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HomeMy WebLinkAboutcoa.lu.sm.1210 Red Butte Dr.0077.2009.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0077.2009.ASLU 27350131605 1210 RED BUTTE DR BEN GAGNON STREAM MARGIN REVIEW ALICE DAVIS 11 /06/09 CLOSED BY ANGELA SCOREY ON 1/7/10 ~,"', ^". -. .... NOTICE OF APPROVAL For An Insubstantial Amendment to an approved plat for Gaylord Subdivision, a Planned Unit llevelopment, Lot 5, at 1210 Red Butte Drive Parcel ID No. 2735-013-16005 APPLICANT: Brian Hazen REPRESENTATIVE: Davis Horn Inc. SUBJECT & SITF, OF AMENDMENT: Insubstantial Amendment to an approved plat for Gaylord Subdivision, Lot 5, at 1210 Ked Butte llrive, involving an amended setback. SUMMARY: The Preliminary and Final Plat of Gaylord Subdivision, a Planned Unit Development, was approved in July ]976. Included in this original plat were "Building Areas" and "Setback Lines" for the five lots. In June 1988, a "First Amended Plat of Gaylord Subdivision, a Planned lJnit Dcvclopment" was stamped as "approved" by the Building Department concurrent with the issuance of a building permit for the original house on Lot 5. The First Amended Ylat showed an expanded building area and amended setback that was closer to the Roaring Fork River as compared to the original plat. Although this First Amended Plat was never recorded in the Pitkin County Clerk and Recorder's Office, the City of Aspen Attorney's Office determined that the applicant could rely upon the First Amended Plat because it was stamped as approved by the Building Department in June 1988. "'fhe Community Development Department discussed the case with representative Davis Horn Inc., finding that the planned remodel and expansion would not include structures closer to the Koaring Fork River than currently exists. The applicant agreed to record a First Amended Plat establishing a new setback that is closer to the existing structure as compared to the unrecorded First Amended Plat. STAFF EVALUA"LION: Staff recognizes the determinatiun of the City Attorney's Office and finds that the Insubstantial Amendment for an approved plat meets the standards for this administrative authorization by the Community llevelopment Director, pursuant to Section 26.480.080(A). DECISION: The Community Development Director finds the insubstantial Amendment to an approved plat meets the standards for this administrative authorization by the Community Development Director, pursuant to Section 26.480.080(A), as "a minor change to a plat which the Community Dcvclopment Director finds has no ci'fect on the conditions and representations limiting the approved plat," and ihcreby APPROVES the Insubstantial Amendment to the approved plat as specified below. Page lof3 r/\ /" ~ representations limiting the approved plat," and thereby AYPROVI;S the Insubstantial Amendment to the approved plat as specified below. The approved Insubstantial Amendment to the approved plat for the Gaylord Subdivision, Planned Unit llevelopment establishes an amended setback for Lot 5, a shown in the First Amended Plat of the Gaylord Subdivision, recorded in the Pitkin County Clerk & Recorder's Office. APPROVED BY: -- -__ Chris Bendon Community Development Director ~ ~ ~~ Date Page 3of 3 .~. ,.. ~.. ,~,, PUI3LIC NO"I'ICF, Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of an Insubstantial Amendment to an approved plat pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following legally described property: Gaylord Subdivision, A Planned Unit Development, Lot 5; City and Townsite of Aspen, the property commonly known as 1210 Ked I3utte Drive, by order of the City of Aspen Community Development Department on November 6, 2009. The Applicant received approval for an Insubstantial Amendment to an approved plat, relating to an amended setback. Por further information contact Ben Gagnon, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2755. s/ City of Aspen Publish in The Aspen Times on November 15. 2009 .-.. «...~ -., ... AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) 1, ~~ ~~Gt c~C~ ~-1 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signatu e The foregoing "Affidavit of Notice" was acknowledged before me this ~6 day ofjJpdQXV~.~tl , 200°x, by ~.~~a. ~` CC~~.t~ WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ~~ () a0 ~ O _ , xC~ Notary Public ATTACHMENTS: P5 bZ~9n ~e Assn Times Weekly on November COPY OF THE PUBLICATION ~ E ~~RA MEYER My Commission Expires 08tt0120t0 e/ City of Aspen Davis Horn PLANNING & REAL ESTATE COI November 30, 2007 Jessica Garrow Aspen Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Hazen Stream Margin Review for 1210 Red Butte Drive Dear Jessica: `~. -206. Q-5 LVl vo ? Lf • 2007_ ~~~,~ C~~-tdtrl. ,~~~ ~ ~~ill ~ ~ 1/~ L~ln Davis Horn Incorporated represents Brian Hazen (hereinafter referred to as the "applicant"), the owner of a property at 1210 Red Butte Drive, legally described as Gaylord Subdivision Lot 5. (PID#2735-013-16-005). Please refer to Attachment 1 for a vicinity map showing the location and surrounding neighborhood. The applicant is proposing an addition to his single family home and is requesting Stream Margin Review approval for the proposed addition pursuant to Section 26.435.0400 of the Land Use Code and Special Review approval to determine top of slope through a site specific slope analysis pursuant to Section 26.435.040E. One variance from the Residential Design Review (RDR) standards is also requested. This letter describes the existing conditions, the proposed development, the background on the subject property and demonstrates compliance with the applicable requirements in the City of Aspen Land Use Regulations. The pre-application conference summary identifying the applicable regulations is found in Attachment 2. EXISTING CONDITIONS The subject site is located near the end of Red Butte Drive directly on the Roaring Fork River. Attachment 3 includes an improvement survey (at two scales) and topographical mapping of the subject property dated April of 2007 completed by John Howorth L.S. of Aspen Survey Engineers and architectural drawings by Menendez Architects. The property boundaries, the Mean High Water Line, the 100 year Flood Plain, the Top of Slope and the fifreen foot Top of Slope Setback are shown on the survey. The topographical analysis gives a site specific slope analysis depicting land azeas with grades less than 20%, from 20 to 30% and over 30% in grade. This analysis is used in calculating land azea to determine allowable floor area. Site sections for determining top of slope are included in the survey