HomeMy WebLinkAboutcoa.lu.ex.Goldsbury/Weinberg Lot A Lot Split 1996
AspenlPitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
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City Land Use Application Fees:
00113-63850-041 Deposit
-63855-042 Flat Fee
-63860-043 IIPe
-63885-268 Publ,c Right-of-Way
-63075-046 Zoning & Sign Permit
MRO 11 Use Tax
County Land Use Application Fees:
00113-63300-033 Deposit
-63805-034 Flat Fee
-6387.0-037 Zon ing
-63825-038 Board of Adjustment
Referral Fees:
OO! 13-63810-035
00115-63340-163
00123-63340-190
00125-63340-205
00113-63815-036
County Engineer
City Engineer
Housing
Environmental Health
County Clerk
Sales:
00113-63830-039
-69000-145
County Code
Copy Fees
Other
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Address;
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Phone;
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MEMORANDUM
TO: Stan Clauson, Community Development Director
APPROVEu
FROM:
Suzanne Wolff
t1UG 021996
RE:
GOMMUNITv DI::V~lL,;M!:NT Dlhev I UK
Goldsbury/Weinberg Subdivision Exemption for a Lot Lin~l\~t
DATE:
July 31,1996
REQUEST: The applicants are requesting approval of a Lot Line Adjustment to accommodate
the placement of utilities on the Goldsbury property. The application is attached as Exhibit A.
APPLICANTS: Christopher Goldsbury & Jay Weinberg
REPRESENTATIVE: Brooke Peterson
LOCATION: Lot A, Ben Deane Lot Split (700 Sneaky Lane) and Lots I & 2, Westview Lot
Split (Meadows Road)
ZONING: R-30/PUD (Ben Deane Lot Split) & R-15 (Westview Lot Split)
BACKGROUND: The Ben Deane Lot Split plat was recorded October 1,1984, in Plat Book 16
at Page 57. The Westview Lot Split plat was recorded June 2, 1994, in Plat Book 34 at Page 64.
REFERRAL COMMENTS: Comments from the City Engineering and Parks Departments are
attached as Exhibit B.
Engineering is currently reviewing the building permit application for Mr. Goldsbury, and had
noted that the site plan did not provide an adequate area for fire engine turn around. The lot line
adjustment will provide additional area on the Goldsbury parcel to accommodate an adequate
turn around area. The plat shall be amended as noted in Engineering's referral memo.
~ has requested that Mr. Goldsbury and Mr. Weinberg work with the Parks Department to
establish a trail alignment, possibly along the sewer easement on the Westview lots. A trail
easement was granted to the City as part of the approval ofthe Ben Deane Lot Split; however,
staff has determined that this alignment is problematic and would like to work with the owners to
establish an appropriate alignment.
STAFF COMMENTS: Section 26.88.030(A)(I) allows the Community Development Director
to approve an adjustment of a lot line between contiguous lots if all of the following conditions
are met:
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1. It is demonstrated that the request is to correct an engineering or survey error in a
recorded plat or is to permit an insubstantial boundary change between adjacent parcels.
Response: The adjustment constitutes an insubstantial boundary change, which will allow Mr.
Goldsbury to locate utilities on-site and to provide an adequate turn around area for fire engines.
The square footage of the Goldsbury lot will not be affected by the adjustment; Lot I, Westview,
will decrease by 1,602 square feet, and Lot 2, Westview, will increase by 1,602 square feet. All
three lots will still be conforming with respect to size in their respective zone districts.
2. All landowners whose lot lines are being adjusted shall provide written consent to the
application; and
Response: Written consent from both applicants is included with Exhibit A.
3. It is demonstrated that the request is to address a specific hardship; and
Response: Planning Commission Resolution No. 95-22, which approved the Goldsbury
accessory dwelling unit, stipulates that "the 24' access and utility easement may not be used for
new surface utility needs." Due to the location of the lot adjacent to Castle Creek and the
constraints of the existing ponds on the property, the parcel being conveyed to the Goldsbury lot
is the most reasonable and least impactive location for additional utilities. Resolution No. 95-22
is attached as Exhibit C.
4. 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; and
Response: As noted above, all lots will remain conforming in their respective zone districts.
The plat shall be amended as required by the Engineering Department prior to recording.
5. It is demonstrated that the lot line adjustment will not affict the development rights or
permitted density of the affected lots by providing the opportunity to create a new lot for resale
or development.
Response: No new lots will be created by the adjustment, nor will the development rights or
permitted density of the lots be affected.
RECOMMENDATION: Staff recommends approval of the request for a subdivision
exemption for a lot line adjustment between Lot A, Ben Deane Lot Split and Lots I & 2,
Westview Lot Split, subject to the following conditions:
I. The plat shall be signed and recorded within 180 days from the date of this approval, or
prior to issuance of a certificate of occupancy for the Goldsbury residence, whichever
occurs first, otherwise the approval shall be rendered null and void. The plat shall be
2
submitted for review and acceptance by the Engineering and Community Development
staff prior to recording and shall be revised as follows:
· Include all survey monuments; 100 year floodplain line; mean high water line; all
improvements on the properties; driveway and utility easement on Lot B
benefitting Lot A, Ben Deane Lot Split; access and water line easements on Lot I,
Westview Lot Split; recording information for the sewer easement and the fishing
and hiking easement; basis of bearings; adjacent subdivisions; and zone districts.
