HomeMy WebLinkAboutcoa.lu.gm.930 W Francis St.070-97 MEMORANDU
THRU: anager
John Worcester, City Attorney ~_~
~OM: Mitch H~s, Ci~ PlannerA~ ~'
~: Hower Subdivision Exemption ~d GMQS Exemption Br a Lot Split - Second
Reading of Ordinance Number 39, Series of 1997.
DATE: December 8, 1997
SUM~Y: The applic~t, Dale Hower, is requesting a lot split to create a 6,734 square Bot
pamel ~d a 6,000 square Bot p~cel from one 12,734 squ~e Bot tithering parcel. The subject
prope~ is located at 930 West Francis Street (Lots L, M, N and O, Block 3) ~d is zoned
Medium-Densi~ Residential (K-6). On Lots L, M ~d N, there is an existing single-fmily
residence that would be demolished. ~e new pmpe~ line created by this lot split would put
Lots L and M on one lot (tentatively titled Lot A, hereina~er, until subdivision exemption plat is
filed) ~d Lots N ~d O on ~e other (tentatively titled Lot B, hereina~er).
Pursuit m Section 26.88.030(A)(2), lot splits ~e subdivision exemptions requiring Ci~ Council
approval. Simil~ly, Section 26.100.050(C)(3)(a) states that Ci~ Council shall exempt lot splits
from ~e ~o~ management competition ~d scoring procedures, but such exemptions shall be
deducBd from ~e pool of ~nual development allom~ents ~d ~e memo area development
ceilings.
The applic~t's application is a~ached as Exhibit "A," ~d refe~al comments from Engineering,
Housing, and the Aspen Consolidated S~itation Dis~ia (ACSD) are included as E~ibit "B."
CommuniW Development staff recommends that Ci~ Council approve the Hower
Subdivision and GMQS exemptions for a Lot Split ~th conditions.
~PLIC~T: Dale Hower of Running Bear LLC.
P~OUS CO~CIL ACTION: This proposal was approved on first reading as p~ of fl~e
Consent Agenda at ~e November 10, 1997 Ci~ Co~cil hearing.
BACKGRO~: In 1975, implementation of gro~ m~agement required that all contiguous,
adjacem lots held in single ownership be merged Br development pu~oses. At ~at time, lot
splits were created as a one-time exemption from ~e full subdivision process. Pursuit m
Section 26.88.030(B), lot splits ~e a one-step subdivision exemption requiring a public he~ing
beBre Ci~ Council.
In the current case, the underlying R-6 zoning will allow a single-family residence on each of the
parcels, and neither of the resulting lots will be large enough to support a duplex while meeting
the dimensional requirements (i.e., minimum lot size per dwelling unit). An existing residence
straddles the proposed lot line, but would be demolished at a later date for redevelopment of the
new lots. ?he lot split exemption provisions require that development on the new lots either
provide Accessory Dwelling Units (ADUs), pay affordable housing impact fees, or accept the
imposition of a resident occupied deed restriction(s).
A GMQS Exemption (from the competition and scoring procedures) for the development of a
single-family residence on Lot B would be granted by Council (pursuant to Section
26.100.050(C)(3)(a)) in connection with the requested subdivision exemption approval for the lot
split. The Community Development Director would exempt Lot A from GMQS competition and
scoring procedures (pursuant to Section 26.100.050(A)(2)(c)) due to the fact that an existing
house would be demolished and replaced. Notwithstanding these exemptions from the
competition and scoring procedures, development/redevelopment on both lots (A and B) will
require mitigation pursuant to Section 26.100.050(A)(2)(c) in the form of either an ADU, cash in
lieu, or a resident occupancy deed restriction for development of a single family residence;
therefore, once Lots A and B are re/developed, housing goals of the AACP and the provisions of
the Municipal Code would be met.
Given the fact that there is an existing house at 930 West Francis Street, a "credit" can be granted
toward the calculation of the affordable housing impact fee for one of the two lots created by the
lot split. This "credif' is awarded pursuant to Section 26.48.020, Calculation of Affordable
Housing Impact Fee, which states that "The formula shah utilize the cash-in-lieu payment
established... and the square footage of new ~oor area constructed as a result of the demolition
of a single-family or duplex dwelling unit or the construction of a new single-family or duplex
dwelling unit on a previously vacant lot (the floor area of the demolished dwelling unit shall be
subtracted from the floor area of the replacement dwelling unit)..."
In practice, this means that rather than constructing an ADU or placing a resident occupancy deed
restriction on the new house, one of the lots could pay a reduced (via credit) affordable housing
impact fee. That is, the affordable housing impact fee is a function of the square footage of the
fee generator (new house), and since an existing house would be demolished, the affordable
housing impact fee associated with the new house would be "pro-rated" to correspond with the
difference in floor area between the demolished house and the new house. Therefore, the
subdivision exemption plat will need to indicate both the verified square footage of the existing
house in order to define the amount of credit that can be used, and to which lot said square
footage (credit) is to be assigned. It should also be noted that the developer of the lot with the
credit would also have the freedom to decide to construct an ADU or place a resident occupied
deed restriction on the house instead of paying the affordable housing impact fee.
In reviewing this case, the Engineering Department recommended that that the lot split plat needs
to "indicate afive foot wide pedestrian usable space located 7.5' from the property line and with a
five foot buffer for snow storage." After discussion and agreement with the Engineering
Department, staff is recommending that the pedestrian usable space be placed immediately
adjacent to (abutting) the property line, leaving an additional 12.5' to the street edge which will
serve as a wide landscape and snow storage area.
DISCUSSION: The following sections of the code are applicable to City Council's review of
this development application: Section 26.28.040, Medium-Density Residential (R-6); Section
26.88.030(A)(2), Subdivision Exemptions for Lot Splits; and, Section 26.100.050(C)(3)(a),
GMQS Exemptions by City Council.
