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HomeMy WebLinkAboutcoa.lu.ec.Chart House 219 E Durant Ave.A042-03I E I External Media Located Here M,_015313 RMMI /n/ � �-��- i3i- off.- uc?� r 'I F' `i :) , 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: 1 �� 1163 City Engineer 11 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 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. TOTAL NAME:'1 ADDRESS/PROJECT: PHONE: �'Z'�—1 2?.JZ !2 LK" CHECK# I L Z-6 CASE/PERMIT#: # OF� f OPIES: 0 DATE: 0% INITIAL: 1MT PARCEL ID: 277-131-06002 -DATE RCVD: 08/01/03 A04: CASE NAME: Chart House Lot Split and GMQS Exemption PROD ADDR: 219 E. Durant Ave ., CASE TYP: Lot Split and GMQS Exemption TEPS:f OWN/APP: Balderson/Cabell. LL ADR 708 Spruce St C/S/Z: Aspen/CO/81611 PHN: 970- REP: Stan Clauson Associates LL ADR:r200 E Main St C/S/Z: Aspen/CO/81611 PHN: 977920 rFEES DUE: S185.00 Eng FEES RCVD: 51260 - Dep - S185 Eng Rcpt STAT: FERRALS REF:— Byl DUE:I I® MTG DATE REV BODY PH NOTICED REMARKS CLOSED: I BY: E?. PLAT SUBMITD: PLAT (BK,PG): DATE OF FINAL ACTION CITY COUNCIL• PZ: 14 BOA: - DRAC: I ADMINJ L 0 94 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 1 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(I), 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 1 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(I); 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(I) 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, 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 1 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: 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 1 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 1 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. Moreover, City Council hereby denies the GMQS exemption request for a lot split pursuant to Land Use Code Section 26.470.070(I), 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 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. Cectian S. 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 4ectinn 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 by a four to one (4-1) vote this 14th day of October, 2003. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney • • Vlllc� MEMORANDUM TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Director FROM: James Lindt, Planner_'�S_L_ RE: 219 E. Durant Avenue (Chart House) Subdivision Exemption Lot Split and GMQS Exemption— 2"d 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 1(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 1-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. Area of Proposed Lot 1 Photo Above: Area proposed as Lot 1 of the Chart House Lot Split. Photo Above: Area proposed as Lot 2 of the Chart House Lot Split. -1- 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 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(I), 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 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): "I 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 1 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) "I move to approve the alternative Ordinance No. 48, Series of 2003, approving a Subdivision Exemption for a Lot Split to create Lot 1 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 • 0 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 W 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 1 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(I), 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 1 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 26.470.070(I); 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: • E 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 1 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: 1. 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 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. 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 1 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. • n 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 1 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. 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. • E 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 Approved as to form: .Iohn Worcester, City Attorney Helen Kahn Klanderud, Mayor 0 Al+�ema� 110e_ l /y CX l vlq vice-�/ 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 1 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(I), 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 1 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 Marshat, 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(I) 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 of the Aspen Municipal Code, the Subdivision Exemption Lot Split for the property to be known and described as Lots 1 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: 1. 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. 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 1 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 1 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. Rectinn 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: Kathryn S. Koch, City Clerk Approved as to form: John Worcester, City Attorney Helen Kalin Klanderud, Mayor 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 1 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 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)(1)(a). 0 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 1 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 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 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 Maximum potential buildout for the tsvo (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. • • 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(I), 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. E MMEMORANDUM 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 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. Engineering Department: • Nick stated that the lot size issue was a legal question that should be directed to the City Attorney. 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. 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. 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. Ccommunity Development Engineer: • Driveway curb cuts cannot exceed 18 feet in width. /DRC/ChartHouse-Subdiv Exhibit'*W'C**, CHART HOUSE NACINITY MAP f �\ :AA .J �14 S • 'Y. pxk 4 wf "p• FIELD NOTES l"r-rHET0wf4oFASPEt" �ecJ�NNiv3 u�C.K'nerK° 1 h 1�L..ti`.-K,,,,,�,� 1'j..A�: YJe��•rle�-v�,�v.v 1 ,J ba YV IAA lb` Cw `ub cy Sion- .l�-. ; ° W 3 o o v ° N •Bd;L �e �yo1� j,4 �,> �s �� eye( 'j� cam► "NQ b o��.�c�. �- r.a,ek �,,� ,., l � E� 3 v oVAA' 9 �a V 24 Ipo-w d J 0 PLAT � r T14 -T 4,1 F p E N Scu\e � \nc.Sv = la Ov FT, r il � FW-AlUf"i FIELD KbTES or-HE'fc WK-FASPEN � Be.3�l1N1113utfih��(°� h,lieYtrs�aK_� . Yju,�,���Q�rWP,Q-�.�, — 3 ln,u�w e{ (�.,n,..'cMn,q T�,�Y�•Z:.,I,V a,� �Knnee+n� :Ju1A� 'y4'w`.0 �5d` ° \el N ati�ri. 1w.. .6aJr 1�.e Ra .11r.16 lot 14 t� � a% s . �t5° W ►{ y � 4,a�caJ �w► 3 w �,.�,_ .N 3 ° (c er jlo S a. Sledls.� i�✓i......t� �u„�A ('�l..t:� �M.1 iv G►► � b or�eyk.�. 'weaN- Eci.aa- ��c, 1 lJ Cav'y�o'� N�6 E 3aovkv S-i.o E 4 j o D u% j6z.r 1 ll 7/1^'�c �1 Z-oG— ao x,00 r P L AT of T11E- -TowN OFiN�,;rEN scu�E �nc��=�OOU FT, cN l 7 / — c"1c11nA 5W �EA� Vl-1 / Z Qic-\5fC-v C f' g�r6>1,VL S -\fM-A^ Ui�a�nyvu�ri -Lo 26.104.100 40 assurances for physical improvements, timing of improvements, acceptance procedures for im- and P rovements, and non-compliance provisions, and any other requirements of the land use approval. PurT 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- me delible marks or figures fixed upon the human body by insertion of pigment under the skin. Co Temporary use or structure. A use or structure that may or may not be permitted in a given zone district, but which may be allowed on a non -permanent and temporary basis upon review. ini (See, Chapter 26.450, Temporary Uses.) all all Timeshare development or unit. A development, building or dwelling unit the title to which ar is, or is to be, divided either into interval estates or time -span estates as defined at Section 38-33- cc 110, C.R.S., as may be amended from time to time. d` Time share use. A contractual or membership right of occupancy (which cannot be terminated P at the will of the owner) for life, or for a term of years, to the recurrent and exclusive use or occu- s pancy of a dwelling unit on some periodic basis for a set period of time that has been allotted from 1 use or occupancy periods into which the dwelling unit has been divided. T or river from which Top of slope. A line generally running trrrstream or other riparian asmdet must be setback and which delineates he bank of the river o termined by the City Engineer. rTownsite or Original Aspen Townsite. Land depicted on the City of Aspen incorporation f record, dated 1880. Parcels of land lying partially within this area shall not be considered n 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, Utility/Trash 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 (aspen voz) 26.470.070 a. it serves an essential public purpose, provides facilities in response to the demands of growth, is not itself a significant 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 mitigation requiremen as it deems appropriate and warranted. 