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HomeMy WebLinkAboutcoa.lu.sm.Ogilvy 1490 Red Butte Dr.A36-92 Alt CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 5 /5 92 PARCEL ID AND CASE NO. DATE COMPLETE: 4 f.+/.9 2735-013-02-004 A36-92, STAFF MEMBER: LL PROJECT NAME: O• il ,.Stream Mar•in Exem•tion Project Address: !ro O � -_.): Legal Address: Lot 1, Block 1, Red Butte Subdivision APPLICANT: Jeanette M. Ogilvy Applicant Address: REPRESENTATIVE: Gideon Kaufman Representative Address/Phone: 315 E. Hyman, Suite 305 Aspen, CO 81611 (25-8166 PAID: (YES). NO AMOUNT: $ 290 NO. OF COPIES RECEIVED 1/3 TYPE OF APPLICATION: 1 STEP: X 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: art � Insubstantial Amendment or Exemption: Date: '/ (Q REFERRALS: �o City Attorney Mtn Bell School District (.o►A.► 'S V City Engineer Parks Dept. Rocky Mtn NatGas Housing Dir. Holy Cross State HwyDept(GW) -9Y Aspen Water Fire Marshall State HwyDept(GJ) City Electric Building Inspector Envir.Hlth. Roaring Fork Other Aspen Con. S.D. p Energy Center DATE REFERRED: S- 0 -9 INITIALS: a4 --- FINAL ROUTING: DATE RO ED: INITIAL: j.1 I .kt City Atty City Engineer Zoning Env. Health Housing Other: �r FILE STATUS AND LOCATION: �/��% Ceej 1 111 MEMORANDUM TO: Bill Drueding, Zoning Officer FROM: Leslie Lamont, Planning DATE: September 16, 1992 RE: Ogilvy Stream Margin Exemption Amendment SUMMARY: A stream margin exemption review was necessary for 1490 Red Butte Drive because the proposed addition and SPA area are within 100 feet of the high water line of the Roaring Fork River. Staff approved a stream margin exemption June 17, 1992 . The applicant seeks an amendment to the June exemption for the purposes of demolishing approximately 609 square feet of the existing home and replace that square footage in the same location. In addition, the applicant has requested confirmation that the demolition and replacement will not trigger Ordinance 1 requirements. The Zoning Officer has reviewed the plans and based upon the submitted drawings has confirmed that the demolition of 609 square feet does not equal 50% or more of the structure. Therefore, replacement of the 609 square feet plus the addition 443 square feet will not prompt Ordinance 1 requirements. APPLICANT: Jeanette M. Ogilvy as represented by Gideon Kaufman LOCATION: Lot 1, Block 1, Red Butte Subdivision ZONING: R-30 APPLICANT'S REQUEST: Amendment to the Stream Margin Exemption to demolish a portion of the existing home and rebuild on-site. REFERRAL COMMENTS: The Engineering Department has reviewed the attached plans and finds that the proposal is consistent with the June 17 , 1992 stream margin exemption approval. STAFF COMMENTS: The applicant proposes to demolish approximately 609 square feet of the existing home and replace that square footage on site. Pursuant to Section 7-504 B. the expansion, remodeling or reconstruction of an existing development shall be exempt from stream margin review if the development: a. does not add more than 10% to the floor area or increase the amount of building area exempt from floor area calculations by more than 25%; RESPONSE: The demolition and rebuild will not add more than 10% to the floor area. b. does not require the removal of any tree; RESPONSE: According to the application no trees will be removed. c. is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; RESPONSE: This recent renovation is not closer to the high water line and is no closer to the river than the approved stream margin exemption of June 17, 1992. d. does not fall outside of an approved building envelope; and RESPONSE: The development does not fall outside of the existing building envelope. e. is located completely outside of the Special Flood Hazard Area and more than one hundred feet from the high water line of the Roaring Fork River or the expansion, remodeling or reconstruction will not cause an increase to the amount of ground coverage of structures within the Special Flood Hazard Area. RESPONSE: The development is located outside of the flood hazard area but is within 100 feet of the high water line. However the renovation will cause no increase to the amount of ground coverage of the structure within a true flood hazard area. RECOMMENDATION: Staff recommends approval of the amendment to the Ogilvy stream margin exemption for a the demolition and replacement of approximately 609 square feet following conditions: 1. A construction site drainage plan and procedure shall be considered prior to the issuance of a demolition, excavation or building permit. The construction procedures employed must be such that no runoff from rain or snowmelt be permitted to drain to the river or impact the stream from contact with disturbed earth. 