Section 26.88.030CA)(2). Subdivision Exemptions for Lot Splits
Under the provisions of the Municipal Code, the division of land into two (2) or more lots, tracts
or parcels is by definition a subdivision. As a result, the proposed division of the applicant's
property into two (2) separate single-family lots is subject to the City's review and approval. The
subdivision or split of a lot for the purposes of developing one. additional detached single-family
dwelling is exempt from the full subdivision review pursuant to Section 26.88.030(A)(2) of the
Regulations. The specific review criteria for a "lot splif' exemption and staff's responses with
regard to the current proposal's compliance therewith are summarized below.
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
RESPONSE: As the legal description indicates, the property consists of Lots L, M, N, and O of
Block 3 of the original Aspen ToWnsite. The property is not located within a previously approved
subdivision, and the lots predate the City's adoption of subdivision regulations.
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 ~vhich
development is proposed will mitigate for affordable housing pursuant to Section
26.100.040(A)(1)(c) [this citation is incorrect and should actually refer to
Section 26.100.050(A)(2)(c)].
· RESPONSE: As explained earlier in this memo, the proposal calls for splitting one lot into two.
The two resulting lots will conform with the dimensional requirements of the underlying R-6 zone
district. Because the existing home conflicts with/straddles the proposed lot line, the Subdivision
Exemption Plat must reflect that any new development on the parcels will be required to conform
to the required side yard setbacks. This plat note would remove the need to have the existing
structure go before the Zoning Board of Adjustment for a variance to the new setbacks or to
demolish the structure prior to recording the plat.
As already explained in the "Background" section of this memo, both Of the lots created by this
lot split will be required to mitigate for affordable housing pursuant to Section
26.100.050(A)(2)(c) by each providing either an ADU, paying an affordable housing impact fee,
or placing a resident occupancy deed restriction on the home.
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 26.100.040(C)(1)(a) [this citation is
incorrect and should actually refer to Section 26.100.050(C)(3)(a)]; and
RESPONSE: The property in question has not been the subject of any prior subdivision
exemption application or approval.
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.
RESPONSE: A subdivision plat and subdivision exemption agreement shall be reviewed by the
Planning and Engineering Departments for approval and recordation within 180 days of final land
use approval. The plat and the agreement shall include a prohibition against further subdivision
and a requirement that additional development comply with the applicable provisions of the Land
Use Code. Failure to record the plat and agreement within 180 days shall nullify the approval.
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 City Council shah render the plat invalid and
reconsideration of the plat by the City Council will be required for a showing of
good cause.
RESPONSE: The language of this criterion is included as a recommended condition of the
subdivision exemption approval. Also, see response to the previous criterion (d).
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.
RESPONSE: This application represents a case where an existing single-family dwelling
occupies the site and the dwelling has not yet been demolished. Also, see response to criterion
"b" above.
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.
RESPONSE: The maximum potential buildout for the proposed lot split will be the development
of two (2) single-family homes as the resulting lot areas will not be large enough to develop a
duplex while still meeting the minimum lot area per dwelling unit requirement in the R-6 zone
district. That is, the two lots Created will be 6,000 square feet and 6,734 square feet while the R-6
zone district maintains a minimum lot area of 9,000 square feet for a duplex.
Section 26.100.050(C). GMQS Exemption by City Council
Section 26.100.050(C)(3)(a) provides an exemption from the Growth Management Quota System
(GMQS) for lot splits; however, this exemption shall be deducted from the pool of annual
development allotments and from the metro area development ceilings. The pool of annual
4
development allotments currently includes twelve (12) potential allotments. Standard
26.100.050(C)(3)(a) reads as follows:
a. Lot Split. The development of one detached residential dwelling on a
vacant lot within the original mapped Aspen Townsite, formed by a lot split
granted subsequent to November 14, ]977pursuant to Section 26.88. 030(A)(2),
shall be exempted from the growth management competition and scoring
procedures by the City Council. The existing original lot does not need to be
developed in order to be eligible for this lot split exemption.
As explained in the foregoing, this lot split application would create one vacant lot for the
development of one additional detached residential dwelling unit. The subject property is within
the original mapped Aspen Townsite, and if granted, the lot resulting from this split would be
created subsequent to November 14, 1977 and pursuant to Section 26.88.030(A)(2). Therefore,
this application is eligible for and meets the requirements of a GMQS Exemption from City
Council. As a consequence of approving this application, the pool of annual development
allotments and the metro area development ceilings would be decreased by a factor of one (1);
thus, after this approval, the pool of annual development allotments would contain eleven (11)
potential allotments.
RECOMMENDATION: Community Development Department staff recommends approval of
both the proposed subdivision exemption for a lot split and the GMQS Exemption with the
following conditions:
1. A subdivision plat and subdivision exemption agreement shall be reviewed and approved
by the Community Development and Engineering Departments and recorded in the office
of the Pitkin County clerk and recorder within one hundred eighty (180) days of final
approval by City Council. Failure to record the plat and subdivision exemption
agreement within the specified time limit shall render the plat invalid and reconsideration
of the plat by City Council will be required for a showing of good cause. As a minimum,
the subdivision plat shall:
a. MeettherequirementsofSection26.88.040(D)(2)(a)oftheAspenMunicipalCode;
b. Contain a plat note stating that both lots created by the lot split shall be required to
mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the
Municipal Code;
c. Indicate, as a plat note, both the verified floor area (as defined by the Municipal
Code) of the existing house in order to define the mount of credit that can be used,
and to which lot said floor area (credit) is assigned. It shall also be noted on the plat
that the developer of the lot with the credit shall have the right to decide whether to
use the credit toward an affordable housing impact fee or, instead, either construct an
Accessory DWelling Unit meeting the provisions of Section 26.40.090 or place a
resident occupancy deed restriction on the new house;
d. Contain a'plat note stating that the setback nonconformities created by the new lot
line shall be eliminated upon redevelopment of the two lots in that all new
development on the lots will conform to the dimensional requirements of the R-6
zone district;
e. Indidate a five (5) foot wide pedestrian usable space along the length of the property's
street frontage. The pedestrian space shall be located adjacent to (abutting) the
property line with an additional 12.5' of landscape buffer to the street edge to provide
room for snow storage; and,
f. Contain a plat note stating that the lots contained therein shall be prohibited from
applying for further subdivision and any development of the lots will comply with the
applicable provisions of the Land Use Code in effect at the time of application.
