HomeMy WebLinkAboutcoa.lu.sr.Doremus.1984,0 • Qj,� DOREMUS - Plat Amendment
Lots P, Q, Blk 43 1984
Sce-� 'D��Vct
CASELOAD SUMMARY SHEE`i'
City of Aspen
CASE NO.
STAFF: Lo�eC
PROJECT NAME: %�r'G/iiI)_•.r `�C:
APPLICANT: ��r, ��y7 c' I / ! r ii r Phone:
REPRESENTATIVE: !i . %�/%r� % /� Phone:
TYPE OF APPLICATION: (FEE)
I. GMP/SUBDIVISION/PUD (4 step)
1. Conceptual Submission ($2,730.00)
2. Preliminary Plat ($1,640.00)
3. Final Plat ($ 820.00)
II. SUBDIVISION/PUD (4 step)
1. Conceptual Submission ($1,900.00)
2. Preliminary Plat ($1,220.00)
3. Final Plat ($ 820.00)
III. EXCEPTION/EXEMPTION/REZONING (2 step) ($1,490.00)
IV. SPECIAL REVIEW (1 step)
1. Special Review
2. Use Determination
3. Conditional Use
—� 4. Other:
($ 680.00)
P&Z MEETING DATE: CC MEETING DATE: MN—�-7.tu DATE REFERRED: 7 3
I
REFERRALS:
-,/ City Attorney
City Engineer
Housing Director
Aspen Water Dept.
City Electric
Environmental Hlth.
FINAL ROUTING:
✓ City Attorney
Other:
FILE STATUS AND LOCATION:
Aspen Consol. S.D.
Mountain Bell
Parks Dept.
Holy Cross Electric
Fire Marshall
Fire Chief
City Engineer
Other:
School District
Rocky Mtn. Natural Gas
State Hwy Dept. (Glenwood)
State Hwy Dept. (Grd. Jctn)
Building Dept.
Other:
DATE ROUTED:
Building Dept.
•
DISPOSITION:
CITY P&Z REVIEW: 1
' r �
CITY COUNCIL REVIEW:
I i
1 ; .
r'
�jr•J �O i- t Ordinance No
CITY P&Z REVIEW:
CITY COUNCIL REVIEW:
Ordinance No.
CITY P&Z REVIEW:
CITY COUNCIL REVIEW:
Ordinance No.
•
•
TO:
FROM:
RE:
MEMORANDUM
Aspen City Council
Colette Penne, Planning Office
Doremus Plat Amendment
DATE: April 2, 1984 APPROVED AS TO FORM:
LOCATION: Lots P and Q, Block 43, City and Townsite of Aspen
(Sleeker Street, between 2nd and 3rd Streets)
ZONING: R-6
APPLICANT'S REOUEST:
Subdivision exception approval to record a plat which conveys a seven
inch (7") wide strip to Lots R and S.
REFERRAL COMMENTS
The City Attorney's Office recommends expeditious approval.
The City Engineering Department's memo outlines a number of technical
corrections that need to be made on the subdivision plat prior to
recordation (memo attached).
PLANNING OFFICE REVIEW:
Lots R and S (adjacent to Lots P and Q) are built upon, including
a shed which encroaches seven inches (7") onto Lot Q for a distance
of about forty-one feet (4l'). The shed has existed for approximately
fifteen (15) years.
The improvement survey and map relied upon by Mr. Doremus and his
partners in purchasing Lots N, 0, P and Q, in March of 1982, showed
a retaining wall but no encroachment from Lot R. The error in the
survey was not corrected when a lot split plat was approved in October
of 1982. In December of 1982, Doremus acquired full title to Lots
P and Q, conveying full interest in Lots N and 0 to his former partners.
Doremus requested and was granted a setback variance from the Board
of Adjustment on February 9, 1984, based on the hardship the survey
error created. The Board of Adjustment felt that the plat correction
was outside their jurisdiction and recommended that the subdivision
exception process be utilized. The City Attorney's Office agreed.
Doremus is conveying an easement to the owner of Lots R and S for
the seven inch (7") strip. Since this conveyance is in the form
of an easement, the'area is not deleted from the lot area of Lots
P and Q (6,000 s.f.) and the parcel remains conforming in the P.-6
zone.
It is the opinion of the City Attorney that this procedure of subdivision
exception must be followed to correct the error and to record a sub-
division plat.
