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HomeMy WebLinkAboutcoa.lu.sr.Anderson.1979 1""\ ,,..-.,,,, MEMORANDUM TO: Aspen City Council FROM: Jolene Vrchota, Planning Office RE: Anderson Subdivision - Final Plat DATE: October 16, 1979 This application involves a request for separation of a lot of approximatjlY 6,087 square feet from 1,4 acres owned by the Hildur Anderson Trust, The prop rty, located on the east side of Aspen (south of Cooper Street on the east side of he Roaring Fork River) is presently zoned R-6 with a PUD overlay. The smaller lojj is intended for sale, while the remainder of the property will be retained by ~he current owners, The owners intend to replace the existing single family structlure with a new single family or duplex unit. In addition, they have offered to sel!l to the City approximately 1 acre on the north side of the property for park or ! residential use. i The Planning and Zoning Commission granted this application an exception tp full subdivision procedure such that the conceptual presentation before City Copncil was not made, The Planning and Zoning Commission gave conceptual approval on J~ly 17th and preliminary approval on September 11th, Preliminary approval was baseCl on referral comments from several agencies. Those comments are included in thel memorandum to the Aspen Planning and Zoning Commission, dated August 3, 1979, I None of these comments were negative, ' The Planning and Zoning Commission application at length. discussed several issues related to thik I , 1. An important trail link running from Herron Park to Ute Park extends! along the entire \Iestern boundary of this property, following the . I Roaring Fork River. The acting County Trails Director, Brian Staffor~, agreed that it was appropriate to request a narrow, unpaved fisherman!s access on this alignment. ! In addition, P and Z agreed with the applicant that it was appropriat1i to waive the park dedication fee on the 6,000 square foot lot conside ing the extensive easement being dedicated to the City, , 3. Hildur Anderson's existing log home is of historic interest, The ! Historical Society has requested that its historic significance be ! examined before the house is demolished, and the Open Space Advisory i Board requested that it be examined in terms of use as a caretaker I unit on Open Space property. I 4. The applicant's attorney requested that Hildur Anderson be permitted ~o remain in her current residence until a new structure could be built. I I , 5, Finally, the applicant has offered to sell approximately one acre of ~he property to the City of Aspen for residential (employee housing) or i open space use. P and Z wished to leave this option open for City i Council recommendation. Note, however, the referral comment from the I Open Space Advisory Board which suggests that this parcel is not a i valuable open space acquisition since the most valuable riverfront i portion of it is preserved under floodplain restriction, but its poten!tial for employee housing still exists, I The Planning and Zoning Commission approved the preliminary subdivision pla~ conditioned on points 3 through 7 of the attached letter dated September 10, 197p, The Planning Office recommends approval of the final plat with those conditrons: 1. The park dedication fee applicable to any single family residence to be constructed on Lot 2 will be waived by the City. I 2. If Mrs. Anderson decides to construct a new single family residence, I or duplex residence, on Lot 1 to replace the existing Anderson residenFe, the City will allow a period of 60 days following the issuance of I certificate of occupancy on the new structure for the removal or ! destruction of the old Anderson residence. 2, I , ,r-., ,~'I Memo to City €ouncil Re; Anderson ~inal Plat October 16, 1979 Page Two I I i 3, If a duplex residence is built to replace the existing single family 1 residence, a park dedication fee will be required only as to one hal~ of the new duplex, i ,e., the increase in density on the property, : 4, The trail easement shown on the final plat, approved by th~ County TJails Director, shall be dedicated as a fisherman's easement to the City o~ Aspen. I 5, The City shall be given a period of thirty (30) days following appro~al of the final plat of the Anderson subdivision during which to purchasle a 11 of the undeve loped property in Lot 1 whi ch 1 i es north of the I proposed new residential site, considering the conditions listed in siaid letter of September 10, 1979. i The Planning Office would add the further condition that the Aspen Historilcal Society, Open Space Advisory Board, or other interested groups be allowed to i examine potential historical significance or usability of the existing log housF before demolition is carried out.- r-. .1""\ MEMORANDUM TO: Jolene Vrchota, Planning Office FROM: Louis Buettner, Engineering Offi~ DATE: October 16, 1979 RE: Anderson Subdivision - Final Plat After having reviewed the subdivision plat for the above sub- division and having Alpine Surveys make plat correction, the Engineering Department recommends approval of the above subdi-! , vision. I I I I I l~ He/She should obtain a copy of the original plat. I 2) He/She should obtain signatures from all parties other th~n City and County. Signatures should be on both the origin I and copy in black ink. Please inform the subdivider that after approval by the City Council: 3) The original and copy should then be delivered to the City of Aspen Engineering Department. The Engineering Depart- ment will then obtain all City signatures. 4) When the subdivision plats are delivered to the Engineering Department the recording fees should be paid to the City Clerk. 5) Upon completion of the City signing the plats the City Clerk will record the plat with the County Clerk and Recorder. /'" r MEMORANDUM TO: Lou Byettner, City Engineering Department FROM: Jolene Vrchota, Planning Office I I I I Find attached a copy of the Final Plat for the Anderson Subdivision. It lis scheduled for City Council consideration on October 22, 1979, so please give I me your comments by Friday, October 12, 1979. Thank you. RE: Anderson Subdivision - Final Plat DATE: October 1, 1979 l. I, . .:'ll ~ SACHS KLEIN & SEIGLE ~ ,:S::FF"m:y H. SACHS HERBERT $. Kl_EIN JON DAVID SEIGLE ATTORNFoYS AT LAW 601 EAST MAJN STRr~ET ASPEN, COLORADO BIGll (303) 925.0813 DENVER OI:'F'ICE: 1060 LINCOLN STRE'ET-SUITE 1519 DENVER. COLORADO 80264 (303) 637-6600 September 10, 1979 , I '~A<i .-' 'I r]IfY-l~~ M ~ ~t0 Mr. Ronald stock Aspen city Attorney 130 South Galena Street Aspen, Colorado 81611 Re: Ilildur Anderson Property Dear Ron: This letter will confirm the discussion which took place today between us and Karen Smith concerning the pending subdivision application pertaining to the Anderson property. As a result of our discussion, it is my under- standing that the Anderson Subdivision Plat shall be sub- mitted to the Aspen Planning and zoning ~ommission on September II, 1979, to request the creation of two lots, subject to the following provisions: i I , , , , , i ! i I ;t-.lVd--tar 1~ ..~~tlel.-I 2) Lot #2 wil.l contain approximately - ::2.C/.,c &0.'= 1'"'2.t.~+ I 6,087 square feet and will oonstitute an' ~...;i: -&t~.c.,"'''''''''' ! undeveloped single family residential ~ :!~.., t..:~"1'iv-<i-,., -=-, '".1, !,' site located at the southeastern corner v- ~~ ~~ ~r ! of the Anderson property. ftv1...;d....er s;:..., .,,(,,\.--, , ry/~ $J",.AJ bv"I..l...~I... I~+ 3) The park dedication fee applicable to be... (. o-e-o 41 ~ any single family residence to be con- 'I structed on Lot ~will be waived by A+ ~~( h ~~k the City. Th~S consideration is requested . .U>"'=f' fJ .' ./" due to the somewhat extensive easement ded'e:..+t_., ' t.-';).'l; which is being dedicated to the City, b<l. pn:d" i as described below. . ii' 4) If Mrs. Anderson decides to construct a new single family residence (or duplex, i. residence) on Lot #1 to replace the ~-ktA~pk1~'~'~ existing Anderson residence, the City ~ 1b will allow a periOd of sixty days ScG.i"~",," 0$ "'~ following the issuance of Certificate of ~ ~"V Occupancy on the new structure for the. ~ :" &, 's:/,'",", removal or destruction of the old ~~v~ Anqerson residence. This would allow a ~ ~' . if' ~'fo 1) J"ot #l will contain approximately 54,477 square feet, inCluding the existing Anderson family residence. \ "J.,- . " . "".'~~:';~"".'. .~':":""'''ti.;. _><7..........,.:.;. .:~."t""""". _ ,"'~', .~',.."..._......~n,. ,.",,-. .. ......""'..-._... ~......,.,.... '-"""" '~" '--"'-- -,-..-,. .... " . .~ ,~ Mr. Ronald Stock Aspen City Attorney Septelnber 10, 1979 2 for Mrs. old residence a-.J..fv ~_d-e j'1-{'-':, .. t E ., ( 'I ( ~. At-o . 4i JJ2u 'UCd. . ) () If Mrs. Anderson decides to build a ,.0 k ' . duplex residence to replace her existing 10.- ~ #' .J.lo~-' s~ngle fam~ly residen~e, a park dedica- ~~~, , ~" .. tl.on fee W1.11 be requ1.red only as to U-. ..;;.;' one-half of the new duplex. The reason~~ /f' for this is that the other half of the ~<\~V J,v...wPO new duplex constitutes a replacement . ~ v . I. of the old single family resid€'nce and .,~.i , K does not increase the density. of the /~ property. . ! f. I~~ ..:Ji? A trail easement will be platted along ,,{ .t.(.J/'J~~ < ! the easterly bank of the' Roarir: g Fork 11:J ! River from the north boundary of the r . I Anderson property to the south boundary S~1- \.:11 "",' I. '" I,L of the Anderson property. Such trail ;:J --~'! 'c1;(C'{'-j"'f ,lff...-c easement will be approximately twenty ~ ~. ~, 11-(;" ,,<2,.\',2.t(,i--' J feet wide and will be platted i.n a /..,..t;;> i, l.---\.lQ k ~ practicable configuration to a:.low ~' I ~ ~~......