Loading...
HomeMy WebLinkAboutcoa.lu.ec.Chart House 219 E Durant Ave.A042-03 ORDINANCE No. 48 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION LOT SPLIT FOR LOTS 1 AND 2 OF THE PROPERTY TO BE KNOWN AND DEDICATED AS THE CHART HOUSE LOT SPLIT, AND DENYING A LOT SPLIT GMQS EXEMPTION REQUEST ON THE PROPERTY LOCATED AT 219 EAST DURANT AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-131-06-002 WHEREAS, the Community Development Department received an application from Balderson/Cabell, LLC, represented by Stan Clauson Associates LLC, requesting approval of a Subdivision Exemption Lot Split and a GMQS exemption for a lot split of the property to be known as Lot I and Lot 2 of the Chart House Lot Split, located at 219 E. Durant Avenue, City of Aspen, Pitkin County; and, WHEREAS, pursuant to Land Use Code Section 26.480.040(B), the Aspen City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or disapprove a development application for a Subdivision Exemption Lot Split, after considering a recommendation by the Community Development Department; and, WHEREAS, pursuant to Land Use Code Section 26.470.070(1), the Aspen City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or disapprove a GMQS exemption for a lot split, after considering a recommendation by the Community Development Department; and, WHEREAS, the Community Development Department reviewed the application for a Subdivision Exemption Lot Split for the property to be described as Lots I and 2 of the Chart House Lot Split located at 219 E. Durant Avenue (Lots 6, 7, 8, and 9, of the Eames Addition to the City and Townsite), City of Aspen, Pitkin County, Colorado and made findings that the application meets the review standards for approving a lot split that are set forth in Land Use Code Section 26.480.030(A)(2), but finds that the application does not meet the review standards for a GMQS exemption for a lot split pursuant to Land use Code Section 26.470.070(1); and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, the City Engineering Department, and the City Parks Department have reviewed the application and provided referral comments; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds the applicable review standards for approving a Subdivision Exemption for a Lot Split, with conditions; and, WHEREAS, the City Council finds that the development proposal does not qualifY for a GMQS exemption for a lot split pursuant to Land Use Code Section 26.470.070(1) because the lathering parcel is located outside of Original Mapped Townsite of Aspen as was established on the 1880 incorporation plat of Aspen; and, WHEREAS, City Council unanimously denied a motion to approve both the requested Subdivision Exemption for a Lot Split and the GMQS Exemption for a Lot Split; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Subdivision Exemption Lot Split for the property to be known and described as Lots I and 2 of the Chart House Lot Split located at 219 E. Durant Avenue, City of Aspen, Pitkin County, is approved with the following conditions: I. The Applicant shall submit and record a subdivision exemption plat that meets the terms of Chapter 26.480, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder no later than 180 days after approval of this ordinance. In addition, the proposed Lot Split Plat shall clearly label the proposed lot line that separates Lot I from Lot 2 and show all easements of record. A plat note shall also be included on the subdivision exemption plat that states that a building permit shall not be issued on Lot 2 until a GMQS allotment is obtained to develop on said lot. The Lot Split Plat to be recorded shall not include the allowable FAR because this Lot Split Approval does not vest an allowable FAR pursuant to Section 2 below. 2. The Applicant shall submit and record a subdivision exemption agreement that meets the terms of Chapter 26.480.030, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder no later than 180 days after approval of this ordinance. 3. The lot split plat shall exhibit two lots in conformance with the L/TR Zone District regulations and shall include the following plat notes: a. The existing structure need not be demolished to accommodate the newly created lot boundaries and the encroachments into the setbacks and right-of-way, and may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the L/TR Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision exemption plat shall grant an easement to allow for the existing structure to be maintained across the new lot line and shall function for the life of the existing structure only. Upon redevelopment, the encroachments into the public right-of-way must also be removed. 4. Both lots shall comply with the applicable development regulations prior to applying for building permits, including those regulations related to Residential Design Standards, Accessory Dwelling Units, and the Growth Management Quota System. 5. The Applicant shall obtain a tree removal permit prior to removing any trees from the site for which a tree removal permit is required pursuant to Chapter 13.20 of the City of Aspen Municipal Code. Any tree to remain on-site during the development of Lots I and 2 shall have its drip line fenced off prior to, and throughout construction. Tree Removal Mitigation may be required for removal of trees pursuant to Municipal Code Chapter 13.20. 6. The Applicant shall install a fire sprinkler system that meets the requirements of the Fire Marshal in any of the proposed structures that exceed 5,000 square feet in size. 7. The Applicant shall comply with the Aspen Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The Applicant shall provide sewer service to Lots I and 2 by either pumping the services to the existing sewer line in Dean Street or install a main sewer line and manholes in the Durant Avenue Right-of-Way. 8. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Upon redevelopment of the new lots, the applicant shall abandon the existing water service line prior to receiving new water taps. Section 2: Approval ofthe Lot Split described herein solely splits the fathering parcel into two (2) conforming lots and does not vest a site-specific development plan. Therefore, the approval granted herein does not exempt or vest the uses or dimensional requirements of the lots created herein from zoning changes to the underlying zone district. Moreover, City Council hereby denies the GMQS exemption request for a lot split pursuant to Land Use Code Section 26.470.070(1), finding that the fathering parcel is located outside of Original Mapped Townsite of Aspen as was established on the 1880 incorporation plat of Aspen. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as iffully set forth herein, unless amended by an authorized entity. Section 4: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: A public hearing was held on the 14th day of October at 5:00 PM in City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 8th day of September, 2003. Attest: Helen Kalin Klanderud, Mayor Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved by a four to one (4-1) vote this 14th day of October, 2003. Attest: Helen Kalin Klanderud, Mayor Kathryn S. Koch, City Clerk Approved as to form: John Worcester, City Attorney TO: Mayor and City Council VUI~ MEMORANDUM I~I THRU: Julie Ann Woods, Community Development Director FROM: James Lindt, Plarmer-:::rL RE: 219 E. Durant Avenue (Chart House) Subdivision Exemption Lot Split and GMQS Exemption- 2nd Reading of Ordinance No.48, Series of 2003- PUBLIC HEARING DATE: October 14,2003 ApPLICANT: Balderson/Cabell, LLC REPRESENTATIVE: Stan Clauson Associates, LLC LOCATION: 219 E. Durant Avenue ZONING: L/TR (Lodge/Tourist Residential) CURRENT LOT SIZE: 12,000 Square Feet (11,979 SF as calculated by Surveyor) PROPOSED PARCEL SIZES: Lot I (Shown as A on Subdivision Plat)= 6,000 SF Lot 2(Shown as B on Subdivision Plat)= 6,000 SF CURRENT LAND USE: Restaurant PROPOSED LAND USE: Proposed Lot I-Duplex Proposed Lot 2- Single-Family Residence SUMMARY: The Applicant is requesting a Subdivision Exemption Lot Split and a GMQS exemption to split a 12,000 square foot property into two 6,000 square foot lots. Photo Above: Area proposed as Lot I of the Chart House Lot Split. Photo Above: Area proposed as Lot 2 of the Chart House Lot Split. - I - . REVIEW PROCEDURE: Pursuant to Section 26.480.040 (Procedures For Review), a development application for a subdivision exemption approval shall be reviewed pursuant to the procedures and standards in this Chapter and the Common Development Review Procedures set forth in Chapter 26.304. Exempt Subdivisions require a public hearing before City Council with its associated public notice. The Applicant shall respond to the subdivision exemption lot split review standards pursuant to Section 26.480.050. City Council may approve, approve with conditions, or disapprove an application for a subdivision exemption lot split and GMQS exemptions for a lot split via an ordinance. STAFF COMMENTS: The Applicant, Balderson/Cabell, LLC, represented by Stan Clauson Associates, LLC, requests a Subdivision Exemption Lot Split to divide the parcel located at 219 E. Durant Avenue into two (2) separate parcels for the construction of a single-family residence and a duplex. The property to be divided is located in the L/TR (Lodge/Tourist Residential) Zone District and contains about 12,000 square feet. In reviewing the application, a question arose as to whether the parcel legally contains the 12,000 square feet needed to execute a lot split in the L/TR Zone District. The survey that the Applicant has submitted shows that the Surveyor calculated the lot area as 11,979 square feet. However, the Applicant is arguing that the property was intended to be 12,000 square feet because it is comprised of four (4) lots in the Eames Addition. And according to the 1959 Official Map of the City and Townsite of Aspen, the lots were supposed to be 3,000 square feet each. Thus, the Applicant is further arguing that in 1959 the property should have been 12,000 square feet and there have been no recorded actions since 1959 that should have altered the size of the property. Therefore, the proposed lots to be created through the lot split would be in conformance with the minimum lot size in the L/TR Zone District, which is 6,000 square feet. Staff has reviewed the Applicant's argument with the City Attorney's Office and it is felt that the Applicant's argument is legally appropriate. With the exception of the previously mentioned lot size issue that appears to be resolved, the proposed request appears to meet the remainder of the lot split review standards that are set forth in Land Use Code Section 26.430.080(A)(2), Lot Splits. On each of the two (2) newly created lots, the Applicant could at most construct a single-family residence and a duplex (and Accessory Dwelling Units if desired) pursuant to the L/TR Zone District requirements. The proposal would also remove setback non-conformities and a right-of-way encroachment when the lot split is redeveloped and the existing building is demolished. In addition, the subject property has not been subject to a previous subdivision exemption as is required by the Land Use Code. However, staff does not feel that the proposal to demolish a commercial structure and replace it with a single-family residence and a duplex is consistent with the Aspen Area Community Plan's goal of stemming the loss of commercial and office space within the City to other uses. Furthermore, staff does not believe that the proposal is consistent with the intent statement of the AACP's Economic Sustainability Section that calls for the City to "maintain a healthy, vibrant and diversified year-round economy that supports the 2 ".. ,~, .-..... ',",..,.,. '.,,;.111 Aspen area community" and "maintain and enhance existing businesses and cultural amenities" because the proposal is removing the commercial/tourist oriented use from the site and replacing it with several free-market, residential dwellings. Yet, the lot split review standards that are set forth in Section 26.480.030 of the Land Use Code do not include required compliance with the AACP. GMQS EXEMPTIONS: The first reading memo that was drafted by staff indicated that staff felt that the proposed lot split qualified under the Growth Management Quota System for an exemption for a lot split. However, since first reading of the proposed ordinance, staff has discovered an issue with the proposed GMQS exemption request associated with this lot split application. Staff has been made aware that the property on which the Chart House is located is not completely within the original Aspen Townsite according to the Aspen Incorporation plat that is attached as Exhibit "D". The code language (attached as Exhibit "E") that is set forth in Land Use Code Section 26.470.070(1), GMQS Exemption for a Lot Split requires that the lot be located within the original mapped Aspen Townsite to qualify for such an exemption. Moreover, the definitions section of the Land Use Code defines the Original Aspen Townsite as being the land depicted on the City of Aspen incorporation plat of record, dated 1880. Tile above-referenced definition of the "Original Townsite" was added to the land use code in 2000 pursuant to City Council Ordinance No.5, Series of 2000. The definition was added to be consistent with a land use code interpretation (attached as Exhibit "F") discussing lot split applications outside of the Original Townsite that was approved by the Community Development Director. Therefore, because the Chart House property is located outside of the Original Aspen Townsite as is established on the 1880 incorporation plat, staff finds that the proposed lot split is not eligible for a GMQS exemption in the manner proposed. CONDITIONS OF ApPROVAL: If City Council is inclined to approve the proposed lot split, staff has proposed several conditions of approval in the proposed ordinance that we believe are important based on referral agency requests. Currently, a commercial building that was constructed in the 1960's exists on the site. The existing building spans over the proposed lot line as well as into the public right- of-way. The review standards for a lot split allow for the existing building to remain as long as any redevelopment on the newly created lots meet the zoning requirements. Due to the fact that the applicant does not wish to demolish the existing structure prior to lot split approval, staff has proposed a condition of approval that requires that when the property is redeveloped, the newly developed structures will have to meet the L/TR Zone District requirements. Additionally, staff has proposed a condition of approval that requires that an easement be granted on the Subdivision Exemption Plat to allow for the existing building to continue to straddle the new lot line until the existing structure is demolished. A plat note will be required to make clear that this easement shall function only as long as the existing structure remains. Additionally, the Planning Staff and the City Attorney's office believe that the proposal, if approved, would not vest a specific use or an allowable FAR because the proposed lot split 3 ""'~'-. does not propose a site-specific development plan. This is of concern because the infill code amendments, which Council is currently reviewing, originally proposed to eliminate the single-family and duplex residential uses from the L/TR Zone District in which the property is located. Therefore, staff believes that it is necessary to make it clear in the proposed ordinance that approval of this lot split will not vest either an allowable FAR or use on the parcels to be created through the lot split. Thus, staff has included language to this affect in Section 2 of the proposed ordinance. Moreover, because the proposed lot split does not vest an FAR, staff has included a condition (Condition No.1) that requires the Applicant to remove the current allowable FAR for the properties from the subdivision exemption plat before it is recorded. RECOMMENDATION: Staff does not feel that the proposed development qualifies for a GMQS exemption for a lot split because the fathering parcel is not within the original mapped Aspen Townsite as is defined in the land use code. However, staff does believe that the lot split request in itself meets all of the Lot Split review standards and that City Council could legally approve the lot split without first granting Growth Management allocations for development on the proposed lots. Therefore, staff would recommend that City Council first deny the recommended motion below, thereby denying the proposed ordinance. Second, staff would recommend that City Council then approve a revised ordinance (also attached as the "Alternative Ordinance" and represented by the "Alternative Motion" below) that approves the lot split, but not the GMQS exemption request. RECOMMENDED MOTION: (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "1 move to approve Ordinance No. 48, Series 2003, approving a Subdivision Exemption for a Lot Split and GMQS Exemption for a Lot Split to create Lot I and Lot 2 of the property to be known and dedicated as the Chart House Lot Split located at 219 E. Durant Avenue, City of Aspen, Pitkin County, Colorado with the conditions set forth in the ordinance." ALTERNATIVE MOTION: (RECOMMENDED FOR APPROVAL BY STAFF) "1 move to approve the alternative Ordinance No. 48, Series of2003, approving a Subdivision Exemption for a Lot Split to create Lot I and Lot 2 of the property to be known and dedicated as the Chart House Lot Split, but denying the requested GMQS Exemption for a lot split finding that the fathering parcel is located outside of the Original Mapped Aspen Townsite as established on the 1880 incorporation plat of Aspen." CITY MANAGER'S COMMENTS: 4 r", ., '.. ,/ " ATTACHMENTS: EXHIBIT A -- REVIEW CRITERIA & STAFF FINDINGS EXHIBIT B -- REFERRAL COMMENTS EXHIBIT C -- VICINITY MAP EXHIBIT D -- ORIGINAL INCORPORATION PLAT OF THE TOWN OF ASPEN EXHIBIT E -- GMQS EXEMPTION LANGUAGE AND DEFINITION OF "ORIGINAL TOWNSITE" EXHIBIT F -- CODE INTERPRETATION REGARDING LOT SPLITS OUTSIDE OF ORIGINAL TOWNSITE 5 ,,",,''', " ORDINANCE No. 48 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION LOT SPLIT AND A GMQS EXEMPTION FOR A LOT SPLIT FOR LOTS 1 AND 2 OF THE PROPERTY TO BE KNOWN AND DEDICATED AS THE CHART HOUSE LOT SPLIT LOCATED AT 219 EAST DURANT AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-131-06-002 WHEREAS, the Community Development Department received an application from Balderson/Cabell, LLC, represented by Stan Clauson Associates LLC, requesting approval of a Subdivision Exemption Lot Split and a GMQS exemption for a lot split of the property to be known as Lot I and Lot 2 of the Chart House Lot Split, located at 219 E. Durant Avenue, City of Aspen, Pitkin County; and, WHEREAS, pursuant to Land Use Code Section 26.480.040(B), the Aspen City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or disapprove a development application for a Subdivision Exemption Lot Split, after considering a recommendation by the Community Development Department; and, WHEREAS, pursuant to Land Use Code Section 26.470.070(1), the Aspen City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or disapprove a GMQS exemption for a lot split, after considering a recommendation by the Community Development Department; and, WHEREAS, the Community Development Department reviewed the application for a Subdivision Exemption Lot Split for the property to be described as Lots I and 2 of the Chart House Lot Split located at 219 E. Durant Avenue (Lots 6,7,8, and 9, of the Eames Addition to the City and Townsite), City of Aspen, Pitkin County, Colorado and made findings that the application meets the review standards that are set forth in Land Use Code Section 26.480.030(A)(2), but finds that the application does not meet the review standards for a GMQS exemption for a lot split pursuant to Land use Code Section 26.4 70.070(1); and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, the City Engineering Department, and the City Parks Department have reviewed the application and provided referral comments; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: ".',. , " Section 1 Pursuant to the procedures and standards set forth in Title 26 ofthe Aspen Municipal Code, the Subdivision Exemption Lot Split and a GMQS exemption for a lot split for the property to be known and described as Lots I and 2 of the Chart House Lot Split located at 219 E. Durant Avenue, City of Aspen, Pitkin County, is approved with the following conditions: I. The Applicant shall submit and record a subdivision exemption plat that meets the terms of Chapter 26.480, and conforms to the requirements of the Land Use Code, in the office of the. Pitkin County Clerk and Recorder no later than 180 days after approval of this ordinance. In addition, the proposed Lot Split Plat shall clearly label the proposed lot line that separates Lot I from Lot 2 and show all easements of record. The Lot Split Plat to be recorded shall not include the allowable FAR because this Lot Split Approval does not vest an allowable FAR pursuant to Section 2 below. 2. The Applicant shall submit and record a subdivision exemption agreement that meets the terms of Chapter 26.480.030, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder no later than 180 days after approval of this ordinance. 3. The lot split plat shall exhibit two lots in conformance with the L/TR Zone District regulations and shall include the following plat notes: a. The existing structure need not be demolished to accommodate the newly created lot boundaries and the encroachments into the setbacks and right-of-way, and may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the L/TR Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision exemption plat shall grant an easement to allow for the existing structure to be maintained across the new lot line and shall function for the life of the existing structure only. Upon redevelopment, the encroachments into the public right-of-way must also be removed. 4. Both lots shall comply with the applicable development regulations prior to applying for building permits, including those regulations related to Residential Design Standards, Accessory Dwelling Units, and the Growth Management Quota System. 5. The Applicant shall obtain a tree removal permit prior to removing any trees from the site for which a tree removal permit is required pursuant to Chapter 13.20 of the City of Aspen Municipal Code. Any tree to remain on-site during the development of Lots I and 2 shall have its drip line fenced off prior to, and throughout construction. Tree Removal Mitigation may be required for removal of trees pursuant to Municipal Code Chapter 13.20. -.'. , 6. The Applicant shall install a fire sprinkler system that meets the requirements of the Fire Marshal in any of the proposed structures that exceed 5,000 square feet in size. 7. The Applicant shall comply with the Aspen Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The Applicant shall provide sewer service to Lots I and 2 by either pumping the services to the existing sewer line in Dean Street or install a main sewer line and manholes in the Durant A venue Right -of- W ay. 8. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Upon redevelopment of the new lots, the applicant shall abandon the existing water service line prior to receiving new water taps. Section 2: Approval of the Lot Split described herein solely splits the fathering parcel into two (2) conforming lots and does not vest a site-specific development plan. Therefore, the approval granted herein does not exempt or vest the uses or dimensional requirements of the lots created herein from zoning changes to the underlying zone district. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. "......' Section 6: A public hearing was held on the 14th day of October at 5:00 PM in City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice ofthe same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 8th day of September, 2003. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this 14th day of October, 2003. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney \ \ AIt-f'-l/V\a.tJ'u't- ()V'J\'V\C\UlC~(! ORDINANCE No. 48 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION LOT SPLIT FOR LOTS 1 AND 2 OF THE PROPERTY TO BE KNOWN AND DEDICATED AS THE CHART HOUSE LOT SPLIT, AND DENYING A LOT SPLIT GMQS EXEMPTION REQUEST ON THE PROPERTY LOCATED AT 219 EAST DURANT AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcellD: 2735-131-06-002 WHEREAS, the Community Development Department received an application from Balderson/Cabell, LLC, represented by Stan Clauson Associates LLC, requesting approval of a Subdivision Exemption Lot Split and a GMQS exemption for a lot split of the property to be known as Lot I and Lot 2 of the Chart House Lot Split, located at 219 E. Durant Avenue, City of Aspen, Pitkin County; and, WHEREAS, pursuant to Land Use Code Section 26.480.040(B), the Aspen City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or disapprove a development application for a Subdivision Exemption Lot Split, after considering a recommendation by the Community Development Department; and, WHEREAS, pursuant to Land Use Code Section 26.470.070(1), the Aspen City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or disapprove a GMQS exemption for a lot split, after considering a recommendation by the Community Development Department; and, WHEREAS, the Community Development Department reviewed the application for a Subdivision Exemption Lot Split for the property to be described as Lots I and 2 of the Chart House Lot Split located at 219 E. Durant Avenue (Lots 6, 7, 8, and 9, of the Eames Addition to the City and Townsite), City of Aspen, Pitkin County, Colorado and made findings that the application meets the review standards for approving a lot split that are set forth in Land Use Code Section 26.480.030(A)(2), but finds that the application does not meet the review standards for a GMQS exemption for a lot split pursuant to Land use Code Section 26.470.070(1); and, WHEREAS, the Fire Marsha!, Aspen Consolidated Sanitation District, the City Water Department, the City Engineering Department, and the City Parks Department have reviewed the application and provided referral comments; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council fmds that the development proposal meets or exceeds the applicable review standards for approving a Subdivision Exemption for a Lot Split, with conditions; and, WHEREAS, the City Council finds that the development proposal does not qualify for a GMQS exemption for a lot split pursuant to Land Use Code Section 26.470.070(1) because the fathering parcel is located outside of Original Mapped Townsite of Aspen as was established on the 1880 incorporation plat of Aspen; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 ofthe Aspen Municipal Code, the Subdivision Exemption Lot Split for the property to be known and described as Lots I and 2 of the Chart House Lot Split located at 219 E. Durant Avenue, City of Aspen, Pitkin County, is approved with the following conditions: I. The Applicant shall submit and record a subdivision exemption plat that meets the terms of Chapter 26.480, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder no later than 180 days after approval of this ordinance. In addition, the proposed Lot Split Plat shall clearly label the proposed lot line that separates Lot I from Lot 2 and show all easements of record. A plat note shall also be included on the subdivision exemption plat that states that a building permit shall not be issued on Lot 2 until a GMQS allotment is obtained to develop on said lot. The Lot Split Plat to be recorded shall not include the allowable FAR because this Lot Split Approval does not vest an allowable FAR pursuant to Section 2 below. 