HomeMy WebLinkAboutcoa.lu.ec.Anderson Lot Line Adjust Lot 1, 2 2737-181-39-002
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CASFJ,..OAD SUMMARY SHEET. CITY Ol'''''SPEN
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DATE RECEIVED: 1/9/96
DATE COMPLETE:
PARCEL ID # 2737-181-39-002
,,",:
CASE # A2-96
STAFF: Mary LackneI
PROJECT NAME: Anderson Subdivision Lot Line Adjustment
Project Address: 215 S. Riverside Avenue
APPLICANT: Robert L. Orr
AddresslPhone:
REPRESENTATIVE: Fred Peirce - Austin, Peirce & Smith, P.c.
Address/Phone: 600 E. Hopkins Suite 205 Aspen, CO 81611 925-2600
FEES:
PLANNING
ENGINEER
HOUSING
ENV HEALTH
TOTAL
$450
$105
$0
$0
$555
# APPS RECEIVED 4
# PLATS RECEIVED
TYPE OF APPLICATION:
Staff Approval
Re\ ie" Bod) 1\ Ieeting Date Puhlic Hearing "?
P&Z DYes DNo
CC DYes r lNo
CC (2nd reading) DYes DNo
REFERRALS: .
D City Attorney
EI City Engineer
D Zoning
D Housing
D Environmental Health
~ Parks
DATE REFERRED:
4n-
D Aspen Fire Marshal
D City Water
D City Electric
D Clean Air Board
D Open Space Board
D Other:
INITIALS: "5 ~J
D CDOT
D ACSD
D Holy Cross Electric
D Rocky Mtn Natural Gas
D Aspen School District
D Other:
DATEDUE: ~
APPROVAL:
OrdinanceIResolution #
Staff Approval
Plat Recorded:
Date:
Date:
Book
,;' -/-'-11..,
, Page
CLOSED/FILED
ROUTE TO:
DATE:
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INITIALS:
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EXHIBIT A
City of Aspen
Pre-Application Conference Summary
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Plan ler Date
Project 1 t:
Applicant s Representative . 'e.
Representative's Phone. f-d;." -~;;(J
Owner'sName /.{o/u, 1- t.. IJ,r
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The applicant has been requested to respond to the following items and provide the following
reports:
Comments
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Lund Use Code Section
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The review is: (P&Z only) (CC only) (P&Z and CC)
Public Hearing: (yes) @7
Deposit for the Application Review: 40ltT
Referral agency Oat fees: /00
TOTAL DEPOSIT ." .5o'?5'
(Additional-OO\lrs arc billcd at a -ralc af $ I 63/1lhj
Referral Agencies
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To Apply Submit the Following Information:
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Proof of ownership,
SigRed f@e agrccment
Applicant's name, address and telephone number in a leUer signed by the applicant
wlllch also states the name, address and telephone number of the representative.
Total deposit for review of the application $ o,xS .
....1- copies of the complete application packet and maps.
Summary letter explaining the request (existing conditions and proposed uses), including
street address and legal description of the property.
An 8 112" by 11" vicinity map locating the parcel within the City of Aspen,
Site plan shall include property boundaries, lot size, proposed access, and physical
features (drainageways, streams, rivers, ~tc,)
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These items need to be submitted if circled:
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List of adjacent property owners within 300 feet of the subject property with addresses.
Site photos,
Proof of legal access to the parcel,
Historic Preservation Commission reviewlapproval.
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EXHIBIT B
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HARHMITV I1HD
ROllERT 1.. OR1~, D.D.S., P.C.. DEFINED IIENEFIT PENS)(Jl, I'L^~: r"r th('
con~jderatl.0n of Forty-fi.ve Thnt""lI1d and no/IOO ($4j.(JOO.()() Dollar:, in
hand paid, hereby cel1.(s) .1ncl convey(,,) to ROIIERT L. ORI:, ',(JO J'att',rsnn
R0ad, Grand .:unction, CO 81506, thc follo"'inl', rcnl prop,.rty in the ('("lOt\'
of Pitkin, Stnte of Coloraclo, to-wit:
1.oc '!, ..nderson Su"di.-Ji~ion, according to the recorded
PInt thcreof in Plat ~ook 8 .1t pnge 62, City of A"pcn
wi th all lts ,"ppU'-l'cnnnccs, lInd \JUrr:lnt(s) title l\) th~~ s....~ml.J, sllbjcrt tn
right~ of v:nys, eagcm('nt~, rCRE'fvntinps .:1nd restrictinns of T.('cnrd~-" .'1nd
~111 19H-; l"t':ll pr'{lp\'rr.~' r;I~.:l'S dl~C iITH! r':"~":1blt~ in llJ1-:k.
