HomeMy WebLinkAboutcoa.lu.ec.Fellman Lot Split Block 33, Lots ABCDFellman Lot Split
A32-94 2737-182-04-002
E
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ASPEN/PITKIN PLANNING OFFICE
• 130 South Galena Street
Aspen, 81611
(03) -5090
32
LAND USE APPLICATION FEES
CITY:
-63250-134
-63270-136
-63280-137
-63300-139
-63310-140
-63320-141
-63330-150
-63432-157
-63432-157
-MR011
HISTORIC PRESERVATION:
-63335-151
-63336-152
-63337-153
-63338-154
-63339-155
COUNTY:
-63160-126
-63170-127
-63180-128
-63190-129
-63200-130
-63210-131
-63220-132
-63230-133
-63240-149
-53450-146
-63235-148
REFERRAL FEES:
-63360-143
00115-63340-163
00123-63340-190
00125-63340-205
PLANNING OFFICE SALES:
-63080-122
-69000-145
GMP/Conceptual
GMP/Final
SUB/Conceptual
SUB/Final
All-2 Step Applications
All 1 Step Applications
Staff Approval
Zoning Plan Check
Sign Permit
Use Tax for Sign Permits
Exemption
Minor
Major Devel.
Signrf. Devel.
Demolition
GMP/General
GMP/Detailed
GMP/Final
SUB/General
SUB/Detailed
SUB/Final
All 2 Step Applications
All 1 Step Applications
Staff Approval
Board of Adjustment
Zoning Plan Check
Engineering - County
Engineering - City
Housing
Environmental Health
County Code
Other (Copy Fees)
TOTAL
Name: Phone:
�{ �J/ >�
Address: � i .- � Project:
Check #: Date: No of Copies:
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 04/26/94 PARCEL ID AND CASE NO.
DATE COMPLETE: !/a zl9w 2737-182-04-002 A32-94
STAFF MEMBER: ML
PROJECT NAME: Fellman Lot Split
Project Address: Lots A,B,C,D, & E Block 33 East Aspen Add.
Legal Address:
APPLICANT: Thomas Fellman
Applicant Address: C4tdeoh Kx",- *an
REPRESENTATIVE: Kaufman and Peterson
Representative Address/Phone: 315 E. Hyman 925-8166
Aspen, CO 81611
--------------------------------------------------------------
--------------------------------------------------------------
FEES: PLANNING $ 978 # APPS RECEIVED 7
ENGINEER $ 96 # PLATS RECEIVED 7
HOUSING $
ENV. HEALTH $
TOTAL $ 1074
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP:
P&Z Meeting Date
CC Meeting Date jyh Q '
DRC Meeting Date
REFERRALS:
City Attorney
X City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Zoning
DATE REFERRED:-7/o2-q L7
FINAL ROUTING:
City Atty
Housing
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
PUBLIC HEARING: �w//
q�;S:)
VESTED RIGHTS: IV'P
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
INITIALS: ao-
DATE ROUTED:
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
Other
DUE:
NITIAL:
City Engineer Zoning Env. Health
Open Space Other:
FILE STATUS AND LOCATION:
0 tit
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
THRU: Leslie Lamont, Interim City Planning DirectglF�\
FROM: Mary Lackner, Planner
DATE: July 11, 1994
RE: Fellman Subdivision Exemption for a Lot Split and GMQS
Exemption - 2nd Reading of Ordinance 28, Series 1994
-----------------------------------------------------------------
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SUMMARY: The Applicant (Thomas Fellman, represented by Gideon
Kaufman) proposes to divide a 15,000 square foot parcel into two
7,500 sq.ft. lots pursuant to the Lot Split provision of the Aspen
Land Use Regulations. The entire property is presently vacant.
One lot will be permitted to build a duplex residence, the
remaining parcel will be permitted to build a single family
residence.
This application is a one-step subdivision exemption before City
Council. The Planning Office recommends approval of this
Ordinance with conditions.
CONSISTENCY WITH THE ASPEN AREA COMMUNITY PLAN: Lot Splits require
that development on the new lots provide Accessory Dwelling Units
that are deed restricted to resident occupancy requirements. Such
mitigation will meet the Housing goals of the AACP.
PREVIOUS COUNCIL ACTION: City Council approved first reading on
their consent agenda on June 13, 1994.
BACKGROUND: The parcel is located at the southwest corner of E.
Hopkins and Cleveland Street and is zoned R-MF, Residential/Multi-
Family. In 1975, implementation of growth management required that
all adjacent lots held in single ownership were merged for
development purposes. At that time, lot splits were created as a
one-time exemption from the full subdivision process. Refer to
Exhibit "A" for the application information and proposed plat.
REFERRAL COMMENTS:
City Engineering- Refer to Exhibit "B" for complete referral memo.
CURRENT ISSUES: There are no outstanding issues relative to the
Applicant's request for a Lot Split and GMQS Exemption.
It should be noted that a duplex is presently permitted on the
parcel. Therefore, this request for a Lot Split permits the
applicant to create a new parcel and obtain a development right for
•
a single family residence in addition to a duplex. Should the
applicant wish to build two duplex units, a growth management
allocation would need to be obtained for the fourth dwelling unit.
Pursuant to Sections 24-7-1003.A.2. (Lot Split) and 24-8-104.C.1.a.
(GMQS exemption), staff finds that the review criteria have been
met. The specific criteria and staff responses are attached as
Exhibit "C".
FINANCIAL IMPLEMENTATIONS: None are anticipated.
RECOMMENDATION: Planning staff recommends approval of the proposed
Lot Split subject to the following conditions:
1. As recommended in the City Engineer's referral comments dated
June 6, 1994 the applicant shall:
a. The elevation of the site appears to be somewhat greater
than that of roads and properties to the north and east.
Fill may have been placed on site and the natural grade
should be checked as it will determine the allowable top -
of -structure elevation. This area may have once been a
dump and could require special foundation construction.
b. The Plat does not indicate at least two surveyor's
monuments. Two new monuments must be added at the split
line within one year of acceptance. The transformer
should also be shown on the Plat for reference.
c. The parcels shall meet storm run-off requirements of
Section 24-7-1004.C.4.f at the time of development.
d. Any work in the public right-of-way including landscaping
shall obtain permits from the City Streets Department.
2. Lots A, B, and the western one-half of C will be the single
family parcel. The eastern one-half of Lot C, D, and E will
be the duplex parcel. Any additional development is required
to comply with the underlying zone district regulations and
growth management. This shall be noted on the Plat.
