HomeMy WebLinkAboutcoa.lu.sm.Dehring 1035 E Hopkins.35A-88 \r
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 7/0c2/ - - PARC ID ' D CASE NO.
- DATE COMPLETE: - - - - - Z a1- . - 4 -00 .35 ' - 88'
-- � J A MEMBER:
PROJECT NAME: 1.9t401 p ' , / /' 04({(/1 I
Project Address: U
APPLICANT: iA:. di-L i
Applicant Ad.r :-ss: 1 01,11 ��)IIr�l)��i if �lifilaW,
REPRESENTATIVE: lig 41.'I liki.. -„AI -4 — / !
Representative Address /Phone: - ¥li / 7 nIMIWv . / b ee
v Aldo
PAID: eag, NO AMOUNT: 47 00
1)' TYPE OF APPLIC
1 STEP: 2 STEP:
), IF 1 STEP APPLICATION GOES TO: /
3 P &Z CC P DATE: '(13 f'
..542 - f (
VESTED RIGHTS: YES NO ___LT
3 )/ PUBLIC HEARING IS BEFORE: _
P &Z CC N/A f
, 7 �/
DATE REFERRED: 7 INITIALS: (— (,
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
Staff Approval: Paid:
Consent Agenda: Date:
REFERpLS:
\/ City Attorney Mtn. Bell School District
L./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 Fire Chief Bldg:Zon /Inspect
Envir. Hlth. Roaring Fork Roaring Fork
Aspen Consol. Transit Energy Center
S.D. Other / /��
FINAL ROUTING: DATE ROUTED: i/� `l/ INITIAL`�l.ti=
City Atty City Engineer Bldg. Dept.
Other: 4 / 1
FILE STATUS AND LOCATION: fa/ '1l
Ar ACIJMEN2 1 '.
LAND USE APPLICATION FORM
1) Project Name 1035 East Hopkins
2) Project Incation 1035 East Hopkins, Lots 3 and 4, Block 5,
RIVERSIDE DRIVE ADDITION
(indicate street address, lot & block number, legal description when
appropriate)
3) Present Zoning RMF 4) Int Size 6,300 sq. ft.
5) Applicant's Name, Address & Phone # Roger Dehring
90 Clay Cliff Drive, Tonka Bay, MN 55331 (612) 897 -1991
6) Representative's Name, Address & Phone # Law Offices of Gideon I. Kaufman, P.C.
315 East Hyman, Suite 305, Aspen, CO 81611 925 - 8166
7) Type of Application (please Bieck all that apply):
Conditional Use _ Conceptual SPA Conceptual Historic Dev.
Special Review Final SPA _ Final. Historic Dev.
8040 C;rmenl.ine Conceptual PDD Minor Historic Dev.
X Stream Margin _ Final PUD Historic Demolition
Wyntain. View Plane _ Subdivision Historic Designation
Qnlcmi ni umi.zation _ Text/Map Amendment C1 Allotment
It7t Split/Lot Line _ GCS Ekemptinn
Adjustment
8) Description of Existing Uses (number and type of existing structures;
approximate sq. ft.; rn tber of bedrooms: any previous approvals granter to the
ProPert y) .
Existing single family dwelling
9) Description of Development Application
Single - family residence requiring Stream Margin Review approval
10) Have you attadied the following?
X Response to Attachment 2, Minimm Sul:m,ssion Contents
X Rise to Attadmient 3, SpecificSul:missionContents
X Response to Attachment 4, Review Standards for Your Application
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Cindy Houben, Planning Office
RE: Dehring Stream Margin Review
DATE: September 6, 1988
REQUEST: Approval of a Stream Margin Review in order to
construct a single family residence which will replace the
existing duplex currently located on the property.
APPLICANT: Roger Dehring
LOCATION: 1035 East Hopkins, Lots 3 and 4, Block 5 of the
Riverside Drive Addition.
REFERRAL COMMENTS: •
Engineering: In a memorandum dated August 25, 1988 Jim Gibbard
of the Engineering Department notes the following:
1. The Plat must show the High Water Line (drawn and
labeled).
