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RECORD OF PROCEEDINGS 100 Leaves
ORDINANCE NO.
(Series of 1978)
AN ORDINANCE AMENDING ARTICLE X OF THE ASPEN
ZONING CODE BY TIIE ADDITION OF 24-10.2(d)
WHICH EXEMPTS FROM THE ALLOTMENT PROCEDURES
THE CONSTRUCTION OF ONE SINGLE FAMILY RESIDENCE
014 A LOT SUBDIVIDED AFTER THE EFFECTIVE DATE OF
ARTICLE X WHERE: (1) THE TRACT OF LAND WHICH WAS
SUBDIVIDED HAD A PRE-EXISTING DWELLING, AND
(2) NO MORE THAN TWO LOTS WERE CREATED BY TIIE
SUBDIVISION
WIiEREAS, the City Council desires to amend Article X of
the Aspen Zoning Code by the addition of Sec. 24-10.2(d) for
the benefit of the City of Aspen,
:.IOW, WHEREFORE, _E IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
Section 24-10.2(d) The construction of one single family
residence on a lot subdivided after the effective date of
this article where the following conditions are inet:
(1) The tract of land which was subdivided had
a pre-existing dwelling.
(2) No more than two (2) lots were created by the
subdivision.
Section 2
That Section 24-10.2 of the Municipal Code is hereby
amended by'the renumbering of the existing subsections (d),
(e) , (f) , (g) and (h) as subsections (e) , (f) , (g) , (h) and
(i), respectively.
Sect ion 3
If any provision of this ordinance or the application
thereof: to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of
this 01-d1_I11111C0 �Irt` deC'Z.lL"C'Ct tO Ile SOV017i11A.C.
RECORD OF PROCEEDINGS 100 Leaves
FORM 'A C. F. Peor.Kfl. N. A. b i. C r.
Section 4
A public hearing on the ordinance shall be held on
�Z 1978, at 5:00 p.m. in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days
prior to which notice of the same shall be given in a news-
paper'of general circulation within the City.
INTRODUCED, READ AND ORDERED published as provided by
law by -the City Council of the City of Aspen, Colorado, at
its regular meeting held at the City of Aspen on the
day of `__. _. 1978.
I?.. 'i yrBehrendt-
Mayor Pro Tem
ATTEST:
m
Kathryn S. Hauter, City Clerk
FINALLY adopted, passed and approved on the day
of , 1978
Stacy Standley III
Mayor
ATTEST:
Kathryn S. I,auter, City Clerk
RECORD 0J7 PROOLLUINGS 100 Leaves
FORM -! C. F. MOFCRFI. R. !. A L. Ga. __
Special Meeting As
arning an Zoning April
The Aspen Planning
and Zoning Commission held a special meeting on April 11,
1978, at 5:00 PM in
the City Council Chambers. Members present were Charles
Collins, Frank Baranko,
Donald Ensign, Welton Anderson, Olaf Iedstrom and
John Schuhmacher.
Also Bill Kane and Karen Smith of the Planning Office.
Approval of Minutes
Ensign moved -to table the approval of the minutes to
the nest meeting, Hedstrom seconded. All in favor,
motion approved.
Kopf, Subdivision
Smith gave the presentation. She showed plats for
Exemption
the application. This is a request to separate
Lots 0 & P from Lots Q, R, & S, thus creating two
building sites. The existing house does comply with
setbacks, zoning, etc. This application is exempted
fro:_ the GMF but any development on the second lot
would be deducted from the quota. The Engineering
Office has no problems with the.application. The
park dedication fee does apply on the second lot and
the Planning Office recommends that it be deferred to
issuance of a building permit. The Planning Office
recommends approval. Smith noted that the recently'
passed Ordinance 3 of 1978 exempts this from the GMP.
Hedstrom moved to recommend exemption from the strict
application of the subdivision regulations for the
separation of Lots 0 & P, Block 56, from Lots Q, R & S,
on application of Don and Carol Kopf, inasmuch as the
purpose and intent of the regulations have been satis-
fied and subject to payment of the park dedication fee
at such time as a building permit is obtained for
Lots 0 & P, Ensign seconded. All in favor, motion
approved.
Arrowhead
Hedstrom moved to table the Arrowhead Condominiumization
Condominiumization
item on the agenda pending completion of the Housing
Impact statement, Schuhmacher seconded. All in favor,
motion approved.
FAR -
Smith gave a short history of their consideration of
Recommendation
this item. Anderson distributed a sketch of two houses,
to City Council
both of which had a .31 FAR with 1800 square feet. One
house had a volume of 48,G00 cubic feet and the other
had a volume of 16,200 cubic feet. He was demonstrating
that although they have the same number of square feet,
one house was physically three times the size of the
other. He feels that the FAR will not accomplish what
they are attempting to do. He feels they should study
the possibility of a volume ratio instead.
