HomeMy WebLinkAboutcoa.lu.ec.1005 Cemetery Ln.A086-01
r'\
/'
--
CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
^
;,~,
A085-01
2735-013-10001
1005 Cemetery Lane Lot Line Adjustment
1005 Cemetery Lane
James Lindt
Lot Line Adjustment
Rob Horning
Curt Sanders
10/30/01
Approved/Plat Record
11/20/01
J. Lindt
,-"
r"\
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 permU 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
___1_:__... ~_~~1~ t................."'''' +1-.,.....,J'o.."'" ~nA~.....rT ""..... orulnl <::ll'fY\r\l1nt nflnt ~rp~l
(\
n
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 revi,:w 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
rmnnmnitv Develonment Staff finds that the proposal meets this review standard in that
f!"""'"
F\
Staff Finding
The Commtlnity 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 Homing
Exhibit C - Written Consent by Sky Island Enterprises LLC.
Exhibit D - Referral Agency Comments
APPROVED BY:
DATE:
e Ann Woods
mmunity Development Director
rl5/OJ
AaPPA
OV~D
St:~
!J 20rif
"'....../~~j-.....
\ I!.:< , ~'.:
~(
Ctrr 0,. (
, ~t'i:' I...>11)i.:.:i..;rDR
3
~UG=--:'.-2001 06:42
~ .
FROM:
(\
RObert and Khara Horning
1005 c_eta.:y LanG
Aspen, Colorado81Gll
Ta1~hOnS (970) 92$-1318
:l'i>,1..,e"", to (970) 54~-6645
August 3, 2001
Steve Clay"
Aspen/Pitkin Planning Office
130 South Galena, Third F~oor
Aspen, Colorado 8~611
TO: 9251181
A
P:1/1
coPY
Re: Authorization :for F.eprelil"'J:\t...l~ion
Dear Mr. c~ay'
This letter wi~l constitute the authorization for Curtis B.
Sanders, Krabacher & Sanders, P.C., 201 North Mill, suite 201, Aspen,
Colorado 8~Gl1 <telephone (970) 925-6300) to represent both of us
with ;respect to ~~~rF~~ t~ an Application for Lot Line Adjustment for
our property described as. Lot 44, 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, and a~l matters related
thereto, as well as our written consent to the fi11ng of an such
app).ication with the City of Aspen. --
Received Time Aug. 3. 3:48PM
, . J .J,{){\i'\. nu
//Z--
Horn~n:g
~
HO~~ng
~1IUl~^~~W ~ UjU~UOUU~
IlIJIH\.(1 1t\t\7.{\ .Qnl.i
,~7'\
~
i
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.
Very truly yours,
By:
representative
3160\2Long.Ol
r.
r"\
~
KRABACHER
SAN D E R S P.C.
Curtis B. Sand€>.~
csanders@krabacher.com
ATTORNEYS AND COUNSELORS AT LAW
8. Joseph Krabacher
Curtis B. Sanders
Jennifer M. Causing'
Daniel J. Sullivan
Mitchell P. Whittaker"
Jerome Professional Buifding
201 N. MILL STREET. SUITE 201
ASPEN, COLORADO 81611-1557
T 19701 925-6300
F 19701 925-1181
, Also admitt&i ill New York and NewJerseW
"Al.soadmitterJinlHinois
emaiVinternet address:
krabacher@krabacher.com
October 24, 2001
James Lindt
City of Aspen Planning Department
130 South Galena Street
Aspen, Colorado 81611
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,
By:
ER & SANDERS P.C.,
Prof~ Corporation
/~
Horning\lLindt.Ol
"--
r'\
f)
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 10ft 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. ~how scale of vicinity map
8. CR;liI~i1,.1 "1--1 -1....".olnpmpn+
r"\
~
130 S. Galena Sl.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
Asp~n/Pitkin
Comi;nunity
Dev~lopment
Dep~rtment
Fax
To:
From:
A ~ <;
-
Ic-litdl-
Fax:
q2$-/J'81
Pages:
Phone:
Date:
Re: I DO ~ C;etNt d-et/' cc:
/....4 VI. e.- 1-0 L! VI. e. ''v( J;;; h>I1 le'11
o Urgent 0 For Review 0 Please Comment 0 Please Repl)'
o Please Recycle
. Comments:
H/' CUll'-/; '.