( rJt::c( . persons on the trail to walk along the I _... river or along the bank of the river i outside the existing dense vegetation. ! C..(-k tA-eb..;d~ The trail easement will constit:ute a ~ [S 'J, ~t. "fishe:rman I s easement" and wiL,. not .; fl. ;;:'''Z1; ~~.,;a~~~. ea;~:e:;-:'1:n.'O'~Yc~~~cl~e"".J;d ~ ('~!f" M^- .. . ." , ~~'....4-.,...",".- ~ractical matter and will agree to '. ~. ~~ ~]~~J;::;) /~t~1~~~~:w~~~~:~:~:~!~~r~~X p:~:~o~~y ~~" ~i!rQ}t<J ,6' ~.! The City shall be given a period of ! thirty, days following approval of the ! 'final plat of the Anderson subdivision "_'" f ~ ^ !..f,fI4-. during which to purchase all of the r~ '"'""i undevelop~d property in Lot #l which i~ ~'~r:' lies n6rth 'of the proposed new residential r r ILJ..tJJ/n,dJ site of Mrs. Anderson. Assuming that k./ji.} of! 17:~-:,V'r . Mrs. Anderson \vill place her new residence /JA^^",~_J i. orVfII}.JL iJJ;J~on a lot which will comprise approximately v'IT- "':: -:-~ Ih' , IO,425 square feet in the southwestern ~1['1'N-V".) I~~ ~ vtU ~~~~e~p~;et~~i;~O~~~iYbet~~af~~~ t~i~;r l)~..,( ~", ~~' .~~~. I ~ ~ purchase by the City pursuant .to this _ ~~ /option will constitute approximately --jtl-Sl-/u:; . - .t-sa 44,052 square feet which will lie between Gi ' L vi 'Cooper Avenue and the northerly boundary- w~p t~~c~~ . I:f\ ~ ~ .Of Lot " and the new Ander_= ":J ""-II . "'-';:o::r;"i,:-.:j\\: ?1:?,:,:'.~~._ I.~~ #P;:'l'l'.":"'>"':M:/'i~~'.-', ,- ;::'l':t:i4.....:<'."...~:;O>"~~~,.'::'I'" '., -",""~';'.<<(""~--r""""<>~.:""O~" ,. '~-"2:-' :..~""?:i'7';<f$lff:-'':'~- , .,_..~~~.:" . ':'~"l~- , \0 convenient period of time Anderson to move from the to the new residence. \lfJ'" i 6) I' '3- 7) / -.,~~. ~~ '~:1:f~'~:" \'~ ~, ' .. ,~ ."""", Mr. Ronald Stock Aspen City Attorney September 10, 1979 3 residence to be constructed. The total 'price for purchase of such 44,052 square feet shall be $750,QOO payable as follows: I I , I I I I I . I I , (a) A cash downpayment of $30,000 shall be due on, or before December I, 1979. (b) The remainder of the purchase price shall be paid through issu&nce of ten-year revenue notes bear'ing an interest rate of 7% per anDum. (c) The principal of the revenue not,es, together with accrued interest, shall be payable in ten annual installments with each installment due on June I of each year. The first such installment shall be due on June I, 1980 and the last such installment shall be due on June I, 1989. The principal install- ments due in 1980 and 1981shall be $3!;,000 per year. The principal installments due in 1982, :,983 and 1984 shall be $100,000 per year, and the remaining five principal installments due in 198'5 through 1989 ~hall be $70,000 per year. I i I I I I I I I I Thank you for your cooperation and assistance in' this II matter. It is my understanding that we Bha'll request the Planning and Zoning Commission to review and approve this ! matter on sep'tember 11, 1979, and that if such approval is I obtained the final plat shall be submitted t,o City counci~I 11',1 on S~tember 24, 1979. ~?-' &/ ~ ~ ~./J.L<..t{ f(}(~' &t-tC4.flv:-l cpwl-..:h.......: Very truly yours, ~ "! I, 'fr..,i/ 2- . p':'rk.. "'"oJ...... I.of 2.. p~;,/ SACHS, KLEIN & GEIGLE . ?.. wolle r:.v/t. dd, 0.. I"'"E'" Id, ~ .....,.+1.. ...k """ r:;:z. if . '!:.JJ;~7!;pf<k)~ 0.4 By: S JJ !IS . . A. 1-h';.tTV'ir...f s."e.;'h .....,..h, ~ ,>'i)...:.- Jeffrfey H . Sachs ~t>~ ~ .-f..,JI"e....(,.;.~ , JHS/gk S, *f ;;)b,II€. ; co: Ms. Karen Smith z.!s. Jolene Vrchota;/ Mrs. HildurAnderson r 1~~epd ? ({4 ~ fr;-v ~cf;~j '\ki ,:'..>'i' ,-,,"~ ~ '. ... , i"""'I , .-., \ M E M 0 RAN 0 U M TO: Aspen Planning and Zoning Commiss~on FROM: Open Space Advisory Board (Jon Mulford, Chairman) RE: Hildur Anderson Subdivision DATE: September 4, 1979 The Open Space Advisory Board was. asked, at its August 21, 1979 meeting, to comment on a subdivision application being submitted by the Hildur Anderson Trust. As we understand, the City is considering purchase of approximately one acre of land at the front of Hildur Anderson's property, which lies east of the Roaring Fork River and south of Cooper Street, for use as open space and/or employee housing. The Board sees no compelling reason to purchase the land from an open space point of view. It is not included on the OSAB list of high pri- .ority lands for open space acquisition (i.e., other properties seem more appropriate as early additions to an open space r,etwork~. In addition, a sUbstantial portion of the property is in the lOO-year floodplain of the Rearing Fork River. It is ,thereby protected from de- velopment by the'1unicipal Code requirement for Stream Margin Review (Section 24-6.3). This protected riverside port'. on of the property is the most important for visual and open space amenities and will be avail- able to the public with the dedication of a trail easement. The Board would advise the applicant to consider giving a conservation easement on the floodplain portion of the property. This, would further insure protection of the area as open space for pub ' 't, as well as to provide tax benefits to the appljcant. The. arks Trust f the Pitkin County Parks Association might accept the'ea ation. In addition, the Advisory Board would support the donation of Hildur ~derson's house.to th~un't~t such time as a replacement dwelling lS completed.' _ I i I i I I I I I ,1. I ! .. . , I . .J'.J.h;.. WERE lJSl:d A~ A.' fv1,Jhad, ,WhA+ 'IS Lo~O~ v.;~ dllI.JA-h'oJ.) +, ~E <!.4~ ~ ! " , '!' .Rs . ., -, '\ .~ \ MH10RANDUM TO: Aspen Planning and Zoning Commission FROM: Jolene Vrchota, Planning RE: Hildur Anderson Subdivision DATE: August 30, 1979 At a regular meeting of P & Z on August 7, you approved the preliminary plat fO~ the Anderson Subdivision, based on several conditions. To briefly reiterate, the applicant requested separation of a 6,000 square foot lot from approximately 1.4 acres owned by the Hildur Anderson Trust. The lot split did not involve a GMP allocation, and was excepted by you from full subdivision ro- cedures. Most of the preliminary approval conditions were acceptable to the applicant (inblUding park dedication fees, not removing Hildur's house until she has a replacement, af'd attempting to preserve the structure). The one condition which created a proble was the requirement for a workable trail alignment along the Roaring Fork. The applicant's attorney, Jeff Sachs, presented a solution to Ron Stock and the Plan ing Office in his letter dated August 9 (see attached). Briefly, that involved draw~ng the lot line between lots 1 and 3 to assure the applicant of the potential to se~ the large lot at the front of the property. With that assurance, the applicant ~s willing to give the easement for a wider, usable trail alignment on lot 1. (Not~ that lot 1 would not be developable unless the owner goes through subdivision pr~- cedures. ) I ! The Engineering Department, however, pointed out that Section 20-17(c) (4) of th~ Municipal Code requires "all lots shall front on a public street or a private street if approved by the planning commission." (See attached memo form Louis Buettner.~ As proposed, lot 3 would have access through lot 2 by way of an easement which will be established in a document of sale. This appears to be reasonable, leaving the decision of accepting such an easement up to a future purchaser. Lou Buettner'sl concern, however, is that an easement across a single-family lot to provide accefs to a multi-family dwelling would place undue burden on the single-family lot owner. Jeff Sachs will attempt to work out a solution prior to the P & Z meeting. ! Before your meeting on September 4, Brian Stafford (acting County Trails Directot) will suggest an alignment for a trail along the river. The request may involve ~ natural surfaced trail, with a bike trail to be located on the City access road lead- ing to the Redwood Condominiums and Tony Kastellic's house. This change is precip- itated by input from residents of that area who are concerned about locating a bike trail on the river bank. TO: FROM: DATE: RE: """"'1 ,~ M EM 0 RAN DUM J01~ne Vrchota, Pla~ning, Department ~5" ' LouJ.s Buettner, EngJ.neerJ.ng Depar~ ',' '.' "'''--0; ," August 29, 1979 Anderson Subdivision Amended Plat >';'"''"''''' The comments on this amended subdivision ingDepartment areas follows: plat from the Engineerj I 1. All regulations in the city codes require submittals to be on a standard 24" x 36" sheet. 2. The trail alignment is not satisfactory, too much of the trail easement is located within the water of the river. 3. Lot 3 does not have "the required street right-of-way fronr tage. This requirement is set forth in the Municipal i Code Section 20-17 (C) 4. I i , I I i , To reentrant on our discussion of the Sachs letter dated Augus~ 9, 1979. I 4. Ties are required to locate the major structures on the property. 1. Lots 1 and 3 have different areas shown in the letter on the plat. The difference is 1425 sq:ft., Lot 1 is ler and Lot 3 is larger. I I andl sm~l- I , I , , 2. Paragraph 6 shown on page 2. of the letter gives a price for the city to purchase Lot 1.. The area of Lot 1 is different (as shown on the plat) so will the purchase price change? 3. Page 3, the time table for submitting the final plat to council is all wrong. The Engineering Department has 14 days to review the final plat submission after they rece~ve the plat. . I The Engineering Department would recommend withholding approval of this prelL~inary subdivision submittal until the following 2 items are addressed. 1. The lot frontage of Lot 3 on a road right-of-way. 2. The trail alignment is relocated so as not to be in the river. __._J ,n \,V""\, ~ 1J'~ . tit all,/ PUBLIC NOTICE i I I NOTICE IS HEREBY GIVEN that a public hearing will be held before the I Aspen Planning and Zoning Commission on Tuesday, September 4, 1979, at 6:15 P.