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HomeMy WebLinkAboutLand Use Case.660 S Galena St.A9-91CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 2f6f91 PARCEL ID AND CASE NO. DATE COMPLETE: 2737-182-96-005 A9-91 STAFF MEMBER: LL PROJECT NAME: Lewis 8040 Greenline Review Project Address:_ Galena Street, Aspen, CO Legal Address: Lot 6, Tipple Woods'Subdivision, Aspen, CO APPLICANT:_ Rick Lewis, Hawaii Vacation Partners Applicant Address: 4218 Waialae Ave #203, Honolulu, Hawaii REPRESENTATIVE: Stan Mathis Representative Address/Phone: P.O. Box 1640 Basalt, Co 81621 -------------------------------------------------------------- -------------------------------------------------------------- PAID: YES xxNO AMOUNT: $780 NO. OF COPIES RECEIVED 8 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meetin P `,_ g Date `� � PUBLIC HEARING ._._ YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES VESTED RIGHTS: YES Planning Director Approval: Insubstantial Amendment or Exemption: 10f, NO Paid: Date: --------------------------------------------------------------- ---------------------------------------------------------------- REFERRALS: City Attorney Mtn Bell School District City Engineer Parks Dept. Rocky Mtn NatGas Housing Dir. Holy Cross State HwyDept(GW) Aspen Water Fire Marshall State HwyDept(GJ) City Electric Building Inspector Envir.Hlth. Roaring Fork Aspen Con.S.D. Energy Center Other DATE REFERRED: �C ` /� INITIALS: FINAL -ROUTING: DATE ROUTED: City Atty Housing -------------- -------------- INITIAL: City Engineer Zoning Env. Health Other: FILE STATUS AND LOCATION: ATTACHMENT 1 IAND USE APPLICATION F M 1) Poi ect Name 2) Project Iocat (indicate street address, lot & block mn er, legal description where appropriate) 3) Present Zoning 4) Size � �: � . 5) Applicant's Name, Address & Phone # alm V___1 6 t7i e Ic rer I s address & Pion # f �► 7) Type of Application (Please creek all that apply) : Conditional Use oca-soeptual SPA Conceptual Historic Dev. Special Review Final SPA Final Historic DL 8040 Greenline Cbrx3eptual PUD Mirxx Historic Dev. j Stream Margin Final. PM c De�nol.i_tion Historic MountainView Plane Subdivision . Historic Designation irni zatiAn . Azrntr mom* C NQS Allot xmt lot Split/lot Line on Adjustment 8) Description oon of Dd -ti nQ Uses .; (r=dber and type . of eDsti m ; approximate sq. ft. ; rtnber of ; any approvals grant- d to the property) - ,5ltl' l'16 ee ..17 i MvIb - ,, _54 '&' �i'/n/" / L/L�' l� t�� i -, i rV ✓! I.l /� � I r, 9) Descripti of Development Applicationhv ' A ,,- r 10) Ha e.�rou attached the oWir�g? —/�` `PE�nse to Attachment 2, Mini m1m Submission Contents to Attachment 3, Specific Submission ssion —to' Pespoazse to Attachment 4, Review Standards for Your Application , IN • RA ZIoil) 4 TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planning RE: Lewis 8040 Green Line Review and Conditional Use Review DATE: March 19, 1991 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicant proposes to demolish and rebuild an existing single family residence and, provide an attached accessory dwelling unit. Staff recommends approval of the 8040 Greenline and conditional use for an accessory dwelling unit. APPLICANT: Rick Lewis as represented by Stan Mathis LOCATION: Lot 6 Tipple Wood Subdivision, Aspen ZONING: L/TR, Lodge/Tourist Residential APPLICANT'S REQUEST: To replace a two bedroom two bath residence with a two bedroom two and half bath residence and a one bedroom accessory dwelling unit for a total of approximately 3,700 square feet. REFERRAL COMMENTS: The Engineering Department has submitted referral comments, please see attachment A. Specific points are as follows: a. the building shall be sprinkled; and b. a storm drainage plan shall be provided; and C. authorization of use of the two parking places must be provided; and d. a site/grading plan shall be provided' to ensure that the site will be restored and revegetated; and e. the recorded plat for the lot split does not include the Little Nell Foot Trail Easement, the plat shall be amended to include the trail easement. Supporting documentation is attached to the Engineering referral comments. STAFF COR14ENTS : 8040 Greenline Review - Pursuant to Section 7-503 no development shall be permitted at, above, or 150 feet below the 8040 greenline unless the Commission makes a determination that the proposed development complies with all requirements set forth below. This proposal is located within 150 feet of the 8040 greenline and is adding more than 10% to the floor are of the existing structure therefore is subject to the full 8040 Greenline review. The following review standards for a 8040 Greenline review are as follows: A. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is foundto contain hazardous or toxic soils, the applicant shall stabilize and revegatate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the City. RESPONSE: According to the application this site has been developed for at least 18 years. The parcel is totally surrounded by developed properties. Mr. Lampiris, the consulting geologist, has examined the site and did not find evidence of unstable slope activity (attachment B). But he cautions that this could change if unusual amounts of surface or subsurface water permeates to the foundation, which is unlikely under natural conditions. He recommends that the soils engineers performing necessary drainage work for the site. The applicant will submit a soils report from a registered soils engineer prior to obtaining a foundation permit. It is also recommended that if mine waste, or related mining debris are found on site that the applicant contact the Environmental Health Department prior to the initiation of construction. B. The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects on water pollution. RESPONSE: The application states that the development will not have a significant adverse affect on runoff, drainage, erosion or water pollution. The Engineering Department is recommending the submittal of a storm drainage plan to ensure that drainage will not be affected. The Department is also concerned with the proposed amount of contact and disturbance to the existing terrain because the existing home is built on a pier and post system. It is recommended that the applicant submit a site/grading plan indicating restoration and revegatation of the site to reduce the potential of runoff and soil erosion. C. The proposed development does not have a significant adverse affect on the air quality in the City. RESPONSE: The new residence shall contain no wood burning devices. Gas fireplace and/or certified gas appliances may be installed. 2 D. The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. RESPONSE: No road development is required for this proposal. The home, which is surrounded by very large residences and lodges, will be built into the hillside. Please see the site plans attachment C. This parcel is accessed by a tram which will not alter due to redevelopment. Two parking spaces are used for this parcel and are located at Tipple Inn. The Engineering Department has requested documentation authorizing the use of these parking spaces for Lot 6. E. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. RESPONSE: According to the application, natural grade will be retained. A site/grading plan shall be provided identifying restoration and revegetation of the disturbed area to it original or better condition. F. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. RESPONSE: The proposed development is replacing an existing home. No roads will be required for the home. Construction access will be via a temporary road on Aspen Mountain across Little Nell. Use of this road would require Ski Company and County approval. The applicant shall provide confirmation that approval to use the road does exist. G. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. RESPONSE: The height of the structure will be within the 30 foot height limit and the new footprint will be 50% greater than the existing structure. The proposed building envelope should be amended so as not to project into the trail. The parcel is surrounded by large development and it is unlikely that redevelopment will impact the scenic backdrop of the mountain. H. Sufficient water pressure and other utilities are available to service the proposed development. RESPONSE: Utilities exist on the site. The Water Department has 3 indicated that there is sufficient domestic water for this project. I. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. RESPONSE: The property is served by stairs and a motorized inclinator with 2 parking spaces located in a private parking lot off Galena Street at the Tipple Inn. The Engineering Department has requested a statement authorizing the use of those spaces. J. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. RESPONSE: The Fire Department has indicated that the residence must be sprinkled. K. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. RESPONSE: The Aspen Area Comprehensive Plan indicates a trail at the base of Little Nell. In addition a pedestrian/nordic trail easement has been recorded for Lot 5 of Tipple Wood subdivision as a link in the trail along the base of the Aspen Mountain ski area linking Shadow Mountain to Ute Avenue. According to our files a trail easement was to be recorded for Lots 4 and 14 of the subdivision. Please see the attached letter from the representative of the Durant Condominium Association attachment D. The lot split review that split Lot 4 of the Tipple Woods into Lots 4 and 6 did not record the trail easement on the filed plat. The applicant shall amend the plat to indicate the trail and record that easement with the Clerk and Recorder. The applicant shall also revise the building envelope so as to be out of the easement. Conditional Use Review - Pursuant to Section 7-304 the criteria for a conditional use review are as follows: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located; and RESPONSE: The proposed one bedroom accessory dwelling unit will be approximately 400-500 sq. ft. and will be at least 50% above grade. It will comply with the provisions of the Housing Guidelines. The unit will be deed restricted as a resident occupied unit for residents of Pitkin County. 4 B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and RESPONSE: The surrounding residential and lodging uses are very dense and large. A single family with an accessory dwelling unit is quite compatible with the surrounding land uses. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and RESPONSE: The unit is contained within the primary structure thereby reducing the visual impact of the structure. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and RESPONSE: There are adequate facilities for this proposal use. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and RESPONSE: The proposal includes an affordable unit for employees of Pitkin County. An increase in employees is not expected by the provision of an accessory dwelling unit. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: The conditional use meets the requirements of the Aspen Area Comprehensive Plan and other requirements of this chapter. RECORDATION: Staff recommends.approval of the 8040 Greenline with the following conditions: 1. Prior to the issuance of a building permit the applicant shall submit: a. a site/grading plan, to be reviewed and approved by the Engineering Department, identifying restoration and revegatation 9 of the site; and b. documentation as to the existence and authorized use of two parking places at the Tipple Inn; and C. a sprinkler system plan, for review by the Fire Department; and d. an amended lot split plat indicating the trail easement on the property; and e. a storm drainage plan to be reviewed and approved by the Engineering Department; and f. confirmation from the Ski Company and County of approval to use the road for construction purposes. 2. If mine waste, or related mining debris are found on site the applicant shall contact the Environmental Health Department prior to the initiation of construction. 3. Prior to the issuance of a foundation permit the applicant shall submit a soils report from a registered soils engineer to be reviewed and approved by the Engineering Department. 4. No wood burning devices shall be installed. Gas fireplaces and/or certified gas appliances may be installed. Staff recommends approval of the conditional use for the attached accessory dwelling unit with the following conditions: a. Prior to the issuance of any building permits the applicant shall provide a deed restriction to the Housing Authority for approval. The restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and shall be rented for periods of six months or longer. Upon approval of the deed restriction by the Housing Authority, the applicant shall record the deed restriction with the Pitkin County Clerk, Recorders Off ice and Planning Department. r4V ICI WXQ . 141 �rl ► Y A. Engineering referral Comments B. Dr. Lampiris Report C. Site Plans D. Durant Condominium Letter 0 d . There appears to the an this project in that it does of -way for trail purposes. master trails plan, and the years. A signed trail provided. I have attached Aspen) for your information. error in the recorded plat for not show an easement and right - The trail is indicated on the trail has been in use for many easement agreement should be . survey (done by the City of e. A drawing showing the planned access and documentation for authorization of access for land other than public right-of-way. cc: Chuck Roth, City Engineer rt/memo91.12 EXTUDIT A A 15.00 foot perpetual foot trail easement across Lot 4, Tipple Woods Subdivision, as recorded in Ditch gook 2A, at.Page.250 in the Office of the Clerk and Recorder, Pitkin County, Colorado, being 7.5 feet on each side of a centerline, being described as follows: Commencing at a point on the Easterly boundary of Lot 4, said point being North 15030' East, 40.60 feet from the Southeast corner thereof; thence South 58049' 41" West, 0.42 feet; thence South 40°58- 01" West, 44.70 feet more or less to a point on the South boundary of Lot 4, said point being North 74°30' West, 19.50 feet from the South- east corner thereof_ and said centerline there terminating. A'�� BMENT oBn ' Nicholas [ampiriS` Ph.D. CONSULTING GEOLOGIST 07e3xALLEv ROAD CAneowoALE.couOnAooa1soo January 9, 1991 Stan Mathis Guy & Associates PO Box 1640 Basalt CO 81621 RE: Galena Street Site Dear Mr. Mathis: I have examined the site of the existing home on Galena Street where vou wish to construct a new home (on that site). There are othEr homes in close proximity to the subject home kj�3hich are all built on a rather steep slope facing west. The site is actually the west flank of an old lobe of a debris fan out of Spar Gulch which now protrudes into the Town of Aspen. To my knowledge there has not been mudflow activity on this fan for decades but it is possible, although Aspen Skiing Corporation work in recent years has probably decreased the potential hazard. The material consists of poorly sorted clay, mud, sand, gravel and boulders in an unconsolidated deposit. My investigation of this site for you, and in the past for other nearby homes, has not yielded any evidence of unstable Amps activity at this site but this could change if unusKE amounts of surface or subsurface waters should permeate to the foundation. This is not likely under natural conditions any more due to well constructed and well drained homes above the subject sight (although one should verify where perimeter drains above this property are day -lighting). Only irresponsible watering practices above the subject property, or ruptured water lines there, could adversely this SAW;. Even this eventuality can be minimized by perimeter drains around the new, home. This can be detailed by the soils engineers when they perform their necessary services at the site specific level. Proper soils engineering practices are the key to the future stability of this site. The home should be constructed to preclude the accumulation of radon gas as this is becoming standard practice in the State. If there are further questions please contact me. Sincerely, Nicholas Lampiris Consulting Geologist pk�w, - — — "I" Z,!, "I pul Yl; NJ V ON , JV, 0 ),IVA All ON all I I/All Fit 7Y INA t P 72 FRI AANN r h W-W TIP, A lilt', �kO m 14 7777!=-- a jw P11% 'Ism T& 4 LS q - Al TT lam OkA -Attachment "' " LAW orrlcts PROFESSIONAL C0IIP0RATI0N SUITE 200 600 EAST HOPKINS AVENUE LEONARD M. OATES ASPEN, COLORADO 81611 RODERT W. HUGHES RICHARD A. KNEZEVICH (� AREA CODE 303 OEDORAH OUINN September 4, 19 81 TELEPHONE 920-1700 TELECOPIER: 9201121 Sunny Vann, Planning Director City of Aspen 130 S. Galena -Street Aspen, CO 81611 Dan MacArthur, City.Engineer City of Aspen . 1.30 S. Galena Street Aspen, CO 81611 Re: Ski, Hiking and Pedestrian Trail on Lot 14, Anthony Acres and Lot 5, Tipple Woods Subdivision Dear Sunny and Dan: a In the last,few days I have been attempting to gain information as to the status of the above trail which exists in place on the Blitz ' Property (High 'on the Hill Condominiums) now oigned by Mr. Hemetter and on Lot 5, Tipple Woods Subdivisio owned b William Jose„l2h Yarborou .. y inquiry was and is for and n ' a� oTHi '�"'e-`Durant-ion o nium Association whose members, among other.members of the public, have enjoyed the utilization of the subject ski trails over a substantial period of time, and whose property enjoyment and value is enhanced by virtue of the existence of such trail. It forms a valuable and convenient access route from the Little Nell ski slopes to the Durant -Fifth Avenue- Fasching House.,'et-'al., condominium area of the City of Aspen (An- thony Acres).' Starting several days ago, I.made inquiry as to who at this point in time was in charge of and had a good handle on the City trail system. No one seemed to know. As a consequence, I made a request of Audrey in the Planning Office to look at the City's trail map. She indicated to me that it was hanging in Allan Richman's office, but that Allan really had no responsibility with respect thereto. I reviewed the map in Allan's office, and could not find a designation of the above trail on that map. Allan re- ferred me to the City Engineering Office. There I met with Jay Hammond who indicated that the Engineering Department's records reflected no trail as respects the Blitz property or the Yarborough property. At that point in time, I gave him documentation establish- ing the dedication of