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HomeMy WebLinkAboutcoa.lu.sm.Torpen1018 E Hopkins.17A-87 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: S/2 947 PARCEL ID AND CASE NO. DATE COMPLETE: X 737 - /8/ - g "7 , STAFF MEM�BBER:(; ME PROJECT NAME: 7 Pn S/ r ea M / / �/R r / /7 vi u✓ Project Address: / U APPLICANT: 5 P r e.A Oa. tC h o r n, Applicant Address: / Co PRESENTATIVE: A TP TR ( . sj le Representative Address /Phone: '.0• 4 • i : < As --e4, • S -ao TYPE OF APPLICATION: STreasvi / icti ((I? TP I / / eu) PAID: S NO AMOUNT: c) /S. CO 1 STEP APPLICATION: �EETING DATE: � `" ' PUBLIC HEARING: YES DATE REFERRED: A _A0, I / /INITIALS: tur- ----/ 2 STEP APPLICATION: / CC MEETING DATE: PUBLIC HEARING: YES NO DATE REFERRED: INITIALS: REFERRALS: City Attorney Mtn. Bell School District 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: City Atty !� " City Engineer Bldg. Dept. Other: (n p FILE STATUS AND LOCATION: Y I,fiiit CASE,DISPOS ITION: pc STf cuv (� �u� y Reviewed by: Aspen P &Z City Council // n Gann \ Rev; r, P ly nne.r lam /6 / g7 P-fiz Yvl can Z A ref uQ a k TR no c : ,ns I I Reviewed By: Aspen P &Z City Council MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Glenn Horn, Assistant Planning Director RE: Torpen Stream Margin Review DATE: June 16, 1987 BACKGROUND INFORMATION Applicant: Derek Watchorn Representative: Jeff Costley Location: 1018 East Hopkins Avenue - The rear lot line of the parcel is located approximately 85 feet from the high water line of the Roaring Fork river and 70 feet from the 100 year flood plain. Zoning: RMF APPLICANT'S REQUEST The applicant is seeking Stream Margin Review approval in order to construct a duplex structure in accordance with Section 24 -6.3 of the Municipal Code. REFERRAL COMMENTS Chuck Roth of the City Engineering Department comments that the rear lot line of the property is located 85 feet from the high water line and 70 feet from the 100 year flood plain. The proposed building on the site will be setback 20 feet from the rear lot line (see Attachment 1). CODE CRITERIA Section 24 -6.3 of the code states that development on any lands within 100 feet of the high water line of the Roaring Fork River must comply with the criteria addressed in this section. 1. Criteria - No development shall occur within a special flood hazard area unless it can be demonstrated that there will be no increase in base flood elevation as a result of the development, as shown by an elevation certificate prepared by a professional engineer registered to practice in the State of Colorado. Response - The proposed development does not lie within a special flood hazard area. 2. Criteria - In the event there is a trail designated by an approved trail plan within the development site, such trail shall be dedicated for public use. Response - According to the adopted trails plan there are no trails designated on the subject property. 3. Criteria - All attempts should be made to implement the recommendations of the Roaring Fork Greenway Plan prepared by the Roaring Fork Greenway Committee. Response - The proposed development site is not affected by the Roaring Fork Greenway Plan. 4. Criteria - Vegetation shall not be removed nor any slope grade changes made that may produce erosion of the stream bank. Response - The subject parcel is approximately 85 feet away from the stream bank. 5. Criteria - All efforts shall be made to reduce pollu- tion and interference with the natural changes of the river, stream or other water course and to enhance the value thereof as an important natural feature. Response - No pollution or interference with the natural changes of the river will occur because the property does not adjoin the river. 6. Criteria - Written notice shall be given to the Colorado Water Conservation Board prior to any altera- tion or relocation of the water course and a copy of said notice shall be submitted to the Federal Emergency Management Agency. Response - No alteration or relocation of the water course will occur because the property does not adjoin the river. 7. Criteria - In the event a water course shall be altered or relocated, the applicant and applicant's heirs, successors and assigns shall provide maintenance to assure that the flood carrying capacity is not dimin- ished. Response - This criteria is not applicable to this site because the subject site is so far from the river. 