2. As a minimum, the subdivision exemption agreement shall include the elements outlined
in Section 26.88.050 of the Aspen Municipal Code.
3. Prior to issuance of any building or demolition permits, the applicant shall:
a. Submit a site "improvement survey" that is dated Within twelve (12) months of the
date submitted on, and is wet signed and stamped by a surveyor registered to practice
in the State of COlorado;
b. Submit a drainage collection and conveyance improvements plan and report
demonstrating compliance with the Land Use Code's requirements for runoff design
standards as described in Section 26.88.(C)(4)(f). The plan and report shall both be
signed and stamped by a civil/hydrology engineer who is fully knowledgeable in this
field of practice and registered in the State of Colorado; and,
c. In the event required, a tree removal permit must be obtained from the Parks
Department for any tree(s) that is/are to be removed or relocated; also, no excavation,
grading or material storage can occur within the dripline of the tree(s) to be
preserved.
4. Prior to issuance of a Certificate of Occupancy on either lot, the applicant shall sign a
sidewalk, curb and gutter construction agreement and pay the applicable recording fees.
5. Separate utility services will be required for each lot; however, in the case of sewer
service, if the existing line is found by the ACSD's line superintendent to be in good
condition, then it may be used by both residences if a shared service line agreement is
completed at the ACSD office.
6. In the event required, the applicant must receive approval from: · The City Engineer for design of improvements, including landscaping, within public
rights-of-way;
· The Parks Department for vegetation species, tree removal, and/or public trail
disturbances;
· The Streets Department for mailboxes and street cuts; and,
· The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights-of-way.
6
7. All material representations made by the applicant in this application and during public
hearings with the City Council shall be adhered to and shall be considered conditions of
approval, unless otherwise amended by City Council.
RECOMMENDED MOTION: "I move to approve Ordinance Number 39, Series of 1997, on
second reading. The ordinance grants approval, with the conditions recommended in the staff
memo dated December 8, 1997, of Subdivision and GMQS Exemptions for the Hower Lot Split
application."
CITY MANAGER'S COMMENTS:
EXItlBITS:
"A" - Applicant's submittal for the proposed Lot Split and GMQS Exemption
"B" - Referral Comments from Engineering, Housing and the Aspen Consolidated
Sanitation District (ACSD).
7
AEpen CO 81611
Tel. 970.925.8775
Fax 970.925,8847
Emil. Skyeevan~"of. nel
To: The City of Aspen
Re: Lot split Application for Lots L, M, N, &O, BL3, West End with existing home
~on property at 930 W, Francis
I am applying for this lot split in order to build 2 homes. This land is not located in
a subdivision approved by either the Pitkin County Board of County
Commissioners or the city council. There will be no more than 2 lots created by
the lot split, both lots conform to the requirements of the underlying zone district.
The lot under consideration was not previously the subject of a subdivision
exemption under the provisions of this chapter or a lot split exemption pursuant
to Section 26.100,040.
I have attached a survey with this application.
In addition, this survey has been reviewed by both Bob Nevins and Stan
Clausen. They agree that it meets all criteria for this lot split. They ask that you
call them if you have any questions.
Sii ~.~)~
Da ower
MEMORANDUM
To: Mitch Haas, Planner
Thru: Nick Adeh, City Engin,~,~
From: Chuck Roth, Project Engineer ~__~e~
Date: October I0, 1997
Re: Hower Lot Split and GMQS Exemption (Running Bear Lot Split)
The Development Review Committee has reviewed the above referenced application at their
September 17, 1997 meeting, and we have the following comments:
1. Improvement Survey - The application did not include an improvement survey, and it is a
requirement to include in the application packet a document that is specifically rifled "improvement
survey" and that is wet signed and stamped by a surveyor registered to practice ~in Colorado. The
date must be within the past 12 months. The survey identifies items of concem such as easements,
which relate to FAR and building locations, and encroachments in the public right-of-way.
2. Sidewalk, Curb and Gutter - The site is located in the West End where sidewalks are
excluded from being built at this time. However the "Pedestrian Walkway and Bikeway System
Plan" does indicate that there should be pedestrian usable space off of the street surface. Therefore,
the lot split plat needs to indicate a five foot wide pedestrian usable space located 7.5' from the
property line and with a five foot buffer for snow storage.
The site lacks curb and gutter. The applicant needs to sign a sidewalk, curb and gutter
construction agreement, and pay recording fees, prior to issuance of a certificate. of occupancy for
new construction.
3. Site Drainage - The site development needs to meet the requirement of ranoff design standards
of the Land Use Code at Sec. 26.88.040.C.4.f, and the building permit applications for each parcel
will have to include a drainage collection and conveyance improvements plan and report, both
signed and stamped by a civiFhydrology engineer fully knowledgeable in this field of practice, and
registered in the State of Colorado, submitted as part of the building and site plan (24"x36" size
plan sheet or on the lot grading plan).
4. Utilities - Separate utility services will be required for each lot.
5. Parks Deoartment - The applicant needs to consult with the Parks Department to determine if a
tree permit is required.
6. Fire Marshal - The Fire Marshal will need to review building permit drawings when they are
submitted. If the living area is greater than 5,000 square feet, fire protection sprinkler systems will
be required.
7. Work in the Public Rillht-of-wav - Given the continuous problems Of unapproved work and
development in public rights-of-way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights-of-way, parks department (920-5120)
for vegetation species and for public trail disturbance, and streets department (920-5130) for
mailboxes, street and alley cuts, and shall obtain permits for any work or development, including
landscaping, within public rights-of-way from the city community development department.