· Delete the City Council approval certificate.
2. The applicants shall work with the Parks Department to establish a new trail alignment,
possibly along the sewer easement on the Westview lots.
3. All representations made in this application shall be adhered to as conditions of approval.
I hereby approve the Subdivision Exemption for a Lot Line Adjustment between Lot A, Ben
Deane Lot Split and Lots I & 2, Westview Lot Split, subject to the conditions noted above.
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Stan Clauson, Community Development Director
Date
Attachments:
A. Application
B. Referral Comments
C. Planning Commission Resolution No. 95-22
D. Lot Line Adjustment Plat
3
MEMORANDUM
To:
Suzanne Wolff, Planner
Thru:
Nick Adeh, City ~ngi~
Chuck Roth, Engmeenng Department 0tZ
From:
Date:
July 26,1996
Re:
Goldsbury/Weinberg Lot Line Adjustment
(Between Lot A, Ben Deane Lot Split and Lots I & 2, Westview Lot Split)
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
I. The lot line adjustment is additionally beneficial to the Mr. Goldsbury because the property is
subject to a building permit application which is currently being reviewed. Fire engine access was
a concern, and the addition of Parcel B to the Goldsbury parcel increases the area available for fire
engine turn around.
2. There are many plat contents per state and city requirements which are incomplete and which
must be completed prior to signing the [mal plat: all survey monuments; 100-year floodplain line;
mean high water line; all improvements on both properties; driveway and utility easement on Lot B
benefiting Lot A, Ben Deane Lot Split; access and water line easements on Lot I, Westview Lot
Split; sewer easement book and page recording information; fishing and hiking easement book and
page recording information; basis of bearings; adjacent subdivisions; and zone district. Delete the
Council approval certificate.
3. The final plat must be recorded prior to issuance of the certificate of occupancy for the
Goldsbury residence.
4. At the development review committee meeting, the Parks Department requested that the sewer
easement be expanded to include pedestrian use.
M96.44
I
September 17,1996
III
ASPEN. PITKIN
COM\.!VNITY DEVELOPMENT DEPARTMENT
Brooke Peterson.
Kaufman & Peterson
315 E. Hyman Ave.
Aspen, CO 81611
Re: Goldsbury/Weinberg Lot Line Adjustment
Dear Brooke:
In confirmation of your letter dated September 16, 1996, after the lot line adjustment, Lots I and
2 of the Westview Lot Split will not be subject to the obligations associated with the Ben Deane
Lot Split, and Lots A ana B of the Ben Deane Lot Split will not be subject to the obligations
associated with the Westview Lot Split.
Please let me know if! can provide any further assistance.
Sincerely,
'iuJ~MJ~
Suzanne Wolff
Planner
130 SOL.TH GALE:\A STREET ' AsrE~, COLORADO 81611- ]975 . PHONE 970.920.5090 . FAX 970.920.5439
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BROOKE A. PETERSON
GIDEON l. KAUFMAN.
LAW OFFICES OF
KAUFMAN & PETERSON, P.c.
HAL S. DlSHLERH
315 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
TELEPHONE
(970) 925-8166
FACSIMILE
(970) 925-1090
OF COUNSEL:
ERIN L FERNANOEZ-
VIA HAND DELIVERY
. ALSO ADMITTED IN MARYLAND
- AlSOAOMTTTEDlNflORIDA
... ALSOADMITTEOINTEXAS
September 16, 1996
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SEP 1 7 b:JO
Ms. Suzanne L. Wolff
Aspen/Pitkin Community Development Office
130 South Galena Street
Aspen, Colorado 81611
---------...--
Re: GoldsburvlWeinberl! Lot Line Adiustment
Dear Suzanne:
In my transmittal of the revised Plat this morning, I forgot to ask that you assist me with one
other aspect of this matter. Mr. Weinberg has asked for confirmation of my understanding that
Lots I and 2 of the Westview Lots, after the lot line adjustment, will not be subject to any of the
obligations associated with the Ben Deane Lot Split, and also for confirmation that Lots A and B of
the Ben Deane Lot Split, will not be subject to the obligations associated with the Westview Lot
Split. I would appreciate it if you would confirm my understanding of the respective obligations
affecting each lot after the lot line adjustments.
Thank you very much for your time and attention to this matter and for your help in getting
this matter finished.
Yours very truly,
~
KAUFMAN & PETERSO
A Professio Corporaf n
BAP/ljk
cc: Cesare Salandra (via facsimile)
Millard Zimet, Esq. (via facsimile)
letten\p1an-wol.
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September 9, 1996
II
AsPEN . PITKIN
COMMUNITY DEVELOPMENT DEPARThtENT
Brooke Peterson.