8. Criteria - Copies shall be submitted of all necessary federal and state permits relating to work within the one hundred year floodplain. Response - This criteria is not applicable to the application because the property is not within the one hundred year floodplain. PLANNING OFFICE RECOMMENDATION Based upon our review of the application the Planning Office recommends approval of the Torpen Stream Margin Review. torpen /gh Attachment x2K 1 MEMORANDUM To: Glenn Horn, Planning Office From: Chuck Roth, Assistant City Engineer e`e Date: June 4, 1987 Re: Torpen Stream Margin Review Having reviewed the above referenced application, the Engineering Department has the following comments: 1. The applicant's surveyor came in to our office and was told what was needed for mapping. However, the plans which we have received do not show the information that was reques- ted. The issue may not be important. From the floodplain mapping, it was determined that the high water line of the Roaring Fork River is 80 -90 feet from the applicant's nearest boundary. The 100 -year floodplain is about 70 feet from the applicant's boundary. 2. The applicant's structure will be close to being within 100 feet of the high water line, however the property and structure and proposed development are not near the flood- plain. Also, there is a structure between the applicant's property and the river and floodplain. It appears that there will be no impacts on the floodplain. Therefore there is no need for the Engineering Department to suggest any conditions of approval. cc: Jay Hammond CR /cr /caseload.6 r ASN /PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, CO 81611 (303) 925 -2020 y el)---1 Date: 9 a r il a ' L ' �a s . a t r RE: g/'na Lae.. 4 I/ Or Dear 1 / : // This is / fa inform you that the Planning Office has completed its preliminary review of . captioned application. We have determined that your application NOT complete. Additional items required include: Disclosure of Ownership (one copy only needed) . Adjacent Property Owners List /Envelopes /Postage (one copy) Additional copies of entire application Authorization by owner for representative to submit applica- tion Response to list of items (attached /below) demonstrating compliance with the applicable policies and regulations of the Code, or other specific materials / A check in the amount of $ v A. Your applicatito» s complete and we hav: scheduled it for review by the `i •P on E ._, / . We will call you if we need any additional inform' ion prior to that date. Several days prior to your hearin•, we will call and make ...ilable a cow of the memorandum. Please note that it IS 140 your responsibility to post your property with a sign, w ich we can provide you for a $3.00 fee. B. Your application is incomplete, we have not scheduled it review at this time. When we receive the materials we have requested, we will place you on the next •lable agenda. If you have any questions, please call CI �� IJ ,J474 , the planner assigned to your case. Sincerely, ASPEN /PITRIN PLANNING OFFICE _ t/ . I ICI MEMORANDUM TO: City Engineer FROM: Glenn Horn, Planning Office RE: Torpen Stream Margin Review DATE: June 1, 1987 Attached for your review and comments is an application submitted by Jeff Costley on behalf of his client, Derek Watchorn request- ing stream margin review to construct a duplex located at 1018 E. Hopkins Avenue. Please review this material and return your comments to this office by the end of the week. Thank you. C JAMES J. COSTLEY P.O. BOX 884 ASPEN, COLORADO 81612 TELEPHONE (303)925 -2082 May 29, 1987 Mr. Glenn Horn, Planner Aspen Planning & Zoning Office 130 S. Galena Street Aspen, CO 81611 Dear Glenn, The purpose of this letter is to address each of the review criteria as required by the Stream Margin and Flood Hazard section of the Aspen Municipal Zoning Code. Additionally this letter is accompanied by a formal application for Stream Margin Review together with a check, and both a survey and site plan in triplicate. Per Section 24 -6.3 Item E of the Code the following information is pertinent: 1. The proposed development does not lie within a special flood hazard area. 2. No trail designation per an approved trail plan lays within the proposed development site. 3. The proposed development site is not bordered by any river frontage and therefore does not lay within the Roaring Fork Greenway Plan. 4. The proposed development site has no river frontage and subsequently no river bank. 5. No pollution or interference with the natural changes of the river will occur as the property does not adjoin the river. 6. No alteration or relocation of the water course will occur as the property does not adjoin the river. 