2. The Applicant shall submit and record a subdivision exemption agreement that meets the terms of Chapter 26.480.030, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder no later than 180 days after approval of this ordinance. 3. The lot split plat shall exhibit two lots in conformance with the L/TR Zone District regulations and shall include the following plat notes: a. The existing structure need not be demolished to accommodate the newly created lot boundaries and the encroachments into the setbacks and right-of-way, and may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the L/TR Zone District provisions with respect to the newly created lot boundaries and setbacks. The SUbdivision}.. exemption plat shall grant an easement to allow for the existing structure to be maintained across the new lot line and shall function for the life of the existing structure only. Upon redevelopment, the encroachments into the public right-of-way must also be removed. .F"'" .' 4. Both lots shall comply with the applicable development regulations prior to applying for building permits, including those regulations related to Residential Design Standards, Accessory Dwelling Units, and the Growth Management Quota System. 5. The Applicant shall obtain a tree removal permit prior to removing any trees from the site for which a tree removal permit is required pursuant to Chapter 13.20 of the City of Aspen Municipal Code. Any tree to remain on-site during the development of Lots I and 2 shall have its drip line fenced off prior to, and throughout construction. Tree Removal Mitigation may be required for removal of trees pursuant to Municipal Code Chapter 13.20. 6. The Applicant shall install a fire sprinkler system that meets the requirements of the Fire Marshal in any of the proposed structures that exceed 5,000 square feet in size. 7. The Applicant shall comply with the Aspen Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The Applicant shall provide sewer service to Lots I and 2 by either pumping the services to the existing sewer line in Dean Street or install a main sewer line and manholes in the Durant A venue Right -of- Way. 8. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Upon redevelopment of the new lots, the applicant shall abandon the existing water service line prior to receiving new water taps. Section 2: Approval of the Lot Split described herein solely splits the fathering parcel into two (2) conforming lots and does not vest a site-specific development plan. Therefore, the approval granted herein does not exempt or vest the uses or dimensional requirements of the lots created herein from zoning changes to the underlying zone district. Moreover, City Council hereby denies the GMQS exemption request for a lot split pursuant to Land Use Code Section 26.470.070(1), finding that the fathering parcel is located outside of Original Mapped Townsite of Aspen as was established on the 1880 incorporation plat of Aspen. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. ,-"'"' ''''' Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: A public hearing was held on the 14th day of October at 5:00 PM in City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 8th day of September, 2003. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this 14th day of October, 2003. Attest: Helen Kalin Klanderud, Mayor Kathryn S. Koch, City Clerk Approved as to form: John Worcester, City Attorney '"", '-, EXHIBIT A SUBDIVISION EXEMPTION LOT SPLIT REVIEW CRITERIA & STAFF FINDINGS The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14,1977, where all of the following criteria 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. Staff Finding The property subject to the proposed Lot Split is not located in a subdivision. The subject property is located within the Eames Addition to the townsite of Aspen. Staff finds this criterion to be met. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.470.070(B). Staff Finding There will be no more than two lots created by this lot split, Lots I and 2 of the Chart House Lot Split. As was detailed in the staff memo, there is a question as to the accepted lot size of the parcel. The Surveyor certified a lot size of 11,979 square feet, but the Applicant has made an argument that the property is intended to contain 12,000 square feet. That being said, the Plarming Staff and the City Attorney's Office believe that the Applicant can legally split the lot. To obtain GMQS exemptions to develop each of the lots with a single-family residence and a duplex, the applicant has consented to providing an ADU on each of the lots to be created. Additionally, staff has required as a condition of approval that the Applicant provide an ADU of at least 600 net livable square feet on the lot that is proposed to contain a duplex. However, staff does not believe that the proposed lot split meets review criteria for a GMQS exemption for a lot split (see Exhibit "A" for findings regarding GMQS exemption request on page 9). Staff finds this criterion to be met. c. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter or a "lot split" exemption pursuant to Section 26.470.040 (C)(I)(a). 6 ."...", .',....... . ,-.,.,,'" Staff Finding Staff finds that the subject lot has not previously been granted a subdivision exemption or a lot split. Staff finds this criterion to be met. d. A subdivision plat which meets the terms of this Chapter, and conforms to the requirements of this Title, is submitted and recorded in the office of the Pitkin County Clerk and Recorder 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 Chapter and growth management allocation pursuant to Chapter 26.470. Staff Finding No further subdivision will be granted for Lots I and 2 and no additional units will be built without receipt of applicable approvals pursuant to this Chapter and growth management allocations pursuant to Chapter 26.470. The required subdivision plat with a note allowing no further subdivision of the newly created lots, as approved by City Council will be submitted by the applicant and recorded in the office of the Pitkin County Clerk and Recorder. A condition shall be added to the plat stating that a building permit will not be issued on the second lot until a GMQS allotment has been received. With this condition, staff believes this criterion is met. e. The subdivision e~emption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part ofthe applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid. The Community Development Director may extend the recordation deadline ifthe request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward an extension request to the Planning and Zoning Commission. Staff Finding The applicant shall record the required subdivision exemption plat and agreement within one hundred and eighty (180) days of approval by the City Council if approved. Staff finds this criterion to be met. f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding Currently, a structure exists on the proposed property line. Staff has proposed a condition of approval that requires any new development on the lots meet all of the L/TR Zone District requirements. Staff finds this criterion to be met. 7 , ", g. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single- family home. Staff Finding The Applicant is proposing only three (3) residential units that count towards density (ADUs do not count towards density) on the two (2) lots to be created as a result of the proposed lot split. Staff finds this criterion to be met. 8 i" "", .,......... , .' ,.;. EXHIBIT A GMQS EXEMPTION FOR A LOT SPLIT REVIEW CRITERIA & STAFF FINDINGS City Council may approve a GMQS exemption for the development of one detached residential dwelling on a vacant lot within the original mapped Aspen Townsite, formed by a lot split granted subsequent to November 14, 1977, pursuant to section 26.480.030(A)(2). The existing original lot does not need to be developed in order to be eligible for this exemption. Once split, the development or redevelopment, as applicable, of the resulting lots shall be subject to the provisions of section 26.470.070(B). This exemption is deducted from the respective annual development allotment established pursuant to section 26.470.040 or from the Aspen Metro Area development ceilings established pursuant to section 26.470.030. Staff Finding: The code language that is set forth in Land Use Code Section 26.470.070(1), GMQS Exemption for a Lot Split requires that the lot be located within the original mapped Aspen Townsite to qualify for an exemption. Moreover, the definitions section of the Land Use Code defines the Original Aspen Townsite as being the land depicted on the City of Aspen incorporation plat of record, dated 1880. As can be seen on the incorporation plat of the City of Aspen (attached as Exhibit "E"), the Chart house property is located outside the original mapped Aspen Townsite. Therefore, staff does not find this criterion to be met. 9 oT MEMORANDUM . .1'. \\t) If E-Xl11 011- P ..... To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Case load Coordinator Date: August 13, 2003 Re: 8/13t03 DRC Minutes: Chart House Lot Split Attendees: James Lindt, Community Development Department Nick Adeh, Engineering Department Stephen Kanipe, Building Department John Niewoehner, Community Development Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Brian Flynn, Parks Department Ed VanWalraven, Fire Department Stan Clauson, Planner for Applicant At the August 13, 2003 meeting, the Development Review Committee reviewed the following project: Chart House Lot Split: Currently the applicant is seeking approval from the City to perform a lot split on the property currently occupied by the Chart House. The proposed lot split will create a two lots - - one lot sufficient for a duplex residence and one lot for a single family residence. One issue regarding the lot split is that a 12000 sf area is needed per Code. However, the actual area of the lot is 11979 sf. DRC COMMENTS 1. Enllineering Department: . Nick stated that the lot size issue was a legal question that should be directed to the City Attorney. 2. Community Development! Zoning . With regard to the lot size issue, James recommended that the Applicant provide the City Attorney with a letter asking for an interpretation of the City Code pertaining to lot area requirements. . Demolition of the Chart House does not have to precede the lot split. The recorded lot split plat can show an easement for the existing building over the lot line. 3. Parks Department . On the Durant Street side of the existing lot there are several large trees and a grade difference between the Chart House building and Durant Street. The trees and grade prevent the installation of sidewalk across the property. At some point the Parks Department will need to make a determination regarding the heaith and value of the trees. If the trees can be removed, then the sidewalk can be installed and along with new street-scape. . Unless the Durant Street trees are to be removed, the trees will need to be protected during demolition and construction. 7. City Water Department: Page 2 of 2 August 13, 2003 Chart House Lot Split DRC . As part of the demolition permit, the existing water service will need to be abandoned in compliance with Water Department standards. 8. Aspen Consolidated Sanitation District; . There is no sewer in front of the Chart House on Durant Street. The existing building is served by a 4-inch cast iron line that drains to the sewer on South Aspen St. There are two possibilities for serving the proposed lots Option 1 is to pump to the sewer on Dean Street. Option 2 is to install main sewer line and manholes in Durant Street. 9. Ccommunitv Development Enqineer: . Driveway curb cuts cannot exceed 18 feet in width. IDRC/ChartHouse-Subdiv )--,., ~ u II . +"" :c 1: Z U :; WI en ~/ ::) Of J: ~ ,..", . / ~ z r:/J. ~ /jI-=)! ii 1/./ '.. :/A;' i :' -- ! "~ ... ,', , , .. .. , ' , , ' , , i !~!"""""" /..!/-- I- II ~~~~~ -.-.---- ; FI t:LD N'OTES l'>~Tt1.iOVIIl'lc>"J\5PEN , \ a~'''N'.3~c.me:r~\ "'\\"-~ \1...u;\-;l...,\We."-",,~<Y I ~ '^,'\.,,~""" .;, R."""!,^^"..,, y. ~ \~..LvJ--~ \ .~..I, ' U. _. H\ . \ ' ,.............. ~J<lN:3'5;; ,0' N ".~W' VN--.b,,'-Y- (,,,-"/.~ ~ .wJ..;;; ~ ~ ~ <M~MI "(\V" {,.....Jv, ~!5''''N ~Jv.'("oE ,\I,~l(j,{]'J.>wu.vc~,,, ~~'Y~"""'a.....c..-~~' \ ' ~.N. \'0. ~~ '(II ~ .1 ~~ \ \'6Wv._ ~ a ~~.... \-UI.M Jv-:'~i~ .f.r ~ \ \\:5 ~w t-t').<6~ ls-c.oJ "\.V~ w~J-i 3\OW~'io I.H.w'ol..o ~ UI~ ~!v'.\~O >1 'j)oo\r!{' ID~~'!' l.L-sv...lv..~ I~ r~w.u ';:.d "" I.~. t4 .~ .s.."uk ->f uV,\ t~.O.M \j~ 'is~ oy{ ~ _ "S"'^'~-,~c( 1<t~ ~<-- ~ -1~ [ - ;<<rtk. R.ww"J'(.~'.\s ~~'6'ooWa\OO~.Ar . "'\. 1I~ ~ \ '\Q c;... 'l\O \0 o--~ ~ ~ \.~1( ~ ! r~<... ~- !, b-' E I\'~ ~ U l:lhJ '\0\.01 '" l\ ~ s.1o'E ~~ ~ \c. '.mt-nc~ ~ ~ ,,\1 Jt,\.o' e 300~ \>~~q ~s '......' S'fO ,It I , E LI.OD 60:: Lv~ -vU>\ ~~ \ ~L\~JY-OV~ I (j . . \~\'\. '~o...-..........~, Z-jn.~ O.th~ , i ~ ~ ~\Dl>V-W I \\ 1"'--"" i ~ Lt-~, .. '-0 " .. \r{)t,"-8oJ(/~ ..)'A'''''''''' J1J,," I ----,,~ , '--- r "- "- PLAT o F" TIt~- \O~ N <DF /\S PE N Sco..\e.. \ \'(\.c.'\.. "::'\000 fT, ~- ~"1 ~"h/ ""$'~:?,.>/ -?.J/iUI ,- '" ~, ,cto. ,- '~ .....~r ~.' '\ :;xaoo~'~.~r J.".,iQ'~IDllaao'~ ,~, ~ .~? ,. ,....fl '\ .. 'i4- ~~.~-. ~~ 1 ~ - -- 0 /' , o ~ \ {~ o / I: Il ~81J~D8' ; [;~ ,~ . ~ I J\; fi"i~ .: . t- '\I ',~ ~'/1~ :ru~. . Q _ //~~ . ',:JtU~ . iLJgWC' J ~ (1;(' 'as 'IB~ pI ~ / /. L~ _RjIJl~(,J .f // ~'>!D" '1 U D~ /~ ~jO U rfDr0 !t1H' Bsr w !..,f01j.' U _.DfJ '" nn 'L,_L -- ,;, "t1' I e,J..1'5'~~ot- /b~o ti Y- "'I' .-/'~ ~--~ ~ -- - -- ; l , lP f'l \ '(\( ;r V. Lvv...... ~'. ~. '~..~.'~~. ' $wvi . ~ ~ '~v-- -- ----~-_._._----- \,,' -~ ,,/ / r OVI~\n~' 5~v~ '9.~)-\ \J4Q.\~e..'X' C.f; . \ ~j'6W ~ &~~~"\" ~(L\M'I\L\.,v -..--" ..~.,~-=. -" -_._-,~~~_.--. ~ II f~) I \ \ \ " &,,; 10.11- "tJ' t \' I 1 --- ---- -~--- -~- FinD NOTES M"'HEiowl'l~'A5PHI I e~''''~~;'''.''\01\O\ "h",,~ 'dulCy,<Awe"-",~", ~~''-<~il~",^~Y.,.y,(\~~~ ':..!\.V.Ji.- ~ NSS'\o\ N ('..."t.t;l \,\U- ~'1-i,I,..- t,....tAIIM ~ ~'fvN}.j;; ~ ~ UA.'(LUv'yv..I" ~ .N, ~S'W ~.!'r.\\'.t 1\1,e.~~",.~",~ '1,/",t.--~ 'Yf,<.Jc..., d.....,... ~\<.-cwt\ \'6--~f~r~~~~tt ,'\S' W >t}'j't wc.oJ "\M:l W~~ 3\oyr,'i<> l.i-c..-"", (V~~!r.\~'W~Ooo~ (,;1.0-+'"".1 ",~Wu..~ 1....,.....,. ~~ 'c:d ^ I.' 0 f-i ~ $.J,"J. ~i' <.<L\\ h.<1M IJs s'1OW '. I :.. 11~Vu>1<..""';'-{~ 11'- ~~'(t;:'jJ'(.....\5' ,<,<'~~0'W3\oo~ ~ 11<>c-~1o ....~~f<uki~"1l" l I ~<. ~,~b'" E 1\'~tr:"":1..o CAMI'nD1 c' I v.........u... ~.1o' ~ ...!-ai>1f-'.\-" 1.0 -:..v'1'l.<>~ ~ : 11,)(,\'0' e- 300\,* 1o~~q ~S . \ S\fO ,If I , E~l.oo C~w--c.r'}lt.o\ '1~...u-V ' I 'h.'\~' JYoV~ I~" I~' "... ~~l,~ o.-u", , I ~ >.1.6 1DOrrW , \, 1~~" \l : '-t-~c. t\ ,",0"" "I ~~ .)"""A Sll " " , Tot,,- 80XlooR I ~ ' ,r "....~ " ~. '~ PLAT o F' TII ~ ,O'N N ClF/\S PE N Sco.\e. \ \n.c.k -=\000 tT, , IJl fY I"" ;JI'-l..u...- ~' --t" .i.lS",,"'"",' S,'-Wi l' u.-...x; . ^ ~~~::P-- -~ / / r ,-- ') ~ 0",:>'"'''' Su,.vfA1 \J~)4. IJ-te.\11'ex l: I:: ~,J..-.",i: S~~~'\" ~a:"';I"\D.~ '\ .~ ,r It 1 ~ ~ j I I ~i i I I \ I , I i &k; 10,1 ~IJ .' <~ - -----; I "..;:~~::' ~ "J ~ , Jl~' a ,/7%; / (/ \;;?gtlJ. G(/N""So.~ ' z 3/d7/1g'~/ ~C)O r A.f .!3k V ~ //2- /~ , \ >~ \ . :'~ : ~~ " Exl\;Io,'/-'\E" 26.104.100 assurances for physical improvements, timing of improvements, acceptance procedures for im- provements, and non-compliance provisions, and any other requirements of the land use approval. Subgrade Area. An area below the natural or finished grade of the ground. (See, Supplemen- tal Regulations - Section 26.575.020(A), Floor Area). Tattoo parlor. A business establishment principally engaged in the business of creating in- delible marks or figures fixed upon the human body by insertion of pigment under the skin. Temporary use or structure. A use or structure that mayor may not be pennitted in a given zone district, but which may be allowed on a non-permanent and temporary basis upon review. (See, Chapter 26.450, Temporary Uses.) Timeshare development or unit. A development, building or dwelling unit the title to which is, or is to be, divided either into interval estates or time-span estates as defined at Section 38-33- 110, C.R.S., as may be amended from time to time. Time share use. A contractual or membership right of occupancy (which cannot be tenninated at the will of the owner) for life, or for a term of years, to the recurrent and exclusive use or occu- pancy of a dwelling unit on some periodic basis for a set period of time that has been allotted from use or occupancy periods into which the dwelling unit has been divided. Top of slope. A line generally running parallel to a stream or river from which development must be setback and which delineates the bank of the river or stream or other riparian area as de- tennined by the City Engineer. Townsite or Original Aspen Townsite. Land depicted on the City of Aspen incorporation plat of record, dated 1880. Parcels of land lying partially within this area shall not be considered within the Original Townsite. Trail. A marked or dedicated path or way for pedestrian and/or non-motorized traffic. Trash Compactor. A mechanical device intended to minimize volume and store domestic re- fuse meeting the requirements of Municipal Code Chapter 12.04 - Solid Waste. Use. The purpose or activity for which a lot, other area of land, or a building is designated, ar- ranged, intended, occupied or maintained. Utility/trash service area. An area approved or designated for the placement of garbage or trash containers, or mechanical equipment, accessory to a principal structure or use. (See, Supple- mentary Regulations _ Section 26.575.060, Utiliryffrash Service Areas.) Vested property right. The right to undertake and complete the development and use of prop- erty under the terms and conditions of a site specific development plan. 462 (AspeD 2102) and PIlfI me' Co in! CH all '} aI' I ~ C( d. A S' I I ~-r' I I I i! , .,~-~_.~-"<.~-~_.~.__.~"--"",,,",,._-,~- 26.470.070 a. it serves an essential public purpose, provides facilities in response to the demands of growth, is not itself a si~ficant growth generator, is available for use by the general public, and serves the needs of the City. 2. An applicant for an exemption pursuant to this section shall be required to demonstrate to the sat- isfaction of the City Council: a. That the impacts of the essential public facility will be mitigated, including those associated with: i. the generation of additional employees, the demand for parking, road and transit ser- vices, and ii. the need for basic services including but not limited to water supply, sewage treatment, drainage control, fire and police protection, and solid waste disposal. It shall also be demon- strated that: iii.. the proposed development has a negligible adverse impact on the city's air, water, land and energy resources, and is visually compatible with surrounding areas. 3. Notwithstanding the criteria as set forth in subsections (1) and (2), above, the City Council may determine upon application that development associated with a nonprofit entity qualifies as an essen- tial public facility and may exempt such development from the growth management competition and scoring procedures and from such rniti ation re uireme . t deems a r riate and warranted. Lot split. The development of one detached residential dwelling on a vacant lot within the original mapped Aspen Townsite, formed by a lot split granted subsequent to November 14, 1977, pursuant to sec- tion 26.480.030(A)(2). The existing original lot does not need to be developed in order to be eligible for this exemption. Once split, the development or redevelopment, as applicable, of the resulting lots shall be sub- ject to the provisions of section 26.4 70.070(B). This exemption is deducted from the respective annual de- velopment allotment established pursuant to section 26.470.040 or from the Aspen Metro Area develop- ment ceilings established pursuant to section 26.470.030. Review is by City Council. J. Affordable housing. All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shall be exempt from the competition and scoring procedures. The review of any request for exemption of housing pursuant to this section shall include: ;j f '~ ; I. A determination of the city's need for affordable housing. 2. The proposed development's compliance with the Aspen Area Community Plan, housing sec- tions, and addendum of said plan. 3. The proposed location, number, typ~, size, rental/sale mix, and price/income restrictions of the affordable housing units. (Aspen 10/02) 616 JURISDICTION: ASPEN/PITKIN COUNTY Ca ~'/'. COMMUNITY DE'V"ELOPMENT DEPARTMENT !f{#ti<, <.,-,:;/ ''''1'1' ~ CODE INTERPRETATION OS__ Ze,.. c."V,,-._ '-"'k' '/'r. "!""':.c:. "'IJ c,c-..~,;;J>. '"r....\',c,.,,"/o;.; ,,'v 9~r .1,../0.. .., ~/,\,\\6/i. \\ C I) -1j:) j:) '90, v<S-D , City of Aspen APPLICABLE CODE SECTION: Section 26.470.070(1) GMQS Exemptions - Lot Split, Section 26.480.030 (A)(2) (Subdivision- Exemption - Lot Split) EFFECTI'V"E DATE: September 8, 1999 WRITTEN BY: Chris Bendon, PLarmer APPROVED BY: Cft~tU~ DATE: "t,l N-(~1 SUlVIMARY: This Land Use Code interpretation concludes that the Lot Split Exemption provisions of Growth Management Quota System do not extend to lots outside, or lots partially within, the Original Mapped Aspen Townsite. ( BACKGROUND: Stan Clauson requested an interpretation of the Land Use Code to determine iflots that are outside in the Original Mapped Aspen TO\NTIsite qualifY for a Lot-Split Exemption under Growth Management Sunny Vann requested an interpretation of the land Use Code to determine iflots that are partially within the Original Mapped Aspen Townsite qualify for a Lot Split Exemption . under Gro\N1h Management. DISCUSSION: The Original Aspen Tovmsite is not a term defined in the definitions section of the Land Use Code. However, language within the Subdivision Chapter, Section 26.480.020, describes an Aspen Townsite Lot as land depicted on the Aspen incorporation plat of record, dated 1880. The Townsite and the original description of land by block and lot used in this incorporation platis still used to describe land within the City of Aspen in reference to this 1880 plat. In fact, areas since annexed to the City of Aspen are described as additions and referenced by the name of the annexation (i.e. Eames Addition). The Lot Split Subdivision Exemption provisions of the Land Use Code, Section. 