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02-22-10 Town Council Packets(3) Fax 3613 ,4d#ea e4e, da 91612 ;V a"15 (970)920-1125 @aa�rrcca.cet December 10, 2009 R E CFAV ED, Mr. Chris Conrad, Planning Director DEC 11 `1009 Town of Snowmass Village uni t'` D cl _;pment P.O. Box 5010 rErun�ty C� Snowmass Village, Colorado 81615 RE: CHARFOOS LOT LINE ADJUSTMENT Dear Chris, Please consider this letter to be an application to amend the plat for the Melton Ranch Unit I Subdivision as originally recorded in Plat Book 3 at Page 100 of the Pitkin County records. The purpose of the application is to adjust the lot lines between Lots 47 and Lot 48 to reflect a conveyance of land from Lot 48 to Lot 47 that occurred several decades ago but was never documented as an amendment to a recorded plat. Legal descriptions of Lot 47 and 48 (both before and after the proposed lot line adjustment) are provided on the attached subdivision exemption plat. The address of the subject property is 115 Martingale Place, Snowmass Village, CO 81615. The Pitkin County Parcel ID# for the subject property is 264536405447. The subject property is owned by the Lynda R and Ronald B. Charfoos Living Trust (hereinafter, the applicants Proof of the ownership of the property is provided via a special warranty deed (see Exhibit #1). The applicants have submitted a letter designating Alan Richman Planning Services as their representative for this application. This letter is attached hereto as Exhibit #2. The applicants and I have held pre application conferences with you and members of your staff regarding this application and we were provided a summary of the required contents of the subdivision exemption plat. Attached to this cover letter is a draft subdivision exemption plat, prepared by Tuttle Surveying Services, that complies with the requirements of the Town's Land Use and Development Code. Following below is a brief summary of the proposed lot line adjustment, and an explanation of how the proposal complies with each of the review standards of Section 5 -270 (D), Subdivision Exemption, of the Town's Land Use and Development Code. Mr. Chris Conrad December 10, 2009 Page Two Description of Application The applicants purchased the property from the prior owners in February, 1998. At that time an improvements survey was completed which showed that a portion of the existing residence on Lot 47 encroached onto Lot 48. It was determined that the residence was built in 1972, pursuant to a building permit issued by Pitkin County, but the structure was not built in the same configuration as shown on the approved plot plan. Therefore, in 1998 the then owners applied for, and the Town granted an Administrative Variance to allow that portion of the above grade deck, garage and roof overhangs which extend beyond the platted building envelope to remain (see Exhibit #3). The applicants are currently in the process of remodelling certain portions of the residence. In the course of its review of the application, the Planning Department determined that while the Administrative Variance allowed these improvements to remain, the plat for Melton Ranch Unit I had never been amended to reflect the fact that the owner of Lot 48 had transferred a small area of the lot (approximately 0.03 acres, which is approximately 1,300 sq. ft.) to the owner of Lot 47 to rectify the encroachment. Therefore, as a condition of issuing the building permit, the Town required this subdivision exemption to be processed to reflect the adjusted lot line between the two properties (see letter from Town staff and response from applicant attached as Exhibit #4). Compliance With Review Standards A subdivision exemption that adjusts the lot lines between two adjacent parcels may be approved if the application complies with the following standards: 1. Exemption is Necessary. The exemption shall be necessary for the preservation and enjoyment of substantial property rights of the applicant. Response: This exemption is necessary to amend the plat to reflect