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Home My WebLink AboutLand Use Casecoa.lu.sm.731 Bay St.A026-03- 731 Bay Street Stream Margin Review - 2737-07-3-11-001 A026-03 ..4.>,r. I 1 -- \ \ 5 ek#ve> 3*> Sl IM . r, i )\~ 2 7 33 6-7 3 1 100 1 . r.. 1 9315 . I. COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 d (970) 920-5090 City of Aspen Land Use: 7%7 1041 Deposit 1042 Flat Fee ~ 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 4 96, CO 1205 Environmental Health ~ 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1165 Remp Fee 1303 GIS Fee 1481 Housing Cash in Lieu ~ 1383 Open Space Cash in Lieu ,/ 1383 Park Dedication 1468 Parking Cash in Lieu 1164 School District Land Ded. i TOTAL 3571/73, D kt b i r 1 40 4 N C--~v I le 14.-a (/ NAME: Tr 1 ?/ ADDRESS/PROJECT: 27 74 / 44 q \ / 2737 07 3ll DO/ PHONE: CHECK# CASE/PERMIT#: Abllp, 017 # OF COPIES: DATE: 1, INITIAL: , / CASE NUMBER A026-03 PARCEL ID # 2737-073-11001 CASE NAME Fullerton Stream Margin Review PROJECT ADDRESS 731 Bay Street PLANNER James Lindt CASE TYPE Stream margin Review OWNER/APPLICANT Richard Fullerton REPRESENTATIVE Alan Richman DATE OF FINAL ACTION 06/30/03 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION APPROVED W/COND BOA ACTION DATE CLOSED 07/08/03 BY D Driscoll PARCEL ID: ~2737-073-11001 DATE RCVD: |05/12/03 # COPIES:] CASE NO|A026-03 CASE NAME:~ Fullerton Stream Margin Review PLNR~James Lindt PROJ ADDR:~731 Bay Street ~ CASE TYP:~Stream margin Review STEPS:~ OWN/APP: Richard Fullerton ADR ~510 E. Hyman Ave Ste C/S/Z: ~Aspen/CO/81611 PHN:~970-925-9187 REP:~Alan Richman ADR:~Box 3613 C/S/Z: ~Aspen/CO/81612 PHN1970-920-1125 FEES DUE:|$185.00 Engineering FEES RCVD:|$525.00 Dep $185.00 Eng Rc STAT: F REFERRALS| REF:| BY] DUE:~ *45Â« MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION:| CITY COUNCIL: REMARKS " PZ: BOA: CLOSED: |*9 Bri DRAC: PLAT SUBMITD: ~ PLAT (BK,PG):| ADMIN: 4-tp'c-,1,1â‚¬Ct.(At ..1111 4-~708 1 111111111 lillil P, 1 of 8 ..111. 06.--/2003 10:54A SILVIA DAL:S FI[KIN ZIL.-FY CO R 41.00 D 0.00 MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: James Lindt, Planner CS-I~ RE: 731 Bay Street Stream Margin Review DATE: June 4,2003 APPLICANTS: Richard B. Fullerton, represented by Alan Richman Planning Services LOCATION: 731 Bay Street (Lots 10,11, and 12 ofthe Oklahoma Flats Subdivision) ZONING: R-30 PUD REVIEW PROCEDURE: A stream margin review may be approved, approved with conditions, or denied by the Community Development Director, pursuant to Section 26.435.040(C), Stream Margin Review. BACKGROUND: Richard B. Fullerton ("Applicant"), represented by Alan Richman is requesting a stream margin review approval to extend his existing deck to the north by approximately 130 square feet and to do some cosmetic changes to the existing residence at 731 Bay Street. The existing single-family residence is located within the 100-year floodplain and was constructed pursuant to a stream margin review approval that was obtained in 1986. DESCRIPTION OF PROPOSAL: The Applicant is requesting approval to expand his existing deck by 128 square feet and extend it to the north into the side yard setback by approximately thirteen (13) feet. The proposed deck extension and hot tub is not to exceed thirty (30) inches above or below natural grade within the setback and is proposed as shown in the photo below. 14- 1 lil i lil i 11 11 lilli lili 34708 l Page: 2 of 8 06/30/2003 10:54A SILFIA CAL.S FITKIN C.L. FY CO R 41.00 D 0.00 In addition to the proposed deck expansion, the Applicant would also like to make some exterior alterations to the existing residence. These proposed alterations include removing two large trellis-like features that exist on the rear deck and replacing some existing windows with larger windows on both the north and south elevations. The proposed alterations will not add any square footage that counts towards the property's allowable FAR because the deck extension is proposed at grade, which exempts it from FAR calculations. STAFF COMMENTS: In reviewing the proposed request, staff does not believe that the application will disturb any native riparian vegetation in which the stream margin review process was enacted to protect. The proposed deck extension does not require the removal of any trees and is located on an area that has been planted with non-native bluegrass. Moreover, the new deck area proposed is located further from the river at every point than the existing deck. Therefore staff believes that the proposed deck extension will have a negligible impact ort the stream margin area. The Applicant has proposed to designate a building envelope on the property that would encompass the existing residence, existing deck, and the proposed deck. Staff does not believe that a building envelope is appropriate for the site in that it is already improved from property line to property line with non-native vegetation that would not be allowed outside of a building envelope. Therefore, staff recommends that the city setback regulations remain in affect on the property rather than establishing a building envelope. CONDITIONS OF APPROVAL: It has been required that the Applicant provide the Community Development Engineer with a letter from a licensed engineer certifying that the expanded deck area will not increase the base flood elevation on the property. This letter shall be submitted at the time of building permit submittal. The Applicant has also consented to granting fisherman's easement to the City of Aspen as is represented on the site plan that is attached in Exhibit "B". Staff is also requiring that