~l., in the City Council Chambers, 2nd Floor, City Hall, 130 South Galena Street, i Aspen, to consider an amended preliminary plat for the Hildur Anderson Subdivi~ion Application. Further information may be obtained from the Planning Office, l3p South Galena Street, Aspen, 925-2020, ext. 298. i /s/ Olaf Hedstrom' I Olaf Hedstrom, Chairman I Aspen Planning and Zoning Co~mission I I I I I I Re: Hildur Anderson Subdivision Preliminary Plat Amendment Published in the Aspen Times on August 16, 1979. To be billed under City of Aspen fund. " - ~, , : SACHS KLEIN & SEIGLE JEFFREY H, SACHS HERBERT'S. KLEIN JON DAVID SEIGLE ATTORNEYS AT LAW 601 EAST MAIN STREET ASPEN, COLORADO 81611 (303) 925.6813 DENVER OFFICE: 1660 LINCOLN STREET-SUITE 1!518 DENVER, COLORADO 60264 (303) 837.8800 August 9, 1979 Ronald Stock, Esq. City Attorney, City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re:- Hildur Anderson Property Dear Ron: This letter will confirm the discussions which took place today between us and Jolene Vrchota concerning the subdivision application pertaining to the Anderson I Subdivision. As we all realize, the platting of the propos1d trail easement along the Roaring Fork River at the westerly, boundary line of the Anderson property was the subject of ! considerable discussion at the Planning Commission meeting ! last Tuesday evening, and it is necessary that we formulate I a mutually agreeable solution to the easement problem which I meets the needs of the Anderson family as well as the City I and County. With this objective in mind, I sincerely trust I that the following proposal which we discussed today will ! meet with the approval of the Planning Commission and City I . Council. ! I 1. The Anderson Subdivision plat shall be redraw1 to include three lots as follows: . , . 44,0& No. I comprising approximately ~7! including the existing Anderson famil~ I I (b) Lot No. 2 comprising approximately 6,087 ! square feet constituting an undeveloped single-fa~ily residential site located in the southeastern I corner of the Anderson property. I I~ 45'2_ (c) Lot No. 3 comprising approximately ~ square feet constituting an undeveloped duplex site located in the southwestern corner of the Anderson property. ! 2. A subdivision agreement will provide that Lot I No. 2 may presently be developed as a single-family residenc~. However, Lot No. 3 may not be developed without the removal Fr , (a) Lot square feet, residence. - \ ~ \ Ronald Stock, Esq. August 9, 1979, Page two I I I destruction of the existing Anderson house located on Lot No I'. I. In the event of development of Lot No.3, a 60-day grace period will be provided following the issuance of a certifictte of occupancy for the new structure located on Lot No.3, and during such grace period the existing single-family residenc on Lot No. 1 will be required to be removed. I 3. The park dedication fees applicable to any I structures built on Lots 2 and 3 will be waived by the city. However, all applicable park dedication fees for any subsequ development of Lot No. 1 shall be paid if and when said lot is developed. 4. The subdivision agreement will provide that th will be no subsequent development of Lot No. I without proce ing through the applicable subdivision procedures, including the growth management plan or any other applicable zoning I laws in effect at the time of proposed development. I. 5. A trail easement in a practicable and usable I configuration will be platted along the easterly ba, nk of thel Roaring Fork River from the northerly boundary of the Andersfn property to the southerly boundary of the Anderson property. The trail easement will comply with applicable County standafds for construction and maintenance of the trail. I I 6. The city shall be given a period of 30 days following approval of the final plat of the above-described subdivision in which to purchase all of Lot 1 comprising approximately 45,477 square feet for a total purchase price of $750,000.00 payable as follows: (a) A cash down payment of $30,000.00 shall be due on or before December 1, 1979. (b) The remainder of the purchase price shall be paid through issuance of 10-year revenue notes bearing an interest rate of 7% per annum. (c) The principal of the revenue notes, together with accrued interest, shall be payable in 10 annual installments with each installment due on June I of each year with the first such installment due on June 1, 1980 and the last such install- ment due on June 1, 1989. The principal ,-.. ?". . .. Ronald Stock, Esq. August 9, 1979, Page three installments due in 1980 and 1981 shall be $35,000.00 per year. The principal install- ments in 1982, 1983 and 1984 shall be $100,000.00 per year and the remaining five principal installments due in 1985 through 1989 shall be $70,000.00 per year. It is my understanding that this subdivision . application will be scheduled for re-hearing by the Planningl. Commission on Tuesday, September 4, 1979, for approval of preliminary plat, and for final hearing before City Council l on Monday, September 10, 1979. I am very pleased that we have been able to struct re what appears to be a very beneficial proposal to meet the ne~ds of the Anderson family, the City and County. Thank you veryl much for your continuous cooperation and assistance. If youl should have any questions concerning the above proposal or I if you should wish additional information, please feel free to telephone me. In the meantime, I will proceed to instruct I the surveyor to immediately provide copies of the amended preliminary plat for submittal to the Planning Department. I Very truly yours, JHS/jeb~ cc: ~. Jolene Vrchota Mrs. Hildur Anderson By c. ~,!'~.r!~~':~'!l ,lit ~ .j~: (,'~ 11/ ~, :\~:';"'::?'-"'-;.;::r--"- :;fjj;"~.fl!;<t~~l':"~; . f' ~"\,:.:;:f:1 ;::':Z .,~ \ \ -I. > lfi r ':':'. \J ~ >,,~::.,11~: ';,.;crf/"",' ~,,'- ;" , ',;l~ ~ c; '<11 ,::> ._ ;(~ ~ 9i 1\'1' =; VI :\0- / I',,,~- ../ ~ ~ .- =-..... o ~tC ~-..... =t;QO .- = - .- rIl ~ ---.......= =~ ~..... =- rIl < +> Ol Ol C) S- <= +> ,~ (/) S- S- '" Ol o 0. IX 0 ::l 0 '" u >$ en .() ,,<<; '" M 'iI' ~.<:: 0 t-'2></ ~ U .J>r- :J.~<j.' ,: ~'F~ ,s < .4.1- ,r.-;;,' -8'-- <:,J J V ,(,~" .~. ~ " '(II-\) ~ ~~" .- ~ =-..... O ~..... ~\C ~-I""'I =t;QO .- = <= 0 ,~ +> '" ,~ <.> 0 Vl Vl =:C Vl S- Ol <= .. 0 -\, Ol a :J:: E ::l ,~ ~ <= ~ ,~ <D E ~ 0 a:> -0 <= 0 0 u co u "- -0 "'" 0 M <= 0 "'" Ol .. X 0. ' -0 Vl Ol 0 =:C IX '" " :" ~ ~,2U .!J..!.U.:: 1 'u..! , . i ~ :" I :!!,~~ U") \ .:,(*-., "'0": I \,(,.."- !(.~ I ~ ill (,'~ 11 I :. ; ':~),';'.?')F#'--:A'::-~ ',T ..... ",vifl1.>,., i\ \ ~'~~.'.;:~ ?S; >~ ,~ \ ~~,_::,~~: , ,J~>'- -, . ;'('C- ~ 2~ ,rl:",1 <-::> ..,.I Jr' <,,;; .....~. : t,';:, 5 (;i "\t>-eJ-' . \1> :--:' <= o ,~ +> '" ,~ <.> o Vl Vl =:C Vl s- Ol <= 15 Ol E o :J:: ->I. s- o w.. w c:3 <t: I- 0- W t..:) W e::: --I ,~ O' 2; ~ ~ <D ~ co o u <= Ol 0. Vl =:C \,) \,.., . I . .. ,i , , I j " \\\\\\\ ~ I . (i i i I!,! \\ \ \ \ \ \, \ \ ) } Ii" '.1.) I'.. I i" , ~ .~ MEr10RANDUM TO: Aspen P & Z FROM: Jolene Vrchota, Planning RE: Hildur Anderson Subdivision DATE: Auqust 3, 1979 2. 3. 4. ",';::;.':CC..." i 5. Bob Jacobs, City Fire Marshall, commented as follows: i The proposed Hildur Anderson Subdivision will find no objection from th~s office in regard to fire emergency service due to its proximity to the Jspen Volunteer Fire Station and the fire hydrant, #042, located on Riverside Drive approximately 600 feet south of Cooper Avenue. This hydrant should ade uately serve the existing dwelling and any building site on the proposed 6,087 !sq. ft. lot. i ! conceptual approval was based on several conditions. i , 1. Approval of the plat by the City Engineer. (See attached memo from Lou 'BJettner.) "Most of the concerns have been addressed sati sfactorily on the pre 1 imi nar~' pl at. Lou will comment prior to the P & Z meeting on changes which were made. f the 'IS probems::are satisfactorily deaJt with, the engineering department will re ommend approva 1 . ~ The trail easement does present problems since the 20 feet, while substan ial in width, is partially under water and partially is the location of substantial cotton- woods. I Park dedication fee on the smaller lot is to be paid. P & Z 2. 3. i P, ark dedication fee on the larger lot will be waived, but a note will be ~ritten at the time of issuance of the BuildiD9 Permit such that the fee will be on- sidered in the event of a sale to the City or collected by a specified da e if ;that sale does not occur. The fee will be calculated or increased densit~ from a single-family to duplex units. i The applicant's attorney has begun to discuss sale of the property with Ron Stock, 4. The Historical Society want to examine the potential historical Hildur's house before demoliton is carried out. significanice of I , r-, .~. 5. Hildur will be allowed to remain in the existing house until a certifi of occupancy is issued for a new unit on the property to be occupied by The Planning Office recommends preliminary approval, carrying forward condition 2, 4, and 5 specified above, and conditioned on solution of all engineering concerns in- cluding trail easement) prior to final plat approval Efrom the City Council). ,......,. ~, Alpine Surveys Post Office Box 1730 Aspen, Colorado 81611 303 925 2688 July 26, 1979 LIST OF OWNERS ADJACENT TO HILDUR ANDERSON PROPERTY b,ocx!hei~ Redwood Condominiums Box 4348 Aspen, Colorado 81611 Louis J. & Edward Gregorich Box 142 ' Aspen, Colorado 81611 Chateau Roaring Fork 1035 Cooper Street Aspen, Colorado 81611 Anthony J. Mazza Box 2688 Aspen, Colorado 81611 Park Trust Ltd. Box 940 Aspen, Colorado 81611 Perry H. Pollock Box 950 Aspen, Colorado 81611 C. M. Clark Box 556 Aspen, Colorado 81611 Thomas J. Carlson Box 9350 Aspen, Colorado 81611 Edgar Richard, Trustee 737 Gordon Terrace Chicago, Illinois 60613 i\J~ ~ ~-/Z. r-ftcr ! ,- ,..