HomeMy WebLinkAboutcoa.lu.ec.Chambers Lot Split 2737-182-00-063
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 1/17/92
DATE COMPLETE: II.."
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PARCEL ID AND CASE NO.
d731 -J32r lXJ - tJb~ A 5-92
STAFF MEMBER: KJ
PROJECT NAME: Chalmers Lot Split FI<Pt too I U..fe Aue..
Project Address: 1001 ute Avenue
Legal Address: T10-R84W-Section 18
APPLICANT: David Chalmers. c/- Bavoil (203) 359-6400
Applicant Address: One Canterburv Green. Stamford CT 06901
REPRESENTATIVE: David Finholm. David Finholm & Associates
Representative Address/phone: P.O. Box 2839
Aspen. CO 81611 925-5713
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PAID: (YES) NO AMOUNT: $1002
NO. OF COPIES RECEIVED 3/3
TYPE OF APPLICATION:
1 STEP:
x
2 STEP:
P&Z Meeting Date
PUBLIC HEARING: YES
NO
JJ12A-
~YESTED RIGHTS: YES N~nA~
2-/1-'-1 3;;\UBL~~~;;ING:~~UNo~1
c!) I I; VESTED RIGHTS: YES NO
CC Meeting Date
Planning Director Approval: 0 I~
Insubstantial Amendment ~~Exem~~: D01U
Paid:
Date:
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REFERRALS:
City Attorney Mtn Bell
)( City Engineer V Parks Dept.
,
Housing Dir. Holy Cross
Aspen Water Fire Marshall
city Electric Building Inspector
Envir.Hlth. Roaring Fork
Aspen Con. S.D. Energy Center
DATE REFERRED: (J a to I q 0( INITIALS:!Ji'r--
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___ City Atty )( City Engineer ___Zoning ___Env. Health
___ Housing +- Other: ~["V $
FILE STATUS AND LOCATION: ~~ ~~
School District
Rocky Mtn NatGas
State HwyDept(GW)
State HwyDept(GJ)
Other
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ORDINANCE NO. 14
(SERIES OF 19921
AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING
SUBDIVISION EXEMPTION FOR A LOT SPLIT AND WAIVER OF THE WATERLINE
EXTENSION MORATORIUM FOR THE 1001 MINING CLAIM ON UTE AVENUE, A
METES AND BOUNDS PARCEL SITUATED IN SECTION 18, TOWNSHIP 10 SOUTH,
RANGE 84 WEST OF THE 6TH,P.M.
WHEREAS, according to
the definition of "Subdivision"
contained in section 24-3-101 of the Aspen Municipal Use Code, a
long term lease constitutes a de facto subdivision; and
WHEREAS, the 1001 Ute' Mining Claim parcel contains three
tennis courts which are held in a long term lease by The Gant
Condominiums until the year 2083; and
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WHEREAS, based on this definition of "Subdivision", David
Chalmers submitted an application to the Planning Office for a
Sukdivision Exemption for a Lot Split for the creation of one lot
for the development of a single family residence and one lot
containing three tennis courts leased to The Gant Condominiums; and
C WHEREAS, the site plan for the proposed residence is nearly
identical to the plan which received 8040 Greenline and Conditional
Use approval by the Aspen Planning and Zoning commission on
November 7, 1989 and ratified by Resolution 89-15, and because
there have been no changes to the review criteria affecting these
approvals, the Applicant and the city shall be bound to the
conditions of approval found within Resolution 89-15; and
WHEREAS, in accordance with the 1989 Planning commission
approval, no other development shall occur on the tennis court lot
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until the year 2083; and
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WHEREAS, pursuant to Section 24-7-1004 A.2 of the Aspen
Municipal Use Code, the City Council may grant approvals for
Subdivision Exemption for Lot Splits; and
WHEREAS, the Planning Office received referral comments from
Engineering Department, Parks Department and the Water Department
and considered these comments and review criteria for Lot Splits
recommended approval for Subdivision Exemption for the proposed Lot
Split; and
WHEREAS, the Applicant also submitted to the City a request
for waiver of the waterline extension moratorium as imposed by
Resolutions 12 and 45 (Series 1991) for the development of one
single family residence, and upon review, the Water Department has
no reservations about waiving the moratorium for this project; and
WHEREAS, the Aspen City Council, having considered the
Planning Office's recommendation for Subdivision Exemption
approval, does wish to grant a Subdivision Exemption for the
Chalmers Lot Split on the 1001 Ute Mining Claim, and also wishes
to grant a waiver of the waterline extension moratorium based on
the recommendation of the Water Department.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
section 1:
The city Council of the City of Aspen pursuant to
Section 24-7-1003 A.2 of the Municipal Code of the City of Aspen,
grants Subdivision Exemption for the Chalmers a Lot Split.
section 2: The following conditions shall apply to the approval:
1. Prior to recordation, the plat must comply with Sec. 24-7-
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1004.D.2.a requirements.
Any easements, including but not
limited to the nordic trail, access, water lines (including
future, line to Aspen Chance and line from new hydrant down to
ute Ave.), and other utilities, must be legally described and
executed prior to issuing any building permits. All easements
shall be per city of Aspen specs.
2. Prior to issuance of any building permit, final calculations
for drainage/drywells must be stamped by a engineer registered
in Colorado. The engineer shall ,verify that the drywells can
be cleaned for proper performance.
3. The applicant must incorporate the ute Avenue Improvements
into their site plan.
4. An avalanche expert shall evaluate the potential for snow
avalanches for the proposed development. A letter from the
avalanche expert shall be forwarded to the Engineering
Department prior to issuance of any building permit.
5. The applicant must work closely with the Parks staff regarding
required tree permits for the entire site and the grading work
in Ajax Park. Any required permits shall be obtained prior
to issuance of any building permits. A note on the plat must~
state this requirement.
6. A Subdivision Exemption Agreement describing the terms of this
exemption must be filed with the Pitkin County Clerk and
Recorder concurrently with the Lot Split plat, within 180 days
following approval by city Council.
This document must
include a signature block for the Mayor.
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7. All material representations made by the applicant in the
application and during public meetings with the City council
shall be adhered to and considered conditions of approval,
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unless otherwise amended by other conditions.
Section 3: An exemption from the moratorium on expansions to the
city's municipal water system as imposed by Resolutions 12 and 45
(Series 1991) be and is hereby granted so as to allow the extension
of the municipal water delivery system to one single family
residence at the 1001 ute Min~hg Claim.
Section 4:
If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 5: This Ordinance shall not effect any existing litigation
and shall not operate as an abatement of any action or proceeding
now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances.
Section 6: A public hearing on the Ordinance shall be held on the
~ day Of~, 1992 at 5:00 P.M. in the city council
Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior
to which a hearing of public notice of the same shall be published
in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the cJ"I~ day of
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, 1992.
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John Bennett, Mayor
Clerk
l.7i FINALL)', adopted, passed and approved this d;)o. day of
("LJ-'V.-~, 1992. n J
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John gennett, Mayor
ATTEST:
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From the desk of
NICK MCGRATH
Date/Time:
February 24,1992 3:46pm
To:
Jed Caswall
Subject:
Chalmers application on tonight
Jed, I just learned about this lot split application that apparently includes the land
on which the Gant has a long term lease for three tennis courts. It owns the courts, and
leases the land, All prior owners have at the City's request asked for and obtained from
us a consent to the filing of a land use application (see enclosed), which is consistent
with my understanding of the Code--all owners of any (significant) interest in the land
must join in or consent to an application, That process gives us an opportunity to talk
with the owner about our rights with regard to the courts, For some reason this time
the PO accepted and is processing an application without the consent of The Gant. I
don't want to raise a big fuss. and tee off Chamlers and his representatives, but they are
ignoring us, or so it seems,
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MESSAGE DISPLAY
TO
Kim Johnson
CC
Diane Moore
From: Jed Caswall
Postmark: Feb 25,92 9:20 AM
Subject: Reply to a reply: Chalmer lot split
Reply text:
From Jed Caswall:
24-6-602(B) (3) goes to info required to be supplied in application--I
don't read that to say that all owners must join in application--
otherwise, 6-203 is rendered meaningless. The only thing I can think
of is application for lot line adjustment which requires all owners
of property affected by proposed adjustment. I also agree with you
that lessee is not an owner. Owner must disclose lease agreement,
however, by reason of 6-602(B) (3).
Preceding message:
From Kim Johnson:
I think your advice is correct. I was looking over that page in the
code last night. Per Sec.6-202.3 The Gant's interest has long been
recognized. I'm wondering if 6-203 even applies exactly, as it is
specific to "owners of real property". A lease interest can't be
construed as "ownership"., can it? Anyway, I'll be curious to see if
Nick finds anything else. If past Planning Office process erred in
the conservative, we don't have to continue this error I assume.
From Jed Caswall:
I talked to Nick this morning and advised him that I had advised
Council that I knew of no provision that required consent or
involvement of lessee in land use application. I referred him to
24-6-203 as controlling on that issue. Nick said he thought there was
another provision stating all ownership interests must participate in
application. I asked him to let me know if he finds something else in
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APR 22 '92 13:28 MCGRATH ~SPEN,CO.
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J. Nicholas McGrath, P.C.
600 East Hopkins A venue
Suite 203
Aspen, Colorado 81611
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Telephone (303) 925-2612
Telecopier (303) 925-4402
April 22, 1992 2:03pm
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TELECOPIER COVER SHEET
Company:
City of Aspen
AiR
2 2 1992
C/J'y
t 41tOR
---- OFFICE IVf'(,S
Please deliver the (ollowinsr vagers) to:
Name:
J cd Caswall
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City IState:
Aspen
FAX number:
Cf).,o -5 let?
From:
J. Nicholas McGrath
Client/matter:
Ganl/lOOI
Total number of pages E (including this cover sheet).
Operator:
jrun
Message: PLEASE DEUVER TO JED IMMEDIATELY, ASAP!!!!!!! Jed, I am sorry but I
have to file this by 5 pm today to meet the 30 day Rule 106 time frame. No one for
Chalmers, including Francis the aHomey and Finholm the architect (who says he has
been directed not to) will talk with the Gant or me, and the Gant has rights in the
circumstances. Give me a call if you have any quick thoughts, Thanks. =Nick=
If you receive this facsimile by error, call liS immediately please. Thank you.
The information contained in this facsimile message is attorney privileged and confidential
information intended Only for the use of the individual or entity above named. If the reader of this
message is not the intended recipient, or the employee or agent responsible to deliver it to the
intended recipient. you arc hereby notified that any dissemination. distribution or copying of this
communication i{l strictly prohibited. If you have received this communication in etror. please
immediately notify U$ by telephOne. and return the original document to us at the above address via
the U,S. Postal Service. COD. Thank you.
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APR 22 '92 13:29 MCGRATH ASPEN,CO.
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DISTRICT COURT, PITKIN COUNTY, COLORADO
WOO&~U
Case No. 92CV_
GANT CONDOMINIUM ASSOCIATION, INC.,
Plaintiff,
v,
DAVID CHALMERS; CITY OF ASPEN; and the CITY COUNCIL OF THE CITY OF
ASPEN
Defendants.
Plaintiff, the CANT CONDOMINIUM ASSOCIATION, INC., by its auorneys 1.
NICHOLAS McGRATH, r.c., for claims for relief avers and alleges lIS follows:
FIi~ST CLAIM FOR RELIEF
1. Defend'\J\t Chalmers is lhe ownCl' of relll property in the City of Aspen, Pitkin
COllllty, Colorado, known generally as the tOO! Lode Claim, Plainliff is the owner of three
tennis COllrlS on the same property, leased from defendant Doe's predecessor in title under II
99 year lease.
2. Defendanl Doe desired to develop the 100.1 l.ode Claim, Upon information and
belief, he sought approval for a single family dwe,lIillg. lie filed llll application un(kr the
City of Aspen Land Use Code for a lot split in furtherance of that development application.
3, The lot split application WItS granted by the defendant City Cmlllci! by wrillen
resolution on March 23, 1992,
iI. The G:101 has an ownership interest in the 1001 Lode Clllim, was not given and
did not receive official Icgal notice of the appllcarion, and did not join in the application.
5. The Land Use Codc of the City of Aspen requires that in some cases "adjacent
lanelownllrs," and in other cases, "landowners within 300 feet," rcceive notice of applications
and their hearing elates for applications StIch as lot splits, The Code properly interpreted, and
constitutional due process, requires that notice be given 10 a person or entity having II real
properly interest, snch liS a 99 year leuse, in the velY property lhat is the subject of the
appliclIlion,
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6, Seclion 6-203 of the Land Use Code of the City of Aspen, as interpreted,
permits II person ell' entity owning less ihan 100 per cent of the real property interests in
property to file a land use application without requiring the consent of, or notice to, those
holding the balance of the real properlY interests. As so interpreted the City Land Use Code
violates state ant! federal constitutional concepts of'due process of law.
7. The ordinance granting Ihe Chalmers lot split is void for lack of notice 10
plaintiff, and to other adjacent landowners.
8. The ordinance granting the Chalmers lot split is arbitra,'y and capricious, lacks
evidence to support it, and on review should be held illegal and invalid.
SECOND CLA1M FOR ImLffiF
9. Plaintiff incorpormes herein by reference the allegations of paragl'llphs one
through ,aild including four of its First Claim for Relief.
10. Defendllnt Ch,llmcrs and his IDOL Lode property are legally hound by an
llgreemcnt llnd an amendment lo tm agreeme,ir between plaintiff The Gant and defendant
Chalmcrs's predecessor in title concerning The GlIIll'S tennis courts on the 1001 property.
Tho~e agreements are recorded in Book 447 nl Page 90, and nook 378 at Page 419 of the
records of Pitkin COLlnly,
11. Undel' the amendment, pal'. 6, Book 447 at Page 93, defendant Chalmers has
"the right to demolish and remove one or more of the existing tennis courts." Upon
information lInd belief, he intends 10 do so, to gain access 10 the 1001 Lode in order to build
a house.
12. The Gant Condominiulll Association on behalf of its owners manages a resort
renlal bu~i1\ess, 'l1,e summer use of the tennis courts is of pdme importance to that business
from the beginning of the summer season approximately June 1 to the end of the SUlTlmer
season, approxirmltely September 7. Any dislurbance of lhe use of the cOllrts dlll'ing that
period will restlll in financial loss to The G,lIlt and to its individual owners.
13, The amendment also Pl'ovides 1I1so "provided however, tha! pdor 10 any
demolition Landlord 1'lOW Clllllmers] shall be obligated to relocate and recQnstn\ct such tennis
courts elsewhere on the 1001 Lode," The purpose of that provision was to insure Ihlll The
Gllnl'S use of its courts was not inter1'llpted by the development plans of any owner of the
100 I Lode. Upon infol.malion lllld belief, defendant Chalmers inll:nds to commence
construction in violation of Ihese recorded llgreemenls and of his obligations lhereunder,
14. The Ganl has llllempted to communicate with defendant Chalmcl's through his
representatives, but they have not responded, The Gnnt has been unable to determine
defendant's constmclion schedule, whether it will interfere with The Gant's use of its courts
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and irs Summcr operation, and the convenience of its gucsls, Wilh any negotiation al all,
defeml:ml Chahners could develop according to his plans and respect the rights of the Galli
and its guests al the same time.
