HomeMy WebLinkAboutcoa.lu.ec.Lots D-I-Blk 28.52-805a $o
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+ No. 52-80
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE SUBPAITTED: September 3, 1980 STAFF:) n1ene Vrchnta
2. APPLICANT: William G. Clark
3. REPRESENTATIVE: Chuck Brandt, Holland and Ha
434 East Cooper
Aspen
4. PROJECT NAME: Clark/Parker Subdivision Exception
5. LOCATION:
6. TYPE OF APPLICATION:
Rezoning
P.U.D.
Special Review
Growth Management
HPC
7. REFERRALS:
x Attorney
x Engineering Dept.
Housing
Water
City Electric
8. REVIEW REQUIREMENTS:
x Subdivision
x Exception
Exemption
70:30
Residential Bonus
Sanitation District
Fire Marshal
Parks
Holy Cross Electric
Mountain Bell
Stream Margin
8040 Greenline
View Plane
Conditional Use
Other
School District
Rocky Mtn. Nat. Gas
State Highway Dept.
Other
9. DISPOSITION: '
P & Z� Approved V Denied Date
1< 1 I 1<
0
Council Approved�� Denied Date
Move to approve subdivision exception for a lot split which
_ results in two parcels in Block 28, Aspen Townsite; one to
include Lots D and E, the second to include Lots F, G, H, I.
_ Such approval is conditioned on the owner/applicant deed
restricting both parcels to join a sidewalk, 'curb and gutter
_ improvement district in the event one is formed. Further,
previous condominiumization approval shall be amended to
include Lot F in addition to Lots G, H, I.
10. ROUTING:
Attorney v Building Engineering Other
MEMORANDUM
TO: Aspen Planning and Zoning Commission
Aspen City Council
FROM: Jolene Vrchota, Planning Office
RE: Clark/Parker Subdivision Exception
DATE: October 16, 1980
APPROVED AS TO FORM FOR CITY COUNCIL:
Zoning: R-6
Location:
Lots D,E,F,G,H,I; BYdck 28, Aspen Townsite
Lot Size:
18,000 square feet
Request and
Mr. and Mrs. William G. Clark recently condominiumized
History:
their residence and the adjoining carriage house located
on the corner of West Francis and Fourth Streets. They
have now contracted to purchase three adjoining lots to
the west, which results in a total parcel of 18,000 square
feet. The owners are now requesting an exception from
full subdivision procedures (under Section 20-19) to per-
mit the division of the six lots into two parcels such
that D and E (with one single-family residence) are separate
from F, G, H and I.(The parcel with Lots D and E will be
sold separately.) (Note that this explanation differs from
the one given in the attached application.)
Engineering
Recommend approval subject to two conditions included in
Comments:
September 18, 1980 memo. See attached.
Attorney's
Comments:
No comment.
Planning Office The Planning Office agrees that the land use impact will
Recommendation: not be increased, and in fact will be decreased, given the
new configuration of lots. The parcel consisting of
D and E will be allowed only a single-family residence
while a duplex would be allowed if F remained in the par-
cel. The four remaining lots will only be allowed two
single-family residences (as currently allowed) because
4,500 square feet are required per dwelling unit. There-
fore, it is recommended that the subdivision exception for
a lot split be granted subject to the Engineering Depart-
ment conditions in the memo dated September 18, 1980.
Further, that approval should be subject to a simultaneous
approval of a change in the condominiumization of Lots G,
H and I such that Lot F be incorporated in that condomin-
iumization to clarify ownership.
CITY COUNCIL: Note that the City Planning and Zoning Commission will
consider this item on October 21, 1980, and the Planning
Office will report on their recommendation at the City
Council meeting on October 27.
This item is before City Council for final plat approval.
WASHINGTON, D. C. OFFICE
187S EYE STREET, N. W.