PLANNING OFFICE ECOMM M$'j'_JQ _ i�ID COUI]CI� A_CTION
The Planning Office recommends the following action:
"I move to approve subdivision exception for the purpose of
correcting a survey error and recording a subdivision plat with
the conveyance of an easement seven inches (7") by forty-one
feet (4l') from Lot Q to Lot R with the condition:
1. The survey requirements outlined in the Engineering
Department memo dated March 13, 1984, be completed
prior to recordation."
•
MEMORANDUM
TO: Col ette Penne, Pl anni ng Of f i ce
FROM: Chuck Roth, City Engineering Department
DATE: March 13, 1984
RE: Doremus Plat Amendment
Havi ng reviewed the above application and havi ng made a si to
i nspecti on, the Engi neeri ng Department has the fol 1 owi ng comments:
1. The descriptions of the encroachments are incomplete. There
is a wood fence on top of the concrete retai ni ng wal 1 . The
wood fence does not extend the entire distance of the concrete
retai ni ng wal 1 . The concrete wal 1 i s not completely described
di mensi onal 1 y. Provi de di mensi on to south property boundary
and locate wood fence also with second di mensi on. Also, t':ere
is another wood fence encroaching from Lot R which butts into
the retai ni ng wall at the southerly end. Please show thi s on
the plat.
2. There is also a wooden fence along the north boundary of
the appl i cant' s parcel whi ch must be shown.
3. The northeast corner of the parcel must be monumented with
a witness corner. A letter from the surveyor stating that this
will be done during the upcoming construction season will need
to be submitted to the Engi neeri ng Department prior to this
department's si gni ng of the plat.
4. I ncl ude a vi ci ni ty map on the f i nal pl at.
5. Indicate the adjacent Lot R and that it is unpl atted, and
i ndi cate that adjacent Lots N and 0 are a parcel and platted,
indexed at the County Cl erk' s Of f i ce as Aspen Ci ty of, Bl ock
43, Lots N-0�—, I ndi cate that the al 1 ey i s of Bl ock 43, Or gi nal
Aspen Townsi te.�� Su6c(iv15iov% EAcePtiorl,
6. In the City Certificate, please change the language to:
approved . . . the _____ day of 1984. Signed
thi s ________ day of 1 984. "
7. There are a goodly number of mature trees and shrubs on
the property along the easterly and northerly boundaries. Please
i ndi Cate these on the f i nal pl at. Sect on 1 3-76 of the code
requires a permi t for the removal of any tree with diameter
larger than 6" measured 4 1/2 feet above grade.
r.
Page 2
March 13, 1984
Doremus Plat Amendment
8. Provide a Title Statement Certificate. Language is avai 1 abl e
from ,the Engi neeri ng Department.
9. I/n at least one instance, a tit 1 e company has required a
Mortgagee's Statement on a final plat. The applicant may want
this on his plat.
10. In order to be consistent with the on ginal plat recorded
at the County Clerk's Office, please clearly i ndi cate that the
ti tl e of thi s pl at i s: Fi rst Amendment to the Ci ty of Aspen,
Block 43, Lots N-0, Subdi vi si on Exception. Also, beneath the
t i t 1 e, i ncl ude the f of 1 owi ng or si mi 1 ar 1 anguage.
Thi s pl at depi cts on] y changes to the on gi nal
plat. Reference is hereby made to the on ginal
f i nal pl at f or al 1 i of ormat i on not shown on thi s
amended plat.
11. In regards to the applicant's request for a rebate on the
.unused' port i on of the $680 f i 1 i ng fee, please account the
Engi neeri ng Department for three hours at $35 per hour of that
f ee.
CR/co
cc: Jay Hammond, Assistant City Engineer
•
•
MEMORANDUM
TO: City Attorney
City Engineer
FROM: Janet Weinstein, Planning Office
RE: Doremus Plat Amendment
DATE: March 7, 1984
Attached for your review is an application submitted by J.D. Muller
on behalf of John Doremus requesting subdivision exception to amend
a recorded plat. The amendment to the plat would record an encroachment
easement between Lots P and 0, Block 43, City and Townsite of Aspen.
Due to the simplicity of this application, the Planning Office has
agreed to expedite its review of this case, and therefore we have
scheduled it before City Council on March 26, 1984. Please
review this material and return your comments to Colette Penne no
later than March 14, 1984.
Thank you in advance for your prompt attention to this matter.