Kaufman & Peterson
315 E. Hyman Ave.
Aspen, CO 81611
Re: Goldsbury/Weinberg Lot Line Adjustment
Dear Brooke:
The Lot Line Adjustment approved on August 2, 1996, by Stan Clauson, Community
Development Director, does not require the applicants to realign the trail, but recommends that
the applicants work with'the Parks Department in an effort to determine if a different trail
alignment might be acceptable to the applicants. I hope this clarifies the condition of approval.
Please let me know if I can provide any further assistance.
Sincerely,
~ct~
Suzanne Wolff
Planner
130 SoUTH GALENA STREET' ASPEN, COLORAOO 81611.1975 . PHONE 970.920.5090 . FAX 970.920.5439
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AUG I 4 1996
BROOKE A. PETERSON
GIDEON I. KAUFMAN-
LAW OFFICES OF
KAUFMAN & PETERSON, P.C.
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HAl S. D1SHLER"
315 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
HONE
(970) 92Sc8166
FACSIMilE
(970) 925-1090
OF COUNSEL:
ERtN L. FERNANDEZ-
. AlSO ADMITTED IN MARYlAND
.. ALSO ADMITTEO IN FlOflIDA
- ALSO ADMITTED IN TEXAS
VIA HAND DELIVERY
August 13, 1996
Ms. Suzanne L Wolff
Administrative Assistant
Aspen/Pitkin Community Development Office
130 South Galena Street
Aspen, Colorado 81611
Re: GoldsburvlWeinbel1!: Lot Line Adiustment
Dear Suzanne:
Please allow this letter to serve as confirmation of my understanding that the realignment of
the trail on the Goldsbury property is not a condition precedent to the approval of the lot line
adjustment with the Weinberg property. As we discussed, I have been working with George
Robinson and John Krueger to discuss the possibilities of realigning the trail but, at this time, no
agreement has been reached nor have any promises been made to realign the trail from its existing
alignment along the Roaring Fork River.
As you undoubtedly know, Mr. Goldsbury is extremely concerned about security and about
the propriety of placing a trail easement any closer to either his house or any of his neighbors' houses.
If my understanding is incorrect in any fashion, please contact me immediately. Thank you
very much for your time and attention to this matter.
Yours very truly,
BAP/ljk
cc: Christopher Goldsbury
Cesare Salandra
David Hoefer, Esq.
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BROOKE A. PETERSON
GIDEON I. KAUFMAN*
ERIN L. FERNANDEZ"
LAW OFFICES OF
KAUFMAN & PETERSON, P.C.
HAL S. DISHLER ..*
315 EAST KYMAN AVENUE
ASPEN, COLORADO 81611
TELEPHONE
(970) 925-8166
FACSIMILE
(970) 925-1090
. ALSO ADMITTED IN MARYlNID
.. ALSO ADMIITED IN FlORIDA
... ALSO ADMIITED IN TEXAS
VIA HAND DELIVERY
July 3, 1996
Mr. David Michaelson
Aspen/Pitkin Community
Development Department
city of Aspen
130 South Galena Street
Aspen, Colorado 81611
Re: Lot Line Adjustment/Goldsbury/Weinberg
Dear David:
You may recall our discussion earlier this year regarding the
adjustment of the lot lines between Lot A of the Ben Deane "Lot
Split" Subdivision ("Goldsbury Property") and Lot 1 and Lot 2 of the
westview Lot Split ("Weinberg Property"). I am enclosing herewith
a draft of a plat for this lot line adjustment. It is submitted
that this adjustment meets the criteria as set forth in Section
26.88.030 of the Aspen Municipal Code as follows:
This adjustment is being requested in order to permit an
insubstantial boundary change between three adjacent parcels. In
fact, as the map demonstrates the net result of the proposed
transaction will be that no additional square footage will be added
to Lot A of the Ben Deane "Lot Split" Subdivision, 1,602 square feet
will be subtracted for Lot 1, westview Lot Split, and 1,602 square
feet will be added to Lot 2, Westview Lot Split.
I am enclosing Attachment 1, Land Use Application Form, which
has been completed and contains your pencilled notations as we
previously discussed.
You will also find enclosed the written consents of the lot
owners whose lot lines are being adjusted with respect to this
adjustment. I have also enclosed copies of recently issued title
insurance information showing that the properties are titled in the
names of the owners whose consents are enclosed. Hopefully, this
information will be sufficient in lieu of the copies of the deeds
you requested. If you absolutely need to have copies of the deeds
themselves, let me know.
,
/ .
./
, -
Mr. David Michaelson
July 3, 1996
Page 2
This request is being made in order to accommodate the
placement of utilities on the Goldsbury Property, and in order to
allow property from the Weinberg Property which is topographically
separated from the remainder of the Weinberg Property to be added
to the Goldsbury Property and vice versa. As section 26.88.030
requires, the plat of this lot line adjustment will be prepared in
accordance with the requirements of the City of Aspen Municipal
Code.
With respect to the development rights upon the properties,
the net effect of the lot line adjustments is that the allowable
square footage on the Weinberg Property will be slightly readjusted
between Lots 1 and 2, Westview Lot Split, and the development
rights on the Goldsbury Property will remain the same.
