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0024.2006 ASLU/521 McSkimming Covers & TofC.doc
521 MCSKIMMING
LOT SPLIT
APPLICATION
SUBMITTED BY
HAAS LAND PLANNING, LLC
201 NORTH MILL STREET, SUITE 108
ASPEN, COLORADO 81611
Phone: (970) 925-7819
Fax: (970) 925-7395
Email: mhaas@sopris.net
MAY, 2006
AN APPLICATION FOR
LOT SPLIT APPROVAL FOR
521 MCSKIMMING ROAD
Submitted by:
Warren Oak, LLC
565 S. Broadway #200
Denver, CO 80209
Prepared by:
HAAS LAND PLANNING, LLC
Planning Consultants
201 North Mill Street, Suite 108
Aspen, CO 81611
Phone: (970) 925-7819
Fax: (970) 925-7395
Email: mhaas@sopris.net
PROJECT CONSULTANTS
PLANNER
Mitch Haas, AICP
Haas Land Planning, LLC
201 North Mill Street, Suite 108
Aspen, CO 81611
(970) 925-7819
ATTORNEY
Herb Klein
SURVEYOR
Mark Beckler
521 MCSKIMMING
LOT SPLIT APPLICATION
---TABLE OF CONTENTS ---
PAGE
INTRODUCTION..……………………………………………………………...1
II. EXISTING CONDITIONS………………………………………………………2
III. PROPOSED DEVELOPMENT…………………………………………………3
IV. REVIEW REQUIREMENTS……………………………………..…………...…5
Lot Split………………..…….….……………………………..……………5
Growth Management Allotments………………………...…..…..……...7
EXHIBITS
Exhibit 1: Pre-Application Conference Summary
Exhibit 2: Land Use Application Form
Exhibit 3: Dimensional Requirements Form
Exhibit 4: Proof of Ownership
Exhibit 5: Letter of Authorization for Haas Land Planning, LLC
Exhibit 6: Proposed Lot Split Plat
Exhibit 7: List of Property Owners within 300 Feet of the Subject Property
Exhibit 8: Executed Application Fee Agreement
EXHIBITS
Exhibit 1: Pre-Application Conference Summary
Exhibit 2: Land Use Application Form
Exhibit 3: Dimensional Requirements Form
Exhibit 4: Proof of Ownership
Exhibit 5: Letter of Authorization for Haas Land Planning, LLC
Exhibit 6: Copies of Previous Approval Documents
Exhibit 7: List of Property Owners within 300 Feet of the Subject Property
Exhibit 8: Executed Application Fee Agreement
0024.2006 ASLU/521 McSkimming Lot Split Application.doc I. INTRODUCTION
This application requests lot split and associated growth management approvals for the property located at 521 McSkimming Road (“subject property”). The subject property is a pair of
metes and bounds parcels located adjacent to the Aspen Grove Subdivision (legal descriptions provided in the attached exhibits). While the subject property is described as two separate
metes and bounds parcels (Parcel 1 and Parcel 2) the City of Aspen determined that, based on applicable Pitkin County regulations, they merged at the time they were annexed, in 1987.
As a result, the City of Aspen considers the two parcels to presently constitute a single parcel for development purposes, their separate legal descriptions notwithstanding. The subject
property is zoned R-15B and has a Lot Area of 209,002 square feet (approximately 4.8 acres).
A Pre-Application Conference was held with James Lindt, Senior Planner for the City of Aspen, on March 23, 2006 and the summary is attached hereto as Exhibit 1. The City’s Land Use
Application and Dimensional Requirements Forms are attached hereto as Exhibits 2. This application is submitted pursuant to Sections 26.304, 26.470.040(B)(1), 26.480.030(A)(2), and
26.710.070 of the Aspen Land Use Code (the “Code”) by Warren Oak, LLC (owner and hereinafter “applicant”, see proof of ownership, Exhibit 3). Permission for Haas Land Planning, LLC,
to represent the applicant is attached as Exhibit 4. A list of property owners located within three-hundred feet of the property and an executed application fee agreement are attached
as Exhibits 5 and 6, respectively.
The application is divided into four sections: Section I provides a brief introduction; Section II describes the project site and neighborhood; Section III of the application explains
the proposal; and, Section IV addresses the proposal’s compliance with the applicable review criteria of the Code. For the reviewer’s convenience, all pertinent supporting documents
are provided in the various exhibits to the application.
While the applicant has attempted to address all relevant provisions of the Code and provide sufficient information to enable a thorough evaluation of the application, questions may
arise which require further information and/or clarification. Upon request, the applicant will provide such additional information as may be required.
