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Home My WebLink AboutLand Use Case.1210 Red Butte Dr.A05199-- PN: 2735-013-16005 Case A051-99 1210 Red Butte Stream Margin Exemption 9AA/RED â‚¬13&> 2 1 ,-~d PARCEL ID: |2735-013-16005 DATE RCVD:-|6/1/99 # COPIES.11 ** CASE NO|A051-99 CASE NAME:~1210 Red Butte Stream Margin Exemption PLNR:~Sarah Oates PROJ ADDR:|1210 Red Butte CASE TYP:|Stream Margin Exemption STEPS1 OWN/APP:~Brian Hazen ADR~720 E. Hyman Avenue ' C/S/Z: ~Aspen, CO 81611 PHN:~925-1400 REP:|Stan Mathis ADR:~7515 Coal Creek Circl C/S/Z:~Colorado Springs, C PHN1(719) 390-6065 FEES DUE:|460 (d) FEES RCVD:|460 STAT: F REFERRALS| REF:| BY| DUE:| MTG DATE REV BODY PH NOTICED bl . DATE OF FINAL ACTION:~ CITY COUNCIL: REMARKS| PZ: BOA: CLOSED:~ ~ BY:| DRAC: PLAT SUBMITD: ~ PLAT (BK,PG):| ADMIN: 7 i :7 ~ r J V -31-1, 21.4 ''70 MEMORANDUM TO: Julie Ann Woods, Community Development Director ~~' 50 FROM: Sarah Oates, Planning Technician RE: Hazen Stream Margin Exemption-1210 Red Butte Drive DATE: June 21, 1999 SUMMARY: Brian Hazen, owner, has applied for an exemption from the Stream Margin Review to enclose two existing decks for the purpose of adding a bedroom, family room and expanding the master bedroom. The addition is 450 square feet, which is an 11% increase in floor area. Staff believes the amount over the 10% exemption cut off, 40 square feet, is insignificant enough that the review can be handled administratively. Further, because the addition is not increasing the footprint of the building, nor is there any development closer to the river, this request does not require a review before the Planning and Zoning Commission. APPLICANT: Brian Ilazen. Represented by Stan Mathis. LOCATION: 1210 Red Butte Drive. ZONING: R-15. Moderate-Density Residential. REVIEW PROCEDURE: Development that meets the criteria in Exhibit "A" may be approved by the Community Development Director. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." The application has been included as Exhibit "B." RECOMMENDATION: Staff recommends the Community Development Director approve this Stream Margin Exemption with the following conditions: 1. The development may occur as represented in this application. 2. The proposed work is outside of the 100 year floodplain. 1 3. Prior to construction, the applicant shall obtain all necessary permits from the Building Department as required. 4. Prior to submitting an application for a building permit, the applicant must prepare a drainage plan that demonstrates that runoff during construction will be maintained on the site and not permitted to drain to the river. Lt 5. Prior to application for a building permit, the owners shall grant a fisherman's easement re,-A'/ 6~EdÂ·3"Â¥Â¥zA across their property within five (5) feet of the high water mark for fishing purposes, - 7 0.-uÂ» h 12,2-/ bu ; 14- /K 1 - 1405 6. If the newly enclosed area plus the area ofthe exiting structure exceeds 5,000 square feet, the newly enclosed area may be required to be sprinkled. The plans will be reviewed with the Fire Marshall at the time of application for a building permit. 7. Given the continuous problems of unapproved work and development iii the public rights-of- way adjacent to private property, we advise the applicant as follow: The applicant must received approval from City Engineering for design of improvements, including landscaping, within the public rights-of-way, Parks Department for vegetation species and for public trail disturbance, and Streets Department for mailboxes, street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from the Community Development Department. 8. Any further additions to the structure will require a Stream Margin Review by the Aspen Planning and Zoning Commission per Section 26.68.040 of the Aspen Municipal Code. APPROVAL I hereby approve this Stream Margin Exemption for an addition to the Hazen residence, 1210 Red Butte Drive, with the above conditions listed 1-8. Qlz:UAA date__110 /99 6/ J,(Me Ann Woods, Community Development Director V ACCEPTANCE: I, as a person being or representing the applicant, do hereby understand and agree to the conditions ofthis approval and certify the information provided in this application is correct to the best of my knowledge. = 0 - 3%4. 1/- da= /. '.1 1 Brian Hazen, owner/ ATTACHMENTS Exhibit A-Staff Comments Exhibit B-Application 2 EXHIBIT A ~TAFF COMMENTS: Section 26.68.040(C) Exemption. The expansion, remodeling, or reconstruction of an existing development shall be exempt from stream margin review if the following standards are met: 1. The developmentdoes not add more thanten (10) percent to thefloor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five (25) percent. Staff Finding: The proposed addition is 450 square feet, an 11% increase in floor area. The addition is only 40 square feet over the 10% increase in floor area, the addition is not changing the footprint of the building, nor is it creating development closer to the river. 