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HomeMy WebLinkAboutcoa.lu.ec.Nitze/Stunda Line Adjustmenttir ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 - 47331 GMP/CONCEPTUAL - 63722 - 63723 - 63724 - 63725 - 63726 - 63727 - 63728 - 47332 - 47333 - 47341 - 47342 - 47343 - 47350 - 47360 REFERRAL FEES: 00125 -63730 - 47380 00123 -63730 -47380 00115 -63730 - 47380 County PLANNING OFFICE SALES GMP/PRELIMINARY GMP/FINAL SUB/CONCEPTUAL SUB/PRELIMINARY SUB/FINAL v ALL 2-STEP APPLICATIONS 1 ALL 1-STEP APPLICATIONS/ �� 1 CONSENT AGENDA ITEMS 010.0 0 ENVIRONMENTAL HEALTH HOUSING ENGINEERING r SUB -TOTAL GMP/GENERAL GMP/DETAILED GMP/FINAL SUB/GENERAL SUB/DETAILED SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING ENVIRONMENTAL COORD. ENGINEERING 00113 - 63061 - 09000 COUNTY CODE - 63062 - 09000 COMP. PLAN - 63066 - 09000 COPY FEES - 63069 - 09000 OTHER Name: Address: _�i 0/F • //yme ro 1W,611 Check # Additional Billing: SUB -TOTAL SUB -TOTAL p TOTAL /11) .,22 Phone: Project: P 7'Z m 1. eii Date: # of Hours: S' f 0 • CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: / DATE COMPLETE: PROJECT NAME Project Addr APPLICANT: Applicant Address: REPRESENTATIVE Representative PAID:: NO AMOUNT: -------- �`�. 1) TYPE OF APPLICATION: 1 STEP: 2 STEP: 2) IF 1 STEP APPLICATIONGOES TO: P&Z V�CC -PbI3, . HEARING DATE: O:f� VESTED RIGHTS: YES NO _ C3) PUBLIC HEARING IS BEFORE: P&Z CC v N/A DATE REFERRED: 4'� INITIALS: Planning Director Appr val: Paid: Insubstantial Amendment or Exemption: Date: Staff Approval: Consent Agenda: Paid: Date: ✓ City Attorney �- City Engineer Mtn. Bell School District Housing Dir. Parks Dept. Holy Cross Rocky Mtn Nat Gas Aspen Water Fire Marshall State Hwy Dept(GW) State Hwy Dept(GJ) City Electric Envir. Hlth. Fire Chief B1dg:Zon/Inspect Aspen Consol. Roaring Fork Transit Roaring Fork S.D. Energy Center Other FINAL ROUTING: City Atty ,��INITIAL: � Bldg. Dept. Other: -ZO I h� FILE STATUS AND LOCATION: (DATE ROUTED:e V City Engineer CASELOAD SUMMARY SHEET NITZE/STUNDA LOT LINE ADJUSTMENT TO: FILE FROM: CINDY HOUBEN, PLANNER RE: NITZE/STUNDA LOT LINE ADJUSTMENT On August 22, 1988 the City Council approved the Nitze/Stunda Lot Line Adjustment with the following conditions of approval: 1) The applicants shall clarify the encroachment license situation with the Engineering Department (granted in Book 563, Page 326 noted on the plat). 2) All property monuments and encroachment monuments shall be indicated on the plat. 3) The applicants shall agree to join an improvements district if one is formed in the area. This agreement shall be submitted to and reviewed by the City Attorney. The agreement shall be recorded prior to the issuance of a building permit for the garage structure. ch.nitze2 • • [V TO: Aspen City Council THRU: Robert S. Anderson, Jr., City Manager FROM: Cindy Houben, Planning Office f� . RE: Nitze/Stunda Boundary Line Adjustment DATE: August 22, 1988 SUMMARY: The Planning Office recommends approval of the request for a boundary line adjustment (transfer of approximately 500 square feet) between two consenting adjacent property owners. APPLICANTS: William Nitze and Steven Stunda. REQUEST: Approval of a boundary line adjustment between the Nitze property and the Stunda property. LOCATION: 420 W. North Street and 602 North Street. The Nitze property is Block 101, Lots 14-20. The Stunda property is Block 101, Lots 11-13. DESCRIPTION OF THE PROPOSAL: The application states that both land owners acknowledge that a claim in adverse possession had been established by Mr. Nitze to property owned by Mr. Stunda. Both parties are co -applicants requesting the boundary line adjustment. (See attached Map) HISTORY: In October of 19871 Mr. Nitze requested an exemption from the moratorium (Resolution #27) on building in the R-6 zone district pursuant to the dimensional requirements of the old Code. This exemption was granted, thereby allowing the applicant to continue with a building permit application to construct an addition to an existing house. This addition also included a proposed garage. The garage, however, was situated on the property (see map) which encroached into Mr. Stunda's property. The garage construction requires a 5' setback from the side property line. In order to construct the garage Mr. Nitze is pursuing this boundary line adjustment request. The application states that Mr. Nitze or this predecessors have used this land for over 25 years. REFERRAL COMMENTS: 1) Engineering Department: In a memo by Chuck Roth, dated August 15, 1988, (attached) he states the following: a. There is language "encroachment license granted in Book 563 at Page 326" which is not clear on the plat what the encroachment is. b. According to Section 19-98 of the Municipal Code (Chapter 19 is titled Streets, Sidewalks and other Public Property), sidewalk will be required to be constructed along the Third Street frontage if a garage is constructed. The issue of sidewalks in this neighborhood is one which needs examination by Council, P&Z, and the Historic Preservation Committee. At this time, Section 19-98 is law. If Council does not desire sidewalk to be constructed until the sidewalk issue is evaluated, the property owner could provide bonding per 19-99 and 19-100 instead of performing the construction. Copies of the pertinent Code sections are attached. C. All of the property monuments must be indicated as found or set. The encroachment limit monuments may not need to be set, but they should be indicated on the drawing as not set if that is the case. d. The applicant must agree to join improvement districts for improvements in the public rights -of -way per language available from the City Attorney. STAFF COMMENTS: 1. This application is made pursuant to the new Code, Section 7-1003. However, the applicants are still requesting the dimensional requirements of the old Code since William Nitze was exempted from the revised R-6 zone district regulations (granted on October 26, 1987). The applicants are primarily concerned with the side -yard setback. The new Code would require a minimum of 15 feet on the side yard (on the Nitze parcel), whereas the old Code requires a 5 foot setback. We believe it is appropriate to apply the prior setback requirement to this project since it was granted the right to a building permit under the prior regulations. 