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MEMORANDUM
TO: Mayor Klanderudd and Aspen City Council
THRU: Joyce Allgaier, interim Community Development Director
FROM: James Lindt, Planner U L_
RE: Action Item- Amendment to Sandunes Lot Split- 815 W. Main St.
Resolution No.103, Series of 2004
DATE: October 12, 2004
PROJECT:
SANDUNES LOT SPLIT AMENDMENT- 815 W. MAIN
REQUEST:
The Applicant, Shadow Mountain Townhomes, Ltd, is requesting an
amendment to the Sandunes Lot Split in order to maintain a duplex
that was constructed in the required northern side yard setback by
establishing the side yard setback at 199699.
EXISTING ZONING:
R-15 (Moderate Density Residential) Zone District
LAND USE REQUESTS:
Lot Split Amendment
STAFF
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
City Council approved a Lot Split in October of 2000 (ordinance attached as Exhibit A)
for the property located at 815 W. Main Street (southwest corner of 7th Street and Main
Street). As part of the Lot Split approval the Applicant was allowed to construct a
single-family residence on Lot 1 and a duplex on Lot 2. During the review of the lot
split application there was discussion about whether siting a duplex in conformance
with the regular R-15 Zone District setback requirements on Lot 2 would create
conflict with CDOT if the "straight shot" highway realignment were to be enacted.
Additionally, there was discussion as to whether setting the structure back further
from Main Street than the required R-15 Zone District setback of ten (10) feet
would provide a more consistent fagade with the other buildings on the block.
However, the ordinance was approved with language that simply required the R-15
dimensional requirements for both of the lots.
Subsequently, an administrative amendment (attached as Exhibit B) to the lot split
was approved in November of 2000. This amendment approved a twenty-five (25)
foot setback from the property boundary adjacent to Main Street on Lot 2 (the
corner lot with the duplex). The decision notice for the administrative amendment
was recorded after its approval by the Community Development Director.
After approval of the administrative amendment, the Applicant submitted a building
permit application to construct the duplex on Lot 2. As part of the building permit
-1-
application, the Applicant submitted copies of all the recorded approvals with the
exception of the administrative amendment increasing the required side yard setback to
twenty-five (25) feet. Since the administrative amendment was omitted, the Zoning
Officer had no indication that the duplex had to be constructed twenty-five (25)
from the northern property boundary. Consequently, the duplex, which was just
completed, was constructed 19'6" from the northern property line, instead of the
required twenty-five (25) feet.
The error was identified when a prospective buyer's attorney was conducting a review of
the title commitment that listed the administrative approval. The Applicant has requested
approval of an amendment (letter of request attached as Exhibit C) to the lot split which
would allow for the 19'6" setback in which the duplex was built to be established as the
required north side yard setback in order to bring the building into compliance with the
land use approvals for the site.
REVIEW PROCESS:
The administrative decision notice that was approved to establish the twenty-five (25)
foot setback from the northern property line also included a condition of approval that
required "any amendment to the approval to be considered by City Council".
Therefore, City Council may approve, approve with conditions, or deny the proposed
amendment request. Denial of the proposed amendment request would require the
Applicant to remove the portion of the structure that encroaches into the twenty-five (25)
foot setback.
STAFF COMMENTS:
Staff is of the opinion that the request meets the requirements of an insubstantial
amendment in that the root of the setback problem was that a technical error was made in
not being aware of the administrative amendment that established the twenty-five (25)
foot setback requirement. "
Even though the "straight shot" highway realignment was voted down by the electorate,
Staff feels that the 19' 6" setback for the northern property line to which the duplex was
constructed would still be sufficient to accommodate the "straight shot" realignment if it
is ever revisited. The location in which the duplex was constructed also provides a more
consistent street fagade relationship with the other structures located along Main Street in
the immediate vicinity. The twenty-five (25) foot side yard setback that was required in
the 2000 administrative approval would set the structure back from surrounding
structures. Finally, the R-15 Zone District allows a ten (10) foot setback, the condition
was administratively placed on the lot split, but otherwise the development would comply
with zoning.