M97.137
SEP 85 ~g~ II:SGAM ASPEM HOUSIN~ OFC P.I
MEMORANDUM
TO: Mitch Haas, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE; September 25, 1997
Itl;: Hower Lot Sp~it and GMQS Exempion
Parcel ID No. 2735-123-02002
JJ.J..UE: The applicant is requesting to demolish an existing structure. do a lot split and build two
single-family homes.
BACKGROUND: According to Section 26.1 00.050(A)(2)(c):
O elaehed slllgle-bmily or duplex dwelling unlL The eon~ of one o~ gwo
~)e~hed resldetial re'des era duplex diesere an s ist else Was mibdlv~ed Dr was a
tagel~ tles~bed ~ar;el pr[er to November ~ ~#I~, eat ;amplles w~ be prelsi~s
d 8ecegn ;6.~&O40(A)f6) or me rmptaoement afler demolition of one or two demr~e~
rea~l u;~ er ,~ d~j~tex dwel#nE, Dr ~ remodel or exj3allsio)i of a single tbfilily
dvadlb:g Inh~ a duplex =levelline. This exempt[~e Shall n~ be al~ ~ any lot for whO. Is
any offier development aWofrdent is eurren#f berne souglft ur is appmved., This
exemption shall only app4y ;r the fu~ow;na standards are reel
(f) Ellugle.famUy. In order ~o qualify far a single. family exempflan~ b~e applieant
shall have ,f, ree op~onr,
(a) pmYMing an aee~tsmy dwelling un~
b) paying the eAu/isab/e affordable busting impar;~ fee; or
reardine a realden~-or~upanry deerl metrisem on the aisgie.imlly
d~g unK being ~=nstmcad.
REC~MMENDATION: Eac~ lot must provide one of t~e ~hree ~pSons es sated ~
As d t~ay, ~e paymem-i~fieu Tee calculates to I~ $21.3~3 per square f~. The applicant
would get ;;'edit for t~e existSfig struc~jre, but ~e a~plicant w~dd ~eed to provide the a;~ual
square footage of the e~tstjng structure prior to demolE1jon to obtain any type of credit.
The Housing Board has prioritized their preference for mitigating for affordable housing impacts as
follows: :
1. On-site housing;
2. Off-sits housing, including the buydown concept;
3. Cash-in..Ikeu/Land-ln-fieu
Consofzb[aieofc aniiaisbn
565 North Mill Street
Aspen. Colorado 81611
Tele. 970~ 925-3601 FAX #(970 925-2537
Sy Kelly · Chairman Michael Kelly
Paul Smith · Treas. Frank bushin
Louis Popish - Secy. Bruce Ma~e~y, Mgr.
Septemb~ 25, 1997
~tch H~s
Comu~ty Developmere
130 S. Galena
Aspen, CO 81611
Re: HoW~ lot split
De~ ~tch:
The Aspen Conso~dated Smtation Dist~ cu~enfly has su~ciem colle~ion ~d treatmere
capacity to sere t~s development. Se~ice is contingent upon compli~ce ~th the Distfi~'s
~es, re~lations, ~d specifications w~ch ~e on file at ~e District o~ce.
The e~sting se~ce line ~11 either need to be abandoned follo~ng ~spection by our line
sup~tendent, or may be used for one of the two jingle f~ly residences to be b~t. There is
cu~emly a single cast iron se~ice line in place. Ift~s line is in good condition, as d~emed by
our line supefimendem, then it my be*used by both residences if a shared semce line is
compl~ed at our o~ce.
The tot~ co~ection fees for the project c~ be estimated once det~led plus ~e available ~d a
tap pe~t is completed for each u~t. Please c~l if you have ~y questions.
Sincerely,
Bm6e Mathefty
District Manager
RECEIVED
31;P Z 9 3997
EPA Awards of Excellence
· ASPEN / PITKIN
1976 1986. 1990 COMMUNITY DEVELOpMENT
P~egional and: National
MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
FROM: Mit ' ~
RE: Hower Subdivision Exemption and GMQS Exemption for a Lot Split - First
Reading of Ordinance Number i~ , Series of 1997.
DATE: November 10, 1997
SUMMARY: The applicant, Dale Hower, is requesting a lot split to create a 6,734 square foot
parcel and a 6,000 square foot parcel from one 12,734 square foot lathering parcel. The subject
property is located at 930 West Francis Street (Lotl L, M, N and O, Block 3) and is zoned
Medium-Density Residential (R-6). On Lots L, M and N, there is an existing single-family
residence that would be demolished. The new property line created by this lot split would put
Lots L and M on one lot (Lot A) and Lots N and O on the other (Lot B).
Pursuant to Section 26.88.030(A)(2), lot splits are subdivision exemptions requiring City Council
approval. Similarly, Section 26.100.050(C)(3)(a) states that City Council shall exempt lot splits
from the growth management competition and scoring procedures, but such exemptions shall be
deducted from the pool of annual development allotments and the metro area development
ceilings.
The applicant's application is attached as Exhibit "A," and referral comments from Engineering,
Housing, and the Aspen Consolidated Sanitation District (ACSD) are included as Exhibit "B."
Community Development staff recommends that City Council approve the Bower
Subdivision and GMQS exemptions for a Lot Split with conditions.
APPLICANT: Dale Hower of Running Bear LLC.
PREVIOUS COUNCIL ACTION: None.
BACKGROUND: In 1975, implementation ofgrowth management required that all contiguous,
adjacent lots held in single ownership be merged for development purposes. At that time, lot
splits were created as a one-time exemption from the full subdivision process. Pursuant to
Section 26.88.030(B), lot splits are a one-step subdivision exemption requiring a public hearing
before City Council.
In the current case, the underlying R-6 zoning will allow a single-family residence on each of the
parcels, and neither of the resulting lots will be large enough to support a duplex while meeting
the dimensional requirements (i.e., minimum lot size per dwelling unit). An existing residence
straddles the proposed lot line, but would be demolished at a later date for redevelopment of the
new lots. The lot split exemption provisions require that development on the new lots either
provide Accessory Dwelling Units (ADUs), pay affordable housing impact fees, or accept the
imposition of a resident occupied deed restrictinn(s).