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 13.20. Staff Finding: No trees will be removed. 3. The development is located such that noportion ofthe expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development. Staff Finding: The expansion will not be any closer to the high water line than the existing development. 4. The development does notfall outside of an approved building envelope if one has been designated through a prior review. Staff Finding: The proposed enclosure does not fall outside the existing building envelope. 5. The development is located outside of the special flood area and more than one hundred (100 feet measured horizontally from the mean high water line of the Roaring Fork River and its tributary streams, or the expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage Of structures within the specialflood hazard area. Staff Finding: The development meets the second standard. 6. All exemption are cumulative. Once a development reaches the totals specified in Section 26.68.040.C. 1, a stream margin review must be obtained pursuant to Section 26.68.040.B. Staff Finding: A condition of approval is that any additional development must go through a Stream Margin Review in front of the Aspen Planning and Zoning Commission. City of Aspen Community Development Department Standard Application Package Staff Approval Applications Attached is a Development Application package for submission of your application. Included in this package are the following attachments: 1. Development Application Fee Policy and Fee Schedule 2. Application Form 3. Description of Minimum Contents of Development Application 4. Description of Specific Contents for Submission of your Application (insert appropriate attachment) 5. Copy of Review Standards for Your Application (insert appropriate attachment) 6. General Summary of Your Application Process (insert appropriate attachment) Generally, to submit a complete application, you should fill in the application form and attach to it that written and mapped information identified in Attachments 3 and 4. Please note that all applications require responses to the review standards for that particular development type. The standards for your application are listed in Attachment 5. We strongly encourage all applicants to hold a pre-application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described to you. Please aIso recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. LAND USE APPLICATION PROJECT: Name.. fhkE,3 RE/1 0 A F Â£ Location: /0/0 Ad AdG 4. 6445, 54*,AAEd.\ - 6-1#41 co (Indicate street address, lot & bloZR number, legaf description where approp*ate) APPLICANT: Name: AR/861 1. 01*2-43 Address: '73.G r . 49 Bl k )44 E . - AsPED, co Phone #: 990 - 949-/Â«do 60\ 9 A-- 5-s#5- (3.1 REPRESENTATIVE: Name: ff 'ovt is Address: Ils i F Coat l CLeLK. e.al-dc- Co lo. s,a.,ATs, Ca 559/ 1 -Phone#: C 7/ 9) - 390 - Go o r- h * 8-00 - 8% 2,- 60/ 3 (~-~2) TYPE OF APPLICATION: (please check all that apply): Conditional Use U Conceptual PUD El Conceptual Historic Devt Special Review U Final PUD (& PUD Amendment) m Final Historic Development Design Review Appeal 2 Conceptual SPA El Minor Historic Devt. GMQS Allotment ~1 Final SPA (& SPA Amendment) m Historic Demolition GMQS Exemption Q Subdivision [J Historic Designation ESA - 8040 Greentine, Stream m Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split El Temporary Use I~ Other: El Lot Line Adjustment m Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) LS&*2 68.4Â§ /4-*c-- J $1-j 4- 6Â£,-.2,Â¤ BAL ; 6-4Â£6 a ) 919. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) addÂ»* M n.~c AtÂ£? 4/50 so. C/. Â¥ 40(0(LEEÂ« /U 61* Shal-- . Have you attached the following? FEES DUE: $ El Pre-Application Conference Summary m Attachment # 1, Signed Fee Agreement El Response to Attachment #2, Dimensional Requirements Form U Response to Attachment #3, Minimum Submission Contents m Response to Attachment #4, Specific Submission Contents m Response to Attachment #5, Review Standards for Your Application Â£2 El El El El El ASPEN/PITK1N COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen Development Application Fee Policy The City of Aspen. pursuant to Ordinance 49 (Series of 19981. has established a fee structure for the processing of land use applications. A tlat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees mUSI be submitted with each land use application. made payable to the Aspen/Pitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of Staff time to process. The fee is nor refundable. A deposit is collected by Community Development when more extensive staff review is required. as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant' s request. After the deposit has been expended. the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. - Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the reverse side. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City ofAspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 64/All k. 4,12Â»3 (hereinafter APPLICANT) AGREE AS FOLLOWS: ' i. APPLICANT has submitted to CITY an application for +64zr,3 RE,Mood,L (hereinafter. THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 ( Series of 1998) establishes a fee structure for Land Use applications and the payment of ail processing fees is a condition precedent to a determination of application compieteness. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project. it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree rhar it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a digrmination of applic~t;on completeness, APPLICANT shall pay an initial deposit in the amount of S 48/). which is for j /1 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above. including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN . APPLICANT By: < f~- By: ~~A-~< - 1.11L Â£1111, iÂ¥ VUU. 5522Â·99 ,*ommunity Development Director Date: Mailing Address: 720 F. 0>,al. AL. Gqfj cab b"t 1- ASPEN/PITKIN COMMUNITY DEVELOPMENT 1999 LAND USE APPLICATION FEES CATEGORY HOURS DEPOSIT FLAT FEE Major 12 2,220.00 Minor 6 1,11~00 Staff Approvals 660.923 Flat Fee 255.00 Exempt HPC 65.00 Minor HPC 120.00 Significant HPC <1000 sq. ft. 312.00 Significant HPC >1000 sq. ft. 624.00 Demolition, Partial Demolition, Relocation 1250.00 Referral Fees - Environmental Health Major 320.00 Minor 160.00 Referral Fees - Housing Major 320.00 Minor 160.00 Referral Fees - City Engineer Major 320.00 Minor 160.00 Hourly Rate 185.00 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: NA ZEÂ·O R /,â€¢t-61~ek Applicant: ,6#-1 14Â·03 L. }+ A UDO Location: â€žle A.En 8 u.trE OR. - AÂ£ e GO.*31 C.0 Zone District: 2-30 PR A Lot Size: . 97 aaer Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: d A Proposed. A| A Number of residential units: Existing: ~ Proposed: 1 Number of bedrooms: Existing: 3 Proposed: Â£( Proposed % of demolition (Historic properties only): A/$4 DIMENSIONS: Floor Area'. Existing: 19019 Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing. Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Existing non-conformities or encroachments: ~,Ud- Variations requested: Stwek.-- Aa.A...; L.- .1/Â£ 2.f +1~6,i . ATTACHMENT 3 MINIMUM SUBMISSION CONTENTS 1. Applicant's name, address and telephone number, contained within aâ€¢letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf o f the applicant. \\ 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner' s right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) ATTACHMENT 4 Specific Submission Contents Exemption from ESA Review By Community Development Director The request for Community Development Director approval of an Insubstantial Amendment or Exemption shall contain the following items: 1. A written description of the existing conditions on the property which are requested to be altered via the amendment or exemption. 2. Such site plan drawings or elevations as may be necessary to adequately evaluate the proposed amendment or exemption. 3. A listing of all previous development approvals granted to the property. with the approximate dates of said approvals. 4. A copy of any recorded document which affects the proposed development, including but not limited to recorded plats, agreements and deed restrictions. If changes are proposed to said recorded documents, these should be "red-lined" onto a copy of the original document. 5. A written response to the applicable review criteria (attachment 5). - ATTACHMENT 5 Review Standards: ESA Exemptions by Planning Director The expansion, remodeling or reconstruction of an existing development shall be exempt from ESA Review if the applicable standards below are met. Please respond to the appropriate criteria: 8040 Greenline Review Exemption. 1. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty-five (25) percent; and 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said section; and 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. Stream Margin Review Exemption. 1. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five (25) percent; and 2. The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. 3. The development is located such that no portion ofthe expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; 4. The development does not fall outside of an approved building envelope if one has been designated through a prior review; and 5. The development is located outside ofthe ofthe special flood area and more than one hundred (100) feet measured horizontally from the mean high water line of the Roaring Fork River and its tributary streams, or the expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the special flood hazard area. Mountain View Plane Review Exemption. Exempt development includes the addition of any mechanical equipment to an existing development which protrudes into the view plane, except for the following types of equipment: 1. Satellite dish; 2. Elevator shaft; or 3. Any other piece of equipment whose height and mass are found to be of such significance in their effect upon the designated view plane that their review pursuant to the standards of Section 26.68.050(C) is required. Hallam Lake Bluff Review Exemption. Exempt development includes the exterior expansion, remodeling or reconstruction of an existing structure or development, or the removal of trees or shrubbery, if the following standards are met. 1. The development takes place more than thirty (30) feet from the top of slope, or the development is obscured from the rear slope by other structures as determined by a site section provided pursuant to review standard (C)(7) below. C.7. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. Attachment 6 Staff Approval Development Review Procedure 1. Attend pre-application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre-application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date o f your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of tile completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staffmember for signature by the Community Development Director. The memo will explain whether your application complies with the Code and willlist any conditions which should apply ifthe application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions ofthe Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. Ostepsum.doc ATTACHMENT 7 Public Hearing Notice Requirements Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. You can determine whether your application requires notice, and the type of notice it requires, from Table 1, which is attached to this summary. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper o f general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done ten (10) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing ofnotice is to be made to all owners ofproperty within 300 feet ofthe subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Standards for notice shall be as follows: 1. Any federal agency, state, county or municipal government service district or quasi governmental agency that owns property within 300 feet of the subject property must be mailed notice fifteen (15) days prior to the hearing. 2. All other landowners within 300 feet of the subject property must be mailed notice ten (10) days prior to the hearing, unless notice is given by hand delivery, in which case it must be sent five (5) days prior to the hearing. 3. Subdivision applications only also require notice by registered mail to all surface owners, mineral owners and lessees of mineral owners of the subject property. The names and addresses ofproperty owners shall be those on the current tax records ofPitkin County as they appeared no more than sixty (60) days prior to the date of public hearing. TABLE 1 SUMMARY OF PUBLIC HEARING NOTICE PROCEDURES APPLICATION TYPE PUBLIC BY WHOM FORM OF HEARING NOTICEI REQUIRED? CONDITIONAL USE REVIEW Y P&Z 2.3 ESA REVIEW (8040 Greenline, Stream Margin, Mountain N View Plane, Hallam Lake Bluff), GMQS ALLOTMENT Y GMC 1,2.3 GMQS EXEMPTIONZ Y By GMC 1 By Council GMC - 1 Council - 1 HISTORIC DEVELOPMENT Conceptual Development Y HPC 1,2,3 Final Development N Minor Development N Historic Demolition Y HPC 1,2,3 Historic Designation Y HPC, P&Z & HPC - 1,2.3 Councif P&Z - 1,2,3 Council - 1,2,3 Historic Lot Split Y HPC 1,2,3 MAP AMENDMENTS Y P&Z & P&Z - 1,2,3 Counci13 Council - 1,2,3 PUD - CONCEPTUAL Y Counci14 1,2,3 PUD - FINAL (and PUD Amendment) Y P&Z 1,2,3 SPA - CONCEPTUAL Y CounciP 1,2.3 SPA - FINAL (and SPA Amendment) Y P&Z 1,2.3 SUBDIVISION Y P&Z & P&Z - 1,2,3 Councif Council - 1,2,3 SUBDIVISION EXEMPTIONS Condominiumization N Lot Split Y Council 1,2,3 Lot Line Adjustment N SPECIAL REVIEW N TEXT AMENDMENTS Y P&Z & P&Z-1 Counci13 Council - 1 TEMPORARY USES Y Council4 1,2,3 VESTED PROPERTY RIGHTS Y Council~ 1,2,3 1 Numbers refer to the following: 1 = Publication in newspaper 2 = Posting of property 3 = Mailing to surrounding landowners 2 See Subdivision Exemptions for Lot Splits 3 public Hearing occurs at second reading of the Ordinance by Council. 