Si",Tll'U thi:~ I~;t ,I,-,v of July, I'::H7.
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.Ju1y, lQP.}, hy I{phl!rt" I.. Orr :111(1 (;;1\'1(' !':. {lrr, Trll~.t('t"~ of till" i'i"'dll'rt I..
Orr, n.J1.s., P.C.. !Jpfin('r1 BC'IWfit l'l'llsipn 1'1..m.
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STATE DOCUMEN ' : ''''":II~C- Zf~
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EXHIBIT C
ROBERT L. ORR, D.D.S
GRAND JUNCTION ORTHODONTICS, P.c.
500 Patterson Road
Suite I
Orand Junction, CO 81506
Telephone (970) 243-1532
December 28, 1995
Director, Aspen/Pitkin County
Community Development Department
130 South Galena
Aspen, CO 81611
Re: Application for Lot Line Adjustment for Anderson Subdivision
Dear Director of Community Development:
Please allow this letter to serve as my authorization, as the record owner of Lot 2,
Anderson Subdivision, to the law ftrm of Austin, Peirce & Smith, P,C., 600 E. Hopkins Avenue,
Suite 205, Aspen, CO 81611, Telephone number (970) 925-2600, to process the referenced
application for lot line adjustment between lots I and 2, Anderson Subdivision.
Thank you for your attention to this matter. If you have any questions, please do not
hesitate to give me a call.
Sincerely,
(R~. J:.~
Robert L Orr
RLO/fp
cc: Frederick F. Peirce, Esq.
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APPLICATION FOR LOT LINE ADJUSTMENT
FOR ANDERSON SUBDIVISION
APPLICATION SUBMITTED TO:
Aspen/Pitkin County Community Development
Office
APPLICANT:
Robert L. Orr
APPLICATION SUBMITTED BY:
Austin, Peirce & Smith, P.C., Applicant's attorneys
and agents
DATED:
January 9, 1996
INTRODUCTION
The following application requests approval for a lot line adjustment between Lots 1 and
2, Anderson Subdivision, pursuant to Section 7-1003 (A)(1) of Chapter 24 of the Municipal Code
of the City of Aspen. This application qualifies for exemption from the definition of subdivision
under Section 7-1003(A)(I) of Chapter 24 of the Aspen Municipal Code since it involves
adjustment of a lot line between contiguous lots which are under separate ownership in a prior
legally approved subdivision. Additional review requirements include parks and engineering
department review (See Pre-Application Conference Summary, Exhibit A).
This application is submitted pursuant to Section 7-1003(A)(I) of Chapter 24 of the
Municipal Code of the City of Aspen by Robert L. Orr, the owner of Lot 2, Anderson Subdivision
(See Warranty Deed recorded in Book 544 at Page 489, Exhibit B). The applicants representative
with respect to this application is Austin, Peirce & Smith, P.C. (See Authorization to Represent,
Exhibit C).
The consent of the owners of Lot 1, Anderson Subdivision is reflected in the Lot Line
Adjustment and Sewer Easement Agreement recorded in Book 785 at Page 851 of the Pitkin
County Real Property Records, a copy of which is attached hereto as Exhibit D. The copy of the
Plat for Anderson Subdivision recorded in Plat Book 8 at Page 62, reflects that Albert W.
Anderson and Edwin Paul Anderson are the owners of Lot 1. A copy of the plat is attached
hereto as Exhibit E.
