Loading...
HomeMy WebLinkAboutcoa.lu.sm.W.H.O.P.51-80 � _ No. 67-11 CASELOAD SUMMARY SHEET City of Aspen 1 1. DATE SUBMITTED: lo(i4 ) STAFF: jObitUal4fil 2. APPLICANT: W.N.b.9 - IJonl •1I R(dr.*M & y Oskks, Ru lhich 3. REPRESENTATIVE: hastAtierkr 19ac 10%5 g2S-orpc 4. PROJECT NAME: WWOP Strtn& MOv tt. Peutcal 5. LOCATION: 6. TYPE OF APPLICATION: Rezoning Subdivision Stream Margin P.U.D. Exception 8040 Greenline Special Review Exemption View Plane Growth Management 70:30 Conditional Use HPC Residential Bonus Other 7. REFERRALS: [.Attorney Sanitation District School District x Engineering Dept. Fire Marshal Rocky Mtn. Nat. Gas _Housing Parks _State Highway Dept. _Water Holy Cross Electric Other City Electric Mountain Bell 8. REVIEW REQUIREMENTS: T4Z 10►I1 f 1 9. DISPOSITION: • P & z 11/4/8o Approved V Denied Date /Rib° Airro ✓Pri C1) rte + 4 doL nco tom, /II, Q. PPE, B 7Y7Yw P an r n / t bthjo r l l 17� cc /! Council Approved Denied Date 10. ROUTING: Attorney X Building X Engineering Other SUmh -y • Yet; RECORD OF PROCEEDINGS 100 Leaves Chairman Lavagn_ino said that was a motion to add those comments to the minutes and now the minutes should • be approved in their entirety. Whitaker made a • motion to approve the total minutes of July 10, 1980. Charles Patterson seconded the motion. All in favor; motion carried. • Josephine Mann said the Board would now need to approve the minutes of September 25, 1980. Patterson made a motion to approve those minutes, Mann seconded the motion. All in favor, motion carried. • At this point the Board had to wait for the applicant and the Acting City Attorney to come to the meeting. They would need some legal advice on the application of W.H.O.P. Ventures. W.H.O.P. Ventures Whitaker believed the applicant should come before the Board of Adjustment with a decision from the Stream Margin Review Board. Patterson said the applicant should also have the proposed plans., - At this point, Lou Buettner, from the City Engineering Department, brought down a plat of the land in question which showed the true flood plane line, which had been misrepresented before. Sunny Vann, representative of the Planning Department, said the problem now is issuing a blanket variance with no building plans. Whitaker said he understood the Acting City Attorney to say that the Board's procedure would be to require Stream Margin Review and proposed plans, prior to consideration. Vann said he can't be granted Stream Margin Review because he has not been properly annexed into the city. The plat had not yet been recorded as everyone had thought. Buettner said the difficulties in the annexation are basically in the plat and it is being corrected right now. He thought the aggreement had been signed. Chairman Lavagnino thought the Board could go ahead with the application, attaching the condition that the property must first be annexed into the city. Whitaker disagreed and thought the property should he officially annexed before the application is processed by the Board of Adjustment. Acting City Attorney Bob Gruetter came in and Chairman Lavagnino told him the application is asking for a setback variance because where the old flood plain line was and where the setback requirements come to doesn't allow the applicant to build a substantial structure. It would have to be too narrow. Now there is a new flood plane line and, since the Board has discovered that the applicant is not officially in the city, the Board is wondering if they should hear the case. • RECORD OF PROCEEDINGS 100 Leaves FOPP ;0 C. F. P, fl 1, .O. Gruetter asked if that came up at the last meeting and Chairman Lavagnino said everyone had assumed that the annexation had taken place. Gruetter said the annex- ation agreement is sitting on Mayor Edel's desk and until that and the plat have been recorded, the annex- ation is not official. He also said that he thought the purpose of the meeting today was to look at the proposed building plans. Rick Head, representative of W.I-I.O.P. Ventures, said he had the proposed plans with the new flood plane line and the new setback lines. Gruetter stated that anything done today would not be binding since the property is not in the city yet. He thought it would be okay for the Board to hear the case and approve upon the