HomeMy WebLinkAboutcoa.lu.sm.Butera.1415 Centennial Cir.82A-89 CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 8/24/89 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737- 181- 32- 01,82A -89
STAFF MEMBER:
PROJECT NAME: Butera Stream Margin Review
Project Address: 1415 Centennial Circle
Legal Address: Lot 14W. Callahan Subdivision
APPLICANT: T. Richard Butera
Applicant Address:
REPRESENTATIVE: Michael Gassman
Representative Address /Phone: P. O. Box 740
Aspen. CO 81612 5 -2695
PAID: YES NO AMOUNT: $780.00 NO. OF COPIES RECEIVED: 6
TYPE OF APPLICATION: - 1 STEP: / 2 STEP:
P &Z Meeting Date /O //7 /Ft PUBLIC HEARING: YES NO/
VESTED RIGHTS: YES ; N)
CC Meeting Date PUBLIC HEARING: YES (N0/
VESTED RIGHTS: YES Ot1 )
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney Mtn. Bell School District
J City Engineer Parks Dept. Rocky Mtn Nat Gas
Housing Dir. Holy Cross State Hwy Dept(GW)
Aspen Water Fire Marshall State Hwy Dept(GJ)
City Electric Building Inspector
Envir. Hlth. Roaring Fork Other
Aspen Consol. Energy Center
S.D.
DATE REFERRED: 91/27 INITIALS:
FINAL ROUTING: DATE ROUTED:J /74 INITIAL:
City Atty Y City Encj Zoning _ Env. Health
Housing { other: � n 1 Q F. /� ,/
FILE STATUS AND LOCATION: /lit l i(0'"
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF THE BUTERA STREAM MARGIN REVIEW
FOR LOT 14W, CALLnHAN SUBDIVISION
Resolution No. 89 -fI1
WHEREAS, the Aspen Planning and Zoning Commission held a
public meeting on October 3, 1989; and
WHEREAS, Commission approved the consent agenda; and
WHEREAS, Planning staff recommended approval of the Stream
Margin Review with conditions on the consent agenda; and
NOW, THEREFORE BE IT RESOLVED by the Commission that it does
hereby grant approval of the Stream Margin Review for Lot 14W,
Callahan Subdivision with the following conditions:
1. The elevation certificate states that 7779' will be the
elevation of the lowest floor, staff believes this is a
typo and the certificate shall be verified and
corrected before issuance of a building permit. If
7779' is the correct number than the building shall be
moved up on the site to above the base flood elevation.
2. Construction and grading activities shall also be
conducted without disturbing the ditch. Before
issuance of an excavation permit a barrier shall be
erected to prevent debris from falling into the ditch
and the river and shall be approved by the Engineering
Department.
3. Prior to the issuance of a building permit, a
registered engineer shall inspect the excavation and a
C.O. shall not issued until the construction has been
completed to his satisfaction.
4. The 100 year floodplain boundary and the high water
line need to be drawn and labeled on the submitted
plan.
5. Before the issuance of an excavation permit, tree
removal permits are required from the Parks Department
before any trees may be removed. Every effort should
be made to relocate on site the trees that must be
disturbed.
•
6. A fisherman's easement shall be granted in the Roaring
Resolution No. 89 -_
Page 2
Fork River and a width of 5 feet along the north side
of the river.
APPROVED by the Commission at its regular meeting on October
3, 1989.
ASPEN PLANNING AND ZONING COMMISSION
By Gc
S l+ a C a .
JI\S N iY u tCL- . C4IN Pst�3n1
ATTEST:
Jan rney, eput Ci Clerk
ljl /resobuterasm
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planner aaP
RE: Butera Stream Margin Review - Consent Agenda
DATE: October 3, 1989
SUMMARY: The applicant proposes to construct a single family
home within 100 feet of the high water line of the Roaring Fork
River. Pursuant to Section 7 -504 Stream Margin Review is
required. The Planning Department recommends approval with
conditions.
