HomeMy WebLinkAboutcoa.lu.ec.Shechter-155 & 165 McSkimming Rd. A49-96Shechter - 155 165 McSkimming Rd.
2737-181-04-012 & O11 Lot Line 96
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Aspen/Pitkin� Community •
Development Department
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
Of
City Land Use Application Fees: 3
00113-63850-041
Deposit
-63855-042
Flat Fee
-63860-043
HPC
-63885-268
Public Right -of -Way
-63875-046
Zoning & Sign Permit
- MR011
Use Tax
County Land Use Application Fees:
00113-63800-033
Deposit
-63805-034
Flat Fee
-63820-037
"Zoning
-63825-038
Board of Adjustment
Referral Fees:
00113-63810-035
County Engineer
00115-63340-163
City Engineer
00123-63340-190
Housing
00125-63340-205
Environmental Health
00113-63815-036
County Clerk
Sales:
00113-63830-039 County Code
-69000-145 Copy Fees
Other
Name: �I�t ✓/� (�
Address:
Phone:
/5p , 00
Total_ C) . C6
Date:7�kICCheck:
Project: I r �
Case No:
No. of Copies
Me
CA*OAD SUMMARY SHEET - CITY *ASPEN
DATE RECEIVED:
DATE COMPLETE:
PARCEL ID #
7/8/96
2737-181-04-012, & 011
CASE # A49-96
STAFF: Bob Nevins
PROJECT NAME: Shechter Lot Line Adjustment
Project Address: Lots 3 & 4, Block 1, Aspen Grove Subd., 155 and 165 McSkimming Rd.
APPLICANT: Irving Shechter
Address/Phone: 1794 Winterwarm Rd., Fallbrook, CA 92028, 619-728-9455
REPRESENTATIVE: Louis H. Buettner
Address/Phone: 0040 West Sopris, Basalt 81621 ----- 927-3611
FEES: PLANNING
$450
ENGINEER
$0
HOUSING
$0
ENV HEALTH
$0
TOTAL
$450
AMT. RECEIVED $450
1:7a0a;7;7_\RYi
❑ City Attorney
,City Engineer
❑ Zoning
❑ Housing
❑ Environmental Health
❑ Parks
DATE REFERRED:
# APPS RECEIVED 5
# PLATS RECEIVED 5
TYPE OF APPLICATION:
Staff Approval
❑ Aspen Fire Marshal
❑ City Water
❑ City Electric
❑ Clean Air Board
❑ Open Space Board
❑ Other:
INITIALS:
APPROVAL: Ordinance/Resolution #
Staff Approval
Plat Recorded:
CLOSED/FILED DATE: INITIALS:
ROUTE TO:
❑ CDOT
❑ ACSD
❑ Holy Cross Electric
❑ Rocky Mtn Natural Gas
❑ Aspen School District
❑ Other:
DATE DUE:
Date:
Date:
Book
Page
•
MEMORANDUM
TO: Nick Adeh, City Engineering
THRU: Stan Clauson, Community Development Director
Dave Michaelson, Deputy Director
FROM: Bob Nevins, City Planner
DATE: July 15, 1996
RE: Shechter Lot -line Adjustment
Lots 3 & 4, Block 1, Aspen Grove Subdivision
Parcel ID Nos.: 2737-181-04-011 and 2737-181-04-012
Attached is the development application for the Shechter Lot -line Adjustment. The lots
are located at 155 and 165 McSkimming Road within the Aspen Grove Subdivision. The
property is currently zoned R-15B, Moderate Density Residential, which requires
residential lots to be a minimum of 15,000 square feet.
Planning staff has reviewed the application and finds it to be an Exemption in accordance
with Section 26.88.030 of the Subdivision regulations.
Prior to final approval of the Lot -line Adjustment, we would like Engineering to review
the proposed Plat Amendment to ensure that it meets the Subdivision standards, conforms
to the requirements of the Land Use Regulations, and adheres to applicable State statutes.
Based upon Engineering's recommendations, I will request that the applicant's
representative, Louis Buettner, submit to Community Development for approval
signatures and recordation with the Pitkin County Clerk and Recorder, a Final Plat drawn
in permanent ink on 24 x 36 inch reproducible linen or mvlar. The information will also
be submitted in a digital format pursuant to the City of Aspen GIS Submission
Requirements.
6.
7.
S.
Project Name l�T
Project Location
ATTACHMENT 2
LAND USE APPLICATION
"LtA F--
IRVJNO "I17CHTFR
1794 W1N1 "tHl°;AitN rOAD
FALLBKOK , CA 920281
1
t� 5criotiorj
7um(Indicate'streer address, lot block nber, legal d where appropriate)
�3i3 ► 4`�"Gl, b5 SQ �T
r�- c 4 . Lot ;_Zee oo +
Present Zoning —�--
I L90I
Applicant's Name, Address & Phone No.
I
RepresOntative's Name, Address & phone No.
I I
Type of Application (please
check all that apply),.
_ Co'id'itional use __
Conceptual SPA
Conceptual Hist. Dsv.
_ Spac'ial Review r
Final SPA
_ Final Historic Dev,
8040 Greenli.ne
conceptual FUD
Miner Historic Dev.
stream Margin
Final PUD
Historic Demolition
Mth.':View Plane _
Subdivision
_ Historic Designation)
condominiumization
Text/Map
GMQ2 Allotnent
—'�
Lot Split ,
Amendment
Lot Line
PMQP Exemption
_
Adjustment
!
Description of Existing Uses
(number and ty
e of,ekistinq structures;,
approximate square feet; number of bedrooms;
any Orevious approval$
granted to the property):
I
9. Description of Development Application:
,1
10. Have you attached the following:
Response to Attachment 3, Minimum Submi siOn:,Contents
N'd Response to Attachment 4, Specific SubmissionCpnten�t:
A. Response to Attachment 5, Review Standards for Your Application
/dasscity:attachment2
IRVING SHECHTER
1794 WINTERWARM ROAD
FALLBROOK. CA 92028
LIC. U3029880 PH. 619-728-9455
PAY TO THE L ���lan D�lE1oARtE,I� VS��►�Y(—I
ORDER OF
First First Interstate Bank FFOrr
of California #897 1987 GF'
1139 South Mission Road
InferstatP o Bo. 168 r 1� �A A �rOMEP
Bank F IDr k & LJ ! V
17f1R
I: L 2 2000 2 L81:8 9 70 2 5 30 71I' 3 08 L
3708
16-21/1220
DOLLARS
•
ASPENTITKIN
CONVMUNITY DEVELOPMENT D
IRVING SHECHTER
1794 WINTERWARN ROAD
FALLBROOK, CA 92028
A RTIVIEN'T
CITY OF! ASPEN (hereinafter CITY) and 1 Z Y t
(hereinafter APPLICANT) AGREE AS FOLLOWS: #
i 1
L J APPLICANT has submitted to CITY an application for
!-O T L.l 4-P J
(hereinafter; THE PROJECT).
.ST M
1 APPLICANT understands and agrees that t� itv 'of A8pen Ordinance
No. 53 (series of 095) establishes a fez structure for EI lanning applications and
the payment of all processing fees is a ;_ondition precedent to a determination of
application completeness.
I
APPLICANT and CITY agree that because of the !size, nature or
scope of the proposed project. it is not possible at this) time: to agcerta.iin the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interesr of the partiks to alloy APPLICANT
to make payment of an initial deposit and to thereafter ;perm'it additional costs to
be billed �o APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessairy as costs are incurred.
CITY aeries it will -be benefited through the greater cert;7inty of repovering its full
costs to p�ocess APPLICANT'S application.
