HomeMy WebLinkAboutcoa.lu.sm.Hazen.09A-88 CASELOAD SUMMARY SHEET
City of Aspen
1 DATE RECEIVED:ifeatbmiffect PARCEL ID AND CASE NO.
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REPRESENTATIVE: % IV
Representative Ad•ress /Phone:
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V 1) TYPE OF APPLICATION:
1 STEP: 2 STEP:
2) IF 1, STEP APPLICATION GOES TO:
�/ P CC P HEARING DATE: 1 ^ '''� 3
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// 3) PUBLIC HEARING IS BEFORE:
( n \_ P &Z CC / N/A
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DATE REFERRED INITIAISVI(
REFERRALS:
V City Attorney Mtn. Bell School District
City Engineer Parks Dept. Rocky Mtn Nat Gas
State Hwy Dept(GW)
Housing Dir. Holy Cross
City Ell Fire Marshall
Fire Chief Bld shall State Hwy Dept(GJ)
C tyn Water Inspect
C g: Zon B
Envir. Hlth. Roaring Fork Roaring Fork
Transit Energy Center
S.D .
Aspen COnS0 Other
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FINAL ROUTING: / DATE ROUTED: IS INITIAL:Fir
City Atty ✓ City Engineer Bldg. Dept.
Other: ([
FILE STATUS AND LOCATION:, l"-
MEMORANDUM
TO: Hazen File /Project Summary for a Stream Margin Review
FROM: Cindy Houben, Planner
RE: Hazen Stream Margin Review
DATE: May 5, 1988
THe Hazen Stream Margin Review was approved by the Planning
Commission on May 3, 1988. It was approved with the conditions as
listed below with the exception that the house has been moved
further away from the Roaring Fork River by approximately 10
feet. This change was approved by the Planning Commission as
shown on Exhibit "A" attached. The following are the conditions
of approval. An additional note is that the Hazens must file a
PUD Amendment plat which shows the setback modification which was
approved by the Planning Director prior to the Stream Margin
Review. This approval is attached.
Conditions of Stream Margin Review Approval:
1) All representations of the applicants shall be considered
conditions of approval.
2) Prior to issuance of a building permit, the plat shall be
submitted to include and label the high waterline.
3) Prior to construction of the pond, the applicants shall
provide a permit, or written verification that a permit is
not required, from the Army Corp. of Engineers. This
verification or permit shall be submitted to the Planning
Office and Engineering Office.
$) The applicants shall agree to join an improvement district
if one is formed for their area.
ch.hsum
MEMORANDUM
TO: Alan Richman, Planning and Development Director
FROM: Cindy Houben, Planning Office
RE: Hazen PUD Minor Amendment Request
DATE: March 29, 1988
Attached is a copy of the application by Brian and Erin Hazen
for a minor amendment to the Gaylord PUD (Section 24 -8.26) with
regard to their building envelope. The building envelope also
serves as their setback line from the Roaring Fork River. In 1976
when the Gaylord Subdivision was created the developers were
basing the rear setback on the flood plain information available
at the time. Exhibit "C" of the application is an affidavit by
the developer of the Gaylord Subdivision. He notes that the
setback on Lot 5 was determined solely by the 100 year floodplain
line. The current floodplain information indicates that the
floodplain line is approximately between 35 and 55 feet back
from the determined line in 1976, when the lots were created.
The Hazens are requesting that the rear line of their building
envelope follow the new floodplain study.
This application qualifies for a minor PUD amendment pursuant to
Section 24 -8.26 of the Aspen Municipal Code with regard to the
Director's authority to make changes in the siting of buildings
due to engineering /surveying errors or other unforeseen
circumstances. I recommend approval with the condition that an
amended PUD plat be recorded in the Clerk and Recorder's Office
subject to Engineering Department approval.
Approval of a Minor PUD
Amendment to Lot 5 of
the Gaylord PUD
pursuant to Section 24-
8.26 of the Municipal
Code.