3. The new Subdivision Plat and Subdivision Exemption Agreement
must be approved by the Planning Office and Engineering
Department and recorded with the Pitkin County Clerk and
Recorder within 180 days of approval by City Council. Failure
to do so may render the approvals invalid.
4. A Sidewalk, Curb and Gutter shall be constructed prior to the
issuance of a Certificate of Occupancy for the residence on
each lot.
5. Prior to the issuance of any building permits, both lots are
required to build an Accessory Dwelling Unit (ADU) at the time
of construction, pursuant to Section 24-7-1003.A.2.b of the
Aspen Land Use Regulations.
6. 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 in the conditions.
PROPOSED MOTION: "I move to adopt Ordinance 28, Series 1994
approving the Fellman Subdivision Exemption for a Lot Split and
GMQS Exemption for the Lots A, B, C, D & E, Block 33, East Aspen
Subdivision."
CITY MANAGER COMMENTS:
Exhibits:
Ordinance 28, Series 1994
"A" Application information and
"B" Engineering referral memo
"C" Planning staff responses to
24-8-104.C.1.a.
"D" Public Notice
proposed plat
Code sections 24-7-1003.A.2 and
Exhibit A
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I.A W OFFICES OF
BROOKE A. PETERSON K aUFMAN & PETERSON, P.C. TELEPHONE
GIDEON I. KAUFMAN
(303) 925-8166
ERIN L. FERNANDEZ
315 EAST HYMAN AVENUE FACSIMILE
ASPEN, COLORADO 81611 (303) 925-1090
ROBYN J- MYLER ••`
'
April 26, 1994
ALSO ADMITTED IN MARYLAND
ALSO ADMITTED IN FLORIDA
-ALSO ADMITTED IN NEW YORK
AND CONNECTICUT
Ms. Mary Lackner
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Lot Split for Lots A, B, C, D, and E, Block 33,
City and Townsite of Aspen
Dear Mary:
Pursuant to a number of telephone conversations, and a letter
that I wrote to you on February 18, 1994, please consider this letter
an application for a lot split pursuant to §7-1003.2 of the Aspen
Municipal Code. we are requesting the division of Lots A, B, C, D,
and E, Block 33, City and Townsite of Aspen, as shown on the attached
plat, into two lots of 7,500 sq.ft. each.
No more than two (2) lots will be created by the lot split, both
lots will conform to the requirements of the underlying zone district.
No portion of the property under consideration has been the subject of
an exemption under the provisions of this article, or a lot split
exemption pursuant to §8-104(C)(1)(a). Enclosed please find the
proposed subdivision plat which will be recorded after final approvals
are obtained.
I believe that this lot split meets the requirements of
subdivision in that the division will assist in the orderly and
efficient development of the City, will insure the proper distribution
of development, and encourages well -planned subdivision of land by
establishing standards for the design of subdivisions. It also
improves land records, coordinates the construction of public
facilities, safeguards the interest of the public, and promotes the
health, safety and general welfare of the residents of the City of
Aspen.
Enclosed please find a check in the amount of $1,084.00, a copy
of the title commitment showing ownership, and a letter authorizing me
to proceed with this application. I believe that this application
requires only a one-step process to the City Council.
•
•
Ms. Mary Lackner
April 26, 1994
Page 2
Once you have had an opportunity to review the enclosed, please
contact me about when it will be set for an agenda item. As always,
thank you for your help and consideration.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.,
a Professional Corporation
By_
deon Kaufman
GK/bw
Enclosures
•
0
BROOKE A. PETERSON
GIDEON I. KAUFMAN*
ERIN L. FERNANDEZ'"
ROBYN J. MYLER 4"
ALSO ADMITTED IN MARYLAND
ALSO ADMITTED IN FLORIDA
-'ALSO ADMITTED IN NEW YORK
AND CONNECT ICUT
Mary Lackner
130 South Galena Street
Aspen, CO 81611
LAW 01110ES0F
KAUFMAN & PETERSON, P.C.
315 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
May 6, 1994
Re: Fellman Lot Split, Case 832-92
Dear Mary:
G
TELEPHONE
(303)925-8166
FACSIMILE
(303) 925-1090
Please consider this letter a supplement to my application for
the Fellman Lot Split. I wish to identify the duplex lot and the
single family lot.
Lots A, B and half of C will be the single-family lot and half of
C, D and E will be the duplex lot, both of which will be exempt from
Growth Management Plan. This should be reflected in the Ordinance of
Approval so that there will be no misunderstanding when someone goes
for a building permit. The other lot will obviously have to compete
in the growth management plan if a second duplex is to be built.
Thank you for your help and consideration.
Very truly yours,
LAW OFFICES OF KAUFMAN & PETERSON, P.C.,
a Pro essional Corporation
By
G d n Kaufman
GK/go
L�
0 Exhibit B
Memorandum
To: Mary Lackner, Planning Office
From: Cris Caruso, City Engineer
Date: June 6, 1994
RE: Fellman Lot Split
Upon review of the above referenced application, the Engineering Department has the following
comments:
Site Elevation: The elevation of the site appears to be somewhat greater than that of roads
and properties to the north and east. Fill may have been placed on site and the natural grade
should be checked as it will determine the allowable top -of -structure elevation. This area may
have once been a dump and could require special foundation construction.
Storm Runoff: A condition should be made to the lot split, that development of the
property meet storm runoff requirements of Section 24-7-1004.C.4.f.
Plat: The Plat does not indicate at least two surveyor's monuments. Two new
monuments must be added at the split line within one year of acceptance. The transformer
should also be shown on the plat for reference.
Boulder: A boulder located partially on the property and in the ROW should be
investigated for historic and survey significance.
Vegetation: There is substantial vegetation along the north and east property limits in the
ROW. The Engineering Department recommends this vegetation remain undisturbed. Any work
in the public ROW requires a permit and the applicant's site design should provide for
maintaining the bushes and trees. Removal of trees over 6" in diameter on or off site requires a
permit.
Curb & Gutter: A Curb & Gutter Agreement should be executed indicating that the
property owners will install curb and gutter as directed by the City.
'34001.ref
•
0 Exhibit C
Fellman Lot Split Proposal
Section 24-7-1003.2 (review criteria for lot splits)
Lot split. The split of a lot for the purpose of the development
of one detached single-family dwelling unit on a lot formed by a
lot split granted subsequent to November 14, 1977, where all of the
following conditions are met.