IS. The Ganl will be irreparably injured if defeudant Chalmers interferes with the
use or The Gant's courts during; Summer high season,
WHEREFORE, plaintiff prays for Oil injunctive relief (prelimilll\ry and permlmenl), and
(hllnages against defendanl Chalmers, and for a dec]aralion againsl the Cily defendants thai
the 101 Sl~li[ approvlII and code provisions are void and \Inlawful.
Dated: April 22, 1992,
j, ]YThf It\G~W~P'C'
l.ly 1. Nicholas McGrath
No. 2759
600 E. Hopkins Ave., Suire 203
Aspen, CO 81611
(303) 925-2612
Attorneys for The Gant Condominium Association
PI"inliff's address:
The Glint Condominium Association
1',0, Box K-3
Aspen, CO 81611
\WP\LrI\(;ANT,WlP
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Davis Horn~c;.
PLANNING' APPRAISING. REAL ESTATE CONSUmNG
November 10, 1990
J. Nicholas McGrath
600 East Hopkins Avenue
Aspen, Colorado 81611
Re: 1001 ute Avenue
Dear Nick:
As I mentioned to you on the phone, I represent Neal Myers of FMG
Incorporated. FMG Incorporated has purchased an option to acquire
a piece of land located south of the Gant Condominiums known as
1001 ute Avenue. As you know, the Gant has a long-term lease for
three tennis courts on the 1001 site.
FMG Inc. is in the process of obtaining city land use approvals for
a Subdivision Exemption/Lot Split on the 1001 ute Avenue site.
Pursuant to a 1983 agreement recorded at Book 447 Page 90, FMG Inc.
has the right to demolish existing tennis courts within the tennis
facility provided that the demolished tennis courts are relocated
and reconstructed by FMG Incorporated.
Due to the Gant's interest in the 1001 Lode Mining Claim, the city
of Aspen has requested the Gant Condominium Association to indicate
it's consent to a land use application being submitted for the
land. FMG Inc. requests a representative of the Gant Condominium
Association to write a letter to Amy Margerum, Planning Director,
Aspen-Pitkin Planning Office, indicating that the Gant Condominiums
does not object to a land use application being submitted for 1001
ute Avenue.
On Friday, November 9, 1990 David Finholm dropped a set of site
plans at your office. The plans show that FMG Inc. will be seeking
approvals for two lots. A single family dwelling unit and
accessory dwelling unit is proposed for each lot. Each house will
not exceed approximately 5,000 square feet of floor area. We
propose to demolish the east tennis court and relocate it to the
west of the existing courts. Access to the courts from the Gant
will be via a sidewalk on ute Avenue.
AIlCE DAVIS, RM I GlfNN HORN, AlCP
300 EAST HYMAN . SUITE B . ASPEN. COlORADO 81611 . 3031925.6587
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Please review the site plan and let me know if you have any
questions. I will be happy to review the plans with you.
Thank you for your assistance.
sincerely,
INCORPORATED
GLENN HORN AICP
cc: Neal Myers
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J, NICHOLAS MCGRATH, p,c.
A Professional Corporation
Allorneys At Low
600 East Hopkins Avenue
Suile203
Aspen. Colorado 61611
Telephone (3031 925.2612
Telecopier (303j 925-4402
J Nicholas McGroth.
Michael C. Ireland
December 4, 1990
Mr. Glenn Horn
Davis Horn, Inc.
300 East Hyman, Suite B
Aspen, CO 81611
Re: Gant - tennis courts
Dear Glenn:
I enclose a copy of the agreement The Gant negotiated with the last owner of
the 1001 property when it gave a consent to application letter. Some items may not be
applicable to this situation, e.g" The Gant is not asking for reimbursement of any
attorney's fees. But many of the concerns expressed in that agreement are applicable
today. In addition, The Gant is interested in the following: support of the 1001 for the
proposed Ute Avenue Improvements District; protection of the Ute Park ski trail;
parking for Gant guests along Ute and off-street parking for Gant users at the tennis
courts; and a telephone line to the courts,
Approval of these requests for The Gant will also benefit Mr. Myers' project
since it benefits users of the courts, e,g., having a water faucet on site means it is easier
to keep the courts clean; a kiosk means players can sign up for games, etc., right at the
courts, and a telephone is very' helpful for reserving courts and other necessary
communication.
Would you please discuss these requests with your client. We do not desire to
delay in any way the progress of the 1001 Ute application, but we do not know your
time deadlines.
The Cant believes Mr. Myers's development will 'enhance the area--much more
so than prior development proposals, It welcomes the development to the area, and
looks fOlWard to working with you and Mr, Myers.
Sincerely yours,
]. NICHOLAS McGRATH, p,c.
(
By
], Nicholas McGrath
"Member, Colo. {I971J. Colil (t969). and D.C (19M) oars
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J, NICHOLAS McGnATH, p,c,
AIIQlHlfV AllAW
600 f A!I "0".'"'' AY(NUI
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ASPEN. COlORADO 01(>11
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.January 22, 1987
Ronald D. Austin, Esq.
Austin & Jordan
600 East Hopkins, Suite 205
Aspen, CO 81611
Re: Gant--l00l
Dear Ron:
This will evidence the tentative agreement of the Gant
Condominium Association to join or consent to the application
of your client, Aspen Development and Construction with
regard to the 1001 so that your client gains the benefit of
the area of the three tennis courts for its project. That
agreement is subject to the following conditions:
1. Your client will agree to indemnify, hold
harmless and defend the Gant Condominium Association
from any and all claims or exposure with regard to your
development. That is, the intent of this agreement is
for the Gant to consent so you gain the density provided
by the additional tennis court area, but in no way is
the Gant a co-developer or developer in any sense.
2. Your client will make sure that the density of
your project on the 1001 is such that it leaves the Gant
free at some time in the future to build a small tennis
facility or club house not exceeding 1,000 square feet,
adjacent to Ute Avenue in front of the tennis courts.
3. Your client will reimburJe the Gant for its
attorneys fees in connection with Ollr negotiations and
the Gant's consent.
4. In consideration of the consent letter, in a
form to be agreed upon by us but as may be necessary to
satisfy the Planning Office and City Attorney on your
behalf, your client will forgive one year's rental on
the tennis courts.
5. If your client obtains a growth management
plan allocation and either it or its successors and
assigns build the project, under that approval, then your
client will agree as follows:
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J, NICHOLAS McGnA'I!, P,C.
AIIOltN(YAIlAW
Ronald D. Austin, Esq.
January 22, 1987
Page 2
a. To landscape the area around the tennis
courts as is generally shown on the Doremus and
Wells plan that you gave us.
b. We understand that you plan to move the
southeasterly tennis court towards the
northwesterly so as to create room on the 1001 for
your access road. Your client will bear all
expenses of resurfacing, fencing, etc., concerning
that move. Further, your client will attempt to do
that at such a time and in such a fashion as to
minimi3e interruption in the usage of the tennis
courts by the Gant. That is, your client
understands that the Gant's owners and guests use
those courts in the summer time and thus if you
plan to construct in the summer you need to make
some plans to minimize interruption. For example,
the Gant would want to use two tennis courts not
being disturbed while the third is being moved.
The Gant would want your client to have its
construction crew work on the courts during the
Gant's off-season period more than in the high
season and perhaps work after hours if necessary to
minimize the interruption.
c. Your client will install a residential--
sized hose connection off of the landscaping line
to the front of the landscape tennis court area
adjacent to Ute Avenue so tha~ the Gant can use
that for washing the courts.
d. Your client will install a small water
fountain for the use of tennis court patrons.
e. At such time as your client obtains a
building permit for the project or any portion of
it, it will forgive an additional one and one-half
years rental on the tennis courts.
f. There appears to be a good deal of
grading and retaining wall work up the mountain
from the courts. Your client will do that in such
a way as to minimize the interruption of the use of
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.I;, NICHOLAS McGnAlH, p,c,
A"onNf.V"llAW
Ronald D. Austin, Esq.
January 22, 1987
Page J
the courts and finish that in a workmanlike manner
so as not to damage the courts.
g. In the event of any damage to the court
caused by the construction or any other activity of
your clients, your clients agree to resurface and
repair the damage to the reasonable satisfaction of
the Gant.
6. I do not think there is a necessity for a
subdivision exemption for the lease from your client's
predecessor to the Gant on the tennis courts, but we
both need to be aware that that probably was a
subdivision and we would not want the City to use that
against either of us.
7. We will continue to cooperate with you, and a
more detailed agreement for our clients to sign will be
drafted at an appropriate eime.
Than.k you.
Sincerely,
I tlJ\ Jv-lv.JJ (G.;tb
J. Nicholas McGrath, P.C.
Agreed"to:
ayjw.rd~
Ronald D. \Austin for ~
Aspen Development and
Construction
10:ga2ral19.ltr
APR - , 1992
DEDICATI~N OF TRAIL EASEMENT
This Dedication, made this ____ day of April, 1992, by BAYOIL
(USA), INC., a Delaware corporation, as owner of Lot 1, 1001 Ute
Avenue Subdivision, City of Aspen, Pitkin County, Colorado
("Grantor").
WITNESSETH that Grantor, has dedicated, conveyed, granted,
remised, released, and sold, and by these presents does dedicate,
convey, grant, remise, and release unto the general public the
right, title, interest, and demand which the Grantor has in and to
the real property, si tuate, lying and being in the County of
Pitkin, State of Colorado, described as follows:
A non-exclusive easement for trail purposes, the same
being a strip of land 12 feet wide crossing the 1001 ute
Avenue Subdivision, Pitkin county, Colorado being 6 feet
on each side of the following described centerline:
Beginning at a point on the northwesterly boundary of
1001 Ute Avenue Subdivision whence the north corner of
the subdivision bears N 47007' E 556.26 feet; said point
of beginning being on the Centerline of the 12 foot
public trail easement dedicated on the Aspen Chance
Subdivision;
thence S 71.06'09" E 178.21 feet;
thence S 63032'11" E 152.49 feet to a point of
termination on the southeasterly boundary of the 1001 Ute
Avenue Subdivision.
To have and to hold the same, together with all and singular the
appurtenances and privileges thereunto belonging or in anywise unto
appertaining, and all of the estate, right, title, interest and
claim whatsoever, of the Grantor either in law or equity to the
only proper use, benefit and behalf of the general public.
IN WITNESS WHEREOF, the Grantor has executed this Dedication of
Trail Easement on the date set forth above.
BAYOIL (USA), Inc.
By:
STATE OF
)
)ss
)
COUNTY OF
The foregoing instrument
day of April, 1992 by
BAYOIL (USA), Inc.
was acknowledged before me this
as ~
WITNESS my hand and official seal.
My commission expires:
Notary Public
.,..,..,
THRU:
Diane Moore, Planning Director
fry
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ciJYvJ~
MEMORANDUM
TO:
Mayor and city Council
THRU:
Amy Margerum, City Manager
FROM:
Kim Johnson, Planner
DATE:
March 23, 1992
RE:
Chalmers Subdivision Exemption for a Lot Split and
Request to Waive watermain Extension Moratorium - Second
Reading of Ordinance 14, Series 1992
---------------------------------------------------------------
---------------------------------------------------------------
SUMMARY: The Planning Office recommends approval of the Chalmers
Lot Split and Second Reading of Ordinance 14, Series 1992. The
Water Department recommends approval of a waiver of the watermain
extension moratorium.
At first reading on February 24, 1992, the Council directed staff
to work with the applicant to address the ordinance conditions in
order to remove some of them from the ordinance prior to second
reading. The applicant has provided additional information and
staff has edited and reduced the ordinance conditions to the extent
possible.
At first reading there was also concern expressed by a
representative of The Gant Condominiums that this application
needed The Gant' s consent to process the lot split. The City
Attorney has since determined that The Gant's permission is not
required by the Land Use Code as The Gant is not a joint owner of
the Chalmers property.
COUNCIL GOALS: This proposal reflects Council goal #14 which
emphasizes fair and consistent treatment in governmental processes.
BACKGROUND: In 1989 this parcel received 8040 Greenline approval
from the Planning Commission for development of one single family
residence and accessory dwelling unit. This approval as
memorialized in Resolution 89-15 stated that "It is the intent of
the Planning and Zoning Commission that if ever the tennis courts
are construed to be another building site, no development shall
occur on that site until the year 2083." No development has
resulted from this approval. Please see Resolution 89-15, Exhibit
"AII.
In the summer of 1991, the city Council heard a request for a lot
1
,
(. A Council
ApprOved
By Ordinance
. If J1 II
Exhibit-Z:Z:...-
, 19_
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THE APPROVAL OF 1001 UTE AVENUE
8040 GREENLlNE, CONDITIONAL USE, &
GMQS EXEMPTION
.-/
Resolution No. 89-~
Whereas, the Aspen Planning and Zoning Commission held a
public meeting November 7, 1989; and
Whereas, the 1001 Ute Avenue 8040 Greenline and Conditional
Use review and GMQS Exemption was included on the agenda; and
Whereas, the planning staff recommended approval of the 1001
application with conditions; and
Whereas, the applicant did not consent to Condition *15; and
Whereas, the Commission approved the application (4 to 3)
supporting staff's review and conditions; and
Whereas,
the Commission directed staff to work with the
City Attorney and applicants to develop more agreeable language
for Condition #15; and
Whereas, Condition #15 has been amended from: no development
application shall be accepted until 2083
to: it is the
intention of the Planning and Zoning Commission that no
development shall occur on the tennis court site until 2083; and
Whereas, the Commission also established that the height of
the residence shall be measured from finished grade, the
elevation of 8020, not natural grade; and
--
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning
commission:
That it does hereby approve of the 8040 Greenline and
Conditional Use review and the GMQS Exemption for development of
a single' family home with an accessory dwelling unit 'with the
following conditions:
1. Before the issuance of an excavation permit the
applicant shall submit to the Engineering Department confirmation
from Chen that their Supplemental Geotechnical study is
applicable to this new proposal.
2. Prior to the issuance of an excavation permit, the
applicant shall submit, to the Engineering Department, a detailed
stormwater drainage plan.
3. The applicant shall agree to join a Special Improvement
District, if one is ever formed.
4. At such time that he alignment is determined, the
applicant shall grant an easement for the Spar Gulch Drainage
Project.
5. The applicant shall service project with public sewer as
provided by the Aspen Consolidated Sanitation District and
water provided by the Aspen Water Department distribution system
as represented in the application.
6. Prior to issuance of an excavation permit the applicant
shall contact the Environmental Health office for a final
determination regarding the criteria for the development a
fugitive dust control plan addressing windblown dust since the
site is larger than 5 acres.