RECOMMENDATION: .
Staff recommends that City Council approve the attached resolution approving an
amendment to the Sandunes Lot Split to allow for the duplex constructed on Lot 2 of the
Lot Split to be maintained as constructed, with a 19'6" north side yard setback.
-2-
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RECOMMENDED MOTION:
"I move to approve Resolution No.IO3 Series of 2004, approving an amendment to the
Sandunes Lot Split to establish a north side yard setback of 19'6" on Lot 2, of the
Sandunes Lot Split, City and Townsite of Aspen, Colorado."
CITY MANAGER'S COMMENTS:
ATTACHMENTS
EXHIBIT A - ORDINANCE No. 43, SERIES OF 2000
EXHIBIT B - 2000 ADMINISTRATIVE AMENDMENT
EXHIBIT C- LETTER OF REQUEST FOR AMENDMENT
EXHIBIT D- CITY COUNCIL MINUTES FROM 10/23/00
EXHIBIT D- APPROVED BUILDING PERMIT PLAN
EXHIBIT E- AS -BUILT SURVEY OF THE PROPERTY
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RESOLUTION NO. 103 ` d
(SERIES OF 2004)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO
THE SANDUNES LOT SPLIT LOCATED AT 815 WEST MAIN STREET, APPROVING A
NORTH SIDE YARD SETBACK OF 19'6" ON LOT 2, OF THE SANDUNES LOT SPLIT,
CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID 92 735-123-17-002
WHEREAS, the Community Development Department received an application from
Shadow Mountain Townhomes, Ltd, represented by John Kelly of Oates, Knezevich &
Gardenswartz, requesting an amendment to the Sandunes Lot Split to allow for the duplex that
was constructed on Lot 2 of the Lot Split to be maintained as constructed with a northern side
yard setback of 19'6"; and,
WHEREAS, City Council approved Ordinance No. 43, Series of 2000, approving the
Sandunes Lot Split on October 23, 2000; and,
WHEREAS, Ordinance No. 43, Series of 2000, applied the R-15 Zone District's
dimensional requirements to the Lot Split; and,
WHEREAS, the Community Development Director approved an administrative
amendment to the Sandunes Lot Split in November of 2000, establishing a twenty-five (25) foot
northern side yard setback on Lot 2, of the Sandunes Lot Split; and,
WHEREAS, the Community Development Department Director has reviewed the
request and recommends approval of the proposed amendment; and,
WHEREAS, during a public meeting on October 12, 2004, the City Council approved,
by a five to zero (5-0) vote, an amendment to the Sandunes Lot Split establishing a 19'6"
northern side yard setback on Lot 2, of the Sandunes Lot Split; and,.
WHEREAS, the Aspen City Council has reviewed and considered the request pursuant to
the applicable provisions of the Municipal Code, has reviewed and considered the recommendation
of the Community Development Director; and,
WHEREAS, the Aspen City Council finds that the request meets or exceeds all applicable
development standards and that the approval of the request, with conditions, is consistent with the
goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen City Council finds that this Resolution furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY
COUNCIL as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Lot
Split amendment to establish a 19'6" northern side yard setback on Lot 2, of the Sandunes Lot Split,
is hereby approved.
Section 2•
This Resolution shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
APPROVED by the Aspen City Council at its regular meeting on October 12, 2004.
APPROVED AS TO FORM: ASPEN CITY COUNCIL:
City Attorney
ATTEST:
Kathryn Koch, City Clerk
Helen Kalin Klanderud, Mayor
EVA I � I' � 11�-- //
LAW OFFICES OF
OATES, KNEZEVICH & GARDENSWARTZ, P.C.
PROFESSIONAL CORPORATION
THIRD FLOOR, ASPEN PLAZA BUILDING
533 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611
LEONARD M. OATES
RICHARD A. KNEZEVICH
TED D. GARDENSWARTZ
DAVID B. KELLY
OF COUNSEL:
JOHN T. KELLY
MARIA TICSAY
September 28, 2004
Ms. Julie Ann Woods
Director of Community Development
City of Aspen
130 S. Galena
Aspen, CO 81611
Re: Shadow Mountain Townhomes
Dear Julie Ann:
TELEPHONE (970) 920-1700
FACSIMILE (970) 920-1121
ImoasstCokpiaw.com
VIA HAND DELIVERY
This office represents Shadow Mountain Townhomes, Ltd., the owner of the Shadow Mountain
Townhomes which was formerly known as Lot 2 of the Sandunes Lot Split. The Lot Split was approved
pursuant to the Ordinance 43 Series of 2000. This Ordinance, as part of the approval, adopted all
dimensional requirements of the R-15 zone. No mention was made of any increased setback in the approval.
Then, several months later, the City and the then owner entered into a "Notice of Decision" which created
a 25' side yard setback for Lot 2 of the Sandunes Subdivision. All of this occurred between August and late
November of 2000. Copies of the Ordinance and Notice of Decision are attached. I have also attached a
map showing the exact location of the duplex prepared by Aspen Survey Engineers.
Over the past year or so a duplex has been constructed by our client on Lot 2 Sandunes and Map and
Declaration have been recorded for the Shadow Mountain Townhomes all of which were approved by the
City. Permits were issued, the Map and Declaration were recorded pursuant to City regulations and a
temporary C.O. has been issued for one unit. Unfortunately, it is apparent that neither the City nor our client
were aware of the increased setback. Our client built and the City approved the construction of the
Townhomes as shown on the attached map rather than 25' from the main street side yard setback required
by the attached Notice of Decision. Since the Notice of Decision requires Council approval for any change
to the document, our client requests that Council authorize the Amendment of the setback from 25' to the
actual location of the duplex as constructed. We feel this is fair based on the following:
1. Both the City and my client were unaware of the increased setback at time of permitting and
platting. Both relied on Ordinance 43 Series 2000. Apparently the City's Zoning File was incomplete.
OATES, KNEZEVICH & GARDENSWARTZ, P.C.
Ms. Julie Ann Woods
Director of Community Development
September 28, 2004
Page 2
2. Our client could certainly have complied with the Notice if it had been aware of it. There was
plenty of room on the Lot and it would have been foolhardy not to have complied given the size of the
financial commitment. It was a simple mixup as a result of lack of knowledge of both parties. No size or
intensity increase resulted from the mixup and both the City and my client acted in good faith.
Thank you for your cooperation in this matter. As we spoke, closing proceeds are in escrow and it
is costing over $4,000.00 for each two week extension of closing due to the Buyer's loan commitment.
Please give me a call as to how I should proceed from here.
Very Truly Yours,
OATES, KNEZEVICH & GARDENSWARTZ, P.C.
John T. Kelly
cc: Daniel J. Martineau
Joseph E. Edwards, III
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DATE !OB
9/O4 291621
449209 11/28/2000 002 ORDINANC DAVISI II'I I"I
SILVI
1 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO
ORDINANCE NO.43
(SERIES OF 2000)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
SUBDIVISION EXEMPTION LOT SPLIT FOR LOTS 1 AND 2 OF THE
PROPERTY TO BE KNOWN AND DEDICATED AS THE SANDUNES L. P.