the Applicant hold harmless and indemnify the City of Aspen and the Aspen Consolidated Sanitation District for any damages or losses to the existing deck located in the sewer easement that may occur as a result of any required maintenance or upgrades to the existing sewer line or the installation of a new sewer line. The above-mentioned sewer easement is located on the eastern extent of the property. Additionally, staff has proposed a condition of approval that requires all exterior lighting to comply with the City of Aspen Lighting Code. 2 lilli 111 1- lilli lilli lilli ~ 484708 Page: 3 of 8 06/30/2003 10:54A SIL'v IA DAE:S F: r,<Il\ .21-'FY -3 R 41.00 D 0.00 RECOMMENDATION: Staff believes that the proposed application meets the review standards for approving an administrative stream margin review. Therefore, staff recommends that the Community Development Director approve the proposed stream margin review request to allow for the 128 square foot addition to the existing deck as is depicted on the site plan in the application attached as Exhibit "B". In addition, staff recommends that the Community Development Director approve the minor exterior alterations to the existing residence that are illustrated in the elevation drawings that are attached in Exhibit "B". APPROVAL: 1 hereby approve this administrative stream margin review to allow for a 128 square foot deck addition as is depicted on the site plan that is attached as Exhibit "B" and minor exterior alterations as are illustrated in the elevation drawings that are attached in Exhibit "B", with the following conditions 1. The Applicant shall submit a completed floodplain permit that is signed by a licensed engineer prior to building permit issuance. The Applicant shall also submit a letter from a licensed engineer prior to building permit issuance certifying that the proposed deck will not increase the base flood elevation on tile property. 2. All exterior lighting shall be downeast and meet the City of Aspen Lighting Code pursuant to Land Use Code Section 26.575.150. 3. The Applicant shall submit proof of flood insurance on the existing residence prior to building permit issuance for the deck expansion. 4. The Applicant shall indemnify and hold harmless the City of Aspen and the Aspen Sanitation District for any losses or damages to the deck that exists in the sewer easement (12' wide easement along the eastern property line) as a result of required maintenance and/or replacement of the sewer line within said easement. The Aspen Sanitation District shall also have unrestricted ingress and egress to do maintenance and/or replacement of the sewer line within the abovementioned sewer easement. 5. The Applicant shall erect construction fencing along the southern edge of the existing deck throughout the entire width of the property and contain the area of disturbance to the north of this construction fencing. The Applicant shall maintain the construction fencing throughout the construction process until a certificate of occupancy is obtained. 6. The proposed deck expansion and new hot tub shall not exceed thirty (30) inches above or below natural grade within the R-30 (Low-Density Residential) Zone Districts required ten (10) foot side yard setback. Additionally, as part of the building permit application the Applicant shall demonstrate that the deck 3 47708 Pa ; of 8 06/30/2003 10:54A SILVIA D X.S PITRIB Â·0=L..FY Â·-1 R 41.00 D 0.00 expansion will not exceed thirty (30) inches above finished grade within five (5) feet of the edge of the deck on all sides. Ifthe deck addition exceeds thirty (30) inches above finished grade within five (5) feet of the deck. a handrail will be required and a dimensional requirements variance will be needed. 7. The proposed hot tub shall not be drained to the south of where it is to be located. In addition, the proposed hot tub shall be drained entirely on the Applicant's property. 8. The Applicant shall record a Fisherman's easement agreement at the Pitkin County Clerk and Recorder's Office that grants the City of Aspen a Fisherman's easement running the width of the property from the centerline of the river to southern property boundary as is shown on the site plan that is attached in A pED 701 fExhibit "B". i *6 f L ..v / 1-- L. J,jii 4 2003 at#,Lks->_ date G (1/ 05 :.ENT DIRECTOR JufFAnn Woods, Community Development Director Cl-17 OF ASPEN V ACCEPTANCE: I, as a person being or representing the Applicant, do hereby agree to the conditions of this approval and certify the information provi cation is correct to the best of my knowledge. ,- date 4215~ 03 Owner or Authorized Representative / ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application Exhibit C -- Referral Comments 4 lilli 11 -- 1- 11 lili mill 06/30/2003 10:54A ~ ~ ~ 484708 Page: 5 of 8 SILVIA [A\:S PITKIN 21.-TY _O R 41.00 0 0.00 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS STREAM MARGIN REVIEW STANDARDS The proposed development is located within an environmentally sensitive area described as a Stream Margin and is subject to Stream Margin Review Standards. No development shall be permitted within the Stream Margin unless the Community Development Director makes 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 Hazard 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, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development. Staff Finding Staff believes that the proposal to add 128 square feet of deck area to the property will not increase the base flood elevation on the property. Nonetheless, staff has proposed a condition of approval that requires the Applicant to obtain a letter from a licensed engineer prior to building permit issuance that certifies that there will be no increase in the base flood elevation on the property. Staff finds this criterion to be met if Condition of Approval No. 1 is adhered to. 