HomeMy WebLinkAboutLand Use Case.505 Sneaky Ln.41A-85
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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(~
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CASE NO.;
STAFF:
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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 )
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Special Review
Use Determination
Conditional Use It d..,~(/
Other: ftpmprt/l!J O~ ('{IT{IJV\I~ I '
'PUP
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6'G', CC MEETING DATE: '\S:'r... '-:, PUBLIC HEARING: YES C~o)
n.\TE REFERRED: II-<l.g!>, INITIALS: oe... ....'
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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:
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FINAL ROUTING: DATE ROUTED: ....". IN TT IAL : '21:"
City Atty
City Engineer
Oth e r :
FILE STATUS AND LOCATION:
~11f"U'''
~ Building Dept.
Other~
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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---,
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P..evie\'lc(~ By:
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Ci ty Council
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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
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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
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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
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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
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MEMORANDUM
To: Steve Burstein, planning Office
From:
Date:
Elyse Elliott, Engineering Office
November 18, 1985
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Re: Schwartz Request for Exemption from Mandatory PUD
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We have no problem with this request.
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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:
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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.
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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,
,.......
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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,
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Owner
:LH
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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,
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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
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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,
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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.
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S'1'E'\'ART'rI'1'LE
GUARAN'TYCO~PANY
1654
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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
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