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 24,
1969; and
Response: This parcel is configured as the East Aspen Addition of
the City of Aspen which was established prior to the formation of
either the BOCC or City Council. The parcel has not been
subdivided after 1969.
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 Article 5, Division 7,
Replacement Housing Program, the standards of that program
shall supersede these requirements; and
Response: The newly created lots comply with the dimensional
requirements of the R-MF, Residential/Multi-Family zone district.
An on -site accessory dwelling unit will be provided with the
development of both lots. If a duplex is constructed, two ADU's
will be required on the duplex parcel. The applicant has committed
to incorporate the affordable housing mitigation requirements into
the subdivision agreement and to depict this information on the
final subdivision plat.
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 Section
8-104 (C) (1) (a) ; and
Response: The parcel has not been involved in any prior
subdivision exemption actions.
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 Article 8.
Response: The applicant has committed to recording this
information on the final subdivision plat.
cc.rev.ls.fellman
1 0 0
Section 24-7-104 (C) (1) (a)
Review criteria for GMQS Exemption for a Lot Split
Lot split. The development of one (1) detached residential
dwelling on a vacant lot formed by a lot split granted
subsequent to November 14, 1977 pursuant to section 7-
1003(A)(2). In order to be eligible for this exemption, the
property need not contain any development on the original lot.
Response: The applicant is obtaining an approval for a lot split
as specified by this code section. As indicated in the applicant's
supplemental application letter, Lots A, B, and one half of C will
be the single-family parcel. The remaining half of C, and Lots D
and E will be the duplex parcel.
0
Exhibit D
Public Notice
Salurday-Sunday, June 2546, 1994 • The Aspen Times 11-D
PUBLIC NOTICE
RE: FELLMAN SUBDIVISION EXEMPTION FOR
A LOT SPLIT
NOTICE IS HEREBY GIVEN that a public hear-
Ing will be held on Monday, July 11, 1994 at a
meeting to begin at 5:00 pm before the Aspen
City Council, City Council Chambers, City Hall,
130 S. Galena, Aspen to consider an application
submitted by Thomas Fellman, c/o Gideon
Kaufman, 315 E. Ilyman Ave., Aspen, CO,
requesting approval of a Subdivision Exemp-
tion for a Lot Split to create one single family
lot and one duplex lot. The property Is located
at Lots A, B. C, D & E. Block 33, East Aspen
Addition. For further Information, contact Mary
Lackner at the Aspen/Pitkln Planning Office, 130
S. Galena St., Aspen, CO 920-5100.
s/John Bennett, Mayor
Aspen City Council
Published In the Aspen Times June 24. 1994
TO:
THRU:
THRU:
FROM:
DATE:
r_�
MEMORANDUM
Mayor and Council
Amy Margerum, City Manager1'�.
Leslie Lamont, Interim City Planning
Mary Lackner, Planner
June 13, 1994
Directo
RE: Fellman Subdivision Exemption for a L�o.� Split and GMQS
Exemption - 1st Reading of Ordinanceo2_s, Series 1994
SUMMARY: The Applicant (Thomas Fellman, represented by Gideon
Kaufman) proposes to divide the 15,000 square foot subject parcel
into two 7,500 sq.ft. lots pursuant to the Lot Split provision of
the Aspen Land Use Regulations. The entire property is presently
vacant. One lot will be permitted to build a duplex residence, the
remaining parcel will be permitted to build a single family
residence.
This application is a one-step subdivision exemption before City
Council. The Planning Office recommends approval of first reading
of this Ordinance with conditions.
CONSISTENCY WITH THE ASPEN AREA COMMUNITY PLAN: Lot Splits require
that development on the new lots provide Accessory Dwelling Units
that are deed restricted to resident occupancy requirements.
Development of the vacant lots will require housing mitigation to
be provided by the applicant. Such mitigation will meet the
Housing goals of the AACP.
PREVIOUS COUNCIL ACTION: None.
BACKGROUND: The parcel is located at the southwest corner of E.
Hopkins and Cleveland Street and is zoned R-MF, Residential/Multi-
Family. In 1975, implementation of growth management required that
all adjacent lots held in single ownership were merged for
development purposes. At that time, lot splits were created as a
one-time exemption from the full subdivision process. Refer to
Exhibit "A" for the application information and proposed plat.
REFERRAL COMMENTS:
City Engineering- Refer to Exhibit "B" for complete referral memo.
CURRENT ISSUES: There are no outstanding issues relative to the
Applicant's request for a Lot Split and GMQS Exemption.
It should be noted that a duplex is presently permitted on the
parcel. Therefore, this request for a Lot Split permits the
�J
•
applicant to create a new parcel and obtain a development right for
a single family residence. Although the parcel is presently
vacant, this approval will allow a duplex and a single family unit.
Should the applicant which to build two duplex units, a growth
management allocation would need to be obtained.
Pursuant to Sections 24-7-1003.A.2. (Lot Split) and 24-8-104.C.1.a.
(GMQS exemption) staff finds that the review criteria have been
met. The specific criteria and staff responses are contained as
Exhibit "C".
FINANCIAL IMPLEMENTATIONS: None are anticipated.
RECOMMENDATION: Planning staff recommends approval of the proposed
Lot Split subject to the following conditions:
1. As recommended in the City Engineer's referral comments dated
June 6, 1994 the applicant shall:
a. The elevation of the site appears to be somewhat greater
than that of roads and properties to the north and east.
Fill may have been placed on site and the natural grade
should be checked as it will determine the allowable top -
of -structure elevation. This area may have once been a
dump and could require special foundation construction.
b. The Plat does not indicate at least two surveyor's
monuments. Two new monuments must be added at the split
line within one year of acceptance. The transformer
should also be shown on the Plat for reference.
c. A boulder located partially on the property and in the
ROW should be investigated for historic and survey
significance.
d. The parcels shall meet storm run-off requirements of
Section 24-7-1004.C.4.f at the time of development.
e. Any work in the public right-of-way including landscaping
shall obtain permits from the City Streets Department.
2. Lots A, B, and the western one-half of C will be the single
family parcel. The eastern one-half of Lot C, D, and E will
be the duplex parcel. Any additional development is required
to comply with the underlying zone district regulations and
growth management. This shall be noted on the Plat.
3. The new Subdivision Plat and Subdivision Exemption Agreement
must be approved by the Planning Office and Engineering
Department and recorded with the Pitkin County Clerk and
Recorder within 180 days of approval by City Council. Failure
to do so may render the approvals invalid.