1 A an Richman, Director
MEMORANDUM
TO: City Attorney
City Engineer
FROM: Cindy Houben, Planning Office
RE: Hazen Stream Margin Review
DATE: March 21, 1988
Attached for your review and comments is an application submitted
by Brian and Erin Hazen requesting Stream Margin Review for
construction of a 3,200 sq. ft. single - family dwelling and a pond
on Lot 5, Gaylord Subdivision.
Please review this material and return your comments no later
than April 18, 1988 in order for this office to have adequate
time to prepare for its presentation before P &Z.
Thank you.
.rte
•
MEMORANDUM
TO: Aspen Planning Commission
FROM: Cindy Houben, Planning Office
RE: Hazen Stream Margin Review
DATE: May 3, 1988
SUMMARY: The Planning Office recommends approval of the Hazen
Stream Margin Review for a single family home and pond with the
conditions as listed in the recommendation.
APPLICANTS: Brian and Erin Hazen.
REQUEST: Approval of a Stream Margin Review.
LOCATION: Lot 5, Gaylord PUD, located off of Snowbunny Lane on
Red Butte Drive along the Roaring Fork River.
DESCRIPTION OF THE PROPOSAL: The applicants are requesting to
build a single family home on a .097 acre lot along the Roaring
Fork River. The proposed footprint of the house is outside of
the 100 year floodplain.
The following is a list of the criteria for Stream Margin Review
Section 24- 6.3(e), and indicates how the applicants have
addressed each criteria:
1. CRITERIA: No development shall occur within a special flood
hazard area unless it can be demonstrated that there will be
no increase in base flood elevation as a result of the
development, as shown by an elevation certificate prepared
by a professional engineer registered to practice in the
State of Colorado.
RESPONSE: No structural development is proposed within a
special flood hazard area. The pond requires moving material
within the floodway and a berm is requested long the river
side of the pond. The Engineering Department has noted that
the pond will require approval by the Any Corp. of
Engineers.
2. CRITERIA: In the event there is a trail designated by an
approved trail plan within the development site, such trail
shall be dedicated for public use.
RESPONSE: No trails are located on the property other than a
designated fishing easement which will not be effected by
the proposal in any way.
3. CRITERIA: All attempts should be made to implement the
recommendations of the Roaring Fork Greenway Plan prepared
by the Roaring Fork Greenway Committee.
RESPONSE: Roaring Fork Greenway Plan does not make any
specific recommendations regarding this site, however, the
proposal is in compliance with the general intent of the
plan which is to leave natural vegetation along the stream
banks.
4. CRITERIA: Vegetation shall not be removed nor any slope
grade changes made that may produce erosion of the stream
bank.
RESPONSE: No slope grade changes or removal of vegetation
which will cause erosive conditions are proposed in
association with this application.
5. CRITERIA: All efforts shall be made to reduce pollution and
interference with the natural changes of the river, stream
or other water course, and to enhance the value thereof as
an important natural feature.
RESPONSE: No change to the river course or character of the
river will occur as a result of the proposed development.
6 &7. CRITERIA: Written notice shall be given to the Colorado
Water Conservation Board prior to any alteration or
relocation of the water course, and a copy of said notice
shall be submitted to the Federal Emergency Management
Agency.
CRITERIA: In the event a water course shall be altered or
relocated, the applicant and applicant's heirs, successors
and assigns shall provide maintenance to assure that the
flood carrying capacity is not diminished.
RESPONSE: No alteration of the river course is proposed.
8. CRITERIA: Copies shall be submitted of all necessary federal
and state permits relating to work within the one hundred
year floodplain.
RESPONSE: The applicants may be required to obtain a permit
from the Army Corp. of Engineers for the bermed area around
the pond.
2
In summary, the applicants have adequately addressed the criteria
in the Aspen Municipal Code regarding Stream Margin Review. The
one exception is that the applicants have not received a permit
for the pond from the Army Corp of Engineers.
REFERRAL COMMENTS:
1) Engineering Department: In a memorandum dated April 19,
1988, the Engineering Department notes that the plat which
was submitted must include the high waterline and that the
applicants must verify whether or not a permit is required
by the Army Corp. of Engineers for the pond.
RECOMMENDATION: The Planning Office recommends approval of the
Hazen Stream Margin Review with the following conditions:
1. All representations of the applicants shall be considered
conditions of approval.
