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Landuse Case.SM.886 Roaring Fork Rd.A038-98
CITY OF ASPEN PLANNING CASELOAD INDEX 2735-121-04-004 05/04/98 1 A038 -98 Ecclestone Stream Margin Review Chris Bendon 886 Roaring Fork Rd Stream Margin Review Ecclestone, Edwin PO Box 3267 I West Palm Beach, F I (561) 686-2000 Miller, Jack Architects `.` PO Box 4285 Aspen, CO 81612 927 -9513 1 1080 +110eng =1190 a y0� i 9 MEI A • .. �- .ate.... •4 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A STREAM MARGIN REVIEW FOR THE ECCLESTONE RESIDENCE, 886 ROARING FORK ROAD, CITY OF ASPEN. PARCEL NO. 2737 Resolution 498 - tO WHEREAS, the Community Development Department received an application from Edwin Llwyd Ecclestone, owner and applicant, for a Stream Margin Review for an existing single - family home at 886 Roaring Fork Road; and, WHEREAS, the proposed development is closer to the river than the existing development and more than 10% of the existing Floor Area, thus requiring and approval by the Planning and Zoning Commission: and. WHEREAS, the Planning and Zoning Commission may approve development within the Stream Margin Environmentally Sensitive Area in conformance with the review criteria set forth in Section 26.68.040: and. WHEREAS, the City Engineer, Parks Department, and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, during a regular meeting on June 2, 1998, the Planning and Zoning Commission approved by a 6 -0 vote the Stream Margin Review for the Ecclestone Residence, with the conditions recommended by the Community Development Department. • NOW, THEREFORE BE IT RESOLVED by the Commission: That the Stream Margin Review for the Ecclestone Residence, 886 Roaring Fork Road, is approved with the following conditions: 1. Prior to issuance of a building permit, the applicant shall provide a current signed and stamped site improvement survey delineating the top -of -slope in addition to the standard requirements. If the top -of -slope delineation on the improvement survey differs from the one presented to the Planning and Zoning Commission, all new development shall conform • to this new top -of- slope. If the top -of -slope differs significantly from the one presented the Commission in this application, the applicant must amend this approval. 2. The building permit plans shall show a 5 foot wide pedestrian area within the Roaring Fork Road right -of -way adjacent to the property and the width of the driveway reduced to no wider than 18 feet. 3. The development shall be located within the dimensional requirements of the R -15 Zone District and within the building envelope designated with this review. 4. Building envelope. The area within a line 15 feet further from the river than the top -of -slope and the required setbacks of the zone district on the remaining sides of the lot shall constitute the building envelope for this property. HUM 11111 1111111111111111111111 11111 III 1111111111111 418199 06/17/1998 11:50A RESOLUTI DAVIS SILVI 1 of 3 R 16.00 0 0.00 N 0.00 PITKIN COUNTY CO 5. There shall be no development other than approved vegetation below, or within 15 feet of, the top -of- slope. The existing development in this 'no development zone' may be maintained and reconstructed but cannot be expanded. The hot tub shall be drained through the sanitary sewer and not to the river. Outdoor lighting shall be dowcast and not directed towards the river. 6. Prior to issuance of a building permit. the applicant shall record a - fisherman's easement" to allow fishing access along the edge of he Roaring Fork River. 7. The applicant should either remove the split rail fence within the Roaring Fork Road right - of -way or obtain an encroachment license for the improvement from the City Engineer. 8. Prior to issuance of a building permit. the applicant shall complete and record a sidewalk, curb, and gutter agreement with the City Engineer. 9. The applicant shall agree to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 10. All utility meters and any new utility pedestals ortransformers must be installed on the applicant's property and not in any public right -of -way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility locations and easements must be delineated on a revised site improvement survey prior to issuance of a certificate of occupancy. Meter locations must be accessible for reading and may not be obstructed. 11. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees. 12. The applicant must receive approval for any work within public rights -of -way from the appropriate City Department. This includes. but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 13. Prior to issuance of a building permit. the applicant shall submit a drainage report and a drainage plan, including a erosion control plan. prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on -site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. 14. The applicant shall maintain construction materials and debris on -site and not within public rights -of -way. 15. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 10 p.m. 16. A copy of the site plan showing the top -of- slope, site improvements, the building envelope, the trail easement, and a note stating only native vegetative species below the top -of -slope shall be recorded as an attachment to the resolution. 