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HomeMy WebLinkAboutLand Use Case.505 Sneaky Ln.41A-85 " ,-, CA.>GI,OAD SUMKARY SHEET City of Aspen DATE REC'ENED{)(f.3/d105... . DATE RECENED ~2'tP?k~!.Ei (\,V~I I'L:I' PROJEcr NAME: ~. eRalllS.f:. j(DfYl APPLICANT: ~ D Appl i cant Address/Phone: REPRES ENTATIVE: -klFt1l jCblilAf17:':'7 Representative Address/Phone: l(~ J , ."-' .... . .- - ... -'. CASE NO.; STAFF: MA1J:i;JI{j6ftf 1>{)P"~o,f, (fij 1.{'2,~t,) kspEn ( , Type of Application: 1. GMP/SUBDIV IS ION/PUD (4 step) Conceptual Submission Preliminary Plat Fi nal Pl at II. SUBDIVISION/PUD (4 step) , Conceptual Submission Preliminary Plat J. Final Plat llbld- 3013 ($2,730.00) ($l,640 .00) ($' 820.00) ($l,900.00) ($l,220.00) ($ 820.00) ($1,490.00) ( $ 6 80 . 00 ) ~ Special Review Use Determination Conditional Use It d..,~(/ Other: ftpmprt/l!J O~ ('{IT{IJV\I~ I ' 'PUP -------------------------------------------------------------------- -------------------------------------------------------------------- 6'G', CC MEETING DATE: '\S:'r... '-:, PUBLIC HEARING: YES C~o) n.\TE REFERRED: II-<l.g!>, INITIALS: oe... ....' ==========~=====~===============================~============= RE FERRALS : ~ Ci ty Atty City Engi neer Housing Dir. Aspen ~later City F;lectric Envir. Blth. ~ Aspen Consolo S.D. ~ Mtn. Bell _ Parks Dept. _ Holy Cross Electric _ Fire Marshall _ Fire Chief _ School District _ Rocky Mtn. Nat. Gas _ State Hwy Dept (Glenwd) _ StateHwy Dept (Gr.Jtn) _ Bldg: Zoning/Inspectn _ Other: ===~==~=====================================~==E=~p============~~===== FINAL ROUTING: DATE ROUTED: ....". IN TT IAL : '21:" City Atty City Engineer Oth e r : FILE STATUS AND LOCATION: ~11f"U''' ~ Building Dept. Other~ - .~ , , , '.~ ., .,< ; .1 "~ '; }. .,~ '. ,t " CASE DISPOS IT ION : " S c~wu'h G"'~'"f';~" fro!" H~.J;liJ,'j Pu 0 Revi~\"cd by: ([sF' pc.z:) City Councir---, il- '3 - ~ .; 7J... P4w CcrrvlW-~~'({'?l-f.JX-Vrn-(.J f. w";<) 4~ J-tvt~ Q. :f {l.fMLitj., PUt) i c.~~.L~ .1. Ll n, ,i\'f, Ptur;,^ CrJ.PNv1,.Utrr., . Jd -;)\1;1 :1Iv ~d~.tJ, /[21 ~~('!io /tv.).-(/''':<,,:'),:,~ j.t, ~. {rj 1 ~^' r'^,1.Y' ' P..evie\'lc(~ By: ;~spf2nP&Z Ci ty Council ,-. ,-. AGENDA ASPEN PLANNING AND ZONING COMMISSION December 3, 1985 - Tuesday 5:00 P.M. City Council Chambers City Hall Regular Meeting I. COMMISSIONERS' COMMENTS II. MINUTES III. NEW BUSINESS A. Schwartz PUD Exemption ,IV. PUBLIC HEARINGS A. Stream Margin Code Amendments Continued Public Hearing B. Employee Housing Code Amendments V. ADJOURN MEETING 1""'\ 1""'\, ~; '. MEK>RAl!IDUM FROM: RE: DATE: Aspen Planning and Zoning Commission Steve Burstein, Planning Office TO: Schwartz Request for Exmeption from Mandatory POD November 27, 1985 --------------------------------------------------------------------- --------------------------------------------------------------------- APPLICANT'S REQUEST: Alan and Gail Schwartz, owners of one half of the duplex at 505 Sneaky Lane, request an exemption from Mandatory POD to construct a 600 s.f. garage on the southeastern portion of the property. LO~ION: 505 Sneaky Lane, Lot l, Parry Subdivision, City of Aspen. ZONING: R-30 (PUD) BACKGROUND: The parry Subdivision creating Lots land 2 was approved in 1978. The duplex was granted a subdivision exception for the purpose of condominiumization in 1981. APPLICABLE SECTION OF CODE: The requirements for a Mandatory POD are stated in Section 24-8.13 of the Municipal Code. This Section requires that "all development shall proceed according to this Article VIII (planned Unit Development) as a planned unit development unl ess the Planning and Zoning Commission shall determine compliance with this Article is not necessary. " PROBLEM DISCUSSION: It appears that a garage structure as described on the applicant's letter would have no growth or environmental impacts, and would appropriately be considered development exempt from the POD requirements. The side yard setback in the R-30 zone is ten (lO) feet. Accordingly, the garage should be sited at a minimum of ten (lO) feet from the southern property line rather than five (5) feet as shown on the plat submitted. The front yard setback is thirty (30) feet, as measured from the property line for the edge of right-of-way. Sneaky Lane is a private road access, with no designated right-of-way. The forty (40) foot front yard setback proposed for the garage is more than adequate. As noted in the applicant's letter, the garage is outside the floodplain, as well as lOO feet from the high water line of Castle Creek. Stream Margin Review is therefore not required, and there would be no apparent effect of this proposal on the CastTe Creek drainage. Garages up to 600 sq. ft. per dwelling unit are excluded from the calcu- lation of floor area ratio according to Section 24-3.7(e)(3). Therefore this development is allowed within the F.A.R. Additionally, the garage would be architecturally compatible with the existing duplex, as it would be constructed of matching materials and colors. Based on the assumption to be confirmed at the Planning Commission meeting that the height of the ~ ...