2. Prior to issuance of a building permit, the plat shall be
submitted to include and label the High waterline.
3. Prior to construction of the pond, the applicants shall
provide a permit, or written verification that a permit is
not required, from the Army Corp. of Engineers. This
verification or permit shall be submitted to the Planning
Office and Engineering Office.
4. The applicants shall agree to join an improvement district
if one is formed for their area.
3
1..111 pl....ta Tao NOTES "
ERNST RAND WILMh MARTENS I. NO SIGNIFICANT DRAINAGE FEATURES EXIT.
DRAINAGE PO. BOX G12 ADDITIONAL DRAINAGE FSOLI7IE6 ARC F
ASPEN, CO 81411 IN A NORTHWESTERLY DIRECTION AWAY
•
2. EXCEPT FOR FOUNDATION OOVATIO -S / 44
NOT sET THERE 1S NO SIGNIFICANT GRADING FTC
3. ALL NEW OONSTRLCT10N WILL BE CONFII
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MEMORANDUM
DATE: March 23, 1988
TO: Cindy Houben, Planning Office
FROM: City Attorney
RE: Hazen Stream Margin Review
We have no comments at this time, except to point out that Ms.
Hazen works with our office. Should any difficulties arise
which may develop into a conflict in this regard please advise
immediately.
PJT /mc
MEMORANDUM
TO: Cindy Houben, Planning Office
FROM: Jim Gibbard, Engineering Department 90
DATE: April 19, 1988
RE: Hazen Stream Margin Review
Having reviewed the above application and made a site inspection,
the Engineering Department has the following comments:
1. The submitted plat needs to have the high water line drawn
and labeled.
2. The applicant has indicated she plans to obtain all necessary
Federal and State permits. The Army Corps of Engineers has
indicated that a 404 Permit will probably be required for the
berm on one side of the pond and for any material that is brought
in for the lining of that pond. Therefore, the applicant needs
to contact the Army Corps to determine whether of not that permit
will be required.
jg /hazen
cc: Jay Hammond
Chuck Roth
ERIN F. HAZEN, P.C.
ATTORNEY AT LAW
THE ASPEN PROFESSIONAL BUILDING MAR M�IR 7
1
600 E. HOPKINS SUITE 301 1
ASPEN, COLORADO 81611
(303) 925 -9577
March 15, 1988
Alan Richman
Planning Director
130 S. Galena Street
Aspen, Colorado 81611
RE: Minor Change - Building Area
P.U.D. Amendment
Dear Alan:
This is an application on behalf of Brian Hazen and myself, as
owners of Lot 5, Gaylord Subdivision, Aspen, Colorado (see
Exhibit A) for Planning Director approval of a minor amendment to
the P.U.D. Plat Map of Gaylord Subdivision (see Exhibit B).
Specifically, the building envelope for Lot 5 was based on
floodplain studies existing in 1976 which have significantly and
unforeseeably changed since that time. The rear setback of that
building area was based solely on the 100 -year floodplain line as
evidenced by affidavit of the developer, Charles Gaylord (see
Exhibit C). The Clerk's file seems to verify this, but of course
is very scanty. In 1984, Alpine Surveys documented the flood -
plain line on Lot 5 as shown on Exhibit B. We simply request
that the Plat Map be amended to adjust the building envelope to
reflect this engineering change in the floodplain conditions.
This amendment will enable us to preserve more aspen trees, and
is supported by the Architectural Control Committee as shown on
the enclosed affidavit (Exhibit C).
Pursuant to City of Aspen Code Section 24 -8.26, the Planning
Director may authorize "minor changes in the location...and
siting of buildings" due to engineering or other circumstances
not foreseen at the time the final plan was approved.
I want to confirm that we have simultaneously applied for Stream
Margin Review pending your determination of the minor adjustment
of the building site to the 100 -year floodplain line.
Thank you for your attention to this application. Please let me
know if I can answer any questions.
,^ ,-•
Letter to Alan Richman, Planning Director
RE: Minor Change - Building Area, P.U.D. Amendment
March 15, 1988
PAGE 2
Very truly yours,
7D 1 9
Erin F. Haze i Esq.