F
•
4. A Sidewalk, Curb and Gutter Agreement shall be executed at the
time the Plat is recorded with the City. This agreement shall
indicate that the property owner will install a sidewalk, curb
and gutter at such time as directed by the City.
5. Prior to the issuance of any building permits, both lots are
required to build an Accessory Dwelling Unit (ADU) at the time
of construction, pursuant to Section 24-7-1003.A.2.b of the
Aspen Land Use Regulations.
6. 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 in the conditions.
PROPOSED MOTION: "I move to read of Ordinance g. Series of
1994."
"I move to approve the Fellman Subdivision Exemption for a Lot
Split and GMQS Exemption for the Lots A, B, C, D & E, Block 33,
East Aspen Subdivision at first reading."
CITY MANAGER COMMENTS:
Exhibits:
Ordinance�g, Series 1994
"A" Application information and
"B" Engineering referral memo
"C" Planning staff responses to
24-8-104.C.1.a.
3
proposed plat
Code sections 24-7-1003.A.2 and
ORDINANCE NO. �
(SERIES OF 1994)
AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING
SUBDIVISION EXEMPTION AND GMQS EXEMPTION APPROVAL FOR
THE FELLMAN LOT SPLIT (LOTS A, B, C, D, AND E, BLOCK 33,
EAST ASPEN ADDITION)
WHEREAS, Section 24-7-1003.A.2 of the Aspen Municipal Code
provides for City Council approval for lots splits as Subdivision
Exemptions; and
WHEREAS, the Applicant, Thomas Fellman, submitted an
application for a lot split and GMQS exemption to the Planning
Office; and
WHEREAS, the City Engineering Office has provided referral
comments on the proposed application; and
WHEREAS, the Planning Office reviewed the proposed application
pursuant to Section 24-7-1003.A.2 of the Aspen Municipal Code and
the comments received from Engineering and recommends approval of
the Subdivision Exemption for a lot split with conditions; and
WHEREAS, the Aspen City Council having considered the Planning
Office's recommendation and Section 24-7-1003.A.2 of the Aspen
Municipal Code does hereby grant the Subdivision Exemption for the
Fellman Lot Split.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1: That it does hereby grant Subdivision Exemption and
GMQS Exemption approval for a lot split pursuant to Section 24-7-
1003.A.2 and 24-8-104.C.a of the Aspen Municipal Code subject to
the following conditions:
1. As recommended in the City Engineer's referral comments dated
June 6, 1994 the applicant shall:
a. The elevation of the site appears to be somewhat greater
than that of roads and properties to the north and east.
Fill may have been placed on site and the natural grade
should be checked as it will determine the allowable top -
of -structure elevation. This area may have once been a
dump and could require special foundation construction.
b. The Plat does not indicate at least two surveyor's
monuments. Two new monuments must be added at the split
line within one year of acceptance. The transformer
should also be shown on the Plat for reference.
C. A boulder located partially on the property and in the
ROW should be investigated for historic and survey
significance.
d. The parcels shall meet storm run-off requirements of
Section 24-7-1004.C.4.f at the time of development.
e. Any work in the public right-of-way including landscaping
shall obtain permits from the City Streets Department.
2. Lots A, B, and the western one-half of C will be the single
family parcel. The eastern one-half of Lot C, D, and E will
be the duplex parcel. Any additional development is required
to comply with the underlying zone district regulations and
growth management. This shall be noted on the Plat.
3. The new Subdivision Plat and Subdivision Exemption Agreement
must be approved by the Planning Office and Engineering
Department and recorded with the Pitkin County Clerk and
Recorder within 180 days of approval by City Council. Failure
to do so may render the approvals invalid.
4. A Sidewalk, Curb and Gutter Agreement shall be executed at the
time the Plat is recorded with the City. This agreement shall
indicate that the property owner will install a sidewalk, curb
and gutter at such time as directed by the City.
5. Prior to the issuance of any building permits, both lots are
required to build an Accessory Dwelling Unit (ADU) at the time
of construction, pursuant to Section 24-7-1003.A.2.b of the
Aspen Land Use Regulations.
6. 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 in the conditions.
2
Section 2: A public hearing on the Ordinance shall be held on the
day of , 1994 at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days
prior to the hearing a public notice of the hearing 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 ,
1994.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
, 1994.
ATTEST:
Kathryn S. Koch, City Clerk
ord.cc.ls.fellman
3
John Bennett, Mayor
Exhibit A
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LAW OFr•iCt'SOF
BROOKE A. PETERSON KAUF11 •XN & PETER SON, P.C.
GIDEON I. KAUFMAN
ERIN L. FERNANDEZ "` 315 EAST HYMAN AVENUE
ASPEN.COLORADO 81611
ROBYN J. MYLER ***
ALSO ADMITTED IN MARYLAND April 26, 1994
"ALSO ADMITTED IN FLORIDA
- ALSO ADMITTED IN NEW YORK
AND CONNECT ICUT
Ms. Mary Lackner
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Lot Split for Lots A, B, C, D, and E, Block 33,
City and Townsite of Aspen
Dear Mary:
TELEPHONE
(303)925-8166
FACSIMILE
(303)925.1090
Pursuant to a number of telephone conversations, and a letter
that I wrote to you on February 18, 1994, please consider this letter
an application for a lot split pursuant to §7-1003.2 of the Aspen
Municipal Code. We are requesting the division of Lots A, B, C, D,
and E, Block 33, City and Townsite of Aspen, as shown on the attached
plat, into two lots of 7,500 sq.ft. each.
No more than two (2) lots will be created by the lot split, both
lots will conform to the requirements of the underlying zone district.
No portion of the property under consideration has been the subject of
an exemption under the provisions of this article, or a lot split
exemption pursuant to §8-104(C)(1)(a). Enclosed please find the
proposed subdivision plat which will be recorded after final approvals
are obtained.
I believe that this lot split meets the requirements of
subdivision in that the division will assist in the orderly and
efficient development of the City, will insure the proper distribution
of development, and encourages well -planned subdivision of land by
establishing standards for the design of subdivisions. It also
improves land records, coordinates the construction of public
facilities, safeguards the interest of the public, and promotes the
health, safety and general welfare of the residents of the City of
Aspen.
Enclosed please find a check in the amount of $1,084.00, a copy
of the title commitment showing ownership, and a letter authorizing me
to proceed with this application. I believe that this application
requires only a one-step process to the City Council.