17. Before issuance of a building permit, the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 111111 11111 111111111111111111111111111111 11111 X111 X111 418199 08/17/1998 11:50A RESOLUTI DAVIS SILVI 2 of 3 R 18.00 D 0.00 N 0.00 PITKIN COUNTY CO 18. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on June 6, 1998. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: c 771 � ,{4ty Ci Attomey Sara Garton, Chair ' ATTEST: 4'. .'. ' kie Lothian, Deputy City Clerk 1 111111 11111 111111 111111111MM III 11111 1111 1111 416199 06/17/1998 11:!0A RESOLUTI DAVIS SILVI 3 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO r1 1' St- i ".4 --p d r _ no MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Community Develo .ment Director Julie Ann Woods, Deputy Dire t. - vv \ 9 FROM: Christopher Bendon, Planner RE: Ecclestone Stream Margin Review -- 886 Roaring Fork Road DATE: June 2, 1998 SUMMARY: The applicant, Llwyd Ecclestone, has proposed an 820 square foot addition to his single - family home located at 886 Roaring Fork Road. This addition represents more than 10% of the existing structure and development closer to the river, hence the necessary review by the Planning and Zoning Commission. The site has a very clear break in the terrain separating the plateau from the steep bank descending to the river. The proposed development is appropriately located outside the 15 foot `no development zone' and is within the progressive height limit. Staff recommends approval of this Stream Margin Review for the Ecclestone residence, with conditions. APPLICANT: Edwin Llwyd Ecclestone, Jr. Represented by Jack Miller, Architect. LOCATION: 886 Roaring Fork Road. ZONING: R -15. Moderate Density Residential. LOT SIZE: 40,976 square feet. LOT AREA (FOR PURPOSES OF FAR CALCULATION): 18,821 square feet. Post -it Fax Note 7671 Date C . I Ipage FAR: ro itt From r ne7 meic, & allowable = 4,729 square feet Cortxpt co. existing = 3,889 square feet Phone # Phone # 936 CCIThei proposed = 4,708 square feet Fax # Fax # 1 CURRENT AND PROPOSED LAND USE: Single - Family residential. PREVIOUS ACTION: The Commission has not previously considered this application. REVIEW PROCEDURE: The Commission may approve, approve with conditions, or deny this application at a hearing. BACKGROUND: The existing structure was constructed before the current requirements for Stream Margin Review and does not have a prior approved top -of -slope and building envelope. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." Agency referral comments have been included as Exhibit `B." The application has been included as Exhibit "C." RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve this Stream Margin Review for the Ecclestone residence with the following conditions: 1. Prior to issuance of a building permit, the applicant shall provide a current signed and stamped site improvement survey delineating the top -of -slope in addition to the standard requirements. If the top -of -slope delineation on the improvement survey differs from the one presented to the Planning and Zoning Commission, all new development shall conform to this new top -of- slope. If the top -of -slope differs significantly from the one presented the Commission in this application, the applicant must amend this approval. 2. The building permit plans shall show a 5 foot wide pedestrian area within the Roaring Fork Road right -of -way adjacent to the property and the width of the driveway reduced to no wider than 18 feet. 3. The development shall be located within the dimensional requirements of the R -15 Zone District and within the building envelope designated with this review. 4. Building envelope. The area within a line 15 feet further from the river than the top -of -slope and the required setbacks of the zone district on the remaining sides of the lot shall constitute the building envelope for this property. 5. There shall be no development other than approved vegetation below, or within 15 feet of, the top -of- slope. The existing development in this `no development zone' may be maintained and reconstructed but cannot be expanded. The hot tub shall be drained through the sanitary sewer and not to the river. Outdoor lighting shall be dowcast and not directed towards the river. 6. Prior to issuance of a building permit, the applicant shall record a "fisherman's easement" to allow fishing access along the edge of he Roaring Fork River. 7. The applicant should either remove the split rail fence within the Roaring Fork Road right - of -way or obtain an encroachment license for the improvement from the City Engineer. 2 8. Prior to issuance of a building permit, the applicant shall complete and record a sidewalk, curb, and gutter agreement with the City Engineer. 9. The applicant shall agree to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 10. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right -of -way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility locations and easements must be delineated on a revised site improvement survey prior to issuance of a certificate of occupancy. Meter locations must be accessible for reading and may not be obstructed. 11. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees. 12. The applicant must receive approval for any work within public rights -of -way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 13. Prior to issuance of a building permit, the applicant shall submit a drainage report and a drainage plan, including a erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on -site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. 14. The applicant shall maintain construction materials and debris on -site and not within public rights -of -way. 15. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 10 p.m. 16. A copy of the site plan showing the top -of- slope, site improvements, the building envelope, the trail easement, and a note stating only native vegetative species below the top -of -slope shall be recorded as an attachment to the resolution. 17. Before issuance of a building permit, the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 18. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Ecclestone Stream Margin Review with the conditions outlined in the Community Development Department memo dated June 2, 1998." CO ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments Exhibit C -- Application 3 Exhibit A STAFF COMMENTS: Stream Margin Section 26.68.040, Standards Applicable to Development within 100 feet of the Roaring Fork River and its tributary streams. A. No development shall be permitted in the floodway, with the exception of bridges or structures for irrigation, drainage, flood control or water diversion, which may be permitted by the City Engineer, provided plans and specifications are submitted to demonstrate that the structure is engineered to prevent blockage of drainage channels during peak flows and the Commission determines the proposed structure complies, to the extent practical, with all standards set forth below. Staff Findingi No development is proposed within the floodway. B. No development shall be permitted within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the Special Flood Hazard Area where it extends beyond 100 feet from the high water line of the Roaring Fork River and its tributary streams, unless the Commission makes a determination that the proposed development complies with all standards set forth below: 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 in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposed mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development; Staff Finding: No development is proposed within the floodway. 2. Any trail on the parcel designated on the Aspen Area Community Plan, Parks /Recreation /Open Space/Trails Plan Map, or areas of historic public use or access are dedicated via a recorded easement for public use. Dedications are necessitated by development's increased impacts to the City's recreation and trail facilities including public fishing access; 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practical; Staff Finding_ The property has an existing trail easement in place from the subdivision approval. The Greenway Plan also requires a "fisherman's easement" along the edge of the Roaring Fork River. The Commission should require compliance with this Greenway Plan by requiring a fisherman's easement along the river bank. staff comments page 1 4. There is no vegetation removed or damaged or slope grade changes (cut/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 barricades shall remain in place until the issuance of Certificates of Occupancy; Staff Finding: Because the property has not gone through a Stream Margin Review in the past, a building envelope has not been designated for this property. This envelope should now be designated as the area within the zoning setbacks on the three non -river sides of the lot and the line 15 feet back from the top -of- slope. A map showing the building envelope shall be recorded with this Resolution. The river is approximately 165 feet from the top -of- slope. Therefore, staff does not think barricading the site will be necessary to prevent debris from entering the river. If the Commission feels this barricading is necessary, a condition of approval must be added to the motion. 5. 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. Pool or hot tubs cannot be drained outside of the designated building envelope; Staff Findine: Drainage from the site will not be greatly affected with this additional development and is located far enough from the river to prevent sediment from entering the river. The hot tub should be drained to the sanitary sewer and not to the river. 6. Written notice shall be provided 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. 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. Copies are provided of all necessary federal and state permits related to the work within the 100 -year floodplain; and Staff Finding: The development proposed will not interfere with the watercourse and is not within the 100 year floodplain. 9. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank staff comments page 2 stability. If any development is essential within this area, it may only be approved by special review pursuant to Section 26.64.040(D) Staff Finding: The applicant is not proposing new development within this no- development zone. The existing hot tub and hard landscaping is within this area. These improvements can remain and can be rebuilt but cannot be expanded. 10. All development outside of the fifteen (15) foot setback from the top of 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 slope. Staff Finding - The proposed development complies with the height restriction established by the top -of- slope. The existing structure does exceed this height but is not proposed to be expanded. 11. A landscape plan is submitted with all development applications. Staff Finding_ A landscape plan has not been submitted with this amendment. The applicant has stated, however, that only minor improvements will be made within the building envelope and no alterations to the existing vegetation below the top -of -slope are proposed. The Commission should include a condition of approval preventing changes in the vegetation below the top - of- slope. 12. All exterior lighting is low and downcast with no lights directed toward the river or located down the slope; Staff Findine: The applicant has agreed to this standard. 13. Site sections drawn by a registered architect, landscape architect, or engineer are submitted showing all existing and proposed site elements, the top -of- slope, and pertinent elevation above sea level. Staff Finding: The site is relatively flat with a clear break where the site then slopes steeply to the river. The Architect has prepared a site section showing the proposed top -of -slope and the progressive height limit. The City Engineer has stated the top -of -slope cannot be determined with the information provided by the applicant. The rationale is the topography supplied by the applicant is separate from the site improvement survey and cannot be verified in real space. staff comments page 3 Due to the characteristics of the site and discussions with the applicant's representative, however, planning staff is reasonably certain the top -of -slope has been accurately identified by the surveyor on the site plan. This designation was determined by the surveyor based on the aerial topography provided in the application. The applicant has provided a site section which clearly differentiates the stream bank from the upper bench of the property. Staff suggests the Commission approve this top -of -slope with the condition that the building permit application contain a current stamped and signed site improvement survey which clearly identifies the top -of- slope. To the extent the top -of -slope is found to be different from that which is identified in this application, the applicant should be required to amend the development plans accordingly. 14. There has been accurate identification of wetland and riparian areas. Staff Finding; The proposed development is approximately 165 feet from the edge of the river and should not affect wetlands or riparian habitat. staff comments page 4 • 11 15C DRAFT MEMORANDUM To: Chris Bendon, Project Planner Thru: Nick Adeh, City Engineer From: Ross C. Soderstrom, Project Engineer Date: May 22, 1998 Re: Ecclestone Stream Margin Review Physical Address: 886 Roaring Fork Road, City of Aspen, CO Legal Description: Lot 3, Second Aspen Company Subdivision, City of Aspen, CO [Sec. 12, T10S, R85W] Parcel ID No.: xxxx- xxx- xx -xxx After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members of the DRC: 1. Application and Improvement Survey : The applicant will need to submit a current Improvement Survey plat for the property with the building permit application. The plat needs to conform to the standards of an improvement survey for stream margin review. The survey provided with the application lacks the following: topography; edge of water and 100 yr. flood plain elevation; benchmark and datum information for flood plain delineation; the masonry block building built into the slope; dimensions and explanation of the type of "trail easement" crossing the property; the encroaching fence along the road frontage; and it is not signed nor stamped by a currently registered Colorado land surveyor. A legitimate and complete Improvement Survey is required to be submitted with the building permit application. The applicant will be required to complete the standard requirements and conditions associated with the form(s) of development requested in the application. 2. Changes in Conditions: If the proposed use, density, or timing of construction of the project change, or the site, grading, drainage, parking or utility plans for this project change subsequent to this review, a complete set of the revised plans shall be provided to the Engineering Dept. for review and re- evaluation. The discussion and recommendations given in this memorandum apply to the application and plans (received April 10, 1998) provided for this review and such comments and recommendations may change in response to changes in the use, density, or timing of the construction of the project, or changes in the site, grading, drainage, parking or utility designs. DRAFT DRCM I498.DOC 1 OF 3 _ . � _ ._ _.. • Memo • Ecclesrone Stream Margin Review DRAFT 3. Utility Services, Trash and Recycling Areas: The proposed addition does not appear to be significant enough to require any up- grades to the utilities serving the property. Utility service connection points, meters, etc., need to be accessible to service personnel in the completed project and not obstructed by garbage or recycling containers, other structures or landscaping. All existing and any new easements for utilities shall be shown on the final improvement plans submitted for the building permit. 