Bill Dunaway, of the Aspen Times, did not feel that
people would build a shell-like house and exploit the
ordinance. Anderson noted that they could easily slip
in an illegal second floor and have twice the FAR pos-
sible. Gideon Kaufman noted that Anderson was showing
ways that people would use to get around the FAR.
Collins said there is always a potential for someone
to skirt the intention of the ordinance but that they
should enact the ordinance anyway. Dunaway felt they
should adopt the FAR and look at a volume control later.
Kaufman felt the majority will not build offensive
houses. Ile felt they should deal only with those who
will abuse the FAR. Smith said she anticipated a .real
problem in figuring volume ratios in houses with circles
cylinders and the like.
0 9
TO:
FROM:
RE:
DATE:
M E M O R A N D U M
Aspen City Council
Planning Office, Richard Grice
Kopf - Subdivision Exemption
April 24, 1978
This application requests subdivsion exemption for the division of a parcel
consisting of 5 city lots into two separate parcels of 2 and 3 lots each.
Specifically, the applicants, Don and Carol Kopf wish to create a separate
building site out of Lots 0 & P, Block 56 by separating them from Lots Q,
R, and S, on which their house is now located. The property is located on
Hallam between First and Center Streets - in _thg._B-6 zon_e-district. The
i�ion woul-d create a 9,000 square food lot with a house on it and a new
vacant 6,000 square foot lot. Both conform to zone district requirements,
so no non -conformity would be created.
Such divisions are exempt from the Growth Management policy plan by virtue
of Ordinance 3, series of 1978, recently passed by the City Council. If
divided, this lot could be developed with a single family house with no
further reviews. Any development would, however, be subtracted from the
quota available that year.
Dave Ellis has reviewed the propoesed lots with respect to subdivision design
standard conformance. He recommended the exemption be granted without con-
ditions inasmuch as those criteria had been met.
We note that the division is subject to a park dedication fee on the lot to
be separated. The lot is vacant and new development is still required to
pay a fee based on the number of residents. Because there are no building
plans and the number of bedrooms is unknown, we recommend the fee payment be
postponed until building permit application.
This item was presented to the Aspen Planning and Zoning Commission at their
regular meeting on April 11, 1978. The Commission recommended exemption from
the strict application of the subdivision regulations for the separation of
0 and P, Block 56 from Lots Q, R, and S, inasmuch as the purpose and intent
of the regulations have been satisfied and subject to payment of the park
dedication fee at such time as a building permit is obtained for Lots 0 & P.
hJA
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00 0 6
M E M O R A N D U M
TO: Aspen Planning and Zoning Commission
FROM: Planning Office, Karen Smith
RE: Kopf - Subdivision Exemption
DATE: April 7, 1978
This application requests subdivision exemption for the division of a parcel
consisting of 5 city lots into two separate parcels of 2 and 3 lots each.
Specifically, the applicants, Don and Carol Kopf wish to create a separate
building site out of Lots 0 & P, Block 56 by separating them from Lots Q,
R, and S, on which their house is now located. The property is located on
Hallam between First and Center Streets - in the R-6 zone district. The
division would create a 9,000 square foot lot with a house on it and a new
vacant 6,000 square foot lot. Both conform to zone district requirements,
so no non -conformity would be created.
Such divisons are exempt from the Growth Management policy plan by virtue
of Ordinance 3, series of 1978, recently passed by the City Council. If
divided, this lot could be developed with a single family house with no
further reviews. Any development would, however, be subtracted from the
quota available that year.
Dave Ellis has reviewed the proposed lots with respect to subdivision design
standard conformance. He recommended the exemption be granted without con-
ditions inasmuch as those criteria had been met.
We note that the division is subject to a park dedication fee on the lot to
be separated. The lot is vacant and new development is still required to
pay a fee based on the number of residents. Because there are no building
plans and the number of bedrooms is unknown, we recommend the fee payment be
postponed until building permit application.
Doremus &company
post office box 224 •602east hyman ave. • aspen, colorad081611 •303925-6866
March 13, 1978
Ms. Karen Stanford
City/County Land Use Administration
Aspen City Hall
130 South Galena Street
Aspen, Colorado 81611
Re: Don and Carol Ann Kopf
Exemption
Dear Karen:
Please consider this letter formal application to the
Aspen Planning and Zoning Commission for an exemption from
the term "subdivision", as provided for in the Aspen Muni-
cipal Code, sec. 20-19 (b.), with respect to the proposed
division of City lots.
As the accompanying map shows, the property consists
of Lots 0, P, Q, R $ S, Block 56, City of Aspen with a 2-
story victorian frame dwelling, presently the residence of
the applicant.