'I. 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: 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, type, size, rental/sale mix, and price/income restrictions of the affordable housing units. (Aspen 10/02) 616 0 ASPENIPITKIN COUNTY C0NI V4UNITY DEVELOPMENT DEPARTMENT CODE INTERPRETATION JURISDICTION: APPLICABLE CODE SECTION: EFFECTIVE DATE: WRITTEN BY: APPROVED BY: City of Aspen Section 26.470.070(I) GMQS Exemptions — Lot Split, Section 26.480.030 (A)(2) (Subdivision — Exemption —Lot Split) September 8, 1999 Chris Bendon, Planner DATE: 9Z/¢/.9�_ S U i i IARY! 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 if lots that are outside in the Original Mapped Aspen Townsite qualify for a Lot Split Exemption under Growth. Management. Sunny Vann requested an interpretation of the land Use Code to determine if lots that are partially within the Original Mapped Aspen Townsite qualify for a Lot Split Exemption under Growth Management. DISCUSSION: The Original Aspen Townsite 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 plat.is 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 Growth Management Exemption provisions for Lot Split parcels, Section 26.470.070(l) Cows exemptions 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). 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 Growth 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 Growth 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 �l✓iapped 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 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 Lot Split and a Growth 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 wrongly 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 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 Iots 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, 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 Council or as a separate agenda item. 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 V City of Aspen Account rattA to I (��� • STAN CLAUSON ASSOCIATES, LLC Planning • Urban Design Landscape Architecture Transportation Studies 9 September 2003 Project Management (`� 200 EAST MAIN STREET Mayor and City Council ASPEN, COLORADO 81611 Y y TELEPHONE:970.925.2323 City of Aspen FAX: 970.920.1628 130 S. Galena Street E-MAIL: clauson@scaplanning.com Aspen, Colorado 81611 WEB www.scaplanning.com 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 BaIderson 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 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 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.f 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 SOLUTIONS FOR COMMUNITIES AND PRIVATE .SECTOR CLIENTS • • 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 for the LT/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 LT/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 LT/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 Klanderud 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 financing 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 of leveraging 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 • 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. I hope that it helps to know this. I further hope we might try to give the best and kindest characterization to one anther's intentions, even when we might disagree. Very truly yours, Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES, LLC Cc: Herb and Marcy Balderson Y� u�-t M Wj+� ARK A. FREIRICH, P.C. ATTORNEY AT LAW 928 LINCOLN AVENUE P. 0. 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 I am writing this letter to express my concern with respect to the proposed subdivision exemption for the Chart House (219 E. Durant Ave.) I 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. I would request that the developer be restrained from tearing down any of these trees. In addition, the size of any structures which are proposed upon this property is a concern. I 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. I would hope that any development which is approved takes into account the importance of maintaining a quiet residential neighborhood. Sincerely, Mark A. Freirich CITY COUNCIL AGENDA October 14, 2003 5:00 P.M. 1) 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 Councilmembers' 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. 0 • CITY COUNCIL AGENDA October 14, 2003 5:00 P.M. 1) 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 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 '✓ qL� b) Ordinance #22, 2003 — Little Ajax Annexation V �6 MP L c) Ordinance #21, 2003 — Little Ajax Subdivision/PUD ✓ - raeo ��, 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 Exemptio h) Or anse — opt1 r� Updated Model Traffic Code - m i) Ordinance #50, 2003 — General Obligation Refunding Bonds )X) Action Items a) Resolution #97, 2003 — Contract — Cemetery Lane Part 11 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. • 0 4(t ( P� P209 MEMORANDUM M � ��, �o Ap p vove TO: Mayor and City Council y - THRU: Julie Ann Woods, Community Development Director �� FuileC� OS FROM: James Lindt, Planner��--, Mo�Sc�� f A��^Otle J {- L� RE: 219 E. Durant Avenue (Chart House) Subdivision Exemption Lot Split and GMQS Exemption— 2"d Reading of Ordinance No.48, Series of 2003- PUBLIC HEARING �klev� tJQ ��✓ U . 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 1(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 1-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. f . �..x���' ��• � d gip?' �+g.`:,^.. � sti Photo Above: Area proposed as Lot 1 of the Chart House Lot Split. Area of Proposed Lot 2 Photo Above: Area proposed as Lot 2 of the Chart House Lot Split. -1- 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 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 0 • P211 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(I), 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 definition was added to be consistent with a Iand 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 C P212 0 0 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): "I 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 1 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) "I move to approve the alternative Ordinance No. 48, Series of 2003, approving a Subdivision Exemption for a Lot Split to create Lot 1 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: 0 • • 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 9 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 AND DEDICATED AS THE CHART HOUSE LOT SPLIT LOCATED AT 219 EAST DURANT AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 735-131-06-002 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 1 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(I), 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 1 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 26.470.070(I); 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: 1�1 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 1 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: l : 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 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 1 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 sewer service to Lots l 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. 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 Approved as to form: John Worcester, City Attorney Helen Kalin Klanderud, Mayor P218 •Ord I Vjq ulce-11 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 1 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(I), 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 1 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(I); 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(I) 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 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 1 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: 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. 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. P220 0.. • 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 1 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 1 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. 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. 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 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 Approved as to form: John Worcester, City Attorney Helen Kalin Klanderud, Mayor 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 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 1 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 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)(1)(a). n 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 1 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 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 - 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 P224 � • 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 • 0 • P225 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(I), 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 P226 • MEMORANDUM 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 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. Engineering 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. 