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HomeMy WebLinkAboutcoa.lu.ec.1005 Cemetery Ln.A085-012735-013-10-001 A08&01 1005 Cemetery Lane Lot Line Adi. -5Caninon erg r "Oor-10 E CI CASE NUMBER A085-01 PARCEL ID # 2735-013-10001 CASE NAME 1005 Cemetery Lane Lot Line Adjustment PROJECT ADDRESS 1005 Cemetery Lane PLANNER James Lindt CASE TYPE Lot Line Adjustment OWNER/APPLICANT Rob Horning REPRESENTATIVE Cut Sanders DATE OF FINAL ACTION 10/30/01 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Approved/Plat Record BOA ACTION DATE CLOSED 11 /20/01 BY J. Lindt CASE NAME: 1005 Cemetery Lane Lot Line Adjustment PLNR: James Lindt PROJ ADDR: 1005 Cemetery Lane II EASE TYPI Lot Line Adjustment L STEPSF E OWN/APP: Rob Horning AD 1005 CemeteryLane C/S/Z: Aspen/CO/81611 PHN: 925-1318 REP: Curt Sanders &ADR: 201 N. Mill St., ste 201 CISIZI Aspen/CO/81611 PHN 925-6300 FEES DUE: 500 D FEES RCVD: 500 STAT: REFERRALS vuc: MTG DATE REV BODY PH NOTIC DATE OF FINAL AC ION: 10/30/01 REMAR CLOSED: 111120101 BY: a CITY COUNCIL: PZ: BOA: �- DRAC: PLAT SUBMITD: PLAT (BK,PG); ADMIN: Approved/Plat Recorded MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: James Lindt, Planning Technician Z:51/ RE: 1005 Cemetery Lane Lot Line Adjustment DATE: August 27, 2001 SUMMARY: On behalf of Robert and Khara Horning, Curtis Sanders, has applied for a Lot Line Adjustment in the West Aspen Subdivision. The lots subject to the proposed lot line adjustment are Lots 43, and 44, West Aspen Subdivision. The request is to swap three hundred eighty nine (389) square feet of lot area located on the southwest portion of Lot 44 for three hundred eighty nine (389) square feet of lot area located on the northeast portion of Lot 43. Community Development staff recommends approval of the requested Lot Line Adjustment to the West Aspen Subdivision. OWNER: Robert and Khara Horning APPLICANT: Robert and Khara Horning, represented by Curtis Sanders LOCATION: 1005 Cemetery Lane and 1430 Silverking Drive ZONING: R-15 BACKGROUND: This proposed application would allow the Hornings to landscape they way wish on Lot 44 by swapping a steep portion of land to Lot 43. The portion of land that is proposed to be given to Lot 43 is very steep, whereas the portion of land proposed to be given Lot 44 has a lesser slope and is more conducive to landscaping. The Hornings have received written consent from the owners of Lot 43 to apply for the Lot Line Adjustment. REVIEW CRITERIA & STAFF FINDINGS 1. Section 26.480.030 (A) Subdivision Exemptions In order for this proposal to qualify as a Subdivision Exemption, the request must comply with the review criteria in Section 26.480.030 (A), General Exemptions, which reads as follows: . A. General Exemptions 1. Lot Line Adjustment. An adjustment of a lot line between contiguous lots if all the following conditions are met: a. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and Staff Finding Community Development Staff finds the proposal meets this review standard in that the proposed lot line adjustment permits an insubstantial boundary change. The proposed insubstantial boundary change will not affect the development rights on either of the subject parcels because they are trading an equal amount of lot area. b. All landowners whose lot lines are being adjusted shall provide written consent to the application; and Staff Finding Community Development Staff finds that the proposal meets this review standard in that written consent was provided by Robert and Khara Horning, the owners of Lot 44. Written consent was also given by Sky Island Enterprises LLC., the owner of Lot 43. These are the only effected property owners by this Lot Line Adjustment. c. The corrected plat will meet the standards of this Chapter, and conform to the requirements of this Title, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording; and Staff Finding The Community Development Staff finds that the proposal meets this review standard in that the proposed lot line adjustment will not increase a nonconformity on the effected parcels. d. It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR, or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. Staff