2. Section 7-1003 states that an exemption may be granted for the purpose of adjusting a lot line between adjacent parcels or lots which are under separate ownership if the following conditions are met: a. Criteria: 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; and Response: The request is between two consenting land owners 2 ReN c. to correct a plat to reflect a boundary which has been established over the last 25 years. Criteria: Both landowners whose lot lines are being adjusted provide written consent to the application; and Response: Both land owners consent to the Boundary line adjustment. Written consent has been provided. Criteria: It is demonstrated that the request is to address specific hardship; and Response: The adjustment addresses a specific hardship. The owners of the Nitze parcel have used, and been under the impression for the past 25 years that the area in question is part of their lot. d. Criteria: The corrected plat will meet the standards of this division, and conform to the requirements of this chapter, 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 non -conformity of the lot; and Response: The plat will meet the requirements of the Code if the conditions set forth by the Engineering Department are met. The development proposed for the Nitze parcel will meet the dimensional requirements of the old Code as was provided for by the exemption approval granted to the Nitze family in October of 1987 (regarding the implementation of the new Land Use Code requirements). The parcels will remain conforming parcels in the zone district. e. Criteria: It is demonstrated that the lot line adjustment will not affect the development rights or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. Response: The applicants are not creating any new parcels for the purposes of development or resale. The boundary line adjustment, however, will affect development on the two parcels. The Nitze parcel will be able to place a garage structure on the acquired land and still maintain the required side yard setback. The Stunda parcel which is currently 9,000 square feet in size will be reduced to 8,500 square feet, thereby reducing the options for the parcel allowed under the Code. (The new Land Use Code allows a 9000 square foot parcel in the R-6 Zone District to have two detached single-family structures or a duplex). RECOMMENDED MOTION: The City Council grants approval of the Nitze/Stunda Lot Line Adjustment with the following conditions: 3 • • 1) The applicants shall clarify the encroachment license situation with the Engineering Department (granted in Book 563, Page 326 noted on the plat). 2) The plica t shall nstruct a si wa along 3 St t o sub it a des' nat bon g to e Ci Att ney for ose of si k const t' n prior t ssuance o b ing permit or the garage.. 3) All property monuments and encroachment monuments shall be indicated on the plat. 4) The applicants shall agree to join an improvements district if one is formed in the area. This agreement shall be submitted to and reviewed by the City Attorney. The agreement shall be recorded prior to the issuance of a building permit for the garage structure. CITY MANAGER'S COMMENTS: CH.NITZE 4 0 • MEMORANDUM To: Cindy Houben, Planning Office From: Chuck Roth, Assistant City Engineer 0`e- Date: August 15, 1988 Re: Nitze/Stunda Lot Line Adjustment Having reviewed the above reference application, the Engineering Department has the following comments: 1. There is language "encroachment license granted in Book 563 at Page 326" which is not clear on the plat what the encroachment is. 2. According to Section 19-98 of the Municipal Code (Chapter 19 is titled Streets, Sidewalks and other Public Property), sidewalk will be required to be constructed along the Third Street frontage if a garage is constructed. The issue of sidewalks in this neighborhood is one which needs examination by Council, P & Z, and the Historic Preservation Committee. At this time, Section 19-98 is law. If council does not desire sidewalk to be constructed until the sidewalk issue is evaluated, the property owner could provide bonding per 19-99 and 19-100 instead of performing the construction. Copies of the pertinent code sections are attached. 3. All of the property monuments must be indicated as found or set. The encroachment limit monuments may not need to be set, but they should be indicated on the drawing as not set if that is the case. 9. The applicant must agree to join improvement districts for Improvements in the public rights -of -way per language available from the City Attorney. cc: Jay Hammond CR/cr/memo 88.69 Sec. 19-EWonstruction of sidewalk, curb aegutter required for all new construction in certain districts. The building inspector shall not issue a certificate of occupancy for any new construction in the CC, C1, NC, L-1, L-2 and CL zone districts or other area as designated on the adopted sidewalk, curl) and gutter plan unless sidewalk, curb, and ~utter has been constructed in the right ad.joining t.l)e building (Ord. No.:10-1975, § 1: Ord. No. 27-1982, § 2) Sec. 19-99. Reservation of funds for construction of sidewalk, curb and gutter. If the weather prevents construction of the improvements required by section 19-98 at the time of completion of the principal improvements, the building inspector may issue a certificate of occupancy after funds have been escrowed for the construction of same. The amount of the escrow shall be determined by the city engineer and shall be at least one hundred (100) per cent of the current cost of construction. The escrow agreement shall in no way relieve the owner of the responsibility for construction of the improvements when it shall become practicable. (Ord- No. 30-1975. § 1) Sec. 19-100. Procedures when not feasible to con- struct sidewalk, curb and gutter. If the city engineer deems that the construction of improvements required by