PROPERTY AND SURROUNDING ENVIRONMENT
As the vicinity map attached hereto as Exhibit F shows, the property is located just south
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of Highway 82 (Cooper Street), across the Roaring Fork River from the Chateau Roaring Fork
condominiums. It consists of a two lot subdivision pursuant to the plat for Anderson Subdivision
recorded in Plat Book 8 at Page 62 of the Pitkin County real property records. The remaining
property surrounding the subject property includes residential condominium development to the
west (Chateau Roaring Fork and Chateau Bau Claire) and east (Molly Gibson Loop and Smuggler
Loop Condominiums and Lacet Condominiums) and south (Redwood Condominiums) and multi
and single family residences to the north across Highway 82 along Riverside Avenue and Park
A venue. The property consists of two lots comprising roughly 60,564 square feet (Lot 1 consists
of 54,477 square feet; Lot 2 consists of 6,087 square feet), Lot 1 is accessed off of Highway 82;
Lot 2 is accessed off Riverside A venue directly east of the property. Anderson Subdivision was
legally created in December, 1979 (See plat attached hereto as Exhibit E). Likewise, the property
exceeds the minimum lot area requirement of the underlying zone district for each lot (R-6, PUD).
Lot 1 contains an existing residence while Lot 2 remains unimproved as of this date. Both lots
have available to them the following utilities: water, sewer, electricity, gas, cable television and
telephone.
PROPOSAL
The southerly border of Lot 2 is currently encumbered by a twenty foot sewer and utility
easement, accessing both Lots 1 and 2. The parties have agreed, by virtue of the Lot Line
Adjustment and Sewer Easement Agreement to move Lot 2 to the north roughly twenty feet to
take it off of the referenced utility and access easement. Since the lot is irregularly shaped, by
moving the southerly boundary twenty feet to the north, the northerly boundary will be moved
a smaller distance, but the resulting square footage of both lots will remain unchanged. The First
Amended Plat of the Anderson Subdivision, attached hereto as Exhibit G, reflects the boundaries
of the new proposed Lot 2 as well as the former lot line of Lot 2 prior to the proposed lot line
adjustment.
The referenced Lot Line Adjustment and Sewer Easement Agreement will provide a sewer
easement from Lot 2 through Lot 1 to the existing sewer service to the residence located on Lot
1 and then on to the sewer main located on Highway 82. Additional utilities will be available
from Riverside Avenue and/or through the utility easement located at the southerly boundary of
Lot 2,
REVIEW REQUIREMENTS
This proposed lot line adjustment is subject to the provisions of Section 7-1003 (A)(1) of
Chapter 24 of the Municipal Land Use Code. In order to qualify for an exemption from the
definition of subdivision, a lot line adjustment must adjust the lot line between contiguous lots
which are under separate ownership when all of the following conditions are met:
1. It is demonstrated that the request is to COrrect an engineering or a survey error in
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a recorded plat or is to permit an insubstantial boundary change between adjacent parcels.
Response. The requested lot line adjustment moves Lot 2 of the Anderson Subdivision
roughly twenty feet to the north on the southerly boundary and less on the northerly
boundary. The resulting Lot 2 contains the exact amount of square footage as the Lot 2
prior to the adjustment and its location is in substantially the same position, Accordingly,
it constitutes an insubstantial boundary change between adjacent parcels, ie.. Lot 1 and Lot
2, Anderson Subdivision.
2, Both landowners whose lot lines are being adjusted provide written consent to the
application.
Response. Robert L. Orr as the owner of Lot 2 and the Applicant has submitted with
this application a written consent to the application and to authorize Austin, Peirce &
Smith, P,C, to pursue the application on his behalf. Albert W. Anderson and Edwin Paul
Anderson, as trustees, are the owners of Lot 1, Anderson Subdivision, By virtue of their
execution and recordation of the Lot Line Adjustment and Sewer Easement Agreement
recorded in Book 785 at Page 801 on July 3, 1995, they have consented to this proposed
lot line adjustment. In fact, the referenced Lot Line Adjustment and Sewer Easement
Agreement requires the Applicant to pursue this application on behalf of Lots 1 and 2,
Anderson Subdivision.
3. It is demonstrated that the request is to address a specific hardship.
Response. In its current configuration, the southerly boundary of Lot 2 is encumbered
by a twenty foot wide utility and access easement. In its current configuration, this access
and utility easement covers roughly 1,120 square feet or eighteen percent of the total area
of Lot 2. The requested lot line adjustment would move Lot 2 out of the surface area of
this utility and access easement and would have no adverse impact on Lot 1 or the
adjoining properties in the area.
4. The corrected plat will meet the standards of this division, and conform to the
requirements of this chapter, including the dimensional requirements of the zone district in which
the lots are located, except in cases of an existing non-conforming lot, in which the adjustment
shall not increase the non-conformity of the lot.