work as well. The existing home is located out of the 100 year flood plain as was proven when the home was approved and built in 1989. Most of the lot is a manicured lawn. There is a small pond with an even smaller island on the northeast side of the property near the River. There are existing Aspen ALICE DAVIS AICP f GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970!925-6587 • FAX: 970/925-5180 adavis@rof.net ghorn@rof.net ,~- :, trees, Colorado Blue Spruce, Mugo Pine and native scrubs. Please refer to the letter from Gary Beech in Attachment 4 for a discussion of the vegetation near the River. Beach states that there are no wetlands or any significant riparian areas on the property. The slope analysis in Attachment 3 shows the tota142,265 square foot subject property contains 4,170 square feet of the land with slopes greater than 30% and 2,135 square feet of land with slopes between 20% and 30%. The site is generally flat with the steeper areas on the peripheries of the property such as the bank dropping to the River and the man-made areas created when the existing driveway was built. Approximately 4,300 square feet of area is located under water. After reducing the lot size for slopes and for land under water, the net lot size for calculating floor area is 32,727 square feet. The sliding scale floor area ratio in the applicable R-30 zone district therefore allows approximately 5,564 square feet of floor area. PROPOSED DEVELOPMENT The applicant proposes to build an addition to the existing single family residence which will not impact the River or stream margins. Please refer to the architectural drawings in Attachment 3 which include a proposed Grading and Landscape Plan, Existing and Proposed Floor Plans and Elevations of the home with and without the proposed addition. Site sections for determining top of slope have been calculated by the architect and by the surveyor. Both are shown included in Attachment 3. The proposed addition includes improvements to three portions of the house; anew one car garage with a master bedroom and bath above on the east side of the existing house, the enclosing of a wood deck on the northwest River side of the property to create an office and a small expansion for a nook on the front, southwest side of the existing house where the existing master bedroom is located. Proposed modifications to the existing interior space will enhance utility, facilitate the additions and will enhance the exterior design. Minor modifications to the driveway will allow for the development of the proposed addition. BACKGROUND The Gaylord Subdivision was approved and recorded in 1976. The Subdivision covenants have private setbacks which were recorded and reflected on the Subdivision's recorded Plat. The recorded Plat is found in Attachment 5. The existing home was built in 1989. A proposed addition to the existing home was studied, evaluated and approved for a Stream Margin Review from 1999 to 2001. The First Amendment to the Gaylord Subdivision Plat in Attachment 6 and the 1999 recorded survey of the subject property in Attachment 7 were both created for the Stream Margin Review for this proposed addition. The Stream Margin Review approval was granted through Resolution No. 47 of 2001 found in Attachment 8. The addition was never built. This approval established the more accurate top of slope, 100 year flood plain and rear setback designation. -2- ~, 4 / The First Amendment to the Gaylord Subdivision Plat states: "This Amended Plat is for the sole purpose of amending the rear setback line on Lot 5. In all other respects, the original plat recorded in Book 5, Page 20 remains in full force and effect." This proposed amendment moved the private covenant's rear yard setback line for Lot 5, the subject lot, from the City's imprecise flood plain designation (labeled the "Upper Limit Standard Project Flood" on the Plat) to the more precise 100 year flood plain established through a site specific review using the FEMA flood plain maps. This moved the setback further north toward the adjacent Roaring Fork River and was approved to allow the construction of the existing home in 1989. The building department used this Amended Plat as part of the building plan review process; it has a building plan approval stamp on it. There does not appear to be a recorded copy of this First Amended Gaylord Subdivision Plat, but it was an approved City document used by the building department and required to be located on site during construction of the house in 1989. Since the rear setback had to be amended for the existing location of the home to be approved and built, and since the Amended Plat was never recorded, the applicant is now requesting this First Amendment to the Gaylord Subdivision Plat be recorded in order to clear up any ambiguity regarding the rear setback requirement for this lot. A proper plat with the necessary signature blocks will be submitted for recordation. A recorded survey of the subject property dated June, 1999 found in Attachment 7 shows the High Water Line (100 year flood plain) and omits the rear setback set by the private covenants that goes through the middle of the existing house built 10 years earlier. This recorded survey further supports the approval of the relocation of the rear setback and the need to approve and record the First Amendment to the Gaylord Subdivision Plat in Attachment 6. The rear setback in the covenants is essentially the same as the "Upper Limit Standard Project Flood" on the First Amendment to the Gaylord Subdivision. It is also the location of the imprecise top of slope designation for the subject property based upon the adopted, but not site specific, City top of slopes maps. The old Upper Limit of the Standard Project Flood designation, the rear setback from the covenants and the imprecise top of slope designations were all used prior to the site specific studies completed for the 2001 Stream Margin approval. The site specific analysis established the more appropriate designations shown on the recorded 1999 survey, the First Amended Gaylord Subdivision Plat and the current survey of the subject property in Attachment 3. The current project surveyor and architect have both re-certified the formerly approved, site specific top of slope designation and 100 year floodplain for the subject property. They are shown on the surveyor's and architect's drawings in Attachment 3. -3- f.. '"` ~ ,.r The Community Development Department has asked the applicant to appeal the top of slope designation since the City's Stream Margin/Top of Slopes Maps were not