Loading...
HomeMy WebLinkAboutLand Use Case.AM.375 N Spring St.A045-91 ~ ~ MEMORANDUM TO: Bill Drueding, Zoning FROM: Leslie Lamont, Planner DATE: September 26, 1991 RE: Insubstantial Amendment to the Volk Lot Split Plat ------------------------------------------------------------------ ------------------------------------------------------------------ SUMMARY: The applicant seeks to amend the Volk Lot Split Final Plan for lots 1 and 2 Volk Lot Split to revise the approved access easement, building envelopes, and Spring Street right-of-way dedication. APPL:ICANT: Richard Volk and Eugene Seymour as represented by Sunny Vann LOCAT:ION: Lots 1 & 2, Volk Lot Split, Oklahoma Flats ZONING: R-30, PUD PROPOSAL: The Volk Lot Split was approved by city Council in 1989. The final plat included a 30 foot access and utility easement across the rear of Lot 1. A 20 foot area of Lot 1 adjacent to Spring Street and a 24 foot area adjacent to Bay Street were dedicated to the city for future roads improvements to widen the existing streets. Although not required for a Lot Split the applicant identified specific building envelopes for each lot. A single family residence and detached accessory dwelling unit was recently built north of Lot 1. The home owners, the Hamiltons, received permission to from the City to improve a portion of the Francis Street public right-of-way for access to their home. The right-or-way is unimproved with the exception of the Hamilton's driveway. with that improvement Mr. Volk and Mr. Seymour now wish to utilize the partially improved Francis Street right-of-way for access to Lots 1 and 2 of the Volk Lot Split. Use of Francis Street would enable the elimination of the access easement with the exception of a small portion that will be retained to avoid cuttin~ down several large cottonwoods that serve as a visual buffer between the Hamiltons and Lot 2 of the Volk Lot Split. REFERRAL COMMENTS: Having reviewed the above and made a site visit, the Engineering Department has the following comments: 1. We have no problem with a reduction in size of the access easement to Lot 2. However, width and length dimensions ,for the different width segments of the easement need to be shown on the plat. Francis Street right-of-way needs to be shown and given a width dimension so it can be shown that the total width of this right-of-way and easement combined will equal at least 20 feet. .:-., ~ 2. The proposed revisions to building envelopes on Lots 1 and 2 are acceptable also. 3. The 5 foot encroachment into the reserved Spring Street right- of-way needs to be shown on the plat. The existing improvements need to be shown on the plat, however. The applicant needs to understand that at any time in the future that the city needs to utilize this right-of-way dedication reservation, he will have either get a licence for or move this encroachment. 4. Bay Street needs to be given a width dimension and the end of the right-of-way needs to be shown if it ends at or before the end of Lot 2. 5. Construction in public right-of-way requires a separate permit from a building permit. This permit is issued by the Streets Department. For approvals of design details in the public right- of-way, contact the Engineering Department. 6. A blueprint of the plat needs to be submitted to the Engineering Department for approval before the final plat is submitted. STAFF REVIEW: Pursuant to section 24-7-1006, an insubstantial amendment to an approved plat may be authorized by the Planning Director provided it is a minor change to a plat which the Planning Director finds has no effect on the conditions and representation limiting the approved plat. Pursuant to section 24-7-908 A., an insubstantial amendment to an approved planned unit development may also be approved by the Planning Director. These two parcels have a mandatory PUD overlay and the original lot split application was also considered within a minor PUD context. FINDINGS: The adjustment to the easement. is being requested in order to utilize the new Francis Street right-of-way. But as requested, by the Engineering Department, the total width for access will remain 20 feet. Although an access easement is deducted