HomeMy WebLinkAboutcoa.lu.rz.Harbor Ln 0015 Harbor Ln.116A-89 .S1 )AD SUMMARY SHEET
''City of Aspen
DATE RECEIVED: PARCEL ID AND CASE NO.
DATE COMPLETE: _RS -U3-cA 116A-89
STAFF MEMO IB/KJ
PROJECT NAME: Harbor Lane Rezone Annexed Area
Project Address: 0015 Harbor Lane, Aspen, CO
Legal Address: 0015 Harbor Lane, Aspen, CO
APPLICANT: Fred Alderfer
Applicant Address: 0015 Harbor Lane, Aspen, CO
REPRESENTATIVE: Roger Kerr
Representative Address/Phone:
Aspen, Co
PAID: YES NO AMOUNT: NO. OF COPIES RECEIVED:
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
VESTED RIGHTS: YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney Mtn. Bell School District
City Engineer Parks Dept. Rocky Mtn Nat Gas
Housing Dir. Holy Cross State Hwy Dept(GW)
Aspen Water Fire Marshal State Hwy Dept(GJ)
City Electric Building Inspector
Envir. Hlth. Roaring Fork Other
Aspen Con.S.D. Energy Center
DATE REFERRED: INITIALS:
FINAL ROUTING: DATE ROUTED: INITIAL:
City Atty City Engineer Zoning Env. Health
Housing Other:
FILE STATUS AND LOCATION: L,/.L%.ALi �_ /
MEMORANDUM
TO: Mayor and Council
THRU: Robert S. Anderson, Jr. , City Manager
FROM: Tom Baker, Planning Office I
RE: Zoning of Annexed Area: Harbor Lane
DATE: October 31, 1989
SUMMARY: Staff recommends that Council deny the amendment to
the R-15A zone district (Ord. 63) and zone the Harbor Lane parcel
R-15A (PUD) (Ord. 66) . Staff also recommends that Council allow
the applicant to pursue the reduced side yard through the two-
step PUD process.
COUNCIL GOALS: This item accomplishes Council 's goal 13 : To
continue the annexation of the metro area. . . This zoning action
is a necessary follow-up to annexation.
PREVIOUS COUNCIL ACTION: This 6, 000 s. f. parcel was annexed to
the City on August 28, 1989 through Ordinance 52 , Series of 1989 .
On October 9, 1989, Council approved these ordinances on first
reading.
At 1st Reading Frank Petert inquired about whether or not side
yard could be varied pursuant to the PUD section of the code.
After discussion with Fred Gannett staff agrees with Frank.
While the code exempts single family detached dwelling units from
the PUD section of the code, Fred's opinion is that the applicant
can elect to go through PUD. Therefore, the applicant can
request a consolidated two-step PUD to reduce the side yard to
7 . 5 ft.
RECOMMENDATION: Staff recommends that Council deny the amendment
to the R-15A zone district and zone the Harbor Lane parcel R-15A
(PUD) . Staff also recommends that Council allow the applicant to
pursue the reduced side yard through the two-step PUD process.
MOTION: I move to deny Ordinance 63 , Series of 1989, Amending
the Minimum Side Yard Setback in the R-15A Zone District and
approve Ordinance 66, Series of 1989 Zoning 0015 Harbor Lane R-
15A PUD.
CITY MANAGER RECOMMENDATION: 3-
harbor. zone.cc. 2nd
• ,„ , ...._
• .4.
:,li / •..1..... t. /
, 74
. . 5.
,...... .
.. . - •..
.r.) '•1• .....•,1..I.I
' \
•
(--.
. .
i. . ...._, -...... 1..:.'• .. .
_: f 1 , • -...., ‘,1 -• .•‘;'
. "k\' • ,—•, ,
i..s. .A
. I) • ■.N- !•1•„'".—:-.1.•;.
-..-• \.,
l ...... ‘i-) •t,,
. •,.:.r. I -'!":, •,, '
0 1 *-----„,,,.... .. \
• •
...... .I
7 , •.. .... .
, e
44., I .■
—_, I ----.4„.........
i \
A..... ii...I 1
t.) . • ..-
• .
■
' ' •:. 1 '.I \ ' ,.
,
,
• \ N.
11
/ \
•,.,, ,,. I. J , \
■ . •
i ; \
l_„,; ',,, • 1
I 4. / I_.
--;- r''''' Li `*--.. 't 1 • ......
....
;
,., 4 .......„ :, ." I.' . ...•0
' Z c4, 4 . .I •.. ..V7 (14
•r• ,,t.\
, 4..... •` j II :1 'J
. \
I V •
• • i,.. ; Li) Id ! , ./ - ,..r. -.. ... .
• r
.i ,' ! 1
, f'-:••-•3 ' --- - 7-Z..........3.-,.......
' • -,-z.
