HomeMy WebLinkAboutcoa.lu.sm.Lot 12 Callahan Subdivision.A050-99 CASE NUMBER A050 -99
PARCEL ID # 2737- 181 -32012
CASE NAME Lot #12 Callahan Subdivision Stream Margin Amendment
PROJECT ADDRESS Lot #12 Callahan Subdivision
PLANNER Chris Bendon
CASE TYPE Stream Margin Amendment
OWNER/APPLICANT Marie Fabianne Benedict Gordon
REPRESENTATIVE Davis Horn Inc. /Alice Davis
DATE OF FINAL ACTION 6/2/99
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION Approved
BOA ACTION
DATE CLOSED 10/20/00
BY J. Lindt
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MEMORANDUM
TO: Julie Ann Woods, Community Development Director
FROM: Christopher Bendon, Planner
ASPEN • PITKIM
COMMUNITY DEVELOPMENT DEPARTMENT
RE: Lot #12, Callahan Subdivision, Stream Margin Review Amendment
Parcel # 2737- 181 -32 -012
•
DATE: May 26, 1999.
SUMMARY:
Marie Fabianne Benedict Gordon owns a vacant lot along the Roaring Fork River, Lot 12
of the Callahan Subdivision. This parcel was created by adoption of the Callahan
Subdivision in 1976 and included an area designated "limit of proposed building site." .
Staff is interpreting this designation consistent with the term "building envelope," as
defined in the land use code.
The applicant now wishes to develop this lot. The period of vested right has expired,
subjecting the property to changes in the land use code. The Stream Margin Review
criteria have changed with the inclusion of additional requirements and restrictions: Due
to the topography of the lot and its relation to the river, the Stream Margin requirements
would virtually eliminate any developable land on this lot and eliminate the owner's
development right. In fact, if the Subdivision were reviewed under today's standards this
lot would most - likely be configured in.a much different manner.
The applicant disagrees with the City's position and believes the lot is not subject to any
further Stream Margin Review. The City maintains the applicability of the Stream
Margin Review criteria. However, the lot exists and the City understands the owner's •
desire to realize a reasonable development opportunity. By agreeing to additional
conditions, the applicant wishes to update the Stream Margin Approval sufficiently to
proceed with a building permit application. Staff proposes this method and these
conditions as a sensible solution providing the greatest conformance to the purpose of the
Stream Margin Review and protection of the river's natural watercourse, aesthetic, and
surrounding vegetation without a costly and protracted legal process. Staff underscores
the specific extenuating circumstances of this lot and its inability to accommodate
development if today's standards were applied in a strict manner.
The applicant requested an interpretation of certain language in the Subdivision
Improvement Agreement and the term "guesthouse" from the Planning Director.
Attached is a copy of the Director's determination affecting the property.
Staff reiterates a few specific findings made in that determination:
• Lots 12 and 12A are one lot for the purpose of a single - family dwelling and shall
remain in single ownership.
110 Sul 111C NI I xn $urcr AsPEN, Col Uunix) 81611 -1975 - [Mom 970 920 5090 FAx 970 920 5439
1111111 11111 111111 11111 1111 IIIIII11 1111111111111111
441526 03/21/2000 10:29R ME .ORVIS SILVI µ .
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• The "guesthouse" does not affect the primary use or density of the property as a
single- family residence.
• Development of a single- family residence on Lot 12 must receive an allotment or
exemption from growth management and development of an Accessory Dwelling
Unit (ADU) qualifies the property for such an exemption.
• The existing guesthouse may be `converted' to an ADU with conditional use
approval.
After further discussion with the applicant, staff understands the guesthouse is
significantly larger than the allowed maximum for an ADU — 700 square feet. Therefore,
the ADU may be developed within a portion of the guesthouse and may even exceed the
square footage limitations for such a unit. This variation may be approved by the
Planning and Zoning Commission during Conditional use Review for the ADU.
Staff has reviewed this proposed amendment to the Stream Margin Review and
recommends administrative approval by the Director, with conditions.
APPLICANT:
Marie Fabianne Benedict Gordon, Owner.
LOCATION:
Lot #12, Callahan Subdivision.
ZONING:
R 15 - PUD. Moderate Density Residential.
REVIEW PROCEDURE:
Insubstantial amendments to an approved Stream Margin Review may be approved by
the Community Development Director, pursuant to Section 26.68.040.
RECOMMENDATION:
Staff recommends the Community Development Director update this Stream Margin
Review by approving this Amendment with the conditions listed below.