Response. The proposed lot line adjustment will not change the total square footage
of Lot 2 from its current configuration. In addition, the proposed configuration of Lot 2
in this application will be virtually identical to its current configuration, subject to minor
differences to retain an equal number of square footage. Other than the proposed
adjustment of the lot lines between Lot 1 and Lot 2, the plat will be virtually identical to
the plat provided and recorded for Anderson Subdivision in 1979. In addition, it will be
reviewed by the Engineering Department for conformance with current subdivision plat
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requirements.
5, It is demonstrated that the lot line adjustment will not affect the development rights
or permitted density of the affected lots by providing the opportunity to create a new lot for resale
or development.
Response. Since the proposed lot line adjustment will result in the same number of lots
as are currently approved in the Anderson Subdivision, and since these lots will remain the exact
same size, it is anticipated that the proposed amendment will not affect the development rights or
the permitted density of the affected lots.
SlJMMARY
The proposed lot line adjustment reflected in the proposed First Amended Plat of the
Anderson Subdivision complies with all of the requirements of Section 7-1003 (A)(l) of the
Municipal Land Use Code of the City of Aspen and, accordingly, the Applicant hereby requests
that you grant the lot line adjustment exemption approval of the First Amended Plat of Anderson
Subdivision.
Respectfully submitted,
AUSTIN, P
ITH, P.C.
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Freden elrce, attorney
a gent for Robert L. Orr
4
Ronald D. Austin
Frederick F. Peirce
Thomas Fenton Smith
AUSTIN, PEIRCE & SMITH, P.c.
Attorneys At Law
600 E. Hopkins Avenue
Suite 205
Aspen. Colorado Bl611
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JAN 0 9 199,
Telephone
(970) 925.2600
Facsimile
(970) 925-4720
January 9, 1996
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VIA HAND DELIVERY
Ms, Mary Lackner
Aspen/Pitkin County Community Development Department
130 S, Galena Street
Aspen CO 81611
Re: Application for Lot Line Adjustment for Anderson Subdivision
Dear Mary:
Accompanying this letter is a complete application for lot line adjustment for the Anderson
Subdivision, I have enclosed four copies of the within application, prepared by this office, each of
which includes copies of the following documents:
I. Pre-application Conference Summary Sheet;
2. Warranty Deed conveying Lot 2, Anderson Subdivision to Robert L. Orr, the applicant
of the within application, recorded in Book 544 at Page 489 of the Pitkin County real
property records;
3. Letter from Robert L. Orr authorizing us to submit this Application on his behalf;
4. Copy of Lot Line Adjustment and Survey Easement Agreement recorded July 3, 1995
in Book 785 at Page 80 I of the Pitkin County real property records;
5. Plat of Anderson Subdivision recorded December 19, 1979 in Plat Book 8 at Page 62
of the Pitkin County real property records;
6. Vicinity map for the Anderson Subdivision, reflecting Lots I and 2 of the Anderson
Subdivision, prepared by Alpine Surveys, Inc. (2 pages)
7. Proposed First Amended Plat of the Anderson Subdivision reflecting the requested lot
line adjustment.
C:IOFFICEIWPWINIWPDOCSIORRILACKN108.L TR
,
AUSTIN, PEIRCE & SMITH, P.c.
AlIomeys At Law
Ms. Mary Lackner
January 9, 1996
Page 2
Also enclosed is a check payable to the City of Aspen Community Development Department
in the amount of $525.00 to cover the application fee as set forth in the Pre-application Summary
Sheet.
This application is submitted pursuant to Section 7-1 003(A)(1) of Chapter 24 of the Municipal
Code of the City of Aspen to adjust the lot lines between Lots I and 2, Anderson Subdivision.
Please feel free to give me a call with any questions or comments you may have regarding the
enclosed application after you have had the opportunity to review it. As soon as you have certified
the application as complete and have ascertained a timetable for a decision by the Director of
Community Development, please let me know. I look forward to hearing from you shortly.
Sincerely,
AUSTIN~ErRCE & SMITH, P.C.
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By: . -------
Fred~eirce
Encls.
cc: Dr. Robert L. Orr
C:IOFFICElWPWlNIWPDDCSlORRILACKN108.L TR
MEMORANDUM
To: Dave Michaelson, Planning Office
From: Chuck Roth, Engineering Department (!j!..