-., ~ ... garage will be no greater than necessary for storage of automobiles, we feel that this accessory structure is in keeping with the character of the neighborhood. RECO~ION: The Planning Office recommends the Planning Commission to determine that the proposed development is exempt from compliance with Article VIII of the Municipal Code, Planned Unit Development, provided that the setback requirements are honored. SB.l 2 ,-.. MEMORANDUM To: Steve Burstein, planning Office From: Date: Elyse Elliott, Engineering Office November 18, 1985 ~'- / c ,-", Re: Schwartz Request for Exemption from Mandatory PUD ---------------------------------------------------------------- ---------------------------------------------------------------- We have no problem with this request. ""'" 1""";. MEMJRANDU M TO: City Engineer FROM: Steve Burstein, Planning Office RE: Schwartz Request for Exemp:ion from Mandatory RID City Case No. 041A-85 November 4, 1985 DATE: --------------------------------------------------------------------- --------------------------------------------------------------------- Attached for your review is an application submitted by Alan E. and Gail Schwartz requesting exempeion from the Mandatory RID requirements for the south unit of the 505 Sneaky Lane duplex in Aspen. Please review this material and return your referral comments to the Planning Office no later than November 18, 1985, in order for this off ice to have adequate time to prepare for its presentation before the Planning and Zoning Commission on December 3rd. Thank you. 1"""\ , .1"""\ . MYLER, STULLER & SCHWARTZ ATTORNEYS AT LAW DAVID J, MYLER SANDRA M, STULLER ALAN E. SCHWARTZ 106 S, MJLL STREET, SUITE 202 ASPEN, COLORADO 81611 (303) 920-1018 October 30, 1985 Alan Richman, Director city of Aspen Planning Department 130 S. Galena Street Aspen, CO 81611 Dear Alan: By this letter, Gail and I are requesting exemption from the mandatory Planned Unit Development process as required per MR 524-8.13. Our property is identified as the south unit of the condominiumized duplex at 505 Sneaky Lane, in the City of Aspen. We propose to construct a 2-car carport/garage on the southeastern portion of our property. The specific location is at the end of our existing drive, and conforms with required setbacks. Construction of a garage at this location should have little if any impact on the existing PUD. The location is naturally bermed, screening the east and north walls of the proposed structure, while the south is screened by an existing cedar fence. The structure itself will be of materials and colors which match the existing house, and will be designed to minimize the visual impact. The structure will be located well beyond the flood plain of Castle Creek. In support of this application, please find the following attachments: 1) A letter from our adjacent property owner, as required by our Condominium Declaration, agree~ng to the structure in the specified location; 2) a condominium plat with the general location of the proposed building; 3) the Title Insurance Policy as proof of ownership; and 4) the required fee for the submission which will be prorated should this application be exempt. With thanks for your consideration of this matter, I am, Very truly yours, ,....... ~ October 22, 1985 Mr. & Mrs. 505 Sneaky Aspen, CO Alan Schwartz Lane 81611 Dear Gail & Alan: This letter will confirm our conversation regarding the carport/garage you are planning to build. In accordance with our condominium declarations, I grant my permission for you to build a two-car garage/ carport at the end of your driveway. Please let me know if you need any further confirmation. Sincerely, ~~ Owner :LH , . -, . r-. r-. SCHEDULE A Order Number: 10404 Commitment Number: CC 82695 1. Effective date: JUNE 8, 1981 AT 8:00 A.M. 2. PoficyorPolicies to be issued: Amount of Insurance A. Al T A Owner's Policy Proposed Insured: GAIL S. MAHONEY $ 225,000.00 B. AlTA Loan Policy Proposed Insured: $ CAROLYN HIAtT PARRY 99,000.00 c, s Tax Certificate 3. The estate or interest in the land ,described or referred to in this commitment ann covp.r~(1 PI'rCln IS lee slmp!e i!nd lltle> thelf'!o is El-t the effective date hereof vested in: CAROLYN HIATT PARRY 4. The land referred to in Ihiscomrnitment is described as follows: SOlllth'Unit, CAROLYN PARRY CONDOMINIUMS, according to the Map thereof recorded , 1981 in Plat Book at page _ and the Occupancy,Use and Maintenance Agreement recorded , 1981 in Book -'-- at Page _' County of Pitkin, State of Colorado. ~])/Jd3. Authorized Countersignature Page 2 !