HomeMy WebLinkAboutcoa.lu.ec.Madsen Lot Q,R,S Block 26
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CASELOAD SUMMARY SHEET
City of Aspen
Staff:
.;2.- 81
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No.
PROJECT NAME: CUK;'{(),J -/.J.fJDSEtJ
APPLICANT: -L onN~ Cur-1-~
REPRESENTATIVE: .ft~ l:i..--Ima./>^-
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JJJT i--I} G f:DJusim GII)!
Phone:
Phone: q.;>.::,- - !;It. (6
TYPE OF APPLICATION:
I. GMP/SUBDIVISION/PUD (4 step)
(Fee)
1. Conceptual Submission
2. Preliminary Plat
($1,840)
($1,120)
($ 560)
3. Final Plat
II. SUBDIVISION/PUO (4 step)
1. Conceptual Submission
($1,290)
($ 830)
($ 560)
2. Preliminary Plat
3. Final Plat
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III.EXCEPTION/EXEMPTION/REZONING (2 step) ($1,010)
IV. SPECIAL REVIEW (1 step). r . ~
1. Special Review C ."-, Lc,,--:,\\(.'u \3
2. Use Determination
3. Conditional Use
REFERRALS:
Date Referred:
'/Attorney
V Engineering Dept.
Sanitation District
School District
Mounta; n Be 11
Rocky Mtn. Nat.Gas
State Hgwy. Dept.
Housing
Pa rks
Water
Holy Cross Electric
Fire Chief
City Electric
Fire Marshall/Building Dept.
Other
FINAL ROUTING:
~ttorney
~~ilding .
Date Routed:
~;ineer;ng
Other
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DISPOSITION: /!'
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CITY P&Z REVIEW: ~ 3 201'111
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ASPEN WATER DEPART}ffiNT
MEMORANDUM
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Attached is a copy of my previous memo of July 6, 1979 concerning availabil-
ity of water service to this property. It is our understanding, as a result
of recent inquiries and review of the application, that Parcels A and B will
be turned 900 so that what was once an east-west lot alignment will now be-
come a north-south alignment. Our previous memo of 7/6/79 concerned itself
with one service connection supplying both parcels, it being the intent of
the Water Department to maintain the integrity of the transmission mains
supplying Aspen, while at the same time making it possible for the applicant
to obtain water service.
TO:
FROM:
DATE:
RE:
COLETTE PENNE, PLANNING DEPARTMENT
JIM MARKALUNAS
FEBRUARY 14, 1984
HERNDON LOT SPLIT
Since our objective remains the same (the integrity of the transmission
mains), we must insist that any water service to the property be provided
for under the following conditions:
1. Connection will only be allowed to the 16" D. I. P. located
in the accessible portion of Francis Street east of the
bluff line and east of the isolating valves located on
the bluff line.
2. The service line must be capable of being isolated from the
transmission main for maintenance or repair, without it be-
ing necessary to shut down the transmission main. This will
necessitate a special tapping saddle, valve and street box
which must be paid for (as an additional charge) by the
parties making the water tap.
3. Under no circumstances will construction work and/or access
be permitted for such construction work in the City of As-
pen's water line easement on the steep hillside between
contour elevation 7890 and contour elevation 7850, as the
water mains in this vicinity are very shallow and could be
subject to damage, which would be most difficult to repair
in the event of any construction activities in this area.
4. The applicant shall submit to us a plan for our approval,
of the service connection line. Such plan shall include a
plat showing the specific location of the service line as
it relates to established easements and lot lines. Such
plat shall also include all other utility lines in the
vicinity.
Any activity within the bluff slope area which might cause damage to our
water main could seriously impair or disrupt the supply of water to Aspen.
It is for this reason we request stringent controls over access and con-
struction activities within and adjacent to our pipeline easement. The
CCA~\
CHARLES T. BRANDT & ASSOCIATES, P.C. /" ~
ATTORNEYS AT LAW L (-)V(:\I C) ,
CHARLES T, BRANDT
US Bank Building
420 East Main Street, Suite 204
Aspen, Colorado 81611
Telephone 970-925-5196
Fax 970-925-4559
72(;Bi:r:J:!/2L
JEANNE s. WHITE
TRAVIS s. THORNTON
GARRET s. BRANDT
October 23, 1998
Mr, & Mrs, George Madsen
931 W. Francis Street
Aspen, CO 81611'
Re: Update on Parking Agreement
Dear George and Connie:
Enclosed are your copies of the Parking Agreement and recorded instruments to move the
parking easement.
I have started the process to have the parking spaces re-platted on the two plats that cover
the area, There is quite a bit of information to obtain for the application, plus we need to submit
a draft plat showing the new parking spaces, This requires a surveyor to survey the scene and
draft the plat. I have contacted Aspen Surveyors, and they have this on their project list and
should be done soon. Once the application is submitted, it should only take about 4 weeks for
approval.
Once these new plats are recorded, and the parking area is cleared according to the
Agreement, this matter will be closed, If you have any further questions, please call me,
Yours very truly,
~
Garret S, Brandt for
Charles T, Brandt & Associates, p,c.
enclosures
AGREEMENT FOR NEW EASEMENT GRANT
AND RELEASE OF EXISTING EASEMENT
TillS AGREEMENT is entered into this ;2./ day of September, 1998 between
GEORGE W, MADSEN, JR, AND CORNELIA G, MADSEN ("Madsens"), KIM MILLER
KElLIN ("Keilin"), and SHLOMO BEN HAMOO AND PATRICE CONYERS BEN HAMOO
("Ben Hamoos"),
RECITALS
A. Madsens own real property located at 93 I W. Francis Street described as PARCEL I,
of the Second Amendment to the Herndon Subdivision, Pitkin COlmty, Colorado, according to the
Plat thereof recorded in Book 16 at Page 49, of the records in the Office of the Clerk and
Recorder of Pitkin County, Colorado,
B. Keilin owns real property located at 939 W. Francis Street #A, described as UNIT A,
CURTON CONDOMINIUM, according to the Condominium Map thereof recorded in Plat Book
17 at page 59, and as defined and described in the Condominium Declaration for Curton
Condominiums recorded August 12, 1985 in Book 492 at Page 706, of the records in the Office
of the Clerk and Recorder of Pitkin County, Colorado.
C, Ben Hamoos own real property located at 939 W, Francis Street #B, described as
UNIT B, CURTON CONDOMINIUM, according to the Condominium Map thereof recorded in
Plat Book 17 at page 59, and as defined and described in the Condominium Declaration for
Curton Condominiums recorded August 12, 1985 in Book 492 at Page 706, of the records in the
Office of the Clerk and Recorder of Pitkin County, Colorado.
D, Exclusive easements for two (2) parking spaces were granted by George W, Madsen,
Ir. and Cornelia G, Madsen, by quitclaim deed dated October 16, 1984, and recorded at Book 475
at Page 400 in the Office of the Clerk and Recorder of Pitkin County, to benefit and be
appurtenant to UNIT A, CURTON CONDOMINIUMS,
E. A dispute exists over the availability of the westerly parking space, which parking
space is located immediately east of Madsen's house, as shown on the Herndon Subdivision plat,
and Curton Condominium Map.
F. A storage facility for garbage containers, used exclusively by Keilin and Ben
Hamoos, is currently located on the north side of Madsen's property, but no easement has been
granted for its use,
AGREEMENT
NOW, THEREFORE, in consideration of the recitals and the mutual covenants and
promises set forth herein, the Parties do hereby agree to do the following:
I, Grant of Parking Space Easement: Madsens agree to grant an exclusive perpetual
easement for a parking space, on Madsen's property, adjacent to and along the west side of the
most easterly parking space easement owned by KeiIin, to be executed and delivered
simultaneously with this Agreement and the below described release of easement. The easement
shall be a rectangular area measuring 22 feet long by 10 feet wide as set forth in an easement
grant, attached hereto as Exhibit A, to be recorded in the Office Pitkin County Clerk and
Recorder, and as shown on an amendment to the recorded maps of the Herndon Subdivision and
Curton Condominiums to be prepared and executed by the parties to this agreement. Madsens
agree to pay one-half of the survey and platting cost relating to the new parking easement and the
release of the existing westerly parking easement. The survey and platting shall be completed as
soon as practical after this Agreement is signed,
2. Release of Parkimt Easement: KeiIin agrees to execute a release of her interest in the
western most exclusive easement for parking, located on the Madsen's property, as shown on the
Curton Condominium Map recorded in Plat Book 17 at Page 59, as a limited common element for
UNIT A, CURTON CONDOMINIUM, and as shown on the Second Amendment to the Herndon
Subdivision, Pitkin County, Colorado, according to the Plat thereof recorded in Book 16 at Page
49, simultaneously with the execution and delivery of the above described easement grant, and
accepts the easement grant of the new parking space,
3. Use of West Francis Parking Soace: Without foregoing or abandoning Keilin's legal
right to park on the parking easements at any time, KeiIin agrees to park on the City's right-of-
way at the end of West Francis Street, adjacent to and immediately East ofKeilin's parking
easement, whenever possible, to the extent feasible and permitted by the City of Aspen's parking
regulations, if any, and to forego parking in Keilin's westerly most parking easement as much as
possible, to limit the visual impact on the Madsen's property, and allow maximwn use by the
Madsens of their driveway, Madsens and Keilin each agree to pay one-half of the costs of
clearing the City's right-of-way, including both lilac bushes, and preparing the existing easterly
parking space easement and the City of Aspen's right-of-way for parking, The parties agree that
clearing of the parking easement and City right-of-way shall be completed by October IS, 1998,
4. Vacation of Portion of Francis Street: IfMadsens obtain a vacation of the City of
Aspen right-of-way, with legal title vested in Madsens, of the area adjacent to and immediately
east ofKeiIin's parking easement, Madsens agree they will immediately execute a new exclusive
parking easement grant located on the vacated portion of Francis Street and KeiIin agrees to
simultaneously execute a release of easement releasing the westerly parking space easement. In
obtaining a vacation, it shall be the Madsen's sole responsibility to pay all costs, including, but
not limited to, city fees, copy fees, survey fees, platting fees, and legal fees,
5. Use of Parking Soace Easements: KeiIin agrees to park only a single passenger
vehicle on each of the two parking space easement areas or right-of-way area, excluding full-size
vans, and to keep the easements and right-of-way areas free from debris, It is the intent of the
parties that the easement areas shall be used for passenger vehicle parking only, This section is
only binding on Keilin and Madsens, and not their heirs, successors and assigns.