condition that the property is legally annexed into the city. The only thing is, if the application was denied, he could easily appeal the decision, arguing that the Board did not have the right to act on the case since the property is not legally in the city yet. Mann said she thought the Board should look at the plans and then decide if they wanted to act on the application. Chairman Lavagnino asked the rest of the Board how they should review the case. Should they look at all of the facts and not come to any conclusions? Patterson thought they could approve it subject to the annexation going through. Gruetter thought the Board should, although they could hear what they want today, act after the annexation is completed. Patterson thought the members could hear the case, get the minutes of the proceedings, and vote on it after the annexation goes through. Chairman Lavagnino did not think this would be appropriate because the record of proceedings would not be legal since it would just be a discussion. Since W.H.O.P. Ventures would have to come back anyway, Chairman Lavagnino thought the Board should table the entire procedure until then. Gruetter agreed. Whitaker made a motion that the applicant is not legally in the city and therefore the Board of Adjust- ment should not hear the case. Patterson seconded the motion. All in favor; motion carried. The meeting was adjourned at 4:45 PM. Robin R. Berry, Secreccary • NOTICE OF PUBLIC IHEARING Case No. 80 -15 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the Council Room, City Hall, Aspen, Colo- rado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting E authority for variance from the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state. yoirviews by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions { of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. The particulars of the hearing and of the requested variance are as follows: Date and Time of Meeting: • Date: February 12, 1981 Time: 4 :00 PM Name and address of Applicant for Variance: Name: Marcia Gray Address: 701 North 3rd Street Location or description of property: Location: South z Block of Lot 7 and all of Block 8, Hallam Addition Description: 701 North 3rd Street Variance Requested: Application is made for building permit to build a deck on the roof of an existing family dwelling. The proposed deck will extend into the side yard a distance of .75 feet. The required side yard is 5.0 feet. The proposed stairs to the deck j Will extend into the rear yard a distance of 9.5 feet. The required rear yard is Duration of Variance: (Please cross out one) 15.0 feet. Sec. 24 - 3.4 Area and Bulk requirements Min. side yard and Min. rear yard R - 6 Zoning District. T6E.O r6rl Permanent THE CITY OF ASPEN BOARD OF ADJUSTMENT BY Remo T„ Chairman &at 4.ti. 4y �J . a U 6 Aspen /Pitkin Planning Office 130 south galena street aspen, colorado . 81611 November 7, 1980 Fred Alderfer Alderfer Construction Box 10880 Aspen, Colorado 81612 Dear Mr. Alderfer: The Aspen Planning and Zoning Commission considered your application for Stream Margin Review approval at its regular meeting on November 4, 1980. The application for construction of a single - family residence on the lot which you own on Castle Creek /Sneaky Lane was approved in terms of impact on Castle Creek with the following conditions: 1. The owner /applicant shall not locate any structure or potential impediment to natural flooding below the 7840 -foot elevation line. The site plan examined by the P &Z shall be adhered to. 2. The owner /applicant shall engage in a minimal amount of excavation, as needed to dig trenches for the footers and stem walls. Any excess dirt shall be hauled away. 3. Vegetation shall not be removed nor any slope grade changes made nor debris deposited that may produce erosion of the stream bank or increase stream pollution. 