0,7.
dev~ces
The proposed residence shall not contain wood burning
as is represented in their application. ~ fi..'~~;-iaces\
/ ~---- -,,----'
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and/or certified gas appliances, however, may be installed.
8. The appl icant shall contact the Environmental Health
office regarding the potential mine waste, waste rock or mine
dumps which may be encountered during the excavation phase of the
project. The applicant shall adhere, to the satisfaction of the
Environmental Health Department, to recommendations by the Chen-
Northern Geologist regarding contaminated soils and mine waste
on-site and providing an imported noncontaminated soil to cap the
materials.
9. The applicant shall 'follow the specific recommendations
of the C~en-Northern report regarding soil stability and
retention of slope cuts and the final grading plan shall be
reviewed by the Engineering Department for consistency with
Chen's recommendations.
10. Before the issuance of an excavation permit tree permits
shall be required for any tree 6" in caliper. Relocation of
these tress should be a priority.
11. Prior to the issuance of a Certificate of Occupancy, the
applicant shall install a hydrant at the terminus of the (8) inch
water main extension.
12. Prior to the issuance of a Certificate of Occupancy, the
applicant shall provide an easement across the project site to
permit the future extension of the proposed eight (8) inch main.
The applicant shall also to participate in the cost of that
extension.
13. Prior to the issuance of a building permit, the
3
,._",
.......
applicant shall dedicate a twelve foot wide public trail
easement, to the City, for the new trail.
14. Prior to the issuance of a building permit a deed
restriction shall be filed with the Housing Authority for the
accessory dwelling unit which shall comply with the provisions of
the Housing Guidelines.
15. It is the intention of the Planning and Zoning
commission that if ever the tennis courts are construed to be
another building site, no development shall occur on that site
until the year 2083.
16. The easements for the Spar Gulch drainage and the public
trail shall be filed with the City Attorney's office and recorded
by the clerk.
17. Prior to the issuance of a building permit, a
landscaping plan shall be reviewed and approved by the Parks and
Planning Departments.
18. The height of the building shall be measured from
finished grade which shall be the elevation of 8020.
APPROVED by the Commission at their regular meeting November
21, 1989.
ATTEST
--11'1' I!, ryf) J~L'-i--.
Ja~ Carney, De~~y city Clerk
ROVED :\!~OM:
/0.--' "
Gannett, Ci ~ Attorney
ASPEN PLANNING AND ZONING
COMMISSION ,-----,
/' ,I', 1/" :
/ . (/J j)Jt' r)v!---/
C.~elton Anderson, Chairman
~
APPROVED AS TO CONTENT:
/, I '^"
fl1h' c./ /1.''./,( / /
Amy Margerum, Pldnning Director
J J
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4
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By Ordinance
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UTE AVENUE
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MEMORANDUM
CJ.ty COuncil
Approved
By Ordinance
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,1lI _
To: Kim Johnson, Planning Office
From: Rob Thomson, Project Engineer I R':.T
Date: February 11, 1992
Re: Chalmers Lot Split
Having reviewed the above application, and having made a site
visit, the engineering department has the following comments:
1. The applicant's final plat map must comply with the
requirements outlined in code section 7-1004.D.2.a; and more
specifically it must show, with legal description, all easements,
the nordic trail, lot line and access for the parcel occupied by
the tennis courts. It is recommended that the applicant work
with the engineering department on plat approval prior to
submission for recording.
2. The applicant has stated they will comply with the conditions
outlined in Resolution No. 89-15. Specifically for the
engineering department's satisfaction are items 1, 2, 3, 4, 9,
12, 13, and 16. In addition:
item number two must demonstrate that the drywells are
sufficient to accommodate drainage on site by providing
calculations from an engineer registered in the State of Colorado.
We also need the engineer to comment on the functional aspects of
the facility in order to determine that it can be cleaned for
continual proper performance.
3. The engineering department requests that the applicant file a
written application (a letter) with the engineering department for
a variance of the requirements in 19-101 requiring an eighteen foot
driveway.
4. The applicant must incorporate ute Avenue Improvements with
their site plan. Drawings are available third floor city hall,
engineering department.
5. An avalanche expert must be consulted to evaluate the potential
for snow avalanches and impact on the proposed development.
...--....
'""
6. As a general comment, when we get an application like this
which has single property ownership which is both inside and
outside the city limits, should we be requiring or requesting
annexation of the portion not within the city limits?
rtjcaseload92.004
MEMORANDUM
IrPr
TO:
MAYOR AND CITY COUNCIL
THROUGH:
THROUGH:
ROBERT GISH, DIRECTOR OF PUBLIC WORKS
LARRY BALLENGER, DIRECTOR O~
FEBRUARY 18, 1992
FROM:
DATE:
SUBJECT:
CHALMERS WT SPLIT, 1001 UTE AVENUE, ASPEN
David Finholm and Associates, Inc., has forwarded a request for a waiver of the Moratorium
on Water Main Extensions. Finholm and Associates is making this request for the Chalmers
residence, which is proposed for construction at 1001 Ute Avenue.
Chalmers proposes to extend an 8" water main approximately 200 feet from the water main in
Ute Avenue to terminate at a fire hydrant to be located adjacent to the Chalmers building
envelope. The proposed water main extension is to serve the Chalmer's residence with potable
and fire protection water.
Pursuant to the waiver of the Moratorium, the Water Department is requesting an easement to
be dedicated for the future installation of a connector line to the Aspen Alps' 8" Water System.
This interconnect will effectively provide a loop system for this mainline, as well as a secondary
feed to the Alps' System,
The Water Department has no reservations about waiving the Moratorium as it relates to this
installation.
LB:ll
chalmers.cc
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City
February 11, 1992
Attn: Larry Ballinger
Water Superintendent
130 South Galena
Aspen CO 81611
RE: Water Service To Chalmers Residence
1001 ute Avenue Aspen CO
Dear Larry,
This letter is to request a waiver to the water main
extension moratorium to provide service to this
property. We understand this must be granted by Aspen
City Council.
The property is currently planned to have an eight inch
(8") diameter line to a fire hydrant at the top of the
drive with residential service from the hydrant to the
house.
Sincerely,
=...""",",,",,,,,1- _
Nicole Finholm
D A V I D FIN H 0 L MAN D ASS 0 C I ATE SIN C,
ARC HIT E C T U REA N D LAN D P LAN N I N G A, I. A,
PO BOX 2839 ASPEN COLORADO 81612 303092505713 FACSIMILE 303092004471
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based on the 1991 determination of the city Attorney regarding the
defacto subdivision of the tennis courts, staff has determined that
a lot split approval is required to legitimize the tennis court lot
prior to the residential development.
PROPOSAL: The applicant seeks to split a 6.73 acre lot into two
lots, one for the residence and the other for the tennis courts.
Approximately 2.5 acres is wi thin the city limits. One lot of
approximately 25,000 s.f. will contain three tennis courts
currently leased to The Gant condominiums until the year 2083. The
other lot is being created for the development of a single family
residence. The portion of the site within the city limits is
located in the R-15 and C zone districts. Pursuant to section 7-
1003 A.2. of the Aspen Land Use Code revision date 8/14/89, lot
splits are exempt from general subdivision requirements, but do
require a approval by city Council. Subdivision approval shall be
by ordinance. See proposed site plan and lot split plat, Exhibit
"B".
REFERRAL COMMENTS:
Enqineerinq: Rob Thomson forwarded a memo regarding the proposed
lot split (Exhibit "C"). A summary of his comments are as follows:
Prior to submitting the plat for recordation it must comply
with Sec. 7-1004.D.2.a requirements. The easements for the
nordic trail, access,~ater line to Aspen Chance and other
utilities, etc. must be legally described.
Calculations for drainage/drywells must be stamped by a
engineer registered in Colorado. The engineer shall verify
that the drywells can be cleaned for proper performance. Ju~
~eul'f,Nt\e1 . .. AC.1Wtl. /"fcJ>f c,€ $7l\Meeo.
The applicant shall- s:;-~ written request to the City
Engineer for v~n~~ A~(,,~riW~~ rB~Nj.WA~
The applicant must incorporate the Ute Avenue Improvements
into their site plan.
An avalanche expert shall evaluate the potential for snow
avalanches for the proposed development.
Water: At the Development Review Committee (DRC) meeting held on
February 6, 1992, Judy McKenzie stated that the applicant must
receive a waiver by City Council from the water main extension
moratorium. A letter must be sent to the Water superintendent
requesting this consideration by Council.
Parks: George Robinson attended the DRC meeting and had the
following comments:
1. The concept of grading and landscaping the area of Ajax Park
(J) ~~ "N ~eN f AA 'f\nIl~~ .vA-~ l;~ ~ MC> Al,SO oNE. De'i>I\A1lI\1C? ~T:W ("IN~ 1XD1Y\
+l1DRtr"t ro ~I 1Q 1\tE (.I't'{. tASIM~ .t4USi ~ ~1.C0~ ?Rille 10 (~l~ ~ A: -ntf.
g.l1l..D"J", PiRM IT Eil5t"1~'f PrYl ('';' ~ s. N ~ U{.6U> IB IN
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l'~0l-l<. ~.O.w. j ANY IMfID06v'1~'t!. ~~~ ~"..... ..rv n~ -n-m flfwlJet. I ~ ~emO ,,,v'-
DAVID FINHOLM & ASSOCIA' . INC.
Architecture & Land Planning ...I.A.
111 Atlantic Suite L
P,O, Box 2839
ASPEN. COLORADO 81612
[]JEuu~[fu &J[f' uOO&'~~[J0{]Duu&'[L
(303) 925.5713
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TO en] ~ ~ J
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Amv: V--J tYl Jo.~J~O/'--)
WE ARE SENDING YOU ~ttached
>
o Under separate cover via
the following items:
o Shop drawings
M' Copy of letter
o Prints
o Change order
o Plans
o Samples
o Specifications
o
COPI ES DATE NO, DESCRIPTION
6r?:e- ~NCuz6 EO.
I j1J f?:J P-ec?V.c:57 t:::r/ '
THESE ARE TRANSMITTED as checked below:
>
o For aporoval
o For your use
~s requested
o Approved as submitted
o Approved as noted
o Returned for corrections
o Resubmit_copies for approval
o Submit_copies for distribution
o Return_corrected prints
D For review and comment 0
o FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS /11 ff'j
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If enclosures are not 8S noted. kindlv nnfif" WIl ., nn,...
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based on the 1991 determination of the city Attorney regarding the
defacto subdivision of the tennis courts, staff has determined that
a lot split approval is required to legitimize the tennis court lot
prior to the residential development.
PROPOSAL: The applicant seeks to split a 6.73 acre lot into two
lots, one for the residence and the other for the tennis courts.
Approximately 2.5 acres is within the city limits. One lot of
approximately 25,000 s.f. will contain three tennis courts
currently leased to The Gant condominiums until the year 2083. The
other lot is being created for the development of a single family
residence. The portion of the site within the city limits is
located in the R-15 and C zone districts. Pursuant to section 7-
1003 A.2. of the Aspen Land Use Code revision date 8/14/89, lot
splits are exempt from general subdivision requirements, but do
require a approval by city Council. Subdivision approval shall be
by ordinance. See proposed site plan and lot split plat, Exhibit
liB".
REFERRAL COMMENTS:
Enqineerinq: Rob Thomson forwarded a memo regarding the proposed
lot split (Exhibit "C"l. A summary of his comments are as follows:
Prior to submitting the plat for recordation it must comply
with Sec. 7-1004.0.2.a requirements. The easements for the
nordic trail, access, water line to Aspen Chance and other
utilities, etc. must be legally described.
Calculations for drainage/drywells must be stamped by a
engineer registered in Colorado. The engineer shall verify
that the drywells can be cleaned for proper performance.
The applicant shall _ s~--: written request to the City
Engineer for v~n~m A~(,,\ri~a. r~~Nj,W~"'"
The applicant must incorporate the Ute Avenue Improvements
into their site plan.
An avalanche expert shall evaluate the potential
avalanches for the proposed development.
for snow
Water: At the Development Review Committee (DRC) meeting held on
February 6, 1992, Judy McKenzie stated that the applicant must
receive a waiver by city Council from the water main extension
moratorium. A letter must be sent to the Water Superintendent
requesting this consideration by Council.
Parks: George Robinson attended the ORC meeting and had the
following comments:
1. The concept of grading and landscaping the area of Ajax Park
2
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SCHMUEsa GO/lllON IlEYEll 'He.
1001 Grand Avenue, Suite 2..E
GJenwood Springs, Colonado 81601
(303) 945-1004 (303) 925-6727
Fax (303) 945-5948
CONSULTING ~NGtNEEFfS "SURVEYORS
March 10, 1992
Mr. Wayne VanderMark. Fire Marshal
City of Aspen .
420 East Hopkins
Aspen, CO 81611
RE: Chalmers Residence .1001 Ute Avenue
Dear Wayne:
The architect has asked me to confinn our conversatiqn earlier today with respect to the
above-referenced residence. A submittal package is being put together for City staff review
and documentation of provisions for adequate fire protection has been requested.
Elements of the fire protection plan for this propertY are as follows:
1. The residence will be sprinldered.
2. A hydrant with 8 n waterline extension will be installed at the end of the
driveway and generaUy to the front of the residence.
3. The driveway extension from Ute Avenue will be 16 feet wide. construction of
heated concrete, and will be less than 12% grade.
Thank you for your input. Please call me with any other comments you may have with
respect to this site. Attached to this letter is a copy of the current site plan for your further
review.
Respectfully submitted,
SCHMUESER GORDON MEYER, INC.
. P.E.
DW _ c/92027.1
EncIosute
cc: Nikki Finholm. Finholm &. Associates
Ron Thompson. SGM
0"-..-
03/10/92 14:26
'5'303 945'48
S G M INC
~,
I4J 002
SCHMUESER GORDOH MEYER IHe.
, I-
I:
CONSUlaTING ENGINE~RS &0 SURVeYORS
1001 Grano AYenue, Suite 2,E
GlenwOO<l Springs, Colorado 81001
(303) 94501004 (303) 9250727
Fax (303) 94505948
March 10. 1992
Ms. Nikki Finholm
Finholm &. Associates
P.O. Box 2839
Aspen, CO 81611
RE: Chalmers Residence -1001 Ute Avenue
Orainaae Calculations
Dear Nikki:
Please find attached hereto a summary calculation page for drainage characteristics for the
above-referenced property. Our calculations reflect the following:
1. Off-site drainage will continue to be intercepted above the site and directed
along the existing trail. It appears that this is a~ally what occurs currently in
the field. but we have added a note to the drawings indicating that grading on
the trail shOuld be verified so this off-site drainage is kept from the property.
2. A total of 2237 cubic feet of detention is required. At present. we are showing
it split between an on-site pond and a drywell system. In the final analysis, the
amount of storage in each of these facilities may be adjusted, or one or the
other facilities eliminated altogether. As long as the total volume is provided.
surface drainage will be released at the historic rate.
3. The detention pond will be accessible for maintenance. The drywells will have
manhole covers at ground surface for access for maintenance as well.
