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HomeMy WebLinkAboutLand Use Case.240 Lake Ave.027A-84 .r - - ..... ",'/"'" .,..... .,f. STAFF: .' C^SELO^D SUMMIIRY Slim,,!, City of Aspen ~ 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) ~ X- 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 ~....Io\,<...\\,;e.;.~\''',j REFERRED I . )1 ptJ . lo,fI%l1 "- ~11(:j 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~ bENI ED . ~ ' . . ~ ~-- .. '. !-, ,-, DISPOSITION: CITY P&Z REVIEW: CITY COUNCIL REVIEW: /o/~/?i.l /' 10 '(liQ J Ordinance No. CITY P&Z REVIEW: CITY COUNCIL REVIEW: Ordinance No. CITY'P&Z REVIEW: CITY COUNCIL REVIEW: Ordinance No. 1"""\ 1"""\ 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 .',.'\ -- 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 2 0_ ,......., -- 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. 3 .~ Planning Office City of Aspen Aspen, Colorado Gentlemen: "....,. "...., 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, '" J.~~ ,/ ,.of" //" . t -; -~ '>:. .J;. :s 1 jj CL. ,...... ,.....,., PUBLIC NOTICE ' - 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. ======================================================================= Published in the Aspen Times on September 20,,1984. City of Aspen Account. f~~ ANi'\! A-vtel'1WS - (/)J..() NiJ\J;t1 T/~cL ' ~ ~MY opiNion -l-ho.t: f'.Ar,.j M_I'"S \tJO~Vl ~{)e ' ~\G /-00 MVd1 dCi(~e ,-/0 LA~ Av~. . \ h~~l CJ(J~ u.:, It!.. I-Je,vw"v\ PeJe~seVl) hctC:t Q re2.0NVvt9 -+ho.f mduJed -tl'IG _ hovse -I-0ei ctlle huw Se\\\~,.AT,'~ 'TIme v+ Vvlt,!). 5~ed, ,~e~le cl-ry L4>tJNc,L+ 't>+ 2. ~~T.fha;.t ~ .11> be. ~~jv" ~~~ Nrme aM LUOJc! COI\~rf'\il j,Ui.4 tl..e v,dovla./V\ V\el~~tx>rhooJ. . '!J -I' . as l\I<;?i \-C\e-r f:O veol 'trtte ~ (g I'\~ ~er ~..e;<e~~ IOns v-;~ f\fJ i&eC\ lJJ(NJ \AX}vl::l be 0\'\ .,~ el t-1,lole. -f,r St;Y'4/-e- 'I . _I 'J) . ~~ ~5e. pcuc.e.t 1'; j.. :Ii Ov vvtv ~ (\L~ -l.:M ~~ No- t-ok eWe, h rIOt ftWJ4 -(Or anor~) tV' vJoqaN\' b~L& ~ ' ~~- '~f\ ~, ..., , ^ ~ """>;:;1',r:;)c, j' 1\'"'' ...'.. '. 002: . 4,'~;"~ (>.-,~;:\. f:'''~.:.T~..~Y.;'.t'\',1. .... . ' . "':'v ,,~;.,,\tOf:'. i........., .",1,,',. uS '!"~ .";-,,...;;. , ct, ~~ ILMes .. ~_.0i4, _.-'_......,,",..--..,,~". .,..... ,('~ \...1 ,; I /Pl '"tl '. ~ ,);1 ~'j. 701 n iIL!j[RRY ;J2:LUIPE IX 77401 r, 7 T.:l r,/, vvl ,'j ~) J 4-0%265Sc'?77 10/03/':4 ICS IPI:;~:!GZ CS? GLJi\ 7136642330 iG ii3 Tin:1 3ELLURE TX 53 10-03 OSCi2P ES T :) o () G~ o [jAYOR \l.!ILLIAi'] STIRLING @) P LA rUI ;1G oFF] CF: 130 SOUTH G/(\,LENA ST.. !\SPE:J CO 8151 I o Gl o o () ~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 () () 2IC5~S.T o ;..13 i"1 co ;'JP f'-"G [!] () () ~ <'.... ~.w ~ m o {) $ "'l> "", CITY OF ASPEN CITY MANAGER'S OFFICE G e G {j;~ ~ {;) $ ~ " " "- " IS " N .0 TO REPLY BY MAILGRAM MESSAGE, SEE REVERSE SIDE FOR WESTERN UNION'S TOLL. FREE PHONE NUMBERS ~. ~. D m@l!ow.. ~~ OG"1 2. I U ME NORANDUM TO: CEli!Lette oBenne Jay Hammon~ FROM: DATE: September 28, 1984 RE: Wogan Lot Split ------------------------------------------------------------------ ------------------------------------------------------------------ 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 1""".. ~ 130 asp SPEN CITY, ree t 611 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. PJT/mc 1"""'<. PUBLIC NOTICE ~ 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. Ctduv c;c10 -3;06 (fllhJt; q -;),7 -8:1 .. ,....,. / ;-\ 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. _ , ,....,. L.AW OFFICES m~ I .249)4 I 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 BY~! ~:;:C#17L.~~. ~~ L ,,....,. t. ALTA OWNER'S POLICY -Amended 10/171 ,,.-, .....1.~J\ '" J . Rv/da 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 ~ ~ .. '\ , ".' - ' r''' /i ,! II } /'./" ./. "./ /J / I ' '" ,,' , r,' " '.. f C '- C .--".-::1 ;~ I~.. , I ;~ ' AUTHORIZE>> COUBTBRSIGRATURB STEWART TITLE GUARANTY COMPANY '- Continuation form 203-A~ T ~ 505~EI NO.: 12327 .. ~ .~. " 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 .,......,,........",...."..''-'...,'"'I-''''UUII'~,'... '. t ...-.. 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. \ \ '. "". \ " 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 t" "". ,....,. ,.-, 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 .. , ~' . > Page 2 Ownership List ,....,. !""""\ 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 Il_J . y . ,....,. ~ I 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