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Home My WebLink Aboutcoa.lu.ca.0060.2011.ASLU0060.2011.ASLU 130 S. GALENA ST INTERPRETATION STREAM MARGIN REVIEW 6 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0060.2012.ASLU PARCEL ID NUMBERS CODE INTERPRETATION PROJECTS ADDRESS 130 S. GALENA ST PLANNER JESS GARROW CASE DESCRIPTION CODE INTERPRETATION REPRESENTATIVE CITY OF ASPEN DATE OF FINAL ACTION 9/19/11 CLOSED BY ANGELA SCOREY ON: 8.29.12 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: 21 '�i s .��- �U i i L � oLl A. Sig 'at X ❑ Agent ❑ Addressee B. Received by ( Printed Name) C. to of D livery "- D. Is delivery address different from item 17 ❑ es If YES, enter delivery address below: ❑ No 3. S ice Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. ArticleNumber 91 7199 9991 7030 0670 4025 • (Transfer from service Labe _ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • b �-Commv� etrwr� a e�� 0060.20 f I ..�c-U Fib Edit Record Navigate Form Reports Format Tab Help Routing Status Fees Fee Summary Main Actions J Attadiments RoutI g History J Valuation Archf Eng Custom Fields Sub Permits 1 1 a Permit type 'aslu iAspen Land Use i P 0602011.A&U N -� Address 130 S GALENA qp HALL I °o Gty ASPEN State CO Zip t 611 J Permit Information x - - - Master permit Routing queue aslu07 Applied 9F 011 0 z Project Status pending Approved 0 h Description REQUEST FOR CODE INTERPRETATION ON SECTION 26.435.040.A. STREAM MARGIN Issued ! • IF?PVIPW Submitted Submitted via (l EiDays ❑0 Expires 9!1!=012 Owner Last name CITY HALL First name 801 CASTLE CRK Phone () Address ASPEN CO 81611 Applicant [] Owner is Micant? 0 Contractor is applicant? Last name IDAVIS First name 1ALICE PO BOX 2015 Phone () Cust # 22937 ASPEN CO 81612 Address Lender Last name First name Phone () Address Displays the permit lender's address 02C 5� AspenGold5 (server) angelas -1 d 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I, !!�A (name, please print) being or represerking an Applicant to the City of Xspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26,306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. _ Signaturd The for oing "Affidavit of Notice" was acknowledged before�e this 3 day of O , 20l by r-�G PUBLIC NOTICE RE: INTERPRETATION OF THE LAND USE CODE - STREAM MARGIN REVIEW NOTICE IS HERE8 GIVEN that a code interpreta- tion regarding thr �pticability of Stream Margin Review, Section 26.435.040 of the City of Aspen Land Use Core, and the definition of development subject to t seam Margin. Section 26.104.100 of the City of�Aspen Land Use Code, requested by Glenn Horn of Davis Horn, was rendered by the Community Development Director on 9/19/2011 and is available for public inspection in the Com- munity Development Department. For further in- formation contact Jessica Garrow at the City of As- pen Community Development Department. 130 S Galena St, Aspen. CO, (970) 429-2780. Published in the Aspen Times Weekly on October 2, 2011. [7056595] WITNESS MY HAND AND OFFICIAL SEAL My commission expires: XA0 If tary Public ATTACHMENTS: , COPY OF THE PUBLICATION ��11�'11111I.�D1►`l COMMUNITY DEVELOPMENT DEPARTMENT LAND USE CODE INTERPRETATION JURISDICTION: City of Aspen APPLICABLE CODE SECTIONS: Section 26.435.040.A — Stream Margin Applicability Section 26.104.100, Definitions — Development EFFECTIVE DATE: WRITTEN BY: APPROVED BY: COPIES TO: APPROVED SFP 19 201 September 19, 2011 Jessica Garrow, Long Range Planner Chris Bendon, Community Development Director City Attorney City Planning Staff COMMUNITY DEVELOPMENT DIRECTOR SUMMARY: CITY OF ASPEN This Land Use Code interpretation is being issued in response to an inquiry with regard to the applicability of the Stream Margin Review section of the Land Use Code. The request was filed by Glenn Horn of Davis Horn Inc and asks that the Community Development Director clarify the applicability of Stream Margin Review for parcels of land that are located within 100 feet of the high water line of the Roaring Fork River and its tributaries when the proposed development on those parcels is located more than 100 feet outside of the high water line. The requester shall have the right to appeal this code interpretation, as outlined below. BACKGROUND: The Land Use Code states that development located within designated areas is subject to heightened review so as to reduce and prevent property loss by flood while ensuring the natural and unimpeded flow of watercourses. All development located within 100 feet of the High Water Line of the Roaring Fork River or its tributaries, or within the Flood Hazard Area is subject to Stream Margin Review. There has been some confusion in the past as to whether the review applies to development on a parcel which is located in these areas even if the development itself is not located in these areas. DISCUSSION Staff has relied on two (2) sections of the Land Use Code, to render this interpretation. Following are the sections, with emphasis added: A. Section 26.435.040.A, Stream Margin Review — Applicability. Page 1 of 3 • "The provisions of the stream margin review shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams and to all development within the Flood Hazard Area, also known as the 100-year flood plain." B. Section 26.104.100, Definitions — Development. The use or alteration of land or land uses and improvements inclusive of, but not limited to: 1) the creation, division, alteration or elimination of lots; or 2) mining, drilling (excepting to obtain soil samples or to conduct tests) or the construction, erection, alteration or demolition of buildings or structures; or 3) the grading, excavation, clearing of land or the deposit or fill in preparation or anticipation of future development, but excluding landscaping. Citation A states that Stream Margin Review applies to all development that is located within the Flood Hazard Area or within 100 feet of the High Water Line of the Roaring Fork River or its tributaries. Citation B defines development as the construction, alteration, or demolition of buildings or structures and the grading, excavation, or clearing of land in preparation for construction, alteration, or demolition of a building or structure. INTERPRETATION Stream Margin