4. Site Drainage: The new development cannot release more than historic (pre- development) storm run- off flows from the site and any increase in historic storm run -off flows must be first routed and detained on the site. A drainage report and drainage plan (including erosion and sedimentation control measures) completed and stamped by a Colorado licensed civil engineer will be required for the project to accommodate the drainage flows originating from the site. If a ground injection or re -charge type drainage system is proposed, the percolation rate of the soils will need to be measured and reported in a geotechnical report, and included as the basis for sizing the infiltration field. The drainage report and plan, and the geotechnical report, if any, will be included with the plan set submitted for the building permit application. /Precipitation intensity curves for a two year (2 yr.) storm frequency should be used in designing the drainage improvements. The drainage plan should minimize introducing additional drainage on to the riverbank slope, particularly concentrated flows. 5. Driveways, Parking & Pedestrian Area: The driveway width will be reduced to not greater than 18' wide in the area between the edge of pavement and the front property line. A five (5) ft wide pedestrian useable space fronting the property in the Roaring Fork Road right -of -way will need to be shown on the site plan included in the building permit plan set. The encroaching split rail fence should be relocated within the property boundaries. 6. Fishing Easement: The property owner should grant a fishing easement along the edge of water V in the Roaring Fork River as located and specified by the City Parks Dept. The easement agreement should be recorded prior to issuance of a building permit. 7. Stream Margin Review: The building envelope will need to be delineated by construction fencing incorporating sediment webbing approximately 20 ft from the top of slope to the up hill side. The barrier should be erected prior to construction and maintained throughout construction until the later of either the issuance of the Certificate of Occupancy or completion and establishment of the landscaping. The top of slope delineation cannot be verified from the information provided in the application. J 8. Sidewalk, Curb & Gutter: Although no such improvements are planned for this area in the near future, the property owner shall complete and record a Sidewalk, Curb & Gutter Agreement prior to issuance of the building permit J 9. Improvement Districts: The property owner is required to join any future improvement districts formed for the purpose of constructing public improvements which benefit the property under an assessment formula. The agreement would be executed and recorded prior to the issuance of a building permit. DRAFT DRCM1498.DOC 2 OF 3 Memo - Ecclestone Stream Margin Review DRAFT J 10. As- Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the )✓� 0, Aspen/Pitkin County Information Services Dept. as- builts drawings for the project showing the property lines, building footprint, easements, encroachments, entry points for utilities entering the property boundaries and any other improvements. 11. Work in the Public Rights -of -Way: Given the continuous problems of unapproved work and development in public rights -of -way and easements, we advise the applicant as follows: '' The applicant must receive approval from: City Engineering (920 -5080) for design of improvements, including landscaping and grading, within public rights -of -way; Parks Department (920 -5120) for vegetation species and placement, and irrigation systems; Streets Department (920 -5130) for mailboxes, street and alley cuts; and shall obtain permits for any work or development, including landscaping, within public rights -of -way from the City Community Development Department (920 - 5090). DRC Meeting Attendees: Applicant: none Staff & Referral Agencies: Tom Bracewell, Mitch Haas, Ross Soderstrom, Chuck Roth, Ed VanWalraven, Jack Reid, Bill Earley, John Krueger • DRAFT DRCM1498.DOC 3 OF 3 U4spe Consof JafeokSanifafion r aid 565 North Mill Street Aspen, Colorado 81611 Tele. (970) 925 -3601 FAX #(970) 925 -2537 Sy Kelly • Chairman Michael Kelly Paul Smith • Treas. Frank Loushin Louis Popish • Secy. Bruce Matherly, Mgr. May 11, 1998 Chris Bendon Community Development 130 S. Galena Aspen, CO 81611 Re: Ecclestone Stream Margin review Dear Chris: The Aspen Consolidated Sanitation District currently has sufficient collection and treatment capacity to serve this development. Service is