II. EXISTING CONDITIONS
The subject property is a pair of merged metes and bounds parcels adjacent to the Aspen Grove Subdivision. The subject property, known as Parcels 1 and 2, were legally separated lots
prior to annexation of the parcels in 1987. The subject property was annexed to the City of Aspen along with the neighboring Aspen Grove, Eastwood and Knollwood Subdivisions on July
13, 1987 pursuant to Ordinance No. 26, Series of 1987. The annexed area was zoned R-15B, Moderate-Density Residential, pursuant to Ordinance No. 28, also adopted on July 13, 1987.
A single family dwelling unit is located entirely within Parcel 2. Parcel 1 is vacant. The existing residence is accessed from a driveway that connects with McSkimming Road. The address
of the existing house is 521 McSkimming Road, and the approximate location of the property is shown on the vicinity map below.
Vicinity Map – 521 McSkimming Road
The R-15B zoning allows detached residential dwelling units as a permitted use. The neighborhood consists almost entirely of single-family residential dwelling units, although there
remain several vacant lots in the immediate area. There is an eclectic range of house sizes and styles, including those built when the subdivision was created in the 1950s and projects
completed within the last year or so.
Allowable floor area (FAR) in R-15B is approximately thirty (30) percent less than that allowed in the R-15 zone district. The smaller FAR limits of the R-15B zone district were established
as a trade-off instead of requiring Lot Area reductions for steep slopes in the R-15B zone (per Section 26.575.020(C) if the Code). Pursuant to Section 26.710.070 of the Code, Accessory
Dwelling Units (ADU) are not permitted in the R-15B zone district; thus, cash-in-lieu is typically provided for Growth Management mitigation. Development in the R-15B zone district
is not subject to 8040 Greenline Review or the Residential Design Standards, pursuant to Section 26.435.030(A) of the Code and 26.410.010(B) of the Code, respectively.
The subject site is located to the north of the Aspen Grove Subdivision. The existing house on Parcel 2 is accessed from a horseshoe turn on the upper portion of McSkimming Road. Parcel
1 does not have street frontage on McSkimming Road but can be accessed off of “Skimming Lane,” a private road branching off of McSkimming Road. Currently, two houses have access off
of Skimming Lane and road easements are included on all lots abutting the “lane.” The “lane” itself is currently developed to Lot 9 of Aspen Grove Subdivision and will be extended
to provide access to the lot created by this lot split.
The property’s topography is sloped and is consistent with the topography of the lots in the Aspen Grove, Knollwood and Eastwood Subdivisions. No slope-related lot area or density reductions
are applicable due to the conditions of annexation and built in reduction in floor area in the R-15B zone district.
PROPOSED DEVELOPMENT
This application seeks to split the merged parcels of the subject property pursuant to the Lot Split Subdivision Exemption provisions of the Code. Ensuing development would occur in
accordance with the R-15B zoning and Section 26.470.040(B)(1), Administrative Growth Management Review, provisions of the Code.
In accordance with the R-15B zoning, the applicant will split the 209,002 square foot property into two lots, where: Proposed Lot 1 has an area of approximately 104,423 square feet (approximately
2.4 acres) for development of a detached single-family residence using the allowable floor area for the underlying zoning; and, Proposed Lot 2 has an area of approximately 104,580 square
feet (approximately 2.4 acres) and will contain the existing single family residence. Proposed Lot 1 consists of the northwest portion of the subject property. Proposed Lot 2 consists
of the northeast portion of the property and contains the existing residence. The lot split will not result in creation of any non-conformity.
Both proposed parcels exceed the minimum lot width requirement and are significantly larger (nearly seven times) than the minimum lot size of 15,000 square feet. As is the case in all
residential zone districts, larger lots get proportionately less floor area than do smaller lots in the same zone district. For example, an R-15B zoned lot with an area of 50,000 square
feet is allowed 4,580 square feet of floor area; by contrast, proposed Lot 1 has an area of 104,423 square feet (6.96 times the area of a 15,000 square foot lot) and is allowed 5,124
square feet of floor area. Therefore, while the lot area increases by 89,424 square feet (2.05 acres), the allowable floor area increases by only 544 square feet.
Vehicular access for Lot 1 will come from Skimming Lane. Access for Lot 2 will remain in its current location. Development on both lots will comply with floor area, setback and height
requirements of the R-15B zoning. ADU are not a permitted use in the R-15B zone district; therefore, the applicant will be required to pay cash-in-lieu for any residential development
on Lot 1. Should the house on Lot 2 be demolished and re-built with additional floor area, cash-in-lieu of an ADU will be required. As mentioned in the Existing Conditions section,
above, development in the R-15B zone district is not subject to Residential Design Standards, Lot Area reduction for slopes, or 8040 Greenline Review.
