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HomeMy WebLinkAboutcoa.lu.sm.Morrow 1120 Black Birch.112A-89 if CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 12/20/89 PARCEL ID AND CASE NO. DATE COMPLETE: 1%%r-fr 2735-013-07-011 112A-89 STAFF MEMBER: PROJECT NAME: Morrow Stream Margin Review Project Address: 1120 Black Birch, Aspen, CO Legal Address: Lot 12, Black Birch Estates APPLICANT: Darrel Morrow Applicant Address: 1001 Fannin St. , Suite 2601, Houston, TX 77002-6760 REPRESENTATIVE: Johannes Kastner Representative Address/Phone: 138 West 25th St. New York, NY 10001 PAID: YES NO AMOUNT: $780. NO. OF COPIES RECEIVED: 1 TYPE OF APPLICATION: 1 STEP: / 2 STEP: P&Z Meeting Date -!,• : PUBLIC HEARING: YES NO , VESTED RIGHTS: YES NO. CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: l City Attorney Mtn. Bell School District 1/ City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) JECity Electric Building Inspector nvir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: /oG/ !/4)Y INITIALS: 1//1S- FINAL ROUTING: DATE ROUTED:3 7 / C) INITIAL: City Atty City Engineer Zoning Env. Health Housing Other: 0641 FILE STATUS AND LOCATION: I MEMORANDUM TO: Planning and Zoning Commission FROM: Amy Margerum, Director of Planning Kim Johnson, Planner RE: Morrow Stream Margin Review DATE: January , 1990 APPLICANT'S REQUEST: Stream Margin Review approval for the addition of 2 , 000 square feet onto a single family residence within 100 feet of the high water line of Castle Creek. APPLICANT: Darrel Morrow, represented by Johannes Kastner LOCATION: Lot 12, Black Birch Estates (1120 Black Birch. ) The site is zoned R-15 (PUD) . SUMMARY: The applicant is proposing 2, 000 square feet of addition to an existing 2,489 square foot house. The site contains 13 , 337 usable square feet (15, 098 to T. ) V Ca. �. •i )zz, The bulk of the proposed addition will be two-story, located on the south side of the two-story home. A second floor is proposed to be added over a 1-story section of the existing structure. Small expansions include an entry to the garage and a breakfast nook. The existing wood deck will be replaced by a terrace. Relocation of an irrigation ditch will be required. Other landscaping and amenities include a jacuzzi, walkways and four footbridges, a driveway, and tree plantings. Access from the street will not be changed. The high water line is roughly 18 ' from the proposed 2-story addition. The terrace will be about 5 ' from the high water line. REFERRAL COMMENTS: A: ENGINEERING - B: ENVIRONMENTAL HEALTH - STAFF COMMENTS: Stream Margin Review is required when any development occurs within 100 ' of the high water line of the Roaring Fork or its tributaries, or within the 100 year floodplain where it extends beyond 100 ' of the Roaring Fork or its tributaries, or within a flood hazard area. Castle Creek is a tributary of the Roaring Fork. The applicant has addressed the Stream Margin Review standards, Section 7-504 C. : 410 111 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. RESPONSE: The proposed development will not increase the base flood elevation. See letter from Schmueser Gordon Meyer, dated 10/9/89. 2 . Any trail on the parcel designated on the Parks/Recreation/ Open Space/Trails Plan map is dedicated for public use. RESPONSE: There are no trails dedicated for public use. 3 . The recommendations of thr Roaring Fork Greenway Plan are implemented to the greatest t t practicable. RESPONSE: Recommendations for the Roaring Fork Greenway Pn do not apply. 4 . No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. RESPONSE: The new development will not cause any erosion or sedimentation of the stream bank: removal of vegetation or change of slope grade along the river will not occur. See letter from Schmueser Gordon Meyer, dated 10/9/1989 . - 5. To the greatest extent practicable, the proposed development reduces pollution and interference with the natural changes of the river, stream, or other tributary. RESPONSE: The new development will not affect the stream margin in any way in terms of pollution (6 )interference with the natural changes of the water. 6. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course. RESPONSE: A written notice to the C.W.C.B. is not required. 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. RESPONSE: For a guarantee to ensure the flood carrying capacity see the attached letters from Schmueser Gordon Meyer dated 10/9/89 and from the owner Darrell C. Morrow dated 12/12/89. Also, the architect conversed with Jay Hammond, engineer at Schmueser Gordon Meyer, about relocating the irrigation ditches. Mr. Hammond did not forsee any legal or technical problems. 