7. Not applicable to this application. 8. Not applicable to this application as no work will be commenced within the One Hundred Year Floodplain. I believe the above information will assist you in answering any questions you may have regarding this application. However, should you need any additional information please contact me at 925 -2082. Thank you. in y, J.m -_ J. Costle, JJC /b PRE -APPL lTION CONFERENCE SUMMARY PROJECT: TORPEN DUPLEX AI;PLICANT'S REPRESENTATIVE: ' JEFF COSTLEY REPRESENTATIVE'S PHONE: 925 -2082 OWNERS NAME: DEREK WATCHO_RN SUMMARY 1. Type of Application: Stream Margin Review 2. Describe action /type of develonment being requested: Stream Margin to build duplex 3. Areas in which Applicant has been requested td respond, types of reports requested: Policy Area/ Referral Agent Comments City Engineer - 4. Review is: (P &Z Onl ) (CC /BOCC Only) (P &Z then to CC /BOCC) 5. Public Hearing: (YES) (N(?) 6. Did you tell ap• 'cant to submit list of ADJA PROPERTY OWNERS? (YES) (NO) Disclosure of Ownership: GIP :(NO) 7. What fee was applicant requested to submit: $135.00 for Planning • $au M U for Engineer 8. Anticipated date of submission: May 29, 1987 9. COMMENTS /UNIQUE CONCERNS: Very simple consent Agenda Item 3 cosies of P an • • h The printed portions of this farm approved by the ' Celords Red E Commission (SC 26-2-81) I IRIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. VACANTLAND i I CONTRACT TO BUY AND SELL REAL ESTATE I (Seller's remedy limited to Liquidated Damages) ii March 28th 09 87 ii 1. The undersigned agent here acknowledges having received from Watchorn • the sum of ale 000.00 ,In the form of Personal I Check_ , to be held by Austin & Jordan , ' broker, In broker's escrow or trustee account, as earnest money and part payment for the following described real estate In the II City of Aspen countyaf P]Y1cin , Colorado, to wit: , PARCEL As LOT 13 and LOT 14, aaeept that part described in Book 281 at Page 351, 'LOCK 1, RIYER81D6 ADDITION TO TA CITY AND TOIISITI 01 , II PARCEL It EAST 12 TUT Of LOT 0 AND ALL OP LOTS 1, BLOCK 25, EAST ASPEN ADDITION TO THE CITY AND TONNSITt OF ASPEN, PARCEL C: A 71VCT CF IAtD SIRNIID IN 711/L75 1 AND N AS SEMI TN A PUT TIM AS CONlf17I I011FNI 12585 PfiXIN 07IOY MEMOS, 1ERC PAR CF TM AMIE V. 111E, 0.8.11.5. • C f S 5710 21 AS fa2NNSt 'egim ing at Comer lb. 3 Riverside Plater SAILS. . I I Ib. 3905 AN (1954 Bras Cap in Place), theme 889' 46' E 23.80 R. therm 11 75'09' N 26.66 R m 8 ., the 00'14' N 6.73 PT., to tlm emit of Maiming. • • together with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary wear and tear excepted, and hereinafter called the Property. I 2. Subject to the provisions of paragraph 17, the undersigned person(s) Max D. Ste inkopf or Assigns I I (aejoint tenantaltenante in common), hereinafter called II Purchaser, hereby agrees to buy the Property, and the undersigned owner(,), hereinafter called Seller, hereby agrees to sell the Property upon the 11 terms and conditions stated herein. II 3. The purchase price shall be 0.S.S 170.000.00 , payable as follows: $ 15, 000.0 hereby receipted for; The balance of the purchase price in the amount of $155,000.00 j plus customary closing costs shall be paid in certified funds on • or before June 1 , 1987 and placed in escrow with Pitkin County Title, Inc. until the contingency provided for in Paragraph 19 F hereof is either met or waived, three (3) days after which closing 11 • shall occur, but in no event after June 29, 1987. II I ,, i 1 II 1. Price to include: vacant land . II 11 11 and the followingwater rights: none II 6. If a new loin is to be obtained by Purchaser front a third party, agrees rees to promptly and diligently (a)apply for such loan, (b) execute all I documents and furnish ell information and documents t p Y mente required by the lender, and (e) D,Y the euetomsry cosa Y l ta of obtsinlne such loan. Then If such loan in not approved on or before • none , 19_, or If so spproved but is not available at time of closing, this contract shall be null and I ' void and ail payments and things of value received hereunder shall be returned to Purchaser. • 6:, If a note and trust deed or mortgage is to be assumed, Purchaser agrees to apply fors loan assumption if required and agrees to pay (1) a loan transfer fee not to exceed $ none and (2)an interest rate not to exceed none % per annum. If the losn to be assumed has provisions for a shared equity or variable interest rates or variable payments, this contract is conditioned upon Purchaser reviewing and consenting to such provisions. If the lender's consent to a loan assumption is required, this contract is conditioned upon obtaining such consent without change in the terms and conditions of such loan except as herein provided. 