4 Adopted by Resolution, only one hearing required, which is a public hearing. . 6 Attachment 8 County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } SS. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.52.060(E) I, , being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060(E) of the Aspen Municipal Code in the following manner: 1. By mailing ofnotice, a copy ofwhich is attached hereto, by first-class postage prepaid U.S. Mail to all owners of properly within three hundred (300) feet of the subject property, as indicated on the attached list, on the day of , 199- (which is days prior to the public hearing date of 1. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the day of , 199_, to the day of , 199 . (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. 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All mformation is drawn to approximate scale only For legally accurate plots refer to current rei!,stered surveys only 4fAM L -, - 4 J . -Â· 44) ' - c Recorded at 0'clock .M. - \A Reception No. Recorder SPECIAL WARRANTY DEED I v ERIN F. HAZEN, also known as ERIN FERNANDEZ, and BRIAN L. ) n '1 HAZEN, as joint tenants, for good and valuable consideration, in hand paid, hereby convey to BRIAN L. HAZEN, 720 East Hyman Avenue, Aspen, Colorado 81611, the following real property in the County of Pitkin, State of Colorado, to wit: t! Â« Lot 5, Gaylord Subdivision, according to the Plat thereof, recorded July.28, 1976 in Plat Book 5 at Page 20. with all its appurtenances and warrant title against all persons claiming under us SUBJECT TO AND EXCEPTING: General real property taxes, reservations, conditions, restrictions, exceptions, rights of way, easements, and covenants of record. i C SIGNED this 9th day of June, 1992. -CÂ·.7. CK , BRIAN L. HAZEN~/ 4,1 F_$ f_~EÂ» -_t 116~.h- 4,/(,l< E.L G_J-4 ERIN F. HAZEN, a/k/a ERIN FERNANDEZ STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) The foregoing Special Warranty Deed was acknowledged this ID+k day of June, 1992, by Brian L. Hazen. WITNESS my hand and official seal. e n"CD J â€¢ My c Â°ZIS:~~ie~~Otafy L:ke s : Olka 5.4 -CdÂ£lv#l '~Il' My Commission expires 4/2294 1-I \32 - 6 601 East Hopkins Notary ~ublic /X... . 0 Aspen, Colorado 81611 4,-.) ... 4 9 7 LO 'Â·1 3 , STATE OF COLORADO ) .....4 P, Â·u - ) SS ! M 2Â«COUNTY OF PITKIN ) 40:~ le ' f u/ The foregoing Special Warranty Deed was acknowledged this 4 E-1 :*Â« // day of June, 1992, by Erin F. Hazen, a/k/a Erin Fernandez. 4 A 2 - *f22, , we , WITNESS my hand and official seal. >4 4 . -r- W Q /7 /9/2 , /68Â·Â·-:Â·Â·-y :/. My commission expires ~ 1~'41.-t~~~ v'/ F - 2 Â«... Joy S. Higens/Notary Public X - My Commission expires 4/227*--2=SEW '04. 41- 7 / f ,/.3 4 6/., I - i 5 -f -~- 0 601 East Hopkins Notary Publit f ; . /5 f .JIJ -,Â·04:. J,&\16 3 ' e\re\hazen2.swd Aspen. Colorado 81611 I â‚¬F f VC.5- 666 21 OF ASPEN ExE~TYT FIE% 4 ~2~ 1 4 MEMORANDUM To: Sarah Oates, Planning Technician Thru: Nick Adeh, City Engine~~ Frorn: Chuck Roth, Project Engineer 212_ Date: June 7, 1999 Re: 1210 Red Butte Drive Stream Margin Exemption General - (1) These comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to halt complaints related to approvals tied to "issuance of building permit." (2) If there are any encroachments into the public right-of- way, the encroachment must either be removed or be subject to current encroachment license requirements. 1. Improvement Survey - An improvement survey is not required because the proposed improvements are generally within the footprint o f the existing residence. 2. Floodplain - The proposed work is outside of the 100 year floodplain. 3. Site Drainage - Prior to submitting an application for a building permit, the applicant must prepare a drainage plan that demonstrates that runoff during and after construction will be maintained on the site and not permitted to drain to the river. 4. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920-5080) for design of improvements, including landscaping, within public rights-of-way, parks department (920-5120) for vegetation species and for public trail disturbance, and streets department (920-5130) for mailboxes, street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights- of-way from the city community development department. 99M81 MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: Sarah Oates, Planning Technician RE: Hazen Stream Margin Exemption-1210 Red Butte Drive DATE: June 7,1999 SUMMARY: Brian Hazen, owner, has applied for an exemption from the Stream Margin Review to enclose an existing deck for the purpose of adding a bedroom and family room on the west side of the house. The addition is 327 square feet, which is an 8% increase in floor area. Another proposed addition on the south side will require a Stream Margin Review. APPLICANT: Brian Hazen. Represented by Stan Mathis. LOCATION: 1210 Red Butte Drive. ZONING: R-15. Moderate-Density Residential. REVIEW PROCEDURE: Development that meets the criteria in Exhibit "A" may be approved by the Community Development Director, STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." The application has been included as Exhibit "B." RECOMMENDATION: Staff recommends the Community Development Director approve this Stream Margin Exemption with the following conditions: 1. The development may occur as represented in this application. 2. The proposed work is outside of the 100 year fioodplain. 3. Prior to construction, the applicant shall obtain all necessary permits from the Building Department as required. 1 4. Prior to submitting an application for a building permit, the applicant must prepare a drainage plan that demonstrates that runoff during construction will be maintained on the site and not permitted to drain to the river. 5. Prior to application for a building permit, the owners shall grant a fisherirtan's easement across their property within five (5) feet ofthe high water mark for fishing purposes. 6. If the newly enclosed area plus the area of the exiting structure exceeds 5,000 square feet, the newly enclosed area may be required to be sprinkled. The plans will be reviewed with the Fire Marshall at the time of application for a building permit. 7. Given the continuous problems of unapproved work and development in the public rights-of- way adjacent to private property, we advise the applicant as follow: The applicant must received approval from City Engineering for design of improvements, including landscaping, within the public rights-of-way, Parks Department for vegetation species and for public trail disturbance, and Streets Department for mailboxes, street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from the Community Development Department. APPROVAL I hereby approve this Stream Margin Exemption for an addition to the Hazen residence, 1210 Red Butte Drive, with the above conditions listed 1-7. date Julie Ann Woods, Community Development Director ACCEPTANCE: I, as a person being or representing the applicant, do hereby understand and agree to the conditions o f this approval and certi fy the information provided in this application is correct to the best of my knowledge. date Brian Hazen, owner. ATTACHMENTS Exhibit A-Staff Comments Exhibit B-Application 2 ' EXHIBIT A STAFF COMMENTS: Section 26.68.040(C) Exemption. The expansion, remodeling, or reconstruction of an existing development shall be exempt from stream margin review ifthe following standards are met: 1. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the amount Of building area exempt from floor area calculations by more than twenty-five (25) percent. Staff Finding: The proposed addition is 327 square feet, an 8% increase in floor area. 2. The developmentdoes not require the removal ofany tree for which a permit would be required pursuant to Section 13.20. Staff Finding: No trees will be removed. 3. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development. Staff Finding: The expansion will not be any closer to the high water line than the existing development. 4. The development does notfall outside of an approved building envelope if one has been designated through a prior review. Staff Finding: The proposed enclosure does not fall outside the existing building envelope. 5. The development is located outside ofthe special flood area and morethan one hundred (100) feet measured horizontally from the mean high water line of the Roaring Fork River and its tributary streams, or the expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the special flood hazard area. Staff Finding: The development meets the second standard. 6. All exemption are cumulative. Once a development reaches the totals specified in Section 26.68.040.C. 1, a stream margin review must be obtained pursuant to Section 26.68.040. B. Staff Finding: This exemption does not exceed the totals specified in Section 26.68.040.C.1.