IV. REVIEW REQUIREMENTS
This application requests concurrent approval for a lot split and GMQS exemptions. Review of requests for lot split approvals are done in accordance with Section 26.480.030(A)(2). The
GMQS Exemption requests are made pursuant to Section 26.470.040(B)(1).
This section of the application addresses the proposal’s compliance with the applicable review criteria of the Code, and is organized by applicable review standards, with each set of
standards (i.e., lot split, and GMQS exemptions) provided as a sub-section hereto. Under each sub-section, every individual review criterion is presented in indented and italicized
print and followed by a response demonstrating compliance with and/or satisfaction of the given standard.
A. Lot Split
The Code provides that the split of a lot for the purpose of the development of one additional detached single-family dwelling on a lot formed by a lot split granted subsequent to November
14, 1977, is exempt from full subdivision review provided all of the following conditions are met.
a. The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the city council, or the land is described as a metes and bounds parcel
which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and
The subject property consists of separately described metes and bounds parcels that merged upon annexation in 1987. They are adjacent to but not within the Aspen Grove Subdivision,
and the subject property has never been subdivided. Therefore, this criterion is met.
b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate
for affordable housing pursuant to Section 26.100.050(A)(2)(c) [this citation is incorrect and should instead refer to Section 26.470.040(B)(1)].
As explained above, the proposal involves the creation of two lots from the one that currently exists. The resulting lots will have areas of 104,423 and 104,580 square feet, respectively,
thereby conforming to the dimensional requirements of the R-15B zone district. The minimum lot size in the R-15B zone district is 15,000 square feet. Development on the resulting
lots will mitigate for affordable housing pursuant to Section 26.470.040(B)(1); a note to this effect will be placed in the Subdivision Exemption Agreement (S.E.A.) and on the Plat.
c. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a “lot split” exemption pursuant
to Section 26.470.040(C)(1)(a) [this citation is no longer correct and should actually refer to Section 26.470.040(A)(4)].
The subdivision exemptions provided for in Chapter 26.480 of the Code are: 1) Lot Line Adjustments; 2) Lot Splits; 3) Approved Subdivisions; and, 4) Historic Landmark Lot Splits. The
subject property has never been the subject of a subdivision exemption under the provisions of this (26.480) chapter or a lot split exemption.
d. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder
after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter
and growth management allocation pursuant to Chapter 26.100.
A Plat will be reviewed by the Community Development and Engineering Departments for approval and recordation within 180 days of final land use approval. The Plat will include notes
explaining that further subdivision is prohibited unless applicable approvals are obtained, and that any and all additional development must comply with the applicable provisions of
the Code. It will also contain a note describing and referring to the approval documents (i.e., ordinances, resolutions, and S.E.A.) pursuant to which the Plat was prepared.
e. Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record
the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required
for a showing of good cause.
The language of this criterion is understood and the applicant will comply.
f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split.
The subject property contains a single-family dwelling unit that shall comply with the dimensional requirements of the underlying zoning following approval of the lot split and subdivision
plat. Setbacks and other dimensional requirements will continue to be satisfied and no demolition need occur.
g. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home.
The proposed lot split will create a 104,423 square foot lot and a 104,580 square foot lot. Under the provisions of R-15B zoning, detached residential dwelling units are the only permitted
use other than home occupations and accessory buildings and uses. Since development of ADU or Carriage Houses is not permitted, the payment of cash-in-lieu is required subject to receipt
of all required approvals. Therefore, the maximum potential buildout for the two parcels created by the lot split will not and cannot exceed two units --- one detached single-family
residence on each lot.
Growth Management Allotments
As a pre-1977 lot and pursuant to Section 26.470.040 of the Code, the existing property maintains one GMQS exempt development right, which may be expressed as a detached single-family
residence; this development right is maintained through the lot split process. Further, Section 26.470.040(B)(1) of the Code provides that, “the new development of a single-family...dwelling...on
a lot created by a lot split, pursuant to Section 26.480.060(C), shall be approved [for Administrative Growth Management allotment] if all the following standards are met.” These two
provisions of the Code provide each resulting lot with one development right.
Accordingly, the administrative growth management allotment necessary to enable development of a detached single-family residence on Lot 1 in the R-15B zone district will require the
payment of cash-in-lieu of such development. The same requirement will apply to re-development of a detached residence on Lot 2, should a new residence exceed the floor area of the
existing residence.
521 McSkimming Lot Split Page 1
0024.2006 ASLU/Exhibits.pdf