HomeMy WebLinkAboutLand Use Case.240 Lake Ave.027A-84
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STAFF:
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C^SELO^D SUMMIIRY Slim,,!,
City of Aspen
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PROJECT NAME: WOja..r. lot-Sf'l+
APPLICANT: ~t:. l.uo~
REPRESENTATIVE: 6l~ ~
Phone:
Phone: q:lS"' g, be..
TYPE OF APPLICATION:
(FEE)
I. GMP/SUBDIVISION/PUD (4 step)
1.
2.
3.
Conceptual Submission
Preliminary Plat
Final Plat'
($2,730.00)
($1,640.00)
($ 820.00)
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II.
SUBDIVISION/PUD (4 step)
1. Conceptual Submission
2. Preliminary Plat
3. Final Plat
($1,900.00)
($1,220.00)
($ 820.00)
III.
EXCEPTION/EXEMPTION/REZONING (2 step)
($1,490.00)
IV.
SPECIAL REVIEW (1 step)
($ 680.00)
1. Special Review
2. Use Determination
3. Conditional Use
4. Other:
P&Z MEETING DATE:
CC MEETING
DATE. \)(..-\o\:u.. q DATE
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REFERRED I . )1 ptJ . lo,fI%l1
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REFERRALS:
~ity Attorney
City Engineer
____Housing Director
____Aspen Water Dept.
____City Electric
Environmental H1th.
____Aspen Consolo S.D.
Mountain Bell
____parks Dept.
____Holy Cross Electric
Fire Marshall
Fire Chief
____School District
____Rocky Mtn. Natural Gas
State Hwy Dept. (Glenwood)
State Hwy Dept. (Grd. Jctnl
____Building Dept.
____Other:
FINAL ROUTING:
~y Attorney
____City Engineer
DATE ROUTED:
~ding
/6/5~jp </ p)
Dept.
____other: ____Other:
FILE STATUS AND LOCATION: ? O. C/J~
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DISPOSITION:
CITY P&Z REVIEW:
CITY COUNCIL REVIEW:
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10 '(liQ J
Ordinance No.
CITY P&Z REVIEW:
CITY COUNCIL REVIEW:
Ordinance No.
CITY'P&Z REVIEW:
CITY COUNCIL REVIEW:
Ordinance No.
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IlEMORARDUM
TO:
Mayor Bill Stirling and Aspen City Council
Hal Schilling, City Manager ~
THRU:
FROM: Colette penne, Planning Office
SUBJECT: Wogan Su~division Exception and GMP Exemption
DATE: October 9, 1984
=====================================================================
SUMMARY
The Planning Office recommends approval of subdivision exception for
the purpose of a lot split of the parcel and a GMP exemption for the
construction of a single-family house on the newly formed lot.
PREVIOUS COUNCIL ACTION:
Council has not seen this application before. It is being processed
through the expedited review as a one-step application sent directly
to Council. It is also one of the first lot split applications for
which. a public hearing is being held, subsequent to your recent Code
amendment.
BACKGROUND:
The parcel is located at 240 Lake Avenue in the R-6 zone and is the SE
1/2 of Lot 12, and Lots 13, 14, and 15, Block 103, HaHams Addition.
The minimum lot area requirement in the R-6 zone is 6,000 s.f. The total
size of this parcel is 21,576 s.f., and the resultant lot sizes after
subdivision will be 13,175 s.f. and 8,500 s.f.
PROBLEM DISCUSSION:
A subdivision exemption, pursuant to Section 20-19 is appropriate for
this division of land. The shortened procedure is recollUllended since
no substantial land use issues are involved and no Planning Commission
recollUllendation is therefore required. The development of the subsequent
lots will be limited to single-family dwellings, unless on the larger
lot an exemption is received for an employee unit or a free-market
unit is granted through Residential GMP competition.
A GMP exemption is being requested pursuant to Section 24-11.2(d) for
the construction of one single-family dwelling. This is allowable
since the lot is being formed after November 14, 1977, and this parcel
meets the conditions of:
1. The tract of land which was subdivided had a pre-existing
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dwelling unitl
2. No more than two lots are being created by the subdivisionl
and
3. The lot under consideration has not previously been the
subject of an exemption from GMP provisions or a "lot split"
exception or exemption pursuant to Section 20-19.