4. The owner /applicant shall be permitted to make no changes to the stream channel or its capacity, and no activity shall be allowed which will increase stream sedimentation and suspension loads. The Planning Office has contacted the Building Department of this decision, so review of your building permit can proceed. If you have any questions, feel free to contact me at 925 -2020, ext. 298. Sincerely, Jolene Vrchota Assistant Planner MEMORANDUM T0: Aspen Planning and Zoning Commission FROM: Jolene Vrchota, Planning Office RE: W.H.O.P. Annexation Stream Margin Review DATE: October 27, 1980 Location: Section 12, T105, R85W, 6thPM Between Sneaky Lane and Castle Creek Zoning: R -15A Background: This parcel of land was annexed and simultaneously zoned to R -15A under requirements of the Aspen Municipal Code and Colorado annexation regulations. (See attached agreement dated October 9, 1980.) Although zoning to R -15A resulted in a nonconforming lot, it had previously been nonconforming under County R -15 zoning. R -15A was determined to be the most appropriate considering existing and surrounding zoning. As a nonconforming lot (and as documented in the Agreement) development is limited to a single - family residence, not to exceed 2,400 square feet external floor area, and accessory buildings. Current Appli- Applicant requests Stream Margin Review approval for a single - cation: family residence proposed to be constructed within 100 feet of the 100 -year floodplain of Castle Creek. (See Section 24 -6.3 of the Aspen Municipal Code.) Engineering During the annexation process, Lou Buettner (in a memo dated Comments: October 9, 1979) noted that the floodplain line shown by Harold Johnson is conservative "and the true limits are closer to Castle Creek at an elevation of 7840." The proposed structure is located above the 7840 -foot eleva- tion line. Therefore, the Engineering Department (in a memo from Jay Hammond to Jolene Vrchota dated October 29, 1980) "recommends approval provided the applicant conforms to the construction procedures outlined in Alderfer Construction's letter dated October 15, 1980." Planning Office The Stream Margin Review is intended "to guide development Comments: and encourage appropriate use of land in proximity to desig- nated natural water courses, to promote safety from flooding, to prevent impediment of natural water flow, and to insure provisions for adequate protection and preservation of the designated water courses as important natural features." The Planning Office concurs with the Engineering Department recommendation for approval with the following conditions necessary to assure protection and preservation: 1. The owner /applicant shall not locate any structure or potential impediment to natural flooding below the 7840 - foot elevation line. The site plan examined by the P & Z shall be adhered to. 2. The owner /applicant shall engage in a minimal amount of excavation, as needed to dig trenches for the footers and stem walls. Any excess dirt shall be hauled away, 3. Vegetation shall not be removed nor any slope grade changes made nor debris deposited that may produce erosion of the stream bank or increase stream pollu- tion. 4. The owner /applicant shall be permitted to make no changes to the stream channel or its capacity, and no activity shall be allowed which will increase stream sedimentation and suspension loads. II/41b0 &Zvpro'e w 'i-t` above -4 cot -ei' +'cC C cedeedee C'onattuetion BOX 10880 ASPEN. COLORADO 81611 (303) 925-6475 10/15/£30 TO: Sunny Vann Planning and Zoning Office City ty o _spen ..spen, olor:ado 81612 RE; : ips11C.:ticn for Stream Uargih Review 2p;11cati0n is being made for a Stream Margin a eview for a parcel of land known as the '1, _.0.'r. :annexation, Section 12 T.105 I.55 +, of the 6th PM. The plan is to construct a Single Family resid -nce on :he property within t ±e 2400 Square Foot limitation agreed upon betvJe r the City of Aspen and 4.11.0.r. Snterprizes. The following is a description of the proceb dare to be followed during constr ction: 1.) To engage in a s ihival asbant of excavation , dust enough to dig trenches for jtf e 20otors and stem walls. any excess dirt will be hauled away. Thy ie .cures necesHary to insure thh t all construction proceedures will not deposit any debri or in any way - produce eroision of the stye.;; bank, will be taken. 2.) All trees and fond.. next to the stream dill be left uhd etur Lea. Additional tro :s : :ill be '7.-ant. d 1:ex_t to 'ne ._ tl eali. 3.) To erect a Passive ealnr House with a slab on grade, sup : rted by a 42 ", concrete block stem wall below grade. The house will be of 2x5 construction with _. 