26.480.030(A)(2), allows lot splits contingent on seven criteria. None of these criteria require the fathering parcel be in the Original Townsite. The Grov.1h Management Exemption provisions for Lot Split parcels, Section 26.470.070(1), allows exemptions for the development of one detached residential dwelling on a vacant lot within the orif;inal mapped Aspen Townsite, formed by a lot split granted subsequent to November 14,1977 pursuant to Section 26.480.030(A)(2). These are discrete land use reviews although both of these reviews are by City Council. Approval for one land use review, however, does not grant or even imply approval for another land use review. In other words, approval for a Lot Split Subdivision Exemption does not grant approval for a Grov.th Management Exemption even though City Council has the authority to grant both reviews. Furthermore, approval for one type of land use review by an authorized approving Board does not' grant or imply approval for a land use review that is not authorized to be granted by that same, or anv other, Board. In other words, City Council's authorization to grant a Lot .; . - ..... Split Subdivision Exemption approval outside of the Original T ov.nsite does not require them to approve a Grov.th Management Exemption on the same lot. The term "within" is used in the Land Use Code to describe vacant lots to which City Council may grant Growth Management Exemptions - vacant lot within the Original Aspen }"lapped Townsite. The term "within" is not a term defined within the Land Use Code but commonly means "encompassed by" or "in the inner part of' when used.in both 'Written and spokenEnglish. c lvlr. Vann raises a question regarding a Lot Split application which may have been processed erroneously. City Council approved a Subdivision Exemption for.a Lot Split and a Grov.th Management Exemption for a new dwelling unit to be located on a newly created lot split parcel at 934 West Francis Street in December 1997. The staff memo did not conclude that the subject property was only partially 'Within the Townsite. The memorandum and approving Ordinance did, however, state that the application met all requirements of the Land Use Code. Upon closer inspection, a portion of One of the newly created lots was not entirely in the original Townsite. The issue of the property being partially outside of the ToWnsite was overlooked and Mr. Vann is correct in his assumption that the Growth Management Exemption. was 'il;Tongly approved. INTERPRETATION: Based on the language reference above, 1 interpret the term "Original Mapped Aspen Townsite" to mean lands within the boundaries of Aspen's incorporation plat of 1880. The Subdivision Exemption criteria for a Lot Split do not require the fathering parcel to be 'Within Original Mapped Aspen Townsite. However, the Growth Management exemption provisions for Lot Split parcel only apply to vacant lots within this boundary. These are discrete reviews. Therefore, it is my interpretation of these code sections that a lot split outside of the original Townsite may be approved by the City Council, however, additional residential units must be granted an allotment through the GMQS scoring and competition procedures, as there exists no exemption procedure. :' ( .. Lastly, itis my interpretation of the Land Use Code that the Gro'-"th Management Exemption provision for vacant lots within the Original Mapped Aspen Townsite created by a Lot Split Subdivision Exemption only extend to those lots wholly within this boundary and not partially within the boundary. APPEAL OF DECISION Pursuant to Section 26.306 of the Land Use Code, an interpretation of the Land Use Code made by the Director may be appealed to the Aspen City Council pursuant to Section 26.316. This can be done in conjunction with a land use request before City Councilor as a separate agenda item. '~Jr I << u ~'D{I~03 PUBLIC NOTICE RE: CHART HOUSE (219 E. DURANT AVE.) SUBDIVISION EXEMPTION LOT SPLIT AND GMQS EXEMPTION FOR A LOT SPLIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 14,2003 at a meeting to begin at 5:00 p.rn. before the Aspen City Council, at the Aspen City Hall, 130 South Galena Street, Aspen, Colorado in the City Council Chambers Room, to consider an application submitted by Balderson/Cabell, LLC requesting approval of a subdivision exemption lot split and a GMQS exemption for a lot split on the property located at 219 E. Durant Avenue (Chart House property). The property is legally described as Lots 6,7,8, and 9, Block 3 of the Eames Addition to the City and Townsite of Aspen. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, jamesl@ci.aspen.co.us. s/Helen Kalin Klanderud. Mavor Aspen City Council i\fo " Published in the As en Times on Se tember 27, 2003 City of Aspen Account ~"/1 ~/? fi "~~~~ J '1J~! ._.'.""._--~"..._..- ~.- -- ..._~..,.,.;..., -'"' r~ to/14{03 JTAN CLAUSON ASSOCIATES, LLC Planning. Urban Design Landscape Architecture Transportation Studies Project Management '- " 9 September 2003 200 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE: 970.925.2323 FAX: 970.920.1628 E-MAIL: clauson@scaplanning.com WEB: v.rww.scaplanning_com Mayor and City Council City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Re: Chart House Lot Split, Ordinance #48, Series of 2003 Dear Mayor and Members of the City Council: At last night's City Council meeting, prior to consideration of Ordinance 48, Council Member Paulson characterized the proposed Chart House Lot Split as a form of "blackmail." I think this characterization was unfortunate in a number of ways and, while I did not want to take up your time at the meeting, I would appreciate your considering the following information about the Chart House property and the current proposal. The Chart House property is owned by two long-time locals, Herb Balderson and Joey Cavell, who as partners were responsible for the original development of the Chart House as a restaurant. The Chart House chain was purchased by Landry's, which entered into a long-term lease with Herb and Joey as the building owners. Recently, Landry's defaulted on that lease, leaving the property owners stuck with a building that was very unlikely to find a new restaurant tenant. In assisting the partners to find a suitable reuse for the property, our firm was certainly aware of the desire on the part of the City to provide new lodging development. In reviewing the possible reuses for the site, lodging came to the top as something that was endorsed by the comprehensive plan and recent activities such as the Economic Sustainability Committee. In tact, Herb Balderson is at the present moment searching for an appropriate development partner to advise him on the possibilities inherent in the property for a lodging development. Herb is not a developer and could not undertake this on his own. If a suitable partner is found and lodging development makes sense, then Council can certainly expect that the partnership will be submitting a reasonable application that tries to provide community benefit in the form of lodging development. In the meantime, however, the source of income that the partners relied on for their day-to- day needs is lost to them and there is need to look at other options as well. It may not prove that a lodging development represents an economically viable use of the property. Here are some facts that suggest that it may be difficult to develop this 12,000 s.t: property as a lodge: . The City has recently approved a number of developments in the immediate area, including Dancing Bear and the Hyatt; PLANNING AND DESIGN SOLUTlONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS o o Aspen City Council 9 September 2003 Page 2 . The St. Regis intends to seek expansion for its undeveloped structure fronting on Durant Avenue; . A further lodge proposal is in review for the Tippler property; . The Hyatt has not moved forward, apparently because of financing issues; . Lodges generally are reporting weak occupancies. Taken together, these facts suggest that the lodging market may be reaching saturation in that immediate vicinity, if not in Aspen generally, and that financing may be very difficult to obtain. The other viable option is residential development. We are fully aware that residential development is not the preferred development fur the L T/R zone. However, the particular area of concern has been residential development that displaces existing lodging units. This is not the case with the Chart House property, which has no existing lodging use. We would point out that it was not long ago that Council approved a lodging development for the Tippler property, believing that redevelopment of the site for residential was better than having an abandoned restaurant use. The same would be true for the Chart House property. We are certainly aware that an originally recommended code change would have eliminated residential development as a permitted use in the LT/R zone. However, Council was correctly concerned about the effect of creating so many non-conforming existing residential properties within the L T /R zone district. My understanding was that staffwas instructed to look at an alternative proposal that would reduce the floor area allowable for residential development. Chris Bendon's most recent summary of proposed changes showed a 20% floor area reduction for residential in the L T /R zone, but not the elimination of residential. While this floor area reduction might be better than simply making all residential use non-conforming, it still does not get at the heart of the matter, which is providing specific incentives for reasonably configured lodging development. Even with these specific incentives, such as a reasonable allowable floor area and building height, the market may now be saturated with lodging development. Further, the fractional ownership form of financing may have run its course. Last week, Mayor K1anderud and I heard the president of the Wells Fargo Bank tell the ACRA Board that he believed that fractional ownership financing was becoming very difficult to obtain and conventional fmancing for hotel development was virtually non-existent. So, now to return to the lot split application: it is not anything but an attempt to find a viable land use alternative for a commercial property that is no longer useful in its present form. Our firm does not engage in blackmail or any form ofIeveraging in working to develop land use proposals with our clients. We look for appropriate uses that are supported by the code and recent practices. We try to meld this with good quality site o o Aspen City Council 9 September 2003 Page 3 design that reflects the urban fabric where a project is to be located. Nor are the owners of the property interested in anything but working with the City in an honest, straightforward, and problem-solving way. The lot split application before you is supported by the code and represents a reasonable re-use of the site. It will provide some urban design amenities currently lacking along Durant Avenue and be a good neighbor to the existing residential and lodging development in the area. It is consistent with previous applications, such as the Tippler approval, that have proposed residential development where there was uncertainty about the possibility of a viable lodging use. We are sincere in what we propose, and expect to be treated as such in working with Council fur the projects we bring forward. The property owners are not some high-rollers parachuting into Aspen to make a quick buck. They have long been a part of our community, and want to do something that works for all parties. I hope that it helps to know this. 1 further hope we might try to give the best and kindest characterization to one another's intentions, even when we might disagree. Very truly yours, Stan Clauson, AlCP, ASLA STAN CLAUSON ASSOCIATES, LLC Cc: Herb and Marcy Balderson MARK A. FREIRICH, P.C. AlTORNEY AT LAW V~unJ wI \~D7 .".'" 928 LINCOLN AVENUE P. O. BOX 774056 STEAMBOAT SPRINGS. COLORADO 80477 TELEPHONE (970) 879-2277 FACSIMILE (970) 879-2278 October 3, 2003 Mr. James Lindt City of Aspen Community Development Dept. 130 Galena St., Aspen, CO. 81625 RE: Chart House Subdivision Exemption Dear Mr. Lindt 1 am writiIlg this letter to express my concern with respect to the proposed subdivision exemption for the Chart House (219 E. Durant Ave.) -. -.- .-, . 1 am the owner to Aztec Unit # 4 which is located immediately behind the existing Chart House structure. As you are probably aware, there are numerous mature beautiful trees which surround the Chart House restaurant. 1 would request that the developer be restrained from tearing down any ofthese trees. - In addition, the size of any structures which are proposed upon this property is a concern. 1 would request that the height of any structure placed upon this property be limited to the existing height of the Chart House building. Finally, noise is a factor in this neighborhood due to the number of trucks which service the St. Regis Hotel. 1 would hope that any development which is approved takes into account the importance of maintaining a quiet residential neighborhood. SiIicerely, l_/\ ~.~. Mark A. Freirich ,,",,'" ...... / CITY COUNCIL AGENDA October 14, 2003 5:00 P.M. I) Call to Order II) Roll Call III) Scheduled Public Appearances a) Employee Recognition - Colorado Parks & Recreations Association b) Proclamation - Communities in Motion IV) Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V) Special Orders of the Day a) Mayor's and Council members' Comments b) City Manager's Comments c) Board Reports VI) Consent Calendar (These matters may be adopted together by a single motion) a) Resolution #93, 2003 - CIRSA Insurance Policy ~ Renewal for 2004 b) Resolution #94, 2003 - Supporting Climate Stewardship c) Resolution #95, 2003 - Golf Pro Shop - One year lease extension d) Resolution #96, 2003 - Request for funds - Painting Old Animal Shelter e) Resolution #92, 2003 - Qwest Contract Extension f) Minutes - September 22, 2003 VII) First Reading of Ordinances a) Ordinance #52,2003 - Land Use Code Amendments P.H. 11/10 b) Ordinance #51, 2003 - Code Amendment - Residential Multi-Family Replacement Program 10/27 c) Ordinance #53, 2003 - Code Amendment - Accessory Dwelling Unit & Carriage Houses 11/10 d) Ordinance #54,2003 - Code Amendment - Transferable Density Rights P.H. 11/10 . VIII) Public Hearings a) Ordinance #5, 2003 - Code Amendments - Infill b) Ordinance #22,2003 - Little Ajax Annexation c) Ordinance #21,2003 - Little Ajax Subdivision/PUD d) Ordinance #45, 2003 - Aspen Highland Village PUD Amendment (Sign Master Plan) e) Ordinance #46,2003 - Aspen Electric Subdivision Rezoning Lot 2 f) Ordinance #47, 2003 - Surcharge on Municipal Court Violations g) Ordinance #48, 2003 - Chart House Lot Split & GMQS Exemption h) Ordinance #49, 2003 - Adopting Updated Model Traffic Code i) Ordinance #50, 2003 - General Obligation Refunding Bonds IX) Action Items a) Resolution #97, 2003 - Contract - Cemetery Lane Part II b) Resolution #91,2003 - Withdraw Ballot Question Puppy Smith Property X) Adjournment Next Regular Meeting October 27,2003 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. RE: V'\l~P209 Mcf-l'C/~\ +-0 AppilOiJe. Bc#, (~u e.sfs \[ AL ' ' THRU: Julie Ann Woods, Community Development Director C}v~ l 0 ~ _5 Fell/oed! FROM: James Lindt, Planner-:::rL I MoholA..f-c, A-~rOVe. ~ lA_S:+- W ~p/l't- V IJ 219 E. Durant Avenue (Chart House) Subdivision Exemption Lot Split and U ~I GMQS Exemption- 2nd Reading of Ordinance No.48, Series of 2003- -/ - PUBLIC HEARING . t+lt--ellv<qh'vl2 &J Ay;fYt,()e& . ...." , ',.... MEMORANDUM TO: Mayor and City Council DATE: October 14,2003 ApPLICANT: Balderson/Cabell, LLC REPRESENT A TIVE: Stan Clauson Associates, LLC LOCATION: 219 E. Durant Avenue ZONING: L/TR (Lodge/Tourist Residential) CURRENT LOT SIZE: 12,000 Square Feet (11,979 SF as calculated by Surveyor) PROPOSED PARCEL SIZES: Lot I (Shown as A on Subdivision Plat)= 6,000 SF Lot 2(Shown as B on Subdivision Plat)= 6,000 SF CURRENT LAND USE: Restaurant PROPOSED LAND USE: Proposed Lot I-Duplex Proposed Lot 2- Single-Family Residence SUMMARY: The Applicant is requesting a Subdivision Exemption Lot Split and a GMQS exemption to split a 12,000 square foot property into two 6,000 square foot lots. Photo Above: Area proposed as Lot 2 of the Chart House Lot Split. - I - .......... ,'"' P210 REVIEW PROCEDURE: Pursuant to Section 26.480.040 (Procedures For Review), a development application for a subdivision exemption approval shall be reviewed pursuant to the procedures and standards in this Chapter and the Common Development Review Procedures set forth in Chapter 26.304. Exempt Subdivisions require a public hearing before City Council with its associated public notice. The Applicant shall respond to the subdivision exemption lot split review standards pursuant to Section 26.480.050. City Council may approve, approve with conditions, or disapprove an application for a subdivision exemption lot split and GMQS exemptions for a lot split via an ordinance. STAFF COMMENTS: The Applicant, Balderson/Cabell, LLC, represented by Stan Clauson Associates, LLC, requests a Subdivision Exemption Lot Split to divide the parcel located at 219 E. Durant A venue into two (2) separate parcels for the construction of a single-family residence and a duplex. The property to be divided is located in the L/TR (Lodge/Tourist Residential) Zone District and contains about 12,000 square feet. In reviewing the application, a question arose as to whether the parcel legally contains the 12,000 square feet needed to execute a lot split in the L/TR Zone District. The survey that the Applicant has submitted shows that the Surveyor calculated the lot area as 11,979 square feet. However, the Applicant is arguing that the property was intended to be 12,000 square feet because it is comprised of four (4) lots in the Eames Addition. And according to the 1959 Official Map of the City and Townsite of Aspen, the lots were supposed to be 3,000 square feet each. Thus, the Applicant is further arguing that in 1959 the property should have been 12,000 square feet and there have been no recorded actions since 1959 that should have altered the size of the property. Therefore, the proposed lots to be created through the lot split would be in conformance with the minimum lot size in the L/TR Zone District, which is 6,000 square feet. Staff has reviewed the Applicant's argument with the City Attorney's Office and it is felt that the Applicant's argument is legally appropriate. With the exception of the previously mentioned lot size issue that appears to be resolved, the proposed request appears to meet the remainder of the lot split review standards that are set forth in Land Use Code Section 26.430.080(A)(2), Lot Splits. On each of the two (2) newly created lots, the Applicant could at most construct a single-family residence and a duplex (and Accessory Dwelling Units if desired) pursuant to the L/TR Zone District requirements. The proposal would also remove setback non-conformities and a right-of-way encroachment when the lot split is redeveloped and the existing building is demolished. In addition, the subject property has not been subject to a previous subdivision exemption as is required by the Land Use Code. However, staff does not feel that the proposal to demolish a commercial structure and replace it with a single-family residence and a duplex is consistent with the Aspen Area Community Plan's goal of stemming the loss of commercial and office space within the City to other uses. Furthermore, staff does not believe that the proposal is consistent with the intent statement of the AACP's Economic Sustainability Section that calls for the City to "maintain a healthy, vibrant and diversified year-round economy that supports the 2 - , ....... P211 Aspen area community" and "maintain and enhance existing businesses and cultural amenities" because the proposal is removing the commerciaVtourist oriented use from the site and replacing it with several free-market, residential dwellings. Yet, the lot split review standards that are set forth in Section 26.480.030 of the Land Use Code do not include required compliance with the AACP. GMQS EXEMPTIONS: The first reading memo that was drafted by staff indicated that staff felt that the proposed lot split qualified under the Growth Management Quota System for an exemption for a lot split. However, since first reading of the proposed ordinance, staff has discovered an issue with the proposed GMQS exemption request associated with this lot split application. Staff has been made aware that the property on which the Chart House is located is not completely within the original Aspen Townsite according to the Aspen Incorporation plat that is attached as Exhibit "D". The code language (attached as Exhibit "E") that is set forth in Land Use Code Section 26.470.070(1), GMQS Exemption for a Lot Split requires that the lot be located within the original mapped Aspen Townsite to qualify for such an exemption. Moreover, the definitions section of the Land Use Code defines the Original Aspen Townsite as being the land depicted on the City of Aspen incorporation plat of record, dated 1880. The above-referenced definition of the "Original Townsite" was added to the land use code in 2000 pursuant to City Council Ordinance No.5, Series of 2000. The defin,ition was added to be consistent with a land use code interpretation (attached as Exhibit "F") discussing lot split applications outside of the Original Townsite that was approved by the Community Development Director. Therefore, because the Chart House property is located outside ofthe Original Aspen Townsite as is established on the 1880 incorporation plat, staff finds that the proposed lot split is not eligible for a GMQS exemption in the manner proposed. CONDITIONS OF APPROVAL: If City Council is inclined to approve the proposed lot split, staff has proposed several conditions of approval in the proposed ordinance that we believe are important based on referral agency requests. Currently, a commercial building that "was constructed in the 1960's exists on the site. The existing building spans over the proposed lot line as well as into the public right- of-way. The review standards for a lot split allow for the existing building to remain as long as any redevelopment on the newly created lots meet the zoning requirements. Due to the fact that the applicant does not wish to demolish the existing structure prior to lot split approval, staff has proposed a condition of approval that requires that when the property is redeveloped, the newly developed stmctures will have to meet the L/TR Zone District requirements. Additionally, staff has proposed a condition of approval that requires that an easement be granted on the Subdivision Exemption Plat to allow for the existing building to continue to straddle the new lot line until the existing stmcture is demolished. A plat note will be required to make clear that this easement shall function only as long as the existing structure remains. Additionally, the Planning Staff and the City Attorney's office believe that the proposal, if approved, would not vest a specific use or an allowable FAR because the proposed lot split 3 ,.... - P212 does not propose a site-specific development plan. This is of concern because the infill code amendments, which Council is currently reviewing, originally proposed to eliminate the single-family and duplex residential uses from the L/TR Zone District in which the property is located. Therefore, staff believes that it is necessary to make it clear in the proposed ordinance that approval of this lot split will not vest either an allowable FAR or use on the parcels to be created through the lot split. Thus, staff has included language to this affect in Section 2 of the proposed ordinance. Moreover, because the proposed lot split does not vest an FAR, staff has included a condition (Condition No.1) that requires the Applicant to remove the current allowable FAR for the properties from the subdivision exemption plat before it is recorded. RECOMMENDATION: Staff does not feel that the proposed development qualifies for a GMQS exemption for a lot split because the fathering parcel is not within the original mapped Aspen Townsite as is defined in the land use code. However, staff does believe that the lot split request in itself meets all of the Lot Split review standards and that City Council could legally approve the lot split without first granting Growth Management allocations for development on the proposed lots. Therefore, staff would recommend that City Council first deny the recommended motion below, thereby denying the proposed ordinance. Second, staff would recommend that City Council then approve a revised ordinance (also attached as the "Alternative Ordinance" and represented by the "Alternative Motion" below) that approves the lot split, but not the GMQS exemption request. RECOMMENDED MOTION: (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "1 move to approve Ordinance No. 48, Series 2003, approving a Subdivision Exemptionfor a Lot Split and GMQS Exemption for a Lot Split to create Lot I and Lot 2 of the property to be known and dedicated as the Chart House Lot Split located at 219 E. Durant Avenue, City of Aspen, Pitkin County, Colorado with the conditions set forth in the ordinance." ALTERNATIVE MOTION: (RECOMMENDED FOR APPRO V AL BY STAFF) "1 move to approve the alternative Ordinance No. 48, Series of2003, approving a Subdivision Exemption for a Lot Split to create Lot I and Lot 2 of the property to be known and dedicated as the Chart House Lot Split, but denying the requested GMQS Exemption for a lot split finding that the fathering parcel is located outside of the Original Mapped Aspen Townsite as established on the 1880 incorporation plat of Aspen." CITY MANAGER'S COMMENTS: 4 ,....,.'.' ''''....,.....' P213 ATTACHMENTS: EXHIBIT A -- REVIEW CRITERIA & STAFF FINDINGS EXHIBIT B -- REFERRAL COMMENTS EXHIBIT C -- VICINITY MAP EXHIBIT D -- ORIGINAL INCORPORATION PLAT OF THE TOWN OF ASPEN EXHIBIT E -- GMQS EXEMPTION LANGUAGE AND DEFINITION OF "ORIGINAL TOWNSITE" EXHIBIT F -- CODE INTERPRETATION REGARDING LOT SPLITS OUTSIDE OF ORIGINAL TOWNSITE 5 ........ """'" P214 ORDINANCE No. 48 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION LOT SPLIT AND A GMQS EXEMPTION FOR A LOT SPLIT FOR LOTS 1 AND 2 OF THE PROPERTY TO BE KNOWN ANDDEDICA TED AS THE CHART HOUSE LOT SPLIT LOCATED AT 219 EAST DURANT AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-131-06-002 WHEREAS, the Community Development Department received an application from Balderson/Cabell, LLC, represented by Stan Clauson Associates LLC, requesting approval of a Subdivision Exemption Lot Split and a GMQS exemption for a lot split of the property to be known as Lot I and Lot 2 of the Chart House Lot Split, located at 219 E. Durant Avenue, City of Aspen, Pitkin County; and, WHEREAS, pursuant to Land Use Code Section 26.480.040(B), the Aspen City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or disapprove a development application for a Subdivision Exemption Lot Split, after considering a recommendation by the Community Development Department; and, WHEREAS, pursuant to Land Use Code Section 26.470.070(1), the Aspen City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or disapprove a GMQS exemption for a lot split, after considering a recommendation by the Community Development Department; and, WHEREAS, the Community Development Department reviewed the application for a Subdivision Exemption Lot Split for the property to be described as Lots I and 2 of the Chart HOLlse Lot Split located at 219 E. Durant Avenue (Lots 6, 7, 8, and 9, of the Eames Addition to the City and Townsite), City of Aspen, Pitkin County, Colorado and made findings that the application meets the review standards that are set forth in Land Use Code Section 26.480.030(A)(2), but finds that the application does not meet the review standards for a GMQS exemption for a lot split pursuant to Land use Code Section 26.470.070(1); and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, the City Engineering Department, and the City Parks Department have reviewed the application and provided referral comments; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has talcen and considered public comment at a public hearing; and, WHEREAS, the City Council fillds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: I""'" ........ P215 Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Subdivision Exemption Lot Split and a GMQS exemption for a lot split for the property to be known and described as Lots I and 2 of the Chart House Lot Split located at 219 E. Durant Avenue, City of Aspen, Pitkin County, is approved with the following conditions: I, The Applicant shall submit and record a subdivision exemption plat that meets the terms of Chapter 26.480, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder no later than 180 days after approval of this ordinance. In addition, the proposed Lot Split Plat shall clearly label the proposed lot line that separates Lot 1 from Lot 2 and show all easements of record. The Lot Split Plat to be recorded shal1 not include the allowable FAR because this Lot Split Approval does not vest an allowable FAR pursuant to Section 2 below. 2. The Applicant shall submit and record a subdivision exemption agreement that meets the terms of Chapter 26.480.030, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder no later than 180 days after approval of this ordinance. 3. The lot split plat shall exhibit two lots in conformance with the L/TR Zone . District regulations and shall include the following plat notes: a. The existing structure need not be demolished to accommodate the newly created lot boundaries and the encroachments into the setbacks and right-of-way, and may continue to exist for the life of the original stmcture only. Upon redevelopment, all structures on these two (2) lots shall comply with the L/TR Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision exemption plat shall grant an easement to allow for the existing structure to be maintained across the new lot line and shall function for the life of tile existing structure only. Upon redevelopment, the encroachments into the public right-of-way must also be removed. 4. Both lots shall comply with the applicable development regulations prior to applying for building permits, including those regulations related to Residential Design Standards, Accessory Dwelling Units, and the Growth Management Quota System. 5. The Applicant shall obtain a tree removal permit prior to removing any trees from the site for which a tree removal permit is required pursuant to Chapter 13.20 of the City of Aspen Municipal Code. Any tree to remain on-site during the development of Lots I and 2 shall have its drip line fenced off prior to, and throughout construction. Tree Removal Mitigation may be required for removal of trees pursuant to Municipal Code Chapter 13.20. ""'" /'", P216 6. The Applicant shall install a fire sprinkler system that meets the requirements of the Fire Marshal in any of the proposed structures that exceed 5,000 square feet in size. 7. The Applicant shall comply with the Aspen Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The Applicant shall provide s'ewer service to Lots. I and 2 by either pumping the services to the existing sewer line in Dean Street or install a main sewer line and manholes in the Durant Avenue Right-of-Way. 8. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Upon redevelopment of the new lots, the applicant shall abandon the existing water service line prior to receiving new water taps. Section 2: Approval of the Lot Split described herein solely splits the fathering parcel into two (2) conforming lots and does not vest a site-specific development plan. Therefore, the approval granted herein does not exempt or vest the uses or dimensional requirements of the lots created herein from zoning changes to the underlying zone district. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and tile same shall be complied with as iffully set forth herein, unless amended by an authorized entity. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. - ......, P217 Section 6: A public hearing was held on the 14th day of October at 5:00 PM in City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 8th day of September, 2003. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this 14th day of October, 2003. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney " '"~~' AJt--evv\uhU-L OV'cL'V\~vlce/i P21B ORDINANCE No. 48 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION LOT SPLIT FOR LOTS 1 AND 2 OF THE PROPERTY TO BE KNOWN AND DEDICATED AS THE CHART HOUSE LOT SPLIT, AND DENYING A LOT SPLIT GMQS EXEMPTION REQUEST ON THE PROPERTY LOCATED AT 219 EAST DURANT AVENUE, CITY OF ASPEN, PiTKIN COUNTY, COLORADO. Parcel ID: 2735-131-06-002 WHEREAS, the Commtmity Development Department received an application from Balderson/Cabell, LLC, represented by Stan Clauson Associates LLC, requesting approval of a Subdivision Exemption Lot Split and a GMQS exemption for a lot split of the property to be known as Lot I and Lot 2 of the Chart House Lot Split, located. at 219 E. Durant Avenue, City of Aspen, Pitkin County; and, WHEREAS, pursuant to Land Use Code Section 26.480.040(B), the Aspen City Council, in accordance witl1 the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or disapprove a development application for a Subdivision Exemption Lot Split, after considering a recommendation by the Commtmity Development Department; and, WHEREAS, pursuant to Land Use Code Section 26.470.070(1), the Aspen City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or disapprove a GMQS exemption for a lot split, after considering a recommendation by the Community Development Department; and, WHEREAS, the Community Development Department reviewed the application for a Subdivision Exemption Lot Split for the property to be described as Lots I and 2 of the Chart House Lot Split located at 219 E. Durant Avenue (Lots 6, 7, 8, and 9, of the Eames Addition to the City and Townsite), City of Aspen, Pitldn County, Colorado and made findings that the application meets the review standards for approving a lot split that are set forth in Land Use Code Section 26.480.030(A)(2), but finds that the application does not meet the review standards for a GMQS exemption for a lot split pursuant to Land use Code Section 26.470.070(1); and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, the City Engineering Department, and the City Parks Department have reviewed the application and provided referral comments; and, WHEREAS, the Aspen City COlmcil has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council fmds that the development proposal meets or exceeds the applicable review standards for approving a Subdivision Exemption for a Lot Split, with conditions; and, WHEREAS, the City Council finds that the development proposal does not qualifY for a GMQS exemption for a lot split pursuant to Land Use Code Section 26.470.070(1) because the - ""'" P219 fathering parcel is located outside of Original Mapped Townsite of Aspen as was established on the 1880 incorporation plat of Aspen; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to Jhe procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Subdivision Exemption Lot Split for the property to be known and described as Lots I and 2 of the Chart House Lot Split located at 219 E. Durant Avenue, City of Aspen, Pitkin County, is approved with the following conditions: I. The Applicant shall submit and record a subdivision exemption plat that meets the terms of Chapter 26.480, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder no later than 180 days after approval of this ordinance. In addition, the proposed Lot Split Plat shall clearly label the proposed lot line that separates Lot I from Lot 2 and show all easements of record. A plat note shall also be included on the subdivision exemption plat that states that a building permit shall not be issued on Lot 2 until a GMQS allotment is obtained to develop on said lot. The Lot Split Plat to be recorded shall not include the allowable FAR because this Lot Split Approval does not vest an allowable FAR pursuant to Section 2 below. 2. The Applicant shall submit and record a subdivision exemption agreement that meets the terms of Chapter 26.480.030, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder no later than 180 days after approval of this ordinance. 3. The lot split plat shall exhibit two lots in conformance with the L/TR Zone District regulations and shall include the following plat notes: a. The existing structure need not be demolished to accommodate the newly created lot bOlmdaries and the encroachments into the setbacks and right-of-way, and may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the L/TR Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision .}- exemption plat shall grant an easement to allow for the existing stmcture to be maintained across the new lot line and shall nmction for the life of the existing structure only. Upon redevelopment, the encroachments into the public right-of-way must also be removed. -.. ".... P220 J 4. Both lots shall comply with the applicable development regulations prior to applying for building permits, including those regulations related to Residential Design Standards, Accessory Dwelling Units, and the Growth Management Quota System. 5. The Applicant shall obtain a tree removal permit prior to removing any trees from the site for which a tree removal permit is required pursuant to Chapter 13.20 of the City of Aspen Municipal Code. Any tree to remain on-site during the development of Lots I and 2 sh&ll have its drip line fenced off prior to, and throughout construction. Tree Removal Mitigation may be required for removal of trees pursuant to Municipal Code Chapter 13.20. 6. The Applicant shall install a fIre sprinkler system that meets the requirements of the Fire Marshal in any of the proposed structures that exceed 5,000 square feet in size. 7. The Applicant shall comply with the Aspen Sanitation District's mles and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The Applicant shall provide sewer service to Lots I and 2 by either pumping the services to the existing sewer line in Dean Street or install a main sewer line and manholes in the Durant A venue Right -of- Way. 8. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Upon redevelopment of the new lots, the applicant shall abandon the existing water service line prior to receiving new water taps. Section 2: Approval of the Lot Split described herein solely splits the fathering parcel into two (2) conforming lots and does not vest a site-specific development plan. Therefore, the approval granted herein does not exempt or vest the uses or dimensional requirements of the lots created herein from zoning changes to the underlying zone district. Moreover, City Council hereby denies the GMQS exemption request for a lot split pursuant to Land Use Code Section 26.470.070(1), finding that the fathering parcel is located outside of Original Mapped Townsite of Aspen as was established on the 1880 incorporation plat of Aspen. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development &Pprovals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. ;"'" .......... j P221 Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: A public hearing was held on the 14th day of October at 5 :00 PM in City COlillcil Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 8th day of September, 2003. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this 14th day of October, 2003. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney ......... ...., P222 / EXHIBIT A SUBDIVISION EXEMPTION LOT SPLIT REVIEW CRITERIA & STAFF FINDINGS The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following criteria 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. Staff Finding The property subject to the proposed Lot Split is not located in a subdivision. The subject property is located within the Eames Addition to the townsite of Aspen. Staff finds this criterion t~ be met. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.470.070(B). Staff Finding There will be no more than two lots created by this lot split, Lots I and 2 of the Chart House Lot Split. As was detailed in the staff memo, there is a question as to the accepted lot size of the parcel. The SurveYClr certified a lot size of 11,979 square feet, but the Applicant has made an argument that the property is intended to contain 12,000 square feet. That being said, the Planning Staff and the City Attorney's Office believe that the Applicant can legally split the lot. To obtain GMQS exemptions to develop each of the lots with a single-family residence and a duplex, the applicant has consented to providing an ADU on each of the lots to be created. Additionally, staff has required as a condition of approval that the Applicant provide an ADU of at least 600 net livable square feet on the lot that is proposed to contain a duplex. However, staff does not believe that the proposed lot split meets review criteria for a GMQS exemption for a lot split (see Exhibit "A" for findings regarding GMQS exemption request on page 9). Staff finds this criterion to be met. c. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter Or a "lot split" exemption pursuant to Section 26.470.040 (C)(I)(a). 6 .~ - P223 Staff Finding Staff finds that the subject lot has not previously been granted a subdivision exemption or a lot split. Staff finds this criterion to be met. d. A subdivision plat which meets the terms of this Chapter, and conforms to the requirements of this Title, is submitted and recorded in the office of the Pitkin County Clerk and Recorder 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 Chapter and growth management allocation pursuant to Chapter 26.470. Staff Finding No further subdivision will be granted for Lots I and 2 and no additional uriits will be built without receipt of applicable approvals pursuant to this Chapter and growth management allocations pursuant to Chapter 26.470. The required subdivision plat with a note allowing no further subdivision of the newly created lots, as approved by City Council will be submitted by the applicant and recorded in the office of the Pitkin County Clerk and Recorder. A condition shall be added to the plat stating that a building permit will not be issued on the second lot until a GMQS allotment has been received. With this condition, staff believes this criterion is met. e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward an extension request 'to the Planning and Zoning Commission. Staff Finding The applicant shall record the required subdivision exemption plat and agreement within one hlmdred and eighty (180) days of approval by the City Council if approved. Staff finds this criterion to be met. f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding Currently, a stmcture exists on the proposed property line. Staff has proposed a condition of approval that requires any new development on the lots meet all of the L/TR Zone District requirements. Staff finds this criterion to be met. 7 P224 I'" '-.'" ,....", g. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single- family home. Staff Finding The Applicant is proposing only three (3) residential units that count towards density (ADUs do not count towards density) on the two (2) lots to be created as a result of the proposed lot split. Staff fmds this criterion to be met. 8 I"'" ~ " --' P225 EXHIBIT A GMQS EXEMPTION FORA LOT SPLIT REVIEW CRITERIA & STAFF FINDINGS City Council may. approve a GMQS exemption for the development of one detached residential dwelling on a vacant lot within the original mapped Aspen Townsite, formed by a lot split granted subsequent to November 14, 1977, pursuant to section 26.480.030(A)(2). The existing original lot does not need to be developed in order to be eligible for this exemption. Once split, the development or redevelopment, as applicable, of the resulting lots shall be subject to the provisions of section 26.470.070(B). This exemption is deducted from the respective annual development allotment established pursuant to section 26.470.040 or from the Aspen Metro Area development ceilings established pursuant to section 26.470.030. Staff Finding: The code language that is set forth in Land Use Code Section 26.470.070(1), GMQS Exemption for a Lot Split requires that the lot be located within the original mapped Aspen Townsite to qualifY for an exemption. Moreover, the definitions section of the Land Use Code defines the Original Aspen Townsite as being the land depicted on the City of Aspen incorporation plat of record, dated 1880. As can be seen on the incorporation plat of the City of Aspen (attached as Exhibit "E"), the Chart house property is located outside the original mapped Aspen Townsite. Therefore, staff does not find this criterion to be met. 9 -. MEMORANDUM _Extl\' kJ;f- ''{3/( P226 To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Caseload Coordinator Date: August 13, 2003 Re: 8/13/03 DRC Minutes: Chart House Lot Split Attendees: James Lindt, Community Development Department Nick Adeh, Engineering Department Stephen Kanipe, Building Department John Niewoehner, Community Development Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Brian Flynn, Parks Department Ed Van Walraven, Fire Department Stan Clauson, Planner for Applicant At the August 13, 2003 meeting, the Development Review Committee reviewed the following project: Chart House Lot Split: Currently the applicant is seeking approval from the City to perform a lot split on the property currently occupied by the Chart House. The proposed lot split will create a two lots - " one lot sufficient for a duplex residence and one lot for a single family residence. One issue regarding the lot split is that a 12000 sf area is needed per Cod e. However, the actual area of the lot is 11979 sf DRC COMMENTS 1. Enqineerinq Department: . Nick stated that the lot size issue was a legal question that should be directed to the City Attorney. 2. Community Development! Zoninq . With regard to the lot size issue, James recommended that the Applicant provide the City Attorney with a letter asking for an interpretation of the City Code pertaining to lot area requirements. . Demolition of the Chart House does not have to precede the lot split. The recorded lot split plat can show an easement for the existing building over the lot line. 3. Parks Department . On the Durant Street side of the existing lot there are several large trees and a grade difference between the Chart House building and Durant Street. The trees and grade prevent the installation of sidewalk across the property. At some point the Parks Department will need to make a determination regarding the health and value of the trees. If the trees can be removed, then the sidewalk can be installed and along with new street-scape. . Unless the Durant Street trees are to be removed, the trees will need to be protected during demolition and construction. 7. City Water Department: '""" Page 2 of 2 ....., August 13, 2003 Chart House Lot Split DRC . As part of the demolition permit, the existing water service will need to be abandoned in compliance with Water Department standards. B. Aspen Consolidated Sanitation District; . There is no sewer in front of the Chart House on Durant Street. The existing building is served by a 4-inch cast iron line that drains to the sewer on South Aspen St. There are two possibilities for serving the proposed lots. Option 1 is to pump to the sewer on Dean Street. Option 2 is to install main sewer line and manholes in Durant Street. 9. Ccommunitv Development Enqineer: . Driveway curb cuts cannot exceed 18 feet in width. 10 R CIChartHo use-Subdiv P227 l"I>"~- ~ "<......" ~ .' ~ lJ,.:l z r:./) ~ ~- ---===---=-- c ,- ., ".-t' i FI [LV NOTES o''l'H,10YVN.orASPEN . '. I B":l,"...~;cr""""1\O\ "h~~ \J..!Cy,,,,rw~~,,,\~,,, ~ ~''<~~ '11~",,;~ 'i' ""'" \~ ..w.I-~J J\.WI.~ \T"~,(1.."I.J:' J'fS$ \0\ N ('....'\~ \,!V'.,L... ~~~l.(- ~....t....~ ~o ~::.~ w.,v '\ iM\LI-<v'Y\<,\-- t...l., .j(. '6S. W. ~"""'I.~OE: 1\r.~U-~ " 'lJ0/""~.... <J,... ~. ~. AJ '-"""LV'}\'> ,--- -"'^^""\?-hWc""o.........'.' '....0 i~~JY, \'0' >\..'t'f u....1. W\~~t, \',v..v......~J \f:\-k,"-LU>.\o.,y~~ r'IIS' w "';.'i'~ \.oc:.J""'(1 W~.N 310~ ib-0.; ~ <-1- tv s.w..\u. ~ ;fr. \~' \1/ :0 ) , , If'''' 1C~\l.D.I u.-jW<.,..~ I~ ~w.u !;<I . J<; ~~. f{ .~ $,",;,-.1. "I' ,-",\, l-wM Os %~ oy{ " Ij~o( 11~ \Vw.i<. ......J-{'~ r- li'l'...-k. R...,."J'..IY."".,\s' y{'>I~~0'W3\oop.v- If, I 'kc-~~ o-.~~r.a..kt~'r t I'~.. ~-gb~EI"~Fl>C'.o-v'Yu';1 ~ I ,.\.-0., S.lo' ~..,\1t6 ~'1o ::...v"1'\.oB r~ ..c-:, 11.1<,\'0' t: 3"0\,* i,,-r!.o-,J'tuCj ~S ;1 ''If",l/' I ' E L~D. 6~ i.z,~ 'J;tA \ ~~6 . II~d~.'VYoV~ ! ~."-. ~.Mo:.............- ~I. ~ O{)~, , il "---~. ~ ~ 100'{W ! '\'\..". < " 1;-"" :j "'~~ '1 ,"01\" 'I' ~'.)'-<.4ou."SC"" , Ldt,-.sOXIOO ~ I ry j ~~ ; '. "- r I " ~- '-:,..... I ~.-~ I __-- i , , , i PLAT OF' T/I S- '"TOY'.' N 0F I\S PEN SCo,\e. ) \'f\.<:.kc::-IOOlJ fT, / c.ar.Jy !'f'( 01'!..v..... ~~.~.S, \ ~S\.WI s~~~~~ ! A y/ DVI';lln<\\ S\4'Ve.'1 v')}-\ 1'1'''-,-\'1'e...,. C.r;:; 't,~"'6\V Ii S'i~~y Cl;,O:'''-1'''D--.J , . ~;., &.. ~~'~. ~t-' - __ " r~ ]TI ~/ II ~' II I', Ilr /Ii II " i , I I I , ; I i i " I"""'- --€x~;Io, P230 26.104.100 assurances for physical improvements, timing of improvements, acceptance procedures for im- provements, and non-compliance provisions, and any other requirements of the land. use approval. Sub grade Area. An area below the natural or finished grade of the ground. (See, Supplemen- tal Regulations - Section 26.575.020(A), Floor Area). Tattoo parlor. A business establishment principally engaged in the business of creating in- delible marks or figures fixed upon the human body by insertion of pigment under the skin. Temporary use or structure. A use or structure that mayor may not be permitted in a given zone district, but which may be allowed on a non-permanent and temporary basis upon review. (See, Chapter 26.450, Temporary Uses.) Timeshare development or unit. A development, building or dwelling unit the title to which is, or is to be, divided either into interval estates or time-span estates as defined at Section 38-33- 110, C.R.S., as may be amended from time to time. Time share use. A contractual or membership right of occupancy (which cannot be terminated at the will of the owner) for life, or for a term of years, to the recurrent and exclusive use or occu- pancy of a dwelling unit on some periodic basis for a set period of time that has been allotted from use or occupancy periods into which the dwelling unit has been divided. Top of slope. A line generally running parallel to a stream or river from which development must be setback and which delineates the bank of the river or stream or other riparian area as de- termined by the City Engineer. Townsite or Original Aspen Townsite. Land depicted on the City of Aspen incorporation plat of record, dated 1880. Parcels of land lying partially within this area shall not be considered within the Original Townsite. Trail. A marked or dedicated path or way for pedestrian and/or non-motorized traffic. , Trash Compactor. A mechanical device intended to minimize volume and store domestic re- fuse meeting the requirements of Municipal Code Chapter 12.04 - Solid Waste. Use. The purpose or activity for which a lot, other area of land, or a building is designated, ar- ranged, intended, occupied or maintained. Utility/trash service area. An area approved or designated for the placement of garbage or trash containers, or mechanical equipment, accessory to a principal structure or use. (See, Supple- mentary Regulations - Section 26.575.060, UtilitylTrash Service Areas.) Vested property right. The right to undertake and complete the development and use of prop- erty under the terms and conditions of a site specific development plan. (Aspen 2102) 462 ":'. '. '"\\E 'I and pUI1 me Co in~ CH all a~ cc ct, A s. I 'f' , i II I, .1' Ii I! , :! ,! I I :i , , J ., """- . ......... 26.470.070 a. it serves an essential public purpose, provides facilities in response to the demands f growth, is not itself a significant growth generator, is available for use by the general public, ~d serves the needs of the city. 2. An applicant for an exemption pursuant to this section shall be required to demonstrate to the sat- isfaction of the City Council: a. That the impacts of the essential public facility "vill be mitigated, including those associated with: i. the generation of additional employees, the demand for parking, road and transit ser- vices, and ii. the need forbasic services including but not limited to water supply, sewage treatmen~ drainage control, fIre and police protection, and solid waste disposal. It shall also be demon- strated that: iii.' the proposed development has a negligible adverse impact on the city's air, water, land and energy resources, and is visually compatible with surrounding areas. 3. Notwithstanding the criteria as set forth in subsections (I) and (2), above, the City Council may determine upon application that development associated with a nonprofIt entity qualifies as an essen- tial public facility and may exempt such development from the growth management competition and scoring procedures and from such miti ation re uirement s it deems a ro riate and warranted. 1. Lot split. The development of one detached residential dwelling on a vacant lot within the original mapped Aspen Townsite, formed by a lot split granted subsequent to November 14, 1977, pursuant to sec- tion 26.480.030(A)(2). The existing original lot does not need to be developed in order to be eligible for this exemption. Once split, the development or redevelopment, as applicable, of the resulting lots shall be sub- ject to the provisions of section 26.470.070(B). This exemption is deducted from the respective annual de- velopment allotment established pursuant to section 26.470.040 or from the Aspen Metro Area develop- ment ceilings established pursuant to section 26.470.030. Review is by City Council. J. Affordable housing. All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shall be exempt from the competition and scoring procedures. The review of any request for exemption of housing pursuant to this section shall include: I. A determination of the city's need for affordable housing. 2. The proposed development's compliance With the Aspen Area Community Plah, housing sec- tions, and addendum of said plan. 3. The proposed location, number, typ~, size, renta1/sale mix, and price/income restrictions of the affordable housing units. (Aspen 10102) 616 ..