8 . Copies are provided of all necessary federal and state permits 111 411 relating to work within the 100 year floodplain RESPONSE: Not applicable. RECOMMENDATION: Johannes Kastner4I0 Architects ‘-- '6r.r-`)\ v3-e-Arr---- 0&t.ss;k:"?5 \n-aVe._ tckk\vo Is c-.---(yvp 138 West 25th Street New York, N.Y.10001 212 924-3162 • Fax 255-1072 ASPENOPITKIN ENVIRONMENTAL HEALTH DEPARTMENT MEMORANDUM To: Kim Johnson Planning Office From: Carolyn Hardin e Environmental H alth Department Date: January 4, 1990 Re: Morrow Stream Margin Review Parcel ID # 2735-013-07-011 The Aspen/Pitkin Environmental Health Department has reviewed the above-mentioned land use submittal for the following concerns. The authority for this review is granted to this office by the Aspen/Pitkin Planning Office as stated in Chapter 24 of the Aspen Municipal Code. SEWAGE TREATMENT AND COLLECTION: The house that the applicant is proposing to remodel is currently served by public sewer provided by the Aspen Consolidated Sanitation District. This conforms with Section 1-2 . 3 of the Pitkin County Regulations On Individual Sewage Disposal Systems policy to "require the use of public sewer systems wherever and whenever feasible, and to limit the installation of individual sewage disposal systems only to areas that are not feasible for public sewers" . ADEQUATE PROVISIONS FOR WATER NEEDS: The house that the applicant is proposing to remodel is currently served with water provided by the Aspen Water Department distribution system. This conforms with Section 23-55 of the Aspen Municipal Code requiring such projects "which use water shall be connected to the municipal water utility system" . AIR QUALITY: In a review of the application, there was no comment made regarding the effect of this proposal on air quality issues. With that understanding the following is offered. The applicant shall comply with all applicable laws and regulations that pertain to air pollution. The applicant currently has two (2) woodburning fireplaces in the home that is to be remodeled. If the applicant alters these devices in any way, or seeks to add additional devices, he shall be required to 130 South Galena Street Aspen, Colorado 81611 303/920-5070 Morrow Stream Margin Review January 4 , 1990 Page 2 comply with the following ordinances of the Aspen Municipal Code: Ordinance 86-5 which describes the types and numbers of woodburning devices that can be installed; Ordinance 87-53 which describes "offset" variances; and Ordinance 88-20 which requires the registration of all gas and woodburning devices in a building. Other applicable air pollution laws include Regulations 1, 3 and 8 of the Colorado Air Quality Control Regulations and Ambient Air Quality Standards. These regulations address fugitive dust control plans, emission control permits, and demolition of buildings or parts thereof which may contain asbestos containing material . NOISE: No long term noise impacts are anticipated on the immediate neighborhood as a result of the approval of this project. However, it is predicted that short term noise impacts on the neighborhood will occur during the construction phase of this project. Should complaints be received by this office, Chapter 16 of the Aspen Municipal Code, titled Noise Abatement will be the document used in the investigation. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Not applicable CONTAMINATED SOILS: The applicant is advised to contact this office for comment should mine waste, waste rock or mine dumps be encountered during the excavation phase of the project. Disposal of such materials off-site is discouraged due to the possibility of excessive heavy metals being present in the soil. This is not a requirement, but simply a request based on past experience in dealing with mine waste and possible negative impacts to humans. Johannes Kastner Architects 2 U City of Aspen December 18, 1989 Planning Office 130 South Galena Aspen, CO 81611 Dear Ms.Le Mont,. This is the application package required for the Stream Margin Review following the Pre-application Conference on July 5,, 1989 concerning the Morrow House addition. If anything is missing or if you need further information for your review please contact.my office as soon as possible. Thank you very much in advance. Sincerely, O. vvV'� l 1„A'vv.'\/ Johannes Kastner 138 West 25th Street New York, N.Y 10001' 212 924-3162 Fax 255-1072 • • • w ' ID 1 . . IItND USE, APPLICATION 10134 1) Project Name . Morrow House in Aspen 2) Project Location Lot 12, Black Birch states adress: 1120 Black Birch, Aspen, CO 81612 (indicate street'address; lot & block rn.mrber, legal description where appwUpriate) ■ 3) present Zoning R - 15 (PUD). 