1 0 0
Ms. Mary Lac-kne _-
April 26, 1994
Page 2
Once you have had an opportunity to review the enclosed, please
contact me about when it will be set for an agenda item. As always,
thank you for your help and consideration.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.,
a Professional Corporation
By__
.k
deon Kaufman
GK/bw
Enclosures
1 k
r
40
BROOKE A. PETERSON
GIDEON I. KAUFMAN
ERIN L. FERNANDEZ "^
ROBYN J. MYLER `•"
ALSO ADMITTED IN MARYLAND
ALSO ADMITTED IN FLORIDA
-ALSO ADMITTED IN NEW YORK
AND CONNECT ICUT
Mary Lackner
130 South Galena Street
Aspen, CO 81611
LAW OFFICES OF
KAUFMAN & PETERSON, P.C.
315 EAST HYMAN AVENUE
ASPEN,COLORADO 81611
May 6, 1994
Re: Fellman Lot Split, C--se 832-92
Dear Mary:
�'i 4V 9
TELEPHONE
(303) 925.8166
FACSIMILE
(303) 925-1090
Please consider this letter a supplement to my application for
the Fellman Lot Split. I wish to identify the duplex lot and the
single family lot.
Lots A, B and half of C will be the single-family lot and half of
C, D and E will be the duplex lot, both of which will be exempt from
Growth Management Plan. This should be reflected in the Ordinance of
Approval so that there will be no misunderstanding when someone goes
for a building permit. The other lot will obviously have to compete
in the growth management plan if a second duplex is to be built.
Thank you for your help and consideration.
Very truly yours,
LAW OFFICES OF KAUFMAN & PETERSON, P.C.,
a Pro e sional Corporation
By.
G d n Kaufman
GK/go
r:
0 Exh
ibit B
Memorandum
To: Mary Lackner, Planning Office
From: Cris Caruso, City Engineer
Date: June 6, 1994
RE: Feliman Lot Split
Upon review of the above referenced application, the Engineering Department has the following
comments:
Site Elevation: The elevation of the site appears to be somewhat greater than that of roads
and properties to the north and east. Fill may have been placed on site and the natural grade
should be checked as it will determine the allowable top -of -structure elevation. This area may
have once been a dump and could require special foundation construction.
Storm Runoff: A condition should be made to the lot split, that development of the
property meet storm runoff requirements of Section 24-7-1004.C.4.f.
Plat: The Plat does not indicate at least two surveyor's monuments. Two new
monuments must be added at the split line within one year of acceptance. The transformer
should also be shown on the plat for reference.
Boulder: A boulder located partially on the property and in the ROW should be
investigated for historic and survey significance.
Vegetation: There is substantial vegetation along the north and east property limits in the
ROW. The Engineering Department recommends this vegetation remain undisturbed. Any work
in the public ROW requires a permit and the applicant's site design should provide for
maintaining the bushes and trees. Removal of trees over 6" in diameter on or off site requires a
permit.
Curb & Gutter: A Curb & Gutter Agreement should be executed indicating that the
property owners will install curb and gutter as directed by the City.
94UU 1.ref
a
40 Exhibit C
Fellman Lot Split Proposal
Section 24-7-1003.2 (review criteria for lot splits)
Lot split. The split of a lot for the purpose of the development
of one detached single-family dwelling unit on a lot formed by a
lot split granted subsequent to November 14, 1977, where all of the
following conditions are met.
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 24,
1969; and
Response: This parcel is configured as the East Aspen Addition of
the City of Aspen which was established prior to the formation of
either the BOCC or City Council. The parcel has not been
subdivided after 1969.
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 Article 5, Division 7,
Replacement Housing Program, the standards of that program
shall supersede these requirements; and
Response: The newly created lots comply with the dimensional
requirements of the R-MF, Residential/Multi-Family zone district.
An on -site accessory dwelling unit will be provided with the
development of both lots. If a duplex is constructed, two ADU's
will be required on the duplex parcel. The applicant has committed
to incorporate the affordable housing mitigation requirements into
the subdivision agreement and to depict this information on the
final subdivision plat.
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 Section
8-104 (C) (1) (a) ; and
Response: The parcel has not been involved in any prior
subdivision exemption actions.
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 Article 8.
Response: The applicant has committed to recording this
information on the final subdivision plat.
cc.rev.ls.fellman
Section 24-7-104(C)(1)(a)
Review criteria for GMQS Exemption for a Lot Split
Lot split. The development of one (1) detached residential
dwelling on a vacant lot formed by a lot split granted
subsequent to November 14, 1977 pursuant to section 7-
1003(A)(2). In order to be eligible for this exemption, the
property need not contain any development on the original lot.
Response: The applicant is obtaining an approval for a lot split
as specified by this code section. As indicated in the applicant's
supplemental application letter, Lots A, B, and one half of C will
be the single-family parcel. The remaining half of C, and Lots D
and E will be the duplex parcel.
40
PUBLIC NOTICE
RE: FELLMAN SUBDIVISION EXEMPTION FOR A LOT SPLIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, July 11, 1994 at a meeting to begin at 5:00 pm before the
Aspen City Council, City Council Chambers, City Hall, 130 S.
Galena, Aspen to consider an application submitted by Thomas
Fellman, c/o Gideon Kaufman, 315 E. Hyman Ave., Aspen, CO,
requesting approval of a Subdivision Exemption for a Lot Split to
create one single family lot and one duplex lot. The property is
located at Lots A, B, C, D & E, Block 33, East Aspen Addition. For
further information, contact Mary Lackner at the Aspen/Pitkin
Planning Office, 130 S. Galena St., Aspen, CO 920-5100.
s/John Bennett, Mayor
Aspen City Council
Published in the Aspen Times on June 24, 1994
-----------------------------------------------------------------
-----------------------------------------------------------------
City of Aspen Account
1 �T
40
r
ASPENTITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO:
City Engineer
FROM:
Mary Lackner, Planning Office
RE:
Fellman Lot Split
Parcel ID No. 2737-182-04-002
DATE:
April 29, 1994
Attached for your review and comments is an application submitted by Thomas Fellman
requesting approval of a lot split for Lots A, B, C, r & E, Block 33, East Aspen Addition.
Please return your comments to me no later than May 27, 1994.
Thank you.
40 40.
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
April 29, 1994
Gideon Kaufman
Kaufman & Peterson
315 E. Hyman Avenue
Aspen, CO 81611
Re: Fellman Lot Split
Case A32-94
Dear Gideon,
The Planning Office has completed its preliminary review of the captioned application. We
have determined that this application is complete.