.^---_,2 • 'r . -.• ,..!70,- :7 • \
Z.—:•-....f .,.--t.,'.:1.1 \ \
; . L.n• 1 -•i 4.......... . 8,y •Z Z:s............7.1::_::: ..
',..; .' . • .-1. . -_,,,
1..... p . ...9 . r \s.
.. ,
.1. ,-'., ; r`J . , . ;//0 , .. . ..•,71. ..:. ,,.,..‘
,
. 7 , , , •
, • ,, ..< . .. , ,_
r .. \.
:. 4: /Q4,11,..":7,1?ttri..-1. y 1./..1 I/ '/1/ I / I • \.
....
...'• „ , q
VS.L.t
/ 4..‘:-%&2■1.•I le /40,
7 - ' -• \. `;1-* '
: / •
I. ;C.' :. • OQ
/ . .
/ / r., /' / /
, /
i /
._ .,..,
/ // / 4:/
..-Z",,17' ..---:', ..•. -..,,.
r '-...j •-• -, ■ 7:7'4-.1
II .., /,
—.,.. i i
. .e. ..
7 • „ I.--------„,„ '7!. ,„. P.; • 4- ----
-1-4...----
...
• 'r-------____----_____'matr?,..-__ c,
. .... ,,
, .
•i .
---_ , 1 • — :7--::---=---------..._ i- , -I_ ,
i. . :7::.• ,./../•
L,,,i
14;:\L".......' ............"-sf. .......... ..........Q -
t.1 • •
•,..r:
... •
---....„„1 • ,•••"l•
1 P"..,•
6,....„ „, .... . ..
/ / •-- -7.-••1..C•.
(..
/i ...
i '
-
•
Survey .
•
. .
L
•
MEMORANDUM
TO: Mayor and Council
THRU: Robert S. Anderson, Jr. , City Manager
FROM: Tom Baker, Planning Office Q`
RE: Zoning of Annexed Area: Harbor Lane
DATE: October 3 , 1989
SUMMARY: The Planning and Zoning Commission and staff recommend
amending the R-15A zone district and the zoning of the Harbor
Lane parcel to R-15A PUD.
COUNCIL GOALS: This item accomplishes Council 's goal 13 : To
continue the annexation of the metro area. . . This zoning action
is a necessary follow-up to annexation.
PREVIOUS COUNCIL ACTION: This 6, 000 s. f. parcel was annexed to
the City on August 28, 1989 through Ordinance 52, Series of 1989.
BACKGROUND:
Location: Below the Castle Creek Bridge on the east side of
Castle Creek, see attached map.
Existing Use: One single-family home.
Neighborhood Meeting: Staff met with the homeowner ' s
representative, Roger Kerr, to discuss the possible zone
districts for the site. At that time we were told that the side
yard setback on the north side of the parcel is currently 7 1/2
feet. The owner is interested in an expansion and did not want
to have a non-conforming status with regard to the setbacks.
Staff Comments: The 0015 Harbor Lane parcel is approximately
6, 000 s. f. with an existing 900 s. f. home. The existing County
zoning is R-15. The City R-15A (PUD) zone appears to provide the
Community with the most protection for the Castle Creek area and
achieves affordable housing goals. This zone district also
provides the most consistency and direction for future
annexations in the area. The existing zoning maps indicate that
the adjacent parcel to the south was annexed into the City and
zoned R-15A in 1980. This parcel is 4,400 s. f. and is owned by
Fred Alderfer.
The R-6 zone was also considered due to the parcel size, but was
rejected because of the zone district 's lack of continuity with
the adjacent area. R-6 zoning is typically applied to flat
parcels which have no environmental constraints and are close to
the center of town. The subject parcel does not fit these
characteristics.
The R-15A zone allows single-family and duplex homes (50% deed
restricted) on lots of 15, 000 s. f. which were subdivided previous
to 1975. If the lot was more recently subdivided, then 20, 000
s. f. of lot area are required for a duplex. Setbacks in the R-15
zone are: 10 ft. side yard, 20 ft. rear yard and 25 ft. front
yard. In the R-15A zone a 3, 200 s. f. home could be built on this
lot.
In summary, the existing situation is non-conforming with regard
to lot size and setback. These non-conformities would remain the
same, however, a rezoning to R-15A would theoretically allow an
expansion of the existing dwelling unit. The R-15A zone would
allow for a 3 , 200 s. f. house, whereas the existing County zoning
would allow a 960 s. f. dwelling.
Planning and Zoning Commission Comments: At the P&Z 's February
21, 1989 meeting Roger Kerr explained that the existing house
setback was 7 .5 feet. Since the R-15A (PUD) zone requires a 10
ft. side yard setback, this structure would be nonconforming in
terms of setback. The owner wanted to avoid this, if possible,
and requested the P&Z consider the R-6 zone.