APPROVAL:
I hereby approve this Amendment to the Stream Margin Review for Lot #12 Callahan
Subdivision with the following conditions:
1. The areas within Lots 12 and 12A described as "limit of proposed building site" on
sheet 3 of the Final Plat and Development Plan for the Callahan Subdivision shall be
the building envelopes for the respective parcels. The Tots may be developed in
conformance with the Moderate Density Residential (R -15) Zone District provisions,
as amended. There is no top -of -slope for Lot 12 and no associated progressive
height limitation based on a top -of- slope.
2. Expansion of the building envelope for lot 12 shall require review and approval by
the Planning and Zoning Commission pursuant to Section 26.435 - Stream Margin
Review, as amended.
2
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•
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3. For Lot 12, there shall be no development outside the building envelope other than
that necessary for wildfire mitigation, installation of native vegetation approved by
the Community Development D and the minimum necessary disturbance
associated with, and incidental to, pedestrian and vehicular access to the building
envelope. Any disturbance to the natural terrain and areas of cut and fill outside of
the building envelope shall be revegetated after construction with native species.
Any areas too steep for adequate revegetation shall incorporate retaining walls of
similar color to the natural soils and vegetation to visually blend into the
surroundings. The applicant shall provide a landscape plan with the building permit
application for Lot 12 demonstrating compliance with this condition.
4. Any and all exterior lighting for Lot 12 shall employ down - directional, sharp cut -off
fixtures, and in no case shall outdoor flood lights be used. Outdoor lighting
associated with the driveway shall be no more than thirty (30) inches above finished
grade.
5. This approval shall be recorded with the Pitkin County Clerk and Recorder located in
the Courthouse Plaza Building. There is a per page recordation fee. In the alternative,
the applicant may pay this fee to the City Clerk who will record the approval.
\\ 1 ante '�a.q
Christopher Bendon, City Planner •
for/ Julie Ann Woods, Community Development Director
ACCEPTANCE;
I, as the land owner, do hereby agree to the conditions of this Stream Margin Review
Amendment.
•
c.. ce.L4 tA.. L k /& l59
Marie Pabianne Benedict Gordon
Owner, Lot 12 Callahan Subdivision.
ATTACHMENTS:
Exhibit A -- Interpretation provided by Community Development D •
1
•
•
3
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( July 29, 1998 J �
J/ \
Mr. John H. Case, Attorney
Box
Aspen. CO 31612 • 1111
ASPEN • PmUN
Re: Lot 12 and 12A. Callahan Subdivision CCMSICNT DEVELOPMENT DEPARTMENT
Dear Mr. Case:
•
In response to your June 12. 1998. letter in which you request a determination on the
nature of Lots 12 and 12A of the Callahan Subdivision and for the term "guesthouse" as
used in the Subdivision Agreement. I offer the following comments:
It appears that Lots 12 and 12A were platted as individual lots. However. the Subdivision
agreement specifically refers to these lots as "collectively designated as a single family
lot." Lots 12 and 12A are one lot for the purpose of one single family residence.
Lot 12A is described in the Subdivision agreement as "the guesthouse for Lot 12." You
correctly noted that the City Land Use Code does not currently, nor did it at the time of
this subdivision. contain a definition of a "guesthouse." I would suggest, however. that
based on the language contained within the subdivision agreement and the common
understanding of the term "guesthouse." two current definitions loosely apply --
Accessory Use or Structure and Accessory Dwelling Unit.
The Accessory Use or Structure definitions limits to the guesthouse to being on the same
parcel and subordinate in character to the primary use - the principal residence. The
Accessory Dwelling Unit definition allows the guesthouse to function as a dwelling unit
and does not affect the primary use ordensity of the parcel for a single - family residence.
To maintain this guesthouse as accessory to the principal residence, the structure cannot
become available for separate sale and shall remain as part of the combined Lot 12 and
12A. This also prevents condominiumization of the property into separate interests.
The eventual developer of Lot 12 should be aware of the need for a Growth Management
Allotment for a new home. This normally includes a full review by City Council and
competing for yearly development rights. However, the parcel was subdivided prior to -
the 1977 initial year of growth management, and may qualify for an exemption from this
process provided if the developer either provides an Accessory Dwelling Unit. deed
130 SUL'TH GALENA STREET ASPEN, COLORADO 91611 -1975 PHONE 970.920.5090 FAX 970.920.5439
111111111111111111 111111111iiiiiuii1111111111111111
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restncts the principal residence to affordable housing guidelines, or provides a payment-
in -lieu based on the newly constructed square footage. -
The existing guesthouse may be `converted' to an Accessory Dwelling Unit for this
purpose with Conditional Use approval. A staff member of the City Planning
Department may elaborate on this process at your request.
Please let me know if I can be of further assistance.