for floor area purposes from buildable lot area use of Francis Street will negate that deduction thus more lot area, for floor area purposes, is available for Lot 1. However the total floor area will not exceed the allowable floor area for the R-30 Zone District. The adjustment to the Lot 1 building envelope is necessary because the existing single-family home is being preserved for accessory dwelling unit purposes. The plat shall be amended to illustrate the 5 foot encroachment of the existing home into the dedicated public right-of-way easement. The easement was granted during the lot split review and was requested for the occasion that the street would ever need to be improved. If for some reason the City needs 2 ~~ .1""'1 to use the easement the property owner would need to move the encroachment or obtain an encroachment licence. Setback variations available with a PUD review were employed for establishing the building envelop of Lot 2. Amending the building envelope for Lot 2 does not compromise the original approval for that particular building envelope. RECOMMENDATION: Staff recommends approval of the insubstantial plat amendment for Lots 1 & 2 Volk Lot Split, Oklahoma Flats, Aspen with the following conditions: 1) Prior to recording the amended subdivision plat in the office of the Pitkin County clerk and recorder, the Engineering Department shall review and approve the plat; and 2) The plat shall be recorded within 180 days of approval by the Planning Director and Engineering Department. 3) However, width and length dimensions for the different width segments of the easement (on Lot 1) need to be shown on the plat. Francis Street right-of-way needs to be shown and given a width dimension so it can be shown that the total width of this right- of-way and easement combined will equal at least 20 feet. 4) The 5 foot encroachment into the reserved spring Street right- of-way needs to be shown on the plat. The existing improvements need to be shown on the plat, however. The applicant needs to understand that at any time in the future that the city needs to utilize this right-of-way dedication reservation, he will have either get a licence for or move this encroachment. 5) Bay Street needs to be given a width dimension and the end of the right-of-way needs to be shown if it ends at or before the end of Lot 2. 6) Construction in public right-of-way requires a separate permit from a building permit. This permit is issued by the Streets Department. For approvals of design details in the public right- of-way, contact the Engineering Department. I hereby approve the. insubstantial subdivision plat amendment for Lots 1 & 2 Volk Lot Split, Oklahoma Flats, Aspen pursuant to Section 24~7-1006 and 24-7- 908 A. of the Municipal Code with the above cond' 0 / 3 r-, ~. MEMORANDUM TO: Leslie Lamont, Planning Office FROM: Jim Gibbard, Engineering Department DATE: september 5, 1991 RE: SeymourjVolk Insubstantial Plat Amendment ----------------------------------------------------------------- ----------------------------------------------------------------- Having reviewed the above and made a site visit, the Engineering Department has the following comments: 1. We have no problem with a reduction in size of the access easement to Lot 2. However, width and length dimensions for the different width segments of the easement need to be shown on the plat. Francis street right-of-way needs to be shown and given a width dimension so it can be shown that the total width of this right-of-way and easement combined will equal at least 20 feet. 2. The proposed revisions to building envelopes on Lots 1 and 2 are acceptable also. 3. The 5 foot encroachment into the reserved Spring street right- of-way needs to be shown on the plat. The existing improvements need to be shown on the plat, however. The applicant needs to understand that at any time in the future that the City needs to utilize this right-of-way dedication reservation, he will have either get a licence for or move this encroachment. 4. Bay Street needs to be given a width dimension and the end of the right-of-way needs to be shown if it ends at or before the end of Lot 2. 