Finding Community Development Staff finds that the proposal meets this review standard in that the proposed lot line adjustment will not increase the development rights on any of the effected properties because the applicants are proposing to trade three hundred eighty nine (389) square feet each. The lot line adjustment plat shall include a plat note that acknowledges that no additional FAR results from the insubstantial boundary change. The utility easement that currently borders each of the parcels will not be effected and will not effect the development rights on either parcel by the proposed lot line adjustment because they are not excluded from lot area for purposes of calculating allowable FAR. RECOMMENDATION: Staff recommends approval of the Lot Line Adjustment at 1005 Cemetery Lane with the following conditions: 1. The applicant shall submit and record a Subdivision Exemption Plat indicating the lot line adjustment within 180 days after the date of this approval. 2. Any landscaping or development completed within the five (5) foot utility easement that currently boarders both parcels is developed at the owner's risk. Utility Company Personnel shall not be liable for the cost of repair or replacement of landscaping or development within the aforementioned easement. EXHIBITS: Exhibit A — Application Packet Exhibit B — Written Consent by Robert and Khara Horning Exhibit C — Written Consent by Sky Island Enterprises LLC. Exhibit D — Referral Agency Comments APPROVED BY: qmemu7A!!�nnWoods nity Development Director DATE: IJC_4-2001 06:42 FROII: TO:9251181 P:1/1 Robert and Khara Horning 1005 C anatery Lame Aspen, Colorado 81611 Taletpnnne (970) 925--1916 T*J*;e" to (970) 544-6645 August 3, 2001 Steve Clay aspen/PiLk.in Planning off3c' 130 South Galena, Third Floor Aspen, Colorado 81611 Dear Mr. Clay Re: Authorization for Representation This letter will Constitute the authorization for Curtis B. Sanders, Krabacher & Sanders, P.C., 201 North Mill, Suite 201, Aspen, Colorado 81611 (telephone (970) 925-5300) to represent both of us with respect to an Application for Lot Line Adjustment for our property described as Lot 44, West Aspen Subdivision, . 2, according to the Plat thereof recorded September 4,8$ in Plat Filing No Book 3 at Page 308, Pitkin County, Colorado, and all matters related thereto, as well as our written consent to the filing of an such application with the City of :Rober spen. v r tr ly re- , P Horning Khar M. Horning Received Time Aug, 3. 3:48PM 7 -J-,Onn•nu VIIUTAAP1%U 13 U]tJnU(1UUV WJnn-A Inn? -P •OnU ,r • Sky Island Enterprises, LLC c/o Barbara Long 315 East Hyman Avenue Aspen, Colorado 81611 August 6, 2001 Steve Clay Aspen/Pitkin Planning Office 130 South Galena, Third Floor Aspen, Colorado 81611 Re: Application for Lot Line Adjustment Dear Mr. Clay: This letter will constitute the authorization of Sky Island Enterprises, LLC as the owner of Lot 43, West Aspen Subdivision, Filing No. 2, according to the Plat thereof recorded September 4, 1968 in Plat Book 3 at Page 308, Pitkin County, Colorado (the "Property"), to the filing of an application for lot line adjustment with respect to the Property providing for an exchange of a 389 square foot portion of the Property with a 389 square foot portion of Lot 44, West Aspen Subdivision. By: 3160\2Long.01 Very truly yours, SKY I%3WAWb�RPRISES, LLC, a Color �d/ 1' ted liability company zed representative • • KRABACHER I SANDERS PC. ATTORNEYS AND COUNSELORS AT LAW B. Joseph Krabacher Curtis B. Sanders Jennifer M. Causing' Daniel J. Sullivan Mitchell P. Whittaker" " Also admitted in New York and New Jersey Also admitted in Illinois October 24, 2001 Jerome Professional Building 201 N. MILL STREET, SUITE 201 ASPEN, COLORADO 81611-1557 T (970) 925-6300 F (970) 925-1181 emaiVinternet address: krabacher(gkrabacher.com James Lindt Citv of Aspen Plannina Dpnartment 130 South Galena Street Aspen, Colorado 81611 Curtis B. csanders@krabal Re: Robert and Khara Horning; Lot Lite Adjustment for Lots 43 and 44, West Aspen Subdivision Dear James: With this letter, I attach two original lot line adjustment mylar plats in connection with the above matter. At