'i
.4. CITY and APPLICANT further agree th it it is impracticable for
CITY stalff to complete processing or present suffil tent information to the
Planning !Commission and/or City Council to enable he Planning Commission
and/or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
y4000A EC
-----------------
I I_d LI 1, 1 1 11 1I I -_! U I 1JL
I j-It' IJ
IRVING SHECHTER
1794 WMTERN,ARM ROAD
FALLBROOK. CA 92028
5: Therefore, APPLICANT agrees that in
waiver of its right to collect full fees prior to a
completeness, .APPLICANT shall pay an initial dep
which is foryNL.hours of Planning staff time, and if
the initial ldeposit, APPLICANT shall pay additional
reimburse: the CITY for the processing of the al
including post approval review. Such periodic paym
days of the billing date. APPLICANT further agx
accrued casts shall be grounds for suspension of prc
CITY OF ASPEN
St�ir� lauson
Comm' i ity Development Director
2
ideration, of the CITY's
termination of application
it in the amount of $-460 Oo
-tual recordOd costs exceed
t nthly billings to CITY to
fi cation mebtioned above,
I shall be made within 30
that failure to pay such
sine.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- -
JUN-07-1996 10:58 FROI�PEN/PITKIN C:OH DEO TO-16197289455-090 P.08
I�tVING!JECHTE.R
1 T94 V I14T EH11 "JRM TOAD
QILBROOK. CA *028
ATTACHMENT 3
Minimum Submission Contents for All bevel pment .Avpliaitfoas
All Development Applications- shall include at a minimum; the
following information and materials:
1.
2.
3.
* 4.
They applicant's name, address and telephone ndmber, contained
w"thin a letter signed by the applicant stating the ilMe,
address and telephone number of the rep?^ sentative a> thairized
to act on behalf of the applicant.
The street address and legal description of the parcel on
which the development is proposed to oc ur.;
A! disclosure of ownership of the parcel on which the
development is proposed to occur, con isting of a! cutrent
certificate from a title insurance dompqny, or'iattorney
licensed to practice in the state of Colokado, listing the
names of all owners of the property, and, all mortgages,
judgments, liens, easements, contra is and agreements
affecting the parcel, and demonstrating the own6r's�right to
apply for the Development Application.
An 8-1/2" X 11" vicinity map locatin the' subjecIr_ parcel
within the city of Aspen.
5. & Written description of the proposal
written, graphic or model form of how the
complies with the review standards relev;
Application.
/das : at13 . minimum
LOCAG-1
nd an explanation in
proposed development
nt to the Development
C]
IRV.I.PIG `;I CIITEA
FALLBROOK. CA 92028
Attachment 3 Lot Line Adjustment Lots 3 & 4 Block 1, Aspen Grove Subdivision
1 & 2. 1 , Irving Shechter , Trustee of the Irving Shechter Trust Agreement and residing at 1794
Winterwarm Road, Fallbrook, CA 92028, Tel.# (619) 728 9455 have authorized Louis H.Buettner,
Land Surveyor and residing at 0040 West Sopris Creek, Basalt, CO 81621 Tel # (970) 927 3611
as representative acting on my behalf to present survey and land descriptions to the Aspen/Pitkin
Community Development Department in the matter of a lot line adjusment between Lots 3 & 4
Block 1, Aspen Grove Subdivision, (parcels 056- 04426 & 056-04428) M<SWnnnnIOct eP
3. Enclosed Quitclaim Deed . There are no mortgages, judgements, Liens etc., on these lots, and I
am the sole owner of record at this time.
4. Louis H. Buettner will provide necessary maps for this project.
5. 1 wish to adjust the lot line between Lots #3 and #4. Lot #3 will become larger by 650 to
750(est) sq ft, so that it will be larger than 15,000 sq ft and conform to Aspen Grove Subdivision
and Aspen R-15 subdivision requirements. Lot #4 will become lessened by this amount (650 to
750(est) sq ft. Lot #4 currently has mor than 19,000 sq ft and will still conform to the R-15
requirements. The existing road frontage corners and the front lot line arcs will remain the same .
The 7.5 ft utility easements between lots #3 & #4 will be changed to conform to their requirements
Apyng the ne t line.
i
Irving She ter 30 .J V
kwAcual� —'� IRVIt1G IcCHTER
(T-2j 1794 1'lINTDMARM ROAD
�J FALLBROOh. CA 9202E
FUN tw newi tec.9thdo ofSer mba�►.
i; i�:; Julie- Hane
aee.stlaa xe.__L------------ ------- --------------------------------- --- --
_._.aaooaDs .
�dg ;9eeb, Made this 17th day of August in the year of our
Lard one thousand nine hundred and seventy-seven BE sow334 Pa85
IRVING SHECHTER and LISE B. SHECHTER
of the County of Pitkin and State of Colorado, of the first part, sad
IRVING SHECHTER
of the County of Pitkin and State of Colorado, of the second part,
Witoeseeth, That the said parties of the first part, for and In sonsidetrstion of the sum at
ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION----- DOLLAR',
to the said part ies of the first part in hand paid by the said partyy �of the set�d
mosipt whereof is hereby confessed and acknowledged, his ve remised, released, eoid, e�e�
and quit -Calmed, and by these presents do remise, release, sell, oonvey, sad Q1db•Clati onto
the said part y of the second pert, h is heirs and assign fot+rvetr, all the right, tide, hb.
tercet, @Wm and demand which the said parties of the first part have In and to the to0ewit
desctOwl real property situate, lying and being in the Ooanty of Pitkin
and State of Colorado, to -wit:
Lots 3 and 4 Block 1, Aspen Grove Subdivision,
according to the plat thereof on file as document
number 106638,'in ditch book 2-A, page 246, of the
records for Pitkin County.
There is excepted from Lot 3, that tract of land
reserved in the deed recorded in book 225, at page
315 of the Pitkin County Records.'
The lands are subject to easement and building
restrictions now of record. .
ST 1..: FIE
S EP : PAID
Tv Have and to Hold the Same, Together with all and singular the sovartensnees sad pdvieges
themunto belonging or In anywise thereunto appertaining, and all the estate, right, tiff iatsead
and calm whatsoever, of the said parties of the first part, either in law or equity, to the s*
proper use, benefit and behoof of the said party ;of the second part hi heirs and assisis teftew.
In Witness Whereof, The said part ieaof the first part have set their
hand a and seal a the day and year first above wri
Signed, Sealed and Delivered in the Presence of x... ......... ......................... _.....................
�
I �1V• _ING CRT
LIKE B. BIiEG11TER
................................................................................ .................. ............. _...... .................................is
STATE OF COI.OaADO, )ss. BTAVOMY ACKXSWUM1
County of Pitkin
The tswadsa bobsum sea
admowledsed before me this 19 Eh dar of AugWt .1077
G• �0� �; •. by IRVING SHECHTER and LISE B. SHECRTER
Witness my hand and offish) seal.
My commission esplm May' 2, 1980 I
...........
..._._._... _.
`'•,.....•• '' � ''' Mary 0. Dotson K°rte� lam°
• C (;Q�, •u *sus# in *a" or nenemuttm sseeeft, 4.wt saw sae she salsa w aesdf♦ and aw aM serene.
aurr CWDI DMD—
?TG�U`� C®�%lv� t 9 Ii�T=RiSRN ROAD
-&�1 \ Ff\LL�FeuK, cn 9202e
information for it to exercise the judgment required of it by these
Covenants.
9. Architectural Committee Not Liable. The Architec-
tural Committee shall not be liable for damages to any person or
entity submitting any plans for approval, or to any Owner or Owners
of land within Aspen Grove Subdivision, by reason of any action,
failure to act, approval, disapproval or failure to approve or
disapprove with regard to such plans. .The Architectural Committee
shall have no liability or responsibility for any representations
made to any Owner or prospective owner by any third parties. The
decisions of the Architectural Committee shall be governed by these
Covenants and any rules or regulations duly adopted by the
Architectural Committee pursuant to these Covenants.
10. Written Records. The Architectural Committee shall
keep and safeguard for at least five (5) years complete permanent
written records of all approved applications including one (1) set
of the finally approved architectural and site development plans
and of all actions of approval or disapproval and all other formal
actions taken by it under the provisions of this instrument.
11. Authority to Promulgate Rules and Regulations. The
Architectural Committee may promulgate and adopt written rules and
regulations necessary to implement these Covenants. These rules
and regulations may include submission requirements concerning the
type of information, reports, plans and specifications and other
information necessary to make an informed decision regarding
requests for development, modifications to buildings and the like.
Adopted ruled and regulations shall be made available to any Owner
who requests a copy thereof.