1 trust the above is sufficient for your immediate needs. We are proceeding with construction
details at the present time.
Respectfully submitted.
SCHMUESER GORDON MEYER. INC.
P.E.
DWG:lec/92027
Enclosure
cc: Ron Thompson. SGM
U,J, .l.U, l:l":' .l.-i. ..:.,
'O'')V') Cl40 0Cl4o
S b ill iNc
or,L.;,.
il1J 003
1001 UTE AVENUE DRAINAGE
Rainfall
Area Intensity 0..
Basin (Acre) 'C' Cin/hrl (efs)
Undeveloped 2.64 0.45 1.65 1.96
Developed 1 1.13 0.47 1.86 0.99
Developed 2 0.46 0.35 1.88 0.30
Developed 3 1.05 0.64 2.75 1.85
Detention Requirement:
0....... - 0.."'" = 3.14 cfs - 1.96 cfs = 1.18 cfs
a..... Ct,,-I (601 = 1.18,cfs (31.6 mlnH60 see/minI = 2237 cf
Drywell detention = 5(2.5')'(3.14)(15') = 1473 cf
Pond detention = 764 ef
Total detention = 2237 cf
RT;lr;.\92027.'I
-
SCHMUESER GORDON MEYeR, INc..
-.,
Nicholas Lampiris, Ph,O,
CONSULTING GEOLOGIST
0185 INGERSOll LANE
SilT, COLORADO 81652
(303) 963-3600 (24 HOURS)
March 5, 1992
David Finholm ~ Associates
111 L Atlantic Avenue
Aspen CO 81611
RE: Chalmers Residence
1001 Ute Avenue
Aspen CD 81611
Dear Mr. Finholm:
I have inspected the
plan/landscape plan.
conjunction with the
the hazard from rock
1 f:?vel .
above referenced site and studied the site
The boulder walls that are proposed, in
pool and other landscape features, minimize
fall and snow sliding to an acceptible low
The amount of relief
is very advantageous
please contac:t me.
you project for the walls in your drawings
to the site. If you still have questions
~3i ncerel y,
/w~
Nicholas Lampiris
Consulting Geologist
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MEMORANDUM
1J~r-
1 /7) ~\;J tt3
TO:
Mayor and city council
Amy Margerum, City Manager
THRU:
THRU:
Diane Moore, Planning Director
FROM:
Kim Johnson, Planner
DATE:
February 24, 1992
RE:
Chalmers Subdivision Exemption for a Lot Split
---------------------------------------------------------------
---------------------------------------------------------------
SUMMARY: The jl~ning Office recommends approval of first reading
of Ordinance for the Chalmers Lot Split.
COUNCIL GOALS: This proposal reflects Council goal #14 which
emphasizes fair and consistent treatment in governmental processes.
BACKGROUND: In 1989 this parcel received 8040 Greenline approval
from the Planning Commission for development of one single family
residence and accessory dwelling unit. This approval as
memorialized in Resolution 89-15 stated that "It is the intent of
the Planning and Zoning commission that if ever the tennis courts
are construed to be another building site, no development shall
occur on that site until the year 2083." No development has
resulted from this approval. Please see Resolution 89-15. Exhibit
"A".
In the summer of 1991, the City Council heard a request for a lot
split and subdivision for the creation of three lots: two for
development of single family dwellings and one for the existing
tennis courts leased to The Gant Condominiums. This process was
followed because the City Attorney determined that the long term
lease on the tennis courts held by The Gant constitutes a defacto
subdivision under the language of the land use code and should be
legalized. The Council approved this request with a deed
restriction against future development of the tennis court lot as
a condition of GMQS Exemption. Since this 1991 approval, no plats
have been recorded establishing the three lots.
The current owner of this parcel wishes to construct one single
family residence and accessory dwelling unit according to the 1989
Planning Commission approval. The Planning Office and the owner
concur that the existing approval conditions set forth in Planning
commission Resolution 89-15 shall bind the residential
construction. There have been no code changes within 8040
Greenline reviews which would affect the development. However,
1
'""
based on the 1991 determination of the City Attorney regarding the
de facto subdivision of the tennis courts, staff has determined that
a lot split approval is required to legitimize the tennis court lot
prior to the residential development.
PROPOSAL: The applicant seeks to split a 6.73 acre lot into two
lots, one for the residence and the other for the tennis courts.
Approximately 2.5 acres is wi thin the city limits. One lot of
approximately 25,000 s.f. will contain three tennis courts
currently leased to The Gant condominiums until the year 2083. The
other lot is being created for the development of a single family
residence. The portion of the site within the city limits is
located in the R-15 and C zone districts. Pursuant to section 7-
1003 A.2. of the Aspen Land Use Code revision date 8/14/89, lot
splits are exempt from general subdivision requirements, but do
require a approval by City Council. Subdivision approval shall be
by ordinance. See proposed site plan and lot split plat, Exhibit
"B".
REFERRAL COHHENTS:
Enqineerinq: Rob Thomson forwarded a memo regarding the proposed
lot split (Exhibit "C"). A summary of his comments are as follows:
1. Prior to submitting the plat for recordation it must comply
with Sec. 7-1004.D.2.a requirements. The easements for the
nordic trail, access, water line to Aspen Chance and other
utilities, etc. must be legally described.
2. Calculations for drainage/drywells must be stamped by a
engineer registered in Colorado. The engineer shall verify
that the drywells can be cleaned for proper performance.
3. The applicant shall submit a written request to the city
Engineer for variance of the driveway regulations.
4. The applicant must incorporate the ute Avenue Improvements
into their site plan.
5. An avalanche expert shall evaluate the potential for snow
avalanches for the proposed development.
Water: At the Development Review Committee (DRC) meeting held on
February 6, 1992, Judy McKenzie stated that the applicant must
receive a waiver by City Council from the water main extension
moratorium. A letter must be sent to the Water Superintendent
requesting this consideration by Council.
Parks: George Robinson attended the DRC meeting and had the
following comments:
1. The concept of grading and landscaping the area of Ajax Park
2
"""
,...--..,
adjacent
applicant
area.
to the proposed driveway is acceptable. The
must identify any existing trees affected in this
2. The applicant must work closely with the Parks staff regarding
required tree permits for the entire site and the grading work
in Ajax Park. A note on the plat must state this requirement.
PROJECT DISCUSSION: The current use of the site is three tennis
courts leased to The Gant. The proposed house is slightly smaller
that the one approved in the 1989 Greenline review. within the
home a deed restricted accessory dwelling unit was approved as a
Conditional Use during the 1989 review and will be built by the
current applicant.
The neighborhood along Ute Ave. is mixed residential. The portion
of the parcel extending steeply uphill from the city limits carries
the county zoning of AF-1.
The lot split request complies with the subdivision exemption
requirements of section 7-1003 A.2.A:
Condition a: The land is not located in a subdivision approved by
either the Pitkin county Board of County Commissioners or the City
Council, or the land is described as a metes and bounds parcel
which has not been subdivided after the adoption of subdivision
regulations by the city of Aspen on March 14, 1969.
Response: The title commitment show that this parcel is a
portion of the 1001 mining claim and is an unplatted parcel created
before the city's subdivision regulations.
Condition b. No more than two (2) lots are created by the lot
split, both lots conform to the requirements of the underlying zone
district and the applicant commits that any lot for which
development is proposed will contain an Accessory Dwelling unit.
When there is demolition on the property which makes it subject to
the provisions of Art. 5, Div. 7, Replacement Housing Program, the
standards of that program shall supersede these requirements.
Response: As discussed earlier the proposal creates two lots:
one for residential development and one lot for the tennis courts
which will be deed restricted against future development. The
lease on the tennis court lot extends to the year 2083. The
development restriction approved in the 1989 review lasts until
this time. staff believes the lot split should retain this date
regardless of whether or not The Gant lease remains in effect.
The applicant commits that the new residence will contain an
accessory dwelling unit. The Planning Commission approved the
proposed unit in Resolution 89-15.
3
.~...
Condition c. The lot under consideration, or any part thereof, was
not previously the subject of an exemption under the provisions of
this article or a "lot split" exemption pursuant to Sec. 8-
104(C) (1) (a).
Response: The 1991 approvals for lot split/subdivision were
never recorded, therefore the current proposal meets this criteria.
Condition d. A subdivision plat is submitted and recorded after
approval, indicating that no further subdivision may be granted for
these lots nor will additional units be built without receipt of
applicable approvals pursuant to this Article and growth management
allocation pursuant to Art. 8.
Response: The applicant has submitted a draft plat and will
make final corrections to it as required by the Engineering
Department.
ALTERNATIVES: without this lot split approval, the property may
still be developed according to the 1991 scenario of two
residential lots and the tennis court parcel. The appropriate plat
documents would have to be filed as required in the 1991 approval.
RECOMMENDATION: Planning staff recommends approval of the Chalmers
lot split request with the following conditions:
1. Prior to recording the plat, it must comply with Sec. 7-
1004. D. 2 . a requirements. Any easements, including but not
limited to the nordic trail, access, water line to Aspen
Chance, and other utilities, must be legally described.
2. Prior to issuance of any building permit, calculations for
drainage/drywells must be stamped by a engineer registered in
Colorado. The engineer shall verify that the drywells can be
cleaned for proper performance.
3. Prior to issuance of any building permit, the applicant shall
submit a written request to the City Engineer for variance of
the driveway regulations.
4. The applicant must incorporate the ute Avenue Improvements
into their site plan.
5. An avalanche expert shall evaluate the potential for snow
avalanches for the proposed development. A letter from the
avalanche expert shall be forwarded to the Engineering
Department prior to issuance of any building permit.
6. The applicant must work closely with the Parks staff regarding
required tree permits for the entire site and the grading work
in Ajax Park. Any required permits shall be obtained prior
4
-,
to issuance of any building permits. A note on the plat must
state this requirement.
7.
Prior to issuance of any building permits, the applicant
recieve a waiver from City Council for the water
extension moratorium.
shall
main
8. A Subdivision Exemption Agreement describing the terms of this
exemption must be filed with the Pitkin County Clerk and
Recorder concurrently with the Lot Split plat, within 180 days
following approval by city Council. This document must
include a signature block for the Mayor.
9. All material representations made by the applicant in the
application and during public meetings with the City Council
shall be adhered to and considered conditions of approval,
unless otherwise amended by other conditions.
PROPOSED MOTION: I move to have first reading of Ordinance
for the Chalmers Lot Split.
CITY MANAGER'S COMMENTS:
Ordinance
, Series 1992
Exhibits: "A" - Resolution 89-15
"B" - Proposed site Plan and Plat
"c" - Engineering Referral Comments
5
".,..... -'" '>.
MEMORANDUM
FROM:
Mayor and city council ~
Amy Margerum, city Manager~~"_,
Diane Moore, Planning Director ~=~,,'.)
Kim Johnson, Planner
TO:
THRU:
THRU:
DATE:
March 23, 1992
RE:
Chalmers Subdivision Exemption for a Lot Split and
Request to Waive Watermain Extension Moratorium - Second
Reading of Ordinance 14, Series 1992
---------------------------------------------------------------
---------------------------------------------------------------
SUMMARY: The Planning Office recommends approval of the Chalmers
Lot Split and Second Reading of Ordinance 14, Series 1992. The
Water Department recommends approval of a waiver of the watermain
extension moratorium.
At first reading on February 24, 1992, the Council directed staff
to work with the applicant to address the ordinance conditions in
order to remove some of them from the ordinance prior to second
reading. The applicant has provided additional information and
staff has edited and reduced the ordinance conditions to the extent
possible.
At first reading there was also concern expressed by a
representati ve of The Gant Condominiums that this application
needed The Gant I s consent to process the lot split. The City
Attorney has since determined that The Gant's permission is not
required by the Land Use Code as The Gant is not a joint owner of
the Chalmers property.
COUNCIL GOALS: This proposal reflects Council goal #14 which
emphasizes fair and consistent treatment in governmental processes.
BACKGROUND: In 1989 this parcel received 8040 Greenline approval
from the Planning commission for development of one single family
residence and accessory dwelling unit. This approval as
memorialized in Resolution 89-15 stated that "It is the intent of
the Planning and Zoning Commission that if ever the tennis courts
are construed to be another building site, no development shall
occur on that site until the year 2083." No development has
resulted from this approval. Please see Resolution 89-15, Exhibit
nAil.
In the summer of 1991, the City Council heard a request for a lot
1
-
,.......
split and subdivision for the creation of three lots: two for
development of single family dwellings and one for the existing
tennis courts leased to The Gant Condominiums. This process was
followed because the city Attorney determined that the long term
lease on the tennis courts held by The Gant constitutes a defacto
subdivision under the language of the land use code and should be
legalized. The Council approved this request with a deed
restriction against future development of the tennis court lot as
a condition of GMQS Exemption. since this 1991 approval, no plats
have been recorded establishing the three lots.
The current owner of this parcel wishes to construct one single
family residence and accessory dwelling unit according to the 1989
Planning Commission approval. The Planning Office and the owner
concur that the existing approval conditions set forth in Planning
Commission Resolution 89-15 shall bind the residential
construction. There have been no code changes within 8040
Greenline reviews which would affect the development. However,
based on the 1991 determination of the city Attorney regarding the
defacto subdivision of the tennis courts, staff has determined that
a lot split approval is required to legitimize the tennis court lot
prior to the residential development.
PROPOSAL: The applicant seeks to split a 6.73 acre lot into two
lots, one for the residence and the other for the tennis courts.
Approximately 2.5 acres is within the city limits. One lot of
approximately 25,000 s.f. will contain three tennis courts
currently leased to The Gant condominiums until the year 2083. The
other lot is being created for the development of a single family
residence. The portion of the site within the city limits is
located in the R-15 and C zone districts. Pursuant to section 7-
1003 A.2. of the Aspen Land Use Code revision date 8/14/89, lot
splits are exempt from general subdivision requirements, but do
require a approval by City Council. Subdivision approval shall be
by ordinance. See proposed site plan and lot split plat, Exhibit
liB".
REFERRAL COMMENTS:
Enqineerinq: Rob Thomson forwarded a memo regarding the proposed
lot split (Exhibit "C"). A summary of his comments are as follows:
1. Prior to submitting the plat for recordation it must comply
with Sec. 7-1004.D.2.a requirements. The easements for the
nordic trail, access, water line to Aspen Chance and other
utilities, etc. must be legally described.
2. Calculations for drainage/drywells must be stamped by a
engineer registered in Colorado. The engineer shall verify
that the drywells can be cleaned for proper performance.
3. The applicant must incorporate the ute Avenue Improvements
2
~,-.,
/""-'
into their site plan.
5. An avalanche expert shall evaluate the potential for snow
avalanches for the proposed development.
Water: At the Development Review Committee (DRC) meeting held on
February 6, 1992, Judy McKenzie stated that the applicant must
receive a waiver by City Council from the water main extension
moratorium. The Water Superintendent has submitted a memo stating
support of the waiver request (Exhibit "D")
requesting this consideration by Council.