section 19-98 is inappropriate at the time of completion of the principal improvements due to existing conditions or future city plans, the building inspector may issue a certificate of occupancy after the owner of the property shall have complied with one of the following - (a) The owner shall have escrowed funds as required in section 19-99. This procedure shall be used only if it appears feasible that the improvements will be constructed within three (3) years. In the event that the improvements are not made within three (3) years, the escrowed funds shall be released and the owner shall enter into an agreement as required in subpar- agraph (b) of this section. (b) If ex�isting improvements or conditions make con- struction of sidewalk, curt) and gutter within three (3) Years unfeasible, the owner shall have entered into an agreement with the city whereby he shall agree to construct or pay for the construction of said improve- ments when the city deems their construction necessary and feasible. This agreement shall be a covenant running with the land. (Ord. No.:30-1975, § 1) NGMCTH--- 6410* � LLL n- r JS •, i tl : •f h I 'I m /G•�riwo Cn.c�e.t�-rbr: fM'w•m•v w �oo-m . rf.• i NOQ 09'09•E .•. i�w..•„ sn � �� � � j�-.(sr. n w � 93.r0' ✓ a.., w�,-v.�co u,-c � (ffi/ R 1 `94 g4' '...zi...wt •.ssr NOMTH u•+c �o r I " J� I I m N N I _ V V I N � N Z � u u I I� - - - - - - - - - I J IZ I • • • MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr., City Manager FROM: Cindy Houben, Planning Office k RE: Nitze/Stunda Lot Line Adjustment DATE: August 8, 1988 Due to problems with our referral process, the Planning Office has tabled the Nitze/Stunda Lot Line Adjustment until the August 22, 1988 City Council meeting. The applicant has been informed of this change and does not have a problem with the rescheduling. RONALD GARFIELD* ANDREW V. HECHT** WILLIAM K. GUEST, P.C.*** ROBERT E. KENDIG JANE ELLEN HAMILTON -also admitted to New York Bar **also admitted to District of Columbia Bar —also admitted to Nebraska and Texas Bar HAND DELIVERED GARME LD & HECHT, P.C. ATTORNEYS AT LAW TELEPHONE VICTORIAN SQUARE BUILDING (303) 925-1936TELECOPIER 601 EAST HYMAN AVENUE (303) 925-3008 CABLE ADDRESS ASPEN, COLORADO 81611 "GARHEC" August 3, 1988 Ms. Cindy Houben Aspen/Pitkin Planning Office 130 South Galena Street Aspen, CO 81611 RE: Nitze/Stunda Lot Line Adjustment Dear Cindy: Pursuant to our telephone conversation this morning, I am transmitting, under cover of this letter, four (4) additional copies of the Nitze/Stunda Lot Line Adjustment Plat and one additional copy of the application requesting approval of such lot line adjustment. It is my understanding that once you have been able to review these documents, the City Council will review this application on August 22, 1988. For clarification purposes, we would like to state that the application for a lot line adjustment between consenting adjacent landowners should be considered submitted under the "new" Aspen Municipal Land Use Code, effective April 25, 1988, pursuant to Section 7-1003 of such Code. The dimensional requirements of the property (most particularly the side yard set -back of five feet) are, however, the requirements previously established for the R-6 zone district based upon the City Council exemption from the revised R-6 zone regulations granted October 26, 1987 to our client William A. Nitze. If you have any questions regarding this matter, please do not hesitate to contact us. Sincerely, GARFIELD & HECHT, P.C. O 6)e Ellen Hamilton JEH/cc Enclosures cc: Mr. William A. Nitze SUBDIVISION EXCEPTION APPLICATION I. Introduction. The Applicant, William Nitze, owns the real property located at 420 West North Street, Aspen, Colorado, legally described as Lots 14, 15, 16, 17, 18, 19 and 20, Block 101, Hallam's Addition, City and Townsite of Aspen. The Applicant requests this subdivision exception pursuant to Section 20-19(a)(4) of the former Municipal Code of the City of Aspen (the "Code") in order to permit a boundary change between two consenting adjacent landowners. Steven R. Stunda, who has signed this Application as the consenting adjacent landowner, owns the property legally described as Lots 11, 12 and 13, Block 101, Hallam's Addition, City and Townsite of Aspen, directly west of Applicant's property. Applicant is requesting this lot line adjustment for two reasons. The first reason is that Applicant or his predecessors in interest have used the appoximately 500 square feet which is the subject of this application exclusively for over twenty-five (25) years and Applicant wishes to memorialize his claim in adverse possession to such property. Secondly, Applicant wishes to construct a one -car garage on the southwest corner of his home, and to do so, he must be able to provide a five foot (5') side yard set back. On October 26, 1987, the Aspen City Council voted to exempt the construction of the garage, as well as other improvements to Applicant's property, from the R-6 zone requirements set forth in the revised Code. A copy of the City Council minutes from such meeting is attached as Exhibit "A" hereto. II. Subdivision Exception. The Code provides, in Section 20-19, that certain exceptions from the strict application of the provisions of the chapter on subdivision may be obtained under certain conditions. Section 20-19(a)(4) states that the planning commission may grant exceptions where undue hardship may result from strict compliance with the subdivision regulations. The section states that an exception may be granted for the purpose of adjusting a lot line between adjacent parcels or lots which may be under individually separate ownership if the following conditions are met: a. The applicant demonstrates that the purpose of the request is to permit a boundary change between consenting adjacent landowners; b. The adjustment will not directly or indirectly affect the development rights or permitted density on the property by providing the opportunity to create a new lot or parcel for development or resale purposes; C. Subsequent to the adjustment, the parcels or lots will continue