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Home My WebLink About1108 Waters Ave - Notice Of Approval Page | 1 NOTICE OF APPROVAL APPROVAL FOR A STREAM MARGIN EXEMPTION FOR A PROPERTY COMMONLY KNOWN AS 1108 WATERS AVENUE, LEGALLY DESCRIBED AS LOT 11 OF THE CALDERWOOD SUBDVISION Parcel ID No. 273718124003 APPLICANT: Kirk and Meg Gentle REPRESENTATIVE: Reilly Thimons, BendonAdams SUBJECT & SITE OF APPROVAL: This is an Administrative Decision for a remodel to an existing single-family residence that was previously permitted within 100’ of the high-water line of the Roaring Fork River. The Applicant has specifically requested approval for the following development: • Interior and exterior remodel; • Expanded and enhanced entrance to the residence; • Removal of certain interior floor area and construction of a master bathroom necessitating a change in building footprint; • Interior excavation and creation of exempt subgrade floor area; and • Removal of legal non-conforming decks. This request is subject to the following Land Use Code sections: • 26.435.040.B: Stream Margin Review, Exemptions • 26.312.030: Non-conforming Structures • 26.410.030: Residential Design Standards BACKGROUND AND SUMMARY: The subject Lot is 10,077 square feet in size and is located off Waters Avenue (see Figure 1, property highlighted in Red). The Lot is bound by the Roaring Fork River to the east and Waters Avenue to the west. The western portion of the Lot contains aspen trees and is relatively flat, while the eastern portion contains cottonwood trees and steep slopes that lead down to the Roaring Fork River. The Lot is encumbered by the 100-year floodplain of the Roaring Fork River. A spur of the Wheeler Ditch exists on the Lot. This ditch is owned by the City of Figure 1 Page | 2 Aspen and does not have a formal easement for its existence and is assumed to retain a prescriptive easement. The Lot is part of the platted 1961 Calderwood Subdivision recorded at BK 002 PG 264. The Lot is located within the R-15 Zone District and is currently developed with a single-family residence that was constructed in 1962. In 1973, the property received a Stream Margin Review approval for a 150 square foot addition. In 1989, an application was filed for a Stream Margin Review to legitimize construction of an unpermitted deck adjacent to the Roaring Fork River, enclosure of a deck, and for construction of a detached garage. Stream Margin review and approval was granted and permitted the proposed development with conditions. The detached garage was not constructed. This 1990 Stream Margin review application included a map of all existing decks and was used in the subject application to determine legal deck structures on the Lot. Currently, existing decks exceed the 15% deck exemption available to the property and reside within the 10’ side yard setback of the Lot. In 1992, the Lot received a permit for a 1,900 square foot addition and remodel to the existing residence. This work was completed and a Certificate of Occupancy was issued in 1993. The existing single family residence was legally constructed within 100’ of the highwater line of the Roaring Fork River and within the Top of Slope. Pursuant to Land Use Code Section 26.312.030: Non-conforming Structures and Land Use Code Section 26.104.100: Definition of Non-conforming structure, existing development on the Lot is legal non- conforming. STAFF EVALUATION: • The proposed development will be reviewed pursuant to Land Use Code Section 26.435.040.B, Stream Margin Review Exemptions, Land Use Code Section 26.312.030: Non-Conforming Structures, and Land Use Code Section 26.410.010.C: Residential Design Standards. The Director finds that the proposal meets the requirements in the following manner: Stream Margin Exemption: • The proposed demolition of interior floor area and subsequent floor area/building footprint reconfiguration to accommodate a master bathroom addition will add approximately 100 square feet of enclosed floor area constituting less than 10% of floor area on the Lot. The proposed front porch entrance qualifies for an overhang exemption and does not add additional floor area to the Lot. Removal of 887 square feet of deck space and creation of 742 square feet of exempt basement space will not exceed the amount of building area exempt from floor area calculations by more 25%. The application represents that the proposed floor area for the Lot will not exceed the allowable floor area in the R-15 Zone District. • The Applicant has stated that due to required soil testing for the proposed development, equipment is needed to access the property and necessitates removal of 3 trees near Waters Avenue. Removal of trees no longer qualifies for proposal for a Stream Margin Exemption and the Applicant has subsequently developed alternative methods to access the property. The