2. The applicant must submit a description of the
construction procedures to be used to the Engineering
Department.
STAFF COMMENTS:
Section 7 -504 of the Land Use Code, "Criteria for Stream Margin
Review ", and the applicant's response are listed below:
1. CRITERIA: It can be demonstrated that the proposed
development will not increase the base flood elevation on the
parcel proposed for development. This shall be demonstrated by
an elevation certificate prepared by a professional engineer
registered to practice in the State of Colorado.
RESPONSE: The applicants have attached a letter from Mclaughlin
Engineers stating that the development will not increase the base
flood elevation.
2. CRITERIA: 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: No trails are proposed by the Parks /Recreation /Open
/
Space/Trails element of t
the Comprehensive Plan for the west side
of the river. A trail is proposed for the east side of the
river.
3. CRITERIA: The recommendations of the Roaring Fork Greenway
Plan are implemented in the proposed plan for development, to the
greatest extent practicable.
RESPONSE: The applicants are not proposing removal of any
vegetation, therefore the proposal is generally consistent with
the Roaring Fork Greenway Plan.
4.CRITERIA: No vegetation is removed or slope grade changes made
that produce erosion and sedimentation of the stream bank.
RESPONSE: No changes in slope and grade are proposed which will
create pollution or produce erosion in the river.
5. CRITERIA: 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 does not propose interference with the
natural changes of the river. The Engineering Department
recommends however that the applicant submit a construction plan
showing that the construction techniques for the development will
not affect the river with regard to pollution or erosion.
6. CRITERIA: 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.
7. CRITERIA: 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.
8. CRITERIA: Copies are provided of all necessary federal and
state permits relating to work within the one hundred (100) year
floodplain.
RESPONSE: No relocation of the water course is proposed, and no
work is proposed in the 100 year floodplain.
In summary, the application complies with the requirements of the
Stream Margin Review criteria.
In addition to the above criteria, Staff notes that the proposed
building envelope does not comply with the setback requirements
of the zone district. A 6,300 square foot lot in the RMF zone
2
■
district requires a total of 16.5 feet of total side yard setback
with a minimum setback of 5 feet. The plat that was submitted
indicates only 5 feet on both sides. This building envelope must
be modified to meet the setback requirements of the zone
district.
We also note that on August 30, City Council granted an exemption
from the administrative delay on demolition to the owners of the
existing duplex.
RECOMMENDATION:
The Planning Office recommends approval of the Dehring Stream
Margin Review with the following conditions:
1. The applicant shall resubmit a plat which includes the
following information and correction:
a. The Plat shall include and label the High Water
Line.
b. The proposed building envelope shall be redrawn to
indicate the appropriate setbacks in the RMF zone
district.
2. The applicant shall submit a description of the
construction procedures for the project in order for
the Engineering Department to determine if any
pollution or erosion will be caused which would affect
the Roaring Fork River.
ch.dehring
3
MEMORANDUM
TO: Cindy Houben, Planning Office
FROM: Jim Gibbard, Engineering Department 4/
Date: August 25, 1988
Re: Dehring Stream Margin Review
Having reviewed the above application and made a site visit, the
Engineering Department has the following comments:
1. The submitted plat needs to have the high water line drawn and
labeled.
2. The applicant needs to submit a description of the construc-
tion procedure to be used to the Engineering Department.
jg /dehring
cc: Jay Hammond
Chuck Roth
MEMORANDUM
TO: City Attorney
City Engineer
FROM: Cindy M. Houben, Planning Office
RE: Dehring Stream Margin Review
Parcel ID# 2737 - 181 -29 -001
DATE: August 1, 1988
Attached for your review and comments is an application
submitted by Gideon Kaufman, on behalf of his client, Roger
Dehring, requesting Stream Margin Review to a 6,300 sq. ft.
single - family residence on Lots 3 and 4, Block 5, 1035 Hopkins
Ave. The property is zoned RMF.
Please review this material and return your comments no later
than August 29, 1988 in order for this office to have adequate
time to prepare for its presentation before P &Z.
