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coa.lu.ec.Anderson Lot Line Adjust Lot 1, 2 2737-181-39-002
~"~'_'~''-''''_'''___''''.''''''''''''''~v' -""__-'""'''''.___...'''-'...<,........c..,.''''.~.._..,...",. CASFJ,..OAD SUMMARY SHEET. CITY Ol'''''SPEN ". ~. 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: 'Jf / ., , .2 crtb I ' INITIALS: 1. ' klH 2737-181-39-002 A2-96 Anderson Subdivision Lot Line Adj Aspen/Pi�tkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit -63855-042 Flat Fee -63860-043 HPC -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 rrNO 1 Address: 1 1) Phone: Total 3 O , ( L Date:_ Check: Z,2 q Project: CIy&�C,m Case No: No. of Copies unity Develop artment 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit rod) -63855-042 Flat Fee -63860-043 HPC -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 00115-6334 163 City Engineer 00123-63340'. 90 Housing 00125-63340- 5 Environmental Health 00113-63815-036 County Clerk Sales: 00113-63830-039 Coun Code -69000-145 C.oees Other Name:i•_i'r L Orr Phone: Total 5a:5. w Dates g Check: Project: �. lot Li w- I Case No: fi;k-9 /a No. of Copies 4 CAS AD SUMMARY SHEET - CITY OPEN DATE RECEIVED: 1/9/96 CASE # A2-96 DATE COMPLETE: STAFF: Mary Lacknei PARCEL ID # 2737-181-39-002 PROJECT NAME: Anderson Subdivision Lot Line Adjustment Project Address: 215 S. Riverside Avenue APPLICANT: Robert L. Orr Address/Phone: REPRESENTATIVE: Fred Peirce - Austin, Peirce & Smith, P.C. Address/Phone: 600 E. Hopkins Suite 205 Aspen, CO 81611 925-2600 FEES: PLANNING $450 ENGINEER $105 HOUSING $0 ENV HEALTH $0 TOTAL $555 ❑ City Attorney R City Engineer ❑ Zoning ❑ Housing ❑ Environmental Health Parks # APPS RECEIVED 4 # PLATS RECEIVED TYPE OF APPLICATION: Staff Approval ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE REFERRED: INITIALS: DATE DUE: APPROVAL: Ordinance/Resolution # Staff Approval Plat Recorded: CLOSED/FILED DATE: Z INITIALS: ROUTE TO: Date: Date: Book Page EMiIBIT R City of Aspen Pre -Application Conference Summary 1' an ier Date Project �di I-f ,,I e �v��°�vii�i+� r✓y L�i� i ccr`,t..or; Applicant's Representative 1�-e,-/ /Free. Representative's Phone e1W Owner's Name / OA, t l- Dr, - Type of Application r-;t Description of the project/development being requ t..-! in i. ,, Ln .J' i /JS7 ? % //S C/ `c7 The applicant has been requested to respond to the following items and provide the following reports: Land Use Code Section /O 1) 3 Referral Agencies Conuneuts 5' P i f1fie, • /e,, C) r -t Ile ,Yel v The review is: (P&Z only) (CC only) (P&Z and CC) Public Hearing: (yes) no Deposit for the Application Review: 4a Referral agency flat fees: /Oo TOTALDEPOSIT (Additional�reur� To Apply Submit the Following Liformation: Proof of ownership. 2 .—&ig,ne"e"gmew=L - Applicant's name, address and telephone number in a letter signed by the applicant which also states the name, address and telephone number of the representative. ( Total deposit for review of the application $ S��S 4 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. CZ? An 8 1/2" by 1 l" 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, etc.) These items need to be submitted if circled: Pf 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 review/approval. w m EXHIBIT B L!7 N o � U cc C11 