0
6 March 1984
J.D. MUH ER I
ATTORNEY AT LAW
JEROME PROFESSIONAL BUILDING
201 NORTH MILL STREET
MAILING ADDRESS: P.O. BOX 4361
ASPEN, COLORADO 81612
TELEPHONE: 303/ 92S 1923
City Council of the City of Aspen
130 S. Galena St.
Aspen CO 81611
Application for Exception from full Subdivision Procedure
To the Council:
I represent John Doremus who is the owner of Lots P & Q,
Block 43, City and Townsite of Aspen, according to the
Subdivision Exception [Lot Split] Plat for Lots N & 0 - P & Q,
recorded December 16, 1982, in Plat Book 14 at Page 23. Adjacent
Lots R & S are owned by C.M. Clark, whom I do not represent or
speak for in any way. Lots P & Q are vacant except for a
concrete retaining wall on Lot Q running next to the Q-R lot
boundary line. Lots R & S have improvements, one of which, a
shed, encroaches a strip approximately 7 inches onto Lot Q for
about 41 feet. The shed roof is built against the retaining wall
surface. The shed has been in place at least fifteen years. The
draft exception plat submitted with this application shows the
area of the encroachment.
Doremus and the present owners of Lots N and 0 purchased as
tenants in common, Lots N,O,P and Q on March 5, 1982 in reliance
on an improvement survey and map prepared in February 1982, which
map showed their seller's retaining wall, but showed no
encroachment from Lot R at all. This same survey error was
carried forward onto the lot split plat which was approved by
City Council on October 10, 1982. In December 1982, Doremus
acquired full title to Lots P & Q, and conveyed all his interest
in Lots N & 0 to the present owners, his former cotenants.
Because of deep snow, the area of the encroachment was not
staked when the improvement survey was originally made. When the
boundary was later staked, the encroachment showed up. Clark
claimed the strip by adverse possession and Doremus's predecessor
in title claimed that the adverse possession period had not run,
and that Doremus had good title. The City Attorney's Office took
the position that any conveyance by Doremus to Clark of fee
title, easement or even license to the 7-inch strip would
constitute a subdivision, requiring a second lot split. In
addition, the Building Department found that under the Building
Aspen City CounciIR •
Page 2
6 March 1984
Code the encroachment made vacant Lot Q "occupied" with a
building such that additional fire wall protection would be
required for any "additional" buildings built to the 5-foot
setback. Also, the encroachment determined the point from which
the setback would be calculated, such that an additional 7 inches
of setback would be required for the length of the shed.
In an effort to solve the matter without having to litigate
title to a 7-inch strip, Doremus requested a setback variance
from the Board of Adjustment, and a determination that the strip
was too small to be considered a subdivision, should it be
conveyed to Clark in settlement of their dispute. (Previously
Doremus had found a solution to the Building Code problem in the
form of a fire protection parapet to be constucted atop the
existing retaining wall.) On February 9, 1984, the Board of
Adjustment granted the variance (based on the hardship the
surveyor's error created), but refused to take jurisdiction of
the subdivision question, stating that the subdivision exception
process was the remedy provided in the Municipal Code.
Doremus would like to give Clark an easement covering the
7-inch strip shown on the enclosed draft exception plat. For the
purpose of conveying that easement, and so "subdividing" Lots P &
Q, Doremus requests an exception from all requirements and
procedures of Chapter XX of the Municipal Code except the
preparation of an exception plat and approval of it by City
Council. He also requests a rebate of that portion of his $680.00
filing .fee not actually expended in processing this application.
I have read the above
are true to the best of my
State of Colorado
County of Pitkin
Sincerely,
J.D. uller
VERIFICATION
application and the facts it states
knowledge and belief.
/11 n Doremus
The f_oregoin was subscribed and sworn to before me this
��� day of _ L�. 1984, by John Doremus.
• •
Aspen City Council
Page 3
6 March 1984
Witness my hand and offic a; seal.
My commission expires: Sy<
My address is:
STEVJART TITLE OF 2PEN, INC.