4) lot Size 15 098 total 13 337 usable 5) Applicant's Name, Address & Phone # Mr.Darrel C.Morro w Suite 2601,First City Tower, 1001 Fannin Street, Houston,TX 77002-6760 ( 713) 651 2176 6) Representative's Name, Address & Phone # M r.Johannes Kastner Johannes Kastner Architects, l38 West 25th Street,New York,N.Y. 10001 ( 212) 924 3162 7) Type of Application (please check all that apply) : ' • Conditional Use • dal•SPA ConcephLal IIi_storic Dcv. Special Review . " Final.SPA Final Historic Dcv. .8040 Cree Hine • Conceptual MD Minor Historic Derv. X Stream Margin • Final MD. : I-Listoric Demolition Maintain•View Plane .Subdivision historic Designation Cpndcanjniumi nation .• Text/Map.Amerxlnent CMS Allotment lot Split/lot Line • • . ' ( S A :. • •on Add ustutr-nt 8) D cTipti an . of . w ' ' • • Uses ; (number and type of existing stzvctures; approximate sq. ft.; number of bedrooms; any previous approvals granted to the • proPertY) - One two story wood frame house, 2489 sf. , three, bedromms, one wood deck facing Castle Creek, one drive way for parking. • 9) Description of Development Application • One two story wood frame addition on the South side of the existing house, a seconf floor above the existing one story part, removal of the PxiSt•ing wnnrl aPnk, ra1nnat•inn of irrigation ditch ant landscaping: driveway, :terrace, • garden, small foot bridges in wood 10) Have you attached the following? . Ye a Response to Attadmnent 2; Minn um Suttni ssicn Contents yes Response to Attac rent.3, Specific Suhaissicel Contents yes Rise to Attadin nt 4,• Review Standards for Your Application • • Johannes Kastner Architects • City of Aspen December 18, 1989 Planning Office Re'. Morrow House; Addition Stream Margin Review Explanation of compliance with the substantive development review standards - response to Attachment 4: 1. The proposed development will not increase the base flood ,elevation.: See letter from Schmueser Gordon Meyer,, dated 10.9.1989. 2. There. are no trails dedicated for public use. 3. Recommendations for the Roaring Fork Greenway Plan do not apply. 4. The new development will not cause any erosion or sedimentation of the stream bank: removal of vegetation or change of slope grade along the river will not occur. See lettet from Schmueser Gordon Meyer, dated 10.9.1989. 5. The new development will not affect the stream margin in any way in terms of pollution or interference with the natural changes of the water. 6. A written notice to the Colorado Water Conservation Board is not required. 7 . For a guarantee to ensure the flood carrying capacity please see the attached letters from Schmueser Gordon Meyer, Dated 10.9. 1989 and from the owner Mr.Darrell C. Morrow, Dated 12.12.1989. The architect had a long telephone conversation on October 4, 1989 with Mr.Jay Hammond, engineer at Schmueser Gordon Meyer, about the issue of relocating the existing irrigation ditches. He did not forsee any problems, neither technically nor legally. 8. Paragraph 8 does not apply. 138 West 25th Street New York, N.Y 10001 212 924-3162 Fax 255-1072 December 12, 1989 City of Aspen Planning Office Aspen, CO Gentlemen and Ladies: I, Darrell C. Morrow, will be making certain applications for consent to modify and expand my home at Aspen which is situated at 1120 Black Birch on Lot 12, Black Birch Estates, being a part of the southwest quarter of Section 1, Township 10 South, Range 85 West of the sixth prime meridien, Pitkin County, Colorado. Set forth below are my current addresses and telephone numbers. At present, my primary, address is the one set forth first. Darrell C. Morrow Suite 2601, First City Tower 1001 Fannin Street Houston, TX 77002-6760 (713) 651-2176 Darrell C. Morrow 1120 North Black Birch Drive Aspen, CO 81611 (303) 925-8621 The name, address, and telephone number of the representative authorized to act for me ' on all matters with respect to my applications are set forth below: . • Mr. Johannes Kastner. 138 West 25th Street New York, NY 10001 (212) 924-3162 Sincerely, \/�. ,� Darrell C. Morrow 187/2247 • `� � �' ` � �0N� ` $l0O 0O ' 2O87AB ' ^ �WN�KSH�P A@D SNCUk�8Fi&��� F������� ��� °^"" ,"" Made For: Morrow/G&H STEWART TITLEOF ASPEN, INC. • ` ' ^ HEREBY CERTIFIES from a.search of the books in this o[Goc that thc owner of ` Lot 12, ` � �� • BLACK BIRCH ESTATES SUBDIVISION ' • , ' County of Pit kin, State` orado • . �� / Situated in the County of Pitkin, { taco. F iorudu, appears to be vested in the name of Darrell C.„., Morrow ` ` ^ �' '`' ' ';.' • and that the above described property appears to be subject to the following: A Deed of Trust dated Jul . , 12, 1985, executed by Darrell C . Morrow , to the Public Trustee of pitkin County, to secure an indebtedness .of $3l6 ,000.O0, . n favor of First National Dank in Aspen, recbrded July 12, l985:in Book 489 :at Page 661. as Reception No ,. 