contingent upon compliance with the District rules, regulations, and specification which are on file at the District office. A tap permit will need to be completed to estimate the incremental additional connection fees associated with the improvements proposed. Once detailed plans are available a permit can be completed at our office. RECFrPt Sincerely, MAY 1 3 1998 A5t'CI i r nuv Bruce Matherly COMMUNITY DEVELOPMENT District Manager EPA Awards of Excellence 1976 • 1986 • 1990 Regional and National rv ' LAND USE APPLICATION PROJECT: Name: 886 Roaring Fork Road Stream Margin Review Location: 886 Roaring Fork Road, Aspen, CO 81611 Lot # Block # (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: Edwin Llwyd Ecclestone, Jr. Address: Post Office Box 3267, West Palm Beach, FL 33402 Phone #: (561) 686 -2000 REPRESENTATIVE: Name: Jack Miller, Architect Address: P.O. Box 4285,E Aspen, CO 81612 Phone #: (970) 927 -9513 TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition • GMQS Exemption ❑ Subdivision ❑ Historic Designation © ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment • EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) . Residence ' PROPOSAL: (des( ription of proposed buildings, uses, modifications, etc.) Addition to the Residence it Ian Have you attached the following? FEES DUE: $ 13 Pre - Application Conference Summary p Attachment #1, Signed Fee Agreement ® Response to Attachment #2, Dimensional Requirements Form RErrnVED p Response to Attachment #3, Minimum Submission Contents ri Response to Attachment #4, Specific Submission Contents MAY 0 A 1998 © Response to Attachment #5, Review Standards for Your Application vN. COM^. „' OPMENT r . CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 4.10.98 PROJECT: 886 Roaring Fork Road Stream Margin Review REPRESENTATIVE: Jack Miller, Architect OWNER: Llywd Eccelstone TYPE OF APPLICATION: one step DESCRIPTION: stream margin review Land Use Code Section(s) 26.68.040 Stream Margin Review ' Review by: Staff for completeness; P &Z for Stream Margin Review Public Hearing: No for stream margin. Referral Agencies: Engineering, Parks, Fire Marshall, Water, ACSD Planning Fees: Planning Deposit Minor ($1080) Referral Agency Fees: Engineering, Minor ($110); Total Deposit: $1190 (additional hours are billed at a rate of $180 /hour) To apply, submit the following information: 1. Proof of owners) ip 2. Signed fee agrecnent 3. 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. 4. 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. 5. Total deposit for review of the application 6. ila of the complete application packet and maps. HPC = 1 2; PZ = 10; GMC = PZ +5; CC = 7; Referral Agencies = I /ea.; Planning Staff = 1 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Site improvcinent 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.) 9. 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. 10. Copies of prior approvals. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. - ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: 886 Roaring Fork Road Stream Margin Review Applicant: Edwin Llwyd Ecclestone, Jr. Location: 886 Roaring Fork Road; Aspen, CO 81611 Zone District: R -15 Lot Size: 104' ave. x 394' ave. Lot Area: 18,821 square feet with slope reduction (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: o Proposed: Number of residential units: Existing: 1 Proposed: Number of bedrooms: Existing: 5 Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: 3889 Allowable: 4729 Proposed: 4708 Principal bldg. height: Existing: 25 Allowable: 25 Proposed: - Access. bldg. height: Existing: - Allowable: - Proposed: - On-Site parking: Existing: 5 Required: 5 Z Proposed: - % Site coverage: Existing: - Required: - Proposed: - % Open Space: Existing: - Required: - Proposed.: - Front Setback: Existing: 60 Required: 25 Proposed: - Rear Setback: Existing: 250 Required: 10 Proposed: - SAM' Combined F /R: Existing: - Required: - Proposed: - Side Setback: Existing: 8.8 Required: 5 1,0 Proposed: - 7 Side Setback: Existing: 14.9 equired: 5 % D Proposed: - Combined Sides: Existing: - Required: - Proposed: - E 'sting non -confoities or encroac s ts: None 1 �avWrG ` f5 .10%. Variations requested: None E. LLWYD ECCLESTONE POST OFFICE ROX 3267 WEST PALM IIEACI - I, FLORIDA 33402 TELEPHONE 561 /686 -2000 FAX April 20, 1998 561 / - 5551 Mr. Stan Clauson Community Development Director City of Aspen Aspen, Colorado Re: Project Application for: 886 Roaring Fork Road Stream Margin Review Dear Mr. Clauson: Please accept this letter as my written submission to apply for the above - referenced Project (Land Use Code Section 26.68.040). Furthermore, I hereby acknowledge that I am, in fact, Edwin Llwyd Ecclestone, Jr., sole owner and "Applicant" who has authorized Jack Miller, Architect, as my "Representative" on behalf of the Stream Margin Review Project located at 886 Roaring Fork Road; Aspen, CO. My representative's address and telephone number are offered below: JACK MILLER, ARCHITECT 874 McLaughlin Lane Ruedi Shores Basalt, Colorado 81621 Telephone: (970) 925 -6930 Facsimile : (970) 927 -9513 Thank you for your assistance. Sincere) , 1- E. Llwyd Ecclestone, Jr. /ae JACK MILLER & ASSOCIATES, A.I.A. ARCHITECTURE /PLANNING JM P.O. BOX 4285 ASPEN, CO. 81612 April 30, 1998 303 - 925 -6930 Chris Benton, Planner Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Stream Marvin Review, Renovation —Edwin Llywd Ecclestone, Jr., 886 Roaring Fork Road, Lot 3, Second Aspen Company Subdivision Dear Chris: The Ecclestone's have owned this property for over 8 years and would like to add space and renovate the existing residence. They propose to add a sunroom, expand the existing master bedroom, kitchen and stairwell for a total expansion of 820 square feet. As the existing house is 3,889 square feet and the current allowable floor area is 4,730 square feet (per slope reduction calculations by Alpine Surveys), the expansion is within the allowable floor area limits. The expansion, however, is more than 10% of the existing floor area so the addition requires a stream margin review. Regarding the stream margin review standards on Attachment 5 and the relating impact of the development, please review the responses as follows: 1) The residence is approximately 250 square feet horizontally from the frontage and on a bluff approximately 80 feet vertically above the river so there is virtually no impact. 2) & 3)Recommendations of the Aspen Area Community Plan and Roaring Fork Greepway Plan will be respected and initiated. 4) Vegetation or cut and fill will not be done outside of the designated envelope. 5) Drainage will be on -site and within the envelope. 6) Water course will not be altered. 7) A guarantee will be provided as requested. 8) Work is outside of the 100 -year flood plain. 9) Development is beyond the 15' the top of slope. • Jack Miller & Associates Chris Benton, Planner April 30, 1998 Page 2 10) New development will not exceed the 45° angle per Figure A. See sketch in package. 11) Landscaping will be installed to match existing or to replace existing where damaged during construction within envelope. 12) Exterior lighting will be downcast but not toward river. 13) See site profile and relating development area in package. 14) The development envelope is 80 feet above the riparian and wetland zones. If further information is required please contact one at any time. Sincerely, Jack Miller JACK MILLER & ASSOCIATES AYH 1b Ud 13:23 IU'IOtu52■eu is E80- LUULLSIUNh UNUANIL. T-613 P,06 /12 F -657 1111111 11 1111111111111111 111 II 11 111111111 1111 v 414139 03/03/19Se 03:29P RLS DT DAVIS SILVI 1 of 1 R 0.00 0 0,00 N 0,00 PITKIN COUNTY CO r T� n (i - T . REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE n C�r 8 Febniary 20, 1998 Date ` 'I ` e 1 ■ hLWIN LLNYD ECCI.EBRcME JR . Grantor (Borrower) t . '% 1.i . 4 ..,. - - -- - NDVOS Financial, Corporation Original Beneficiary (under) July 25. t996 Dale of :hod of Trust Ntrnrst 6 1996 D or Do ud of Trust of D Da Pi tki n County of Recording 195617 Reception end/or Alm Not of Recorded Dud ofTum V liw#ba Ne Filo Na J NA ra NA Book and Page of Deed of Trust Vv Mo. tam 4 TO THE PUBLIC TRUSTEE OF Pi tki n County (The Public Train to which the above Deed of Trust conveys the said property.) Please execute this micas, as the indebtedness scoured by the Dud of Trust her been fully or partially paid and /or the purpose of the Deed orma,i has been Nlly satisfied. MINUS Financial corporation nee. • ee HMV cried IMabSMU &me er bpd *liken lLMnl '' c 3 Richards — Vice President , ' eRWTNaef apse, Officer Slump Moan How e • • all pp - 0 . : —Vice Pres 1; *Mew Mate of 6 Copmyof SANSANDRA A IC I/I VOON 'e,, E y K. t� the fenpDizn st far Meese was eknowl•dp S \ N07AkY PUBLC acknowledged before me en g 5 ') De S Hic Vice Yreej 4) SOWN DAKOTA 4 y mm G; / II ild..4A X. (4?�c,..4.. Date Commission Expire Hwy hug RELEASE OF DEED OF TRUST WHEREAS, the above referenced Grantor(s), by Deed of Trust, conveyed certain real property described in said Dud ofTrun to the Public Trustee oftheCountyrefuenced above, In the State oI'Coloado, to be held In trust to secure the payment W Indebtedness Wane to Denim see WHEREAS, the iodcbsedness secured by the Deed orfust has been fully or partially paid and/or the purpose ofthe Deed of hurt Ins been fully whiled as vet forth in the written request of the current owner and holder of the said Indebtedness. NOW THEREFORE, in consideration et the promises and the payment of the statutory sum, receipt of which is hereby ,cknowl• edged, I, as the Public twee in the County Ant referenced above, do hereby remise, release and qullehim unto the present owner or ownen of said real property, and unto the heirs, summon and assigns of such owner or owners forever, ell the right, bile and,4NSUt, which thew under end by virtue of the afendaid Deed of Trust in the real tWe described therein, 0 have and to hold thsd me'isitb al, r 'J •,, iha pdv,.p.and appunenanm ihareunto belonging (maven and fvrlhar 1 do hereby fully end absolutely release, egr'b•$I. g ryrevet'' ditchers said Deed of Trust, v / huge : ,l l x /-P r 9 / � f I : , S .t 44". 