12. Review Fees. The Architectural Committee shall be
entitled to retain the services of architects, contractors and
other professionals in connection with the review of proposed
development plans for improvements within the Subdivision. The
Architectural Committee and/or the Homeowners Association may
charge a reasonable fee in connection with review of development
plans, which fee shall be set from time to time with approval of
the Board of Directors and which shall be calculated to cover all
reasonable costs associated with development review.
ARTICLE IV
Restrictions and Protective Covenants
1. No Further Subdivision. No lot described on the
recorded Plat of Aspen Grove Subdivision shall ever be further
subdivided into smaller lots or conveyed or encumbered in any less
than the full dimensions as shown on the recorded Plat of Aspen
Grove Subdivision; provided, however, conveyances or dedications of
easements for utilities may be made for less than all of one (1)
lot. No unit may be condominiumized. No time sharing or fraction-
al' fee condominiums shall be allowed within the Subdivision.
information
Covenants.
for it two exercise the judgment required of it by these
9. Architectural Committee Not Liable. The Architec-
tural Committee shall not be liable for damages to any person or
entity submitting any plans for approval, or to any Owner or Owners
of land within Aspen Grove Subdivision, by reason of any action,
failure to act, approval, disapproval or failure to approve or
disapprove with regard to such plans. The Architectural Committee
shall have no liability or responsibility for any representations
made to any Owner or prospective owner by any third parties. The
decisions of the Architectural Committee shall be governed by these
Covenants and any rules or regulations duly adopted by the
Architectural Committee pursuant to these Covenants.
10. Written Records. The Architectural Committee shall
keep and safeguard for at least five (5) years complete permanent
written records of all approved applications including one (1) set
of the finally approved architectural and site development plans
and of all actions of approval or disapproval and all other formal
actions taken by it under the provisions of this instrument.
11. Authority to Promulgate Rules and Regulations. The
Architectural Committee may promulgate and adopt written rules and
regulations necessary to implement these Covenants. These rules
and regulations may include submission requirements concerning the
type of information, reports, plans and specifications and other
information necessary to make an informed decision regarding
requests for development, modifications to buildings and the like.
Adopted rules and regulations shall be made available to any Owner
who requests a copy thereof.
12. Review Fees. The Architectural Committee shall be
entitled to retain the services of architects, contractors and
other professionals in connection with the review of proposed
development plans for improvements within the Subdivision. The
Architectural Committee and/or the homeowners Association may
charge a reasonable fee in connection with review of development
plans, which fee shall be set from time to time with approval of
the Board of Directors and which shall be calculated to cover all
reasonable costs associated with development review.
ARTICLE IV
Restrictions and Protective Covenants
1. No Further Subdivision. No lot described on the
recorded Plat of Aspen Grove Subdivision shall ever be further
subdivided into smaller lots or conveyed or encumbered in any less
than the full dimensions as shown on the recorded Plat of Aspen
Grove Subdivision; provided, however, conveyances or dedications of
easements for utilities may be made for less than all of one (1)
lot. No unit may be condominiumized. No time sharing or fraction-
al fee condominiums shall be allowed within the Subdivision.
6
119,4 1YIt�i:_H�1'A,(?h FOAD
FALLBH00K, CA S2028
Notwithstanding the foregoing, a lot line adjustment between two
(2) lots in Aspen Grove Subdivision shall be deemed a permitted
subdivision, subject, however, to any reviews or disapprovals that
may be required by the City of Aspen Land Use Code. Nothing
contained herein shall be deemed to prohibit the ownership of
property by more than one person in the form of a general part-
nership or tenancy in common so long as such ownership is not
intended to result in, and does not have the effect of, creating a
subdivision of the property or a timeshare ownership situation.
2. Domestic Animals. Pets shall be permitted subject
to any rules and regulations which may be promulgated by the Board
of Directors. Dogs shall be kept under the control of the owner at
all times and shall not be permitted to run free or to cause a
nuisance in the Subdivision. No dog shall be permitted to run free
or disturb trash at any time and, particularly, on days where trash
pick-up is scheduled within the Subdivision. Without limiting
other remedies available to the Association, the Board of Directors
may adopt a schedule of fines which may be imposed upon Owners for
pets which are a nuisance and, particularly, for dogs running at
large, disturbing trash and barking. There shall be no farm
animals permitted in the Subdivision. Notwithstanding the
foregoing, no animals may be kept within a lot or the residences
which, in the good faith judgment of the Board of Directors or a
committee selected by the Board of Directors for this purpose,
result in any annoyance or are obnoxious to residents in the
vicinity. Any dog deemed a nuisance or a threat may be removed by
the Homeowners Association following reasonable notification to an
Owner or tenant.
3. Underground Utility Lines. With respect to the new
utilities
tension of an , all sewer, gas, elec-
trical, or ex Y
trical, telephone, and other utility pipes or lines within the
limits of Aspen Grove Subdivision shall be buried underground and
not be carried on overhead poles or above the surface of the
ground. Any areas of natural vegetation or terrain in Aspen Grove
Subdivision disturbed by the burying of utility lines shall be
revegetated by and at the expense of the Owner or Owners causing
the installation of the utilities no later than the next growing
season following installation. At the time of construction of any
addition, substantial remodel or installation of new improvements
on any property which currently is connected to utilities through
an above -ground service line, the Architectural Committee may
require the Owner to reinstall the service line underground.
4. Service Yards and Trash. Equipment, service yards
or storage piles on any lots may be permitted during construction
if they receive Architectural Committee review approval. All
rubbish and trash shall be removed from all lots in Aspen Grove
Subdivision and shall not be allowed to accumulate and shall not be
burned thereon.
V]
to
- - - - - - - - - - - - - - - - - - - - - --_-..-.�_-.-.-. -_-= _-=_ ---- - - - - - - - - - - - - - - - -
t;uNI;ENT AND RATIPICATION OF TUB DR
TI�WbWU:'\
,10 Tt! ;--T-it
3 ldii•a1IVAPM �;(?,%D
.• CA S2Oc3
THIS CONSEN
COVENANTS OF ASPEN GROVE TSUBDIVIS ON isIFICATION OF Hmade
Declaration of Protective Covenants of DECLARATION OF PROTECTIVE
a part of that certain
("Declaration") dated the 30Co day Aspen Grove Subdivision
on , 1995 in Book y of December, 1994
Clerk of the Court of Pitkin County, t Page`_ in the taco records
Colorado.
FOR GOOD AND VALUABLE CONSIDERATION,
sufficiency of which are hereb the receipt
t e Y acknowledged, the underaigneda
the record owners) of Block No. h
e
1e E h i h i t- s Lot No , as
under that certain deed recorded en Grove dAvrilo6' Pitkin county, Colorado,
_in the records of the Clerk and Recorder of B ok--Ukin Co
Colorado (the "owner" —� at Page
Of the Declaration and agrees that conshis/her/ it$iowne the provisions shall not adversely affect the existence or continuing validity
the Declaration, which Declaration shall run with ownership interests
as Aspen Grove Subdivision and remain in full force and effect of
as
if such Declaration were delivered and re h the land known
delivery and recording of the deed, corded prior to the
IN
REOF the
Declaration NofStheEProtective Covenantsned has executed
this
OANER(S) OF BLOCK NO._�LOT NO.
and all` ASPEN GROVE SUBDIVISION,
PITRIN Comm COLORADO
By:
STATE OF
COUNTY Off' 4 � � (.
The foregoing was acknowledged before me this Misr
of tV,t� , 1995 by V k -�sL C-� }�- day
record owner o Block Number �' as the
Subdivision, Pitkin County, Colorado. LOt Number Aspen Grove
Witness my hand and official seal.
My commission expires:
Notary public
CHERYL L MARTINI
COMM, i10M97
ND7AW Pukic • CALIFOFINIA
aMl DIEOO OOUNTY
My CanHrbn Ew trill. 2k i q*7
f.rf._pNp,pi nt�.I,D
-I L��tilll),, CA SZOLB
EXHIBIT "A"
Lot 3, Block 1, ASPEN GROVE SUBDIVISION, Pitkin County, Colorado.