A GMQS Exemption (from the competition and scoring procedures) for the development of a
single-family residence on Lot B would be granted by Council (pursuant to Section
26.100.050(C)(3)(a)) in connection with the requested subdivision exemption approval for the lot
split. The Community Development Director would exempt Lot A from GMQS competition and
scoring procedures (pursuant to Section 26.100.050(A)(2)(c)) due to the fact that an existing
house would be demolished and replaced. Notwithstanding these exemptions from the
competition and scoring procedures, development/redevelopment on both lots (A and B) will
require mitigation pursuant to Section 26.100.050(A)(2)(c) in the form of either an ADU, cash in
lieu, or a resident occupancy deed restriction for development of a single family residence;
therefore, once Lots A and B are re/developed, housing goals of the AACP and the provisions of
the Municipal Code would be met.
Given the fact that there is an existing house at 930 West Francis Street, a "credit" can be granted
toward the calculation of the affordable housing impact fee for one of the two lots created by the
lot split. This "credit" ii awarded pursuant to Section 26.48.020, Calculation of Affordable
Housing Impact Fee, which states that "The formula shall utilize the cash-in-lieu payment
established... and the square footage of new ~oor area constructed as a result of the demolition
of a single-family or duplex dwelling unit or the construction of a new single-family or duplex
dwelling unit on a previously vacant lot (the floor area of the demolished dwelling unit shall be
subtracted from the ~oo~ area of the replacement dwelling uniO . . . "
In practice, this means that rather than constructing an ADU or placing a resident occupancy deed
restriction on the new house, one of the lots could pay a reduced (via credit) affordable housing
impact fee. That is, the affordable housing impact fee is a function of the square footage of the
fee generator (new house), and since an existing house would be demolished, the affordable
housing impact fee associated with the new house would be "pro-rated" to correspond with the
difference in floor area between the demolished house and the new house. Therefore, the
subdivision exemption plat will need to indicate both the verified square footage of the existing
house in order to define the amount of credit that can be used, and to which lot said square
footage (credit) is to be assigned. It should also be noted that the developer of the lot with the
credit would also have the freedom to decide to construct an ADU or place a resident occupied
deed restriction on the house instead of paying the affordable housing impact fee.
In reviewing this case, the Engineering Dept. recommended that that the lot split plat needs to
"indicate a five foot wide pedestrian usable space located 7.5' from the property line and with a
five foot buffer for snow storage." After discussion and agreement with the Engineering Dept.,
staff is recommending that the pedestrian usable space be placed immediately adjacent to the
property line, leaving an additional 12.5' to the street edge which will serve as a wide landscape
and snow storage area.
DISCUSSION: The following sections of the code are applicable to City Council's review of
this development application: Section 26.28.040, Medium-Density Residential (R-6); Section
26.88.030(A)(2), Subdivision Exemptions for Lot Splits; and, SeCtion 26.100.050(C)(3)(a),
GMQS Exemptions by City Council.
Section 26.88.030(A)(2). Subdivision Exemptions for Lot Splits
Under the provisions of the Municipal Code, the division of land into two (2) or more lots, tracts
or parcels is by definition a subdivision. As a result, the proposed division of the applicant's
property into two (2) separate single-family lots is subject to the City's review and approval. The
subdivision or split of a lot for the purposes of developing one additional detached single-family
dwelling is exempt from the full subdivision review pursuant to Section 26.88.030(A)(2) of the
Regulations. The specific review criteria for a "lot split" exemption and staffs responses with
regard to the current proposal's compliance therewith are summarized below.
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
RESPONSE: As the legal description indicates, the property consists of Lots L, M, N, and O of
Block 3 of the original Aspen Townsite. The property is not located Within a previously approved
subdivision, and the lots predate the City's adoption of subdivision regulations.
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
26.100.040(A)(1)(c~ [this citation is incorrect and should actually refer to
Section 26.100.050(A)(2)(c)].
RESPONSE: As explained earlier in this memo, the proposal calls for splitting one lot into two.
The two resulting lots will conform with the dimensional requirements of the underlying R-6 zone
district. Because the existing home conflicts with/straddles the proposed lot line, the Subdivision
Exemption Plat must reflect that any new de'~elopment on the parcels will be required to conform
to the required side yard setbacks. This plat note removes the need to have the existing structure
go before the Zoning Board of Adjustment for a variance to the new setbacks or to demolish the
structure prior to recording the plat.
As already explained in the "Background" section of this memo, both of the lots created by this
lot split will be required to mitigate for affordable housing pursuant to Section
26.100.050(A)(2)(c) by each providing either an ADU, paying an affordable housing impact fee,
or placing a resident occupancy deed restriction on the home..
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 26.100.040(C)(1)(a) [this citation is
incorrect and should actually refer to Section 26.100.050(C)(3)(a)]; and
RESPONSE: The property in question has not been the subject of any prior subdivision
exemption application or approval.
d A subdivision plat which meets the term~ 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.
RESPONSE: A subdivision plat and subdivision exemption agreement shall be reviewed by the
Planning and Engineering Departments for approval and recordation within 180 days of final land
use approval. The plat and the agreement shall include a prohibition against further subdivision
and a requirement that. additional development comply with the applicable provisions of the Land
Use Code. Failure to record the plat and agreement within 180 days shall nullify the approval.
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 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.
RESPONSE: The language of this criterion is included as a recommended condition of the
subdivision exemption approval. Also, see response to the previous criterion (d).
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.
RESPONSE: This application represents a case where an existing single-family dwelling
occupies the site and the dwelling has not yet been demolished. Also, see response to criterion
"b' above.
g. Maximum potential buildout for the two (2) parcels created by a lot split
shah not exceed three (3) units, which may be composed of a duplex and a
single-family home.
