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HomeMy WebLinkAboutcoa.lu.ex.Wogan/Jacobson.1981 r - U ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 LAND USE APPLICATION FEES County 00100 - 63711 09009 - 00000 63712 63713 63714 63715 63716 63717 City 00100 - 63721 09009 - 00000 63722 63723 63724 63725 63726 PLANNING OFFICE SALES 00100 - 63061 09009 - 00000 63062 63063 Subdivision!PUD Special Review P&Z Review Only Detailed Review Final Plat Special Approval Specially Assigned Conceptual Application Preliminary Application Final Application Exemption Rezoning Conditional Use I. County Land Use Sales GMP Sales Almanac Sales Copy Fees Other Name: I', "141 I -,' /.lfrf/ /1)# ~ *,'a -. P:oject: II Ir. l I iJI J{ ;/(( </ (' Phone: ~ If Address: DJ ,c, r Check No. /110<. I'\" "- f c . I s /IIIi ". I jl.pl Date: ..., .,J, Receipt No. P - _ J MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Alan Richman, Planning Office RE: Wogan/Jacobson Subdivision DATE: April 6, 1981 At your meeting of March 17, 1981 you recommended approval of the applicant's request for subdivision exception for the purposes of adjusting the lot line between Lots 16 and 17 of the WPW Joint Venture Subdivision. Following your review, but prior to review by City Council, the Engineering Department deter- mined that a previous land transaction between the owner of Lot 16 and the Aspen Center for Environmental Studies (ACES) involving the rear lot line of Lot 16 had been recorded but had not been submitted to the City for approval as a subdivision of land. Therefore, the applicant is re-submitting this re- quest to you to include both the rear and side lot line adjustment~ described abov~ as one subdivision exception application. To refresh your memory, the proposed lot line adjustments are being requested for "aestheti c" and pri vacy reasons and in no way affect the abil i ty to deve 1 op either of the subject properties. Prior to, as well as subsequent to the pro- posed changes, both lots do meet underlying area and bulk requirements. The Planning Office. would therefore recommend that you approve the applicant's re- quest subject to the same conditions contained in your previous recommendations: 1) That the plat be redrawn prior to review by City County to correct the errors found by the Engineering Department; and 2) That both parties agree to join in an improvement district for curb, gutter and sidewalk if such a district is formed. . ", LAW OFFICES AUSTIN MCGRATH & .JORDAN 600 EAST HOPKINS AVENUE SUITE 205 RONALD Q. AUSTIN J. NICHOLAS MCGRATH, .JR. WI LLlAM R. JORDAN m ASPEN, COLORADO 81611 April 2, 1981 AREA CODE 303 TELEPHONE 925-2601 8. LEE SCHUMACHER Planning and Zoning Commission City of Aspen 130 South Galena Street Aspen, CO 81611 Mr. Allan Richman Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, CO 81611 Re: Wogan/Jacobson Subdivision Exemption Supplementary Application Ladies and Gentlemen: You approved the lot line change between Lots 16 and 17 on March 17. However, we requested the application be tabled at City Council in order for us to prepare this supplementary application concerning the rear lot lines of the two lots, as Lou Buettner had found an error in our plat. This supplementary application is to increase the rear lot lines slightly, as shown on the plat delivered to the Planning Office and Mr. Buettner. The background is simple: Mr. Wogan paid ACES some approximately $12,000 in 1979 and ACES conveyed him approximately 1,244 square feet at the rear of Lots 16 and 17. A copy of the deed is attached. A local surveyor had prepared a beginning draft of a lot line change document for the addition of that square footage at the rear but it was not recorded (nor was it in recordable form). Lou rightly discovered that defect and brought it to our attention. This slight increase in the sizes of Lots 16 and 17 by the revision in the rear lot line does not change possible uses or densities. earlier. Our apologies for not finding the record defect Sincerely, AUSTIN, McGRATH & JORDAN IN!1j r/dw Enclosure cc: Mr. Lou Buettner Paul Taddune, Esq. ByjJ~ Ut~ J. N1cholas McGrath, Jr. \ \J .