-" MEMORANDUM TO: RICHARD GRICE, PLANNING OFFICE LOUIS BUETTNER, ENGINEERING DEPT~~~ July 25, 1979 FROM: DATE: RE: Anderson Subdivision In reviewing this application as a preliminary subdivisio~ sub- mittal, the engineering department has the fOllowing comments: This application has bounced between subdivision and subdivision exemption and both reviews require the information listed below which is missing from the submittal. 1) Boundary ties to government land survey monument. 2) Location and dimensions of existing streets. 3) Existing contours (@ 2' intervals if less than 10% slope). 4) Designation of 100 year flood plain. 5) Names and mailing addresses of adjacent property owners. The following items did not have sufficient information for a complete review: 1) The boundary description is to be written on the submittal. 2) The location a~d size of existing utilities (sewer). 3) The location and dimensions of proposed lots with numbers. All regulations require the submittal to be on standard 24" x paper. The trail easement will need to be marked on the ground. In making a site inspection of the property, it appeared that trail easement was located in the. river: 361" , t~e I The engineering department would recommend withholding approval of this preliminary subdivision submittaL jk cc: Hildur Anderson, c/o Jeffrey H. Sachs Alpine Surveys .""'" ".-... MEMORANDUM TO: Jolene Vrchota, Planning Office FROM: Bob Jacobs, Fire Marshal DATE: July 18, 1979 RE: Hildur Anderson Subdivision The proposed Hildur Anderson Subdivision will find no objection from this office in regard to fire emergency service due to its , proximity to the Aspen Volunteer Fire Station and the fire hydrabt, #042, located on Riverside Drive approximately 600 feet south of Cooper Avenue. This hydrant should adequately serve the existing dwelling and any building site on the proposed 6,087 sq.ft. lot. The Stallard House 620 W. Sleeker St. 1.4'p.m. Except Monday OFFICERS Mrs. Dilv,d E,Ba.bee.P...s. Mrs. Theodore L. Mulafl. Vice Prts. M<. Charles T.Brandt. VieePrts. Mrs. Sepp Kessler. Secretary Mr. Aee$!! H. Henry, Jr.. T,eas, TRUSTEES M,s. \NilhilmAnder~n MrS.Oilv,dE.BartMle Mrs. f<edricSenedict Mr, CllarlM T. Sundt Mrs,SamuelCiludill MrS. C.T. Collins Mrs. (?ranQerCostikYa<l M,. Peter o...Muth Mrs. F'<edGlidden Mr. ReeseH. Henry. Jr. Mrs.WillonJalfee,Sr. Mrs Sepp Kessll!r Mr. Fred Lanl! Mr. SIl~arlMilCl! Mrs. John Mer<iam Mr. E,W. Morse III M,s. T.L. Mutar~ Mrs. W,ll,am C. Stapleton Mr, Hl!nry L. Stein Mrs, Dayton L. Worden t-lONORARV TRUSTEES Mr. He.be,tBlIyer M,s. D.R.C, Brown Mrs. W.F. CaUilhan Mr. Everl!lI D9golye< Ms, Patne,a Earhart M'.Auzl!IGerbaz Mrs_ V"II.tGould Mrs, John Herran Mr.Witlan Jaffee. S<. Mrs. Joan Lane Mrs. Munro Lyelh Mr,HaraldPIlh'>1 Mrs,WaflerP.Paepeke Mrs, Robert Perry Mr, ThomdareS. Ryan Mrs. W,H. Tw,ning Mrs. LtnaVan laon r--, ~~ MEMORANDUM To: Jolene Vrchota, Planning Office John P. Stanford, Aspen Historical Society Hildur Anderson Subdivision July 13, 1979 From: ReI Date: The Aspen Historical Society has no problem with the proposed Hildur Anderson Subdivision. We suggest, however, that future demolition of the existing residence not be per- mitted until the potential historical significance of the structure has been determined. Bolt 1323 Aspen, Colorado 81611 ~ (""'\ ,.-" MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jolene Vrchota, Planning Office RE: Hildur Anderson Subdivision DATE: July 13, 1979 This application is a request for a subdivision exception for 1,4 acres owned by the Hildur Anderson Trust. The property, located on the east side of Aspen (south of Cooper Street on the east side of the Roaring Fork River), is presently zoned R-6 (minimum lot size per dwelling unit is 6,000 square feet; duplexes are allowed) with a P.U.D.* overlay, The applicant wishes to separate, for sale, a lot of approximately 6.087 square feet from the ,remaining ~ property. In most cases where a platted parcel of land is divided into two parcels along established boundaries, and no unusual circumstances exist, an exemptionl (Section 20-19) from the stringent subdivision procedure is granted. Because r impacts of the split will not be great, only conceptual approvals need be give. In this case, however, the property is not platted, Yet, the impacts of the separation do not appear to be detrimental to public welfare. The smaller loti is to be sold as a single-family or duplex housing lot, and the remainder of the property will be retained by the Hildur Anderson Trust, The applicant. expects to construct a duplex unit on this parcel, half of which would be I' sold and half of which would provide a larger, more modern residence for Ms. Anderson. The Trust is currently in the process of discussing with Ron 1 Stock the possible sale of about one sqtlil:re--mile to the City of Aspen for park or residential use. eli,:'-'''' The above information gives you some background on the procedures involve and the substance of this application. There are two questions at hand: 1, Does the P and Z recommend conceptual approval of this application for a lot split? 2, Will the P and Z grant an exception from full subdivision procedure?1 The Planning Office recommends conceptual approval of the 6,000 square foot lot from the remainder of the property, with conditions based on referral comments from City staff members: 1. Approval of the plat by the City Engineer, including approval of the dedication to the City of a 20-foot wide trail easement extendin the length of the property, 2. Payment of a park dedication fee on the smaller lot, 3. Negotiation of a purchase by the City of one square mile on the northernportion of the property for park or residential (employee housing) use, to be carried out by the City Attorney and the applicant. '/ *See Chapter 24, Article VIII, page 1487, of the Aspen Code for a description of Planned Unit Developments, In this area of Aspen, the P,U.D, overlay is intended to allow design approaches for subdivisions so that slopes can be avoided. --7 /' tl^ ~ ,~, i Memo to Aspel P and Z Re: Anderson ISubdivision July 13, 1971' Page Two i , The Planning Office further recommends a subdivision exception to elimin~te the second portion of conceptual (before City Council). Therefore, the applida- tion would be brought back to P and Z for preliminary plat approval and recei1e final plat approval before City Council. The City Engineer and Attorney agre that all concerns can be handled in this procedure, i i i i i r-., ,,-.... MEMORANDUM TO: Dave Ellis, City Engineer Jim Markalunas, City Water Department Jim Holland, City Parks Department Bob Jacobs, City Fire Marshall Stogie Maddelone, City Electric Department Willard Clapper, Rocky Mountain Natural Gas Gepe Krill, Mountain Bell lH€iko Kuhn, Aspen Metro Sanitation District Hans Van de Kamp, Canyon Cable T.V. Corp. John Stanford, Aspen Historical Society I I I I I i I f- Please find enclosed the preliminary plat and subdivision application I submitted on behalf of Hildur Anderson. This item is tentatively scheduled for Public Hearing before the Aspen Planning and Zoning Commission on August 7, 1979. Therefore, please return your written comments to me by Wednesday, AuolJ!:t 1. 1979. Thank you. FROM: Jolene Vrchota, Planning Office RE: Hildur Anderson Subdivision DATE: July 10, 1979 .. 1-1 t r,...r:. VR- ;!: AL=./~&.. 1>"'" ,EP.,- IJ-J tf'<O~/''/~&- ,s./j....'n' nj~ 'r:> "aL,,,,, "'" "v-r~ b I '-'i r I () __ . r if e I' ,tl..e-f' l~ - r' IT i - I I I I " ~o fiJ?-M<-e1-f /, 'S e:- j,-,., I c.--e ,6 rrl', f'~Of'OS"'''' ~,....~~-s<,)- S'e#-VlCE"b' I--'O~. ~-L '/irr k/ I I A/7t.b,. . ., ~ TO: FROM: RE: DATE: "\ .~ .....':- ,-" MEMORANDUM , p~e Ellis, City Engineer_ ~m Markalunas, City Water Department Jim Holland, City Parks Department Bob Jacobs, City Fire Marshall Stogie Maddelone, City Electric Department Willard Clapper, Rocky Mountain Natural Gas Gene Krill, Mountain Bell Heiko Kuhn, Aspen Metro Sanitation District Hans Van de Kamp, Canyon Cable T.V. Corp. John Stanford, Aspen Historical Society Jolene Vrchota, Planning Office Hildur Anderson Subdivision (// ... July 10, 1979 , Please find enclosed the preliminary plat and subdivision application ~ submitted on behalf of Hildur Anderson. This item is tentatively scheduled for Public Hearing before the Aspen Planning and Zoning Commission on August 7, 1979. Therefore, please return your written comments to me by Wednesday, -Auow;t 1. 1979. Thank you.' ,. Ai c,JUc: -~ ~~A ~ ~ ~ .st~W . b.J ~~ uJ;:ttJ vJ~ ~.. e:rp ~ #..l~ n ~ ~ ~ MEMORANDUM TO: ~ Dave Ellis, City Engineer - Jim Markalunas, City Water Department Jim Holland, City Parks Department - Bob Jacobs, City Fire Marshall -.S~gie Maddelone, City Electric Department ~i11ard Clapper, Rocky Mountain Natural Gas Gene Krill, Mountain Bell - Heiko Kuhn, Aspen Metro Sanitation District Hans Van de Kamp, Canyon Cable T.V. Corp. - John Stanford, Aspen Historical Society FROM: Jolene Vrchota, Planning Office RE: Hildur. Andet"soii Su.bdivision DATE: July 10, 1979 , I Please find enclosed the preliminary plat and subdivision application I submitted on behalf of Hildur Anderson. This item is tentatively scheduled fOf Public Hearing before the Aspen Planning and Zoning Commission on August 7, I 1979. Therefore, please return your written comments to me by Wednesday, .AlIOIJ~t 1. 1979. Thank you.' I d~ 7UJd~tJ;$~ t .tJ-f~'~2!X;- ~ ~'i-~~~,~. .. , 6Jc fW,' /?1tZ?t~b'. . .. . 