As I stated, I am enclosing herewith a draft of the plat for
your review and consideration, and I solicit your comments as soon
as possible. I am also enclosing herewith the written consent of
both lot owners to this matter and the application fee of $555.00.
Please feel free to contact me if you
information with respect to this application.
for your time and attention to this matter.
need any additional
Thank you very much
Yours very truly,
BAP/ljk
Enclosures
cc: Christopher Goldsbury
Millard Zimet, Esq.
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55 N.S. 1,t s~re.t
Ki~, PL 331~~
""tIte 28, 1995
Cit.y of ASfen And J'itld.n C:u'Ul\ty J')..annillg p.p.:rt.lIlent
130 South Galena strlOR
A"[Ion, CO 81611
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~.t ~t T.i 11- Ac:I-w.,~ment ~DHC8t.icn
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'J!he \'In~r8i9nec1 1, ttl. '1';uat.. of '1'tae Jay N. weil1~.iI!9 w;r;ust
(tAu "Trulit"). 'JIbe Trust is t.~. cnmer of Lot 1 and Lot 2, weutvLliIw
LQ~ Split, City of A,peftJ accDrdiag tc t~. flat thereof recc~~.d.
~n. :l, 1994 in pbt Bool'O 34 at Page 64. It 10 my uJl.deru'",,,.,.,,.,.tFi
tha~ Ctl~~.t.Qph"r ?old.buJ:Y, 11:., t.he OWJI.~. 01 the Jlcl.\Jl:"';:11"!.;:..
parc:el, .1.. prepanllCi to fUe a lot line ad:Ju15uent a~plivt;t.l..I-';'
lnvalvinq au;!; ~.sp.otivliI pr,ope:tie.. Plea.. aooept this l.etter "IJ
authorizatlon f~om tb~ TrUat tQ p~O~$.d with y~ ~uview of this
appli~atlon, and .a ~h. W~lI.~I. ~e~,t ~~.t you .~~~ov~ ~f this
&pplioation.
If )"OU have any qu..tiqns regarding tbe fO~"CJOin9' ple<ls8
~ontl\Qt. t.he '.t':w.at'. ".pen .ttfn11ey, Millard zimet, Ill;. 925.8700.
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MESSAGE DISPLAY
TO
Suzanne Wolff
cc
Trails
From: Rebecca Schickling
Postmark: Jul 29,96 8:23 AM
Status: Previously read
Subject: Reply to: Goldsbury lot line adjustment
------------------------------------------------------------------------------
Reply text:
From Rebecca Schickling:
I don't think it can be a condition but a request for both lot owners
to work with the Parks Department on a trail alignment, possibly on
the sanitation easement across Weinberg. Even if its not a condition
I would like it stated "for the record". Thanks!
Preceding message:
From Suzanne Wolff:
Did you want to attach any conditions to this review?
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE
APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT AT THE
GOLDS BURY RESIDENCE, 700 SNEAKY LANE (LOT A, BEN DEAN LOT SPLIT)
CITY OF ASPEN
Resolution No. 95-~
WHEREAS, pursuant to section 24-5-510 of the Aspen Municipal
Code accessory dwelling units may be approved by the Planning and
Zoning commission as conditional uses in conformance with the
requirements of said Section; and
WHEREAS, the
Kit Goldsbury for
existing 516 s. f.
residence; and
Planning Office received an application from
a Conditional Use review to legitimize an
above grade accessory dwelling unit at his
WHEREAS, the proposed unit is 100% above grade, therefore
the site is allowed an FAR bonus not to exceed one half of the area
of the accessory dwelling unit pursuant to the definition of Floor
Area "Accessory Dwelling Unit", section ]-101 of the Aspen Land Use
Code; and
WHEREAS, the Housing Office, City Engineer, and the Planning
Office reviewed the proposal and recommended approval with
conditions; and
WHEREAS, during a public hearing at a regular meeting on
August 8, 1995 the Planning and Zoning commission approved by a
7-0 vote the Conditional Use review for the above grade existing
accessory dwelling unit with the conditions recommended by the
Planning Office.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Conditional Use for a 516 s.f. net livable, above grade
accessory dwelling unit is approved with the following conditions:
1. Prior to issuance of any building permits the applicant shall:
a. verify the net livable square footage of the ADU and the
floor area for the floor area bonus purposes;
b. upon approval of the deed restriction by the Housing
Office, the applicant shall record the deed restriction
with the Pitkin County Clerk and Recorder's Office with
proof of recordation to the Planning Department. The
deed restriction shall state that the accessory unit
meets the housing guidelines for such units, meets the
definition of Resident Occupied Unit, and if rented,
shall be rented for periods of six months or longer; and
c. kitchen plans shall be verified by the Housing Office to
ensure compliance with specifications for kitchens in
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ADUs.
2. The applicant shall agree to )Oln any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
3. The ADU shall be clearly identified as a separate dwelling
unit on Building Permit plans and shall comply with U.B.C.
