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Home My WebLink Aboutlanduse case.boa.RiversidePlacer.006-71 ~ . "'''' ""'''' " '",,, '." APPEAL TO BOARD OF ZONING ADJUSTI'~NT City of Aspen Date May 3. 1971 Case No. 11 A~. 1021 E. Hvrnan Ave Appe antMr & Mrs. Chas. Maddalone ~0ressAspen, C01orado ~16ll Owner Mr. & Mrs. Charles Maddalone Address same Location of Property attached plat ) '1vision Block & Lot No. Builc1ing Fern,it application and prints or any other pertinent cata must accompany this application, and will be ~ac1e a part of Case No. The Boar0 will return this application if it coes not contain all the facts in question. Description or: proposec1 exception showing justification: We are requesting a variance to permit a private road to serve an isolated ~ acre tract of land which is not in a sub-division. The location of the nearest public road exceeds the distance required by the City sub-division regulations. ( see attached plat for location of the tract and proposed road) Signer1 ~_<~""'-;".--",<?~~-"7,_'~/?-~ Appellant lrovisions of the zonins or<linance renuiring the Builc1ing Inspector ---to-forwar<l -this application to the Eoard of AC1justr,1ent--anc1-reason- ----------- for not granting permit. ,\\~ 0'\/\11.. ~o..l.q ~t.....c.. o~ \IVY\~ OOCl.6"Y\'-\- "W\Q.Q.-\- -\-h\. ch.~',,,,'\-\-io'\l\ .,~ "lo-\" ~:""~.. "t~, ~'f"/l"o.,..-T1.f "W\\A.'!o':\ '\:.\I>.-\- "'"'PVI" 0.:\ \Ql.I;o'T . 0""'-' 'Pv..'o\\t. ~-\ ..,.IU.'\- ~4 ~... hcdd ","""cia..-- ~&f'~t. G'w",--f\.-'p, Status ~~ p~n"it reject€,? date Decision Date Application :i:ile,:l~lM1 '1l -7 C Date 01: Hearing .5/,;1.0/11/ r.;a ilee" I f S(cretary . ~,.,___~_J c - - NOTICE OF PUBLIC HEARING Case No. --11-L BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Offi~ia1 Code of Aspen of June 25, 1962, as amend- ed, a public hearing will be held in the Council Room, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Resolution, Title XI, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious con- sideration to the opinions of surrounding property owners and others affected in deciGing whether to grant or deny the request for variance. The particulars of the hearing and of the requested variance are as follows: Date and Time of Meeting: Date: May 20, 1971 Time: 5 :00 p.m. Name and Address of Applicant for Variance: Name: Mr. and Mrs. Charles Maddalone Address: 1021 East Hyman Avenue Location or description of property: Location: Riverside Placer Description: Variance requested: Requesting a variance to permit a private road to serve an isolated ~ acre tract of land which is not in a sub-division. The location of the nearest public road exceeds the distance required by the City sub-division regulations. Duration of Variance: (Please cross out one) ~ Permanent THE CITY OF ASPEN BOARD OF ADJUSTMENT ~~~ Chairman /'. ' BY POST OffiCE DEP~RTMENT CER,,'-ICATE OF MAILING Affix 54: j... Received Frc..... postage 01'\... Citv of Aspen P. O. Box V A"ppn, Color'Hlo One piece of ordinary mail addressed to: postmark. ~ l' () BoX '14 n lorado MAY BE SED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES P fOR INSURANce. - POSTMASTER ~6~/~::3 3817 It GPO Ins: 0'-712-131 ... POST OffiCE DEPARTMENT CER-'"~CATE OF MAILING Received Frl,...., Affix 54 ;. City of Aspeni P. O. Box V Aspen, Co1oradn One piece of ordinary mail addressed to: postage 01._ postmark,r' ,J s en Colorado MAY BE USED FOR DO E FOR INSURANCE M Slle AND INTERNATIONAL MAIL DOES . - POST........STER . ~~~.