6, Parking ofMotorcvcle: Madsens agree to permit, and KeiIin agrees to use, the
parking of a single motorcycle or motorscooter, on the north side of Madsen's property in the
area adjacent to the garbage storage facility, This section is only binding on KeiIin and Madsens,
and not their heirs, successors and assigns,
7, Garbage Storage FaciIitv: Keilin and Ben Hamoos agree that the garbage storage
facility is located on the Madsen's property and their use is only by Madsen's permission and that
they have no easement or other property right allowing for their continuous use of the garbage
storage facility. Nevertheless, Madsens hereby grant continued permission to KeiIin and Ben
Hamoos for their continued use of the garbage storage facility on the Madsen's property, with the
understanding that such permission may be revoked at any time, Further, KeiIin and Ben
Hamoos agree to keep all garbage and recycle material, including garbage cans and other
2
containers, inside the storage facility and keep the immediate area around the storage facility
clear of garbage and litter, The storage facility shall be maintained and kept in good repair at the
sole expense of Keilin and Ben Hamoos or their successors, heirs and assigns.
8. Entire Agreement: This Agreement constitutes the entire agreement between the
parties and may only be modified or amended by a writing signed by each of the parties hereto or
their successors. The attached and referenced Easement Grant and Release of Easement are not
incorporated in this Agreement for purposes of this paragraph. Each of those documents may be
amended in accordance with their own terms and conditions,
9, Attornev Fees: In the event any action or proceeding is brought by any party for the
enforcement or the attempted enforcement or interpretation of any of the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover
reasonable attorneys' fees, in addition to any other relief to which it may be entitled,
10, Execution: The Parties agree to execute the attached easement grant and release of
easement simultaneously with this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
on the day and year first written above,
~ JJ, ~- 9/JI/ffY
Cornelia G. Madsen Date I
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Shlomo Ben Hamoo
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EASEMENT GRANT
THIS EASEMENT GRANT is executed this .2L day of September, 1998, by
GEORGE W, MADSEN, JR, AND CORNELIA G, MADSEN ("Grantors") to KIM
MILLER KErLIN ("Grantee"),
RECITALS
A. Grantors own real property located at 931 W, Francis Street described
as PARCEL 1, of the Second Amendment to the Herndon Subdivision, Pitkin
County, Colorado, according to the Plat thereof recorded in Book 16 at Page 49,
of the records in the Office of the Clerk and Recorder of Pitkin County,
Colorado,
B. Grantee owns real property located at 939 W, Francis Street #A, described
as UNIT A, CURTON CONDOMINIUM, according to the Condominium Map thereof
recorded in Plat Book 17 at page 59, and as defined and described in the Condominium
Declaration for Curton Condominiums recorded August 12, 1985 in Book 492 at Page
706.
C, Exclusive easements for two (2) parking spaces were granted by Grantors,
by quitclaim deed dated October 16, 1984, and recorded at Book 475 at Page 400 in the
Office of the Clerk and Recorder of Pitkin County, to benefit and be appurtenant to
UNIT A, CURTON CONDOMINIUMS,
D, Grantors and Grantee have agreed that Grantors will grant to Grantee,
located on Grantor's Property, an exclusive easement for parking as more specifically
described below,
NOW, THEREFORE, in consideration of the recitals and the mutual covenants
and promises set forth herein, the receipt and sufficiency of which are hereby
acknowledged, Gr,antors and Grantee, for their heirs, successors and assigns, do hereby
covenant and agree as follows:
1, Easement Grant. Grantors hereby grant unto Grantee, her heirs,
successors and assigns forever, subject to the terms and conditions stated herein, an
exclusive perpetual easement for parking as follows on Grantor's Property (the
"Easement"):
A rectangular area measuring 22 feet long by 10 feet wide adjoining and
along the west side of the existing easterly parking easement as shown
on the Curton Condominium Map recorded in Plat Book 17 at page 59,
such that the northeast corner of the Easement is adjoined to and begins
at the northwest corner of the existing easterly parking space.
2, Improvement. Maintenance and Repair of Easement, Grantee may, at
Grantee's expense, improve the parking surface of the Easement. Grantee shall be
solely responsible for all maintenance and repair of any parking surface constructed
over the Easement,
11111111111111111111I1111111111111111111111111111111111
423113 10/13/1998 03:03P EASEMENT DAVIS SILVI
1 of 3 R 16,00 D 0,00 N 0.01 PITKIN COUNTY CO
3, Easement is Appurtenant, This Easement Grant shall be deemed an
appurtenance to Grantee's real property, as described above, as the dominant tenement,
and for the exclusive benefit of Grantee, her heirs, successors and assigns, and is a
limited common element for UNIT A, CURTON CONDOMINIUM, as defined in the
Condominium Declaration for Curton Condominium recorded August 12, 1985 in Book
492 at Page 706, Pitkin County Clerk and Recorder,
4, Entire Agreement. This Easement Grant constitutes the entire agreement
between the parties and may only be modified or amended by a writing signed by each
of the parties hereto or their successors.
5, Recordation. The parties agree that this document shall be recorded in
the real property records of the Clerk and Recorder of Pitkin County, Colorado,
6, Attornevs' Fees, In the event any action or proceeding is brought by any
party for the enforcement or the attempted enforcement of any of the provisions of this
Easement Grant, the prevailing party in such action or proceeding shall be entitled to
recover its reasonable attorneys' fees, in addition to any other relief to which it may be
entitled,
IN WITNESS WHEREOF, the parties have caused this Easement Grant to be
duly executed on the day and year first written above,
GRANTORS:
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Cornelia G, Madsen
GRANTEE:
/tn-/1(/I/~IrA<- 9bl hF
Kim Miller KeiIin ~
ACCOMADATION PARTIES:
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~I~o Ben Hamoo
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(Notary Acknowledgements appear on the next page,)
111111I11111111111 11111111I11111111111111I1111111111111
423183 10/13/1998 03:03P EASEftENT DAVIS SILVI
2 0' 3 R 18,00 D 0,00 N 0.00 PITkIN COUNTY CO
2
STATE OF COLORADO
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COUNTY OF PITKIN
'lId
This instrument was acknowledged before me this ...1iol-- day of September,
1998, by George W, Madsen, Jr. and Cornelia G, Madsen,
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This instrument was acknowledged before me this Q11Mday of September ..,.... ~<':"~";'-"
1998, by Kim Miller Kei1in, ! "> ,<z ,;.'",.-::~ ,
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Witness my hand and official seal. / J \.~ \. ': .. l1J :' ~;'}
My commiSSIOn expires: / / / 0.3 ;:;) 0(')(')-. '.' ',;- ();::,.--- ..., .,'
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My commission expires: / /4/2cJ(JJ..
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STATE OF COLORADO
COUNTY OF PITKIN
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STATE OF COLORADO
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This instrument was acknowledged before me thi~day of 8~f:t::
COUNTY OF PITKIN
1998, by ShIomo Ben Hamoo and Patrice Conyers Ben Hamoo.
