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HomeMy WebLinkAbout0087.2005.ASLU 0087.2005.ASLU/lot split.dot November 7, 2005 Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 To Whom It May Concern: This is an application requesting a combined Administrative Growth Management review and a Subdivision Exemption for a Lot Split (per Land Use Code Section 26.304(B)(1)) for the already created South and Gibson Subdivision. The ownership of the property has changed hands, and the new owners wish to reconfigure the lots and re-allocate how the lot area is distributed between the two lots. Regarding the Administrative Growth Management Review: Per the criteria for approval, the applicant intends to comply with the regulations in place at the time of permitting for the final unit count and FAR’s for the units to determine the appropriate type and level of mitigation required. Regarding the Subdivision Exemption for a Lot Split: The purpose of the lot split is to move the single-family home site away from the intersection of South and Gibson. At the same time, after studying the effects of the setbacks, we would like to redistribute the lot areas in a different ratio than was previously approved so that the building site that is more conducive to a better home design (the triangular lot shape creates large areas that can not be built upon). This application does not seek to intensify the number of parcels in the subdivision, nor does is propose to change any of the conditions of the original subdivision approval. The development is capped at three dwellings units per the initial subdivision approval and the criterion for Lot Splits. Access to the all of the dwellings will still be provided with a single curb cut off of either Gibson or South Ave per the current approval. A more specific breakdown of the specifics of the current and proposed lot sizes follows. The original subdivision was approved on June 28, 2004. The two parcels have Lot Areas of 6,859SF (Lot 1) and 15,079SF (Lot 2), with the smaller, single family, lot located on the western point of the main lot at the intersection of South and Gibson Street. The larger duplex lot runs north/south alongside the trailer park fence line. Per Resolution No. 71, Series of 1995, there is a parcel of land granted to the city, known as “Parcel B”, that continues to grant development rights to the main parcel even though it is not be included as lot area for the original parcel. In the initial subdivision application it was determined that the Lot Areas to calculate FAR would be 7,184 SF (Lot 1) and 15,694 (Lot 2), due to the configuration of the lot lines. This application seeks to create lots that will contain approximately 9,787 SF (Lot 2) and 12,151 SF (Lot 1), with the smaller, single family, lot in the Southeast corner and the larger duplex lot running along South Ave from the intersection to the trailer park. As both lots are no longer contiguous to “Parcel B”, Lot 1 will be then be the sole recipient of the “Parcel B” lot area for the purposes of calculating FAR on that parcel, which would have an FAR calculate-able area of 13,095 SF. There will be no allocation to the reconfigured Lot 2 since it completely separated from “Parcel B” by Lot 1. After some preliminary studies, we believe two of the of the major benefits of the revised lot configuration are moving the single-family home site from the intersection away (which reduces the allowable FAR at that end of the site) and improving access to the units from the street and within the subdivision itself. The residence units will most likely be constructed utilizing timber framed walls and poured in place foundation walls. Approval Criteria 26.470.040 (B)(1) Admin. Growth Management Review: Detached single-family or duplex dwelling units. Detached single-family or duplex dwelling units. The replacement after demolition of an existing single-family dwelling into multiple detached residential units or a duplex dwelling regardless of when the lot was subdivided or legally described: the redevelopment or conversion of an existing single-family dwelling into multiple detached residential units or a duplex dwelling (or vice-versa) regardless of when the lot was subdivided or legally described; or, the new development of a single-family or multiple detached residential units or a duplex dwelling on a lot htat was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Section 26.480.020(F), Aspen Townsite Lots, or on a lot created by a lot split, pursuant to Section 26.480.060©, shall be approved if all the following standards are met. These units shall not be deducted from the respective Annual Development Allotments or Development Ceiling Levels established pursuant to Section 26.470.030. Single Family. In order to qualify for a single-family approval, the applicant shall have five (5) options: Providing and above grade, detached Accessory Dwelling Unit (ADU) or a Carriage House pursuant to Section 26.520, Accessory Dwelling Units and Carraige Houses; or, Providing and Accessory Dwelling Unit, or a Carriage House, authorized through Special Review to be attached and/or partly or fully subgrade, pursuant to Section 26.520; or, Providing an off-site Affordable Housing Unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; or, Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or, Recording a resident-occupancy (RO) deed restriction on the the single-family dwelling unit being constructed. Duplex. In order to qualify for a duplex approval, the applicant shall have six (6) options: Providing one freee market dwelling unit and one deed restricted Resident-Occupied (RO) dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet; or, Providing either two above grade, detached Accessory Dwelling Units or Carraige Houses (or one of each), or one above grade, detached ADU or Carriage House with a minimum floor area of six hundred (600) net livable square feet, pursuant to Section 26.520; or, Providing either two Accessory Dwelling Units or Carriage Houses (or one of each) or one ADU or Carriage House with a minimum of 600 net livable square feet authorized through Special Review to be attached and/or partially or fully subgrade, pursuant to Section 26.520; or, Providing an off-site Affordable Housing Unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; or, Providing two deed restricted Resident-Occupied (RO) dwelling Units; or, Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended. At this stage, it is envisioned that once the mitigation credit for the existing structures have been applied to the new allowable FAR’s, any required additional affordable housing mitigation will most likely be met through cash-in-lieu or the provision of an ADU or both. This requirement will be met for both the single-family residence and the duplex as required. 26.480.030 (A)(2) Subdivision Exemptions for a Lot Split. The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: 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. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. 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 26.470.070(B). 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) A subdivision plat which meets the terms of this Chapter, and conforms to the requirements of the 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 26.470.’ 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. 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. 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. This property was subdivided for the first time in June 2004, and this criterion does not apply Two lots are created by the lot split, and both lots conform to the underlying zoning at the time of application. This lot has not been part of a subdivision exemption or “lot split” exemption application or granting of any exemptions. After approval is granted, a plat shall be recorded and shall also indicate that no further subdivision may be granted for the lots nor will additional units be built without the receipt of applicable approvals pursuant to Chapter 26.480 and growth management allocation pursuant to Chapter 26.470. The plat shall be recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days following the approval by the City Council. There is an existing single-family dwelling that occupies the site, and may or may not be demolished prior to application for the lot split. The intended build out for the two parcels are a single-family residence and a duplex. 26.515 Off-Street Parking Off-street parking for each of the residences will be provided by a two car garage for each of the dwelling units, and accessed by a shared driveway due to the requirement to only allow one curb cut to service all units in the subdivision. If an ADU is built on site, there shall be one parking space per unit as required by Section 26.515.030 that will be a surface parking space. Park Development Impact Fee 26.630 School Lands Dedication The Park Development Impact Fee shall be calculated and paid at the issuance of building permit based on the unit count and fee schedule at the time of issuance. The School Lands Dedications will need to be paid-in-lieu, as the lot size is too small to consider a granting of land. As the residences have not been designed, the calculation can not be completed at this time. The Applicant agrees to make the required payments prior to and on a proportional basis with the issuance of building permits for the project. Payments will be based on the applicable formula in effect at the time of building permit issuance for each residence. Medium-Density Residential (R-6) Zone District The new lots will be in conformance with the applicable zoning requirements for the R-6 zone district. These residences will also be required to comply with the Residential Design Standards per section 26.410, and it is the intent of the applicant to meet these standards and/or request the appropriate variances. Thank you, Dylan M. Johns, Principal Zone 4 Architects, LLC.