APPLICANT: T. Richard Butera, represented by Michael Gassman
LOCATION: Lot 14W Callahan Subdivision, 1415 Centennial Circle,
Aspen
ZONING: R -15, PUD
APPLICANT'S REQUEST: Stream Margin Approval for the development
of a single family home within 100 feet of the high water line.
REFERRAL COMMENTS: Please see the attached referral comments
from the Engineering Department.
STAFF COMMENTS: Pursuant to Section 7 -504 C a development is
required to undergo Stream Margin Review if it is within 100 feet
from the high water line of the Roaring Fork River. The
applicable review standards are as follows:
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.
RESPONSE: According to the site plan, the top slab of the lower
floor is at elevation 7979'. The elevation certificate indicates
that the base flood elevation is 7974. However, the certificate
states that 7779' is the elevation, staff believes this is a typo
and should be verified and /or corrected before issuance of a
building permit.
2. Any trail on the parcel designated on the Aspen Area
Comprehensive Plan: Parks /Recreation /Open Space /Trails Plan map
is dedicated for public use.
RESPONSE: There are no trails proposed for this site. There is
a paved trail across the river that extends from Ute Avenue to
the Aspen Club.
3. The recommendations of the Roaring Fork Greenway Plan are
implemented in the proposed plan for development, to the greatest
extent practicable.
RESPONSE: The Roaring Fork Greenway Plan does not specifically
make a recommendation regarding this parcel. However the Plan
does recommend that the banks of the river be preserved as a
greenway. A fisherman's easement is recommended in the river and
along the banks of the river.
4. No vegetation is removed or slope grade changes made that
produce erosion and sedimentation of the stream bank.
RESPONSE: The application states that construction and grading
activities will be no closer to the river bank than 40 feet. The
riverside ditch does flow through the property and the footprint
of the proposed house is within close proximity to that ditch.
Construction and grading activities should also be conducted
without disturbing the ditch. It is recommended that a barrier
be erected to prevent debris from falling into the ditch and the
river.
There are some trees on site that the caliper is 6 "and over.
Tree removal permits are required from the Parks Department
before any trees may be removed. Every effort should be made to
relocate on site the trees that must be disturbed.
5. To the greatest extent practicable, the proposed development
reduces pollution and interference with the natural changes of
the river, stream or other tributary.
RESPONSE: The application states that the "development will have
no effect on pollution of the river or natural changes of the
river course." Again to best protect the riverside ditch and the
river a barrier should be set up to prevent debris and
construction materials from falling in to the ditch and river.
6. 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.
RESPONSE: The development does not require the alteration of the
river or relocation of the watercourse.
2
7. 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.
RESPONSE: Not applicable.
8. Copies are provided of all necessary federal and state
permits relating to work within the one hundred (100) year
floodplain.
RESPONSE: There are no State or Federal permits required for
this project.
RECOMMENDATION: Staff recommends that the Planning and Zoning
Commission approve the Stream Margin Review subject to the
following conditions:
1. The elevation certificate states that 7779' will be the
elevation of the lowest floor, staff believes this is a typo and
the certificate shall be verified and corrected before issuance
of a building permit. If 7779' is the correct number than the
building shall be moved up on the site to above the base flood
elevation.
2. Construction and grading activities shall also be conducted
without disturbing the ditch. Before issuance of an excavation
permit a barrier shall be erected to prevent debris from falling
into the ditch and the river and shall be approved by the
Engineering Department.
3. Prior to the issuance of a building permit, a registered
engineer shall inspect the excavation and a C.O. shall not issued
until the construction has been completed to his satisfaction.
4. The 100 year floodplain boundary and the high water line need
to be drawn and labeled on the submitted plan.
5. Before the issuance of an excavation permit, tree removal
permits are required from the Parks Department before any trees
may be removed. Every effort should be made to relocate on site
the trees that must be disturbed.
6. A fisherman's easement shall be granted in the Roaring Fork
River and a width of 5 feet along the north side of the river.