2.69609. _ NOTE: The beneficial interest under said Deed of Trust was assigned of record to Residential Funding Corporation, a ` Delaware CorporationbyFirst National Bank in Aspen recorded August 8 , 1985 in Book 492:' at Page 648 as Reception No. 270425 . NOTE: The beneficial interest under said Deed of Trust was n� assiged of record to First. Wisconsin Trust Company as Trustee by Residential Funding Corporation recorded February 24 , 1.966 in Book 505 at Page 882 ;as Reception No. 275828. • ^ / . ^ � . ��� |` „ • . ` � . .;^'. • . ' ' EXCEPT all easements, right-of-ways, reStrictions and reservations of record. EXCEPT any and all unpaid taxes and uxxcooinenm.• This report does not reflect any of the folloWln matters: 1) Bankruptcies nhlch, from date of adjudicat of the Most recent bunkzuptciox, antedate the report by more than fourteen (14) years. / ' 2) Suits and judgments which, from date of entry, antedate the report more than seven (7) years or until the governing statute of limitations has expired, whichever is the longer period. • 3) Unpaid tax liens vvhich, from date of payment, antedate the report by more than seven (7) years. Although we believe the facts stated are true, this Certificate is not to be construed as an abstract of title, nor an opinion of 6t}c, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any state- mcnc contained herein. � • • „„�� 1 rand Avenue, Suite 212 SCHMUESER GORDON MEYER INC."glit�� Glen Springs,wood S rin s Colorado 81601 •October 9, 1989 11imir p41111111 (303) 945-1004 Walla ri Viallnii" CONSULTING ENGINEERS&SURVEYORS/ Mr. Johannes Kastner 239 E 33rd Street, Suite 4B New York, NY 10016 Dear Mr. Kastner: • This letter is to address some of your concerns regarding the proposed • addition to the existing house .on Lot 12, Black Birch Estates in the City of Aspen, `Colorado. The proposed addition ,to the south of the existing house will require the relocation of the irrigated ditch shown on our survey maps. The ditch relocation will not affect any water rights of ditch owners as the size and carrying capacity of the relocated ditch will be the same as the existing ditch. Easements for the ditch relocation should be obtained from the Black Birch Homeowners Associations who, as I under- . stand, are the owners of the ditch. The proposed• addition is above and, therefore, outside the 100-year • floodplain and, as such, will not increase in any way the base flood elevation or impact the flood carrying capacity of the property. The proposed addition also does not interfere with the natural channel of Castle Creek, nor is it close enough to cause deterioration of the stream bank. The area disturbed during construction will be landscaped and drainage away from the building will be designed in such a way as to eliminate or reduce to historic rates any runoff or sedimentation into Castle Creek. Since the existing structure and proposed addition are within 100-feet of Castle Creek, a Stream Margin Review application to the City will be required. The addition may be exempt from review, however, provided the requirements of Aspen Municipal Code Section 7-504B.1-5 (attached) can be met. I hope this letter answers your: concerns. Please call if you have any questions. Sincerely, SCHMUESER CORDON MEYER, :INC. /L/::/ Ken Wilson, R.L.S. Survey Manager I6+1:lc/9185 • • WATER COURSE GUARANTEE KNOW ALL MEN BY THESE PRESENTS THAT I, Darrell C. Morrow, the owner of Lot 12 ; Black Birch Estates, being a part of the southwest quarter of Section 1, Township 10 South, Range 85 West of the 6th prime meridien,, Pitkin County, Colorado (the "Land") , the street address of which is 1120 North Black Birch Drive, Aspen, Colorado 81611, hereby agree and guarantee, on behalf of myself and my heirs, successors, and assigns, that if in connection with any development that may occur on the Land a water course is altered or relocated, such alteration or relocation will not diminish the flood carrying capacity of the Land. This Guarantee shall be a covenant running with the Land and shall be binding on the undersigned party and his heirs, successors, and assigns.: IN WITNESS _ WHEREOF, this Guarantee hereby is executed effective as of, and from December 12, 1989. tik1 LA 4 .' . 7— DELL C. MORROW , STATE OF TEXAS § COUNTY OF HARRIS, The foregoing instrument was acknowledged before me this 12th day of December, 1989 by. Darrell C. Morrow. .CSC = .,i//( .17/ ', /‹._._-/ (iiSG i t q u _ , � •^ r t;.,. ; Eisele LaFrance Tisserand �i± .s iVcir,� r';.,?:,lic Notary Public in and for }` ;`•�"' . 1 STATE - TEA/K, Harris County, Texas Ltw my Comm.[xp.Jan. 19,1952 et.4 ti'J My Commission Expires: 1/19/92 �IR 5875 ;• • MR. OR MRS.'•DARRELL C MORROWS 213 KENSINGTON COURT:-..?.,787:1.,.3 797 \ — 19�9 HOUSTON, TEXAS 77024 � �. 