~/' ~\;, I' ;N'CENTER 1 V,:ji..je addr~ss is FOR ENVIEONI-JENTAL STUDIES P.O. p. . 8777, Aspen, Co. 81611 countyl. pitkin . ,andStateof \. ~~~ 38z'H;~:~'26~T . Colorado ,for the consideration of Ten Dollars and other valuable considerations lJ01~l(~in hand paid, STATE UDCU~mr.m fEE JAN 1 71980 hereby sell(s) and quit cIaim(s) to \'IP\'I JOINT VENTURE 0"/ . S......=.............................. whose mldress is 600 South 'Cherry, Denver, Colorado 80222 County of ,and State of Colorado. ,the followillJ.: real property, in the County of pitkin ,and State ofColorauo. to wit: A parcel of land being part of the NE 1/4 of the SE 1/4 of Section 12, TO\vnship 10 South, Ranch 85 \'lest of the 6th Principal Meridian. Said parcel is more fully described as follows: Beginning at the most Northerly Corner of Lot 16 as shown on the Shaw, W.P.W. Subdivision Exemption Plat as recorded in the Office of the Pitkin County Clerk and Recorder; thence N 44034'17' E, 11.96 feet; thence S 54047'12" E, 87.52 feet to a point on the Northerly line of Lot 17 as shown at said Subdivision Exemption Plat; thence S 79006'33" \'I, 22.52 feet to the most Easterly corner of said Lot 16; thence 74.12 feet along a curve to the right having a radius of 358.05 feet.cthe chord of which bears N 51021'33" \'l, 73.99 feet) to the point of beginning. Said parcel contains 1,244 square feet more or less. also known as street arid nUlnber with aU its appurtenances Signed this 1~+'1t. day of ~ U/lu.. .19/ q ASPEN CENTER FOR ENVIRONMENTAL STUDIES----- ATTEST: 2---~-d'- - ~d~. '~ 7;)~~ -- ~~ 3 _ VJ~JJ11L STATE OF COLORADO, }ss. County of Pitkin The fores:;:oillg' instrument was acknowledged before me this -I-S-V.{ day ()f'i"f--,.t.-(t~;LA.- L / ,19 79 ,by "7J<.-A. ~ C",( AI. .\' (, L_'-/ for ASPEN CENTER FOR ENVIRONrlENTAI, STUDIES . - / / .-- "'3 II / cc J' .2.. My commission expires ~c..u<_)'<.~. ~L - / Witness my hand and official seal I Ii 'I I: I' '1 Ii "ill"'II'"" .: ~::~;~:~ :.'.:. . ;;;~"" .- .'<..... " ..:.~ ) {.') ~. ~ ..'~ Y :J . (. . -.' i~'~ ,..') : '!_~ . ~ ~:. p-? ~ .~~ :',~.~ 'p ...... .' __ I,~ . fJ. 1- \~(~.~ ~.-...,'.. ". {~...-. '.. .....,..,. (' ;,(~.. ..... ".';, . l..... II:I"/ltl'" L/J . ,/ . . L/' /' . _..f__t.-L Y.,c.L t. .e~if..L..~<-'-'---.ILL"'" :.:..t:lr~' I'll I.!!.:. t'(). S!l~t flUIT <:1..\1;\1 !Ji-;t:l)-Sh..rl Curm_nr'"1f')r,ll.ul>li~"ill~Cu.. ,:-:~~..tliSt"ll! l"lr,','l. P..'I",'r.l"":..r,,,f,,t.:O;:t;.l.I! II -9.';ti tJo'(Wv J~ .:1 .,_..__.~..____.___ '.-oc"_..__._.'___~__'__"'_" .,......._,.. .,.--.--' - .. - - .'~ -~ .. .----.----,.--. --.--'~~"-'--'''7'l'''';":'\'.'''''-''-'-:;~,.. -----~----..-..-------~..__... "'s." -~ - " I: L .: ,. "j ., j: , " ,! ., :! " :, " !, oJ :1 'i :j ;1 !; " Ii 'I ;, Ii " ., ~ ! U .; :i 11 ,. I . I :, :! ,i " ;! :, ~i :i 'I " !i " .' :i ,I :: -:1 ., ,. :' :: " , \>,. I i t . I , , I r"OHNSON-WNGFEllOW oncl ASSOClAT~ SURVEYORS - ENGINEERS A~pen - Snowmon-aI.Aspen P. O. Box 5547 - Wed Villoge Annex Aspenl Colorodo 81611 (303) 913-3496 I f , LOT 16 SHAW, W.P. W. ISION LOT 17 EXEMPo}! seAL E IUs 30' JI.uaust 3, 1978 A parcel of land beina part of the N.E. 1/4 of the S.E. 1/4 of Section 12, Township 10 South, Range 85 \'lest of the 6th Principal Meridian. Said parcel is more fully described as follows: Beginning at the most Northerly Corner of Lot 16 as shown on the Shaw, W.P.W. Subdivision Exemption Plat as recorded in the Office of the pitkin County Clerk and Recorder; thence N 44034'17" E, 11.96 feet; thence S 54047'12" E, 87.52 feet to a point on the Northerly line of Lot 17 as shown at said Subdivision Exemption Plat; thence S 79006'33" W, 22.52 feet to the most Easterly corner of said Lot 16; thence 74.12 feet along a curve to the right having a radius of 358.05 feet (the chord of which bears N 51021'33" Ii, 73.99 feet) to the point of beginning. Said parcel contains 1,244 square feet more or less. ~ .Tnh JI 1l0-111() ,",' .... ",,", MEMORANDUM TO: Aspen City Council FROM: Alan Richman, Planning Office RE: Wogan/Jacobsen Subdivision Exception DATE: March 18, 1981 Location: Zoning: Lot Size: Applicant's Request: Planning Office Review: Engineering Department's Comments: Lots 16 and 17, Shaw and WPW Subdivisions, near Hallam Lake) R-6 Res i denti a 1 Lot 16 has a total area of 12,136 square feet, while Lot 17 has a total area of 11,885 square feet. The applicant is requesting a subdivision exception for the purposes of adjusting a lot line. Specifically, the appli- cant is requesting approval to add 626 square feet to the front of Lot 17 in exchange for adding 623 square feet to the rear of Lot 16. The applicant claims that the primary reason for the exchange is aesthetic. The land trade will allow the owner of Lot 17 to have a front lot width of 77 feet, rather than the 60 foot minimum provided in the Code, making for a less crowded look on Lake Avenue. The owner of Lot 16 would prefer to have additional rear yard space which will result from the lot line adjustment. Both lots are well in excess of the required minimum lot size in the R-6 zone, and the proposed lot line adjustment would not affect either lot in this regard. The adjust- ment at the front yard would still leave both lots with a front lot width in excess of 60 feet, the minimum require- ment of the zone. The lot line adjustment does appear, though, to have bearing on another application being pro- cessed to incorporate the existing unit on Lot 17 as part of a proposed condominiumlzed duplex. The Planning Office review of these two concurrent proposals does not indicate that by approving this lot line adjustment, any change in the right to develop either lot will be created. Several inconsistencies found in the condominiumization application lead the Planning Office to suspect that there is a motive to this lot line adjustment which is not apparent from the materials provided for review purposes. Nevertheless, since the lot line adjustment does not appear to injure any property owners in the area, the Acting City Attorney and the Planning Office concur in recommending approval of the applicant's request. The Engineering Department recommends approval of the appli- cant's request for lot line adjustment subject to the follow- i ng condi ti ons : 1. that the plat be drawn to the requirements of Section 20-15 of the Code "Final Plat - Contents" and be titled "Shaw and W.P.W. Subdivision, Revision For Lots 16 and 17", said revisions to be made prior to review of this application by City Council; and 2. that both parties agree to join in an improvement district for curb, gutter and sidewalk if such a dis- trict is formed. Planning Office The Planning Office recommends approval of the applicant's Recommendation: request for subdivision exception for the purposes of lot line a~justment subject to the following conditions: Cs bd' ,. E t' Memo: Wogan/Jacobsen u lV1Slon xcep 10n Page Two March 11, 1981 "", ....,~ 1. that the plat be drawn to the requirements of Section 20-15 of the Code "Final Plat - Contents" and be titled "Shaw and W.P.W. Subdivision, Revision for Lots 16 and 17", said revisions to be made prior to review of this application by City Council; and 2. that both parties agree to join in an improvement district for curb, gutter and sidewalk if such a district is formed. Council Action: At its regular meeting of March 17, 1981, the Aspen Planning and Zoning Commission concurred with the Planning Office recommendation to approve the applicant's request for subdivision exception subject to the two conditions listed above. In response to these conditions, the applicant has submitted a revised plat corresponding to the require- ments of the Engineering Department. If Council should agree with the Planning Office and P & Z, the appropriate motion is as follows: P & Z Action: "I move to approve subdivision exception for the Wogan/Jacobsen Subdivision for the purposes of lot line adjustment subject to the following conditions: 1. That both parties agree to join in an improve- ment district for curb. gutter and sidewalk if such a district is formed." .....'