Very truly yours,
Stan Clauson, ASLA, AICP
Community Development Director
City of Aspen
cc: John Worcester, City Attorney
•
•
•
•
k. •
it
MEMORANDUM t L V A
• TO: Julie Ann Woods, Community Development Director U
FROM: Christopher Bendon, Planner
ASPEN • PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
• RE: Lot #12, Callahan Subdivision, Stream Margin Review Amendment
Parcel # 2737 - 181 -32 -012
DATE: May 26, 1999
SUMMARY:
Marie Fabianne Benedict Gordon owns a vacant lot along the Roaring Fork River, Lot 12
of the Callahan Subdivision. This parcel was created by adoption of the Callahan
Subdivision in 1976 and included an area designated "limit of proposed building site."
Staff is interpreting this designation consistent with the term "building envelope," as
defined in the land use code.
The applicant now wishes to develop this lot. The period of vested right has expired,
subjecting the property to changes in the land use code. The Stream Margin Review
• criteria have changed with the inclusion of additional requirements and restrictions: Due
to the topography of the lot and its relation to the river, the Stream Margin requirements
would virtually eliminate any developable land on this lot and eliminate the owner's
development right. In fact, if the Subdivision were reviewed under today's standards this
lot would most - likely be configured in a much different manner. .
The applicant disagrees with the City's position and believes the lot is not subject to any
further Stream Margin Review. The City maintains the applicability of the Stream
Margin Review criteria. However, the lot exists and the City understands the owner's
desire to realize a reasonable development opportunity. By agreeing to additional
conditions, the applicant wishes to update the Stream Margin Approval sufficiently to
proceed with a building permit application. Staff proposes this method and these
conditions as a sensible solution providing the greatest conformance to the purpose of the
Stream Margin Review and protection of the river's natural watercourse, aesthetic, and
surrounding vegetation without a costly and protracted legal process. Staff underscores
the specific extenuating circumstances of this lot and its inability to accommodate
development if today's standards were applied in a strict. manner.
The applicant requested an interpretation of certain language in the Subdivision
Improvement Agreement and the term "guesthouse" from the Planning Director.
Attached is a copy of the Director's determination affecting the property.
Staff reiterates a few specific findings made in that determination:
• Lots 12 and I2A are one lot for the purpose ofa single - family dwelling and shall
remain in single ownership.
1
130 SOUTH G ALENA STREET • ASPEN, COLORADO 81611 -1975 • PHONE 970.9 • Fnx 970 920 5439
- Prinked on Recycled Paper
• The "guesthouse" does not affect the primary use or density of the property as a
single- family residence.
• Development of a single- family residence on Lot 12 must receive an allotment or
exemption from growth management and development of an Accessory Dwelling
Unit (ADU) qualifies the property for such an exemption.
• The existing guesthouse may be `converted' to an ADU with conditional use
approval.
After further discussion with the applicant, staff understands the guesthouse is
significantly larger than the allowed maximum for an ADU — 700 square feet. Therefore,
the ADU may be developed within a portion of the guesthouse and may even exceed the
square footage limitations for such a unit. This variation may be approved by the
Planning and Zoning Commission during Conditional use Review for the ADU.
Staff has reviewed this proposed amendment to the Stream Margin Review and
recommends administrative approval by the Director, with conditions.
APPLICANT:
Marie Fabianne Benedict Gordon, Owner.
LOCATION:
Lot #I2, Callahan Subdivision.
ZONING:
•
R- 15 -PUD. Moderate Density Residential.
REVIEW PROCEDURE:
Insubstantial amendments to an approved Stream Margin Review may be approved by
the Community Development Director, pursuant to Section 26.68.040.
RECOMMENDATION:
Staff recommends the Community Development Director update this Stream Margin
Review by approving this Amendment with the conditions listed below.
APPROVAL:
I hereby approve this Amendment to the Stream Margin Review for Lot #12 Callahan
Subdivision with the following conditions:
1. The areas within Lots 12 and 12A described as "limit of proposed building site" on
sheet 3 of the Final Plat and Development Plan for the Callahan Subdivision shall be
the building envelopes for the respective parcels. The lots may be developed in
conformance with the Moderate Density Residential (R -15) Zone District provisions,
as amended. There is no top -of -slope for Lot 12 and no associated progressive
height limitation based on a top -of- slope.
2. Expansion of the building envelope for lot 12 shall require review and approval by
the Planning and Zoning Commission pursuant to Section 26.435 - Stream Margin
Review, as amended. .
