HomeMy WebLinkAboutFile Documents.345 Park Ave.0081-2021-BRES (5)Page 1 of 4
NOTICE OF APPROVAL
FOR AN ADMINISTRATIVE EXEMPTION OF STREAM MARGIN REVIEW FOR
DECK RECONSTRUCTION ON THE PROPERTY COMMONLY DESCRIBED AS 345
PARK AVENUE UNIT #2, AND LEGALLY DESCRIBED AS UNIT 2, COLAS
CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM PLAT THEREOF
RECORDED APRIL 14, 1999 IN PLAT BOOK 49 AT PAGE 17 AND AS DEFINED AND
DESCRIBED IN THE DECLARATION OF COVENANTS RECORDED APRIL 14, 1999
AS RECEPTION NO. 435038. COUNTY OF PITKIN, STATE OF COLORADO
Parcel ID No. 2737-07-48-1002
APPLICANT: Sean Cusack, Cusack Management Trust
345 Park Avenue
Aspen, CO 82611
REPRESENTATIVE: Judd Clarence, Giant Properties, Inc.
PO Box 2652
Aspen, CO 81612
SUBJECT & SITE OF APPROVAL:
The Applicant has requested a Stream Margin Exemption for the replacement of a deck that was
removed after it collapsed. The subject property is 345 Park Avenue, Unit 2 of the Colas
Condominiums, with a Parcel ID of 2737-07-48-1002.
SUMMARY:
The applicant has requested approval to replace a deck at 345 Park Avenue #2. The applicant has
indicated the deck would be built as originally planned and permitted without expansion and
without going beyond the original building envelope. As such, the deck replacement would
not result in an increase to the existing floor area calculations. The original deck was rotting and
ant infested. Engineering reports indicate that the applicant may reuse existing deck columns
if no remaining decay is in place.
History of Property and Deck Permitting
The 345 Park Avenue #2 condominium was constructed in 1999. The City of Aspen reviewed
architectural drawings and site plans from 1996-1998; these documents show the second story
deck and guardrail proposed on the southwest side of the property, indicating that the original deck
was approved upon construction of the property. The upper-level deck is shown on the
southwest corner of the property on a survey dated June 2015, which was revised January 2021.
On the next page, images from the 1997 permit and the 2015 survey illustrate the deck location in
red shading. These images indicate that the deck was part of the original permit information
and appears to be legally established. The deck appears in the same location on the
2015 survey drawing.
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Stream Margin Review
The provisions of the stream margin review apply to all development within one hundred (100)
feet from the high-water line of the Roaring Fork River and to all development within the Flood
Hazard Area, also known as the 100-year flood plain. The property’s proximity to the Roaring
Fork River makes it subject to a Stream Margin Review. To qualify for an exemption, it must meet
the criteria laid out in 26.435.040.B – Stream
Margin Exemption.
STAFF EVALUATION:
Deck Permitting
The original permit notes that 4,131.96 square feet
is the allowed FAR for this parcel. Based on permit
records, the floor area of the Colas Condominiums
is approximately 4,128 square feet, as calculated in
1998, and the deck that is the subject of this
application was approximately 325.24 square feet.
According to the original permit, there were other
decks on the property, totaling 442.47 square feet.
The image to the right displays a portion of the
zoning analysis that was included on the original
permit, indicating that 442.47 square feet of deck
space was built upon construction of the two
condominium units and an ADU. Zoning code at
the time of this permit allowed for 15 percent of
allowable FAR for the construction of the deck.
Floor area allowances for this 15,155 square feet
parcel of land, with a net lot area of 9,866 are
unchanged from the original calculations. In Zoning analysis from original permit.
1997 Permit Drawing 2015 Survey Drawing
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referencing the R-6 zone today, allowable floor areas for two detached dwellings in the R-6 zone for
this lot is 4,132 square feet. The allowable deck size is therefore 619 square feet for decks on the two
units. Staff finds that the deck was legally established within the parameters of allowable square
footage for this zone.
Stream Margin Review
Pursuant to Section 26.435.040(B3), the Community Development Director may exempt the
expansion, remodel, or reconstruction of an existing development provided specific standards are
met.
Staff finds that the applicant’s request meets the requirements for the Exemptions for Stream
Margin Review. The property proposes to replace an existing deck in the same footprint. The deck
is beyond the stream margin line defined in GIS. A top of slope determination has not been made,
but because the property has an established building envelope, the top of slope and 15-foot top of
slope setback do not apply to this project so long as all improvements remain within the building
envelope. With the building envelope there are no applicable Engineering standards that are
violated with the proposed deck development. The applicant has represented the deck would be
built as originally planned and permitted without expansion and without going beyond the original
building envelope. In summary, staff has evaluated the application and determined the following:
a)The development does not add more than ten percent to the floor area of the existing
structure or increase the amount of building area exempt from floor area calculations more
than 25 percent.
b) The development does not require the removal of any tree.
c)The development is located such that no portion of the reconstruction will be any closer to
the high water line than is the existing development.
d) The development does not fall outside of an approved building envelope.
e)The reconstruction will not cause an increase to the amount of ground coverage of
structures within the 100-year flood plan.
Therefore, considering the review criteria for an Exemption from Stream Margin Review, staff
finds that the request to reconstruct the deck at 345 Park Avenue qualifies for an approval.
DECISION: The Community Development Director finds the request for Exemption from
Stream Margin Review at 345 Park Avenue as noted above is consistent with the allowances
in Land Use Code Section 26.435.040(3) and hereby APPROVES the Exception for Building
Code Compliance as specified above with the following conditions:
1.The applicant must apply for and receive application for a building permit for
construction of a new deck, and application must confirm the same size and location
as the original deck.
2.For permit submittal, the applicant must demonstrate that the deck complies with
floor area limitations and that the property has enough exempt ‘deck’ area to
accommodate the proposal. If the 15% deck exemption is exceeded, then the overage
would be attributable to floor area, in which case the applicant must provide a full
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set of floor area calculations for the entire lot. These calculations must be confirmed
for conformity to the R-6 zone by the Zoning Officer.
3.For permit submittal, the project will need to provide a Construction Management
Plan and means and methods for how the deck will be constructed without damage
to the existing river slope.
4.A tree protection plan must be created, and any required tree removal permits must
be approved prior to building permit issuance. No activity or storage of material is
allowed within the Tree Protection Fencing.
5.All development and site disturbance must be contained within the established
building envelope.
APPROVED BY:
______________________________
Phillip Supino, AICP Date
Community Development Director
CONSENTED TO:
___________________________ ______________________
Signed: Date
Attachments:
Exhibit A – Proposed Deck Plan (Recorded)
Exhibit B – Review Criteria (Not Recorded)
Exhibit C – Application (Not Recorded)
May 13th 2021
Judd Clarence
Phillip Supino 5/17/21
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Proposed Deck06/04/2021