1130 .. pay to the , i t. Dollars' h ' Firm City National tank - i - - ofilouston '!t•::' P.O.Dox 2557,1Ious ,Tcxa,7725/i { ;_, i: b 130000 a7' II'OO,L5073kL4611° 3 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Johannes Kastner Architects Ms.Kim Johnson January 24, 1990 Aspen Planning Office 130 S.Galena Street Aspen, CO 81611 JAN 29 Re.Morrow Stream Margin Review Dear Ms.Johnson, Unfortunately Mr.Morrow decided not to go ahead with his development plans at this point and therefore please be ad vised that no stream margin review will be required on February 6, 1990. I am sorry for any i-i7onvenience. 4 ketyl (.4eiltim l / ✓Ww+/� ies Kastner• r r1 / v� l /3a z. 138 West 25th Street New York, N.Y 10001 212 924-3162 Fax 255-1072 Johannes Kastne Architects Ms.Kim Johnson Januar y::16, 1990 Aspen Planning Office 130 S.Galena Street Aspen, CO 81611 Re. Morrow Stream Margin Review Dear Ms-Johnson, This is the revised First Floor/Landscaping Plan as discussed. Please note the relocated hot tub at the NE-corner of the building. Also we had to add another off-street parking space in order to comply with the Aspen code ., (at the NW-corner of the building) . I do hope this does not cause any controversy for the February 6th meeting . Sincerely, 1 /4Vvw,�1(� �vtAn�✓ J hannes Kastner Encl . 138 West 25th Street New York, N.Y 10001 212 924-3162 Fax 255-1072 _ � � MEMORANDUM TO: Planning and Zoning Commission FROM: Amy Margerum, Director of Planning Kim Johnson, Planner RE: Morrow Stream Margin Review DATE: January , 1990 APPLICANT'S REQUEST: Stream Margin Review approval for the addition of 2, 000 square feet onto a single family residence within 100 feet of the high water line of Castle Creek. APPLICANT: Darrell Morrow, represented by Johannes Kastner LOCATION: 1120 Black Birch, (Lot 12, Black Birch Estates. ) The site is zoned R-15 (PUD) . The convergence of Castle Creek and the Roaring Fork is just to the north of this lot. SUMMARY: The applicant is proposing 2 , 000 square feet of addition to an existing 2 , 489 square foot house. The site contains 13 , 337 usable square feet (15, 098 total. ) The bulk of the proposed addition will be two-story, located on the south side of the two-story home. A second floor is proposed to be added over a 1-story section of the existing structure. Small expansions include an entry to the garage and a breakfast nook. The existing wood deck will be replaced by a terrace. Relocation of an irrigation ditch will be required. Other landscaping and amenities include a jacuzzi, walkways and four footbridges, a driveway, and tree plantings. Access from the street will not be changed. The high water line is roughly 18 ' from the proposed 2-story addition. The terrace will be about 5 ' from the high water line. REFERRAL COMMENTS: A: ENGINEERING - B: ENVIRONMENTAL HEALTH: The following comments were submitted by Carolyn Hardin: 1. The residence is currently served by city water and sewer. The addition will not affect this. 2 . Air quality issues were not addressed in the application. Two woodburning fireplaces are in the existing residence. If the applicant alters these devices in any way, or seeks to add additional devices, he shall be required to comply with the following Aspen Ordinances: 86-5 (allowable types and numbers of devices) 87-53 (describes "offset" variances) 88-20 (requires registration of gas and woodburning devices) Other applicable air pollution laws include Regulations 1, 3 and 8 of the Colorado Air Quality Control Regulations and Ambient Air Quality Standards (fugitive dust, emission control permits, and asbestos control. ) 3 . No long term noise impacts are anticipated from this project. 4 . The applicant should contact the Environmental Health Office should mine waste or mine dumps be encountered during excavation on this site. STAFF COMMENTS: Stream Margin Review is required when any development occurs within 100 ' of the high water line of the Roaring Fork or its tributaries, or within the 100 year floodplain where it extends beyond 100 ' of the Roaring Fork or its tributaries, or within a flood hazard area. Castle Creek is a tributary of the Roaring Fork. The applicant has addressed the Stream Margin Review standards, Section 7-504 C. : 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. RESPONSE: The 100 year flood elevation on this lot is 7749 ' . The finished lower floor elevation will be 7752 .7 ' .The addition will be about 17 ' from the 100 year flood contour line. See letter from Schmueser Gordon Meyer, dated 10/9/89. 2 . Any trail on the parcel designated on the Parks/Recreation/ Open Space/Trails Plan map is dedicated for public use. RESPONSE: There are no trails recommended or dedicated for public use on this property. The Rio Grande Trail is across the Roaring Fork River, approximately 200 ' northwest of this site. 3 . The recommendations of the Roaring Fork Greenway Plan are implemented to the greatest extent practicable. RESPONSE: Recommendations for the Roaring Fork Greenway Plan do not apply to this parcel. 