60' E. HYMAN
-ASPEN, COLORADO 81611 Not Pub is
(303) 925-3577
�I
STATEMENT OF EXCEPTIOrq FROM rHE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF A "LOT SPLIT" AND FOR MAKING CHANGES TO A
RECORDED PLAT, ALL PURSUANT TO SECTION 20-19 OF THE
ASPEN MUNICIPAL CODE
WHEREAS, the applicant, John Doremus, who is the record
owner of
Lots P & Q, Block 43, City and Townsite of Aspen,
according to the Subdivision Exception Plat of Lots N &
O - P & Q, recorded December 16, 1982, in Plat Book 14
at Page 23, of the records of the Clerk & Recorder. of
Pitkin County, Colorado
has applied for an exception from the full subdivision process
for the purpose of a "lot split" to enable him to convey an
easement for an encroachment to the owner of adjacent Lots R & S,
covering a strip of land on Lot Q along the Q-R lot boundary
approximately 7 inches wide by 41 feet long; and,
WHEREAS, through a survey error, the above encroachment was
not shown on the Subdivision Exception Plat mentioned above, and
Doremus wishes to amend the said plat to show the encroachment
strip which is the subject of the "lot split" mentioned in the
preceding paragraph; and,
WHEREAS, the Aspen City Council found that the said "lot
split" and amendment are so minor in kind and extent that all
standards and requirements of Chapter XX of the Municipal Code
except the preparation of an exception plat and review by City
Council, would be redundant, serve no public purpose and be
unnecessary in relation to the land use policies of the City of
Aspen under the facts and circumstances presented in the
application for this exception, and found that, notwithstanding
the exception, the proposed subdivision would substantially
comply with the design standards of Chapter XX; and,
WHEREAS, the City Council at its meeting of
1984, based on the above findings, determined that the
applicant's request for such exception was appropriate and
granted said request,
THEREFORE, the City Council of Aspen, Colorado, does, by
this resolution, determine that the applicant's request for
exception from the full subdivision process for the purpose of a
"lot split" and an amendment to a recorded plat is proper and
hereby grants an exception from the full subdivision process for
such "lot split" and plat amendment, pursuant to Section 20-19 of
the Aspen Municipal Code, as amended.
Dated this day of 1 1984.
•
•
ATTEST:
Kathryn S. Koch, City Clerk ^
Approved as to form:
Office of the City Attorney, by,
William L. Stirling, Mayor
I, Kathryn S. Koch, do hereby certify that the foregoing
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE
PURPOSE OF A "LOT SPLIT" AND FOR MAKING CHANGES TO A RECORDED
PLAT was considered and approved by the Aspen City Council at its
regular meeting held , 1984, at which time the
Mayor was authorized to execute the same on behalf of the City of
Aspen.
Kathryn S. Koch, City Clerk
FEET
LOT
<rRVEYOR•S CF.IrrIFICATF
I, Harold W. Johnson l.1 h:,scn L„nyfellaw a Assr,c.l, a t,eyisatred
5 ,�j'1'PyAr in tho Stats d�f r'c,loraalo, do hereby certify that this
plat sas Vreparod rindler my dirAct supervision .,nd is true and
arc -crate to the bent of ray kn-wl—life a.'d I.Ii -t.
TIo✓r`9018
.?arot�
STATE. (N (nvnuew r ras
r`!WW" rt► PI-9111 1
I brr,.by `''at this S,sb.!rvrsi„n Fx,",•l,t ion Plat of Lots
y L O 'c-'pted for filmy in my office at y
r'1,, ,
.,y �K '?N2 ,r:d ua, duly file to Pl.,t.
W 0
s 0
ALLE Y
• -0 BLEEKER STREET
i
t•PRTIFTCATE OF 11WN, V';HIP AND S>t'U!r'ATI' N
John fh-r,:nus, D-11C P„tvtr. .,nd -,ally A!1.•r.
• W11115 of L„ts N, 0, P, r. 0, N-1,•ck 41, 1, •
Of, hoti•by !,plit. th,• .*hove ,?rse-t rLvd i.t. i ` .
T, is N a 0 .tnd Lots P i 0 ind (it,
,;,t:. �}n: 'ni•.,..i:r. r,id,•l•nrd' tIaj
,
DdI per` vin
�.14v ,
Sally Al Vii f "vr^
ETATL of :;,ujo I
COUNTY OF , I, F IN
1 "� d
Tile r� y, {: y i ,t as -a.=rrt,wlcdyFd before me this a ,?.r:
o l'tirr,ala , 1 r)92.
Ki ss my hared a"d of"r'r,l ,•il.
K}�" ''mirsioy , xPireS• 1111C
1 t
My
BOARD OF ADJUSTNt:NT
This Subdivision Excei,t ion Plat of T.ot a O
with the ^minimum sideyard" s" t_ba { wn r >n by ,ard of
Adjustm,•nt, City of Aspen, thi 5_ y of 29
('H
CITY ENGINEER'& APPROVAL
This Subdivision Fxr'eption Pla It. of Luts N i O - P L 0 was approved
by the City F"nyineer, City of Aspen, t __day of 1982.
t'IT —k
PLANNING AND ZONIN:; APPROVAL
This Subdivision Exception Plat of Lots N & O - P : Q. was a roved
by the City 0f Aspen Pl.Inniny <xnd 7oniny Coo mission this j y of
1982. -
f�yw- i
t •H A
PARKS APPROVAL
This Subdivision Fxception Plat" of Lots N i O P a 0, w �FProve3
by the City of Aspen Department. of rarks this AiRday of "2.
