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Home My WebLink Aboutcoa.lu.sm.733 E Bleeker St.A078-02 ("", CASE NUMBER PARCEL ill # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY ~ A078.02 2737-073-60005 733 E. Bleeker Stream Margin Exemption 733 E. Bleeker Sarah Oates Stream Margin Exemption Jeffrey Kallenberg Dick Fallin 10/21/02 APPROVED 12/9/02 D DRISCOLL ~ ; '''1 r-, MEMORANDUM TO: Julie Ann Woods, Community Development Director Sarah Oates, Zoning Officer 5" Q" FROM: RE: 733 E. Bleeker Street-Stream Margin Exemption DATE: October 21, 2002 SUMMARY: Jeffrey Kallenberg, owner, represented by Dick Fallin of Balcer Fallin Associates has applied for an exemption from the Stream Margin Review to add a 338 square foot addition (135.8 square feet of floor area) to the lower level ofa 'i2 ofa duplex. The property is Lot 2 of the Creektree Subdivision PUD and, in 1994, as an amendment to the PUD, Lot 2 was allotted 5,876 square feet of floor area for the duplex. The property is located on the Roaring Fork River and within the Stream Margin Review area. The addition will not increase the footprint of the building nor will the construction be any closer to the high water line than the existing development. ApPLICANT: Jeffrey Kallenberg. Represented by Dick Fallin of Baker Fallin Associates. LOCATION: 733 E. Bleeker Street. ZONING: R-6 PUD. Moderate-Density Residential Planned Unit Development. REVIEW PROCEDURE: Development that meets the criteria in Exhibit "A" may be approved by the Community Development Director. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." The application has been included as Exhibit "B." RECOMMENDATION: Staff recommends the Community Development Director approve this Stream Margin Exemption with the following conditions: I r"\ n I. The development may occur as represented in this application. 2. The proposed work is outside of the 100 year floodplain. 3. Prior to constmction, the applicant shall obtain all necessary permits from the Building Department as required. 4. The applicant shall install and maintain a temporary silt constmction fence for the duration of the project along the southwest portion of the building envelope, between the addition and river, to assure all drainage is maintained on site and not permitted to drain to the river. 5. Given the continuous problems of unapproved work and development in the public rights-of- way adjacent to private property, we advise the applicant as follow: The applicant must received approval from City Engineering for design of improvements, including landscaping, within the public rights-of-way, Parks Department for vegetation species and for public trail disturbance, and Streets Department for mailboxes, street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from the Community Development Department. ApP1WV AL .A f. I hereby approve this Stream Margin Exemption for a 338 square foot addition at 733 E. , '/~eR Street as with the above conditions listed 1-5. I V ~.!'l'- ft"::l) C{). Ocr~ i4:!4fU~1} " J <01' D(j;;" vt! Clll I::qJ;..w. y OrA '<<:N10. 8Pc,t' !/RCCiOr/ ACCEPTANCE: I, as a person being or representing the applicant, do hereby understand and agree to the conditions of this approval and certify the information provided in this application is correct to the best of my knowledge. c.J~ date 1'?'Z..1.k>;a-- Ie Ann Woods, Community Development Director ~k~~~~ ~ Dick a in, representative Jeffrey Kallenberg, owner. date;b<z,v<o 2- ATTACHMENTS: Exhibit A-Staff Comments Exhibit B-Application 2 t'i () EXHIBIT A STAFF COMMENTS: Section 26.68.040(C) Exemption. The expansion, remodeling, or reconstruction of an existing development shall be exempt from stream margin review if the following standards are met: A. The development does not add more than ten (10) percent 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 (25) percent. All stream margin reviews are cumulative. Once a develoment reaches these totals, a Stream Margin Review by the Planning and Zoning Commission is required. Staff Finding: The proposed addition is 135.8 square feet of floor area (a 3% increase in floor area for the duplex). The owners of the other Yz of the duplex applied for a Stream Margin Exemption in 1989 which increased the FAR by 5%. Cumulatively, this proposal is still below the 10% cap. The applicant is also not proposing to increase exempt square footage by more than 25%. B. The development does not require the removal of any treeforwhich apermit would be required pursuant to Section] 3.20. Staff Finding: No trees will be removed. 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; Staff Finding: The expansion will not be any closer to the high water line than the existing development. (0 The development does not fall outside an approved building envelope if one has been designated through a prior review; Staff Finding: No development is proposed outside the designated building envelope. (ii) The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the] OO-year flood plain. Staff Finding: No development is proposed within the 100-year flood plain nor will the amount of ground coverage be increased in the I OO-year flood plain A n ATTACHMENT 2 -LAND USE APPLlCA nON Location: 1), Name: APPLICANT: Name: .