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. Citv Water Department: Page 2 of 2 • P227 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. Ccommunitv Development Engineer: • Driveway curb cuts cannot exceed 18 feet in width. /DRC/ChartHouse-Subdiv CHART 6chibit'�"�'� HOUSEVICINITY co MAP ,`; 4 F FIELD P(tTF—S Ar, j�o �ku tv 3 so w I'Mom 4u-,� -Ar. K �,boj .8 .4 C� Slog S-0-b 3 10 0 VA�- 9 Sit E 6 w Su cl-c;L" I Du 1'r IPO\ P L/1\ T F T I f E -TO-YN OF-A� r E � vxc�\-=Jccu FT, 1011 P230 _ 26.104.100 assurances for physical improvements, timing of improvements, acceptance procedures for im- and provements, and non-compliance provisions, and any other requirements of the land use approval. purl ral or finished grade of the ground. (See, Supplemen- Subgrade Area. An area below the natu tal Regulations - Section 26.575.020(A), Floor Area). _ Tattoo parlor. A business establishment principally engaged in the business of creating in- me. t delible marks or figures fixed upon the human body by insertion of pigment under the skin. Co, Temporary use or structure. A use or structure that may or 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.) cis all Timeshare development or unit. A development, building or dwelling unit the title to which ar is, or is to be, divided either into interval estates or time -span estates as defined at Section 38-33 cc 110, C.R.S., as may be amended from time to time. df Time share use. A contractual or membership right of occupancy (which cannot be terminated - P at the will of the owner) for life, or for a term of years, to the recurrent and exclusive use or occu- s 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. 1 ::. a�: I 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. 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, Utility/Trash 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. 26.470.070 • • P231- a. it serves an essential public purpose, provides facilities in response to the demands of growth, is not itself a significant 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 mitigation requirements as it deems appropriate and warranted. I 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 26.480.03 0(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 26.470.034. Review is by City Council _.100 / J_ Affordable housin; 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: 1. 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. I The proposed location, number, type, size, rental/sale mix, and price/income restrictions of the affordable housing units. (Aspen 10/02) P232 - ASPENIPITKIN COUNTY COMITU1ViTY DEVELOPMENT DEP.4RTNIENT CODE .Ti 7ERPRETATION JURISDICTION: APPLICABLE CODE SECTION: EFFECTIVE DATE: WRITTEN BY: APPROVED BY: City of Aspen Section 26.470.070(I) GMQS Exemptions — Lot Split, Section 26.480.0'30 (A)(2) (Subdivision — Exemption — Lot Split) September 8, 1999 Chris Bendon, Planner DATE: 9f.99 SUAT EVLARY: This Land Use Code interpretation concludes that the Lot Split Exemption provisions of Growth Management Quota System do riot extend to lots outside, or lots partially within, the Original Mapped Aspen Townsite. BACKGROUND: Stan Ciauson requested.an interpretation of the Land Use Code to determine if lots that are outside in the Original Mapped Aspen Townsite qualify for a Lot Split Exemption under Growth. Management - Sunny Vann requested an interpretation of the land Use Code to determine if lots that are partially within the Original Mapped Aspen Townsite qualify for a Lot Split Exemption under Growth Manaizeriment. DISCUSSION: The Original Aspen Townsite 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 Iand 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 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. P233 The Growth Management Exemption provisions for Lot Split parcels, Section 26.470.070(I) allows exemptions for the development of one detached residential dwelling on a vacant lot within the orivinal mappedAspen Townsite, formed by a.lot split granted subsequent to November 14, 1917 pursuant to Section 26 480.030(,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 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 Growth 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 Growth 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 lvlanagement Exemptions — vacant lot within the Original Aspen Mapped 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 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 Growth 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 wrongly approved.. LNTERPRETATION: 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 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. P234 Lastly, it is my interpretation of the Land Use Code that the Growth Management Exemption . provision for vacant lots within the Ori.ainal'Mapped Aspen Towns' Subdivision Exemption only extend to those lots wholly within this lboundt� by a Lot Split partially within the boundary. ary and not 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 Council or as a separate agenda item. FIELD r,60TE -5 Cl TH E TOW F AS P F f\j ILA, 3 IN j 3 AC 3 -L Tq L,�- fo ID -,Ax V Su LR x Th �" C�1N � L Fi'� � p E � sc-ov- r A Jff� ' cp-r A 0 u 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 ProRgEW, Aspen, CO SCHEDULED PUBLIC HEARING DATE: 14 October, 2003 STATE OF COLORADO ) ) ss. County of Pitkin ) I, Stan. (F.L.) 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) oftheAspen Land Use Code in the following manner: ✓ 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 of letters not less than one inch in height. Said notice was posted at least fifteen (15) days rior to the public hearing and was continuously visible from the)�Vday of Cr- y—%l-1 rur12- 200to and including the date and time of the public hearing. A photograph o the 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 -governmental 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 oxmers and governmental agencies so noticed is attached hereto. (continued on next page) jj 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 of a 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. Signa The foregoing "Affidavit of Notice" was acknowledged before me this 3`d 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 ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL Smooth Feed SheetsTM • • Use template for 51600 PASCO PROP LLC PICARD DEBORA J PINES LODGE DEVELOPMENT LLC SMITH PATRICK A 601 S MONARCH #3 960 E DURANT AVE #7 P O BOX 688 ASPEN, CO 81611 ASPEN, CO 81611 BLOOMFIELD HILLS, MI 48303 PRITCHARD BARBARA M 50% REED LYNN W ROARING FORK PROPERTIES 333 E 75TH 2224 VIA SEVILLE RD NW 5055 26TH AVE NEW YORK, NY 10021 ALBUQUERQUE, NM 87104-3096 ROCKFORD, IL 61109 ROBLES ENRIQUE ALVAREZ SAVANAH LP SCHAYER CHARLES M III ALVAREZ CRISTINA 13530 BALI WAY 588 S PONTIAC WAY SIERRA GORDA #340 MARINA DEL REY, CA 90292 DENVER, CO 80224 LOMAS CHAPULTEPEC MEXICO DF MEXICO, 11000 SCHROEDER C M JR SHEFFER BARBARA & DOUGLAS SILVERMAN MARC A & MARILYN L SCHROEDER BETTY ANN PO BOX 250 937 DALE RD 3629 ROCKBRIDGE RD ASPEN, CO 81612 MEADOWBROOK, PA 19046 COLUMBIA, SC 29206 SLT ASPEN DEAN STREET LLC SMITH RONA K SOUTH POINT CONDOMINIUM C/O STARWOOD HOTELS & RESORTS 1742 HILLSIDE RD ASSOCIATION TRUST STEVENSON, MD 21153 205 E DURANT AVE #2F 2231 E CAMELBACK RD STE 410 ASPEN, CO 81611 PHOENIX, AZ 85016 SOUTHPOINT-SUMNER CORP SPAULDING RICHARD W & THOMPSON STEINER DONALD R 4828 FORT SUMNER DR ELEANOR M 5536 SILVER RIDGE DR BETHESDA, MD 20816 AS JT TENANTS STONE MOUNTAIN, GA 30087 PO BOX 292 CONCORD, MA 01742 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 80123 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 WUGALTER JOEL 3200 NORTH OCEAN BLVD #909 FT LAUDERDALE, FL 33308 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 D P O BOX 125 TETON VILLAGE, WY 83025 ZALE MILTON TRUSTEE 3824 N ASHLAND AVE CHICAGO, IL 60613 V—V,31AVERY@ Address Labels Laser 5160® Smooth Feed SheetSTM • Use template for 5160® 0 ALYEMENI MOHAMMED & ALICE BAKER CHARLES E JR 50% BATES NATHANIEL B TRUST 819 LINWOOD RD 333 E 75TH PO BOX 9909 MOORESVILLE, NC 28115 NEW YORK, NY 10021 ASPEN, CO 81612 BENT FORK LLC BERHORST JERRY C/O FESUS GEORGE BOUNDY RICHARD R BERHORST CAROLE P 0 BOX 9197 906 W SUGNET RD 7161 LINDENMERE DR ASPEN, CO 81612 MIDLAND, MI 48640 BLOOMFIELD HILLS, MI 48301 BRIGHT GALEN BROWN EDWARD L CALKINS GEORGE W PO BOX 1848 PO BOX 2604 5100 E QUINCY AVE ASPEN, CO 81612 NAPERVILLE, IL 60566 ENGLEWOOD, CO 80110 CHU FAMILY TRUST 2/3 INT CITY OF ASPEN COHEN ARTHUR S LU NANCY C 1/3 INT 130 S GALENA ST IBSEN 72 38 CORMORANT CIR ASPEN, CO 81611 MEXICO CITY MEXICO, 11560 NEWPORT BEACH, CA 92660 COHEN FAITH HARTMAN UND 1/2 INT CRISTOL STANLEY J CROW MARGERY K & PETER D 2865 NE 24TH CT 2918 3RD ST 46103 HIGHWAY 6 & 24 FT LAUDERDALE, FL 33305 BOULDER, CO 80304 GLENWOOD SPRINGS. CO 81601 CYS RICHARD L AND KAREN L DIXON R MC FARLAND DOLINSEK FRANK JR 5301 CHAMBERLIN AVE 3141 HOOD ST 619 S MONARCH ST CHEVY CHASE, MD 20815 DALLAS, TX 75219 ASPEN, CO 81611 DOLINSEK JOHN DONCER JOYCE