Please- t41o.l<e- f-he- a!-lu.ci1~ed dlCJ.IA<2Ps
1-0 f-Me- flct I- aJlld <?Jef- Slfj(Jla.Iu.Ves Pot/'
elJ~Ot1?- e)(C~IJ.f-. +-h~ L-:./I-y G~/'v1€e~
ec:,W!IM.Vl vtlty Vev. /J;vec!-oc/': c( l/\ d M~
/ I
~{,{VL ~I cl ev/~ +-;4., ecol/'dret/: W'e. wtff
o ~ /-C{ 11/\ ~ese.- S Ie l/)Ct +-U/J'~~ We.- ~ ( t;e.-
2. /illy/a.\!' cop/es: L V\Q.V~ dvccPl-ed
C{ dec1st'olA 1I1~h~ fl1 e{f" ~/I~ /.f0Y1
IN / I / ~ /8//\ o/J(;) v\ J!''t-clepl- oP f/1 ~ JI'~ v/sf!cI
fU 1a.+3 I / _
. !t1Q>lAfC5
- /
~c.<1lM.oe....3
TO:
TO:
FROM:
RE:
DATE:
COMMENTS:
r""
r;
MEMORANDUM
Plans were routed to those departments checked-off below:
~....... City Engineer
o ........... Zoning Officer
o ........... Housing
o ........... Parks Department
o ........... Aspen Fire Marshal
o ........... City Water
o ........... Aspen Consolidated Sanitation District
o ........... Building Department
0........... Environmental Health
o ........... Electric Department
o ........... Holy Cross Electric
o ........... City Attorney
o ........... Streets Department
0........... Historic Preservation Officer
o ........... Pitkin County Planning
Engineering Department
James Lindt, Planning Technician
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone-nO.5104 Fax-920.5439
1005 Cemetery Lane Lot Line Adjustment
Parcel ID #2735-013-10-001
August 27, 2001
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
f"""
F\
Attorneys and Counselors at Law
KRABACHER & SANDERS, P.c.
a Professional Corporation
Colorado Attorneys:
Jerome Professional Building
201 N. MILL STREET, SUITE 201
ASPEN. COLORADO 81611.1557
B. Joseph Krabacher
Curtis B. Sanders
Jennifer M. Causing^
Daniel 1. Sullivan
Mitchell P. Whittaker^^
Tel: (970) 925-6300
Fax: (970) 925-1181
Legal Assistant:
Cheryl M. Heiberger
email/lnternet address:
krabacher(a'J,krabacher.com
^Alim admitted in New York and New Jersey
MAIm admitted in JIlinois
TRANSMITTAL
LETTER
James Lindt
City of Aspen Planning Department
130 South Galena Street
Aspen, Colorado 81611
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.
Application fee in the amount of $500.00
xxxxx
THESE ARE SENT TO YOU:
xxxxx
FOR PROCESSING.
REMARKS: Please give me a call if you have any questions.
Very truly yours,
a
lN3Wd013f\30 Al.INnWWO~
NDllld f N3dSIf
IOOZ 1_ 1 9n'i
a3^13~3~
j
f"" r)
Attorneys and Counselors at Law
KRABACHER & SANDERS, P.C.
a Professional Corporation
Colorado Attorneys:
Jerome Professional Building
201 N. MILL STREET, SUITE 201
ASPEN, COLORADO 81611-1557
B. Joseph Krabacher
Curtis B. Sanders
Jennifer'M. Causing^
Daniel J. Sullivan
Mitchell P. Whittaker^^
Tel: (970) 925-6300
Fax: (970)925-1181
Colorado Legal Assistant:
Cheryl M. Heiberger
emaillInternet address:
krabacherialkrabacher.com
^Also admitted in New York and New .fer.\'ey
^^Also admitted in/llinois
August 16, 2001
James Lindt
City of Aspen Planning Department
130 South Galena Street
Aspen, Colorado 81611
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 Boundarv Chanqe. 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-
I"':
I""'\.
,
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 l\spen Subdivision,
Filing No.2, City of Aspen, Colorado (the "Plat"). The Plat meets
the standards of Chapter 26.480 of the City of l\spen Municipal Code
and conforms to the requirements of the City of Aspen Land Use Code.
d. No Impact Upon Development Riqhts. 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. Filinq 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,
& SANDERS, P.C.,
prof:~orporation
~s~ers
By:
cc: Sky Island Enterprises, LLC
Robert and Khara Horning
Horning\lLindt.Ol
-2-
r":.
r\
,
MEMORANDOM 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 Platth'9reof 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
INFORMATlON HAS BEEN TAKEN FROM OUR T~A<::T 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, Of'INION 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.
"";>-~
By:
JOS'NO ,
/'
"
I""">,
" ;
r'\
MEMORANDUM OF OWNERSHIP-ACCOMMODATION NiJ 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 UNRELEASED:
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.
By:
JOB 'NO.
'\or
./