2
3. For Lot 12, there shall be no development outside the building envelope other than
that necessary for wildfire mitigation, installation of native vegetation approved by
the Community Development Director, and the minimum necessary disturbance
associated with, and incidental to, pedestrian and vehicular access to the building
envelope. Any disturbance to the natural terrain and areas of cut and fill outside of
the building envelope shall be revegetated after construction with native species.
Any areas too steep for adequate revegetation shall incorporate retaining walls of
similar color to the natural soils and vegetation to visually blend into the
surroundings. The applicant shall provide a landscape plan with the building permit
application for Lot 12 demonstrating compliance with this condition.
4. Any and all exterior lighting for Lot 12 shall employ down - directional, sharp cut -off
fixtures, and in no case shall outdoor flood lights be used. Outdoor lighting
associated with the driveway shall be no more than thirty (30) inches above finished
grade.
5. This approval shall be recorded with the Pitkin County Clerk and Recorder located in
the Courthouse Plaza Building. There is a per page recordation fee. In the alternative,
the applicant may pay this fee to the City Clerk who will record the approval.
IV � v\. Jet zk`N. date 20 . 9 1
Christopher Bendon, City Planner
for/ Julie Ann Woods, Community Development Director
ACCEPTANCE:
I, as the land owner, do hereby agree to the conditions of this Stream Margin Review
Amendment.
date -
Marie Fabianne Benedict Gordon
Owner, Lot 12 Callahan Subdivision.
ATTACHMENTS:
Exhibit A -- Interpretation provided by Community Development Director.
3
I-
kiljib
C � July 29, 1998 I
Mr. John H. Case, Attorney r
PO Box
Aspen. CO 81612 •
' ASPEN • P:TUUN
Re: Lot 12 and 12A, Callahan Subdivision CCMMLNrr: CEAELCPMENT DEPAaMENT
Dear NIr. Case:
•
In response to your June 12, 1993. letter in which you request a determination on the
nature of Lots 12 and I2A of the Callahan Subdivision and for the term "guesthouse" as
• used in the Subdivision Agreement. I offer the following comments:
It appears that Lots 12 and 12A were platted as individual lots. However, the Subdivision
agreement specifically refers to these lots as "collectively designated as a single family
lot." Lots 12 and 12A are one lot for the purpose of one single family residence.
•
Lot 12A is described in the Subdivision agreement as "the guesthouse for Lot 12." You
correctly noted that the City Land Use Code does not currently, nor did it at the time of
this subdivision, contain a definition of a "guesthouse." I would suggest, however. that
based on the language contained within the subdivision agreement and the common
understanding of the term "guesthouse," two current definitions loosely apply --
Accessory Use or Structure and Accessory Dwelling . Unit..
The Accessory Use or Structure definitions limits to the guesthouse to being on the same
parcel and subordinate in character to the primary use - the principal residence. The •
Accessory Dwelling Unit definition allows the guesthouse to function as a dwelling unit
and does not affect the primary use or-density of the parcel for a single- family residence.
To maintain this guesthouse as accessory to the principal residence, the structure cannot
become available for separate sale and shall remain as part of the combined Lot 12 and
12A. This also prevents condominiumization of the property into separate interests.
The eventual developer of Lot should be aware of the need for a Growth Management
Allotment for a new home. This normally includes a full review by City Council and
competing for yearly development rights. However, the parcel was subdivided prior to •
the 1977 initial year of growth management, and may qualify for an exemption from this
process provided if the developer either provides an Accessory Dwelling Unit. deed •
130 SOUTH GALENA STREE • ASPEN, COLORADO 81611-1975 • PHONE 970920.5090 • FAA 970.920 3139
restricts the principal residence to affordable housing guidelines, or provides a payment-
,
in-lieu based on the newly constructed square footage. •
a y
The existing guesthouse may be `converted' to an Accessory Dwelling Unit for this
purpose with Conditional Use approval. A staff member of the City Planning
Department may elaborate on this process at your request.
Please let me know if I can be of further assistance.
Very truly yours,
disit
1 1
Stan Clauson, ASLA, AICP
Community Development Director
City of Aspen
cc: John Worcester, City Attorney
•
r"
Davis Horn-
PLANNING & REAL ESTATE CONSULTING
May 18, 1999
Chris Bendon
Aspen Pitkin County Community Development
130 South Galena Street
Aspen, CO 81611
RE: Lots 12 and 12A Callahan Subdivision
Dear Chris:
Thanks for the opportunity to review your draft of the conditions for the modified Stream Margin
Review for Callahan Lots 12 and 12A. Here is a revised list of conditions and some draft
language for your letter. With these conditions we hope to establish a record so future property
owners and City Staff will have a summary of what went on.
Property ownership is in the name of Marie Fab(anne Benedict Gordon. We would like this to be
the name placed on the signature block accepting the conditions. An authorization letter will be
submitted soon.