2 . Historic storm runoff patterns shall be maintained. I hereby approve the amendment to the Stream Margin Exemption pursuant to Section 7-504 B. of the Aspen Land e Code. �rn D1. e Moore, City Planning Director 2 • e LAW OFFICES GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION GIDEON I. KAUFMAN TELEPHONE BOX 10001 AREA CODE 303 315 EAST HYMAN AVENUE, SUITE 305 925-8166 ASPEN. COLORADO 81611 TELEFAX 925-1090 August 26, 1992 Ms. Leslie Lamont Aspen/Pitkin County Planning Office HAND-DELIVERED 130 South Galena Street Aspen, Colorado 81611 Re: Ogilvy - Further Clarifications for Addition and Stream Margin Review Dear Leslie: Pursuant to our meeting last week, I write this letter to seek an amendment and clarification to the Stream Margin Review Exemption received by the Ogilvys for Lot 1, Block 2 , Red Butte Subdivision. -'On June 17 , 1992 , a Stream Margin exemption, pursuant to §7-504 (b) of the Aspen Municipal Code was issued by Diane Moore, City Planning Director. Since that time, the Ogilvys' architect has discovered that it would be more efficient, and a better design, for the Ogilvys to demolish the approximately 609 sq. ft. delineated on the attached Plat, and then rebuild it instead of renovating it. You have requested a Plat showing the changes, and that we seek an amendment of the existing Stream Margin Review Exemption. In addition, we seek confirmation that Ordinance No. 1 does not apply to this demolition. Because of the small nature of the demolition, in comparison to the overall FAR of the property, we believe that Ordinance No. 1 is not applicable, and that employee housing obligations do not arise by virtue of the small demolition. I would appreciate your confirmation of that point in the exemption amendment letter. Also, due to the small nature of this clarification, I was not sure if there would be a fee required. If there is a fee, please contact me so that I can deliver you a check. As always, I thank you for your help and prompt attention to this matter. Very truly yours, LAW OFFICES OF GIDEON I . KAUFMAN, P.C. , a Pro /6 sional Corporation By Gi eon Kaufman GK/bw Enclosure cc: Jeanette M. Ogilvy 4110 MEMORANDUM TO: Bill Drueding, Zoning Officer FROM: Leslie Lamont, Planning DATE: June 17, 1992 RE: Ogilvy Stream Margin Exemption SUMMARY: A stream margin exemption review is necessary for 1490 Red Butte Drive because the proposed addition and SPA area are within 100 feet of the high water line of the Roaring Fork River. Staff recommends approval of the stream margin exemption. APPLICANT: Jeanette M. Ogilvy as represented by Gideon Kaufman LOCATION: Lot 1, Block 1, Red Butte Subdivision ZONING: R-30 APPLICANT'S REQUEST: Stream Margin Exemption for an addition to a single family residence. • REFERRAL COMMENTS: Please see attached referral from the Engineering Department. STAFF COMMENTS: The applicant propose a small addition on the river side of the residence functioning as a hallway connecting the two wings of her home. A jacuzzi is also proposed at the edge of the deck no taller than 30" above grade. Another addition is planned for the front of the home but does not require stream margin review. Pursuant to Section 7-504 B. the expansion, remodeling or reconstruction of an existing development shall be exempt from stream margin review if the development: a. does not add more than 10% to the floor area or increase the amount of building area exempt from floor area calculations by more than 25%; RESPONSE: The addition is only 155 sq. ft. and will not add more than 10% to the floor area b. does not require the removal of any tree; RESPONSE: According to the application no trees will be removed for the addition. The plans indicate a tree near the proposed spa area and it is unclear whether that tree is intended for removal or preservation. 110 c. is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; RESPONSE: Except for the jacuzzi, which will not be taller than 30" above grade. d. does not fall outside of an approved building envelope; and RESPONSE: The development does not fall outside of the existing building envelope. e. is located completely outside of the Special Flood Hazard Area and more than one hundred feet from the high water line of the Roaring Fork River or the expansion, remodeling or reconstruction will not cause an increase to the amount of ground coverage of structures within the Special Flood Hazard Area. RESPONSE: Although the development is located outside of the flood hazard area the addition is within 100 feet of the high water line. However the small addition and SPA will cause no increase to the amount of ground coverage of the structure within a true flood hazard area. RECOMMENDATION: Staff recommends approval of the Ogilvy stream margin exemption for a small addition and SPA area on a single family home with the following conditions: 1. There shall be no disturbance of vegetation between the fence and the Roaring Fork River. 2 . A construction site drainage plan and procedure shall be considered prior to the issuance of a demolition, excavation or building permit. The construction procedures employed must be such. that no runoff from rain or snowmelt be permitted to drain to the river from contact with disturbed earth. The construction procedure used will in no way impact the stream. 3 . Historic storm runoff patterns shall be maintained. I hereby approve the Stream Margin Exemption pursuant to Section 7-504 B., of the Aspen Land Use Code. Di e Moore, City Planning Director 2 1! 