1Jlt J/dZi , /""., 1"""\ MEMORANDUM TO: Dave Ellis, City Engineer Jim Markalunas, City Water Department Jim Holland, City Parks Department BQb Jacobs, City Fire Marshall ~ogie Maddelone, City Electric Department Willard Clapper, Rocky Mountain Natural Gas Gene Krill, Mountain Bell Heiko Kuhn, Aspen Metro Sanitation District Hans Van de Kamp, Canyon Cable T.V. Corp. John Stanford, Aspen Historical Society FROM: Jolene Vrchota, Planning Office RE: Hildur Anderson Subdivision DATE: July 10, 1979 ; Please find enclosed the preliminary plat and subdivision application submitted on behalf of Hildur Anderson. This item is tentatively scheduled for Public Hearing before the Aspen' Planning and Zoning Commission on August 7, I 1979. Therefore, please re,turn your writ tencomme"n ts to me, bY, wedneSday,. 'rl'~' . .Auom;t 1. 1979. Thank you. ; ~ C' .. " / ' // L~K '~...c_:.e, -7L:o~~~~7'/ ' - ~J'Y/ I - ----- ~- .1 ...1 ..-, /''''''''';, SACHS KLEIN & SEIGLE JEFFREY H. SACHS HER8ERT S. KLEIN JON DAVID SEIGL.E ATTORNEYS AT LAW 601 EAST MAIN STREET ASPEN, COLORADO 81611 <:303) 925.6813 DENVER OFFICE: 1660 LINCOLN STREET-SUITEl15tB DENVER, COLORADO B0264 (303) 837.8800 July 9, 1979 Ms. Jolene Vrchota Aspen Planning Department Aspen City Hall 130 So. Galena Street Aspen, CO 81611 Re: Anderson Subdivision Dear Ms. Vrchota: Enclosed are two copies of the amended Anderson I application which has been revised to constitute ~ concePtua~ presentation for subdivision of the Anderson real estate . (rather than the previous application for an exemption from the subdivision process). Also enclosed is a check for pay_l ment of the subdivision fee. The subdivision fee was cal- culated as follows: a. $100.00 initial presentation fee; plus b. $84.00 which equals 1.4 acres x $60.00 per acre; minus c. $50.00 credit for fee previously paid upon presentation of subdivision exemption application which has been amended herewith. Thus, the total fee of $134.00 is paid through the enclosed check. Very truly yours, SACHS, & SEIGLE / . ! By JHS/jeb Enclosure .",...... ,.-, , ~)" 1""'- ;110.. '~~;;".;,~. ;":4}01:.'~"~~ . CITY ...OF.'''' ~~';~t:;':A':'. . SPEN . ',~:-;,:'I '. ,J" .' ,; .. . .. . .... :"..~. ". , .'.. .. 130 s ~,~:f.~,~g,aJ~:'",~~S t r e e t .".~;,?",:I~ .~. ",..:: .: \,,":"~ ,,"~, ,:!~'(i;:\1)" asp e n~;;\,ifi9J~ t3:~9.;;:' 81611 "',~' . ". . . .',' ....~.,'" ~.~ MEMORANDUM DATE: June 13, 1979 FROM: Jolene V~c::ho~ ( , Ron S~)5 Hildur Anderson Subdivsion Exemption TO: RE: I recommend subdivision approval for the Hildur Anderson lot split. However, a determination should be made by the City Engineer as to the necessity for having a subdivision plat of the property. If a plat is necessary or desirable, I would recommend subdivision exception rather than exemption. RWS : mc ~ .'-'. MEMORANDUM TO: Ron Stock, City Attorney Dave Ellis, City Engineer FROM: Jolene Vrchota, Planning Office RE: Hi1dur Anderson Subdivision Exemption DATE: June 5, 1979 . r- Please comment on the enclosed application for subdivision exemption. I As you are aware, Ron, this is the first step in a longer process .in which the Hildur Anderson Trust will sell a considerable amount of her property to the i City for park use. '. I . I Return your comments to me by July 9th, as I have tentatively schedu.1ed it for consideration at the July ,17th City Planning and Zoning Commission meeting. Thank you. , ~, ,-' SACHS KLEIN & SEIGLE JEFFREY H. SACHS HERBERT S. KLEIN JON DAVID SEIGLE ATTORNEYS AT LAW 601 EAST MAIN STREET ASPEN, COLORADO 81611 (303) 925-6813 DENVER OFFICE: 1660 LINCOLN STREET-SUITE 1518 DENVER. COLORADO 802154 (303) 861_2493 June I, 1979 Ms. Jolene Vrchota Planning Department City of Aspen City Hall Aspen, Colorado 81611 RE: Hildur Anderson Property Dear Jolene: I am enclosing herewith an application for exemption from subdivision requirements concerning the proposed sale and conveyance of a 6,000 sq. ft. lot out of Hildur Anderson's property. The application is submitted in accordance with our prior conversations concerning this matter. I am also enclosing 3 copies of a "conceptual plat" concerning the proposed lot. Please telephone and let me know if you have any questions concerning this application or if you wish additiona~ information. Please also let me know when we might expect the application to be submitted to the Planning Commission. Very truly yours, JHS:jas enc. .'''' , r'\ r'\ I Isf lI~/~ I I APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of The Hildur L. Anderson Trust (hereinafter referred to as "Applicant"), under Section 20-19(a) of the Aspen, Colorado, Subdivision Regulations, for an exemption from the definition of the term "Subdivision" with respect to a parcel of land con- taining approximately 6,087 sq. ft. located in the City of Aspen, Colorado, and more particularly described in Exhibit A attached hereto. The proposed 6,087 sq. ft. lot is part of an un- divided parcel of land containing approximately 60,984 sq. ft. The land was.formerly owned by Hildur L. Anderson and William E. Anderson, as joint tenants, until Mr. Anderson died on May 14, 1978 and his interest in the land passed entirely to Hildur L. Anderson. By warranty deed dated August 14, 1978, recorded in Book 352 at Page 969 of the real property records of Pitkin County, Colorado, Mrs. Anderson conveyed the property to her sons, Albert W. Anderson and Edwin Paul Anderson, Trustees of the Hildur L. Anderson Trust. A copy of such warranty deed is attachedl hereto as Exhibit B, and a copy of a title insurance commit-I ment pertaining to the property as of August 22, 1978, is i attached hereto as Exhibit C. In order to implement the estate planning purposes of Mrs. Anderson and her family and to repay mortgage indebtedness against the property, the Applicant wishes to convey and sell the proposed lot containing approximately 6,087 sq. ft. It is submitted that the requested exemption is appropriate. The entire property is presently zoned R-6 and the minimum lot area for construction of a single family residence in such zone is 6,000 sq. ft. It is the ,-., ,-., .' I intention of the Applicant to sell and convey the proposed I lot for development as a single family homesite. The totall property presently includes only one single family residenc which constitutes the home of Mrs. Anderson. Thus, the prof jected total population of the proposed development will bel two single family residences located on two lots constituti~9 6,087 sq. ft. and 54,897 sq. ft., respectively. Such densiiy I is far below the potential development permitted under the present zoning of the 'property and any application of the existing Growth Management Quota. Access to the proposed lot will be via Riverside Avenue which runs adjacent to the easterly boundary line of the lot. Water and sewer to service the proposed lot are also located in Riverside Avenue adjoining the lot. An easement 20 ft. wide has been provided along the southerly boundary line of the lot to afford access and utilities to land located west of the lot and east of the Roaring Fork : River. Such easement has been reserved to accommodate the possible relocation of Mrs. Anderson's single family reside ce (or the possible development of a duplex building) at such \ I site immediately west of the proposed lot. In the event of any future development in such manner by Mrs. Anderson, the existing Anderson home (which is a non-conforming use due its location within the floodplain) will be abandoned or t4 I razed, as required pursuant to any conditions imposed in connection with the issuance of the building permit for Mrs. Anderson's new residence. An exemption in this case will not conflict with the intent and purpose of the Subdivision Regulations of the City of Aspen, which are intende~ to further the orderl , efficient and integrated development of the City and to insure the proper distribution of population, to coordinate the need for public services, and to encourage well-planned subdivision. It is submitted that this application is clearly -2- r- ,-, . 'c within the matters intended for exemption pursuant to Secti1n 20-19(a) of the Aspen, Colorado, Subdivision Regulations. I A plat of the entire 60,984 sq. ft. parcel of lan4 owned by Applicant, showing the proposed 6,087 sq. ft. lot, I is submitted herewith. The plat indicates the dedication 0' a public trail easement 20 ft. wide which runs along the I I easterly bank of the Roaring Fork River for a distance of I approximately 383 ft. across Applicant's property. It is intended that such trail easement shall be granted to the City of Aspen for non-motorized uses only as part of the City's recreational trail system along the Roaring Fork River. As consideration for the grant of such easement to the City, the Applicant requests that the City waive any park dedication fees payable as to any future development of the Applicant's remaining lot constituting 54,897 sq. ft. It is understood and agreed that a park dedication fee shall be payable to the City as to any development of the 6,087 sq. ft. lot which is proposed to be conveyed and sold by the Applicant if this subdivision exemption request is approved. The Applicant would appreciate the consideration of this application by the City of Aspen Planning Commissio at its earliest convenience. Dated: . May 3/, 1979 SACHS, KLEIN & SEIGLE Attorneys for Applicant s Main Street Colorado 81611 925-6813 By -3- r". ~. EXHIBIT 1\ 1\ PARCEL OF L1\ND SITU1\TED IN TlIE NOHTIIWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 18, 'l'OWNSlfIP 10 SOUTII, RANGE 84 WES'l' OF .'l'HE SIXTH P. M., PITKIN COUNTY, COLORADO, BEING ALSO 1\ PART OF THAT TRl\CT OF LAND DESCRIBED IN INSTRUMENT RECORDED IN BOOK 298 AT PAGE 924, PITKIN COUNTY RECORDS, AND BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT 'l'lIE SOUTHEAST COlmER OF' 'l'llE ABOVE MENTIONED 'l'RACT WHENCE CORNER NO. 6 OF THE RIVERSIDE PLACER M. S. 3905 Am. BEARS N 69055'38" W 134.95 FEET; THENCE FOLLOWING T:lE SOUTHERLY BOUND1\RY OF SAID TRACT 56.25 FEET 1\LONG TilE AHC OF A CUHVE TO TIfE RIGHT HAVING A RADIUS OF 793.53 FEE'r, THE CHORD OF WHICH CURVE BEARS S 70054'07" W 56.24 FEET; THENCE N 16018'35" W 88.00 FEET; THENCE N 84033'51" E 98.35 FEET TO A POINT ON THE E1\ST LINE OF SAID TRACT; THENCE FOLJ.OWING SAID E1\ST LINE S 14054'00" W 78.00 FEET TO THE POINT OF BEGINNING, CONTAINING 6087 SQUARE FEET, MORE OR LESS. ~ ~ ~ ~ - ." . I: G c;=._ ...