TRUST DONCER JOYCE TRUSTEE FOR THE 619 S MONARCH ST 7641 W 123RD PL DONCER JOYCE L TRUST ASPEN, CO 81611 PALOS HEIGHTS, IL 60463 7641 W 123RD PL PALOS HEIGHTS, IL 60463 EVANS DAVID COURTNEY FAIRHOLME INVESTMENTS LTD FAULKNER JOHN L PO BOX 952 C/O MARINI & ASSOCIATES 2433 ROCKINGHAM ST ASPEN, CO 81612 TWO S BISCAYNE BLVD STE 3580 ARLINGTON, VA 22207 MIAMI, FL 33131 FREIRICH MARK A GLAUBINGER LAWRENCE D & GLICKMAN EDWIN C PO BOX 774056 LUCIENNE 2322 LAZY 0 RD STEAMBOAT SPRINGS, CO 80477 P 0 BOX 3567 SNOWMASS, CO 81654 HALLANDALE, FL 33008-3567 GOLDSMITH ADAM D GRAHAM MAUREEN GREINER JERRY M PO BOX 9069 538 VERNON HEIGHTS BLVD GREINER TERESA U ASPEN, CO 81612 MARION, OH 43302 1401 ROSELAWN WEST ROSEVILLE, MN 55113 IV-31AVERY@ Address Labels Laser 5160@ Smooth Feed SheetsTM Use template for 51600 GROOS NICHOLAS D HARTMAN CHRISTINA M UND 1/2 INT 210 N INDUSTRIAL PARK RD 2865 NE 24TH CT HASTINGS, MI 49058 FT LAUDERDALE, FL 33305 HILL CLAUDIA R 1/2 3910 S HILLCREST DR DENVER, CO 80237 HOTEL DURANT 122 E DURANT ASPEN, CO 81611 J & E HANSEN LLC C/O EDWARD HANSEN 204 E DURANT AVE ASPEN, CO 81611 KLEINER JOHN P 55 SECOND ST COLORADO SPRINGS, CO 80906 LE CHARD ALLAN P LE CHARD SIDNEY ANN 1002 BUCKINGHA-M 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 HILL EUGENE D 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 421 WARWICK RD KENILWORTH, IL 60043 LIMELITE 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 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 LIMELITE 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 LTD 1575 PONCE DE LEON FORT LAUDERDALE, FL 33316 OCONNOR ROBERT W & CATHERINE L 51719 BRITTANY COURT GRANGER, IN 46530 V AVERY® Address Labels Laser 5160 Smooth Feed SheetsTM • ZOLLER LAWRENCE & HELEN 50.8% C/O STEPHEN ZOLLER 1032 TIA JUANA ST LAGUNA BEACH, CA 92651 Use template for 5160@) OEMAVERY@ Address Labels Laser 5160n 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 Kahn Klanderud. Mayor Aspen City Council Published in the Aspen Times on September 27, 2003 City of Aspen Account • E ATTACHMENT' AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE S �+ ADDRESS OF PROPERTY: � � ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: 200 STATE OF COLORADO ) ) ss. County of Pitkin ) I, �l Get �'�'�s �1'LA J k (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) of the Aspen Land Use Code in the following manner: 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 of letters 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 of the public hearing..A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Comiunity 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 -governmental 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) 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 of a 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 su�'� The foregoing "Affidavit of Notice" was acknowledged befor me this day of �� , 200�, by (ice--� WITNESS MY HAND AND OFFICIAL SEAL ` My commission expires: .� Y PUg Notary Public o ON S : p tp� • :OQ� TF :CF ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN LIST OF TAE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL PUBLIC NOTICE RE: CHART HOUSE (219 E. DURANT AVE.) SUBDI- VISION EXEMPTION. LOT SPLIT AND GMQS EX- EMPTION FOR A LOT SPLIT NOTICE IS HEFEBY 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 Ga- lena Street. Aspen, Colorado in the City Council Chambers Room, to consider an application sub- mitted by Balderson/ Cabell, LLC requesting ap- proval 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, P:ock 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 De- partment, 130 S. Galena St.. Aspen. CO (970) 920- 5095, jamesl®ci.asl:en.co.us. s/Helen Kalm Klanderud, Mayor Aspen City Council Published in The Aspen Times on September 27. 2003.(0820) • 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 I am writing this letter to express my concern with respect to the proposed subdivision exemption for the Chart House (219 E. Durant Ave.) I 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. I would request that the developer be restrained from tearing down any of these trees. In addition, the size of any structures which are proposed upon this property is a concern. I 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. I would hope that any development which is approved takes into account the importance of maintaining a quiet residential neighborhood. Sincerely, �,.10 Mark A. Freirich r-qm ASPEN, Q 81611 Postage $ %iv+ UNIT III: M 17-1 a Certified Fee 2, "D � p p Return Reciept Fee Postmark Here 7#5 (Endorsement Required) p Restricted Delivery Fee Clerk.: RMXM r-q (Endorsement Required) Q p � �. �' 03 ^ Q9/18, U Total Postage & Fees $ 1 m pp f/1 ntTo5C J I . G C1Q �` Street, Apt No.: or PO Box No. ZG� 1- --------------------- ...... City, State,ZP+4 PS Form :rr June 2002 Certif�Mail Provides: (asjanay) yppy aunr'oo� sd ■ A receipt ■ A u dentifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mailer or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted -Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 5 -av� ZOO F-. ML A. Received by (Please Print Clearly) B. Date MjWivery -/ -Q3 C. S ture X ❑ A ent ❑ Addressee D. Is deliv(Ky address differ t from item l? ❑ Yes If YES, enter delivery a ress below: ❑ No SEP 2 2 2003 AbFLN 3. Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise O Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) 7a)3 jdl0 000 143l3 COI a PS Form 3811, July 1999 S 0 Domestic Return Receipt 102595-99-M-1789 ED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Lj 'IJ1 • September 17, 2003 Stan Clauson Stan Clauson Associates, LLC 200 E. Main Street Aspen, CO 81611 1 140 ... , & W -�, S�,, .co y 1 03 7003 1010 0001 4313 6161 RE: GMQS Exemption for.Proposed Chart House Lot Split Dear Stan: ASPEN/PM<IN COMMUNm DEVELOPMENT DEPARTMENT 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(I) requires that a property applying for said exemption be within the original mapped Aspen Townsite. The "Original Aspen Townsite" is defined in Land Use Code Section 26.104.100, Definitions_as as being "land depicted on . the. City 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; 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 Printed on Recycled Paper • • ASPENIPITKIN COLwTY CONEMU ITY DEVELOPNIENT DEPARTMENT CODE INTERPRETATION JURISDICTION: APPLICABLE CODE SECTION: EFFECTIVE DATE: WRITTEN BY: APPROVED BY: City of Aspen Section 26.470.070(I) GMQS Exemptions — Lot Split, Section 26.480.030 (A)(2) (Subdivision — Exemption — Lot Split) September 8, 1999 Chris Bendon, Planner DATE: 9z/:!�w?9 SUNINIARY: 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 if lots that are outside in the Original Mapped Aspen Townsite qualify for a Lot Split Exemption under Growth Management. Sunny Vann requested an interpretation of the land Use Code to determine if lots that are partially within the Original Mapped Aspen Townsite qualify for a Lot Split Exemption under Growth Management. DISCUSSION: The Original Aspen Townsite 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 plat is 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 Tmvnsite. The Growth Management Exemption provisions for Lot Split parcels, Section 26.470.070(I), allows exemptions 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, 1977pursuant 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 Growth 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 Growth 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 1fapped 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 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 Growth 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 Iots 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, I 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. C, • 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 w-holIy 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 Council or as a separate agenda item. • *STAN CLAUSON ASSOCIATES, LLC 9 September 2003 Mayor and City Council City of Aspen 130 S. Galena Street Aspen, Colorado 81611 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 WEB: www.scaplanning.com 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 Iong-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 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 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.