Chapter 35 sound attenuation requirements.
4. Prior to the issuance of any building permits, a new site plan
indicating on-street parking shall be provided and a drainage
plan that confirms historic run-off shall be maintained on-
site.
5. The applicant shall consult city engineering for design
considerations of development within public right-of-way,
parks department for vegetation species, and shall obtain
permits for any work or development, including landscaping,
within public rights-of-way from city streets department.
6. Prior to the issuance of any building permits, the applicant
shall consult the Aspen Parks Department to review the
condition of the trail easement that was provided at the time
of the lot split.
7. The 24 foot access and utility easement may not be used for
new surface utility needs.
8. All material representations made by the applicant in the
application and during public meetings with the Planning and
zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions.
APPROVED by the Commission at its regular meet i ng on August 8,
1995.
ShOXDn 0..~ ()
Sharon Carrillo, Deputy City
<;; -ll -qCS
Planning and zoning Commission:
~ ~aJ,;t:aJ
Clerk =AQ~r~A~~ ~h~Qie.C~
"6- 22 -Cj5
Attest:
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PLANNING & ZONING COMMISSION
AUGUST 8. 1995
STAFF COMMENTS
Lamont stated, I would just like to first thank Bob Blaich for
hosting our going away dinner for Bruce at his house, it was very
nice. The Commission applauded eommissioner Blaich.
Also, my suggestion, before the three of you came in, that we
switch old Business and the Work Session because Dave Tolen and
George Krawzoff will be talking to you about the ADU Survey, and
it is just me with you all with the AH/RO. I want to cut short our
AH/RO Discussion, so if we could switch those two? Garton asked,
do we need a formal motion to do it? It was agreed a formal motion
was not required and the switch was agreed upon by.the Commission.
GOLDSBURY CONDITIONAL USE REVIEW
FOR AN ACCESSORY DWELLING UNIT
Garton opened the public hearing.
Lamont represented staff and made presentation stating, this is a
Conditional Use Review and the applicants are requesting to
legalize an existing accessory dwelling unit that is on the
property. They propose to go through some renovation of the home,
and realize that they have a bandit unit and they are in the
process to legalize their accessory dwelling unit. There will be
some exterior changes to the accessory dwelling unit and there will
be a slight expansion of the accessory dwelling unit to the rear
of the unit. The unit is 107 by 48, so, the parcel is eligible for
a floor area bonus of up to 250 sq. ft. or half the size of the
ADU, whichever is less. The ADU itself, is approximately 516 sq.
ft., there is an exterior exit to the unit; currently, it is a
protected access to the ADU, but with the renovation of the home
they will need additional extended porch and roof overhangs. There
are actually two entrances to the ADU, one in the front and one in
the back of the accessory dwelling unit. The dwelling unit is
occupied and I don't know if it has been occupied by the same
person for several years, but the applicant's representative says
that the caretaker unit has been used for many years as just that.
Staff recommends approval of this accessory dwelling unit with
pretty much our standard conditions of approval, however, I would'
like to point out one unusual condition of approval for our typickl
ADUs. When this property went through the lot split process of Lot
A and Lot B, before it was the Ben Deane Subdivision; a trail
2
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PLANNING & ZONING COMMISSION
AUGUST 8, 1995
easement was given to the City at that time. Chuck Roth, at a site
visit, and in looking at the plats, has determined that easement
may be problematic, and so, I'm recommending that the applicant
work with our Parks Department so we can solidify that trail
easement, and since the City now owns all that Meadows land area
right next to this property, it might be a good time for the Parks
Department to diligently work with the applicant to get our trail.
So, that's why I included that condition of approval.
The Affidavit of posting was not presented, but a photograph of
posting was presented to the clerk by the applicant's
representative, Nicole Finholm, Finholm Architects.
Garton asked, Nicole, do you have a presentation?
Finholm answered, I don't, other than I might wish to address the
Parks rule. We have had the same employee living in the unit for
several years, he's been there for at least 15 years. We hope he
will stay on with us after we remodel it.
Garton asked, do the Commissioners have any questions of the
applicant or staff? Do you need anything clarified?
Hunt stated, I do have a question about the overhang on the south
elevation and possible snowshedding there at that entrance to the
unit. Has there been any snowshedding problems?
Finholm responded stating, no, because the
1/2 feet. Hunt asked, is the overhang
(referring to drawings)?
overhang extends 3 and
the dotted line there
Finholm answered, yes.
Hunt stated, O.K., fine.
Garton stated, before I ask for questions from the public, I want
to remind them that what our purview here tonight is to review and
legalize an accessory dwelling unit, and to be sure that it meets
the requirements of the code, which has been answered in the
memorandum.
Garton stated, I have a couple of questions regarding the
compatibility of the code. One is, parking space requirement, it
isn't actually defined or mapped out here on the blueprint.
Finholm stated, we have parking spaces for all persons in house,
Hlus private parking spots for the ADD unit. Garton asked, where
.is that on the blueprint? Finholm showed on a site plan where all
the parking was. Garton asked, so, you have five spaces for how
many bedrooms? Finholm replied, we have five bedrooms, and we
actually have eight spaces with the garage.