Please submit the following information:
1. Please address the fact that one lot will be a duplex lot and the other will be a single-
family lot and identify which lot is which.
2. Please return a signed agreement to pay form (enclosed).
We have scheduled this application for 1st Reading before the Aspen City Council on Monday,
June 13, 1994 at a meeting to begin at 5:00 p.m. Second Reading and Public Hearing will be
on July 11, 1994. 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 at least ten (10) days prior to the public hearing. Please
submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing
prior to the public hearing.
If you have any questions, please call Mary Lackner the planner assigned to your case, at 920-
5106.
Sincerely,
Deborah DuBord
Office Manager
mph
APR 22 '94 10c3" KALV& PETERSON 09 P.2
AUTHORI$ATSON TQ 9UDMIT AND I! APPLICATION
THE UNDERSIGNED, as the owner of Lots A, B, C, D, and E,
Block 33, City and Townsite of Aspen, hereby authorizes Gideon
Kaufman, of Kaufman & Peterson, 315 E. Hyman, Suite 305, Aspen,
Colorado, to submit a land use application on my behalf to the
City of Aspen for a lot split of the above —mentioned property,
and to execute any and all documents which may be required to
obtain approval for a lot split.
DATED this **;Z- day of April, 1994.
C:\CLIENTS\EELLMAN\CVNSENT,APP
SCHEDULE A
ORDER NUMBER: 00020731
1. EFFECTIVE DATE: December 16, 1993 AT 8:00 A.M.
2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE
A. ALTA OWNER'S POLICY $ 1,300,000.00
PROPOSED INSURED: THOMAS FELLMAN
B. ALTA LOAN POLICY $
PROPOSED INSURED:
C. ALTA LOAN POLICY $
PROPOSED INSURED:
D. $
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS
COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT THE
EFFECTIVE DATE HEREOF VESTED IN:
HARRY W. BASS, JR. AND R. D. BASS
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
Lots A, B, C, D and E, Block 33, EAST ASPEN ADDITION TO THE CITY
OF ASPEN.
County of Pitkin, State of Colorado
OWNERS: $ 2,792.00
TAX CERT. $ 10.00
��W/ LAL��zC-"Z-
A'UTHORIZED SI NATURE
STEWART TITLE OF
ASPEN, INC.
620 E. Hopkins
ASPEN, COLORADO 81611
303 925-3577
FAX 303-925-1384
0 0
SCHEDULE B - SECTION 1
ORDER NUMBER: 00020731
REQUIREMENTS
THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS
OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED.
ITEM (B) PROPER INSTRUMENTS) CREATING THE ESTATE OR INTEREST TO BE
INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT:
1. Evidence satisfactory to Stewart Title Guaranty Company,
furnished by the Office of the Director of Finance, City of
Aspen that the following taxes have been paid, or that
conveyance is exempt from said taxes:
(1) The "Wheeler Real Estate Transfer Tax" pursuant Ordinance
No. 20 (Series of 1979) and (2) The "Housing Real Estate
Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990).
2. A. Certificate of non -foreign status, duly executed by the
seller(s), pursuant to Section 1445 of the Internal Revenue Code
AND
B. Satisfactory evidence of the seller(s) Colorado residency
(or incorporation) pursuant to Colorado House Bill 92-1270.
NOTE: Section 1445 of the Internal Revenue Code requires
witholding of tax from sales proceeds if the transferor (seller)
is a foreign person or entity. Colorado House Bill 92-1270 may
require witholding of tax from sales proceeds if the seller(s)
is not a Colorado resident. Detailed information and Forms are
available from Stewart Title.
3. Duly acknowledged release by Richard D. Bass, Jr., Bonnie L.
Bass Smith, Barbara J. Bass Moroney and James E. Bass of
Mortgage from Richard D. Bass in favor of Richard D. Bass, Jr.,
Bonnie L. Bass Smith, Barbara J. Bass Moroney and James E. Bass,
for and in consideration of those certain Indemnity Agreements
dated October 5, 1988, dated January 5, 1989, recorded January
17, 1989 in Book 583 at Page 794 as Reception No. 307933.
4. Duly acknowledged release by James E. Bass of Mortgage from
Richard D. Bass in favor of James E. Bass, in the amount of
$400,000.00, dated January 5, 1989, recorded January 17, 1989 in
Book 583 at Page 798 as Reception No. 307934.
5. Deed from vested owner, vesting fee simple title in
purchaser(s).
to 0
SCHEDULE B - SECTION 2
EXCEPTIONS
ORDER NUMBER: 00020731
THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE
FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF
THE COMPANY:
1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE
PUBLIC RECORDS.
2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC
RECORDS.
3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA,
ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND
INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT
SHOWN BY THE PUBLIC RECORDS.
4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL
HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT
SHOWN BY THE PUBLIC RECORDS.
5. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS,
IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR
ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR
TO THE DATE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS
COMMITMENT.
6. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO WATER.
7. ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED TAX
SALES.
8. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER
CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER
DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT
AREA.
9. Right of way for ditches or canals constructed.by the authority
of the United States, as reserved in United States Patent
recorded August 29, 1958 in Book 185 at Page 69 as Reception No.
106874.
NOTE: Provided that Stewart Title of Aspen, Inc. records the
documents of conveyance in the proposed transaction the status
of title will be updated from the time of this commitment to the
time of said recording. If said update reveals no intervening
liens or other changes in the status of said title Exception No.
5 herein will be deleted; if said update reveals intervening
liens or changes in the status of said title appropriate
action(s) will be taken to disclose or eliminate said change
prior to the recording of said documents.
NOTE: Policies issued hereunder will be subject to the terms,
conditions, and exclusions set forth in the ALTA 1992 Policy
form. Copies of the 1992 form Policy Jacket, setting forth said
terms, conditions and exclusions, will be made available upon
request.
h1A`r'-03-1994 1 h 59 FROf'1 ASPEhJ P I TK I N SLUG UEPT TO P . O
t.
.A► SPEN/PITKIN PLANKING OFFICE
Agreem ,nt for Payment of City of Aspen Development -Application Fees
CITY OF ASPEN (hereinafter CITY) and Thomas H. Fellman
(hereinafter APPLICANT) AGREE AS FOLLOWS:
APPLICANT has submitted to CITY an application for
Fellman Lot Split, Case 832-92
(hereinafter, THE PROJECT).