RESPONSE: The maximum potential buildout for the proposed lot split will be the development
of two (2) single-family homes as the resulting lot areas will not be large enough to develop a
duplex while still meeting the minimum lot area per dwelling unit requirement in the R-6 zone
district. That is, the two lots created will be 6,000 square feet and 6,734 square feet while the R-6
zone district maintains a minimum lot area of 9,000 square feet for a duplex.
Section 26.100,050(C). GMQS Exemption by City Council
Section 26.100.050(C)(3)(a) provides an exemption from the Growth Management Quota System
(GMQS) for lot splits; however, this exemption shall be deducted from the pool of annual
development allotments and from the metro area development ceilings. The pool of annual
development allotments currently includes twelve (12) potential allotments. Standard
26.100.050(C)(3)(a) reads as follows:
a. Lot Split. The development of one detached residential dwelling on a
vacant lot within the original mapped Aspen Townsite, formed by a lot split
granted subsequent to November 14, 1977pursuant to Section 26.88. 030(A)(2),
shah be exempted from the growth management .competition and scoring
procedures by the City Council The existing original lot does not need to be
developed in order to be eligible for this lot split exemption.
As explained in the foregoing, this lot split application would create one vacant lot for the
development of one additional detached residential dwelling unit. The subject property is within
the original mapped Aspen Townsite, and if granted, the lot resulting from this split would be
created subsequent to November 14, 1977 and pursuant to Section 26.88.030(A)(2). Therefore,
this application is eligible for and meets the requirements of a GMQS Exemption .from City
Council. As a consequence of approving this application, the pool of annual development
allotments and the metro area development ceilings would be decreased by a factor of one (1);
thus, after this approval, the pool of annual development allotments would contain eleven (11)
potential allotments.
RECOMMENDATION: Community Development Department staff recommends approval of
both the proposed subdivision exemption for a lot split and the GMQS Exemption with the
following conditions:
1. A subdivision plat and subdivision exemption agreement shall be reviewed and approved
by the Community Development and Engineering Departments and recorded in the office
of the Pitkin County clerk and recorder within one hundred eighty (180) days of final
approval by City Council. Failure to record the plat and subdivision exemption
agreement within the specified time limit shall render the plat invalid and reconsideration
of the plat by City Council will be required for a showing of good cause. As a minimum,
the Subdivision plat shall:
a. Meet the requirements of Section 26.88.040(D)(2)(a) of the Aspen Municipal Code;
b. Contain a plat note stating that both lots created by the lot split shall be required to
mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the
Municipal Code;
c. Indicate, as a plat note, both the verified floor area (as defined by the Municipal
Code) of the existing house in order to define the amount of credit that can be used,
and to which lot said floor area (credit) is assigned. It shall also be noted on the plat
that the developer of the lot with the credit shall have the right to decide whether to
use the credit toward an affordable housing impact fee or, instead, either construct an
Accessory Dwelling Unit meeting the provisions of Section 26.40.090 or place a
resident occupancy deed restriction on the new house;
d. Contain a plat note stating that the setback nonconformities created by the new lot
line shall be eliminated upon redevelopment of the two lots in that all new
development on the lots will conform to the dimensional requirements of the R-6
zone district;
e. Indicate a five (5) foot widelpedestrian usable space along the length ofthe property's
street frontage. The pedestrian space shall be located adjacent to the property line
with an additional 12.5' of landscape buffer to the street edge to provide room for
snow storage; and,
f. Contain a plat note stating that the lots contained therein shall be prohibited from
applying for further subdivision and any development of the lots will comply with the
applicable provisions of the Land Use Code in effect at the time of application.
2. As a minimum, the subdivision exemption agreement shall include the elements outlined
in Section 26.88.050 of the Aspen Municipal Code.
3. Prior to issuance of any building or demolition permits, the applicant shall:
a. Submit a site "improvement survey" that is dated within twelve (12) months of the
date submitted on, and is wet signed and stamped by a surveyor registered to practice
in the State of Colorado;
b. Submit a drainage collection and conveyance improvements plan and report
demonstrating compliance with the Land Use Code's requirements for runoff design
standards as described in Section 26.88.(C)(4)(f). The plan and report shall both be
signed and stamped by a civil/hydrology engineer who is fully knowledgeable in this
field of practice and registered in the State of Colorado; and,
c. In the event required, a tree removal permit must be obtained from the Parks
Department for any tree(s) that is/are to be removed or relocated; also, no excavation,
grading or material storage can occur within the dripline of the. tree(s) to be
preserved.
4. Prior to 'issuance of a Certificate of Occupancy on either lot, the applicant shall sign a
sidewalk, curb and gutter construction agreement and pay the applicable recording fees.
5. Separate utility services will be required for each lot; however, in the case of sewer
service, if the existing line is found by the ACSD's line superintendent to be in good
condition, then it may be used by both residences if a shared service line agreement is
completed at the ACSD office.
6. In the event required, the applicant must receive approval from: · The City Engineer for design of improvements, including landscaping, within public
rights-of-way;
· The Parks Department for vegetation species, tree removal, and/or public trail
disturbances;
· The Streets Department for mailboxes and street cuts; and,
· The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights-of-way.
7. All material representations made by the applicant in this application and during public
hearings with the City Council shall be adhered to and shall be considered conditions of
approval, unless otherwise amended by City Council.
RECOMMENDED MOTION: "I move to approve Ordinance Number Z~[, Series of 1997, on
first reading. The ordinance grants approval, with the conditions recommended in the staff memo
dated November 10, 1997, of Subdivision and GMQS EXemptions forthe Hower Lot Split
application."
CITY MANAGER'S COMMENTS:
EX2~ I B ITS:
"A"- Applicant's submittal for the proposed Lot Split and GMQS Exemption
"B" - Referral Comments from Engineering, Housing and the Aspen Consolidated
Sanitation District (ACSD).
1t-83 q? iS:13 T: P:Ol
·~MBkllLDII~G
Nov. 32 1997
Mit~h huts
{.:omf~unlty Dev D~t.
