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HomeMy WebLinkAboutcoa.lu.pu.580 S Riverside Ave.A29-972737-181-00-019 A29-97 Win+River Insubstantial PUD Amendment �•JI �17.37-/,�r/-eo - Aspen/Pitldn Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: yr� o d 00113-63850-041 Deposit _ -63855-042 Flat Fee -63860-043 HPC -63885-268 Public Right -of -Way -63875-046 Zoning & Sign Permit -N4R01 I Use Tax 10000-67100-383 Park Dedication 15000-63050-480 AH Commercial 15000-63065-482 AH Residential County Land Use Application Fees: 00113-63800-033 Deposit -63805-034 Flat Fee -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 County Engineer 00115-63340-163 City Engineer--_%^---�--- 62023-63340-190 Housing 00125-63340-205 Environmental Health 00113-63815-036 County Clerk 00113-63812-212 Wildlife Officer Sales: 00113-63830-039 County Code -69000-145 Copy Fees Other r E F Total e O- Date: as Check: a / / U Project: Case No: - Xz No. of Copies __7 CASEl61D SUMMARY SHEET - CITY OPEN DATE RECEIVED: 4/22/97 DATE COMPLETE: PARCEL ID # 2737-181-00-019 CASE # A29-97 STAFF: Mitch Haas PROJECT NAME: Win.River Insubstantial P.U.D. Amendment Project Address: 580 S. Riverside Ave Lots 1& 2 APPLICANT: WinWin, LLC Address/Phone: 317 Park Ave. Aspen, Co. 81611 920-1851 OWNER: same Address/Phone: REPRESENTATIVE: Bill Campbell Address/Phone: 175 Big Hat Rd, Basalt, Co. 81621-9778 RESPONSIBLE PARTY: Applicant Other Name/Address: FEES DUE FEES RECEIVED PLANNING $450 PLANNING $450. # APPS RECEIVED 7 ENGINEER $110 ENGINEER $110. # PLATS RECEIVED 7 HOUSING $0 HOUSING $ GIS DISK RECEIVED: ENV HEALTH $0 ENV HEALTH $ CLERK $ CLERK $ TYPE OF APPLICATION TOTAL $560. TOTAL RCVD $560. Staff Approval REFERRALS: ❑ City Attorney ® City Engineer (DRC) ❑ Zoning ❑ Housing ❑ Environmental Health ■ Parks DATE REFERRED: Z3 ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: INITIALS: APPROVAL: Ordinance/Resolution # a f Approv Plat Recorded: CLOSED/FILED DATE: qlINITIALS: ROUTE TO: ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE DUE: 5, Date: Date: : 1'j 9� Book _,Page 0 0 MEMORANDUM TO: Stan Clauson, Community Development Director , THRU: Julie Ann Woods, Deputy Director FROM: Mitch Haas, Planner .� :( 1 +=•,1g�� Av� RE: Insubstantial Plat Amendment --- Kastelic SubdivisignIptup�tht 2 DATE: October 9, 1997 On behalf of Win -Win Enterprises, L.L.C., Mr. Lawrence J. Winnerman has applied for an amendment to the subdivision development order for the Kastelic Subdivision/PUD. The lot in question (Lot #2) is located at 580 South Riverside Drive. The northwesterly corner of the building envelope, as set by the stream margin review's fifteen (15) foot "no -build" zone, crosses an elevation contour and contains the southerly edge of an existing retaining wall. To the west of the retaining wall, the elevation is approximately ten (10') feet lower than the unexcavated elevation of the land to the east of the retaining wall. When excavation of the building envelope is carried out, the result is that the elevation of the land on the eastern side of the retaining wall is approximately equal to that of the land on the western side of the retaining wall. Consequently, the retaining wall would no longer retain anything, but would, instead, be protruding out into the air some ten feet high. The final condition is one of a ten foot tall wall of unstable and potentially dangerous rock and dirt. The wall would be approximately two feet wide and highly susceptible to collapse (likely into the "no -build" zone). Section 26.88.060, Amendment to the Subdivision Development Order, provides that an insubstantial amendment to an approved plat may be authorized by the Community Development Director provided the amendment is "limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process ... " Staff believes the current request is such a situation, for it was not foreseen until actual earth -moving activities had begun. The affected edge of the building envelope was set by moving fifteen (15') feet to the east of a designated topographic contour line, and in this approval process, it was not anticipated that a ten foot tall finger/peninsula, so to speak, of dirt and rock would result from the excavation of the building envelope. • Staff recommends that the Community Development Director approve the requested amendment to the development order with the following conditions: 1) The remaining portion of the retaining wall (to the north and west of the building envelope) shall be added onto with an extension toward the east in order to effectively retain all unexcavated lands adjacent to the excavated areas in the northwest corner of the building envelope; 2) The finished grade of the ground to the east of the retaining wall to be removed shall match that of the natural grade of the ground to the west of the retaining wall; and, 3) The applicant must submit as -built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen Engineering Department prior to the issuance of a Certificate of Occupancy for Lot 2 of the Kastelic Subdivision/PUD. APPROVED: Stan Clauson, `Community Development Director 011 WIN -WIN E N T E R P R I O, I. . 1. c October 8, 1997. Mitch Haas City Planner Planning and Zoning City of Aspen Fax: 970-920-5439 Re: Win River 2, Kastelic Lot #2 Dear Mitch, As per our conversation the other day I am requesting that you grant an insubstantial amendment to our development order with regard to the retaining wall as shown on the attached drawing. During the excavation of the foundation we realized that this retaining wall would no longer be retaining anything but, would be sticking out into the air some 10 feet high. This condition will be unstable and dangerous. We are therefore asking for relief from this condition as drawn on the attached plan. This condition could not have been foreseen prior to the start of construction. Your prompt attention to this matter will be appreciated. Best regards, Lawrence J. Wnnerman LJW/jk RECEIVED OCT 0 9 1997 ASPEN I PITKIN COMMUNITY DEVELOPMENT 317 PARK AVENUE ASPEN COLORADO 81611 TEL 303 920 1851 FAX 303 920 1853 Il�,�: ��y..r�. � r 7 �� „ � w r � , �� � �� i - � ��, �, � ,. �M� ;,� t .• /, :1��.t; � V AO. STONE SET CAR RETAINING IN CONC cP \ \ II /22- WALL 1 S ID GAP Ci 14' 13' (14 Z, cp TTNW I \ rn /z 12' sa 26' 1 .' 19 ` ` \ \ O 10 N 0 SH EAST — - ------------ s G) 1 \10 9 S,71 HOUSE 01 ul CTT z �o 0 bo 23 7 'o S H E Ilk \ 1 ` ' 31.963 SQ.FT . ` ' , :50 0 73377 ACRES S89 1 10 TBM 7.967.0 G) LOVE I rn \S. ' i 4 -CTTN ` \ 6--9 2'JEW EAS EN C) 2!49 G 63' ' I \ CTTNWD AMENDED \BUILDING ENVELOPE 40. 5� 16' C;rN S 8900*35 00* 58.07 14'Yi CORDON SAD I BOUNDARY LINE AOREEMENT 1 30. 20' ❑ 76. 60' 1 S 87-42-00- \ P I LLARS FE: TO: Stan Clauson, Community Development Director THROUGH: Julie Ann Woods, Deputy Directo _ Ov0 FROM: Mitch Haas, City Planner 4 �91 RE: WinRiver Insubstantial PUD Amendment. ParA.�. No. 181 00-019. GOMM���v �� OF PSpEN DATE: July 9, 1997 SUMMARY: The applicant is requesting approval of an Insubstantial Amendment to a PUD. The applicant proposes to adjust the limits of the designated building envelopes on Lots 1 and 2 of the Kastelic Subdivision/PUD. The proposed amendment would modify the designated building envelopes by making them conform to the stream margin review conditions of approval (Resolution 97-2, attached as Exhibit D) while allowing enough flexibility to accommodate field conditions and slight adjustments of the footprints that may be required during construction. The adjusted building envelopes would still maintain the minimum setbacks required in the underlying zone district while continuing to allow the preservation of significant trees on the site. Community Development staff recommends approval, with conditions, of the Insubstantial PUD Amendment to adjust the building envelopes on Lots 1 and 2 of the Kastelic Subdivision/PUD. APPLICANT: WinWin, LLC, represented by Bill Campbell. LOCATION: Lots 1 and 2 of the Kastelic Subdivision/PUD are located at 570 (Lot 1) and 580 (Lot 2) South Riverside Drive in the City of Aspen. The lots are bounded by the Redwood Condominiums to the north, Lot 1 of the Gordon Subdivision to the south, Riverside Avenue and then the Riverside Subdivision to the east, and the Roaring Fork River then the Calderwood Subdivision to the west. ZONING: Moderate -Density Residential (R-15/PUD) CURRENT LAND USE: Detached single-family residential LOT SIZES: Lot 1 (570 S. Riverside Dr.) = 30,616 square feet, of which 8,600 square feet are below the high water line and another 4,227 square feet are contained within a road easement, resulting in a net area of 17,789 square feet; this net area is subject to further reductions such as those associated with slopes of 20% or greater. 1 0 0 Lot 2 (580 S. Riverside Dr.) = 44,110 square feet, of which 7,050 square feet are below the high water line and another 5,097 square feet are contained within a road easement, resulting in a net area of 31,963 square feet; this net area is subject to further reductions such as those associated with slopes of 20% or greater. ALLOWABLE FAR: Lot 1: 4,347 square feet; and, Lot 2: 4,856 square feet (both of these FAR calculations are estimates only; they may not take into account slope reductions, sub -grade areas, garage area calculations, or any potential FAR bonuses). PROPOSED LAND USE: Two, detached single-family residences, each with a corresponding accessory dwelling unit. Detached residential dwellings are permitted uses on lots of 15,000 square feet or greater in the R-15 zone. Due to condition number one (1) of Section 3, Ordinance 49, Series of 1993 (the ordinance approving the Kastelic Subdivision/PUD, attached as Exhibit C) and slope density reduction calculations, only one single-family residence and ADU per lot are permitted within the Kastelic Subdivision. BACKGROUND: The Kastelic Subdivision/PUD consists of two residential lots. It was approved and granted vested rights status for three years (to October 25, 1996) by City Council via Ordinance 49 (Exhibit C) in 1993. The stream margin review of the subject parcels was approved with conditions at a public meeting of the Planning and Zoning Commission on January 21, 1997, and adopted via Resolution Number 97-2 (attached as Exhibit D). As a result of that approval, the final plat must be amended to clearly show the revised building envelopes for Lot 1 and Lot 2 with top -of -slope corresponding with the 7954' elevation contour. The fifteen (15) foot no development setback from the top -of -slope must also be delineated on the revised and recorded plat. Pursuant to Section 26.84.080 of the code, the applicant has submitted a request for an Insubstantial PUD Amendment in order to adjust the building envelopes associated with Lots One and Two such that the conditions of the stream margin review approvals would be reflected by the amended plat. The proposed amendment calls for the following changes from the existing, platted building envelopes: On Lot One, the new building envelope will be limited on the western side by the easternmost edge of the "no build zone," as designated by Resolution 97-2, Stream Margin Review approval; also, the easterly, or front setback line established by the amended envelope would be parallel to and not less than five (5) feet from the access/utility easement line; lastly, the southerly building envelope line would be moved an additional five (5) feet to the north, for a total of ten (10) feet from the property line, in order to comply with the minimum side yard setbacks of the R-15 zone district. The northerly, side setback line established by the amended building envelope would be modified to adjoin the amended front (easterly) and rear (westerly) building envelope lines. PJ On Lot Two, the new building envelope will be limited on the western side by the easternmost edge of the "no build zone," as designated by Resolution 97-2, Stream Margin Review approval; in addition, a thirty (30) foot long portion of the north side of the existing envelope would be squared -off in order to accommodate the proposed design of the residence while still preserving the trees in the area. REFERRAL COMMENTS: The comments from the City Engineering and Parks Departments are included as Exhibit B. STAFF COMMENTS: In order for this proposal to qualify as an Insubstantial Amendment to the PUD, the request must not violate any of the provisions of Section 26.84.080(A). The provisions of said section of the code follow, along with staff s response to each. 1. The proposed amendment does not change the use or character of the project; RESPONSE: The approved use of Lots 1 and 2 of the Kastelic Subdivision/PUD is single-family residential, each with an ADU. The proposed amendment would have no affect on the approved use or character of the project. 2. The proposed amendment does not increase the overall coverage of structures on the land by more than three (3) percent; RESPONSE: The proposed amendment would result in a significantly smaller building envelope than exists today. The rear (west) sides of the envelopes would be moving a good deal to the east in order to comply with the conditions of the stream margin review approval. Also, on Lot 1, the southern side of the existing envelope would move an additional five (5) feet to the north in order to ensure compliance with the minimum side yard setbacks of the R-15 zone district. In total, the proposed amendment would not result in an increase of overall lot coverage. 3. The proposed amendment does not substantially increase trip generation rates or the demand for public facilities; RESPONSE: Trip generation rates would be unaffected since the number of owners/residents would not change. The proposed amendment would not increase the demand for public facilities either. 4. The proposed amendment does not reduce the amount of approved open space by more than three (3) percent; RESPONSE: As explained in the response to standard number two (2), above, the proposed amendment would result in significantly less buildable area than currently exists; thus, the amount of approved open space would not be reduced by more than three (3) percent. 3 5. The proposed amendment does not reduce existing off-street parking or loading space by more than one (1) percent; RESPONSE: The proposal would not affect existing/approved off-street parking or loading zones. The approved number of off-street parking spaces would be unchanged. 6. The proposed amendment does not reduce required pavement widths or rights -of -way for streets and easements; RESPONSE: The amendment, as proposed, would not have the affect of reducing required pavement widths or rights -of -way for streets and easements. 7. The proposed amendment does not increase the approved gross leasable area of commercial buildings by more than two (2) percent; RESPONSE: The Kastelic Subdivision/PUD is limited to single-family residential use; therefore, this criterion is not applicable. 8. The proposed amendment does not increase the approved residential density of the development by more than one (1) percent; and, RESPONSE: The approved residential density of the Kastelic Subdivision/PUD would not be changed by the proposed building envelope adjustment. 9. The proposed amendment is consistent with the conditions and representa- tions of the project's original approval and does not require a further variation from the project's approved use or dimensional requirements. RESPONSE: The proposed amendment would not change the approved use of the subject parcels. Variation from the project's approved dimensional requirements are not needed, nor are any sought, for the proposed amendment. In fact, the amendment would rectify past variations from the dimensional requirements associated with the R-15 zone district (explained in the response to standard number two, above). The amendment would also designate a building envelope that complies with the conditions of the stream margin review approval, as outlined in Resolution 97-2. All conditions of the project's prior approvals would continue to be met. RECOMMENDATION: Staff recommends approval of the Insubstantial Amendment to the PUD to allow the proposed building envelope adjustments on Lots One and Two of the Kastelic Subdivision/PUD with the following conditions: 1. All conditions of prior approvals, as described in Ordinance 49, Series of 1993, Resolution 97-2, and the Resolution granting conditional use approval for two accessory dwelling units on the subject lots, remain in full force and affect as conditions of this approval. 2. The above stated and referenced conditions shall be included on the revised Subdivision/PUD plat. The amended plat shall be approved by the City Engineer 4 prior to the issuance of any building permits for either Lot 1 or Lot 2 of the Kastelic Subdivision/PUD, and shall be recorded prior to the issuance of any Certificates of Occupancy for either Lot 1 or Lot 2 of the Kastelic Subdivision/PUD. 3. No trees shall be removed or relocated unless the appropriate permit(s) have been issued by the Parks Department. All trees shown to be preserved must have construction or snow fencing placed around the perimeter of the drip line of the trees, and no excavation or placement of fill shall occur within the driplines of these trees. 4. Silt fencing must be placed along the eastern edge of the "no build zone," as defined by the stream margin review approval contained in Resolution 97-2, and no excavation or placement of fill will be permitted within the "no build zone." 5. A drainage report and plan for the development of both lots, completed by a currently registered Colorado civil engineer (bearing an original wet ink signature and seal), must be provided to and approved by the City Engineer prior to the issuance of building permits. The plan shall provide specific design details for drainage along and away from the sides of the structures. The construction details of the drainage report and plan shall be shown and incorporated in the plan sets submitted for the building permit application. The drainage system shall be reviewed for approval of the installation by the City Engineer prior to the issuance of a Certificate of Occupancy for either of the buildings (Lots 1 and 2). 6. An engineering report and design shall be completed to the satisfaction of the City Engineer to assure that the width, support system and drainage of the road/access/utility easement continues to maintain the ability to facilitate use, servicing and maintenance of the roadway and any utilities contained therein. 7. All material representations made by the applicant in this application shall be adhered to and shall be considered conditions of approval, unless otherwise amended by the Community Development Director, the City Engineer, or a Board/Commission having authority to do so. EXHIBITS: Exhibit A - Application Packet Exhibit B - Referral Comments from the Engineering and Parks Departments Exhibit C - Ordinance 49, Series of 1993 Exhibit D - Planning and Zoning Commission Resolution 97-2 Exhibit E - The Planning and Zoning Commission Resolution granting Conditional Use Approval for two (2) ADUs, with conditions APPROVED BY: �i Ttaa-Ca Community Development Director 2) 3) (indicate street dC •• ems, lot & block rnabr, legal description where apprvpri. ;;e) Present Zordxq � � 4) Lot Size ✓ 0 T Z ^ 0 S - r 5) Applicant's Name, Address & Phone w (U l.-) I tz L-LG � i I Pn-,Q- ��- -(kV A�2 � F Co f3 [ G [ ► 'I ZC) - 6) Representative I s Piave, Address & Phone $ -L,(-) t t- L L poe--1 cam►--� n,J 5o�_ 1 Sid. �� L� :Ek W ►�Z► - ���� - 92_1 442j 7) Type of Application (please check aU that apply): Conditional Use dal SPA Conceptual Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Q:eenline Gbnoeptual PUD Minor HistorIC DW. Strum Margin Final PUD Historic Demolition Mountain View Plane Subdivision Historic Designation Gbrricca.inb ra i za ti on Tlext/Map AmendIlmnt GKr S Allotment rot SpliVT-0t Lirp GK�S Exemption Adjustment 8) Des=:Lptian of EKIsti q Uses (nIMber and ttr.�►pe of � stems; appr=dmate sq. ft. ; nnnber of bedrooms; any previous appals meted to the PAY) I > 2-too OU V-) 3 TsI - 9) Description of Developmat-it Application 1 T'H pry � 10) Have you attached the following? LS Response to Attact=rrt 2, M i nilnam ,311ixn ion oantents �- Response to Attachment 3, Specific Submission Contents Response to Attachment 4, Review Standards for Your Application I iJ S� t'�s Tw-n ►,� r� t-1, , i T o P) , t D V& Win Erdeiprl m LLC 317 Perk Ave. aspen, Ct3 81811 9mle51 December 23, 1996 To whom k may ca n: Wigiarrs S. OwnPWI, Afuhitect PC, 175 Big Hat Rd, Basaft, CO Bte21-9778, A27-44;Z5, is my represwiv&e in maitt m conowTiN the properties described as Lot 1 and L.012, Kssteftc SubdivWim and located at SM and fib S. Riveraide Av., Aspen, Co_ TOTAL P.01 1 L-G J--1770 �::�•_lr'11� ;-(;I_II IJ II II:�f (.I C�lfl rr'I,'\IJ CJ �. .IG �.�i ��- I'J JG IC..'�U1 f r.lG CONSENT AND T►Ui'HARI:S2tZ'70ta TO PROC$86 SUILMNO PERMIT AND LAND USE A►PPLICATM The underuigned owners hereby authcrize Larry Winnerman whose address is 317 perk Ave., Aspen, CO. 81611, (phone 920-1851), and his selected architect, attorney or other consultants, as applicable, to process an applicaticn fcr a building permit and any and all other land use applications necessary for or related to the issuance of a building permit for the following property located in the City of Aopcn: Lot 2, KASTELIC SUBDIVISION, PUD, according to the plat thereof recorded in Book 33 page 62 of the records of Pitkin County, Colorado. Dated: october--<�, 1996 OWNERS t MAp 'E CASEY ; " 1717 8. tiL3.'17-mdaB Denver, CO. 30210 303-i77-8915 vts�C?A FRANCIS CASE ST. 1717 S. MILWAUKEE T. Denver, CO. 80210 303-777-8916 TOTAL P.02 n� �- T P'iP.TFI STREET LRW UFr ICES i �) :,Ci 25. 96 i2 22P(1 WES z . . CONe ..T ANT) Al BU111DINa vKA*:YT Aafl 1:A1�p APELICATIM The undersigned owner hereby authorizes Larry W-nnerman whose address is 317 Park Aver Aspen, CO. S16ll, (phone 920-1851), and his selected architect, attorney or other coneultanto, as applicable, to process an applioation for a building permit and any and all other land use appl cativris neceeeary for or related to he seuance of a building permit for the following property located in the City of Aspen: Lot 1, XASTELIC SUBDIVISION, PUpr accc.dir.g to the plat thereof recorded in Book 33 pea90 62 of the records of Pitkin County, Colorado. Dateds October jq, 1996 0wNER: B.A. POWELL LIMITED PARTNERSHIP i BY: le I • �y JQ on, General Partner za14 Sidd n valley Dr. Grand Junction, CO. 81503 970-241-0277 5 a -r\j rYl.4 PAPS Me C~ M.A. Aspen 01 G Marum lake we oo� 2-3 of Pod Awe OL ft — M-wh bb— LAwd CL r *7 AM. %I- Ek - A.&— cx r—r-34 aaT D, =At:L— OmkWw L ----F4 142 OA I—, n Ddd G3�s O"dDA 3 M..b. Let* no -----.CW2 E4 ES SeM� lk— G-1 ma C= w 2.2 M D5-2 F6 , P—',PA--F40 — --4 Ud CmdcC& C.ad A---- —]2 6— —IG5M fade C-J1.3 JW43 Tw Cb.dbm #A- Lm L_ oL td L. 1�7 7-8 CY,W Lft NL a$S D.k I-- D— Sul M4 F-I — -------- Mi. SL_041-3-3 7 ftn YL ------- — JG4t--*-6 ALPHA MAPS A A A Is jdak TO Oft A �11 7 PROJECT: Win -River, Kastelic Subdivision, Insubstantial amendment to approved PUD LOCATION: 570 & 580S. Riverside Avenue Representative: Bill Campbell OWNER: Winwin LLC Description of proposal: The applicant proposes to modify the existing PUD building envelopes as shown on the accompanying site plan (sheet 2,changes marked in red). Specific Submission contents: 1. The existing building envelopes for Lots 1 and 2 are shown on the accompanying site plan (sheet 2) 2. The proposed changes to the envelopes are shown in red on sheet 2 A closed traverse will be shown on the amended plat. 2. A site plan (sheet 2) is included with the application, proposed amendments are shown in red. 3. Previous development approvals: a. Ordinance 49, Series of 1993, Subdivision Exemption Kastelic Subdivision PUD, October 25, 1993. b. Resolution No. 97-2, Resolution of the Aspen Planning and Zoning Commission for the approval of Stream Margin (ESA) Review for two detached single family residences on Lots 1 and 2 of the Kastelic Subdivision PUD, January 21, 1997. C. Recorded Plat, Book 33, Page 62, January 7,1994. 4. Copies of recorded documents: a. Ordinance 49 b. Resolution No. 97-2 C. Recorded plat, Book 33, Page 62. Review standards (response to attachment 4): 1 The final development plat anticipated that a Stream Margin Review would occur. Plat note No. 9 allows the applicant to request changes in the building envelopes because of existing site conditions. The stream Margin Review created technical changes to these site conditions (original envelopes) which could not be reasonably anticipated during the approval process. Therefore the proposed modifications to the building envelopes constitute an insubstantial amendment to the approved PUD. 2. The proposed modifications are consistent with and enhance the approved final development plan. The building envelope changes are consistent with the underlying R-15 zoning. The plat notes call for increasing the "rear" yard set back on Lot 1 to 10 feet if existing buildings are removed. This has been accomplished. The project is further enhanced by the establishment of a "no development zone" which effectively moves the building envelope an additional fifteen feet or more to the East of the Roaring Fork River. 3. The project has been reviewed and approved under current community policies and regulations and thus insures its compatibility with current community conditions. 4. The proposed changes are shown on sheet 2, existing conditions & topography, prepared by Aspen Survey Engineers, RLS 16129. MEMORANDUM To: Mitch Haas, Project Planner Thru: Nick Adeh, City EngineeV4� From: Ross C. Soderstrom, Project Engineer /C Date: July 2, 1997 Re: Win River Building Envelope Insubstantial Amendment Physical Address: 570 & 580 Riverside Avenue, Aspen, CO Legal Address: Lots 1 & 2, Kastelic Subdivision, P.U.D., City of Aspen, CO After reviewing the above referenced application, making a site visit and conducting a meeting with the applicant's representatives (William Campbell and Herb Klein, esq.) and yourself on May 28, 1997, and subsequent revisions, these are the recommendations of the city Engineering Department. Only those items listed below have been further refined from the previous recommendations of our memorandum of May 9, 1997. 1. Easterly Building Envelope of Lot 2: Based upon the building footprint shown on the proposed site plan, this proposed building envelope may be adjusted to lie five (5) ft westerly of and parallel to the access easement line along the southeasterly side of the building envelope under the following conditions: A) That a drainage report and plan for the entire lot, completed by a currently registered Colorado civil engineer (bearing an original wet ink signature and seal), is provided to and approved by the City Engineer prior to issuance of a building permit for Lot 2. The plan shall provide specific design details for drainage of the easement shedding water toward the proposed building along the southerly and easterly sides of the building. The construction details of the drainage report and plan shall be shown and incorporated in the plan sets submitted for the building permit. The drainage system shall be reviewed for approval of the installation by the City Engineer prior to issuance of the certificate of occupancy for the building; B) That a vehicle guardrail be installed on Lot 2 by the property owner, prior to issuance of a certificate of occupancy for the building, along the westerly line of the access & utility easement where the building lies within ten (10) ft of the paved edge of the access easement driving surface. The guardrail may end where the graded shoulder of the roadway is greater than ten (10) ft in width and has a OF 2 DRCM8C97.DOC Memo - Win River Building Envelope Insubstantial Amendment Review, Last Revised July 2, 1997 • slope of 10(H):1(V) between the edge of pavement and the breakpoint of the embankment. The design of the guard rail will be provided to and approved by the City Engineer prior to the issuance of a building permit for Lot 2. The guard rail design shall meet or exceed the applicable standards for guard rails as currently established by the Colorado Dept. of Transportation (CDOT) at the time of building permit issuance; and C) That an engineering report and design be completed, to the satisfaction of the City Engineer, to analyze and design the type of lateral support necessary for the roadway and any utilities where either; 1) a cut or embanked slope exists within ten (10) ft of the edge of pavement nearest the building envelope after final grading, and the finished grade separation of the access easement driving surface to the lower floor elevation of the garage is greater than four (4) ft vertical, or 2) the embankment slope exceeds 1.5(H):I(V), at any point (measured perpendicular to the easement line), between the near - edge of pavement and the building envelope. The retaining wall or structural equivalent will be located on the private property outside of the easement, and will be constructed so as to maintain access to existing utilities, provide lateral support to the roadway, and not reduce the clear width of the roadway below the existing 18 ft (20 ft minimum if the existing shed is removed) so as to maintain emergency vehicle access. The design of the retaining wall shall be provided to the City Engineer for approval prior to the issuance of a building permit for Lot 2. A currently registered Colorado civil engineer shall design any required retaining structure (plans bearing an original wet ink signature and seal) to the standards of the City Engineer. The construction details of any required retaining structure shall be shown and incorporated in the plan sets submitted for the building permit. Construction and approval of any retaining structure shall be completed before issuance of the Certificate of Occupancy for Lot 2. 2. Vehicular Access: - Access to the property is through the access and utility easement which also serves the adjoining property to the south. The access easement should remain at least twenty (20) ft in width (excepting the existing sheds if they remain). The maximum permissible grade for a driveway meeting either a public or private right-of-way is 12% grade within twenty (20) ft of the property line which impact the grading of the proposed circular driveway. Depending upon the final geometry used for the fire department access, the grade of the access easement may need to be even flatter than the 12% grade stipulated for private driveways. Rather than wait until building permit issuance to resolve the fire department access needs, this need should be resolved in conjunction with this present action. In the final site grading, fill material may be needed at the toe of the access easement leading to the property south of Lot 2 and/or the access easement may need to be re -graded in order to reduce the grade of the finished driving surface into the adjacent property. 3. Revised Subdivision/PUD Plat: The above conditions shall be included in the revised subdivision/PUD plat recorded prior to issuance of a building permit for either Lots 1 or 2 in the Kastelic Subdivision/PUD. 2OF2 DRCM8C97.DOC • 0 Memorandum TO: Mitch Haas, Community Development Planner FROM: Rebecca Schickling, Parks Department DATE: May 14, 1997 RE: Kastelic Insubstantial Amendment and Conditional Use Review CC: John Krueger, Trails Coordinator We have reviewed the applications submitted for the Kastelic (Win -River) properties and offer the following comments. The trees proposed to be relocated on Lot 1 must survive a minimum of two years after transplanting. A tree permit should be applied for prior to applying for the building permit, however, the best time to relocate the trees would be in the fall. The trees are currently contained on the west by a concrete/rock wall which should help the relocation effort. All trees shown to be saved must have construction or snow fencing placed around the perimter of the drip line of the trees and no excavation or placement of fill shall occur within the driplines of the trees. Additionally, silt fencing must be place along the 7960 line with no excavation and no placement of fill is to occur in the "no build zone" per the stream margin resolution #97-2. The City is still pursuing a trail in this area and would still encourage the applicant to work with the Parks Department on a trail easement. • • CITY OF ASPEN COMMUNITY DEVELOPMENT DEPT. 130 S. Galena St. Aspen, CO 81611-1975 (970) 920-5090 AGENCY REFERRAL FORM The City of Aspen Community Development Dept. has received a land use request as highlighted below. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the staff evaluation, your written comments are due back to this office on APPLICANTS PLEASE NOTE!! Applicants or their representatives are encouraged to attend the DRC meeting to discuss the project. The DRC Meeting has been scheduled for Wednesday, _April 23 , 1997 at 10:30 am in the Sister Cities Room of City HAIL Planner: Mitch Haas Phone No. 920-5095 Fax No. (970)920-5439 Applicant: WinWin, LLC Phone No. Fax No. Representative: Bill Campbell Phone No. 927-4425 Fax No. 927-8561 Location of Property: 570 and 580 S. Riverside Ave. (Lots 1 and 2 of Kastelic Subdivision/PUD) Summary of Request: Insubstantial PUD Amendment to alter the building envelopes in response to affects of stream margin review. Residential Units: SF MF Affordable ADU: Acreage/Square Feet: FAR Ratio Allowed: FAR Proposed: Zoning: Existing: R-15 Proposed: R-15 REQUESTS TO BE PROCESSED Amendments Growth Management Q.S. Site Plan Review Text Exemption Special Review Map Residential/Tourist Accom. Special. Planned Area (SPA) Administrative Review Office%ommercial Subdivision Plat Insubstantial Historic Reviews Lot Line Adjustment Appeals Exemptions Lot Split Change in Use Minor Condominiumization Conditional Use Conceptual Timeshare ADU Final Final Plat Other Landmark Temporary Use Environ. Sensitive Area Landmark Lot Split Variance Stream Margin Review Demolition/Relocation 8040 Greenline Review Significant w/SPA or PUD Exemption Ord. 30 Residential Review View Plane Review Planned Unit Development Exemption Conceptual Hallam Lake Bluff Final Exemption 1 a***h atAMMdment SPECIAL ISSUES: Agency Issues H yulie \pro-Veter4.doc 4 MEMORANDUM To: Mitch Haas, Project Planner Thru: Nick Adeh, City Engine ji�a From: Ross C. Soderstrom, Project Engineer �. Date: June 10, 1997 Re: Win River Building Envelope Insubstantial Amendment [Lots 1 & 2, Kastelic Subdivision, P.U.D., City of Aspen, CO] After reviewing the above referenced application, making a site visit and conducting a meeting with the applicant's representatives (William Campbell and Herb Klein, esq.) and yourself on May 28, 1997, these are the recommendations of the city Engineering Department. Only those items listed below have been further refined from the previous recommendations of our memorandum of May 9, 1997. 1. Easterly Building Envelope of Lot 2: Based upon the building footprint shown on the proposed site plan, this proposed building envelope may be adjusted to lie five (5) ft westerly of and parallel to the access easement line along the southeasterly side of the building envelope under the following conditions: A) That a drainage report and plan for the entire lot completed by a currently registered Colorado civil engineer (bearing an original wet ink signature and seal) is provided to and approved by the City Engineer prior to issuance of a building permit for Lot 2. The plan shall provide specific design details for drainage of the easement shedding water toward the proposed building along the southerly and easterly sides of the building. The drainage system shall be reviewed for approval of the installation by the City Engineer prior to issuance of the certificate of occupancy for the building; B) That a vehicle guardrail be installed by the property owner, prior to issuance of a certificate of occupancy for the building, along the southeasterly edge of the building envelope where the envelope lies less than seven (7) ft from the access easement line plus an additional four (4) ft at each end to return the ends of the guard rail. The design of the guard rail will be provided to and approved by the City Engineer prior to the issuance of a building permit for Lot 2. The guard rail design shall meet or exceed the applicable standards for guard rails in residential areas as currently established by the Colorado Dept. of Transportation (CDOT) at the time of building permit issuance; and 1 OF 2 DRCM8B97.DOC • • • Memo - Win River Building Envelope Insubstantial Amendment Review, Revised June 10, 1997 C) That a retaining wall system or structural equivalent be constructed by the property owner, prior to issuance of a certificate of occupancy for the building, along the southeasterly edge of the building envelope where the envelope lies less than seven (7) ft from the access easement line plus an additional two (2) ft at each end to transition the retained embankment to the grade of the finished garage floor. The design of the retaining wall shall be completed by a currently registered Colorado civil engineer (bearing an original wet ink signature and seal) and shall be provided to and approved by the City Engineer prior to the issuance of a building permit for Lot 2. The retaining wall design shall meet or exceed the applicable standards for a vehicular roadway supported by retaining wall(s) as currently established by the Colorado Dept. of Transportation (CDOT) at the time of building permit issuance. 2. Revised Subdivision/PUD Plat: The above conditions shall be included in the revised subdivision/PUD plat recorded prior to issuance of a building permit for either Lots 1 or 2 in the Kastelic Subdivision/PUD. 2OF2 DRCM8B97.DOC • E Cp�-r s-rAtA oAft577 1-r c AN... pF,S1.Cxa �f�'.t��!i�tova, MEMORANDUM To: Mitch Haas, Project Planner Thru: Nick Adeh, City Engineer From: Ross C. Soderstrom, Project Engineer &5 Date: April 30, 1997 response is updated to May 9, 1997 final response Re: Win River Building Envelope Insubstantial Amendment [Lots 1 & 2, Kastelic Subdivision, P.U.D., City of Aspen, CO] After reviewing the above referenced application and making a site visit, I am reporting the comments of the city Engineering Department: 1. Proposed Building Envelope Changes on Lot 1: The proposed changes to the building envelope would shift the eastern edge of the building envelope to within a couple feet of the westerly access easement line at a skew angle to the easement. Based upon the building footprint shown on the proposed site plan, this alignment does not offer any advantage in positioning the house nor in site design therefore we recommend that the building envelope line be established parallel to and not less than five (5) ft. from the access/utility easement line. The space separation will provide a buffer for working space and lateral support between the existing (and future) utilities in the easement and the foundation of the building, particularly when excavating. For comparison purposes, a lot in this zoning district served by a 30 ft access easement would typically have a 40 ft setback from the access/utility easement line however given the "no build" zone on the westerly side of the lot, a shallower setback is workable. Moving the southerly building envelope line an additional five (5) ft. northerly, for a total of ten (10) ft from the property line, is acceptable. 2. Proposed Building Envelope Changes on Lot 2: Differing from the case on Lot 1, the building envelope line should maintain a ten (10) ft buffer from the access easement line and not be extended closer to the access/utility easement line due to the topography in this area of the lot. The roadway and access easement slope downward from the Gordon Subdivision such that surface drainage will shed toward the building envelope. Since the existing roadway lies within a couple feet of the easement line in this section and the roadway surface from the Gordon Subdivision is a northerly exposure, this section of the driveway becomes icy which may contribute to loss of control of a vehicle l OF 2 DRCM897A.DOC Memo - Win River Building Envelope Insubstantial Amendment Review which would slide toward the building envelope on the downhill side. Based upon the building footprint shown on the proposed site plan, this proposed building envelope alignment change does not offer any advantage in positioning the house therefore we recommend that the building envelope line remain unchanged (i.e. 10 ft separation and parallel to the access easement) along the southeasterly side of the building envelope. Squaring -off the southerly portion of the building envelope line (on the northerly side of the building envelope), where it lies in a northeasterly -southwesterly orientation, is acceptable. 3. Site Access Lot 2: In lieu of the circular driveway shown on the proposed site plan, a single driveway curb cut of not more than 18 ft in width is recommended. Neither the proposed building footprint nor other site conditions necessitate the use of a circular driveway. 4. Recordation of Conditions of Approval from the Stream Margin Review: Since the conditions of approval established by the previous stream margin review (Planning and Zoning Commission, Resolution 97-2) have not been recorded on a revised plat, these should be incorporated in the plat recorded for this Insubstantial Amendment. These include Conditions 1 through 9, inclusive, of Resolution 97-2. If a site plan sheet is included as part of the revised Subdivision/P.U.D. plat, a tree legend table should be added to the site plan and tree locations should be identified by circled numbers instead of oversized graphic symbols to improve the ease of reading the site plan. An explanatory note(s) shall be added to the plat enumerating and describing the changes from the previous Subdivision/P.U.D. plat reflected in this Insubstantial Amendment and further stating that all other conditions of the previous Subdivision/P.U.D. plat, not changed or amended hereby, are still in affect and valid. 5. Future Reviews of Site Design and Development: The preceding comments and recommen- dations are based upon the conditions proposed in the submitted site plan (revision date 01/31/97). If these substantially change, particularly site grading, drainage, building footprint(s), or placement of building footprint(s), the proposed development should be reviewed again by the Engineering Dept. to verify the recommendations against any subsequently proposed revisions to the site conditions. 2OF2 DRCM897A.DOC bJ CAMPBELL ARCHITECT 97092?8561 t1L� 1'ltl_jIJ1J MA'i' 14 ' 9? 15 : C5 No . 003 P.01 • ARCHITECT, P.C. 175 Big Hat Road Basalt, Colorado 81621 (303) 927-4425 Mitch Haas Community Development Department i;30 S. Galena St Asper,. GO 61611 14 May, 1997 Dear Mitch, have reviewed the 9 May 97 comments from the engineering depuilment regarding the Win River Building Envelope Insubstantial Amandrnerrt_ I have the following comments: Items 1 U. The proposed changes to the bulldlnp envelopes were established to provide flexibility in determining the final building location. Moving the envelopes closer to the proposed buildings reduces that flexibility, The new envelopes on the East side are located along existing fence lines which means that they enclose yards vWk ii are already developed. Since a "shallower set back is workmble" I would request that they bo left as proposed. The foundations of the proposed residence will be much deeper than the utilities son undermining should not be a problem. A retaining wall along the southeasterly odge of the envelope will provide protection from vehicles. hem 3: 1 feel this is a subjective oomment. The circular drive is a design issue not an engineering problem. Item 4: We will include all required Items on the plat. Item 5. We will submit any substantial changes for review. Sinoorely; V'fjIliam B. Campbell Agent Memorandum TO: Mitch Haas, Community Development Planner FROM: Rebecca Schickling, Parks Department DATE: May 14, 1997 RE: Kastelic Insubstantial Amendment and Conditional Use Review CC: John Krueger, Trails Coordinator We have reviewed the applications submitted for the Kastelic (Win -River) properties and offer the following comments. The trees proposed to be relocated on Lot 1 must survive a minimum of two years after transplanting. A tree permit should be applied for prior to applying for the building permit, however, the best time to relocate the trees would be in the fall. The trees are currently contained on the west by a concrete/rock wall which should help the relocation effort. All trees shown to be saved must have construction or snow fencing placed around the perimter of the drip line of the trees and no excavation or placement of fill shall occur within the driplines of the trees. Additionally, silt fencing must be place along the 7960 line with no excavation and no placement of fill is to occur in the "no build zone" per the stream margin resolution #97-2. The City is still pursuing a trail in this area and would still encourage the applicant to work with the Parks Department on a trail easement. .�e VAA on �` v"� .• �. KASTELIC SUBDIVISION. P.0 D. } 2. �A 1;_,;-__ Aspen PLANNED UNIT DEVELOPMENT rN17^ILA• NAS -El LPFc ,NO APPROVED} IV TOO CITY OF ASK* Pt A1Mi1M DIRECTOR •f; A AL'. •EN a T,fSF PAEJt+rl ••,A• E CA :AaEr FA ..M. PF,RLJE+iA• F O --2 'N17 �Dllc_ OF ANitONY AASTFL'C, DECEA]E7, MRO'E [. SFYNluIoiV SEER OF '.E •fLE1N DESCF'7F0 AF t_ AOIFI•. .N:)CR )rt AkITEL iC K'NS •rf SEES, A10 EW:iNtE Dtnl Af nF •f 411k N hSJ FEC ACA_ rAO,EL •Y 'N -,E c:" OF AM%, I'TA:M COkPV` CO.Oa oo 'JO •ERt1' "'so of Nok P.R' ,,OVER" +Mro :.OTS AID J MSTLLIC SI■DIVIS,OY, rL Awwt4 JN J! r "•1'oE.. .... 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A rAAO fFT IACNIACA FON LOT I atMLL 1E VM ED FROM 1\ 1 11 , N ` r - .E RE•Xl RED 'kN Fir ° F Ve FEET FOR 'NE El•$TIND RESIDENTIAL , r- -r CL_E 11 bI RECORDL_F S ACC& , - a_wrJ 5 .wn•.r.. r. �t :c. A ,r +Y 51NUCtU1E •1E Rk OERELOM'EVt Jf 10T '-dOLIBA nE A.ILACt` T i c•„a f SITS lu' Y tl Pf •.K 9 -c. •G: f,wst t.rerOw •E El(ISr •rN NkX 5wiAL $IIUCT,lEi SML_ ,.GIII./ '•" IE - reel Nir•r to t5A[ :.�.MYry .Iw C I,a '.o )f AALL-•.L :!a •a PART '■..: w I' �,. atL. .P• .. AH NIIoNAL REou1 REiENrs a THE R ofE ? s; a.c. .ro ••E \ I.sI wILDI•. fwvELOPE O N lr. caaNa. t AP•H l . 1 f •.ety - a ,ci.t"a NovEO 1U1_D'NB iNA Ea NfI .xiLF 75 A11 ED FAOI)0/, 'E IW RFV.E1 { NuA tff fc /yf t LwKy I,a nres:'w »\CF$s F •E Cx'S•INB 11CS!OENTt AI STRUCTURE ON ,.0• If ONMNED '�� \ '� TMIf KAT W .MIIPH FOR AF(DaDINB IR TPE aK:CI OF 7Pf QLY AND RECN:.E• AF afAaa 1 ■1'AI f It I ON 'ff7TR0YFO N DOLE » N IMI AMv AECOMl rS T'OM lMµl rICCUR \ IS , : '41 '"E i,l U■Lf rNOv ]IONS df TIE MIAVIc. PAL •_ODE. I `� .� P'IRIN COUNTY, COIORAW NI] SAY Of • N.I Al �IpO ": Ot R of•:f I ...» rwa w :Aa fwta•r.r 5a yFY3 �rr.Y :. Aawa ,II ,L r•P tit ,t •5, P!a rar rrcot ,. ,R'JA TD BPS. MICE Of ANY WIL51)IJ PERMIT FOI 0• ' M 'OT ), IN Pt.Ar 4)0■� A7 IAE RFCIPr•OY ARAsfa a r-.lw,Yr.1 •.o N,.,, w,aOrr� ..r ewa ..r _Pt Aw.: •...fA .0 TNEE RdOv1: •EMITS IItµL IE IOU Ian FOR ANY •NE OVEM t- IY ) a�12'00'f yfSs K fraw 1' Vr • .. :,alar.: .;AL:rFs MI ARE ROtDV[0 » AELOGAffO. .J '♦ ■_C __--_ II :•)1 3f' , )i I,ftw fYc".t.: w•r MA D❑/� 7 L R •F'lf' ■ )♦ a0 rw< I.•.,rI..KJ .twat•wI •c tL a•ut of .•pf _A.rJ ? rRla ' I»f.rCf of ANY 1UILDIM'EMITS F» 'Or I NN 'OT J, GORDON AE VIL ICMT >•M:= CO 1 NIT" r,E C'1V' EWOI•EIN TO Df TERMITE .VOTES A;•\C. : { ca wrl ON P.TW:A. STAtS1O :OLJIA•D �ETK# A MAMrE ArA�nlf :) NFt-if■ARY JC. PREPARED 11 + - - a YOM RfOE rE•Lo rtMt OF OT M OT 2, fl )EAtOIITION AM AEf LAA'DEY• µL EASEPENT7 OF RECORD 47 'Ri.GrEO OF iPai EXIli IMO REl &OEM&&µ 04LLIIIA ON SUCH tOT r"f *%*Lg EN OF SUXN GY fIr111N DDNITY' TITLL NC. II'AI SrEEt SITE PLAN, CFR` F'CA •f S, _EaA. DESCR ,• ON ENGINEERS LOT ]MLR 3TIME ALL UTILIrIE1 oN fA1O1 LOT AM !"CITE r' :eIIERa°uo CWNItPtfNt-ftT-sa 1,3 iATep 1,-alwp ASPEN SURVEY INC 47 4EWiINEO OM SVC.:oT. -AVE N*A .4- IEaEAF1 Tl[ NPLICANt SAAALL ADfE#E TO AL' REf REfENi ArIWn wAOE IN TE S SEET J EX'STIN1 CyrplT oMf, 10IO4APNr 110 s EA SONG sTNFCT MILIGTIM AM TANNING THE RE EN PROCESS J. 2oNE DISTRICT it Na- na.e - n r r r 0 SON )SO0 i E - ■ Palw TO TAE .fSWAC� of Arr WILDING IEaMI r7 A REVIEW OF ANY O ) coNri77 $6 17-o1•S) W. • REY/ WIT" I cwrr W ,w rrt at•ItNca aaM .aw .[ ALEIh CARD 0'11' r rrOPOffD CIMN�7 fROM rlE N,ROYALI AN SET FOR IEOE IN. (PALL WE "AD6 PLM.IC WS 'aI JN• OR K 'S'�- M nRe ,lA» rr0 .wr WV "S PLASMIIIW AND ENW NEARI• DE/�11 TTENTS. r.o J+.,r I■rra • �• r rA•SIE.ifX IJOJt IIA M'B j E FaxW "Vey Po A►IENT 31* SRW 3 SoR uarAaab w,a 0•IM u' true 1 TNIa ,IIML r Ar AFFLKTS '.,E ■EYIs" WILDIMW T:IVKOPE7 i.DIUTIMB 017Ca1PT10N. �� w c,tAOlsa Isa •'T.w ti 1PIaT TTE EXIITILAT rKS7 ARE IM fA4�r`.0 TfD ASD TMf PE E/C.£-5 ME WT • TtIIS n, r w � ".LC. • G� L RE.I)m ]EC N] .SNJ we OF STNEAN IIAANIN UVIE,,T•r1 'PI• W. KASTELIC SUBDIVISION. P.U.1D. { RI'VER5IDE AVE •20' "1 0 20 40 . I W C,JRVE a. rA ANGLE R:J JS ARC r4NGENr CHORD CHORD BEARING IouLDrR I =I C ti5.00'SS920 15 BO 47 40 26' 80 44' N )`J•40'OO'E r•u e.44 D I C - 8 so ll' i cc- \ \ _lvtr ,t 1. •''i I\ _ / 'a I SLAND A. c.T V LICK \ i A. -1 SS-E ,IW '.,1 ct N7E 1. 11 • rl il. �.� 'I J1 I \ v I 'tOUSf 0r;EAIC am vq Ao 1. I ,rv. / r. - • I T A,_ ) I ij v •� i!. I l E rl0 ,SNFII�j�'II�1 y, - A •-r Vo � "•7JSE � Ip 1 p ly ay 1 e y it II •� GT `f i `; 1 :- ,i .{; ....1:. ... r � JI IA %�-(fit .1 _ _- •I/ / I \ y{p I t '4{�� RASArENrA crl Pv{) w . R.L AL SAN G 0 R D 01` 1 :; Ij S O 80WVDAiV Ne -:AE'E NT .. � BN 266 IG _)' not ICE' A�11� TE COL4»DN LAW r4R1 Pl/i Wm_ rrR LLBK .1I W MSA4 JfN AM US, WITNPI 71f1 YEARS M NO M0M, CI SOOVSR fKM GIILCI IN w EYLSQ. AMY ANY "I ION eASLD 'JVA } ♦ APM V140Or IN ra14 N.wr ■a oaRFFFc■o raalE TIrM ra •aAAo FaoY ,.a o.TL s Ti unlFlurlaA .li+vtfb'. Av SLAI(J 'Ea1 XAO'ES � FO.xD SIMVE• ,IofaAE1 S'pVE♦ M1I NT ED S.TM AND 1 M 5 ISUS N rJ IE_.0, CAP AESMI CO,A.TOI*S -OM AEa.I • S,,9161 COW-" 10 N' N7 A _I•Y Pak CWIIOAIEA.•M _AND roe r.r'_E .NSURAAIGE WAS iIMD h '.•E ME r AENCV OVERNEAO .:' L'f ES I ER'L 'S A I'rr- 0A S:.YC'Y'SI ON AS FIE_ ASIE, "NEE Y,. R V CON'F" 'SEE .OT r4111,W0 rREE Tl �. 5 I'4G COND 1 I W-5 11AP !I • MEPAPIED BY ENGI..EER'S I` I GORDON S,.AK S I Off ro s NALkrw sT ' N o NOx 2lO6 AsKh. COLoRAJO 6,612 t SIC 5) S75- ".6 JOB NL vIS[G w x VO tOTi' SH T 2 OF 2WEE TEs axt r)J-u L1. 0 e • • A •I 0 0 0 CURVE D LTA ANGLE RADIUS C 1 05 000 ' 35 ' 920 25 ' SCAM I INCH - 20 FEET 0 10 20 30 40 CONTOUR INTERVAL IS 2 FEEI N '9046'00"W 3 47' ARC TANGENT 30 47' 40 26' t CHORD CHORD 3EARING 30 44' N 73040'00'r RIVERSIDE AVE HALL, SIb4 I iJ J 1 i \J �./ I \J cI (N/ C, FOLNG SUF(VFY MONJM,_N( AS CESCRIBEO SURVEY ORIN1EC W,T,, rOJND MONt,MEN-S rOR. CORNERS 5 ANO 6 M S 390 AM S 45'W ISi CO BRASS CAP AN0 YELLOW CAP RESPECTIVE-Y J SE1 SPIKE SURVEY CONTHO- POWcr• PO,E CON 6N%EALTr-- ANJ T11LE INSURANCE COMPANY' CONWITMENT FOR Ti%i INSURANCE CASE NO PCT-5062 C2, DATED 16i01790 WAS USED ;N rhE ?REPAkA11CN OF lr: S SURVEY ---X---- WAS USED tr4 'HE "REPAWICN OF TH S SURVEY - -- ,i---- -- CVERHEAD JT I; I' I S 2-4 F`-T 01 ::NOW CJVERED THE PRGPFR(Y AT THr TIME OF Tn1S SURVEY. Ate_ SJBCIV'.SION CORN:k5 SET ON 12-01-93 NO. 4 REEIAR W11H PLASTIC CAPS-16129' OR '16129 WC' _ IOC YEi,R FLOOD PLAIN FROM THE BAN :8. 9v1 STu-)Y EY 1 SCHMUESER GORDAN MEYER e s �p e Jl I I 98 v' ° 3.78 /E NO�� 20'� I , a PUMP 7,6.00' T ASPEN 'NEE 1 kOC % i C<7 I J�nf`�OlF / I H F CSC (v o. / N 69 3 IOW¢0 4 46j j�\ \� u„ t -- - • �\f CTTN 'N\ \ r-_ 42 9' mt' ' -S CONIFtn 1RE'- CJ 89.45'05'W �'2`� m• I y11 I 1 ` � WEAK J a v, \ umi, 9 1� 1 l .✓� I 0• { m 11COTTCNAOOD TR'F w •� � �,. t � 1 , I It z � � n l �L. STONE G ASP / I /22 RETAINI G SE C P d �.. Y� WALL IN CXX u, N Vt II - rR 2 I SIRI 1 m TI �•. J' j may, !.' 11 ' / \ / ?TN,r I I 14' lu -0 t �I '- \ \ \ GAS', I. . !- 'I' BOUT@c°k RETAINING WA_L "I s oo l off/ ' ' f2 ` -,' 12 t �In I L Ci o o4 _ ,o . i \ S8 O'E - SHFl� I 6• ��i T'(t, a y 9 -9- r CT TNWDS I S,, n,)USE it (� 4 Fi '` .� I r� - [AT O' nI i 2 ' 1 �� C 0-1 ; t_rt0T OAll SHED0 I I ( T L j oo l „i .T ! ORES 40X 213 50 FT 3 009 50 F1 o I jr i I I �l i ..(G! I ' SLOPE: SOx aC%. - - -- ev7 to SO -'- --I-5 708 50 FT �. yrA u'' -OPLS 20x .3Gx 2 43 SO r' i S_OPLS (20x -�- 2 232 SO F T 18. 14O SG F T \ I18 CTTNW�- J 6--9 s�1 ' - :�EVELO ABLr AREA I 7 199 SO FT 51.963 50 A )j o AHcA BELOW HW_ - 8 .600 $0 F T I 7 0-0 -SO.:-] —- — --__ p�' kC.>C r tSc.MENT I - 4 227 SO r ( - - - 5_097 SO_r1_i 8 -CTTNW •i /� �"^_`i _ i 2Ed k I —i /l ��11 r- EAsr EN r-- ---- - DnVID W. Mc BRIDE. A kEGIS tkEG LAND SURVEYOR IN 1FE SIATE J � � 1�� , \ I � � � - ------------ - --�---------• \� 7 \ 8K 249 G b3� OF COLORADO. HEREBY CERTIFY THAT T-IIS PLAT WAS PREPARED FROM111 52 Y JILO �. CTA, >RcA 30 6'6 $O F'. 44 r10 SC F! T� . A FIELD SURVEY PREFORMED UNDER MY SUPERVISION IN----.°y } -�-_-- ING Eno- GPL- -I. -- 1-- I ^((�� \' / \ �` \ `---.-----_ _---- --1-------------_-�.----------- .----- 199- AND IS TRUE AND CORRECT `G T-1E BEST OF KNOWLEDGE AND BELIEF. THIS CER'T1=(CATION IS VOID UNLESS WET STAMPED ON ),,N ORIGINAL BLUEPRINT. C1TIN \ / \ /7 / / S I GNcD THIS -- DAY OF _--. 199-. r 40. 55 i 30.20- Q 76.60' �,X6Ti�4 ar'-Ittl 'f1 �� 1 -i DAVID N. Mc BRIDE RLS 16129 ___---- \ �� GCR�JL,rI J�iB�J I lJ I S I ON �PIL_AkS / S 8742'00-E BOUINDAR) INE AGREEMENT PREPARED 8) 6K Bc; rG 26; ASPEN SURVEY ENGINEERS. INC 210 S. GALENA 5TREET ACCORDING TO COLORADO LAW YOU WJST COMIENCF ANY LEGA, ACTION P.O. BGX 2506 BASED UPON ANY DCFECT IN THIS 'LAT WITHIN TitREE YCARS AFTER YOU ASPEN. COLD. 816:1 FIRST 515COVERED SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED PHONE/FAX 19701 525 3dlo UPON ANY DEFECT IN THIS PLAT BE LOYYENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. JOB NO !9777D JAN. 31 1997 • • • - • SCALE - I INCH - 20 FEET 0 10 20 30 40 CONTOJR INTERVAL IS 2 FEET N 19°46'00"A' 3 47' 1 �`� 'E7&eo DAVID W. Mc BRIDE. A REGISTERED LAND SURVEYOR IN TFE S?ATL OF COLORADO. HEREBY CERTIFY THAT 7115 PLAT WAS PREPARED FROM A FIELD SURVEY PREFORMED UNDER MY SUPERVISION IN 199— AND IS TRUE AND CORREC' '0 TIE BEST OF KNOWLEDGE AND BELIEF. THIS CER'TI (CATION IS VOID UNLESS WET STAMPED ON AN ORIGINAL BLUEPRINT. CURVE DEL TA ANGLE C I 05 °00 ' 35 " RADIUS 920 25 ' RE,Dw�.�D ARC TANGf_-n'T CHORD 90 47' 40 26' BO 44' C' CHORD BEARINGte,,�Q�(�C N 73°40'00'"c3��'ua� x� A 1, Abw 6z � 2 i RIVERSIDE AVE i 0 x ' 111 � •o / t 20. W c� \ \ \ \ d c S OPt P�icE AS 0 i c / 45 F i GH WATI.R MART( ' 2 L0: FIELD LOWED%\ 12K`i \ 12 RUC APRUC- '`* �• �` / `! I SLAND S70N RE7AIN S EN1 j wall! rF F:K I NG rlh 7 2 CTT y w� 4 UC V C `r I{r JNIve oL 3 28 t� i.' 1 .7 i T. J A * ` PUMP J� 00 1 J f { k'Gc I HOF t CSC ( t j N 89'3 iil 10'W 20 46'4!C) CTTN f^, WEAK ! / f 9 ?Z. STONE L` / s 1 22' / RETAIN• G \;� sE' P / WALL + IN cJF,C 2 TTNAv I I+ 12• �_ I C o. o s 1= I s \ s8 " ISH I !/ 6- � - I 6) i 1 o CTTNWDS s 1 / \ o j SHED o 0 0 0) °, �t I i L i I� G OVE i I j IF B CTTNW� s 6 �' ,'' 1 / ti I r MM• � 1 � / D O \ 1 l o . / OO 4 i CP I8' TTNWD , JJ. \ j �bJI n vlb ,VISI N 00'14'00'E ' �o EL. •° cT -r r I m , BOULDER %" W WALL i p <�_/ O'- O 11 z } 1 N \ In � I 1 � I ul, , It rl v 1 I a , A .1 sP _ ,o 14'cl a+ _ - - N ¢ o I , -L - HED 1 ` 'O I vlm. 1 1 1 2 '�EN k , 1 L FAS ENJ 8K 2,49 G 635 FOLN, SUP.VFY MONJIMEN( AS CESCP.iBED SURVEY ORINTFC W�Tn F0'JNC MON,MFN-S FOR wkNERS 5 AND 6 M S 390, AM S 4`'W I51 CO' BRASS CAP AND YELLOW CAP kESPECTIVELY SE1 SPIKE SURVEY CONTRO_ 0 POWct• POLE COkWGNWEA-Tn ANJ TILL- INSURANCE COMPANY COMMITMENT FOR TilLi iNSURANC' CASE NO PCT-5062 C2. DATED 10/Glib AAS USED ;N fhe ?REPAkATICN OF 'L. S SURVEY -----4----- NAS USED IN !HE 'kEPARAT ICN OF 1H S SURVEY - — — r -- CVERHL,,D JT 1: 1 t 1 .5 2 4 FELT 01 SNOW CJVERED THE FROPE'RTY AT TH: TIML OF. THIS SURVEY. A,.- SUBDIV SION CORNERS SET ON 12-0-9.3 NO. 4 REEIAR W17H FL ASTtC. CAPS-16129' OR '16129 WC - IOC YEAR FLOOD PLAIN FROM THE JAN-. :8. 1991 STuDY EY / SCHMUESER GORDAN MEYER ASPEN TREE CONIFtk IRE,. ,ram COTTCNw00D TR C ,• 90J,.DER REMAINING W4!L_ 1 '1' 1' 1 A!-JL_A T i ViV 01 L07 — SLOPIS >4Ux 1221 SO FT ! i- 3 004 SO FT I LOPES 30x 40x bj7 SO FT I 5 708 SO FTl7� ! 20x 3Cx 2 43i SO 1" 106 Suu^.FT ; .OPEs OPES <20x 2 232 SO F1 8 140 SC FT I I EVEL.O ABLE AREA I '89 SO FT il.963 SO FT Nr.A BcLolk H6•'._ 8 boo S0. F T 7 050 50. - I j II rASEMEN'T I 4 217 SO 1 / 1 S 097 SO.-� •r OTAL AREA .50 b'b ..0 •F7 •; , 44 110 Su S I GNED TH I S —._ DAY OF _____—. 1 99—... _ ••�--- - - �_ \ � 43-7 W.C. 158.07- -- _ - h„- � n ` i _ . 30.20_ QS B� 2'00 ,F4u. J>\ _ � DAV 10 4. McGk I DE RLS 16129 \ GO R D,C S U B V I J I S I O ti ,/3 �,Ql�' "�p61I��O�OIIE, BOUNDARY , IivE AGREEMENT w;4- ',PREPARED BY e-r BY Y•)6K t,;: PG 26 I Gv , Q ��ttTT (REso.9� n���1� SPEN Sl Rl EY ENGINEERS. INC � 210 S. GALENA STREET 00 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LL�,A GAL ACTION _ GYM./' ` 1•" ASPEN. COLD. P.O. BOX 25 BASED UPON ANY CEFEC) IN 1HIS 'LAT WITHIN fFIREE YCARS AFTER YOU '1 `�v �p ,�� Jai 61b.l � „\�� FIRST jISCOVERED SUCH DEFECT IN NO EVENT, MAY ANY ACTION BASEC P�10NEiFA). 19701 925-381G �lY i UPON ANY DEFECT IN THIS PLAT BE (:OIMIEMQD HONE THAN TEN YEARS ,{ FROM THE DATE OF THE CERTIFICATION SHOWN HERLON. 'v- JOB " � 4"�'D JA'J 31 I ti'�+ ' • • • Mr. Herb Klein 201 North Mill Street, Suite 203 Aspen, CO 81611 Dear Herb: AsPEN ' PITKIN COMMUNITY DEVELOPMENT DEPARTMENT April 1, 1997 This letter is intended to correct. clarify and serve as a follow-up to the letter of March 25, 1997. In the previous letter, it was stated that, "provided the vested rights associated with the original approvals are allowed to expire, the lots in question are left unencumbered, without building envelopes. Thus, an insubstantial PUD Amendment to modify the building envelopes would not be applicable." Upon further review of the Municipal Code and subsequent discussions with the City Attorney, it has become apparent that this opinion is incorrect. In fact, Planned Unit Development (PUD) approvals in the City of Aspen do not expire, rather only vested rights associated with such approvals expire. That is, under the Aspen Code, vested rights provide property owners with an assurance that any approvals granted vested rights status will not be affected by subsequently ,enacted changes to the City's regulations. Thus..vhile the vested rights expire after three years, the PUD approvals last forever, unless and until amended. Consequently, the building envelopes approved as part of the Kastelic PUD/Subdivision are still in full force and effect, and remain legally binding unless and until amended pursuant to the provisions of Section 26.84.080 of the Aspen Municipal Code. Revising the designated building envelopes can be done as either an insubstantial PUD amendment or as a significant PUD amendment. An insubstantial PUD amendment would be accomplished administratively (i.e., Community Development Director's sign - off), while a significant amendment would _require City Council approval after staff review and a Planning and Zoning Commission recommendation. If an insubstantial amendment is pursued, the proposed/revised building envelope will need to comply with all of the dimensional requirements of the underlying zone district, including minimum side and front yard setbacks. If the proposed envelope is designed to allow for development that would not comply with the dimensional requirements of the underlying zone district, the proposal would be considered a significant amendment. If a significant PUD amendment is to be pursued, the City Council is permitted to vary the dimensional requirements of the underlying zone district, including front, rear and side yard setback requirements, minimum distance between buildings, minimum. percentage of open space. and/or other dimensional requirements, as outlined in Section 130','L? 1- -._ENA STR-ET • A47EN, COLoR_k.x S1611-1975 • PHONE 970.920.5090 • FAx 970.920.5439 . "-•ra'r reeve d.d Papa 26.84.030(B)(4) of the code. The review criteria by which such variances can be granted are the same as the criteria by which a PUD is reviewed, namely those requirements contained in Section 26.84.030(B)(1)(a-d) of the code. As mentioned in the foregoing, City Council review of a significant PUD amendment requires that the proposal first be brought before the Planning and Zoning Commission in order to obtain their recommendation. The hearing before the Commission can include both the conditional use review for the proposed accessory dwelling units, and the review of the PUD amendment request. Of course, any conditional use approvals granted by the Commission at such a hearing would be contingent (conditioned) upon Council approval of the requested amendment. When applying to amend the PUD Development Order to revise the building envelopes, whether it be through the insubstantial amendment process or the significant amendment process, the proposed/new envelopes will need to be designed to accommodate the accessory dwelling units, while maintaining the ability to presen e the significant trees that exist on each of the sites. The amendment(s), if approved, ' vill need to be recorded in the form of a revised plat. There are many potential design solutions that can be pursued. For instance, the proposed locations of the ADUs could be revised to fit within the minimum setback requirements, they could be moved to above/below the garages, or variances could be sought. It is recommended that City staff be conferred with prior to deciding on a single solution and/or direction. If you would like to arrange a meeting, or if I can be of further assistance to you in any way, please do not hesitate to call me at 920-5095. Sincerely. Mitch Haas, Planner, City of Aspen • Mr. Herb Klein 201 North Mill Street, Suite 203 Aspen, CO 81611 Dear Herb: AsPEN • PITKIN Commu.\m, DEvLLOPmENT DFP.%RTVE\7 March 25, 1997 This letter is intended to serve as a follow-up to our meeting of Tuesday, March 25, 1997. In discussing the disposition of Lots 1 and 2 of the Kastelic PUD/Subdivision with the Assistant City Attorney, David Hoeffer, my opinions have been confirmed. That is, provided the vested rights associated with the original approvals are allowed to expire, the lots in question are left unencumbered, without building envelopes. Thus., an insubstantial PUD Amendment to modify the building envelopes would not be applicable. Rather, the conditional use approvals should be pursued via Planning and Zoning Commission review; as part of the Commission's review, a variance from the dimensional requirements of the underlying zoning (i.e., minimum side yard setbacks) can be requested by the applicant. The building envelope for each lot would not need to be designated until the applicant_ is ready to apply for a building permit. These envelopes should be .designed to accommodate the accessory dwelling units approved by the Commission, while maintaining the ability to preserve the significant trees that exist on each of the sites. Hopefully, this will clarify the process that your client will need to follow to achieve his/her goals with respect to the development of Lots 1 and 2 of the Kastelic PUD/Subdivision. If I can be of further assistance to you in any way, please do not hesitate to call me at 920-5095. 4 Sin _-ly P12nner, City .Aspen cc:\ Bob Nevins, Planner Julie Ann Woods, Community Development Deputy Director 130 SOLTII G:\LE\A SFRLFT Ai ['E\, COLORADO 81611-1973 NONE 9"0.920a090 FAx 970.920.Jd 39 Rioted- R"'I'd Paper