HomeMy WebLinkAbout1437 Crystal Lake Rd - Project Description1
FORUM PHI | Stream Margin Exemption - Project Description
Date: August 16, 2019
Client: Lizbeth and John Adams
Representative: Brett Lohr, Forum Phi
City of Aspen Community Development Department
130 South Galena Street, 3rd Floor
Aspen, CO 81611
RE: 1437 Crystal Lake Rd, Aspen, CO, 81611 Stream Margin Review
Dear Director,
Please consider this letter and the attached drawings to represent a formal request for a Stream Margin Review
Exemption in order to carry out the project description below.
Project Description
1. Project is interior remodel focused, the only exterior elements to change are noted below. All other existing
elements are to remain. Areas to be repaired will be to match existing.
2. Replacement of one existing exterior window. It’s head height will remain the same. It’s sill will be lowered
approximately 9”. See A201X and A-201.
3. Replacement of one existing exterior door. It’s location and size will remain. See A201X and A-201.
4. Replacement and relocation of two existing skylights. See A-103X and A-103
5. Part of the interior main level floor will be lowered approximately 15”. There is already a substantial crawl space
below requiring no new foundation work. See A-101X and A-101.
The subject property is legally described as Aspen Club Condominiums Subdivision, Unit 6, BLDG D, which subdivision
and planned development was approved in 2012. It is zoned R-15/PD, Moderate-Density Residential with a Planned
Development Overlay. It’s Parcel Identification Number is 273-718-131-001.
Per the Pre-application Review Summary, the established top of slope for the Roaring Fork River has significant
distance from the property and is not a factor in this development.
“Development” per the Definitions Section (26.104.100) of the Land Use Code, is defined as follows:
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.
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Section 26.435.040(A) of the Code provides that all “development” within one hundred (100) feet, measured horizontally,
from the high water line of the Roaring Fork River and its tributary streams, and within the Flood Hazard Area (100 year
flood plain) is subject to Stream Margin Review.
The subject property and it’s existing residence is bifurcated by the 100’ Stream Margin Review area measured from the
mean highwater mark of the Roaring Fork River. The attached survey shows that approximately half of the southern
portion of the existing residence is located within the 100’ Stream Margin Area and approximately half of the northern
portion of the existing residence is located outside the 100’ Stream Margin Area.
The existing windows and doors that are to be replaced and/or modified slightly are all located outside of the 100’
Stream Margin Area, with the exemption of the southernmost skylight. The southernmost skylight is to be relocated to
the north outside of the 100’ Stream Margin Area. The existing hot tub which exists within the 100’ Stream Margin Area
is to be removed and the deck repaired to match existing. Yet these alterations would appear to subject the property to
Stream Margin Review. However, the Community Development Director is authorized to exempt certain type of
development from Stream Margin Review (see Code Section 26.435.040(B)), including the expansion remodeling or
reconstruction of an existing development, provided that certain standards are met. Such expansion remodel and
reconstruction are allowed an exemption as the drafter or the applicable Code language realized maintenance, upkeep
and certain types of expansions, remodels and reconstructions would not increase the potential for property loss by flood
and would have no real affect on the natural and unimpeded flow of watercourses. We believe that is the case with the
proposed development.
The exemption standards of Sections 26.304 and 26.435.040(B) cited in the Pre-Application Conference Summary are
presented in Italics below. Each is followed by a response demonstrating compliance and or consistence therewith, as
applicable.
Relevant Land Use Code Sections Per Pre-Application Conference Summary
26.304.010 General.
This Chapter sets out the common procedures for review of all development applications, unless otherwise specifically
stated. Generally, all proposed development shall be subject to the following six (6) step approval process.
1. A pre-application conference between the applicant and a staff member of the Community Development
Department;
2. Submission of the development application and fees by the applicant;
3. Determination of completeness and review of the development application by the Community Development
Director;
4. Review of the development application by the relevant decision-making body;
5. Receipt of a development order or certificate of zoning compliance; and 6. Receipt of a building permit
26.304.020 Pre-application conference.
We have conferred with a member of the staff of the Community Development Department (Mike Kraemer) to obtain
information and guidance regarding the format and processing of the development application.
26.304.030 Application and fees.
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The requisite number of copies of the development applications have been submitted to the Community Development
Director containing all of the information and materials specified by the applicable sections of this Title and such
additional information or materials identified in the pre-application conference. The development application has been
accompanied by the applicable fee.
26.304.035 Neighborhood Outreach
A neighborhood outreach was not required per the pre-application conference.
26.304.040 Initiation of Application for Development Order.
Consent to represent owners form has been submitted with this application.
26.435.040(B) Stream Margin Review, Exemption
A. The development does not add more than ten percent (10%) 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 percent (25%). All
stream margin exemptions are cumulative. Once a development reaches these totals, a stream margin review by
the Planning and Zoning Commission is required; and
a. The proposed development will not add any floor area nor will it increase the amount of building area
exempt from floor area calculations by more than 25%.
B. 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.
a. No trees are to be removed. See the attached Proposed Site Plan at Grade (A-001).
C. 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;
a. No portion of the proposed development will be any closer to the high water than is the already
developed are of the property. Additionally, the hot tub on the South deck that is within the 100-year
floodplain will be removed.
D. The development does not fall outside of an approved building envelope if one has been designated through a
prior review; and
a. The proposed development does not fall outside of an approved building envelope. There is no building
envelope currently designated on or for the subject property. The subject property is part of the Aspen
Club Condominium Subdivision Planned Development.
E. The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of
structures within the 100-year flood plan.
a. The proposed development will not increase the building’s footprint. The hot tub on the south deck that
is within the 100-year floodplain will be removed and the southernmost skylight will be relocated outside
of the 100-year floodplain.
Accompanying Documents
1. Completed Land Use Application and signed
Fee Agreement
2. Pre-application Conference Summary
3. Title Insurance Certificate
4. Title
5. Consent to Represent
6. Written Description (this document)
7. Site Improvement Survey
8. Vicinity Map
9. Architectural Drawings