7. If a note Is to be made payable to Seller as partial or full payment of the purchase price. this contract shall not be assignable by Purchaser without written consent of Seller. • B. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by purchaser he riot ge�) i. of Ib t ■ 1 by I, I I /Ko oSpt� iiKyytitthl eilliJS.$40thi't/fi /dnidAttir Acurrent commitment for title insurance policy in an amount equal to the purchase ! ' I r $ - f j l 1 1,f� ! r �9h alto Purch eeronorbefore April 8 , 18YL.I /sII Val �t )Ffri 1 t , i"r yli t .'3e rer;v I delilbfthe tltle insurance polity to Purchaser after closing and pay the premium there . ID. The date of closing shall be the date for delivery of deed a. provided in p h 11. The hour and place of closing shall be as designated I by_ ' •- 1. ,. , ta �-•. 11. Title shall be merchantable in Seller, except as stated In this paragraph and In paragraphs 12 and 13. Subject to payment or tender as above provided and compliance by Purchaser Lvlth iNe- other terms and provisions hereof,• Seller shall execute and deliver a good and sufficient general See Para 3 . above g warranty deed tre�pteMUr on .1B ,or, by mutual agreement, at an earlier date, 'I conveying the Property free and clear of all taxes, except the general taxes for the year of closing, and except none free and clear of all liens for special improvements installed a of the date of Purchaser's signature hereon, whether d or not; free and clear of all Iien bysoeeexcernppneoa i',-e =1 - 1 C 1T.'( ,knr, in lo r L H o o r. or 1.- unt exr the following Fate }fi$live covenants which do not contain • right of reverter: those shown in Lawyers Title u i n s a ss a orpveporatioz Commitment for title insurance dated 3/26/87 1 No. SC- 26 /S -2 -81. Contrail to Buy and 9e11 Red E t.te (Vacant Land) -_ - ( I , t j 'AI.. d I Li:. r'' .2I Or • ) ..,. I , :, . 1. Bradford Publishing Co., 6826 W. glh Ave.. Lakewood, Colorado 802 LI — (303)233 - 6900 -10-81 • hat -Ay 1.11 3 • • ' 1 11 Ir w Ito n;l; vc:) Ft a lt:y, I nc . • • • • • tan A.e, tt.y and except the following specific recorded and/or apparent easements: those shown in.' L awyers, Title - Insurance Corporation Commitment for title inset n ce'dated 3/26/87 in Case No. PCT - 374 -87, which do not render title unmarketable. and subject to building and zoning regulations. 12. Except ae stated in paragraphs 11 and 13, if title is not merchantable and written notice of defect(s) is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable effort to correct said defeats) prior to date of closing. If Seller is unable to correct said defect(.) on or before date of closing, at Seller's option and upon written gotice,{t,�qq Purchaser or Purchaser's agent on or before date of closing, the date of closing shall be extended thirty days for the purpose of correcting said defect(s). Except as stated in paragraph 13, if title is not rendered merchantable as provided in this paagraph 12, at Purchaser's option, this contract shell be.YOid and ofyrlq 9ffeet ;ad sleek ys Wets shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. IIi 13. Any encumbrance required to be paid may be paid at the time of settlement from the proccedtof thilj tiyyn oqq frem'SSnylnbhIr4nsw rata Provided, however. at the option of either party, if the total indebtedness secured by Ilene on the PeOfrtk efeeedetJle,.urc4Ssx price)thfe'cbntratt shall be void and of no affect and each party hereto shall be released from all obligations hereundpresnd all paymehti and things of value received hereunder shell be returned to Purchaser. It General taxes for the year of closing, bayed on the molt recent levy and the most recent uanment;prepaid rents, water swwwr rents, FHA mortgage insurance premiums nd interest on encumbrances, if any, and none * * _ shall be app ortioned to date of delivery of deed. IF Poaession of the Property shall be d e l i v e r e d Purebaer on Delivery o* Deed • • * *Taxes shall be reprorated subject to the following leases or tenancies: None based upon actual taxes assessed • It In the event the Property is substantially damaged by fire, flood or other casualty between the date of this contract and the date of delivery of deed, Purchaser may elect to terminate this contract; in which cue all payments and things of value .received hereunder shall be returned to Purchaser. 