EXCEPTING that portion lying Southwesterly of a line drawn between
a point on NcSkimming Road, being 2 feet Northwesterly of the most
Southerly corner of said Lot 3 and a point N. 24 59' E. 17.00 foot
from the most Westerly corner of said Lot 3. Subject that a utility
easement shall be established and reserved for the use of both the
grantor and the grantees herein, their heirs and assigns, with said
utility easement to be 7 1/2 feet, even width, on either side of
the above mentioned drawn line. Also, subject to building
restrictions recorded as Document No. 106784 in Book 184 at Page
479 in Pitkin County Records.
JUN-07-1996 10:57 FROM ASPEN/PITK!t; =CtM DEU
ATTACNT 2
LAND USE APPLICATION
1. Project Name
2. Project Location �T5 3 �`E' ���' l
lA
(Indicate street address, lot & block number, legal descript of lwhere appropria+Le)
3 �44G�.os Sq-T
3. Present Zoning 4. Lot iZe: to?+ 5Q
5. Applicant's Name, Address & Phone No. M-Vk �-�
(1) qZ8 94 55
6. Represontative's Name, Address & Phone No.
i
�� / ice. . i• T C- Ari 1 I Fes/ \�� /YI L\
7
10.
%dos:
TO 9-16197289455-050 P.07
0 IRVTNG °,�ECNTER
1T94 WINTEHUV'JiM nOAD
FO FALLBRCOK. CA 92028,
Type of Application (please
check all that a
ply)`.
conditional Use
Conceptual SPA
Conceptual Hist. Dev.
— special Review —
Final SPA
Final Historic Dev.
$040 Greenli.ne —
Conceptual PUD i—
Minor Historic Dev.
_ stream Margin _
I
Final PUD 4
;
Historic Demolition
Mtn. View Plane —
Subdivision i
— Historic Designation'
Condominiumi2ation —
Text/Map
GMQS Allotment
_ Lot Split
Amendment
Lot Line
GMQ;; Exemption
Adjustment
Description of Existing Uses (number and t1.1e
of existing structures;
approximate square feet; number of bedroom4;
any previous approvalsi
granted to the property):
Description of Development Application:
N -14
Have you attached the following:
Response to Attachment
3, Minimum Submission
contents
M4 Response to Attachment
4, Specific Submission
Ccntents
NA Response to Attachment
5, Review Standards
for: Your Application
city:attachment2
I
i-1==0 ILI-Dr- rKUI'I Hnr-LN/r'1 I K i N I-Un-LILV
ASPENTITKIN
CONM iNITY DEVELOPMENT
IRVTNG SHECHTER
1794 WINTERWARN ROAD
FALLBROOK, CA 92028
0PARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and l iv( t s<t
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. - APPLICANT has submitted to CITY an application for
!-0 T L-.t 0 ST Nth _
(here 4 ; THE PROJECT) .
i
i
APPLIC ANT understands and agrees that �Citv ``f Aspen Ordinance
No. 53 (S'eries of 1995) establishes a fee structure for fanning applications and
the payment of all processing fees is a 4ondition precedent to a determination or
application eompieteness.
i
3. APPLICANT and CITY agree that because of the 1size. nature or
scope of the proposed project. it is not possible at this/ time to agcerta.in the full
extent of the costs involved in processing the appliclion. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make �ayment of an initial deposit and to thereafter ;perm'it additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon noti,�iCation by the CITY when they are necessalry as cons are incurred.
CITY agrees it will be benefited through the greater certalinty of recoverinz its full
costs to~pFocess APPLICANT'S application. r -
i
4. CITY and APPLICANT further a+ret th it it is impracticable for
CITY staff to complete processing or present cuff •lent information to the
Planning Commission and/or Citv Council to enable the Planni> Commission
and/or City'Council to make lezally required findingns fcr project approva , unless
current bi!ilings are paid in full prior to decision. I
THH-0 —1996 10:56 FP01-1 4SPEWPITKIh•J 17—CIM DEU TO 9-1r119 9 4 5 5 — 0 9 0 F.06
• j IRVI.NG SHECHTER
1794 WINTERV,,,isr' ROAD
j FALLBROOK, CA 92028
I
I
5. Therefore, APPLICANT agrees that in consideration; of the CITY's
waiver of its right to collect full fees prior to a detErminatioq of application
completeness, APPLICANT shall pay an initial deposid in the amount of S-450 O°
which is for uNL•hours of Planning 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. 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.
I
I
CITY OF ASPEN APP C7
Al
Stan clauson
Community Development Director
Mr
Date:«_u___
Mailing Address:
I
TI_IWC17-1':�96 10: c7c: FROWSPEH P I TK I H (--*OM E)EI..)
TO �-1619 2:39455-090 P.08
AT'3 &XM ENT 3
xin mum submission contents for All Devel<
All Development Applications- shall include
following information and materials:
1.. The applicant's name, address and telex
within a letter signed by the applic
address and telephone numter of the rep
to act on behalf of the applicant.
Ioviw �4ECHTER 1794 WINTEH0,, iM ^^ AD
Q, LBRoOK, CA geb�i;
Applications
at a minimum, the
Dne number, contained
it stating the name,
�sentative authorized
2. The street address and legal descript 4on of the parcel on
which the development is proposed to oc ur.
3. A disclosure of ownership of the arced on which the
development is proposed to occur, con fisting of a current
certificate from a title insurance ompany, or" attorney
licensed to practice in the state of Qolorado, listing the
names of all owners of the property, I) and all mortgages,
judgments, liens, easements, contracts and agreemei.
affecting the parcel, and demonstrating the owner's right t
apply for the Development Application.
4. An 3-1/211 X 11" vicinity map locatin4 the subject parcel
within the City of Aspen.
S. A written description of the proposal and an explanation in
written, graphic or model form of how th proposed development
complies with the review standards relev nt to the Development
Application.
/das:att3.minimum
LGu ( s d-1 ..3 Tab 5 Vim( l
Vj�-- ors 3 4 L-01c4G-1
us (-t-�A A.til -4JV EI)
• IRVIt4G "!FCI;TEA OO
1794 WINT_PO,'A. u t:,
ALLBROOK, CA 92029
Attachment 3 Lot Line Adjustment Lots 3 & 4 Block 1, Aspen Grove Subdivision
1 & 2. 1 , Irving Shechter , Trustee of the Irving Shechter Trust Agreement and residing at 1794
Winterwarm Road, Fallbrook, CA 92028, Tel.# (619) 728 9455 have authorized Louis H.Buettner,
Land Surveyor and residing at 0040 West Sopris Creek, Basalt, CO 81621 Tel # (970) 927 3611
as representative acting on my behalf to present survey and land descriptions to the Aspen/Pitkin
Community Development Department in the matter of a lot line adjusment between Lots 3 & 4
Block 1, Aspen Grove Subdivision, (parcels 056- 04426 & 056-04428) 2P
3. Enclosed Quitclaim Deed . There are no mortgages, judgements, Liens etc., on these lots, and I
am the sole owner of record at this time.
4. Louis H. Buettner will provide necessary maps for this project.
5. 1 wish to adjust the lot line between Lots #3 and #4. Lot #3 will become larger by 650 to
750(est) sq ft, so that it will be larger than 15,000 sq ft and conform to Aspen Grove Subdivision
and Aspen R-1 5 subdivision requirements. Lot #4 will become lessened by this amount (650 to
750(est) sq ft. Lot #4 currently has mor than 19,000 sq ft and will still conform to the R-1 5
requirements. The existing road frontage corners and the front lot line arcs will remain the same .
The 7.5 ft utility easements between lots #3 & #4 will be changed to conform to their requirements
p�ong the ne t line.