Parks: George Robinson attended the DRC meeting and had the
following comments:
1.
The concept of grading and landscaping the area of Ajax
adjacent to the proposed driveway is acceptable.
applicant must identify any existing trees affected in
area.
Park
The
this
2. The applicant must work closely with the Parks staff regarding
required tree permits for the entire site and the grading work
in Ajax Park. A note on the plat must state this requirement.
PROJECT DISCUSSION: The current use of the site is three tennis
courts leased to The Gant. The proposed house is slightly smaller
that the one approved in the 1989 Greenline review. within the
home a deed restricted accessory dwelling unit was approved as a
Conditional Use during the 1989 review and will be built by the
current applicant.
The neighborhood along Ute Ave. is mixed residential. The portion
of the parcel extending steeply uphill from the city limits carries
the county zoning of AF-1.
The lot split request complies with the subdivision exemption
requirements of section 7-1003 A.2.A:
Condition a: The land is not located in a subdivision approved by
either the Pitkin County Board of County Commissioners or the city
Council, or the land is described as a metes and bounds parcel
which has not been subdivided after the adoption of subdivision
regulations by the City of Aspen on March 14, 1969.
Response: The title commitment show that this parcel is a
portion of the 1001 mining claim and is an unplatted parcel created
before the City's subdivision regulations.
Condition b. No more than two (2) lots are created by the lot
split, both lots conform to the requirements of the underlying zone
3
-
,..-.,"",,-
district and the applicant commits that any lot for which
development is proposed will contain an Accessory Dwelling Unit.
When there is demolition on the property which makes it subject to
the provisions of Art. 5, Div. 7, Replacement Housing Program, the
standards of that program shall supersede these requirements.
Response: As discussed earlier the proposal creates two lots:
one for residential development and one lot for the tennis courts
which will be deed restricted against future development. The
lease on the tennis court lot extends to the year 2083. The
development restriction approved in the 1989 review lasts until
this time. staff believes the lot split should retain this date
regardless of whether or not The Gant lease remains in effect.
The applicant commits that the new residence will contain an
accessory dwelling unit. The Planning commission approved the
proposed unit in Resolution 89-15.
Condition c. The lot under consideration, or any part thereof, was
not previously the subject of an exemption under the provisions of
this article or a "lot split" exemption pursuant to Sec. 8-
104 (C) (1) (a) .
Response: The 1991 approvals for lot split/subdivision were
never recorded, therefore the current proposal meets this criteria.
Condition d. A subdivision plat is submitted and recorded after
approval, indicating that no further subdivision may be granted for
these lots nor will additional units be built without receipt of
applicable approvals pursuant to this Article and growth management
allocation pursuant to Art. 8.
Response: The applicant has submitted a draft plat and will
make final corrections to it as required by the Engineering
Department.
ALTERNATIVES: without this lot split approval, the property may
still be developed according to the 1991 scenario of two
residential lots and the tennis court parcel. The appropriate plat
documents would have to be filed as required in the 1991 approval.
RECOMMENDATION: Planning staff recommends approval of the Chalmers
lot split request with the following conditions:
1. Prior to recordation, the plat must comply with Sec. 24-7-
1004.D.2.a requirements. Any easements, including but not
limited to the nordic trail, access, water lines (including
future line to Aspen Chance and line from new hydrant down to
ute Ave.), and other utilities, must be legally described and
executed prior to issuing any building permits. All easements
shall be per city of Aspen specs.
2. Prior to issuance of any building permit, final calculations
4
--
-
for drainage/drywells must be stamped by a engineer registered
in Colorado. The engineer shall verify that the drywells can
be cleaned for proper performance.
3. The applicant must incorporate the ute Avenue Improvements
into their site plan.
4. An avalanche expert shall evaluate the potential for snow
avalanches for the proposed development. A letter from the
avalanche expert shall be forwarded to the Engineering
Department prior to issuance of any building permit.
5. The applicant must work closely with the Parks staff regarding
required tree permits for the entire site and the grading work
in Ajax Park. Any required permits shall be obtained prior
to issuance of any building permits. A note on the plat must
state this requirement.
6. A SUbdivision Exemption Agreement describing the terms of this
exemption must be filed with the Pitkin County Clerk and
Recorder concurrently with the Lot Split plat, within 180 days
following approval by City Council. This document must
include a signature block for the Mayor.
8. All material representations made by the applicant in the
application and during public meetings with the City council
shall be adhered to and considered conditions of approval,
unless otherwise amended by other conditions.
The Water Department recommends approval of the request to waive
the waterline extension moratorium.
PROPOSED MOTION: I move to have second reading of Ordinance 14,
Series 1992 approving the Chalmers Lot Split and waiving the
waterline extension moratorium.
CITY MANAGER'S COMMENTS:
Ordinance 14, Series 1992
Exhibits: "A" - Resolution 89-15
"B" - Proposed site Plan and Plat
"c" - Engineering Referral Comments
"D" - Memo from Larry Ballenger
5
,.......
"'"'"
l Y Council
Approved
By Ordinance
ExhibitL
, 19_
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THE APPROVAL OF 1001 UTE AVENUE
8040 GREENLINE, CONDITIONAL USE. &
GMQS EXEMPTION
.-/
Resolution No. 89-~
Whereas, the Aspen Planning and Zoning commission held a
public meeting November 7, 1989; and
Whereas, the 1001 Ute Avenue 8040 Greenline and Conditional
Use review and GMQS Exemption was included on the agenda; and
Whereas, the planning staff recommended approval of the 1001
application with conditions; and
Whereas, the applicant did not consent to Condition *15; and
Whereas, the Commission approved the application (4 to 3)
supporting staff's review and conditions; and
Whereas,
the Commission directed staff to work .lith the
city Attorney and applicants to develop more agreeable language
for Condition ;15; and
Whereas, Condition #15 has been amended from: no development
application shall be accepted until 2083
to: it is the
intention of the Planning and Zoning Commission that no
development shall occur on the tennis court site until 2083; and
Whereas, the commission also established that the height of
the residence shall be measured from finished grade, the
elevation of 8020, not natural grade; and
--
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning
commission:
,.......
.--
That it does hereby approve of the 8040 Greenline and
Conditional Use review and the GMQS Exemption for development of
a single' family home with an accessory dwelling unit 'with the
following conditions:
1. Before the issuance of an excavation permit the
applicant shall submit to the Engineering Department confirmation
from Chen that their Supplemental Geotechnical Study is
applicable to this new proposal.
2. Prior to the issuance of an excavation permit, the
applicant shall submit, to the Engineering Department, a detailed
stormwater drainage plan.
3. The applicant shall agree to join a Special Improvement
District, if one is ever formed.
4. At such time that he alignment is determined, the
applicant shall grant an easement for the Spar Gulch Drainage
Project.
5. The applicant shall service project with public sewer as
provided by the Aspen Consolidated Sanitation District and
water provided by the Aspen Water Department distribution system
as represented in the application.
6. Prior to issuance of an excavation permit the applicant
shall contact the Environmental Health office for a final
determination regarding the criteria for the development a
fugitive dust control plan addressing windblown dust since the
site is larger than 5 acres.
D 7.
devices
The proposed residence shall not contain wood burning
as is represented in their application. ~ fire;'J.aces"..
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and/or certified gas appliances, however, may be installed.
8. .. The applicant shall contact the Environmental Health
office regarding the potential mine waste, waste rock or mine
dumps which may be encountered during the excavation phase of the
project. The applicant shall adhere, to the satisfaction of the
Environmental Health Department, to recommendations by the Chen-
Northern Geologist regarding contaminated soils and mine waste
on-site and providing an imported non contaminated soil to cap the
materials.
9.
of the
retention
reviewed
The applicant shall 'follow the specific recommendations
Cnen-Northern report regarding soil stability and
of slope cuts and the final grading plan shall be
by the Engineering Department for consistency with
Chen's recommendations.
10. Before the issuance of an excavation permit tree permits
shall be required for any tree 6" in caliper. Relocation of
these tress should be a priority.
11. Prior to the issuance of a certificate of occupancy, the
applicant shall install a hydrant at the terminus of the (8) inch
water main extension.
12. Prior to the issuance of a certificate of Occupancy, the
applicant shall provide an easement across the project site to
permit the future extension of the proposed eight (8) inch main.
The applicant shall also to participate in the cost of that
extension.
13. Prior to the issuance of a building permit, the
3
,-....
.......
applicant shall dedicate a twelve foot wide public trail
easement, to the City, for the new trail.
14. Prior to the issuance of a building permit a deed
restriction shall be filed with the Housing Authority for the
accessory dwelling unit which shall comply with the provisions of
the Housing Guidelines.
15. It is the intention of the Planning and Zoning
commission that if ever the tennis courts are construed to be
another building site, no development shall occur on that site
until the year 2083.
16. The easements for the Spar Gulch drainage and the public
trail shall be filed with the City Attorney's office and recorded
by the clerk.
17. Prior to the issuance of a building permit, a
landscaping plan shall be reviewed and approved by the Parks and
Plahning Departments.
18. The height of the building shall be measured from
finished grade which shall be the elevation of 8020.
APPROVED by the Commission at their regular meeting November
21, 1989.
ATTEST
-----
ASPEN PLANNING AND ZONING
COMMISSION , /-----,
( ,'; II. :
: (JJ;)j;n.~-/
C.~elton Anderson, Chairman
,
\.
APPROVED AS TO CONTENT:
,--l1'" I ( Yb JjiJ-.
Ja~ Carney, De~~y City Clerk
ROVED ~/~OM:
. ",-,' "-
Gannett, ci ~ Attorney
/l/' I /'7. "J~ ,
!,A/l1AI/ l..--" /l'~~A-!/ /"
Amy Margerum, Planning Director
J J
td
4
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~ty Council
Approved
By Ordinance
UTE AVENUE
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FEel I.
MEMORANDUM
CJ.ty Council
Approved
By Ordinance
,.
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BYhihtt ~
,19
To: Kim Johnson, Planning Office
From: Rob Thomson, Project EngineerlR~
Date: February 11, 1992
Re: Chalmers Lot Split
Having reviewed the above application, and having made a site
visit, the engineering department has the following comments:
1. The applicant's final plat map must comply with the
requirements outlined in code section 7-1004.D.2.a; and more
specifically it must show, with legal description, all easements,
the nordic trail, lot line and access for the parcel occupied by
the tennis courts. It is recommended that the applicant work
with the engineering department on plat approval prior to
submission for recording.
2. The applicant has stated they will comply with the conditions
outlined in Resolution No. 89-15. Specifically for the
engineering department's satisfaction are items 1, 2, 3, 4, 9,
12, 13, and 16. In addition:
item number two must demonstrate that the drywells are
sufficient to accommodate drainage on site by providing
calculations from an engineer registered in the State of Colorado.
We also need the engineer to comment on the functional aspects of
the facility in order to determine that it can be cleaned for
continual proper performance.
3. The engineering department requests that the applicant file a
written application (a letter) with the engineering department for
a variance of the requirements in 19-101 requiring an eighteen foot
driveway.
4. The applicant must incorporate ute Avenue Improvements with
their site plan. Drawings are available third floor city hall,
engineering department.
5. An avalanche expert must be consulted to evaluate the potential
for snow avalanches and impact on the proposed development.
~'"
.......
6. As a general comment, when we get an application like this
which has single property ownership which is both inside and
outside the city limits, should we be requiring or requesting
annexation of the portion not within the city limits?
rtjcaseload92.004
MEMORANDUM
tlD"
tlt;y council Bxh1b1t
An4-ond , 11 _
By Ordlll.-
TO:
MAYOR AND CITY COUNCIL
THROUGH:
AMY MARGERUM, CITY MANAGER
ROBERT GISH, DIRECTOR OF PUBLIC WORKS
THROUGH:
FROM:
LARRY BALLENGER, DIRECTOR OF WATER
DATE:
FEBRUARY 18, 1992
SUBJECT:
_~: ,,~{c J~'
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;vmi~~.~PEN~,..,
David Finholm and Associates, Inc., has forwarded a request for a waiver of the Moratorium
on Water Main Extensions. Finholm and Associates is making this request for the Chalmers
residence, which is proposed for construction at 1001 Ute Avenue.
Chalmers proposes to extend an 8" water main approximately 200 feet from the water main in
Ute Avenue to terminate at a fire hydrant to be located adjacent to the Chalmers building
envelope. The proposed water main extension is to serve the Chalmer's residence with potable
and fire protection water.
Pursuant to the waiver of the Moratorium, the Water Department is requesting an easement to
be dedicated for the future installation of a connector line to the Aspen Alps' 8" Water System.
This interconnect will effectively provide a loop system for this mainline, as well as a secondary
feed to the Alps' System.
The Water Department has no reservations about waiving the Moratorium as it relates to this
installation.
LB:ll
cba1men.cc
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MEMORANDUM
TO:
Mayor and City Council
FROM:
Amy Margerum, City Manager
Diane Moore, Planning Director~
Kim Johnson, Planner ~
THRU:
THRU:
DATE:
February 24, 1992
Chalmers Subdivision Exemption for a Lot Split
RE:
===============================================================
SUMMARY: The Planning Office recommends approval of first reading
of Ordinance for the Chalmers Lot Split.
COUNCIL GOALS: This proposal reflects Council goal #14 which
emphasizes fair and consistent treatment in governmental processes.
BACKGROUND: In 1989 this parcel received 8040 Greenline approval
from the Planning Commission for development of one single family
residence and accessory dwelling unit. This approval as
memorialized in Resolution 89-15 stated that "It is the intent of
the Planning and Zoning commission that if ever the tennis courts
are construed to be another building site, no development shall
occur on that site until the year 2083." No development has
resulted from this approval. Please see Resolution 89-15, Exhibit
"All.
In the summer of 1991, the city Council heard a request for a lot
spli t and subdivision for the creation of three lots: two for
development of single family dwellings and one for the existing
tennis courts leased to The Gant Condominiums. This process was
followed because the City Attorney determined that the long term
lease on the tennis courts held by The Gant constitutes a defacto
subdivision under the language of the land use code and should be
legalized. The Council approved this request with a deed
restriction against future development of the tennis court lot as
a condition of GMQS Exemption. Since this 1991 approval, no plats
have been recorded establishing the three lots.
The current owner of this parcel wishes to construct one single
family residence and accessory dwelling unit according to the 1989
Planning commission approval. The Planning Office and the owner
concur that the existing approval conditions set forth in Planning
commission Resolution 89-15 shall bind the residential
construction. There have been no code changes within 8040
Greenline reviews which would affect the development. However,
1
based on the 1991 determination of the city Attorney regarding the
defacto sUbdivision of the tennis courts, staff has determined that
a lot split approval is required to legitimize the tennis court lot
prior to the residential development.
PROPOSAL: The applicant seeks to split a 6.73 acre lot into two
lots, one for the residence and the other for the tennis courts.