to conform to the underlying area and bulk requirements of the zone district; and d. The applicant otherwise complies with all applicable zoning and subdivision regulations of the City of Aspen. A. Request for a Boundary Change Between Consenting Adjacent Landowners. As indicated on the subdivision exception plat attached hereto as Exhibit "B", the common property line between Applicant's property and Stunda's property is immediately adjacent to two concrete block walls. Applicant has been able to establish that he has a claim of adverse possession to that part of Stunda's property east of the wall. After being presented with evidence of such claim of adverse possession, Stunda agreed to join in this application as a consenting adjacent landowner to adjust the property lines between his and Applicant's property in order to reflect the change in ownership of the property caused by the claim of adverse possession. Both the existing property line and the proposed new property line are shown on the plat attached as Exhibit "B" hereto. B. No Affect on Development Rights or Permitted Density. The adjustment will not directly or indirectly affect the development rights or permitted density of either Applicant's property or Stunda's property by providing the opportunity to create a new lot or parcel for development or resale purposes. Applicant's property consists of approximately 18,627 square feet. Stunda's property consists of approximately 9,000 square feet. The property which will transfer from Stunda's ownership to Applicant's by reason of this boundary adjustment application is comprised of approximately 500 square feet. Although Applicant has no present intention to do so, prior to the transfer of property, Applicant could subdivide his property into three (3) lots, each of which would conform to the minimum lot area requirements of the R-6 zone district. The transfer of property will not give Applicant any additional development rights. Pursuant to an exemption from the new R-6 zoning requirements granted Applicant, Applicant is currently seeking a building permit to add an additional 1,613 square feet onto his 3,454 square foot duplex. A copy of the City Council minutes excepting such addition from the new R-6 zoning regulations is attached hereto as Exhibit "A". As the Applicant's duplex will exceed the allowable square footage under the new R-6 zoning regulations with the transfer of property included, the transfer will not permit Applicant to add any additional square footage onto his duplex. -2- • • C. Conformance With Underlying Zone District. Subsequent to the adjustment, both Applicant's property and Stunda's property will continue to conform to the underlying area and bulk requirements of the zone district. The properties will each continue to exceed 6,000 square feet, the minimum lot size in the R-6 zone district in which the properties are located, and the boundary adjustment will not create any setback non -conformities, as demonstrated by the plat attached as Exhibit "B". D. Compliance With Applicable Zoning and Subdivision Regulations. This boundary change application is not subject to the Growth Management Quota System for this application is not seeking approval for any type of development activity. The Applicant has complied with the plat requirements of the subdivision regulations, and such plat is attached hereto as Exhibit "B". There are no other applicable zoning or subdivision regulations with which Applicant must apply. III. Conclusion. If this application is granted, Applicant will construct a garage as depicted on the improvement survey attached hereto as Exhibit "B". The garage will have a sideyard setback of five (5) feet, which was the setback required under the R-6 zoning regulations prior to the adoption of Ordinance No. 54, Series of 1987 amending the R-6 zoning regulations. As demonstrated above, this application complies with all other applicable zoning and subdivision regulations of the Code. Therefore, the Applicant respectfully requests the approval of this boundary line adjustment application. Respectfully submitted, Jane Ellen Hamilton, Attorney for William A. Nitze -3- • The undersigned, William A. Nitze, owner of that certain real property legally described as Lots 14, 15, 16, 17, 18, 19 and 20, Block 101, Hallam's Addition, City and Townsite of Aspen respectfully submits and consents to the attached lot line adjustment application. William A. Nitze Mm 0 0 The undersigned Steven R. Stunda, owner of that certain real property legally described as Lots 11, 12 and 13, Block 101, Hallam's Addition, City and Townsite of Aspen respectfully submits and consents to the attached lot line adjustment application. Steven R. Stunda -5- JUL 7 1%8 ,�'� (� jj'7)j�""'!7�7�v 71'�, j�7j 7� 7j 7j 1�� ,{� G 1 R llll.aL & llll1Le HT9 ll o V o ATTORNEYS AT LAW TELEPHONE RONALD GARFIELD* ANDREW V. HECHT** VICTORIAN SQUARE BUILDING (303) 925-1936 TELECOPIER WILLIAM K. GUEST, P.C.-* 601 EAST HYMAN AVENUE (303) 925-3008 ROBERT E. KENDIG CABLE ADDRESS ASPEN, COLORADO 81611 "GARHEC" JANE ELLEN HAMILTON *also admitted to New York Bar July 7, 1988 "also admitted to District of Columbia Bar —also admitted to Nebraska and Texas Bar HAND DELIVERY Mr. Alan Richman, Director Aspen/Pitkin Planning Office City Hall 130 South Galena, 3rd Floor Aspen, CO 81611 RE: Lot Line Adjustment Dear Alan: Several months ago we had a pre -application conference with Steve Burstein regarding a proposed lot line adjustment reflecting the transfer of approximately 500 square feet between two properties located in the West End. As we explained to Steve, the lot line adjustment is being pursued between two consenting adjacent landowners because they each acknowledged that a claim in adverse possession had been established by one lot owner to certain property legally owned by the other lot owner. Rather than pursue a quiet title suit, which would involve a great deal of expense and a great deal of time, the landowners have chosen to pursue this method of adjusting their property boundaries. As you will note from the enclosed application, the City