The City Attorney's Office commented that the City record should
reflect a formal grant of exemption from GMP quota under Section 24-
11.2(d)1 a Statement of Subdivision Exception will be required if the
lot split is approvedl the applicant should verify the application on
the record (Section 20-l9[d)) and state facts warranting the grant of
an exceptionl applicant should agree to join future improvement
districts; the plat must comply with Section 20-15 and 20-161 and the
applicant is alerted that there will be a park dedication fee at the
time of construction.
The City Engineering Department mCide the following points:
"1. Subdivision exception approval should be subj ect to submission
of an adequate lot split plat with all appropriate approval
certificates, a vicinity map, etc., for review by this
office prior to recordation.
2. Approval should also be subj ect to the applicant joining any
improvement district pursuant to our standard language."
Utilities are readily accessible since the lot is in a developed area
of the West End residential neighborhood.
ALTERNATIVES: N/A
FINANCIAL IMPLICATIONS: None
ADVISORY COMMITTEE VOTE: N/A
RECOIUlENDATION AND PROPOSED MOTION:
The Planning Office recommends the following action:
"I move to approve subdivision exception for the purpose of a lot
split of the parcel as submitted and to further approve a GMP
exemption (per Section 24-l1.2[d)) for the construction of a
single-family house on the newly formed lot with the following
condi ti ons :
1. Applicant must record a Statement of Subdivision Exception
which is approved as to form by the City Attorney's Office.
2. Applicant must agree to join any future improvement districts
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in the event they are formed.
3. The subdivision plat must conform to Section 20-15 and 20-16
and be approved by the City Engineering Department prior to
recor dation.
4. A park dedication fee will be required for construction of
the new house.
5. The plat must indicate that no further subdivision may be
granted for these lots nor additional units be ui1t without
receipt of applicable approvals pursuant to Chapter 20 and
an allocation pursuant to Section 24-11.1.
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Planning Office
City of Aspen
Aspen, Colorado
Gentlemen:
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CHARLES C. NICOLA
ATTORNEY AT LAW
1940 FIRST INTERSTATE TOWER NORTH
633 SEVENTEENTH STREET
DENVER, COLORADO 60202
(3031292.9902
October 5, 1984
The undersigned is the owner of property at 315
West Smuggler in Aspen. I have been advised that
Mr. and Mrs. John Wogan have made application for
the splitting of the lot at 240 Lake Street. It
is my understanding that if the application is
granted, it will not be possible to build more
than one duplex and one single family dwelling on
that property.
This is to advise that I have no objection to the
approval of the application.
CCN:EB
Very truly yours,
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PUBLIC NOTICE '
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RE~ Wogan Lot Split
NOTICE IS HEREBY GIVEN that a public hearing will be held before
the Aspen City Council on October 9, 1984 i at a meeting to begin at
5: 00 P.M., in Council Chambers, 130 S. Galena, Aspen, Colorado, to
consider an application req~esting subdivision exception and GMP
exception of a lot located at 240 Lake Avenue in the West End (Hallam's
Addition) into two parcels, one 9,000 s.f. and the other 12,576 s.f.,
one containing an existing dwelling and the other eligible for a
single-family house in the future.
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Published in the Aspen Times on September 20,,1984.
City of Aspen Account.
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[jAYOR \l.!ILLIAi'] STIRLING
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130 SOUTH G/(\,LENA ST..
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~J) HALLPI:,j'S ADDITION HAS A SUH?LUS Or fnSSIVE HOUSES. ';\)[ O.'JJECT TO
SU3DIVIDI;'JG THE4LDT LCCp.TED t1'1 240 1../I,J<E l1VE>JUE- .O~i.rNED ;:3Y T:-{E VQG~;'.!S
.INTO TVO P!\RCELS CR01dDI:.JG IN EVE~J tDRE BUILJINGS.
~~J . ril.jSTIS A~JD VI CTOP LU~JDY, 301 LAKE AVENUE, ASPEN, COLOR,?'.DO
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CITY OF ASPEN
CITY MANAGER'S OFFICE
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ME NORANDUM
TO:
CEli!Lette oBenne
Jay Hammon~
FROM:
DATE:
September 28, 1984
RE: Wogan Lot Split
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Having reviewed the above application and made a site inspection,
the City Engineering Department would make the following comments:
1. Lot split approval should be subject to submission of a plat
conforming to the requirements of Section 20-15 including approval
certificates, a vicinity map, etc. The plat should be reviewed
by this office prior to recordation.