410 MEMORANDUM , • • • I , ia , MAY 20992 To: Leslie Lamont, Planning Office _ From: Rob Thomson, Project Engineer RS( Date: May 20, 1992 Re: Ogilvy Exemption from Stream Margin Review Having reviewed the above application, and having made a site inspection, the engineering Department has the following comments: 1. The application survey has a red dashed line around a tree in the spa area scope of work. It is unclear whether this tree is to remain or be removed. If it is to be removed, does it fall under Section 13-76 of the municipal code? 2 . The applicant is requested to grant a fisherman's easement for the river or stream and for a width of five feet along the bank. 3 . A construction site drainage plan and procedure should be considered prior to the issuance of a demolition, excavation or building permit. The construction procedures employed must be such that no runoff from rain or snowmelt be permitted to drain to the river from contact with disturbed earth. The construction procedure used will in no way impact the stream. 5. It appears that the proposed development will create additional impervious surfaces. The engineering staff requests that the applicant give consideration to maintaining historic storm runoff; and maintaining any increased storm runoff on- site, preventing it from entering the Roaring Fork River. Recommended Conditions of Approval 1. There shall be no disturbance of vegetation between the fence and the Roaring Fork River. cc Chuck Roth, City Engineer CASELOAD92.012 • ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO: City Engineer FROM: Leslie Lamont, Planning Office RE: Ogilvy Exemption from Stream Margin Review Parcel ID No. 2735-013-02-004 DATE: May 8, 1992 Attached for your review and comments is an application submitted by Gideon Kaufman, representing Jeanette M. Ogilvy, requesting an exemption from Stream Margin Review. Please return your comments to me no later than May 21, 1992. Thank you. 411 S LAW OFFICES GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION GIDEON I.KAUFMAN BOX 10001 TELEPHONE 315 EAST HYMAN AVENUE,SUITE 305 AREA CODE 303 925-8166 ASPEN.COLORADO 81611 TELEFAX 925-1090 May 5, 1992 HAND-DELIVERED Ms. Leslie Lamont Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Ogilvy Exemption from Stream Margin Review Dear Leslie: Pursuant to our meeting last week, I write this letter as an application for exemption from Stream Margin Review. The Applicant is Jeanette M. Ogilvy, as the record owner of Lot 1, Block 2 , Red Butte Subdivision, according to the Plat thereof filed September 16, 1960, in Ditch Book 2A at Page 259 . I have enclosed for your review a title commitment, dated August 14 , 1991, which shows ownership of the property in the name of Jeanette M. Ogilvy. I have also enclosed for your review a plat which shows the proposed improvement, as well as the location of a proposed spa. I believe it is important to note that an addition to the property was approved a few years ago, at which time a cabin was moved to the property. That addition was approved much closer to the river than the current proposal. As we discussed, the proposed construction takes place on a bench behind the existing house, well above the river. Not only does the proposed construction sit above the river, but the proposed construction will not be the closest part of the structure to the river. I, therefore, feel that an exemption is appropriate. Along with the small addition which is shown on the attached plat, the Applicant would also like to put a spa in the same bench area. I believe that the minimal construction we are proposing, and its location, qualifies us for the requirements for exemption from stream margin review: 1. The development does not add more than 10% to the floor area of the existing structure, or increase the amount of building area exempt from floor area calculations by more than 25% . 2 . The development does not require the removal of any trees, let alone any trees for which a permit would be required, pursuant to §13-76. Ms. Leslie Lamont May 5, 1992 Page 2 3 . The development is located so that no portion of the expansion, remodel or reconstruction will be any closer to the high water line than the existing development, and the development does not fall outside ,of an improved building envelope. 4 . The development is located outside of the flood hazard area, and, while the addition is not more than 100 feet measured horizontally from the high water line of the Roaring Fork River, the renovation and spa will cause no increase to the amount of ground coverage of the structure within a true flood hazard area. I believe this application is appropriate for an exemption. Enclosed please find a check in the amount of $290. 