3
... ..^~"~-"-"-~~~--,,-_.._._,.--..~.~._,,,_.,,.
PLANNING & ZONING COMMISSION
AUGUST 8, 1995
Lamont stated, let me just add for clarification, remember, we
changed the code to one or two parking spaces per dwelling unit,
not for bedrooms.
Garton asked, also, in Chuck's memorandum, he mentions about the
public trail easement, which we want to address. He also says that
Sneaky Lane carries a public pedestrian easement. It is a private
road, and is that true, there's a pedestrian easement?
Finholm answered, it is my understanding that on Sneaky Lane there
is a utility access easement.
Lamont added further comment and stated, we discussed many
alternatives, and our understanding is that there is an access,
public utility access easement on Sneaky Lane, and it is not a
private pedestrian easement. But we can go through that.
Garton asked, and we don't have a map to show what you would like
to have widened? Lamont stated, no, that's why my condition of
approval recommends that they work with the Parks Department to
figure out what kind of easement we would like, what kind of trail
we would like because they have easements on the other side of the
creek also, and where it would hook up and how it would hook up.
Garton asked, is that agreeable
applicant? Finholm answered, yes,
to you,
it is.
Nicole,
and
to
the
Garton asked, any questions or comments from the audience about
this application for an accessory dwelling unit? There were none.
Garton stated, in that case, I entertain a motion.
MOTION
Hunt stated, I move to approve the conditional use of affordable
housing unit at 700 Sneaky Lane with Conditions 1-8, Planning
Office memorandum dated 8 August, 1995, finding that it meets all
the review criteria. This is also conditioned on the applicant
getting the address list for the Public Notice to the Planning
Office. Blaich seconded, voting commenced, vote was unanimous in
favor, motion carried.
4
CASEr<)AD SUMMARY SHEET - CITY Or~PEN
DATE RECEIVED: 7/5/96
DATE COMPLETE:
PARCEL ill # 2735-122-84-00 1, -84-002, -35-005
CASE # A48-96
STAFF: Dave Michaelson ,tv'/c-
'/""-.1,,
Goldsbury/Weinberg Lot Line Adjustment
Lots I and 2, Westview Lot Split, Lot A Ben Deane Lot Split, Meadows Rd., Aspen
Christopher Goldsbury
PROJECT NAME:
Project Address:
APPLICANT:
Address/Phone:
REPRESENTATIVE: Brooke Peterson, Kaufman and Peterson, PC
Address/Phone: 315 E. Hyman, Aspen ----- 925-8166
FEES: PLANNING $450 # APPS RECEIVED I
ENGINEER $105 # PLATS RECEIVED 2
HOUSING $0
ENVHEALTH $0 TYPE OF APPLICATION:
TOTAL $555 Staff Approval
AMT. RECEIVED $555
Rc\ iC\l Bod~ \Icding Datc Puhlic Hearing '!
P&Z DYes DNo
CC DYes DNo
CC (2nd readinl!) DYes DNo
REFERRALS:
o City Attorney
o City Engineer
o Zoning
o Housing
o Environmental Health
o Parks
DATE REFERRED: *-
o Aspen Fire Marshal
o City Water
o City Electric
o Clean Air Board
o Open Space Board
o Other:
INITIALS:
o CDOT
o ACSD
o Holy Cross Electric
o Rocky Mtn Natural Gas
o Aspen School District
o Other:
DATE DUE: 2/1JL
Ordinance/Resolution #
Staff Approval
Plat Recorded:
APPROVAL:
Date:
Date:
Book
,Page
CLOSED/FILED
ROUTE TO:
DATE:
INITIALS:
1)
Project Nane
1\TI2\ClflENl' 1
~ lEE APPLICATIOO F'ClR'l
'-" .
GOLDSBURY WEINBERG T.o1' T TNF An TTT<::1'MFN1'
.- J'i
,..:fl "/ /"
.~ L
~r5o,oo-"flho-ll-lv,",
105.'00 G:-..;"
~5~D4
'ft.eJ-,),"t!),..,,~]
2) Project Iacaticn
(iniicate ..t...=<t cdh. , l.ot & block pmi'lP1:", legal-descripticn 10ibere
"K"-Ul"- iate)
3) P... s: It zarln:.J
N/A
4) IDt size
N/A
5) ~l;~~'S Nane, ~ & Ebcne' Christopher-Goldsbury, c/o Brooke A. Peterson,
Kaufman & Peterson, P.C., 315 Eas.t Hyman Avenue, Aspen, CO 81&11
6) ~_ tlative's Nane, Mh
&Ebcne'
7) Type of A{:pJ; O<lticn (please dIeck.all that aw1y):
_ 8040 Greenline
_ 0D:lepblal roo
_ 0D:lepblal Historic DeY'.
_ Final Histaric DeY'.
Minar Hi.storic DeY'.