Irving She (�
�jO�cJN��
U
O
v
0
2
_ IRVING S1.17CNTER
• 1794 WINTLJ?IWAIMI ROAD
FALLBROOK. GA y2028
Se mbe l
th .y
FUN tar x6m. t+---- ..... dv of---- - ,------, . o. l0 7 i at ---- 'cloclf-'__tU.
i J U I
----------------Hans
---------------asoesass
Made this 17th day of August
Lord One thousand nine hundred and seventy-seven BETWEEN [n the yew of our
8001(334 PNA 8 5
IRVING SHECHTER and LISE B. SHECHTER
of the County of Pitkin and State of Colorado, of the first pert, sad
IRVING SHECHTER
of the County of Pitkin and State of Colorado, of the second part,
Witnesseth, That the said parties of the first part, for and in eonsideration of the sum off
ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION----- DOLLAR 6
to the &aid part ies of the first part in hand paid by the said pert yy of the secnd pW, therstsaipt whareof is hereby confessed and aclmowledgod, have re;&d, »leased, eoK amveyed
and Quit -Claimed, and by thane presents do remise, release, sell, oonvey, red Qri1•CWft unto
the &aid part y of the second part, his heirs and assigns f+mver, all the right, title, in.
tertat, claim and demand which the said part i e s of the first part have in and to the fo ywft
deauft d real property situate, lying and being in the County of Pitkin
and State of Colorado, to -wit:
Lots 3 and 4 Block 1, Aspen Grove Subdivision,
according to the plat thereof on file as document;
number 106638, in ditch book 2-A, page 246, of the
records for Pitkin County.
There is excepted from Lot 3, that tract of land
reserved in the deed recorded in book 225, at page
315 of the Pitkin County Records.
The lands are subject to easement and building
restrictions now of record.
FEE
SEP,,c PAID
To Have and to Hold the Same, Together with all and singular the appurtenums sad pdriler+M
thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, if&tereet
and claim whatsoever, of the said parties of the first part, either in law or equity, to the wig
Proper use, benefit and behoof of the said patty of the second part his heirs mW waWme fuVW.
In Witness Whereof, The said part i e s of the first part hav e h set the i r
hand s and seal s the day and year first above writ"
Signed, Sealed and Delivered in the Presence of x... .. .........................................
SkE
) ... V
IRVING...............1Rlt..................................
LISE B . SHECIlT>sR
.................................................................................. ................................. .................................. a
9TATlr OF COLORADO,
ConntY of Pitkin STA'1"U'MT ACKXOWL/aoM/IR
acknowledged before me this 19th day of The iaslsmseft was
Auqua
by IRVING SHECHTER and LISE B. SHECEiTEA 1077
Witness my hand and official seal.
My commission expires May 2, 1980
0
. • .........................
Mary 0. Dotson H� tsblio
1 �' •�` •U aoUn+ In ofselal or »grra tmj" eapaslt . Inrrt nuns MW she aye K eaoseqr WA /er
QUIT CIJDI VXzD—
NT-ilOAi�M ROAD
-A42—Tl C_L_IF::� �' \ ALLB�iCGK. Cry G2028
information for it to exercise the judgment required of it by these
Covenants.
9. Architectural Committee Not Liable. The Architec-
tural Committee shall not be liable for damages to any person or
entity submitting any plans for approval, or to any Owner or Owners
of land within Aspen Grove Subdivision, by reason of any action,
failure to act, approval, disapproval or failure to approve or
di.sapprove with regard to such plans. The Architectural Committee
shall have no liability or responsibility for any representations
made to any Owner or prospective owner by any third parties. The
decisions of the Architectural Committee shall be governed by these
Covenants and any rules or regulations duly adopted by the
Architectural Committee pu:.-siiant to these Covenants.
10. Written Records. The Architectural Committee shall
keep and safeguard for at least five (5) years complete permanent
written records of all approved applications including one (1) set
of the finally approved architectural and site development plans
and of all actions of approval or disapproval and all other formal
actions taken by it under the provisions of this instrument.
11. Authority to Promulgate Rules and Regulations. The
Architectural Committee may promulgate and adopt written rules and
regulations necessary to implement these Covenants. These rules
and regulations may include submission requirements concerning the
type of information, reports, plans and specifications and other
information necessary to make an informed decision regarding
requests for development, modifications to buildings and the like.
Adopted rules and regulations shall be made available to any Owner
who requests a copy thereof.
12. Review Fees. The Architectural Committee shall be
entitled to retain the services of architects, contractors and
other professionals in connection with the review of proposed
development plans for improvements within the Subdivision. The
Architectural Committee and/or the Homeowners Association may
charge a reasonable fee in connection with review of development
plans, which fee shall be set from time to time with approval of
the Board of Directors and which shall be calculated to cover all
reasonable costs associated with development review.
ARTICLE IV
Restrictions and Protective Covenants
1. No Further Subdivision. No lot described on the
recorded Plat of Aspen Grove Subdivision shall ever be further
subdivided into smaller lots or conveyed or encumbered in any less
than the full dimensions as shown on the recorded Plat of Aspen
Grove Subdivision; provided, however, conveyances or dedications of
easements for utilities may be made for less than all of one (1)
lot. No unit may be condominiumized. No time sharing or fraction-
al fee condominiums shall be allowed within the Subdivision.
CJ
• IRVING !7 '7T a
1794 WIN '%ARM ROAD
FALLBii&D�\, CA 92028
Notwithstanding the foregoing, a lot line adjustment between two
(2) lots in Aspen Grove Subdivision shall be deemed a permitted
subdivision, subject, however, to any reviews or disapprovals that
may be required by the City of Aspen Land Use Code. Nothing
contained herein shall be deemed to prohibit the ownership of
property by more than one person in the form of a general part-
nership or tenancy in common so long as such ownership is not
intended to result in, and does not have the effect of, creating a
subdivision of the property or a timeshare ownership situation.
2. Domestic Animals. Pets shall be permitted subject
to any rules and regulations which may be promulgated by the Board
of Directors. Dogs shall be kept under the control of the owner at
all times and shill not be permitted to run free or t<< cause a
nuisance in the Subdivision. No dog shall be permitted to run free
or disturb trash at any time and, particularly, on days where trash
pick-up is scheduled within the Subdivision. Without limiting
other remedies available to the Association, the Board of Directors
may adopt a schedule of fines which may be imposed upon Owners for
pets which are a nuisance and, particularly, for dogs running at
large, disturbing trash and barking. There shall be no farts
animals permitted in the Subdivision. Notwithstanding the
foregoing, no animals may be kept within a lot or the residences
which, in the good faith judgment of the Board of Directors or a
committee selected by the Board of Directors for this purpose,
result in any annoyance or are obnoxious to residents in the
vicinity. Any dog deemed a nuisance or a threat may be removed by
the Homeowners Association following reasonable notification to an
Owner or tenant.
3. Underground Utility Lines. With respect to the new
construction or extension of any utilities, all sewer, gas, elec-
trical, telephone, and other utility pipes or lines within the
limits of Aspen Grove Subdivision shall be buried underground and
not be carried on overhead poles or above the surface of the
ground. Any areas of natural vegetation or terrain in Aspen Grove
Subdivision disturbed by the burying of utility lines shall be
revegetated by and at the expense of the Owner or Owners causing
the installation of the utilities no later than the next growing
season following installation. At the time of construction of any
addition, substantial remodel or installation of new improvements
on any property which currently is connected to utilities through
an above -ground service line, the Architectural Committee may
require the Owner to reinstall the service line underground.
4. Service Yards and Trash. Equipment, service yards
or storage piles on any lots may be permitted during construction
if they receive Architectural Committee review approval. All
rubbish and trash shall be removed from all lots in Aspen Grove
Subdivision and shall not be allowed to accumulate and shall not be
burned thereon.
CONSENT AND RATIFTrXMIO
N 01r' THE DECLARATION 0JR7,VihllG
94 t"tiN € : r?IIAPM P,10AD
LLBiiQv�, CA 520-8
THIS CONSENT AND RATIFICATION OF 7 E DECLARATION
COVENANTS OF ASPEN GROVE SUBDIVISION is made arto OF PROTECTIVE
Declaration of Protective Covenants of Aspen aGrove that certain
("Declaration") dated the 30th day of December, 1994, and recorded
on 1995 in Book at Page Clerk of the Court of Pitkin County, Co oad
ro n the records of the
FOR GOOD AND VALUABLE CONSIDERATION,
sufficiency of which are hereby the rncsiPt and
ech e tee t e y acknowledged, the undersigned,
the record owner(s) of Block No, 111 h
1-Lot No.
as
.$LAspen Grove Subdivision, Pitkin County, Colorado,
under that certain deed recorded A ri1 6 1 7�
$6�in the records of the Clerk and Recordea= of in County
Colorado (the "owner�� --�-� at Page
Of the Declaration and agrees that his/her/its consepts and iownershi Provision'
shall not adversely affect the existence or continuingvalidfies the tyof
the Declaration, which Declaration shall run with p interests
as Aspen Grove Subdivision and remain in full force and evalidity of
the land known
if such Declaration were delivered and recorded priori to tthe
delivery and recording of the deed.