~:~3 3817 "'6'01"3:0'-712-131 FREOHIC ,- OENEDIL.......AIA &P,SSOCI/\TES' AR ~..'.... ~!<.""",.. ITECTS & PLANNERS SRUCE FLSUTHERLANl? AlA DIETER ZEN>~ER July 16, lC)71 Mr. Charles Gil~~sy) City L{lz~n2C]: Box V Aspen, CaJ.D. 81611 Re: Private road, 1{2dd~lo~2 s1_te, Project 6S-C4 Dear l1J.~. GilI.:ej: I am eIlclosing a photocopy of the road a~d utility e0_S2,-;t::,nt ~qh:L'2.l'" H5..11 S2rv;~ -::t.:l.~ s=.tc in the Riverside: )?lac(~r . I-J- . , '- ,. ." 1 ' ~ lS Ql1r unaerSl.an01DZ Cilat you neV2 apprOV2C, toe locati.cH1 of t~y:; !~>C)2.d (~.ll:tch is to b2 an. 18 foot ~'Jic18 "":'.i"'~)\'C'] S11-r-F~;n.':l)' <:)C. ('~-;'--)r'''1) ()'1 (-i~,'".:l ......F-{-..-i:",1.j0-1 ,")l..-,t o-~'-~ - ".- ........~..~- <...0 Ul...... .!_ ~ ...c C..L-\...<:" v_ '_-_. l..Le. ) r-e, ",' ]. '7 -111 - t'o'::> -7- ......}.. ,,'" .~.C::) ---, ~.,- 1- -:- ..... r"-.,~" -, 1 ~,.l'l~ V r'1-~~ r-,'- ~ r n \:.C-l..l -'-'.'--..3> 'c(_ L.~l';:.L;.:.. !LC~/ '-)~ ;:-'Jl..c ~....:._--::}L L. cu...'.<:...LJ....)_. ,>d.thin the 82.32(~l.;;i.1t c1ul'inJ; SOt'_Dt:c;:c:t::Q:I.. Sincerely, r ,~./)~ _ '-- .._~_..;;;->' ..-:....-~ ~._..::'.. k_ ._..._.~ ;.:.:...,_~ < Fat N2:1d.::.::'on2 Pl'l/blr 2nclc [] 0 X 40 ASPEN COLORADO 81611 TELEPHONE 926.3481 ........ ........., ....~.... '-..' ROCKY MOUNTAIN NA TURAL GAS COMPANY, INC, P.O. BOX :2059 . ASPEN, COLORADO 81611 . (303) 925-2323 July 15, 1971 Mr. and Mrs. Chuck Maddalone Box 635 Aspen, Colorado 81611 Dear Chuck and Pat: I am writing this in reference to the Private Road into your property and its use for emergency vehicles. I, as Chief of the Aspen Volunteer Fire~ Department, feel that a 14 ft. right of way may fully suffice to supply ingress and egress for any and all emergency vehicles through said property. If you have any further questions or inqu1r1es from concerned parties, please explain that they can contact me personally and I will be more than glad to talk with them. Sincere ly, '-./~ ) /{;:J, . to! /) / .//? // .~~ . </{/_-(. /{'hl ~ U/~/)d..,- Willard C. Clapper . Ch ief, Aspen Volunteer Fire Department WCC:klc ,."...... P. O. Box 40 Aspen, Colorado 81611 July 14, 1971 Mr. Charles Gilkey City Engineer P. O. Box V Aspen, Colorado 81611 Dear Mr. Gilkey, Re: Water Service, C. Maddalone Site. It is our understanding that the City has agreed to serve the Maddalones City water through our two-inch water line, if we approve. It is the intention of this letter to confirm a verbal agreement to allow the Maddalones to tap our two-inch water service at the point where the utility easement we have just granted to them crosses our water service. We understand that a 3/4" water line will be constructed by the Maddalones to their site at their expense and that the City tap fees will be paid by the Maddalones. Sincerely, FAB:R Fredric A. Benedict ~~~q/,~ Fabienne Benedict ?,,-h'~ J~J..;j-- =~.~=,==ob CITY OF' ASPEN P. O. SDX V . ASPEN. COLORADO 81611 MESSAGE REPLY TO ~Leon A. Wur1, City Manager I DATE DATE L July --.J 13, 1971 Is this satisfactory as far as water tap by Maddalone onto Benedict's water line. BY Charles R. Gilkey, City Engineer 5 I G N ED ,c N""R I', kx.'c,.\.n,-:il ".,." 1. ,,'-EP "'EU.DW COPY_ ~.. ""NO WHITE "NO P'NK '-'0"'"'' WITH [;A....ON INTAcr , ......._T. "Ce', Y. ~. DE "'"'' <,""l. ~r'" '_'No< '_DP'. R.TURN wHlq' (;DF>y Hl SENO~I' .