the location of the existing improvements on the lot. 2. Consistent With Subdivision. The exemption shall be consistent with the preservation of the goals, objectives and standards of the particular subdivision or land area involved. Response: This minor change to the configuration of these two lots does not alter the basic intent of the Melton Ranch Subdivision or change the situation for the owners of either of these lots. It simply reflects a land transaction that occurred more than a decade ago. Mr. Chris Conrad December 10, 2009 Page Three 3. No New Lots Created. Granting of the exemption shall not create any new lots in any single family subdivision. Response: No new lots will be created by the proposed lot line adjustment. 4. Comply With Development Code. The exemption shall comply with the standards of the zoning district in which the property is located and all other applicable standards of this Development Code. With respect to an application for a lot line adjustment, if any of the lots or structures thereon are nonconforming prior to the adjustment, then no adjustment shall be allowed that increases the nonconformity of the lot or structure. Response: The requested lot line adjustment will bring Lot 47 into compliance with the standards of the underlying zone district because it will eliminate an existing nonconformity with regard to the side yard setback of that lot. 5. No Adverse Impacts. Granting of the exemption shall not be detrimental to the public welfare and shall not affect in a substantially adverse manner the enjoyment of land abutting upon or within the area in which the subject property is situated. Response: Granting of the proposed exemption will not have an adverse impact on any neighboring land owner as the improvements are already built and the adjustment merely recognizes the lot line that both owners have adhered to for the last decade. 6. Not Increase Total Allowable Floor Area. Granting of the exemption shall not increase the total allowable floor area on a lot or lots affected by the proposed exemption beyond the total allowed without the exemption, and any change in allowable floor area permitted by the exemption within those totals shall be consistent with the surrounding area. Response: There will be no change in the total allowable floor area on the two lots. 7. Special Circumstances. In the instance where the Town Council is unable to find that an application is consistent with any of the above standards, the exemption may only be granted if the Town Council finds that there are special circumstances or conditions affecting the subject property such that the strict application of these standards would result in undue hardship and deprive the applicant of the reasonable use of the land. Response: The applicants believe they have demonstrated that the application is consistent with the above standards, so a demonstration of special circumstances is not necessary. Mr. Chris Conrad December 10, 2009 Page Four Conclusion In summary, the applicants have submitted all of the materials requested during the pre application discussions, have responded to the applicable standards of the Town's Land Use and Development Code and have demonstrated compliance with said standards. The applicants would hope for an expeditious review of this application by the Town, so the subdivision exemption plat may be recorded in a timely manner. Please feel free to contact me should you require any additional information. Very truly yours, ALAN RICHMAN PLANNING SERVICES A toa* Alan Richman, AICP EXHIBIT #1 SPECIAL WARRANTY DEED GRANTORS, ALFRED JOOS AND CAMILLE LIONE, for the consideration of Ten and no 100 /ths Dollars ($10.00) in hand paid, hereby sell and convey to GRANTEE, LYNDA R. AND RONALD B. CHARFOOS LIVING TRUST, whose legal address is 3043 Bloomfield Shore Drive, West Bloomfield, MI 48033, the following real property in the County of Pitkin, and State of Colorado, to wit: AS MORE SPECIFICALLY SET FORTH ON EXHIBIT "A" HERETO also known by street and