your earliest convenience, please arrange for processing of this matter. Please feel free to call me if you have any questions. Very truly yours, KRPfBAC-HER & SANDERS P.C., a' Profess�io Corporation By: (-C-ur is B. ders Horning\1Lindt.01 C, Memorandum To: James Lindt From: Richard Goulding. Project Engineer Re: Lot Line Adjustment 1005 Cemetery Lane Date: August 31, 2001 1. Define all legends 2. Provide a letter accompany the PLAT as to the purpose of the lot line adjustment 3. Provide signature blocks for both the water departments and the sanitation districts approval 4. There is no identification of the 10 ft easement surrounding the property. All easements need to be identified with a book and page and a note stating: "All easements of record as indicated on Title Policy No. _, dated _(within the past 12 months) are shown hereon." 5. Show trash and snow storage 6. Show name of property to north of 1005 7. Show scale of vicinity map 0 • 130 S. Galena St. Aspen CO 81611 (970) 920-5090 (970) 920-5439, fax To: 14C]From: Fax: �Zj` `f Pages: Phone: Date: 5 Re: CC: L-Cc Yl L- © L i �vt °� ,,A,- �qm e h ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: /Cl C/C� 41-dito-4,� gs 41 dt? C- 1,5 C� LA �j 0 7-4-� C( i �a s � MEMORANDUM TO: Plans were routed to those departments checked -off below: q�.......... City Engineer O ........... Zoning Officer ........... Housing O ........... Parks Department O ........... Aspen Fire Marshal ........... City Water O ........... Aspen Consolidated Sanitation District O ........... Building Department O ........... Environmental Health O ........... Electric Department O ........... Holy Cross Electric O ........... City Attorney O ........... Streets Department O ........... Historic Preservation Officer O ........... Pitkin County Planning TO: Engineering Department FROM: James Lindt, Planning Technician Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5104 Fax-920.5439 RE: 1005 Cemetery Lane Lot Line Adjustment Parcel ID #2735-013-10-001 DATE: August 27, 2001 COMMENTS: Please find attached an application for 1005 Cemetery Lane Lot Line Adjustment. Please return comments to my by 9/10/01. Please let me know if you think that the application needs to go to DRC. Thanks, James 0 Attorneys and Counselors at Law 0 KRABACHER & SANDERS, P.C. a Professional Corporation Colorado Attorneys: B.Joseph Krabacher Curtis B. Sanders Jennifer M. Causing^ Daniel J. Sullivan Mitchell P. Whittaker AA ^Also admitted in New Ynrk mid New Jeerer ^Also admitted in Illinois Jerome Professional Building 201 N. MILL STREET, SUITE 201 ASPEN. COLORADO 81611-1557 Tel: (970) 925-6300 Fax: (970) 925-1181 email/Internet address: lcrabad ieru;krabaclier.corn TRANSMITTAL LETTER James Lindt City of Aspen Planning Department 130 South Galena Street Aspen, Colorado 81611 Legal Assistant: Cheryl M. Heiberger DATE: August 17, 2001 RE: Robert and Khara Horning; Lot Lite Adjustment for Lots 43 and 44, West Aspen Subdivision I AM SENDING TO YOU: XXXXX Additional copy of proposed lot line adjustment plat. XXXXX Application fee in the amount of $500.00 THESE ARE SENT TO YOU: XXXXX FOR PROCESSING. REMARKS: Please give me a call if you have any questions. Very truly yours, KRABACIJ,ER & SANDERS, P.C., a ,.-Professl_ Corporation By �� (_Cur* B. ers ANM013AN UNf1WW00 NINild I N3dSd ©3AI303N Colorado Attornevs: B.Joseph Krabacher Curtis B. Sanders Jennifer M. Causing^ Daniel J. Sullivan Mitchell P. Whittaker^^ AA1. rwhrritled m V,- Y—k rnrd New Irr.r� Al" admitted m Illirrois Attorneys and Counselors at Law • KRABACHER & SANDERS, P.C. a Professional Corporation Jerome Professional Building 201 N. MILL STREET, SUITE 201 ASPEN, COLORADO 81611-1557 Tel: (970) 925-6300 Fax: (970) 925-1181 email/Internet address: krabacher'dkrabacher.com August 16, 2001 James Lindt City of Aspen Planning Department 130 South Galena Street Aspen, Colorado 81611 Colorado Legal Assistant: Cheryl M. Heiberger Re: Robert and Khara Horning; Lot Lite Adjustment for Lots 43 and 44, West Aspen Subdivision Dear Greg: On behalf of my clients Robert P. Horning and Khara M. Horning, as the owners of Lot 44, West Aspen Subdivision, this letter shall constitute