Approximately 2.5 acres is within the city limits. One lot of
approximately 25,000 s.f. will contain three tennis courts
currently leased to The Gant condominiums until the year 2083. The
other lot is being created for the development of a single family
residence. The portion of the site within the city limits is
located in the R-15 and C zone districts. Pursuant to section 7-
1003 A.2. of the Aspen Land Use Code revision date 8/14/89, lot
splits are exempt from general subdivision requirements, but do
require a approval by city Council. Subdivision approval shall be
by ordinance. See proposed site plan and lot split plat, Exhibit
liB".
REFERRAL COMMENTS:
Enqineerinq: Rob Thomson forwarded a memo regarding the proposed
lot split (Exhibit "C"). A summary of his comments are as follows:
1. Prior to submitting the plat for recordation it must comply
with Sec. 7-1004.D.2.a requirements. The easements for the
nordic trail, access, water line to Aspen Chance and other
utilities, etc. must be legally described.
2. Calculations for drainage/drywells must be stamped by a
engineer registered in Colorado. The engineer shall verify
that the drywells can be cleaned for proper performance.
3. The applicant shall submit a written request to the city
Engineer for variance of the driveway regulations.
4. The applicant must incorporate the Ute Avenue Improvements
into their site plan.
5. An avalanche expert shall evaluate the potential for snow
avalanches for the proposed development.
Water: At the Development Review Committee (DRC) meeting held on
February 6, 1992, Judy McKenzie stated that the applicant must
receive a waiver by City Council from the water main extension
moratorium. A letter must be sent to the Water Superintendent
requesting this consideration by Council.
Parks: George Robinson attended the DRC meeting and had the
following comments:
1. The concept of grading and landscaping the area of Ajax Park
2
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adjacent
applicant
area.
to the proposed driveway is acceptable. The
must identify any existing trees affected in this
2. . The applicant must work closely with the Parks staff regarding
required tree permits for the entire site and the grading work
in Ajax Park. A note on the plat must state this requirement.
PROJECT DISCUSSION: The current use of the site is three tennis
courts leased to The Gant. The proposed house is slightly smaller
that the one approved in the 1989 Greenline review. within the
home a deed restricted accessory dwelling unit was approved as a
Conditional Use during the 1989 review and will be built by the
current applicant.
The neighborhood along ute Ave. is mixed residential. The portion
of the parcel extending steeply uphill from the city limits carries
the county zoning of AF-1.
The lot split request complies with the subdivision exemption
requirements of section 7-1003 A.2.A:
Condition a: The land is not located in a subdivision approved by
either the Pitkin County Board of county Commissioners or the City
Council, or the land is described as a metes and bounds parcel
which has not been subdivided after the adoption of subdivision
regulations by the city of Aspen on March 14, 1969.
Response: The title commitment show that this parcel is a
portion of the 1001 mining claim and is an unplatted parcel created
before the City's subdivision regulations.
Condition b. No more than two (2) lots are created by the lot
split, both lots conform to the requirements of the underlying zone
district and the applicant commits that any lot for which
development is proposed will contain an Accessory Dwelling Unit.
When there is demolition on the property which makes it subject to
the provisions of Art. 5, Div. 7, Replacement Housing Program, the
standards of that program shall supersede these requirements.
Response: As discussed earlier the proposal creates two lots:
one for residential development and one lot for the tennis courts
which will be deed restricted against future development. The
lease on the tennis court lot extends to the year 2083. The
development restriction approved in the 1989 review lasts until
this time. Staff believes the lot split should retain this date
regardless of whether or not The Gant lease remains in effect.
The applicant commits that the new residence will contain an
accessory dwelling unit. The Planning Commission approved the
proposed unit in Resolution 89-15.
3
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Condition c. The lot under consideration, or any part thereof, was
not previously the subject of an exemption under the provisions of
this article or a "lot split" exemption pursuant to Sec. 8-
104 (C) (1) (a) .
Response: The 1991 approvals for lot split/subdivision were
never recorded, therefore the current proposal meets this criteria.
Condition d. A subdivision plat is submitted and recorded after
approval, indicating that no further subdivision may be granted for
these lots nor will additional units be built without receipt of
applicable approvals pursuant to this Article and growth management
allocation pursuant to Art. 8.
Response: The applicant has submitted a draft plat and will
make final corrections to it as required by the Engineering
Department.
ALTERNATIVES: without this lot split approval, the property may
still be developed according to the 1991 scenario of two
residential lots and the tennis court parcel. The appropriate plat
documents would have to be filed as required in the 1991 approval.
RECOMMENDATION: Planning staff recommends approval of the Chalmers
lot split request with the following conditions:
1. Prior to recording the plat, it must comply with Sec. 7-
1004.D.2.a requirements. Any easements, including but not
limited to the nordic trail, access, water line to Aspen
Chance, and other utilities, must be legally described.
2. Prior to issuance of any building permit, calculations for
drainage/drywells must be stamped by a engineer registered in
Colorado. The engineer shall verify that the drywells can be
cleaned for proper performance.
3. Prior to issuance of any building permit, the applicant shall
submit a written request to the City Engineer for variance of
the driveway regulations.
4. The applicant must incorporate the ute Avenue Improvements
into their site plan.
5. An avalanche expert shall evaluate the potential for snow
avalanches for the proposed development. A letter from the
avalanche expert shall be forwarded to the Engineering
Department prior to issuance of any building permit.
6. The applicant must work closely with the Parks staff regarding
required tree permits for the entire site and the grading work
in Ajax Park. Any required permits shall be obtained prior
4
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to issuance of any building permits. A note on the plat must
state this requirement.
7 .
Prior to issuance of any building permits, the applicant
recieve a waiver from City council for the water
extension moratorium.
shall
main
8. A Subdivision Exemption Agreement describing the terms of this
exemption must be filed with the Pitkin County Clerk and
Recorder concurrently with the Lot Split plat, within 180 days
following approval by city Council. This document must
include a signature block for the Mayor.
9. All material representations made by the applicant in the
application and during public meetings with the City Council
shall be adhered to and considered conditions of approval,
unless otherwise amended by other conditions.
PROPOSED MOTION: I move to have first reading of Ordinance
for the Chalmers Lot Split.
CITY MANAGER'S COMMENTS:
Ordinance
, series 1992
Exhibits: "A" - Resolution 89-15
"B" - Proposed site Plan and Plat
"C" - Engineering Referral Comments
5
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ORDINANCE NO.---
(SERIES OF 1992)
AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING
SUBDIVISION EXEMPTION FOR A LOT SPLIT FOR THE 1001 MINING CLAIM ON
UTE AVENUE, A METES AND BOUNDS PARCEL SITUATED IN SECTION 18,
TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M.
WHEREAS, according to
the definition of "Subdivision"
contained in section 24-3-101 of the Aspen Municipal Use code, a
long term lease constitutes a defacto SUbdivision; and
WHEREAS, the 1001 ute Mining Claim parcel contains three
tennis courts which are held in a long term lease by The Gant
Condominiums until the year 2083; and
WHEREAS, based on this definition of "Subdivision", David
Chalmers submitted an application to the Planning Office for a
Subdivision Exemption for a Lot Split for the creation of one lot
for the development of a single family residence and one lot
containing three tennis courts leased to The Gant Condominiums; and
WHEREAS, the site plan for the proposed residence is nearly
identical to the plan which received 8040 Greenline and Conditional
Use approval by the Aspen Planning and Zoning commission on
November 7, 1989 and ratified by Resolution 89-15, and because
there have been no changes to the review criteria affecting these
approvals, the Applicant and the city shall be bound to the
conditions of approval found within Resolution 89-15; and
WHEREAS, in accordance with the 1989 Planning commission
approval, no other development shall occur on the tennis court lot
until the year 2083; and
1
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WHEREAS, pursuant to section 24-7-1004 A.2
Municipal Use Code, the City Council may grant
Subdivision Exemption for Lot Splits; and
WHEREAS, the Planning Office received referral comments from
Engineering Department, Parks Department and the Water Department
and considered these comments and review criteria for Lot Splits
recommended approval for Subdivision Exemption for the proposed Lot
Split; and
WHEREAS, the Aspen city council, having considered the
Planning Office's recommendation for Subdivision Exemption
approval, does wish to grant a Subdivision Exemption for the
Chalmers Lot Split on the 1001 ute Mining Claim.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
section 1:
The city council of the City of Aspen pursuant to section 7-
1003 A.2 of the Land Use Code of the city of Aspen, wishes to grant
Subdivision Exemption for the Chalmers a Lot Split.
section 2: The following conditions shall apply to the approval:
1. Prior to recording the plat, it must comply with Sec. 7-
1004.D.2.a requirements. Any easements, including but not
limited to the nordic trail, access, water line to Aspen
Chance, and other utilities, must be legally described.
Prior to issuance of any building permit, calculations for
drainage/drywells must be stamped by a engineer registered in
Colorado. The engineer shall verify that the drywells can be
of the Aspen
approvals for
2.
2
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cleaned for proper performance.
3. Prior to issuance of any building permit, the applicant shall
submit a written request to the City Engineer for variance of
the driveway regulations.
4. The applicant must incorporate the ute Avenue Improvements
into their site plan.
5. An avalanche expert shall evaluate the potential for snow
avalanches for the proposed development. A letter from the
avalanche expert shall be forwarded to the Engineering
Department prior to issuance of any building permit.
6. The applicant must work closely with the Parks staff regarding
required tree permits for the entire site and the grading work
in Ajax Park. Any required permits shall be obtained prior
to issuance of any building permits. A note on the plat must
state this requirement.
7. Prior to issuance of any building permits, the applicant shall
receive a waiver from city council for the water main
extension moratorium.
8. A Subdivision Exemption Agreement describing the terms of this
exemption must be filed with the Pitkin County Clerk and
Recorder concurrently with the Lot Split plat, within 180 days
following approval by City Council. This document must
include a signature block for the Mayor.
9. All material representations made by the applicant in the
application and during public meetings with the City Council
shall be adhered to and considered conditions of approval,
3
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unless otherwise amended by other conditions.
section 3:
That the City Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
section 4:
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the
remaining portions thereof.
section 5:
This Ordinance shall not effect any existing litigation and
shall not operate as an abatement of any action or proceeding now
pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
section 6: A public hearing on the Ordinance shall be held on the
_ day of 1992 at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior
to which a hearing of pUblic notice of the same shall be published
in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the day of
, 1992.
John Bennett, Mayor
4
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ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
, 1992.
day of
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
5
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
THROUGH:
AMY MARGERUM, CITY MANAGER
THROUGH:
ROBERT GISH, DIRECTOR OF PUBLIC WORKS
FROM:
LARRY BALLENGER, DIRECTOR OF WATER
DATE:
FEBRUARY 18, 1992
SUBJECT:
CHALMERS LOT SPLIT, 1001 UTE AVENUE, ASPEN
David Pinholm and Associates, Inc., has forwarded a request for a waiver of the Moratorium
on Water Main Extensions. Pinholm and Associates is making this request for the Chalmers
residence, which is proposed for construction at 1001 Ute Avenue.
Chalmers proposes to extend an 8" water main approximately 200 feet from the water main in
Ute Avenue to terminate at a fire hydrant to be located adjacent to the Chalmers building
envelope. The proposed water main extension is to serve the Chalmer's residence with potable
and fire protection water.
Pursuant to the waiver of the Moratorium, the Water Department is requesting an easement to
be dedicated for the future installation of a connector line to the Aspen Alps' 8" Water System.
This interconnect will effectively provide a loop system for this mainline, as well as a secondary
feed to the Alps' System.
The Water Department has no reservations about waiving the Moratorium as it relates to this
installation.
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MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
THROUGH:
AMY MARGERUM, CITY MANAGER
THROUGH:
ROBERT GISH, DIRECTOR OF PUBLIC WORKS
FROM:
LARRY BALLENGER, DIRECTOR OF WATER
DATE:
FEBRUARY 18, 1992
SUBJECT:
CHALMERS WT SPLIT, 1001 UTE AVENUE, ASPEN
David Finholm and Associates, Inc., has forwarded a request for a waiver of the Moratorium
on Water Main Extensions. Finholm and Associates is making this request for the Chalmers
residence, which is proposed for construction at 1001 Ute Avenue.
Chalmers proposes to extend an 8" water main approximately 200 feet from the water main in
Ute Avenue to terminate at a fire hydrant to be located adjacent to the Chalmers building
envelope. The proposed water main extension is to serve the Chalmer's residence with potable
and fire protection water.
Pursuant to the waiver of the Moratorium, the Water Department is requesting an easement to
be dedicated for the future installation of a connector line to the Aspen Alps' 8" Water System.
This interconnect will effectively provide a loop system for this mainline, as well as a secondary
feed to the Alps' System.
The Water Department has no reservations about waiving the Moratorium as it relates to this
installation.
LB:ll
chalmers.cc
,..,....,
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Development Review Committee Meeting
2/6/92
Chalmers Lot Split, Revisions to 1989 8040 Greenline Review
in attendance: Bob Francis, David and Nicki Finholm, Judy McKenzie
(Water), Rob Thomson (Engineering), George Robinson (Parks), Kim
Johnson (Planning)
Engineering:
Rob will continue looking at previous approval regarding
rockfall information. A letter from Mr. Lampiris updating
information may be requested.
Historic drainage amounts/patterns must be maintained. Cales
from the project engineer will be required.
The drywell will be used for both the residential lot and the
revised tennis courts. It must be designed for maintenance.
A joint agreement is suggested since it serves both lots.
The driveway regulations allow a 18' maximum curbcut. since
this access is also a required emergency access, it may need
to be wider. Check with the Fire Marshal to determine if
other mitigation techniques (sprinklered house, etc.) will
allow a reduction in access width. If necessary, the
applicant shall request a driveway width variance in writing
to the city Engineer.
Slope density information is not required for a single family
development.
Access to the tennis court lot shall be identified as either
an easement across the residential lot or by adequate frontage
on ute Ave.
The proposed easements for Spar Gulch drainage, nordic trail,
and water loop to Aspen Chance must be noted on plat,
including the legal descriptions.
Water:
In order to provide service, the applicant must be granted a
waiver to the water main extension moratorium by City Council.
This can happen concurrently with Council's review of the lot
split. The applicant should submit a letter (as soon as
possible) to Water Superintendent Larry Ballenger requesting
the waiver.
Parks:
The concept of grading and landscaping the area of Ajax
adjacent to the proposed driveway is acceptable.
applicant must identify any existing trees affected in
area.
Work closely with Parks staff regarding required tree permits
for the entire site and the grading work in Ajax Park. A note
on the plat must state this requirement.
Park
The
this
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Planning:
The tennis court lot will be "sterilized" for development
until 2083 A.D., the date of the expiration of the existing
Gant lease. This is a condition of the original 8040
Greenline approval. Unless the applicant goes back to the
Planning and Zoning commission to seek to lift this condition,
it shall stand. This also applies to the other conditions of
the 1989 approval, resolution #89-15.