12/12 pitch roof. A Site flan is enclosed with a Foot Print. the residence is located within the city setbacks and the Flood. Plane. Thank Joh fot the opportunity to suLirlt this application for a Stream :'<:r Review. nespe tfully sa_b pitted, » 4U /dal �C. > ederick . -lde tei , AGREEMENT , 1 THIS AGREEMENT made and entered into this lL day of i ieti`h e lLi _ , 1980, by and.between the City of Aspen, Colorado a municipal corporation of the State of Colorado, located in Pitkin County, Colorado, hereinafter called "Aspen ", and W.H.O.P. Enterprises, a partnership organized under the laws of the State of Colorado, hereinafter called "W.H.O.P. ". ' W I T N E S S E T H: WIIEREAS, W.H.O.P. is the owner of certain unincorporated lands situated in Pitkin County, State of Colorado, described in Exhibit "A ", which is attached hereto and by reference made a part hereof; and WHEREAS, W.H.O.P. desires that said property be annexed to Aspen and concurrently with said annexation desires that Aspen initiate zoning of said land to R -15A (Residential); and ' WHEREAS, Aspen does agree to annex said property and so zone subject to certain conditions NOW, THEREFORE, in consideration of the premises and promises contained herein it is mutually agreed by and between the parties hereto as follows: 1. W.H.O.P. shall petition Aspen, in accordance with State Statutes, for the annexation of the property described in Exhibit "A ". W.H.O.P. shall also petition Aspen to initiate zoning con- currently with said annexation. The zoning requested shall be R -15A (Residential). Aspen agrees, subject to the provisions of applicable law, to annex the property described in Exhibit "A" and to zone the pro- perty therein in accordance with this agreement. If Aspen is unable to accomplish said annexation or said zon- ing as requested by W.H.O.P., Aspen shall dismiss the aforesaid petition for annexation and zoning, and in such event, this agree- ' ment shall be null and void. • 2. The annexed property shall be restricted to six (6) month minimum leases with no more than two (2) shorter tenancies in any calendar year. 3. W.H.O.P. agrees to enter an improvement district in the event one is formed for construction of street improvements including curbs, gutters and sidewalks. 4. In the event that the City of Aspen desires to acquire the right, title and interest of W.H.O.P. in the water right to a well, described in Exhibit "A ", together with all of the right, title and interest of W.H.O.P. in the well structure, well easing and appurtenant facilities to said well including all easements and rights -of -way necessary to the utilization, operation, main- tenance and improvements of said well and facilities, W.H.O.P. shall, at its own expense, make said conveyance to Aspen within thirty (30) days from the date of notice of the City of Aspen's decision to acquire property by special warranty deed free and clear of all liens and encumbrances. 5. If the City of Aspen provides municipal water service then W.H.O.P. agrees to pay all applicable tap fees and other expenses required by Aspen at the time water service is extended. 6. W.H.O.P. agrees that the development plan for the pro- perty will provide for no greater development than the construc- tion of one single - family structure, not to exceed two thousand four hundred (2,400) square feet (external floor area), and acces- sory buildings. W.H.O.P. further agrees that Aspen may withhold 2 r • or refuse to issue a building permit for the construction of ahy structure which is not in accordance with this agreement. 7. This agreement, when executed after final reading by the • City Council of the annexation and zoning ordinances, shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns, and shall be a covenant running with the property described in Exhibit "A ". IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate as of the date first herein written. • W.H.O.P. ENTERPRISES By \ '5/ A Ha r ri h i , tar ner Frederick F. Head, Partner By _ �2./ /Z A Jogdie Gerberg,/Partner f By ! / Bernard Pracko, •artner CITY OF ASPEN AOO By I�� Herm- Edel' Mayor ATTEST; Kathryn S.JKocl City Clerk 3 APPROVED AS TO FORM: • f.. Robert E. Edmondson City Attorney STATE OF COLORADO ) ss County of Piktin ) -- The fore oing instrument was acknowledged before me this -Mt € day of , 1980, by Harry Wright, Frederick F. Head, and Bernard Pracko as partners of W.H.O.P. Enterprises. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: \_ - - fl("7cei/-7? y7 J � —_- e l . atere? Notary Public STATE OF COLORADO ) ss. . County of Pitkin ) The f 9egoing instrument was acknowledyed before me this ,(J day of L tC- (lq) , 1980, by Herman Edel as Mayor and Kathryn S. Koch as City Clerk of the City of Aspen, Colorado. WITNESS MY HAND AND QFFICIAL SEAL. My commission expires: k g /94 :e A lleatt.i.t/e . ti4e, -0„) Notary jublic STATE OF CALIFORNIA ) COUNTY OF ORANGE ) The forgoing instrument was acknowledged before me this 5th day of September , 1980, by Jordie Gerberg, partner of W.H.O.P. Enterprises. WITNESS MY HAND AND OFFICIAL EAL. My commission expires: (1{ :T7 /f�' YIHW HII.H.IIHHY.II.H. tlIH.YY 1 My1 OFFICIAL SEAL � •'� • _ tl' CHRISTINE L. HEIN Notary Public �� NOTARY Ptak: • CALIFORNIA 4 J A � pNtNC.IPAL OFFICE IN • LOS ANGELES COUNTY My Commission Expires Oct. 5. MO ..u..,H..HH.tl1 geordei w r Pi-k_.; (.4.7zv w C-1eve, Pecorde-v gr)-t, Ochb@ I71 I`l8o EXHII3IT A An enclave annexation of that parcel of land described as a parcel of land being part of the Northeast 1/4 of the Southwest 1/4 of Section 12, Township 10 South, Range 85 West of the 6th Principal Meridian. Said parcel is more fully described as follows; Beginning at a point on Line 3 -4 of the North Texas Millsite U.S.M.S. No. 3288 whence Corner No. 3 of said North Texas Millsite bears N 15 °30' E 84.48 feet; _ thence S 15 °30' W 65.52 feet along Line 3 -4 of said North Texas Millsite; thence N 74 °30' W 95.00 feet to the centerline of Castle Creek; thence Northeasterly along said centerline N 20 °37'19" E 88.56 feet to point being N 59 °54' W of the point of beginning; thence S 59 °54'E 90.00 feet to a point on Line 3 -4 of said North Texas Millsite, the point of beginning. • Recorded at o'clock— M., .. Reception No. _.. Recorder. THIS DEED, Made this M;,, day of October ,1980, FILING STAMP between W:H.O.P. ENTERPRISES, a Colorado partnership, of the County of Pitkin and State of Colorado, of the first part, and FREDERICK ALDERFER AND JOHNNIE MAE ALDERFER whose legal address is P.O. Box 10880, Aspen, Colorado 81612 of the County of Pitkin and State of Colorado, of the second part: WITNESSETH, that the said party of the first part, for and in consideration of the sum of TEN AND N0 /100 DOLLARS ($10.00) and other good and valuable consideration - DOL - L ARS and other good and valuable considerations to the said party of the first part in hand paid by the said parties of the 1 second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of second rt te h lrs and real p rly assigns forever, not in tenancy in common but in joint tenancy, all the following described hrt -or parcel- of lamd situate, lying and being in the County of Pitkin and State of Colorado, to wit: A parcel of land being part of the Northeast 1/4 of the Southwest 1/4 of Section 12, Township 10 South, Range 85 West of the 6th Principal Meridian. Said Parcel is more fully described as follows: Beginning at 4 point on Line 3 -4 of the North Texas Millsite U.S.M.S. No. 3288 whence Corner No. 3 of said North Texas Millsite bears N. 15 ° 30' E. 84.48 feet; thence S. 15 ° 30' W. 65.52 feet along Line 3 -4 of said North Texas Millsite; * (See reverse) also -kn ewm asatreet and-]ram ber TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper- taining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has I good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever,; EXCEPT general taxes for 1980, payable in 1981; and SUBJECT to reservations and exceptions contained in United States Patent recorded in Book 55 at Page 35; right of way as reserved in instrument recorded in Book 156 at Page 84; right of way as granted in instrument recorded in Book 170 at Page 13; easement as granted in instrument recorded in Book 204 at Page 255; easement as set forth in instrument recorded in Book 312 at Page 270; and terms, provisions, conditions, stipulations and limitations of Agreement '(See and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the reverse survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the said party of the first part has hereunto set his hand and