-~---I F RED R Ie BEN E 0 leT A I A & ASS 0 C I ATE S . A R ~ ., IT E C T S & P LAN N E R S May 27, 1971 City of Aspen Board of Adjustment Eleanor Hubbard, Chairman Aspen, Colorado 81611 Dear Members of the Board: Pat Maddalone has explained your concern rebardin~ future division of the land adjacent to our homesite and the Maddalone homesite. We want to assure the Board tha~ it is not our intention to subdivide this parcel, however, if at some future date a further division of ownership is contemplated, it would be done in accordance with the subdivision rezulations. Sincerely, FREDRIC BENEDICT AlA & ASSOCIATES '/~2~~ a fZ---. ~h~=-vC. Fredric A. Benedict FB/n BOX 40 ASPEN COLORADO 8 1 611 TELEPHONE 925.3481 .. ~ -~ .< NOTICE OF PUBLIC HEARING Case No. --11-L BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Offi~ia1 Code of Aspen of June 25, 1962, as amend- ed, a public hearing will be held in the Council Roam, City Hall, Aspen, Colorado, (or at such other place as the meeting may be . ~ _ _. A _ _ __ . ,_ . .. .. . . .. t . J: tnen aOJourneo) to conS1oer an appLkcatkon ~kLea w~'n tne OCLU Board of Adjustment requesting authority for variance from the provisions of the Zoning Resolution, Title XI, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious con- sideration to the opinions of surrounding property owners and others affected in deciGing whether to grant or deny the request for variance. The particulars of the hearing and of the requested variance are as follows: Date and Time of Meeting: Date: May 20,1971 Time: 5 :00 p.m. Name and Address of Applicant for Variance: Name: Mr. and Mrs. Charles Madda lone Address: 1021 East Hyman Avenue Location or description of property: Location: Riverside Placer Description: Variance requested: Requesting a variance to permit a private road to serve an isolated ~ acre tract of land which is not in a sub-division. The location of the nearest public road exceeds the distance required by the City sub-division regula tions . Duration ur V~riance: (Fl~as~ c~oss out one) ~ Permanent THE CITY OF ASPEN BOARD OF ADJUSTMENT ~~ -VC~~,L---- Chairman d:-l jO#.' BY ~ o ~{- I)/q[{ J)"'il5L ~~fW tl-ccU~. 1& C!:.'f:s.,~ i~'i, '" (~~ -tL ~1S &;Juft d-c:6 6v-- ~ ClAM, ~-tJ1.J. (j'^ ~.,\. 64~-+ chu.'Vw.~ ~ it Go G;,t!.w. (/~1..- (rAA~ {LJ:c~ . 5 ~dL~.,fi L~ ~~A~ CLlSL ~-t- GL ~ (xNt-,~ ~ '~~ ~. @Q;U~-~Ir '"'-'- '"~t.( ~ P-t-L, --tLcs- GLJuL ~t0,-.-dL ,3' ( 6le Shl. t~1 . ~T JL, ,0 t'-'1M-e S-tm 5~ ~"" 4-'c+' J'-'~uJL~ o'"O'",:"a ~,-t- ~u ~~ ~ ')cO~ ~t;; Sl-. d'o J .~ -iL ~6-6V'-& ~- i\-c~ ~) G\MlCuLJJLo..o tL (?,,:~u-d\--b:; 'r av;:i (;-N~ "^" ehg""",,, i:L S (, L, 3 (<A LLL.J ' S<. -)} C' <U1., ~",~,JJ''CI a~ ~~ . '3- 0--\11I'-- 6-lt{r;)Q ,t --hor"V'-<L -U.Jlfro-b ' 7)1M>~-b ~ ( fYl ~LT(,^,Gk~ A~) ,,,"'CO-." n'~ ~"~ 'tit, C'c~, ~') \Jv-<2X(~ CL.:) -(j; i~tL~ UJv.-<Q ~'u2 ch\ o-c:c-L~uLJ . ' 9 ~...20 .~' tJLJ. '" :, ,"L"'1"14.:~-Ix;' L~ (J--,[Q.-ut;v-- eeL., c~c{~(' zG-A ~~^-C )~"--cL, ~~ cJ-"~ - ~' _:>t ~~ L,~Li.-~\ lL~~~ . H cLt:\.. r!~ C '7 i)- ~ . - "-' """""', .../ DEED OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT for and in consideration of more than Ten Dollars ($10.00) in hand paid to them, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Fredric A. Benedict and Fabienne Benedict (hereinafter referred to as "Grantors"), do hereby grant, bargain, sell, convey and confirm unto Patricia E. Maddalone (hereinafter referred to as "Grantees"), their heirs, representatives and assigns, a perpetual, non-exclusive easement and right-of-way over and across the following-described parcel of real property situate in the Riverside Placer, D.S.M.S. No. 3905, County of Pitkin, State