-. - 0.xh, b/f-- \\ F I) -1/:) /:) 190[/^- Z::{) P232 .,. JURlSDICTION: ASPEN/PITKIN COUNTY co'..-, COMM1JNITY DEVELOP1YIENT DEPARTlYIENT ilt4{u;, ~,-<::J 7 '>1;; -< '!/ CODE INTERPRETATION I'O<s_. /0,.., 0, ^ - "'W1 IIr, ''-.......::. --~ c;C'. ~~':. '":'....Sc" ,II/a <:';)1 f9"f' j.../Ci..;.. Section 26.470.070(1) GMQS Exemptions - Lot Split, Section 26.480.030 (A)(2) (Subdivision- Exemption - Lot Split) City of Aspen APPLICABLE CODE SECTION: EFFECTIVE DATE: September 8, 1999 WRITTEN BY: APPROVEDllY, ~tLUJ:, Clli-is Bendon, Planner DATE: "t/ N'/~9 Sul\-IlYL;RY: This Land Use Code interpretation concludes that the Lot Split Exemption provisions of Growth yfanagement Quota System do not extend to Jots outside, or lots partially within, the Original Mapped Aspen Townsite. BACKGROUND: Stan Clauson requested an interpretation of the Land Use Code to, determine iflots that are - outside in the Original Mapped Aspen Tov.nsite qualifY for a Lot Split Exemption wider Growth Management. Sunny Vann requested an interpretation of the land Use Code to determine iflots that are partiallY within the Original Mapped Aspen Townsite qualify for a Lot Split Exemption . under Growth Management, - DISCUSSION: _ _ . The Origina! Aspen Tov.nsite is not a tem defined in the definitions section of the Land Use Code. However, language within the Subdivision Chapter, Section 26.480.020, describes an Aspen Townsite Lot as land dePicted on the Aspen incorporation plat of record, dated 1880. The Townsite and the original description of land by block and lot used in this incorporation plat is still used to describe land within the City of Aspen in reference to this 18 80 plat. In fact, areas since annexed to the City of Aspen are described as additions and referenced by the name of the annexation (i.e. Eames Addition). The Lot Split Subdi\ision Exemption provisions of the Land Use Code, Section 26.480.030(A)(2), allows lot splits contingent oil seven criteria. None of these criteria -require the fathering parcel be in the Original Townsite. .- .' . P233 The Gro\'i1h Management Exemption provisions for Lot Split parcels, Section 26.470.070(1), allows exemptions for rhe development of one detached residential dwelling on a vacant lot wirhin the orzjdnal mapped Aspen Townsite, formed by a lot splir granted subsequent to November 14, 1977 pursuant to Section 26.480.03Dr-4.}(2). These are discrete land use reviews although both of these reviews are by City Council. Approval for one land use review, however, does noi grant or even imply approval for another land use review. In other words, approval for a Lot Split Subdivision Exemption does not grant approval for a Gro\Yth Management Exemption even though Ciry Council has the authority to grant both reviews. Furthermore, approval for one type ofland use review by an authorized approving Board does not' grant or imply approval for a land use review that is not authorized to be granted by that same, or any other, Board. 1"1 other words, City Council's authorization to grant a Lot Split Subdivision Exemption approval outside of the Original TO\'iTIsite does not require them to approve a GroV/1h Management Exemption on the same lot. . The term '\vithin" is used in the Land Use Code to describe vacant lots to which City Council may grant Growth Management Exemptions - vacant lor within the Original Aspen . l"lapped Townsire. The term "V/ithin" is not a tenn defined within the Land Use Code but commonly means "encompassed by" or "in the inner part of' when used in both \'intten and spoken.English. ( Mr.. Vann raises a question regarding a Lot Split application which may have been processed erroneously. City Council approved a Subdivision Exemption for a Lot Split and a Gro\'ith Management Exemption for a new dwelling unit to be located on a newly created lot split parcel at 934 West Francis Street in December 1997. The staff memo did not conclude that the subject property was only partially \'iithin the Townsite. The memorandum and approving Ordinance did, however, state that the application met all requirements of the Land Use Code. Upon closer inspection, a portion of one of the newly created lots was not entirely in the original Townsite. The issue of the property being partially outside of the . Townsite was overlooked and Mr. Vann is correct in his assumption that the Gro\'i1h Management Exemption' was \'iTongly approved. INTERPRETATION: Based on the language reference above, I interpret the term "Original Mapped Aspen Townsite" to mean lands within the boundaries of Aspen's incorporation plat of1880, The Subdivision Exemption criteria for a Lot Split do not require the fathering parcel to be \'iithin Original Mapped Aspen Townsite. However, the Growth Management exernption provisions for Lot Split parcel only apply to vacant lots within this boundary. These are discrete reviews. Therefore, it is my interpretation of these code sections that a lot split outside of the original Townsite may be approved by the City CoUncil, however, additional residential units must be granted an allotment through the GMQS scoring and competition procedures, as there exists no exemption procedure. .' -., -- P234 . Lastly, itis my interpretation of the La.'1d Use Code that the Gro'W1h Management Exemption. provision for vacant lots within the Original Mapped Aspen Townsite created by a Lot Split Subdivision Exemption only extend to those lots wholly 'Within this boundary and not pa.'tially within the boundary. APPEAL OF DECISION Pursuant to Section 26.306 of the Land Use Code, an interpretarion of the Land Use Code made by the Director may be appealed to the Aspen City Council pursua.'1t to Section 26.316. This can be done in conjunction with a land use request before City Councilor as a separate agenda item. -'" -'Q.. (' F'<:T\M."'l'l,'U'"P "\.';';~\.~S:3 ru9J.-\~ :3' 'J ..x..~\ ?ltrO)-{ ~~ ~..;\~S S\'l\jI~1 ~O I / . ,'<C /_. ("....- ; , , , .' . - '..;; .i~; ..,'.' ~\fld ~ " '-"-.. ....., , " .' : . ~~''- , i; . ,,) ~".nOI)( 08 _'?{7J ; " "QS' Vh+,'><(\".~~ . !" ""a..;.. ~~ -r,~~ . ".' Ii .'~)::\ ~ ~~-~ ~~"II C;"'~-O D5"I.g~'\ ',1 ~"": ...."~ I. .' . ~-"it. " S~'i.i . q..~ '~,~'iJ .;j">>Q Q 011 :1 ,I.fj o.!,s Ii s~ b~/'-o-'k" ~OGc ~ ,0,\ 'X' I . -;.,. ~-i g"1L~ '1.. ~. <+--05+< .:l ,oL . ~ :~" I v' . l~"-";) 'l..yn.1l qy,1 .3 __q '-'~:;'rm;,1, ;J. "}"~1 ~ ~ ~-,)~ ~,~ OJ, I 'Jj ~OO\~MP8~'1'.)J-. . ~\'..fi'Arl::::!':::::~ -} r~F",~~lt)a~ s.., ' ~ Mo 615 ,il (NIn-1 ~y,n 6~ I'f.rtrqg" F'T' 'ri a G"l V M m>,;'O~ ~l ~'"'iM~'T'_,IT't.\.........:'1 .l('iloali'.~ jY. ,~\ '.A{'~1 ~/T) {1' "Y'L, -:J~"'i . of,~,Mo\E' W'~f(I .~#"Y\. r.-'il) yY\.}l,.q... H..s.~'>Jl! .pry"'!' If af\ oM \1'J.I' ~'1 ""~ ~ C ""'t' ......... """ J.\ ~~"~. N'''1;\1.o'\'.N'~''~''1 . ~"t"""'\~""'Y'i ~ ..." ~ "" ~ ~1lJ;:; '--'{,I~.'_<YY-1~~~\1 3 'l1'J."~A '1\\"119' ._ .... ''\{lYi..'1. '\. 0 - y - _' Y' 0_, J.t "\ r -r'\(,,,, _ ''V'() \.-1 rfY"3 ~..* ~ - ~...y';) ~(~..~ "":" 1""';) IN ,o',S,)../' 'lVv'\-'\ ->'rn~ (~........ ~''-)'I''-'' -!l. \rvvv"Yl.iI11 ij., ""-""'-in"", .t . ""~Y'-'''''M...l''''C\~p, ~v..~\I'" 1,}\.GJ\U")~,:C.,.~,G.fi' I ';. . N3dS\i.Jo}JM013H.J.,jo S31o)J Gl31:.:J '.' . ~'0-' -~ i I I, I I . I I. i I I ! i ..' . /; . I, "1 'j . , , , If "f.-, .~.. .,~ . .-----..- ~ c.-.~"'~ """~r_ . ,-v ~ cbC> f!'MS~~'S'\i+ . I --rvv-,.J " ,... j.. '.LI"'>" IV'- (;. . ^c-J c7) . ,',. , / ! . 'I . i '.' . , " ,; I I I . I ; I , I '. .': I '13 [)ool.:::.\~')'\l..\ \ -a\'()-::lS N3ctS\J.:JCf NM.01- .3IU :=JO "f(, .~ I '.J '"? , t,'t1~x:3;,,~ ~ . -,., , - ====-=.-:- -----===:---" ,.. , I - - /_., '..",tJIII' ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 219 East Durant Avenue ( Chart House ProoerM. Aspen, CO SCHEDULED PUBLIC HEARING DATE: 14 October, l00~ STATEOFCOWRADO ) )ss. County of Pitkin ) I, Stan. (FL.) Clauson (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) ofthe Aspen Land Use Code in the following marmer: / Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. /' Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days ~or to the public hearing and was continuously visible from ~y of C!:.1:lf0l"'\ 1"-&t't2--, 2003-, to and including the date and time of the public hearing. A photograph ofthe posted notice (sign) is attached hereto. ..,/ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-govermnental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ~~ - -------:-.~,~l'_..... Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment ofa new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ~S' ~ Igna The foregoing "Affidavit of Notice" was acknowledged before me this 3rd day of October ,2003., by Stan (F.L.) Clauson WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 11/21/05 Je 'fer Marie Dolecki, Notary Public Pi LIST OF THE 0' ".,- - - - -- -- - -- ? ICED SinOoth Feed Sheets ™ """" ~ PASCO PROP LLC SMITH PATRICK A POBOX 688 BLOOMFIELD HILLS, MI 48303 PRITCHARD BARBARA M 50% 333 E 75TH NEW YORK, NY 10021 ROBLES ENRIQUE ALVAREZ ALVAREZ CRISTINA SIERRA GORDA #340 LOMAS CHAPUL TEPEC MEXICO DF MEXICO, 11000 SCHROEDER C M JR SCHROEDER BETTY ANN 3629 ROCKBRIDGE RD COLUMBIA, SC 29206 SL T ASPEN DEAN STREET LLC C/O STARWOODHOTELS & RESORTS TRUST 2231 E CAMELBACK RD STE 410 PHOENIX, AZ 85016 SOUTHPOINT-SUMNER CORP 4828 FORT SUMNER DR BETHESDA, MD 20816 TAROCH HOLDINGS LTD C/O PATRICK D MCALLISTER PC 210 N MILL ST #201 ASPEN. CO 81611-1504 VANDER WALL DEAN ROBERT & BEVERLY J PO BOX 189 LONE PINE, CA 93545 WEBSTER HUNTER M PO BOX 2366 ASPEN, CO 81611 WOW LIFT ONE LLC 5863 SHASTA CR LITTLETON, CO 80t23 f!1AVERY@ Address Labels o PICARD DEBORA J 60t S MONARCH #3 ASPEN, CO 8t611 REED LYNN W 2224 VIA SEVILLE RD NW ALBUQUERQUE, NM 87104-3096 SAVANAH LP 13530 BALI WAY MARINA DEL REY, CA 90292 SHEFFER BARBARA & DOUGLAS PO BOX 250 ASPEN, CO 81612 SMITH RONA K t742 HILLSIDE RD STEVENSON. MD 21153 I SPAULDING RICHARD W & THOMPSON ELEANOR M AS JT TENANTS PO BOX 292 CONCORD, MA 01742 TOWNE PLACE OF ASPEN CONDO ASSOC INC C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 VANTONGEREN HAROLD V & LIDIA M 2000 E 12TH AVE BOX 8 DENVER, CO 80206 WOLK PAUL TRUST 4868 THE DELL LN HUME, VA 22639 WUGAL TER JOEL 3200 NORTH OCEAN BLVD #909 FT LAUDERDALE, FL 33308 Use template for 5160@ PINES LODGE DEVELOPMENT LLC 960 E DURANT AVE #7 ASPEN, CO 8161t ROARING FORK PROPERTIES 5055 26TH AVE ROCKFORD,IL 6t109 SCHAYER CHARLES M III 588 S PONTIAC WAY DENVER, CO 80224 SILVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK, PA 19046 SOUTH POINT CONDOMINIUM ASSOCIATION 205 E DURANT AVE #2F ASPEN,CO 81611 STEINER DONALD R 5536 SILVER RIDGE DR STONE MOUNTAIN, GA 30087 TYDEN FAMILY FARMS PTNP 210 N INDUSTRIAL PARK RD HASTINGS, MI 49058 WALTERS 1/5 & ROLLINS 1/5 & GORMAN 1/5 SMITH 1/5 & BONDS t/5 7350 W FAIRVIEW DR LITTLETON, CO 80t28 WOODSON TATJANA 0 POBOX125 TETON VILLAGE, WY 83025 ZALE MILTON TRUSTEE 3824 N ASHLAND AVE CHICAGO.IL 606t3 I;!c;pr Ii1';O@ Smooth Feed Sheets ™ AL YEMENI MOHAMMED & ALICE 819 LINWOOD RD MOORESVILLE, NC 28115 BENT FORK LLC C/O FESUS GEORGE POBOX 9197 ASPEN, CO 81612 BRIGHT GALEN PO BOX 1848 ASPEN, CO 81612 CHU FAMILY TRUST 2/3 INT LU NANCY C 1/3 INT 38 CORMORANT CIR NEWPORT BEACH, CA 92660 COHEN FAITH HARTMAN UNO 1/2 INT 2865 NE 24TH CT FT LAUDERDALE, FL 33305 CYS RICHARD L AND KAREN L 5301 CHAMBERLIN AVE CHEVY CHASE, MD 20815 DOLlNSEKJOHN 619 S MONARCH ST ASPEN, CO 8t611 EVANS DAVID COURTNEY PO BOX 952 ASPEN. CO 81612 FREIRICH MARK A PO BOX 774056 STEAMBOAT SPRINGS, CO 80477 GOLDSMITH ADAM 0 PO BOX 9069 ASPEN, CO 81612 ~AVERY@ Address labels I""" "- BAKER CHARLES E JR 50% 333 E 75TH NEW YORK, NY 1002t BERHORSTJERRY BERHORST CAROLE 7161 L1NDENMERE DR BLOOMFIELD HILLS, MI 48301 : I; BROWN EDWARD L PO BOX 2604 NAPERVILLE, IL 60566 CITY OF ASPEN t30 S GALENA ST ASPEN, CO 8t6t1 CRISTOL STANLEY J 2918 3RD ST BOULDER, CO 80304 DIXON R MC FARLAND 3141 HOOD ST DALLAS, TX 75219 DONCER JOYCE TRUST 7641 W t23RD PL PALOS HEIGHTS, IL 60463 FAIRHOLME INVESTMENTS L TD I, : C/O MARINI & ASSOCIATES TWO S BISCAYNE BLVD STE 3580 MIAMI, FL 33t31 GLAUBINGER LAWRENCE D & LUCIENNE POBOX 3567 HALLANDALE, FL 33008-3567 GRAHAM MAUREEN 538 VERNON HEIGHTS BLVD MARION, OH 43302 /, ,..1 Use template for 5160@ BATES NATHANIEL B TRUST PO BOX 9909 ASPEN, CO 81612 BOUNDY RICHARD R 906 W SUGNET RD MIDLAND, MI 48640 CALKINS GEORGE W 5100 E QUINCY AVE ENGLEWOOD, CO 801tO COHEN ARTHUR S IBSEN 72 MEXICO CITY MEXICO, 11560 CROW MARGERY K & PETER D 46103 HIGHWAY 6 & 24 GLENWOOD SPRINGS, CO 8160t DOLlNSEK FRANK JR 619 S MONARCH ST ASPEN, CO 8t611 DONCER JOYCE TRUSTEE FOR THE DONCER JOYCE L TRUST 7641 W t23RD PL PALOS HEIGHTS, IL 60463 FAULKNER JOHN L 2433 ROCKINGHAM ST ARLINGTON, VA 22207 GLICKMAN EDWIN C 2322 LAZY 0 RD SNOW MASS, CO 8t654 GREINER JERRY M GREINER TERESA U 140t ROSELAWN WEST ROSEVILLE, MN 55113 laser 5160@ Smooth Feed Sheets™ GROOS NICHOLAS D 2tO N INDUSTRIAL PARK RD HASTINGS, MI 49058 HILL CLAUDIA R 1/2 3910 S HILLCREST DR DENVER, CO 80237 HOTEL DURANT 122 E DURANT ASPEN, CO 8t611 J & E HANSEN LLC C/O EDWARD HANSEN 204 E DURANT AVE ASPEN, CO 8161t KLEINER JOHN P 55 SECOND ST COLORADO SPRINGS, CO 80906 LE CHARD ALLAN P LE CHARD SIDNEY ANN 1002 BUCKINGHAM RD GROSSE POINTE PARK, MI 48230 LIFT ONE CONDOMINIUM ASSOC 131 E DURANT AVE ASPEN, CO 81611 LOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD PASO ROBLES, CA 93446 MCDONALD FRANCIS B 326 MIDLAND AVE #207 ASPEN, CO 81611 MULKEY DAVID A DR TRUSTEE 2860 AUGUSTA DR LAS VEGAS. NV 89109 dAVERY@ - ....... HARTMAN CHRISTINA M UNO 1/2 INT 2865 NE 24TH CT FT LAUDERDALE, FL 33305 , HILL EUGENED III & JOAN L TRUST 3910 S HILLCREST DR DENVER, CO 80237 IMHOF FAMILY TRUST 2409 GREEN ST SAN FRANCISCO, CA 94123 KAPLAN BARBARA 3076 EDGEWOOD RD PEPPER PIKE, OH 44124 KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN, CO 81611 LEVY HELEN JOAN TRUST 42t WARWICK RD KENILWORTH, IL 60043 I , I L1MELlTE INC , 228 E COOPER ASPEN, CO 8t6t1 I' III MACDONALD KENNETH HUGH JR REV TRUST 2000 WHITTIER SAGINAW, MI 4860t MOUNTAIN CHALET ENTERPRISES INC 333 E DURANT AVE ASPEN, CO 816tt o NEAL PROPERTIES LLC 205 E DURANT AVE ASPEN, CO 8t6tt Address labels , , Use template for 5160@ HATCHER HUGH S & JENNIFER M 2806 DUMBARTON ST NW WASHINGTON, DC 20007 HORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER, CO 80224 IMREM SUE 219 E LAKE SHORE DR APT 50 CHICAGO, IL 606t 1 KING RICHARD & LAUREN 9696 CULVER BLVD STE 203 CULVER CITY, CA 90232 LACY ROANE M JR PO BOX 367 WACO, TX 76703-0367 LEWIS PERRY HEARTLAND PARTNERS 55 RAILROAD AVE GREENWICH, CT 06830 L1MELlTE INC PAAS LEROY G 228 E COOPER AVE ASPEN, CO 81611 MCCONNELL THOMAS W & KAY L 38140AKHILLS BLOOMFIELD HILLS, MI 48301 MSE ASPEN HOLDINGS L TD 1575 PONCE DE LEON FORT LAUDERDALE, FL 333t6 OCONNOR ROBERT W & CATHERINE L 5t7t9 BRITTANY COURT GRANGER, IN 46530 I ~CAr J::1.::n@ Smooth Feed Sheets™ " Use template for 5160@ - '-' ZOLLER LAWRENCE & HELEN 50.8% C/O STEPHEN ZOLLER 1032 TIA JUANA ST LAGUNA BEACH, CA 92651 '" f!lAVERY(\ll Address Labels loc.ar 1:1<:n@ I"'" "- '} '- PUBLIC NOTICE RE: CHART HOUSE (219 E. DURANT AVE.) SUBDIVISION EXEMPTION LOT SPLIT AND GMQS EXEMPTION FOR A LOT SPLIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 14, 2003 at a meeting to begin at 5 :00 p.rn. before the Aspen City Council, at the Aspen City Hall, 130 South Galena Street, Aspen, Colorado in the City Council Chambers Room, to consider an application submitted by Balderson/Cabell, LLC requesting approval of a subdivision exemption lot split and a GMQS exemption for a lot split on the property located at 219 E. Durant Avenue (Chart House property). The property is legally described as Lots 6, 7, 8, and 9, Block 3 of the Eames Addition to the City and Townsite of Aspen. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, jamesl@ci.aspen.co.us. slHeIen Kalin Klanderud, Mavor Aspen City Council Published in the Aspen Times on September 27,2003 City of Aspen Account - - ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: G , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ,200_ STATE OF COLORADO ) ) ss. County of Pitkin ) 1, ~ C1 ~ €- C, L, (Vir) ~ (name, please print) being orrepres~nting an Applicant to the City of Aspen, Colorado, hereby personally celiifY tllat 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following marmer: ~. Publication of notice: By t~e publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from ~e Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wihe and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time ofthe public hearing. A photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By tile mailing of a notice obtained from the COmk.lunity Development Department, which contains the information describedln Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days plior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or otller governmental or quasi-governmental agency tllat owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be tllose on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ,-. ......... ..... Rezoning or text amendment. Whenever tile official zoning district map is in any way to be changed or amended incidental to or as pal1 of a general revision of this Title, or whenever tile text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, alld the notice to and listing of names and addresses of owners of real property in tile area of the proposed change shall be waived. However, the proposed zoning map has' been available for public inspection in the plalming agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The foregoing "Affidavit of Notice" was acknowledged beforrle~ay of Oc;:;V ,2003, by ~ )~., I WITNESS MY HAND AND OFFICIAL SEAL CHAKf~t2~~~ AVE.) suBa- RE: LOT sPur AND GMQS EX- ~FOR . y ~ that a ~~bUC bearlnl N()1lCE IS October 14, 2003 at a wiD be hed OIl' Tuesday, . before the Aspen meeting to begin at 5:00 ~im. HaD 130 South Ga- City Council. at the ~=adoty in th~ City Council leaa Street. Aspen. Ider an application sub- ChamberS Room. to co; bell 11.C requesting ap- mitted by BaIderSOOI ~puon lot split and a rovaI of a subdMslon ~.u ..... PMQS ntloo lor a lot split on the prope.... G exeID.... t Avenue (Chart House located at 219 E. Duran legally described as property). . The propert.Y,I~ the EaIDes Addition Lots &, 7, 8, and 9, to"'CIty...!' eol...""';.J.....UOdt.. ATTA.CHMENTS: For Jurtb8r ' ~ Development De- the City 01 Aspen 5t Zpen CO (970).920- partment, 130 S... ". ' S095.I-'''',~~In"",",''''d. Moyoi IPY OF THE PUBLICATION Aspen City CoUllell . TImes on September 27, Publlsbed In The-Aspen 2003(ll82Ql . _ _~~uH OF THE POSTED NOTICE (SIGN) My commission expires: <f/;J.3/ :J.J.:>-::;' LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL c :> MARK A. FREIRICH, P.C. ATTORNEY AT LAW 928 LINCOLN AVENUE P. O. BOX 774056 STEAMBOAT SPRINGS, COLORADO 80477 TELEPHONE (970) 879-2277 FACSIMILE (970) 879-2278 October 3, 2003 Mr. James Lindt City of Aspen Community Development Dept. 130 Galena St., Aspen, CO. 81625 RE: Chart House Subdivision Exemption Dear Mr. Lindt 1 am writing this letter to express my concern with respect to the proposed subdivision exemption for the Chart House (219 E. Durant Ave.) 1 am the owner to Aztec Unit # 4 which is located immediately behind the existing Chart House structure. As you are probably aware, there are numerous mature beautiful trees which surround the Chart House restaurant. 1 would request that the developer be restrained from tearing down any ofthese trees. In addition, the size of any structures which are proposed upon this property is a concern. 1 would request that the height of any structure placed upon this property be limited to the existing height of the Chart House building. Finally, noise is a factor in this neighborhood due to the number of trucks which service the St. Regis Hotel. 1 would hope that any development which is approved takes into account the Importance of maintaining a quiet residential neighborhood. Sincerely, l.../ ~~. Mark A. Freirich .-'l ...II .-'l ...II U.S. Postal Service", RTIFIED MAILM RECEIPT mestic Mail Only; No Insurance Coverage Prov rn .-'l rn ~ I Postage $ .~f11 11m ID: 0528 Certified Fee .1. ~a, Postmark Return Reclept Fee I . ~.#' He.. (Endorsement Required) Restricted Delivery Fee CIeri<: AItXM (Endorsement Required) () Total Postage & Fees $ 4. 6.~ 09/18/03 (J) .-'l o o o o .-'l o .-'l rn ~ i~~~~~~~:~~d:k:~::~L::::::::::::::::::::::: City. State. ZtP+4 _ V1 D S I fc II $ '6 o . '" ~ . ::; ~ o 1m ~ " 8: J, m ~ ""' = = <'-.J "'" "'" a.. I.J.J en .2 15. ~ .~ :g ~ . ~ ' 0 ~tsq WO:() ODD g << ~ I!! ,. .f .. 0 11 .) 0 '0 ;; ~ f1 .; 15. .. g 0: o ~ &' g ii E o o ~ ~ Zl <t: <fl cj >< ci "1ij = 1i::;~~ ~j$i Ql ,€.S!!... .9 Ql ~ ~ ~~~~ ..; " <Ii I!' ~ -a . ~ B- E -g e ::j"(ij 8.!::~ Q E en_ "-'Q) g~ c:.9-5 . <rnOn_rn .- m c c.'!::' M~Q)5tiE "O~-oQ)tttQ) C:=-coC.o a. COQ)a:I-Q)Q) C\l-O-oE..c::O -"0 c:: ::l - ttt T"""" III tV Q).9 g. cntiQ)o.;.1J~ E"c E c:...._ ~~~B5~ Q) a: ... Q) eIl_ 1D:=5~;S~ Q.~>.1ii.c- EE'C.coc: OcP.;;:;Jg~ ():l;;:Q..tn<o . . . ~ ~.~ ~~~ ~-~ (j tr~ \J jj \J /,j $;' al I..lJ. ~\ ~ .$' (j .." ! -E- (j .:} ji/jN-:::t G !\J ,&'\J<;) ~2U) EO '" .g- ~ " - & .2- ~ ~ .i! rf) .-: g CO z C') :1j E Ji tl: N ~ ,c r'" ...." Mo.; /.eeJ +0 5+(W\ ot/\ 7/1'6/05 7003 1010 0001 4313 6161 September 17, 2003 . Stan Clauson Stan Clauson Associates, LLC 200 E. Main Street Aspen, CO 81611 ASPEN / PITKIN COMMUNITY DEVELOPMENT DEPARTMENT RE: GMQS Exemption for. Proposed Chart House Lot Split Dear Stan: I am writing this letter as a follow up to our conversation this afternoon and to summarize the City Planning Department's ("Staff") position on the growth management quota system exemption issue that has emerged in further reviewing the Chart House Lot Split application: It appears that the property on which the Chart House exists is located partially inside and partially outside the "Original Aspen Townsite" as was mapped on the 1880 incorporation map of Aspen. That being the case, Staff finds that it would-not be possible under the current land use code requirements to gain approval of a lot split exemption .from the Growth Management Quota System. Staff finds that it is not possible to gain a lot split exemption from the Growth Management Quota System on this property because the exemption language set forth in Land Use Code Section 26.470.070(1) requires that a property applying for said exemption be within the original mapped Aspen Townsite. The "Original Aspen Townsite" is defmed in Land Use Code Section 26.104.100, Definitions, as being "land depicted on. theCity of Aspen incorporation plat of record, dated 1880". The definition of "Original Aspen Townsite" further states that, "parcels of land lying partially within this area shall not be considered within the Original Townsite". Staff feels that it may be possible to split the Chart House lot based on the Subdivision Exemption language in Section 26.480.030'(A)(2), but that the residential units proposed must be granted an allotment through the GMQS scoring and competition procedures, 'as there currently exists no exemption procedure (please see the attached land use code interpretation for a previous determination on a similar matter). . Please feel free to contact me at 920-5095 if you have questions or COmments regarding this issue. . Regards; ._ (J i ~b-~<-)e;tt James Lindt, Planner City of Aspen Cc: Julie Ann Woods, Community Development Director John Worcester, City of Aspen Attorney 130 SOUTH GALENA STREET' AsPEN, COLORADO 81611-1975 . PHONE 970.920.5090 . FAX 970.920.5439 PrinledonRecycledPaper - ...... ,u, ......" --<1,t:) ,t:) 1901 v~D JURISDICTION: ASPEN/PITKIN COUNTY ca ,;;',.. COMMUNITY DKVELOPMENT DEP ARTMENT ~4t& '-,::J ./ il7l'r ~ CODE INTERPRETATION c: 0,<";.__ 7$,., 1lJ.: "'<.> ~ C-"'''';S,?i'('f;(l'O, "',o.-y ii9,or L-/(j '7 Section 26.470.070(1) GMQS Exemptions - Lot Split, Section 26.480.030 (A)(2) (Subdivision- Exemption - Lot Split) City of Aspen APPLICABLE CODE SECTION: EFFECTIVE DATE: September 8, 1999 WRITTEN BY: Chris Bendon, Planner APPROVED BY: Cft~M~ DATE: "'/ /-f~~9 SUMlYIARY: This Land Use Code interpretation concludes that the Lot Split Exemption provisions of Growth Management Quota System do not extend to lots outside, or lots partially within, the Original Mapped Aspen Townsite. ( BACKGROUND: Stan Clauson requested an interpretation of the Land Use Code to determine iflots that are outside in the Original Mapped Aspen TO'WTIsite qualifY for a Lot Split Exemption under Growth Management. Sunny Vann requested an interpretation of the land Use Code to determine iflots that are partiallv within the Original Mapped Aspen Townsite qualify for a Lot Split Exemption under Growth Management. DISCUSSION: The Original Aspen TO'WTIsite is not a term defined in the definitions section of the Land Use Code. However, language within the Subdivision Chapter, Section 26.480.020, describes an Aspen Townsite Lot as land depicted on the Aspen incorporation plat of record, dated 1880. The Townsite and the original description ofland by block and lot used in this incorporation plat is still used to describe land within the Cityof Aspen in reference to this 1880 plat. In fact, areas since annexed to the City of Aspen are described as additions and referenced by the name of the armexation (i.e. Eames Addition). The Lot Split Subdivision Exemption provisions of the Land Use Code, Section. 26.480.030(A)(2), allows lot splits contingent on seven criteria. None of these criteria require the fathering parcel be in the Original Townsite. \ ,.. '-.. The Grov.1:h Management Exemption provisions for Lot Split parcels, Section 26.470.070(1), allows exemptions for the development of one detached residential dwelling on a vacant lot within the orif(inal mapped Aspen Townsite, formed by a lot split granted subsequent to November 14, 1977 pursuant to Section 26.480. 