Witness my hand and official seaL 'ssion expires ..,..'..,,'" ,
My commission expires: MY CO~;~Of?noz ,.........."':,',
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423183 10/13/1918 03:03P EASEnENT DAVIS S
3 of 3 R 18.00 D 0.e0 N 0.. PITKIN CGUNTY CO
3
RELEASE OF EASEMENT
THIS RELEASE is executed this..2.L day of September, 1998, by and
between KIM MILLER KElLIN ("KeiIin") and GEORGE W, MADSEN, JR, AND
CORNELIA G, MADSEN ("Madsens"),
RECITALS
A. KeiIin owns real property located at 939 W, Francis Street #A, described as
UNIT A, CURTON CONDOMINIUM, according to the Condominium Map thereof
recorded in Plat Book 17 at page 59, of the records in the Office of the Clerk and
Recorder of Pitkin County, Colorado, and as defined and described in the Condominium
Declaration for Curton Condominiums recorded August 12, 1985 in Book 492 at Page
706, which includes exclusive easements for two parking spaces, as stated below in C,
B, Madsens own real property located at 931 W, Francis Street described as
PARCEL 1, of the Second Amendnlent to the Hern..Ion Subdivision, according to the
Plat thereofrecorded in Book 16 at Page 49, of the records in the Office of the Clerk
and Recorder of Pitkin County, Colorado,
C. Exclusive easements for two (2) parking spaces were granted by Madsens,
by quitclaim deed dated October 16, 1984, and recorded at Book 475 at Page 400 in the
Office of the Clerk and Recorder of Pitkin County, to benefit and be appurtenant to
UNIT A, CURTON CONDOMINIUMS,
D, KeiIin and Madsens have agreed that KeiIin will release to Madsens the
exclusive easement for parking, located on the Madsen's property as more specifically
described below,
NOW, THEREFORE, in consideration of the recitals and the mutual covenants
and promises set forth herein, the receipt and sufficiency of which are hereby
acknowledged, KeiIin and Madsens, for their heirs, successors and assigns, do hereby
covenant and agree as follows:
I, Release, Keilin hereby releases, conveys, and assigns unto Madsens, their
heirs, successors and assigns, all her interest in the western most exclusive easement
for parking, located on the Madsen's property, as shown on the Curton Condominium
Map recorded in Plat Book 17 at Page 59, as a limited common element for UNIT A,
CURTON CONDOMINIUM, and as shown on the Second Amendment to the Herndon
Subdivision, Pitkin County, Colorado, according to the Plat thereof recorded in Book
16 at Page 49,
2, Recordation, The parties agree that this document shall be recorded in the
real property records of the Clerk and Recorder of Pitkin County, Colorado,
IN WITNESS WHEREOF, the parties have caused this Release to be duly
executed on the day and year first written above, "
I?m JId/~~
Kim Miller Keilin '7' 'Z-/ ff if'
111111I1111I111111111I1111I1111111 1111111I11111 11111111
423114 10/13/1991 03:04P RLS EASE DAVIS SILVI
1 0' 2 R 11,00 D 0.e0 N 0,e0 PITKIN COUNTY CO
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Cornelia G, Madsen
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STATE OF COLORADO
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COUNTY OF PITKIN
This instrument was acknowledged before me this
1998, by Kim Miller Keilin.
Witness my hand and seal. ;; ~
My commission expires: ,/ 1<3
,
STATE OF COLORADO {1
{1
COUNTY OF PITKIN {1
This instrument was acknowledged before me this
1998, by George W. Madsen, Ir. and Cornelia G, Madsen,
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STATE OF COLORADO
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COUNTY OF PITKIN {1 dL. /
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This instrument was acknowledged before me this ~ day of S~"td~18.r
1998, by Shlomo Ben Hamoo and Patrice Conyers Ben Hamoo,
11111111111111111111I11111I1111111 1111111111111 111/1111
423184 10/13/1918 03:04P RLS EASE DAVIS SILVI
2 0' 2 R 11.08 D 8.88 N 8.88 PITKIN COUNTY CO
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This Subdivision Agreement is made-=and'" entered
into this I day of ~D~ 1984, by and between the CITY
OF ASPEN, Colorado, ~icipal corporation (hereinafter
referred to as the "City") and DONNA LEE CURTON TRUST and
GEORGE W. ~ffiDSEN, JR., and CORNELIA GALLAHER MADSEN (herein-
after referred to as the "Owners").
SUBDIVISION AGREEMENT
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LOT LINE ADJUSTMENT
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HERNDON SUBDIVISION
R E C I TAL S
1. The Owners have submitted to the City for
approval, execution and recordation an Amendment to the
Final Plat and Development Plan for a tract of land situated
in the City of Aspen, County of Pitkin, State of Colorado,
legally described as Parcels A and 13, Herndon Subdivision,
according to the plat thereof recorded August 15, 1980, in
Plat Book 10 at pages 31 and 32, as Reception No. 226007;
and,
2. The City has fully considered the Amendment
to the Plat, the proposed development and improvement of the
land and the effect of proposed development and improvement
of land included in the Plat and other adjoining or neigh-
boring properties; and,
3. The City has imposed certain conditions and
requirements in connection with approval or execution and
recordation of the plat amendment such matters being neces-
sary to protect, promote and enhance the public welfare;
and,
4. The Owners are willing to acknowledge,
accept, abide by and fai thly perform the condi tiun<i a.nd
requirements imposed by the City in approving the Plat.
WIT N E SSE T H :
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES,
the mutual covenants herein contained, and the approval,
execution and acceptance of the Amended Plat for recordation
by the City, it is mutually agreed as follows:
1. In the event that any municipal improvement
or improvements of any kind contemplated in ~ 20-16 of the
Municipal Code of the City of Aspen as amended, become, in
the judgment and discretion of the City Council of the City
of Aspen necessary or desiraole to the area of the above
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BOOK
4:71 PAGE 278
described property, Owners will make no unreasonable ob-
jections to any special assessments or special tax for
proceedings therefor on the basis that the property is
adequately served by existing improvements and/or on the
basis that the premises will not be served or benefited by
the improvements or improvements proposed. Owner further
agrees to join upon the demand therefor by the City any
special improvement districts, urban renewal districts or
downtown development district formed for construction of
such improvements (including without limitation signage,
drainage, underground utilities, paved streets and alleys,
planting, curbs gutters, sidewalks, street lights, traffic
circulation, trails, recreational facilities, berms, open
space land, public transportation facilities, parking,
etc.), in the area of the above described property or to
reimburse the City of Aspen directly upon demand therefor if
the City should choose to construct these improvements
without the formation of such a district.
2. Owners agree to adhere to the following four
(4) requests of the City Water Department:
a.
sixteen inch (16")
of Francis Street
the bluff line.
Connection will only be allowed to the
D.l.P. located in the accessible portion
east of the isolating valves located on
b. The service must be capable of being
isolated from the transmission main for maintenance or
repair, without it being necessary to shut down the trans-
mission main. This will necessitate a special tapping
saddle, valve and street box which must be paid for (as an
additional charge) by the parties making the water tap.
c. Under no circumstances will construction
work and/or access be permitted for such construction work
in the City of Aspen I s water line easement on the steep
hillside between contour elevation 7890 and contour ele-
vation 7850, as the water mains in this vicinity are very
shallow and could be subject to damage, which would b8 most
difficult to repair in the event of any construction activ-
ities in this area.
d. The Owners shall submit a plan to the
City Water Department for approval of the service connection
line, Such plan shall include a plat showing the specific
location of the service line as it relates to established
easements and lot lines. Such plat shall also include all
other utility lines in the vicinity.
3. Owners shall control erosion and drainage
effects that the building creates on the hillside and agrees
to irrunediately revegetate the hillside cuts upon completion
of construction.
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BOOM 4:71 PAI.iE 279
4. The suitability of the land for the building
and construction proposed must be verified by a qualified
professional engineer per ,!ii 20-9 (a) of the Municipal Code.
Specific plans for moving earth and the building foundation
must be certified safe and adequate by said professional
engineer.
5. The terms, conditions, provisions and
obligation herein contained shall be deemed covenants that
run with and burden the real property more particularly
described as lots 1 and 2, Herndon Subdivision, City of
Aspen, Pitkin County, Colorado, and any and all other owners
thereof their successors, grantees or assigns and further
shall inure to the benefit of and be specifically enforce-
able by or against the parties hereto their successors,
grantees or assigns.
6. The Owner hereby covenants with the City that
the South unit of the duplex to be constructed on the
property described above in !ii 1, shall be each restricted in
terms of their use and occupancy to rental and occupancy
guidelines established by the City Council for middle income
employee housing. The owner of the unit shall have the
right to lease the unit to a qualified employee of its
selection. Such individual may be an employee of the Owner
employed as a resident caretaker, provided such person
fulfills the definition of "qualified employee" set forth
herein, "Qualified employee" as used herein shall mean any
person currently residing and employed in the City of Aspen
or Pitkin County an average of thirty (30) hours per week,
nine (9) months out of any twelve (12) month period who
shall meet the middle income and occupancy eligibility
requirements generally established and applied by the City
in respect of employee housing. Verification of employment
of those persons living in the employee units shall be
completed and filed with the City Councilor its designee by
the owner of the unit. If the Owner does not rent the
employee unit to a qualified employee, the employee unit
shall be made available in accordance with Housing Authority
guidelines, provided the Owner shall have the right to
approve any prospective tenant, which approval shall not
unreasonably be withheld. The owner may sell the unit to a
qualified middle income employee of its selection at the
middle income sale price guidelines. These covenants shall
be deemed to run with the land as a burden thereto for the
benefit of and shall be specifically enforceable by the City
by any appropriate legal action including injunction,
abatement, eviction or rescission of noncomplying tenancy,
for the period of the life of the longest lived member of
the presently existing City Council of the City of Aspen,
Colorado, plus twenty-one (21) years, or for a period of
fifty (50) years from the date of recording hereof in the
Pitkin County real property r2cords, whichever period shall
be less.