IN WITNESS WHEREOF, the undersigned has executed this
Declaration of the Protective Covenants.
OWNER(S) OF BLOCK NO._.I LOT NO.pAXj_
and all of 4 As GROVE SUBDIVISION,
PITRIN COUNTY, CO
LORADO
By: ;
STATE OF
COUNTY OF PpZZTi1�-M���� m,
/
The foregoing was acknowledged before me this _�(IT of ,�t4 L%nl � 1995 try_ ,�1 day
record owner o Block Number �--- as the
Subdivision, Pitkin County, Colorado. Lot Number^, Aspen Grove
Witness my hand and official seal.
My commission expires:
Notary Public
CHERYL L. MARTINI
COMM, #1005697
NOTMY PUDW • cnLWORNA
My C -166 on Ems. Sept2A 1907
11�iITF
!�:R11APM 90AD
,-r.LLBROOK , CA S«?28
EXHIBIT "A"
Lot 3, Block 1, ASPEN GROVE SUBDIVISION, Pitkin County, Colorado.
EXCEPTING that portion lying Southwesterly of a line drawn between
a point on McSkimming Road, being 2 feet Norttwasterly of the most
Southerly corner of said Lot 3 and a point N. 24 59' E. 17.00 feet
from the most Westerly corner of said Lot 3. Subject that a utility
easement shall be established and reserved for the use of both the
grantor ;3.id the grantees herein, their hei:-:.! an3 assigns, with said
utility easement to be 7 1/2 feet, even width, on either side of
the above mentioned drawn line. Also, subject to building
restrictions recorded as Document No. 106784 in Book 184 at Page
479 in Pitkin County Records.
•
•
7 June 1996
Mr. Irving Shechter
1794 Winter Warm Road ASPEN PrrKw
Fallbrook, California 92028 COMMUNITY DEVELOPMENT DEPARTMENT
(619)728-9455
RE: Lot -line Adjustment Submittal Application Requirements
Lots 3 and 4, Aspen Grove Subdivision
Parcel ID Numbers: 0/56-04426 and 0/56-04428
Dear Mr. Shechter:
Attached is the submittal package for Lot -line Adjustment. I have also included
Section 26,88.030, Subdivision Exemptions, of the Land Use Regulations. This
delineates the criteria used in evaluating and approving lot -line adjustments.
There is a land use application fee.of $450.00. The procedure is a Staff review. A public
hearing before either Planning and Zoning Commission or City Council is not required
If you have any questions -or need further assistance, please contact me at (970)920-5102.
Sincerely,
Bob Nevins
City Planner
130 SOUTH GALENA STREET • ASPEN, CoLORAD9 81611-1975 • PHONE 970.920.5090 • Fax 970.920.5439
Printed on Recyded Paper
MEMORANDUM
TO: Nick Adeh, City Engineering
THRU: Stan Clauson, Community Development Director C
Dave Michaelson, Deputy Director r>4 K
FROM: Bob Nevins, City Planner
DATE: July 15, 1996
RE: Shechter Lot -line Adjustment
Lots 3 & 4, Block 1, Aspen Grove Subdivision
Parcel ID Nos.: 2737-181-04-011 and 2737-181-04-012
Attached is the development application for the Shechter Lot -line Adjustment. The lots
are located at 155 and 165 McSkimming Road within the Aspen Grove Subdivision. The
property is currently zoned R-15B, Moderate Density Residential, which requires
residential lots to be a minimum of 15,000 square feet.
Planning staff has reviewed the application and finds it to be an Exemption in accordance
with Section 26.88.030 of the Subdivision regulations.
Prior to final approval of the Lot -line Adjustment, we would like Engineering to review
the proposed Plat Amendment to ensure that it meets the Subdivision standards, conforms
to the requirements of the Land Use Regulations, and adheres to applicable State statutes.
Based upon Engineering's recommendations, I will request that the applicant's
representative, Louis Buettner, submit to Community Development for approval
signatures and recordation with the Pitkin County Clerk and Recorder, a Final Plat drawn
in permanent ink on 24 x 36 inch reproducible linen or mylar. The information will also
be submitted in a digital format pursuant to the City of Aspen GIS Submission
Requirements.
IEIE VED
JU L 1'19�1996
Cr , ENGINEER
I IRVING SHECHTER
i 1794 WINTERWARN ROAD !
FALLBROOK, CA 92028
I
i
ASPENTITKIN
COMMUMTY DEVELOPMENT 4PARTMENT
i I
Agrees ent for Pavment of City of Aspen Deve! ent App ication Fees
CITY OF!, ASPEN (hereinafter CITY) and l -st t t4�--t
(hereinafter APPLICANT) AGREE AS FOLLOWS: j
I
I
1. J APPLICANT has submitted to CITY an a6plication for
(hereinafter; THE PROJECT).
i
i
?, I APPLICANT understands and agrees that No.
cif ASpzn Ordinance
No. 53 (9eries of 1995) establishes a fee structure for Ylanriino applications and
the pavmeni of all processing tees is a :_ondition precedent to a determination of
application completeness.
I
3. ; APPLICANT and CITY agree that because of the size. nature or
scope of Ehe proposed project. it is not possible at thin time: to ascertain the hull
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the partiks to allow APPLICANT
to make avmenr of an initial deposit and to thereafter ;permit additional costs to
be billed o- APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited ibv retaining greater cash liquidity and will make additional payments
upon noti'ftcation by the CITY when they are necess v as cons are incurred.
CITY aar�es it will -be benefited through the greater certainty of rec;overinz its full
costs to~p'rocess APPLICANT'S application. r
i
4. I CITY and APPLICANT further agree th it it is impracticable for
CITY staff to complete processing or present suffi •ten t info: ation to the
Planning :Commission and/or Citv Council to enable he Planning Commission
and/or Ci1v Council to make legally required findings f r project approval, unless
current bi�lings are paid in full prior to decision.
�C
I_ -I U I. I 1 I 1 11 4 _VI 1 LL . 1i 1 i ab Jai_4) -L)JU t .
• 01
IRVING SHECHTER
1T94 WINTERWARH ROAD'
FALLBRCOK. CA 92028
5. Therefore, APPLICANT agrees that in consideration of the CII'Y's
waiver of its right to collect full fees prior to a determination of application
completeness, .APPLICANT shall pay an initial deposO in the amount of $BOO°
which is for u N L.hours of Planning 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. Such periodic payment shall be made within 30
days of the billing date. APPLICANT further agree that failure to pay such
accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN
r
Stair-Clauson
Community Development Director
�4
INUling Address+:
i
149g-
i
ATTACHMM 2 IRVTNG �!IECHTER
• 1794 WINTEMNARH MAD
LAND USE "PLICATION FO F'ALLB;COK, CA 92028,
1. Project Name (�T L.LJ US'Z-PA
26 Project location LoT 3 ���' l �f15UR�lJLS�dt�
Mc5>u,t LN 'P 8 Cat 1 CZ
(Indicate street address, lot block number, legal d scription where appropriate)
�;3 14461. bs . sa r--r
3. Present zoning 4. Lot iZe- lgpoo -F 5q �T
5: Applicant's Name, Address & Phone No.
I _7q4- W l 9Tt-�w
6. Repres0ntattive13 Name, Address & Phone No.
7.
Type of application (please check all that al
Conditional Use
Conceptual SPA
_ special Review
Final SPA
8Q40 Greenline —
Conceptual PUD
Strean Margin —
Final PUD
_ Mth.View Plane _
Subdivision
cond'ominiumization —
Text/Map
Amendment
Lot Split X
Lot Line
_
Adjustment
Description of Existing Uses
(number and ty
approximate square feet; number of bedroom
granted to the propertY):
&A -
14
Conceptual Hist. Dev.
Final Historic DO'
Minor Historic Dev.