the portion of the trail situate on the Blitz Property and asked that the City's Engineering Department maintain a permanent record of it. Lou Buettner of the City's Engineering (},1T):'�;, 11UCIIL'S & Krr�zLVlcli, P. C. Sunny Van Dan MacArthur September 4, 1981 Page Two Department called me back later that. same afternoon, after having had a discussion with Jay Hammond to indicate to me that he had no record of anything as affecting Lot 5, Tipple Woods Subdivision. Rather than let the matter drop at this point in time, because. of the importance of the existence of the trail to all of the tourist accommodation facilities situate in the Anthony Acres area, I made separate inquiry myself with the City Building Depart- ment to determine what things had been done on Lot 5, Tipple Woods Subdivision (the Yarborough lot) requiring building permits and/or land use approvals. After reviewing the dead files of the City Building Department, I came up with the enclosed 'Planning Office ' memorandum dated August 8, 1979, and minutes of a Planning and Zoning Commission meeting dated August 7, 1979. These documents would reflect that an 8040 greenline review took place with res- pect to the Yarborough property .and that as a condition of the approval of that greenline review, that a trail easement be reserved along the existing trail alignment,' ze wic- FE-WrioM was to have en e ermine by the CEn!iineer. Apparently, this is as' far as the matter had gone in 1979, and at that point in time, it simply had gotten buried. As an immediate matter, I would ask that the alignment and width of the trail be determined by the City Engineer. Upon such determination being made, I would request that the City Attorney prepare a dedica- tion of this easement to be presented to Dr. Yarborough. I am as- suming that by virtue of the 8040 'greenline review approval, Dr. Yar- borough committed to the creation of the easement. • I think this is important at this point in time inasmuch as the Durant Condominium Association has certain information which would lead it to believe that Dr. Yarborough intends to block the trail as of the commencement of the coming ski season. Such action would ap- pear to clearly violate the spirit of the 8040 greenline review and will, of course, be a detriment to the neighborhood. In the event that Dr. Yarborough should be unwilling to execute an easement for the benefit of the public, then I think it would be appropriate that steps be taken to require or enforce the conditions of approval made in 1979 under the 8040 greenline review. As a general matter, while I do not intend to be critical of the Planning Office or Engineering Department, it would seem to me that these types of documents should not be misplaced or buried as this one has. There may, perhaps, be yet additional easements of great value to the public which -have not been perpetuated because ILtiLGI:VICII, ID. C. Sunny Vann T)an MacArthur se.pLclydber 4, 1981 Page Three of ,some administrative error. Were it not for the interest of the Durant Condominium Association in this trail and itsswillingness. to bear the expense ,, v9_q , ,g ,�I n, it would not have been called theiiy s �attenti.on that it, in fact, does have a valuable pub- lic trail for access to the Little Nell ski slope. I would ask that 1 bc: apprised as to the progress which is made in resolving this matter. Very truly yours., OATES, HUGHES & KNEZEVICH, P.C. By' Leonard M. Oates LMO/caa ° T.nclosure cc: Phillip R: Moore, President Durant Condominium Association Wayne Chapman, City Manager Lou Buettner, Engineering Department Mark Conklin, Manager Durant Condominium Association Paul Taddune, Esq. City Attorney {}: MEMORANDUM TO: Paul Taddune, City Attorney FROM: Louis Buettner, Engineering Department DATE: 2/23/82 RE: Ski, Hiking and Pedestrian Trail on Lot 14, Anthony Acres and Lot 5, Tipple Woods Subdivision Will you please draw up the necessary documents as requested in the attached letter from Leonard Oates. You will also find attached: 1. The trail centerline descriptions. 2. A drawing depicting the trail centerline through the property. If you have any questions please give me a call. 6Vk 3, Paa? 37.6 Enclosures CcoreOPiGINAL AS11N i ow r i r r. N 7,1010'()dW 120.00. N 1 �36 00'29" E LOT 3 '29 G. 9 8 0 ox co 0. 3. S 570 40' 11 W 0 o 73.88' 0 LOT 4 0 0 S 580 49- 41 W .6j 41.20' c" LOT 5 S 400 580 1" W N 7 50 00'00" W 114 2 9' ro.00',/ - 60,00, q 69.4 7' N 74 ° 30' 06 —W 12 OZ7ti — Lo LOT 14 S 28040'09" W (ANTHONY ACRES) 41,14' .---S 100 .3439"W 92.17' Z FOOT TRAII, EASEMENT W) ti S 3GO .34'09" W 229.30' 11olo SCALE: 1" = 60' 0 Ll- 7 7L) t4 116. 8 , 71 EXHIBIT LITTLE NELL FOOT EASEMENT I r -SPEN 13 ' '" :; e a treet : 20 January 20, t984 City Attorney Barry D., Edwards Assistant City Att,irnn/ Dr. William J. Yarbrough 1010 Wilder Avenue Apt. 1001 Honolulu, HI 96822 Re: City of Aspen; 8040 green line review, and requirement for trail casement dedication Dear Dr. Yarbrough: The engineering department for the City of Aspen has surveyed the trail center -line across your property in Tipple Wood Subdivision, as required during your 8040 green line review in August, 1979, before the planning and zoning commission. I enclose copies of the record of. proceedings of the Aspen Planning and Zoning Comission for August 7, 1979, and a memorandum to the City engineering department from Karen Smith of August 8, 1979, documenting this requirement. To that end, I enclose an original and a copy of an easement agreement that has been prepared for your signature and approval by the City of Aspen. Would you please review the easement agreement, and return, the original of the agreement to me, signed and notarized, at your earliest convenience. Of course, should you have any questions about the requirements for trail easement dedication, please contact this office. Very _ �uly yours EDWARDS - "\._ Assist_<lT1t City Attorney BDE:gms Encl. 7 i,r r•rrnt.,�tri to ct,., icrr� ,r� R EC O R D b F P R O C E E D I N G S ?'.spen Pla„n:in and Zonin Commissioner g o�--- �._._..__......___..�..� g c1 'Au�ti t' 7, •�l 7 Nedstrom felt there were two questions: the use .of public property in a public zone by a private company and the desirability of the possible affect on the neighborhood. .Pardee felt the third question is the'loss of use of a structure that was built with public funds.for the public. Ile suggested letting the taxi -company use the stables in the winter when it is, necessary to be near town. Ochs noted they are using two of the four stalls, two horses in one stall and one horse and the tack in the other. Hunt asked if the public would be getting some income from the use. Ochs said they would.pay'$50/month. Hunt moved to determine the use of the County Stable facili- ties.by a horse -driven taxi company within the original conditional use provided that: 1) the stalls be cleared daily of manure and at all times properly maintained to avoid obnoxious odor, 2) that no maintainance or repair of the horse -driven vehicles be accomplished on -site, 3) main- tain the grounds -in a sanitary, litterfree state, 4) the • approval be conditioned on a hearing being held'sometime in October of this year to review the extent of compliance with the stated conditions and with neighborhood impacts, 5) no more than two horse --powered vehicles be parked on the. property, and 6) the horse -driven taxi company occupy no more than two -of the existing stalls, however, are respon- sible for the service maintenance of all four stalls, Pardee seconded. All in favor, motion approved, -..x.f)rough Smith noted the P&Z attended a site inspection of the :)40 Greenline property. She added to her list of conditions that the :view applicant comply wAh the construction techniques and inspection requirements sugges'Ced in the letter of Bob Bash from Lincoln Devore Lab dated August 6, 1979. She also added the trail easement and an'escrow for landscaping to the .list of conditions. Klar asked if the adjacent property owners were aware of the fire access problem. Smith noted some of the adjacent properties were put through the same. review. There is no notice requirement for this type of application. The Fire Marshal has suggested several modi- fications that will make'firefighting easier which the applicant has agreed to comply with. McDonnell asked who would check to be sure these requirements,: -such as the..tfire cabinet with firefighting.equipment, would be maintained after the approval. Smith said the Fire Marshal makes the inspections. Pardee asked about the liability on the ease- ment. Stock said the liability on the improved trail would lie with the City. Pardee moved to approve the Yarbrough 8040 Greenline Review. subject to the following: 1) the conditions recommended by -the Fire Marshal that a 2" standpipe be installed between Yarbrough's property and Galena Street as a supplement to the existing fire hydrant on the property immediately to the South; hose and other necessary fire equipment to be stored in a cabinet adjacent to the property, 2) a covenant of indemnity be implemented to absolve the City from any responsibility in the case of fire, 3) a trail easement be reserved along the' existing trail alignment the width of which to be determined by the City Engineer, 4) pursuant to the recommendation of the Aspen Water Department, water hookup is made on the 6" main supplying -the Blitz residence, 5) that there be an'escrow placed in reserve for landscaping specifically for the replacement of dead trees and any Vegetation damged by construction, 6) the building i,. structed of fire resistant materialsX1d_JzuDt to one -hour standards, 7) the recommendations for construction and In- '�js�t�ta15" made in the August 6, 1979, letter of Lincoln Devore be a condition of approval, McDonnell seconded. All in favor, motion approved. ; MEMORANDUM TO: Dave Ellis, City Engineer -Clayton Meyring, City Building Inspector FROM: Karen Smith, Planning Office RE: Yarbrough 8040 Greenline Review DATA:: August .8, 1979 On August 7, 1979, the P and Z approved the Yarbrough single family house in Tipple Woods Subdivision with numerous conditions. -While the minutes will 9.1ve you the seven conditions, I did want to immediately point three out: 1. That an escrow amount be set aside to cover replacement landscaping. The amount is to be determined by the bid price of a landscape plan. That a trail easement be reserved of a width to be determined by .