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BOOK 4: 71 Pt,GE 280
7. Pursuant to ?i 20-16 (c) of the Aspen
Municipal Code, Owner hereby agrees to provide a guaranty in
the sum of One Thousand Six Hundred Dollars ($1,600.00),
which sum represents the estimated cost of one hundred
percent (100%) of that portion of the subdivision
improvements which the City, through the City Engineer, has
requested financial assurance. Those portions of the
subdivision improvements and for which financial assurance
has been requested and which hereby is agreed to be given
are a special water tap with a sadIe valve and street box.
The guaranty to be provided by Owner shall be in the form of
One Thousand Six Hundred Dollars ($1,600.00) paid to the
City of Aspen to be held in trust by the City. The City
shall have the unconditional right, upon default by the
Owner, or its successor or assigns, to withdraw funds upon
demand to partially or fully complete and/or pay for the
agreed to improvements or pay any outstanding bills for work
done thereon by any party. As portions of the improvements
required are completed, the City Engineer shall inspect
them, and upon approval and acceptance, he shall authorize
the release of the actual cost as documented by invoices for
that portion of the improvements; PROVIDED, HOWEVER, that
ten percent (10%) of the estimated cost shall be withheld
until all proposed improvements are completed and approved
by the City Engineer.
The Owner, its successors or assigns,
agrees to further provide unto City a warranty as
water and sewer improvements it makes for a period
(1) year from and after acceptance by the City
improvements.
hereby
to all
of one
of the
IN WITNESS WHEREOF the parties hereto have hereun-
to executed their hands and seals on the dates and year
respectively indicated, in full understanding and agreement
to the terms and conditions herein contained.
CITY OF ASPEN
a Colorado Municipal Corporation
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By
William Stirling, Mayor
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, ,... j, Ci":y Clerk
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(SIG~ATURE LINES AND ACKNOWLEDGEMENTS CONTINUE ON FOLLOWING
PAGE)
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BOOM 471 t\tE281
OWNERS:
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CORNELIA GALLAHER MADSEN
STATE OF COLORADO)
) ss.
COUNTY OF PITKIN )
The fOregOin~nstrument was aCk~Wledged before
m,~. this /0 day of trjlt -t::Ir , 19 F- , by WILLIAM
,S;rtRL:j:NG as Mayor, and KA YN KOCH, as City Clerk of THE
~C~T~'PF ASPEN, a Colorado municipal corporation.
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WITNESS my hand and official seal.
My Co~i""io" "XPir"~'}~ (L ~
Notary PUbliC~, L/_ A _
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,
STATE OF COLORADO)
) ss.
COUNTY OF PITKIN )
The foregoing i strume twas acknowled.s..ed before
me this ~ day of c , 19 cr</ , by wf.er+ i-I m9Jlnt<.tR'.-
as trustee of the DONNA LEE ~
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My Commission expires: 010' cr"''- ~...':
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Address 37~~~~J""'~ 31 j( ........... ''I- ',.,."
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(ACKNOWLEDGEMENTS CONTINUE ON FOLLOWING PAGE)
WITNESS my hand and official seal.
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J 600lI 471 ?A~i2B2
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before
me this i&~ day of O~f~~ , 1984 by GEORGE W. MADSEN, JR.
and CORNELIA GALLAHER MADSEN.
WITNESS my hand and official seal.
My commission expires: '/'0/'150,
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Notary Public ,
Address: r; 'lo E, 0111...."" ({
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Herndon SubdivjDOC6
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MEMORANDUM
TO: Colette Penne, Planning Office
FROM:
Chuck Roth, Engineering Department ~~
DATE: February 16, 1984
RE: Curton-Madsen Lot Line Adjustment
-------------------------------------------------------------
This memo is in response to a request for further information.
1. A topographic map is attached. The entire building site
is at a slope of 64%, plus and minus.
2. The site is within 100 feet of the high water line and
will therefore be subject to stream margin review pursuant
to Sec. 24-6.3 of the Aspen Municipal.
3. The proposed parking would require a large cut in the bank,
resulting in at least a twelve foot high cut. The stability
of such a cut would have to be verified by a registered
professional engineer. Retainage would probably be needed.
This might be an instance where a tied-back retainage structure
would be appropriate.
4. Within the stream margin review criteria, this development
is subject to implementation of the Roaring Fork Greenway
Plan, and this could impose aesthetic/architectural considerations
on the nature of the cut in the bank and any technique of
retainage proposed and the final appearance of all work.
5. Reference to Parcel C should be deleted from the plat.
6. The parking spaces as shown are larger than required. Sec.
24-4.2(a) requires a minimum of 8~ feet x 18 feet. '
7. Please provide copies for Engineering of fire access and
water supply and sewer service comments.
CR/co
Enclosure
cc: Jay Hammond
. .
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MEMORANDUM
TO: Colette penne, Planning Office
FROM: Chuck Roth, City Engineering Department ~~
DATE: February 2, 1984
RE: Curton-Madsen Lot Line Adjustment
Having reviewed the above application, and having made a
site inspection, the Engineering Department has the following
comments:
1. This property has been reviewed and platted on two
previous occasions. There remain a number of matters that
appear to be unresolved.
2. The width of the access is less than required by Sections
20-l7(b) (3) and (6). Both the Fire Marshall and the Water
Department should be contacted for letters commenting on this
subdivision exception. Perhaps the ingress/egress-emergency-
water easement might be widened 4' in the other direction,
on the adjacent property, to meet the Code 20' requirement.
3. Earlier reviews were for a single family residence.
Water supply at that time was questionable. The current
application is for a duplex, so the water supply and the
emergency access width may be even more critical than before.
Also, depending on the site location, a new fire hydrant may need
to be installed. This application should be referred to the
Fire Marshall, Water Department, Electric Department and the
Sanitation District for comment.
A~It has been suggested for consideration that the application
~~d plat amendment might be unnecessary if a different ingress/
egress-emergency-utility easement configuration were applied.
Then only a deed would be required. Namely, the lot
configuration of the first amendment could be maintained if
the easement took an "L" shape around the existing residential
structure.
5. To help avoid confusion, we would like to see the parcel
designations changed for this second amendment to Lot 1 and
Lot 2.
6. A final plat must be submitted which conforms to the
requirements of Section 20-15.
7. The residential structure, driveway, parking spaces, and
other improvements need to be shown.
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Page Two
Curton-Madsen Lot Line Adjustment
8. The designation of the 16' water and access easement is
unclear. The water-line easement should also be indicated
on Parcel A. That easement on Parcel A is also called a
parking easement.Dothe owners of Parcel A want someone
parking on the ingress/egress easement? Would the Fire
Marshall permit parking on the emergency access easement?
9. The second amended plat does not show some of the utility
easements which are on the previous plattings. In order
to remove those easements, letters of release must be obtained
from the appropriate utilities.
10. The language in the dedication certificate needs to be
reworked a bit, e.g. two parcels, not three, "rededicate,"
"resubdivide," second amendment, not first.
11. In the subdivision exception agreement statement, the appl-
icants need to consent to join improvement districts in
accordance with current language from the City Attorney's
office.
CR/co
cc: Jay Hammond, Assistant City Engineer
Louis Buettner, City Surveyor
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W~~iffiWPlF~
420 E, HOPKINS STREET
ASPEN, COLORADO 81611
April 2, 1984
Colette Penne
Planning Office
Re: Curton-Madsen Lot Line Adjustment
Dear Colette,
Thank you for your additional information regarding the type and
location of building proposed on this lot. I did an additional
on-site inspection of the lot with this in hand and reviewed
our current set of criteria.
Essentially our requirements are met with the situation as it exists.
There is a hydrant located at 8th and W. Francis which is within
the required distance. The W. Francis dead end which serves the
site from above is of adequate width. And we would be able to
locate an Engine within the distance required for firefighting.
As long as we could be assured of these conditions continueing
to be the case we cannot ascertain any problems.
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NEHORANDUH
TO:
Aspen Cit~ Council
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FROH:
Colette penne, Planning Office
RE:
Curton-Madsen Lot Line Adjustment
DATE: April 2, 1984
LOC':ATION: Parcel B, Herndon Subdivision
IOn w. Francis above Power Plant Road)
ZONING: R-6
APPLICANT'S REOUES~:
The applicant is requesting a lot line adjustment for the purpose of formation
of an east-west lot alignment which would replace the present north-south
alignment.
R~AL COM~!ENTS:
The City Attorney's Office commented that "the new lot appears to solve
the problems previously presented to the City Council on the access question
for these parties," The grounds for the requested exception should be
stated on the record 120-19d), the plat must comply with Section 20-15,
and a statement of exception will be required.