£ 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 SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS • • 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 for the LT/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 LT/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 LT/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 Klanderud 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 financing 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 of leveraging 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 • 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 Iot 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. I hope that it helps to know this. I further hope we might try to give the best and kindest characterization to one anther's intentions, even when we might disagree. Very truly yours, ,��A7 - Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES. LLC Cc: Herb and Marcy Balderson MEMORANDUM TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Director FROM: James Lindt, Planner 1- RE: 219 E. Durant Avenue (Chart House) Subdivision Exemption Lot Split — 1st Reading of Ordinance No.49, Series of 2003 DATE: September 8, 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 l(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 1-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. Area of Proposed Lot 1 A Photo Above: Area proposed as Lot 1 of the Chart House Lot Split. Photo Above: Area proposed as Lot 2 of the Chart House Lot Split. -1- 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 staffs 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 of the 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 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 26.470.070(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 1 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 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. 3 • 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): "I move to approve Ordinance No., Series 2003, approving upon first reading, a Subdivision Exemption for a Lot Split to create Lot 1 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 i • ORDINANCE No. `t iK (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 1 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 1 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 of the Aspen Municipal Code, the Subdivision Exemption Lot Split for the property to be known and described as Lots 1 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: 1. 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 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 1 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 1 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 1 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. fipcfinn 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 S! 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 Approved as to form: John Worcester, City Attorney Helen Kalin Klandcrud, Mayor 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 1 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 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. 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)(1)(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 1 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 of the 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. 3 • C7A 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. it Land Detail • C Page 1 of 1 Pitkin County Assessor Land Detail Information Assessor/Treasurer Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Parcel Detail I Sales Detail I Value Detail I Residential/Commercial Improvement Detail AccountNumber R 0007 Land Occurrence 1 Characteristics Property Class: JISPEC. PURPOSE LAND Land Size: 12000 Neighborhood: 11COA COMMERCIAL "B" Super Nbad: ASPEN COMMERCIAL Top of Page Assessor Database Search Options I Treasurer Database Search Options Clerk & Recorder Database Search Options Pitkin County Home Page 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 information herein contained. Copyright © 2003 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/Land.asp?AccountNumber=R000072 08/ 12/2003 Parcel Detail Page 2 of 3 Number of Residential Buildings: I0 Number of Comm/Ind Buildings: 1 CommerciaUlndustrial Building Occurrence 1 Characteristics SPECIAL PURPOSE FIRST FL: 116,165 Total Area: 6,165 Property Class: JISPEC. PURPOSE -IMPROVEMENT Actual Year Built: 1954 Effective Year Built: 1985 Quality of Construction: GOOD -BASE Exterior Wall: JIGOOD BASE Interior Wall: GOOD -BASE Neighborhood: COA COMMERCIAL "B" Tax Information Tax Year Transaction Type Amount 1997 Tax Amount 19,580.64 1997 Tax Amount 95.85 1997 Tax Payment: Whole ( 19,580.64) 1997 Tax Payment: Whole 1998 Tax Amount 95.85 1998 Tax Amount 19,295.62 1998 Tax Payment: Whole ( 19,295.62) 1998 Tax Payment: Whole 1999 Tax Amount 95.85 1999 Tax Amount 17,846.78 1999 Tax Payment: Whole 1999 Tax Payment: Whole ( 17,846.78) 2000 Tax Amount 95.85 2000 Tax Amount 19,982.16 2000 Tax Payment: First Half 2000 Tax Payment: First Half (9,991.08) 2000 Tax Payment: First Half 0.01) 2000 Tax Payment: Second Hal (47.92) 2000 Tax Payment: Second Hal (9,991.08) 2001 Tax Amount $95.85 2001 Tax Amount 22,1 18.82 2001 Tax Payment: First Ha (1 1,059.41) 2001 Tax Payment: First Ha (47.92) 2001 Tax Payment: Second Hal (47.92) 2001 Tax Payment: Second Hal (11,059.41) http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R000072 08/12/2003 MEMORANDUM TO: Plans were routed to those departments checked -off below: X ........... City Engineer 0 ........... Zoning Officer 0 ........... Housing X ........... Parks Department X ........... Aspen Fire Marshal X ........... City Water X ........... Aspen Consolidated Sanitation District 0 ........... Building Department X ........... Environmental Health 0 ........... Electric Department 0 ........... Holy Cross Electric 0 ........... City Attorney X ........... Streets Department 0 ........... Historic Preservation Officer 0 ........... Pitkin County Planning TO: DRC Representatives FROM: James Lindt, Planner 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 0 • CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aarcement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties 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 application 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review 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 By: Julie Ann Woods Community Development Director g:lsupport\i'orms\agrpaya&doc 1/10/01 APPLICANT Date: 7— �K/b � Mailing Address: KTANFMW RECM CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for (hereinafter, TIE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY fiuther 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 application. 4. CITY and APPLICANT fiuther agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual APPLICANT recorded costs exceed the initial deposit, T shall pay additional monthly billings to CITY to reimburse the CITY 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 By: Julie Ann Woods Community Development Director g:lsupport\formslagrpayas.doc 1/10/01 APPLICANT 1WW1FJWff4Z � i Date: 7— :7q,—d 1) Mailing Address: $ ett 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, j amesl@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 WEB: www.scaptanning.com 31 July 2003 James Lindt, Planner City of Aspen Community Development Department 130 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 DESIGN 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 Attachments: 1) 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 ATTACHMENT 1—LAND USE APPLICATION APPLICANT: Name: Balderson/Cabell, LLC c/o Herb Balderson, Managing Partner Location: 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) Parcel ID # (REQUIRED) 2735-131-06-002 REPRESENTATIVE: Name: Stan Clauson Associates, LLC Address: 200 E. Main Street, Aspen, CO 81611 Phone #: 970 920-2323 PROJECT: Name: Chart House Lot Split and GMQS Exemption Address: 219 E. Durant Avenue, Aspen, CO 81611 Phone #: N/A TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ® GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ® Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ® Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ T Amendment • EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) The Chart House Restaurant currently exists on the property. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 0 The applicant requests a Subdivision Exemption, Lot Split to divide the existing property into two identical 6,000 square 0 foot parcels (consisting of Lots 6 and 7 and the other of Lots 8 and 9). The applicant also requests a GMQS Exemption 0 to construct a duplex on the fathering parcel and a single-family residence on the newly created parcel 0 Have you attached the following? FEES DUE: $1,445 0 ® Pre -Application Conference Summary 0 ® Attachment # 1, Signed Fee Agreement ® Response to Attachment 0, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 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: L/TR Lot Size: 12,000 sq. 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): Existing: 6,165 Proposed.• Number of residential units: Existing: 0 Proposed: Number of bedrooms: Existing: N/A Proposed: Proposed % of demolition (Historic properties only): N/A Dimensions: I 3 not determined Floor Area (sq. ft.): Existing: 6,165 Allowable: 12,000 Proposed.• sfr=3,240 duplex=3,600 Principal bldg. height: Existing: 28 fr- Allowable: 28 ft. Proposed.• 28 ft. Access bldg. height: Existing: N/A Allowable: 25 tt 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 F/R: 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 Existing non -conformities or encroachments: The current structure extends beyond the property lot line in the front rear, and east side yard Variations requested: N/A Attachment 3 Pro_i ect 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 Resort Offered below are responses to relevant standards as identified in the Land Use Code: 1. Responses to Section 26.480.030 (A)(2) Subdivision Exemption, Lot split 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. 