� the City E ngin • 3. That the recommendations of the August 6th letter of Lincoln DeVore be implemented in view of any potential soils or geologic problems. Please note that this includes a require.nent of inspection by a' soils engineer at time of excavation .and modification of conditions at that time. L\ .10 ' � cTo .P.S. minutes not completed yet -Sheryl will give you both copies when completed.. 5 , EASEMENT AGREEMENT THIS AGREEMENT is made and entered into this day } of , 1984, by and between-WILLIAM JOSEPH YAR13ROUGH ("Yarbrough"), and THE.CITY OF ASPEN, COLORADO, a municipal_ corporation ("City")*. !ri I T N E S S F `I' 11 THAT, WHEREAS, Yarbrough is t.ho owner of the following - described real propert,; located ii(• F'i.tkin Count;, Colorado, to -wit: PIHEREAa ), there w:., Jedic,it_�:d t t hin said j:(',il property, pursuant ti) all F3(-)40 %1 1't`I1 1 Lne by the C.ity's,P�.rirllt 1I! j and Zoning Commission, ..tn Auctust 7 , 979 , an e_:;cnlent and right -of -Way for trail purposes, t,hc, width and alignment of which was to be determined by the City Engineer for the City; and, WHEREAS, the City Engineer: £or the City li lis (letermined tht width and alignment of the easement and right-of-way; and, WHEREAS, Yarbrough) wishes to formalize the grant of the easement arid right-of-way for trail purposes, and to dedicate a perpetual easement c.tr,d right -cif -way for the same, under the terms and conditions f;ot- faith hrre_ilt; NOW, THEREFORE, in cons.iderat"ion of the mutual benof i is to be derived therefro-, the parties agree as follows: 1. Yarbrough (r:l;;l s, barg..Iins, sells, conveys an , confirms unto t_Iie Cit:','r O'S Si1CCCS::<>1"S alld assigns, i1 non-exciu s i,.", t r�lil ('.;`; ;'?C'I:t. illld t"1'1}it -of-wily over .Itld the real de:;� ihod ()r, the tt t.lc;hed Exhibit "A, being fi ft( (iS) fe i It width, tl. , ;evori an(` one -h,1 i `.- ) s.id(.` r £ l,t ��r t i �. t hor.ei 1: c:ontcr.lirit..` )!- the ot, t. hc` I., i t t, :` "i('` 1 J '4. x agreement for reference purposes, and designated as Exhibit "B." -s 2. The City, its successors and assigns, shall have -and hold the described easement and right--of-way forever, subject to the following: a.) The easement and right-of-way granted herein , shall be used only as a multi -purpose trail for pedestrian, bridle, ski -touring, hiking, and other forms of traffic not F involving the use of motorized vehicles; b.) The City, its successors or assigns, shall be responsible for the development, repair and maintenance of said trail easement, ;:rid shall have the right at aLl times; to improve, by paving or otherwise, all or a portion of sa.i_c' easement. THIS EASEMI:;NT AGP.I;f,MENT shall bi` binding upon arr(-,l ir:trrc� to the bane: -tt of. the ;>,_rrti.es and their respective szic cessr),,c; and assigns. IN WITNESS WHEREOF', �'arhrougli h,rs executed and do l ivc rE ,_i the f_orego.hoj I?asemer:t jt'r�c�rTrent t `r i d.ry <rf 1984. r � _ i } ` • T is J C� I l h l• l l .l l � r :.! t, r � I STATE OF COUNTY OF 1,P)NC)i-,L'(U) 't'hc: iC i (�rjC)iCtC� l r:. �ti;ICrlt- L•.<:. .�' . . '�t'1C�l�Cjf'+�i �i(]fEirt� ih�� }��r r� ty ot: 1. 9 t 4. _ ... ----- tray MI cc�nr?.i ,i_c)n ONP1 (is. Consented t:() and appr.),.-, d: TIII. !' I 7 OF ASPEN ATTEST: Kathryn 9 . ric>� h, C iy _., L. St tr1 STATE OF -COLORADO) ) ss. ' COUNTY OF PITKIN ) The foregoing instrument was acknowledged before -me by William L. Stirling, mayor of the City of Aspen,'and by Kathryn S. Koch, City Clerk of the City of Aspen, this day of 1984. Witness my hand and official seal. My commission expires: Notary Public f ' A 15.00 foot perpetual foot trail easement across Lot 5, 'fipple } Woods Subdivision, as rocorded in Ditch Hook 2A, at•Page 250 in 4 the Office of the Clerk and Recorder. Pitkin Count Colorado, County, Q I being 7.5 feet on each side of a centerline, be.inU described as follows:' Commencing at a point on ' the Easterly boundary of. Lot 5, said Point being South 15 30 West, 24.33 feet from tine Nor-theast corner 'ther.eof; thence South 57�40' 11" West, 47.70 feet; thence South 58049' 41" West', 40.78 feet more or less to a point on the West: boundary of Lot 5, said point being North 15030' Fast, 40.6E feet from th.c Southwest corner thereof, and said centerline there terminating. ATTACHMENT "A" To: Leslie Lamont, Planning Office From: Rob Thomson, Project Engineer Date: March 5, 1991 Re: Lewis 8040 Greenline Review and Conditional Use Review Parcel ID# 2737-182-96-005 Having reviewed the above application and made a site inspection, the engineering department has the following comments: 1. It should be noted that this project is located in an area - where the potential for hazardous or toxic soils is high. If mine waste, waste rock or mine dumps are found during excavation, the applicants shall report this to the environmental Health Department prior to initiation of construction. 2. Because the City of Aspen annexed the Tipple Woods Subdivision in March of 1967 with no exceptions, the engineering department is unable to review the project regarding snow removal and maintenance, roads and driveways. 3. The water department believes there is sufficient domestic water for this project. 4. The fire department has indicated that the pr.oject will have to be sprinklered. 5. It is the engineering departments recommendation that as a condition of approval and/or prior to issuance of a building permit the applicant provide: a. A storm drainage plan, including calculations by a registered engineer of the State of Colorado. See Section 7-1004.C.4.f of the City of Aspen Municipal Code. b. Documentation as to the existence and authorized use of the two parking places. C. The existing structure is built on a pier and post system which is of minimal contact and disturbance to the existing terrain, contrary to this project with a fully enclosed foundation that would significantly increase the amount of contact and disturbance to the existing terrain. A site/grading plan should be provided indicating restoration and revegetation of the disturbed area to its original or better condition. Also, during excavation there should be protection provided for adjacent property owners and shoring to prevent excess sluffing as necessary. V d . There appears to the an error in the recorded plat for this project in that it does not show an easement and right- of-way for trail purposes. The trail is indicated on the master trails plan, and the trail has been in use for many years. A signed trail easement agreement should be provided. I have attached a survey (done by the City of Aspen) for your information. e. A drawing showing the planned access and documentation for authorization of access for. land other than public right-of-way. cc: Chuck Roth, City Engineer rt/memo91.12 A 15.00 foot perpetual foot trail easement across Lot 4, Tipple Woods Subdivision, as recorded in Ditch Book 2A, at,Page,250 in the Office of the Clerk and Recorder, Pitkin County, Colorado, being 7.5 feet on each side of a centerline, being described as follows: Commencing at a point on the Easterly boundary of Lot 4, said point being North 15030' East, 40.60 feet from the Southeast corner thereof; thence South 58049' 41" West, 0.42 feet; thence South 40058' 01" West, 44.70 feet more or less to a point on the South boundary of Lot 4, said point being North 74"30' West, 19.50 feet from the South- east corner thereof and said centerline there terminating. VV TITnIrm M A 15.00 foot perpetual foot trail easement across Lot 14, Anthony Acres Subdivision, as recorded in Book 3, at Page 15 in the Office of the Clerk and Recorder, Pitkin County, Colorado, being 7.5 feet on,each side of a centerline being described as follows: Commencing at point on the North boundary of Lot 14, said Point being North 74030' West, 79.50 feet from the Northeast corner thereof; thence South 40 58' 01" West, 24.77..feet; thence South 28� 40' 09" West, 41.14 feet; thence South 10 34' 39" West, 92.17 feet; thence South 36 34' 09" West, 229.30 feet; thence South 32°.35' 27" West, 30.63 feet more or less to the South boundary of Lot 14, said point being South 74"30' East, 47.77 feet from the Southwest corner thereof and said centerline there terminating. EXHIBIT A A 15.00 foot perpetual foot trail easement across Lot 5, Tipple Woods Subdivision, as recorded in Ditch Hook 2n, -at'Page 250 in the Office of. the Clerk and Recorder, Pitkin County, Colorado, being 7.5 feet on each side of a centerline, being described as follows:' Commencing at a point on the Easterly boundary of Lot 5, said point being South 15U30' West, 24.33 feet from the Northeast corner'thereof; thence South 57()40' 11" West, 47.70'feet; thence South 58*49' 41" West; 40.78 feet more or less to a point on the West boundary of Lot 5, said point being North 15030' Fast, 40.66 feet from tKe Southwest corner thereof, and said centerline there terminating. N 15° 00' 00" E 396.51' z .p t ` I W 0 Cn o °O mO i 1 � rn 0 1 � Ut X _N N N W Iv- 0 03 i� m i ' 1 m m p z D mo .� -4 o 1.0- m� z Q o Z 0 --� D Z - � N rn S 15040, 00 w 180.00, (/) 154.00• 26.06 0 wo o. z W : U) (n NI O'E 70.00N CD N � O � 00 o 0 C 0o U' o w -p .p � o r- `goo V' 0 cD -O o b 397.50 130.00, �s 50-00, S15030'00"W W �,�•- cr - 1 0 v 0 577.50' 24.� V? cn 0 0� o 00 -p ° � o _. -fs NCo O p�0 J O -Q Co — 0 z ZD N o O 8) O D � N O:CD D m z O Z Attorney at Law Also admitted in California and New York Suite 201 450 South Galena Street Aspen, Colorado 81611 Telephone.- (303) 920-2310 Facsimile: (303) 920-2312 February 27, 1991 HAND DELIVERY Stan Mathis Aspen, CO 81611 RE: Lot 6, Tipplewood Subdivision, Aspen, Colorado Dear Stan: Please be advised that pursuant to a Quit Claim Deed recorded in Book 638 at Page 827, Lot 6, Tipp lewood Subdivision was conveyed by William J. Yarbrough and Julia K. Yarbrough to the Julia Kinloch Yarbrough Revocable Living Trust. The legal address of the trust is: c/o William J. Yarbrough, The Queen's Physician Office Building,, 1380 Lusitana Street, Suite 206, Honolulu, Hawaii 96803. Pl ease di rest al I correspondence to Dr. Wi I I i am J. Yarbrough at the above address. If I can be of any further assistance, please do not hesitate to contact me. Very r rs, i chard Cummins RC/ls C:�WP\LETTERWATHIS.YAR AT' CHMENT "A" MEMORANDUM To: Leslie Lamont, Planning Office From: Rob Thomson, Project Engineer <�� Date: March 5, 1991 Re: Lewis 8040 Greenline Review and Conditional Use Review Parcel ID# 2737-182-96-005 Having reviewed the above application and made a site inspection, the engineering department has the following comments: 1. It should be noted that this project is located in an area where the potential for hazardous or toxic soils is high. If mine waste, waste rock or mine dumps are found during excavation, the applicants shall report this to the environmental Health Department prior to initiation of construction. 2. Because the City of Aspen annexed the Tipple Woods Subdivision in March of 1967 with no exceptions, the engineering department is unable to review the project regarding snow removal and maintenance, roads and driveways. 3. The water department believes there is sufficient domestic water for this project. 4. The fire department has indicated that the project will have to be sprinklered. 5. It is the engineering departments recommendation that as a condition of approval and/or prior to issuance of a building permit the applicant provide: a. A storm drainage plan, including calculations by a registered engineer of the State of Colorado. See Section 7-1004.C.4.f of the City of Aspen Municipal Code. b. Documentation as to the existence and authorized use of the two parking places. C. The existing structure is built on a pier and post system which is of minimal contact and disturbance to the existing terrain, contrary to this project with a fully enclosed foundation that would significantly increase the amount of contact and disturbance to the existing terrain. A site/grading plan should be provided indicating restoration and revegetation of the disturbed area to its original or better condition. Also, during excavation there should be protection provided for adjacent property owners and shoring to prevent excess sluffing as necessary. ASPEN PLANNING AND ZONING COM41SSION REGULAR MEETING March 19, 1991, Tuesday 4:30 P.M. 2nd Floor Meeting Room City Hall I . COMMENTS Commissioners Planning Staff Public II . MINUTES III_ PUBLIC HEARINGS A- Lewis 8040 Greenline and Conditional Use Re B- Text Amendment - Section 7-602_ view Partial Demolition or Relocation D in a H.,Structures Historic Overlay of District, or invo a Historic Landmark lying IV. ADJOURN a. cov '1 /� TO: Aspen Planning and Zoning Commission FROM: Cindy Christensen, Planning Office RE: Upcoming Meetings DATE: March 14, 1991 This is a list of your scheduled upcoming meetings. Regular Meeting, April 2nd * The Aspen Meadows Residential GMQS, Final SPA and Rezoning (PH) (KJ/AM) * 1001 Ute Avenue Subdivision/PUD, Conditional Use Review and 8040 Greenline Review (PH) (KJ) Special Meeting, April 9th * The Aspen Meadows (continued) Regular Meeting, April 16th * Gordon Stream Margin Review and Conditional Use Review for an Accessory Dwelling Unit (PH) (KJ/LL) * Lily Reid Special Review and GMQS Exemption (KJ/LL) * The Aspen Meadows (continued) Regular Meeting, May 7th * Aspen Villas PUD Amendment for Trash/Mail Enclosure (KJ) * 716 West Francis, 620 West Hallam and 214 West Bleeker Historic Designation (PH) (RE) * Christiania Lodge GMQS Exemption for Affordable Housing (LL) * Messiah Lutheran Church Amended Conditional Use and GMQS Exemption for Affordable Housing (PH) (KJ) a.nex IDI •' 11 I TO: Aspen Planning and Zoning Commission. FROM: Leslie Lamont, Planning RE: Lewis 8040 Green Line Review and Conditional Use Review DATE: March 19, 1991 SUMMARY: The applicant proposes to demolish and rebuild an existing single family residence and provide an attached accessory dwelling unit. Staff recommends approval of the 8040 Greenline and conditional use for an accessory dwelling unit. APPLICANT: Rick Lewis as represented by Stan•Mathis LOCATION: Lot 6 Tipple Wood Subdivision, Aspen ZONING: L/TR, Lodge/Tourist Residential APPLICANT'S REQUEST: To replace a two bedroom•,two bath residence with a two bedroom two and half bath residence and a one bedroom accessory dwelling unit for a total of approximately 3,700 square feet. REFERRAL COMMENTS: The Engineering Department has submitted referral comments, please see attachment A. Specific points are as follows: a. the building shall be sprinkled; and b. a storm drainage plan shall be provided; and C. authorization of use of the two parking places must be provided; and d. a site/grading plan shall be provided' to ensure that the site will be restored and revegetated; and e. the recorded plat for the lot split does not include the Little Nell Foot Trail Easement, the plat shall be amended to include the trail easement. Supporting documentation is attached to the Engineering referral comments. STAFF COMMENTS: 8040 Greenline Review - Pursuant to Section 7-503 no development shall be permitted at, above, or 150 feet below the 8040 greenline unless the Commission makes a determination that the proposed development complies with all requirements set forth below. This proposal is located within 150 feet of the 8040 greenline and is adding more than 10% to the floor are of the existing structure therefore is, subject to the full 8040 Greenline review. The following review standards for a 8040 Greenline review are as follows: A. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and'the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegatate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the City. RESPONSE: According to the application this site has been developed for at least' 18 years. The parcel is totally surrounded by developed properties. Mr. Lampiris, the consulting geologist, has examined the site and did not find evidence of unstable slope activity (attachment B). But he cautions that this could change if unusual amounts of surface or subsurface water permeates to the foundation, which is unlikely under natural conditions. He recommends that the soils engineers performing necessary drainage work for the site. The applicant will submit a soils report from a registered soils engineer prior to obtaining a foundation permit. It is also recommended that if mine waste, or related mining debris are found on site that the applicant contact the Environmental Health Department prior to the initiation of construction. B. The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects on water pollution. RESPONSE: The application states that the development will not have a significant adverse affect on runoff, drainage, erosion or water pollution. The Engineering Department is recommending the submittal of a storm drainage plan to ensure that drainage will not be affected. The Department is also concerned with the proposed amount of contact and disturbance to the existing terrain because the existing home is built on a pier and post system. It is recommended that the applicant submit a site/grading plan indicating restoration and revegatation of the site to reduce the potential of runoff and soil erosion. C. The proposed development does not have a significant adverse affect on the air quality in the City. RESPONSE: The new residence shall contain no wood burning devices. Gas fireplace and/or certified gas appliances may be installed. 