--:::~ - "---~""--- ~. - ~/~ ~ft, ~/ . I{ /(7ju/2,~ l /)....;J)U\ u/v ') ---'""--.-.. ...---- L.LE t I.({j J.. i ~.". .2 LlILDvR ,} ~\)4'3Cf' Lee 2. - '- LeE ;< "-- f S; tJ-mJ 51- ~-I. ---..~,-,_..-.-.._-_. LeE / -v S; ()u7).5t- ~f, L - -c- I I J " ,- I ~ L eLl I _~S;~1!!' I -I I I , i ..--.-..-- "L /- ~/ ,. .' ~"- " ;1 , -,~\ .-- 0 ~ 0 LCE,;Z ? ""7V - c: cr - LeG/ , , 7! I LeE ( I -r:. \ 1" \ - - , - 1\ ("t: :z ;2.. \ iCE :2- ~ .....- t\\dliJR I c NOt $eN If\ I -r L.CEl. J- Lee :l / -, ~ CITY OF ASPEN ENGINEERING DEP~RTMENT FINAL SUBDIVISION PLAT CHECK LIST 1. Subdivision Name; Final Plat procedures and requirements are specified in! Sections 20-.14 and 20-15 of the Municipal Code. Requirecl improvements, dedications I easements, . subdi vision . i agreement, and design standards are given in Sections 2Q~16 through 20-18, : /ljIJjJff/2 50"u, 5J8Jlltl/5/c:JAJ . I 7",.eU 5/'8,4;- ~ 2. SUbdivider(s); Name 1;iJl6te..;; w, ,41ff,4?/'te.::sO,A/ tLJ'pV '/J VI. /III/pete.. ON ' . Address Telejl 3. Owner(s): J'#11t-iIS 5VI3P/I/IP~ Address Telejl 4. . Designer: Address' Telejl 5. Licensed Surveyor: 1j-/..J~)lVe. .TO /2-1./# 'i5 i. Address TeleJI "I Approved M Missing noi: sufficient information, incomplete D Disapproved NS ../ Linen V~heet /' NA not applicable or mylar with permanent ink. size 24" X 36" with margins. Scale; l"=IOO' or larger engine~ring ~ Bar typE! or graphical scale ~ True north designation ~Index ,heet -7-Vicinit~' map inset Date of preparation scale i , , ~ . !J.5 Accurate dimensions for all lines, angles, and curves including curve data,. See Secti6n'20-l5(b). i ! , I I I I .1 Attach comput4tions. i O.qO,l acre. '//4 If/ /f Control survey with closure of 1/10,000. Written survey description inc+uqing area to nearest ~BOUndary ties to government. land ,survey monulllents. _~.."':'~"~: ~.-=:._.~_:-.-:;..~~.~..._:,f'.. "1:~' 5~':"":-~..,..- ..~.,;~.'.,::"'..' ;,"'" .' .",,,"=.~..,,....,:"~-,-,, =:... ~"--...__...,..,_... ... , , I I I I i , ! ;(/.5 4/..5 Descrip~ion of survey.monuments found and set. Basis for establishing bearings. ~~ ."~:';;' ,-:,"~':.....- - -=-.,:-.-.----....'.;;.' _.,~.....,'...,\~.._"~----.';~...-._~:-.,....--~,..,-:-- .-:--- -' '. 4 ~ )., .- /.,,'''' ~'. . / . "" ~ Final Subdivision Plat Check List Page 2 of 3 v.' , LocatJ.on J/Loca tio~ ~ocation , vCHtches. Location & dimensions of existing streets and alleys. & dimensions of existing easements. & dimensions of existing streams, canals, or & size of existing utilities'. i I . I I any i i I ;v1~ Identification of adjoining subdivisions and lots and replatted subdivision lots. ~ Identification of proposed lots, blocks, streets and easements. ~Location of proposed dwelling structures. '~~dentification of areas. and/or structures reserved for ~ common use. Identification of all areas and facilities to be dedicated to public use. . ! i I acquifition. ';V4- /VA' Identification of areas reserved for future public Location and size of propose~ utilities: /1/4 ~ gas telepho~e water ...... )J/t 1JA cable t~levision i . Location of drainage improvements, i.e., bridges, culve~ts, catch basins, storm sewers, detention ponds j I I or ditch impro~ements. I i.e. snowslide" , sewer electric Location & nature of any stream, channel IV /J( Designat~on of all natural hazard areas, , ~a~anch~, ~udslide, etc.. . ~DesJ.gnatJ.on of lOO~year flood plain. ~'statement of subdivision and dedication to public use. ~ , Grant of public easements. ~ Certificate of licensed land surveyor. ,,/ /' i I I I I I I i I I Certificate of attorney or title. ,insurance company for i land to be dedicated. I , i i of' .. I . i I I Council!< i and Recoraer. . I i i Certificates of approval for City Engineer, Director Parks and Recreation and Plannir,g Commission. ~ Certificate of approval and acceptance. for City ~ Certificate of filing for Pitkin County Clerk Monumen~ records M Subdivi3ion agreement.. See Sec'.;ion , I, i I Additional MaterLal to Accompany Final Pl,at: .. GA lit- /fij7/;vc j?,L/f-r- /0 -.?-ZP~~ 20-l6{c} . I c tJl~/2.C- G-7'h)) I i ! . -_. . .,T-:-'--' .- .... . , .:-/) / / - ~ Final.Subdivision Plat Check List Page 3 of 3 4 Agreements with bl' pu '~c o~ private utilities. Lan(lscape and grading plan sho i ' iype of ~roposed landscape fea~ ng l~cat~on, size, and andscap~ng. to be r.emoved. ures ~ncluding existing Engineering plans and I' I I i specifications for improvements: Streets, alleys, curbs, gutters and sidewalks. Storm sewer and drain.age ' ~mproVements. Attach Water and fire protection system i I I computatifns. I I ! Sanitary sewer Other utilities: Gas Telephone i I I . ! Electric , Cable Television Trails or bikeways Street lighting Street signs Traffic signs or i " , i I COMMENTS: - . P' / 'E.J.-c? "'1".> / d ! ~ e,c/I'tllt: PH"?""/! _ /'-t't':75r/Uc;;... f ~ r ~,ed/. ,.../"v 7": c.-- . /,#I.E d,1EJr' ~//u':C /~.,t fiZIV.ER..... 7#,/5 /~ 4 C'//A,a:://Ve(, (/Alc f~.Hff . Ht?/lIW'1'#~ #4V,t!,lj.? CAk"c ftL'. ~~/>>c... r~ o",e 15E?- 7I//E1I!!e! 1'5 ;'f?t3 ~Ei?~ I . /S 7'$ 41"'''C; _ g"""A",<JtL.:T y#'F //5,q,-,v ,p;r../H"'7'# " 741/fJ>-e"l( AI f/ ' /l-t/ ,j&I/lJMl~ .?v9prI//P./f.P /~A't??: I -rile ,/.?~OI::;t7~e.J? :J {',eoc.-7(,);(!..!;.' /I,ep',4 1..5 Ht'~.5/A.JG- ,.,.b-o t5 K" 7/ Nt>--. ..5YR~c 7'v,U (f""''', b~7' AM4PM/"!) I' Eng~neer~ng Department Final Plat. and Plan Check .1 I i ! /1{75/Nc--- -rill! signals '. 1l11/1)'/c1N " 7.1 f} '~d~~,! .pr 6/(;r:;J/ : fr I I ' . I j, ~.. , . ! I ~'- ! I I I I ! I I ,I , I , ! ! I ! I Dat;e By . " . ,......., "'-'. CONCEPTUAL PRESENTATION TO CITY OF ASPEN PLANNING COMMISSION FOR ANDERSON SUBDIVISION This presentation is made pursuant to the City of Aspen Subdivision Regulations for and on behalf of The Hildur L. Anderson Trust (hereinafter referred to as "Applicant") for conceptual approval of the Anderson Subdivisi~n. i The name of the proposed subdivision is the Andersoni SUbdivision. The name, address and telephone number of the Applicant is as follows: The Hildur L. Anderson Trust c/o Jeffrey H. Sachs Sachs, Klein & Seigle 601 East Main Street Aspen, Colorado 81611 (303) 925-6813 The parcel of real estate owned by the Applicant which is the subject of this application includes a total of approximately 60,984 sq. ft. and is more particularly des- cribed in Exhibit A attached hereto. The land was formerly owned by Hildur L. Anderson and William E. Anderson, as joint tenants, until Mr. Anderson died on May 14, 1978, and his interest in the land passed entirely to Hildur L. Anders09' as surviving joint tenant. By warranty deed dated August 14, 1978, recorded in Book 352 at Page 969 of the real property records of Pitkin County, Colorado, Mrs. Anderson conveyed the property to heX' sons, Albert W. Anderson and Edwin Paul Anderson, Trustees of the Hildur L. Anderson Trust. A copy of such warranty deed is attached hereto as Exhibit B, and a copy of a title insurance commitment pertaining to the property as of August 22, 1978, is attached hereto as Exhibit C. In order to implement the estate planning purposes of Mrs. I i I i ft- I Anderson and her family and to repay mortgage indebtedness against the property, the Applicant wishes to subdivide the property into 2 parcels constituting respectively 6,087 sq. 1"'"', ,.-, and 54,897 sq. ft. It is the intent of the Applicant to sell the proposed lot containing 6,087 sq. ft. as a single family residential site. I The entire property is presently zoned R-6 (PUD overL lay), and the minimum lot area for construction of a single family residence in such zone is 6,000 sq. ft. The total property presently includes only one SinglF family residence which constitutes the home of Mrs. Anderson. Thus, the projected total population of the proposed develop- ment will be 2 single family residences located on 2 lots constituting 6,087 sq. ft. and 54,897 sq. ft. respectively. Such density is far below the potential development permitted under the present zoning of the property and any application of the existing Growth Management Quota. Access to the proposed 6,087 sq. ft. lot will be via Riverside Avenue which runs adjacent to the easterly boundary line of such lot. Access to the existing residence of Mrs. Anderson is via private road which connects with East Cooper Avenue at the northerly boundary line of the t. property. Water and sewer to service the proposed 6,087 sq. lot are also located in Riverside Avenue adjoining the lot. An easement 20 ft. wide has been provided along the southerly boundary line of the 6,087 sq. ft. lot to afford access and utilities to land located west of the lot and east of the Roaring Fork River. Such easement has been reserved to accommodate the possible relocation of Mrs. Anderson's single family residence (or the possible development of a duplex building) at such site immediately west of the proposed 6,087 sq. ft. lot. In the event of any future development in such manner by Mrs. Anderson, the existing Anderson home (which is is a non-conforming use due to