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 (B). Response: One additional lot will result from the lot split and both lots will conform to the requirements of the L/TR zone district. Chart House Lot Split and GMQS Exemption Land Use Code Standards, Page 1 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)(1)(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. 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. Responses to Section 26.470.070 (B) GMQS Exemption for a Duplex Dwellinp, Unit The following shall be exempt from the growth management scoring and competition procedures: 1) 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 affordable 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 Balderson/Cabell, 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, 74�a�se-- Herb Balderson, Managing Partner Balderson/Cabell, LLC !'1�7:�AP�1?Lu�, 2� American Land Title Associatiou Commits w, —Modified 3/7S ATTACHMENT 5 COtiiMITMENT FOR 7IT 9 INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY Order Number: 41528 STEWART TITLE GUARANTY COMPANY; a Texas Corporation, herein called the Company; for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgage of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the preaniuma and charges therefore; all subject to the provisions of Schedules A snd B and to the Conditions and Stipulations hereof This Commitment shall btclha� have inserted the n Schedule A herproposed eof byInsured the Company, the amount either at the policy or policies eonunitd for time of the issuance of this ComTA-am r►t or by subsequent endorsement. The Commitment is prelimirwy to the issuance or such policy or policies of title insurance and all liability and obligations hereunder shall ceUe and terminate six months after the effective date hereof or when the policy or policies eoinmitted for shall issue, whichever first occurs, provided that the f✓.ilure to issue such policy or policies is not the fault of the Company - Signed under seal for the Company, but this Commitment shall not be valid or binding until it beats an authorized Countersignature• IN Wj NESS WHEREOF, Stewart Title Guaranty Company te has in Schedule A. name and seal to be hereunto affixed by its duly authorized ofiieors on t STEWART TITLE GUARANTY COMPANY $; t •fv �O C< Pra. 'I t dlano eE tLe Boas � �= 190& 0 TFX psi 1SCr5 ed: Authorized Countersignature Stewart Title of Aspen, Inc. 620 Hasp Ilopkins Avenue. Aepcn, CO 81611 (97U) 92S-3577 Order Number: i of 2 Commitment for 7 UL. 25. 20057AMFM ALINE BANK APENSPEN CE NO. 265i533 G. 3/i0 UU1VA1V11.11vjz ,r .i rUR TITLE INSURAN SC14EDULE A Order Number. d1528 1, Effective Date: July 17, 2003 at 7.30 aam, �. policy or Policies To Be Issued: ( ) Amount; ALTA (1992) 0Wr1Ves Policy ( ) Premium: Standard ( ) Extended Amount: s150,000.00 (X) ALTA 1992 Loan Policy Premium: $627.00 (X) Standard ( ) F-xt=- ded Proposed Insured: Alpine Barat its successors and/or`assigns 3. The estate or interest in the land described or referred to in this Commitment and covered herein is. - Fee Simple 4. Title to the estate or interest in said land is at the effective date hereof vested in: i BatdersoiL/Cabell LLC 5. The land referred, to iu this Commitment is described as follows. Lots 6, 7, 8, and 9, Block 3, EAMES ADDITION TO THE CITE-' AND TOWNSITE OF ASPEN County of pitkin, State of Colorado Statement of ChGnes Policy premiums shown above, and any charges shown below ere due arld payable before a policy can be issued.. Standard Rate Tax Certificate $ 20.00 G $Aaminer Name: Chuck Dorn JUL, 2�. 20031I 7, 58AMA ALPiNLE SANK A �F'!�E,: NO. 265 1.1 33 P. 2 4/1G 6 L. A.v v J J. ', u 6111, 1� I r J i v SCHEDULE B — Section I REQUIREMENTS Order Number: 41528 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured, Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. The following is required with respect to Baldorson/Caboll LLC, a * Limited Liability Company, a. Satisfactory evidence fumished by the S ecretary of State in which Articles were filed, confirming that said Limited Liability Company is in good standing, (i.e., Certificate of Good Standing, or copy of Articles of Organization bearing file stamp from the Secretary of State.) b, Copy of the Articles of Organization of said Limited Liability Company. c, Copy of the Operating Agreement of said Limited Liability Company, NOTE: If any Managers are tliemselves partnerships trusts, limited liability compatliea or corporations, additional requirements will be accessary. 2. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan, 3. Indemnity and Affidavit as to :Debts. Lions arid, Leases, duly executed by the borrower and approved by Stewart Title of Aspen, Inc. JUL, 25, 2003 7:58AM A! I Nr BANK A: N NO, 265. �, 4 L V VJ �.�� ,� �,.,,,,,, �,_� �WP�NIVV, V)33 5/10 SCHEDULE B — Section 2 EXCEPTIONS Order Number: 41528 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shovm by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter fumi-shcd, imposed by law and not shown by the public records. 5, Defeats, liens, encumbrances, adverse cla•;zns or other matters, if any. created, first appearing in the public records or attaching subsequent to the effective date hereof; but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or cxceptions in patents, or an 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 inclusions in any general or -specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. Right of the proprietor of a vein or lode to extract atd remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby prated, as reserved in United States Patent recorded August 26, 1949 in Book 175 at Page 298. 9. Yenns, conditions, obligations and provisions of Agreement by and between the City of Aspen and Robert Baxley as set forth in instrument recorded Septombcr 3, 1976 in Book 316 at Page 235 at Page 235 as Reception No. 186764. 10, Terms, conditions, obligations and provisions of Declaration of Covenants. Restrictions and Conditions as set forth in instrument recorded March 16, 1987 in Book 531 at Page 345 as Reception No. 286839, ���L'J. 2003, 759A1M, ALEANAC_PE%?6NNO. 265P.1JVL. J J I II L"inI\I I i1VIVU. U)33 r 1 J 6/10 11, Terms, conditions, obligations and provisions of Revocable Encroachment Agreement by and between the City of Aspen end Balderson/Cabell LLC as set forth in instnunent recorded November 6, 1997 as Reception No, 410362. 12, Terms, conditions, obligations and provisions of Revocable Encroachment License Agreement by and between the City of Aspen and Chart House Enterprises as sat forth in instrument recorded July 14, 1999 as Reception No, 433366. 13. Any and all Leasehold intezests, NOTE: Colorado Division of Insurance Regulations 3.5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from: the transaction which was closed." Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Policy when issued. M NOTE; Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth in the ALTA 1592 Policy form. Copies of the 1992 form Policy Jaekot, sotting forth said terms, conditions and exclusions, will be made available upon request. • JUL. 2;- 2003 7:,9AM Al PINE SANK AS�F_V,� A N0. 265 6 • LL• LUV.I Jai ir� ui _rrnn 6L nu•[N 33 7/10 • DISCLOSURES • • • Pursuant to C.R.$ • 10.11-122, notice is hereby given that: • A. Tho subj eet real property may be located in a Special Taxing District; • B, A Certificate of Taxes due listing each taxing jurisdiction shall be obtained form the County Treasurer or the County • • Treasurer's authorized agent; • C. Information regarding Special Districts and the boundaries of such districts maybe obtained from the Board of • County Commissioners, the County Clerk and Recorder, or the County Assessor. • • Note:. Colorado Division of Insurance Regulations 3.5.1, Paragraph C of Article VII requires that "Every title entity • • shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity • conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction • which was closed." Provided that Stewart Title of Aspen.. Lrc, conducts the closing of the insured transaction and • ie responsible for recording the legal documents from the transaction, exception number 5 will not appear on the O Amer's Title Policy and the Lender's Title Policy when iffsued. • • Moto: Affirmative Mechanic's Lien Protection for the Owner may bo available (typically by deletion of Exception No. 4 • of Schedule B, Section 2 of the Commitment form 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 single family residence, which includes a • condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the • land described in Schedule A of this Commitment within the past G months. • C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's • and materlalmen's liens. • D. The Company must receive payment of the appropriate prcmiuin. • • E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, • within six months prior to the Date of Commitment, the requirements to obtain coveraga for unrecorded • liens will include: disclosure of certain constriction information; financial information as to the seller, the • builder and/or the contractor; payment of the appropriate premium,- fully executed Indemnity agreements • satisfactory to the company; and, any additional requirements as may be necessary after an examination 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. • NOTMNG HEREIN CONTAINED WILL BE DTEM'ED TO OBLIGATE THE COMPANY TO PROWE ANY • OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY • SATISFIED. • • bile Numbers 41528 stewm,, Tide ur!upon, lne. • [)��oleeuros • Page 1 of 1 • • JUL. 2�. 