I
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The Water Department has some concerns for the continuing integrity of
the transmission mains and has listed four specific conditions for access
and construction activities in the area of the City's pipeline easement.
The February 14, 1984, memo of Jim Markalunas is attached.
The City Engineering Department points out that the access
rather than the 20' required by Sections 20-17(b) (3) and (6).
cations include the following:
width is 16'
Plat modifi-
(A) Change parcel designations to Lot 1 and Lot 2,
,
IB) The residential structure, driveway, parking spaces
and other improvements need to be shown.
IC) Show all utility easements.
(D) The language in the dedication certificate should
read "rededicate", "resubdivide" and should reference
two parcels and that this is a second amendment.
IE) Reference to Parcel C should be deleted from the plat.
A final pI at must be submi tted which conf orms to the requi rements of Section
20-15. In the subdivision exception statement, the applicant must agree
to join improvement districts in accordance with current language from
the City Attorney's Office.
I
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Attached is a topographic map of the parcel. The entire building site
is at a slope of approximately 64%. The stability of the cut should be
verified by a registered professional engineer. A retaining structure
will likely be needed.
The site is within 100 feet of the high water line of Castle Creek and
is therefore subject to Stream Margin Review.
The Fire Department comments are attached.
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Curton-Madsen Lot Line Adjustment
April 2, 1984
Page 2
PLANNING OFFICE REVIEW:
fulckoround
A lot split procedure was completed which formed the original Parcels
A and B, \~hich \~ere in a north-south positioning. 100r. Herndon completed
this lot split before selling the parcels. When the Madsens purchased
their single-family horne, they understood that Parcel B and the access
easement across their lot to Parcel B would be for another single-family
house. Donna Curton purchased Parcel B and decided to build a deed-re-
stricted employee unit in addition to her single-family home. The employee
unit is allowed through an exemption from growth management competition
and the lot is large enough (21,950 sq. ft.) to support the duplex use.
The Madsens were concerned about the use of the access easement for more
than a single-family house and were concerned that the bulk of a duplex
structure would block their sun exposure and views. The use of the alley
as access to Parcel B was discussed and considerable neighborhood opposition
was voiced to this alternative.
The concept of this east-west alignment of lots was generated as a result
of a site visit by members of City Council, with a new access easement
being offered by the Hadsens. The purpose of this discussion is to evaluate
the new lots.
Site Considerations
The Planning and Zoning Commission tabled action at their March 6, 1984
meeting and asked for additional information. That information included
a description of the building envelope, the magnitude of the cuts into
the hillside, information on how far the structure will project, and an
elevation of the proposed house.
The house is to be positioned into the hillside approximately twenty-one
(21) feet with the deck extending an additional six (6) feet. Since access
is from an extension of Francis Street, the top of the hill is the "front
yard" and therefore the house must be set back (or in this case down the
hill ten [10] feet).
The Planning Office does not feel that a determination of the suitability
of this site for development has been made according to the criteria of
Section 20-9(a) of the Municipal Code which requires that:
I
I
"Based on findings by a qualified engineer or engineering geologist
or other professional, no land shall be subdivided which is
held by the planning commission to be unsuitable for subdivision
by reason of flooding, bad drainage, rock or soil creep, mudflow,
rockslide, avalanche or snowslide, steep topography or any other
potential natural hazard, feature or condition likely to be
harmful to the health, safety, or welfare of the future residents
in the proposed subdivision or of the City."
The findings required have not been offered in this application nor has
any proposal been made to assure that the effects of construction will
be addressed and mitigated (e.g., erosion, drainag~, revegetation). The
Code section specifically states that the planning commission is charged
with determining the suitability issue. We strongly recommend that you
require that appropriate findings be made by a qualified professional
regarding the suitability of the land for subdivision.
Certain sections of the Code were written to provide you with review mechanisms
for ,a site with high visibility (view planes, 8040 greenline), steep slopes
(mandatory PUD slope reductions), and proximity to flood plains (stream
margin review). There is not a mandatory PUD on the parcel, and we suspect
this results from an expectation that this site would not experience resi-
dential development. There is a flat building site of the same size at
the top of the hill (the original lot). The Engineering ?epartment has
calculated the slope at 64% - 67% over this entire parcel. If you were
o
o
Curton-Madsen Lot Line Adjustment
April 2, 1984
Page 3
applying slope reduction as per Section 24-8.18(2) no density credit is
allowed,for lands in excess of 40% slope. Therefore, were this hillside
d~signated within a PUD, as are most other hillsides in Aspen, llQ development
would be permitted. It seems clear to us that this site is inappropriate
for single family development, let alone the duplex being requested here.
Although this parcel technically is subject to Stream Margin Review, its
location is so high above any floodplain or danger that the criteria of
Section 24-6.3 do not apply.
This alternative is not, in our opinion, a better alternative to the former
flat building site. We believe that the solution, as proposed, amounts
to a protection of private views of a neighborhood at the expense of public
views from the Castle Creek Bridge and at the expense of the currently
undisturbed slope. We also do not feel that the extension of the development
pattern of the R-6 zone is justified.
PLANNING OFFICE AND PLANNING AND ZONING REcommNDATION:
The Planning Office and Planning and Zoning Commission recommend denial
of this lot line adjustment, because of the steep slopes, the visual impact,
the unnecessary extension of the development pattern and the greater suit-
ability of the original site.
COUNCIL ACTION:
If you concur with the recommendation of the Planning Office and the Planning
and zoning Commission, the appropriate motion is:
"I move to deny the requested lot line adjustment for the reasons
cited in the Planning and Zoning Commission's review."
If you choose to approve the lot line adjustment, the Planning and Zoning
Commission recommends the following conditions:
I
I
I
I
I
I
I
I
I
1.
A final plat must be submitted which conforms to the requirements
of Section 20-15 and the five changes delineated by the Engineering
Department be made prior to its recordation,
2.
A Statement of Subdivision Exception must be recorded which
includes a commitment to join future improvement districts and
the form of this statement must be approved by the City Attorney's
Office. '
4.
The four conditions listed by the Water Department in their
February 14, 1984, memo must be adhered to. i ,i' P t
-\-~ ~ b.---4' J" ~ ~ (()"V"-Slrv.c:: 10- '^ roro~.r
The suitability of the ,land for'V",-uL'J~v~5i-on be verified by a
qual,ified p,rofessiona per sectio~20-9,(a),*-lk.s>-~o_V\s -\0, ra-
Qp.,..-+h'<'J-<> , .. -'"b....'" o::bo-(\s ~~..-- ''''-c::l ~.... C> \.<.~
~. ";.c::::~ e... \.-A-G..-'-:. - '.-
A bUi~~n;~elope and~eta~ls on the magnitude of slope c~
be shown for consideration of the duplex use.
3.
5.
I
I
I
.
,
6. A commitment be made by the applicant to control erosion and
drainage effects and to immediately revegetate the hillside
cuts.
~ Building limited to an FAR of 3,500 s.f.
Conditions 4 and 5 would require your review of further information before
final action is taken.
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420 E, HOPKINS STREET
ASPEN, COLORADO 81611
13 March, 1984
Colette Penne
Planning Office
Re: Curt on-Madsen Lot Line Adjustment
Dear Colette,
As per our phone conversation of 23 February I made a visual insp-
ection of the site as indicated on the plansheet supplied by your
office.
It is difficult to assess any real problems without being able
to evaluate an actual site/building configuration. As a general
observation however, the site is characterized by a very steep
slope dropping from east to west. Firefighter access, especially
when envisaged in winter, would be greatly enhanced if it could
be arranged that in an emergancy our personnel and their equipment
burdens could be brought in from the top.
Secondary access and exposure protection provisions should still
be incorporated into the lower site design.
Specific assessments could be made when you have a proposed building
for me to look at.
~";-OPinion.
Darryl ob
capt., AVFD
"We Strive to Save"
ASPEN WATER DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
RE:
~~
.-/
Attached is a copy of my previous memo of July 6, 1979 concerning availabil-
ity of water service to this property. It is our understanding, as a result
of recent inquiries and review of the application, that Parcels A and B will
be turned 900 so that what was once an east-west lot alignment will now be-
come a north-south alignment. Our previous memo of 7/6/79 concerned itself
with one service connection supplying both parcels, it being the intent of
the Water Department to maintain the integrity of the transmission mains
supplying Aspen, while at the same time making it possible for the applicant
to obtain water service.
COLETTE PENNE, PLANNING DEPARTMENT
JIM MARKALUNAS
FEBRUARY 14, 1984
HERNDON LOT SPLIT
Since our objective remains the same (the integrity of the transmission
mains), we must insist that any water service to the property be provided
for under the following conditions:
1. Connection will only be allowed to the 16" D. 1. P. located
in the accessible portion of Francis Street east of the
bluff line and east of the isolating valves located on
the bluff line.