4 . No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. RESPONSE: The applicant states that new development will not cause any erosion or sedimentation of the stream bank. Removal of vegetation or change of slope grade along the river will not , occur. See letter from Schmueser Gordon Meyer, dated 10/9/1989. 4 5. To the greatest extent practicable, the proposed development reduces pollution and interference with the natural changes of the river, stream, or other tributary. RESPONSE: According to the applicant, the development will not affect the stream margin in any way in terms of pollution or interference with the natural changes of the water. 6. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course. RESPONSE: A written notice to the C.W.C.B. is not required in this case. 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. RESPONSE: For a guarantee to ensure the flood carrying capacity see the attached letters from Schmueser Gordon Meyer dated 10/9/89 and from the owner Darrell C. Morrow dated 12/12/89. Also, the architect conversed with Jay Hammond, engineer at Schmueser Gordon Meyer, about relocating the irrigation ditches. The Ditch Association governs relocation of ditches and ditch easements. 8. Copies are provided of all necessary federal and state permits relating to work within the 100 year floodplain RESPONSE: Not applicable as no work is proposed in the floodplain. RECOMMENDATION: The Planning Office recommends approval of the Morrow Stream Margin Review with these conditions: A `.e USE THIS AIRBILL FOR DOMESTIC SHIPMENTS WITHIN THE CONTINENTAL U.S.A.,ALASKA AND HAWAII. -�, PACKAGE °Q+°� t — f1,; - USE THE INTERNATIONAL'AIR WAYBILL-FOR SHIPMENTS:TO PUERTO RICO.r. TRACKING NUMBER_ _ ,_- 23 5a �% QUESTIONS?CALL 800-238,5355-TOLL FREE. ; 93. J V 1 V i 4',J rL', t : i I -I�b 4 i';n! k „.:-,I 7i s i t } J E �i_ x :_ 1: '' Date( r41 t i„ 7 1 x. 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L -�;.. - -^' ,10/e9 be later in some areas. **Call for delivery schedule. ❑'lE,ro-a rnegal. - P - ' \S,) ''Q,- _\%.9,-J?,,,,,k, 1C)\s_ ..,,,b—.4-4 ' , ' I ._N'iV--.)% Z,,,,,k. . ‘.) . ,.,_.- ; . , . . . . ...„ _,,,,,, . , ._. _____........ ' . ..z,c.,.. .-,• . ,c__ _. _ . -... .),,,,...sz,, c71,-,, p\,:s...\,-LLrim., e--3,... . . , 1 . , ,.......... _ „so it f . r\ , --0,,,,,„,. \\,..z.,,,,,.. Z. c..,,k.,..... ‘raa,,,,ej , .e--,., --4-' „. .1,,...„1 ,t..,,,_ ........___ . .... . ______________ _ . w , Y .____= ._ _ . .-- ..0 .- - - ... _ • ? .. • • i- . kJ&. , thetelQ "7: i . _ . <.-1‘ _ ,, / . • 7 ' r IA/r n , inn w M i. \ _, `L__._-_---_- • MEMORANDUM TO: City Engineer Environmental Health Department FROM: Kim Johnson, Planning Office RE: Morrow Stream Margin Review Parcel ID # 2735-013-07-011 DATE: December 27, 1989 Attached for your review and comments is an application from Johannes Kastner, representing Darrell Morrow, requesting approval of a Stream Margin Review. Please review this material and return your comments to me no later than January 19, 1990. Thank you. • ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 December 27, 1989 Johannes Kastner 138 West 25th Street New York, NY 10001 RE: Morrow Stream Margin Review Dear Mr. Kastner, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is complete. We have scheduled your application for review by the Aspen Planning and Zoning Commission on Tuesday, February 6, 1990 at a meeting to begin at 4 : 30 pm. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. If you have any questions, please call Kim Johnson, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant cc: Rod Dyer • CITY OF ASPEN S PRE-APPLICATION CONFERENCE SUMMARY PROJECT: V 1 V CS `'(`Q'LJ Cj (��pp,wL , APPLICANT'S REPRESENTATIVE-- & ;.; REPRESENTATIVE 'S PHONE 0,1 a,)-91(7. - ',agQ ta. OWNER'S NAME:Da`C" d.1 rnao(- 0-L..).) SUMMARY 1. Type of Application: 62P e.w. VV1 '- (-Re\l QL 2 . Describe action/type of development being requested: 3 . Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments - OA C c ow\ac ALA- ne e ciAa1 -I e. Qn 4 . Review is• (P&Z Onl (CC Only) (P&Z then to CC) 5. Public Hearing: (YES) (NON 6. Number of copies of the application to be submitted: (- 7 . What fee was applicant requested to submit: a 8 . Anticipated date of submission: CL.„3uS4” 9 . COMMENTS/UNIQUE CONC RNS: � : • ' -11rr� S " • G,I' ' c �• • R , *& ' A ■ i ' •.