5. Construction in public right-of-way requires a separate permit from a building permit. This permit is issued by the Streets Department (920-5130). For approvals of design details in the public right-of-way, contact the Engineering Department (920- 5080). 6. A blueprint of the plat needs to be submitted to the Engineering Department for approval before the final plat is submitted. jgjseyvolk cc: Chuck Roth ---. .""",, MEMORANDUM FROM: City Attorney City Engineer ~g;,,~~~Jil!il.l Leslie Lamont, Planning Office Seymour/Volk Insubstantial Plat Amendment Parcel ID# 2737-073-10-001 TO: RE: DATE: August 29, 1991 ===============~==============================================~== Please review and comment on the attached application. return your comments to me no later than September 6, 1991. Please Thanks ~~ d1 L /l'U- ~. o-YL -zh. ~ ~~. to~ / 'r~ , ~ MEMORANDUM TO: City Attorney City Engineer Fire Marshal FROM: Leslie Lamont, Planning Office RE: Seymour/Volk Insubstantial Plat Amendment Parcel ID# 2737-073-10-001 DATE: August 29, 1991 ----------------------------------------------------------------- ----------------------------------------------------------------- Please review and cOIlUllent on the attached application. Please return your comments to me no later than September 6, 1991. Thanks " .1"""\ 1"""\. . i, AUG 2 I i9Si V ANN ASSOCIATES, INC. Planning Consultants . ! r',.,' : Lb~~<3~~'------< AUgust 14, 1991 HAND DELIVERED Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Volk Lot Split Insubstantial Plat Amendment Dear Leslie: Please consider this letter an application for an insubstant- ial amendment to the Volk Lot Split final plat (see preappli- cation Conference Summary attached hereto as Exhibit 1). The application is submitted pursuant to sections 7-908 .A.and 7- 1006.A. of the Aspen Land Use Regulations by Eugene Seymour and Richard W. Volk, the respective owners of Lots 1 and 2 of the Volk Lot Split (see Exhibit 2, Title Insurance Policy, and Exhibit 3, Special Warranty Deed). permission for Vann Associates, Inc. to represent the Applicants is attached as Exhibit 4. Background The Volk Lot Split was approved by the City Council on June 26, 1989. Vested rights status was granted to the project by Ordinance No. 43, Series of 1989, on August 14, 1989. The specific Council approvals included subdivision, planned unit development and GMQS exemption. Stream margin review approval was granted by the planning and Zoning Commission on May 30, 1989. The Planning Office's case summary outlines the various conditions of the approvals and is attached as Exhibit 5. As the accompanying approved final plat illustrates, access to Lot 2 was provided by a thirty (30) foot access and utility easement across the rear of Lot 1. A twenty (20) foot area of Lot 1 located adjacent to Spring Street, and a twenty-four (24) foot area located adjacent to Bay Street, was reserved for dedication should the City decide to widen the streets in the future. Although not specifically required as a condition of subdivision approval, site specific building envelopes were designated for each lot. 230 East HopKins Avenue' Aspen. ColoradO 81611 . 303/925-6958 ,-., .~ Ms. Leslie Lamont August 14, 1991 Page 2 proposed Amendment The Applicants wish to revise the approved access easement, building envelopes, and Spring Street right~of-way dedica- tion. The revisions are dictated by recent changes in the neighborhood, the City's adoption of new regulatory provi- sions, and various site specific design considerations. All the revisions, however, are believed to be consistent with Mr. Volk's original representations and approval. As the accompanying revised final plat illustrates, the Applicants wish to reduce the size of the access easement to Lot 2. Since the approval of the original application, a single-family residence and a detached accessory dwelling unit has been constructed on the property located immediately north of Lot 1. The owners of the property, Skip and Ruth Hamilton, apparently obtained permission from the City to utilize a portion of the adjacent Francis Street right-of-way for access purposes (see accompanying property survey). The right-of-way is fifteen (15) feet in