..,.~. '''''.J LAW OFFICES AUSTIN MCGRATH & .JORDAN 600 EAST HOPKINS AVENUE SUITE 205 RONALD O. AUSTI N J. NICHOLAS MCGRATH, JR. WILLIAM R. JORDAN ill ASPEN, COLORADO alSIl B. LEE SCHUMACHER February 12, 1981 AREA CODE 303 TELEPHONE 925-2601 Aspen/Pitkin County Planning Office 130 S. Galena Aspen, CO 81611 .[1 r:. .i.. r;-;-1';~"1f . 1.1 . ~ "Ie ".. . 'J' rEB J "', , L.-J~~'_'_'_'_ '_.'<.. '\-i ASPEr\1 I' ;" 'I ' '1\, ' ,. "'. " PlAt',i"",""" :'cr,," ......... ....~, , iL'"" ~'~.~ ., 1(":--'1 ,,-...j ; ....J Re: Subdivision Exception, Exemption, or Lot Line Change Application Ladies and Gentlemen: We represent Jack and Jackie Wogan, who own Lot 16, and the Wogans and Carol Ann Jacobson, who own Lot 17, each lot according to the Shaw and the WPW Subdivision Exemption Plat. Lot 16 and Lot 17 desire to exchange approximately 625 square feet at the front of Lot 16 at the rear of Lot 17. They need either plat approval or subdivision exemption or exception or lot line change approval from the city; hence this application. It appears that there are special reasons for the exchange (the parties desire it principally for aesthetic reasons), that no detriment to the public welfare or injury to other property will occur by reason of the exchange, and that such a division is not within the intent and purposes of the subdivision chapter. The facts are as follows: Lot 16 and Lot 17, according to the Shaw and WPW Subdivision Exemptions Plat, are located on Lake Avenue and also border on the Hallam Lake Preserve. Jack and Jackie built their own home and reside on Lot 16. Lot 17 has a single family dwelling on it, which by agreement from prior land use approvals is subject to the Historic Preservation Committee's review for any remodeling changes. The Wogans and Carol Ann Jacobson jointly own Lot 17. They would like to increase the front lot line of Lot 17 from the minimum requirement of 60 feet to approximately 77 feet which makes for additional space and a less crowded look along Lake Avenue. In addition Jack and Jackie " .....'" AUSTIN MCGRATH & JORDAN Aspen/Pitkin County Planning Office February 12, 1981 Page 2 desire a bit more additional space at the rear of their lot for their own home on Lot 16. The easiest way to effect the exchange is to trade approximately 625 square feet at the front and rear of each lot as outlined on the attached map. Each lot is well in excess of the minimum lot area in the zone category applicable to the property. Each lot meets all of the city requirements for front lot line widths and size and the exchange of the approximately 625 square feet would not affect the side yard setbacks to improvements on either lot. The exchange at the rear would not affect the adjoining property, administered by ACES, since the Wogans resolved the rear lot line issue with ACES some years ago. Our clients ask for Planning and Zoning's favorable recommendation and City Council's approval for this minor exchange. A draft of a proposed new plat sheet accompanies this application. Sincerely, AUSTIN, McGRATH & JORDAN By JlW.J..l.l'~ J. Nicholas McGrath, Jr. JNMjr/dw Enclosure cc: City Engineering Dept. , .,-.. '- - '-" MEMORANDUM C _:: ~J TO: Alan Richman, Planning Office L;\ MAR 111981 Louis Buettner, Engineering Departme~~ ":~~~ March 10, 1981 :\ i\ ',....,j FROM: DATE: RE: Wogan/Jacobsen Subdivision Exception Lot Line Adjustment After having reviewed the survey plat, and having made a site inspection, the Engineering Department finds the following: This is a revision to Shaw and the W.P.W. Subdivision for Lots 16 and 17. The plat is not in a form for recording and will need to be changed. The plat should be drawn to the requirements of Section 20-15 titled "Final Plat - Contents". The title for this plat should be Shaw and W.P.W. Subdivision, revision for Lots 16 and 17. The Engineering Department requests that both parties join in improvement agreements to construct curb, gutter, and sidewalks if an improvement district is formed.