number as: 115 Martingale Snowmass Village, CO 81615. with all its appurtenances, and warrant the title against all persons claiming under them. Signed this,2�iay of February 1998. Alfred Joos Camille Lione STATE OF Tad COUNTY OF �r�(q ss. The foregoing instrument was acknowledged before me this day of February, 1998, by Alfred Joos and Camille Lione. MARY L. GARMICHAEL My commission expires: M YCOMS� i D�l� Witness my hand and official seal. �vuC ,,Z Notdiy Publi V r o w. s l4 re of l 11111 11111111111111111111 VIII 11111!1 III !1111 IIII IIII 413984 02/28/1998 01:31P SPEC WD DAVIS SILVI 1 of 2 R 11.00 D 78.00 N 0.00 PITKIN COUNTY CO 413954 TRANSFER DECLARATION RECEIVED 02/26/1998 EXffiBIT "A" PARCEL I LOT 47, MELTON RANCH ONE PARCEL H A tract of land situated in the SE 1 /4 SE 1 /4 of Section 36, Township 9 South Range 86 West of the 6ht P.M., said tract being part of Lot 48, Melton Ranch Unit One, more fully described as follows: Beginning at a point on the Southwesterly Line of said Lot 48 whence the most Southerly comer of said Lot 48 bears South 46 degerees 09 minutes 00 seconds East 23.92 feet; thence North 46 degrees 09 minutes 00 seconds West 31.44 feet along Southwesterly line of Lot 48; thence North 61 degrees 43 minutes 30 seconds East 9.65 feet; thence South 28 degrees 16 minutes 30 seconds East 29.92 feet to the point of beginning. County of Pitkin, State of Colorado 111111 IIIII lillll 111111 111 IIIII Ilillll III VIII IIIIIIII 413954 02/26/1998 01 :31P SPEC WD DAVIS SILVI 2 of 2 R 11.00 D 75.00 N 0.00 PITKIN COUNTY CD EXHIBIT #2 Mr. Chris Conrad, Planning Director Town of Snowmass Village P.O. Box 5010 Snowmass Village, Colorado 81615 RE: SUBDIVISION EXEMPTION FOR LOT 47 AND PART OF LOT 48, MELTON RANCH UNIT I Dear Mr. Conrad, We hereby authorize Alan Richman Planning Services to act as our designated representative with respect to the land use application being submitted to your office for a subdivision exemption for our property, Lot 47 and part of Lot 48, Melton Ranch Unit I. Mr. Richman is authorized to submit this application on our behalf and has power of attorney to represent us for purposes of this application. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services at P.O. Box 3613, Aspen, CO, 81612. Mr. Richman's telephone number is 920 -1125. Sincerely, Ronald and Lynda Charfdos 260 E. Brown Street, Suite 200 Birmingham, MI 48009 248 723 -4600 EXHIBIT #3 j i��J)Vallff of y l ADMINISTRATIVE VARIANCE Camille Lione and Alfred Joos, the owners of Lot 47 and a portion of Lot 48, Melton Ranch Unit i Subdivision, in Snowmass Village, Pitkin County, Colorado, have applied for an administrative variance in order to allow certain existing above -grade structures, which extend outside the platted building envelope as shown on Exhibit A, to remain. As specifically identified on the exhibit, the request concerns that portion of the deck, garage and roof overhangs located in the side and front yard setback areas. In accordance with the provisions of Section 16 -152 (c)(1)g of the Snowmass Village Municipal Code (the "Code the Town Planner is given the authority to grant said variance. This provision is intended to permit an encroachment into a required setback area where a building or portion thereof was previously constructed outside of the established building envelope for the lot. A building permit was issued by Pitkin County on June 1 1972 for the construction of a new single family residence within the subject lot. The existing condition, as shown on the Improvement Survey prepared by Aspen Survey Engineer's Inc. (Job No. 22117), indicates that the residence, which included the subject deck, garage and overhangs was not located in accordance with the approved plot plan. After reviewing the application, building plans, and Improvement Survey, the Town Planner has found that the request is consistent with the review standards contained in Section 16- 152(d) of the Code. The administrative variance is hereby granted on this 2-t1 f"N day of July, 1998 to