HomeMy WebLinkAboutcoa.lu.ex.320 Lake Ave.0001.2012.ASLUTHE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBERS
a6150111:to
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
CLOSED BY
0001.2012.ASLU
2735 12 4 01 002
320 LAKE-44EW SVC
CHRIS BENDON
PLAT AMENDMENT e)A G04p.(D)i
LAli:14:8C[QaaL F.1101
2.28.12
ANGELA SCOREY ON: 3.14.12
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oRouting Status Fees Fee Summary J47ain]Actions Attachments Routing History Valuation ArchlEng Custom Fields Sub Permits d
Permit type Oslo Aspen Land Use Permit # 0001.2012.ASLU
Address 320 LAKE AVE Aptisuite
o I City ASPEN State CO Zip 81611
x Permit Information
J plaster permit Routing queue aslu07 Applied 1 tK012
o Project I Status pending Approved
4
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Description APPLICATION FOR PLAT AMENDMENT FOR 320 LAKE AVENUE Issued
ClosediFinal
Submitted MIKE HOFFMAN 970 9251936 Clock Running Days Expires 128012
Submitted via I J
Owner
Last name IMARSHALL RONNIE First name 320 LAKE AVE
ASPEN CO 81611
Phone 1(970) 925-5551 1 Address
Applicant
[) Ownei is applicant? ❑ Coi*a0or is applicanP
Last name IGARFIELD & HECHT � First name 601 E HYMAN
UNIT 2
Phone 1(970) 925-1938 Cusk # 25185 Address ASPEN CO 81611
Lender
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Displays fhe peimik applicanN add[ess
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three-year vested property right. The vested property right shall
expire on the day after the third anniversary of the effective date of this Order, unless a building
permit is approved pursuant to Section 26.304.075, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After
Expiration of vested property rights, this Order shall remain in full force and effect, excluding
any growth management allotments granted pursuant to Section 26.470, but shall be subject to
any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Property Owner's Name, Mailing Address and telephone number
320 Aspen, LLC, 2950E Broad St., Columbus, OH, 43209, with the consent of the current
property owner, Ronnie Marshall, 320 Lake Avenue, Aspen, CO, 81611, 970-925-5551.
Legal Description and Street Address of Subject Property
320 Lake Avenue, Parcel 1 of the Marshall Lot Split, City and Townsite of Aspen,
County of Pitkin, State of Colorado, PID# 273 5-124-01-002.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
City Council granted approval for Subdivision Amendment to remove a condition related
to setback requirements.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
Aspen City Council Ordinance #4, Series of 2012.
Effective Date of Development Order. (Same as date of publication of notice of approval.)
March 8, 2012.
Expiration Date of Development Order (The extension, reinstatement, exemption from
expiration and revocation may be pursued in accordance with Section 26.308.010 of the City
of Aspen Municipal Code.)
March 8.2015.
Issued thi,4 6th day of March, 2012 by the City of Aspen Community Development Director.
Chris Benchon, Community Development Director
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
4v�ADDRESS OF PROPERTY. f►�-�Ir ,
Aspen, CO
STATE OF COLORADO )
ss.
County of Pitkin )
15 A_Y_��(name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner:
V Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fourteen (14)
days after final approval of a site specific development plan. A copy of the
publication is attached hereto.
Publication of notice: By the publication in the legal notice section of an official
Paper or a paper of general circulation in the City of Aspen no later than fifteen
(15) days after an Interpretation has been rendered. A copy of the publication is
attached hereto.