Thank you.
ASPEN /PITKIN, PLANNING OFFICE
130 S. Galena Street
(303) 925 -2020 PPp
Date: ' a E
1 rl i C
ccL �� ��c��T �.�_ ,
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Dear
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 PC— on
J. The Friday before the meeting date, we will call to
inf rm you that a copy of the memo pertaining to your application
is available at the Planning Office.
If your application requires public notice, you should have
already obtained a copy of the form entitled "Public Hearing
Notice Requirements." If you have not already done so, please
come to the Planning Office to pick up a copy. '1
If you have any other questions, please call
the planner assigned to your case.
Sincerely,
6PiQ Z - ; ) «
DEVELOPMENT APPLICATION FOR STREAM MARGIN REVIEW
FOR LOTS 3 AND 4, BLOCK 5, RIVERSIDE DRIVE ADDITION
(1035 EAST HOPKINS)
I. Submission Contents. ��
ju i
A. Letter of Consent from Applicant (Exhibit "A ");
B. Disclosure of Ownership off subject property (Exhibit
"Et");
C. Vicinity Map (Exhibit "C ");
D. Stream Margin Review Plat (Exhibit "D "), including
the following:
1. The boundary of the property for which
development is requested.
2. Existing and proposed improvements.
3. Significant natural features, including natural
hazards and trees.
4. The 100 -year floodplane and floodway lines.
5. Existing and proposed grades at 2 -foot contours,
with 5 -foot intervals for grades over 10 %.
II. Review Standards.
No development will occur within the 100 -year floodplain.
However, there is proposed development within 100 feet from the high
water line of the Roaring Fork River. The review standards for
stream margin development have been addressed as follows:
Review Criteria #1. The Stream Margin Review Plat (Exhibit
"D ") and letter from McLaughlin Engineers (Exhibit "E ") demonstrate
that the proposed development will not increase the base flood
elevation.
Review Criteria #2. There is no trail designated on the
Aspen Comprehensive Plan: Parks /Recreation /Open Space /Trails
Map within the parcel.
Review Criteria #3. The Roaring Fork Greenway Plan is being
complied with.
Review Criteria #4. No development approaches the stream bed
or floodplain, therefore, no vegetation will be removed or slope
grade changes made that will produce erosion of the stream bank.
Review Criteria #5. To the greatest extent practicable, the
proposed development reduces pollution and interference with the
natural changes of the river, stream or other tributary.
Review Criteria #6 and #7. There shall be no alteration or
relocation of a water course. (See letter from McLaughlin Engineers,
Exhibit "E ")
Review Criteria #8. There is no work necessary within the
100 -year floodplain which would require a state or federal permit.
- 1 -
• III. Existing Dwelling.
A single - family dwelling currently exists on the property (See
Exhibit "D "). The applicant requests approval to maintain the
existing dwelling unit for his residence until the proposed dwelling
is completed. Applicant agrees that the existing dwelling shall be
demolished prior to receipt of a Certificate of Occupancy for the
new dwelling.
Respectfully submitted,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.,
a Prof s 'o Corporation
By
Gi on Kaufman
GK /bw
Enclosures
- 2 -
JUL 21 '88 12:46 IJ, ,ER SQ. LAN (3'3 $25 -1090 P.2
EXHIBIT "
Roger Dehring
90 Clay Cliff Drive
Tonka Bay, Minnesota 55331
(612) 897 -1991
July 21, 1988
Aspen /Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Rs: Lots 3 and 4, Block 5, RIVERSIDE DRIVE ADDITION
a /k /a 1035 East Hopkins, Aspen, Colorado
Dear Planning Office:
This letter shall authorize the Law offices of Gideon I.
Kaufman, D.C., 318 East Hyman, Suite 305, Aspen, Colorado 81611
(925 -8166) to act on my behalf in the submission of a Stream
Margin Review Application for the above- described property. .
Ve - ruly yours,
-- , •ehr ng
_..-------)
a g t
COMBOff
EXHIBIT "B"
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1.-Effective data: 5/16/88 @ 8:00 A.M.