2. The service line must be capable of being isolated from the
transmission main for maintenance or repair, without it be-
ing necessary to shut down the transmission main. This will
necessitate a special tapping saddle, valve and street box
which must be paid for (as an additional charge) by the
parties making the water tap.
3. Under no circumstances will construction work and/or access
be permitted for such construction work in the City of As-
pen's water line easement on the steep hillside between
contour elevation 7890 and contour elevation 7850, as the
water mains in this vicinity are very shallow and could be
subject to damage, which would be most difficult to repair
in the event of any construction activities in this area.
4. The applicant shall submit to us a plan for our approval,
of the service connection line. Such plan shall include a
plat showing the specific location of the service line as
it relates to established easements and lot lines. Such
plat shall also include all other utility lines in the
vicinity.
Any activity within the bluff slope area which might cause damage to our
water main could seriously impair or disrupt the supply of water to Aspen.
It is for this reason we request stringent controls over access and con-
struction activities within and adjacent to our pipeline easement. The
__'~,T_'''''_'''__'''^ ''-''~-~'-
Memo to Colette Penne
February 14, 1984
Page 2
applicants should also be apprised that the City will hold them liable for
any damage to its facilities, should damage occur by virtue of such con-
struction activities. We emphasize this because of the size of the trans-
mission mains in the pipeline easement, particularly the older 14" steel
main which could easily be damaged.
JM:1f
cc: Gideon Kaufman
Attachment
",
TO:
Richard Grice - Planning Office
FROM:
Jim Markalunas - Water Dept.
DATE:
7/6/79
SUBJECT: -
1 __
, --
~
After discussion with Dave Ellis, City Engineering Department,
we will permit (only) one connection of a water service line to
the existing 14" steel main located on the South side of the water
easement under the following conditions.
A. ~ connection only.
B. Service isolating valve that can be operated by a
conventional valve key (i.e. 2" Cast Iron square
head gate valve with street box).
C. Parcels A & B must both be serviced off of this
service line, so that in the event there is a
problem with the service, it will not be necessary
to shutdown the transmission main.
D. Thirty days notice prior to commencement of water
service tap, in order that we may purchase a special
tapping saddle and valve. All specialty items re-
quired to tap the 14" steel line will be paid for
(as an additional charge) by the persons making the
water tap.
S nc:reW~
J m Marka1unas
.'
JM:jmr
.
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette penne, Planning Office
RE: Curt on-Madsen Lot Line Adjustment
DATE: March 20, 1984
LOCATION: Parcel B, Herndon Subdivision
(On W. Francis above Power Plant Road)
ZONING: R-6
APPLICANT'S REOUEST:
The applicant is requesting a lot line adjustment for the purpose of formation
of an east-west lot alignment which would replace the present north-south
alignment. Also requested is an exemption from the parking requirement
(for the employee unit) of one space per bedroom to allow four rather
than five parking spaces to be supplied.
REFERRAL COMMENTS:
The City Attorney s Office commented that "the new lot appears to solve
the problems previously presented to the City Council on the access question
for these parties." The grounds for the requested exception should be
stated on the record (20-19d), the plat must comply with Section 20-15,
and a statement of exception will be required.
The Water Department has some concerns for the continuing integrity of
the transmission mains and has listed four specific conditions for access
and construction activities in the area of the City's pipeline easement.
The February 14, 1984, memo of Jim Markalunas is attached.
The City Engineering Department points out that the access
rather than the 20' required by Sections 20-17(b) (3) and (6).
cations include the following:
width is 16'
Plat modifi-
(A) Change parcel designations to Lot 1 and Lot 2.
(B) The residential structure, driveway, parking spaces
and other improvements need to be shown.
(C) Show all utility easements.
(D) The language in the dedication certificate should
read "rededicate", "resubdivide" and should reference
two parcels and that this is a second amendment.
(E) Reference to Parcel C should be deleted from the plat.
A final plat must be submitted which conforms to the requirements of Section
20-15. In the subdivision exception statement, the applicant must agree
to join improvement districts in accordance with current language from
the City Attorney's Office.
Attached is a topographic map of the parcel. The entire building site
is at a slope of approximately 64%. The stability of the cut should be
verified by a registered professional engineer. A retaining structure
will likely be needed.
The site is within 100 feet of the high water line of Castle Creek and
is therefore subject to Stream Margin Review.
The Fire Department responded that it was "difficult to assess any real
Curton-Madsen Lot Line Adjustment
March 20, 1984
Page 2
problems without being able to evaluate an actual sitejbuilding configuration.
As a general observation, however, the site is characterized by a very
steep slope dropping from east to west. Firefighter access, especially
in winter, would be greatly enhanced if it could be arranged chat in an
emergency our personnel and their equipment burdens could be brought in
from the top. Secondary access and exposure protection provisions should
still be incorporated into the lower site design. Specific assessments
can be made when there is a proposed building."
PLANNING OFFICE REVIEW:
Background
A lot split procedure was completed which formed the original Parcels
A and B, which were in a north-south positioning. Mr. Herndon completed
this lot split before selling the parcels. When the Madsens purchased
their single-family home, they understood that Parcel B and the access
easement across their lot to Parcel B would be for another single-family
house. Donna Curton purchased Parcel B and decided to build a deed-re-
stricted employee unit in addition to her single-family home. The employee
unit is allowed through an exemption from growth management competition
and the lot is large enough (21,950 sq. ft.) to support the duplex use.
The Madsens were concerned about the use of the access easement for more
than a single-family house and were concerned that the bulk of a duplex
structure would block their sun exposure and views. The use of the alley
as access to Parcel B was discussed and considerable neighborhood opposition
was voiced to this alternative.
The concept of this east-west alignment of lots was generated as a result
of a site visit by members of City Council, with a new access easement
being offered by the Madsens. The purpose of this discussion is to evaluate
the new lots.
Site Considerati~
At your meeting of March 6, 1984, you reviewed this proposed lot configuration
and tabled action pending additional information. The information you
requested included a description of the building envelope, the magnitude
of the cuts into the hillside, information on how far the structure will
project, and an elevation of the proposed house.
The attached prints show a proposed building envelope, the proposed projection
distance, and a section which indicates the cut into existing grade.
The house is to be positioned into the hillside approximately 21 feet
with the deck extending an additional 6 feet. We question the applicant'S
identification of front, side and rear years, for setback purposes, as
labeled on the site plan. Since access comes from an extension of Francis
Street, it may be that the five foot (5') side yard shown should actually
be a ten foot (10') front yard. We will ask the Building Department to
determine the positioning of "yards" and report to you at the meeting.
To reiterate the points that we made in our March 6 memo, a determination
of the suitability of this site for development has not been sufficiently
documented.
Section 20-9(a) of the Municipal Code addresses suitability of land for
subdivision as follows:
"Based on findings by a qualified engineer or engineering geologist
or other professional, no land shall be subdivided which is
held by the planning commission to be unsuitable for subdivision
by reason of flooding, bad drainage, rock or soil creep, mudflow,
rockslide, avalanche or snowslide, steep topography or any other
potential natural hazard, feature or condition likely to be
harmful to the health, safety, or welfare of the future residents
in the proposed subdivision or of the City."
The findings required have not been offered in this application nor has
Curton-Madsen Lot Line Adjustment
March 20, 1984
Page 3
any proposal been made to assure that the effects of construction will
be addressed and mitigated (e.g., erosion, drainage, revegetation). The
Code section specifically states that the planning commission is charged
with determining the suitability issue. We strongly recommend that you
require that appropriate findings be made by a qualified professional
regarding the suitability of the land for subdivision.
Certain sections of the Code were written to provide you with review mechanisms
for a site with high visibility (view planes, 8040 greenline), steep slopes
(mandatory PUD slope reductions), and proximity to flood plains (stream
margin review). There is not a mandatory PUD on the parcel, and we suspect
this results from an expectation that this site would not experience resi-
dential development. There is a flat building site of the same size at
the top of the hill (the original lot). The Engineering Department has
calculated the slope at 64% - 67% over this entire parcel. If you were
applying slope reduction as per Section 24-8.18(2) no density credit is
allowed for lands in excess of 40% slope. Therefore, were this hillside
designated within a PUD, as are most other hillsides in Aspen, nQ development
would be permitted. It seems clear to us that this site is inappropriate
for single family development, let alone the duplex being requested here.
Although this parcel technically is subject to Stream Margin Review, its
location is so high above any floodplain or danger that the criteria of
Section 24-6.3 do not apply.
This alternative is not, in our opinion, a better alternative to the former
flat building site. We believe that the solution, as proposed, amounts
to a protection of private views of a neighborhood at the expense of public
views from the Castle Creek Bridge and at the expense of the currently
undisturbed slope. We also do not feel that the extension of the development
pattern of the R-6 zone is justified. is'
PLANNING OFFICE RECOMMENUATlQN:
'.J.( \\,:,\
The Planning Office recommends that you recommend to the City Council
denial of this lot line adjustment, because of the steep slopes, the visual
impact, the unnecessary extension of the development pattern and the greater
suitability of the original site.