SUITE 1200
WASHINGTON, D. C.20006
TELEPHONE (202) 466-7340
CHARLES T. BRANDT
(303) 92S-3476
HAND DELIVERY
HOLLAND & HART
ATTORNEYS AT LAW
MOUNTAIN PLAZA BUILDING
434 EAST COOPER STREET
ASPEN, COLORADO 81611
TELEPHONE (303) 925-3476
August 22, 1980
City of Aspen
Planning & Zoning Commission
c/o Karen Smith
City/County Planner
130 S. Galena
Aspen, Colorado 81611
Dear Karen:
DENVER COLORADO OFFICE
555 SEVENTEENTH STREET
SUITE 2900
DENVER,COLORADO 80202
TELEPHONE(303) S75-8000
This firm represents Mr. and Mrs. William G. Clark who
recently condominiumized their residence and the adjacent car-
riage house situated on Lots G, H and I, Block 28, City and
Townsite of Aspen. Mr. Clark has recently contracted to purchase
the adjacent three lots, Lots D, E and F, Block 28 from Barbara
B. Parker.
An exception from the subdivision regulations of the City
of Aspen is hereby requested pursuant to Section 20-19 of the
Aspen Municipal Code in order to permit the division of the
three Aspen Townsite Lots into two separate parcels. The two
desired parcels are: (1) Lots D and E, which includes the
Parker residence and (2) Lot F. Simultaneously and as a condi-
tion thereof (if so desired by the Aspen Planning & Zoning
Commission and the City Council), Mr. and Mrs. Clark intend to
place Lot F under the condominium regime recently established.
In other words, the condominium map and declaration for Clark's
Addition, A Condominium, will be amended to include Lot F.
This will avoid the creation of a single, nonconforming lot by
subdivision contrary to Section 24-12.7 of the Aspen Municipal
Code.
• HOLLAND & KART •
City of Aspen
August 22, 1980
Page Two
The following grounds are offered in support of the
subdivision exception request. First, the proposed divi-
sion of land will in effect reduce the permitted density.
Presently, Lots D, E and F, Block 28, permit a second
dwelling unit to be constructed in addition to that presently
situated on the property. By granting the exception to split -
off Lot F, and placing it under the condominium status of Lots
G, H and I, the second unit would be prohibited on Lots D and
E as they have insufficient lot area to support a duplex.
Second, no additional density would be created on Lots
F, G, H and I; only additional open space would be added to
the present condominium status of that property.
Third, the proposed division of land (three city blocks
into two separate parcels, the second of which would become
part of Lots G, H and I) is not within the intent and purpose
of the City of Aspen Subdivision Regulations as set forth in
Section 20-1, et seq. The division does nothing in and of
itself to violate the orderly, efficient and integrated develop-
ment of the City of Aspen, civic public services to be provided
by governmental improvement programs, nor does it violate any
of the stated purposes of the Subdivision Regulations as the
same are described in Section 20-2.
Fourth, since the property involved consist of lots
within the original Aspen Townsite, no good purpose would
be served for requiring the owner or purchaser of the property
to comply with the strict applications of the provisions of the
City of Aspen Subdivision Regulations.
Fifth, other owners of Aspen Townsite lots have been
permitted to convey fewer than all of the lots, freely before
the adoption of Section 20-4 and, by exemption or exception
thereafter. To deny an exception in this case would deprive
the owner of the reasonable use of her land and a substantial
property right, the right to convey a portion of her
property for use consistent with the City of Aspen Zoning Code.
• HOLLAND & HART •
City of Aspen
August 22, 1980
Page Three
Sixth, the granting of the exception will not be
detrimental to the public welfare or injurious to other
properties in the area as no additional density on either
of the property to be conveyed or retained will be permitted
under the current City of Aspen Zoning Regulations.
Accompanying this letter is our check in the amount of
$50.00 representing payment of the subdivision exception fee.
In addition, three prints of an improvement survey of Lots
D, E and F as well as two xerox copies of this letter are
being sent for circulation purposes in reviewing this exception
request. Should you wish prints of the Condominium Map of
Clark's Addition, please contact me.