2003: 3:00AN� A! PINE BA,!V�( ASPE\IDEN NC.�26533 F,. 1 VVV, LL. I.V VJ J. JJI fi vl �... ii,. /,/IO PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaf iliated third 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 categories of persons or entities to whom it may be disclosed, In complianoe with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title of Aspen, Inc.. We may collect nonpublic personal information about you from the following sources; • Information we receive from you, such as on applications or other forazs, • Information about your transactions we secure from our files, or from our affiliates or others. • lnfonnation we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as oompanies engaged in banking, consumer finance, securities and insurance, Non -financial companies such as envelope staffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL MORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. Wo maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. F aNulnben A1528 StcwvtThicofAMrkW (ne. Privacy Poiiay Notlec Pagc 1 of 1 t; COOPE Irma==, �P 1 AIL -A MEME� W119 6 16 17 18 20 22 24 1 23 25 26 28 30 34 9 32 35 38 41 45 52 39 43 48 53 57 61 64 •ST 49 M 0 75 150 N I e I Feet This mapldrawing/image is a graphical representation of the feature.- depicted and is not a legal representation The accuracy may change depending on the enlargement or reduction Copyright 2003 City of Aspen/Pitkrn County 31 33 36 37 40 42 47 51 44 46 50 54 56 58 50 D 56 N 59 62 63 65 66 58 0 70 72 M 67 69 71 73 74 76 Z ch DEAN-ST 79 80 81 82 83 84 78 85 86 Willoughby Park 87 88 99 90 g, GIL•BER•T--ST One P rk MI F-j ATTACHMENT 6 1 Wagner Park URANT A ATTACHMENT 7 IDENTIFIER PARCELNB OWNERNAME 1 273718220851 CITY OF ASPEN 2 273513104003 KING RICHARD & LAUREN 3 273513105001 LIMELITE INC 4 273718219001 LIMELITE INC 5 273513104004 HOTEL DURANT 6 273513104005 PINES LODGE DEVELOPMENT LLC 7 273513138001 ALYEMENI MOHAMMED & ALICE 8 273513138002 J & E HANSEN LLC 9 273513138805 TOWNE PLACE OF ASPEN CONDO ASSOC 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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 DOLINSEK FRANK JR 273513118002 DOLINSEK JOHN • Smooth Feed SheetsT"' Use template for 51600 • • • ALYEMENI MOHAMMED & ALICE BAKER CHARLES E JR 50% BATES NATHANIEL B TRUST • 819 LINWOOD RD 333 E 75TH PO BOX 9909 • MOORESVILLE, NC 28115 NEW YORK, NY 10021 ASPEN, CO 81612 • • • BENT FORK LLC BERHORST JERRY BOUNDY RICHARD R • C/O FESUS GEORGE BERHORST CAROLE 906 W SUGNET RD P 0 BOX 9197 7161 LINDENMERE DR MIDLAND, MI 48640 ASPEN, CO 81612 BLOOMFIELD HILLS, MI 48301 • • BRIGHT GALEN • BROWN EDWARD L CALKINS GEORGE W PO BOX 1848 PO BOX 2604 5100 E QUINCY AVE • ASPEN, CO 81612 NAPERVILLE, IL 60566 ENGLEWOOD, CO 80110 • • • CHU FAMILY TRUST 213 INT • LU NANCY C 1/3 INT CITY OF ASPEN COHEN ARTHUR S • 38 CORMORANT CIR 130 S GALENA ST ASPEN, CO IBSEN 72 MEXICO CITY MEXICO, 11560 NEWPORT BEACH, CA 92660 81611 • • • COHEN FAITH HARTMAN UND 1/2 INT CRISTOL STANLEY J CROW MARGERY K & PETER D 2865 NE 24TH CT 2918 3RD ST 46103 HIGHWAY 6 & 24 • FT LAUDERDALE, FL 33305 BOULDER, CO 80304 GLENWOOD SPRINGS, CO 81601 • • • •CYS RICHARD LAND KAREN L DIXON R MC FARLAND DOLINSEK FRANK JR 5301 CHAMBERLIN AVE 3141 HOOD ST 619 S MONARCH ST •CHEVY CHASE, MD 20815 DALLAS, TX 75219 ASPEN, CO 81611 • • • •DOLINSEK JOHN DONCER JOYCE TRUST DONCER JOYCE TRUSTEE FOR THE 619 S MONARCH ST 7641 W 123RD PL DONCER JOYCE L TRUST *ASPEN, CO 81611 PALOS HEIGHTS, IL 60463 7641 W 123RD PL PALOS HEIGHTS, IL 60463 • • • EVANS DAVID COURTNEY FAIRHOLME INVESTMENTS LTD FAULKNER JOHN L BOX 952 C/O MARINI & ASSOCIATES TWO TWO S BISCAYNE BLVD STE 3580 2433 ROCKINGHAM ST :PO ASPEN, CO 81612 ARLINGTON, VA 22207 FL 33131 • • •FREIRICH MARK GLAUBINGER LAWRENCE D & GLICKMAN EDWIN C O BOX 774056 LUCIENNE 2322 LAZY 0 RD STEAMBOAT SPRINGS, CO 80477 HALLA DALE, FL 33008-3567 SNOWMASS, CO 81654 • *GOLDSMITH ADAM D GRAHAM MAUREEN GREINER JERRY M O BOX 9069 538 VERNON HEIGHTS BLVD GREINER TERESA U .SPEN, CO 81612 MARION, OH 43302 1401 ROSELAWN WEST ROSEVILLE, MN 55113 • • • �� ►.VERY0 Address Labels Laser 51600 • Smooth Feed SheetsTti) • • • GROOS NICHOLAS D • 210 N INDUSTRIAL PARK RD • HASTINGS, MI 49058 • • • HILL CLAUDIA R 1/2 • 3910 S HILLCREST DR DENVER, CO 80237 • • • HOTELDURANT 122 E DURANT • ASPEN, CO 81611 • • • J & E HANSEN LLC • C/O EDWARD HANSEN • 204 E DURANT AVE • ASPEN, CO 81611 • • • 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 9326 MIDLAND AVE #207 •ASPEN, CO 81611 • • •MULKEY DAVID A DR TRUSTEE 02860 AUGUSTA DR •LAS VEGAS, NV 89109 • • • /IM AVERY@ ;address Labels HARTMAN CHRISTINA M UND 1/2 INT 2865 NE 24TH CT FT LAUDERDALE, FL 33305 HILL EUGENE D 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 421 WARWICK RD KENILWORTH, IL 60043 LIMELITE 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 0 NEAL PROPERTIES LLC 205 E DURANT AVE ASPEN, CO 81611 Use template for 51600 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 LIMELITE INC PAAS LEROY G 228 E COOPER AVE ASPEN, CO 81611 MCGONNELL THOMAS W & KAY L 3814 OAKHILLS BLOOMFIELD HILLS, MI 48301 MSE ASPEN HOLDINGS LTD 1575 PONCE DE LEON FORT LAUDERDALE, FL 33316 OCONNOR ROBERT W & CATHERINE L 51719 BRITTANY COURT GRANGER, IN 46530 Laser 5 1S0® • Smooth Feed Sheets7VI • • • PASCO PROP LLC • SMITH PATRICK A P 0 BOX 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 CHAPULTEPEC MEXICO DF • MEXICO, 11000 • SCHROEDER C M JR • SCHROEDER BETTY ANN • 3629 ROCKBRIDGE RD • COLUMBIA, SC 29206 • • SLT ASPEN DEAN STREET LLC • C/O STARWOODD-HOTELS & RESORTS • TRUST 2231 E CAMELBACK RD STE 410 • PHOENIX, AZ 85016 • • •SOUTH POI NT-SUMNER CORP 4828 FORT SUMNER DR • BETHESDA, MD 20816 • • •TAROCH HOLDINGS LTD •C/O PATRICK D MCALLISTER PC 0210 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 • • ONOW LIFT ONE LLC db5863 SHASTA CR - ITTLETON, CO 80123 • • • �� VERYID address Labels PICARD DEBORA J 601 S MONARCH #3 ASPEN, CO 81611 REED LYNN W 2224 VIA SEVILLE RD NW ALBUQUERQUE, NM 87104-3096 SAVANAHLP 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 Use template for 51600 PINES LODGE DEVELOPMENT LLC 960 E DURANT AVE #7 ASPEN, CO 81611 ROARING FORK PROPERTIES 5055 26TH AVE ROCKFORD, IL 61109 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 SPAULDING RICHARD W & THOMPSON STEINER DONALD R ELEANOR M 5536 SILVER RIDGE DR AS JT TENANTS STONE MOUNTAIN, GA 30087 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 WUGALTER JOEL 3200 NORTH OCEAN BLVD #909 FT LAUDERDALE, FL 33308 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 D P0BOX 125 TETON VILLAGE, WY 83025 ZALE MILTON TRUSTEE 3824 N ASHLAND AVE CHICAGO, IL 60613 Laser 51600 Smooth Feed Sheets-, M Use template for 5160® ZOLLER LAWRENCE & HELEN 50.8% C/O STEPHEN ZOLLER 1032 TIA JUANA ST LAGUNA BEACH, CA 92651 �� AvErz'l® ;address 1 abets Laser 5160 ATTACHMENT 8 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER James Lindt, 920-5095 DATE: 7.18.03 PROJECT: 219 E. Durant (Chart House) Lot Split REPRESENTATIVE: Stan Clauson OWNER: Balderson TYPE OF APPLICATION: One step. Subdivision Exemption for a Lot Split, GMQS Exemption. DESCRIPTION: The Applicant wishes to split the 12,000 SF parcel into two separate parcels for the construction of a single-family residence and a duplex. As was discussed during the pre - application conference, 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. Therefore, without the change -in -use, the Applicant must provide employee housing mitigation for 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(B) GMQS Exemptions Review by: Staff for Completeness, DRC for technical information, City Council for Final Decision via an Ordinance.. Public Hearing: Yes, City Council 2nd Reading of Ordinance. Referral Agencies: Engineering Planning Fees: Planning Deposit ($1260) Referral Agency Fees: Engineering, Minor ($185) Total Deposit: $1445 (deposit covers 6 hours of Staff time, additional hours are billed at a rate of $210/hour) To apply, submit the following information: 1. 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 I I" 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 information 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 = 1/ea.; 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. Disclaimer. The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ArTA00"T 9 )EPOS I ' r-'F,?- 1 7 ! r-ATE DEPOSIrEt THIS _(AY Oi .;,W3 IN *icN, or 1-. 1:01.1" 5 LANC) RATIFY PLATS AT PAGE AS TECF- ICW K S .ANJ SU4V-.V PLAY CNi RriN 5:C'lON 34-1!