`Historic Demolition
i
Historic Designationl.
0%,QS Allotment i
GMQS Exampt.on
I
e of existing structures;
any previous approvals
i
9. Description of Development Application:
10. Have you attached the following: ,I
Response to Attachment 3, Minimum Submi sion;Contents
N4 Response to Attachment 4, Specific Subm ss,ion Contents
N� Response to Attachment 5, Review Standards for Your Application
i
/dasscity tattachmentZ %�3 (� `� � �� + ti�� �— u
------------- ------------------------------- --------....
- - - - - - - - - - - - - - - - - - - - - - - - - - -r--_
JUN-07-1996 10:58 FP.t ASPEN/PITKIN COM DEV TO • 9-16197289455-090 P.08
i
ATTACHMENT 3
Minimum submission Contents for All Devel<
I�VING EtiECHTER
1:194 WINTERWARM ROAD
V=%LLB900K. CA O�f3
I
i •
i
it Applications
I
All Development Applications- shall include at a 'minimum; the
following information and materials:
t
1. The applicant's name, address and telephone number, contained
within a letter signed by the applicant stating the name,
address and telephone number of the reps sent"ative authorized
to act on behalf of the applicant.
2. The street address and legal description of the parcel on
which the development is proposed to oc ur.
3. A disclosure of ownership of the parcel an which the
development is proposed to occur, con isting 'of a! current
certificate from a title insurance company, or. lattbrney
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.
4. An 8-1/2" X 11" vicinity map locatin the subjec-� parcel
within the City of Aspen.
5.. A; written description of the proposal
written, graphic or model form of how the
complies with the review standards relev
Application.
/das : att3 . minimum
nd an explanIation in
proposed development
.nt to the Development
i
I
I
wjc-tY-'t �vkA Ge_faE�
0
• IRVING
FALLBROOK, CA 92025
Attachment 3 Lot Line Adjustment Lots 3 & 4 Block 1, Aspen Grove Subdivision
1 & 2. 1 , Irving Shechter , Trustee of the Irving Shechter Trust Agreement and residing at 1794
Winterwarm Road, Fallbrook, CA 92028, Tel.# (619) 728 9455 have authorized Louis H.Buettner,
Land Surveyor and residing at 0040 West Sopris Creek, Basalt, CO 81621 Tel # (970) 927 3611
as representative acting on my behalf to present survey and land descriptions to the Aspen/Pitkin
Community Development Department in the matter of a lot line adjusment between Lots 3 & 4
Block 1, Aspen Grove Subdivision, (parcels 056- 04426 & 056-04428) M< Sw M M 1 yJq t-v
3. Enclosed Quitclaim Deed . There are no mortgages, judgements, Liens etc., on these lots, and I
am the sole owner of record at this time.
4. Louis H. Buettner will provide necessary maps for this project.
5. 1 wish to adjust the lot line between Lots #3 and #4. Lot #3 will become larger by 650 to
750(est) sq ft, so that it will be larger than 15,000 sq ft and conform to Aspen Grove Subdivision
and Aspen R-15 subdivision requirements. Lot #4 will become lessened by this amount (650 to
750(est) sq ft. Lot #4 currently has mor than 19,000 sq ft and will still conform to the R-1 5
requirements. The existing road frontage corners and the front lot line arcs will remain the same .
The 7.5 ft utility easements between lots #3 & #4 will be changed to conform to their requirements
a ng the ne t line.
Irvin Suer (�
9 �jO�VN��
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905 ;9eeb, Made this
Lord one thousand nine hundred and
• IRVING `TIER
1
FALL "hiW;CA 92G28
FALLBP,OOKG'ri.
Julie Hane
„ ..... ...._..._.....aaomIlk
17th day of August In the year of our
seventy-seven BETWEEN aMKWA PQ8
IRVING SHECHTER and LISE B. SHECHTER
of the County of Pitkin and State of Colorado, of the Mt part, and
IRVING SHECHTER
of the County of Pitkin and State of Colorado, of the secnd part,
WltImseth, That the said parties of the first part, for and in consideration of the mm of
ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION----- DOLLAPr
to the laid part ies of the Mt part In hand paid by the said partyy �of the aeoerd pert, as
receipt whereof is hereby confessed and acknowledged, he I rerrtCsed, released, Now etlofor
and Quit -Claimed, and by theme presents do remise, release, sell, osavey, sed Qvl$- ce Wo
the laid part y of the second part, h is heirs and assigns tbrmver, A the rW tit&N In.
terest, maim sad demand which the maid parti e s of the first pat have In sod is the falswing
dssarlbW real property situate, lying and being in the County of Pitkin
CA state of Colorado, to -wit:
Lots 3 and 4 Block 1, Aspen Grove Subdivision,
according to the plat thereof on file as document
number 106638, in ditch book 2-A, page 246, of the
records for Pitkin County.
There is excepted from Lot 3, that tract of land
reserved in the deed recorded in book 225, at page
315 of the Pitkin County Records.
The lands are subject to easement and building
restrictions now of record.
......':;; FEE
S E P PAID
To Have and to Hold the Same, Together with all and singular the gearteasome self pdrilegee
theramto belonging or in anywise thersunto appertaining, and all the estate, right, tiff lalarsd
and claim whatsoever, of the said parties of the first part, either in law or equity Is the **
proper use, benefit and behoof of the said party of the second part hi a helm sad sniges fava
In Witness Whereof, The said part ie a of the first part have set the i r
hand a and seal a the day and you first above wri _
shed, Sealed and Delivered in the Presence of x... .. ...................l"...........'-.7.........
—
IRV ING CSTSR
.............................._......_......_.._.._......_ ....
................. _............................ ..................................
LIKE B . >HEM R
_.............._.................................. ........................ .....
._....._......._._...............�
STATR OF COtAMADO, tw. STAVVMT At><XGWLM�
C—ty of Pitkin 111J
Tho tewwisf bloom" Was
aefmowledged before me this 19 th day of Auquet , 1077
VO by* IRVING SHEC=R and LISE B. MMCHTER
Witness my hand and oakW Deal.
My eommlsslon errylrse May 2, 1980
G • • f
e
. ... _QLjrl... ...c..._.... Near�_
>ti
Mary . Dotson T
!• •n�. 'If ..Ilan 1. WWO x ..OnwtWw MP.d4. 1.-.t ...- re Jr .a1.....uaM► eM ew eM cues.
QUIT CLAIM DWW -
0
°!I=ITER
ROAD
information for it to exercise the judgment required of it by these
Covenants.
9. Architectural Committee Not Liable. The Architec-
tural Committee shall not be liable for damages to any person or
entity submitting any plans for approval, or to any owner or Owners
of land within Aspen Grove Subdivision, by reason of any action,
failure to act, approval, disapproval or failure to approve or
disapprove with regard to such plans. The Architectural Committee
shall have no liability or responsibility for any representations
made to any Owner or prospective owner by any third parties. The
decisions of the Architectural Committee shall be governed by these
Covenants and any rules or regulations duly adopted by the
Architectural Committee pursuant to these Covenants.
10. Written Records. The Architectural Committee shall
keep and safeguard for at least five (5) years complete permanent
written records of all approved applications including one (1) set
of the finally approved architectural and site development plans
and of all actions of approval or disapproval and all other formal
actions taken by it under the provisions of this instrument.
11. Authority to Promulgate Rules and Requlatione. The
Architectural Committee may promulgate and adopt written rules and
regulations necessary to implement these Covenants. These rules
and regulations may include submission requirements concerning the
type of information, reports, plans and specifications and other
information necessary to make an informed decision regarding
requests for development, modifications to buildings and the like.
Adopted rules and regulations shall be made available to any owner
who requests a copy thereof.
12. Review Fees. The Architectural Committee shall be
entitled to retain the services of architects, contractors and
other professionals in connection with the review of proposed
development plans for improvements within the Subdivision. The
Architectural Committee and/or the Homeowners Association may
charge a reasonable fee in connection with review of development
plans, which fee shall be set from time to time with approval of
the Board of Directors and which shall be calculated to cover all
reasonable costs associated with development review.