EFH:cd
cc: Cindy Houben, Planner
EFH:PUD.001
EX[IIBIT C
AFFIDAVIT
I, Charles Gaylord, under oath state as follows:
1. I am the owner of Lot 1, Gaylord Subdivision,
Aspen, Colorado, and the Chairman of the Architectural Control
Committee of the Gaylord Subdivision.
2. In 1976, I applied for approval of the Planned Unit
Development now referred to as the Gaylord Subdivision.
3. The rear setback of the building area on Lot 5,
Gaylord Subdivision was determined solely by the 100 -year
floodplain line as reflected on the recorded Plat Map.
4. I support Erin and Brian Hazen's request for
Amendment to the P.U.D. Plat Map to correspond the rear setback
to the 100 -year floodplain line as it presently exists.
Affiant further sayeth not.
Charles Gaylord, M.D.
STATE OF COLORADO
n J ) ss.
COUNTY OF (JCf w. c t/ )
Subscribed and sworn to before me this /7 day of
March, 1988, by Charles Gaylord.
Witness my hand and official seal.
Notary Public
c)ov 6 J20)06
Address
My commission expires: 704 -f
•
ERIN F. HAZEN, P.C.
ATTORNEY AT LAW
THE ASPEN PROFESSIONAL BUILDING
600 E. HOPKINS SUITE 301 MAR ASPEN, COLORADO 81611 MAR
(303) 925 -9577
March 14, 1988
Ms. Cindy Houben
City of Aspen
130 S. Galena
Aspen, CO 81611
Re: Hazen /Stream Margin Review
Dear Cindy:
The purpose of this application is to apply on behalf of
Brian Hazen and myself, for Stream Margin Review to build a
single- family dwelling on Lot 5, Gaylord Subdivision, Aspen,
Colorado. Under separate cover I have asked the Planning
Director for approval of a minor change to the P.U.D. plat map of
the Gaylord Subdivision regarding the building envelope.
Brian and I, as owners of Lot 5 (See Deed), wish to
construct a single - family dwelling of approximately 3,200 square
feet entirely outside the flood plain with the exception of a
pond which will be entirely within the flood plain. The lot
lies between Lot 4 and an existing, substantial house built
directly adjacent to the river.
The following items are submitted:
(1) A copy of the recorded Gaylord Subdivision Plat
Map (Exhibit "A ");
(2) Engineer certified plat map reflecting the current
100 -year flood plain boundary (Exhibit "B ");
(3) Site plan prepared by Stan Mathis (Exhibit "C ");
and
(4) Letter from Water Engineer, Ron Thompson (Exhibit
"D ").
For your review, the following development plan is submitted
with the following information addressed therein as required by
24- 6.3(d):
Ms. Cindy Houben
March 14, 1988
Page Two
1. The boundary of the property for which development is
requested is shown on the plats;
2. Said plats show 2 -foot contours and 5 -foot intervals
for grades over 10 percent;
3. The plat map and site plan reflect the proposed
improvements; there are no existing improvements;
4. The construction procedure to be used is standard for a
single family dwelling and the procedure for the pond is
described in Ron Thompson's letter.
5. The existing trees and shrubs are shown on said plats
and surveys;
6. The 100 -year flood plain boundary is shown on the plats
and survey;
7. Structural development is not proposed in a special
flood hazard area and, therefore, the provisions of Section 24-
6.3(d)(7) are inapplicable.
As concerns the review criteria of Section 24- 6.3(e), please
note:
1. No structural development shall occur within a special
flood hazard area. The pond requires removing materials from the
flood plain, so it does not affect the flood plain anyway.
2. There are no trails designated by an approved trail
plan other than the fishing easement which is reflected on the
recorded plat map. Applicants will not interfere in any way with
this easement.
3. We are unaware of any recommendations of the Roaring
Fork Greenway Plan as prepared by the Roaring Fork Greenway
Committee. However, we will keep the stream site as natural as
possible.
4. Vegetation shall not be removed nor any slope grade
changes made that may produce erosion of the stream bank.
5. Section 24- 6.3(e)(5) seems to be inapplicable to this
application in that no interference with the natural changes of
the river is contemplated.
i J
Ms. Cindy Houben
March 14, 1988
Page Three
6. There will be no alteration or relocation of any water
course. Therefore, the criteria set forth in Section 24-
6.3(e)(6) and (7) are inapplicable.
7. Pursuant to Section 24- 6.3(e)(8), all necessary Federal
and State permits relating to the pond to be located within the
100 -year flood plain will be obtained upon the Planning and
Zoning Commission's approval.
If you should need more information, please do not hesitate
to call. Please let me know when we are scheduled to appear
before the Planning and Zoning Commission. Thank you.
Very truly yours,
ERIN F. HAZEN, P.C.
" r
Erin F. . 'en
EFH /slb
Enclosures
EFHS /62
c :A-u- A
o'clock N.,
Recorder.
•
WARRANTY DEED
I'I1IS DEED. Slade this day of
N07 h JOHN J. STANFORD and PATRICIA A.
STANFORD
i'ow< Box 3739, xZca+;atxx Honolulu - _ and Slate or
•
•
Hawaii
granhir. and
BRIAN L.' HAZEN and ERIN F. HAZEN,
as joint tenants
„ o.c4gal:etrc..i.. 720 E. Hyman Avenue, Aspen
•
•
oflhr County nl Pitkin
and Stale of Colorado. gra
. 1 \II Es51 f Th aithegrantorforandinconsid erationofthe Ten ( $10. 00) and 00I100ths
Dollars - and other good and valuable consideration
area
the i'.Jell.
r!cceipl and .ull icienry �d ebicb k herchy acknowledged. has gr:unnl, btu gained. sold and conveyed. and by these presents Jon grant, bargain. sell.
• a+mcs and canhoo. gma the groove. Iris heirs and assigns Iltmecr:ill the rad property iugetherwith impruecments, il'nnr. situare.lyine and being in Ihe
. ('aunty of Pitkin an State of Colorado
dnctiheJ as litlows:
Lot 5,
•
GAYLORD SUBDIVISION, according tothe Plat thereof recorded
. July 28, 1976 in Plat Book 5 at Page 20
COUNTY OF PITKIN, COLORADO
•
•
•
as know it M scan and number is:
TOG hall FR with all and singular the heredihmmnls and appurtenances Otercit belonging. .,r 111 anywise appertaining. and the recersian and
• recisions. r•Inaimler :utd remainders, rents. issues and profits thereof. and all the estate. tight, IOle. latched. claim and Jennu,J wh,neoeu'r of the
gravity. either iu ha nr equity. nl. in lud Iu the above hargaiucd prcutlses. ,cith the hcredit:unenh :u¢l :q
TO I [AVE AND 10 1101.1) the said premises above bargained and deserihed. with the appurtenances. unto the grandee, his heirs and assigns
Imc'cr. And thegrantor. Iinhimuell, hisheirs. and lxrsonul represcnlatives.doesm5 .. rg ;iin.andagree tn: wit1i thegrantee. Ili' heirsand
usiens, 11ta N Iho time of Ihe eusrding and delivery of these presents, he is well seired of the premises shove conveyed, has gaud. sure. perkcl. ahsohnc
and indr est:uc of in in Ias , in tic sin and has gout right. full pmweratnl law till autho logranl. bargain. sell a comes Ihe.unte
in manner and hunt as ali id. and that the Na are Gee and clear from all limner and other grants. harping. sales. liens. trues, assessments,
cncumbi.inces and restrictions of whatever kind or nature soecr .except th0 Se e xe e t)t ions and subject ions
as set forth on Exhibit "A" attached hereto.
.1 he grantor shall and 'sill WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the grantee,
• his heirs and assigns. against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural.
the phial the singular. and the use of any gender shall be applicable In all genders.
IN- \ \'1:.55 \\'III ltl'.( the grantor has exccll his deed on the dale set tuna iJ ovc.
/ OIN 7. AN 012 1 1ATRICIA A. STA�FOR�
t �� yy
STAni uF (. - _
('aunts of SMV >Lbt eta-- } ss.
The hiregoimg instrument was acknowledged hclbre etc this a In/ day of "� J987.
by
John J. Stanford and Patricia A. Stanford.
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r1-147 " " Z;yb GAYLORD SUBDIVISION 1
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o,� h bo P.O. Box 2155
.. SCNM UESER GO RDON MEYER INC. 111,
IT., mall ll Aspen, Colorado 81612
March 16, 1988 Mu psn (303) 925 -6727
ammtAimil ant 'I ri
S*s34) CONSULTING ENGINEERS It SURVEYORS/
Mr. Stan Mathis, AIA
P.O. Box 1984
Aspen, CO 81612
RE: Hazen Residence
Lot 5, GaylorhSubdivision
Dear Stan:
Per your request, we have investigated the pond location on the Hazen
property. The pond would be located within the 100 -year floodplain of
the Roaring Fork River. A small, unnamed drainage enters the Roaring
Fork River at this location. This drainage already has several ponds
on it at other homesites.
We would recommend a pond (located between two large cottonwoods and a
spruce tree) approximately 60 x 40 feet with a depth of five to six
feet. This would only require the removal of seven small alder bushes.
The water elevation of the pond would be approximately 84. The pond
would be excavated with a hoe. A two -foot berm on the river side of
the pond would be built to raise the water elevation to 84 so the pond
could be seen from the house. All excavation would be from within the
pond and excess material hauled off the pond site so as not to disturb
habitat and scar the site. The pond would be filled naturally by seep-
age from the river and flow from the unnamed drainage. An overflow
would be constructed in the berm to pass excess water and maintain
water elevation.
We did three ponds like this in the county last year, and coordinated
design with the Corps of Engineers who will probably consider this a
river improvement in that material is being removed from the floodway.
We also worked with the Department of Wildlife to gather input on wild-
life improvements a pond can provide. We would propose the same con-
tacts for this pond.
Once construction is complete, the site should be revegetated with
native grasses and sedges planted in the pond margin to give the pond a
natuarl look and improve wildlife use of the feature.
Please let me know if we can provide you with any additional informa-
tion regarding this project.
Sincerely,
SCHMUESER GORDON MEYER, INC.
I� �., 1 Vkrvv G.or-
Ron Thompson
Planning Engineer
RT:lc /8041
1512 Grand Avenue, Suite 212 • Glenwood Springs, Colorado 81601 • (303) 945 -1004
MEMORANDUM
TO: City Attorney
City Engineer
FROM: Cindy Houben, Planning Office
RE: Hazen Stream Margin Review
DATE: March 21, 1988
Attached for your review and comments is an application submitted
by Brian and Erin Hazen requesting Stream Margin Review for
construction of a 3,200 sq. ft. single - family dwelling and a pond
on Lot 5, Gaylord Subdivision.
Please review this material and return your comments no later
than April 18, 1988 in order for this office to have adequate
time to prepare for its presentation before P &Z.
Thank you.
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ASM.'N /PITKIN PLANNING OFFICE
130 S_ Galena Street
Aspen, CO 81611
303) 925
Li Date: 1 I `tr
RE: l'.nza.. Skt-aa,, viv.e. ai+z,,,a..,
Dear 20- ♦"
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have determined
that your application IS - NOT oomplete0,.,k
Additional items required include:
Disclosure of Ownership (one copy only needed)
. Adjacent Property Owners List /Envelopes /POstaae (one copy)
Additional copies of entire application
Authorization by owner for representative to submit applica
tion
Response to list of items (alla♦.),ed /below) demonstrating
compliance with the applicable policies and regulations of the
Code, or other specific materials
-
A check in the amount of $
A. Your application is complete and we have scheduled it for
review by the o x . We will
;; call you if we need any additional information prior to that
y
date. - Several days prior to your hearing, we will call and
t3 s' ' make available a wig of the memorandum.. Please note that it
IS NOT your responsibility to post your property with a
sign, which we can provide you for a $3.00 fee.
B. Your application is incomplete, we have not scheduled it
review at this time. When we receive the materials we have.
requested, we will place you on the next available agenda.
C. ) o ,
If you have any questions, please call
the planner assigned to your case.
iiik Sincerely,
• ASPEN /PITKIN PLANNING OFFICE
,\ A&Keffeatrii9
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