Calditiooal Use
_ 0D:lepblal SPA
Final SPA
--'-- Sl""";" 1 ReV:iao1
.>
_ stI:eam Margin _ Final roo
M:m1tain View Plane L snt-iUvisia:1-
- .
_ Histaric p..nnl iticn
_ a....d...udJ1i1wn; ~
_ Bist:oric Designa1:i.cn
_ Qg; Al.lotment
8)
f r-.l~IlI3E;,\,A~TIAL
A"'8-\p,.'Io:.~-ro
~ P\-,o.1'~
Desc:riptia1 of Eldstin:J uses (p........ and t;ype of exi.stiIg st:r:uctm:es:
~te sq. ft.; p........ of lJ.,(h.......,.; arf:l pmvi.cus awravaJ.s granted to the
property) .
- Qg; ExBIpti.cn
L IDt Spll1;/IDt Line
J\dj\.bL..=.tt.
Two vacant single-family lots and one developed residentia~ single-family lot.
.9) Desc:riptia1 of Dellel.!. ..- 4. ~
Adjustment of lot lines between three lots: Lot A, Ben Deane Lot Split;
Lots 1 and 2.of the Westview Lot Split
10) Have yen ~ the foll.cJWiDi?
_ l' I....lSe to M I";I-.-It 2, MiniDuD t::i1hni...,it'lll Qntents
_ - !.:,..se t:o All_I at 3, Sl""";f';c t::i'lhn;_it'lll Qntents
_ Fl-'-f{"lJIlSe t:o Atho-I-.-at 4, ReV:iao1 st.armJ;ds far Yoor~.
<S>U13MI-r-fI>t..->
(1) 2 B~ve.-L-,"l"'S 6P n:>Tll P-l.II.e>-lt:>et> Fl-f,.
f(-) 1.>\11'1'012'''''''10...( ~W~I.L.~...v "I;' ~ ~~ .s\)~"I.l\O' t
..;) I)e:~"., --- -'1 O"N~S ~
NT!
..~. ..,;
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: 04/04/96
at
08:30 A.M.
Case No. PCT10860
2. Policy or policies to be issued:
(a) ALTA Owner's Policy-Form 1992
Amount$ TBD
premium$
Rate:RE-ISSUE
Proposed Insured:
CHRISTOPHER GOLDSBURY JR.
(b) ALTA Loan Policy-Form 1992
Amount $
premium$
Rate:
Proposed Insured:
Tax Certificate $20.00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof
vested in:
THE JAY N. WEINBERG TRUST DATED MAY 8, 1991, AS AMENDED
4. The land referred to in this Commitment is situated in the County
of PITKIN, State of COLORADO and is described as follows:
A PORTION OF LOT 1, WESTVIEW LOT SPLIT, according to the Plat thereof
recorded June 2, 1994 in plat Book 34 at Page 64.
NOTE: THE ABOVE LEGAL DESCRIPTION WILL BE AMENDED UPON RECEIPT OF A
CURRENT SURVEY.
Countersigned at: PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
970-925-1766
970-925-6527 FAX
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
provisions and Schedules
A and B are attached.
-~_._---<.~,-_...".,~",,".~-~.~-_..~.~._.-. .
..........,
NTI
" .
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument{s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit:
1. Deed from
To
THE JAY N. WEINBERG TRUST DATED MAY 8, 1991, AS AMENDED
CHRISTOPHER GOLDSBURY JR.
2. Proper governmental approvals approving the lot line adjustment
contemplated by this transaction.
3. Evidence satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance
No. 13 (Series of 1990) has been paid or exempted.
NT!
~.. ./
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1. Righes or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments,
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
S. Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract or remove his
ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted as reserved in united States Patent recorded
June 8, 1888 in Book 55 at Page 2.
8. Easement and right of way granted to Aspen Metropolitan Sanitation
District by instrument recorded May 22, 197D in Book 248 at Page 612.
9. Terms, conditions, provisions and obligation of Sidewalk, Curb and
Gutter Improvement Agreement recorded May 26, 1994 in Book 751 at
Page 628.
10. Terms, conditions, obligations and all matters as set forth in
Statement of Exception from the Full Subdivision Process recorded
June 2, 1994 in Book 752 at Page 189.
11. Easements, rights of way and all matters as disclosed on Plat of
subject property recorded June 2, 1994 in Plat Book 34 at Page 64.
This commitment is invalid unless
the Insuring provisions and Schedules
A and B are attached.
schedule B-Section 2
Commitment No. PCT10860
NT!
,"
';,JADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION
WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED
HEREUNDER)
Pursuant to Insurance Regulation 89-2;
NOTE: Each title entity shall notify in writing every prospective
insured.in an owner's title insurance policy for a single family
residence (including a condominim or townhouse unit) (i) of
that title entity's general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics' and/or Materialmen's Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre-printed Item Number 4 may be deleted from the
Owner's policy when issued. Please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage.
NOTE:
If the Company conducts the owners' closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage".
(c)
to Senate Bill 91-14 (CRS 10-11-122);
The Subject Real Property may be located in a Special Taxing
District;
A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
Information regarding Special Districts and the boundaries of
such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor.
