HomeMy WebLinkAbout1437 Lake Avenue_Stream Margin Review Exemption_Notice of Approval
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NOTICE OF APPROVAL
APPROVING A STREAM MARGIN REVIEW EXEMPTION FOR INTERIOR AND EXTERIOR
IMPROVEMENTS WITHIN THE EXISTING BUILDING FOOTPRINT FOR THE PROPERTY
AT 1437 CRYSTAL LAKE ROAD, LEGALLY DESCRIBED IN EXHIBIT A.
Parcel ID No. 2737-181-31-001
APPLICANT: Lizbeth & John Adams, Homeowners
REPRESENTATIVE: Brett Lohr, Forum Phi
SUBJECT & SITE OF APPROVAL:
Stream Margin Review Exemption at 1437 Crystal Lake Road. The applicant is requesting to complete
several improvements on a property located within the Stream Margin review area, pursuant to Land Use
Code Section 26.435.040.B, Exemptions. The proposed scope of work is within the existing building
footprint and consists of an interior remodel, repair of an existing deck and the removal of an exterior hot-
tub. This application was reviewed by Community Development and Engineering.
SUMMARY:
The subject property is identified as Unit D-6 – a multi-family residential dwelling located in the Aspen
Club Condominium PUD. Unit D-6 is located within the 100-ft. Stream Margin Review area of the Roaring
Fork River and is subject to heightened review for new development. The applicant wishes to complete the
following improvements on site (Changes identified as A-F in Exhibit B):
A. Replace one existing window. The window head height will remain the same and the sill will be
lowered by approximately 9”;
B. Replace one existing exterior door “like for like.” Door location and size will remain the same;
C. Relocate two existing skylights;
D. Remove existing hot tub from outside deck area;
E. Repair existing deck; and
F. Lower main-level interior by approximately 15”.
The applicant believes the scope of work complies with the Exemption criteria associated with Stream
Margin Review. Pursuant to Code Section 26.435.040.B, Exemptions, an expansion, remodel, or
reconstruction of an existing development may qualify for a Stream Margin Review Exemption if the
proposed development:
• Does not add more than 10-percent to the floor area of the existing structure or increase the amount
of building area exempt from the floor area calculations by more than 25-percent. All stream margin
exemptions are cumulative. Once a development reaches these totals, a stream margin review by
the Planning & Zoning Commission is required; and
• The development does not require the removal of any tree for which a permit would be required;
• 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;
• The development does not fall outside of an approved building envelope if one has been designated
through a prior review; and
• The expansion, remodeling or reconstruction will cause no increase to the amount of ground
coverage of structures within the 100-year flood plain.
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STAFF EVALUATION:
Staff finds that the proposed scope of work meets the criteria to qualify for a Stream Margin Review Exemption,
per section 26.435.040.B, Exemptions. Remodeling the interior of the dwelling, installing skylights on the roof,
repairing the existing deck, removing the exterior hot-tub, and replacing the exterior door and window do not
add floor area to the existing structure. All changes are within the established building footprint and do not
require the removal of any tree or increase the amount of ground coverage of structures within the 100-year
flood plain.
The deck repair is limited to surface treatment only– footings will not be altered or replaced. The existing deck
will be replaced with a composite Trex material, spaced in a manner to function as a pervious surface, within
the existing footprint. All work will be conducted with hand tools only– no heavy machinery will be used.
The request to lower the interior of the main level of the dwelling by approximately 15” complies with the
exemption criteria. A crawl space exists below the main level, requiring no foundational work to lower the floor.
Only the portion of the main floor that is consistent with the footprint of the crawl space will be lowered.
DECISION:
The Community Development Director determines that the proposal to make interior and exterior
improvements on the property located within the Stream Margin Review Area meets the requirements of
a Stream Margin Review Exemption.
APPROVED BY:
_______________________________________ ________________________
Jennifer Phelan Date
Interim Community Development Director
Attachments:
Exhibit A – Legal Description (Recorded)
Exhibit B – Approved Changes (Recorded)
Exhibit C – Application (On file)