-iTE""\cRT TITLE nil 1\ UA ~TY. COMl',\ ~'Y 1652 Premium $277 .87 $ 20.00 $ 5.00 ,,-. ^' SCHEDULE B - Section 1 Order Number: 10404 Commitment Number:CC 82695 . Requirements The following' are the requirements to be complied with: Item (a) Payment to or for the account of thegran~ors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) to-wit: Properinstrument(s) creating the _estate orinterest to be insured must be executed iJnd duly filed for record, (c) Release by the Public Trustee of Pitkin County of Deed of Trust from Carolvn Hiatt Parry for the use of'Gail S, Mahoney to secure $3,300.00 dated, April 23, 1981, recorded April 23, 1981 in Book 407 at page 430. (d) Good and Sufficient Plat Map. (e) 'Deed from Carolyn Hiatt Parry to Gail S. Mahoney. (f) Deed of Trust from Gail S. Mahoney to the Public Trustee of Pitkin County for the use of Carolyn Hiatt Parry to secure $To Be Determined. (g) Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen, that the real estate transfer tax pursuant to City Ordinance No, 20 (Series of 1979), has been paid or that conveyance is exempt from said tax, 1653 Page 3 R 'I' E"'A H'I' '1'1 'l'LE t;" -\ H \ "; T'- '." 'fl' \ ...., . ~ ,~ SCHEDULE B - Section 2 Exceptions Order Number: 10404 Commitment Number, CC 826' The policy Of policies to be issued will contain exceptions to the. follow.ing ,tJl1less the same a're dIsposed of to the satisfactionof the Company: 1, Rights or claims of parties in possession not shown by the public records. 2. Easements,'orclaims of easements; nofshownby the public,records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survevand inspection of the premises would 'disclose' and which are not shown by the public records. 4. Any lien, or right to a lien,'for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the. public records. 5. Defects; liens, encumbrances, adverse claim~;or"other matters, if any, created, ,first appearing in the public records orattaching subsequent to the effective date hereof but prior to the date t.he proposed ,insured acquires .' of 'record for value, the estate o'r interest or mortgage thereon covered by this Commitment; 6.Any and all unpaid taxes and assessments and any and all tax sales which have not been properly redeemed or cancelled. Treasurer's Certificate of .taxes due has been ordered. 7.The right of the proprietor of a vein or lode tg extract and remove his ore therefrom,should the same be found to penetrate or intersect the premises, as reserved in United States Patent recorded in Book 55 at page 32 and in Book 55 at page 35. 8.A 16-foot easement for waterline, together with the right to enter along the course of said easement for maintenance and repair, as described in Deed to the City of Aspen recorded December 10, 1959 in Book 189 at page 320. 9.An easement for a 15-foot roadway as reserved in Deed recorded January 27, 1958 in Book 183 at page 286. 10.A right of way for, ingress and egress 40 feet in width as described in deed recorded February 18, 1963 in Book 201 at page 180. l1.A 20-foot easement for roadpljrposes as set forth in Deed recorded August 19, 1964 in Book 208 at page 512. 12.Easement granted to Aspen Metropolitan Sanitation District as set forth in instrument recorded May 17, 1978 in Book 348 at page 112. 13.Terms, conditions and obligations 'of easements and agreements as set ,forth in Plat recorded in Plat Book at ,page _' 14. Terms, conditions and obligat'ions of Occupancy, Use and Maintenance Agreement as set forth in instrument recorded ,1981 in Book ___ at page _' 15.Any tax, assessment, fees or charges by reason of the inclusion of subject property in Aspen Sanitation District, Aspen Valley Hospital District, Aspen Fire Protection District. 16.Deed of Trust from Carolyn Hiatt Parry to the'Public Trustee of Pitkin County for the use of ,Majestic Savings 'and Loan Association to secure $90,000.00 dated October 1,1979 and recorded October 12, 1979 in Book 377 at page 517. (continued on page4a) Exceptions numbered are hereby omitted. Page 4 S'1'E'\'ART'rI'1'LE GUARAN'TYCO~PANY 1654 l . ~ ,~, ~ . CONTINUATION SHEET SCHEDULE B Order Number: 10404 Commitment Number:CC 8269: 17.Deed of Trust from Carolyn Hiatt Parry to the Public Trustee of Pitkin County for the use of United Bank, of Denver N .A. to secure $18,697,03 plus interest- dated November 16, 1979 and recorded De,cember 26, 1979 in Book 381 at page 227. Page 4a 0055 S'l' R\\'A 1-::1' 'l'I 'l' L E {;lIAUA.N"TY CO~IJ',\"\.