officially adopted during the previous 2001 Stream Margin Review. We are therefore appealing the City's adopted map top of slope designation for the subject property and are requesting approval for the top of slope designation approved in 2001 and now re-certified in 2007 as part of this application. The process for appealing the top of slope defined by the adopted Stream Margin Maps is pursuant to Section 26.435.040E of the City's Land Use Regulations. LAND USE REVIEWS Pursuant to the pre-application conference summary in Attachment 2, the following land use reviews are being requested. The applicable regulations are addressed below. Stream Margin Review Standards - Section 26.435.0400 Stream Margin Special Review to Appeal Top of Slope -Section 26.235.040E Calculations, Lot Area -Section 26.575.0200 Impact Fees -Section 26.600 Residential Design Review Variance -Section 26-410.020D Stream Margin Review This section of the application demonstrates compliance with the Stream Margin Review standards in Section 26.435.0400 of the Aspen Land Use Regulations. Each of the standards appear in bold followed by the applicant's responses. 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development. No proposed development will occur within the Special Flood Hazard Area, also referred to as the 100 Year Flood Plain. The Site Plan in Attachment 3 shows the 100 Year Flood Plain (Special Flood Hazard Area) and a footprint of the proposed home, indicating that the home does not fall within the Special Hazard Area. The Flood Hazard Area is based upon the Flood Insurance Rate maps (FIRM) covering the subject parcel. The lowest habitable floor elevation of the proposed structure is two feet or more higher than the Base Flood Elevation on the adjacent river. The project proposes appropriate setbacks associated with the river bank top of slope and will not alter the river channel or flood -4- ^. ~s plain in any way. The addition will be built in compliance with the drainage, disturbance and grading and landscaping provisions of the Stream Margin criteria, and the project will meet any applicable requirements of the criteria, the FEMA standards and the City of Aspen Code provisions. 2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plan and the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement"; The Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plans show the existing trail located across the Roaring Fork River from the subject as part of the Rio Grande trail system. Trails and public trail access are excellent on the nearby Cemetery Lane. This land use application is consistent with the recommendations of the Roaring Fork Greenway Plan and proposed landscaping will be consistent with the Plan recommendations. A Fisherman's Easement is already in place adjacent to the subject property and this is reflected on the Site Plan in Attachment 3. 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined envelope. A building envelope shall be designated by this review and said envelope shall be barricaded prior to the issuance of any demolition excavation or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy; As shown on the Site Plan in Attachment 3, all development, improvements and landscaping will comply with this standards. Please refer to the Grading and Planting Plan by Chance Anderson of Greg Mozian and Associates Architects in Attachment 3 for grading and landscaping details. The applicant will diligently protect the stream bank during construction. A barricade will be erected to meet this requirement and will be on the south side of the Building and Landscape envelopes as they are depicted in Attachment 3. The barricade protecting the stream bank will not be removed until a certificate of occupancy is issued for the project. No vegetation will be removed or damaged and no slope grade changes (cut or fill) will occur outside the Building and Primary Landscape Envelopes. No disturbance will occur in the Riparian Landscape Envelope unless it involves native riparian vegetation for riparian plant enhancement or bank stabilization. Please refer to Gary Beach's report in Attachment 4 stating the absence of riparian and wetland areas on the subject property. There are no wetlands or riparian areas on the property within the Building Envelope or the Primary Landscape Envelope. There is -5- ,, .~ r only minimal ripazian vegetation (75 square feet) in the Ripazian Landscape Envelope and it will not be disturbed unless it involved measures for the preservation or enhancement of the ripazian area within the Riparian Landscape Envelope. No grade disturbance or vegetation removal will occur outside the Building Envelope with the exception of landscape work permitted in the Primary Landscape Envelope and the Riparian Landscape Envelope. No disturbance will occur within the 15 foot top of slope setback and the top of slope, though this area is a manicured lawn azea with no ripazian or wetland vegetation. No disturbance of any kind will occur between the top of slope and the River unless it is appropriate riparian vegetation for riparian enhancement or bank stabilization. The Site Plan in Attachment 3 shows the existing and proposed trees on the site. 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and or/sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated envelope; The proposed development is set back from the river and will not pollute or interfere with the natural changes of the river including erosion or sedimentation during construction. The barricade on the north side of the Building and Landscape Envelopes will be utilized to protect the river bank and river during construction. Any increased on-site drainage will be accommodated onsite to prevent entry into the river or onto its banks. Any pools or hot tubs will not be drained outside of the designated envelopes. The project will incorporate temporary drainage, erosion and sediment control during construction as well as permanent drainage features that maintain historic runoff conditions on the property. 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency; There will not be any alteration of the water course. Therefore, the applicant has not notified the Colorado Water Conservation Boazd. 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; There is adequate room on the property to assure that the water course will not be altered or relocated by the applicant or heirs. All disturbance will be restricted to the designated -6- r. < r envelopes and a guarantee is not needed. 7. Copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain; No work or grading will be performed within the 100 year flood plain except possibly minor native ripazian plant restoration and enhancement. The applicant will obtain any federal or state permits if any are required and copies will be provided, though no required permits aze anticipated. 8. There is no development other than approved native vegetation planting taking place below the top of the slope or within fifteen (15) feet of the top of the slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. (See Figure "A" below for illustrative purposes.); No development other than native riparian plant restoration and enhancement will take place below the site specific top of slope designation. City regulations now include a Stream Margin Map which designates top of bank. This map is less site specific and precise than the site specific studies the applicant has completed. Any ripazian vegetation that may have existed on the property was removed or significantly disturbed long ago, prior to or during the creation of the manicured lawn and the development of the house in 1989. The applicant has completed further studies in addition to those completed in 2001 supporting the previously approved top of slope as appropriate. Gary Beach's letter in Attachment 4 verifies that there aze no wetlands and very minimal riparian vegetation on the lot. 9. All development outside the fifteen (15) foot setback from the top of the slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of the slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.104.100 and method of calculating height set forth at Section 26.575.020 Attachment 3 shows the required progressive height limit defined above and illustrates that the progressive height limit will be met. The existing home with the proposed addition, located outside the 15 foot top of slope setback, will not exceed the height delineated by the progressive height limit line. All new construction on the site will comply with this restriction. 10. A landscaping plan is submitted with all development applications. Such plan shall limit new plantings (including trees, shrubs, flowers and grasses) outside of the designated building envelope on the river side to native riparian vegetation; The Landscape and Grading Plan in Attachment 3 shows the proposed vegetation to be -7- ~++ r~. y, w planted as part of the landscape plan. Aspen trees, Colorado Blue Spruce and other native species will be used to enhance the existing landscape. Any new plantings outside of the designated building envelope on the river side will be limited to native riparian vegetation or will occur within the Riparian Landscape Envelope shown on the Site Plan.. 11. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150; Exterior lighting will comply with this land use requirement. A note to this effect is found on the Grading and Landscape Plan in Attachment 3. 12. Site sections drawn by a registered architect, landscape architect, or engineer are submitted showing all existing and proposed site elements, the top of the slope, and pertinent elevations above sea level; and Attachment 3 shows site sections prepared by Luis Menendez of Menendez Architects as well a site sections by the surveyor John Howorth. These architect's site sections show the existing and proposed site elements, pertinent elevations above sea level, the Special Flood Hazard Area (100 year food plain), the top of slope and the fifteen foot setback from the top of slope. 13. There has been accurate identification of wetlands and riparian zones. Attachment 4 is a report from Gary Beach of Beach Resources which provides an accurate identification of wetlands and riparian zones. There are no wetlands on the property and very minimal (75 square feet) riparian vegetation exists. This small riparian area is located outside the proposed Primary Building Envelope between the top of slope and the river and falls within the Riparian Landscape Envelope. Any new vegetation within the Riparian Landscape Envelope will enhance or restore riparian vegetation or will provide bank stabilization along the River. Beech observed no wetlands on the site. Variance to Residential Design Standards Section 26-410-020D The architect for the subject project, Luis Menendez, has designed the addition to comply with the Residential Design Standards (RDSs). Menedez met with Todd Grange, City of Aspen Zoning Official and Grange has expressed his agreement that all the RDSs have been met. You (Jessica Garrow) and Menendez have agreed that there is one RDS that conflicts with another RDS, so we are requesting a variance to ensure we are proceeding correctly before final plans are completed. Todd Grange has agreed with Menendez' interpretation of this item, but we would like the Community Development Department's agreement as well. Jessica agrees that requesting a variance is the best way to proceed to clear up any ambiguity. -8- ~-, ,J The Residential Design Standards fall into five categories, A) Site Design, B) Building Form, C) Parking, Garages and Carports, D) Building Elements, and E) Context. The standards where the applicant is seeking clarification involves item C (2)(c) under Parking, Garages and Carports, and item D (1)(a) under Building Elements. These are discussed below. C) Parking, Garages and Carports. 2c. On lots of at least 15,000 square feet in size, the garage or carport maybe forward of the front facade of the house only if the garage doors or carport entry are perpendicular to the street (side-loaded). As shown in the floor plan drawings in Attachment 3, the proposed gazage meets this standard. It is forward of the front facade and the garage doors are perpendicular to the street, side-loaded. Jessica Garrow and Todd Grange have both clarified that the living azea above this side-loaded garage is acceptable as well. Item launder Building Elements reads as follows: la. The entry door shall face the street and be no more than ten feet (10') back from the frontmost wall of the building entry door shall not be taller than eight feet. With a side loaded garage, as allowed in design standazd C (2)(c) above, this design standard cannot be met. The entry door faces the street, but is more than 10' back due to the width of the side loaded garage. Jessica Gazrow and Community Development Department know this conflict exists, and has asked us to request a variance from this standard due to the conflict. The language under the Building Elements section is also uncleaz as it now suggests that the standards in Dla through Dlc apply only to corner lots. This language can be