width and is presently unimproved with the exception of the Hamilton's driveway. As Francis Street is a public right-of-way, and is now partially improved, the Applicants would also like to utilize the street to access Lots 1 and 2 of the Volk Lot Split. The use of Francis Street would allow the majority of the approved access easement to be eliminated. A small portion, however, would be retained to save several large cottonwoods that are located within the right-of-way. The retention of these trees will benefit both Mr. Volk and the Hamilitons, as they presently provide a visual buffer between the proper- ties. It should be noted that the Applicants' use of the right-of-way is acceptable to the Hamiltons, and that all three parties will share maintenance responsibilities. with respect to the approved building envelopes, the revi- sions to Lot 1 are dictated by the City'S recent approval of Mr. seymour's detached accessory dwelling unit. Both lots are required to provide an accessory unit as a condition of subdivision approval. As you know, detached units were not permitted when the subdivision was approved. The Council, however, expressed. a desire that the existing structure located on Lot 1 be retained for affordable housing purposes. Mr. seymour has recently renovated the structure, and will execute an accessory dwelling unit deed restriction prior to issuance of a building permit for his single-family resi- dence. As the structure is located outside the original building envelope, the boundaries must be revised to accommo- date the approved unit. ~. ,-." Ms. Leslie Lamont August 1.4, 1.991. Page 3 The proposed rev~s~ons to the building envelope on Lot 2 are dictated by the architectural design of Mr. Volk' s residence. As the accompanying site plan prepared by Bill Poss and Associates illustrates, the proposed residence generally fits within the original envelope. Mr. Volk, however, wishes to expand the envelope at the rear of the lot. to accommodate the landscape features planned for this area of the property. Please note, however, that the expanded envelope avoids the existing stands of mature cottonwood located along the rear property line, as well as the steeply sloping hillside located below Gibson Avenue. The lot's front yard setback has been also been increased to more accurately reflect the proposed building footprint. The detached accessory dwelling unit located on Lot 1. is located partially within the reserved Spring Street right-of- way. The final plat, therefore, must be amended to reflect a new reservation. As the available right-Of-way in this area measures sixty (60) feet, and the encroachment is limited to approximately five (5) feet, sufficient area would appear to remain to accommodate any future expansion of the street. Given the limited amount of development in the surrounding site area, it is unlikely that the entire right- of-way would be required for expansion purposes. Review Requirements Pursuant to Section 7-1.006.A. of the Code, an insubstantial amendment to an approved plat may be authorized by the Planning Director if the amendment would have no effect on the original conditions of approval. As the Planning Office's attached case summary indicates, the proposed amendment complies with all conditions imposed upon the original Volk Lot Split approval. As a result, no purpose would appear to be served in requiring city council review of the proposed plat amendment. section 7-908.A. also provides for Planning Director approval of an insubstantial amendment to an approved planned unit development. Al though the property was designated mandatory PUD, no variances from the strict application of the dimen- sional requirements of the R-30 zone district were required by the project. In fact, PUD review of the project amounted to little more than a formality, as the subdivision regula- tions essentially governed the design and approval of the lot split application. The above notwithstanding, the Applicants believe that the proposed plat amendment is consistent with the application's prior PUD approval. /""".. ,-., Ms. Leslie Lamont August 14, 1991 Page 4 upon approval of the requested amendment, the Applicants will prepare a revised final plat for review by the Engineering Department and recordation with the Clerk and Recorder. The Applicants will also revise the approved subdivision improve- ments agreement to reflect the amendment as may be required. Should you have any questions, or require additional informa- tion, please do not hesitate to call. Very truly yours, SV:cwv Attachments cc: Eugene Seymour Richard Volk I"""', r\ Y/b EXHIBIT 1 PROJECT: .5h CITY OF ASPEN PRE-APPL CATION CONFERENCE SUMMARY (, I J Ii . /\XAI~ ~(.