of Colorado, to wit: A strip of land lying fifteen (15) feet on either side of the following described centerline: Beginning at a point whence Corner No. 9 of said Riverside Placer bears S6004'22'~, 394.63 feet; thence N13048'30'~, 28.32 feet; thence 34.34 feet along a curve to the right having a radius of 26.74 feet; thence N59046'30"E, 16.17 feet; thence 54.62 feet along a curve to the left having a radius of 72.25 feet; thence 33.53 feet along a curve to the right having a radius of 61.12 feet; thence N47053'30"E, 57.43 feet; thence 67.67 feet along a curve to the right having a radius of 85.61 feet; thence S86047'30"E, 34.58 feet; thence 62.40 feet along a curve to the left having a radius of 78.90 feet; thence 31.30 feet along a curve to the right having a radius of 21.67 feet; thence S49019'30"E, 60.30 feet; thence 49.65 feet along a curve to the left having a radius of 30.85 feet; thence N3So35'E, 44.53 feet; thence 80.31 feet along a curve to the left having a radius of 140.86 feet; thence N5055'E, 39.29 feet. TO HAVE AND TO HOLD unto Grantees, their heirs, representatives and assigns, forever, subject to the following, to wit: 1. The easement and right-of-way hereby granted and created is for roadway and utility purposes only, and Grantees shall have no right to grant to third parties (other than heirs, representatives and successors in interest) a similar easement and right-of-way over and across said property or to dedicate said easement as a public road without the prior authorization or ~onscnt of Grantors. ---..---.----1 ,.-. - -- ""'..... 2. Grantors shall have the right at all times to use said easement and right-of-way for road and utility purposes, subject to the approval of Grantees with respect to utility location if such utilities are installed after a paved road has been constructed over said easement, and the further right to grant to others a similar easement and right-of-way over and across said property. 3. Grantees shall have the right at any time (but shall never be obligated) to construct a paved roadway over and across the easement and right-of-way granted hereby. 4. Grantors shall not be responsible for any of the costs of construction, repair or maintenance of said roadway. THIS Deed of Easement shall be binding upon and inure to parties hereto and their heirs, representatives and assigns. IN WITNESS WHEREOF, Grantors have executed and delivered the /d/ d foregoing Deed of Easement this /,? - day of y~ ' 1971. 1~"~<< (2<?~~}J~~ Fredric A. Benedict 7,( l'Yrvn" PA.U,() t:f- Fabienne Benedict STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ,/~ rj day 0 f", //" Benedic t. / L/ Witness my hand and official seal. .r; )/ / , 1971 by Fredric A. Benedict and Fabienne My commission expires: /,,}/":;;/7_5_ /"_ ) / ~y// ,,-- (:/ ) :. _/",,1:) -J.. .;r:t.'.:~. J. ,/ {~-.,-~.:/.:....... C__>. Notary Public The foregoing Deed of Easement is hereby accepted, consented to and approved this /t:: day of y. (~, r/' , 1971. . ,/--. ----'----~- ....-,...-- / .,/ /-) /'':: C'_.. / ,'........ /;"'.' <.:'~.- /.. .-~. Madda 101:1'0-----.- Patricia E. -2- I"'- '- - ...,./ COUNTY OF PITKIN ) )ss. ) STATE OF COLORADO The foregoing instrument was acknowledged before me this /? il day of ',> // E. Maddalone. c/ ..il, t , 1971 by Patricia Witness my hand and official seal. My commission expires: /,/. 0- -.' " ,'c- /.~ vf' - 0' ' - .../ '",,-.1 .' .' . - ~. . (~/....----,_~__;:, ~_"...~ /./-" .C('t-<.r-(c......./' .~ Notary Public -3-