Council has exempted certain improvements proposed by my client, William A. Nitze, to his home from the provisions of the revised R-6 zoning regulations. This lot line adjustment is essential to the construction of one portion of these improvements, the garage. Pursuant to the City Council action, we are permitted to proceed with the side yard set backs required under the former Municipal Code. of the City of Aspen rather than the revised Code, and therefore, the applicable side yard set back would be 5 feet. Following the lot line adjustment, the side yard set back from the edge of the proposed garage to Mr. Nitze's property line will be at least 5 feet, as indicated on the enclosed plat. GARFIELD & HEGHT, P.G. Mr. Alan Richman, Director July 7, 1988 Page -2- In conjunction with this application, we have enclosed the following: 1. An application form; 2. A discussion of why the application complies with the substantive development review standards relevant to a subdivision exemption application; 3. A disclosure of ownership of both parcels represented by copies of each owner's title policy; 4. A check in the amount of $780.00, which includes an engineering referral fee; and 5. Two copies of the lot line adjustment plat. We will be forwarding to you 6 additional copies of the lot line adjustment plat as well as an 8 1/2 x 11 inch vicinity map locating the affected property. As there is no public hearing requirement for the lot line adjustment, it is not necessary to provide you with any adjacent landowners names or addresses. Should you have any questions regarding this matter, please do not hesitate to contact us. Very truly yours, GARFIELD & HECHT, P.C. ne Ellen Hamilton JEH/emm Enclosure cc: William A. Nitze ATIMP* Tr 1 • WAND USE APPUC ATION FUR4 1) 2) Project Name Nitze/Stunda Lot Tine Adjustment Project location 420 West North St., Aspen, Lots 14-20 and Lots 11-13, _Block 101, Iiallam's Addition City and Townsite of Assn ( indicate street address, lot & block number, legal description mere appropriate) 3) Present Zoning R- 6 4) Lot Size (See Above) 5) Applicant's Name, Address & Phone # William A. Nitze, 420 W. North St., .Aspen and Steven R. Stunda, Godene & Stunda, 1 Village Square, Suite 111, Baltimore, MD 21210 6) Representative's Name, Address & Phone # Jane Ellen Hamilton, Garfield & Hecht, P.C., 601 East Hyman Avenue, Aspen, CO 81611 (303) 925-1936 7) Type of Application (please check all that apply): Conditional Use Cbnoep jal SPA Conceptual Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline Cuyx ptual PUD Minor Historic Dev. Stream Margin _ Final PUD Historic Demolition Maintain View Plane Subdivision Historic Designation Cordaminitm►i nation Text,/Map Amendment C MQS Allotment X lot Split/Lot Line CAS Exemption Adjustment 8) Description of Existing i na Uses (number and type of existing st ibotures; approximate sq. ft. ; number of beck; any previous approvals granted to the Party) - One (1) single family home on Stunda's property, one (1) duplex on Nitze':: property. 9) Description of Development Application Lot line adjustment to reflect over 25 yParS „Sarre by Nitze and his predecessors in interest of approximately 500 square feet. 10) Have you attached the following? X Response to Attachment 2, Mi n i n an Submission Contents X Response to Attacim exit 3, Specific admission O ntents X Response to Attachment 4, Review Standards for Your Application SUBDIVISION EXCEPTION APPLICATION I. Introduction. The Applicant, William Nitze, owns the real property located at 420 West North Street, Aspen, Colorado, legally described as Lots 14, 15, 16, 17, 18, 19 and 20, Block 101, Hallam's Addition, City and Townsite of Aspen. The Applicant requests this subdivision exception pursuant to Section 20-19(a)(4) of the former Municipal Code of the City of Aspen (the "Code") in order to permit a boundary change between two consenting adjacent landowners. Steven R. Stunda, who has signed this Application as the consenting adjacent landowner, owns the property legally described as Lots 11, 12 and 13, Block 101, Hallam's Addition, City and Townsite of Aspen, directly west of Applicant's property. Applicant is requesting this lot line adjustment for two reasons. The first reason is that Applicant or his predecessors in interest have used the appoximately 500 square feet which is the subject of this application exclusively for over twenty-five (25) years and Applicant wishes to memorialize his claim in adverse possession to such property. Secondly, Applicant wishes to construct a one -car garage on the southwest corner of his home, and to do so, he must be able to provide a five foot (5') side yard set back. On October 26, 1987, the Aspen City Council voted to exempt the construction of the garage, as well as other improvements to Applicant's property, from the R-6 zone requirements set forth in the revised Code. A copy of the City Council minutes from such meeting is attached as Exhibit "A" hereto. II. Subdivision Exception. The Code provides, in Section 20-19, that certain exceptions from the strict application of the provisions of the chapter on subdivision may be obtained under certain conditions. Section 20-19(a)(4) states that the planning commission may grant exceptions where undue hardship may result from strict compliance with the subdivision regulations. The section states that an exception may be granted for the purpose of adjusting a lot line between adjacent parcels or lots which may be under individually separate ownership if the following conditions are met: a. The applicant demonstrates that the purpose of the request is to permit a boundary change between consenting adjacent landowners; b. The adjustment will not directly or indirectly affect the development rights or permitted density on the property by providing the opportunity to create a new lot or parcel for development or resale purposes; • • C. Subsequent to the adjustment, the parcels or lots will continue to conform to the underlying area and bulk requirements of the zone district; and d. The applicant otherwise complies with all applicable zoning and