2 D. The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. RESPONSE: No road development is required for this proposal. The home, which is surrounded by very large residences and lodges, will be built into the hillside. Please see the site plans attachment C. This parcel is accessed by a tram which will not alter due to redevelopment. Two parking spaces -are used'for this parcel and are located at Tipple Inn. The Engineering Department has requested documentation authorizing the use of these parking spaces for Lot 6. E. Any grading will minimize, -to the extent practicable, disturbance to the terrain, vegetation and natural land features. RESPONSE: According to the application, natural grade will be retained. A site/grading plan shall be provided identifying restoration and revegetation of the disturbed area to it original or better condition. F. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. RESPONSE: The proposed development is replacing an existing home. No roads will be required for the home. Construction access will be via a temporary road on Aspen Mountain across Little Nell. Use of this road would require Ski Company and County approval. The applicant shall provide confirmation that approval to use the road does exist. G. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. RESPONSE: The height of the structure will be within the 30 foot height limit and the new footprint will be 50% greater than the existing structure. The proposed building envelope should be amended so as not to project into the trail. The parcel is surrounded by large development and it is unlikely that redevelopment will impact the scenic backdrop of the mountain. H. Sufficient water pressure and other utilities are available to service the proposed development. RESPONSE: Utilities exist on the site. The Water Department has 3 indicated that there is sufficient domestic water for this project. I. Adequate roads are available to serve the proposed development, and said roads can be, properly maintained. RESPONSE: The property is served by stairs and a motorized inclinator with 2 parking spaces located in a private parking lot off Galena Street at the Tipple Inn. The Engineering Department has requested a statement authorizing the use of those spaces. J. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. RESPONSE: The Fire Department has indicated that the residence must be sprinkled. K. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. RESPONSE: The Aspen Area Comprehensive Plan indicates a trail at the base of Little Nell. In addition a pedestrian/nordic trail easement has been recorded for Lot 5 of Tipple Wood subdivision as a link in the trail along the base of the Aspen Mountain ski area linking Shadow Mountain to Ute Avenue. According to our files a trail easement was to be recorded for Lots 4 and 14 of the subdivision. Please see the attached letter from the representative of the Durant Condominium Association attachment D. The lot split review that split Lot 4 of the Tipple Woods into Lots 4 and 6 did not record the trail easement on the filed plat. The applicant shall amend the plat to indicate the trail and record that easement with the Clerk and Recorder. The applicant shall also revise the building envelope so as to be out of the easement. Conditional Use Review - Pursuant to Section 7-304 the criteria for a conditional use review are as follows: A. The conditional use is consistent with the purposes, goals, objectives and. standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located; and RESPONSE: The proposed one bedroom accessory dwelling unit will be approximately 400-500 sq. ft. and will be at least 50o above grade. It will comply with the provisions of the Housing Guidelines. The unit will be deed restricted as a resident occupied unit for residents of Pitkin County. 4 B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and RESPONSE: The surrounding residential and lodging uses are very dense and large. A single family with an accessory dwelling unit is quite compatible with the surrounding land uses. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and RESPONSE: The unit is contained within the primary structure thereby reducing the visual impact of the structure. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and RESPONSE: There are adequate facilities for this proposal use. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and RESPONSE: The proposal includes an affordable unit for employees of Pitkin County. An increase in employees is not expected by the provision of an accessory dwelling unit. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other.applicable requirements of this chapter. RESPONSE: The conditional use meets the requirements of•the Aspen Area Comprehensive Plan and other requirements of this chapter. RECOMMENDATION: Staff recommends approval of the 8040 Greenline with the following conditions: 1. Prior to the issuance of a building permit the applicant shall submit: a. a site/grading plan, to be reviewed and approved by the Engineering Department, identifying restoration and revegatation W of the site; and b. documentation as to the existence and authorized use of two parking places at the Tipple Inn; and C. a sprinkler system plan, for review by the Fire Department; and d. an amended lot split plat indicating the trail easement on the property; and e. a storm drainage plan to be reviewed and approved by the Engineering Department; and f . confirmation from the Ski Company and County of approval to use the road for construction purposes. 2. If mine waste, or related mining debris are found on site the applicant shall contact the Environmental Health Department prior to the initiation of construction. 3. Prior to the issuance of a foundation permit the applicant shall submit a soils report from a registered soils engineer to be reviewed and approved by the Engineering Department. 4. No wood burning devices shall be installed. Gas fireplaces and/or certified gas appliances may be installed. Staff recommends approval of the conditional use for the attached accessory dwelling unit with the following conditions: a. Prior to the issuance of any building permits the applicant shall provide a deed restriction to the Housing Authority for approval. The restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and shall be rented for periods of six months or longer. Upon approval of the deed restriction by the Housing Authority, the applicant shall record the deed restriction with the Pitkin County Clerk, Recorders Office and Planning Department. Of I IV, 1 U A. Engineering referral Comments B. Dr. Lampiris*Report C. Site Plans D. Durant Condominium Letter 2 AT CHMENT "A" MEMORANDUM To: Leslie Lamont, Planning Office From: Rob Thomson, Project Engineer Date: March 5, 1991 Re: Lewis 8040 Greenline Review and Conditional Use Review Parcel ID# 2737-182-96-005 Having reviewed the above application and made a site inspection, the engineering department has the following comments: 1. It should be noted that this project is located in an area where the potential for hazardous or toxic soils is high. If mine waste, waste rock or mine dumps are found during excavation, the applicants shall report this to the environmental Health Department prior to initiation of construction. 2. Because the City of Aspen annexed the Tipple Woods Subdivision in March of 1967 with no exceptions, the engineering department is unable to review the project regarding snow removal and maintenance, roads and driveways. 3. The water department believes there is sufficient domestic water for this project. 4. The fire department has indicated that the project will have to be sprinklered. 5. It is the engineering departments recommendation that as a condition of approval and/or prior to issuance of a building permit the applicant provide: a. A storm drainage plan, including calculations by a registered engineer of the State of Colorado. See Section 7-1004.C.4.f of the City of Aspen Municipal Code. b. Documentation as to the existence and authorized use of the two parking places. C. The existing structure is built on a pier and post system which is of minimal contact and disturbance to the existing terrain, contrary to this project with a fully enclosed foundation that would significantly increase the amount of contact and disturbance to the existing terrain. A site/grading plan should be provided indicating restoration and revegetation of the disturbed area to its original or better condition. Also, during excavation there should be protection provided for adjacent property owners and shoring to prevent excess sluffing as necessary. d. There appears to the an this project in that it does of -way for trail purposes. master trails plan, and the years. A signed trail provided. I have attached Aspen) for your information. error in the recorded plat for not show an easement and right - The trail is indicated on the trail has been in use for many easement agreement should be L survey (done by the City of e. A drawing showing the planned access and documentation for authorization of access for land other than public right-of-way. cc: Chuck Roth, City Engineer rt/memo9l.12 Proper soils engineering practices are the key to the future stability of this site. The home should be constructed to pclude the accumulation of radon gas as this is becoming re standard practice in the State. If there are further questions please contact me. - Sincerely, Nicholas Lampiris Consulting Geologist - WS jaw 1% All. ,*Zt. 60 fill IN pp, OWN lk 0 A - kid Attachment "D" ...... .r_Jaia. � •.