2. Approval should be subject to joining of any improvement
district pursuant to the City's standard language.
JH/co/Wogan
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MEMORANDUM
DATE: September 25, 1984
TO: Colette Penne
FROM: City Attorney
RE: Wogan Lot Split
Attention should be given to the standards of Section 24-11.2(d).
Further, we assume that this application will be processed as an
exception from the full subdivision process, requiring a statement
of exception to be approved by this office and a subdivision plat
acceptable to the City Engineer.
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PUBLIC NOTICE
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RE: Wogan Lot Split
NOTICE IS HEREBY GIVEN that a public hearing will be held before
the Aspen City Council on October 9, 1984, at a meeting to begin at
5: 00 P.M., in Council Chambers, 130 S. Galena, Aspen, Colorado, to
consider an application requesting subdivision exception and GMP
exception o~ a lot located at 240 Lake Avenue in the West End (Hallam's
Addition) into two parcels, one 9,000 s.f. and the other 12,576 s.f.,
one containing an existing dwelling and the other eligible for a
single-family house in the future.
For further information contact the Planning Office, 130 S. Galena,
Aspen, Colorado 81611 (303) 925-2020, ext. 223.
=======================================================================
s/WilJ iam Stirling
Mayor, Aspen City Council
PUblished in the Aspen Times on September 20, 1984.
City of Aspen Account.
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MEMORANDUM
TO:
City Attorney, Paul Taddune
City Engineer, Jay Hammond
Colette penne, Planning Office
Wogan Lot Spli t
September 10, 1984
FROM:
RE:
DATE:
=======================================================================
Attached for your review is an application submitted by Gideon Kaufman
for a lot split.' The application was previously submitted as the
Bennis Lot Split earlier this year but was withdrawn at the applicant's
request. Gideon is now asking that we reconsider the lot split for
his new client. Please review your former comments on this matter and
submi t a new referral to me no later than September 28th. Thank you for
your help. _
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L.AW OFFICES
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GIDEON I. KAUFMAN
BOX 10001
315 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
GIDEON l. KAUFMAN
DAVID G. EISENSTEIN
August 23, 1984
TELEPHONE
AREA CODE 303
925-8166
HAND DELIVERY
Richard Grice
City of Aspen/pitkin County
Planning Department
130 s. Galena
Aspen, CO 81611
Re: Wogan Lot Split -- Southeast ~ of Lots 13, 14
and 15, Block 103, Hallam's Addition
Dear Richard:
I write this letter on behalf of my clients Jack
and Jackie Wogan concerning a lot split for southeast ~ of
Lots 13, 14 and l5, Block 103, Hallam's Addition.
You have previously reviewed a lot split
application for this property from Cory Bennis. A memo was
prepared to the City Council and it was tabled at her reqest
pending the sale of the property to my clients. My clients
have now purchased the property and would like to go forward
with the lot split making one small change.
Rather than creating a lot of 12,576 square feet
and a lot of 9,000 square feet we will be creating a lot of
13,076 square feet and a lot of 8,500 square feet. I think
this will help alleviate any concerns about the creation of
a duplex lot for with a 8,500 square foot lot only a single
family residence would be allowed on this property.
Enclosed please find three amended maps. I would
appreciate your putting this on the next available City
Council agenda. If you have any questions please feel free
to contact me.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
GK/kl
Enclosure
cc: Jack and Jackie Wogan
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ALTA OWNER'S POLICY -Amended 10/171
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SCHEDULE A
Order No.: 12327 C4
Date of Policy: .July 23, 1984 At.. 10:22 as.
Policy No.: 0 357667
Amount of InsurC!nce: $ 825,000..00
,. Name of Insured:
.Jobn B. Wogan, .Jr. anel JaquoliftoT. Wogan
2. The estate or interest in the land described herein and which is covered by this policy is:.
Fee Simple
3. The estate or interest referred to herein isat Date of Policy vested in: "
.John B. Wogaa. .Jr. and Jallaoliao T. Wosaa
4. The land referred to in this policy is described 'as follows:
See Exbibit "A" Att.ached
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AUTHORIZE>> COUBTBRSIGRATURB
STEWART TITLE
GUARANTY COMPANY
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Continuation form 203-A~ T ~
505~EI NO.: 12327 ..