Date: January 22,1996
Re: Anderson Subdivision Plat Amendment
(Lots I & 2, Anderson Subdivision; Parcel ID No. 2737-181-39-002)
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
1. IOO-Year Floodplain - Any development activity within the 100-year floodplain requires a
stream margin review approval by the City. It is preferable that the sewer easement be located and
the sewer installed outside of the IOO-year floodplain. I called the Sanitation District, and they do
not know about the sewer line proposal. This should be worked out between the applicant and the
Sanitation District and documentation provided to the City. I also talked with the applicant's
representative. He explained that one of the reasons for the proposed sewer easement was to tie
into the existing sewer service of Lot I. Although the matter is between private parties, we would
appreciate comment from the Sanitation District through the applicant. As a land use planning
matter, it is inadvisable for adjacent property owners to share sewer service lines, especially if site
conditions do not dictate. Fred Peirce indicated that the easement is already in place and that the
paperwork to alter the easement might be cumbersome. The plat could contain a general note
modifying or superseding the original easement.
2. Plat Contents - The original plat lacks many of the City Code requirements of Section 24-7-
I004.D. It may not be appropriate to require those items at this time, for the proposed amendment.
If however in the future additional platting is performed, it may be appropriate at that time to bring
the platting into full compliance with the Code. At this time the following additional plat contents
will suffice:
a. Title certificate; zone district; date of title policy; area of lots to 0.001 acre; description of
monumentation
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b. A general note referencing the original plat by book and page, and stating the changes
from the original plat.
c. A general note stating that there are many existing improvements on the site which were
not shown on the original plat and are not shown on the plat amendment, including but not
limited to _ number of cabins, and enumerating other improvements of which the
applicants and their representatives have knowledge.
d. A general note stating that any development within the 100-year floodplain or within 100
feet of the mean high water line of the Roaring Fork River requires stream margin review by
the City of Aspen.
e. Show the driveway; change "Planning Director" to "Community Development Director."
3. Work in the Public Right-of-wllY - Given the continuous problems of unapproved work and
development in public rights-of-way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5088) for design of
improvements, including landscaping, within public rights-of-way, parks
department (920-5120) for vegetation species, and streets department (920-5130) for
street and alley cuts, and shall obtain permits for any work or development,
including landscaping, within public rights-of-way from city engineering
department.
cc: Nick Adeh, City Engineer
Tom Bracewell, Aspen Consolidated Sanitation District, 565 North Mill Street, Aspen
Fred Peirce, Austin Peirce & Smith, 600 East Hopkins A venue, Aspen
M96.20
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MEMORANDUM
TO:
Stan Clauson, Community Development Director
FROM:
Suzanne Wolff
RE:
Anderson Subdivision Exemption for a Lot Line Adjustment
DATE:
January 31, 1996
SUMMARY: The applicant is requesting approval of a Lot Line Adjustment to move Lot 2
approximately 20 feet to the north in order to exclude from the lot a twenty foot access and utility
easement. The square footage of both Lots I and 2 will remain unchanged after the adjustment.
The applicant also proposes to amend the Anderson Subdivision plat to vacate the access
easement and to provide a sewer easement to Lot 2 through Lot I.
APPLICANT: Robert L. Orr
REPRESENTATIVE: Fred Peirce
LOCATION: Lots I and 2, Anderson Subdivision; south of Highway 82, across the Roaring
Fork River from the Chateau Roaring Fork condominiums.
ZONING: R-6
BACKGROUND: The Final Plat of the Anderson Subdivision was approved on December 13,
1979, and was recorded in Plat Book 8 at Page 62.
STAFF COMMENTS: Section 26.88,030(A)(1) allows the Community Development Director
to approve an adjustment of a lot line between contiguous lots if all of the following conditions
are me\:
I. It is demonstrated that the request is to correct an engineering or survey error in a
recorded plat or is to permit an insubstantial boundary change between adjacent parcels.
Response: The adjustment constitutes an insubstantial boundary change because the
square footage of both Lots I and 2 will remain unchanged after the adjustment.
2. All landowners whose lot lines are being adjusted shall provide written consent to the
application; and
Response: Written consent from Robert Orr is included with the application. Albert W.