\
,
We further recommend that you grant the requested parking exemption for
either lot configuration from 5 spaces to 4 spaces as requested, due to
the proximity of the site to transit routes and the site design benefits
,..hf providing less parking.
\
If you choose to recommend approval to Council of the lot line adjustment,
the following conditions are recommended:
1. A final plat must be submitted which conforms to the requirements
of Section 20-15 and the five changes delineated by the Engineering
Department be made prior to its recordation.
2. A Statement of Subdivision Exception must be recorded which
includes a commitment to join future improvement districts and
the form of this statement must be approved by the City Attorney's
Office.
3. The four conditions listed by the Water Department in their
February 14, 1984, memo must be adhered to.
i 4. The suitability of the land for subdivision be verified by a
qualified professional as per Section 20-9(a).
5. A building envelope and details on the magnitude of slope cuts
be shown for consideration of the duplex use.
6. A commitment be made by the applicant to control erosion and
drainage effects and to immediately revegetate the hillside
cuts.
) ,
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11
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LAW OFFICES OF
GIDEON J. KAUFMAN
A PROFESSIONAL CORPORATION
GIDEON I. KAUFMAN
BOX 10001
611 WEST MAIN STREET
ASPEN. COLORADO 81611
TELEPHONE
AREA CODE 303
925-8166
DAVID G. EISENSTEIN
February 21, 1984
HAND DELIVERY
r:
Ii: FEU 2
Lj~.
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, "
Alan Richman
City of Aspen
Planning Office
130 S. Galena
Aspen, CO 81611
FLA\i\;,;;:--~'-":: ~>[-:
Re: Parcel B, Herndon Subdivision, resubdivision.
Dear Alan:
Please consider this letter a request on behalf of
Donna Curt on for a variance from the number of required
parking spaces for her employee housing unit. Section
24-4.1 (c) allows the City Council to establish the required
off-street parking for low, moderate and middle income
housing units. While we have approval for a three (3)
bedroom deed restricted unit we would like to provide only
two (2) spaces instead of three (3) spaces. We feel this is
justified in light of the unit's use and lot configuration
unit. There has been precedent for varying all required
employee parking but we are merely seeking the variance
of one parking space. I would request that this item be
placed on the same City Council agenda as the Lot Split
Amendment so that both issues could be dealt with at the
same time. Thank you very much for your help and
consideration in this matter.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
By
~~
Gide1n Kaufman
GK/kl
cc: Donna Lee Curton
....._".-,_ '__''__e'_"',......__
---...-~.--'...,',..~.~'''-<''''--,~~",.-
~1EMORANDurl
TO: Aspen Planning and Zoning Commission
FRml: Colette Penne, Planning Office
RE: Curton-Madsen Lot Line Adjustment
DATE: March 6, 1984
LOCATION: Parcel B, Herndon Subdivision
(On W. Francis above Power Plant Road)
ZONING: R-6
APPLICANT'S REOUEST:
The applicant is requesting a lot line adjustment for the purpose of formation
of a lot alignment which addresses neighborhood concerns. Also requested
is an exemption for the provision of one less parking space for the employee
unit than the one per bedroom residential requirement.
REFERRAL COmIEN.'I'.S.:
The City Attorney's Office commented that "the new,appears to solve the
problems previously presented to the City Council on the access question
for these parties." The grounds for the requested exception should be
stated on the record (20-19d), the plat must comply with Section 20-15,
and a statement of exception will be required.
The Water Department has some concerns for the continuing integrity of
the transmission mains and has listed four specific conditions for access
and construction activities in the area of the City's pipeline easement.
The February 14, 1984, memo of Jim Markalunas is attached.
The City Engineering Department points out that the access
rather than the 20' required by Sections 20-17(b) (3) and (6).
cations include the fOllowing:
width is 16'
Plat modifi-
(A) Change parcel designations to Lot 1 and Lot 2.
(B) The residential structure, driveway, parking spaces
and other improvements need to be shown.
(C) Show all utility easements.
(D) The language in the dedication certificate should
read "rededicate", "resubdivide" and should reference
two parcels and that this is a second amendment.
, ,.,-_.~_._-;--~----
(E) Reference to Parcel C should be deleted from the plat.
A final plat must be submitted which conforms to the requirements of Section
20-15. In the subdivision exception statement, the applicant must agree
to join improvement districts in accordance with current language from
the City Attorney's Office.
Attached is a topographic map of the parcel. The entire building site
is at a slope of approximately 64%. The parking proposal will require
a large cut in the bank, probably as high as twelve feet. The stability
of the cut should be verified by a registered professional engineer.
A retainage structure will likely be needed.
The site is within 100 feet of the high water line of Castle Creek and
is therefore subject to Stream Ilargin Review.
PL8J-]NING OFFICJLJI~VIEW:
Back9round
A lot split procedure was completed which formed the original Parcels
A and B, which were in a north-south positioning. Mr. Herndon completed
this lot split before selling the parcels. When the Madsens purchased
their single-family home, they understood that Parcel B and the access
easement across their lot to Parcel B would be for another single-family
house. Donna Curton purchased Parcel B and decided to build a deed-re-
stricted employee unit in addition to her single-family home. The employee
unit is allowed through an exemption from growth management competition
and the lot was large enough (21,950 sq. ft.) to support the duplex use.
The Madsens were concerned about the use of the access easement for more
than a single-family house and were concerned that the bulk of a duplex
structure would block their sun exposure and views. The use of the alley
as access to Parcel B was discussed and considerable neighborhood opposition
was voiced to this alternative.
/The concept of this east-west align~:n.t_c...~lots,lwas generated as a result
y/ of a site visit by members of City ~~'wlth a new access easement
being offered by the Madsens. The purpose of this discussion is to evaluate
the new lots which would be formed by this alignment.
Site Considerations
When this application was first submitted, it looked like a simple solution
to some neighborhood problems. A site visit indicated that the new lot
has some problems of its own. The entire Parcel B is quite steep (reference
the attached topographic map). We strongly recommend that each of you
do a site visit before your discussion of this item on Tuesday. The property
can be seen by looking north from the Castle Creek bridge.
...'---,-~~"....."
The Engineering Department has calculated the slope at approximately 64%
over the entire building site. We have not seen the proposed building
envelope or any architectural elevations, but the proposed concept at
present is to cut into the hillside approximately 18 feet. The retaining
structure will be the back wall of the house. The parking will require
another cut in the hillside (Engineering estimates it to require "at least
a twelve foot high cut") and another retaining structure. This entire
development will be totally visible to all users of the Castle Creek Bridge.
Section 20-9(a) addresses suitability of land for subdivision as follows:
"Based on findings by a qualified engineer or engineering geologist
or other professional, no land shall be subdivided which is
held by the planning commisison to be unsuitable for subdivision
by reason of flooding, bad drainage, rock or soil creep, mudflow,
rockslide, avalanche or snowslide, steep topography or any other
potential natural hazard, feature or condition likely to be
harmful to the health, safety, or welfare of the future residents
in the proposed subdivision or of the City."
The application does not include assurances or findings by a qualified
professional. We feel that based on Section 20-9(a), you should require
that such information be submitted We further question the advisability
of allowing the previous GMP exemption to transfer to this new lot. The
exemption was granted for a specific parcel and its movement to this parcel
may not be desirable.
It is likely that construction can be accomplished on this parcel through
the use of engineered retaining systems. The advisability of it, the
visual vulnerability of the site and the extension of the development
pattern onto what is at present an undisturbed hillside do not, in our
opinion, support this lot as a better alternative to the former flat building
site. We believe that the solution, as proposed, amounts to a protection
of private views of a neighborhood at the expense of public views from
the Castle Creek Bridge and at the expense of the currently undisturbed
slope. We therefore do not, from a planning standpoint, support this
proposal.
The duplex proposed will have~bedrooms and the applicant has requested
a parking exemption to eliminate one of the employee spaces, Placing
these above Power Plant Road off the access easement (referred to as Harbor
Road) adds to the visual impact of this house. A cut will be required,
a retaining structure, and a steep stairway to the house. It is the only
configuration that this parcel accommodates due to the overall steepness.
Due to the visual vulnerability of this configuration and the difficulty
of placing six spaces in this location, we recommend your support of this
exemption if the lot lines are to be adjusted.
Although this parcel technically is subject to Stream Margin Review, its
location is so high above any flood plain or danger that the criteria
1 i "-"",,,,_,_
of Section 24-6.3 do not apply.
PLANNING OFFICE RECOHHENDATION:
The Planning Office recommends that you recommend to the City Council
denial of this lot line adjustment, because of the steep slopes, the visual
impact, the unnecessary extension of the development pattern, the visually
impactive parking solution and the greater suitability of the original
site.
However, if you are inclined to support the request, we recommend that
you require the confirmation of the suitability of this parcel for development
as per Section 20-9(a) and that a building envelope be delineated for
your consideration. The request for an employee housing parking exemption
to supply~rather than~paces is reasonable, in our opinion, and we
recommend tfiat you grant it for the adjusted parcels. You might also
consider granting this exemption fromthe original configuration due to
the lot's proximity to transit. If you recommend approval, the following
conditions are recommended:
1. A final plat must be submitted which conforms to the requirements
of Section 20-15 and the five changes delineated by the Engineering
Department be made prior to its recordation.