ASPEN CITY C(AU'l L APPROVAL: AVID At"(*Fl` 'ANC1:
Th;-s subdivision Exception PlaB tots :1 O P If 0, was approved
by the Aspen t'ity Courtri! this # day o1 19R2.
17
LOT SPLIT
LOTS N ®O - LOTS P & O
BLOCK 43
ASPEN. COLORADO
1 JOHNSON. 1,0416FELL000 O A$Sn' t1t:
s`• ••• swarrass r ,.
It
K&E 19 1154 84254
0
•
•
DRAFT
First Amended Plat (An Fxception Plat)
to the
Subdivision Exception Plat of Lots N & O - P & Q
(recorded in Plat Book 14 at Page 23)
covering Lots N,O, P & Q, Block 43, City and Townsite of Aspen
i
SET=
REBAR W/ PLAS. CAP
A L IL E Y
SET
PK NAIL IN ROOF
JC 1; St 1:
CITY MONUMENT REBAR WI PLAS. CAP REBAR W/ PLAS.CAP REBAR WIPLAS.CAP
L.S. 9184 L.S. 20151 L.S. 20151
iLD�� w 11 n E K E 1L o
CITY ENGINEER'S CERTIFICATE
This First Amended Plat was approved by the City Engineer of
the City of Aspen, State of Colorado, this day of
March, 1984.
City Engineer
CLERK & RECORDER'S CERTIFICATE
This First Amended Plat was accepted for filing in the office
of the Clerk & Recorder of Pitkin County, Colorado, at
o'clock .M., on this day of March, 1984,
and was duly filed in Plat Book at Page with
Reception No.
CERTIFICATE OF OWNER
John Doremus, the record owner of Lots P & Q, Block 43, City
and Townsite of Aspen, according to the Subdivision Exception
Plat of Lots N & O - P & Q, recorded at the book and page stated
in the above CITY COUNCIL APPROVAL OF AMENDED PLAT, hereby
acknowledges the encroachment noted on this First Amended Plat
(An Exception Plat), and certifies that except for that matter,
as shown on this plat, the Subdivision Exception Plat of Lots N &
o - P & Q, recorded in Plat Book 14 at Page 23, remains in full
force and effect.
Date:
John Doremus
State of Colorado
County of Pitkin
The foregoing instrument was acknowledged before me this
day of March, 1984, by John Doremus.
Witness my hand and official seal.
My commission expires:
My address is:
Notary Public
NORTH
0 5 10 20 30 40 50
SCALE: I" = 10'
BASIS OF BEARING: FOUND MONUMENTS AS SHOWN
I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTSA
SURVEY MADE UNDER MY SUPERVISION ON AUGUST23,1983,OF
LOT P&Q, BLOCK 43, CITY OF ASPEN,COLORADO.
ALPINE SURVEYS by; DANIEL F. MCKENEIE
DECEMBER 21 st,1983 L.S. 20151
44 t 1W�st,
'�ooJB�
CITY COUNCIL APPROVAL OF AMENDED PLAT
This First Amended Plat (An Exception Plat) to the
Subdivision Exception Plat of Lots N & O - P & Q, recorded in
Plat Book 14 at Page 23 of the records of the Clerk and Recorder
of Pitkin County, Colorado, has been excepted from the full
subdivision process pursuant to Section 20-19(c) of the Municipal
Code of the City of Aspen, by proper action of the City Council
of the City of Aspen, Colorado, on , 1984, as
reflected in the STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION
PROCESS, recorded in Book at Page of the records of
the Clerk and Recorder of Pitkin County, Colorado.
This plat is approved by the City Council of the City of
Aspen, Colorado, this day of 1984
THE CITY COUNCIL OF THE CITY OF ASPEN, and
THE CITY OF ASPEN, a Colorado home rule city, by,
Mayor ATTEST: City Clerk
NOTICE. According to Colorado law you must commence any legal action Alpine Surveys Y
based upon any defect this survey within six yearsatter you first discover Surveyed 23 AUG fi983 GP ftevlSiBns
inv
such defect. In no event may any action based upon any defect In this survey
be commenced more than ten years from the date of the certification shown Drafted 2 I DEC. 19 3 DMA
hereon PosAspen, Coe Box 1730
lorado 8 612
303 925 2688
Title BOUNDARY SURVEY
LOTS P &Q
BLOCK 43
Job No 83-95
Client DOP,EMUS