■. • : • frm.pre_app,; • OWNERSHIP AND ENCUMBRANOEPORT 2337AB • $100 n 00 It Made For: Morrow/O&H STEWART TITLE OF ASPEN, INC. HEREBY CERTIFIES from a search of the books in this office that the owner of Lot 12, BLACK BIRCH ESTATES SUBDIVISION County of Pitkin, State of Colorado Situated in the County of Pitkin, State of Colorado., appears to be vested in the name of Darrell C. Morrow and that the above described property appears to be subject to the following: A Deed of Trust dated July 1.2, 1985, executed by Darrell Ca Morrow, to the Public Trustee of Pitkin County, to secure an indebtedness of $316, 000.00, in favor of First National Bank in Aspen, recorded July 12, 1985 in Book 489 at Page 661 as Reception No. 269609. NOTE: The beneficial interest under said Deed of Trust was assigned of record to Residential Funding Corporation , a' Delaware Corporation by First National Bank in Aspen recorded August 8, 1985 in Book. 492 at Page 648 as Reception No. 270425 . • NOTE : The beneficial interest under said Deed of Trust was assigned of record to First Wisconsin Trust Company as Trustee by Residential Funding Corporation recorded February 24 , 1986 in Book. 505 at Page 882 as Reception No. 275828,, • EXCEPT all easements, right-of-ways, restrictions and reservations of record. EXCEPT any and all unpaid taxes and assessments. This report does not reflect any of the following matters: 1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report by more than fourteen (14) years. 2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or until the governing statute of limitations has expired, whichever is the longer period. 3) Unpaid tax liens which, from date of payment, antedate the report by more than seven (7) years. Although we believe the facts stated are true, this Certificate is not to be construed as an abstract of title, nor an opinion 'of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any state- ment contained herein. Johannes Kastner 411 . Architects City of Aspen December 18, 1989 Planning Office Re. Morrow House Addition Stream Margin Reviev Explanation of compliance with the substantive development review standards - response to Attachment 4: 1 . The proposed development will not increase the base flood elevation. See letter from Schmueser Gordon Meyer, dated 10.9. 1989. 2. There are no trails dedicated for public use. 3. Recommendations for the Roaring Fork Greenway Plan do not apply. 4. The new development will not cause any erosion or sedimentation of the stream bank: removal of vegetation or change of slope grade along the river will not occur. See letter from Schmueser Gordon Meyer, dated 10.9. 1989. 5. The new development will not affect the stream margin in any way in terms of pollution or interference with the natural changes of the water. 6. A written notice to the Colorado Water Conservation Board is not required. 7. For a guarantee to ensure the flood carrying capacity please see the attached letters from Schmueser Gordon Meyer, Dated 10.9. 1989 and from the owner Mr.Darrell C. Morrow, Dated 12. 12. 1989. The architect had a long telephone conversation on October 4, 1989 with Mr.Jay Hammond, engineer at Schmueser Gordon Meyer, about the issue of relocating the existing irrigation ditches. He did not forsee any problems, neither technically nor legally. 8. Paragraph 8 does not apply. 138 West 25th Street NewYork, N.Y.10001 212 924-3162 Fax 255-1072 Johannes Kastner • • Architects City of Aspen December 18, 1989 Planning Office 130 South Galena Aspen, CO 81611 Dear Ms.Le Mont, This is the application package required for the Stream Margin Review following the Pre-application Conference on July 5, 1989 concerning the Morrow House addition. If anything is missing or if you need further information for your review please contact my office as soon as possible. Thank you very much in advance. Sincerely, �o. Johannes Kastner DEC20 138 West 25th Street New York, N.Y 10001 212 924-3162 Fax 255-1072 • • ATTACHMENT 1 IAND USE APPLICATION Irffi 1) Project Name Morrow House in Aspen 2) Project location Lot 12, B ack Birch Estates adress: 1120 Black Birch, Aspen, CO 81612 (indicate street'amass, lot & block number, legal description where appropriate) 3) Present Zoning R - 15 (PU D) 4) Lot Size 15 098 t o t a l • 13 337 usable 5) Applicant's Name, Address & Phone # M r.Darrel C.Morro w Suite 2601, First City Tower, 1001 Fannin Street, Houston, TX 77002-6760 ( 713) 651 2176 6) Representative's Name, Address & Phone # Mr.Johannes Kastner Johannes Kastner Architects, 138 West 25th Street,New York, N.Y. 10001 ( 212) 924 3162 7) Type of Application (please Bieck all that apply) : Coalitional Use Qnceptual SPA conceptual Historic Dev. Special Review . • Final.SPA Final Historic Dev. 8040 Greenline Conceptual PUD Minor Historic Dev. • X Stream Margin • Final AID • Historic Demolition Mcxmtain.View Plane •Subdivision Historic Designation • _ Cond min i i imi nation Text/Map_Amend ent GMQS Allotment • Lot Split/lot Line • GMSExemption Adjustment 8) Description . of . Exi st-i nrg Uses (rnmber and type of existing structures; approximate sq.. ft..; number of bed ocm,; any previous approvaLs granted to the ply) - • One two