NOTE: A tax Certificate will be ordered from the County
Treasurer by the Company and the costs thereof charged to
the proposed insured unless written instruction to the
contrary are received by the company prior to the issuance of
the Title Policy anticipated by this Commitment.
Pursuant
(a)
(b)
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No. PCT10860
NT!
,.,....
''''--~/
---
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: 04/04/96
at
08:30 A.M.
Case No. PCT10861
2. Policy or policies to be issued:
(a) ALTA Owner's Policy-Form 1992
Amount$ TBD
PremiumS
Rate:RE-ISSUE
Proposed Insured:
JAY N. WEINBERG
(b) ALTA Loan Policy-Form 1992
Amount $
PremiumS
Rate:
Proposed Insured:
Tax Certificate $20.00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof
vested in:
CHRISTOPHER GOLDSBURY JR.
4. The land referred to in this Commitment is situated in the County
of PITKIN, State of COLORADO and is described as follows:
PART OF LOT A, BEN DEANE "LOT SPLIT" SUBDIVISION, according to the plat
thereof recorded October 1, 1984 in Plat Book 16 at Page 57.
NOTE: THE ABOVE LEGAL DESCRIPTION WILL BE AMENDED UPON RECEIPT OF A
CURRENT SURVEY.
Countersigned at; PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
970-925-1766
970-925-6527 FAX
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
~
NT!
'-,~....
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit:
1. Deed from
To
CHRISTOPHER GOLDS BURY JR.
THE JAY N. WEINBERG TRUST DATED MAY 8, 1991, AS AMENDED
2. Proper governmental approvals approving the lot line adjustment
contemplated by this transaction.
3. Partial Release by the Public Trustee of the,
Deed of Trust from: PACE FOODS INC. A TEXAS CORPORATION
to the Public Trustee of the County of pitkin
for the use of NCNB TEXAS NATIONAL BANK
to secure $55,000,000.00
dated March 27, 1991
recorded April 15, 1991 in Book 643 at Page 962
reception no. 331826
4. Evidence satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance
No. 13 (Series of 1990) has been paid or exempted.
'"
~.~
NT!
,-,,";
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments,
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. Taxes due and payablei and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract or remove his
ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted as reserved in United States Patent recorded
October 29, 1892 in Book 55 at Page 32.
8. Easement and right of way as granted to The Mountain States
Telephone and Telegraph Company in instrument recorded December 12,
1929 in Book 162 at Page 172.
9. An easement granted to George L. Vagneur and Alice P. Vagneur for the
sole use and benefit of Lot 1 of Snobble subdivision, recorded in
Book 188 at Page 231.
10. A road Right of Way 25 feet wide affecting Lot B as reserved in the
Deed from Michael Marolt to Craig Lasley, recorded October 15, 1951
in Book l76 at Page ll7.
11. Easements granted to Aspen Metropolitan Sanitation District 16 feet
in width recorded in Book 249 at Page 343, and 12 feet in width
recorded in Book 251 at Page 962.
12. Easements, rights of way and all matters as disclosed on Plat of
subject property recorded October 1, 1984 in Plat Book 16 at Page 57.
13. Terms, conditions, provisions, obligations, easements and
restrictions as set forth in the Declaration of Covenants,
Restrictions and Conditions for Ben Deane Lot Split recorded October
1, 1984 in Book 474 at Page 206, deleting therefrom any restrictions
indicating any preference, limitation or discrimination based on
race, color, religion, sex, handicap, familial status or national
origin.
( Continued)
,-..
-....
.....,.,1
.'
NT!
14. Terms, conditions, obligations and all matters as set forth in
Statement of Exception from the Full Subdivision Process recorded
October 1, 1984 in Book 474 at Page 209 and Exemption from the Growth
Management Plat for a single family dwelling thereon, recorded
October 1, 1984 in Book 474 at Page 209.
15. Any loss or damage as a result of any possible overlap with Castle
Creek Subdivision, and any final disposition regarding Civil Action
Case No. 3448, as shown on survey conducted and prepared by Aspen
Survey Engineers, Inc., dated January, 1991 as Job No. 21001.
16. Any question, dispute or adverse claim as to any loss or gain of land
as a result of any change in the river bed location by other than
natural causes, or alteration through accretion, reliction, erosion
or avulsion of the center thread, bank, channel or flow of waters in
Castle Creek lying within subject land; and any question as to the
location of such center thread, bed, bank, bed or channel as a legal
description monument or marker for the purposes of describing or
locating subject lands.
NOTE: There are no documents in the land records of the Office of the
Clerk and Recorded of pitkin County, Colorado accurately locating past
or present location(s) of the center thread, bank, bed, or channel of
the above River or indicating any alterations of the same as from time
to time may have occured.
AND
Any rights, interest or easements in favor of the riparian owners, the
State of Colorado, The United States of America, or the general
public, which exist, have existed, or are claimed to exist in and
over the waters and present and past bed and banks of Castle Creek.
This commitment is invalid unless
the Insuring provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No. PCT10861