HomeMy WebLinkAbout2.0 Staff Report Director's DeterminationFile No. FPAA-10-15-8391
Director's Determination
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PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLICANT (OWNER)
REPRESENTATIVE
LEGAL DESCRIPTION
PRACTICAL DESCRIPTION
LOT SIZE
ZONING
Amended Final Plat Lot E-8 Filing No. 1,
Aspen Glen PUD
John Walker
Chad Lee, Balcomb & Green PC
Lot E-8, Aspen Glen Filing No . 1,
according to the plat thereof recorded
April 6, 1995 as Reception No. 476330.
#60 Puma Drive, in the Aspen Glen PUD,
approximately 1.5 miles northwest of the
Town of Carbondale, off of Highway 82.
The site located in Section 20, T7S,
R88W of the 61h p.m., and also known by
Assessor's Parcel No. 2393-203-01-008).
0.53 acres
Aspen Glen PUD (% Acre Zone District)
I. DESCRIPTION OF PROPOSAL -REQUEST
The Applicant is requesting an amendment to the Final Plat to adjust the building envelope
for Lot E-8. The request will correct a prior survey error and adjust the envelope to
conform with the footprint of the existing home on the lot (see attached surveyor
explanation). No other changes are being requested.
The adjusted envelope will still maintain a 12.5 ft. setback off of the westerly property line
and a 5 ft . separation from the utility and drainage easement located along the westerly
property line. Pursuant to the Aspen Glen PUD Guidelines for the Y2 Acre Zone District a
minimum side yard setback of 12 ft . 2.28 in. is required (%the height of the principle
building). The height of the existing home on the property is represented to be 24 ft. and
4 .56 in .
The overall size of the building envelope is represented to remain the same. No changes
to any easements and utility alignments will result from the proposed changes.
II. AUTHORITY-APPLICABLE REGULATIONS
The Amended Final Plat Application is being processed in accordance with Section 5-305,
Amended Final Plat and 4-103 , Administrative Review of the Land Use and Development
Code. An excerpt from Section 5-305 (C) containing the Review Criteria for an Amended
Final Plat is provided below.
5·305 AMENDED FINAL PLAT REVIEW.
C. Review Criteria
An application for an Amended Final Plat shall meet the following criteria:
1. Does not increase the number of lots; and
2. Does not result in a major relocation of a road or add any new roads; or
3. Will correct technical errors such as surveying or drafting errors.
Public notice for the Director's Decision is required in accordance with Sections 4-103, 4-
101 and Table 5-103.
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VICINITY MAP tttlP
Ill. STAFF ANALYSIS
1 . The proposed adjustments to the build i ng envelope are consistent with the 112 Acre
Zoning and will maintain PUD required setbacks based on the represented building height.
The Applicant has provided a building height verification form signed by a licensed
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professional suiveyor (see attached). The building height and verification form has been
reviewed by the Building Department.
2. While the Application is generally consistent with County Policies related to building
envelopes within the Aspen Glen PUD, the Applicant should be required to provide
confirmation by a licensed professional suiveyor that the eave overhangs for the existing
structure will be within the building envelope .
3. Subject to the above conditions the proposed amendment will allow the existing
structure to be conforming to the code and PUD. The fact that there will be no net increase
in the building envelope size further supports the Application's consistency with the PUD
approvals.
4. The adjustment is proposed to follow the footprint of the existing structure and will
minimize the change being requested and minimize the potential for impacts on adjoining
properties. A letter of support from a neighboring property owner was included in the
Application (see attached).
5 . The Applicant has obtained approval from the Aspen Glen Homeowners Association
Design Review Committee (see attached letter). The letter outlines several conditions and
understandings regarding their approval. The County also referred the Application to the
Association . No additional comments have been received at this time.
6. No nonconforming conditions will result from the proposal and no changes to
easementst utilities, or drainage configurations will result from the proposal.
7. The Application was referred to the County Suiveyor and compliance with his
technical comments shall be required prior to final execution and recording of the amended
plat.
8. Review of the amended plat by the County Attorney's Office will be conducted prior
to presentation of the plat for signatures. All concerns of the County Attorney's Office
including signature blocks shall be addressed by the Applicant.
9. The Applicant's submittal waiver request from providing a subdivision improvements
agreement is consistent with the waiver criteria contained in Section 4-202. All
improvements and infrastructure to seive the lot are in place and will not be impacted by
the proposal.