-X WL.�....s t« .i..K ..+.rHt. rw. i.J..�-.n .�/�s.l.�.. •.�w.a. ..-4w..r .. •.:...ac •iF1L-.ilwo w..n �+.._.�. a. MJfs��iJ.'w.�. +'_+...a.�. .._✓..rw .�..r.��-.�..�w�a11.�:�.L.►M•. �•• __ .... .. ..ar:M.q.�n ww.L'.avi LAW orrlcEs O. PL--S, HUGHES R KNrzrVICI-i PROFESSIONAL Cor1PORATION • SUITE 200 600 EAST HOPKINS AVENUE LEONARD M. OATES ASPEN, COLORADO 61011 RODERT W. HUGHES ° RICHARD A. KNEZEVICH AREA CODE 303 DEDORAH QUINN September 4, 1981 TELEPHONE 920-1700 • TELECOPIER:9201121 Sunny Vann, Planning Director City of Aspen 130 S. Galena -Street Aspen, CO 81611 Dan MacArthur, City.Engineer City of Aspen . 1.30 S. Galena Street Aspen, CO 81611 Re: Ski, Hiking and Pedestrian Trail on Lot 14, Anthony Acres and Lot 5, Tipple Woods Subdivision Dear Sunny and Dan: In the last,few days I have been attempting to gain information as to the status of the above trail which exists in place on the Blitz'Property (High 'on the Hill Condominiums) now owned by Mr. Hemetter and on Lot 5, Tipple Woods Subdivisio owned b William Jose hp Yarborouy inquiry was and is for and n'�aoie Durano'nominium Association whose members, among other.members of the public, have enjoyed the utilization of the subject ski trails over a substantial period of time, and whose property enjoyment and value is enhanced by virtue of the existence of such trail. It forms a valuable and convenient access route from the Little Nell ski slopes to the Durant -Fifth Avenue- Fasching House,' 'et al. , condominium area of the City of Aspen (An- thony Acres).' Starting several days ago, I.made inquiry as to who at this point in time was in charge of and had a good handle on the City trail system. No one seemed to know. As a consequence, I made a request of Audrey in the Planning Office to look at the' City's trail map. She indicated to me that it was hanging in Allan Richman's office, but that Allan really had no responsibility with respect thereto. I reviewed the map in Allan's office, and could not find a designation of the above trail on that map. Allan re- ferred me to the City Engineering Office. There I met with Jay Hammond who indicated that the Engineering Department's records reflected no trail as respects the Blitz property or the Yarborough property, At thatpoint in time, I gave him documentation establish- ing the dedication of the portion of the trail situate on the Blitz Property and asked that the City's Engineering Department maintain a permanent redord of it. Lou Buettner of the City's Engineering AT17':, IIUCIIL.r, & KNE-Z,LVICIi, P. C. Sunny Van Dan MacArthur September 4, 1981 Page Two Department called me back later that. same afternoon, after having had'a discussion with Jay Hammond to indicate to me that he had no record of anything as affecting Lot 5, Tipple Woods Subdivision. Rather than let the matter drop at this point in time, because. of the importance of the existence of the trail to all of the tourist accommodation facilities situate in the Anthony Acres area, I made separate inquiry myself with the City Building Depart- ment to determine what things had been done on Lot 5, Tipple Woods i Subdivision (the Yarborough lot) requiring building permits and/or land use approvals. After reviewing the dead files of the City Building Department, I came up with the enclosed Planning Office memorandum dated August 8, 1979, and minutes of a Planning and Zoning Commission meeting dated August 7, 1979. ' These documents would reflect that an 8040 greenline review took place with res- pect to the Yarborough property .and that as a condition of the approval of that greenline review, that a trail easement be reserved along the existi, ngwtrail alignment; —tile wi o' w is was to have been e- ermine by the City Engineer. Apparently, this is as far as the matter•had gone in j 1979, and at that point in time, it simply had gotten buried. As an immediate matter, I would ask that the alignment and width of the ` trail be determined by the City Engineer. Upon such determination � being made, I would request that the City Attorney prepare a dedica- tion of this easement to be presented to Dr. Yarborough. I am as- suming that by virtue of the 8040 'greenline review approval, Dr. Yar- borough committed to the creation of the easement. I think this is important at this point in time inasmuch as the Durant Condominium Association has certain information which would lead it to believe that Dr. Yarborough intends to block the trail as of the commencement of the coming ski season. Such action would ap- pear to clearly violate the spirit of the 8040 greenline review and Will, of course, be a detriment to the neighborhood. In the event that Dr. Yarborough should be unwilling to execute an easement for the benefit of the public, then I think it would be appropriate that steps be taken to require or enforce the conditions of approval made in 1979 under the 8040 greenline review. As a general matter, while I do not intend to be critical of the Planning Office or Engineering Department, it would seem to me that these types of documents should not be misplaced or buried as this one has. There may, perhaps, be yet additional easements of great value to the public which. have not been perpetuated because DATE.:, I I t1GUES. &' I�; L•'ZI:VICII, R C. Sunny Vann m� Dian MacArthur - SopL-einber 4, 1981 Page Three of some administrative error. Were it not for the interest of the Durant Condominium Association in this trail and its willingness. to bear the expense it would not have been ca ed to theZ`i�y s .attention that it, in fact, does have a valuable pub- lic trail for access to the Little Nell ski slope. I would ask that 1 be apprised as to the progress which is made in resolving this inatter. Very truly yours., OATES, HUGHES & KNEZEVICH, P.C. ty` Leonard M. Oates LMO/caa Enclosure cc; Phillip R: Moore, President Durant Condominium Association Wayne Chapman, City Manager Lou Buettner, Engineering Department Mark Conklin, Manager Durant Condominium Association Paul Taddune, Esq. City Attorney i MEMORANDUM TO: Paul Taddune, City Attorney FROM: Louis Buettner, Engineering Department DATE: 2/23/82 RE: Ski, Hiking and Pedestrian Trail on Lot 14, Anthony Acres and Lot 5, Tipple Woods Subdivision -------------------------------------------------------------- Will you please draw up the necessary documents as requested in the attached letter from Leonard Oates. You will also find attached: 1. The trail centerline descriptions. 2. A drawing depicting the trail centerline through the property. If you have any questions please give me a call. LB/co Enclosures "�j �Vcz�n. OVAI-1 Vo�\ 0 900k 3, Na? 37% 1:4 COR 9 ORIGINAL ASI.04 101vt,"'-ITF N 7,103600'W N 19600'29"'E LOT 3 '29, G. 9 8' 41 co 0 S .5 7 0 40' 11 W 0 0 LOT - 4 -o 0 -o 0 S 580 49'41 W 41.20' LOT 5 S 400 580 1" W N75000'064 11429' 60.00'/ 60.0 0, 69.47' N 74;/30'00" W 120.00 t-: LOT 14 S 28 0 40'09" W (ANTHONY ACRES) 41.14' L-SI00-34'39"W 92.17' Q FOOT TRAIL EASEMENT ti S 36O 3 4'09" W 229.30' 0 30 fln 0 SCALE: 1 = 60' 0 0 (4 7. 7 7) N 74' 300(')** W 32") 35'27 116-8 EXI-I'iBIT LITTLE HELL FOOT EAST-MENT i IlkSPEN p3 i 17 a R 13O iY 'treet r i p e d,, C o. r A-, da 8- 16 11 1•020 Paul J. •Taddunc City Attorney Bar'ry D. Edwards Assistant City Att,)rnw ' January 20, 1984 Tit Dr. William J. Yarbrough 1010 Wilder Avenue Apt, 1001 Honolulu, HI 96822 Re: City of Aspen; 8040 green line review, and requirement for trail casement dedication Dear'Dr. Yarbrough: The engineering department for the City of Aspen has surveyed the trail center -line across your property in Tipple Flood Subdivision, as required during your 8040 green line review in August, 1979, before the planning and zoning commission. I enclose copies of the record of. proceedings of the Aspen Planning and Zoning Comission for August 7, 1979, and a memorandum to the City engineering department from Karen Smith of August 8, 1979, documenting this requirement. To that end, I enclose an original and a copy of an easement agreement that has been prepared for your signature and approval by the City of Aspen. Would you please review the easement agreement, and return the original of the agreement to met signed and notarized, at your earliest convenience. Of course, should you have any questions about the requirements for trt;til casement declic,jt--iori, ple,,se this office. Very _tyuly yours, Assist-Orit City Attorney BDE:gms Encl. arOeLIOM110 co.. RECORD 4 E PROCEEDINGS J-�s-,oet.i.n~ Aspen Planning and Zoning Commission 'August' 7� .1979" Iiedstrom felt there were two questions: the use .of public property in a public zone by a private company and the desirability of the possible affect on the neighborhood. Pardee felt the third question is the'loss of use of a structure that was built with public funds•for the public, Ile suggested letting the taxi -company use the stables in the winter when it is necessary to be near town. Ochs ' noted they are using