030(A)(2). These are discrete land use reviews although both of these reviews are by City Council. Approval for one land use review, however, does not grant or even imply approval for another land use review. In other words, approval for a Lot Split Subdivision Exemption does not grant approval for a Gro'W1h Management Exemption even though City Council has the authority to grant both reviews. Furthermore, approval for one type of land use review by an authorized approving Board does not' grant or imply approval for a land use review that is not authorized to be granted by that same, or any other, Board. In other words, City Council's authorization to grant a Lot Split Subdivision Exemption approval outside of the Original Townsite does not require them to approve a Grov.1h Management Exemption on the same lot. The term "within" is used in the Land Use Code to describe vacant lots to which City Council may grant Growth Management Exemptions - vacant lot within the Original Aspen iHapped Townsite. The term "'Within" is not a term defined within the Land Use Code but commonly means "encompassed by" or "in the inner part of' when used in both written and spokenEnglish. ( tvlr. Vann raises a question r:egarding a Lot Split application which may have been processed erroneously. City Council approved a Subdivision Exemption fora Lot Split and a Gro\V1:h Management Exemption for a new dwelling unit to be located on a newly created lot split parcel at 934 West Francis Street in December 1997. The staff memo did not conclude that the subject property was only partially ",ithin the Townsite. The memorandum and approving Ordinance did, however, state that the application met all requirements of the Land Use Code. Upon closer inspection, a portion of one of the newly created lots was not entirely in the original Townsite. The issue of the property being partially outside of the Townsite was overlooked and Mr. Vann is correct in his assumption that the Growth Management Exemption was wrongly approved. INTERPRETATION: Based on the language reference above, 1 interpret the term "Original Mapped Aspen Townsite" to mean lands within the boundaries of Aspen's incorporation plat of 1880. The Subdivision Exemption criteria for a Lot Split do not require the fathering parcel to be ",ithin Original Mapped Aspen Townsite. However, the Growth Management exemption provisions for Lot Split parcel only apply to vacant lots within this boundary. These are discrete reviews. Therefore, it is my interpretation of these code sections that a lot split outside of the original Townsite may be approved by the City Council, however, additional residential units must be granted an allotment through the GMQS scoring and competition procedures, as there exists no exemption procedure. ( \ , ,"" '"..,,,, / I,:. Lastly, it is my interpretation of the Land Use Code that the Growth Management Exemption provision for vacant lots within the Original Mapped Aspen Townsite created by a Lot Split Subdivision Exemption only extend to those lots wholly within this boundary and not partially within the boundary. APPEAL OF DECISION Pursuant to Section 26.306 of the Land Use Code, an interpretation of the Land Use Code made by the Director may be appealed to the Aspen City Council pursuant to Section 26.316. This can be done in conjunction with a land use request before City Councilor as a separate agenda item. c .:) STAN CLAUSON ASSOCIATES, LLC Planning. Urban Design Landscape Architecture Transportation Studies Project Management 9 September 2003 200 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE: 970.925.2323 FAX: 970.920.1628 E-MAIL: clauson@scaplanning.com WEB: wwwscaplanning.com Mayor and City Council City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Re: Chart House Lot Split, Ordinance #48. Series of2003 Dear Mayor and Members ofthe City Council: At last night's City Council meeting, prior to consideration of Ordinance 48, Council Member Paulson characterized the proposed Chart House Lot Split as a form of "blackmail." I think this characterization was unfortunate in a number of ways and, while I did not want to take up your time at the meeting, 1 would appreciate your considering the following information about the Chart House property and the current proposal. The Chart House property is owned by two long-time locals, Herb Balderson and Joey Cavell, who as partners were responsible for the original development of the Chart House as a restaurant. The Chart House chain was purchased by Landry's, which entered into a long-term lease with Herb and Joey as the building owners. Recently, Landry's defaulted on that lease, leaving the property owners stuck with a building that was very unlikely to fmd a new restaurant tenant. In assisting the partners to find a suitable reuse for the property, our firm was certainly aware of the desire on the part of the City to provide new lodging development. In reviewing the possible reuses for the site, lodging came to the top as something that was endorsed by the comprehensive plan and recent activities such as the Economic Sustainability Committee. In fact, Herb Balderson is at the present moment searching for an appropriate development partner to advise him on the possibilities inherent in the property for a lodging development. Herb is not a developer and could not undertake this on his own. If a suitable partner is found and lodging development makes sense, then Council can certainly expect that the partnership will be submitting a reasonable application that tries to provide community benefit in the form oflodging development. In the meantime, however, the source of income that the partners relied on for their day-to- day needs is lost to them and there is need to look at other options as well. It may not prove that a lodging development represents an economically viable use of the property. Here are some facts that suggest that it may be diffICult to develop this 12,000 s.t: property as a lodge: . The City has recently approved a number of developments in the immediate area, including Dancing Bear and the Hyatt; Pu..NNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS c :> Aspen City Council 9 September 2003 Page 2 . The St. Regis intends to seek expansion for its undeveloped structure fronting on Durant Avenue; . A further lodge proposal is in review for the Tippler property; . The Hyatt has not moved forward, apparently because of financing issues; . Lodges generally are reporting weak occupancies. Taken together, these facts suggest that the lodging market may be reaching saturation in that irmnediate vicinity, if not in Aspen generally, and that financing may be very difficult to obtain. The other viable option is residential development. We are fully aware that residential development is not the preferred development for the L T /R zone. However, the particular area of concern has been residential development that displaces existing lodging units. This is not the case with the Chart House property, which has no existing lodging use. We would point out that it was not long ago that Council approved a lodging development for the Tippler property, believing that redevelopment of the site for residential was better than having an abandoned restaurant use. The same would be true for the Chart House property. We are certainly aware that an originally recommended code change would have eliminated residential development as a permitted use in the LT/R zone. However, Council was correctly concerned about the effect of creating so many non-conforming existing residential properties within the L T /R zone district. My understanding was that staff was instructed to look at an alternative proposal that would reduce the floor area allowable for residential development. Chris Bendon's most recent summary of proposed changes showed a 20% floor area reduction for residential in the L T /R zone, but not the elimination of residential. While this floor area reduction might be better than simply making all residential use non-conforming, it still does not get at the heart of the matter, which is providing specific incentives for reasonably configured lodging development. Even with these specific incentives, such as a reasonable allowable floor area and building height, the market may now be saturated with lodging development. Further, the fractional ownership form of financing may have run its course. Last week, Mayor K1anderud and 1 heard the president of the Wells Fargo Bank tell the ACRA Board that he believed that fractional ownership financing was becoming very difficult to obtain and conventional fmancing for hotel development was virtually non-existent. So, now to return to the lot split application: it is not anything but an attempt to find a viable land use alternative for a commercial property that is no longer useful in its present form. Our firm does not engage in blackmail or any form ofjeveraging in working to develop land use proposals with our clients. We look for appropriate uses that are supported by the code and recent practices. We try to meld this with good quality site c ~ Aspen City Council 9 September 2003 Page 3 design that reflects the urban fabric where a project is to be located. Nor are the owners of the property interested in anything but working with the City in an honest, straightforward, and problem-solving way. The lot split application before you is supported by the code and represents a reasonable re-use of the site. It will provide some urban design amenities currently lacking along Durant Avenue and be a good neighbor to the existing residential and lodging development in the area It is consistent with previous applications, such as the Tippler approval, that have proposed residential development where there was uncertainty about the possibility of a viable lodging use. We are sincere in what we propose, and expect to be treated as such in working with Council for the projects we bring forward. The property owners are not some high-rollers parachuting into Aspen to make a quick buck. They have long been a part of our community, and want to do something that works for all parties. 1 hope that it helps to know this. I further hope we might try to give the best and kindest characterization to one another's intentions, even when we might disagree. Very truly yours, Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES, LLC Cc: Herb and Marcy Balderson - - .~,.""", ~V'\d. MEMORANDUM Mayor and City Council Julie Ann Woods, Community Development Director 7 James Lindt, Planner ~ TO: THRU: FROM: RE: 219 E. Durant Avenue (Chart House) Subdivision Exemption Lot Split- 1st Reading of Ordinance No. '+8' , Series of 2003 DATE: Se tember 8, 2003 ApPLICANT: Balderson/Cabell, LLC REPRESENT A TIVE: Stan Clauson Associates, LLC LOCATION: 219 E. Durant Avenue ZONING: L/TR (Lodge/Tourist Residential) CURRENT LOT SIZE: 12,000 Square Feet (11,979 SF as calculated by Surveyor) PROPOSED PARCEL SIZES: Lot I (Shown as A on Subdivision Plat)= 6,000 SF Lot 2(Shown as B on Subdivision Plat)= 6,000 SF CURRENT LAND USE: Restaurant PROPOSED LAND USE: Proposed Lot I-Duplex Proposed Lot 2- Single-Family Residence SUMMARY: The Applicant is requesting a Subdivision Exemption Lot Split to split a 12,000 square foot property into two 6,000 square foot lots. Photo Above: Area proposed as Lot 2 of the Chart House Lot Split. - I - "........ ."'... '-" .....;,J REVIEW PROCEDURE: Pursuant to Section 26.480.040 (Procedures For Review), a development application for a subdivision exemption approval shall be reviewed pursuant to the procedures and standards in this Chapter and the Common Development Review Procedures set forth in Chapter 26.304. Exempt Subdivisions require a public hearing before City Council with its associated public notice. The Applicant shall respond to the subdivision exemption lot split review standards pursuant to Section 26.480.050. City Council may approve, approve with conditions, or disapprove an application for a subdivision exemption lot split via an ordinance. STAFF COMMENTS: The Applicant, Balderson/Cabell, LLC, represented by Stan Clauson Associates, LLC, requests a Subdivision Exemption Lot Split to divide the parcel located at 219 E. Durant Avenue into two (2) separate parcels for the construction of a single-family residence and a duplex. The property to be divided is located in the L/TR (Lodge/Tourist Residential) Zone District and contains about 12,000 square feet. In reviewing the application, a question has arisen as to whether the parcel legally contains the 12,000 square feet needed to execute a lot split in the L/TR Zone District. The survey that the Applicant has submitted shows that the Surveyor calculated the lot area as 11,979 square feet. However, the Applicant is arguing that the property was intended to be 12,000 square feet because it is comprised of four (4) original townsite lots. And according to the 1959 Official Map of the City and Townsite of Aspen, the townsite lots were supposed to be 3,000 square feet each. Thus, the Applicant is further arguing that in 1959 the property should have been 12,000 square feet and there have been no recorded actions since 1959 that should have altered the size of the property. Therefore, the proposed lots to be created through the lot split would be in conformance with the minimum lot size in the L/TR Zone District, which is 6,000 square feet. It is staff's understanding that the Applicant intends to apply for a legal interpretation from the City Attorney's Office regarding the above-referenced lot size issue and the City Attorney's interpretation will be available for review by City Council at second reading ofthe proposed ordinance. With the exception of the previously mentioned lot size issue that has yet to be resolved, the proposed request appears to meet the remainder of the lot split review standards that are set forth in Land Use Code Section 26.430.080(A)(2), Lot Splits. On each of the two (2) newly created lots, the Applicant could at most construct a single-family residence and a duplex (and Accessory Dwelling Units if desired) pursuant to the L/TR Zone District requirements. The proposal would also remove setback non-conformities and a right-of-way encroachment when the lot split is redeveloped and the existing building is demolished. In addition, the subject property is located within the original townsite and has not been subject to a previous subdivision exemption as is required by the Land Use Code. However, staff does not feel that the proposal to demolish a commercial structure and replace it with a single-family residence and a duplex is consistent with the Aspen Area Community Plan's goal of stemming the loss of commercial and office space within the City to other uses. Furthermore, staff does not believe that the proposal is consistent with the intent statement of the AACP's Economic Sustainability Section that calls for the City to "maintain a healthy, vibrant and diversified year-round economy that supports the 2 ,fI"'..... ........ '. I Aspen area community" and "maintain and enhance existing businesses and cultural amenities" because the proposal is removing the commercial/tourist oriented use from the site and replacing it with several free-market, residential dwellings. Yet, the lot split review standards that are set forth in Section 26.480.030 of the Land Use Code do not include required compliance with the AACP. Additionally, staff does not believe that a GMQS exemption for a change in use is required to accommodate the proposed lot split because a lot split approval inherently provides for a development right on the new lot that is being created. Thus, the Applicant would not need a Growth Management Quota System (GMQS) exemption for a change in use to gain a development right for any of the proposed units. GMQS exemptions for the proposed units are proposed to be obtained as is outlined below. GMQS EXEMPTIONS: The Applicant requires GMQS exemptions to develop residential units on the proposed lots. The Applicant proposes to obtain GMQS exemptions pursuant to Land Use Code Section 26.4 70.070(B) by providing an ADU on each of the proposed lots. Staff believes that the proposed ADUs sufficiently provide for employee housing mitigation provided that the ADU to be constructed on Lot I contains at least six hundred (600) square feet of net livable square footage to mitigate for the duplex. This provision has been included as a condition of approval in the proposed ordinance. CONDITIONS OF ApPROVAL: Currently, a commercial building that was constructed in the 1960's exists on the site. The existing building spans over the proposed lot line as well as into the public right-of-way. The review standards for a lot split allow for the existing building to remain as long as any redevelopment on the newly created lots meet the zoning requirements. Due to the fact that the applicant does not wish to demolish the existing structure prior to lot split approval, staff has proposed a condition of approval that requires that when the property is redeveloped, the newly developed structures will have to meet the L/TR Zone District requirements. Additionally, staff has proposed a condition of approval that requires that an easement be granted on the Subdivision Exemption Plat to allow for the existing building to continue to straddle the new lot line until the existing structure is demolished. A plat note will be required to make clear that this easement shall function only as long as the existing structure remains. Additionally, the Planning Staff and the City Attorney's office believe that the proposal, if approved, would not vest a specific use or an allowable FAR because the proposed lot split does not propose a site-specific development plan. This is of concern because the infill code amendments, which Council is currently reviewing, propose to eliminate the single- family and duplex residential uses from the L/TR Zone District in which the property is located. Therefore, staff believes that it is necessary to make it clear in the proposed ordinance that approval ofthis lot split will not vest either an allowable FAR or use on the parcels to be created through the lot split. Thus, staff has included language to this affect in Section 2 of the proposed ordinance. Moreover, because the proposed lot split does not vest an FAR, staff has included a condition (Condition No.1) that requires the Applicant to remove the current allowable FAR for the properties from the subdivision exemption plat before it is recorded. 3 /......... '.'.C~"" .... ./ RECOMMENDATION: Staff does not believe that the proposed lot split is consistent with the goals of the AACP and believes that this proposal to construct single-family and duplex dwelling units on this property would detract from the vitality of the area. However, staff feels that the proposed lot split satisfies all of the review criteria as is set forth in Land Use Code Section 26.480.030(A)(2), Lot Splits, with the exception of Criterion "B". Criterion "B" relates to the creation of two (2) conforming lots and it has not been determined whether the Applicant's argument as was detailed above is legally valid. As was previously mentioned, the City Attorney's interpretation on the lot size issue will be available for Council's review at the second reading of the proposed ordinance. Therefore, staff recommends that City Council approve upon first reading, the proposed Subdivision Exemption Lot Split for Lots 1 and 2 of the Chart House Lot Split located at 219 E. Durant Avenue, City of Aspen, Pitkin County, Colorado with the conditions stated in the ordinance. RECOMMENDED MOTION: (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "1 move to approve Ordinance No.f!, Series 2003, approving upon first reading, a Subdivision Exemption for a Lot Split to create Lot I and Lot 2 of the property to be known and dedicated as the Chart House Lot Split located at 219 E. Durant Avenue, City of Aspen, Pitkin County, Colorado with the conditions set forth in the ordinance." CITY MANAGER'S COMMENTS: ATTACHMENTS: EXHIBIT A -- REVIEW CRITERIA & STAFF FINDINGS EXHIBIT B -- ApPLICATION EXHIBIT C -- REFERRAL COMMENTS EXHIBIT D -- VICINITY MAP 4 " , ......,.,/ " ". ORDINANCE No. tf g' (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION LOT SPLIT FOR LOTS 1 AND 2 OF THE PROPERTY TO BE KNOWN AND DEDICATED AS THE CHART HOUSE LOT SPLIT LOCATED AT 219 EAST DURANT AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-131-06-002 WHEREAS, the Community Development Department received an application from Balderson/Cabell, LLC, represented by Stan Clauson Associates LLC, requesting approval of a Subdivision Exemption Lot Split of the property to be known as Lot I and Lot 2 of the Chart House Lot Split, located at 219 E. Durant Avenue, City of Aspen, Pitkin County; and, WHEREAS, pursuant to Land Use Code Section 26.480.040(B), the Aspen City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or disapprove a development application for a Subdivision Exemption Lot Split, after considering a recommendation by the Community Development Department; and, WHEREAS, the Community Development Department reviewed the application for a Subdivision Exemption Lot Split for the property to be described as Lots I and 2 of the Chart House Lot Split located at 219 E. Durant Avenue (Lots 6, 7, 8, and 9, of the Eames Addition to the City and Townsite), City of Aspen, Pitkin County, Colorado and recommended that City Council approve the proposed ordinance upon first reading; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, the City Engineering Department, and the City Parks Department have reviewed the application and provided referral comments; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards, with conditions; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 ofthe Aspen Municipal Code, the Subdivision Exemption Lot Split for the property to be known and described as Lots I and 2 of the Chart House Lot Split located at 219 E. Durant Avenue, City of Aspen, Pitkin County, is approved with the following conditions: ".".." I. The Applicant shall submit and record a subdivision exemption plat that meets the terms of Chapter 26.480, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder no later than 180 days after approval of this ordinance. In addition, the proposed Lot Split Plat shall clearly label the proposed lot line that separates Lot I from Lot 2 and show all easements of record. The Lot Split Plat to be recorded shall not include the allowable FAR because this Lot Split Approval does not vest an allowable FAR pursuant to Section 2 below. 2. The Applicant shall submit and record a subdivision exemption agreement that meets the terms of Chapter 26.480.030, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder no later than 180 days after approval of this ordinance. 3. The lot split plat shall exhibit two lots in conformance with the L/TR Zone District regulations and shall include the following plat notes: a. The existing structure need not be demolished to accommodate the newly created lot boundaries and the encroachments into the setbacks and right-of-way, and may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the L/TR Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision exemption plat shall grant an easement to allow for the existing structure to be maintained across the new lot line and shall function for the life of the existing structure only. Upon redevelopment, the encroachments into the public right-of-way must also be removed. b. Upon redevelopment of Lots I and 2, the developer shall seek exemptions from GMQS on each of the lots pursuant to Section 26.470.070(B), as amended from time to time. 4. Both lots shall comply with the applicable development regulations prior to applying for building permits, including those regulations related to Residential Design Standards, Accessory Dwelling Units, and GMQS Exemptions. 5. The Applicant shall obtain a tree removal permit prior to removing any trees from the site for which a tree removal permit is required pursuant to Chapter 13.20 of the City of Aspen Municipal Code. Any tree to remain on-site during the development of Lots I and 2 shall have its drip line fenced off prior to, and throughout construction. Tree Removal Mitigation may be required for removal of trees pursuant to Municipal Code Chapter 13.20. 6. The Applicant shall install a fire sprinkler system that meets the requirements of the Fire Marshal in any of the proposed structures that exceed 5,000 square feet in size. 7. The Applicant shall comply with the Aspen Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The Applicant shall provide sewer service to Lots I and 2 by either pumping the services to the existing sewer line in Dean Street or install a main sewer line and manholes in the Durant Avenue Right-of-Way. 8. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Upon redevelopment of the new lots, the applicant shall abandon the existing water service line prior to receiving new water taps. Section 2: Approval of the Lot Split described herein solely splits the fathering parcel into two (2) conforming lots and does not vest a site-specific development plan. Therefore, the approval granted herein does not exempt or vest the uses or dimensional requirements of the lots created herein from zoning changes to the underlying zone district. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. ,- " Section 6: A public hearing was held on the 22nd day of September at 5:00 PM in City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 8th day of September, 2003. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this 14th day of October, 2003. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney EXHIBIT A SUBDIVISION EXEMPTION LOT SPLIT REVIEW CRITERIA & STAFF FINDINGS The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following criteria 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. Staff Finding The property subject to the proposed Lot Split is not located in a subdivision. The subject property is located within the original townsite of Aspen. Staff finds this criterion to be met. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c). Staff Finding There will be no more than two lots created by this lot split, Lots I and 2 of the Chart House Lot Split. As was detailed in the staff memo, there is a question as to the accepted lot size of the parcel. The Surveyor certified a lot size of 11,979 square feet, but the Applicant is arguing that the property is intended to contain 12,000 square feet. That being said, the City Attorney's Office is currently reviewing the Applicant's argument to determine if it is valid. The City Attorney's interpretation will be available for review at the second reading of the proposed ordinance. To obtain GMQS exemptions to develop each of the lots with single-family residence and a duplex, the applicant has consented to providing an ADD on each of the lots to be created. Additionally, staff has required as a condition of approval that the Applicant provide an ADU of at least 600 net livable square feet on the lot that is proposed to contain a duplex. Staff finds this criterion to be met. c. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter or a "lot split" exemption pursuant to Section 26.470.040 (C)(I)(a). 5 ""'" .~ ....",..; Staff Finding Staff finds that the subject lot has not previously been granted a subdivision exemption or a lot split. Staff finds this criterion to be met. d. A subdivision plat which meets the terms of this Chapter, and conforms to the requirements of this Title, is submitted and recorded in the office of the Pitkin County Clerk and Recorder 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 Chapter and growth management allocation pursuant to Chapter 26.470. Staff Finding No further subdivision will be granted for Lots I and 2 and no additional units will be built without receipt of applicable approvals pursuant to this Chapter and growth management allocations pursuant to Chapter 26.470. The required subdivision plat with a note allowing no further subdivision of the newly created lots, as approved by City Council will be submitted by the applicant and recorded in the office of the Pitkin County Clerk and Recorder. Staff finds this criterion to be met. e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration ofthe plat by the City Council will be required for a showing of good cause. Staff Finding The applicant shall record the required subdivision exemption plat and agreement within one hundred and eighty (180) days of approval by the City Council. Staff finds this criterion to be met. f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding Currently, a structure exists on the proposed property line. Staff has proposed a condition of approval that requires any new development on the lots meet all of the L/TR Zone District requirements. Staff finds this criterion to be met. g. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single- family home. 6 ,- ....;,./'- Staff Finding The Applicant is proposing only three (3) residential units that count towards density (ADUs do not count towards density) on the two (2) lots to be created as a result of the proposed lot split. Staff finds this criterion to be met. 7 Land Detail Page I of 1 Pitkin County Assessor Land Detail Information Assessor/Treasurer Property Search I Assessor Subset Query I Assessor Sales Search --- .. C1erk.& Itecorder Receptiol1 Search Parcel Detail Sales Detail Value Detail I ResidentiaVCommercial ~mprovement Detail AccountNumber R000072 Land Occurrence 1 Characteristics Property Class: IISPEC. PURPOSE LAND Land Size: IP2000 Neighborhood: IICOA COMMERCIAL "B" Super Nbhd: IIASPEN COMMERCIAL TO(Jof Page Assessor Database Search Options I Treasurer Database Search Options .C[erk& Recorder DataoOse Search Options .- PitkinCounty Home Pa~ The Pitkin County Assessor's Office makes every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Office are unable to warrant any of the infonnation herein contained. Copyright <1:J 2003 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/Land.asp? AccountNumber=ROOOOn 08/12/2003 Parcel Detail Number of Residential Buildings: 110 Number of Comm/Ind Buildings: II I I I CommerciaVIndustrial Building Occurrence 1 Characteristics I I SPECIAL PURPOSE FIRST FL: 116,165 I Total Area: 116, I 65 I Property Class: IISPEC. PURPOSE-IMPROVEMENT I Actual Year Built: 111954 I Effective Year Built: 111985 I I Quality of Construction: IIGOOD-BASE I I Exterior Wnll: IIGOOD BASE I I Interior Wall: IIGOOD-BASE I I Neighborhood: IICOA COMMERCIAL "B" I Tax Information Tax Year II Transaction Type II Amount I ]997 II Tax Amount $19,580.641 1997 II Tax Amount $95.851 1997 Tax Payment: Whole ($19,580.64)1 1997 Tax Payment: Whole ($95.85)1 1998 Tax Amount $95.851 1998 Tax Amount $19,295.621 1998 Tax Payment: Whole I ($19,295.62)1 ]998 Tax Payment: Whole ($95.85)1 1999 II Tax Amount $95.851 1999 II Tax Amount $17,846.781 1999 II Tax Payment: Whole ($95.85)1 1999 II Tax Payment: Whole ($17,846.78)1 2000 I Tax Amount 11 $95.851 2000 Tax Amount II $19,982.161 2000 Tax Payment: First Half II ($47.92)1 2000 Tax Payment: First Half II ($9,991.08)1 2000 Tax Payment: FIrSt Half II ($0.01)1 2000 Tax Payment: Second Half II ($47.92)1 2000 Tax Payment: Second Halt II ($9,991.08)1 2001 I Tax Amount II $95.851 2001 Tax Amount II $22,118.821 2001 Tax Payment: FIrst Half II ($1 1,059.4 1)1 2001 Tax Payment: First Halt II ($47.92)1 2001 Tax Payment: Second Halt II ($47.92)1 I 200] Tax Payment: Second Half II ($11,059.41)1 II http://www. pitkinassessor.org/assessor/Parcel.asp? AccountNumber=ROOOOn Page 2 on 08/12/2003 '.. .#~ MEMORANDUM TO: Plans were routed to those departments checked-off below: X ........... City Engineer o ........... Zoning Officer o ........... Housing X ........... Parks Department X ........... Aspen Fire Marshal X ........... City Water X ........... Aspen Consolidated Sanitation District o ........... Building Department X ........... Environmental Health o ........... Electric Department o ........... Holy Cross Electric o ........... City Attorney X ........... Streets Department o ........... Historic Preservation Officer o ........... Pitkin County Planning TO: DRC Representatives FROM: James Lindt, Plarmer Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 RE: Chart House Lot Split Parcel ID #2735-131-06-002 DATE OF DRC MEETING: 8/13/03 DATE: August 6, 2003 COMMENTS: Please find attached an application for a Lot Split at 219 E. Durant (Chart House). A DRC Meeting will be held regarding this project on August 13th. Please do not write on your application packets and return them to me after you are finished so that they can be reused for Council. Thanks, James APPLICATION SENT OUT TO REFERRAL AGENCIES 8/6/03 WRITTEN REFERRALS DUE TO JOHN NIEWOEHNER 8/20/03 ~ /^ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A_ment for Pavment of City of Amen DeveIooment Aoolication Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen OnIinance No. 57 (Series of 2(00) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a detennination 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 that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their bearings and/or approvals. APPLICANT agrees be will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY wben 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 infonnation to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in considemtion of the CITY's waiver of its right to collect full fees prior to a detennination of application completeness, APPLICANT sball pay an initial deposit in the amount of $ wbich is for bours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT sball pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a mte of $205.00 per planner bour over the initial deposit. Such periodic payments sball be made within 30 days of the billing date. APPLICANT further agrees that failure to pay sucb accroed costs sbalI be grounds for suspension of processing, and in no case will building permits be issued unti1 all costs associated with case processing have been paid CITY OF ASPEN APPUCANT By: Julie Ann Woods Commnnity Development Director ~7'~ tfk ~ By: Date: -:; - 'J.J1 rf) :> Mailing Address: -:m 3 51 fttLfe; c;,; k()tfM, C tJ SJIo! ( I g:lIupport\forms\agrpayas.doc 1/10/01 RETAIl FOR PEAIIANENT RECCII) -"', ,~/ .",.., CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aereement for Pavment of City of Asnen Develonment Annlication Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for (hereinafter, THE PROJECT). 2. APPLICANT nnderstands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee stmctnre for Land Use applications and the payment of all processing fees is a condition precedent to a detennination of application completeness. 3. APPLICANT and CTIY 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 applicatioIl APPLICANT and CTIY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. 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 applicatioIl 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient ioformation to the Planning Commission and/or City Council to enable the Planning Commission and/or City Conncil to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CTIY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amonnt of $ which is for hours of Community Development staff time, and if actnal recorded costs exceed the initial deposit, APPLICANT shall pay additional montWy billings to CITY to reimburse the CTIY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. 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, and in no case will building permits be issued until all costs associated with case processing have been paid CITY OF ASPEN APPLICANT By: Julie Ann Woods Community Development Director By:7iJ~c Date: ? -1-t? r-b :> Mailing Address: -:m 3 '5t ft-t~ 47: k~91 , C t) 8Jlof ( ! g:\supportlformslagrpayas.doc 1/10/01 RETAIN FOR PERIWIBIT RECOIl) - ....... , ".... PUBLIC NOTICE RE: CHART HOUSE (219 E. DURANT AVE.) SUBDIVISION EXEMPTION LOT SPLIT AND GMQS EXEMPTION FOR A LOT SPLIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 14,2003 at a meeting to begin at 5:00 p.m. before the Aspen City Council, at the Aspen City Hall, 130 South Galena Street, Aspen, Colorado in the City Council Chambers Room, to consider an application submitted by Balderson/Cabell, LLC requesting approval of a subdivision exemption lot split and a GMQS exemption for a lot split on the property located at 219 E. Durant Avenue (Chart House property). The property is legally described as Lots 6, 7, 8, and 9, Block 3 of the Eames Addition to the City and Townsite of Aspen. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, jamesl@ci.aspen.co.us. s/Helen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times on September 27,2003 City of Aspen Account APPLICATION Chart House Lot Split and GMQS Exemption 31 July 2003 Applicants: Balderson/Cabell, LLC Location: 219 East Durant Avenue, Aspen Zone District: L/TR An application for Lot Split and GMQS Exemption for the Chart House Property Represented by: Stan Clauson Associates, LLC 200 E. Main Street Aspen, CO 81611 970-925-2323 , STAN CLAUSON ASSOCIATES, LLC Planning. Urban Design Landscape Architecture Transportation Studies Project Management 200 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE: 970.925.2323 FAX: 970.920.1628 E-MAIL: clauson@scaplanning_com WEll: www.scaplanning.com , . 31 July 2003 , . James Lindt, Planner City of Aspen Community Development Department 13 0 S. Galena Street Aspen, Colorado 81611 . . Re: Request for Lot Split and Growth Management Exemption . . ) , Dear Community Development Staff: . . On behalf of Balderson/Cabell, LLC, we are writing to request that the City of Aspen conduct the necessary reviews to provide for a Lot Split to accomodate the creation of a new development parcel, and Growth Management Exemption to allow for the construction of a single-family residence and duplex on the property currently described as Lots 6, 7, 8 and 9 Block 3 (Eames Addition), City and Townsite of Aspen. . . , . . . . . The property, located at 219 East Durant Avenue, currently contains 12,000 square feet which, the applicant wishes to divide into two equally sized lots of 6, 000 square feet. Lots 6 and 7 will retain the fathering building right for the future construction of a duplex and two detached Accessory Dwelling Units while the newly created parcel, containing Lots 8 and 9 will eventually be developed with a single-family residence. . .) .. .. . .. .. . . . . . . . . . . . . As you may know, the Chart House Restaurant currently occupies the property and has ceased operations. The applicant wishes to utilize the property for the highest and best use possible that is consistent with the Land Use Code. We look forward to an opportunity to present this application, which we believe will provide appropriate public amenities to compliment adjacent residential and lodging uses. These include sidewalks and street tree plantings along with the removal of existing encroachments. PLANNING AND DESIGt..' SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS , James Lindt 31 July 2003 Page 2 ; We remain ready to answer any questions that you or the review boards may have regarding the application. , , , , Very truly yours, , , , . , . , . } , . , , Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES, LLC , . l Attachments: I) Land Use Application 2) Dimensional Requirements Form 3) Land Use Code Standards Report 4) Letter of Authorization 5) Proof of Ownership 6) Adjacent Property Owners Map 7) Adjacent Property Owners List 8) Pre-Application Conference Summary 9) Property Survey 10) Proposed Lot Split Plat , . , . , , , , , , , . , . , . , . ) ;11 .. .. It It . . ~ ~ "" ... ., , ~ "" " ~ "" It . . ATTACHMENT 1-LAND USE APPLICATION APPUCANT: ;, Name: l Parcel ill # (REQUIRED) Balderson/Cabell, LLC c/o Herb Balderson, Mmmging Partner 219 E. Durant Avenue, Aspen or Lots 6, 7, 8 and 9 Block 3 (Eames Addition), City and Townsite of Aspen (Indicate street address, lot & block number, legal description where appropriate) 2735-131-06-002 , . , Location: , l REPRESENTATIVE: ,> Name: . , , , Address: , , I Phone #: Stan Clauson Associates, LLC 200 E. Main Street, Aspen, CO 81611 970 920-2323 , , , l PROJECT: : Name: Chart House Lot Split and GMQS Exemption 219 E. Durant Avenue, Aspen, CO 81611 , , , , Address: , , I Phone #: N/A I TYPE OF APPUCATION: (Please check all that apply): I I . , . , . . , . , , . , , , , , , , I D Conditional Use D Conceptual PUD D Conceptual Historic Devt. 0 Special Review D Final PUD (& PUD Amendment) D Final Historic Development 0 Design Review Appeal D Conceptual SPA D Minor Historic Devt. D GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition ~ GMQS Exemption D Subdivision D Historic Designation D ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes D Small Lodge Conversion! Margin, Hal1am Lake BluH; condominiumization) Expansion Mountain View Plane ~ Lot Split 0 Temporary Use D Other: D Lot Line Adjustment D T ,~ Amendment I .. ,. .. I. '. I. I. i. i. ( I I . Have you attached the following? I . ~ Pre-Application Conference Summary ( . ~ Attachment # I, Signed Fee Agreement I . ~ Response to Attachment #3, Dimensional Requirements Form .. 12<::1 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ~t .t .t PROPOSAL: (descri tion of ro osed buil. s, uses, modifications, etc.) The applicant requests a Subdivision Exemption, Lot Split to divide the existing property into two identical 6,000 square foot parcels (consisting of Lots 6 and 7 and the other of Lots 8 and 9). The applicant also requests a GMQS Exemption to construct a duplex on the futhering parcel and a single-fiunily residence on the newly created parcel. FEES DUE: $1.445 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: Chart House. Lot Split and GMOS Exemption. Applicant: Balderson/CabelL LLC Location: 219 E. Durant Avenue. Aspen Zone District: VIR Lot Size: 12.000 so. ft. Lot Area: 12.000 sq. ft. (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable (sq/ft): Number of residential units: Number of bedrooms: Existing: Existing: Existing: 6,165 o N/A Proposed: Proposed: Proposed: o 3 not determined , , Proposed % of demolition (Historic properties only): NI A > Dimensions: Floor Area (sq. ft.): Existing: 6,165 Allowable: 12,000 Proposed: sfr=3,240 duplex=3,600 Principal bldg. height: Existing: 28ft. Allowable: 28 ft. Proposed: 28 ft. Access bldg. height: Existing: N/A Allowable: 25 ft. Proposed: 25 ft. On-Site parking: Existing: 0 Required: N/A Proposed: 4 % Site coverage: Existing: 51 Required: N/A Proposed: 75 % Open Space: Existing: N/A Required: 25 Proposed: 25 Front Setback: Existing: 0 Required: 10 Proposed: 10 Rear Setback: Existing: 0 Required: 10 Proposed: 10 Combined FIR: Existing: 0 Required: 20 Proposed: 20 Side Setback: Existing: 0 Required: 5 Proposed: 5 Side Setback: Existing: 17 Required: 5 Proposed: 5 Combined Sides: Existing: 17 Required: 10 Proposed: 10 l ; l l l l l > , . '. '. , . '. I. i. i. ,. . I I ) : ) : ) . ~ It 1 t a Existing non-conformities or encroachments: The current structure extends beyond the property lot line in the front. rear. and east side vard. Variations requested: N/A Attachment 3 Project Overview The applicant wishes to submit a request for Subdivision Exemption and GMQS Exemption for a "lot split" of the Chart House property located on Durant Avenue. The subject property is currently comprised of 4 historic City of Aspen lots that collectively total 12,000 square feet. These are more specifically described as Lots 6, 7, 8 and 9 Block 3 (Eames Addition), City and Townsite of Aspen, Colorado. The applicant wishes to split this property into two equal size parcels of 6,000 square feet and retain the building right (as the fathering parcel) for lots 6 and 7. The fathering parcel will be redeveloped with a duplex (and two detached Accessory Dwelling Units) while the newly created parcel, lots 8 and 9 will be developed with a single-family residence. The applicant has responded to the appropriate code sections as identified by City staff below. Land Use Code Standard Report Offered below are responses to relevant standards as identified in the Land Use Code: , , , , 1. Resoonses to Section 26.480.030 (A)(2) Subdivision Exemotion. Lot Solit ) ) The split of a lot for the purpose of the development of one detached single-family dwelling 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 of the City Council, or the land is described as metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. , , , ) , > q , . '. , . I. I. , . I. I. I. . : . I i. I . I. I Response: The property is a combination of historic City of Aspen lots that are 3,000 square feet each. These lots were developed prior to the adoption of subdivision regulations in 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. Any lot for which development is proposed will mitigate for affordable housing pursuant to section 26.470.070 (8). Response: One additional lot will result from the lot split and both lots will conform to the requirements of the UTR ZofUt district. Chart House Lot Split and GMQS Exemption Land Use Code Standards, Page I c. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to section 26.470.040 (C)(I)(a). Response: The lot has not been involved in a prior lot split exemption or subdivision. d. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County Clerk and Recorder 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 chapter and growth management allocation pursuant to Chapter 26.470. Response: The applicant agrees to comply with this requirement. \ , e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following the approval by the City Council shall render the plat invalid. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development may forward the extension request to the Planning and Zoning Commission. \ , Response: The applicant agrees to comply with this requirement. ) ) ) f In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. , , ) Response: A commercial restaurant currently situated on the property boundary of the newly proposed lots. The applicant may wish to demolish the existing structure. \ , \ , \ , g. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed (3) units, which may be composed of a duplex and a single-family home. I . > ) ) \ , , , \ , \ , , , Response: The applicant wishes to eventually build a single-family residence on the fathering parcel and a duplex on the newly created parcel. ) ) ) , > . . > Chart House Lot Split and GMQS Exemption Land Use Code Standards, Page 2 2. Resnonses to Section 26.470.070 ill) GMOS Exemntion for a Dunlex Dwelling !l.!!.i! The following shall be exempt from the growth management scoring and competition procedures: I) the construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of section 26.480.020(E)... Response: The subject parcel was created prior to 1977. The applicant agrees to provide two detached Accessory Dwelling Units for qffordable housing mitigation in compliance with Section 26.470. 070(B)(2)(b) of the Aspen Land Use Code. , , , , Chart House Lot Split and GMQS Exemption Land Use Code Standards, Page 3 ) Attachment 4 28 June 2003 Mr. Stan Clauson Stan Clauson Associates 200 E. Main St. Aspen, CO 81611 To Whom it may Concern: As the managing member of Balder soniC abell, LLC, I give Stan Clauson Associates, LLC and his staff permission to represent us in discussions with the City of Aspen regarding the Lot Split and GMQS Exemption of the Chart House property in Aspen, Colorado. We have retained this firm to assist us in the planning phase of this project. If you have any questions regarding this matter, please contact me. Sincerely, 7~ Herb Balderson, Managing Partner Balderson/Cabell, LLC ) I I I I I I ) ) > I > > JUL, 25, 2003~ 7:58AMrNl ALPINE B~NK ASPENSPEN A TT ACHMENT 5 AmeJicau Land Title ,AilociotiOIl Commilment - Modified 3/78 COMMITMENT :FOR TlTLI!. INS~CE ISSUED BY STEWART TITLE GUARANTY COMPANY Order Number: 41528 > I ) ) ) I I I II II I ) I I ) ) ) ) STEWART TITLE GUAAANIY COMPANY, a. Texas Corpantion, herein called the Compa.nYi for valuable consideration, hereby commits to iss\je its policy or policiCli of titlEl insurance, ail identified in Schedule A, in favor of the proposed Insured named in SehEldule A, as o',\'I\er or mortgagee of the estate or intereSt covered hereby in the land described or referred to in ~chedule A, upon llaynlellt of the pl.'emiums and charges therefore; all suoj ect to the provisions of Schedules A lIJld B and to the Conditions and Stipulations hereof. This Cornmittnent shall be effeotiw only when the identity of the proposed Insured and the amount of fuEl policy or policies committed for have been inserted in Schedule A hereof by thEl Company, either at the time of the issuance of this COmm111.nent OI" by iubsequtl'lt end1mement. The Commitment is preli!llinary to the iSSUSllce of such policy or policies of title insurmce and all liability and obligations hereUf!.der &hall c~e wi terminate six months after the effllOtive dato hereof or when the policy or policies colnmitted for shan issue, whichever first occurs, provided that the failure to issue sucb policy or polioies i. not the fault of the CompllIlY. Signed under s~al for the Company. but this Commitment shall not be valid or binding until it bllus an lIUtharized COUl\tersignature. IN wrnmss WHEREOF. Stewart Titt" Guaranty Company has caused its corporato name and seal to be hereuntQ affixed by its dulyauthorl%cd officers on the date shown in Schedule A. STEWART tITLE GUARANTY COMPANY , , . ) j ) I , I I I I ) ) Sf~#tJ.~~ Authorized Countersignature a_art Ti!l_ of Aspc", Ine, 620 >1..1 ~lopkin! A.venue. "''I'CIl, C'.o 81611 (970) 925-3577 , " j l Order Number: 415~ P lof2 Commilmaltlbr lie 1M~""..3t1S ,- JUL, 25, 2003u 7:57AM~M ALPINE BANK ASPENSPEN \.;U."!IVlU l"UlI~" I.' 1<'0& TITLE INSURANCE SCHEDULE A NO, 265;533 p, 3/10 .... 'tIi t. Effective Date: July 17, :2003 at 7:30 a.m. 1.. poli~or Polides To Be lUlled; Order NUlllberl 41528 ( ) ALTA (19n) Owner's Policy ( ) Standard ( ) Bxtended Amount: Premium: (X) ALTA 1992 Loan Policy (X) Standard ( ) E1deIlded Amount: Premium: $150,000.00 $627.00 Proposed Insured: Alpine Banl' its suceenors andlor'assigns I I I I I I I I I , l , l , ) , l I I , I I ) I l l '. . . ) 3. Th.e estate or interest in the land deseribed or referred to in this ColllJDitmellt and covered herein is: Fee Simple 4. Title to the estate or interest in said land is at the effeCtive dau hereof vested ill: ~ Balderson/Cabell u.c 5. The laud referred to In tbi. COmmitment is described as follows. Lots 6, 7,8, and 9, Block 3, EAMES ADDITION TO THE CITY AND TOwNSITE OF ASPEN County of Pitkin, State of Colorado I Statement of Chll'll!i Policy premiums shown above, and any charges shown below are due and paya.ble before t. policy een be issued. tXlllDilJ.er NlIIl1el Chuck Dom , , , , , , Standard Rate Tax Certificate $ 20.00 ) . I . ~~~'. ~~.. ~~~3J 7).,s.~~~ ALPINE BANK ASPE\ '" i 1.111 "\ I I. I.... I'''' P EN NO,)~~33 P.,,2 4/10 SCHEDULE B - BeetloD 1 REQUIREMENTS Order Number: 41528 The following 111'0 the requirements to be complied with: Item (a) Payment to or fo,. the aceount of the grantors or mortgagors of the fUll coJ15ideratlon1'or the erlate or intorest to be Inmred, Item (b) Proper instrument(s) creal1J1g the estate or Interest to be insured must be executed and duly filed for record, to wit: 1. The following is required with. rospect to Ba1dorson/Caboll LLC, a. '" Limited Liability Company: a. Satisfactory evidence furnished by the Secretary 0 fS tate in which Artioles w ere filed, confinning that said Limited Liability Company is in good standing. (Le., Certificate of Good Standing, or copy of Articlos of Organization bearing file stamp from the Secretary of State.) ) ) ) . . , I : I , I I I I . I . I ) I , I : I : I I I I ) ) ) b, Copy of the Articles of Organization of said Limitod Liability Company. c, Copy of the Opera.ting Agreement of said Limited Liability Company. NOTE: If any Managors are themselves partrlerships trusts, limited liability companies or corporations, additional requirements will be nocessary, 2. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. 3. Indenmity and Affidavit as to Debts, Liens an4 Leases. duly exeouted by the borrower end approved by Stewart Title of Aspen. Inc. I I ) .. {~~', ~5~. 2.0vO}J 7",:,5",8.~~A ALPINE BANK ASPEN ....'L-II'\I\I Itll.,... nvPEN NO, 265'33 P. 45/ "V, oj , . 10 SCHEDUl.E B - Section :1 EXCEPTIONS Order Number: 41528 The policy or policies to be issued will contain exceptions to the following unless the saxne al'e disposed oho the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public rllcords. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortago in area, encroachments, and any facts which a cOlTect su):Vey and inspection of the premises would d iaclose and which are not shown by the public records. 