The applicant has consented to all these conditions.
11 /buterasm
3
MEMORANDUM
TO: Leslie Lamont, Planning Office
FROM: Jim Gibbard, Engineering Department
DATE: September 29, 1989
RE: Butera Stream Margin Review
Having reviewed the above application and made a site visit, the
Engineering Department has the following comments:
1. The elevation certificate indicates that the lowest floor of
this proposed structure is 200 feet below the base flood
elevation. This needs to be corrected on the certificate.
2. We are concerned that the extent of the excavation for this
development may impact the irrigation ditch which runs along that
stream bank. We recommend that a registered engineer inspect
this excavation and that a C.O. not be issued until the
construction has been completed to his satisfaction.
3. The 100 year floodplain boundary and the high water line need
to be drawn and labeled on the submitted plan.
4. The plan needs to have a surveyor's signature and stamp.
5. We recommend that any trees larger than 6 inches in diameter
removed by this development should be relocated in that area and
that revegetation should take place in the excavated areas.
6. We recommend that the applicant grant a fisherman's easement
in the Roaring Fork River and a width of 5 feet along the north
side of the river.
jg /buteral
cc: Chuck Roth
Bob Gish
ASPEN /PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -5090
September 6, 1989
Michael Gassman
P. O. Box 740
Aspen, CO 81612
RE: Butera Stream Margin Review
Dear Michael,
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 complete.
We have scheduled your application for review by the Planning and
Zoning Commission on Tuesday, October 17, 1989 at a meeting to
begin at 4:30 pm. The Friday before the meeting date, we will
call to inform you that a copy of the memo pertaining to your
application is available at the Planning Office.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
MEMORANDUM
TO: City Engineer
FROM: Leslie Lamont, Planning Office
RE: Butera Stream Margin Review
DATE: September 6, 1989
Attached for your review and comments is an application from
Michael Gassman on behalf of Richard Butera requesting stream
margin review approval.
Please review this material and return your comments no later
than October 4th. Thank you.
u� T. RICHARD BUTERA
• Fss'!� /� 1450 CRYSTAL LANE ROAD
_/ 1 , _ i g ,, ASPEN, COLORADO 61611
'TM November 10, 1989
•'
14 Mr. James Sneider
President, Riverside Ditch
210 Midland Avenue
Aspen, CO 81611
Dear Mr. Sneider,
•
Thank you for attending the meeting on Lot 14E,
Callahan Subdivision. The understanding that we will
agree to, is line the entire ditch length, from the
edge of our property past the proposed home, with
butalyne. This butalyne will be done in a way that
the capacity of the ditch will not be diminished in
any way.
In addition, we will maintain the exact grade
that is in line now. If there are any changes or
future work that needs to be done on the ditch during
the construction of the home, we agree to have that `'w"'w
work done with your approval, and at our expense.
It is our understanding that you will agree to
shut down the flow in the ditch for approximately 10
working days, so Mr. Schlumberger can complete the
lining properly. During this period of time, we will
get the digging for the house done, and be able to
clean everything up before the butalyne is put into
place. At that time, we will deliver back to you a
ditch that is in perfect working order.
Thank you for your coo•eration, and we will keep
in touch with you as the pro:ec • oceeds.
40101 Y,
T. Richard Butera
•
Michael Gassman
Architect
Box 740
Aspen, Colorado 81612
303 925 2695
August 23, 1989
Application for
Stream Margin Review
Lot 14W, Callahan Subdivision
1415 Centennial Circle
Aspen, Colorado
Contents
1. Land Use Application Form
2. Letter of Authorization
3. Disclosure of Ownership
4. Vicinity Map
5. Response to Review Standards for Development in
Stream Margin
6. Elevation Certificate
7. Site Plan of the Proposed Development
ATTAC)MENr 1
IAND USE APPLICATION FOId4
1) project N ene Butera House
2) Project Location Lot 14W, Callahan Subdivision
(1415 Centennial Circle) City of Aspen
(indicate street address, lot & block number, legal description there
appropriate) 33,454
3) Present Toning R -15 4) lot size Square Feet
5) Applicant's Name, Address & Phone # T. Richard Butera
1450 Crystal Lake Road Aspen, Colorado 81611 303 - 920 -1000
6) Representative's Name, Address & Phone # Michael Gassman, Architect
Box 740 Aspen, Colorado 81612 303 - 925 -2695
7) Type of Application (please Bieck all that apply):
_ Conditional Use Conceptual SPA —. Conceptual
Historic Dev.