seal the day and year first abovewritten. W.H.O.P. ENTERPRISES, a partnerH Signed, Sealed and Delivered in the Presence of G �;' ; 2` SE 7 c / B AL] ' w a _ By AI�1 --- [SEAL] V i ' • / (SEAL) • • STATE OF COLORADO l FREDE•IC F. HEAI County of Pitkin J rr�� The foregoing instrumentwas acknowledged before me this /1/ day of October ,1980, by BERNARD PRACKO JORDIE GERCERG' HARRY WRIGHT AND FREDERICK F. HEAD, Partners, of W.H.O.P. ENTERPRISES, a Colorado partnership. My Commission expires (V4, Per / ,19 9 . Witness my hand and official seal. *b9Sam&&nThict � jib (I N -aey )rt %L it bj lOL Heart, hip (hcrnel) in -Peet a . G� ,17" �' „f - Notary Public G1r'�jl No. 921A. WARRANTY DEED.—To Joint Tenants— Bradford Publishing Co.. 1824-46 Stout Street, Denver, Colorado (523.5011) —10-77 *(property description continued) thence N. 74 ° 30' W. 95.00 feet to the centerline of Castle Creek; thence Northeasterly along said centerline N. 20 ° 37'19" E. 88.56 feet to point being N. 59 ° 54' W. of the point of beginning; thence S. 59 ° 54' E. 90.00 feet to a point on Line 3 -4 of said North Texas Millsite, the point of beginning. COUNTY OF PITKIN STATE OF COLORADO * ** (See Below) **(Subjections continued) recorded in Book 371 at Page 977, all as contained in the records of Pitkin County, Colorado. * ** (Water Rights included with property description) Together with any and all water rights appurtenant therto, including an undivided one -half interest in and to the well and well rights which are•the subject of that certain Well and Water System Agreement dated July 3, 1979, subject to all of the terms, conditions and obligations therof. Said water rights are conveyed without any warrants of title whatsoever. 4 h 'O `o a ' v r —, m v t t 0. m 3 m v W F 1 E ' . A .> O ^J CG o a O F A g. 7 C ti u w . z 0 r r 0 a m a y F O `o v m W O o ', 0 - . W a 0 04 F U o .x y i Z 2 F i E4 m G o -0 Z E J C O Y j j . 1 • r 1 r 9, CITY OF ASPEN 130 south galena street aspen, colorado : 81611 MEMORANDUM TO: Sunny Vann, Planning Office FROM: Louis Buettner, Engineering Department DATE: October 9, 1980 RE W.H.O.P. Annexation and A Stream Margin Review After having reviewed the annexation plat and parcel map showing the stream flood plain for the above property, the Engineering Department recommends the following: 1. The Annexation nePl should westerly boundary as present 2. The legal description is not the same as the metes and bound calls shown on the plat. 3. There is no annexation name shown on the plat. To determine the flood plain in the area of the property, Plate 7 of the Castle Creek Map in the Corps of Engineers Flood Study of June 1973 was used. The Engineering Department's opinion is the flood limits shown by Harold Johnson are very conservative and the true limits are closer to Castle Creek at an elevation of 7840. The Engineering Department feels that a structure located above an elevation of 7840 would not be within the Flood Plain. • CITY 4 ; ,' : t PEN 130 so ` ':s treet aspen, •• ' c • °• 1611 ,yr MEMORANDUM T0: Jolene Vrchota, Planning Office FROM: Jay Hammond, Engineering Department DATE: October 29, 1980 RE: W.H.O.P. Stream Margin Review While it is still not clear to me how a new non- conforming lot was created by the W.H.O.P. annexation (the lot does not meet width, area, or area /d.u. requirements in the R15A Zone), I have no problems with the proposed construction in terms of stream margin considerations. The flood plain line as indicated is in agreement with the comments contained in Louis Buettner's memorandum of October 9, 1980, and the structure remains above it. The Engineering Department recommends approval provided the applicant conforms to the construction procedures outlined in Alderfer Construction's letter dated October 15, 1980. MEMORANDUM TO: Dan McArthur, City Engineer City Attorney FROM: Jolene Vrchota, Planning Office RE: W.H.O.P. Stream Margin Review DATE: October 15, 1980 The attached application requests stream margin review of the property known as the W.H.O.P. annexation located on Castle Creek. This item is scheduled for review by the Aspen Planning and Zoning Commission on November 4, 1980; therefore, may I please have any comments concerning this application no later than October 27, 1980? Thank you beaucoup.