Applicant has withdrawn the tree permit applications to remain eligible for an exemption. • The proposed demolition of interior floor area and subsequent floor area/building footprint reconfiguration to accommodate the master bathroom addition on the west side of the residence, the enhancement of the front porch entrance, and the interior excavation for construction of Page | 3 exempt subgrade floor area within the footprint of the residence will not encroach closer to the highwater line of the Roaring Fork River than is the existing development. • The property does not contain a previously approved building envelope. • The proposed remodel and development will not encroach into the currently adopted FEMA maps that delineate the 100 year floodplain of the Roaring Fork River. Non-Conforming Structure: • The proposed demolition of interior floor area and subsequent floor area/building footprint reconfiguration to accommodate the master bathroom addition on the west side of the residence, the enhancement of the front porch entrance, and the interior excavation for construction of exempt subgrade floor area within the footprint of the residence will not encroach any closer to the highwater line of the Roaring Fork River than is the existing development. The Applicant has demonstrated that the development will not increase this non-conformity. • The proposal to remove existing decks that currently reside within the side yard setback of the Lot will eliminate this non-conformity. Removal of this deck also reduces the amount of deck area that exceeds the 15% deck exemption available to the property. Once removed, the non- conforming deck cannot be reconstructed. • The Applicant has successfully demonstrated that total demolition of the existing structure will not exceed 40%. Residential Design Standards (RDS): • Pursuant to Land Use Code Section 26.410.030: Residential Design Standards, the proposed remodel and expansion to the existing single-family residence is in compliance with these standards and can be approved. Wheeler Ditch: • The Engineering Department has provided comments on the application. Specifically, the Engineering Department requests that the Applicant grant a formal easement for the Wheeler Ditch across the subject Lot. DECISION: The Community Development Director approves the proposed project subject to the following conditions: 1. Within 15’ from the highwater line of the Roaring Fork River, the project shall be completed with hand tools only. No machinery is permitted. Interior excavation within the existing residence for construction of subgrade floor area is exempt from this requirement. 2. Remodeling of the existing structure shall not encroach closer to the Roaring Fork River. 3. Should trees requiring a permit need to be removed related to the approved development, this exemption is no longer applicable and full Stream Margin Review is required. Vegetation exists on the subject Lot that may not require a permit for its removal. Page | 4 4. At building permit submittal, the Applicant shall submit detailed excavation plans that addresses possible sediment and runoff into the Roaring Fork River. 5. Disturbance to the bank shall be limited to the removal of the decks and planting of riparian plants, where appropriate. No other improvements than those shown on Attachment A will be permitted below the Top of Slope setback. 6. Existing vegetation shall be preserved to the greatest extent possible. Riparian plantings shall be used for revegetation on the Lot, where applicable. At building permit submittal, a complete landscaping/revegetation plan shall be submitted for review and approval by the Parks and Engineering Departments. 7. Prior to building permit issuance, a formal ditch easement to the benefit of the City of Aspen for the existing ditch on the property shall be executed and recorded to the satisfaction of the City of Aspen. 8. At building permit, the existing pond shall be removed. A stilling well may be permitted subject to review and approval by the Engineering Department. 9. Cross sections of the ditch shall to be provided at building permit submittal. 10. Removal of any non-conforming deck shall not replaced. 11. The Applicant has represented that approximately 34% of the existing residence will be demolished. If the approved development triggers the definition of Demolition, this approval is no longer applicable and further City review is required. APPROVED BY: _______________________________________ ________________________ Jessica Garrow Date Community Development Director CONSENTED TO: ______________________________________ ________________________ Kirk and Meg Gentle, owner/applicant Date (or designated representative) Attachments: Exhibit A - Stream Margin Review Plan (Recorded) Exhibit B – Floor Plans (Recorded) Exhibit C - Application (Not recorded)