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Exhibit A.2
Special Review Standards
Staff Findings
Page 1 of 1
26.435.040.E, Special Review Standards
No development shall be permitted within the stream margin of the Roaring Fork River unless
the Community Development Director makes a determination that the proposed development
complies with all requirements set forth below:
An application requesting a v ariance from the stream margin review standards or an appeal of
the Stream Margin Map's Top of Slope determination, shall be processed as a Special Review
in accordance with common development review procedure set forth in Chapter 26.304. The
Special Review shall be considered at a public hearing for which notice has been published,
posted and mailed, pursuant to Subsection 26.304.060.e.3. Review is by the Planning and
Zoning Commission.
A Special Review from the stream margin review determination may be ap proved, approved
with conditions or denied based on conformance with the following review criteria:
1. An authorized survey from a Colorado professionally licensed surveyor shows a different
determination in regard to the Top of Slope and 100-year flood plain than the Stream
Margin Map located in the Community Development Department and filed in the City
Engineering Department .
Staff findings: The Stream Margin Improvement Plat prepared by Sopris Engineering
depicts the same Top-of-Slope as represented on the City of Aspen Stream Margin
Review maps . Staff finds that the Top-of-Slope determined by the City is not
commensurate to the topography and grade change within Herron Park. The purpose of
the Top-of-Slope setback is to “protect the existing riparian vegetation and bank stability.”
This language suggests that the Top -of-Slope should be located relatively close to the
Roaring Fork River, where riparian habitat exists. The alternative Top -of-Slope proposed
by Engineering is more consistent with existing conditions. Staff finds this criterion to
be met, with the condition that the full extent of the Top of Slope is depicted on the
recorded plat.
2. The proposed development meets the Stream Margin review standard(s) upon which the
Community Development Director had based the finding of denial.
Staff findings: This land use application complies with the applicable Stream Margin
Review standards. Staff finds this criterion to be met.