This summary has been sent to all attendees.
is
FIB , 4 1992
January 28, 1992
~fi[Cj~mwm n
n~~_~ 3 0 1992 U
ENVIRONMENTAL HEALTH
ASPEN/PITI<IN
Ms Lee Cassins
Environmental Health
130 South-Galena
Aspen, CO 81611
Department
RE: Chalmers Residence, Lot Split Application
Dear Lee,
The other day we held a brief conversation outside your
office regarding some language in Resolution 89-15 for
the 1001 ute Avenue 8040 Greenline and Conditional Use
resolution.
Item #7 of that resolution says that the proposed
residence -shall-not'contain wood burning devices as -----
represented in their application. Gas fireplaces and/or
certified gas appliances however, may be installed. At
that time I asked for a clarification that would read to
mean gas fireplaces in that instance would be the same
or should read the same as gas log fireplaces since the
next certified gas appliance is the device.
I would like to be able to use the gas logs in this
residence. I believe the resolution was written when it
was allowable still in that area of the city to have a
~ dirty burning log fireplace. ,
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D A V I D
FINHOLM
AND
ASSOCIATES
INC.
ARCHITECTURE
AND
,L AND
PLANNING
A, 1. A,
PO BOX 2839 ASPEN COLORADO 81612 303'925'5713 FACSIMILE 303'920'4471
January 28, 1992
Page 2.
As you agreed with me that the gas fireplace language
was the same as gas log fireplaces; would you please
initial this letter (at Item #7) so that Kim Johnson and
her planning staff will feel confident in what we all
mean in this particular instance.
I have enclosed a two copies of the Resolution for your
use. Please initial and return one copy to me.
Thank you very much.
Sincerely,
~
David Finholm
Architect
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Silvia Davis, ,u..l,c '(ec $10 '75 Bf." 656 PG 65"'-
Pith Snty Clerk.,' 00'<:"
$125.00
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Doc fee $125.00
.
ATTACHMENT 2, #3
GENERAL WARRANTY DEED
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1001 UTE AVENUE PARTNERSHIP, whose address is c/o Neiley
& Alder, 201 North Mill Street, Suite 102, Aspen, Colorado 81611,
for Ten Dollars ($lO.OO) and other good and valuable consideration,
in hand paid, hereby sells and conveys to BAYOIL (USA), INC., whose
address is 1 Canterbury Green, Stamford, Connecticut 0690l, the
following real property in the County of pitkin and State of
Colorado, to-wit:
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The lOOl LODE MINING CLAIM, as more
fully described on Exhibit "A" at-
tached hereto and incorporated here-
in by this reference,
with a street address of: 1001 Ute Avenue, Aspen, Colorado 81611,
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with all its appurtenances and WARRANTS the title to the same,
SUBJECT TO: taxes not yet due and payable for the year of closing~
~ any tax, special assessment, charge or lien imposed for water or
~ sewer service, or for any other special taxing district~ right of
If) the proprietor of a vein or lode to extract and remove his ore
o therefrom, should the same be found to penetrate or intersect the
Q Z premises hereby granted, as reserved in United States Patent
H~ recorded May l, 1884 in Book 11 at Page 97 and August 26, 1949 in
~ . Book 175 at Page 299~ easement and right of way for access purposes
~ ~ as granted by Harvey Baldwin to the Gant Condominium Association by
~_instrument recorded June 15, 1983 in Book 447 at Page 100~ easement
.rand right of way for Ute Street insofar as the same may affect the
~ subject property~ terms, agreements, provisions, conditions and
E-< obligations as contained in Agreement between Smuggler-Durant
~ Mining Company and Destination Resorts - Aspen, Ltd., recorded
October 30, 1979 in Book 378 at Page 419 and amended by instrument
recorded June l5, 1983 in Book 447 at Page 90 (Assignment of Lease-
hold Interest recorded June l5, 1983 in Book 447 at Page 90)~ the
effect of that certain "Dependent Resurvey and Survey" of Township
lO South, Range 84 West of the 6th P.M. approved by the Bureau of
Land Management on February 14, 1980, but only insofar as it
relates to that portion of Line 2-3 of the "1001" Lode Mining Claim
(U.S. Minerals Survey No. 1741) abutting Government Lot 45 and any
other adjacent public lands; encroachment of approximately 2.00
feet by Lots 1 and 3 of Hoag Subdivision onto a Southeasterly
portion of subject property, as evidenced by Survey No. 19029 of
Aspen Survey Engineers, Inc. revised November 15, 1990~ and
easements and rights of way for a "Nordic Trail" as evidenced by
Survey No. 19029 of Aspen Survey Engineers, Inc. revised November
15, 1990. '
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SIGNED this ./L)ft7day of September, 1991.
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STATE OF COLORADO
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COUNTY OF PITKIN
The foregoing General Warranty Deed was ackno~ledged. p.nd, _
sig~~d Q1!fofe me this .Lf2!:!:: day of September, 1991, by [;c)){J.rr.! y, (le.//"-')JJ ,-,/15
'n'~~""--I1rl -.ll.rl-e,-ferftl/)(!n!fl( on behalf of lOOl UTE AVENUE PARTNERSHIP.
'(, "'ElitE '. )
" ~..~:,:.,.~w,~.:.:..IW. ,IJ'NESS my hand and offi~~a ~eal.
/ ~..,~;' AIU:;;':l:tl\commission expires: 4;1 ()-, ,,/
. :'.~.~." $ ,,+,\) t
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f nr c,o 1 400884 ATC
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CoverIng the land In 'Iha Slale of Colorado, County of Pllkln
Oeso' Ibed "as 1
PN1CEl Al
A podlon of the IDOl lode Mining ClaIm <United states MInerai
Survey 11741) sltlB'ted In Sedlon 18, TownshIp 10 South, Range 84
l'Ies1' of the 6th P.M., more parilcularly described as followsl
BEGINNING at Corner 110. 3 of the 1001 lode, MS 1741 whence an
Iron pos1' wIth brass cap affixed for Corner 110. I of Aspen
TownsIte Bears North 66011 '3D" '~est 132.60 feet I
thence South 47007'00" l'Iest 1000.00 feet along the Soulheasterly
line of sold 1001 lode to a polnt,
thence North 45010'00" Wesl 3UO.OU feet along the 1I0r'lheas1'erly
line of that I and deso'lbed In !.look 390 01 Page 897 of the Clerk
end Recorders 01 I Ice 01 "llkln COUlrly, Colorado, to a point on
the 1I0rthwesterly Ilno 01 sold 1001 lode,
thence North 470U7'UO" Easl 960.65 leer along the Northweslerly
line of saId 1001 lode to e point on the Southweslerly line of
t he Ute Addl t Ion to 1 he CII y of Aspenl
thence along said Southweslerly line of 'Ihe Ule Addition SOUlll
39057'22" East 178.31 leello saId Cornel' No.1 Aspen Townslte,
1hence North 28028'OU" Easl 49.54 feel along the Soulheasterly
line of lot 1 Ute Addl1lon 10 1he City of Aspen sold line also
being between Corner No.1 and 2 of the Aspen Townsite boundary,
to e poInt on 'Ihe tlorfheaslerly "ne of saId IDOl loda Clalml
thence South 45010'00" Eos1' 137.64 feet along ihe Ilortheasterl y
line of said 1001 lode to Corner No.3 to ihe polnl of
BeginnIng.
PMCEl BI
A hoct of land situated In the SEI/4Il\'11/4 of Section 18,
Township 10 South, Range 04 tlest of the 6'1/. P.M, being more
particularly dascrlbed as fol lows,
BEGIIlNlNG at Corner 110.3 of the 1001 lode M.S. 1741, whence
Corner No.1 of Aspen TownsIte bears Nodh 66011'30" West 132.50
feet I
thance North 47"07'00" East 2.2U feet along the Norlhwesterly
line of lot 1, Iloag Subdivision to a point on the Southerly
Right-of-Way of Ute Avenuel
thence North 33048'30" West 149.99 feet along said RIght-of-Way
to a point on line 1-2 of sold Aspen Townsltel
thence South 28028'00" West 33.08 feet along said line 1-2 to a point
on line 3-4 'of ,~aid 1001 lode;'
thence South 45010'00" East 137.64 feet along said line 3-4 to the point
"of Beginning.
~336473 09/13/91 16'1~ R
8'1 ' . ~ ec $10 ~5 Sf'
1 Vla Davis, Pitkin Cnty .~,
Clerk, Doc
656 PG 656
$125.00
I
COUNTY OF PITKIN )
The foregoing General Warranty Deed was ackno~ledged, pnd, _
si91'J~d l:iJlfofe mET this .Lfi!!:: day of September, 19 9l, by fic)'iClrJ Y /lel/tj J ,,/15
,ef'''--If(1- ""'" h?Jerltl/){J'Nflf on behalf of 1001 UTE AVENUE PARTNERSHIP. J
" C, HE!." I
.. ~../.:~.;;r~~~~~~I.,!.NESS my hand and OffiCf.a~ea1. )
:' ~... '\)1M~~:l:1:y"commission expires I 4/1 "(f., ,
- ;il.~....~.~~li!,). :," -V ,
~',~- .-'., '~'\J : 0 j . ;d.~ L -/..
~ ". Pll B'J" ... ~ ; Notary Pul>lie
, tl'. ". ,,' 'I' " c"
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f or c,Q 1 400884 ATe
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JAH 2 I 199',
J~nuary 17, 1992
1tim Johnson
ASpen I Pitkin County Planning Office
130 Sou~h Galena Street
Asptm, CO 81611
tu:: l'ermillsion to represent
Pear Hs Johnaon,
The undereigned liB the owner of the 1001 Lode Mining
Claim do hereby authorize Oavid Finho~ & Associates to
represent me in the pending land use application in
connection with II Bingle family residence to be
conetructed on that Bite.
Thank you very mUch.
Sincerely,
(\ I
~~Qj
David Chalmers I
E!AYOIL, (U,S.A.), Inc.
One Canterbury Green
St~ord, CT 06901
(203) 359-6400
o A 'I I 0 FIN H 0 L MAN 0 ASS 0 C I ATE SIN C.
ARCHITECTUAE AND LAND PLANNING A,I.A.
PO BCX ~838 ASPEN COLORAOO 81812 303.926.5713 FACSIMilE 303.920.4471
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Insurance @rporlttion
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'TACHMENT 2, 112
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
EXHIBIT "A"-,
LEGAL DESCRIPl'ION
"_ ".r!-.:
A portion of the 1001 LODE MINING CLAIM USMS #1741 situated in Section 18. TcNnship 10
South. Range 84 West of the Sixth Principal Meridian more particularly described as
follows:
BEGINNING at Corner No. 3 of the 1001 Lode. MS 1741 whence an iron post with brass cap
affjxed for Corner No. 1 of Aspen TcNnsite !!ears North 66011'30" West 132.60 feet;
thence South 47007'00" WIIst 1000.00 feet along the Southeasterly line of said 1001
Lode to a point;
thence North 45010'00" West 300.00 feet along the Northeasterly Bne of that land
described in BoaIc 390 at Page 897 of the Clerk and Recorders Office ot Pitkin County.
Colorado to a point on the Northwesterly line ot said 1001 Lode: '
thence North 47007'00" East 968.65 feet along the Nortboiesterly line of said 1001 Lode
to a point on the SoutiHlsterly line ot the Ute Addition to the City of Aspen;
thence along said Southltesterly line of the Ute Addition South 390 57'22" East 178.31
feet to said Corner No. 1 Aspen TcI<nIi te;
thence North 28028'00" East 49.54 feet along the South!! lady line of Lot 1 Ute
Addition to the City of Aspen said line also being between Corner No. 1 and 2 of the
Aspen TCNIB1te boundary, to a point on the Northeasterly line of said 1001 Lode Clajm
South 45 10'00" East 137.64 feet along the Northeasterly line of said 1001 Lode to
Corner No. 3 to the point of BeqjmUng.
AND also a Tract of Land situated in the SE 1/4 NW 1/4 of Sectien 18,
Township 10 South, Range 84 West of the Sixth Principal Meridian. Pitkin County,
Colorado being more particularly described as folla.m:
BmINNIN3 at Corner No.3 of the 1001 Lode M.S. 1741, whence Comer No. 1 of Aspen
Toomsi te bears North 66 oU' 30" WeIJt 132.50 feet:
thence North 47007'00" East 2.20 feet along the Nortboiesterly line of Lot 1, Hoaq
Subdivision to a point on the Southerly Right-Of-way of Ute Avenue:
thence North 330"'30" West 149.99 feet along said Right-Of-way to a point en Line 1-2
of said Aspen Taclsite;
thence South 28028'00" West 33.08 feet along said Line 1-2 to a point on Line 3-4 of
said 1001 Lode:
thence South 45010'00" East 137.64 feet along said Line 3-4 to the point of Beqinninq.
COON'l"l OF PITKIN, STATE OF COLORAIXl
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Insurance @rporation
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
SCHEOOLE ~
CASE NtlMBER
FCT-2472
DATE OF POLICY
01/27/89 @ 4:44 P.M.
POLICY NtlMBER
85-o1~7689
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE roI.LCWING:
1. Rights or cla1ml!l of parties in P<-06! ssion not shewn by the public records.
2. ll',,~ts. or claims of easements. net shewn by the public IecotJ&.
3. Di~~~,..IlCies. conflicts in I:x:lundary lines. shortage in area. encroachments. and any
facts tlhich a correct SlJrVf!!'{ and jnspection of the premises I'I:lIl.ld disclose and tlhich
are not shewn by the public records.
4. Mfy lien. or right to a lien. for services. labor. or material heretofore or hereto-
after furnished. i"q:""...-i by 1_ and not shewn by the public I'eCOI'ds.
5. Unpatented miniIlq clams. reservations or exceptions in patents or in Acts authoriz-
ing the issuance thereof; water rights. clajms or title to water.
6. Taxes for the year 1989 not yet due or payable.
7. Reservations and exceptions as contained in United States Patents ...........-Jed May 1.
1884 in Book 11 at Page 97 and August 29. 1949 in Book 175 at Page 299.
8. A portion of the 1001 Lode Mining Claim. U.S.M.S. #1741 conveyed to SlmJggler-D.lrant
Mining Corporation by Deed recorded in Book 390 at Page 896 and described as
follcMs:
BEGINNnlG at Corner No. 1 of said Claim whence the U.S.L.M. "Ute
No.4" bears North 32 18'54" East 2928.3 feet;
thence South 45010' East 300.00 feet;
thence North 47007' East 500.00 feet;
thence North 45010' West 300.00 feet;
thence South 47007' West 500.00 feet to the point of Beqmrunq.
9. Estate created by Ay...=w=.t I=-->~~ October 30. 1979 in Book 378 at Page 419
between Destmation Resorts-Aspen, Ltd.. and Sllluwler-Durant Mining C. ...(-..y;
AssignDlll!rl.t of lH5ID;)ld Interest recoz\Jed JIme 14. 1983 in Book 447 at Page 88 frail
Destination Re!Iorts-Aspen. Ltd.. and the Gant Cor,y.",i,.,illlD Association. Inc.. and
AbdIJwei.t to A"..~,t I=-v.>-Jed .June 15. 1983 in Eook 447 at Page 90.
10. Mfy Cllerlap or encroac:I'mImt of the Aspen Townsite or Ute Addition thereto or arry
improvements located thereon.
11. Access ll'",_ _.\t AgIeement recorded .June 15. 1983 in Book 447 at Page 100 between
Harley BaldKin and the Gant Ccn:lcminilllD Association. Inc.
12. Right-Of-way for Ute Avenue.
191(....1..11...1..11_..1_..1_..1..11..11..11...1...1...1..II_.'I__II_.'I_.II_.II_.'I__lt_..f_.'I_.'~_'I..II_.11_.'1__11._11.
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Insurance @rporation
\
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NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
Deed of Trust fran : 1001 UTE AVENUE PARTNERSHIP, A CXlLORADO GENERAL PARmERSHIP
to the Public Trustee of Pit1dn County
for the use of CENTRAL BANK OF ASPEN. N.A.. IT'S,SlJCCESSORS AND/OR ASSIGNS
to secure $700,000.00
dated JANUARY 27, 1989
recorded JANUARY 27. 1989 IN EOOK 584 AT PAGE 696
rec.c~lian IlC. 308297
J:&;U'uONS NUMBERED NONE ARE HEREBY (]ouUl:JJ.
-.".11.."_.'1._11..'1._11..'1._11._11._11._11..'1._'1_.II_.'I_.'I_.'I_.~I_.II_.'I_.II_.II_.'I_.'I_.'I_.II_.'[..'(...1._11._11_
...t 100 Litho in U.S.A.
J...... G-l()(}..()().4112
lAND USE APPLICATION FORM
"
ESIDENCE
PrOject LocatiarilOOI UTE AVENUE, BETWEEN ASPEN CHANCE SUBDIVISION AND THE
HOAG SUBDIVISION ON THE SOUTH SIDE OF UTE AVENUE
(in:licate street a&kess, lot & block: nmber, legal. description "Where
awropriate)
3) Present Zalin.J R-15/PUD
4) Lot size 6.73 ACRES OR APPX,
293,160 SQ. FT. OF LAND
5) 1\J;plicant's Name, 1\d:lress & !bone i DAVID CHALMERS
cIa BAYOu. mE CANlERBuRY GREEN STAMFORD. cr 06901 (203) 359-<i400
6) Representative's Name, l\ddress & !bone i DAVID FINHOLM [, ASSOCIATES
P.O. BOX 2839 ASPEN.CO 81612
(03) 925-5713
7) Type of 1\J;plicaticn (please dlec:k all that aw!Y):
.~ ,.
Carxlitianal Use
_ 0:n:::epbJa1 Historic Dev.
Final. Historic Dev.
Himr B.istaric Dev.
_ Can:::epblal SPA
Final SPA
~ ~i"l Review
.JL.- 8040 Greenline Exempt~ Can:::epblal IUD,
_ stream Margin , Final IUD
_ Historic Ilerocllition
Historic Des1 tion
- gna
I-h1ntain view Plane SUbdivision
.
O:xrlcmini,nni 7.aticn _ TextjMap l\m2n:mlent
QQ:l Allul..wt:..tL
.JL.- Lot Split,lIot Lim
1\djustment
8) D2s=iption of 'Ex:i..st:in:J. Uses (J'1I1rrheor am t;ype of exist:iIg sb::ucb.Ires;
awraximate sq. ft.; ]'1Imi-lPr of Uili..........; any pr:eviaJs 'awrovaIs granted to the
prqJerty) .
_ QQ:l Exenpt:ion
SEE EXISTING CONDITIONS,MAP ENCLOSED
9) Description of Devel<..pI'''.IlL 1q:plication
LOT SPLIT "SUBDIVISION EXEMPTION"
8040 GREENLINE EXEMPTION
10) Have you attached the follCMing?
~ Response to Attachment 2, Mininum Snhni=ion Ca1tents
~ Response to Attachment 3, Specific Snhni=ion Ca1tents
~ Response to Attadmart: 4, Review starrlards for Your Afplication
~
JAN I 7 1992
f:>.s
January 17, 1992
Kim Johnson
Aspen / pitkin County Planning Office
130 South Galena Street
Aspen, CO 81611
RE: 1001 / Chalmers Residence
Resolution 89-15
Dear Kim,
Enclosed for the Planning Office's review are three (3)
copies of this application and a check in the amount of
$1002.00 for payment of the application fee.
I would like to take this opportunity at the start to
personally thank you for all the assistance in preparing
this application; you were very helpful. Please call me if
you need additional information to keep this application
moving on a timely schedule.
This letter should clarify any items not covered in the lot
split application and answer questions discussed regarding
the Planning Department administrative sign off for
revisions of the existing 8040 Greenline approval of the
single family home regarding Resolution 89-15.
D A V I D FIN H 0 L MAN D ASS 0 C I ATE SIN C.
ARCHITECTURE AND LAND PLANNING
A, I. A,
PO BOX 2839 ASPEN COLORADO 81612 303.925.5713 FACSIMILE 303.920.4471
"-I
,
iii
January 17, 1992
Page 2.
BRIEF HISTORY:
(1) The first proposal was for two homes located above
the existing tennis courts with access road to the 8024
level with a proposed a turn-around. This proposal was
rejected by adjacent property owners in the Aspen Chance
subdivision because of car lights interrupting privacy and
did not proceed further. This was presented by the Aspen
Design Group.
(2) The single family residence was then proposed. The
entry was below grade and the garage underground. This
proposal was approved with 8040 Greenline, Conditional Use,
GMQS Exemption, as evidenced by Resolution 89-15 signed by
Planning and zoning. This was presented by Vann Associates
and David Finholm & Associates in September 1989.
(3) For cost considerations and a declining real estate
market, the two house proposal was submitted again. At this
time the auto turn-around and access was below the 8020 line
at approximately 8010 and car lights affecting the Aspen
Chance homeowners were mitigated by this lower level auto
access. This was presented by Glen Horn, Rick Neiley, and
David Finholm & Associates. In January 1991 the lot was
subdivided to legitimize the third lot (tennis court) and
went to City Council for lot split and subdivision. The
ordinance was approved but plats were not filed.
(4) Mr. Chalmers purchased the parcel in September 1991.
He wants to construct the single family residence with minor
architectural changes to the approved single building scheme
as recommended by Resolution 89-15 which has expired.
RATIONAL:
(1) We request the reinstatement of Resolution 89-15;
the conditions of which we will use to construct the new
residence. Item #7 to be clarified to mean "Gas fireplaces
and/or certified gas appliances..." is the same as "Gas log
fireplaces and/or certified gas appliances...".
Letter from Environmental Health to follow.
January 17, 1992
Page 3.
(2) We will provide a plat which will satisfy the
information requested by Engineering in their memo
Attachment B dated January 3 1991, RE: 1001 Ute Avenue
Subdivision, Exemption for a lot split, Consolidated PUD,
8040 Greenline Review, Conditional Use Review, and GMQS
Exemption, which includes the re-platting of the tennis
court property to provide clean access from ute Avenue. See
proposed plat drawing.
(3) The land use code allows administrative
modifications to the 8040 Greenline in section 7-503.:
B. Exemption. The expansion, remodeling or
reconstruction of an existing development shall be exempt
from 80040 greenline review if the following standards
are met:
1. The development does not add more than ten (10)
percent to the floor area of the existing structure
or increase the total amount of square footage of
areas of the structure which are exempt from floor
area calculations by more than twenty-five (25)
percent; and
2. The development does not require the removal of
any tree for which a permit would be required
pursuant to section 13-76 or the applicant receives a
permit pursuant to said section; and
3. The development is located such that it is not
affected by any geologic hazard and will not result
in increased erosion and sedimentation.
We qualify on all three items. Please refer to the
accompanying architectural site plan "Grading, Drainage,
utility Plan", architectural elevation drawings and the
following qualifying comments:
REF #1. The building footprint has been reduced rather
than increased in size. See the "Grading, Drainage, &
utility Plan" that indicates both buildings; the
Chalmers residence is smaller.
January 17, 1992
Page 4.
REF #2. All tree
Resolution 89-15.
cause the removal
removal has been addressed in
The reduction of house size does
of any additional trees.
not
REF #3. All geologic hazard has been addressed in
Resolution 89-15.
Site Plan Notes:
1. We acknowledge that the Ute Avenue Improvement
District will take eight (8) feet more for parking and
we will compensate our site plan when specific details
are available.
2. In all site improvement plans to date, certain
representations have been made in the grading to blend
the east portion of our site into the Hoag City Park with
appropriate re-landscaping. We will work with the Parks
Department to coordinate this.
3. The entrance to the underground parking is shown
outside the building envelope line and has been approved
in discussion with Kim Johnson.
4. Water from the Durant mine has been re-installed to
Mrs. Edwards.
5. Note architectural foot print is smaller than
originally approved and that the east face of the
building is squared off and not faceted.
6. Note tennis court final location has been moved to
the west approximately twenty (20) feet from location
approved at the time of signing Resolution 89-15.
7. Note addition of two (2) parking spaces at the top of
the drive.
January 17, 1992
Page 5.
(4) The prior single family application received approval
as did the lot split application. This application is
only slightly modified from the original single family
application and should also receive approval.
Please let us know if we can be of further assistance or if
required to provide additional information to expedite
matters.
Thanks again for all your help.
Sincerely,
,
David Finholm
INDEX TO DRAWINGS
1. EXISTING CONDITIONS
2. SITE DEVELOPMENT AND LANDSCAPE PLAN
(Final Landscape Plan to be submitted soon)
3. GRADING, DRAINAGE, AND UTILITY PLAN
4. EXISTING SLOPE ANALYSIS
5. NEW NORTH ELEVATION I CHALMERS RESIDENCE
6. NEW SOUTH ELEVATION I CHALMERS RESIDENCE
7. NEW EAST AND WEST ELEVATION I CHALMERS RESIDENCE
8. PREVIOUSLY APPROVED NORTH ELEVATION - WEST END
Resolution 89-15
9. PREVIOUSLY APPROVED NORTH ELEVATION - EAST END
Resolution 89-15
10. 1001 UTE AVENUE PLAT MAP PREPARED FOR TWO LOT SPLIT
SHEET 1 OF 3
11. 1001 UTE AVENUE PLAT SHEET
SHEET 2 OF 3
12. 1001 UTE AVENUE PLAT I TOPO MAP
SHEET 3 OF 3
13. PROTOTYPE CONCEPT PLAT FOR CHALMERS RESIDENCE
RESPONSE TO ATTACHMENT # 2
#1. See' Permission to Represent'" letter.
#2. See "Lawyers Title Exhibit "A" Legal
Description' .
#3. See 'General Warranty Deed'.
#4. See 'Vacinity Map'.
#5. See our letter regarding Resolution 89-15 to Kim
Johnson dated January 17, 1992.
RESPONSE TO ATTACHMENT #3
See prototype plat map and information included in
package. Please note that this plat map was the map
prepared for the three lot subdivision, Reference Sheet 2 of
Aspen Survey Engineers and that David Finholm and Associates
marked up the Prototype plat which includes the re-vamping
of access to the tennis court lease site as requested
previously by engineering.
.
ATTACHMENT 2, I'
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
January 26, 1992
David Finholm
David Finholm & Associates
P. O. Box 2839
Aspen, CO 81611
Re: Chalmers Lot Split
Case A5-92
Dear David,
The Planning Office has completed its preliminary review of the
captioned application. We have determined that this application
is complete. As referred to in your letter of application please
submit a letter from the Environmental Health Department within
five days regarding condition #7 of Resolution 89-15.
We have scheduled this application for 1st Reading before the Aspen
City Council on Monday, February 24, 1992 at a meeting to begin at
5:00 p.m. Second Reading and Public Hearing will be on March 23,
1992. Should these dates be inconvenient for you please contact
me within 3 working days of the date of this letter. After that
the agenda dates will be considered final and changes to the
schedule or tabling of the application will only be allowed for
unavoidable technical problems. The Friday before the meeting
dates, we will call to inform you that a copy of the memo
pertaining to the application is available at the Planning Office.
Please note that it is your responsibility to mail notice to
property owners within 300' and to post the subject property with
a sign prior to the public hearing on March 23, 1992. Please
submit a photograph of the posted sign as proof of posting and an
affidavit as proof of mailing prior to the public hearing.
All applications are now being scheduled for the Development Review
Committee (DRC). The DRC is a committee of referral agencies which
meet with Planning and the applicant early in the process to
discuss the application. This case is scheduled for February 6,
1992 at 3:00 p.m., city Hall, City Council Chambers.
If you have any questions, please call Kim Johnson the planner
assigned to your case.
Sincerely,
Debbie Skehan,
Office Manager
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MEMORANDUM
TO:
city Engineer
Parks Department
FROM:
Kim Johnson, Planning
RE:
Chalmers Lot Split (FKA 1001 ute Avenue)
DATE:
January 26, 1992
-----------------------------------------------------------------
-----------------------------------------------------------------
Attached for your review and comments is an application submitted
by Bayoil, Inc. requesting approval of a Lot Split and Exemption
from 8040 Greenline Review.
Please return your comments to me no later than February 10, 1992.
Thanks.
~
d--/b(9~
. ---- -
--
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 920,5090
LAND USE APPLICATION FEES
City
00113
-63250,134
,63270,136
-63280,137
,63300,139
,63310,140
-63320,141
00125
00123
00115
REFERRAL FEES:
,63340,205
,63340,190
,63340,163
County
00113
-63160,126
,63170,127
,63180-128
,63190,129
-63200,130
,63210,131
-63220,132
-63230,133
-63450,146
REFERRAL FEES:
00125 ,63340,205
00123 ,63340,190
00113 ,63360,143
PLANNING OFFICE SALES
00113 -63080,122
-63090,123
-63140,124
,69000,145
GMP/CONCEPTUAl
GMP/FINAl
SUB/CONCEPTUAL
SUB/FINAL
All 2,STEP APPLICATIONS
All I,STEP APPLICATIONS!
CONSENT AGENDA ITEMS
ENVIRONMENTAL HEALTH
HOUSI NG
ENGINEERING
SUBTOTAL
t
,
GMP/GENERAl
GMP/DET AilED
GMP/FINAl
SUB/GENERAL
SUB/DETAilED
SUB/FINAL
All2,STEP APPLICATIONS
All1,STEP APPLICATIONS
CONSENT AGENDA ITEMS
BOARD OF ADJUSTMENT
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
CITY/COUNTY CODE
COMP, PLAN
COpy FEES
OTHER
~;,,~ !"'\r,
01(, CJ(')
<\'"-l. rn;:> ,;;r-,)
j.
SUBTOTAL
TOTAL $\00;;> ,or)
Name:~,:d.
Addless: \ \ IL
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Phone:
Project:
<::., - "''I 1 2.,
Check .
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Copies received:
-...
Date:
#otHours:
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