1 O. The Application complies with the Review Criteria contained in Section 5-305 (C)
noted as follows:
• The Application will not result in an increase in the number of lots.
• The Application will not result in the relocation of any major roads and does
not add any new roads.
• The Application will seive to correct a suivey error.
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11 . The Applicant has provided copies of proof of mailing of the public notice to the
adjacent property owners and owners of mineral rights on the subject property. No public
comments were received by the Community Development Department.
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EXCERPT FROM DRAFT
AMENDED PLAT
IV. SUGGESTED FINDINGS AND RECOMMENDATION
Staff supports a finding that subject to compliance with conditions of approval the
Amended Final Plat Application for Lot E-8 Aspen Glen Filing No. 1 meets the
requirements and standards of the Garfield County Land Use and Development Code
including the Amended Plat Review Criteria contained in Section 5-305 . The Application is
recommended for Administrative Approval by the Director of the Community Development
Department subject to the following conditions of approval.
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1. That all representations of the Applicant contained in the Application submittals shall
be conditions of approval unless specifically amended or modified by the conditions
contained herein.
2. All requirements from the County Surveyor shall be met prior to submittal of the plat
for final execution.
3. The Plat including signature blocks and plat notes shall be subject to final review
and approval by the County Attorney's Office prior to submittal of the plat for final
execution.
4. The Plat shall include a plat note indicating the purpose of the amended plat to be
an adjustment to the building envelope on Lot E-8. A plat note shall also be required
indicating that all previous plat notes set forth on the Final Plat of Aspen Glen Filing No. 1,
as recorded as Reception No. 467330 and any amendments thereto shall remain in effect.
5. The Amended Plat shall be subject to compliance with the Aspen Glen Homeowners
Association approval letter dated 10/14/15 which letter shall be attached as an exhibit to
the Director's Decision.
6. Prior to execution of the amended plat, the Applicant shall provide documentation
from a licensed surveyor that all eave overhangs for the existing structure will be located
within the amended building envelope.
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ASPEN GLEN HOMEOWNERS ASSOCIATION APPROVAL
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Ho111eow11ers AssoC'in1io11 nl Aspe11 Gle11, l11l'.
Design Review Colllllutt ~
October 14 . 2015
Mr. Glenn Hartman
Garfield County Building and Planning Department
108 8th Street, Suite 20 I
Glenwood Springs. CO 81601
Re: Building Ennlope Adjtntmf'nt Lot E-08160 Pumn
Dear Glenn,
via email
This lc:tter is to confinn that the Aspen Glen Design Rn·iew Committee bBs reviewed tl1e
proposed plat nmc:ndment to ndjust the: building en\·elopc: for Lot E -08 (60 Pi.w1a) nt n
meeting October 7. 2015. The proposed adjustment was considered to ncconuuodnte the
recently co111pleted home: that was built erroneon sly outside: of the platted building
cuvc:lopc: due: to a sun·ey error. This e1ror was only discovered when the buyer of the:
home requested a new survey ns part of tl1c:ir due diligence .
The DRC app roved Che adjustment and recommends approvnl to the Garfield Comity
B oard of County Conuuissioners with the foUowing conditions:
1. The ndjustment shall mimic the: footprint of the: home on the west side of the
building c:n \'elope, including eiwes and other items that nrc req uirc:d by Garfield
Cotmty to be: contained within the: building c:n,·c:lope .
2. A copy of the recorded amended plat shall be provided to the Aspen Glen DRC .
3. The DRC bas only approved the plat amendment. Any further improvements t o
property shall be submitted for DRC review and appro\"al.
The: DRC noticed property owners within the \'icini ty of the property nnd no objection s
were noted. In fact , the ndjacent property owner most affected, stated in n lettCJ· to the
DRC that she supports tl1e pint amcndmc:nt because thei e is ample ve!!etntion between t h e
two homes and her dri\·ewny and ga rnge are o n that side of her property.
0080 Bald Eaglci lf'OJ Carbondal11 , CO 81623 Tel (970J 963-3361
Ematl laslr11lamo11t@asptmgl1111hoo com
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The Aspen Glen DRC reconuuends to tlle Grufield County BOCC approval of the
proposed pint amendment as proposed on the Amended Final Plat Aspen Glen
Subdivir,ion. Filing 1. Lot ES. dratm by JT dated 9 I , 151 .
The Aspen Glen DRC anticipntes the opport\u1ity to review the pint nmeudment
npplication submitted to Garfield County.