story wood frame house, 2489 sf. , three bedromms, one wood deck facing Castle Creek, one drive way for parking. • • 9) Description of Development Application One two story wood frame addition on the South side of the existing house, a seconf floor above the existing one story part, removal of the PxiSting wood deck,_ rPloratinn of irrigation ditch and • landscaping: driveway, terrace, garden, small foot bridges in wood • 10) Have you attached the following? • yes Response to Attadnnent 2; MinbamiallmissialCultmits yes Response to Attachment 3, Specific Submission Clarrtents y P s Response to Attachment 4, Review Standards for Your Applications • • • December 12, 1989 City of Aspen Planning Office Aspen, CO Gentlemen and Ladies: I, Darrell C. Morrow, will be making certain applications for consent to modify and expand my home at Aspen which is situated at 1120 Black Birch on Lot 12, Black Birch Estates, being a part of the southwest quarter of Section 1, Township 10 South, Range 85 West of the sixth prime meridien, Pitkin County, Colorado. Set forth below are my current addresses and telephone numbers. At present, my primary address is the one set forth first. Darrell C. Morrow Suite 2601, First City Tower 1001 Fannin Street Houston, TX 77002-6760 (713) 651-2176 Darrell C. Morrow 1120 North Black Birch Drive Aspen, CO 81611 (303) 925-8621 The name, address, and telephone number of the representative authorized to act for me on all matters with respect to my applications are set forth below: Mr. Johannes Kastner 138 West 25th Street New York, NY 10001 (212) 924-3162 Sincerely, Darrell C. Morrow 187/2247 SCHMUESER GORDOEA INC.��������■ 151 and Avenue, Suite 212 �����l Gle ood Springs, Colorado 81601 1■i`il I) (303) 945-1004 October 9, 1989 gium1„�� Vanii% CONSULTING ENGINEERS&SURVEYORS/ Mr. Johannes Kastner 239 E 33rd Street, Suite 4B New York, NY 10016 Dear Mr. Kastner: This letter is to address some of your concerns regarding the proposed addition to the existing house on Lot 12, Black Birch Estates in the City of Aspen, Colorado. The proposed addition to the south of the existing house will require the relocation of the irrigated ditch shown on our survey maps. The ditch relocation will not affect any water rights of ditch owners as the size and carrying capacity of the relocated ditch will be the same as the existing ditch. Easements for the ditch relocation should be obtained from the Black Birch Homeowners Associations who, as I under- stand, are the owners of the ditch. The proposed addition is above and, therefore, outside the 100-year floodplain and, as such, will not increase in any way the base flood elevation or impact the flood carrying capacity of the property. The proposed addition also does not interfere with the natural channel of Castle Creek, nor is it close enough to cause deterioration of the stream bank. The area disturbed during construction will be landscaped and drainage away from the building will be designed in such a way as to eliminate or reduce to historic rates any runoff or sedimentation into Castle Creek. Since the existing structure and proposed addition are within 100-feet of Castle Creek, a Stream Margin Review application to the City will be required. The addition may be exempt from review, however, provided the requirements of Aspen Municipal Code Section 7-504B. 1-5 (attached) can be met. I hope this letter answers your concerns. Please call if you have any questions. Sincerely, SCHMUESER CORDON MEYER, INC. Z7/6c Ken Wilson, R.L.S. Survey Manager KR:lc/9185 4 • WATER COURSE GUARANTEE KNOW ALL MEN BY THESE PRESENTS THAT I, Darrell C. Morrow, the owner of Lot 12 , Black Birch Estates, being a part of the southwest quarter of Section 1, Township 10 South, Range 85 West of the 6th prime meridien, Pitkin County, Colorado (the "Land") , the street address of which is 1120 North Black Birch Drive, Aspen, Colorado 81611, hereby agree and guarantee, on behalf of myself and my heirs, successors, and assigns, that if in connection with any development that may occur on the Land a water course is altered or relocated, such alteration or relocation will not diminish the flood carrying capacity of the Land. This Guarantee shall be a covenant running with the Land and shall be binding on the undersigned party and his heirs, successors, and assigns. IN WITNESS WHEREOF, this Guarantee hereby is executed effective as of and from December 12, 1989. (. k lAi '::L : DA'RELL C. MORROW STATE OF TEXAS § COUNTY OF HARRIS § The foregoing instrument was acknowledged before me this 12th day of December, 1989 by Darrell C. Morrow. 47/. /." Aeezezdj GiSEiE Gisele LaFrar ce Tisserand .1 Notary P;b;;c Notary Public in and for STATE OF TEXAS Harris County, Texas . M Comm.Exp.Jan. 19, 19n;:1;1 My Commission Expires: 1/19/92