~ \/ CVW-^v REPRESENTATIVE'S PHONE: OWNER'S NAME: 1. (J;l 7r ? ) Describe action/type of development being requested: /)}'A"; AJ? rU-r:t".1-4 .e:'1:L;U2-nthVt I~A..J.~---e-~ 0::-u~/ Sf) Type of Application: SUMMARY ~\--. r -f,J (j;v~J, 2. 3. Areas is which Applicant has been requested to respond, types of reports. requested: Policy Area/ Referral Aqent ~~C,;~ to--\..\ls Comments 4. . Review is: (P&Z Only) (CC Only) (P&Z then to CC) 5. Public Hearing: (YES) (NO) " 6. Number of copies of the application to be submitted: 7. What fee was applicant requested to submit: / !.) ~ r 0 8. Anticipated date of submission: -9. COMMENTS/UNIQUE CONCERNS: frm.pre_app 08-14-1991 20:53 I~ 1 21. 54 8977 -> :....""';,~~.-.~;\;. .J.'''16'~'(~~~"'~~r',.,:,..;,:.. ."......" SAl..IVA DIAGNOSe .iSVSTEMS P.01 ., . . ----.,--..-..-."'-..-...--.,--..-.,-.~' ~--_.._"'_.._--_.'-_.'_._..I- ';10'''" kwyers Jtle Insurance @rporation NATIONAL HI!lDQUlllTl1lt RICMIIOND. YIRalNIA EXHIBIT 2 OWN."" I'OLICV NUM.." 113.00.021963 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND THE CONDITIONS AND STIPULATIONS. LAWYERS TITLE INSURANCE CORPORATION, a Virginia corpcration, herein called the Company, insures, as of Oate of PoliQy shown in Scheduie A. against loss or Qamage, nolsxceedlng Ihe Amount of Insurance staleQ in ScheQule A. sustained or incurreQ by the insured by reason 01: 1. Title to the ealate or Intereat described in Schedule A being veated other than as slated therein: 2. Any defect in or lien or encumbrance on the title: 3. Unmarkelllblllty 01 the trtle: 4. L.ack 01 a right 01 access lI:l and from thaland. The Company will also pay the oosta. attorneys' fees and expenses incurred In defense of the tille, es Insured, but only to the extent provided In the Conditiona and Stipulations. . Attest; IN WITNESS WHEREOF the Company has caused this policy to be signed and seeled, to be velld when Sohedule A Is oountellllgned by en euthorlzed officer 01 agent of the Company. all in accordance with its Bv.Laws, ~1it1e In.su~e @rporatlon By: 01 2C, oJ cw-.r.1oV' Prealdent- .2" fJWtA.. g; Secretary. EXCWSIONS FROM COVERAGI The following matters ere expressly excluded from the coverage 01 this policy and the Company will not pay loss Or damage, costs. attorneys' fees Or expenS8ll whiCh arise by reason of: 1. (a) Any law, ordinance 01 governmental regulation (inoludlng but not t1mtled to bUilding and zoning laws, ordinances. or regulations) restrtcting, regulating. prohibiting or relating lI:l Q) the occupancy. use, or enjoyment of Ihe land: (ii) the character, dimensions or Iocetton of any improvement now or hereafter erected on the land; (II~ e separetton in ownership or a change In the dimenaions or area of the land or any paroel of which the lend is or Wall a pari: or (iv) environmental protection, or the effect of any vioiation of these laws, ordinances or governmental regulations. except to the extent that a notice of tha enfoteement thereof or a notice of a defect. lien or encumbrance resulling trom a violation or alleged violation affecting the land has been recorded in the. publio records at Date of Poliey. (b) Any governmental pOlice power not excluded by (a) above, except to the extent that a notice of the exerolSe thereot or a notice of a defect, I>en or encumbrance resurting from a violation or alleged violation affecting the land haa been recorded In tha public records at Date of Policy. 2. Rights of eminent domain unless notice of the exerciSe thereof hIlS been recorded in the publlo records at Date of Policy. but not excluding from coverage any taking which has occurred prior to Oate of PoliQy which would be binding on the righta 01 a purchaaer for valua wtlhout knowledge. 