Signature
The foregoing "Affidavit of Notice" was acknowled ed before me this day
of , 20t2-, by
PUBLIC NOTICE Y pv WITNESS MY HAND AND OFFICIAL SEAL
Of
DEVELOPMENT APPROVAL we.•`�•
Notice is'nereby given to the general public of the •: �� ���
approval of a site specific development plan, and My c mmission expires: (J
the creation of a vested property right pursuant to p
the Land Use Code of the City of Aspen and Title DA M. �
Article Colorado Revised Statutes, pertain-
ing •
ing to the following described property: 320 Lake •<,�NiNG • ,
Avenue, Parcel 1 of the Marshall Lot Split, City and o°
Townsite of Aspen, County of Pitkin, State of Colo- •�
rado, PID# 2735-124-01-002. 320 Aspen, LLC, . Q Notary Public
2950 E. Broad St., Columbus, OH, 43209 made an E y' °„�'
application for Subdivision amendment with the,
consent of the current property owner, Ronnie M
Marshall, 320 Lake Avenue, Aspen, CO, 81611.Exores O3"91ZO1�
The applicant received approval through Ordi
nance number 4, series of 2012 of the Aspen City
Council, fora plat amendment to remove a condi-
tion related to setback requirements. The approv-
als are depicted in the land use application on file
with the City of Aspen. For further information
contact Amy Guthrie, at the Aspen Community De- COPY OF THE PUBLICATION
velopment Dept., 130 S. Galena St, Aspen, Colo
rado (970) 429-2758. City of Aspen
Published in The Aspen Times Weekly on March 8,
2012 [76452031
MEMORANDUM
TO: Mayor and Council
FROM: Amy Guthrie, Historic Preservation Officer
THRU: Chris Bendon, Community Development Directoram
RE: 320 Lake Avenue- Subdivision Amendment, Second Reading of Ordinance #4,
Series of 2012
DATE: February 27, 2012
APPLICANT /OWNER: 320 Aspen, LLC.
The current owner of the property,
Ronnie Marshall of 320 Lake Avenue,
Aspen, CO 81611, has consented to the
application.
REPRESENTATIVE: Michael Hoffman,
Garfield and Hecht, P.C.
LOCATION: 320 Lake Avenue, Parcel I
of the Marshall Lot Split, Aspen.
ZONING & USE: R-6, single family
home.
coo
SUMMARY:
The Applicant requests that Council amend the
Marshall Lot Split Subdivision approval granted in
1987. The Subdivision, which split one large parcel
in half, included a condition of approval that created
more restrictive setbacks on Parcel 1 than required
by underlying zoning.
STAFF RECOMMENDATION:
Staff recommends that the amendment be approved
finding that circumstances on the site, as well as
City Land Use regulations, have changed since the
Subdivision approval.
Page 1 of 3
LAND USE REQUEST AND REVIEW PROCEDURE:
In December, the Applicant received Conceptual HPC approval for a remodel to the existing
Victorian era home on the subject site. The remodel entails demolishing and replacing an older
addition to the building, and moving the house slightly closer to the street and towards the south.
HPC granted approval including variances from the standard setback requirements of the R-6
zone district. It was anticipated that the applicant would then approach Council to ask that the
standard setback requirements, rather than the setbacks established in the 1987 Subdivision, be
applied. Staff determined that it was best to have HPC conduct design review and make a
preliminary determination on the appropriateness of the project before Council was asked to
consider the Subdivision Amendment, rather than the other way around.
The ability for the applicant to move forward to Final HPC approval depends on Council's
determination regarding the setback condition, which appears as a note on the Marshall Lot Split
plat. Council is the review authority on this Subdivision Amendment.
SUBDIVISION REVIEW
Subdivision review was originally required to split what was once 13,000 square foot lot into two
approximately equal lots. The parcels both meet the minimum lot size for the neighborhood,
which is 6,000 square feet.
Section 26.480.080.13 of the City Land Use Code provides that Subdivision amendments which
are not insubstantial are reviewed and approved by City Council, "provided that the proposed
change is consistent with the approved plat."
Staff Response: Some of the original records for Council review of this Subdivision were
apparently not retained, and Council determinations were not always done by Ordinance at the
time this Subdivision was granted. The application includes the minutes from City Council's
Nov. 23, 1987 discussion. Planning Staff and Council were concerned with avoiding negative
impacts to existing trees on the property as well as Hallam Lake, and crafted a condition on the
Subdivision in that vein.
The 1987 Subdivision approval stated that all development on this property should be confined
to the footprint of the Victorian and the addition that was already in place at that time. It appears
that this was done in order to protect a row of three large cottonwoods in the south sideyard of
Parcel 1. Those trees have since deteriorated in health and have received Parks Department
approval to be removed. Without the trees, there is no clear reason to limit the buildable area on
the south side of Parcel 1 in a manner that is different than what is required of the rest of the
neighborhood.
Regulations to protect Hallam Lake from the impact of development on the bluff were adopted
after this Subdivision. The current redevelopment proposal is subject to these strict criteria,
particularly the requirement for setback from the top of slope. Staff believes that development at
the rear of the site is appropriately regulated through today's Environmentally Sensitive Area
regulations.
Staff cannot identify a rationale for restricting the front yard setback on this parcel in a manner
that is different than adjacent parcels.
Page 2 of 3