The P&Z agreed that the nonconformity with regards to the setback
was an undesirable situation. The P&Z tried to resolve this
issue several ways. First, they voted on a motion to zone the
parcel to R-6. This motion failed 3-4 because the P&Z did not
want to set a precedent for smaller lot zoning in this area. The
P&Z then voted on the staff recommendation R-15A (PUD) . This
also failed 3-4 because it did not resolve the setback
nonconformity. The P&Z then voted to create a new R-15C zone
which would be identical to the R-15 zone except that one side
yard setback could be 7.5 ft. (both side yards must still equal
20 ft) . This motion passed 4-3 . Subsequent to this meeting,
staff identified a cleaner approach to achieving P&Z 's goals.
That approach calls for Council to amend the R-15A zone much like
what was done for the Williams Addition. The zone district could
be amended to allow minimum side yard setbacks of 7. 5 ft. on lots
annexed subsequent to 1/1/89. The P&Z agreed to this approach.
RECOMMENDATION: The Planning and Zoning Commission and staff
recommend that Council amend the R-15A zone district and zone the
Harbor Lane parcel R-15A (PUD) .
MOTION: I move to approve on 1st Reading Ord , Series of 1989,
Amending the Minimum Side Yard Setback in the R-15A Zone District
and approve on 1st Reading Ord. , Series of 1989 Zoning 0015
Harbor Lane R-15A PUD.
2
CITY MANAGER RECOMMENDATION:
harbor. zone.cc
3
ORDNANCE NO.
(Series of 1989)
AN ORDINANCE OF THE CITY OF ASPEN AMENDING CHAPTER 24, ARTICLE 5,
DIVISION 2, SECTION 5-203 (D) (5) OF THE MUNICIPAL CODE PERTAINING
TO THE MINIMUM SIDE YARD IN THE MODERATE DENSITY RESIDENTIAL (R-
15A) ZONE DISTRICT
WHEREAS, the Planning and Zoning Commission recommended
enactment of a new zone district (R-15C) to allow the Harbor Lane
property owner the ability to have a 7. 5 ft. side yard setback in
order to become a conforming structure and add-on to the existing
dwelling; and
WHEREAS, the Planning Office finds that an amendment to the
R-15A zone district allowing 7. 5 ft. side yard on recently
annexed lots would address the concern of the property owner and
be a much simpler regulatory approach; and
WHEREAS , the City Council , having considered the
recommendation of the Planning Office and Planning Commission,
desires to amend Article 5, Division 2 , Section 5-203 (D) (5) of
the Aspen Land Use Regulations so as to allow 7 . 5 ft. side yard
on recently annexed lots in the Moderate Density Residential (R-
15A) zone district.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Article 5, Division 2 , Section 5-203 (D) (5) of Chapter
24 of the Municipal Code of the City of Aspen, Colorado be
amended to read as follows:
"5. Minimum side yard (ft. ) : 10. On lots subdivided prior
to and annexed subsequent to January 1, 1989 minimum
side yard can be 7.5 as long as the total side yard is
no less than 20.
Section 2
That the City Clerk is directed upon adoption of this
ordinance to record a copy in the office of the Pitkin County
Clerk and Recorder.
Section 3
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining
portions thereof.
Section 4
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 5
A public hearing on the Ordinance shall be held on the
day of , 1989, at 5: 00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing notice of the same shall be published once
in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the day of
1989.
2
William L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
, 1989 .
William L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
ANNEX.R15A.AMEND
3
ORDINANCE NO._
(Series of 1989)
AN ORDINANCE ZONING 0015 HARBOR LANE, A 6,000 SQUARE FOOT PARCEL
LOCATED ALONG CASTLE CREEK IN THE WESTERN PORTION OF THE CITY OF
ASPEN, PITKIN COUNTY, COLORADO TO R-15A (PUD)
WHEREAS, on August 28, 1989, the Aspen City Council adopted
Ordinance 52 , (Series of 1989) annexing a parcel of land known as
0015 Harbor Lane; and
WHEREAS, the Aspen Planning and Zoning Commission held a
duly noticed public hearing on January 16, 1989 and February 21,
1989, to consider alternative zoning designations for this
parcel ; and
WHEREAS, the City Council has considered the recommendation
of the Planning and Zoning Commission and has determined the
proposed zoning to be compatible with surrounding zone districts
and land use in the vicinity of the parcel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That it does hereby zone to R-15A (PUD) the 0015 Harbor Lane
parcel .
Section 2
That the Zoning District Map be amended to reflect the
zoning described in Section 1 and the Planning Director be
authorized and directed to amend the map to reflect the zoning
change.
Section 3
That the City Clerk is directed upon adoption of this
ordinance to record a copy in the office of the Pitkin County
Clerk and Recorder.
Section 4
If any section, sub-section, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 5
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 6
A public hearing on the Ordinance shall be held on the
day of , 1989, at 5: 00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing notice of the same shall be published once
in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the day of
, 1989 .
William L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
, 1989.
William L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
annex.harbor. zone.ord