PION _ >� � U x mn � WARRAN•1•y PFF.D RODE.1"T L. 0101, D.D.S. , P.C. , DEFTNED BENEFIT 1'ENSI0;", I I,AN for the consideration of ForLy-five Thousand and no/100 ($4j,000.0(j Dollar:; in hand paid, hereby sell(s) Find convey(s) to R013EFT L. ORL, 7* ,00 1'att,_rson Road, Grand .unction, CO 81506, the following real. prop.!rty in the Cr:rnty of Pitkin, StaLe of Colorado, to -wit: Lot ?, ,•nderson Subdivision, according to the recorded Plat thereof: in flat ]took 8 at page 62, City of Aspen with all its appurtenances, and warrnnt(s) title. Lo they sane, subjert to rights of ways, casements, reservatiors and restrictions of records, and al I I1+87 rr; ? l,r'clperr.e ta::is ciec and f }abl(-- in 1988. Si ;ned this. Ist l v of July, 1987. ROBERT L. MR, DAIS, P.C. BI:NI;FI',' PENSION Pobvrt L. Orr, Trus.Lee Gayle It. Orr, Truster :Jr1TEI OF fall OKAM) ) r�s COUNTY OF MESA 1 The foregoitin inr.trument was nclrnowlcdged before me this 1st day rf July, 1.9P,7, by Robert L. Orr and Gavle E. Orr, of the I.. Orr, D.D.S. , P.C. , Dvfined Benefit Pension Plan. My enromi>.si(oil ex.j.,ires: Au s,/Y90 lJ i t tese my (rand ;roc! c, i' f i, ;I] STATE DOCUMENTARY rr-C ' •t 1987 ;ic.tat rb it - c\cicjrc..'s: 418+ Prospectors Pt. Grand Junction, CO 111`110.', EXHIBIT F First. Amended Plat of the Anderson Subdivision i (VICINITY MAP �-,�; Cyr, S CoAft E� Er f1VD - 5A 'p 6' ' w '7 , iT g-6601, o — \ N:$-Off, �_ ��a26 INOy(IMTOM ,r N IW ` r7 :i v 4 `2 7ihbi )' t "A. 13 pp \. F12 34 W io�y 8 I , Cr * /c ► a P O y W r:• 07�1. �''9 I : al, ,� /1'•� uH : a4ie > •(ew ois a 1, ' M/3.o6 e/� S'' d J i ^,f• °io a" u o� 8_ Y o� os O u j W e e • Q (E�EMPT) N n +p 1Sjr �i COOPER H (J r(or 21E 1 y WE O vx/ 1 BS S 37 14 . r 6500 °� MAR _ 69.04 / ; ) ` SUB. ' /y r .4 O /5314 ` r O O Q 17 dU W '+ 22 E Ww Kp SON '' o^ 7yA V / 2 •`, 4'� 0 15 '� Q' S t ,� ^'ALL r ON 2 0 "a+~,o "I _ '� , ERGUSON EXEMf 1 IOr �r 1 ANDLRS;I wl�x�^I / SUBDIVISION LOT Q ©' a•,tb�'�: .7sr `��'iC;� /.F 3 ' O 9 2 .17 112 AC ti �(`� 1 % a �C• � J / , 4 155 T BUCKWH AT 00 00T. SUBDIVI ION \ \ <O ADJOINING o 04 1, \ UyQ 7 7-Ib cum UJMIh.uM \ n _ N89-44E r •� _ _ 53.21 o I00.00 ra'. c 12 oii r� w I ° I � 13 2.4 AC. 00 X `3y;10 n 00\\�, 7 130 ..02FJ CIDd 0i N59-44E 2HB.9U ! 0 12 m i 9 4 3 it 1 n Od s d. 14 D cc 7 (o0• -0 1 2 rp 1 a it RIVERS DE S ISION L In 10 �� T � 1 171� r �S L o / Lc7I, t 5 oc J r' a 5 A. Q� � m l / , 1 eve) W � I 17 tiltd m OI' I 24 I l , GQiRDCu�""'/ t6 RIVERSIDE 23 i o2 ,, _. I o N 19 20 01, -55W v' I I 29.9�,. tGi J i 5ti p r I N q9 52 E' 531 6 oQ 128 dT I y�. 15 -- ' N'7?-Sic e' - — ozp) I � •� � 7 6 1 SSnC '' \ �l�d(� 8 007 vv, " n /�1 3 �� •�F,O 5 4 � 0 • ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: City Engineer Parks FROM: Suzanne Wolff, Planner RE: Anderson Subdivision Lot Line Adjustment Parcel ID No. 2737-181-39-002 DATE: January 10, 1996 Attached for your review and comments is an application submitted by Robert Orr. Please return your comments to me no later than January 22. Thank you. • • EXHIBIT C ROBERT L. ORR, D.D.S GRAND JUNCTION ORTHODONTICS, P.C. 500 Patterson Road Suite 1 Grand 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 firm 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 1 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, JR6-C-e-J X.O" Robert L. Orr RLO/fp cc: Frederick F. Peirce, Esq. 