Final Historic Dev.
Final SPA
special Review —
_ 8040 Greenline — Conceptual PUD — Minor Historic Dev.
■
X Stream Margin Final PUD — Historic Demolition
_
Mountain i n View Plane Subdivision — Historic Designation
Condaminiumizatico Text/Map Amendment — GCS Allotment
Lot Split/Int Line — GMQS DO3Mptial
Adjustment
existing structures:
8) Description of Existing Uses (number and type of �� granted to the
approximate sq. ft.; number of bedrooms; any previous app
ProPertY) -
Lot 14W is vacant.
9) Description of Development Application
Construction of a new single family house.
10) Have you attached the following ? Minimm Submission Contents
to Attachment 2,
Response to Attachment 3, Specific S„ tmission Contents
Response to Attachment 4, Review Standards for Your Application
o - T \
� EIRUM IC
March 20, 1989
Michael Gassman Architects
414 N. Mill Street
Aspen, Colorado 81611
Dear Michael,
This letter is to inform you that you are authorized to
act as my agent in the stream review application. This
application is for lot %14 at the Callahan Subdivision, which I
own.
I am enclosing proof of ownership, which is apparently
required.
5• - 1
T. •ichard Butera
•
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C.)
Sanctity of Contract
STEWART TITLE
OF ASPEN, INC.
602 E. HYMAN • ASPEN, COLORADO 81611 • (303) 925 -3577
March 20, 1989
Pitkin County/ City of Aspen Planning and Zoning
Galena St.
Aspen, Co. 81611
Planning and Zoning:
This letter is to certify that T. Richard Butera and
Julie Anthony Butera are the owners in fee simple of the
following described property:
Lot 14, CALLAHAN SUBDIVISION, according to the
recorded Plat thereof.
County of Pitkin, State of Colorado
This statement is neither an abstract, opinion nor
guaranty of title and is intended specifically and exclusively
l for the use of Planning and Zoning. It is understood and agreed
that Stewart Title of Aspen, Inc. neither assumes nor will
be charged with any financial liability whatever on any
statement contained herein.
If I can answer any further questions, please give me
a call.
Sincerely,
/ a-&
Peter P. Delany
Assistant Vice President
Title Examiner
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L,OCATION-1 MAP
SCALE ; I "= 20001 (MPRox)
Michael Gassman
Architect
Box 740
Aspen, Colorado 81612
303 925 2695
August 23, 1989
Butera House
Lot 14W, Callahan Subdivision
Stream Margin Review
Response to Attachment 4 - Review Standards
Standard 1 - Base Flood Elevation
Response - The lowest floor of the proposed house
is 5 feet above and 24 feet inland from
the edge of the floodway as shown on
the FEMA maps of 1987.
Thus, construction of the proposed
house will have no effect on the base
flood elevation.
An elevation certificate is attached.
Standard 2 - Trail Designation
Response - There are no recommended trails on the
subject parcel. There is a constructed,
paved, public trail directly across
the river which is not shown in the
Aspen Area Comprehensive Plan and another
constructed, paved, public trail along
the easterly boundary of the parcel which
is also not shown in the Aspen Area
Comprehensive Plan. It would appear
that this parcel has met it's commitment
to public trails.
Standard 3 - Roaring Fork Greenway Plan
Response - The Roaring Fork Greenway Plan makes no
recommendations affecting this parcel.