a written application for a lot line adjustment involving Lots 43 and 44, West Aspen Subdivision pursuant to Section 26.480.030(A)(1) of the City of Aspen Municipal Code. As evidenced by the two enclosed Memoranda of Ownership -Accommodation No Liability, Robert P. Horning and Khara M. Horning, are the record owners of Lot 44, West Aspen Subdivision and Sky Island Enterprises, LLC is the record owner of Lot 43, West Aspen Subdivision. With respect to the requirements of Section 26.480.030(A)(1) of the City of Aspen Municipal Code, please note the following: a. Insubstantial Boundary Change. The proposed lot line adjustment is intended to effect an insubstantial boundary change between Lot 43 and Lot 44, West Aspen Subdivision. The property owners are exchanging 389 square foot portions of their respective lots, and therefore, the proposed boundary change will result in no net decrease or increase to the size of either lot. b. Consent of Landowners. With this letter, I attach a letter from my clients Robert P. Horning and Khara M. Horning as owners of Lot 44, West Aspen Subdivision, consenting to the filing of this application and authorizing me to act on their behalf. I also enclose a letter from Sky Island Enterprises, LLC, as owner of Lot 43, West Aspen Subdivision, setting forth its written consistent to -1- the filing of this application. c. Compliance. With this letter, I attach a proposed form of Lot Line Adjustment Plat of Lots 43 & 44, West Aspen Subdivision, Filing No. 2, City of Aspen, Colorado (the "Plat"). The Plat meets the standards of Chapter 26.480 of the City of Aspen Municipal Code and conforms to the requirements of the City of Aspen Land Use Code. d. No Impact Upon Development Rights. The proposed lot line adjustment will not affect the development rights of either Lot 43 or Lot 44, West Aspen Subdivision. The Plat contains a note indicating the purpose of the lot line adjustment and which confirms that no additional FAR will be allowed with the lot line adjustment. e. Filing Fee. Finally, with this letter, I enclose a filing fee in the amount $500.00 If you have any questions, please feel free to contact the undersigned. Very truly yours, K R & SANDERS, P.C., Profe o norporation By: (Sux-tis cc: Sky Island Enterprises, LLC Robert and Khara Horning Horning\1Lindt.01 -2- • • MEMORANDUM OF OWNERSHIP -ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO DISCLOSES THE FOLLOWING: GRANTEE IN THE LAST INSTRUMENT APPARENTLY TRANSFERRING OWNERSHIP: SKY ISLAND ENTERPRISES, LLC LEGAL DESCRIPTION LOT 43, WEST ASPEN SUBDIVISION, FILING NO. 2, according to the Plat thereof recorded September 4, 1968 in Plat Book 3 at Page 308 DEEDS OF TRUST APPARENTLY UNRELEASED: DEED OF TRUST--------------------------------- RECEPTION NO, 451853 LIENS AND JUDGEMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED: NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM OUR TRACT INDICES, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT OF THE FEES. CERTIFIED TO: JULY 2, 2001 @ 8:00 A.M. PITKIN COUNTY TATLE, INC. By: JOB NO. 16 • • MEMORANDUM OF OWNERSHIP -ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO DISCLOSES THE FOLLOWING. GRANTEE IN THE LAST INSTRUMENT APPARENTLY TRANSFERRING OWNERSHIP: ROBERT P. HORNING AND KHARA M. HORNING LEGAL DESCRIPTION LOT 44, WEST ASPEN SUBDIVISION, FILING NO. 2, according to the Plat thereof recorded September 4. 1968 in Plat Book 3 at Page 308 DEEDS OF TRUST APPARENTLY UNREI EASED: NONE LIENS AND JUDGEMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED: NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE iNFORMATION HAS BEEN TAKEN FROM OUR TRACT INDICES, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT OF THE FEES CERTIFIED TO: JULY 2, 2001 @ 8 00 A.M. PITKIN COUNTY T TLE, INC. By: I Uf JOB NO. 1691 0 66 7t r COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, ColoCado 8161 1 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1165 Remo Fee 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Liel 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. NAME: 41 -ADDRESS/PROJECT: PHONE: / /'-� � ✓ (-' " CHECK# CASE/PERMIT#: # Oyj COPIES: DATE: INITIAL: