HomeMy WebLinkAboutNotice of Approval_1440 Red Butte Drive_Stream Margin Review
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NOTICE OF APPROVAL
APPROVING A STREAM MARGIN REVIEW EXEMPTION TO REMOVE PATIOS, STAIRS,
AND A SPA WITHIN THE TOP OF SLOPE AND RELOCATE LANDSCAPE FEATURES IN
THE STREAM MARGIN REVIEW AREA OUTSIDE OF THE TOP OF SLOPE AT 1440 RED
BUTTE DRIVE, LEGALLY DESCRIBED AS LOT 4, BLOCK 1, RED BUTTE SUBDIVISON,
PITKIN COUNTY, COLORADO.
Parcel ID 2735-013-02-001
APPLICANT: Nate and Sarah Herbst, 1440 Red Butte LLC
1213 Sherman Avenue, Suite 360
Madison, WI 53704
REPRESENTATIVE: Jessica Garrow, Design Workshop
120 E Main Street, Suite 100
Aspen, CO 81611
SUBJECT & SITE OF APPROVAL:
The applicant proposes to alter the existing backyard and landscaping by removing existing patios, stairs,
and a spa within the Top of Slope and proposes to relocate the patios and spa and build a new gazabo outside
of the Top of Slope at 1440 Red Butte Drive, located within a protected Stream Margin Review area,
pursuant to Land Use Code Section 26.435.040, Stream Margin Review.
SUMMARY:
The subject property is located within the Low Density Residential (R-30) Zone District, with the majority
of the parcel within the Stream Margin Review Area of the Roaring Fork River. The parcel is currently
developed with a single-family residence with well-established trees and landscaping features. The rear of
the property contains several patios, stairs, and a spa all within the Stream Margin Review Area and 15-
foot setback from Top of Slope.
The applicant proposes to remove two existing patios, stairs, and spa, and come into compliance per the
Stream Margin Review Standards. Removing these elements will ensure there are no features between the
Roaring Fork River and the 15-foot setback from Top of Slope. The only element to remain within the Top
of Slope is an existing retaining wall which currently maintains the mean high-water. Engineering has
agreed that keeping the retaining wall is prudent and will cause less disruption to the Top of Slope by
keeping on site.
The applicant proposes a new at-grade patio off the immediate rear of the home which is outside of the 15-
foot setback from Top of Slope to replace the patios that are non-compliant. Additionally, the applicant
would like to relocate the spa and build a new gazabo that is in compliance with current Stream Margin
Review standards.
STAFF EVALUATION:
The applicant is proposing a complete remodel of the residence. Within the larger remodel, the aspects of
the project that are subject to Stream Margin Review and reviewed in this approval include the removal of
existing non-compliant patios, stairs, and a spa that are in the setback from Top of Slope and the addition
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of a spa, patios, and a gazebo within the Stream Margin Review area, but are outside of the Top of Slope
and Top of Slope setback.
The applicant understands the proposal is a major project, yet staff has determined that the applicant may
move forward with a Stream Margin Review Exemption. Staff agrees the scope of work as describe in this
review is found to comply with the exemption criteria associated with Stream Margin Review. Pursuant to
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.
The City of Aspen Community Development Staff has reviewed the application along with the City Parks
and Engineering departments and has provided evidence for the Community Development Director to make
the necessary findings that the proposed work is exempt from further review. 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.
The proposed landscape changes and upgrades meet the exemption criteria in that the additions do not add
more than 10 percent to the floor area of the property or increase the building area exempt from floor area
by more than twenty-five percent. Additionally, the proposed additions do not require a permit for the
removal of any tree or increase the amount of ground coverage of structures within the 100-year flood plain
from what currently exists. Parks has determined that any necessary disturbances in removing non-
compliant elements in the top of slope area must be done by hand but supports necessary improvements to
the Top of Slope area.
The proposed application will remove existing non-compliant structures within the Top of Slope and will
be replaced outside of the Top of Slope setback. Additionally, engineering supports as a condition of
approval that no grading shall occur below the Top of Slope line to confirm this finding and agreement.
These changes are no closer to the high-water line than the existing development of the back patio space
and there is no building envelope established for the parcel restricting development zones. Compliance with
dimensional limitations will be reviewed and confirmed prior to building permit issuance.
The project additionally proposes to alter the existing residence in order to update architecture, roofing
materials, replacement of windows and doors, and the addition of a detached subgrade garage. These aspects
of the project as proposed have been reviewed and are consistent with the Stream Margin Review Standards.
DECISION:
The Community Development Director finds the application meets the requirements of a Stream
Margin Review Exemption pursuant of the Land Use Code Section 26.435.040.B, Exemptions, and
hereby APPROVES the request subject to the following conditions:
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1) No grading shall occur beyond the Top of Slope Setback.
2) Tree protection fencing is required for all trees that are to be retained.
3) No storage of material, equipment, or other activity is allowed within tree protection fencing.
4) A Top of Slope fence on the 15-foot setback line must be established to protect area from
encroachment.
5) All work within the Top of Slope setback must be completed using hand tools.
6) Any development shall be otherwise be consistent with Title 26 and other applicable sections of
Aspen’s Municipal Code.
CONSENTED TO:
_______________________________________ ________________________
Nate or Sarah Herbst, 1440 Red Butte LLC Date
APPROVED BY:
_______________________________________ ________________________
Phillip Supino Date
Community Development Director
Attachments:
Exhibit A – Schematic Landscape Plan (Recorded)
Exhibit B – Staff Findings (Not Recorded)
Exhibit C – Application (Not Recorded)