3. OeftlClS, liens, encumbrances. adverse cialms or other matters: (a) oreated, auffered, assumed or agreed to by the insured claimant; (b) not known to the Compeny. not recorded In the public records at Oale of Policy, but known to the insured claimant and not disolosed in wrIting to the Company by the insured claimant prior to the date Ihe insured claimant became an Insured under thla pOIiQy; (c) rnulling in no loss or damage 10 the Insured claimant: (d) attaching or created subsequent to Date of Policy; or (a) reBulting in Io8a or I:lamage whICh would not have been sustained ij the insured cleiment hed paid value for the ealate or intereet Inaured by this pol.cy. ~oliOy 11SJ01 L1II'lO In u.s... 036-1:1-113191-0OOI eMr II'ItIt AlT" 0-.1'1,,', PoIle~ (11).21-11) 08-14-1991 20:54 1 21r-'i4 8977 ~' ,..-"". ...~ , ," '~"'. SALIVA DIAGNOS~SVSTEMS '~_._.--....;... ..4.'L7-- Iil-~' P.02 CMI !IlMlIR PC'1'-339'7 k!,wyerslltle Insurance @rporauon NATIONAL HEADQUARTER8 RICHMOND, VlllQINI" ~ ~18 PClt.ICV Dl'1'l 0'1 l'CUCY MIXltI'1' OF I1IBUIWICE ot/Ol/et .. t:13 P.M. . .111.000.00 POLICY "-. 113-00-021963 1._or~: waaII K. ~ All) 3ODI'1'H!t. tIIMGJft. ~ rJI '!'HI SIMDJR r>>IILY '1'!Uft' U'.rA Dl1.'ID MAIDl 1. 1'" 2 . '!'HI IftA'1'I (It ....~....~ DI '.l'tII LAItD HIIlIUf AND MIlCH IS OCI'JDID BY 'l'HIS POLICY' IS: II III SDIU 3. '!'HI1ftA'1'I (It .....~_I ____ 'l'O HIRIDI' IS Nt t\lft 0'1 POLICY' ,,_~..... DI: &!WIll K. BllIGJR All) JUD.n!I!t. .-.d.. 0lH'IUrl'IIB 0'1 '1'IlB SEllM'XIR r>>IILY '1'IlDI'1' U'.rA Dl1.'ID MAIDl 1. 1'" 4. '1'HI LNlD .__ 'l'O DI ml l'CUCY IS ~ AI ",Tn-: U1r 1. YCUt Im' SPLIT. ~.w13 'l'O '!'HI PLAT ~ ~ AOOUS'1' 14. ltlt IX PLAT lOOK 23 Nt IW3I 24. ~ C1I PrftCIl. STA'l'I C1I t'I'lI'J'DUlO. ~~(hvdf t... Av.. izi4 AQIInt PrDaH CCUN'1'Y 'l'I'l'LI. DIe. 601 B. !D'ICIJflI AV!. AIIPI.If. 00Il:IWI0. 81811 (303) t21H'766 '!'HI POLICY' ru I" llID4If (If 'DIll 8C9Itm.I ICJB'l' AI.IUa!: wrm '!HI lIBFRIN'1'ID NIIeIft CII '.l'tII OOYIR ~; -- ~~!m '00 ~III\O '" u.s."', - _.~- ..- .. --. .--'~._-.__._-.-- "" <'l\ '::r (-'''.. .M. ci\'-'::J1' '~,:'iU".~""~"" ,.,.....,... N~'r"-,..I. . _ f..,:'. , '\1~w' t ~, .:'TI~~~::::""':'~~~~~~~::::::~:::~~:~II.---~'I~.:4'.'.'.~'-"'I~...'2 7 8' ~ 7;"'.~'E~IBIT 3 ~1~"" ~1chard W. Volk, Russell D. Volk, Dasa A. M~tzlcr. and Denice C. Jte1c.h I I LORE ITA DANNER PIHIH CrY. RECOROER rc,.<<If":,J.f ~ti :..J.... , ~ }t, itJlh.r Cit)' ~nd . . c:j c.: CI'Iln".' DenVer . ~I"'" ,>I CI.I,,,,,.j,.. ~1.nII\U"1 ;11\01 to""'" . ,.:, ~ t. Richard W. Volk, Trustee UTA d~tcd Marc:h 10, 1984 ... . , 9: "-P .:u.l000 \,;...-- ':-<'<~ ...~ JUH 9 II 07 AI{ '66 , '\ ....h..\4' k~lladcJln" i. 2.17 North Wichita, Kan$as 67201 Water Street, P.O. aox 1201 !' .x.:IIilXXY.Xx.xXXx.XXx.r;aiK~~y.XxXJCXXXXXXXxx~~"'K.S.~,r"I'IICCOl' '. I I : ;\ Ii " Ii I. i: I See Exhibit ^ attached hereto and tnad~ a pan hc:rc=of b)' this rc!crencf:. Ten Dollars ($10.00) and other &ood .' >OOU..AU. !; ve ~1;l"'W". tl"'II~III'\I.M,I"lIl1d"'M~eu. .11': h) Iht'>C'J"!tlotl'll'.\k. ,'MJI. I: suctC~~~t~ .....'I~l\" jlllt\C'I. alllflc tnl r",,"<'I~, II'FC'lhC".llh lR"",n.~mtm'. ; t:xx~'Ul. - XXD:x~tDd~ \ , I: I: I: WITSESSETIt. 1t\.Jllht ~fI"llItt~l. I.., anll In ("'"h.tJtt~htln of Ihe ~"'II\ tll l: and valuable considerations I' 1M fC\"fIJl' Ind ~lhl:lC'nc) cd .'hKIII' herd.) ....lIC...lclifeu. h~ I, ~~J,I1Io.U:II.c"tu~ .rMJc~lnjl",l.unll.tfK' FtlnlCt'lX.. his i1'lI)"XIUUltX~~ j: dCloC.ibcl$ ....1011'...": It b~1ng the. express intention oC the partlcs th41t this inttrumC!.nt convey nll real property interests transferred to grantors hereunder under and by virtue of that certain Special Warranty D~ed rec.orded in nOQk~~ ~t rase 3~3 of th~ Pitkin County real property records. I , i , ,I Ii I j; ., I. " \. j: "'XDc:MltXJ:~XDCIxDtClln1CX s~I..:r DOCUMENTAR'( , JJi 9 19ffi l)- I r I I r i II ~ "OGI;TUtR ""111\ .11, .".1 M....ul;&. Ihe hf~o!ll.n~"I. .no! Irruntn~nu:' Il"'~tn b.:IM~,nt. ", II, an) _1>0( ~rr<'n.ln'nF. IniJ tllf mC""1fl alld ~~I"""" rtnlllin.A-1 alld <<"1~1I1Jc". /'tn''', 1))lIt. ~1I&i !"..II" Ihc"".I. 'fill ;!lIll\: C"~II'. ,,~hl. h"~. 11I1~'t... (I.un, :uW dtllo;Jlld ..h;6'"~''' "I lit!' F'.""II"'. (III"" In 1;1" '" ,C'IjIl'I). 101. III a'lo,ll"IIo~'J"""\ "~fJ:.I1l,'J 1\n'1I1l..c:.. 11,11. !I". btl,,;llljllll:~' ~IIJ Jrru'ltll;6l1."". 1(, itA"" ""liTO 11(11.11 Ik ',IlI.1l"'tnll~' ~j'"" tlol'~"ll't": ~,,.J1k"1I1,...t "''''.Ih.' "N'"I1Cll""'C".lIl1b'lllt f:llIllu'tH); hil'O SUf.&~~~sr$ "'I,n.II.'t\I:' '1oI'r,..""..,.II." thcm~IVC$ tl\l:i1'" hl'u.all",...."'..n"lltl'l\.'C'II';aI1\(.'..."'II'"."..&' \ll'I'l\;onli/lnJ.affltlh..l the)' ~h"l: an.l..III\\.<\llk....-.:' ^"!lo HJIU 'Ut OI.FL '\;l'lhc ~1....I..l,all=..lIltll r'l1"h'-.('llIlh..~....I" "",II"'~.t~hll' "''''''''''''",'lllo. r:.,.I\"t'KK 1115 SutCtkk'l,fJ;....j:.Ih. .,;&''''1 ;6l1~l..Jt"'I~ ""hl'" '" """"11' 1'1;6."""" II", "Itlc 101 'll~ r.'1Ihtll'l.l. h~, Ih.....!:" ,., ll'IJ..'llh~ r'"Ill..".. 1-': WI1"L.....~ WIIl.:K1 ,(II. lilt rt""1..,.., I... vc: C'''.UII'J 1111' 1I~(.r.~ ll~' iJ"l~ \(111'1111 .!"", T~f2w!-lIG'JII ;!j;~-o A#~ Russell O. \'olk Yn-..// ( /. J<-'A~_ j1 j(T~L...,.. 1,)a~"A' HeLzler /? "'t // /.. . r". /.-", J- ~~.~ . ..~:.l .---1 Denice C. Reich ~l.\n tll n':..i....;II'. ,. Cit~. 41nc {"1IIf11~ "I Denver 1 he 1I",",,,'nf 'n"r\I"~,.n:. ,;... ~.IIl,""II'.!~;.',jk.-I.'n IlK III II.. "I (''''111","'. n". t:'tA...... \1... tot Junt' DoOIsa A.. H(ib.hr. ~Ild 1>enicC' C. Reich. .' . Ci ty and . I" 8(. .l'~ (""III~ 111 I\ich:l.rd Ilcn\'C!'r \0:. Vton,. l'.u~l'ctll 1J. .~I~ \'011:. . , ,.' .,. " .' \\111I",,1"\ h41l";JpJI"".I;J!~',,: , ~h \"~l"m:',,,:, t'r"" ..,.., t" /? :e. . '~/ _ ~J1 \.. {j':...()'~/, '.1 "i.""lL~_ {1,')' ... .. :u- J.I:..:.':..kJ~ >1-'-"':"'04_ !'.r 1"01:"" .. \.! .; . /'U,.., \\. ~ \ \. '. "'... , .......,.('... .' . (1;- r' . . "! '~"""I~!..';.:'.'~.I.I :~~i'.\ lIl'II!' r..",_!!.. K,". 7."". M'lt "1 \\\1111\"1\ 11111' 10.....",........., ....... '0... ;.1... ",...~,.. ..' :....... ,., .1""'>\ ~. EXHIBIT 4 August 13, 1991 HAND DELXVERED Ms. Kim Johnson Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: permission to Represent Dear Ms. Johnson: As the owners of Lot 1 and 2, respectively, of the so-called Volk Lot Split (a Planned Unit Development), please consider this letter authorization for Sunny Vann of Vann Associates, Inc., Planning consultants, to represent us with respect to our application to amend the Volk Lot Split final plat. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforesaid application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. sincerely, ~ Yf~fA/(//P Richard W. Volk 2929/Buff~o Speedway, Apt. 704 Houston,,~~ 77098 (713~:8~~1(}\--__ _', V(~~ Eugene seymour\ 1465 Monaco Drixe Pacific Palisades, CA 90272 (213) 478-0971 SV:cwv "....,. '-'. , EXHIBIT 5 CASE SUMMARY August 15, 1989 Planner: Leslie Lamont ASPen Planning and Zoning commission May 30, 1989: Approved the conceptual PUD plan, stream margin review, and consented to a two step consolidated review process for the Volk Lot Split with the following conditions: 1. Prior to issuance of a individual building permit for Lot 1, covenants to be approved by the Engineering Department, shall be submitted with the final plat to ensure that the lowest floor of all structures are located a minimum of 2 feet above the base flood elevation, and that foundations are engineered to prevent flotation, collapse or lateral movement. 2. Prior to issuance of a building permit, the development on Lot 1 shall be required to have a foundation or basement constructed to comply with the current FEMA regulations and to the approval of the Engineering Department. ASPEN CITY COUNCIL JUNE 26, 1989: The Council approved the consolidation, GMQS exemption, Lot Split/Subdivision, and Final PUD review for the Volk property with the following conditions: 1. Prior to submittal of the final plat, the reserved dedication of right of way easements, 24 feet along Bay Street and 20 feet along Spring street, shall be shown. 2. If a special improvement district is formed the appli~ant is required to join for the improvement of the width of Spring Street in the entire Oklahoma Flats Addition. 3. The side yard setback, on the west side of Lot 2, shall be doubled. 4. Every attempt should be made to preserve the trees on Lot 1. A thorough landscape plan is required, before a building permit, demonstrating how development will mitigate .the removal of the mature vegetation on site. . 5. A tree removal permit, pursuant to 13-76 of the Municipal Code, is necessary for the removal of any tree with a 6" or greater caliper. The fOllowing are other conditions that pertain to final PUD in addition to those approved by the Planning and Zoning commission: 14 ~ ~ , 6. Prior to the issuance of a CO the dwellings shall have complied with stove and fireplace regulations and will have to obtain a permit for any stoves or fireplaces from the Env ironmental Health Department. Any fireplaces must have gas logs. 7. Prior to a building permit: the owner will determine whether asbestos is present and will have to contact the Colorado Health Department Air Pollution Control Division to find out what air pollution permits, if any are needed; and measures such as watering of disturbed dirt and prevention of mud-carryout onto city streets will be required, techniques to be approved by the Environmental Health Department. 8. During construction, owners will have to comply with the City of Aspen I s noise ordinance, which sets lower limits for noise between 10 pm and 7 am. 9. Prior to 'the issuance of each residence is required Sanitation District. a co, a separate service line for subject to the approval of the 10. Before the service lines are covered an inspection by the Sanitation District is required as groundwater and infiltration into the service lines can be a serious problem in this area. 11. Sewer connection fees must be paid prior to connection. 12. Prior to the issuance of a building permit, for both lots, a detailed stormwater drainage plan will be submitted. 13. A final plat shall be filed prior to the issuance of a building permit for either lot and shall include: a. covenants that future purchasers and builders provide an accessory dwelling unit per single family home; and b. an indication that no further subdivision may be for these lots nor will additional units be built without of applicable approvals pursuant to Article 7 and management allocation pursuant to Article 8. granted receipt growth 14. council urges the applicant to make every preserve the existing structure on Lot 1, and have about incentives we might work with, like tap fee whatever. attempt to discussions waivers or ASPEN CITY COUNCIL JULY 5, 1989: approved on first reading Ordinance 43. vested rights for the Volk Lot Split. The Council unanimously Ordinance 43 establishes 15 ~, . ASPEN CITY COUNCIL AUGUST 14, 1989: approved Ordinance 43 (Series 89) on vested rights for the Volk Lot Split. 16 ~ The Council unanimously Second Reading establishing ..-" ., , :~; CASELOAD SUMMARY SHEET city of Aspen DATE RECEIVED: ~821?~ DATE COMPLETE: / ~ / I PARCEL ID AND CASE NO. 2737-073-10-001 A45-91 STAFF MEMBER: LL PROJECT NAME: Sevmour/Volk project Address: Legal Address: Lot 1. Volk Insubstantial Plat Amendment Lot Solit. Plat Book 23. Paqe 24 APPLICANT: Richard Volk/Euqene Seymour Applicant Address: 1) 2929 Buffalo Sodwav. Aot 704. Houston 77098 2) 1465 Monaco Drive. Pacific Palisades. 90272 REPRESENTATIVE: Sunny Vann. Vann Associates Representative Address/Phone: 230 East Hookins Avenue Asoen. CO 81611 925-6958 -------------------------------------------------------------- -------------------------------------------------------------- PAID: (YES) NO AMOUNT: $203 NO. OF COPIES RECEIVED 4 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO j VESTED RIGHTS: YES NO paid~()~~ Date: Plann' Director Approva : \ Insubstantial Amendmen or Exemption: ---- -- y --------------------------------------------------------------- ~;~L;~----------------------------------------------------- city Attorney Mtn Bell School District . city Engineer Parks Dept. Rocky Mtn NatGas Housing Dir. /'1tOly Cross State HwyDept(GW) Aspen Water V Fire Marshall State HwyDept(GJ) city Electric Building Inspector Envir.Hlth. Roaring Fork Other Aspen Con.S.D. Energy Center DATE REFERRED: W;)Pf/CU INITIALS: /Jf-- ===========================================J~==r=1:============ , FINAL ROUTING: DATE ROUTED: Q ..5 <1 INITIAL: ~ ___ City AttY~City Engineer Zoning ___Env. Health ___ Housing ___ Other: FILE STATUS AND LOCATION: