HomeMy WebLinkAboutcoa.lu.sm.Anderson.16-80 MEMORANDUM
TO: Ron Stock, City Attorneyi
Dan McArthur, City Engineer •
FROM: Sunny Vann, Planning Office
RE: Anderson Stream Margin Review - Special Review Application
DATE: June 3, 1980
The attached is a request for Stream Margin Review submitted by Lightner
Properties for the Anderson parcel, located on the east side of the Roaring
Fork immediately south of the Cooper Street bridge. This item is scheduled
to come before the Aspen Planning and Zoning Commission on July 8, 1980;
therefore, may I please have your written comments regarding this application
no later than June 18, 1980? Thank you.
(Note: A fisherman's trail easement was dedicated at the time of subdivision
for this property.)
No. I V
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE SUBMITTED: 6/3/80 STAFF: Sunny Vann, Jolene Vrrhnta
2. APPLICANT: Lightner Properties
3. REPRESENTATIVE: Raul of Jack Miller & Assoc. 925 -6930
PO Box 4285
Aspen
4. PROJECT NAME: Anderson Stream Margin Review
5. LOCATION: East of Roaring Fork, South of Hwy 82 at bridge
6. TYPE OF APPLICATION:
Rezoning Subdivision Stream Margin
P.U.D. Exception 8040 Greenline
Special Review Exemption View Plane
Growth Management 70:30 _ Conditional Use
HPC Residential Bonus Other
Stream Margin Review
7. REFERRALS:
x Attorney Sanitation District _ School District
X Engineering Dept. Fire Marshal _ Rocky Mtn. Nat. Gas
_ Housing Parks State Highway Dept.
_ Water Holy Cross Electric Other
City Electric Mountain Bell
8. REVIEW REQUIREMENTS: /43/4,. ( p. S ectvt,t 02,4— 4 3
iod- �e-ot- 2 ' s /0 co di
•
9. DISPOSITION: /
P & Z Approved X Denied Date 7/i7 /,
A mup. 4 S - L) ,/, - D 5c,,%½ .5 il+ Eitiapa. ii
01 14-tf'6ztn 44 6 /7_S/t3n
ii . - ,L - --, ✓ . - ,
jl- 37`) -) / CetC )its (71c /iI rzi ,�/��.
Council Approved Denied Date
10. ROUTING:
Attorney )( Building n Engineering Other
A
I _
• MEMORANDUM
TO: Sunny Vann, Planning Office
FROM: Jay Hammond, Engineering Office
DATE: June 25, 1980
RE: Stream Margin Review, Lot 1 Anderson Subdivision
Having reviewed the above application for Stream Margin Review
and made a site inspection, the Engineering Department has the fol-
lowing comments:
1) It should be noted that the site plan submitted with the
application is not a true lot. It is, in fact, a portion of lot 1
of the Anderson Subdivision as designated in the subdivision plat
prepared by Alpine Surveys on September 28, 1979. I spoke with Jeff
Sachs, the owner's attorney, the day before yesterday and he informed
me that it is not their intention to create a new lot at this time,
an action that would require growth management review. The appli-
cation intends to create a duplex structure on the full lot 1 as
designated in the subdivision referenced above.
2) Under the Anderson Subdivision agreement, dated November
30, 1979 (a copy of which is attached), replacement of the single
family structure currently on lot 1 will require removal or demo-
lition of said structure sixty days after issuance of a certificate
of occupancy on the new dwelling.
3) Also under the subdivision agreement, creation of a duplex
on lot 1 will require payment of a park dedication fee charged as
to the difference between the total bedrooms now contained in the
existing residence.
The flood plain on the site creates a significant problem for
development since it restricts the useable area of lot 1 signifi-
cantly. The proposed development plan, however, does a good job
of accomodating the 100 year flood line by fitting the construction
outside the flood zone. Under the Stream Margin criteria the En-
gineering Department recommends approval subject to the following:
A) That existing contours within the flood zone be returned
to the existing condition following construction as shown on the plan.
B) The small second story cantilever shown on unit one is
acceptable provided no support extends into the flood plain.
C) No existing vegetation within the flood plain shall be
removed or disturbed in the course of construction.
D) Ground disturbed adjacent to the structure upon being re-
turned to the pre- existing contour shall be seeded with a native
Page 2
Re'. Stream Margin Revsew, Lot 1 Anderson Subdivs on
mixture as recommended in the Roaring Fork Greenway Plan.
E) Under no circumstances shall ground disturbance extend
into the main streambed of the Roaring Fork, nor shall construction
techniques be utilized which could contribute sediment to the stream.
•
•
•
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Jolene Vrchota, Planning Office
RE: Anderson /Lightner Stream Margin Review
DATE: June 3, 1980
The applicant proposes to build an approximately 5,500, two story duplex
on a parcel of land located immediately adjacent to the eastern boundary
of the Roaring Fork River and south of Cooper Avenue - Colorado State
Highway 82 (Lot 1, Anderson Subdivision). The proposed structure is
within 100 feet of the Roaring Fork River, and is therefore subject to
stream margin review. While the foundation of the proposed structure lies
outside the floodplain boundary, the front wood decks and north dining room
cantilever over the boundary on the second floor from approximately 1 foot
to 8 feet maximum at the north deck. No portion of the structure below the
second floor projects into the floodplain.
The Engineering Department has reviewed the applicant's development plan
for compliance with Section 24 -6.3 of the Municipal Code and recommends
approval subject to the following:
1. That existing contours within the flood zone be returned to their
original condition following construction, as shown on the plan.
2. The small second story cantilever shown on Unit 1 is acceptable
provided no support extends into the floodplain.
3. No existing vegetation within the floodplain shall be removed
or disturbed during the course of construction.
4. Ground disturbed adjacent to the structure upon being returned to
the pre- existing contours shall be seeded with a native mixture
as recommended in the Roaring Fork Greenway Plan.
5. Under no circumstances shall ground disturbance extend into the
main stream bed of the Roaring Fork, nor shall construction tech-
niques be utilized which could contribute sediment to the stream.
The Roaring Fork Greenway Plan of 1973 suggests a trail corridor on the
Anderson property, running along the Roaring Fork River. During the
County's Trail Master Planning efforts in 1979, community input suggested
that this alignment is appropriate for fisherman's access, but not for a
higher - impact paved bicycle trail. Therefore, a fisherman's access trail
was dedicated as part of the recent Anderson Subdivision approval. There
is no need for further action in this stream margin review.
While the proposed building site falls within the Roaring Fork Greenway,
impact upon existing ecological systems is suspected to be mimi.ma1. The
Planning Office, therefore, recommends approval subject to the Engineering
Department's conditions outlined above.
•
JACK MILLER & ASSOCIATES, A.I.A.
4 \ �j - 0 ARCHITECTURE /PLANNING
7 P.O. BOX 4285
ASPE CO. 8 1611
�. 1 303-925 -6930
•
June 1, 1980
j
Planning Department
City of Aspen --
130 S. Galena ,
Aspen, CO 81611
•
Subject: Stream Margin Review
Duplex - Anderson Parcel
Dear Sirs: .
The proposed structure is a duplex of approximately 5500 square feet,
3000 being on the south and 2500 on the north with an attached garage
for each side. The building will be located as indicated on the site
plan with the foundation following outside of the flood plain line.
Due to the restrictive location of the flood plain, the front wood .
decks and north dining room will cantilever over the line on the
2nd floor from 1' to 8' maximum at the north deck. No portion of the
structure below the 2nd floor will project into the flood plain.
The stucture itself will be of exposed glu. lam beams with natural
exterior cedar siding and shake shingles. The maximum height will be
25' at mid gable and within the city height restrictions.
Sincerely,
Jack Miller
•
• . . • f
•
• .1` • • .: -I`.. A ' r , T -_ter 4
• k .
•
\F l
t .
wlr •, .: 11 is
%... • 1 '
1 .
' , .. . ..�- ` " � !RSA 1 \ 1111111111,1
)-- ...4)
' -._.::\\\ A ,.. \ .---
Y �I i; \� O \ \ ..� `��� \ \ t & N
/‘ 4 <' . "Or �,, o \ N.
J • : \\� . I , p '
‘ iii00, ..- \::\\•■•.\,..L....\::N% 4 7: 76 ,.• \\L\t • I ' -a4a..
O
''`...„„.. z j . : . ) N
--at- 0111 11100111"
0 X • X . WI z . 7 f \N z K , 1.,_,,,,....„..„--
,< y
c<,
I- z' 7 1 1 -S: \\ \iirC;>. 1.
w y 45.5 a - 9.911
0 77 \ ,,, c1/47,X IP .. \ • O
a
.1/4 c.g. , v- . 4 7 , , , ",.. . : ' n ) . S. 1 1. . _' --; 4 I lk_ . • . \ ,
k \ :(r> -7 >\-
\ .. - - te>40, \ ''._ • - • V 4
7:2AM.)\-1. \ ' 7.-2 ..... ..--
.) 1 . --. \.' : . • N.
---ztklex \ •01( P AP .11 ,
r x'''''''------H
13 --;- 0\ \_...--- ......--- D ..\....,,,_____ k
& ' Cam\ \ .
.:r‘ . I\
X v -Td
�� ; 7 [ /2 - /U-
SUBDIVISION AGREEMENT
ANDERSON SUBDIVISION
• This Agreement is made and entered into this _M
day of November, 1979, by and between the City of Aspen,
Colorado, a municipal corporation (the "City ") and Albert W.
Anderson, Trustee and Edwin Paul Anderson, Trustee (the
"Subdividers ").
• W X T N E S S E T H :
• WHEREAS, the Subdividers hold record title to a parcel
of land situated in the City of Aspen, County of Pitkin,
State of Colorado, as more particularly described in Exhibit A
attached hereto; and
•
WHEREAS, the Subdividers have submitted to the City for
approval, execution and recording a subdivision plat of the
above described property, such subdivision to be known and
designated as the "Anderson Subdivision "; and
' WHEREAS, the City has fully considered such subdivision
plat„and is willing to approve, execute and accept such plat
for recording upon agreement to . the matters hereinafter
described, which matters are deemed necessary to protect, •
promote and enhance the public welfare; and
WHEREAS, the Subdividers and the City wish to reduce
their agreement to writing.
NOW, THEREFORE, in consideration of the promises and
mutual covenants herein contained, and the approval, execution
and acceptance of said subdivision plat by the City for re-
cording, the parties hereto hereby agree as follows:
1. The City agrees to forever waive any and all park dedication
fees applicable to one single family residence to be constructed
on Lot 2 of the Anderson Subdivision.
2. If the owners of Lot 1 of the Anderson Subdivision
replace the existing single family residence located on said
lot, the City agrees to allow a period of sixty days following
the issuance of certificate of occupancy for the new structure
on said Lot 1 before requiring the removal or destruction of
the old structure located on said Lot 1.
•
3. If a duplex residence is constructed on Lot 1, .
Anderson Subdivision, to replace the existing single family
residence located thereon, a park dedication fee shall be
charged by the City only as to the difference between the
total number of bedrooms in said new duplex structure less
the number of bedrooms as now contained in the existing
single family residence.
4. The plat of the Anderson Subdivision dedicates an
unpaved fisherman's easement approximately twenty feet wide
along the easterly bank of the Roaring Fork River adjacent
to such subdivision. The City hereby agrees to maintain the
easement in an attractive and practical manner, and the City
further agrees to indemnify, save and hold harmless the
Subdividers as the owners of Lot'l and their successors and
assigns against any and all injuries which may occur to
persons or property as a result of the use of said fisherman's
easement, including any attorney's fees and disbursements
incurred in defense of any such claims; provided, however,
that the indemnitee shall promptly notify the City as to the •
assertion of any such claim and shall tender the legal
defense thereof to the City. This indemnity agreement by
• I
the City shall remain in full force and effect unless and
until the City shall abandon said easement or relinquish its
rights therein by written instrument recorded in the real
property records of Pitkin County, Colorado.
5. The covenants and agreements of the City and the
subdivider herein contained shall be deemed covenants that
run with the land, shall burden the land included within the
Anderson Subdivision, and shall'bind and be specifically
enforceable against all subsequent owners thereof, including
the Subdividers, their heirs, personal representatives,
successors in interest and assigns.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the day and year first above written.
•
EQwii.1 Paul Anderson, Trustee
Albert W. Anderson, Trustee
ATTEST: CITY OF ASPEN: .
By: By:
/ i / i C "� \
City Clerk ayor
•
• STATE OF COLORADO)
) ss.
'COUNTY OF PITKIN )
•
�" The forgoing instrument was acknowledged before me
this,xj" day of 7 nrt ti, , 1979, by EDWIN PAUL ANDERSON,
Trustee and ALBERT w. ANDERSON, Trustee.
WITNESS my hand and official seal.
My commission expires:
reommission Expires May 1q 1283 L / 4
No.ar /' `ubl c ,
•
•
•
•
•
Le
•
EX11I11IT A •
•
1
•
•
A tract of land situated in Northwest quarter, No:thca:a quarter of Section 18,
Township 10 South, Range 84 West ul 1hh Sixth PrinvipalMeridian and being parts
of Lots 1, 2, and 3 in Block 9 of Riverside Addrton:: of Riverside Placer MS 3905
AN and Tract B of East Aspen Additional Townsite a:; shown on "Survey Aspen Town -
site Addition" plat approved by the Bureau of Land Management May 21, 1957
described as follows:
Beginning at a point being South 00 °14' Wcst 83.58 feet on line 6 -7 Riverside
Placer HS 3905 AM from Corner 6 Riverside ('lacer, thence on a curve to the right
With a radius of 793.53 feet a distance of 82.00 feet to the Easterly Bank of the
Roaring Fork River (chord bears South 81 ° 24'20" Wcst 81.96 feet); thence North-
easterly along the Easterly edge of the Roaring Fork River 312 feet more or less
to line ,4 -5 Riverside Placer MS 1905 AM (chord bears North 17 ° 43' East 310.71
feet); thence North 45 ° 00' West 17.80 feet to Corner 4 Riverside Placer MS 3905 AM;
thence North 00 ° 14' East 53.14 feet along line 4 -3 Riverside Placer MS 3905 AM
to the Southerly right of way line of Colorado Highway No. 82, as described in
deed to Department of Highways recorded September 24, 1956 in Book 176 at Page 471;
thence South 75 ° 09' East 187.30 feet along the Southerly right of way line of
Colorado Highway No. 82; •
thence South 74 ° 53' East 14.22 feet alongthe Southerly right of way line of
Colorado Highway No. 82, to the Easterly lot line of tot 2 Riverside Addition;
thence South 14 ° 54' West 269.43 feet along the Easterly line Lot 2 6 3
Riverside Addition;
thence on a curve to the right with a radius of 793.51 feet a distance of 132.59
feet (chord bears South 73 ° 39'30" West 132.44 feet) to the po:nc of beginning.
•
•
•
•
•
•
•
•
•