easily cleaned up by adding a sepazate paragraph pertaining to corner lots. Calculations of Lot Area -Section 26.575.0200 Please refer to Attachment 9 which gives the calculation of floor area for the subject property and demonstrates that the current proposal will fall within the maximum allowed floor area. This information is also shown on the site slope analysis in Attachment 3 Impact Fees -Section 26.600 The applicant will fulfill all requirements for Impact Fees related to the proposed development. -9- ,,^ ,-` ~,,, ~..: SUMMARY This letter and the attachments demonstrate compliance with the Aspen Land Use Regulations for Stream Margin Review. The Residential Design Standards have been met though the applicant is requesting a minor variance from one design standard due to a conflict between two design standards. The following is a list of attachments included with this letter. Attachment 1: Vicinity Map (8.5" x ] I "); Attachment 2: Pre-application Conference Summary; Attachment 3: Drawings of Subject Property (11" x 17" and 24' x 36") 3a Site Plan; 3b Improvement Survey; 3c Larger Scale Portion of the Improvement Survey; 3d Slope analysis of Subject Property; 3e Site Sections by Surveyor; 3f Landscape & Grading Plan by Greg Mozian & Associates; 3g Elevations of the proposed home; 3h Floor Plans -Existing and Proposed; 3i Site Sections Showing Progressive Height Limit; Attachment 4: Gary Beach of Beach Resources - Report on the identification of the wetland and riparian areas on the subject property; Attachment 5: Gaylord Subdivision Plat from 1976; Attachment 6: First Amendment to the Gaylord Subdivision Plat from 1988 (unrecorded); Attachment 7: Survey of Subject Property recorded in 1999; Attachment 8: Resolution 47 of 2001 approving Stream Margin Review for the Subject; Attachment 9: Floor Area Calculations; Attachment 10: Title Commitment for the Subject Property Showing Proof of Ownership; Attachment 11: Signed Agreement for Payment of Land Use Application Fees; -10- ,~.. .. Attachmentl2: Letter from Property Owner authorizing Davis Horn Inc to submit this application of his behalf and to represent him in the land use process; and Attachment 13: Public Notice -List of property owners located within 300 feet of the subject property. Please contact Davis Horn Incorporated if you have any questions or concerns. Sincerely, DAMS HORN INCORPORATED I GL N HORN AICP -11- ~~~~~6$6~g~e ~~8~ ~r.IVr •r• •~yy ATTAr~-'MFNT~2 CITY OF~SPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 429-2780 DATE: 4.32007, Updated PROJECT: 1210 Red Butte 10.25.2007 REPRESENTATIVE: Alice Davis, Davis Hom Inc. Tel: 925.6587 DESCRIPTION: The Applicant is interested in constructing an addition to an existing residence at 1210 Red Butte. The property is within the Stream Margin Review area, and is subject to a Stream Margin Review. The property received administrative approvals in 2001 to construct an addition that would add approximately 11% to the Floor Area. That addition was never constructed. The addition currently proposed would add more than 10% to the Floor Area, making the project subject to Planning and Zoning Commission Review. The City's Top of Slope Map shows the slope going through the existing residence. The Applicant has a site specific slope map showing a different location for the slope. A Special Review with the Planning and Zoning Commission is required in order for the site specific map to be the accepted Top of Slope. The Applicant requested staff to determine if slope reduction applies to the lot due to the grade of the driveway. When the code does not specifically outline which grade is used to determine slope, the Community Development Department determines slope based on the existing condition on the lot. In this circumstance, the driveway cut creates a sloped condition and should be used in determining any slope reduction on the lot. The proposal will also require at least one (1) variance from the Residential Design Standards. While the Community Development Director can grant up to three (3) administratively, Staff recommends the variance be combined with the Stream Margin Review before the P&Z. Section 26.410.030.C2.c permits garages to be sideloaded on lots of at least 15,000 square feet. If the prospective Applicant does this, they will not meet standard 26.410.030.D.1.a, which requires that the entry door to the home be no more than ten (10) feet set back from the front most wall of the house. The prospective Applicant should also ensure section 26.410.030.C.2.a is met; which requires that the width of the living area on the first floor be at least five (5) feet wider than the width of the garage. Relevant Land Use Code Section(s): 26.410.030.D.1.a Residential Design Standard Variance 26.435.0400 Stream Margin Review Standards 26.435.040E Stream Margin, Special Review 26.575.0200 Calculations, Lot Area 26.600 Impact Fees http:llwww.aspen pitkin.com/deatsl381citvcode.cfm Review by: Minor Applications to the Planning and Zoning Commission require a deposit of $1,140 for 16 hours of staff time. Additional time is billed at a rate of $235 per hour. Minor Referrals to Engineering and Parks are also required; each is each billed at $204. Referral Agencies: Engineering, Parks. Planning Fees: $1,140. Referral Agency Fees: Engineering, $204; Parks, $204 Total Deposit: $1,548 To apply, submit the following information: r„ ''°~, 'ti.. ...~ ^ Proof of ownership with payment. ^ Signed fee agreement. ^ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ^ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ^ Total deposit for review of the application. ^ 14 Copies of the complete application packet and maps. HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 ^ An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. ^ Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) ^ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing ^ Copies of prior approvals. ^ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. ^ Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. 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I [ f~ m O k M J [ p nO Z O _~ o ZZ r G r ~ F wp ~ 1_ N _~ W ~ cc e g -~- s ~ M Q g ~; R ~'"' d ~; N ~ i C . . 1 i arvnaazem ~.~ _ _ _ T _ _ _~ _ _ _ I _ ~rvaavaa vrau y.n ri.v~.+s~~ Hera aoo+~3.ooi i } Z ~_ H U W N I e' I I 8 i i _ _ _ ~ - ~ _ _ ~ ~.nv mcv aov ca sm-e oez , i i ~ ~ i _-___~_ i - i Ig d i i i 0 m t ~ ~ 7 m W b'w ~I„ o Z 0 W ~ ~~' ~n~ ~., n;r w. ~Y a,f ~I-w ~~ Beach .