Case No. PCT -2137
2. Policy or policies to be issued:
(a)ALTA Owner's Policy -Form 8 -1970 Amount $ 356,000.00
(Rev. 10 -17 -70 & 10- 17 -84) Premium 8 905.00
PROPOSED INSURED: ROGER DEHRING
(b)ALTA Loan Policy, Amount $ TBD
(Rev. 10 -17 -70 & 10- 17 -84) Premium $ 50.00
PROPOSED INSURED:
TO BE DETERMINED
(c) Amount $
PROPOSED INSURED: Premium $
Tax Cert. $ 5.00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date' hereof vested
in:
LOIS A. BUTTERBAUGH AND DONALD P. ROGERS
a4
4. The land referred to in this Commitment is described as follows:
LOTS 3 AND 4, BLOCK 5, RIVERSIDE ADDITION TO THE CITY OF ASPEN.
COUNTY OF PITKIN, STATE OF COLORADO.
Countersigned at : PITKIN COUNTY TITLE, INC. Schedule A -Pg. 1
601 E. HOPKINS This Commitment is invalid
ASPEN, CO. 81611 unless the Insuring
303 - 925 -1766 Provisions and Schedules
A and B are attached.
Authorized officer of agent
...EL/Jo
[::: (?ii.
AsolootweerCanon
v
SCHEDULE B- SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of
the full consideration for the estate or interest to be insured.
ITME (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to -wit:
1. Deed from : Lois A. Butterbaugh and Donald P. Rogers
to : Roger Dehring
2. Release by the Public Trustee of the,
Deed of Trust from : Lois A. Butterbaugh and Donald P. Rogers
to the Public Trustee of the County of Pitkin
for the use of : Aspen Savings and Loan Association
to secure : $56,000.00
dated : May 30, 1975
recorded : May 30, 1975 in Book 299 at Page 249
reception No. : 175264
3. Evidence satisfactory that the Real Estate Transfer Tax as
established by Ordinance No. 20 (series of 1979) has paid or
exempted.
4. Certificate of nonforeign status executed by Lois A. Butterbaugh and
k Donald P. Rogers.
5. Deed of Trust from : Roger Dehring
to the Public Trustee of the County of Pitkin
for the use of : Parties to be determined
to secure : an amount to be determined
NOTE: The company hereby reserves the right to make additional
requirements as deemed necessary upon naming of a proposed insured
as lender.
This Commitment is invalid unless Schedule A Section 1
the Insuring Provisions and Schedules Commitment No. PCT -2137
A and 8 are attached.
L . a!► M k � * `r } ( r ..
1.1 � . • •• 61NY 6 j:
mums Oats
SCHEDULE 8- SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company.
1. Rights or claims of parties in possession not shown by the public
records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area
encroachments, and any facts which a correct survey and inspection
of the premises would disclose and which are not shown by the public
records.
4. Any lien, or right to a lien, for service, labor or material
heretofore or hereafter furnished, imposed by law and not shown by
the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if
any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest
or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax,' special assessment, charge or
lien imposed for water or sewer service, or for any other special
taxing district.
7. Mineral reservations and exceptions as contained in United States
Patent recorded in Book 175 at Page 246.
This Commitment is invalid unless Schedule A Section 2 Pg. 1
the Insuring Provisions and Schedules Commitment No. PCT -2137
A and 8 are attached.
IMIPMWEAbrist
ioGl � unit ' OOMPNNY
Ar
SCHEDULE B- SECTION 2
CONTINUED
Exceptions numbered NONE are hereby omitted.
The Owner's Policy to be issued, if any, shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B- Section 1.
(2) Unpatented mining claims; reservations or exceptions in patents
or in Acts authorizing issuance thereof; water rights, claims or
title to water.
This commitment is invalid unless Schedule B- Section 2
the Insuring Provisions and Schedules Commitment No.PCT -2137
A and B are attached.
R (e: , R 4:
•
Commitment For Title Insurance
Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con-
sideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred
to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and
to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment
or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall
be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company.