305
~p~, Co. gl611
r)elr Mit~li:
Dale Hower asked me to calculate the existing ~uarc footaBe for the single family home located
on lots l, m,n,o on W. Francis it. The quare footage is 2,766.8.
Please ca]t ray if you have any questions
Si ..m-~.._.,.~'~
Score Sarohorski
ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
(Please Print Clearly)
CITY OF ASPEN (hereinafter CITY) and ~ ~
(hereina~er APPLICANT) AGREE AS FOLLOWS:
(heminat'cer, 'THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996)
establishes a fee structure for land use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing
the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow
APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining
greater cash liquidity and will make additional payments upon notification by the CITY when they
are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of
recovering its full costs to process APPLICANTS application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete '
processing or present sufficient information to the Planning Commission and/or City Council to
enable the Planning Commission and/or City Council to make legally required findings for project
approval, unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of ks right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay an
initial deposit in the mount of $ .L t~!K.C)(9,;hich is for ,iT hours of planning staff time, and
actual mcurded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings
to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension
of processing.
CITY OF ASPEN APPLICANT
hate:
Community Development Director PrintedName:
City of Aspen MailingAddress:
William K. Guest, P.C.
N)4 PITKIN AVENUE
GLEI'IWOOr' SPRING, S, CO 81 ~01
TELEPHONE (I)70) 028.0175
FACBIMtLE (970) 928~06~6
A~st 20, ] 997
Vja~ ~acs;mHe 92o- 439
M]tch Haas
RE: Runoiolg Oear~ LLC
Dear ~tch:
lamansttorn~yIicensedtopmcticeintheSutteofColorado. T~oownerofthepropcrty
described in the Exi~ibit "A" is P, unn'mS ]~ear, LLC. It is a Colorado manager managed limited
liability company. The sole mannact' of Running Scar, LLC is D~e ~o~ver. To the best of my
knowledge, all mortSa~cs, judgments, liens, ~s~ffients, corm'acts and agreements affecting the
property dcsu~ed ~n F, xhlb~.t aA" are:
1. A Deed of Trust for the use ofImperld Crcdlt lndustrjt% Inc., in the ozjginal
amount of $650,000.00, dated December 6, 1994, and r~rded December 9, 1994 in Book 769
at Page 49 as Rcceptlon No. 377072 in the books and rm~ords of Pitkin County, Colorado, The
Deed of Trust was assiSned by an Assignment recorded Novatabor 25, 1996 as Reception No, -.
399419 to Bank of New York. WhYc not of record, it is posa~lc that th~ De~l of TruSt has been '
assigned to (3MAC Mortgage or GMAC MortgaS~ serdces the loan.
2. The reservations and exccptlons as ~t forth in thc Dccd from the City of Aspen
recorded in Book 59 at Page 292 of the books and records of Vitkin County providing as follows:
That no title shall be hereby acqttired to any mine of gold, sitver,
cinnabar or copper or to any valid mining claim or possession held
undcr existing laws.
If'you need any further informallon, please fenl frcc to give me a call.
Very truly yours,
WILLIAMK. GUEST, P.O.
William K. C:mest, I.D., LL.M.
]~closure
~: Dale How~r
EXHIBIT "A"
A tract of land being all of Lets L. M. N and O, in Block 3. City oFAsper~
Colorado and Pan oi'the West 1~ oFSectlon I2, To~s~p I0 ~th, ~n~e 8j
West oFth~ 6th P,M. bdn~ mo~ ~]ly desc~bed as follows:
BelOng at the point of~ters~ioa oftM So~erly bo~da~ Hne ~said Lot L
~d Line 6-7 ~pcn Toeslie whcnc~ ~mcr No. 6 (a ~o~e monument) b~ X
0732'24" E. 71~.8~ fe~; ~ce ~. 75~09'11' W. 20.02 f~el; thenc0 N.
0~32'24" E. 100.82 Fe~; thence $. 75'C9' 1F' E. I~.7~ Feet to the No~ast~ly
come~ oF s~d Lot C; ~h~nce S. 1450'49" W. 100.~ F~t along the Easterly
bounda~ line ~said Lot O to the Scu~hea~rly comer 0Fsaid Lot O; thenc~N.
75~'t I' W. 100.92 ~ee~ along tM South~Iy bounda~ line of s~d Block 3 to the
~t of b~gi~ng.
~O~ O~ ~IT~, STA~ O~ COLO~O.