2. A Statement of Subdivision Exception must be recorded with includes
a commitment to join future improvement districts and the form
of this statement must be approved by the City Attorney's Office.
3. The four conditions listed by the Water Department in their
February 14, 1984, memo must be adhered to.
4. The suitability of the land for subdivision be verified as per
Section 20-9(a).
5. A building envelope and details on the magnitude of slope cuts
be shown for consideration of the residential use.
/
/.
A single-family structure be built and a GHP exemption for the
employee unit be reconsidered and granted only if its visual
impacts are proven to be minimal.
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GEORGE W. MADSEN, JR,
)sJOCtiolfilf3':f . ASPEN, COLOR IIH) 81611
931 ~I. Francis St.
Hareh 1, 19B4
Douglas p. Allen
Courtho'Jse Plaza Pui ldinq
530 E. 11ain St., First Floor
Aspen, CO B16ll
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I. II
lMAR~1984 !
ASPE-N 7PITKIN CO,
.... PLANNING OFFK'J
RE: Herndon SubdIvIsion
Dear Doug:
As you sug"ested in YO'lr Feb. 20, 19BI1 l@,tter t.o my
attorney, I1arty Kahn, and as you explained to me in our rneetin"l in your
ofiice last week in general terms, the solution you devised for t.he
parking problem for the Donna Lee Curton property in th', Herndon
SubdiVIsion is satisfactory to my 14ife anu me, the only other CJ1,rners of
property in the Herndon SubdIVIsion.
lie understand th~t only fcur parKing spaces will be
required, that two of them will be in a garage on your Droperty on
the northwest side of our house, that one Hill be in the eGsemcnt
on the extension of \'I. Francis St. to t.he edge of the bl\lff, and
tLat the remainin'] one will be located on an eGsement \ole will "lrGnt you
on our property on tho:< northeGst side of our house.
By copy of this letter to th'J Aspen City CO'Incil ~nci the
Asnen City Engineering Department, we are aCknOldedging our aece;otanee
of your nroposal.
Sincerely,
~/" !ilcC"c,~\),
GeoJ'~: !ladsen, Jr.// J
(/~!Vt~ cp, I~
Cornelia G. H~sen --
cc: Harty Kahn
Gideon Kaufman
Aspen City Council
Aspen City Engineering Department
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LAW O""'CES OF
GIDEON I, KAUFMAN
GIDEON I. KAUFMAN
A ,...oP'1IftIONAl. COIlPORATlOIt
BOX 10001
811 WEST MAIN STREET
ASPEN, COLOIIIADO 8.e11
TELEPHONE
AREA CODE 303
82S-81ee
DAVID G. EISENSTEIN
February 21, 1984
HAND DELIVERY
Alan Richman
City of Aspen
Planning Office
130 S. Galena
Aspen, CO 81611
Re: Parcel B, Herndon Subdivision, resubdivision.
Dear Alan:
,
~.
Please consider this letter a request on behalf of
Donna Curton for a variance from the number of required
parking spaces for her employee housing unit. Section
24-4.1 (c) allows the City Council to establish the required
off-street parking for low, moderate and middle income
housing units. While we have approval for a three (3)
bedroom deed restricted unit we would like to provide only
two (2) spaces instead of three (3) spaces. We feel this is
justified in light of the unit's use and lot configuration
unit. There has been precedent for varying all required
employee parking but we are merely seeking the variance
of one parking space. I would request that this item be
placed on the same City Council agenda as the Lot Split
Amendment so that both issues could be dealt with at the
same time. Thank you very much for your help and
consideration in this matter.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
COPY '= GIDEON KAUFMAN
By
Gideon Kaufman
GK/kl
cc: Donna Lee Curton
.
LAW_Of'
GIDEON I. KAUFMAN
.J-/tOII "'~~
GIDIIOM I. KAU""AH
ItOX _
en WtaT MAIN .,".cr
A8HH. COLO.....DO_
TlELE~HON.
AREA CODE ~.
.211.81"
DAVID Q, IIlSIEHaTa."
February 21. 198.
HAND DELIVERY
Alan Richman
City of Aspen
Planning office
130 S. Galena
Aspen, CO 81611
Re: Parcel B, Herndon Subdivision, resubdivision.
Dear Alan:
?lease consider this letter a request on behalf of
Donna Cu:-tcn for a ~Jariance fr-'Jrn the number of required
9arking s9aces for :'1er ernplo:lee housing unit. Section
24-4.1 (c) allows the City Council to establish the required
off-street parking for low, moderate and middle income
housing units. While we have approval for a three (3)
bedroom deed restricted unit we would like to provide only
two (2) spaces instead of three (3) spaces. We feel this is
justified in light of the unit's use and lot configuration
unit. There has been precedent for varying all required
employee parking but we are merely seeking the variance
of one parking space. I would request that this item be
placed on the same City Council agenda as the Lot Split
.\mendment so that both issues could be dealt with at the
same time. Thank you 'Jery much for your help and
consideration in this matter.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
COpy ; GIDEON KAUFMAN
By
Gideon Kaufman
GK/kl
ee: Donna Lee Curton
. .
MEMORANDUM
TO:
City Engineering Department, Chuck Roth
City Water Department, Jim Markalunas
Fire Chief, Steve Crocket
FROM:
Colette Penne, Planning Office
RE:
Curton-Madsen Lot Line Adjustment
DATE:
February 13, 1984
Attached is an updated plat for your review with regard to the
Curton-Madsen Lot Line Adjustment. This case was previously scheduled
for review by City Council and tabled at that time because we felt
more information was needed and some adjustments needed to be made.
Please review this amended plat and return your referral comments
to this Office as soon as possible.
Thank you.
"","
Paul J, Taddunc
City Attorney
Barry D. Edwards
~X~
Assistant City Attorney
CIT
HEMORANDUM
Peggy Carlson
Administrative Assistant
DATE:
Planning Office, Colette Penne
Barry D. Edwar~s~
January 30, 1984
TO:
FROM:
RE:
Curton-Madsen Lot Line Adjustment
We have reviewed the packet received January 10, 1984
from the planning office, including the hand-delivered
letter of Gideon Kaufman dated January 5, 1984 and the
copy of the second amendment to the Herndon subdivision
plat.
We have the following comments:
1. The new arrangement appears to solve the problems
previously presented to the City Council on the access
question for these parties.
2. The applicants' request should be verified, Sec.
20-l9(d) .
3. The grounds for the requested exception should be
stated on the record (20-l9(d)); these will presumably be
lot line/boundary change between consenting owners, and
hardship (20-19 (a) (4) (i)).
4. The plat must comply with ~20-l5, and on that issue
we defer to engineering and planning.
5. A statement of exception will be required.
Please contact us if you have any questions.
A
MEMORANDUM
TO:
City Attorney
City Engineering Department
FROM:
Janet weinstein, Planning Office
RE:
Curton-Madsen Lot Line Adjustment
DATE:
January 9, 1984
Attached you will please find an application submitted by Gideon
Kaufman on behalf of Donna Curton for a lot line adjustment. The
property is located beneath the Hallam Street Bridge on Power
Plant Road. Please review this material and return your referral
comments to Colette Penne of the Planning Office no later than
January 30, 1984, in order for the Planning Office to have adequate
time to prepare for its presentation before City Council on
February 13, 1984.
Thank you.
"..",,_,_~._~.~,..,..~_,_._~..,..". 'W~'_~".'_~'_'_'_'''' ,
J/~1
LAW OFFICES OF
GIDEON I. KAUFMAN
GIDEON I. KAUFMAN
A PROFESSIONAL CORPORATION
BOX 10001
611 WEST MAIN STREET
ASPEN. COLORADO 81611
TELEPHONE
AREA CODE 303
925-S166
DAVID G. EISENSTEIN
January 5, 1984
HAND DELIVERY
Alan Richman
City of Aspen
Planning Office
130 S. Galena
Aspen, CO 81611
Re: Parcel B, Herndon Subdivision, resubdivision.
Dear Alan:
As you are aware when my client Donna Curton came
before the City Council in order to open the alley for
better access to Parcel B, the City Council stated that it
would be better if all parties were able to work together to
come up with an alternate lot alignment. Donna Curtain and
the Madsens have gotten together and have come up with
changes to lots A and B, Herndon Subdivision that we feel
cure the problems that have existed. Enclosed please find
a plat that reflects these changes to the plat of record.
This new lot alignment aleviates the problems of access and
helps the Madsen's privacy concerns. I would appreciate
this matter being processed as expeditiously as possible
because of the large amount of time involved in the previous
controversy. Enclosed please find a check for $465.00 to
cover a one step exception process - if you have any
questions please contact me.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
,,",
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By
G'ideon/Kaufman
V
GK/kl
Enclosure