The following is a revised draft of conditions to be placed in a letter from the City of Aspen..
"The City of Aspen recognizes that it is your position that because Lots 12 and 12A are within the
Callahan Subdivision and that subdivision has been developed, that Lots 12 and 12A are exempt
from any further Stream Margin Review. The City disagrees with this position. As a
compromise, and knowing that the present and future owners of Lots 12 and 12A will rely upon
the conditions contained within this letter, the City of Aspen agrees that review of any proposed
building plans may proceed subject to the following conditions:
1. Lot 12 and 12A must be sold together. This is the only limitation on the use of the guest
house on Lot 12, unless the accessory dwelling unit (ADU) required for development on Lot 12 is
contained within the guest house and in that event, the regulations regarding ADUs shall apply to
the space within the guesthouse used for the ADU.
2. The area under Lot 12A described as "limit of proposed building site" on sheet 3 of the Final
Plat and Development Plan for the Callahan Subdivision shall be the building envelope for the
guesthouse which has been built on that parcel. The guesthouse may be expanded and/or
improved to the maximum floor area allowed in the R -15 zone district for a parcel of the size of
Lot 12A.
ALICE DAVIS, AICP I GLENN HORN, AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180
3. Same as #1 in your draft.
4. Same as #2 in your draft.
5. Same as #3 in your draft.
6. Same as #4 in your draft.
7. The development on Lot 12 is subject to compliance with the requirements of Sections
26.100.050 (Exemptions from growth management competition) and Section 26.58 (Residential
Design Standards) of the City of Aspen Municipal Code in effect as of January 1, 1999.
Please review and let me know what you think. Thanks again.
Sincerely,
DAVIS HORN INCORPORATED
ALICE DAVIS, AICP
July 29, 1998
Mr. John H. Case, Attorney
PO Box 4203
Aspen. CO 81612 •
ASPEN • PITKIN
Re: Lot 12 and 12A, Callahan Subdivision CJ>i>IEN n DE%7LOPMENT DEPARTMENT
Dear Mr. Case: •
•
In response to your June 12, 1998. letter in which you request a determination on the
nature of Lots 12 and 12A of the Callahan Subdivision and for the term "guesthouse" as
used in the Subdivision Agreement, I offer the following comments:
It appears that Lots 12 and 12A were platted as individual lots. However, the Subdivision
agreement specifically refers to these lots as "collectively designated as a single family
lot." Lots 12 and 12A are one lot for the purpose of one single family residence.
Lot 12A is described in the Subdivision agreement as "the guesthouse for Lot 12." You
correctly noted that the City Land Use Code does not currently, nor did it at the time of
this subdivision, contain a definition of a "guesthouse." I would suggest, however. that
based on the language contained within the subdivision agreement and the common
understanding of the term "guesthouse." two current definitions loosely apply --
Accessory Use or Structure and Accessory Dwelling Unit.
The Accessory Use or Structure definitions limits to the guesthouse to being on the same
parcel and subordinate in character to the primary use - the principal residence. The
Accessory Dwelling Unit definition allows the guesthouse to function as a dwelling unit
and does not affect the primary use or-density of the parcel for a single- family residence.
To maintain this guesthouse as accessory to the principal residence, the structure cannot
become available for separate sale and shall remain as part of the combined Lot 12 and
12A. This also prevents condominiumization of the property into separate interests.
•
The eventual developer. of Lot 12 should be aware of the need for a Growth Management
Allotment for a new home. This normally includes a full review by City Council and
competing for yearly development rights. However, the parcel was subdivided prior to -
the 1977 initial year of growth management, and may qualify for an exemption from this
process provided if the developer either provides an Accessory Dwelling Unit. deed
130 SOUTH G ALENA STREET ASPEN, COLORADO 81611-1975 PHONE 9'0.920.5090 Fkx 970.9205139 -'
public Hearing kane explainea that cuss is a conustonal use hearing tor ..
Record Shop a pro - sed "record "and music accee ' shop lli tle' "Durant
Mall. There was a vote by the P1 .ning Commission to
include record shops as a permitted conditional use in
the N/C zone. Kane felt the request should be approved
because it represents what the applicant spoke about
at the last meeting and meets the criteria of the
conditional use provision. It' will also be a conditional
use if there is an application to put a record shop
in the Trueman property building.
Collins was against putting the record shop in the
Durant Mall. Collins felt by putting businesses for
local residents that the pommercial core will deterioate
and tourist typ shops will be the only kind in the mall.
Jam,_ da.• c Ci
0-1
Herb Klien, representing the applicant, ' s ummarized as to
why a record shop should be a use in the Durant Mall.