allow that portion of the above -grade deck, garage and roof overhangs which extend outside the platted building envelope as shown on Exhibit A, to remain. This approval is for the existing improvements only and shall be subject to the recording of the variance document, at applicant's expense, in the records of the Pitkin County Clerk and Recorder. Jo# Ohison, Planning Director M:/Wpdatalplanning /administrative variances 18AVL47Me1tonl 111111111111111111 111111111111111111111 III 1111111111111 420701 08/14/1998 12:59P VARIANCE DAVIS SILVI 1 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO Post Office Box 5010 Snowmass Village, Colorado 81615 (970) 923.3777 Fax (970) 923.6083 o tosvadm @rof.net 1111{ tlilfl 111111 fllltl {Ill 11111 Ill lull Illl itll w 420701 08/14/1998 12:59? VARIANCE DAVIS SIL.VI 2 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO o w 00 w m �0\9�0 II'I8 F- `L g o in �A- tn og k ,96 C, 13Jvac, r SR S p� �ING�ND 6rfkRA4E�R1- P VG) ry o o0 ioil 115 Martingale Place/Lot 47, Melton Ranch I Yahoo! Mail rage EXHIBIT #4 MAI C`8s.r 115 Martingale Place/Lot 47, Melton Ranch I Thursday, September 17, 2009 10:26 AM "Chris Conrad" <cconrad @tosv.com> rbcharfoos @yahoo.com nfinley @clre.com, charies @cunniffe.com, "Bob Nevins" <bnevins @tosv.COm> Mr. Charfoos, This is to follow -up on our conversation last week regarding your proposed addition and the need to submit a Subdivision Exemption application to combine the above referenced parcel with that portion of Lot 48 deeded in 1973 to the then owner of Lot 47. We will accept your building permit application for zoning review prior to subdivision exemption approval. The application may be submitted subsequent to building plan review and approval but needs to be received and processed prior to final inspections. You will need to include a letter with the permit application indicating that you will submit the exemption application for processing during the term of construction and understand that the building permit approval will be conditioned upon completion and recording of the exemption plat prior to final zoning approval and Certificate of Completion for the constructed improvements. The subdivision exemption process will not require the approval or authorization of the owner of Lot 48 I have copied Nghi Finley and Charles Cuniffe on this email but don't know who you want to handle the subdivision exemption application for you. Please ask them to contact Bob Nevins, Planner, at 970 923 -5524 or by email at bnevins @tpsv.c0m for assistance in preparing the application. 1 apologize for the delay in sending this email but things have been rather hectic this week.... Best Regards, Chris C. Conrad TOSV Planning Director P.O. Box 5110 Snowmass Village, CO 81615 Phone: (970) 923 -5524 X637 FAX: (970) 923 -1861 Email: cconrad @tosv.com http:Hus. mc3 82. mail. yahoo .com me /showMessage ?sMid= O &filterBy= &.rand =1063 31012... 9/17/2009 MAIN (248) 723 -4600 TELEPHONE: (248) 569 -5300 COM M U NI TY FAX: (248) 723 -6583 PLRNiVERS BUtIDERS C��i���Gli CHARFOOS BUILDING 260 EAST BROWN STREET SUITE 200 BIRMINGHAM, MICHIGAN 48009 September 29, 2009 Chris Conrad TOSV Planning Director P.O. Box 5110 Snowmass Village, CO 81615 Dear Mr. Conrad, I would like to respond to your email to us dated 9/17/09 regarding the subdivision exemption for our lot 47 and the deeded portion of lot 48 (deeded to lot 47 owners August of 1977) and our ability to submit for a building permit concurrent with this letter. Presently, we have TSS preparing the subdivision exemption plat. As agreed upon, we will fill out the forms and present them for approval prior to final Certificate of Occupancy and completion of construction. It is understood that Ron Lynda Charfoos will sign subdivision exemption for our portion of Lot 48 and all of lot 47. We will not be required to get any othersignatures. All of this ties into the administrative variance we were granted by Snowmass on the 25 of July 1998. We want to thank you for all of your help in this