Very truly yours,
Charles T. Brandt
for Holland & Hart
CTB/fh
Enclosures
cc: Mr. and Mrs. William G. Clark
Barbara B. Parker
MEMORANDUM
TO: Dan McArthur, City Engineer
Ron Stock, City Attorney v
FROM: Jolene Vrchota, Planning Office
RE: Clark/Parker Subdivision Exception (Lot Separation)
DATE: September 3, 1980
The attached application requests exception from regular subdivision require-
ments for the purpose of dividing six townsite lots into two parcels.
Mr. and Mrs. William G. Clark propose to purchase Lots D, E and F adjacent
to their Lots G, H, and I on Block 28 to create two parcels. This item is
scheduled to come before the Aspen Planning and Zoning Commission on
October 21, 1980 and possibly sooner; therefore, may I please have your
comments concerning this application no later than October 3, 1980? Thanks.
MEMORANDUM
TO: Jolene Vrchota, Planning Office
FROM: Jay Hammond, Engineering Office
DATE: September 18, 1980
RE: Clark/Parker Subdivision Exception, Lots D, E, F, G,
H, and I, Block 28, O.A.T.
Having reviewed the above request for subdivision exception
and made a site inspection, the Engineering Department has the
following comments:
1. In view of the rather outdated survey for lots D, F, and F,
a revised survey plat shall be submitted showing both new
parcels to be recorded as an addendum to the previous con-
dominium plat for lots G, H, and I.
2. The owner/applicant shall agree to join a sidewalk, curb
and gutter improvement district in the event one is formed
and so deed restrict for both parcels.
The Engineering Department recommends approval of the
Clark/Parker Subdivision Exception provided the owner/applicant
complies with conditions 1 and 2 above.
0 , ite - 0
CITY OF ASPEN
130 so4th galena street
aspen, colorado 81611
MEMORANDUM
TO: Jolene Vrchota, Planning Office
FROM: Jay Hammond, Engineering Office
DATE: October 20, 1980
RE: Resubmission of Survey Plat, Clark/Parker Subdivision
Exception, Lots F, G, H, anf I, Block 28, O.A.T.
This is an update to my memorandum of September 18, 1980
regarding the Clark Exception on west Francis. I have
received a new survey plat dated October 13, 1980 which
adequately describes the condominiumized property for lots
F through I.
The revised plat satisfies Item 1 on my previous memorandum;
and Item 2 regarding the sidewalk, curb and gutter improvement
district still applies.
• MEMORANDUM'
TO: Aspen City Council
FROM: Jolene Vrchota, Planning Office
RE: Clark/Parker Subdivision Exception
DATE: October 27, 1980
P&Z
Recommendation: P&Z, at a regular meeting on October 21, 1980,concurred with
the Planning Office recommendation. Further, the Commission
received a memo dated October 20, 1980 from the Engineering
Department stating that the applicant had satisfied the
first condition - to submit a new survey plat which
satisfies Engineering requirements.
City Council
Motion: Move to approve subdivision exception for a lot split which
results in two parcels in Block 28, Aspen Townsite; one to
include Lots D and E, the second to include Lots F, G, H, I.
Such approval is conditioned on the owner/applicant deed
restricting both parcels to join a sidewalk, curb and gutter
improvement district in the event one is formed. Further,
previous condominiumization approval shall be amended to
include Lot F in addition to Lots G, H, I.