If you have any questions please do not hesitate to co11tacl me.
Sincerely.
Leslie Lamont. Administrator
Aspen Glen Desi~1 Review Committee
Cc: ?-.fr. John Walker
Mr. Michael Sawyer
OOSO Bald Eagle IT'IJ.l Carbondafo, CO Slol3 Tel . (970) 963-3361
Email. leslft'lamonr@'asptnglenhoa c-om
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Views of the Site
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From: Jeffrey A Tuttle P.L.S .
Tuttle Surveying Services
727 Blake Avenue
Glenwood Springs , Co . 81601
Ph . (970) 928-9708
Fx. (970) 947-9007
Email jeff@tss-us.com
Date : August 12 , 2015
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TUTTLE SURVEYING SERVICES
Project: 60 Pwna, Carbondale Colorado
To whom it may concern:
In August of2013 I was requested by Sue Hess of Aspen Snov.nmss Sotheby's Realty to provide an Improvement
Location Certificate for Aspen Glen Lot E8. I sub-contracted Divide Creek Surveyors to perform an Improvement
Location Certificate on Aspen Glen E8, because our schedule did not allow us to meet the survey deadline, it was
delivered to the client on a Tuttle Surveying Services border. In January 2014 al the request of Rich Camp we added
topography to Lot ES.
In July of this year I was requested by Karp Neu Hanlon to provide an Improvement Location Certificate of Lot E8
(60 Puma), the work was completed and my AutoCAD Technician doing her due diligence discovered the bearing
tying the building envelope to a property comer was not correct, we issued an Improvement Location Certificate
showing the approved Site Plan Envelope as well as the Envelope as platted.
The building envelope per the approved Site Plan does not interfere with any platted easements nor does it affect any
view lines . The Amended Plat we are asking for approval of shows the building envelope as shown on the
Architectural Site Plan that was subsequently approved by the Aspen Glen Design Review Conunittee as well as
Garfield County Building and Planning, even though I may never have certified the original Improvement Location
Certificate I feel obligated to help with this amendment, so I am asking you to please approve this Amended Plat.
Please feel free to contact me with any questions or comments.
Sincerely
Aspen Glen Homeowner's Associatio11
Des ign Review Comm ittee
Aspen Glen Height Survey Verification Form
(To be filled out by surveyor prior to completion of rough framing and
before rough framing inspection )
Property Lqcalion: le 0 fv 'VJ A D (<:' 1 VC · -A G £. D
Date: _t:l:.f«> 1 l 2d() I Z-o I?
I, 0-c Ff,£-<: ;(.ft U:o-f Tu71'9Professional Land Surveyor of
(na e)
The state of Colorado verified that the undisturbed or natural ground surface at the
midpoint of the site was: !.ao Z. '7 -Feet Above Sea Level.
Measured on: .J fe-1 .J ,i.,,<:. ( I 0 j ;;z..,o I <f.
(l\1onth)(Dayj {Year
I found the building height (as specified in the Garfield County Land Use Code*) to be
2 t..f Feet <}%.inches above the undisturbed or natural ground surface.
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Company name
/Z.I bl.A V--c Ave.
Address
&L:€-J L-JoaD ~b S> co
City, State, Zip [3/ h D j Seal
q 10 ~ Cf ?8-9708
Phone
*Garfield County Land Use Code Section 2.02.09 '"
Building Height: The distance, measured vertically, from the undisturbed or natural
ground surface at the mid -point between the front and rear walls of a building to the top
of a flat roof or mansard roof or to the mid-point between the eave line and the peak of a
gable, hip, shed or similar pitched roof.
0080 Bald Eagle Way Carbondale. CO 81623 Tel: (970) 963-3362
Email:llamont@sopris.ne1
To the Aspen Glen Design Review Committee:
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My name is.J)oQ c.> \\\.'( !?nlITT live ;t 1 \o \ \...t.Jl'0.lt-. My home is directly adjacent
to Mr. Johnny Walker's recently constructed home . l have been made aware that as a result of a
surveyor's error, Mr. Walker's home encroaches outside of the building envelope by a few feet. This
encroachment most directly impacts me given its proximity to my driveway . However, given that the
encroachment is adjacent to my driveway, for the most part, and given the adequate landscaping between
our homes , I am not concerned about the encroachment. Tht!ri:fore, I support Mr. Walker's request for
approval of a modified building envelope. Please let me know iftherc is anything else you need from me .
Thanks, \