subdivision regulations of the City of Aspen. A. Request for a Boundary Change Between Consenting Adjacent Landowners. As indicated on the subdivision exception plat attached hereto as Exhibit "B", the common property line between Applicant's property and Stunda's property is immediately adjacent to two concrete block walls. Applicant has been able to establish that he has a claim of adverse possession to that part of Stunda's property east of the wall. After being presented with evidence of such claim of adverse possession, Stunda agreed to join in this application as a consenting adjacent landowner to adjust the property lines between his and Applicant's property in order to reflect the change in ownership of the property caused by the claim of adverse possession. Both the existing property line and the proposed new property line are shown on the plat attached as Exhibit "B" hereto. B. No Affect on Development Rights or Permitted Density. The adjustment will not directly or indirectly affect the development rights or permitted density of either Applicant's property or Stunda's property by providing the opportunity to create a new lot or parcel for development or resale purposes. Applicant's property consists of approximately 18,627 square feet. Stunda's property consists of approximately 9,000 square feet. The property which will transfer from Stunda's ownership to Applicant's by reason of this boundary adjustment application is comprised of approximately 500 square feet. Although Applicant has no present intention to do so, prior to the transfer of property, Applicant could subdivide his property into three (3) lots, each of which would conform to the minimum lot area requirements of the R-6 zone district. The transfer of property will not give Applicant any additional development rights. Pursuant to an exemption from the new R-6 zoning requirements granted Applicant, Applicant is currently seeking a building permit to add an additional 1,613 square feet onto his 3,454 square foot duplex. A copy of the City Council minutes excepting such addition from the new R-6 zoning regulations is attached hereto as Exhibit "A". As the Applicant's duplex will exceed the allowable square footage under the new R-6 zoning regulations with the transfer of property included, the transfer will not permit Applicant to add any additional square footage onto his duplex. -2- • C. Conformance With Underlying Zone District. Subsequent to the adjustment, both Applicant's property and Stunda's property will continue to conform to the underlying area and bulk requirements of the zone district. The properties will each continue to exceed 6,000 square feet, the minimum lot size in the R-6 zone district in which the properties are located, and the boundary adjustment will not create any setback non -conformities, as demonstrated by the plat attached as Exhibit "B" D. Compliance With Applicable Zoning and Subdivision Regulations. This boundary change application is not subject to the Growth Management Quota System for this application is not seeking approval for any type of development activity. The Applicant has complied with the plat requirements of the subdivision regulations, and such plat is attached hereto as Exhibit "B". There are no other applicable zoning or subdivision regulations with which Applicant must apply. III. Conclusion. If this application is granted, Applicant will construct a garage as depicted on the improvement survey attached hereto as Exhibit "B". The garage will have a sideyard setback of five (5) feet, which was the setback required under the R-6 zoning regulations prior to the adoption of Ordinance No. 54, Series of 1987 amending the R-6 zoning regulations. As demonstrated above, this application complies with all other applicable zoning and subdivision regulations of the Code. Therefore, the Applicant respectfully requests the approval of this boundary line adjustment application. Respectfully submitted, ne Ellen Hamilton, Attorney for illiam A. Nitze -3- t Inhibit "A" • Special- Meeting- -- - - Armen -City Coumeii- --October 1-9, 1987 Drueding said 309 North Street is the addition of a new spa. Councilman Tuite moved to exempt 309 North Street; seconded by Councilman Isaac. All in favor, motion carried. Councilman Tuite moved to exempt 517 North street; seconded by Councilman Isaac. All in favor, motion carried. Mayor Stirling moved to exempt 308 West Hopkins for an interior remodel; seconded by Councilman Tuite. All in favor, motion carried. Drueding said 701 West Francis is a small addition, which will bring the building up to the maximum FAR of both new allowable and proposed. Councilman Tuite moved to exempt 701 West Francis; seconded by Councilman Isaac. Bob Ritchie told Council he has letters of support from his neighbors for this remodel. All in favor, motion carried. Drueding told Council 320 West Bleeker is a request to enclose an existing carport, which are exempt from FARs. The applicant has received a variance. Councilman Isaac moved to exempt 320 West Bleeker; seconded by Councilman Tuite. All in favor, motion carried. Drueding said 420 North street is an 18,627 square foot lot with 3454 square feet on the lot. The applicants want to add. 1500 square feet. They will be over the proposed FAR. Drueding told Council there have not been any permits issued on this. Bruce Sutherland pointed out the lot coverage with the addition is only 13.67 percent The bulk of the expansion is all at the rear of the lot and the impact will be negligible. Councilman Isaac moved to exempt 420 North street; seconded by Councilman Tuite. Councilmem�ers Isaac and Tuite in favor; Councilman Gassman and Mayor Stirling opposed. Motion NOT carried. Drueding said 717, 721 West Francis is currently 3 small houses that have been condominiumized. The applicants will reduce the non -conformity and convert this to a duplex. The FAR for a duplex is 4500, which they have applied for. This would not qualify under the new, proposed FAR. Drueding said the permit application was received last week. Ted Guy, architect, said the addition is predominantly