00, as well as a letter from the Applicant authorizing me to act as her representative. If you have any additional questions, please feel free to contact me. Otherwise, I look forward to the Planning Office granting an in-house exemption. Very truly yours, LAW OFFICES OF GIDEON I . KAUFMAN, P.C. , a Pro -e s ' • al Corporation By ► Gif; =on Kaufman GK/bw Enclosures cc: Jeanette M. Ogilvy WAY 06 '92 10:44 W ER SQ LAW APEENISSOC TEL NO:20 69-5746 X692 rP;2/2 ITV-05 '02 to$04 4A , CO LAW APCCha .r IOW AUT710 T+AT •••• eora THE UNDERSIGNED, aZANETTI M. OGILVY, aid tr►e record ocmer of the property described as Lot 1, Block 2, Red Butte Subdivision. Pltkin county. Colorado, hereby authorizes the LaW Offices of Gideon I. Kautman. P.G. to oubmit on my behalf an application for exemption from stream margin review, and any �. dcu:timAntm rR1,it.Rd thmrmtn, to thm A4DAn/Pttkin c nirnty Plilnning r otfice. Dated this day of Hay, 1992. U 1 - r \uyilvy \uut1betLL.J. L • Form No. 1402(6/87) • �l T!1 Owner's neri's Policy schedule A , SCHEDULE A File No. 401135-0 Policy No. 11 747?5fl Amount of Insurance$ 150•000•f10 Premium$ 1 .13n2,00 a.m. Date of Policy Augu3t 14, 1991 Fit 1 :17 P."I• P.m. 1. Name of Insured: JEr Inr.TTE_ ►1. 0,3!ivy 2. The estateior interest in the land which is covered by this policy is: FEE • 3. Title to the estate or interest in the land is vested in: •1 JFAITFTTE f1. OP ILVY rN 4. The land referred to in this policy is described as follows: • .11.Ir: 11.13AI. D1:scV UPTIO1 SET Fn12T11 on sflE'ET ATTr\C!IEf) HERETO AND BY MIS Iris EREr!Gr INCORPORATED 11E12E111 AND TIDE A PART HEREOF. . • • • • • form No. 1402-C • ALTA Standard Policy Western Region dor Mo. 401535-0 (Rev.9/87) f'bI icy llo. 11 7471610 SCHEDULE B PART I This policy does not insure against loss or damage(and the Company will not pay costs,attorneys' fees or expenses) which arise by reason of: . Section One: 1. Taxes or assessments which are not shown as existing liens by the.records of any taxing authority that levies taxes or assessments on real property or by the public records. • 2. Any facts, rights, interests, or claims which are not shown by the public records but which • could be ascertained by an inspection of said land orbymaking inquiry of persons in posses- sion thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. • • 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts ¢l hi h a correct survey would disclose, and which are not shown by public records. 5.. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water riiht. , claims or title to water. 6. Any lien, or right to a lien, kor"services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Section Two: 7. Right of the Preprlotor of a Vein or Lode to extract and remove his ore therefrom, should the bo found to•penetrnto or intersect the premises • horehy .gr^nted, as reserved In '!lulled Status Patent recorded /1‘6iiist 17, 1009, I n (look 55 at t'a`pc 5. st. Right of way for di tcho:s or canals constructed by the authority of the United States, as reserved I n United Stotos f of ont recorded August 17, 1&19, I n •Book 55 at rage, ?. 2. Restrictions, which do not contain a forfeiture or revertor clause, but emitting restrictions, if any, hosed on race, color, refigion or national • origin, as contained in I n— ru;nnnt recorded September 23, 1960, I n feok 191 at Page 590, as rrcndod by instr) ments recorded June 21 , - 1979, in nook 371 at Page 115, August 15, MP, in ramie 323 at Page 202, August 19, 1901, -In Root: • 412 at Pages 639 -through /16, October 30, 1991 , In nook 415 at Page (595, and February 1 3, 1996. I n ftc).alt 505 at ragas 350 through 357. 10. Utility caseients, as shown en •the Plot of said Subdivision, said n,osernents helm! 7.5P feet In width c •olind subject property except on road and river frontage∎, end 15,9' feet elerg the river frontage of subject property. 11 . Any question, dispute or tlev.,r70 claims, as to any loss or gain of lend as a (Continued) • Order Ile. 401535 --O Policy Ho. 0 7479503 tXCFF'T IOTJS .- continued result of any change In the riverboat location by other than natural causes, or alteration thro'.IOh accrot ion,. rel fiction, erosion or evuision of the center thread, bang, channs l or flow of the waters in the Roaring Fork River lying within subject land; and any question as to the location of . • such center thread, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands. MOTE: There are no documents I,n the I and records I n the office of the Clerk and Recorder for FitkIn County, Colorado, accurately locating past or present locations of tho comer thread, bank, bed or channel of the above river or indicatine any alterations of the same as frm 'time to time may have occured. • 12. Any rights, inturests or easements in favor of the State of Colorado, the United States of America.+, or the general public, which exist or are claimed to exist In, over, under and/or across the. craters and present and past bed and banks of the Roaring Fork River. • 13. Fncrolchnront of road onto subject property as shown on improvement Location Certificate by Aspen Survey engineers, inc., dated August 7, 1991 . • • • • Form No. 1056-4 - AU Policy Forms nr'dCr !!Q. 4f11�35 Policy 'le. 11 747951 SCHEDULE C • Colorado • • The land referred(aiii!tlha policy is situated in the State of - County of • and is described as follows: Lot 1, floc k 1 , Pr.-) r+JTTF eccordInq to thn Plat Thereof f i l e d `,naI Aber 15, 1050, I n flitch Rook 2A nt Paco 2;9. • • • 1 • • • • •