The business is oriented towards the local resident;
it fits in the N/C zoning district; it provides for one -
stop type shopping for local residents; a record shop
would fulfill frequent buying needs; wide variety of
muscial services will be offered. Klien presented a floor
plan of the music shop which indicated a variety of
services that will be offered.
Jenkins closed the public hearing.
Public Hearing Jenkins opened the public hearing on the bread and pastry
Bread and Pastry shop. Jenkins read into the record a letter from Don
Shop Lemos expressing his support for the bread and pastry
shop.
Hunt asked if Kalin intended to prepare and sell sandwiche
and hot or cold drinks on the premises for consumption.
Kalin replied they would not be. Kalin explained there
will be no baking or any food preparation on the premises.
All the goods sold will be shipped in from outside of
the City every morning. The purpose of the bakery will
be to provide just a retail outlet for the items to be
brought in. The total retail area is 450 -500 square feet.
Jenkins asked for a better floor plan.
Jenkins closed the public hearing.
Callahan Subdivision Jenkins opened the public hearing.
Kane explained the separate actions which the Planning
and Zoning Commission had to take. They are the Final
Planned Unit Development Plan; a Conditional Use
determination forthe recreational facility; a Stream
Margin review; and a revision of the preliminary plat.
Kane mentioned Clark had looked at the flood plain maps,
and the buildings are situated above the 100 year flood
plain and do not affect the Roaring Fork River. The
Planning Department is recommending Stream Margin Review.
-3-
f
-4- Planning and Zoning Commission January 20, 19/6
otion Hunt moved for approval of the Stream Margin Review;
seconded by Dobie. All in favor, motion carried.
Kane went on to the second item which is a Conditional
Use for the operation of a Clubhouse for the recreational e
site. The Planning Department recommends the area be 1 :
re -zoned RR. Kane mentioned the Planning Department
would like the floor plan to show that the club house
will be a facility only for immediate members and resi- 1
dents in the area and it will not be a large commercial
restaurant.
Kane proceeded with the Final Development Plan. In the
agenda packet there was a list of 14 recommended concerns
from the Planning Department which would have to be s'i
resolved before making a motion. The Commission, Kutik
and Hecht went through the 14 points. All of the points
had been resolved with the understanding that the sub-
dividers will make it their responsibility to keep the j
lake at the minimum low level. City Attorney Stuller ,
mentioned that they agreement will go into the final !}
subdivision agreement; the water rights and everything wil
be discussed in that document. Also, Kane felt the
proposed layout for the recreation of the clubhouse should
be part of the Planned Unit Development. Hecht and
Kutik presented to the Commission drawings for the
recreation which will be in that area. 1
4otion Hunt moved for approval of Conditional Use of the recrea- r
tional facilities as shown on the plan which was presented
seconded by Collins. All in favor, motion carried. .
'-lotion Hunt moved to recommend approval of the Planned Unit
Development on the condition the comments of the City
Engineer are complied with and the comments A thru Q
given by the Planning Office that Callahan is in conform-
ity with; seconded by Dobie. All in favor> motion carried
t
Aspen View Hunt moved to recommend re- approval of the Aspen View
Subdivision preliminary and final plats; seconded by Collins. All
in favor, motion carried.
Motion Abbott moved to adjourn; seconded by Collins. Meeting
adjourned at 8:00 p.m.
Ehza th M. K1ym D - ity Clerk
John H. Case
Attorney at Law
Post Office Box 4203 Aspen, Colorado 81612
Telephone (970) 925 -8394 Fax 920 -3395
e -mail johncase ® infosphere.com
taot
June 12, 1998 `tt
Mr. John Worcester, City Attorney
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: LOTS 12 AND 12A, CALLAHAN SUBDIVISION, CITY OF ASPEN
Dear John,
I represent Ms. Jessie Benedict Gordon, daughter of Fritz and Fabi Benedict. Ms. Benedict
Gordon is the record owner of Lots 12 and 12A of the Callahan Subdivision, which she
received as gift conveyances from her parents. Ms. Benedict Gordon lives in a house on Lot
12A that, according to the records of the Pitkin County Assessor, was built in 1977. Lot 12
is vacant. Both Lots are conforming -sized lots of record in the R -15 zone district.
We seek your determination regarding certain limitations of record regarding these lots.
Following is the relevant background information for your consideration of this matter.
Background
Attached are copies of the Final Plat and the Development Plan for the Callahan
Subdivision (recorded in Book 5, Pages 7 and 9, respectively, of the Pitkin County Records).