matter. You were very patient with us and it is greatly appreciated. I hope this letter is what you wanted from Lynda and me so that we may proceed with permitting. Sincerely, 11/ d 1 r l Ronald Char Lynda Charfoos RESIDENTIAL COMMFRCIAI_ LAND DEVELOPMENT /Z 0 n nch Unit I Subdivision Pi kin County yer in Plat qe >00. to of Colorado legend and Notes• E) Indicates found monument as described as indicates set F5 rebar and red plastic cop, L.S. 33638 l Bearings are based upon a 0 rebar with crap found at the no theastany comer of sold Lot 47 and a 45 rebar with duminum cap found at the northerly comer of said Lot 47 using a bearing of N46V9'00'W between the OV two desa'ffied monuments. This survey does not represent a tithe search by this surveyor to determine ownerstn4a or to discover easam to or other encumbrances of record and no YY Me canmltment was proNded at the time of this survey. 1 V k fits property Is subject to apparent easements for existing utilities N This property /s sub to easemmtt rights of way and /or requirements as noted or shown on the Find Plot Melton Ranch Unit SubdUsial. According to pane/ 08097CO181D, a flood Insurance Rate Map (FIRM) issued QO Sat boci• by FEMA, this propety Is located hi Zone X' areas datermbed to be outside 500 —}ear good plain. The unit of measurement used for this survey is the U.S.: SLrvey Foot. v�Q o FND., 0 Rebar and j aluminum cap h 0 Certificate of Dedication and Ownershio ,OQ \o KNOW ALL MEN BY 77ZE5E PRESENTS 7hat the undersigned, Ronald B. and Lynda R. Charfaoe, being sale owners In fee simple of all that real property being more particularly de bsd as follows• Lot 47 Motion Ranch Unit _9jbd1ds/on, P/tkkn County, Colorado, recorded as Reception Na. 124854 and a part of Lot 46 as described In the document recorded February 26, 1998 as Reception Na. 413954. 'o- Qx1ts have caused the descr&ed real property to be surveyed, laid out platted and subdIdded into lots and blocks as shown on th /s Amended find Plat under the name \qto and stye of Lot 47 and Lot 48, Melton Ranch Unit SLbdivis/a, according to the plat thereof recorded as Reception No 124854, a subd/viskrn In the County of Pitkin. fie Owners do hereby dedicate and set apart all of the streets and roads as shown on the actiomvanyfng plat to the use of the public lhne ker, and hereby dedicate to p \•o the Public Utilities those portions of said red property which are are labeled as uMly easements on the accompanying plat as pepetual easements for the o, installation and maintenance of utglt1e4 krigat/on and dro/nogs facffitieg Including but not limited to, electric lines, gas llnes� telephone Ines• together with the right to trkn lnterfakng frees and brush; with perpetual right of Ingress and egress for /nstal/tlon and maintenance of such /lnes SLch easements and rights shill be utilized in a u ^q \o reasonable and prudent manner. l B N That all eApanse for street poking or Improvements shall be famished by the seller or purchaser, not by the County of Pitkin. t �Jry -\o\ IN {N7NESS HHLREOF sold owners) has caused his mane to be hereunto I Lot 4` a subscri5ed this day of A.D. 2009. j 0.39 Ac t/— �o 1706 S.F. -Al-- By of l BY of G STALE OF OOLORADO )se, COUNTY OF �rA 4 F fie foregoing document was acknowledged before me this ��Ipc day of 2009, by WMESS my hand and of cA21 sea.. Lot -A6' CURVE TABLE and art Clerk and Recorder's CertlAcots• Chord Chord CURVE Radius Length Distance Beoring Delta ]his plat was filed for record In the Offioe of the Clerk and C4 290.38 105.78 105.20 N1B31 05 E 20-52'18"1 1 Recorder of Pltkln County, Cbl radq at o'clock _—A., this C5 60. 001 81.22 7516 5043903 °W 7733'36" of cloy of 2009, In Boric of Page Reception C6 60.00 37.47 36.67 56179 21 "W 35 47100" No. C7 190.38 11284 111.20 S2156'09'W 3357'40" perk Recordor BY Deputy Nonce: Acceru'rg to Corarada rcrµ you LUST cemmmce TATTLE' SDRF".12W S�a Glenwood Springs, Colorado 81 0 �e Place Z O F_1 727 Bloke A venue Drawn by: AS Dots: 12/01/209 (970) 928 -9708 (FAX 947 aye, Co. jeff®tss —us. cam