Anderson and Edwin Paul Anderson, owners of Lot I, have consented to this application
by virtue of a Lot Line Adjustment and Sewer Easement Agreement recorded in Book
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785 at Page 801 on July 3, 1995. The Agreement requires Mr. Orr to pursue this
application.
3. It is demonstrated that the request is to address a specific hardship; and
Response: Lot 2 is currently encumbered by a 20 foot wide access and utility easement.
This easement covers approximately 1,120 square feet or 18% of the total area of Lot 2.
4. The corrected plat will meet the standards of this chapter, and conform to the
requirements of this title, including the dimensional requirements of the zone district in
which the lots are located, except in cases of an existing nonconforming lot, in which the
adjustment shall not increase the nonconformity of the lot; and
Response: Since the adjustment will not change the size of either lot, both lots will
remain conforming with regard to lot size in the R-6 zone district (Lot I contains 54,477
square feet and Lot 2 contains 6,087 square feet),
5. It is demonstrated that the lot line adjustment will not affect the development rights or
permitted density of the affected lots by providing the opportunity to create a new lot for
resale or development.
Response: No new lots will be created by the adjustment. The adjustment will not affect
the development rights or permitted density of the lots. The lot area, and the allowed
floor area, of Lot 2 will not be affected by the adjustment.
REFERRAL COMMENTS: Chuck Roth, City Engineer, notes that the sewer easement is
located within the 100 year floodplain, which would require stream margin review approval.
Due to the existing development on the property, staff recommends that the applicant apply for a
stream margin review exemption prior to extension of the sewer line.
Permits are required for any work or development within public rights-of-way; permits can be
obtained from the Community Development Department. Roth also recommends various
amendments to update the plat; these recommendations are included as conditions of approval.
RECOMMENDATION: Staff recommends approval of the request for a subdivision
exemption for a lot line adjustment between Lots I and 2 of the Anderson Subdivision, subject to
the following conditions:
1. The plat shall be signed and recorded within 180 days from the date of this approval,
otherwise the approval shall be rendered null and void. The plat shall be anlended as
follows:
. Include a title certificate, zone district, date of title policy, area of lot to 0.001
acre, description of monumentation,
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. Include a general note referencing the original plat by book and page and stating
the changes from the original plat.
. Include a note describing the existing improvements on the site which are not
shown on the plat.
. Include a note that any development within the I 00 year floodplain or within 100
feet of the mean high water line of the Roaring Fork River requires stream margin
reVIew.
. The driveway shall be shown on the plat.
. The "Planning Director Approval" shall be changed to "Community Development
Director Approval".
2. The applicant shall apply to the Community Development Department for a Stream
Margin Review Exemption prior to extension of the sewer line across Lot I to Lot 2.
I hereby approve the Anderson Subdivision Exemption for a Lot Line Adjustment, subject to the
conditions noted above.
0Lz.-Qvt1J-F07L ~~ Cu.os:~~
Stan Clauson, Community Development Director
21-1 (0
Date
Exhibits:
A. Referral Comments
B. Application
C. Proposed Anderson Subdivision First Amended Plat
3
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SIL'VIA DAVIS
r'-tJl/.I.l, 'ell""':'I':!::' .l"':::'':IH fJl:i.l UI- i
p,"'- IN COUNTY CLERK & RECORDe
REC
1&.00
VUC
Nl
EXHIBIT D
LOT LINE ADJUSTMENT & SEWER EASEMENT AGREEMENT
THIS LOT LINE ADJUSTMENT & SEWER EASEMENT AGREEMENT is made by and
between Albert W. Anderson, Trustee, and Edwin Paul Anderson, as Trustees (hereafter collectively
"Anderson"), whose address is c/o Albert W, Anderson, P.O. Box 1862 (74502), 1804 Cardinal
Lane, McAlester, Oklahoma (74501), and Robert L. Orr (hereafter "Orr") whose address is 500
Patterson Road, Grand Junction, CO 81506,
RECITALS
A. Anderson is the owner of the real property described as Lot I, Anderson Subdivision,
according to the Final Plat thereof recorded on December 19, 1979, in Plat Book 8 at Page 62, in
the Clerk & Recorder's Office of Pitkin County, Colorado (hereinafter "Lot I").
B. Orr is the owner of. the real property described as Lot 2, Anderson Subdivision,
according to the Final Plat thereof recorded on December 19. 1979, in Plat Book 8 at Page 62, in
the Clerk & Recorder's Office of Pitkin County, Colorado (hereinafter "Lot 2").