ANNEXATION LOCATED AT 815 WEST MAIN STREET, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel ID: 2735-123-17-001
WHEREAS, the Community Development Department received an application
from Susan Horsey, applicant, represented by Jennifer Causing for a Subdivision
Exemption Lot Split for Lots 1 and 2 of the Sandunes L. P. Annexation located at 815
West Main Street, City of Aspen, Pitkin County; and
WHEREAS, pursuant to Sections 26.480.040(B), the Aspen City Council, in
accordance with the procedures, standards, and limitations of this Chapter, shall by
ordinance approve, approve with conditions, or disapprove a development application for
a Subdivision Exemption Lot Split, after recommendation by the Community
Development Department, pursuant to Section 26.480.040(B); and,
WHEREAS, the Community Development Department reviewed the application
for a Subdivision Exemption Lot Split for Lots 1 and 2 of the Sandunes L. P. Annexation
located at 815 West Main Street, City of Aspen, Pitkin County, Colorado and
recommended approval; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Community Development Director, the
applicable referral agencies, and has taken and considered public comment at a public
hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and, _
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Subdivision Exemption Lot Split for Lots 1 and 2 of the property to be known and
dedicated as the Sandunes L. P. Annexation located at 815 West Main Street. City of Aspen,
Pitkin County, is approved with the following conditions:
���,, � �F.jV
12 APR 0 8 2003
ASPEN
1. That the applicant agrees that land use approvals decided upon in this application
for Subdivision Exemption Lot Split for Lots 1 and ?of the Sandunes L. P.
Annexation are contingent upon successful annexation and rezoning to R-15 of the
Sandunes L. P. Lots 1 and 2 into the City of Aspen. Failure of this annexation into
the City of Aspen shall render all land use approvals by the City of Aspen null
and void pursuant to this Ordinance;
2. That the applicant submits a drainage mitigation plan meeting with the approval
of the City Engineering Department to address temporary sediment control and
containment plans for run-off for the construction phase and erosion control, soil
stabilization, and re -vegetation in disturbed areas;
3. That the applicant shall install a sprinkler system because the residence is larger
than 5,000 square feet as per the requirements of the City of Aspen Fire
Department;
4. That the applicant shall not line public roads with equipment or trucks during
construction. Enforcement by the Building Department may result in project
shutdown;
5. That the applicant submits a construction traffic maintenance plan to the
Engineering Department for approval;
6. That the applicant shall indicate the top of slope and a line drawn at a 45 degree
} angle from top of slope for the stream bank by a Professional Land Surveyor
using the three point method;
7. That the applicant submit adequately scaled site cross sections performed by a
Professional Land Surveyor;
8. That the applicant submit a site survey which is dated within the past 12 months
and fully represents the easements of record;
9. That the applicant shall not track mud onto City streets during construction. A
washed rock or other style mud rack must be installed during construction;
10. That the applicant delineate and place appropriate construction and silt fencing at
the 15-foot setback line from the top of slope which shall remain untouched and
unaltered during and after construction;
11. That the building envelope previously determined by Pitkin Counvy be revoked
upon annexation into the City and that the applicant shall adopt all dimensional
requirements set forth in the R-15 zone district;
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449209 11/28/2000 02:26P ORDINANC DAV4,SRSIL 12003
2 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTI� CO
ASPEN
BUILDING DE A
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12. That the applicant agrees to acquire all necessary approvals from the City of
Aspen in the event that the ditch running through the property is requested to be
turned off for construction;
I I That no lining or placement of large rocks in the ditch is allowed;
14. That no storage of construction materials occur within the dripline of existing
trees and that construction fencing be installed to protect all existing trees, and
that no excavating within the dripline of existing trees occur;
15. That the applicant grant a fishing easement for Castle Creek to the City of Aspen;
16. That the applicant submit a utility plan to the City Utility Department prior to the
application of a building permit; -1
17. That the applicant enter into a new raw water agreement with the City Water
Department for the lot. Two separate agreements will be required to show the
applicable square footage to be irrigated on each lot;
18. That as a result of the Colorado Department Of Transportation (CDOT) State
Highway 82 realignment (EAP) in the near future, water service for the new lot
may be received from 7th St;
19. That the current service tap for the lot containing the old barn structure shall be
abandoned in accordance with City standards;
20. That a new 8" service line be installed from 7th Street as required by the Aspen
Consolidated Sanitation District (ACSD) because the existing sewer service lines
are inadequate to allow proper additional flow from the new structure.
Additionally, the applicant shall present detailed sewer service plans to ACSD so
that an accurate estimation of fees is calculated; and
21. That the applicant shall grant a suitable and practical sewer easement from the 8"
service line which shall be installed from 7`" Street -in order to provide adequate
sewer service to the Bruce Berger property. This shall be accurately shown and
described on the final plat as recorded in the Pitkin County Clerk and Recorder's
office prior to the application of building permits.
Section 2:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
1111111111111111111111111111111111 HE III HE IIII III
449209 11/28/2000 02:26P ORDINANC DAVIS SILVI
3 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO
E
C E
E Section 3:
r If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on this 28d' day of August, 2000.
Attest:
�1 .. F f
Kathryn S. ch, City Clerk
A
JCS
hel Richards, May
FINALLY, adopted, passed and approved this 23rd day of October, 2000.
�.tiIst^ *.
Kathry:ntV ch, City Clerk
Approved as to form:
John orcestor, City Attorney
111111111111111111 ME 1111111111111111111111111111111
449209 11/28/2000 02:26P ORDINANC DAVIS SILVI
4 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO
CAMy Documents\Current Cases\Sandunes\Lot Split Annexation\SandunesMemoCC4.doc
F r f
15
APR 0 8 2003
ASPEN
BUILDING' DEPARTMENT
Sep.22. 2004 1:49PM ul"IERT S. KLEIN. P.C.
NorcE op DEcism
TO: Susan Horsey
FROM: Fred Jarman, Planner (J'
No•5591 P•
RE: Sandune9 L.P. Annexation: Lot 2 Sideyard Setback Adjustment
DATE: November 29, 2000
StlMMARY.
As a condition of the adoption of the Sandunes L.P. Annexation and Lot Split, Susan
Horsey, current owner of the property known as Lots 1 and 2 of the Sandunes L. P.
Annexation located at 815 West Main Street, was requested by City Council to work with
the Community Development Staff to draft an agreement which would increase the
required sideyard setback for the north side of Lot 2 in order to provide more space from
the buildable Rortion of the lot and the Main Street corridor. This was to be completed by
November 30 , 2000.
The subject lot is zoned R-15 which requires a minimum sideyard setback of 10 feet.
After meeting with the applicant, Staff has agreed that a 25-foot sideyard setback (which
is an increase of 15 feet) is 1) sufficient enough to provide a reasonable buffer from the
Main Street corridor and 2) continues to maintain a relatively consistent street facing
fagade line with other buildings in the area.
"building envelope" which respects the R-15 zone district dimensional requirements
with the exception of the north sideyard setback that has been increased to 25 feet.
1111111111111111111191111111111111111111111111 IN IIII
449227 11/29/2000 01.14F NOTICE DAVIS SILVI
i of 2 R It-N 0 0.06 N 0.00 PITKtN COUNTY Co
Sea,22. 2004 1:49PM ERT S. KLEIN, P.C.
N o - 5 5 9 1 P. 2
COMMUr4IT1' DEVELOPMENT DIRECTOR
The Community Development Director finds the adjustment to the north sideyard setback
from the required 10 feet to 25 feet to be an appropriate and sufficient setback as outlined
in this Notice of Decision for Lot 2 of a property located in the R-15 zone district and
known as the Sandunes L. P. Annexation located at 815 West Main Street, City of Aspen,
Pitkin County, Colorado with the following conditions:
I . That the applicant shall agree to the described terms in this Notice of Decision
and that, in the event the applicant wishes to deviate from the approved
modifications represented in this memorandum, the applicant shall return to the
City of Aspen City Council with any request to modify the terms of this request
prior to taking any action on any development of Lot 2;
2. That the applicant agrees to comply with provisions in the City of Aspen
Municipal Code as they apply to any proposed development; and
3. That the applicant shall record this Notice of Decision agreement in the office of
the Pitkin County. Clerk and Recorder. Failure on the part of the applicant to
record the agreement within one hundred eighty (180) days following approval by
City Council shall render the plat invalid and reconsideration of the plat by the
City Council will be required for a showing of good cause.
Applicant's Signature of
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;;;La Woods, Community Development Director
449257 li/2!/2M 01:14P NOTICE DAVIS SILVi
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