Don and Carol Ann wish to parcel off Lots 0 & P from
the remaining 3 lots and dwelling so that these lots might
become available as a single family building site. As can
be seen, the new building site (Lots 0 & P) will consist
of 2 vacant City lots of 6,000 square feet in size. The
existing Kopf residence will remain on Lots Q, R & S con-
sisting of 9,000 square feet. A further examination of
the map indicates that the Kopf residence will be conform-
ing as to side, rear and front yard setbacks. The property
is presently zoned R-6 Residential, which allows single
family dwellings on 6,000 square feet of lot.
It is respectfully submitted that the contemplated
division does not fall within the intent or purpose of
Aspen's Subdivision Regulations, which are expressly de-
signed to assist in the orderly, efficient and integrated
development of the City of Aspen, to insure the proper
distribution of population, to coordinate the need for
public services, and to encourage well -planned subdivisions.
CITY OF ASPEN
P. O. BOX V • ASPEN, COLORADO B1611
TO �/!'�/h�` DATE
DATE la-7/75
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INSTRUCTIONS TO SENDER:
I. KEEP YELLOW COPY.
2. SEND WHITE AND PINK COPIES WITH CARBON INTACT.
SIGNED
INSTRUCTIONS TO RECEIVER:
I. WRITE REPLY. 2. DETACH STUB, KEEP PINK COPY, RETURN WHITE COPY TO SENDER.
A
CITY of ASPEN
P6IL. V • AspEK GOLaRAou ~s
T13 ��/l —v{ ✓Ii1IV DATE
DATE �/78
/��o,�✓ G S E r/ Px Gr,,,, �J '�t-�. �irc (� Gt�W /4
E3Y) f s' , Gm SIGNED
RECIPIENT KEEPTHIS COPY, RETURN WHITE COPY TO SENDER
FEE SCHEDULE
(Subdivision, Exemption from Subdivision, Rezoning, Park Dedication)
Name of Project: -
Address: �-'o TS 0 P L
Applicant's Name: �'� ���%� Phone:
Applicant's Address: _4,r I&C2,,
FOR ZONES WHICH ARE R-15, R-30, R-40, RR and CONSERVATION the Subdivision Fee
Formula is as follows:
Conceptual $100 + $5.00/dwelling unit
Preliminary $22.00/dwelling unit
Final $3.00/dwelling unit
FOR ALL OTHER ZONES the Subdivision Fee Formula is as follows:
Conceptual $100 + $60.00/acre of land
Preliminary $280.00/acre of land
Final $35.00/acre of land
EXEMPTION FROM THE DEFINITION OF SUBDIVISION FEE: $50.00
REZONING APPLICATION FEE: $125.00 (once a year)
r cORl) OF P!'JCCEO: NLIS 1C Lrivcs
current market value of a percentage of the
land proponcd as the development site, the
percentage of the land beinq determined at the
rate of two and one-half (2'1) acres for every
one thousand (1,000) residents of the proposed
development- (that is, the number of residents
multiplied by twQnty-five ten thousandths
(.0025) of an acre per resident). The number
of residents attributable to the development
shall be calculated in the following manner:
Type of Dwelling Number of Residents
For Dwcli: L':::
21ulti-Family
studio 1.0
one bedroom 2.3
two bcdreom 27
three bedroom 4..0
and 1.3 for each additional bedroom
Single Family or Duplex
one bedroo-3 1.3
two bedrecn 27
three b::._o�m 4..0
and 1.3 :or each additional bedroom
A duplex st:u:•_are shill ccnstitste tvo duelling
unitr. far ru:-poreti c: suos,.:,:tion.
(3) An exa-:^le of the a;-,•lication of the al,ovc
formul.i foll.a.s, .�::r:..,:r.q tar ar.tru;titan
Of a,lr rir. lr :tiv r_ nt.il.u:r•, t1:u
be'lt.•ar .. un a lot_ cont.u:%.:I 1 1 .: J0 :i• text
with a r,Lrkvt value of $a5,000.30 (or~$i.JJ p,,r
square fu.1t1:
2.7 (2 br.itoom - 2.7 rr::idonts) x 0.00." acres
x 43,1,60 (cgn.Ire felt 1••r octc) x SJ.3i (u.tt-
Let t•.Iltw ut I.ut,i I,rt Lc,-t1
(b) 11n(rq•r1.v,-d I.utd r.h.II1 Iv• .II•p!aI•,•,I at the
eut 1'4`1 t'. �• I \'.I lnr oI the ,•.I !. In, I11.I 1:1.1 it %-slue
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a 11,.c un„ n11•.1 1•ut rh.t•.e I•t tr1• ( I I an .ttm't: lo-•mlt h
tt.ul ..1, I r i� �„I t.w,t, t.l1.,n t.. 1. •t ,•1.1► .�t !�• .1ny
PARK DEDICATION FEE SCHEDULE
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