C. All reference to the plat shall refer to the Final Plat of Anderson Subdivision or any
amended plats thereof.
D. Orr desires to have the lot line between Lots I and 2 adjusted a hereafter provided
and to obtain an easement for a sewer line under a portion of Lot 1.
COVENANTS'
In consideration of the premises and for other good and valuable consideration, the adequacy
of which is hereby acknowledged, Anderson and Orr agree as follows:
1, Orr shall prepare and submit, at his sole cost and expense, an application to. the City
. of Aspen, Colorado, for a lot line adjustment between Lot 1 and Lot 2, The lot line adjustment shall
provide that (a) the northerly boundary of Lot 2 is moved twelve (12) feet northerly of and parallel
to its present course; and (b) the southerly boundary of Lot 2 is moved twenty (20) feet northerly
of and parallel to its present course. All adjustments shall be made so that the easterly and westerly
. boundaries of Lot 2 continue in a straight line along their present courses and so that the net square
.
footage in Lot 2 as adjusted shall be the same as Lot 2 as presently platted. The access easement
encumbering the twenty (20) foot strip of land southerly and adjacent to' the southerly boundary of
Lot 2 shall be vacated by Orr and Anderson on tlle amended plat hereafter described. The non-
exclusive sewer easement for Orr's benefit as hereinafter provided for shall extend from the northerly
border of Lot:Z to the sewer line existing in place that currently serves the existing structure on Lot
1. The sewer eas"ement shall be bounded by the "100 year flood plain" on its easterly side and
extend twelve (12) feet westerly, It shall be depicted on the amended plat.
2. Orr shall cause to be prepared an amended plat at his sole cost and expense.
I
'38296&
B-785 P-802'''' :/03/95 10:59A PG 2
OF
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3. Upon approval of said lot line adjustment by the City of Aspen, Anderson and Orr
shall execute the approved amended plat reflecting the lot line adjustment and sewer easement and
vacation of the existing access and utility easement described in Paragraph I above. Ore shall, at
his sole expense, obtain the signatures required from the City of Aspen for recording thereof.
4, Orr shall, at his sole cost and expense, record the amended pIaL
5. Orr shall, upon recording of the amended plat, execute a special warranty deed
conveying the 20-foot strip of land adjacent to the southerly boundary of Lot 2 to Anderson, with
Orr retaining the utility easement currently in place.
6. Anderson shall, upon recording of the amended plat, execute a special warranty deed
conveying tlle 12-foot strip of land adjacent to the northerly boundary of Lot 2 and a non-exclusive
permanent twelve (12) foot sewer easement to Orr for the benefit of Lot 2 extending from the
northerly boundary of Lot 2 to the sewer line existing in place which currently serves the existing
residence on Lot 1. Said sewer easement shall be bounded on its easterly side by the "100 year
flood plain" as shown on tlle plat and extend approximately twelve (12) feet in a westerly direction,
7. Anderson and Orr shall perform such further acts and execute and deliver such
additional documents as shall be reasonably necessary to effectuate and carry olit the provisions of
this agreement
(l~J~
Albert W. Anderson, rustee
LOfte ~ , Asx:J-o ro-l~
Edwin Paul Anderson, Trustee
~x.~
Robert L. Orr
.
2
.
3829&&
B-785
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P-80X 47/03/95 10:59A PG 3
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STATE OF OKLAHOMA )
. )ss,
COUNTY OF PITTSBURGH )
This Lot Line Adjustment and Sewer Easement Agreement was duly acknowledged before
me by Albert W, Anderson, Trustee, on r /0 ,1995,
Witness my hand and official seal,
Mv commission expires: .3 -).. ,. -'7 i
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COUNTY OF. .l m~ )
ag~~ I.~~<
Notary Public
This Lot Line Adjustment and Sewer Easement Agreement was duly acknowledged before
me by Edwin Paul Anderson, Trustee, on ~ J;;l.. , 1995.
'~s my hand and official seal.
.' "I~e.r:-.if.IIDssion expires: .9.-/8-9 <..
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COUNTY OF MESA )
. this Lot Line Adjus~nt and Sewer Easement Agreement was duly acknowledged before
me by Robert L. Orr, on '-'\hl'Nl \ "\ , 1995.' .
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