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Home My WebLink Aboutcoa.lu.ca.219 S Third St.0053.2009.-~ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION 0053.2009.ASLU 2735-12-4-65-005 219 S. THIRD ST CHRIS BENDON INTER~TATION OF SETBACKS REPRESENTATIVE DATE OF FINAL ACTION SUZANNEFOSTER 8.27.2009 CLOSED BY Angela Scorey on 08/27/2009 P~ 27 3 S- ~ 2 - ~-6~-Do,~ bo~~3 _ ~ooq- -At~Lta w Eip Edit.. @acad ~lr'4~ F¢m Rapor~s FOr(pat Iab Lieb IOV'x~#W~?~~`•~~?'~.`~;~-~€~7 v WQ~~1iLmP> :~r+Qtl nY~+•~ I~~ I Ins I I~•c Isms IAa+xnmat+t:IRaa~o~+u~ IR«+~o a ~ .I Pennt Type aslu ~ Aspen Land Use Pemit f 0053.2009.ARU Address 219 5 THIRD ST J AptJrwite j City ASPEN Rate CO Zp 81fi11 J ~I Permit lnfwmatian:.... '_ - _. _. ':_ ~ Master Parm't~-J RWtnq Queue aslu07 AppGcd O8f27J2009 J Prolact J Ratus pending Approved ~ J , DesapBan CODE INTERPRETATION-SETBACKS (sued ~J Feral Sudritted SUZANAE FOSTER Cock tinning pays ~ Emires BJ22/2010 J __ Owner. _._ _...... LaC Nerve LEARY THOMAS P J Fist Name ~ 70 N STEVENS ST RHIIJELANDE0. WI 54501 Phone r Owner IS.AppkaM7 ' LaR Nerve CITV OF ASPEN J Fist Name 130 5 GALENA ST ASPEN CO 81611 Phme (970) 920-5000 Oust Y 25221 J ~ i __ ~ terder_ ____ __.. _.. _. _____ Last Naee ~-J Fist Name ~- ;...; Phone ~- ~o ~.~s a ~ G~.osed ~~ - ~~ 2'1'3r-t2-1{-^t'S-ooS- ~p`S3'~j0°~.~yuA I A /^ ~ . \ /Y CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE CODE INTERPRETATION JURISDICTION: APPLICABLE CODE SECTION: City of Aspen 26.104.100 -Definitions (various) 26.710.050 - R-15 Zone District EFFECTIVE DATE: August 28, 2009 WRITTEN BY: Chris Bendon, Community Development Director APPROVED BY: Chris Bendon, Community Development Director SUMMARY: This Land Use Code interpretation clazifies the setback requirements for the property located at 219 South Third Street. The Front Yard Setback is measured from the eastern property line along South Third Street. The Reaz Yazd Setback is measured from the western property line. The Side Yard Setbacks aze measured from the northern property line along the alley and the southern property line along the Midland Trail. (Also see Exhibits A and B.) BACKGROUND: This property has been the subject of an ongoing land use review for an historic lot split and other reviews. There has been discussion about the location of a front yard for a newly created lot, accessed only from the alley. The owner of the property has asked staff to clarify the current, prior to a lot split or any other land use action, setbacks believing that the front yard should be measured from 3`d Street. DISCUSSION AND INTERPRETATION: Front Yazd is defined in the City of Aspen Land Use Code as "Yard, front. The Yazd extending the full width of a lot or pazcel, the depth of which is measured by the narrowest horizontal distance between the front lot line and the neazest surface of the principal building at grade. Front Lot Line is described in the Code as: "Lot line, front. The line normally closest to and/or dividing a lot from a street or street right-of--way. .~. -~. ~~ , And, Street is defined as: "Street. Away or thoroughfaze, other than an alley, containing a public access easement and used or intended for vehiculaz, bicycle or pedestrian traffic. The term street shall include the entire azeawithin aright-of--way. South Third Street is the only right-of--way boazding this property that qualifies as a "Street." This dictates the location of the Front Lot Line as the eastern lot line. The Front Yazd is therefore measured from South Third Street. A property's rear lot line is defines as follows: "Lot line, rear. The lot line opposite the front lot line. A property's rear yazd is defines as follows: "Yard, rear. A yazd extending the full width of a lot or parcel, the depth of which is measured at the narrowest horizontal distance between the reaz lot line and the neazest surface of the principal building at grade. This means that the western property boundary is the rear lot line and the reaz yard is measured from the western property line. A property's side yard is defined as: "Yard, side. A yard extending from the front yard to the rear yard of a lot or parcel, the width of which is measured at the narrowest horizontal distance between the side lot line and the nearest surface of the principal building at grade. And, a side lot line is defined as: "Lot line, side. The lot lines other than front or rear lot lines. This means that the two remaining sides, the northern property line and the southern property line, aze the side yards. This property is located in the R-15 Zone District. The Front Yard, Reaz Yazd, and Side Yard setbacks are as follows: "Minimum front yazd setback: a. Residential dwellings: twenty-five (25) feet. b. Accessory buildings and all other buildings: thirty (30) feet. Minimum side yard setback: ten (10) feet. Minimum reaz yazd setback: a. Principal buildings: ten (10) feet b. Accessory buildings: five (5) feet." ~-,. --. LIMITATIONS OF DECISION: This interpretation relies on the City's Land Use Code and zoning regulations currently in effect, which aze subject to change. This interpretation shall be valid until such time as the Land Use Code or zoning regulations affecting this lot aze amended. This interpretation does not create a vested right and the property shall be subject to future changes to the City's Land Use Code and zoning regulations. This interpretation will be maintained in the official record of all interpretations as provided under Section 26.306.O10E. APPEAL OF DECISION: Any person who has requested an interpretation may initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director within fourteen (14) days of the date of the decision being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights to appeal the decision. EXHIBITS: A -Site Survey of 219 So. 3rd Street B -Diagram of 219 So. 3`d indicating locations of Front, Sides, and Reaz lot lines. C -August 24, 2009, letter from Suzanne Foster, property owner. ~,..... ~ ,... H t ~~ Y \ A ~ 16 _ • r [lljf 3e 5 7 § NiF [it§ W ~ e'! x 1 !. e ! -i ~~ F [ 3s Q Z i ! 1~ 'a a !€~! ; ~ ~ i § 7 Aa ~ ~ k. i 1 ~ z9~nZa °_ ~ ~ ~ ' . c ~1° t51 ~i 1 ~I ~9- _ e9 eE ~ zr ~ F ~ c of [ `~- ~ro~^~ : : [k~ S ~E k§ a ~ A'n i g {i -grzze p A [y~~ ..i l: a~ S cj~F ,! i ~- c p a~ [Ef~-z. 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