-102 COILORNEII) REVISED -.yArUlEi OECTION 13 qrp. TORRSHII 0 30-TP, TIAN(IF ri REST A., 1. DKI 4' CAST IRON SE SCOME 4 91, ICSI!.rlll OF. 40 31 SICALE I IRON - 10 FEET 7- .99 EH -,OmtOiAl INTERVAL 15 1 FW ITTRETM Li;isr �E EN 'MY IL 0. Too 0 ROOF OVEURNANO 3-E Till N IS"EN 'S E Q-3 :RRE.T L:C--NSE 16 -FCE-T i : 49, 2- 66 !.ZS ZaI 07. i" A rT 14 .6", 440DE4 rAYWOREOCIAk 01-111TOS RE 'COP NkXKE" ! CAP R;l R -:111 Ar 'u ITEIS 24030, ON I.E. -4 I ')N CF4rIFIEO IC MONT, S ESI-2-1;. W 011fl^ 0 49RA t`E I R&G,IiTelio LANO 3---EY01 IN 714E STATE OF C(%04V,O DO -ER5111 (EPT- Ni.11 -IS lfEl I ,.,n Sve.,F,k` .DIUM `c TMILIAR Y, .:TIC3 IN, I1•Z Swo,wIT, jr 14 PROPERTY I EC.-.L I ASCRIBED NEReCO4 'I'D IS C34WC- 91SE9 ON THE -IEL% .MOWN AS F9Qc - PC. RND '-1 ..Eqc 5 COIF. I.:T% SHORTV'.ES IA QNi 8 IWO., ;II! ONP, EYCROC-EArIr OVERI.A-PIW, OF NPRCVEYHJ-j EPSE.Ilr-S OR Ol' .11 N A Il_C Lvf(il-';E OR ONORN M NE ETTI.V11 15 lIET*O- 514- Ul:t. 'ILI -I-- NO v'15 3LE 1-1.4'IFMIKCS -D O*Cl-,Erfll 11 AFC010 41 -,l,,SmEo ITY 'If 51041001 ARF ERCIP-El 7. S SFTI!IFICl ON 5 1-1 0 ;NLFSS TRE- -.1-11TO 91 rk Sf.. OF r-E Wl�TFY .Ail"T-T-i Mar -DE RLC 3 2-u� .1 IENM TOFICI .1 ..A I-. A .-ARv - .. 11 OF F-1. .1 w.. I.. .MY B- .1- N 1.11 +I-1 TS �.. - TE. 1.1 -1 TN - CEPT,f ""FA S MIX C" 0 yl 70.1 r 33' k% 4 tOp10 4, SE -A An EL CA sll5lE'rNTO NlL 0; !Waa L LICEISE PER RUIE"T .CW I o- Os Ll w7F. Siff, Cowfif re%,".1 104 REA, FENCE a C wo .4 . 2. ,TrO SFIW!CE I-EllEND & NOTES f FO,ftl, luWYEl M3NAWKI RFBAR A If, CAAS WTI 9 IfliTr. OR --A -L F.QYEl CONTAO, pa%uc Awcs; is EAST NETARr &vsNDE, `OXV FENCE WE:&- FENCE ictmic rRANsrr&mER ;L T I , , 8oO -mi3OT.-E SNOB COVERED C-LAR) AT TIRE OF S1.9VEI 'Et CIIANIER NO I INITIAM RE) CAP 61" MC M-'ORWA-014 A$ FURDISKI) BY CI4.CAGC IITtV XSURANCg COVIPANY -OW WENT .0 1269240 1AIE) -1 ­ 2M7 E EVAtION DREW -S ARBITRARY, BASED ON SET ' B.N. AS SWRT, . IIIIMR WEll- IS FOOT S17F fLEVAr*i0N Ii- a - T.923 ' SEA LEVEL FoEY °E; 5 1 1 W. -..2- S-1- - - -1- -E A, NO TOE' CALIPER SIZE AS NOIED CaOrNwOC* ALF5.5 "r(:D A - ASPEN CON IFI TREE C-1111 I.- 111 -111 "ll'"N gftEE-E TLlC.TlLD.I AS,"r.! WEPEFLAWED T 1.1 THE 10 RY T-E.R S,CTIIA.IITS AREA :2, SIR 1 7 .1- RIECCERD ON 9,9 OFF tC A- NA- OF IK "' IF "PEN AREA - 1 .919 M .1 50 FT CALCUI A ED rROM -E,U L4NUMEHTS I T !MPP('VEMEllT S-IRVEY LEASEHOLD CS'Art CIfArED By LEASE BETWEEN lll!RS L',jj,l COLORADO L MIED L,,a ITV OT INC A C.OiPORATibN. LESSEE !S"U"2A.A146 4 2002 A � - . 200 III -DESCRIBEDi " NO -F';- - IT ANO TO �HFFO.L3W-NG ' REAL 'Rgt LC',5%6 7 8 AND - E AW , A,_)rflTl&j 1.) THE IOWWiTz 'IF ASPE4. PITKIN COUNT-T. C01-rRAXI PREPARED 31 ASPEN SURVEY ENGINEERS INC. 210 S 34-EM STREET ASPEN, COLO 4.6 1 ,HDNE/FAX (970925-3816 F W--t - ;.B .. 13.2; )AN 30. 20(13 U'lls Do 2 21-03 spo- ELI vs, 2 27.03 ATTACMENTIO • • • • • 4 Ve 3D' 40, SCALE I INCH - 10 FEET Existing tnaes to IN, a aluated 1 15 11 in ordr to detannift Sidev,alk location CCNTCWF INTERVAL IS I FOOT 30' • - f v � ...iii���"' / ;mot. J 41 a* 4POST ji. 'Pt 1_917Y • /36 �es 4'0/190 Sf �e'vce AL • LEGEND & NOTES y.ErAIN1.6 '10 -OUND SLW\Ey MONUMENT REAR W! TH CAP AS NOTED •• i / 3ESI 4 -PIKE 5R P-K MA '- SURVEY CONTROL encroachment POSTED ADDRESS S '?39 E ID IND M—fMi WOOD rENCE METAL FENC EZ,7R!C TRAUSFORWR en, UTILITY BOX :I ' I l - . -/• ,• •e •/ O TITLE ;WWNAT:O, -S FORNISNED 9T CMlCPuO ^TLE !.Si.�AWC iOMP­ No 10 DATED MY1269 2, 6-A•• II, ZVA%ON DATi. IS ARDITPARY. BASED ON SET T.DA AS SHOWN • �DNTMR ;NTE.� -4JL IS I FWT SITE ELEVATION 100.0' m 7.3.3.7' SEA LEVEL ELEV. PER W.S. MOM. 'Ile' Y }ram TREE CALIPER SIZE AS NOTED a Q) 7DE;;! IS -REE -At_IPER AS NOTED COOTNV301) UNLESS NOTED A ASPEN DLO aw " 14Ck X. .14 SPLIT RAIL T. lc�f _�Fy F-A-ZE- TE: FENCE ;'T!! !T1 �5­1 Ja� 14 3E- Milan ID 107 _CJQ"'F carrailp b— CURR _3rR —A- I.g—g./ ca—ge hove DATE: SHEET: • STAN CLAUSON ASSOCIATES, LLC 26 JULY 2003 2W E. MAIN STREET1 ASPEN, CO 81611 Chart House Lot Split REVISIONS: Telephoinc: (970)"5-2323 1.: t970r2Ol628 SITE PLAN Wes,.—scapi.—g— ASPEN, COLORADO DEPOSIT CER-I;7ICATE DEPOSITED THIS _ DAY OF_—__ '2003 IN BOOK OF THE COUNTY'S LAND SURVEY PLATS AT PAGE AS RECEPTION NO: ."H'S LAND SURVEY PLAT COMPLIES WITH 911C116N 38-51-102 COLORADO REVISED STATUES. COUNTY CLERK --- SECTION 13 TOWNSHIP 10 SOUTI,, RANGE 8' 481 6rh PM CER IFICATION CERTIFIED TO: LANDRY'S RESTAURANTS, INC i. DAVID W. Mc BRIDE. A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO DO HEREBY CERTIFY THAT THIS SURVEYWAS FIELD SURVEYED DURING JANUARY, 2003 ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON. AND IS CORRECT BASED ON THE FIELD EVIDENCE SHOWN AS FOUND HEREON. AND THAT THERE ARE NO DISCREPANCIES. CONFLICTS. SHORTAGES IN AREA. BOUNDARY LINE CONFLICTS. ENCROACHMENTS. OVERLAPPING OF IMPROVEMENTS. EASEMENTS OR RIGHTS Of- WAY IN FIELD EVIDENCE OR KNOWN TO ME. EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES WITH NO VISIBLE APPURTENANCES AND DOCUMENTS OF RECORD NOT FURNISHED TO THE SURVEYOR ARE EXCEPTED. THIS CERTIFICATION iS VOID UNLESS WE- SUM?ED BY THE SEAL OF THE SURVEYO S 1 GNED TH IS � DAY OF _n �gQ ACCORDING TO COLORADO _AW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH )EFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT SE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 4' CAST IRON SEWER SERVICE Srq.Wq _ \_ YEL CAP 91 9184 POSIT'ON HELD S B�z ocz / ./ z 0% 5 y � A c/ 3 47 ' A ...- 8-A / 2 m ow 41 7 J 0 2 40. 0 f 13 A 'D" ll ;r,/ .1,Off. 4 /\3 5 /O i 5 8- 6 �l I _ _ I A 9 A G ri 5. 7-A 9`A \ 2 1 8 ' 5 . b --� 6' YEL CAP �9184 TRI'CO, 9 / 9 t i _WA \'ft� 17 TRASH r STORAGE �`_ • _ _ � (� � SHED/ , �gACK OF CUR D-eAV (75 Op W/DE) d 9 \ t 3. 0 r / / / WOODEN COMMERCIAL BUILDING 'CHART HOUSE RES'AURANT' i / �Cy GAS METER CONCR£ T F�� WAL N I NG 11 A/ Q SPL 1' RA L FENCE \` T�5 s. EN-RY FLOOR TBM 100.0' 99 -OVERHANG 1.3' INTO STREET I ROOF OVERHANG'' aT (TYPICAL) YEL CAPS C \ U9S 4RBED q!!! 10 i 34 • HIV N SCALE I I NC14 - 10 FEET C °i 10 I s 20 CONTOUR INTERVAL IS 1 FOOT NOTE SEE CITY OF ASPEN ENCROACHMENT LICENSE PER RECEPT a 433366 7S • O 466 /6 MpNgR. Sr `qS S pl NEAR MGS RLOCK NE CDR BLOCK 84 YEL CAP RICER CITY SURVEY'S 290.50' POSITION HELD STORM DRAIN lop , •/ � \ GAS SERVICE I !_. RETAINING WALL cp � L d•{j �,' �- _OVERHANG 3.8' INTO u • STREET aQC$��a o SEI= CITY OF ASPEN$ECROACo� o LNCENSEHPERT • • Q, RECEPT a 410362 ` 104 �~ 00 l G7 SET CORNER • /u CURB 15S Box 11/2 WATER SERVICE �O ATTACHMENT 9 LEGEND & NOTES ® FOUND SURVEY MONUMENT RE13AR WITH CAP AS NOTED B SPIKE OR P-K NAIL SURVEY CONTROL POSTED ADDRESS IS '219 EAST DURANT AVENUE' —[3 WOOD FENCE �— METAL FENCE ELECTRIC TRANSFORMER UTILITY BOX MANHOLE SNOW COVERED GROUND AT TIME OF SURVEY SET CORNER NO. 4 RWBAR RED CAP 16129 (1-30-03) TITLE INFORMATION WAS FURNISHED BY: CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 1269240 GATED: MAY 2, 2002 ELEVATION DATUM IS ARBITRARY, BASED ON SET T.B.M. AS SHOWN CONTOLR INTERVAL_ IS I FOOT SITE ELEVATION 100.0' - 7,923.7' SEA LEVEL ELEV. PER G.I.S. MON. •112- SPRUCE' TREE CALIPER SIZE AS NOTED left DECIDUOUS TREE CALIPER SIZE AS NOTED COO'TNWOOD UNLESS NOTED A - ASPEN CONIFER TREE CALIPER SIZW AS NOTED UNDERGROUND UTILITIES WERE LOCATED AS THEY WERE FLAGGED IN THE FIELD BY THEIR RESPECTIVE UTILITY COMPANIES AREA 12 000 S0.17T. •/- RECORD FROM 1959 OFFIC'AL MA' OF THE CITY OF ASPEN AREA - 11,979 SQ.FT. SO.FT.•/- CALCUL.A7ED FROM FIELD MONUMENTS SITE IMPROVEMENT SURVEY LEASEHOLD ESTATE CREATED BY LEASE BETWEEN BALDERSON/CABELL, LLC A COLORADO LIMITED LIABILITY COMPANY LESSOR AND LANDRY'$ RESTAURANTS I. A CORPORAT16N, LESSEE DATED 2002 ANa INCREC6ADED __2002 AT RECEPTION NO. IN AND TO HE F0;_L_bWING DESCRIBED REAL PROPERTY LOTS 6, 7 8 AND 9, EAMES ADDIT16N TO THE TOWNSITE- OF ASPEN, PITKIN COUNTY, COLORADO PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 S. GALENA STREET ASPEN, COLO. 81611 PHONE/FAX (970) 925-3816 E-MAIL doveeespeninfo.com job no. 33027 JAN. 30, 2003 UTIL.SADD 2-21-03 SPOT ELEVS. 2-27-03 A1'TACMENT 10 4" CAST IRON SEWER SERVICE -zv v _ C75.pp, - t✓1DEJ 98 40 I� � 30� TR If • •• • kV. • • CDNCRETE'•, RETAININ6 y WALL ° J' 19, 204 �s SPLIT RAIL _ FENCE - (; / ••• ft ■ 99 ,0- Existing trees to be evaluated in order to determine sidewalk location --•...� ly \Lj • • • 34' • 7" • / 4lyd: • I • IORM • / i DRAIN • 7"A ,c RETAINING 'r--- • \ ° WALL Cl) Existing encroachments - to be removed • /•"�6.6 / IS • • . �1' ° v • _ U I` Access to garage! carraige house 1i2 ' Access to garage/ sER carraige house 100:2£ SCALE 1 INCH = 10 FEET 0 5 10 15 20 CONTOUR INTERVAL IS 1 FOOT 0 LEGEND & NOTES O FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED ® SPIKE OR P-K NAIL SURVEY CONTROL POSTED ADDRESS IS '219 E —B - WOOD FENCE �- METAL FENC ELECTRIC TRANSFORMER ❑ UTILITY BOX MANHOLE TITLE INFORMATION WAS FURNISHED BY. CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 1269240 DATED MAY 2. 2002 ELEVATION DATUM IS ARBITRARY, BASED ON SET T.B.M. AS SHOWN CONTOUR INTERVAL IS 1 FOOT SITE ELEVATION 100.0' = 7,923.7' SEA LEVEL ELEV, PER G.I.S. MON, '112" SPRUCE TREE CALIPER SIZE AS NOTED DECIDUOUS TREE CALIPER SIZE AS NOTED COOTNWOOD UNLESS NOTED A = ASPEN UNDLP-POUND UTILITIES WERE LOCATED Tr.. WERE FLAGGED N T F F i£- j D B 1cR RESPECTIVE UT._I T1F?A;ES DATE: SHEET: STAN CLAUSON ASSOCIATES, LLC 200 E. MAIN STREET ASPEN, CO 81611 (%(-'-/ h t House Lot Split 26 JULY 2003 REVISIONS: Telephone:(970)925-2323 Fax: (970)920-1628 a1L -Al SITE PLAN Web: www.scaplanning.com ASPEN, C O L O R A D O