-7 - LA- ""I{ {CJ { "" -- Address: Phone #: REPRESENTATIVE: Name: Address: Phone #: PROJECT: 0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt. 0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development 0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt. 0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition o ,GMQS Exemption 0 Subdivision 0 Historic Designation [3/ ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane 0 Lot Split 0 Temporary Use 0 Other: 0 Lot Line Adjustment 0 Text/Man Amendment ])uPL-GV. C~Ze-:e PUD ( , Au/I Ji)J.:r;: .(:;;y,7'",aR./AJT Have you attached the following? FEES DUE: $ o Pre-Application Conference Summary o Attachment #1, Signed Fee Agreement o Response tc Attachment #3, Dimensional Requirements Form o Response tc Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic co of all written text (Microsoft Word Format) must be submitted as part of the application. ,if 5"00. . Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. The recommendations of the Aspen Area Community Plan: Parks/RecreationlTrails Plan are im- plemented in the proposed development, to the greatest extent practical. (Ord. No. 55-2000, S 7) 26.435.040 Stream Margin Review. A. Applicability. The provisions of the Stream Margin Review shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, and to all development within the Flood Hazard Area, also known as the 100-year flood plain. "2;,~;~1i:g~mP"\i()n$:~The Community Development Director may exempt the following types of de- , , 'velopmeIlt within the Stream Margin Review area: 1. Construction of pedestrian or automobile bridges, public trails, or structures for irrigation, drainage, flood control or water diversion, bank stabilization, provided plans and specifications are submitted to the City Engineer demonstrating that the structure is engineered to prevent blockage of drainage channels during peak flows and the Community Development Director determines the prop.osed structure complies, to the extent practical, with the Stream Margin Review Standards. ,," 2. Construction of improvements essential for public healtll and safety which cannot be rea- sonably accommodated outside of the "no development area" prescribed by this Section including, but not limited to, potable water systems, sanitary sewer, utilities, and fire suppression systems provided the Community Development Director determines the development complies, to the ex- tent practical, with the Stream Margin Review Standards. 3. The expansion, remodeling, or reconstruction of an existing development provided the fol- lowing standards are met: -see- A~ a. The development does not add more than ten (10) percent to the floor area of the exist- ing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five (25) percent. All stream margin exemptions are cumulative. Once a development reaches these totals, a Stream Margin Review by the Planning and Zoning Commission is requirlld; and, c:::t::. 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. * c. The development is located such that no portion of the expansion, remodeling or re- construction will be any closer to the high water line than is the existing development; KAl..-~~ '1 "J"? e, 13~ 1'iSpt;,V LPr Q. c~rx:~::n~ee lsr-A-~ fYp,.. Of.2J}-,02- iJ f?I?- f?t-/...-tA,J .J..-,,-,~.. ~.piA(vvttJ ~ ?l't-S' .4:t-S'r "'J2-S-,"U:>~ -FAX (~IZ"CU9 ?l oK (i) The development does not fall outside of an approved building envelope if one been designated through a prior review; and ok (ii) The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the 100-year flood plan. C. Stream Margin Review Standards. No development shall be permitted within the Stream Mar- gin of the Roaring Fork River unless the Community Development Director makes a determination that the proposed development complies with all requirements set forth below. No development shall be permitted within the Stream Margin of the tributaries of the Roaring Fork River unless the Plarming and Zoning Commission make a determination that the proposed development complies with all requirements set forth below. 1. It can be demonstrated that any proposed development which is in the Special Flood Haz- ard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, in- cluding, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; and 2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in the proposed plan for. development, to the greatest extent practicable. Areas,.of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisher- man's Easement;" and 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made out- side of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Section 26.435.040(F)(l); and 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. In- creased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs carmot be drained outside of the designated building envelope;lW-d 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency; and 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and 'P. :z.. n '~ ~p~ 'Pr.J L"O, z. C:::::K6C:/Cr~(?E: f'vtO ,_",~_"",_,__";-_~~,'''''_'~''''''_'__.'_''''~'''''''" .~ " .._~'" "_,'_._N' .",.~"".,....,~~...,..- ,_.....,-,.~-~..._-,..__ Fk~ AJ-JA/,...-I,(S ~Sf'iAlA..::."'P.l:1f)l/~- _.______..,..,...,..._'~.'.'m___'.___ "1 ~~ rAiV ~ -r ,',S'" 0'1J~r. --~,..........,.."...... ~...- VI 1.-1-1$." ' $"<1<4,7 Wi-c, ~ (... &.>'-1', '.I. 1'--" >'/1; , 1 vL.- +"8.'5" c.....f...'1 B<.l~~: -i'~ ,-e:~-ii -\- -';~"1=~;~--d $: ~''''l 5"'4.t,.. ri MW r\oDfTI.:>),J ~R. , 1')5. a. p:l. <. q '1 S" , ~ '" rl :. PI:: :. ~ % PA1:::. kNA(..'-I~{s y~ ~ /),'(J)vGX ----_...__._'"~_.~,....,.,...... -.........'. "," ..', ::-:'...."..., ',: .- . I E-1<-t-:>\: ".; z.. 1.\-'16 . 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