its location within the flood plain) will be abandoned or razed, as required pursuant to any conditions imposed in connection with the issuance of the building permit for Mrs. Anderson's new residence. - 2 - .1""""\ ,-" Submitted herewith is a conceptual plat of the Anderson Subdivision as prepared by Mr. James S. Reser, Registered Surveyor, P.O. Box 1730, Aspen, Colorado 81611, telephone 925-2688. The conceptual plat indicates the dedication of a public trail easement approximately 20 ft. wide which runs along the easterly bank of the Roaring Fork River for a distance of approximately 383 ft. across Applicant's property It is intended that such trail easement shall be granted to the City of Aspen for non-motorized uses only as part of the Ci ty' s recreational trail system along the Roaring Fork River.1 As consideration for the grant of such easement to the City, I the Applicant requests that the City waive any park dedicatiol' fees payable as to any future development of the Applicant's remaining lot constituting 54,897 sq. ft. It is understood and agreed that a park dedication fee shall be payable to the City as to any development of the 6,087 sq. ft. lot which is proposed to be conveyed and sold by the Applicant if this subdivision request is approved. Applicant states that to the best of its informatio+ and belief this proposed subdivision plan is reasonable and I in full conformity with the design requirements of the City I I , of Aspen Subdivision Regulations, will have no adverse affects I upon the adjacent neighborhood, and complies in all other I I , respects with the purposes of the City of Aspen Subdivision Regulations. Dated: July {' ! , 1979. SACHS, KLEIN & SEIGLE Attorneys for Applicant By - 3 - . ' ,-., ,-., EXHIBIT A A tract of land situated in Northwest quarter, Northeast quarter of Section l~, Township 10 South, Range 84 West of thb Sixth PrincipalMeridian and being parfs of Lots I, 2, and 3 in Block 9 of Riverside Addlton. of Riverside Placer MS 3905 AM and Trac t B of East Aspen Add itional Townsite as shown on "Survey Aspen To - site Addition" plat approved by tbe Bureau of Land M.1nagement May 21, 1957 described as follows: Beginning at a point being South 00014' West 83,58 feet on line 6-7 Riverside! Placer MS 3905 AM from Corner 6 Riverside Placer, thence on a curve to the ri ht with a radius of 793,53 feet a distance of 82.00 feet to the Easterly 8ank of the Roaring Fork River (chord bears South 81024'20" West 81.96 feet); thence Nort- easterly along the Easterly edge of the Roaring Fork River 312 feet more or 1 ss to line 4-5 Riverside Placer MS 3905 AM (chord bears North 17043' East 310, 1 feet); thence North 45000' West 17,80 feet to Corner 4 Riverside Placer MS 39 5 AM; thence North 00014' East 53,14 feet along line 4-3 Riverside Placer MS 3905 to the Southerly right of way line of Colorado Highway No, 82, as described i deed to Department of Highways recorded September 24, 1956 in Book 176 at Pag 471; thence South 75009' East 187,50 feet along the Southerly right of way line 0 Colorado Highway No, 82; . 11 thence South 74053' East 14,22 feet alongthe Southerly right of way line of Colorado Highway No. 82, to the Easterly lot line of Lot 2 Riverside Addition thence South 14054' West 269,43 feet along the Easterly line of Lot 2 & 3 Riverside Addition; . thence on a curve to the right with a radius of 793,53 feet a distance of 132,59 feet (chord bears South 73039'30" West 132,44 feet) to the pocnt of beginning, ~ tiJ.., w t.:' ...:" r-\ ~ EXHIBIT C .rm N".C.H.J.:j:;-I'-j.l:! Tl'ansamel'lCa Title Insul'ance Company Sheet 1 of...2..- LI I 507 LINCOLN STRE~T BOX 280 j STEAMBOAT SPRINGS, COLO ADO 80477 (303)879.1611 AMOUNT PHBMIUM OWNEH $,..._._. $~ MOHTGAGE $ 4Q,.9.00LOO $JB9.00 ADDlTIONALCHAHGES $_ COST OF TAX CEHTIFICATE $~15.00 SlJHVEY COSTS $ , TOTALS $~ CC's To: I I I COMMITMENT TO INsmn: j Transamerica Title Insurance Company, a California corporation, herein called the Compa y, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as ide tified in Schedule A. in favor of the proposed insured named in Schedule A, as owner or mortgagee of the~state or interest covered hereby in the land described or referred to in Schedule A, upon payment of the p emiums and charges therefor; all subject to the provisions of Schedules A and B and to the conditions an stipula- tions shown on the inside of the cover, I I [J MONTANEROS BUILDING UNIT ,~ BOX 1700 VAIL COLORADO 81657 (303) 4765922 Plco~c oddre!>s (Ollcspondcncc to the office chNked below: II [,DO [AST MAIN STI<EE T BOX 2130 ASI'EN, COLOI<ADO 811i11 (303) 9251766 ,- -, L .J Your Reference No. ---7.J.QQ62J.=.5. C - 2 B~JL AUTHORIZl:D SIG ATURE The effective date of this commitment is --1i\JSLlJ.c;t 20..__.__.".. 1978..... aL.B.:.lliLA.M, At which time fee title was vested in: ALBERT W. ANDERSON AND ED\^lIN PAUL ANDERSON, l'r'llStC'CS, in fee sirrple SCHEDULE A I. Policies to be issued: (A) Owners': (Il) Mortgagee's: !Y\NJ-( OF ASPEN 1 }.'", C-lt2.\ n~\'. 4-1!l..6 i. . . IlL.' ,-.., 1"""'. No. 7300623-5 Sheet 2 of 5 SClIEIl\:LJ.: A.--('onlillll\'d 2. Covering the Lund in the State of Colorado, COllnty of Described as: I' i ~ kill A tract of land situ<lteJ .in Northwest q\\ilrter, Nil! t.lll',l.';t ql1.'lrt\'r uf Section 18, TO\..'l1ship 10 South, Rnngl..' H!~ \\I(~st of tilt! Sixth Prill\'ip;l]~f('rjdi;lT, and heing pallts of Lots 1, 2, and 3 in Block 9 of f\'iVl'l":;ide Add it (111:; 11/ Hivcr!.>id(! Placer MS 3905 AN and Tract B of East A:~Pl!Il Additiollal Townsi!.:l' ;l~; ';hm''''ll on I'Survey Aspen TCWf1- site Addition" plat approved by the Bureau of L:ll1d ~'l:1llng('ment Hay 21, 1957 described 'as follows: Beginning at a point being South 000]/,' w,'st S'l.'1.'; I"et on line 6-7 Riversid Placer HS 3905 Nl from Corner 6 !Uverside Placer. 11,,'nee on a cnrve to the r ght with a radius of 793.53 fed a distance of S2.00 Iv,'! t.o the E,,,;t.erly flank of the Roaring Fork River (chord })('ars South Slo24'20" \"'SL IJI,g(, feet); thence North- "asterly along the Eastl'rly edge of t!w Roaring Fork Ii ivcr 312 f"et more or less to line 4-5 Riverside Placer HS 3905 AH (chord b,'ar" North ]7043' East 310,71 feet); thence North /,5000' Hest ]7.ilO [pet to C'"'I"'!" I, jUver"ide Placer HS 3905 AH; thence North 00014' E"st 5],1!, fel't ,iI,'"g Jil'" /,..'1 IUv"n;id" Placer HS 3905 to the Southerly right of I.'''y lill" of Colorado lIil',III,'''y No, 82, FlS described i deed to Department of High\\'ays rccord<..'d SC'ptC'mht'r )11, 19.s() in Book 176 <1t Pag 1..71; thence South 75009' East IH7.:)O fp(ll ;llong thl' ~;(lIlLl1t'rly right or way line 0 Colorado Highway No. 82; thence South 74053' East 14,22 feet a]ollgthe SOlltherly right of way line of Colorado Highway No, 82, to the Erystl'rly Jot 1 ill,' ,d lot 2 River,;ide AddItion' thence South 14054' West 209,43 feet along the E,"'t',,'ly line "I Lot 2 & 3 Riverside Addition; thence on a curve to the right with a radins of 7Ql.51 feet il distance of 132 59 feet (chord bears South 73039'30" j,est 132,1,4 fed) to the p,,;nt of beginning Nu. r.UZ.2 '. ~I'.i"'. ,-.,.. ,-., No. 7300623-5 Sheet --.-l.of-2- c SCIIEIlOLE A-Coni;llI",d C. El:lwin Paul Anderson, ,stees I I I Copy of Declaration of Trust to be retained by 1'ransarrerica Title Insur<imce Company in its files. I I Inl1eritand:e title to ~e Deed of Trust fram to the Public Trustee for the use of to secure Albert W. Anderson and of the County of pitkin Bank of l\spen $40,000.00 A. B. Release of the subject property fran the lien of the Colorado Tax in the estate of William J\nclerson, deceat<C'd, who ilcquired subject property in joiIlt tenancy with Hildur L. J\nderson. ~u. C.J(2.3 1'"':)'" ~!' ,-.,.. 1'"'\ No. 7300623-5 Sheet 4 of 5 SCIIEIlULE B TilE POLICY OR POLICIES TO BE ISSUED IIEREUNIlEH WILL NOT INSUnE AGAINST 1. Righ(s or claims of parties in pOss('ssion not shown by tl,,, 1'"1,1;(' I'('(,ol'ds. 2. Easements, or claims of easements, not shown by (he publi(' 1I'('ord,. 3. Discrepancies, conflicts in boundnry lines, shortag-e in art':I, ('!l{'!'I):!('!lnwnis, and any facts whi h a correct survey and inspection of the }lremis(\s wOllld di."c!os(' and which arc not shown by the pu Jlic records. 4. Any lien, or right (0 a lien, for services, labor, 01' milterial ',,"'dofore or hereafter furnished, im- posed by law and not shown by the public records. 5. Taxes due and payable; and any (ax, special asse,smen(s, ('h"I"I;(' or lien imposed for water or selver service, or for any other special taxing oistrict.. 6. Reservations and exceptions as contained in United States Patent for Ri erside Placer, U.S.M.S No. 3905, recorded in Book 175 at Page 246, as follcws: That the grant hereby made is restricted in its exterior limits to the t' und- aries of the said mining premises, and to any veins or lodes of quartz r other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or oth r valuable deposits, which may rove been discovered within said limits S1seqUeht to and which were not kncwn to exist on the twenty-third day of March, .D. one thousand eight hundred and eighty-five. That should any vein or lode of quartz or otller rock in place bearing gid' silver, ciIlnabar, lead, tin, copper, or other valuable deposits, be cIa' ed or kncwn to exist within the al:ove-described premises at said last-named date, the same is orginally acceptoo and excluded fron these presents. I '!'hat the premises hereby conveyed ffi"lY be entered by tl1e proprietor of an vein or lode of quartz or other rock in place bearing gold~ silver, cinnabar, lead, tin, copper, or other valuable desposi ts, for the purpose of extracting removiIlg the ore fron such vein or lode , should the same, or any part be found to penetrate, intersect, pass through or dip into the mining gr or premises hereby granted. That the premises hereby conveyed shall be held subject to any veste::l water rights for mining, agricultural,' manufacturiIlg, or other purposes, to ditches and reservoirs used in connection with such water rights as recognized and acknowledged by the local laws, custons, and decisions of accrued and rights ybe courts. That in the absence of necessary legislation by Congress, the Legislatur Colorado may provide rules for ~rking the mining claim or premises her granted, iIlcluding easements, drainage, and other necessary means to the complete development thereof. 