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 1112ftall Dillon LIXII 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)(1) 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)(1) 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. As the vicinity map attached hereto as Exhibit F shows, the property is located just south 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 Eau 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 Avenue. 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 Avenue 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. ';1'1 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. 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 2 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, if, 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 3 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. 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)(1) 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 SMITH, P.C. Peirce, attorney for Robert L. Orr In Ronald D. Austin Frederick F. Peirce Thomas Fenton Smith Catalina Cruz VIA HAND DELIVERY AUSTIN, PEIRCE S& SMITH, P.C. Attorneys At Law 600 E. Hopkins Avenue - Suite 205 n �r Aspen, Colorado 81611 JAN 0 9 1991 January 9, 1996 rr/P11y�/' 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: Telephone (970)925-2600 Facsimile (970)925-4720 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: 1. 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 801 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 1 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:\OFFICE\WPWIN\WPDOCS\ORR\LACKN108.LTR AUSTIN, PEIRCE & SMITH, P.C. Attorneys 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 7-1003(A)(1) of Chapter 24 of the Municipal Code of the City of Aspen to adjust the lot lines between Lots 1 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, AUSTIN4P IRCE & SMITH, P.C. By: Frederic eii Encls. cc: Dr. Robert L. Orr C:\OFFICE\WPWIN\WPDOCS\ORR\LACKN108.LTR 4 0 0 MEMORANDUM To: Dave Michaelson, Planning Office From: Chuck Roth, Engineering Department Date: January 22, 1996 Re: Anderson Subdivision Plat Amendment (Lots 1 & 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. 100-Year F000dplain - 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 100-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 1. 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- 1004.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 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 Rig t-of-waX - 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 Avenue, Aspen M96.20 2 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 1 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 1. APPLICANT: Robert L. Orr REPRESENTATIVE: Fred Peirce LOCATION: Lots 1 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 met: 1. 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 1 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 1, have consented to this application by virtue of a Lot Line Adjustment and Sewer Easement Agreement recorded in Book 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 1 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 1 and 2 of the Anderson Subdivision, subject to the following conditions: 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 amended as follows: Include a title certificate, zone district, date of title policy, area of lot to 0.001 acre, description of monumentation. 0) • • • 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 100 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 1 to Lot 2. I hereby approve the Anderson Subdivision Exemption for a Lot Line Adjustment, subject to the conditions noted above. x I- Stan Clauson, Community Development Director Date Exhibits: A. Referral Comments B. Application C. Proposed Anderson Subdivision First Amended Plat .Sbcyau b- 16 J 1-•-da 1, I VJ : L)9H Nv 1 OF, REC DOC N( SILVIA DAVIS P IN COUNTY CLERK & RECORD* 16.00 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 1, 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 1 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 bounda Gies 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 the 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 2 to the sewer line existing in place that currently serves the existing structure on Lot 1. The sewer easement 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. '382966 B-785 P-80'* 703/95 10:59A PG 2 OF` 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 1 above. Orr 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 plat. 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 the 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 the 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 out the provisions of this agreement. Albert W. Anderson, rryu-s��tee� Edwin Paul Anderson, Trustee Robert L. Orr 2 382966 8-785 P-800J7/03/95 10:59A PG 3 00 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 U , 1995. Witness my hand and official seal. My commission expires:.3 ..).1 �7 5 PUBLIC IN AUD FCA 0 1TJ,1tOF T A. 3'IATi',COLORADO ) )ss. COUNTY OF ' a, -z ) MOONotary Public / This Lot Line Adjustment and Sewer Easement Agreement was duly acknowledged before me by Edwin Paul Anderson, Trustee, on u... / a , 1995. my hand and official seal. mission expires: J-19.9 (e ;....•o` S'I AT& 'COLORADO )ss. COUNTY OF MESA N tary Pu is�_xr�cJ this Lot Line Adjus nt and Sewer Easement Agreement was duly acknowledged before me by Robert L. Orr, on , 1995. Witness my hand and official seal. T •• dRv.,,�� My commission expires: •;.,IOTA •..� . [SEAL] Notary Public andersonUotine.agr v7 '• J �� ' �� •C 0 .�`r 4 EXH, BIT E 0 vi -ANDERSON" Tril:: JWI`/Iry1ON PLAT '-P Tr1E. AI1r7ER`,Oh 9UTSDIVt',IDN ,VA'. A EnTED F3Y 7 J 1T Y G GIL OF Tr1F _ I l Y 'f A`,PCN THI � )! r!A•r OF L 09. NERI'Wv EfJEI. MA rOT2 AT TE 57 IKAThR-rh _IT'r _LtRlI THf: JUTi01✓Il1i1I PLAT OF THE AtiPER70W SUWivI910N WA5 APPROVW r3Y THE. CiT EWANE :F- , CITY cv, ASPEN, STATE OF COL09^Vo, THIS .1.1.... W C)P- L f .: ' , 1479 L17Y et7 irimER, THIS 5UF.%;1VIlA MV PLAT Cr THE AhVt3eCly SL�DIVI51ON VA5 APPRCVPt7 6Y THE GIN X A6MN PLAhNLNC1 AND Z^.•NINE, THIN _.:...... p'1Y CT ............ ..:.. (974. ?HIS iiJEI7i✓Iy1Oti PLAT CF nt'•1� TIE,C4y 3D1V1}ION `"/A'> rMCI'vBY Ttie DCPAM T NC S1/1F Vl ..iTY OF ASPEN, TH15 . . VtOctOR THIS ':MAL_ `JU8DIV151ON IMP OF THE At•IvMI ,JN ,L&, I71VI' );ON 15 ACQWTEV FOR FILLIM-Y IN THE OFFICE OF THE CLERY_ 4 REC.C7►4VE* OF PITKIN CCUfiT•Y, C LOKALXD 1179, IN PLAT AT PAf�C ...... �..:.... MID THE 6ueoi Vlll> . Afdt[ NT IZPLI p IN ECJC7S ....:. `'... AT>C ....�. . PITKIPIGQJ!•1TY. . _ _ CLERIC a RE LORGCK• 1, NANCY CHI"✓MIPM, AVM h1Nh 112/CJY»/k 1ERIGA TITLE W4%JRAME CC A LICGIOep `TITLE IH%,WArZ 7HM 7Y MRMOR 071TKIri couKT� 1�CrCr1( THE. PFV- VERTY 'IFIO'wN tt7q=m Ad IAIVE _x i `7llOClIY171Om- 1`/ OWHED FRGE MID CLEA12 Q ALL 1-1041, AND CNCUtA3R ANrr i, AHV IN rM >IMPLG by ALeEKT V ANDF%ON,-ML)5TeE, AND MVMN PAOL ANr-Ek-,ON, TRUiTm. 4VII& kii;g kr_ ASPEN MAf`4A4jt,,Z TIZ4MAMC.RiCA TITLE. IN*. CD YCAlE OF CCXC)W, ,PO _ COIJNiTY OF PIT1ciN THE MWJS000I1`*7 TITLE CERTIPIC.ATE WA-> AC141dWLCGC�ED bCtL`M ME TH17 ...._ .. pw Q..,,.,,, IRT9, LW MANGY GHI"�MIRE. 1WITNC" MY HArV AND CMIGIAL MY X*4-41771ON CXPIRE7 ' l &,E 4f PA cr e..- & ti( '131)IN,ItiIO\ A rR✓�C"T OF LANV 'lrU&ITVL ., IHF. N /,W .JF THE tit>� OF SEC. IH, T 10 i, R 6S W ' f THE to TH i M AND Bri" IARTt, OF Lar7 1,2, " 3 IN , K t CT THE WIVFX,ILIE 1?G'1 Tt' Iv, *tE F-)LLY Gf'7`_ ZIMML A; FJL;.�n/ N1i C,c_'IlnniriC� AT A POINT 0CI:K, i0Y714' W 93JEV ".N L.NE. 7 RI✓tR.);: E PLACC2 M•, 39105 A N FTC,-" DTtrrtR r i<IJEK',IGE vl..A.�FR ME!"-E. ON A 'URVt It) rHG Ri'-�HT ,V'TH A RAL4017 OF 71M'53' A D17Ti'VILC 17P AZ M TFiC E,\7TEF,-f' EW`p,, =i' M W00%pINv Fri ko/et2 =H'?RL' WL^JZ'i 7IN- Z4'10"W t% 1�,') IHV,* E riOfZTrlEiy71- E!K-Y A_ WC, ,TIE t✓\JTERLY nX-C. ::F THE. RLWirly FORK R,/ER 312' MORE CZ LE7', 10 Ldf- 4-5 Rt✓E.R- iIDE F:..A-Zk , =H'JRG CErlRS N 17'4YC 31O-ii' THEN IN 45'x'.w/ 179U' T=> AM"ETL 4 RIVERAgT_ FLt44,J<_, THEHC! NOO'14'E 53A Al-ftib LINE 4-3, R V It THC 7 _Y R.CO W. JF',OLO HWY SZ A7 TJ[7CRIBEP IN b 17L AT P 47t, THENCC '.�75POWE 1675VALDN(, %.SIDROW, TMEHC_E '.A'SSf 4 tiI A.-OIt-, ,AiC, R "„/ TO TfIE E -Y LE"T LIr1E !F _7T r r.I JEW/IDE ADDIT ic," THEnC,E > 14' "' W 269 43' AL01'" THE VLY UW_ LOTS 2 r 3, THENCE CHACOIM TO THE FZ"HT WMi A PAVE)} Cr 7g 4y3' ^ D15?AHGC OF '3Z �Ts9' TG THE P!).g :. 1. .. • .... •1�•,. Tel[• AMES P KE'.�EK, ,1 RfLl17TtRED;VRvLtOC KEUISTIZATICN N7 911+t). HcrelPX CERTIFY A7 PILLOW-, ION p t97q, A i,LRVEY WM I,4� UT'Y'✓m MT 121;eLTION Avv ,vmpvI,5Ict4 GF Tw_ WIC M11CRIOUP REAL 7FZOOERTY IN A CORVARtx, tZLVI`7ED STATUTES I�i13, TITLE 30, ARTI(-LE 71. ANC' THAT rHi7 M.A& YI L"-MLY A)V iJI3'JTANTIALLY VFPi:T°i 7AIP 'r-V<VCY. f �� •r RE7ER L 7 9184 ALPITYC tiURvEY7 7TATE OF COLOV,�f,_ , _DUIiTY OF PITK,IN Y' THE F4 Prt )INb-AJZVl"YC)r-<7 GMTIFI(_ACM AC.I,, - HOWLED(_-)r-V eEr-v-WZ ME 7F117 SOB. r^y Cr SAMAAM- 1-3711, By JA1IC5 P RE5,M. wl mn-, MY twv AA ( k-_ AL I'y, .OrWVM ',10N Eat PIKES Net- 14,1771 NO /U Pl 1— ALDERT W ANDERiON, TRL),TEE, AND EDWtn PAUL At1GfR5QY, TRU47CE A5 OWNERS CP THAT REAL PR0PCRTY A5 r7E5CR1E�#D HERP.ON, uoE-, HEKPaY t; J IVIDE 7AIG REA1 ^;<0pETZ'rr INTO LOTS 1 9 Z , TO DC KkJOWN A5 THE ANf]ER'SON 51JPailV171ON, AND POE" HERMY GRA"T TD THE CITY CF Al4l N AN L*4PAVF_V FISNEI$yyy'> EA6E. MCNT A5 •SHOWN AND NOTED tCREON. AL[£RT W AHVEItZH, 7RU5TCE _1 WIVIN PALL ATf7ER'SC K,, TRUSTE:E 5TATC OF )55 :.7JNT-Y 'X PrTK14 ) TIC OWNER-, CERTIFICATE ♦ STATE-MENT OF StJ�j7 YI91ON WM AC EAaED BEii ME THI , .. DAY Of R!!.C.rh .f!...-, 197' OY AA0ZT 1W PfVDERYJN,TF'11yr}� • EVW 4 R%_lL A4liDEFC7pN, TRl1YTPt. WITHIM� MY F1AND NiP CJFFv_IAL y _ft_i p MY CYJI'4M15517N EXPIRE>•Q�..�'#,�..C.Q3 I�LEfirNi VC)SI ryiyw_ EXHIBIT G -9 pp Rai C OPER WA rfR (R o A VLC ��Nf w bE f s�� Bea I- OZ O 'T 8,0'F >60 TT4. S >5 N _ LOT 1 1 - " 54,477 --tD . FT. ± i� .Q 1� u / � • 0 O / •0 .Q / Hl Yl 6 • I ,••• CFO ��Hr— m m LOT T u, 0 z 0� • � m o R° �q.2f s �3 j CH A �N TY V o� -Z I �3t R �G\ --c, FIRST AMENDED PLAT OF THE ANDERSON SUBDIVISION N 5CAL E : I" = 23' Pa�515 Cf= EtEAR ING ° U.5. C. F G. 5. I! �� VICINITY MAP I -coo' ' CITY-EN_GINEER'S APPROVAL THE CITY ENGINEER FOR THE CITE' OF A --)FEN, QDLORACTO, ME5 HEREDY APPROVI= TH15 FIK5T AHENDED PLAT OF THE 'l AND1=R50N 5Uf�)DIV1510N. IaATE CITY ENGINE? R __. PLANNING DIRECTOR'S APPROVAL THE f"LANNING DIRECTOR FOR THE CITY OF A5FEN, COLORAC.Q, QDES HEREBY APPROVE TH15 I=1R5T AHENDED PLAT OF THE ANDER50N 5U6DIVI510N. GATE NOTES PLANNING DIRECTOK I. PITKIN COUNTY TITLE, INC. CASE No. ['CT-999b WA5 USED IN THE PREPARATION OF TH15 SURVEY 2. UTILITY LINE INFORMATION PROVIDED D'(0THER5. 3. 51=E 1?700K 785 AT 04GE E-01 FOR LOT U N E ADJ USTHENT AND SEWER LINE A6REEHENT OWNER'S CERTIFICATE KNOW ALL HEN DY THESE Ml=5ENT5 THAT ALBERT W. ANDER50N, EDWIN PAUL ANDER50N, AND ROP5ERT L. ORR, A5 ALL THE OWNERS OF THE ANDER�N 5Ub0IV1510N A5 51,CH 15 DEFINED AND DEOCRI Y>ED IN PLAT 600K 5 AT PACE 62 OF THE RECORD5 OF THE PITKIN COUNT( CLERK ' REQDRDI=R, FITKIN COUNTY, COLORAR0, HERE5�/ PUBLISH TH15 FIR5T AHENDED PLAT OF THE ANDER50N 5UDD10510N. ALDERT W. ANDER---CN EDWIN PAUL ANDEF� N 90bffFT L. ORR 5TATE OF 5.5. COUNTY OF I THE FOREGOING IN5TRUHENT WA5 ACKNOWLEDGED 13EFON= HE ON TH15 EAY OF 5'( AL5ERT W. AN DER50N. WITNESS HY HAND AND OFFICIAL 5EAL. HY COHH 15510N EXPIRES—. NOTARY PUMIC , -- 57ATE OF COUNTY OF I THE FOREGOING INSTRUMENT WA5 ACKNOWLEDG D BEFORE HE ON TH15 DAY OF _._ , 1995 P>Y F-DWIN FAUL ANDER501N. WITNE55 HY HAND AND CFFICIAL 5EAL. HY OD H H 150ION EXPI RE5 . bTARY PU5LIC 5TATE OF COUNTY OF THE FOR>=GOING IN5TRUHENT WA5 AC- OWLED6ED EER E HE ON THIS DAY OF i9g5 PAY FZ)6ERT L. ORR. WITNESS HY HAND AND OFFICIAL SEAL. "IY COHH15510N flCPIRE5__- . TbTARY PUBLIC SURVEYOR'S CERTIFICATE ,, .AHES F RESER, HEREBY CERTI FY THAT ON 1995, A SURVEY WA5 PERfU,-` IED UNDER HY OUPERV1510N OF THE! PROFERTY SHOWN AND DESCRI F�lffD HEREON , THAT THE 5URVEY WA5 PERFORMED IN ACCORDANCE WITH COLORADO REVISED 5TATUTE5 1-173, TITLE 35, ARTICLE 51, A5 AHEND>=D FROH TIME TO TIHI , AND THAT THE DESCIZIFTION CLO5E5 TO WITHIN 1' 10,000. ALL FA5EHENf5 OF REa)RD PURSUANT TO PITKI N COUNTY TITLE, INC. GA5E No. PCT- 9998 AND IN EVIDENCE OR KNOWN TO HE ARE SHOWN. ALPINE SURVEY5, INC MATE: l3Y , AHEO F K!EOER, L .5. 911 CLERK & RECORDER'S ACCEPTANCE TH15 FIRST AMENDED PLAT OF THE ANDERSON 5U5DIVI5ION 15 /'CCEFTED FOR FILING IN THE OFFICE OF THE CLERK s RECORDEK OF PITK I N COUNTY, COLOKADO CN TH 15 D°�( OF , 1995 IN PLAT DOOK AT PAGE , A5 f:ECEFTIGN 1J6. — CLERK f K'EQ�RDER VOT ICE According IO Colorado law you must commence any legal action based ipon any defect in this survev within threw vearc after. I—, ni.......e. �..........r..... In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. �.Iru •v vMil V%'yJ' Post Office Box 1730 Aspen, Colorado 81611 303 925 2688 7U1 V6yC0 KeVl$lOn8 Drafted 5 115 ER Title .5U6DIVI510N AHENPHENT Job No 115 - 43 Client ORR