HomeMy WebLinkAbout2019-0606-Lot16-LandUseAppAspen Five Trees LLC
Insubstantial amendment to the Plat for Lot 16, Block G, The Moore Family PUD
Parcel ID #2735-141-11-116
June 6, 2019
City of Aspen Planning Department
Attn: Jim Pomeroy
130 South Galena St.
Aspen, CO 81611
[t] 970-920-5000
RE: 44 Falcon Road (Aspen Five Trees LLC)
Insubstantial amendment to the Plat for Lot 16, Block G, The Moore Family PUD
Dear Jim,
Please accept this application for an insubstantial amendment to the Plat for Lot 16, Block G,
The Moore Family PUD, to modify the building envelope, establish and activity envelope, and
vacate a portion of the utility easement.
The Moore Family PUD was approved and Platted in 1998 in Plat Book 45 at Page 81 in the
records of Pitkin County Clerk and Recorder, Pitkin County. Lot 16 is a vacant lot that lies within
Block G and is surrounded on three (3) sides by Powderbowl Trail and Falcon Road. The lot is
very narrow, ranging between 80-90 feet, with relatively steep slopes including grades
exceeding 30%.
A 10’ utility easement enters the lot on the northerly side adjacent to Powderbowl Trail. The
10’ utility easement follows the Lot 16 property line along Powderbowl Trail and continues
adjacent to Falcon Road. This utility easement terminates at the shared property line between
Lots 2 & 3. We proposed to modify the termination of this easement in a south easterly
direction to a property corner at the end of the curved property line labeled C3. We have
communicated with the Five Trees Metro District, and all the utility companies about this
portion of the easement, and they have all agreed that the easement is not necessary in order
to provide any services in the area. Utility Easement Vacation Certificates have been signed by
each utility company allowing for the abandonment of this portion of the easement. The
abandonment of this portion of the utility easement will allow for a permanent earth retention
system thereby reducing the overall impact to the site while constructing a residence. The Five
Trees Design Review Board and the Five Trees Metro district has approved the abandonment of
this easement.
A building envelope was established with a 25’ setback from the northerly property line and a
10’ setback to the southerly property line (sharing the line of the utility easement). We are
proposing to modify the building envelope in order to accommodate the schematic design for a
residence on the site. The total area of the building envelope shall remain the same (i.e. the
area subtracted equals the area added). The area of the building envelope subtracted (on the
north-easterly portion) lies within the steepest portion of the lot including slopes mostly
greater than 30%, and some slopes greater than 45%. The building envelope was expanded in
the south-westerly direction in order to accommodate a proposed motor-court. Additionally,
the building envelope was expanded in a northerly direction to accommodate a small portion of
the proposed residence and a lower level patio area.
The original Plat did not establish an Activity Envelope for the Lot. While amending the Plat for
Lot 16, we would like to establish an Activity envelope that includes the majority of the lot since
the property is very constrained. We are proposing to make the property line the Activity
Envelope on the North, West, and southern sides. On the eastern side, we are extending the
activity envelope to 2’ to the west of the existing ski easement. Extending the activity envelope
to the east will allow for fire and tree mitigation as well as additional plantings in that area.
The Five Trees Homeowner’s Association Design Review Board has reviewed and approved the
proposed modifications to Lot 16.
We believe that the information contained in this application follows and addresses the
provisions of the Land Use Code in sufficient detail to demonstrate that all substantive review
criteria has been met. Please do not hesitate to contact our office with any questions or
concerns regarding this application.
Best Regards,
Kevin Michelson
Michael Fuller Architects
23400 Two Rivers Road, Suite 41
Basalt, CO 81621
[t] 970-927-6620
www.mfullerarchitects.com
Glenn Horn
Glenn Horn Consultant
215 S. Monarch St.
Aspen, CO 81611
[t] 970-925-6587
Exhibits:
1. Land Use Application
2. Agreement to Pay Application Fees
3. Pre-Application Conference Summary
4. Title Insurance Documents
5. Letter of Representation
6. HOA Compliance Form
7. Vicinity Map
8. Utility easement Vacation Certificates
9. Survey
10. Proposed Amended Plat
11. Schematic Design of Proposed Residence (6 pages)
WRITTEN RESPONSES TO APPLICABLE REVIEW CRITIERIA:
26.445.110. Amendments. Amendments to an approved Project Review or to an approved
Detailed Review shall be reviewed according to the standards and procedures outline below.
Amendments to Planned Unit Development and Specially Planned Area approvals (pre-
Ordinance 36, 2013, approvals) shall also proceed according to the standards and procedures
outline below and the Community Development Director shall determine the type of procedure
most-applicable to the requested amendment.
A. Insubstantial Amendments. An insubstantial amendment to an approved Project Review or
an approved Detailed Review may be authorized by the Community Development Director. An
insubstantial amendment shall meet the following criteria:
1. The request does not change the use or character of the development.
RESPONSE: The proposed building envelope lies largely within the existing
building envelope modified to avoid steeper slopes within the lot. The use or
character of the development is changed to reduce the overall impacts to the
site.
2. The request is consistent with the conditions and representations in the project's
original approval, or otherwise represents an insubstantial change.
RESPONSE: The proposed building envelope lies largely within the existing
building envelope modified to avoid steeper slopes within the lot. The
modifications represent an insubstantial change and is consistent with the
original Moore Family PUD approvals.
3. The request does not require granting a variation from the project's allowed use(s)
and does not request an increase in the allowed height or floor area.
RESPONSE: The abandonment of a portion of the utility easement and
modification of the building envelope do not require a variance from the
allowed uses of the Moore Family PUD. The area of the modified building
envelope shall remain the same.
4. Any proposed changes to the approved dimensional requirements are limited to a
technical nature, respond to a design parameter that could not have been foreseen
during the Project Review approval, are within dimensional tolerances stated in the
Project Review, or otherwise represents an insubstantial change.
RESPONSE: The proposed changes to the Plat are minor in nature and designed
to reduce the overall impact to the site and represent an insubstantial change.
5. An applicant may not apply for Detailed Review if an amendment is pending.
RESPONSE: No amendments are pending for this lot.
END OF DOCUMENT