4. Any lien, or right to a lien, for seMces, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public reaards. S, Defeets, liens, encumbrances, advcrso claims or other matters, if any. oreated, first appearing in the publie records or attaching subsequent to the effective date hereof, but plior to the date the proposed insmed acquires of record for vahle the estate Q1' interest or mortgage thereon covered by this coxnmittnent. 6. Unpatented mining clailU&; reservations or OXceptiollS in patents, or m act authorizing the issuance thereof; water rights. claims or title to water, 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. The. effect of inclWlions in any general or -spceific water COI1SCIVBnoy, f'Ife protection, soil conservation or other district or inclusion in any water service or street illlpIovement &tGa, 8. Right oftbe proprietor ofa vein or lode to extract and removc his orc therefrom, sbould the same be found to penetrate or intersect the premises hereby grmted, iii reserved in United States Patcut recorded August 26, 1949 in Book 175 atPagc 298. 9. ;renns, conditions, obligations and provisiol1S of Agreement by and between the City of Aspen md Robed Baxley as set forth in instnuncnt recorded September ~, 1976 in Book 316 at Page 235 at Page 235 as Reception No, 186764. 10, Terms, conditiOl1S, obligations and provisions of Declaration of Covenants, :Restrictions and Conditiona as set forth in instrUment recorded March 16, 1987 in.Book 531 at Page 345 as Reception No, 286839. ) JUL. 25. 2003 \.IUL. I.L. lVVJ NO. 2653 P. 5 I1V, U;J 3 I, 6/10 11. Tenus, ~onditions, obligations and provisions of Revocable :Encroachment Agreemmt by a:nd between tho City of Aspen a:nd Balderson/Cabell LLC aa set forth in instnunent recorded No""mber 6, 1997 aa Reception No, 410362. 7:59AM, J, J; 1111 ALPINE BANK A\PEN ~1~llnr\1 I 11 ~~ n~PEN .... 12, Terms, conditions, obligations and provisions of Revocable Encroaohment License Agreement by and between the City of Aspen and Chnrt House Enterprises aa set forth in instrUment recorded July 14, 1999 as Rocllption No. 433366. 13. Any and all Leasehold interests, NOTE: Colorado Division of Insurance RCilllations 3.5-1, Paragraph C of Article VII requires that "Bvery title entity shall be responsible for all ma.tters which appear of reoord prior to the time of recording whenever the title entity conduots the closing and is responsible for recording or filing of legal dOcuments resulting from the f:ransa~tion which was ~lOlied." Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the tran!lIction, c"eaption number S will not appcar on the Owner's Title Policy and the Lender's Policy when issued. - NOTE; i'olicies issued hereunder will be subject to the terms, conditions, and exclusions set fol1h in the ALTA 1992 Policy form. Copios of thl! 1992 fOrID Policy Jaokot, setting forth said terms, conditions and exclusions, will be made a'\laila.b1e upon fOCjUest. , ) ;,) . ) ;;) ~: ) , I I I I , I , , ) i , , , , ) , , ) ) ) ) 'i ) , " , , ,) ~ :. ) ) i ,) . ) ) ) , ) : ) , ) . ; ) , ) ,) ~!:. JUl, 25, 2003 7'~9AM J . ) "I I,Ii,n. LL. LVVJ .), JJ! IV ALPINE 8ANK ASPEN," \JJl..nr"iI\1 I~I~~ r"IvtcN N~)t~33 P".67/1O DISCLOSURES Pursuant to C.R.$, 10-11-122, notice is hereby given that: A, Tho aubj ect real property may be located in a Special Taxing District; B, A Certificate of Taxes due listiu~ each taxing jurisdiction shall be obtained fonn the Count)' 'Treasurer or the County Treal!1.U"Cr's authorized agent; C. InfommtiOll regarding Special Districts and tho boundaries of such districts ma)' b eo btained from the Board 0 f County Commissioners, th~ County Clerk and Recorder, or.the County Assessor. Note~ Colorado Divi5iOll of Insurance Regulations 3-5.1, Paragta.ph C of Article vn requires that "Every title entity shall be responsible for all matters which appear ofrecord prior to the time ofrecording whenever the titl~ entity condl.lOts the closing and is responsible for reoording or filing of legal documents re5ulting from the trsnsaction which was closed." Provided that SteWlll't Title of Aspen, Inc, conducts the cl~ing of the insured transaction and is responsible for recording th~ legal d.ocuments from the trans.e.otion, e,,-ception number 5 will not app~ar on the O"'ller's Title Policy end the Lender's Title Policy when iosued. NotCl Affirmative Mechanic's Lien Protection for the Owner may be aVIlilable (typically by deletion of Exception No.4. of Schedule 11, S~ctiCll:l 2 of the Commitment fonn the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a sinpe family residence, which includt:s a condominium or townhouse unit. B. No labor or materials have been furnished by mechaniC5 or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company agai11St unfiled mechanic'5 and materlallnen's liens. D, The Company must receive payment of the appropriate premium. B. If there has been constroction, improvements or m~or repairs Utldemken on the property to be purchased, within six months prior to the Date of Commitment, the; requirements to obtain coverago for unrecorded lietl5 will include: disclosure of certaill cOIlStruction intormationj finanl;ial information as to the seller, the builder and/or the contractor; payment of the appropriate prmri\lll); fully e>tecuted Indemnity llgreements sllnsfactoty to the company; and, any additional requirements 116 may be neceSsaty after an exe.urlnation of the aforesaid information by the Company, No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTHING HEREIN CONrAINED WILL BE DEEMED TO OBUGATE THE COMPANY TO PROVDE ANY or THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDmONS ARE FULLY SATISFIED. i'll. NlIllIbm 4\S28 Slc~ !i~e .r ""POll, lnc, Dilo\O!\lI'Ol pase 1 ofl JJL, L? 2003 .. "'.... L.J,., t. v V.J s:. ~~~~~ A! Pj'N'f RANK A(PP' - - "~., v" IIp 'N "''-'"'''' .&,.... "...' l.. No.)~~33 p,. 78/10 PRIVACY POLICY NOnCE PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally plohibits any fmanoial institution, directly or through its affiliates, from sharing nonpublio personal information about you with II nonaffiliated 1hird party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the oategories of persOllS or entities to whom it may be disolosed. In complianoc with the GLBA, we are providing you with this document, whioh notifies you oithe privacy policies and practioes of Stewart Title of Aspen, Inc.. We may collect nOIrpublic persDnalinfonnation about you from the following sources; ; i I. I ) ) ) ) ) ) I ) ) i I , ) d U . Information we receive from you, such as on appliolltfons or other forms, . Jnfonnetion about your transactions we secure from our files, or from our Ilifiliates or others. . Information we receive from a oonsumer reporting aAmcy. . Infonnation that we receive from others involved in your ~saotion. such as the real estate agent or lender. Unless it is specifioally stated otherwise in an amended Privacy Policy Notice, no additional not1'pu'olic personal information will be oollected about you. We may disolose lIlY of the above infol'tnD.tion that we collect about our oustomers or fonner customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our oustomers 01' fonner customers to the iollowinl types of nonaffiliated companies that pmorm marketing services on our behalf or with whom we have joint marketing agreenlents: · Finlllloial service providers such as oompanies engaged in banking, consumer finance, securities and insurance. · Non-financial companies suoh as envelope stoffers and other :fUlfillment service providlll's. WE DO NOT DISCLOSE ANY NONPUBUC PERSONAl, INFORMATION ABOUT YOU WITH ANYONE FOR ANY PtJlU>OSE lliATIS NOT SPBCIFICALL Y PERMITTED BY LAW. u We remict aocess to Donpublio personal infonnatlon about you to those employees who need te know that information In order to previde products or services to you. We maintain physical, eleotronic, and procedural sat'egusrds that comply with federal regulations to guard your nonpublic persenal illfonnation. n ;) , , FiI.Nulobl" .Isza Stowort Ti~. .r A.plII1, In.. PrIVACY Pcfl"l' N.ll.. Pas; ten .. .. ~) ~~ ~. . . . . . . . . . . . . . . . . . . . . . . . . . I. . . . . . . I. . I. . . ,. . . . I. . I. . . . . . I. I. . .. .. ; E-HYMAN-A VE 0;- (f) :t '" (f) :E '" <3 <h E.e00PER-AVE --. ..~ w~i~ 'D2932. 57 61 49 JlJAN.S~ .- 7S 150 I I'l ~ o I , Feel This mapldrawinglimage is a graphical representation of the features depicted and is not a legal representation. The accuracy may change depending on the enlargement or reductiOn Copyright 2003 City 01 AspenlPrtkin County I'I~ 5]1 :., ~ A TT ACHMENT 6 ~'; __ ...,r-IIII,.. I" II ~ -.....1 (f) ;!: if I ~ .;< ~ 1 Wagner Parl<. ~ E'CllJRANT-AVE ,. n .. A TT ACHMENT 7 IDENTIFIER PARCELNB OWNERNAME 273718220851 CITY OF ASPEN 273513104003 KING RICHARD & LAUREN 273513105001 L1MELlTE INC 273718219001 L1MELlTE INC 273513104004 HOTEL DURANT 273513104005 PINES LODGE DEVELOPMENT LLC 273513138001 ALYEMENI MOHAMMED & ALICE 273513138002 J & E HANSEN LLC 273513138805 TOWNE PLACE OF ASPEN CONDO ASSOC INC 273718219002 MSE ASPEN HOLDINGS L TO 273513138003 KAPLAN BARBARA 273513138004 FAIRHOLME INVESTMENTS L TO 2735131100081MREMSUE 273513110007 CRISTOL STANLEY J 273513110006 CHU FAMILY TRUST 2/3 INT 273513110005 MACDONALD KENNETH HUGH JR REV TRUST 273513110004 CALKINS GEORGE W 273513110009 MULKEY DAVID A DR 273513110003 FAULKNER JOHN L 273513110010 MCCONNELL THOMAS W & KAY L 273513110002 BERHORST JERRY 273513110011 TAROCH HOLDINGS L TO 273513110001 BROWN EDWARD L 273513110012 WUGALTER JOEL 273513110013 VANDER WALL DEAN ROBERT & BEVERLY J 273513110023 REED LYNN W 273513110014 STEINER DONALD R 273513110022 GRAHAM MAUREEN 273513110015 IMHOF FAMILY TRUST 273513109001 SILVERMAN MARC A & MARILYN L 273513110021 ROBLES ENRIQUE ALVAREZ 273513109002 DIXON R MC FARLAND 273513110016 LACY ROANE M JR 273513110020 OCONNOR ROBERT W & CATHERINE L 273513109003 DONCER JOYCE TRUST 273513109004 WEBSTER HUNTER M 273513110019 COHEN FAITH HARTMAN UND 1/2 INT 273513110019 HARTMAN CHRISTINA M UND 1/2 INT 273513110024 ROARING FORK PROPERTIES 273513109005 BAKER CHARLES E JR 50% 273513109005 PRITCHARD BARBARA M 50% 273513110018 LE CHARD ALLAN P 273513109006 SOUTHPOINT-SUMNER CORP 273513110025 LIFT ONE CONDOMINIUM ASSOC 273513109015 LEWIS PERRY 273513110017 GLICKMAN EDWIN C 273513109014 COHEN ARTHUR S 273513109007 DIXON ROGER M 273513110026 MCDONALD FRANCIS B 273513113001 SAVANAH LP 273513109013 BENT FORK LLC 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 I 20 . 21 > 22 I 23 I 24 I 25 . 26 , 27 . , 28 .. 29 , . 30 , . 31 , . 32 , 33 . , 34 I 35 . 36 I 37 I 38 . 38 . 39 '. 40 40 . 41 . 42 .. 43 . 44 . 45 . 46 47 . 48 . 49 . 50 . ,. . . ) ',-_...... 51 52 52 . 53 54 56 57 58 59 60 61 62 63 64 65 65 , 66 , , 67 , 68 ) 68 >> 69 >> 70 I 71 >> 72 ) 73 , 74 , 75 , , 76 , 77 , , 78 , , 79 , , 80 , , 81 " 81 >> 82 . 83 . 84 >> 85 . 86 . 87 >> 87 88 >> 89 >> 90 ) 91 >> 91 . . . . . . . . . 273513109008 WOLK PAUL TRUST 273513110031 GROOS NICHOLAS D 273513110031 TYDEN FAMILY FARMS PTNP 273513110027 GLAUBINGER LAWRENCE D & LUCIENNE 273513109012 BATES NATHANIEL B TRUST 273513109011 KULLGREN NANCY A 273513110028 GREINER JERRY M 273513109010 0 NEAL PROPERTIES LLC 273513109016 HATCHER HUGH S & JENNIFER M 273513109009 DONCER JOYCE TRUSTEE FOR THE 273513110029 WOW LIFT ONE LLC 273513109017 BRIGHT GALEN 273513109018 EVANS DAVID COURTNEY 273513110030 ZALE MILTON TRUSTEE 273513109019 ZOLLER CHILDRENS TRUST 49.2% 273513109019 ZOLLER LAWRENCE & HELEN 50.8% 273513109020 WOLK PAUL TRUST 273513109030 BOUNDY RICHARD R 273513109021 HORTON KAREN JANE TRUST 273513109021 SCHAYER CHARLES M III 273513109029 SHEFFER BARBARA & DOUGLAS 273513109022 LEVY HELEN JOAN TRUST 273513109028 VANTONGEREN HAROLD V & LIDIA M 273513109023 SPAULDING RICHARD W & THOMPSON ELEANOR M 273513109026 SOUTH POINT CONDOMINIUM ASSOCIATION 273513109025 WOODSON TATJANA D 273718285001 SL T ASPEN DEAN STREET LLC 273513109024 SCHROEDER C M JR 273718245002 MOUNTAIN CHALET ENTERPRISES INC 273513116851 CITY OF ASPEN 273513132003 LOCHHEAD RAYMOND R & EMILIE M 273513132004 FREIRICH MARK A 273513132002 GOLDSMITH ADAM D 273513132002 SMITH RONA K 273513132005 PASCO PROP LLC 273513132001 PICARD DEBORA J 273513132006 LOCHHEAD RAYMOND R & EMILIE M 273513117003 CROW MARGERY K & PETER D 273513117004 WALTERS 1/5 & ROLLINS 1/5 & GORMAN 1/5 273513117002 HILL CLAUDIA R 1/2 273513117002 HILL EUGENE D JR 1/2 273513117005 HILL EUGENE D III & JOAN L TRUST 273513117001 KLEINER JOHN P 273513117006 CYS RICHARD L AND KAREN L 273513118002 DOLlNSEK FRANK JR 273513118002 DOLlNSEK JOHN \ Smooth Feed Sheets TM AL YEMENI MOHAMMED & ALICE , 819 LINWOOD RD , MOORESVILLE, NC 28115 · BENT FORK LLC I C/O FESUS GEORGE POBOX 9197 · ASPEN, CO 81612 I I I > BRIGHT GALEN PO BOX 1848 ) ASPEN, CO 81612 l CHU FAMILY TRUST 2/3 INT l LU NANCY C 1/31NT I 38 CORMORANT CIR . NEWPORT BEACH, CA 92660 I I I > COHEN FAITH HARTMAN UNO 1/2 INT 2865 NE 24TH CT ) FT LAUDERDALE, FL 33305 . ; . ; . , )CYS RICHARD LAND KAREN L 5301 CHAMBERLIN AVE > CHEVY CHASE, MD 20815 ) , , , , >DOLlNSEKJOHN ..619 S MONARCH ST '''ASPEN, CO 81611 . . . ,.EVANS DAVID COURTNEY PO BOX 952 '.ASPEN, CO 81612 . . . ~REIRICH MARK A f:.0 BOX 774056 STEAMBOAT SPRINGS, CO 80477 . . . . l:;OLDSMITH ADAM D f'0 BOX 9069 ..SPEN, CO 81612 . . . A"r=~Vrm "..IA........... I ...~^l... Use template for 5160@ BAKER CHARLES E JR 50% 333 E 75TH NEW YORK, NY 10021 BATES NATHANIEL B TRUST PO BOX 9909 ASPEN. CO 81612 BERHORST JERRY BERHORST CAROLE 7161 L1NDENMERE DR BLOOMFIELD HILLS, MI 48301 BOUNDY RICHARD R 906 W SUGNET RD MIDLAND, MI 48640 BROWN EDWARD L PO BOX 2604 NAPERVILLE, IL 60566 CALKINS GEORGE W 5100 E QUINCY AVE ENGLEWOOD, CO 80110 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 COHEN ARTHUR S IBSEN 72 MEXICO CITY MEXICO, 11560 CRISTOL STANLEY J 2918 3RD ST BOULDER, CO 80304 CROW MARGERY K & PETER D 46103 HIGHWAY 6 & 24 GLENWOOD SPRINGS, CO 81601 DIXON R MC FARLAND 3141 HOOD ST DALLAS, TX 75219 DOLlNSEK FRANK JR 619 S MONARCH ST ASPEN, CO 81611 DONCER JOYCE TRUST 7641 W 123RD PL PALOS HEIGHTS, IL 60463 DONCER JOYCE TRUSTEE FOR THE DONCERJOYCEL TRUST 7641 W 123RD PL PALOS HEIGHTS, IL 60463 FAIRHOLME INVESTMENTS LTD C/O MARINI & ASSOCIATES TWO S BISCAYNE BLVD STE 3580 MIAMI, FL 33131 FAULKNER JOHN L 2433 ROCKING HAM ST ARLINGTON, VA 22207 GLAUBINGER LAWRENCE D & LUCIENNE POBOX 3567 HALLANDALE, FL 33008-3567 GLICKMAN EDWIN C 2322 LAZY 0 RD SNOWMASS, CO 81654 GRAHAM MAUREEN 538 VERNON HEIGHTS BLVD MARION, OH 43302 GREINER JERRY M GREINER TERESA U 1401 ROSELAWN WEST ROSEVILLE, MN 55113 1 ___.. 7..fF^(R) Smooth Feed Sheets™ GROOS NICHOLAS D I 210 N INDUSTRIAL PARK RD I HASTINGS, MI 49058 HILL CLAUDIA R 1/2 3910 S HILLCREST DR I DENVER, CO 80237 HOTEL DURANT 122 E DURANT ASPEN, CO 81611 , J & E HANSEN LLC ~ CIO EDWARD HANSEN . 204 E DURANT AVE I ASPEN, CO 81611 I I . KLEINER JOHN P 55 SECOND ST I COLORADO SPRINGS, CO 80906 , . . . LE CHARD ALLAN P ) LE CHARD SIDNEY ANN ) 1002 BUCKINGHAM RD ) GROSSE POINTE PARK, MI 48230 ) > I LIFT ONE CONDOMINIUM ASSOC ,131 E DURANT AVE ASPEN, CO 81611 I . LOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD · PASO ROBLES, CA 93446 I I . .MCDONALD FRANCIS B .326 MIDLAND AVE #207 ASPEN, CO 81611 I . . .MULKEY DAVID A DR TRUSTEE .2860 AUGUSTA DR .LAS VEGAS, NV 89109 I I . ..a A'i1r::::~VIS'l A..4ri1"'.......... 1 ~h...l.. HARTMAN CHRISTINA M UND 1/2 INT 2865 NE 24TH CT FT LAUDERDALE, FL 33305 HILL EUGENE Dill & JOAN L TRUST 3910 S HILLCREST DR DENVER, CO 80237 IMHOF FAMILY TRUST 2409 GREEN ST SAN FRANCISCO, CA 94123 KAPLAN BARBARA 3076 EDGEWOOD RD PEPPER PIKE, OH 44124 KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN, CO 81611 LEVY HELEN JOAN TRUST 421 WARWICK RD KENILWORTH, IL 60043 L1MELlTE INC 228 E COOPER ASPEN, CO 81611 MACDONALD KENNETH HUGH JR REV TRUST 2000 WHITTIER SAGINAW, MI 48601 MOUNTAIN CHALET ENTERPRISES INC 333 E DURANT AVE ASPEN, CO 81611 o NEAL PROPERTIES LLC 205 E DURANT AVE ASPEN, CO 81611 Use temDlate for 5160@ , HATCHER HUGH S & JENNIFER M 2806 DUMBARTON ST NW WASHINGTON, DC 20007 HORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER, CO 80224 IMREM SUE 219 E LAKE SHORE DR APT 5D CHICAGO, IL 60611 KING RICHARD & LAUREN 9696 CULVER BLVD STE 203 CULVER CITY, CA 90232 LACY ROANE M JR PO BOX 367 WACO, TX 76703-0367 LEWIS PERRY HEARTLAND PARTNERS 55 RAILROAD AVE GREENWICH, CT 06830 L1MELlTE INC PAAS LEROY G 228 E COOPER AVE ASPEN, CO 81611 MCCONNELL THOMAS W & KAY L 3814 OAKHILLS BLOOMFIELD HILLS, MI 48301 MSE ASPEN HOLDINGS L TD 1575 PONCE DE LEON FORT LAUDERDALE, FL 33316 OCONNOR ROBERT W & CATHERINE L 51719 BRITTANY COURT GRANGER, IN 46530 1 ____ ~""l!!n(R) Smooth Feed SheetsT" I PASCO PROP LLC SMITH PATRICK A POBOX 688 I BLOOMFIELD HILLS, MI 48303 PRITCHARD BARBARA M 50% , 333 E 75TH I NEW YORK, NY 10021 I I , ROBLES ENRIQUE ALVAREZ , ALVAREZ CRISTINA SIERRA GORDA #340 , LOMAS CHAPULTEPEC MEXICO DF . MEXICO, 11000 . . SCHROEDER C M JR . SCHROEDER BETTY ANN .3629 ROCKBRIDGE RD COLUMBIA, SC 29206 . . · SL T ASPEN DEAN STREET LLC I C/O STARWOOD.HOTELS & RESORTS ) TRUST 2231 E CAMELBACK RD STE 410 ) PHOENIX, AZ 85016 l ) ) SOUTHPOINT-SUMNER CORP 4828 FORT SUMNER DR ) BETHESDA, MD 20816 l , , )TAROCH HOLDINGS L TO )c/O PATRICK 0 MCALLISTER PC )210 N MILL ST #201 ,ASPEN, CO 81611-1504 . ) .VANDER WALL DEAN ROBERT & tBEVERL Y J .PO BOX 189 .LONE PINE, CA 93545 . . >>WEBSTER HUNTER M PO BOX 2366 >>ASPEN, CO 81611 >> . . fNOW LIFT ONE LLC t5863 SHASTA CR LITTLETON, CO 80123 . . . d ""~""riil A...I..J..I'Oo,.... 1...h.....I.... PICARD DEBORA J 601 S MONARCH #3 ASPEN, CO 81611 REED LYNN W 2224 VIA SEVILLE RD NW ALBUQUERQUE, NM 87104-3096 SA V ANAH LP 13530 BALI WAY MARINA DEL REY, CA 90292 SHEFFER BARBARA & DOUGLAS PO BOX 250 ASPEN, CO 81612 SMITH RONA K 1742 HILLSIDE RD STEVENSON, MD 21153 SPAULDING RICHARD W & THOMPSON ELEANOR M AS JT TENANTS PO BOX 292 CONCORD, MA 01742 TOWNE PLACE OF ASPEN CONDO ASSOC INC C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 VANTONGEREN HAROLD V & LIDIA M 2000 E 12TH AVE BOX 8 DENVER, CO 80206 WOLK PAUL TRUST 4868 THE DELL LN HUME, VA 22639 WUGAL TER JOEL 3200 NORTH OCEAN BLVD #909 FT LAUDERDALE, FL 33308 Use template for 5160@ PINES LODGE DEVELOPMENT LLC 960 E DURANT AVE #7 ASPEN, CO 81611 ROARING FORK PROPERTIES 5055 26TH AVE ROCKFORD, IL 61109 SCHAYER CHARLES Mill 588 S PONTIAC WAY DENVER, CO 80224 SILVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK, PA 19046 SOUTH POINT CONDOMINIUM ASSOCIATION 205 E DURANT AVE #2F ASPEN, CO 81611 STEINER DONALD R 5536 SILVER RIDGE DR STONE MOUNTAIN, GA 30087 TYDEN FAMILY FARMS PTNP 210 N INDUSTRIAL PARK RD HASTINGS, MI 49058 WALTERS 1/5 & ROLLINS 1/5 & GORMAN 1/5 SMITH 1/5 & BONDS 1/5 7350 W FAIRVIEW DR LITTLETON, CO 80128 WOODSON TATJANA 0 POBOX125 TETON VILLAGE, WY 83025 ZALE MILTON TRUSTEE 3824 N ASHLAND AVE CHICAGO, IL 60613 1_____ ...../^(R\ Smooth Feed Sheets ™ Use template for 5160@ J ZOLLER LAWRENCE & HELEN 50.8% C/O STEPHEN ZOLLER . 1032 TIA JUANA ST LAGUNA BEACH, CA 92651 il II ~ ~ ~ ~ ) " '" '. '" . '" , '" .. '" , '" ~ ) .. '" ) .. '" ~ . . . . . . . . . . . . . . . . . .. ....a lUm=I3V(iI J},A~r.oc~ I ":lh.l'lle I "!lr'ftP J:1':'''@ I I , , I , , , I I I I . . . . . . . ~ PLANNER: PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: A TT ACHMENT 8 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY James Lindt, 920-5095 DATE: 7.18.03 219 E. Durant (Chart House) Lot Split Stan Clauson Balderson One step. Subdivision Exemption for a Lot Split, GMQS Exemption. The Applicant wishes to split the 12,000 SF parcel into two separate parcels for the construction of a singlc-fiunily residence and a duplex. As was discussed during the pre- application confurence, a change-in-use is not required as long as the Applicant does not wish to use the existing structure as credit in obtaining a GMQS exemption for a development right. Therefure, without the changc-in-use, the Applicant must provide employee housing mitigation fur each of the three units in one of the manners that is established in Land Use Code Section 26.470.070(B). Land Use Code Section(s) 26.480.030(A)(2) Subdivision Exemption- Lot Split 26.470.070(8) GMQS Exemptions To apply, submit the following information: I. Proof of ownership (for both properties) 2. Signed fee agreement 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. An 8 1/2" by 11" vicinity map (to be contained on the draft plat locating the parcel within the City of Aspen. 7. Draft Plat of the proposed lot split certified by a registered land surveyor, licensed in the state of Colorado. Contact the Community Development Engineer if more specific ioformation is needed. 920-5104. 8. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please refer to the review standards in the City of Aspen Land Use Code 26.480.030(A)(2). 9. 10 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = Ilea.; Planning Staff= 2. 10. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Review by: " Public Hearing: Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: , , , , , , .. " .. " ~ ~ ~ .. " .. '" . . . . . . . . . . . . . . . . . Staff for Completeness, DRC for technical ioformation, City Council for Final Decision via an Ordinance. . Yes, City Conncil 2nd Reading of Ordinance. Engineering Planning Deposit ($1260) Engineering,~or($185) $1445 (deposit covers 6 hours of Staff time, additional hours are billed at a rate of$210/hour) DillClaimer: The furegoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is sobject to change in the future, and upon fuctuaI representations that mayor may not be accurate. The summary does not create a legal or vested right. - Ii , I I ~ , ::l ';;. ""'e>.. ~3 , , ! i 'I ~: :1 .1 ;1' " ,I <, j". . ~ ~~ ~--. > co -" '" '"' ,I .~.' II~ ~~~,~ !f~m! i~ '"~~ '1".""11- Z"::'Aa>: ~!~~II;-g -;p... '"' ~..r-'" ,,___.. f;"':;-!,-.U F:-~::< C 0-- ",. ,r"', 'fT1 :; ~::CD ~g:;;i?'~ i:~ "~~~-.. ~;~:g; i I~( 6~o~ i~~~~; Ii ~ I:V ~5~a~: : i ~ ~ ~ "I :" 1 i:' o ," oi~ II=' Ji g~ II '~i~ : : ,~ '" ;; ~ .", --< . ~ z '" ;; ~ ,~ :<:': " ,; ~ ! 'i , ~ , . ~ , 'l ~ .' , , : ! " ~. , , c ~ T, , . . . ? , . , , ~ ~ " , ~ f. , '. ~'o. ~._~~ ' - /. l f~l@ - L~// ~..,. ,~ " c, W.: : I"~"~ .w.t I/'~' ,,'I-. . , . I A' Jl ' . '" < I ~ -" I, " , I .,:';14' 'i, .... '1lI.... .! 7 Ill' ~J.,,,~ ~ I 1,I't /;1 .,' )41'1// 'II -; ~~ ~/ ,i "i"-.. '" 'il ;,'" }"/ ;. .!......,"Z'>J/ . ;; { . J / . . I, '''- .f~' I.::;'," . . ,v II p \(l, "-/. ' . '}>>/ 'of ,il~'" . -j r IJ>./.:~~ of :,{ :~f,~i)t~, ...., .,d/y, /..1 i1,~~;t 1;/," '. ,I :'/,I }i;ll ." "ifttf'!~ :,'j '\ ".@'.\/ ; y, ,..,." i\. ~(::- . - '-. .~~ ! '-. --- ! -"" i ~.?:'~""'~'" c:::, [)-, " s: "- o .., .e '& ,~ ti,c '~.:.. " ~ , n, '" /(:~~ /\;f~" //(:t .A. -' I;) o .., ~i .., o ~ e e .< J~" ,e . " L ,- t';; .' .- "" to::;:; / .' . ~ ! "- o .., .. , ~ , " () .., ; .."/:- "/0 -.. ., .~ o . _ -L ~ Pf.....~ ,.C.. f..-, ~2~;~ ~:~ i!~r-~l /bc'VI , /, /lev'f "".. ~,' "'.~<, It. I i; " " I c.,-.~ Ii"~ . )"O( .',. " II 8$ ~~l . . lii ! ~ ,f. ~ -.- ~ ,:-, '. o ~~ :;~ ~ ::' C . 'OJ!': ~~~ i:; ; .:',g~.';~:' . :~; JI. '" >-<<:> ~ a5~ . ~ ~ ~ " . , , ::.: .' '"" i~~~ ~ . , () ~ '" '-;) ii :;:," ~ ,.. ~ f.:S ..". r ~ - . ,. ! , " . ;:;"~ '-'\ f1;) ,.., o C) :>; '" " ,., () ..., " , I .:c. ~ '.> k''...l ~ ,:;; ; , l~}' 1';'): !t ~ i'" ,~ is>- ,;;~~ "101~ "';[~I,.., :~2' , o g Vl (~; eo. zI:> ;; ~ " .. 0);;;; i ~. ;:0- "'! ; ~~ ;~ I j Qi ~I ,I 'I i I" _ f ,I .1' / i . I: I ~ '.') '! 'J ~ ~ !~ I; ~i , I ~. ' j , , ,I i I , ,~ en n c' () '0 n ]> I I I, :1 Ii II II II II II !I :1 II II II :I II II II II en , i , I jl II II II !I II II II 11 II II ~ 11 II II II II II II II q II II II II II II II il I I ,. ~ ~ II n . if II ~ 'I ., I '0 ] 'I ,..(, I>-- i f ~~~ ~g~ >r::-g. ~tIl Z .' ~~ .z~n ~~~ 8~~ ~ ~ ~ ;; Vl ~ - "- ~ Z ~ ~ ~ t1l > ~ ..., ~ o n ~ m -~ ~ n n S;~ ;;:: PJ z '4 n rt- o t""' ~:::r::: ~ 0 o C UJ (D r' o rt- UJ "0 ........ ..... rt- en 1-=-'" >--3 l-rJ >-0 r ;V Z '" co M ,. ;S ~ ~ ~ '" .. ~ ~ UO < .. ro g o ~--' (/J :r: '" '" >-J ! ~ ! "I U) .b , I'J - - };I ~'L, _ t; l'If.i::r~~,,'-'\ .::~~;=~.. '. ............... . "", I .....~' , . -h-..,. , ". . ' 'f8Jl' · I' ~ '-"-' li!i:..... .. ' , ~ , . ii'.l' .. . -"'__'fj "'Ii I; i ,''-/!fV!.fe' '~~bfJ" >'-7 ' f. , I 1,/11 i. 8 i~. ,,";1 r;;. Iii 111!, . c"" . OJ'' . .. . . "', .... .'" I , .. "r, . " . E:i""" ".!f4!ll :.;,,~ ..' I _" ,( . s\"j '. ./' .. 'I " &'e., OJ . '''~ 'f' ;<:;;:'.:: ,:;;. "! ''''' <Y,f !~/' I: t . .. ',. 'I t> i ;g. i" f.l-I/(7 I .. .. '" "'.. .. . ,. f" '-"" i ", i. I . . ~ -""-"" . i , . .. ',. ...-........... I \., .., f - - --'.. - ....................... i ' :1' -. '" .. --"" __ -'''-...., . ... II ..f........................ - -___ _ ___.. --!-.1.....1 /' " I .......... --... _ ~ r, t, 'If I ............... __ ./ ' . ~ 'l">.j;! I ...........-..-.c.., (, I;, '''1 i r"i ; ~ I ;i ifti~"I. !::!J.. / .,jl '!!L. '1:.." . 'f .J iI,'" ~'!f:: ......... ! ~ !. "1/'4~(1 \\ ! R ! ,; w !~. . k~ .'., . " ~' "1' / ; '/./ "1' J ! ,. , !-"'-h' I ,. "~'''\ I 1 ~ 1 '. ,....-. . '. -j.. ,. ~\ . :.:'\............ ...... I! / I,.. . .. ";':.,] -. '. k' >'>.Cr"i'~r.~ J. .,"'" :.$:~...~........;.....j rJv~~ ';;I, : .' I,,,;... . I'~"j . "JII"l" . . I " '. ..... :~;"'~o. . . '., " "I , " "', :".:.,.. '" .', '=11' :-~ ,I,. ~. _ , ~~ '~~ I '..,,< . . .. " ." "J;~;\ > "e' . "C"'" .. "" " ./ .. "':""",'~.. .... . "".,."..., 'I!.,. SOD?/-! '~ON4h:CN "... _, Co'" 'w" . ,5 7"/fE;'E:7' ~i i' ' . ~i i Ii , g ,~ (;;: ,1, ,~ " ^",' ~ '" h) ;:,.: r---," ,~. .''''1:: -l,,, 'l> (\ f,jD f i' . ~nn n ~ B ,., ~ ;, -< i:1 t ~ ,- ~ " .. c < ,u ~ ~ . , 8 ~ , , ~ ;! '" z [:J < ,~ c, '-" ~ Q ~ ,r i ii < '<on ~~ ;8a:~ ~ ; !~:~~ ~ ~ ~ ~ "'., ; ~ t ~ . ~ , Cl C1 r" ~ ,;i<;; , o~ LI~ , ..' .-. VI ;:j :c C) ~; "f.E: r ;; r'l ~ ~ G ~< ,,:~\ (J B~'ZEl:::,~ ",-, ~ ., , g r o " < ~ c e,' ~ ~"" .r; l/] "J > ~ ~ 15 960'1 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen. Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing 1006 Copy 1165 Remp Fee 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu 1164 School District Land Ded. NAME: (\NI (\ 1W-e l,ot 0~ ADDRE~;/PROJ~CT:-Ztl ~ -\)JY"c-i~. PHONE:31-t:)" '2~ 7- ""J - 0~ ill C \c~ ~ CHECK# _I ~':2;-;; 1071 1072 1073 \ , 1074 i 1075 1076 1077 1078 1079 Building Fees: Board of Appeals Building Permit Electrical Permit Energy Code Review Mechanical Permit Plan Check Plumbing Permit Relnspection Aspen Fire Other Fees: TOTAL _\2&0 /8<;' _\4('\ \" , # 0); ~PIES:~ INITIAL: 0 WJ . CASE/PERMIT#: DATE: /vb I 07 \