two of the four stalls, two horses ix • one stall and one horse and the tack in the other. Hunt asked if the public would be getting some income from the use. Ochs said they would.pay-$50/month. Bunt moved to determine the use of the County Stable facil ties -by a horse -driven taxi company within the -original conditional use provided that: 1) the stalls be cleared daily of manure and at all times properly maintained to avoid obnoxious odor, 2) that no maintainance or repair of the horse -driven vehicles be accomplished on -site, 3) main tain the grounds -in a sanitary, litterfree state, 4)' the approval be conditioned on a hearing being held'sometime in October of this year to review the extent of compliance with the stated conditions and with neighborhood impacts, 5) no more than two horse -powered vehicles be parked on th property, and 6) the horse -driven taxi company occupy no more than two -of the existing stalls, however, are respon- sible for the service maintenance of all four stalls, Pardee seconded. All in favor, motion approved, -!ibrough Smith noted the P&Z attended a site inspection of the :!4-0 Greenline property. She added to her list of conditions that the :view applicant comply with the construction techniques and - inspection requirements suggested in the letter of Bob Bas) from Lincoln Devore Lab dated August 6, 1979. She also added the trail easement and an*escrow for landscaping to the.list of conditions. Klar asked if the adjacent properl owners were aware of the fire access problem. Smith noted some of the adjacent properties were put through the same• review. There is no notice requirement for this type of application. The Fire Marshal has suggested several modi- fications that will make firefighting easier which the applicant has agreed to comply with. McDonnell asked who would check to be sure these requirements, -.-such as the.. -fir( cabinet with firefighting.equipment, would be maintained after the approval. Smith said the Fire Marshal makes the inspections. Pardee asked about the liability on the ease- ment. Stock said the liability on the improved trail woule lie with the City. Pardee moved to approve the Yarbrough 8040 Greenline Reviev subject to the following: 1) the conditions recommended by -the Fire Marshal that a 2" standpipe be installed betwee Yarbrough's property and Galena Street as a supplement to the existing fire hydrant on the property immediately to the South; hose and other necessary fire equipment to be stored in a cabinet adjacent to the property, 2) a covenant of indemnity be implemented to absolve the City from any responsibility in the case of fire, 3) a trail easement .0e reserved along the existing trail alignment the width of which to be determined by the City Engineer, 4) pursuant to the recommendation of the Aspen Water Department, water hookup is made on the 6" main supplying the Blitz residence 5) that there be an'escrow placed in reserve for landscapin specifically for the replacement of dead trees and any vegetation d,:.;maged by construction, 6) the buildin;; is ca►{- structed of fire resistant materials to to one -hour standards, 7) the recommendations for construction and �n- in the August 6, 1979, letter of Lincoln Devore be a condition of approval, McDonnell f;econdcd. All in fi-ivor. , motion approved. .�•,..+.. �. L.._•i't...:el.. .- _..•.�w.e ... .+r.1.04.• - _.wi..u%-.9•M.1`M+l'11M.�JL....�4u... a. �.Ki1►�1"1r" wtJ:..a.iYT=— .l./Y.MY'a4 iS.9il..iw�`M�.i+41�Y1"'�-•���tW..l" 'i.ta.:.tiM.4'+J.►s Y�.1._ MEMORANDUM TO: Dave Ellis, City Engineer '-Clayton Meyring, City Building Inspector FROM: Karen Smith, Planning Office RE: Yarbrough 8040 Greenline Review DATE:: August •8, 1979 On August 7, 1979, the P and Z approved the Yarbrough -single family house in Tipple bloods Subdivision with numerous conditions. -While the minutes will g;lve you the seven conditions, I did want to immediately point three out: 1. That an escrow amount be set aside to cover replacement landscaping. The amount is to be determined by the bid price of a landscape plan. That a trail easement be reserved of a width to be determined by .�� the City E gin . • 3. That the recommendations of the Auguste 6th letter of Lincoln DeVore be implemented in view of any potential soils or geologic problems. Please note that this includes a require'nent of inspection by a soils engineer at time of excavation and modification of conditions at that time. -10 to . .P.S. minutes not completed yet -Sheryl will give you both copies when completed.. EASEMENT AGREEMENT THIS AGREEMENT is made and entered into this day Of 1984, by and between-WILLIAM JOSEPH o YARBROUGH ("Yarbrough"), and THE.CITY OF ASPEN, COLORADO, -a municipal corporation("City"). tnI I T N E S S 17 T li: THAT, WHEREAS, Yarbrough is t.he owner of the following_ described reel property locatej itt Pno itkin Couty, Colorad, to -wit: 5, Tipp Uloc)(Is Sill, 1�. ­l 1,011 U11HEREAo, there W:t.- Judicot_(:d hiin •said re -al property, pursuant L.o an 8040 litio by the Cj(:Y's Plarintill'-] and Zoning Commission, ­ii Au(Just all and right-of-way for tra-il purposes, tliu width and! Alignment of which was to be ceteri%ined by the City Engineer for the City, and, WHEREAS, the City `(,)r the City 1,ws determined the width and alignment of tlie easement and right-of-way; and, WHEREAS, Yarbrough wishes to formalize the grant of the easement and right-of-w-iy for trait purposes, and to dedicate a perpetual easement right-of-way for the same, under the terms and conditions ;(­U foitlli horolll; NOW, I , 11E1=ORE, ii; cciisiderat-tori of the MUtUZ11 botlefit-S to be deriv,d therefrc.—, the partics, agree as follows: 1. yell"brouqh bar(11.111 !;S1 --jells, Conveys all".1 c: o i : f i r m, s ,j r i t I i (:, C j. t. s s ii c (2c 3 a i I d assi fills , .1 11of 1- 0 xC 1, u r a n v; i ly over 111 the real pi-:!:wrt­ de-;.-: ih-d oi" _.(--Iled Exf)ihit "A," hoiliq (115) fei )[i ,,evcql dil(l .)tl( fec,t_ on c0literlit;(.1 tix. t agreement for reference purposes, and designated as Exhibit*"B.". 2. The City, its successors and assigns, shall have -and hold the described easement and right. -of -way forever, subject to the following: a.) The easement and right-of-way granted herein shall be used only as a multi -purpose trail for pedestrian, bridle, ski -touring, biking, and other forms (-.)f traffic not involving the use of motorized vehicles; b.) The City, its successors or assigns, shall be responsible for the development, repair and maintenance of said wail easement, shall havo the right at.. all times to improve, by paving (,r otherwise, all or a portion of said easement. THIS E,;%SL'M11,'NT J'%Gi.',':EMENT shall bo binding upon aij(j to the bcne!'iL of the ;),.irties a.,,(J their respective successor s and assigns. IN WITNI]SS WHEREOT', yarhrou(jh li._is executed arid the forego ii:,t io',ascmen! 1984. STATE OF COUN'l'Y OF I e t re Tre by .0 Y D 47 9 4. 1r, V 11fand -on exi,; Conscrited to and appr,-.)-.­d: "111" C-1' 'I' OF ASPEN ATTEST: I.. S t. i r 1 i Kathryn S. ISSUED DRAWN I CHECKED THEODORE K GUY ASSOCIATES PC ARCHITECTS AND STRUCTURAL ENGINEERS P.O. BOX 1 B40 BASALT, COLORADO B 1 B21 (303) 927-31 B7 c b►� AL Z. -►_dCz�r-gip or SHEET OF ISSUED I DRAWN I CHECKED THEOOORE K GUY ASSOCIATES PC ARCHITECTS AND STRUCTURAL ENGINEERS P.O. BOX 1 640 BASALT, COLORADO B 1 621 (303) 927-3167 SHEET OF ., i . 1 Aa � � � t � i / - -_ _ , _ , ti► � . -•tom =- Ar •0- JTA6 J �l r i r 2 ' c! Dd D ssH �nD A MJ0003HI S T : C.T T6, 90 -1 �D. S�FF�ci�xN' w4�cILPRos�wt�, awD ut�G�ras c6�eaew(4^� 6xt+T i► ,� PARopa. . Vft Atreo AP6Owrgiv room Tomp M-ft-&6 CITY OF ASPEN PRE-APPL1CATIQN.,CONFERENCE SUMMARY PROJECT: APPLICANT'S REPRESENTATIVE: REPRESENTATIVE'S P NE: C-D OWNER'S NAME: SUMMARY 1c) 1. Type of Application: 11V az- 2. Describe action/type of development being requested: types of reports requested: Policy Area/ Referral Agent Comments Review is: C(P&Z Onl (CC Only) (P&Z then to CC) 4. I 5. Public Hearing: r'-(YES (NO) 6. Number of copies of the application to be submitted: 7. What fee was applicant requested to submit.-- 8. Anticipated date of submission: 9. COMMENTS,/U]gIQUE , CONCERNS: J- A- ILL o P I- t--_CLPIJ • • � i � ' ' • • �I' • Sri' RE: LEWIS CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT AND 8040 GREENLINE REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 19, 1991 at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Rick Lewis requesting Conditional Use Review approval for an approximately 500 sq. ft. accessory dwelling unit to be constructed within a single-family residence located on Galena Street, Lot 6, Tipple Woods Subdivision. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. s/C. Welton Anderson, Chairman Planning and Zoning Commission TO: City Engineer Housing Director FROM: Leslie Lamont, Planning Office RE: Lewis 8040 Greenline Review and Conditional Use Review Parcel ID# 2737-182-96-005 Case #A9-91 DATE: February 28, 1991 Attached for your review and comments is an application from Rick Lewis requesting approval of 8040 Greenline and Conditional Use Reviews for a single-family residence with an accessory dwelling unit on Lot 6, Tipple Woods Subdivision. 61A rAf r4 I cjrmm Al �, �^,*. i �t ftry J "' n2 C 0. 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