HomeMy WebLinkAbout1.Cover Letter MCC 41 Env Adjustment_LPA-21-103
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
October 4, 2021
Michelle Bonfils Thibeault
City of Aspen
130 So. Galena St.
Aspen, CO 81611
RE: Maroon Creek Club Lot 41 Envelope Adjustments
Ms. Bonfils Thibeault:
Please accept this application to adjust
development envelope boundaries on Lot
41 of the Maroon Creek Club Subdivision.
The purpose of this amendment is to
accommodate a new driveway alignment
accessing the property along the south
end of the property instead of the north
end of the property. The Development
Envelope is proposed for adjustment to
accommodate this change. The
Development Envelope remains the
same size but with an altered
configuration. The Building Envelope
remains the same.
The maps to the right show
the existing and proposed
Development Envelope
Lot 41 is a vacant parcel with no previous
development activity. The parcel is one of
the eleven “estate lots” within the Maroon
Creek Club Subdivision. Lots 1, 2, 3, 5,
12, 16, and 41 through 45 were provided
with a Floor Area allowance of 10,000
square feet whereas other lots were
granted either 5,500 or 6,000. These
eleven lots are often described as the
“estate lots,” although the approval
documents do not use this term.
MCC Lot 41
Page 2
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
The map to the right shows the
areas of the Development
Envelope being added and
deleted. The resulting area is no
larger than the current area.
Lot 41 is owned by Pfister Cuzlings LLC, a Colorado limited liability company.
BendonAdams has been authorized by Pfister Cuzlings to submit and process this
amendment. A Draft Amended Final Plat for Lot 41 has been prepared by Tuttle
Surveying Services. Approval from the Maroon Creek Club HOA has been obtained.
The Maroon Creek Club was reviewed and approved in Pitkin County and resulted in the
adoption of Pitkin County Resolution No. 93-104. A Water Service Agreement was
subsequently approved by the City of Aspen in 1993. The developer then sought
annexation to the City of Aspen and the lands were annexed pursuant to City of Aspen
Ordinances No. 33 and 34, Series 1996. The lands were provided City of Aspen zoning
and certain development allowances were clarified and explained pursuant to City of
Aspen Ordinance No. 40, Series 1996. A subsequent amendment allowing the use of
up to three City of Aspen Transferable Development Rights was approved by the City of
Aspen pursuant to Ordinance 26, Series 2014. Following is a total Floor Area summary
for the estate lots:
10,000sf Floor Area. Ordinance 40 recognized the previous Pitkin County
approvals and did not “divest or diminish the land use approvals or development
rights awarded by Pitkin County…”1 The approval granted by BOCC Resolution
no 93-104 described the development allowances for each single-family parcel.
Lots 1, 2, 3, 5, 12, 16, and 41 through 45 were granted 10,000 square feet each.2
4,000sf Basement Exemption. Ordinance 40 included an exhibit defining the
manner in which Floor Area and other development parameters were to be
measured. The exhibit includes a provision for up to 4,000 square feet of below
grade space to be exempt from the calculation of Floor Area.3 This space may
be a single level with a maximum 20-foot depth.
1 CoA Ord 40, 1996, whereas recitals
2 BOCC Reso 93-104 and Exhibit A of Exhibit A of CoA Ord 40, 1996
3 Ord 40, 1996, Exhibit A, section d of Floor Area
MCC Lot 41
Page 3
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
750sf Garage Exemption. The exhibit to Ordinance 40 also provides up to 750
square feet of garage area to be exempt from the calculation of Floor Area. The
applicability of this exemption was clarified in 2016 through a court decision.4
Up to 750sf Floor Area by use of City TDRs. Ordinance 26 amended the
Subdivision/Planned Development approvals to enable the “landing” of City of
Aspen Transferable Development Rights (TDRs) within the Maroon Creek Club
Subdivision. The estate lots are allowed to land up to three TDRs, each allowing
an additional 250 square feet of Floor Area.5
Existing trees along the edge of
Pfister Drive consist of Aspens.
These appear to be volunteers (not
planted) and part of the grove to the
west.
The picture to the right, from
Google Maps, show existing
vegetation
This application responds to the Administrative Planned Development Amendment review
criteria. Responses to each review criterion are attached to this application as Exhibit 1.
Other pertinent documents are attached for your reference. We believe this application
contains the necessary information for a complete and competent review. Please let us
know if additional information is needed. We look forward to your review and will make
ourselves available for any questions or concerns you have. We can also arrange a site
visit at your request.
Kind Regards,
Chris Bendon, AICP
BendonAdams LLC
Attachments:
1. Response to Review Criteria
2. Application Form
3. Authorization to Represent
4. Proof of Ownership
5. Agreement to Pay
6. HOA Form
7. Pre-Application Summary
8. Vicinity Map
9. Existing Conditions Survey
10. Proposed Envelopment Adjustment Plat
4 Colo. 9th Judicial District Court Case No. 2016-CV-30094
5 Section 1, Table A, CoA Ord 26, 2014