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Attached to and made a part of ,Stewart Title Guaranty Company Policy No. 0 357667
Continuation of Schedule A -11'0 . 4
Exhibit A
PARCEL 1
All of Lata 13. 14 and 15. Block 103. 8alla.'a Addition to the
City and Townaite oftAapen. Colorado
PARCEL 2
Lot 12, Block 103._.8a11a.'a Addition to tbe City and Townaite of
Aapen. Colorado, excepting tberefron: It. tract of laod beioS the
Horthweaterly 1/2 of Lot 12. nore fully deacribed aa followa:
. Beglnoios, at the noat~~erlY COlI'lIer of .aid'Lot 12. thence around
a curve to tbe .1eft with~a.iu. of 483.05 feet. a dhunce of
25 feet (tbe cbord of wbicb curve bear. I. 23-11'30" B. 25 feet) i
thence If. 65.19'30" I. 125 feeti ~heDce aroGDd a curve to the
rigbt with a lI'adia. of 315.05 feet, a dhtan of 18.53 feet (tb.
chorelof wbicb curve bear. If. 23.11'30" 'W. 18. feedi thence
s. 68-17'30" W. 125 feet to tbe POiDt of besinn g.
PllCSL 3 ~
A trect of land 10 the Ifl 1/4 of tbe I
Townsbip 10 South. Raas S We.t of t
i. nore fully deacribed . follow.:
1/4 of Section 12.
6tb P.... saiel tract
lesinoios .t I' Y corner of Lot IS, Ilock 103.J
Ball.... A.eldJ! 0 to tbe C .od To...ite of A..pen, Color.do.
tbeace If. 44. 'B. 33.50 feeti theace If. 50-03'30" W. 127.32
feet, to tbe po t aD tlte Ifol:theaaterly Hue of Lot 12 of .eld
. .'loclt 103; theac roo.. a COl:v. to the left .itha r.eli.. of
358. OS feet, . eI aaoe of 129.71 feet alons the Ifortlaeaa terly
lhea of Lot. 12, U, 14 .ad IS of aai. Slack 103 to the tr.e
palat of b.sinaias, the chord of .aid car". be.n I. 35.03' S.
129.01 feet.
County of' Pitklo. State of Colorado
Page _
STEWART TITLE
GUARANTY COMPANY
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ORDER NO.:
Id27 C4
SCHEDULE B
Policy No.:
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements. or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in ~o~ndary lines, shortage in area, encroachments,and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to alien, for services, labor or material heretofore or hereafter furnished imposed
by law and not shown by the public records. '
o 357667
I 5. Any and all unpaid taxes and assessments snd any unredeemed
\ tax sales.
6. The effect of inclusions in any general or apecific vater
conservancy, fire protection, soil conservation or other
district or inclusion in any vater service or street
improvement area.
7. Right of the proprietor of a vein or 1 e to extract and remove
,his ore therefrom, should the same be f nd to penetrate or
intersect the premises her b granted, a reserved in United
States Patent recorded Jun 1888 in 80 k 55 at Page 2 as
Reception No. 24412.
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8. A Deed o~ Trust d ted July 13 1984, executed by Joha B. Wogan
and Jacqueline ogan, to the Public Trustee of Pitkin
Cou ,to secure a indebtedness of $1,200,000.00, in favor of
The pire saving uilding and Loan Association, recorde.d
July 3, 1984 in Book 47. at Page 439 as Reception Wo. 261214.
1613
Page 3
STEWART TITLE
GUARANTY CO.......T
AGENl?S FILE COpy
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CRRTIFICATE OF MAILING
I hereby certify that on this day of ,
198___, a true and correct copy of the attached Notice of Public
Hearing was deposited in the United States mail, first-class
postage prepai d, to the adj acentproperty owners as indicated on
the attached list of adjacent property owners which was supplied
to the Planning Office by the applicant in regard to the case
named on the aforementioned public notice.