-, ~; ~~ Environmental, LLC 0133 Prospector Road Suite 4210 Aspen. CO 81611 Tel (970) 925-3475 Fax 19701 925-4754 Alice Davis Davis Horn, Inc. 215 South Monazch Street Aspen, Colorado 81611 Dear Alice: ATTAC~IIV~~I~T y November 16, 2007 Re: Hazen Stream Mazgin Review for Wetlands and Ripazian Zone Determination At the request of Davis Horn, Inc., I have completed an evaluation of the Brian Hazen property at 1210 Red Butte Drive. The property lies along the left bank of the Roaring Fork River, in Aspen, Colorado in Section 1, Township 10 South, Range 85 West of the 6`~ PM. I have inspected the property and immediately adjacent properties to determine if the proposed improvements to the Hazen Property would negatively impact either wetland or riparian azeas. As the attached photographs evidence, I found no indication of any jurisdictional wetlands that extend beyond the Ordinary High Water Mazk of the Roaring Fork River (described as the Mean Apparent High Water Line on the attached Grading and Landscape Plan). There is a single small area (75 s.f.) of hydrophytic vegetation (sedge and rush) within the confines of the existing imgation ditch and pond, but this area does not contain the pazameters necessary to qualify as a jurisdictional wetland. Vegetation along the river includes phreatophytes such as thin-leaf alder and narrow- leafcottonwood, but most of the vegetation is clearly upland and includes Colorado Blue Spruce, twin-berry honeysuckle, dogwood (not on the property) and a few small willow. Vegetation on the property between the river's edge and the residence includes turf grass, Mugo pine, narrow-leaf cottonwood, quaking aspen, Englemann spruce, and Colorado Blue spruce. In the azea of the ditch and small irrigation pond the vegetation includes cotoneaster, honeysuckle, Blue spruce, water sedge, tall scouring rush, smooth brome, and Arizona fescue. No riparian corridor currently exists across the entire width of the Hazen property. This area has been landscaped between an existing riparian zone to the north and an anthropogenicallya1tered zone to the south. The vacant lot to the north and the residential lot to the south were visually inspected and there is minimal evidence of riparian values above the stream bank along the Hazen Property. A manicured lawn covers the entire area between the top of bank and the residence. In reviewing the proposed plans for improvements to the property, I notice that a stone ~~ [tE.4CH ENVIRONMENTAL, LLC November 16, 2007 .~. ...r Pagc 2 patio is planned to replace a portion of the existing lawn azea. Between this patio and the river is an area designated as undisturbed and is also labeled as a ripazian landscape envelope. From a review of the mapping provided, it appeazs that al] proposed development will lie within the building envelop and outside of the 100 yeaz flood plain. There is a thin strip of the riparian landscape envelope that appears to fall within the flood plain but not below the Ordinary High Water Mark. I do not believe that the existing conditions support a finding that a true riparian comdor currently exists between the Hazen Residence and the Roazing Fork River. My evaluation also indicates that no jurisdictional wetlands exist on the property, except for that azea below the Ordinary High Water Mazk of the Roaring Fork River. Should you have any question, please give me a call. Sincerely, ~"' ~ti~ 1.. By RWS ~~U'G7BP:1~i 0472 hazed stream margin review.wpd L~J November 16, 2007 Beach Environmental, LLC Hazen Property Stream Margin Review Photographic Exhibit View south of east side of Hazen residence View west of backyard at Hazen Property i November 16, 2007 Beach Enviroiullental, LLC Hazen Property Stream Margin Review Photographic Exhibit View east of Hazen residence backyard -river to left View south of backyard of Hazen Property -river bank in foreground November 16, 2007 Beach Environmental. LLC Hazen Property Stream Margin Review Photographic Exhibit View downstream of left bank at west end of Hazen Property View downstream of left river bank near center of Hazen Property z C~ ~,, 1.,. 0 r~ ®~ d ~~ ~~~~ x ~ ~ H ~K X ~d a ,~ ~ ~ g ~~so z n ~~~ ~°~ ~e~ A` ~~ ~ ~~ 0 ~ ~~ F~ ~ ~~~ ~~ ' My ~~ ~ ~~W ~~ ~ ~~ ~~~ ~ 4 -~ ~ ~~~ ~ ~~ ~~ ~~ ~Q~a ~~ ~~ ~ ~ ~ n 3 ~ W ~ P - ti' Q~ w ~ $ a ~, rga ~ i ,, . _~~ ,.,. ,~ 5 ~rc~e ~ ~a ~~~ ~ ~ ~. ~ ~~ ~~ ~ ~ ._. b g~ ~~ ~ ~~ ~ ~~ ~~ ~ g , ~ ~r~ ~ ~ 'A a \ ~\ ~ _ ~ C ~~PY ~~~~ ,, ~~ ~. ,~ ~~ ~ ~~, o ~ ~e .~ ~y ss;; ~ `9~e~ a ~~~ F ~~ akka '~ ~~ ; ; ~~ :Y i % ~d Y ~~ ~~~ ! ! ro~ ~~~~ ? w X u h c U W a ~~9 ~ ~~ ~8~ ~~~,p~g~~ ~ ~ eRiF ~~ ~~ ppPB ~vF~ ~~ ~~~- ~s ~ W s 3 t, kA t~ i ~ J'. ~~ a ~~ ~~ t~~~~ ~,~.,~~ ~~ g~~ ~5~~ ~2 4f ~~8 ~~~~ ~w ~q ~~:5 ~~ 8 ~a~ s _m g •e a~ §la@~ 02 ~~/~ 5 =~a~g ny~ 5 $~ e~ +,`. t°,, _~ ', ~ ~ ~;s ~~ ~~$ ~ ~~ ~ ~ x ~g ~~~~_~ ~~~ ~~ , P~ R~# 9 ~ ~~ ~~~ ~~~ C ~~R8 u ~ ~ ~ ~~~ ,, ~., ~ ~ $~ ~ ~~ ~ ~ ;~ ~ ~ } ` ~ ~ ~ kg b o a ~. a 0 0 a.:~ ~ ~"'~ ~a ~ ~ h' ~ ~ ~ j ~ ~ 'V! 4 ~ ~ F ~ 2~ h ~ ~ ©" z .S ~~ Z Ll i ~ z ~? ~ z ' i ~i ~ # F- w 3w 6mfi; T .:J. ~.~~. ~ ~~"::. . 1 I ,~~ o ~_ c ~ 13J_c a 6 ~ Y~ ~~ a io ~~ -`u ~ ~F :.. . f `x A, G? .. 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W ~ 3 Q.- ~ [ IR MO ~ Fr ~ h y/ ~ F ~ \9 i ~ ~~YB a ~ % ryry '~ z $ r ~~ 1 ~~ ij ~~ q%~d~ j ~ sue. a 8 \ ` ~~ \ ~ s s 4~ ~ ,'` ~L3i -~ . 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SERIES OF 2001 ~' A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A REQUEST FOR A STREAM MARGIN REVIEW FOR A PROPERTY LOCATED AT 1210 RED BUTTE DRIVE; LOT 5, GAYLORD SUBDIVISIOhI Parcel ID:2735-013-16005 WHEREAS, the Community Development Department received an application from the Applicant, Brian L. Hazen represented by Jack Palomino/Palomino Barth Architects, requesting a Stream Margin Revicw approval, for the residence located at 1210 Red Butte Dr. Aspen, CO; and WHEREAS pursuant to Section 26.212, the Planning and Zoning Commission may review and approve the Stream Mazgin Review Application; and, WHEREAS, upon review of the application and the applicable Land Use Code standazds, the Community Development Department recommends approval for the Stream Mazgin Review; and WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed ~+ public hearing on November 20, 2001; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission approved, by a vote of five To zero (5 - 0) the Stream Mazgin Review; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 20th DAY OF NOVEMBER 2001, THAT: Section 1 Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission approved the Stream Mazgin Review subject ` to the following conditions: IIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIII~IIIIIIIIIIIIIIIIIIIl.ee4610oe oe~e:aea .. „® w .