a one-story link between the existing house at the alley and on the east. Guy said he has tried to do a lot with the architecture to reduce the bulk and the massive street profile. Guy said the schematic design drawings were approved in September. Regular Meeting----- - Aspen -City-Council - - October 26, 1987 C19 8 S RUDGET Cindy Shafer, finance director, recommended Council open the public hearing, take comments, and continue this to November 9, 1987. Ms. Shafer said the final adoption of the budget will depend on whether Council has a special election in December on the serial street levy. Mayor Pro Tem Fallin opened the public hearing. Mayor Pro Tem Fallin continued the public hearing on the 1988 budget until VII (n) after the discussion of the election question; seconded by Councilman Isaac. All in favor, motion carried. LOT --SPLIT - Marshall Councilman Isaac moved to table this until November 9, 1987, at the request of the applicant; seconded by Mayor Pro Tem Fallin. All in favor, motion carried. RESOL-IT3 7 - Exemption from Moratorium (Mayor Pro Tem Fallin left the room due to conflict of interest). Councilman Isaac said these are requests for exemption from the administrative delay. City Attorney Taddune said this resolution gives Council the opportunity to lift the moratorium for certain applications; this resolution relate to exhibit 1, not A. Taddune pointed out a list of the projects already exempted have been appended to the resolution. Nitze-j:�ect Andy Hecht, representing the Nitze's, presented photographs and told Council the Nitzes own over 19,000 square feet in the west end. Hecht said this is a very unique site because of the magnitude of the open space. This property is located between Third and Fourth on North. Hecht told Council this property received a variance from the Board of Adjustment because it was the Board's opinion the roof could be a different shape, have a greater impact and be higher under the Code than it would be if they granted this variance. The Nitzes requested a variance from the setback in the rear of the lot, and that was denied. Bruce Sutherland, architect, told Council the residence has 3454 square feet and the Nitzes would like to add 1613 square feet. Hecht pointed out there is a potential of a lot split with each lot containing a duplex. It could be two single family lots and each single family dwelling would be 3690 square feet, a total of 7380. Hecht told Council the Nitzes do not want to split the L Reavi-ar-fe-etrtlq --- ---- -Aspen f`ity -Council - October- 26, 1987 lot; however, they will in order to get the square footage they need. The Nitzes are proposing a garage which will further exacerbate the setback under the new Code provision but would be permitted under the old Code. The Nitzes want to add square footage in the rear and the rest of the lot remains open. The Nitzes are willing to say as long as the house stays on the lot, they will not seek a lot split or further development. Hecht showed how little the house will show from the street and from the rear of the lot. Hecht told Council the new Code provisions allows 20 percent site coverage; the Nitzes will have 13.67 with the addition. There is more floor area than allowed and the building does not quite meet the setbacks. Hecht said the setback on one side is 5 feet and the neighbor is aware a garage will be built there. In the back, the setback will be 15 feet. Councilman Tuite moved to exempt the Nitze project as plans currently exist in the building department; seconded by Council- man Isaac. All in favor, with the exception of Councilman Gassman. Motion carried. Councilman Tuite said the FAR of this project was below the FAR in the present code. Councilman Tuite said it is not his intention to harm anyone, and he does not feel this project is one of the ones the west end is having problems with. Hecht said they have been working on this for 2 years and did not try to rush the plans into the building department. Tux-l-ey-Project Andy Hecht, representing Turley, told Council his client has been working on these plans since April but got them to the building department the day after the moratorium was invoked. Hecht told Council Turley was the subject of a lot split granted by Council, which was reviewed for setbacks and preservation of trees. Hecht told Council this is located at the corner of Roaring Fork road and Gillespie. Hecht said a require- ment of the plans was to have a large yard, to preserve the trees, which was a requirement of the lot split approval, the lot split approval also stated there would have to be a minimum of 25 feet from Gillespie along Roaring Fork road before any improve- ments started. The lot split approval also said access had to be on Roaring Fork Road. Turley's instructions to the architect were the structure to be consistent with the historical charac- ter, the garage was not to be on Gillespie, a limited structure. Hecht told Council the FAR would be in compliance if Turley takes the porch off. Hecht said he does not feel the porch should be counted, but the building department does. The porch is an important architectural detail. The undersigned, William A. Nitze, owner of that certain real property legally described as Lots 14, 15, 16, 17, 18, 19 and 20, Block 101, Hallam's Addition, City and Townsite of Aspen respectfully submits and consents to the attached lot line adjustment application. William A. Nitze -4- i 0 The undersigned Steven R. Stunda, owner of that certain real property legally described as Lots 11, 12 and 13, Block 01, Hallam's Addition, City and Townsite o Aspen respectf ly submits and consents to the attached t line adjustm t application. R. S T -5- • CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 2%I _ DATE COMPLETE: PROJECT NAME Project Addr APPLICANT: Applicant Address: REPRESENTATIVE Representative PAID: ---------------- NO AMOUNT: 1) TYPE OF APPLICATION: 1 STEP: V 2 STEP: 2) IF 1 STEP APPLICATION GOES TO: P&Z CC 3) PUBLIC HEARING IS BEFORE: PAR L ID AND 7-� NO. -Cn �8 STAFF MEMBER - g -Q HEARING DATE: VESTED RIGHTS: YES NO P&Z CC V N/A DATE