Review applies to all development that is located within either the Flood Hazard Area or within 100 feet of the High Water Line of the Roaring Fork River or its tributaries. If one or both of these areas falls on a parcel, but the development is not located in these areas, then Stream Margin Review does not apply. See Figure 1, below, for an Example: Figure 1 — Development not subject to Stream Margin Review Page 2 of 3 If a only portion of a parcel falls in these areas, then development on only that portion of the parcel that falls within the Flood Hazard Area or within 100 feet of the High Water Line of the Roaring Fork River or its tributaries must be reviewed under the Stream Margin — Stream Margin does not apply to development on a parcel outside of these areas. See Figure 2, below, for an Example. — Flood Hazard Area I 100 Feet from High Water Line — Area of parcel subject to stream margin Figure 2 — Development subject to Stream Margin Review (only the highlighted portion of the development is subject to Stream Margin) APPEAL OF DECISION As with any interpretation of the land use code by the Community Development Director, an applicant has the ability to appeal this decision to the Aspen City Council. This can be done in conjunction with a land use request before City Council or as a separate agenda item. 26.316.030(A) APPEAL PROCEDURES Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. Page 3 of 3 o .- p®p®p® O� o r N e $ ^: OD s�NW 0 �} (. N N 0 co s o J '41Nn o o RJ = v V)i o - z- z= = .�� wzWOae,o �.. o =OzWg r� zx0! Jcn2�W p m N a o- �� o- Er -- ❑- n- z W a� z 00 " o a a V ou DavisHorn�- PLANNING & REAL ESTATE CONSULTING September 6, 2011 Jennifer Phelan AICP Aspen Community Development Department 130 South Galena Street Aspen, CO. 81611 CF'E D SEP U 6 2011 CITY OF ASPEN COMMUNITY U'EVELOr VIENT RE: Request for Code Interpretation on Section 26.435.040.A: Stream Margin Review Dear Jennifer: You may recall that in March and April of this year we had several discussions regarding Stream Margin Review Regulations. I am writing to ask for written verification of an interpretation of the section of the City of Aspen Land Use Regulations (referred to herein as the "Code") regarding applicability under Stream Margin Review. The Stream Margin Review section of the Code, Section 26.435.040.A titled Applicability states: "The provision of the Stream Margin Review shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, and to all development within the Flood Hazard Area, also known as the 100-year floor plain." We interpret this section of the Code to mean that Stream Margin Review does not apply if development on a property is more than 100 feet away from the high water line and is not within the Flood Hazard Area known as the 100-year flood plain. The Code here states that development cannot be within 100 feet of the high water line; it does not refer to a lot or a building envelope but rather to the development on a lot. If a lot is within the 100 feet of the high water line of the Roaring Fork River (and its tributary streams), we interpret the Code to mean that the Review does not apply as long as the development on the lot is more than 100 feet away from the high water line. In our case, the lot designated on an approved subdivision plat is 99 feet and three (3) inches from the high water line of the Roaring Fork River. The lot is therefore nine (9) inches shy of being 100 feet from the high water line. Although the lot is 99 feet three (3) inches from the high water line of the River, the approved building envelope designated on the lot is approximately 125 feet from the high water line and the proposed development will be more than 125 feet from the high water line. Therefore the Stream Margin Review does not apply. ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 adavis@rof.net ghorn@rof.net The completed proposed building plans for this lot propose development substantially further than 100 feet from the high water line of the River and at a minimum will be 125 feet from the high water line. All development will be located more than one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and will not be within the Flood Hazard Area, also known as the 100-year flood plain. The owner of this property is getting ready to submit building plans for this property pursuant to our discussions on this issue, but has asked us to verify your agreement with our Code interpretation, in writing, prior to submission. If you agree with this interpretation, please indicate your agreement with either your signature at the bottom of this letter or by writing a letter of your own indicating you concur with this interpretation. Again, we know that we have had numerous discussions with you about this, but our client is requesting we get this verification in writing from you. Thank you very much for your time and attention to this matter. Sincerely, DAVIS HORN INCORPORATED zt-A- GLENN HORN AICP I am in agreement with the above interpretation of the City of Aspen Land Use Regulations. My signature below indicates that I concur with the interpretation of the Stream Margin Review Applicability section of these Regulations as stated in this letter. Jennifer Phelan AICP Aspen Community Development Department THE CITY of ASPEN Land Use Application Determination of Completeness Date: September 7, 2011 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0060.201 LASLU — Interpretation ,Stream Margin Review). The planner assigned to this case is Jessica Garrow. ❑ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us 'to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: f there are not missing items listed above, to begin the land use review process. then your application has been deemed complete Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. T ank You, ( 11 jV X;�R ennifer lan, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes Now_ Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No -)4, Commercial E.P.F. • CITY OF ASPENt Y I • e r Permit Receipt i E �- H N U L U O I E S RECEIPT NUMBER 00030295 Account Number: 22937 Applicant: ALICE DAVIS Type: check #13282 0060.2011.ASLU LU Code Interpretation Date: 9/7/2011 Amount 50.00 Total: $50.00