00"" 5tne ofColorado, County of NTY .r — Stale oTCoiorido TN n ..,1 County of Pekin .1 p 0 • — m.on__ I _ wu.abpwhdpd bean w WitnmMy Hand and Seal {r *I : % it ` :\ — mean — by Cuo l Foutea a It 1 _ Dq.uly Public maim for P ain Couny,Cokndo, of / /r•1 /�4 /yp / S . I } M YOOmmipio n spires MareM1 1, 3000. o. /` I / /7A Z 1 w • i — Due Camnuuwn =pins ...AN O ' nf makable. iumOMcifani p anew Red wiofu,npwedand eddy. t; ijp° ve4,l.p _ • t O e i• •• Original Note and Deed of Tasl Returned to: Edwin IJwyd EoelestoneJr PO Box 3267 Received b y W Palm Beach FL 33402 1��p,��yy Nh. sa tawny l. Ms taroahnnsuwM env oTT,, a dm anra rimming ins wpm R,Denwe r010s02 (N3) oo —6Py CiV • • /VII Iv JO IS:4 u rdrV t io hnb8-cUULLbIUNt UnUNNIL. / I -b16 P Q9 /1'1 1-bb7 F Nx * . 179 qa') -q5J3 NOVUS Financial Corporation COLORADO ADJUSTABLE RATE NOTE — THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MC$HLY PAYMENT. - rims NOTE DOES NOT LIMIT THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME BUT DOES LIMIT THE MAXIMUM RATE I MUST PAY. THIS NOTE ALSO CONTAINS AN OPTION TO CONVERT MY CURRENT INDEX AND MARGIN TOA NEW INDEX AND MARGIN, THIS Note ie made January 20, nee by the Borrower(s) (herein "n EDWIN LLWYD ECppLESTO E V I�y� n EDWIN LLWYD ECCLESTONE, JR., AS T RUSTEE 11 NDER �t16 50W1N LLWYD ECESTONE f R. REVOCABLE LIVING TRUST AGREEMENT GATED JA 21, 1911, AS AMENDED, AND WHOLLY RESTATED NER 26, 1991, AND FURTHER AMENDED JANUARY 29, 19E2. whose address is (herein "Property Address') 886 flooring Pork Drive Aspen, CO 61911 and the Lender (herein "Lender ") NOVUS Financial Corporation 2210 SANDERS ROAD SUITE 300 NORTHBRQOK, IL 60062 Loan Number: 940 - 390 - 406014 It more than one Borrower signs this Note, the words "I," "me," "myself," 'us" or "Borrower" shall man each Borrower named above. The word "Note Holder" means the odglnal Lander and anyone who takes the Note by tranaler. I agree to the following: PRINCIPAL BALANCE VIINNERIMP INITIAL RATE OF CHARGE 7.250 % PAYMENT AMOUNTS AND TIMES: Initial Monthly Payment Initial First Payment Date Marsh 1, 1996 Initial Final Payment Date February 1, 2023 1. Borrower's Promise To Pay. In return for a loan that 1 have received, I promise to pay the Principal BelenCe shown above (this amount is called "principal "), plus interest, to the order of the Lender. I understand that the Lender may transfer tiia Note. The Lender or anyone who takes Ihla Note by transfer and who Is entitled to receive payments under this Note is called the 'Note Holder." 2. Internet. Interest will be charged on unpaid principal until the lull amount of principal has been paid. I will pay Interest at a yearly rate of =ale. The Interest ram I will pay may change In accordance with Section 4 or 5 of this Note. The interest rate required by this Section 2 and Section 4 or 5 of this Note Is the rate 1 will pay both before and atter my default described In Seddon 0(6) of thls Note, 3. Payments. (A) Time and Place of Payments. I will make monthly payments on the first day of 'soh month beginning on Mft h 1.19x4. Beginning with my tirat payment, and for every payment through and including my payment due on ffthal X 1..2.01:18.1 will pay only the interest on the unpaid principal balance of the Note. On the first day of each month thereafter. iron pay interest and pnnolpal until 1 have paid all of the interest and principal and any other charges described below that I may owe under this Note. My monthly payments will beapplied to Interest before prinolpal.1, on Fahniary1.2023, 1051 owe amounts under this Note, I will pay those amounts in lull on that date, which Is railed the "Maturity DNS." I will make my monthly payments at 2216 SANDERS ROAD SUITE 300, NORTHBROOK, IL 60052 or at a different place If required by the Note Holder. (S) Amount of My initial Monthly Payments. Each of my Initial Monthly Payments will be In the amount of 611.14R.e3 This amount may change. (C) Monthly Payment Changes. Changes In my monthly payment will reflect changes In the unpaid principal of my loan and In the interest rate that 1 must pay. The Note Holder will determine my new Interest rata and the charged amount of my monthly payment In aocardende with Section 4 or 6 of this Note, 4. Adjustable Internet Rate and Monthly Payment Changes. • (A) Change Dates. The adjustable interest rate I will pay may change on August 1 1 025, and on the first day of every filth month thereafter. Each date on which my adjustable Interest rate Could change is called a'Change Date." (B) The Index. Beginning withtheflret Change Dods, my adjustable Interest rate will be based on an Index. Tne "Index" is the average of Interbank offered rates for six-month U.S. Dollardenominated deposits in the London market ( "LIBOR"), as published in The Wall Street Journal "Money Rates" table, The moat recent Index figure available as of the data 45 days before each Change Date Is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new Index that 1 based upon comparable information. TM Note Holder will give me notice olthis choice, (C) Calculation of Changes. Before each Change Date, the Note Holder will calculate my new interest rate by adding One and 82511 flog percentage points (1.R2 %) to the Current Index, The Note Holder will than round the result of this CO • MtQFI Note - 10/01/97 • Frge i or S2'd 2J31N3.1 3DIAd3S d38 3..126d 110 NdES:20 B6, 62 Ntlf 108 - eta , 8t'4 CSSCC0002 9r :6t 99. BE INC