HomeMy WebLinkAbout104_108 Midland Avenue_First Reading_Memo_CCPage 1 of 3
Memorandum
TO: Mayor Torre & Aspen City Council
THRU: Ben Anderson, Deputy Community Development Director
FROM: Sophie Varga, Planner
MEETING DATE: July 25th, 2023
RE: 104 Midland Avenue and 108 Midland Avenue – Minor Amendment
to Project Review, Ordinance #13, Series of 2023, First Reading
APPLICANT/OWNER:
Midland Properties, LLC
REPRESENTATIVE:
Sara Adams, Bendon
Adams
LOCATION:
Street Addresses:
104 Midland Avenue &
108 Midland Avenue
Legal Description:
Lot A, Ferguson Exemption
Lot 1, Ferguson Exemption
Parcel Identification
Numbers:
PIDS# 2737-181-26-005,
2737-181-26-110,
CURRENT ZONING & USE
Moderate Density
Residential (R-15A) with a
Planned Development
overlay; detached
residential dwellings.
PROPOSED ZONING & USE:
No change proposed.
SUMMARY:
The applicant requests a Minor Amendment to Project Review for
a Planned Development to remove a plat note restricting
development on steep slopes. Staff recommends approval of the
Amendment, subject to the conditions listed in the draft Ordinance.
Figure 1: Site Location
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BACKGROUND:
108 Midland Avenue and 104 Midland Avenue are located in the Ferguson Exemption
Subdivision. Each property is improved with a single-family dwelling. 104 Midland contains a
shared driveway providing access to both dwellings. In 1980 the Board of County
Commissioners granted a subdivision exemption for Lots 1-17 of the Riverside Addition, via
Resolution 01, Series of 1980, creating four resulting parcels (Lots 1-4 of the Ferguson
Subdivision Exemption, Plat Book 11, Page 59). The Ferguson Exemption Plat included a note
restricting development on slopes over 30%.
The subdivision was later annexed into the City and rezoned to Moderate Density Residential
(R-15A) with a PUD overlay (Ordinance Numbers 16 & 18, Series of 1982, respectively). The
Annexation Plat is recorded at Book 13, Page 65. In 1985 City Council further subdivided Lot 4
into Lots A and B of Lot 4 (Plat Recorded at Book 18, Page 66).
REQUEST OF CITY COUNCIL:
The Applicant is seeking the following land use approval:
Minor Amendment to a Project Review Approval (Section 26.445.110.d):
1. Remove the following plat note on 104 Midland Avenue and 108 Midland Avenue:
“Developement [sic] of slope over 30% is prohibited without approval from the Board of
County Commissioners”
Although the application represents a site-specific development plan on 108 Midland Avenue,
the subject of this review is limited to removing the plat note and redevelopment of a shared
driveway.
STAFF COMMENTS:
Staff supports the request to remove the plat note, subject to the conditions listed in the
ordinance. The presence of steep slopes is not unique to these properties and the City of Aspen
Municipal Code has been amended over time to minimize development impacts on this type of
terrain. For instance, development rights are reduced on properties with slopes exceeding 30
percent. Additionally, the setback requirements prescribed pursuant to underlying zoning
ensure the majority of development is concentrated in areas outside the steep slopes. Lastly,
the Engineering and Parks Departments require certain construction methods and development
techniques to reduce impacts on steep slopes. These referral agencies have reviewed the
development proposal and don’t have any reservations about the proposal.
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RECOMMENDATION:
Staff recommends that City Council approve the requests with the following Conditions of
Approval:
1. The Applicant shall submit for review and recordation by the Community Development
Director an amended plat within 180 days of the issuance of a development order.
2. The Applicant shall record an adjusted easement for the driveway on Lot A prior to
submission of a permit.
3. The Applicant shall apply for and receive approval for all necessary permits to redevelop
the driveway.
PROPOSED MOTION:
I move to approve Ordinance #13, Series of 2023, on First Reading.
ATTACHMENTS:
Ordinance #13, Series of 2023
Exhibit A – Detailed Staff Findings
Exhibit B – Application