Running Bear Owners
21-Aug-97
Parcel Number Schedule Number Owner Name Name 2 / Address 1 Address 2 City State Zip Code
2735-122-21-002 R012800 ASPEN VISTAS INC WANGERLF~I-IANDRALPHC/O 1540 N LAKE SHORE DR CHICAGO ~. 50610-
2735-123-16-001 R011811 BECKER FREDERICK L & SUZANNE PO BOX 2223 ASPEN ZO 81612-
2735-123-14-004 R004875 BEHRENDTHMICI-LAEL 334WHYMANAVE ASPEN CO 81611-
2735-123-14-011 R004919 BEHRENDTHERMANMICI-IAEL 334WHYMANAVE ASPEN CO 81611-
2735-123-16-702 R011812 BENHAMOOSHLOMO&PATRICECON POBOX2902 ASPEN CO 31612-
2735-123-03-005 R004581 BERGMANCAI~R BERGMANCATHERINEM POBOX1365 ASPEN ~O 81612-
2735-123-14-003 R004825 BLANZJAMESM 2555 NE llTH ST FTLAUDERDALE FL 83304-
2735-122-70-005 R009960 CAMP ROBERT C CURLEE CYNTHIA A AS TENANTS IN PO BOX 692 ASPEN CO 31612-
2735-123-14-008 R005203 CHISHOLIv[ MARGO J PO BOX 4870 ASPEN ~.O 31612-
2735-123-02-001 R004769 CGORDES HEINZ E CGORDES KAREN V 233 W MAIN ST ASPEN CO 81611-
2735-123-14-007 R005076 FAGANPAULL 910 W HALLAM ST #10 ASPEN CO
2735-121-14-004 R001485 GOLDSM1THBETHH 504NSTHST ASPEN CO 51611-
2735-123-04-002 R000544 JONES EARL HULL MIKE 834WHALLAM ASPEN CO 81611-
2735-122-82-004 R012275 KELTNI~DONALDH KELTNERVIRGINIAP 916 W SMUGGLER ST ASPEN ~O 31611-712
2735-123-10-002 R012683 LEE DANIEL R LEE KAREN K 95 BRENTWGOD DR GLENCOE ~ 50022-
2735-122-20-002 R008788 LOUDHMONTGOMERY &PAULA PO BOX 11660 ASPEN CO 81612-
2735-123-41-001 R009667 MADSEN GEORGE W JR MAD~EN CORNELIA G 931 W FRANCIS ST ASPEN CO 31611-
2735-123-00-851 R014265 MAINTENANCESHOP CITY OF ASPEN 530E. MAINST. ASPEN, ~O 31611-
2735-122-70-004 R009959 MASS ANN 400WMAIN, STE200 ASPEN CO 31611-
2735-122-82-003 R012276 NEWMAN JOEL 355 OCEAN BLVD GOLDEN ~CH FL 33160-
2735-123-14-001 R004648 PATERSON CARPdE E ECKART CHARLES F - TENANTS IN C PO BOX 11675 ASPEN CO 81612-
2735-123-14-706 R004996 PETROCCOJANTHONY 910WHALLAM#11 ASPEN CO 31611-310
2735-123-14-009 RC~5204 SANCI-IEZANDYL SANCHY~ZMICI-IELLEMAI~S PO BOX 1801 ASPEN CO g1612-
2735-122-11-002 R005068 SCI-YtJHMACHERJOHNJR SCHUHMACHERMARIANNEH POBOX3528 ASPEN CO 81612-
2735-123-00-013 R005254 SHARP DESIGNS INCORPORATED A COLORADO CORPORATION PO BOX 8630 ASPEN CO 51612-
2735-123-03-003 R005094 SKIFF KATIE 920 W HALLAM ST ASPEN CO
2735-122-05-001 R005531 STARODOJ BETSY HARNETT STARODOJ THOMAS S II PO BOX 2298 ASPEN CO g1612-
2735-123-03-001 R004901 TALENFELDEtJZ~BETHG 915 W FRANCIS ST ASPEN CO 51611-
2735-123-14-002 R004750 TERRELL TROY It PO BOX 10725 ASPEN CO 81612-
2735-123-14-010 R005144 TOTHMICHAEL O BOX 1274 ASPEN CO 81611-
2735-124-28-851 R014740 UNITED STATES FOREST SERVICE ***************************~****~***** ***********~******"******************** ************~************************~* ** ******~**
2735-122-12-001 R005186 VANDEMOERHH1/61NT 1755 MONACO PKWY DENVER CO 50220-
2735-122-12-418 R005187 VANDI~IOER, H. FL1/61NT. VANDEMOER, MARIONM. 5/121NT. 1755MONACOPARKWAY DENVER, CO 80220-
2735-123-02-002 R005492 VINCI RONALD C 7291 W MISSION HILLS DR LAS VEGAS NV 89113-
2735-123-10-001 R012682 ZUCKERMAN NORBERTA TRUST ZUCKERMAN HELEN LIVING TRUST 280 DAINES STE202 BIRMINGHAM ~a 48009-
DRAFT
MEMORANDUM
To: Mitch Haas, Hanner
Thin: Nick Adeh, City Engineer
From: Chuck Roth, Project Engineer
Date: October 8, 1997
Re: Hower Lot Split and GMQS Exemption (Running Bear Lot Split)
The Development Review Committee has reviewed the above referenced application at their
September 17, 1997 meeting, and we have the following comments:
1. Imorovement Survey - The application did not include an improvement survey, and it is a
requirement to include in the application packet a document that is specifically rifled "improvement
survey" and that is wet signed and .stamped by a surveyor registered to practice in Colorado. The
date must be within the past 12 months. The survey identifies items of concem such as easements,
which relate to FAR and building locations, and encroachments in the public fight-of-way.
2. Sidewalk, Curb and Gutter - The site is located in the West End where sidewalks are
excluded from being built at this time. However the "Pedestrian Walkway and Bikeway System
Plan" does indicate that there should be pedestrian usable space off of the street surface. Therefore,
the lot split plat needs to indicate a five foot wide pedestrian usable space located 7.5' from the
property line and with a five foot buffer for snow storage.
The site lacks curb and gutter. The applicant needs to sign a sidewalk, curb and gutter
construction agreement, and pay recording fees, prior to issuance of a certificate of occupancy for
new construction.
3. Site Drainalte - The site development needs to meet the requirement of ranoff design standards
of the Land Use Code at Sec. 26.88.040.C.4.f, and the building permit applications for each parcel
will have to include a drainage report, signed and stamped by an engineer registered in the State of
Colorado, submitted as part of the building and site plan (24"x36" size plan sheet or on the lot
grading plan).
4. Utilities - Separate utility services will be required for each lot.
5. Parks Denartment - The applicant needs to consult with the Parks Department to determine if a
tree permit is required.
6. Fire Marshal - The Fire Marshal will need to review building permit drawings when they are
submitted. If the living area is greater than 5,000 square feet, fire protection sprinkler systems will
be required.
7. Work in the Public Ril!ht-of-wav - Given the continuous problems of unapproved work and
development in public rights-of-way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920~5080) for design of
improvements, including landscaping, within public rights-of-way, parks department (920-5120)
for vegetation species and for public trail disturbance, and streets department (920-5130) for
mailboxes, street and alley cuts, and shall obtain permits for any work or development, including
landscaping, within public rights-of-way from the city community development department.
M97.137
2
I