7. Any loss or damage due to the fact that the Unit<:.'<1 States Patent for the M::Quade UXle, U.S.M.S. # 3874, has not been recorded in Pitkin County and all matters contained in such Patent. 1,,_ C.j42.4 Re\'. .-lg.j~ ^.... ~t)r;.;~;':;.f~ i.;";. ~J., '\'~.1~_,_._.___,. ,-.,.. ~. .' No. 7300623-5 C Sheet---5- of -L SCHEDULE ll-Contillll('d 8. Any conflict of the subject property with the ~lcl'a.rcane Hill Site, aka HcPharland Mill Site, U.S.H.S. #3947. 9. That portion of the property, if any, inc] udcd within the description tic be insured herein, which was acquired, or may hereafter I:e ilCquired, b virtue of accretion due to suejden or artificial alteriltion of the cour e of the RoariIlg Fork River. 12. Any rights, interest or eas~-Dts in favor of the State of Colorado, united States of America, or the general Public, which exist or are cl to exist in and over the waters and present and past bed and banks of Roaring Fork River. I Any question, dispute or adverse claims as to any loss or any change in t:.h= river bed location by other than natural causes, or alteration through laccretioJ;l, reliction, erosion or avulsion of the center thread, bank, channel or ~low of waters in the Roaring Fork River lying within subject lam; and any question as to the location of such center thread, bed, bank or channel as a 11al description ITOnument or marker for purposes of describing or location ubject Lands. NOTE: There are no docurrents in the land records of the office of th~Clerk and Recorder of pitkin County, ac=ately locating past or present 1 tion(s) of the center thread, bank, bed or channel of the above River or indic ting ::::::::o:d o~::t:: :: :::: :: ~7 U:::::il:::::t f Ir the East: Aspen Additional 'l'oNnsite re=rded in Book 185 at Page 69. 9 10. 11. 13. Easements for water line and valve, and e.aserne..nts for power lines and and easerrents and/or right of way for driveway, as disclosed on Survey 78-105 by Alpine Surveys dated August ,1978. les, No. n No. C-U2.6 ~ '. ~ ,,' ,f""'!,\ ,-.,.. CONDITIONS ANn STIPULATIONS Pll'a~e l'<':HI ('an,rl1ll~. 1. This is a Commitment to i~~ue OIH' or more policies of t it Ie insurance in Otl!' Standard Form when the l'eql1il'pnH'nts set fort h in t he Commit llWlIt have hei'1l s:lt i:..dh'd. Tile pnlil'.v is available and should be t'XHlllinl'd before this C\lllllllitnH'l1i is used if 111('1"1' is all.\' qnc,,,Uon about ('overage. 2. Only the policies shown are commit(ed to. If then' a,'(' any changes in the transaction, order an amendment from us. 3. The oate on this CommitnH'nt is imporlanl. Nothing" afl"1" that date has been considered by us. i .1. This Commitment is good for (i lIlonths Oldy. Ex(('"s;,,"., should be ordered fl'Olll us if I they are needed. -. Sachs said Council has~he opportunity here to have a pilot program, to set up a positive approach with the improvement of this lodge and see what happens. If Council can set up "'I'",,'.J. conditions the applicant is willing to meet, they should try it. Olef'Hedstrom, chairman , . of P &Z, said they were cognizant of the need to upgrade lodges. However, 'they felt the isian way to solve the financ~ng problem was not by action that:wQuld create other serious problems. The problems of financing should be addressed directly and not by condominiumi- Moll ~n zation. Hedstrom stated they have some evidence that some units are withdrawn from the rental market by ownership. Sachs pointed out that non-conforming uses cannot be financed because they are subject to the whims of the zoning authorities. Mayor Edel said an important objective is to get nice lodging. Councilman Parry said the owners would put money in voluntarily to the units in order to get top dollars. Mayor Edel said he would like the applicant to guarantee x-percentage of the sale to be put into upgrading of the facility. Councilman Collins said this should either be given approval under the same rules or deny and put in hold position to go through full sudivision procedures and not make this a special case with setting conditions. ., Councilman Collins moved to deny the subdivision exemption for the reasons given by the city attorney and the memorandum from the planning and zoning commission; seconded by Councilman Isaac. Councilmembers Isaac, Collins and Mayor Edel in favor; Councilmembers Michael and Parry opposed. Motion carried. fINAL PLAT APPROVAL - Anderson Jolene Vrchota, planning office, told Council this is an application for, a two lot subdivi sian to divide a 6,000 square foot lot which is conforming in the R-6zone. The engiaeer- ing department asked this go through exceptions procedures sO'_'.they could see the final plat. The P & Z looked at this application at conceptual and preliminary and approved it with conditions. The engineering department has given approval as all problems have been cleared up. Ms. Vrchota outlined the conditions from the P & Z and planning office. (1) This property has a trail alignment in the 1973 trails ~aster plan along the Roaring Fork river which links two trails. If the applicant were ~o donate the whole easement, it would mean 5,000 square feet dedication. Therecomrnendation is that the trail easement be considered part of the park dedication fee for lot 2. If Mrs. Anderson decides to buil a duplex, the park dedication fee be applied to the second unit. They decided that only a fisher.mans easement is appropriate for the trail; it is not apprppriate along the river to have an 8 foot bicycle path. (2) Another conditions is to allow Mrs. Anderson a 60 day period between the new dwelling units and when the existing house would be removed. (3) The Historical Society requested examination of the house to see what it's historical value iSe The Open space Advisory Board would like to examine the house to see if they could use it as a caretaker's unit. Ms. Vrchota recommended 60 days for Mrs. Anderson to move and interested local groups to examine the structUre to see if it could be removed. Ms. Vrchota told Council the Hildur Anderson trust is interested in offering a portion of the property to the city for sale, which is approximately one acre. The P & Z recommended the City be given 30 days to con- sider the purchase. This property could be used for open space or employee housing. Mayor Edel asked what could be built on the acree Jeff Sachs, representing Mrs. Anderson, said depending on how it is put together a maximum of 7 units. Sachs told Council .if the city does not wish to buy the property, Mrs'. Anderson has the right to proceed under the GMP or employee housing overlay. The deadline for applications under GMP is January 1 and they will have to have time to plan the submittal. Sachs said he felt it was imappropriate to require Mrs. Anderson to make the structure available to anybody at any price. Ms. Vrchota said'the P& Z made tha€ a condition of the conceptual approval. Mayor Edel agreed it is her building and how can the city force her to do something with it. Sachs told Council he is asking the city to enter into an indemnity agreement for the trail easement. Stock stated this is not normal with a fisherman's easement. The city has, not granted these in the past as on a fisherman's easement people are on the property and that is the owner's responsibility. However, the city never intended Mrs. Anderson would have any responsibility for improving the trail to protect people who use it. Stock recommended Council grant the indemnity. Councilman Isaac moved to approve the Anderson subdivision exceptions with the conditions outlined by Ms._ Vrchota's memorandum except Mrs. Anderson will not be required to remove the house and the city will offer indemnity for the trail and points 3 through 7 in Jeff Sachs' letter of September 10; seconded by Councilwoman Michael. All in favor, motion carried. fINAL PLAT APPROVAL - Hyman Street (Baker) ~s. Vrchota told Council this is a request for subdivision exception of an existing duplex ~n 5 townsite lots. There would be a redrawing of the lot lines into two parcels. The p& Zagreed this should be an exception and granted conceptual approval with the conditio that the shed on the new lot line be moved toene side or other, and that the duplex be restricted to ~inimum six month leases. The engineering department has given final approv requesting sideswalks be provided for both lots and a new curb cut be iricluded for both lots 1 and 2. Ms. Vrchota noted that approval is also being asked for condominiumization )f the duplex which has just been built and has no history of rental. Therefore, Section ~O-22 does not apply. The condomirtiumizationshould be ,conditioned upon six month rental ~estriction. Ms. Vrchota told Council in the basement of the duplex there is a third unit 1hich is deed restricted for employee housing. ~ouncilman Parry moved to approve subdivision exception with the conditions as stated and ~pproval o~ the condominiumization of the duplex; seconded by Councilman Isaac. All in .....__ __.L_ ;..__.: _.0 final lat app subdi wn ~ SUbdi.vis on "a:tmai> t l(Bak.er)