~h)/ ~AA. ~PO ,h-
JanetV'Lynn Ra zak
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Ownership List
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Unit B
Henry J. Pedersen
PO Box !44
Aspen, CO B1612
Lot 19
Tercero Corporation
Attn: Joe Roberts
4400 One Williams Center
Tulsa, OK 74172
Lot 20
John J. Nicholson and Lou Adler
c/o Roberts S. Colbert
PO Box 67006
Los Angeles, CA 90067
Block 102 Hallams Addition
Lots 4, 5, & Part of 6
James K. Daggs and Gay Daggs
720 E. Hyman Ave
Aspen, CO
Part of Lot 6 &
Lots 7 & B
Elizabeth Ann Altemus formerly known as Elizabeth Ann
Horowitz
620 North Third Street
Aspen, CO B16H
Lot 9 & part of Lots
10, H & 12
Max E. Freeman and Jayne R. Freeman
329 Lake Ave
Aspen, CO B16H
Part of lot 10
Delbert J. Copley
PO Box 1045
Aspen, CO B1612
Part of lots 11 & 12
Arthur B. Trentaz and Amelia Trentaz
315 Lake Ave
Aspen, CO 816H
Second and Smuggler Condominiums (Lots A, B,& C, Block 48, City and Townsite)
Unit A
Roddey Burdine
PO Box BOO 1
Aspen, CO B1612
Unit B
Andrew Jackson 'Frishman and Belinda B. Frishman
PO Box 465
Aspen, CO B1612
Hallam Lake and Park (Unplatted)
Aspen Center for Ernvironmental Studies
100 E. Puppy Smith Rd.
Aspen, CO
(Unplatted) parcel - Hallam Park Vicinity
Elizabeth H. Paepcke
c/o Morrison & Morrison, Ltd.
105 Wes t Adams
Chicago, 1L 60603
Roadways and Public Square
The City of Aspen, Colorado
a Municipal Corporation
130 S. Galena
Aspen, CO B!6H
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Block 40, Hallams Addition and
Block 40, City And Townsite of Aspen
Lots 1 & 2
Lots 3, 4, & W 1/2 5
E 1/2 Lot 5 and
portion of Lake Ave.
Lots 6 & 7
Lots 8 & 9
(K & L in City and
Townsite)
Lots 10, 11 & 12
(M, N,& 0 in City
and Townsite)
Lots 13, 14, 15 & 16
(P, Q, R & S in City
and Townsite)
DW Ringsby Enterprises, a partnership
PO Box 7240
Denver, CO 80207
Martin M. Block and Beate S. Block
311 W. North St. ,Aspen Co. 81611
Victor A. Lundy and Anstis B. Lundy
301 Lake Ave. , Aspen Co. 81611
Ralph W. Ball
3150 E. Third Ave.
Denver, CO 80206
Charles C. Gates, Jr. and June S. Gates
999 S. Broadway
Denver, CO 80202
Catherine M. Conover
Box 57
Glade Park, CO 81523
Block 41 City and Townsite of Aspen
Lots D, E, & F
Lots G, H & I
Charles C. Nicola and Betty B. Nicola
833 17th Street
Denver, CO 80202
Commerce Savings Association
111 Soledad, Ste 1300
San Antonio, TX 78205
Block 101, Hallams Addition
Lots 14 through 20
(inclusive)
William A. NiUe
150 E. 42nd St
New York, NY 10017
Block 103, Hallams Addition
Lots 5 through 9
(inclusive)
(Described by metes and
bounds as a tract in
Section 12-10-85)
Lots 10 & 11
James P. Hume
1120 N. Lake Shore Drive
Chicago, IL 60611
Arlan Marshall and Ronnie Marshall
320 Lake Ave
Aspen, CO 81611
Lot 16
Shaw and W.P.W. Joint Venture Subdivision
Lot 17
John B. Wogan, Jr. and Jaqueline T. Wogan
600 S. Cherry St., Ste 1011
Denver, CO 80222
Germaine K. Dietsch and Alfred J. Dietsch
c/o Chandelle Properties, Inc.
50 S. Steele St., # 500
(Note: Tax roles show suite II 600)
Denver, CO 80209
212 Lake Avenue Condominiums (Lot 18 Shaw and W.P.W.)
Unit A
Jack A. Newman
13500 Oxnard
Van Nuys, CA 91401