to 1
6 P #It
3C►UK440
STATEMENT OF EXCEPTION FROM THE
FULL SUBDIVISION PROCESS FOR THE
PURPOSE OF DIVISION OF LOTS WITHIN THE
ORIGINAL ASPEN TOWNSITE INTO SEPARATE PARCELS
2481 1 6
LORETTA BANNER
PITKIN CTY. RECORDER
Re 22 2 26 PM'83
WHEREAS, the provisions of Section 20-19(a) of the
Aspen Municipal Code, as amended, provide that, following receipt
of a recommendation from the Planning Commission, the City
Council may except particular division of land from the full
subdivision process set forth in Chapter 20 of the Code, when, in
the judgment of the City Council, such division of land meets
certain conditions as contained in Section 20-19(a); and
WHEREAS, pursuant to Section 20-19(a) of said Code,
William G. Clark, d/b/a Hunter Street Associates Joint Venture,
requested such an exception for the subdivision of the real
property known and described as:
Lots 0, P, Q, R and S, Block 94,
City of Aspen, Pitkin County,
Colorado
WHEREAS, the Aspen Planning and Zoning Commission, at
its meeting held December 7, 1982, recommended approval of such
request, and
WHEREAS, the City Council (referring to an earlier
exception granted to this property by the Aspen City Council on
November 23, 1981) has confirmed that the proposed lot split is
within the requirements of Section 20-19(a) and should be
excepted from the full subdivision approval process.
THEREFORE, the Aspen City Council, pursuant to Section
20-19(a) of the Aspen Municipal Code, as amended, does hereby
determine and declare that the proposed subdivision of the
property above described into four (4) separate parcels to be
known as Lots 1, 2, 3, and 4, Pitkin Center Subdivision (a lot
split), is hereby excepted from the strict requirements of
Chapter 20 of the Aspen Municipal Code, subject to the following
condition:
As provided in Section 20-5(b) of the
Aspen Municipal Code, the lots described
below cannot be transferred without a
development allocation or credit. The
•' A
current commercial development credits
granted on November 23, 1981, by the
City Council for each lot are as
follows:
Lot 0 (Lot 1):
2,533.4
square
feet
Lot P (Lot 2):
2,758.25
square
feet
Lot Q (Lot 3):
1,997.35
square
feet
Lots R&S (Lot 4):
8,522.49
square
feet
The foregoing commercial development credits,
or portions thereof, cannot be transferred
among the five lots or cumulated on one lot
unless reviewed and approved by the City of
Aspen Planning Office. Said review shall be
made solely to ensure that each lot is not
left without a reasonable development right,
or, if no reasonable development right
exists, that a covenant is recorded to
prohibit the transfer of the lot without
first obtaining a development right. The
commercial development credits may be
increased if the owner of the lots competes
and obtains a commercial allocation for
additional square footage in accordance with
the applicable procedures from time to time
existing.
DONE this 27th day of December, 1982, by the Aspen City
Council at its regular meeting held on said date.
HERMAN EDEL, MAYOR
f�A&4�YN KOC , CITY CLERK
APPROVED AS TO FORM:
PAVLs TADNOL+_ C � .
Paul J. Taddune, 7�MF
City Attorney
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was duly acknowledged before
me this 14*" day of P--Upag, 1983, by HERMAN EDEL
and KATHRYN S. KOCH, personally known to me to be Mayor and
City Clerk of the City of Aspen, Colorado, respectively.
Witness my hand and official
seal.
My commission expires:6/�3
Nota y ublic
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• MEMORANDUM
TO: Aspen City Council
FROM: Jolene Vrchota, Planning Office
RE: Clark/Parker Subdivision Exception
DATE: October 27, 1980
P&Z
Recommendation: P&Z, at a regular meeting on October 21, 1980,concurred with
the Planning Office recommendation. Further, the Commission
received a memo dated October 20, 1980 from the Engineering
Department stating that the applicant had satisfied the
first condition - to submit a new survey plat which
satisfies Engineering requirements.
City Council
Motion: Move to approve subdivision exception for a lot split which
results in two parcels in Block 28, Aspen Townsite; one to
include Lots D and E, the second to include Lots F, G, H, I.
Such approval is conditioned on the owner/applicant deed
restricting both parcels to join a sidewalk, curb and gutter
improvement district in the event one is formed.. Further,
previous condominiumization approval shall be amended to
include Lot F in addition to Lots G, H, I.