?. APPLICANT understands and agrees that City of Aspen Ordinance
No. 77 (Series of 1992) establishes a fee structure for Planning Office applications
and the payment of all processing fees is a condition precedent to a determination
of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the toll
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITE.' staff to complete processing or present sufficient information to the
Planning Commission and/or City Council to enable the Planning Commission
and/or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
BkUHUI'lUiQLL0H-1ENT TEL:402-392-2502
10 `_I c{ 1u 1 I -I
0
MAY-03-1994 1?:00 FROM ASPEN/PITKIN BLDG DEPT
J
TO 9-9251MO P.04
5. Therefore, APPLICANT agrees that in consideration of the CTY's
waiver of its right to collect full fees prior to a determination of application
completeness, APPLICANT shall pay an initial deposit in the amount of $
which is for hours of Planning Office time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to reimburse the CITY for the processing of the application mentioned
above, including post approval review, Such periodic paywents shall be made
within 30 days of the billing date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN
Bp:
Dune Moore
City Planning Dilred"
Post -It" brand faxtransmittal memo 7671
r.fax of pages .
, x i�� r
Fro l� ll
Co. 1
Co.
Dept.
Phone M
Fax #
Fax M
APPUCA,Ni'
B I J` M, bL__ �_ I,- a
Ailing Address: 1 ,5-
Date: S
TOTAL P.04
SIG • d ' 3 ' d- `W0SH313d CM i.UWJr�N SC: TO 131. 02 "
& .
•
5759�4 B-765 F'-97 10/371/94 1`:49F' F'C 3OF
STATE OF NEBRASKA
ss.
COUNTY OFS )
The foregoing instrument was acknowledged before me this day
of October, 1994, by THOMAS H. FELLMAN.
WITNESS my hand and official seal.
My commission expires:
Notary Public
XNjC
RAL NOTARY -State of kkaka
CYNn" A. LAPIER
6* f k 1M7
- 3 -
375934 B--765 R--977 031/94 1.2:,:49R PG c f:)(- •
7. Prior to issuance of any building permits, Lot 2 shall
obtain approval for an Accessory Dwelling Unit (ADU), pursuant to
Section 24-7-1003.A.2.b of the Aspen Land Use Regulations.
8. All materi-il representations made by Applicant in the
application and during public meetings with the City Council shall be
adhered to, and shall be considered conditions of approval, unless
otherwise amended in the conditions.
DATED this .2( day of October, 1994.
TYROAMIAS H. FELLMAN
APPROVED AS TO FORM:
A"aiCti-z ,/.0
City Attorney
CITY OF ASPEa municipal
corpg-r-_ation i
By
Augie Reno, Mayo- 7��Pro-Tem
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exemption from the Full Subdivision Process for the
Purpose of the Split of Lots A, B, C, D, and E, Block 33, East Aspen
Addition to the City of Aspen, was considered and approved by the
Aspen City Council at its regular meeting held July 11, 1994, at which
time the Mayor, John Bennett, was authorized to execute the same on
behalf of the City of Aspen. %
Kathryn Koch, City Clerk
STATE OF COLORADO
Ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this L/:�-day
of October, 1994, b� John Bennett, as Mayor, and Kathryn S V?g0)g�, as
City Clerk, on behalf of the CITY OF ASPEN, a municipal .^Wii4porat1l�rn.
WITNESS my hand and official seal. �.
My commission e n i r e s: My Camla bn expires 9/27/96 t
:.h
N ary Pub is 0
(ADDITIONAI NOq'ARY ACKNOWLEDGMENT FOLLOWS ON PAGE 3)
- 2 -
..
375934 B- 7h5 i -9 1.0/3 1 /94 1 : 49P IDU 1 01- ry REC DOC
SILVIA DAVIS PlITKIN COUNTY CLERK'. & RECORDER 15.00 Y7 f'C
STATEMENT OF EXEMPTION FROM THE FULL SUBDIVISION PROCESS FOR
THE PURPOSE OF THE SPLIT OF LOTS A. B, C. D, and E, BLOCK 33,
EAST ASPEN ADDITION TO THE CITY OF ASPEN
WHEREAS, THOMAS H. FE� L_ N (hereinafter referred to as the
"Applicant"), is the owner of a parcel of real property located in the
City of Aspen, Pitkin County, Colorado, described as Lots A, B, C, D,
and E, Block 33, East Aspen Addition to the City of Aspen; and
WHEREAS, Applicant has requested an exemption pursuant to Section
24-7-1003.A.2 of the Muncipal Code of the City of Aspen of a split of
such lot (the "Lot Split"); and
WHEREAS, the Aspen City Council determined at its meeting of July
11, 1994, that such Exemption was appropriate and granted the same,
subject, however, to certain conditions as set forth below.
NOW, THEREFORE, the City Council of Aspen, Colorado, does
determine that the application for exemption from the full subdivision
process for the purpose of the above -described Lot Split is proper,
and hereby grants an exemption from the full subdivision process for
such Lot Split.
PROVIDED, HOWEVER, that the foregoing subdivision exemption is
expressly conditioned upon:
1. The elevation of the site appears to be somewhat greater
than that of roads and properties to the north and east. Fill may
have been placed on site, and the natural grade should be checked as
it will determine the allowable top -of -structure elevation.
2. The parcels shall meet storm run-off requirements of Section
24-7-1004.C.4.f at the time of development.
3. Any work ii, the public right-of-way, including landscaping,
shall obtain permits from the City Streets Department.
4. Lots A, B, and the western one-half (1/2) of C, will be the
single-family parcel. The eastern one-half (1/2) of Lot C, D, and E
will be the duplex parcel. Any additional development is required to
comply with the underlying zone district regulations and growth
management. This shall be noted on the Plat.
5. That the Final Plat of Lot Split (the "Final Plat")
depicting the Lot Split and this Subdivision Exemption Agreement must
be approved by the Planning Office and the Engineering Deparment, and
recorded with the Pitkin County Clerk and Recorder within one hundred
eighty (180) days of the approval date thereof.
6. A Sidewalk, Curb and Gutter shall be constructed prior to
the issuance of a CErtificate of Occupancy for the residence on each
lot.