The Final Plat designates Lots 12 and 12 A as separate lots. Lots 12 and 12A are also
individually listed in the dedication language contained on the Final Plat. The Final Plat
does not contain any language that would appear to limit the development of either lot.
The Development Plan depicts the designated building envelopes for both lots (labeled
'limits of proposed building site "). The building envelope on Lot 12A corresponds precisely
to where the house was built on Lot 12A just one year after the Plat and Agreement were
recorded, while the building envelope on Lot 12 corresponds to that portion of the lot that
appears to be most appropriate for development at this time.
I have also attached a copy of the Subdivision and Planned Unit Development Agreement
for the Callahan Subdivision (dated May, 1976 and recorded at Book 312, Page 100 et. seq.
of the Pitkin County Records). This Agreement establishes certain additional limitations on
the use of lots within the Subdivision/PUD. Paragraph 1.G. of the Agreement, which
provides the sole limitations in the entire document that refer to the subject lots, reads as
follows:
Mr. John Worcester
June 12, 1998
Page Two
"G. Lots 12 and 12 -A are collectively designated as a single- family lot. Lot 12-
A is the guesthouse for Lot 12." •
My reading of this language is that it expressly provides that Lots 12 and 12A may contain
a single- family residence and a guesthouse. Unfortunately, neither the Agreement nor the
Aspen Municipal Code, as it was in effect in 1976 and as written today, provide a definition
for the term "guesthouse ".
Ms. Benedict Gordon seeks your determination of the meaning of the term "guesthouse" as
it applies to these lots. It is our position that the only limitation that should apply is that
Lots 12 and 12A would need to remain in common ownership, so that the guesthouse on Lot
12A could remain tied to the principal residence on Lot 12.
We would appreciate your prompt written response to this matter, as it has important
ramifications on the estate of Ms. Gordon's parents. I will call you after you have had a
chance to review this material, to see if there is anything else you need to make this
determination and to see if we need to meet to review this matter. Please feel free to
contact me directly if there is anything else I can provide to you.
Very ors, d
John . Case, Attorney at Law
cc: Stan Clauson, Community Development Director
1. The area within Lot 12 described as "limit of proposed building site" on sheet 3 of
the Final Plat and Development Plan for the Callahan Subdivision shall be the
building envelope for the parcel. There is no top -of -slope for this parcel and no
associated progressive height limitation based on a top -of- slope.
2. Expansion of this building envelope shall require review and approval by the
Planning and Zoning Commission pursuant to Section 26.435 - Stream Margin
Review, as amended.
3. There shall be no development outside the building envelope other than that
necessary for wildfire mitigation, installation of native vegetation approved by the
Community Development Director, and the minimum necessary disturbance
associated with, and incidental to, pedestrian and vehicular access to the building
envelope. Any disturbance to the natural terrain and areas of cut and fill outside of
the building envelope shall be revegetated after construction with native species.
Any areas too steep for adequate revegetation shall incorporate retaining walls of
similar color to the natural soils and vegetation to visually blend into the
surroundings. The applicant shall provide a landscape plan with the building permit
application demonstrating compliance with this condition.
4. Any and all exterior lighting shall employ down - directional, sharp cut -off fixtures,
and in no case shall outdoor flood lights be used. Outdoor lighting associated with
the driveway shall be no more than thirty (30) inches above finished grade.
5. The parcel is subject to all other aspects the municipal code, as amended.
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MEMORANDUM
TO: Julie Ann Woods, Community Development Director
FROM': Christopher Bendon, Planner
ASPEN PITKIN
• RE: Lot #12, Callahan Subdivision, Stream Margin Revie A DEVELOPMENT DERemmEST
Parcel # 2737 - 181 -32 -012
•
DATE: May 26, 1999.
SUMMARY:
Marie Fabianne Benedict Gordon owns a vacant lot along the Roaring Fork River, Lot 12
of the Callahan Subdivision. This parcel was created by adoption of the Callahan
Subdivision in 1976 and included an area designated "limit of proposed building site."
Staff is interpreting this designation consistent with the term "building envelope," as
defined in the land use code.
The applicant now wishes to develop this lot. The period of vested right has expired,
subjecting the property to changes in the land use code. The Stream Margin Review
criteria have changed with the inclusion of additional requirements and restrictions: Due
to the topography of the lot and its relation to the river, the Stream Margin requirements
would virtually eliminate any developable land on this lot and eliminate the owner's
development right. In fact. if the Subdivision were reviewed under today's standards this
lot would most - likely be configured in a much different manner.