REFERRED: �JT-�� f �(1 J INITIALS: Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: Staff Approval: Consent Agenda: Paid: Date: REFRRALS : — City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Fire Chief B1dg:Zon/Inspect Envir. Hlth. Roaring Fork Roaring Fork Aspen Consol. Transit Energy Center S.D. Other FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer Bldg. Dept_ Other: FILE STATUS AND LOCATION: ASON/PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, OO 81611 (303) 925-20 This is to inform you that the Planning Office has completed its preliminary review of e captioned application. We have determined that your application 4-C NOT oompl ete. Additional items required include: Disclosure of Ownership (one copy only needed) Adjacent Property Owners List/Envelopes/Postage (one copy) Additional copies of entire application Authorization by owner for representative to submit applica- tio n Response to list of items (attached/below) demonstrating compliance with the applicable policies and regulations of the Code, or other specific materials A check in the amount of $ V A. Your application is complete and we h e h 'uled it for review by the �_i on _ We will call you if we need any additional inf r on prior to that date. Several days prior to your hearing, we will call and make available a copy of the memorandum.. Please note that it IS NOT your responsibility to post your property with a sign, which we can provide you for a $3.00 fee- B. Your application is incomplete, we have not scheduled it review at this time_ When we receive the materials we have requested, we will place you on �e next available agenda. If you have any questions, please call the planner assigned to your case. Sincerely, A$PEN/PITRIN PLANNING OFFICE z ..�-+�RO/L�Hr✓IENr L/C1�N5E /4•�4 — '�Y/C(PTrON � P2cVFKT� y � LF54e �� - EXIhTIti� HCI�i?=. m NITZE LOT LINE ADJUSTMENT PLAT IS 82�27'Og"E, 252.1a' vA�T�D '`ALLEY HALL^(,,(•5 .,Or jlTl -- z � z IT Iz 1✓ S � 3 3M �C I� n I� l0 1 1 olz J W° 1Z I41 I N.6 xi 5� I'L 1 2) o�/PTjo I J �p 4 Nt .,.• 1 R •� . � �, �.� , _,. SIN LIcEN OWNERS CERTIFICATEL "Ise _ 5705 �, P KNOW ALL MEN rM THESE. t'RE5E1JT5 THAT WILLIAM A. NITZE AND 4'"w STF-VE-N K. STUNJQA I3EINv THE OWNERS OF "TPAZT CERTAIN FKIEAL PR0PERT1I AS 5HC7NN ON TEAS PLAT HAVE rY1 THESE. PKESi✓NTS 51-)I'5plVIDE-P AND AMENDED THE COMMON 5OUNDA II LINE A5 SttOWN HEREON, EXECUTED THlS DAI( OF , 1988. WILL(^M A. NITZE, OWNED STEVF=-FBI FZ. STUNI7A, OWNEP-, STATE OF G01-OrvNDO1 COUNT`( OF PITKIN 5 5 T(-fE• FOREGOINC, WAS -2WORN AND TO nF-FOFZ.E ME T1415 l7A1I bP 1,188, Pit WILLIAM A. NITZE, WITNESS M1 HAND ANP OFFICIAL SEAL. M'1 C,OMMt55(ON Ex PIKES' NOTAR`f rU13LIC STATE OF C DLC)K^ � 5.5. CCUNT1( OF FIT<I N THE FOREGOINCv WA-2 SWORN AND SUf35GR1(5EC7 TD t3EFOFZE. ME THIS DA`t OP- 1188, IS'f STEVI=N K. STU*aDA . WITNE�i M`I (-tf`` P AND (Off IC (AL SEAL. M`f CAMM 15S (OM EX P I RE5- NOTICE: According to Colorado law you must commence any legal action' oared upon any detect in this Survey within six years after you first drscovar such defect. In no event may any action teased upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon N40 AR11 PU(3LIC I.63, TITLE CERTIFICATE PROPO�iFJ� GARAGE 15 (c1-1�okC�MeN7 act G PEE 326 I, VINCr-WTtJHIGE1,-lS, PIZESII7ENT PITKIN C.OUNT`I TITLE INSURANCE COMPAN"l, INC. , A LICENSED TITLE. 1NSUFZANCCE AGENT IN THE `JTATE- OF COLOR�DO, C;o HEREP�`i CE97-W11 THAT THE KECOR� OF PITKIN COLaVrH SHOW ALL OF THL PIZOPEtzTti SHOWN HMEON I5 OWNEP FREE /A NO CLE /N", OF ALL LIE") A1JD F—NCUN1P5RAI-ICES AfJD IN FEE SIMPLE 13'1 W I L L IAM A. NITZE. A5 TD LOTS (•4 TH- ( 20, r5LOC(C 101, HAL LAM -�, ADOMION TO THE G1TI ^rilP TOWNSITE. OF ASPEN, ANO 17>1 5TEVEN K.5-FUNPA AS TO LOT-5 11, l2 4 1-5, BLOCK 101, HALLAM'S APPITION TO THE CIT-( AND-faVvNSITE OF ^LTHC)" WE P5E.LIEVE THE FACTS SATED ^KF- TRUE, THIS C-F-KTIFICATE lh NOT TO 13E CCNSTftUED AS AN Ap,STKPCT OF TITLE, NOK AN OPINION OF T(TLE, NOK A GKANT OF TITLE, Af4rD IT I`2 LVfJDEKST000 AND A&MF-E-D TH/lT PITKIN COUNT`( TITLE INSURANCE C:OMPAN`1, (WC. 1,14EITHE.fZ ASSUME`) IJOK WILL PEE CHARGED WITH AN`( FINANCIAL OP)LIGATION M L(INNI-IT`( WHATEVEIZ ON AfJ`t STATEMENT CONTAINED HMEIN. ( r'OLIC°( N'. PCT- 61-4- 85 C-2 , DATED 2 11 8G ANc) POLIGi No. PCT-1(<43, 12ATED VIW-E.Kr J 1ItC�ENS, PRESIDENT PITKIN COUK761 TITLE INSURANCE comr/ 1J`t, ING. STATE Of COLO(ZADO 5.5. COUI4T°t OF PITKIN THE FgZEGOING WAS SWORN AN17 SUt C_KIi3ED TO ME TI I(S r2A11 OF , 1188 !31f VI'NC-E� J. HIGGf=-NS Ay PKESIDENT' OF PITKIN COUNT( TITLE, INSUgA E. COMPAN`f, ING. WITNESS M11 HANf7 ANl7 OFFICIAL SEAL--. MK COMMISSION EICPIFtES: Alpine Surveys, Inc. post Office Box 1730 Aspen, Colorado 81612 303 925 2688 NDTAR`( PUt3L(C 17 to ASPEN CITY COUNCIL APPROVAL IN -rHI`2 PLAT OF THE NITZE LOT LINE. ADJUSTMENT WA5 APPROVED f5`1 THE. GIT&( CJF ASPEN G1Tl COUNCIL ON THir PA'1 OF i'l66, A5 EXCEPTION, 5(Gr�t=b rt Il5 DA`t OF t188 13111 MA11OZ ATTEST GlT'1 CLERK CITY ENGINEERS APPROVAL I, JA'1 HAMMOND CIT4( E-NGINEEK FOK THE. CIT°f OF ASPEN, COl_OKA4--)0, PO HE-KE13L1 APPKOVE THIS PLAT OF FJITZE. LOT LINE APJUSTMENT, SICK N Et7 TI t lS DAct OF I �I t5n, GITK EN6l NF_ECZ Surveyed to 12 87 s.N. Revisions 3.24 56 Drafted 3 4 SS IDK. 5 2G 88 CP Cv � ) I N O 5 10 20 30 -40 FEET SGALE- I" � f0' 15A515 OF 13EAK(NC 5 FOUND MONUNIEI� AS SHOWN. 20 M17 UP L5 q/a, SURVEYOR'S CERTIFICATE I, J/MES F. IzE5ER, HE-FEr:�ff CEIKTI-F°( THAT IN APIZZIL, M130; MA'1, I`tb3 ANC) OCTb13E.FZ, 11I157 A SERIES OF 5L)K\/EWr✓1ZE. PI-KFO(CME-1D UNrJE.K M% e5uFT-ZV1510FJ OF THE TH HALF 0P 5LOC1� 101, HALLAMS ADf mot-4 TO THE C (T1t AND-r0WNSITE OF f'`SPEN, COLOPF, J , ,°S SHOWN HEKEON1, ( NOTE: r50UNI7ARIE.5 CL05E, WITH ACCUCAC`( OF 1! I0C)00), ALPINE SUfZ /EYO INC, 1`151t: J-A✓IES F KESEK MA(zGH Keel L5. `I1e4 CLERK & RECORDERS CERTIFICATE Tl-I(S PLAT WAS FILEf7 FOFZ KE(-OKr-) IN THE OFFICE OF THE CLE-KK AND IeECOKr-)EfT- AT _O'CLOCK _M., THE 12A`( OF IN THE. YEA(Z OF A-40 115 RECOKDEP IN PLAT 13C0K OtJ f'AC F , KEGEPTIOKI NUMCOEN, CLECZK f{IJD !K1✓COiZC�ET� P lTK1 N C,C"X.JNT`1, COLOfKP.(� Title L•OT ADJL5TMENT PLAT Job No 00 -14- Client Ni TZE