- 1 -
1 6 �
City of Aspen
Pre -Application Conference Summary
I" c l 1471_0 3 L VY
Mariner Date
Project C of fG' �C Y
Applicant's Representative " c ,-,
Representative's Phone qW5 ,
Owner's Name ,-> TA- ien
Type of Application
Description of the project development being requested
,�;/,-t•� 3 3 lt��s �1 - L=_ _ /SYJ�%L� is, ,L 1LIf ��n.,y �/i r /lc'
The applicant has been rcqucstcd to respond to tlic following items and provide the following
reports:
Land Use Code Section
7/1-r3�1i)(a)
Referral Agencies
,CA 4/ yYZ
Comments
r� �y ZL, :ice Yfuer t ,S -
The review is: (P&Z only) C onl (P&Z and CC)
Public Hearing: (yes) no 0n (60-1 1Wel11 el V Mr'Gf CG
Deposit for the Application Review:
lZeferral agency flat fees:
TOTALDisPOSIT U
(Additional hours are billed at a rate of 16 ir.)
To Apply Submit the IF01101ving Information:
Proof of ownership.
Signed fee agreement.
Applicant's name, address and telephone number in a letter signed by the applicant
which also states the name, address and telephone number of the representative.
' 'Ibtal deposit for review of the application $ / .
7 copies of the complete application packet and maps.
Summary letter explaining the request (existing conditions and proposed uses), including
street address and legal description of the property.
An 8 1/2" by I I" vicinity map locating the parcel within the City of Aspen.
L$J Site plan shall include property boundaries, lot size, proposed access, and physical
features (drainageways, streams, rivers, etc.)
10.
'I'hese items need to be submitted if circled:
/l.i / -> a. List of adjacent property owners within 300 feet of the subject property with addresses.
ff 01) ,h': Site photos.
Proof of legal access to the parcel.
�. Historic Preservation Commission review/approval.
TELEDYNE POST N77582
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+NOTICE accords, to Colorado law you must commence any legal action based Alpine Surveys, rveyed ��s
Inc.. upon any defect in !hs survey within three years after you first discover such defect. Drafted
q ,! �7
in no event may any action based upon any defect in this survey be commenced n,, /1s Box
4 - 15 l `T V
more than ten years from the date of the certification shown hereon. Post Office X 1730
Aspen, Colorado 81611
303 925 2688
FELLMAN
LEGAL DESCRIPTION
L-Oi5 A, (�, G, 1") � E , 13Lc c+-,
EAST ASPEN AMIITICN TO THE. GI-fY OF ^5PEN,
P I TK I W COUNTY,
ENGINEERS APPROVAL
THlS PLAT OF THE FELL(vAN LOT 5P1-tT IS APPROVED
THE. CITY F-t- I("EE.tZ OF- THE. G(TY 0F.A5PEN
-M(COPAY Gt I1rg4,
CITY ENGINE,
PLANNING DIRECTOR'S APPROVAL
TNtS PLAT OF THE. f EF-L -MAN LOT 5PL1-T 15 APPROVED
f�)Y I -OF- PLA-NN ItA-- PIREC.TOt, 1=01"r, T1-{E C MY OF
ASPEN THIGi DAY OF fgg4.
M-ANNING PIKE.C7LDF,
CITY COUNCIL'S APPROVAL
f7ll� PLAT of THE MLLMf'.N LOT 5PL.(T WWAei
,A.PPR0✓ED r5Y -THE CITY COLk,G(L OF THr- GlTY
EXECUT>`.O TN(5 DfiY DF 14�t4.
NOTES
�Y
MAYOR
AT TEST :
CITY CLE.iZ}•�
LOT SPLIT
OWNER'S CERTIFICATE
KNOW ^LL ME.N T3Y THE-51=. rt+-(AT
71--IOMAS P. Ff�:LLMAN, P,)E(IJG '-T1-lF-- OWNF-R Cf�
THE PROPI=RTY SHOWN t 1EREON 1O HERI= Y
KE! VTA JDI VI DE. - 44F- 5AMn INTO LLJirD I �, 2 A6
51--OWN rrEiT-r1E0N.
Tl-IOM, <zb H. FELL -AN
STf�T>= Off' GOt-.OfzAl"�O�
CIJVNTY' �� PfTKIN S.S.
T-HE:-F0KF:C'0(NC— OWN1=R5 CF.RTw(CR-TTE W/4`
AcKIJOwi--F- ;c .v r-�F-OKE. MC `r"i5 PAY OF
10r,14 nY -FHOM S 4-A. F'E Ll. MA4.1.
YVITNE� MY +-iAN17 el, OFFICIAL SEAL.
MY COMMIT ✓lON EXPIRES:
NL7TAfLY �t3LIG
SURVEYOR'S CERTIFICATE
z , JAMS �'. K>✓S�.R , RO r-I ECZE f3Y GEKT I �"l' T[-la"(
T1-It5 MAP ACCUK/lTELY T�E.PIGT� >d. SUf�VE.Y t�L'.T7E
UN(7�R M'f SUPEr<VI510N bt�l (iq4,
0r= TI--IE f'fzOPE•rzTY Sf-tOtNN +-I�E.ON ,
�1..1'I t�lE. SURVI=YS, I NG, PAY • OAN1 i=.S � R-E.51✓�
DA-ice'
TITLE CERTIFICATE
STEWAIZT TITLE OF ASPETI, ING., A LICENDF70
T(TLU� (N5UKAt.10E CONIPAN'f IN Tl-tE. STATE OF
GOT.-OFAPO, NEKE5Y G!✓IZTIEI?=5 TI4,4,tr TITLE. TO
THE Fz!✓AL PROPERTY DF-5CKII3ED HEr-E.CN ('�)
VESTEW IN-THOMPE5 H, FE.LL.MAIJ, SUI3c7F-GT TO
LII=i�15 E.NCUMT�t�At�'E.5 � oT�I>✓rZ M�.TTi=.T��
OF Rf Cf 17.
�X�GVTEi7 Tl-I(`�_�AY c�F 1�1�-4-
STf�'WAKT TITLE OF/ --(,PEN 11\r-
(3Y
CLERK & RECORDER ACCEPTANCE
T7-I ('D rL-AT n HF-KF-PtY ACC J=.PTE-T7 Fob P I L (NCB
IN TI4F- OF-FIGE OF 74-(i�-7 PITi<IN COUNTY CLE.1<-tt.
�, RECOKi7E.tZ Ai"_O'GLOCK t.�l. T�-f!`�
I:2AY OF (R�� , ¢r 17ULY FILFP
IT�f PLAT C'>G)� AT PALS
'K�EPT(ON ND.
Title FELL -MAN LOT SPLIT
GLERt< -tI REC0IZT7EIZ
Job No 14 zo
Client 1'ELL M4A-N