IN WITNESS WHEREOF, the said Company has caused its Corporate Name and Seal to be hereunto affixed; this instrument,
including Commitment, Conditions and Stipulations attached, to become valid when countersigned by an Authorized Officer or
Agent of the Company.
P H O ITIF COMMONWEALTH LAND TITLE INSURANCE COMPANY
T Attest: A) r By President
Conditions and Stipulations
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for
any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose
such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise
acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option
may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the 'definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy
or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part
of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out
of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
NM 6
American Land Title Association Commitment 1966
Cover Page
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_ . McLaughlin Water Engineers Ltd.
• 210A Ventnor Ave., Aspen, Colorado 81611 (303) 925 -1920
EXHIBIT "E"
RONALD C. MM1ADGHLIN
K ALEOIID R ERIC SON
DOUGLAS T. SDVERN
WILLIAM C. 1. CAR LEY
" I1Y
July 8, 1988 O" °T L. cAtt
WILLIAM R. RWDALL
CHARLES L. HARDT
RALPH L. TOREN
Bill Poss and Associates 101WT KLUANE
Bill Poss
GENE A. 7LIRRELL
605 E Main MICHAEI.
JOHN M. PILAW
14101.16 R. GAL.OEEI
Aspen, Co. 81611 -RONALD 1 DVO AK
SCOTT E. LDDAAN
KENNETH D. SIEIIART
MARY ANNE RUSH
RE ALLEY BLOCK 5 R.A. PROPERTY; STREAM MARGIN REVIEW HAROLD ROBERTS
HACK W STEI"MEYER
LEANER L. LMMY
Dear Bill:
The following is a summary of my review on the Stream Margin for lots 3 and 4,
Block 5, Riverside Addition property. The Stream Margin Review is necessary
for the Aspen and Pitkin County 1041 permit application.
The property runs adjacent to the Roaring Fork River at the east end of
Hopkins in Aspen. Currently an existing house sets on the property,
approximately 15-feet from the rivers edge and approximately 6 -feet above the
current water level in the River. The 100 year Flood Plain runs between the
existing house and the River along a bench 6 -feet above the existing water level.
The new building envelope, within the property, is proposed to be _larger than
the size of the existing house, but will not encroach on the 100 year Flood Plain
as shown on the attached site plan. The location of the house, within the
proposed building envelope, will also not encroach on the 100 year Flood Plain,
);_ but has some restrictions in construction with respect to the 100 year Flood
Plain.
Due to the close proximity of the property to the Roaring Fork River and the
100 year Flood Plain, the highest elevation of the Flood Plain on the property
dictates the elevation of the first floor of any building to be constructed on the
property. The first floor will need to be a minimum of 1 -foot above this
elevation. Topographical surveys, by Alpine Survey Engineers show the Flood
Plain to be highest in the south east corner of the property and at an elevation
of 7920. Thus the first floor of the house will to be at an elevation of 7921 or
higher. The 100 year Flood Plain cannot be encroached upon by any fill or
landscaping. Any fill that will alter the Flood Plain will have to be approved by
FEMA, which regulates any encroachment within the Flood Plain. The existing
vegetation along the River will should not be disturbed prior to, during, or after
construction. This only applies to the trees, shrubs and grasses which are
within the 100 year Flood Plain.
•
CASTLE ROCK DENVER SAKE DIVAN MESA
0034 1170177/ (300145/1570 003l 4IL1341 MN 034076
b
•
•
r
The above guidelines for the proposed property will insure that any building
constructed within the property and the proposed building envelope will not
increase the base flood elevation on the property. Attached is site plan for the
property, topo of the lot and proposed building envelope, high water level, 100
year Flood Plain around the property, and other features around the property.
If you have any questions or would like more information, please feel free to
call me at our Aspen office, 925 -1920.
Very Truly Yours,
YCLAUGHLIN WATER ENGINEERS, LTD.
S
ean erif
cc: Hal Erickson -MWE
GDD /POSS- SMR.88/ 88
•
RECEIVED
JUL 19 1989
BILL POSS AND ASSOCIATES
ASPEN, COLORADO