The applicant disagrees with the City's position and believes the tot is not subject to any
further Stream Margin Review. The City maintains the applicability of the Stream
Margin Review criteria. However, the lot exists and the City understands the owner's
desire to realize a reasonable development opportunity. By agreeing to additional
conditions, the applicant wishes to update the Stream Margin Approval sufficiently to
proceed with a building permit application. Staff proposes this method and these
conditions as a sensible solution providing the greatest conformance to the purpose of the
Stream Margin Review and protection of the river's natural watercourse. aesthetic, and
surrounding vegetation without a costly and protracted legal process. Staff underscores
the specific extenuating circumstances of this lot and its inability to accommodate
development if today's standards were applied in a strict manner.
The applicant requested an interpretation of certain language in the Subdivision
Improvement Agreement and the term "guesthouse" from the Planning Director.
Attached is a copy of the Director's determination affecting the property.
Staff reiterates a few specific findings made in that determination:
• Lots 12 and 12A are one lot for the purpose of a single - family dwelling and shall
remain in single ownership.
1
111) ti ,Lm G ur STRFET ASFE., COI°RAUn 81611 -1975 • PHnNE 970 920 5090 - FM 970.920.5119
• The "guesthouse" does not affect the primary use or density of the property as a
single- family residence.
• Development of a single - family residence on Lot 12 must receive an allotment or
exemption from growth management and development of an Accessory Dwelling
Unit (ADU) qualifies the property for such an exemption.
• The existing guesthouse may be 'converted' to an ADU with conditional use
approval.
After further discussion with the applicant, staff understands the guesthouse is
significantly larger than the allowed maximum for an ADU — 700 square feet. Therefore,
the ADU may be developed within a portion of the guesthouse and may even exceed the
square footage limitations for such a unit. This variation may be approved by the
Planning and Zoning Commission during Conditional use Review for the ADU.
Staff has reviewed this proposed amendment to the Stream Margin Review and
recommends administrative approval by the Director, with conditions.
APPLICANT:
Marie Fabianne Benedict Gordon. Owner.
LOCATION:
Lot #12. Callahan Subdivision.
ZONING:
R- 15 -PUD. Moderate Density Residential.
REVIEW PROCEDURE:
Insubstantial amendments to an approved Stream Margin Review may be approved by
the Community Development Director, pursuant to Section 26.68.040.
RECOMMENDATION:
Staff recommends the Community Development Director update this Stream Margin
Review by approving this Amendment with the conditions listed below.
APPROVAL:
I hereby approve this Amendment to the Stream Margin Review for Lot #12 Callahan
Subdivision with the following conditions:
1. The areas within Lots 12 and I2A described as "limit of proposed building site" on
sheet 3 of the Final Plat and Development Plan for the Callahan Subdivision shall be
the building envelopes for the respective parcels. The lots may be developed in
conformance with the Moderate Density Residential (R -15) Zone District provisions,
as amended. There is no top -of -slope for Lot 12 and no associated progressive
height limitation based on a top -of- slope.
2. Expansion of the building envelope for lot 12 shall require review and approval by
the Planning and Zoning Commission pursuant to Section 26.435 - Stream Margin
Review, as amended.
2
•
3. For Lot 12, there shall be no development outside the building envelope other than
that necessary for wildfire mitigation, installation of native vegetation approved by
the Community Development Director, and the minimum necessary disturbance
associated with, and incidental to, pedestrian and vehicular access to the building
envelope. Any disturbance to the natural terrain and areas of cut and fill outside of
• the building envelope shall be revegetated after construction with native species.
Any areas too steep for adequate revegetation shall incorporate retaining walls of
similar color to the natural soils and vegetation to visually blend into the
surroundings. The applicant shall provide a Landscape plan with the building permit
application for Lot 12 demonstrating compliance with this condition. '
4. Arty and all exterior lighting for Lot 12 shall employ down - directional, sharp cut -off
fixtures, and in no case shall outdoor flood lights be used. Outdoor lighting
associated with the driveway shall be no more than thirty (30) inches above finished
grade.
5. This approval shall be recorded with the Pitkin County Clerk and Recorder located in
the Courthouse Plaza Building. There' is a per page recordation fee. In the alternative,
the applicant may pay this fee to the City Clerk who will record the approval.
r .
t+/////nn1 R , ! � r 20°
Cr
4 , .�( all J. date (' K7 . f �
Christopher Hendon, City Planner
for/ Julie Ann Woods, Community Development Director
ACCEPTANCE:
I, as the land owner, do hereby agree to the conditions of this Stream Margin Review
Amendment
•
•
c aLt �a� Z / 5 /
Marie Fabianne Benedict Gordon
Owner, Lot 12 Callahan Subdivision.
ATTACHMENTS:
Exhibit A — Interpretation provided by Community Development Director. •
•
•
. s
3 •