ARTICLE IV
Restrictions and Protective Covenants
1. No Further Subdivision. No lot described on the
recorded Plat of Aspen Grove Subdivision shall ever be further
subdivided into smaller lots or conveyed or encumbered in any less
than the full dimensions as shown on the recorded Plat of Aspen
Grove Subdivision; provided, however, conveyances or dedications of
easements for utilities may be made for less than all of one (1)
lot. No unit may be condominiumized. No time sharing or fraction-
al fee condominiums shall be allowed within the Subdivision.
-p� t 'N 37
1 9" TMWARM
FAL LEnvUn, Cif GZ
information for it to exercise the judgment required of it by these
Covenants.
9. Architectural Committee Not Liable. The Architec-
tural Committee shall not be liable for damages to any person or
entity submitting any plans for approval, or to any Owner or Owners
of land within Aspen Grove Subdivision, by reason of any action,
failure to act, approval, disapproval or failure to approve or
disapprove with regard to such plans. The Architectural Committee
shall have no liability or responsibility for any representations
made to any Owner or prospective owner by any third parties. The
decisions of the Architectural Committee shall be governed by these
Covenants and any rules or regulations duly adopted by the
Architectural Committee pursuant to these Covenants.
10. Written Records. The Architectural Committee shall
keep and safeguard for at least five (5) years complete permanent
written records of all approved applications including one (1) set
of the finally approved architectural and site development plans
and of all actions of approval or disapproval and all other formal
actions taken by it under the provisions of this instrument.
11. Authority to Promulgate Rules and Regulations. The
Architectural Committee may promulgate and adopt written rules and
regulations necessary to implement these Covenants. These rules
and regulations may include submission requirements concerning the
type of information, reports, plans and specifications and other
information necessary to make an informed decision regarding
requests for development, modifications to buildings and the like.
Adopted rules and regulations shall be made available to any Owner
who requests a copy thereof.
12. Review Fees. The Architectural Committee shall be
entitled to retain the services of architects, contractors and
other professionals in connection with the review of proposed
development plans for improvements within the Subdivision. The
Architectural Committee and/or the Homeowners Association may
charge a reasonable fee in connection with review of development
plans, which fee shall be set from time to time with approval of
the Board of Directors and which shall be calculated to cover all
reasonable costs associated with development review.
ARTICLE IV
Restrictions and Protective Covenants
1. No Further Subdivision. No lot described on the
recorded Plat of Aspen Grove Subdivision shall ever be further
subdivided into smaller lots or conveyed or encumbered in any less
than the full dimensions as shown on the recorded Plat of Aspen
Grove Subdivision; provided, however, conveyances or dedications of
easements for utilities may be made for less than all of one (1)
lot. No unit may be condominiumized. No time sharing or fraction-
al fee condominiums shall be allowed within the Subdivision.
6
u
1194 WINT_WWr?N ROAD
FALLBR00K. CA 92028
Notwithstanding the foregoing, a lot line adjustment between two
(2) lots in Aspen Grove Subdivision shall be deemed a permitted
subdivision, subject, however, to any reviews or disapprovals that
may be required by the City of Aspen Land Use Code. Nothing
contained herein shall be deemed to prohibit the ownership of
property by more than one person in the form of a general part-
nership or tenancy in common so long as such ownership is not
intended to result in, and does not have the effect of, creating a
subdivision of the property or a timeshare ownership situation.
2. Domestic Animals. Pets shall be permitted subject
to any rules and regulations which may be promulgated by the Board
of Directors. Dogs shall be kept under the control of the owner at
all times and shall not be permitted to run free or to cause a
nuisance in the Subdivision. No dog shall be permitted to run free
or disturb trash at any time and, particularly, on days where trash
pick-up is scheduled within the Subdivision. Without limiting
other remedies available to the Association, the Board of Directors
may adopt a schedule of fines which may be imposed upon Owners for
pets which are a nuisance and, particularly, for dogs running at
large, disturbing trash and barking. There shall be no farm
animals permitted in the Subdivision. Notwithstanding the
foregoing, no animals may be kept within a lot or the residences
which, in the good faith judgment of the Board of Directors or a
committee selected by the Board of Directors for this purpose,
result in any annoyance or are obnoxious to residents in the
vicinity. Any dog deemed a nuisance or a threat may be removed by
the Homeowners Association following reasonable notification to an
Owner or tenant.
3. Underground Utility Lines. With respect to the new
construction or extension of any utilities, all sewer, gas, elec-
trical, telephone, and other utility pipes or lines within the
limits of Aspen Grove Subdivision shall be buried underground and
not be carried on overhead poles or above the surface of the
ground. Any areas of natural vegetation or terrain in Aspen Grove
Subdivision disturbed by the burying of utility lines shall be
revegetated by and at the expense of the Owner or Owners causing
the installation of the utilities no later than the next growing
season following installation. At the time of construction of any
addition, substantial remodel or installation of new improvements
on any property which currently is connected to utilities through
an above -ground service line, the Architectural Committee may
require the Owner to reinstall the service line underground.
4. Service Yards and Trash. Equipment, service yards
or storage piles on any lots may be permitted during construction
if they receive Architectural Committee review approval. All
rubbish and trash shall be removed from all lots in Aspen Grove
Subdivision and shall not be allowed to accumulate and shall not be
burned thereon.
7
V*
------------------------------------------ __ -- 1----- -
QUbSBNT AND RATIFICATION OF T8B D
Q�7 LLi ;Uv; CA S2028
THIS Cows
ENT AND RATIFICATION OF THE DECORA
COVENANTS OF ASPEN GROVE SUBDIVISION is made a part of that certain
Declaration of Protective Covenants of A TION OF PROTECTIVE
("Declaration") dated the 30th day of December, 1994 a Subdivision
on , 1995 in Book
Clerk of the Court of Pitkin County, t Page in ' and recorded
9 the records of the
Y, Colorado.
FOR GOOD AND VALUABLE CONSIDERATION,
sufficiency of which are hereb the receipt and
tee t e y acknowledged, the undersigned,
the record Owner(s) of Block No.
lie E h i t,; t- a iAspen Gr Lot No, Dart of 3 and at eem as
under that certain deed recorded Ova diviiion, Pitkjn Count o 4
�_1 1987 Y, Colorado,
9&2 in the records of the Clerk and Recorder of Book
County,
Colorado (the "owner" �� at Page
Of the Declaration and agrees that his/her/itsconsents and iownersfies he
shall not adversely affect the existence or co provisions
the Declaration, which Declaration shall run withship interests
as Aspen Grove Subdivision and remain in f continuing validity of
if such Declaration were delivered and re the land known
full force and effect as
delivery and recording of the deed. Corded prior to the
IN WITNESS WHEREOF, the undersigned has executed this
Declaration of the Protective Covenants.
STATE OF Laz(/-(-'� l �
COUNTY OP pp*INy 1
OW
NE
R(S) OB BLOCK NO- I LOT No.part o! and all 4AS
PITRIN COUNUN COP" pROVI SUBDIVISION,
TY, LORADO
M
The foregoing was acknowledged before me this ��sr of �i-L 1995 by 2,�! t t �l� C-� 7 �-� day
record owner o Block Number as the
Subdivision, Pitkin County, Colorado.Lot Number�� Aspen Grove
Witness my hand and official seal.
My commission expires: ..V, 'f
Nola
CHERYL L. MARTINI ..Publ iC
NODW PUBM • GUFORNU
a+w oiEoo oourrry
Mb ca�.w.�en E. Moc X W
i
�,LLB�tCU:, CA SZ0Z8
f EXHIBIT "A"
Lot 3, Block 1, ASPEN GROVE SUBDIVISION, Pitkin County, Colorado.
EXCEPTING that portion lying Southwesterly of a line drawn between
a point on McSkimming Road, being 2 feet Northwesterly of the most
Southerly corner of said Lot 3 and a point N. 24 59' E. 17.00,feet
from the most Westerly corner of said Lot 3. Subject that a utility
easement shall be established and reserved for the use of both the
grantor and the grantees herein, their heirs and assigns, with said
utility easement to be 7 1/2 feet, even width, on either side of
the above mentioned drawn line. Also, subject to building
restrictions recorded as Document No. 106784 in Book 184 at Page
479 in Pitkin County Records.
k
r
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