The area between the proposed house and
the river will be preserved in it's
existing state as a green area.
The proposed house is 44 feet from
the river.
Page 2
Standard 4 - Vegetation and Slope Grading
Response - Construction activities and grading will
be no closer to the river bank than
40 feet. Contruction will have no
effect on erosion of the bank or
sedimentation of the stream bed.
Standard 5 - Interference with the River
Response - See Standard 4. The proposed development
will have no effect on pollution of the
river or natural changes of the river
course.
Standard 6 - Written Notice
Response - See Standard 4. The proposed development
does not require alteration or relocation
of a watercourse.
Standard 7 - Guarantee
Response - See Standard 7.
Standard 8 - 100 Year Floodplain
Response - All construction and construction activities
will be outside the 100 year floodplain.
rwy NaN OMB 3067 -0077
I 2 N° ^ ^`
� O j ; a FEDERAL EMER GENCY MANAGEMENT AGENCY Expires: June 1984
= ,Ill % NATIONAL. FLOOD INSURANCE PROGRAM
'`',, ELEVATION CERTIFICATE
This form is to be used tor: 1) New /Emergency Program construction in Special Flood Hazard Areas; 2) Pre -FIRM construction alter
September 30, 1982; '3) Post -FIRM construction; and, 4) Other buildings rated as Post -FIRM rules.
•
T. Richard.Butera 1450 Crystal.Lake Road Aspen,.COlorado 81611
BUILDING OWNER'S ADDRESS •
NAME _Lot 14L Callahan Subdivision,.
PROPERTY LOCATION (Lot and Block numbers and address it available) •
•
•
1415 Centennial Circle, Aspen, Colorado 81611
I certify that the information on this certificate represents my best efforts to interpret the data available. I understand that any false
statement may be punishable by fine or imprisonment under 18 U.S. code, Section 1001.
SECTION I ELIGIBILITY CERTIFICATION (Completed by Local Community Permit Official or a Registered Professional Engineer,
Architect, or Surveyor)
COMMUNITY NO PANEL NO. SUFFIX DALE OF FIRM FIRM ZONE DATE OF CONSTR. On S Zone. depth) BUILDING 15
(kNew /Emergency
080143 0204 C June 4, X New 7974' 0" ❑ Pre -FIRM Reg
El Post -FIRM Reg
1987
YES NO II is intended that the building described above will be constructed in compliance with the community's flood plain
IX ❑ ordinance The, certifier may rely on community records. The lowest floor (including basement) will be at an elevation
of7779 ' 0" fl, NGVD. Failure to construct the building at this elevation may place the building in violation of
the community's flood plain management ordinance.
•
YES NO The building described above has been constructed in compliance with the community's flood plain management
U ❑ ordinance based on elevation data and visual inspection or other reasonable means.
. If NO is checked, attach copy of variance issued by the community.
YES NO The mobile home located at the address described above has been tied down (anchored) in compliance with the
U ❑ community's flood plain management ordinance, or in compliance with the NFIP Specifications.
MOBILE HOME MAKE .,, .4 "EL YR. OF MANUFACTURE SERIAL NO. DIMENSIONS
^ OF CO( x
(Community Permit • Ictef Registered Pro .311' Engineer, Architect, or Surveyor)
NAME Mlchae- G• \ . ADDRESS Box 740
�1
earAan
TITLE Arch t •�, - ! 74TY - •en - STATE Colorado zIP 81612
J
SIGNATURE • .; - „_ fie / — DATF 8/24 PHONE 303 - 925 -2695
SECTION II ELE ATIO :I�IC1 '' J% ( \ . ified by a Local Community Permit Official or a Registered Professional Engineer,
. /- chitect, or Surveyor.)
FIRM ZONE A1-A30: I certify that the building at the properly location described above has the lowest floor (including basement)
at an elevation of feet, NGVD (mean sea level) and the average grade at the building site is at
an elevation of feet, NGVD.