+ ~`/ 1. No vegetation shall be removed or damaged or slope grade changes (cut or fill) ~~• made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricade shall remain in place until the issuance of Certificates of Occupancy; and 2. The proposed development shall not pollute or interfere with the natural changes of the river, stream or other tributary including erosion anrllor sedimentation during construction and a silt fence shall be placed along the riverside of the building envelope. A drainage plan shall be submitted to the Engineering Department for review prior to construction. 3. A written notice shall be given to the Colorado Water Conservation Boazd prior to any alteration or relocation of a watercourse, and a copy of said notice shall be submitted to the Federal Emergency Management Agency. 4. The landscape plan shall limit new plantings (including trees, shrubs, flowers, and grasses) outside of the designated building envelope on the riverside to native riparian vegetation. 5. All exterior lighting shall be low and downcast with no light(s) directed towazd the river or located down the slope and shall be in compliance with section 26.575.150. Alighting plan shall be submitted with the building permit application. 6. Prior to construction, the applicant shall obtain all necessary permits from the Building Department as required. 7. If the newly enclosed area plus the azea of the exiting structure exceeds 5,000 squaze feet, the newly enclosed azea may be required to be sprinkled. The plans will be reviewed with the Fire Mazshall at the time of application for a building permit. 8. The site plan submitted with the building permit application shall cleazly delineate the top of slope. Section 2 All material representations and cornmitments made by the applicant pnrcnant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3 If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for ~"'*~ any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. ~ Iliiil ~~I~~ ~~II~I IIII IIIII~I IIIII IIIII III IIIII IIII IIII 0 46 e6 0 00 e : aaa ,.. 1.., / v/ f ~": Approved by the Commission at its regular meeting on November 20, 2001. APPROVED AS TO FORM: .a 1 City~ttorney ATTEST: ckie I,othi ,Deputy City Clerk PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair I~IIIII~IIII~IIII~IIIIIII~I~~IIIIII~IIIIII~IIII~II~I IIII 46 e 6 03 ie:,aa - __ R 35.00 D 0.00 ~,, -°°~ATT,gCHMENT__~_ ... FLOOR AREA C~4LCUL-4TION5 1210 RED BUTTE DRIVE - HAZEN HOUSE ADDITION LOT AREA 42,265 54. FT. AREA OF SLOPES BETWEEN 20% AND 30% GRADES = 2,135 50. FT., AT 50% _ (1,068) 54. FT. AREA OF SLOPE5 IN EXCESS OF 30% GRADE (4,170) 54. FT. AREA BENEATH HIGH WATER LINE (4,300) 50. FT. NET LOT AREA FOR CALCULATING FLOOR AREA 32,727 SO. FT. MAXIMUM ALLOWABLE FLOOR AREA: FIRST 15,000 54. FT. OF NET LOT AREA 4,500 50. FT. BALANCE OF NET LOT AREA (17,727/100 = 177.27 x 6 = 1,064) 1,064 50. FT. MAXIMUM ALLOWABLE FLOOR AREA 5,564 50. FT. BASEMENT GR055 FLOOR AREA 2,793 50. FT. GARAGE EXEMPTION (375) 50. FT. BASEMENT NET FLOOR AREA 2,418 54. FT. BASEMENT TOTAL EXTERIOR WALL SURFACE AREA (see talcs. below) 2,840 50. FT. BASEMENT EXTERIOR WALL SURFACE AREA EXPOSED ABOVE GRADE 2,622 50. FT. BASEMENT PERCENTAGE OF EXP05ED WALL AREA (2,622/2,840) 92% BASEMENT COUNTABLE FLOOR AREA (2,418 x .92 = 2,225) 2,225 50. FT. FIRST FLOOR HOUSE AREA 3,280 50. FT. TOTAL BUILDING FLOOR AREA (2,225 + 3,280 = 5,505) 5.505 54. FT. DECKS: DECKS: (208 + 458 + 107 =773) 773 54. FT. GAZEBO 120 50. FT. TOTAL DECK + GAZEBO (773 + 120 = 893) 893 50. FT. DECK EXEMPTION (5,564 x 15% = 835) (835) 54. FT. TOTAL COUNTABLE DECK AREA 58 SO. FT. MAXIMUM ALLOWABLE FLOOR AREA 5,564 54. FT. TOTAL BUILDING FLOOR AREA (5,505) 50. FT. TOTAL COUNTABLE DECK AREA (58) 50. FT. REMAINING AVAILABLE FLOOR AREA 1 54. FT. Parcel Detail ATTAG~~~~~ In Page 1 of4 ~a..i w...J' Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search ~ Assessor Subset Ouery ~ Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics ~ Tax Information Parcel Detail ~ Value Detail ~ Sales Detail ~ Residential/Commercial Improvement Detail Land Detail ~ Photo rg aphs Tax Area Account Number Parcel Number Mill Levy 001 R008450 273501316005 32.99 Owner Name and Address HAZEN BRIAN L 720 E HYMAN AVE ASPEN, CO 81611 Legal Description SUB:GAYLORD LOTS BK:0680 PG:0339 BK:0540 PG:0771 BK:0450 PG:0503 Location Physical Address: 1210 RED BUTTE DR ASPEN Subdivision: GAYLORD Land Acres: 0 Land S Ft: 42,253 Property Tax Valuation Information Actual Value Assessed Value Land: 3,500,000 278,600 Im rovements: 1,707,300 135,900 Total: 5,207,300 414,500 http://www.pitkinassessor. org/assessor/Parcel.asp?AccountNumbei=R008450 10/24/2007 Y1AY. Itl. LU'di : is 1[HNI 6UNINIUIV! I Y UtV[LVrM[IV I ., ,J APPLICANT PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAXMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and roan. Q,Z.[,n (hereinafer APPLICANT) AGREE AS FOLLOV/S 1. APPLICANT has submitted to COUNTY an application for ~~l~ ~~ ((~ ~l(1QL(f (hereinafer, THE PROJECT). 2. APPLICANT understands and agrees that Pitlcin County Ordinance No. 011-2005 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable For COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings aze paid in full prior to decision. 6. Therefore, APPLICANT agrees that inconsideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of S 1546 which is based on I (ohours of sta&'time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PTTHIN COUNTY a Cindy Houbea Community De~rll .~'~ I, 5µg Director ~ I,l4u vtan~l 20 ~l a:'g' ~~'^9 ~G4 Par~(cs ~ 1,544 To'fAt_ Effective 5/25/OS G:cowrylWmio~formsugrcemens ro pay Print NU. IYIi Y. I ~TTACHNVIEIVT ~ ~ ~ 3, 2007 Mailing Address; l~lp 2Ad Rt t? [~luC A~~en , tf~. glut l ._, Brian Hazen 1210 Red Butte Drive Aspen, Colorado 81611 970 925-1400 November 23, 2007 Jessica Ganow Aspen Pitkin Community Development 130 South Galena Street Aspen, CO. 81611 RE: Authorization to Submit a Land Use Application Dear Jessica: -~\ `'~ ATTACHMENT I Z This letter authorizes Glenn Horn and Alice Davis of Davis Horn Incorporated to prepaze and submit a land use application on my behalf for my property at 1210 Red Butte Drive in the City of Aspen. Davis Horn Inc. is also authorized to represent me in the land use review process. Should you have any questions regazding the application, please call Davis Horn at (970) 925- 6587 or me at (970) 925-1400. Thank you. Sincerely, <_ ,~%%~ Brian Hazen ...... .................. ~,,,..o~ ~~ .o.r,,,...~ ~ paled R selpe; sauenbr .. ~ ~.! 