17. Time is of the essence hereof. If any note or check received as *lamest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or If any other obligation hereunder Is not performed as herein provided, there shall be the following remedies: la) IF PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided In subparagraph (e)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. (bI IF SELLER IS IN DEFAULT, (p Purchaser may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect and Purchaer shall have the right to an action for specific performance or damages, or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expense, including attorneys' fees. 18. Purchaser and Seller agree that, in the event of any controversy regarding the earnest money held by broker, unless mutual written instruction is received by broker, broker shall not be required to take any action but may await any proceeding, or at broker's option and discretion, may inlerplead any moneys or things of value into court and may recover court costs and reasonable attorneys' fees. 19. Additional provisions Those matters shown on Exhibit 11 A" attached hereto and incorporated herein by reference. • • • • • • • • 20. - Il , f this proposal is accepted by Seller In writing and Purchaser receives noticeo acceptance on or before April 3, 19_8.1 this instrument shall become • contract between Seller and Purchaser and shall Inure to the benefit of the heirs. successors and assigns of such parties, except a stated in paragraph 7. 16 • — o■ B'i arc ovde sven Realty, Inc. Al,. •e ' /S 7 Realty • Broker / ; Lat.. Purchaserr Dee ek atch / � / Date 7 J: e'3'. CCo ` /J�11�„� Za LI v-- / b By: .L- l/ (/ 0`�'4- Q.✓t'( l// 'urcp'ser ax D. Stet oaf D e Greg Sh / erwin Purchaser's Address (The following seglfoats becompleted by Seller an • L atfni(gen ` 21. Seller accepts the above proposal this ,- day of - /- ii , • d agrees to pay • commission of 6 _% of the purchase price for services In this tanacll. and agre at, i. th y t Si r e tyr o • menta and thing. of value received hereunder, such payments and things f value sh• 1 be divided between g b i ells � ltaV 14 �f to said broker, but not to exee`d6 eommiuion, • the balm to 8 ter i U / / /CC • Seller Sailer Seller's Address Listing Broker's Name and Address Sa EXHIBIT "A" A. Bayard Hovdesven Realty, Inc. advises all parties hereto to seek legal counsel for all aspects of this legal contract. B. Purchaser agrees to pay a City of Aspen requ r 1/2 of 1% real estate transfer tax on the purchase price property. C. Purchaser hereby acknowledges prior, timely receipt of notice that Bayard Hovdesven Realty, Inc. and its agents are agents of the seller and are not representing as purchaser's agent in this transaction. D. The $15,000.00 earnest deposit shall be placed in an interest - bearing account for the benefit of purchaser. E. Notwithstanding anything herein contained to the contrary, this contract is contingent upon satisfaction in purchaser's sole discretion or waiver of the following matters on or before April 23, 1987: (i) that a condominiumized duplex of not less than 4,000 square feet with both units being free - market units may be built as a matter of right without necessity of G.M.P. approval; (ii) that the property is a legally subdivided parcel of land; (iii) that there are no protective covenants or other matters of record or any regulations which would prevent construction of a condominiumized duplex containing two free - market units. If any such contingencies are not resolved to purchaser's satisfaction on or before April 23, 1987 in purchaser's sole discretion, purchaser may elect to void this contract in which event all earnest monies shall be returned to purchaser forthwith and all parties will be released from further obligation hereunder. Purchaser's election to void this contract pursuant to this subparagraPh must be given to seller in writing on or before April 23, 1987. F. From and after the date the balance of the purchase price is placed in escrow pursuant to Paragraph 3 above until date of closing, as extended, if extended, all contingencies for the benefit of purchaser shall be irrevocably waived except that of obtaining a building permit. I£ purchaser, after diligently using purchaser's best efforts has not obtained a building permit 'on' or before June 29, 1987, purchaser shall be entitled in purchaser's sole discretion to void this contract. Purchaser's election to void this contract pursuant to this subparagraPh F must be given to seller in writing on or before June 29, 1987.