1160 LLC 1220 RED BUTTE LLC 946 WILLOUGHBY LLC 1150 RIVER DR PO BOX 1045 7683 SE 27TH ST #224 ASPEN, CO 81611 ASPEN, CO 81612 MERCER ISLAND, WA 98040 AHUJA ARVIND ASPEN OPRT 50% BAKER GEORGE W CHARLES TIMOTHY JOHN 6321 PARKVIEW RD 815-A BRAZOS ST CHARLES CAROLANNE CROTHERS GREENDALE, WI 53129 PMB 234 1195 BLACK BIRCH DR AUSTIN, TX 78701 ASPEN, CO 81611 CHASE AUBREY LLC ELKINS JOHN R GOLDSTEIN RICHARD CHARLES TRST 750 HEARTHSTONE DR 300 PUPPY SMITH ST 203 1145 BLACK BIRCH DR BASALT, CO 81621 PMB#302 ASPEN, CO 81611-1003 ASPEN, CO 81611 GRUENBERG WILLIAM A & JOYCE HACKETT BUDDY 40% HAZES BRIAN L 20% TRUSTS 800 WHITTIER DR PO BOX 704 720 E HYMAN AVE ASPEN, CO 81612-0704 BEVERLY HILLS, CA 90210 ASPEN, CO 81611 JOHNSON PETER C & SANDRA K KATCHER GERALD & JANE KITCHEN ELIZABETH F 51 OVERLOOK DR 1111 BRICKELL AVE 30TH FL 29 LATIMER RD ASPEN, CO 81611-1008 MIAMI, FL 33131 SANTA MONICA, CA 90402 LEHRMAN ROBERT PITKIN COUNTY RANSFORD SARA P 1027 33RD ST NW 530 E MAIN ST #302 1150 RIVER DR WASHINGTON, DC 20007 ASPEN, CO 81611 ASPEN, CO 81611 RED BUTTE 1235 LLC RED BUTTE LLC RIVER AMERICAN PROPERTIES LLC PO BOX 296 C!O WILLIAM BUDINGER 986 MOORE DR WOODY CREEK, CO 81656 1250 RED BUTTE DR ASPEN, CO 81611 ASPEN, CO 81611-1053 SAUSSUS GUY & MARTINE SCHULTZ ROBERT J SHOOK BARBARA INGALLS 3015 BRYAN ST #3A 1140 BLACK BIRCH DR 3874 LOCKERBIE DR DALLAS, TX 75204 ASPEN, CO 81611 BIRMINGHAM, AL 35223 a~rr~c~~n~tu~ ! 3 pvb l iL ~1~rt-ic~ p,~P~y oW~s ~~;n 3~0 -~. T ~am1eaj laad ~(se3 io; jade as T p09L5,~/~?J~b~ ~ ~ dP ii ~ Y7 ~ laay5 uol;~n~lsul aa5 ~ ~ ~ ~ , ®09L5 3PdldW31 plGany as0 slage~ laad 6se3 ~-, ,~, .~, . ~ THE CITY OF ASPEN Land Use Application Determination of Completeness Date: December 29, 2007 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0077.2007.ASLU. The planner assigned to this case is Ben Gagnon. ^ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. `~- .Your Land Use Application is complete: ~F If there aze not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessazy by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, I ~ ~~ t/~ Jennifer Phelan, Deputy Director City of Aspen, Community Development Department 4~G~5 t ~, c~~~~ i v~ ~'L~ar ~~= C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Completeness Letter Land Use.doc ~~ ~~ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aereement for Payment of(C~ity of Aspen Deve{lotpment Aomlica[iom Fees CITY OF ASPEN (hereinafter C[TY) and F.~ r~ An TIa~~ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Stl~am ,.y~ A,,.,,e~n Fes"'" _,(~ (hereinafter, THE PROJECT). 1, f ~ ! w y 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent [o a determination of application completeness. 3. APPLICANT and CITY agree that because of [he size, nature or scope of [he proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and [o thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees i[ will be benefited through [he greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees [hat in consideration of [he CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $~.,s~+g which is for ~n hours of CommuniTy Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director APPLICA~ z By: ('~rian u~2n Date: ~ ~-' ~ ~ / ~ / Billing Address and Tele hone Number: b r. iw3waol~r,,, >~Nnwwoo N3dSV 1i All7 c ~3~~~~3~ Elec 13 2007 1:24PM Menendez Rrehitects 970 544-1915 p.l Pnr~ccl: Applicant: Location, Zunc District: Lut Sizc: Lot Area: ~ ^~ 9 •M~ ~ ? AT7'AC~IMENT 1 DIMENSIONAL REQUIREMENTS FARM t+a tao purposes of cakulatinY Floor Acoa. Lot Arca rtwy be reduced for areas within the hial+ water mark, ca7cments, and steep slopes. Please refer to the definition of Lw Arca in the Municipal Code.) Conunercral net Leasable: Exr'rling: Proposed: Numberotresidentialunits: £airting:_~yPropo.rcd: Nttmbcr of bedrooms: £auring;_ d Proposea.: 4 l1~wt-+fe +ivrhazrwy t) Proposed %ofdemolition {Historic properties only):_ Y /4 _ DIMENewea: Flow Area; Principal bldg, heiQiu: Acceu. bldg. heiSltt: On•Site parkitta: Y. Site eovsn`e: Open Spaca: Front Setback: ~4+v-0.ti~ Rear Setback Combined F/R: Side Setback: Side Setback: Combined Sides: Distance 8terweea BuildinSs Ex[rting.•~Ilawable:, ~,~~Propaced.••„~2g ~ V Esistirsg:3~l=ro" dCfowabfe: 25r.•b`~Pro used: Ezirritrg.• uou6 AfJowoble: r ° priaposed; 15t 8stsring.•_,~„Rsrquired:_ tt Proposed:`~~STff•q-n_~ Eslrting.• - ult. Required: P-opwed.• sr.lw weT Eristir+£: ulw Requ(.,~,. utaul~ Propared• als Ezuring: ~'~ _~'tquirtd.• Loo' Proposed• l Ao"S Furring; t 4~r Rtqulnd•f5+ Propored:,y{~s £rlrrln '°OS' . ~~.,~tequirerl.• aarsA,n.o Proportd:_ uf~s , ENStlnR:?'!4" Rtqusred: _ _ tAr propored.• rSSr Lrrfaring:,~,.j~4Requirad: Lo _Propored: 2'br Esfrting.• -tl l-. Required: aasr'fO, ;~+ proposed; N p F.risrfng -- .~equlred:_,~,Froposed: L~~_fp Existing non•conformities or encroachments: L-gr6µT oP t rt + .,.y V.1fl atrtSnS ,~d't't~} _ _~ .1ee. ' ~'reMitta~t w•f~ ~~E~ 3 '1.~~7 Gl r .. ,- . -ASPEN ,~txi•3_ ,, ~~!_OPMENT r^a ri ~' ~.~ ~~ ATTACHMENT 2-LAND USE APPLICATION PItOJEC1': Name: ~ ~J'1J'~KQIYI Qf (/1 ~, JLI~~~ I.,ocation: (Z ~ [, R, AN D 5 U!J(~ . 5- Indicate street address lot & block number, le sl desert tion where a ro riate PurcellD# RE U1RL•D - / - _DOS APPLtCnN'f: Name: ~` ~ Q~ Address: (;Z((7 B Dr. /-b ran [(~ . P!L!I Phone #: ~Q ~"• t.} (70 KEPRESEN"fA'fIVE: Name: D vi o n [., l't'.~. Davis t!e•LCnn t~'1 Address: aZ(5 S. /Ylo~~ S>~ Ult~ ~ ~•s '[/l (~ 9(G/~ Phone #: 9 ~ qZS (~ S g~ TYPE OF APPLICATION: (please check all that apply): ^ GMQS Exemption ^ ^ GMQS Allotment / .~ ^ ® Special Review ~j~_ ~^ ESA - 8040 Greenline, Cep ^ Mlrgty Ilallam Lake Bluff, Mountain View Plane Conceptual PUD Final PUD (& PUD Amendment) Subdivision Subdivision Exemption (includes condominiumiration) ^ Temporary Use ^ TexUMap Amendment ^ Conceptual SPA ^ Fina) SPA (& SPA Amendment) ^ Commercial Design Review ^ Residential Design Variance ^ ^ Conditional Use Got Split Lot Line Adjustment ^ Small Lodge Conversion/ Expansion ^ other: Addi~ton -fo Paci~f-iR4 house have you attached the following? FEES DUE: S ® Pre-Application Conference Summary ® Attachment #1, Signed Fee Agreement I ~ ~ ~.~ ® Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ^ 3•D Model for large project All plans that are larger then 8.5^ X 1 I"must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must De submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you muse submit a 3-D model. d~ .~. ._ fle Ea fldm~d ANrgdp Fpm aewg rwmd: Nb tkq _. _.. .. _ ... 4. ii .3 J a ~ ~_l ~ L --._ _.. $. Mm Croon FfeR{ I&Mea IFeq IFw Gummy YeLeeai IPacep I9u62wndL IIaw~y tlNaY (_._. __... 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