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 to the greatest extent possible via a recorded " Fisherman's Easement." Staff Finding The Applicant has proposed to grant a Fisherman' s easement from the centerline of the river to the southernmost property line as is shown on the site plan that is attached in Exhibit "B". Therefore, staff believes that the proposal meets the recommendations of the Parks/Recreation/Open Space/Trails Plan in the AACP. Staff finds this criterion to be met. 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Section 26.435.040(F)(1). 484708 11 lili 111 1 1 il lilli 11111111'ill 06/30/2003 10:54A Page: 6 of 8 S-LVIA DAVIS FI-KIN COUN-Y CO R 41.00 D 0.00 Staff Finding The Applicant has proposed to designate a building envelope on the property that encompasses the existing residence, existing deck, and the proposed deck. Staff does not believe that a building envelope is appropriate for the site in that it is already improved from property line to property line with non-native vegetation that would not be allowed outside a building envelope. Therefore, staff recommends that the city setback regulations remain iii affect on the property rather than establishing a building envelope. In addition, staff is requiring that the Applicant fence off the deck throughout the construction process. Staff finds this standard to be met. 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. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope. Staff Finding The proposal does not interfere with or pollute the Roaring Fork River. Additionally, staff is requiring that the Applicant not drain the hot tub south of the proposed hot tub location to insure that the water does not end up in the river. Staff is also requiring that the Applicant submit a letter from a licensed engineer that certifies that there will be no increase in the base flood elevation on the parcel as a result o f the proposal. Staff finds this standard to be met. 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and a copy of said notice is submitted to the Federal Emergency Management Agency. Staff Finding The Applicant is not proposing to alter the watercourse in any way. Staff finds this standard to be met. 6. A guarantee is provided in the event a watercourse 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. Staff Finding The Applicant is not proposing to alter the watercourse in any way. Staff finds this standard to be met. 7. Copies are provided of all necessary federal and state permits relating to work within the one-hundred-year iloodplain. Staff Finding The Community Development Engineer has determined that the proposed work is exempt from requiring state and federal permits because it is a minor improvement to an existing structure. Staff finds this standard to be met. li lli 11 l illi lll lilli 111111 lili 6/30/2003 10:54A Il 484708 -age: 7 of 8 S.LVIA DAVIS FI-KIA COL..TY CO R 41.00 D 0.00 8. There is no development other than approved native vegetation planting within fifteen (15) feet back of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers, and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100 year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department. Staff Finding The Applicant is not proposing to extend the structure any closer to the river than already exists. Thus, staff does not believe that the proposal is inconsistent with the intent of this standard in that no existing riparian vegetation is to be removed. The land where the deck and hot tub are proposed already consists of non-native grasses. Staff finds this standard to be met. 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020, as shown in Figure "A". Staff Finding The existing residence is already located within fifteen (15) feet of the river's top of slope as was determined by the City of Aspen's Top of Slope Map that was prepared by Sopris Engineering. Staff believes that because the deck addition and the exterior alterations to the existing structure do not increase the structure's height and do not add on to the riverside of the structure, this standard is not applicable to this specific proposal. 10. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with section 26.575.150. A lighting plan will be submitted with all development applications. Staff Finding Staff has proposed a condition of approval that requires all o f the exterior lighting to meet the City of Aspen Lighting Code pursuant to Land Use Code Section 26.575.150. Staff finds this standard to be met. 11. There has been accurate identification of wetlands and riparian zones. Staff Finding Staff believes that the area of land proposed to contain the deck expansion is neither a wetland nor a preserved riparian zone. The land where the deck expansion is proposed contains non-native grasses. Staff finds this standard to be met. 1. FULLERTON STREAM MARGIN REVIEW Iial LOTS 10,11 and 12, Block 2 OKLAHOMA FLATS \ -- S 15â€¢30'00'W 169 â€¢/-' TO MHW (162.ID ) 1 00 82#ER Eâ€¢25&%BOOK 244<2 ' *.i--- E 0 8 K- -1 -111 11---,11-:1Â·I~@/ 1 11 ,-17'Al /L .Â· t ~ ~ -- 8>00~" -3 ~ . s ~ORM TO 1,0.0 9 C 3. t p.., v :5 DE/ LU i i *i DECK To RAWN 12 Bi ~02,6.I & 1 i 1 --1--Â·--E0'-I~W~ /12/1,1Â·~ :,Â·AE-~~ ~.frmf-'=~ 1 O 0 N 4, 4:_ 1 - &:4*84 / Of 6 ~râ„¢Y 49.- .1...151. Â· b. 1.47Â»1 -494-d. :-.Â·...1 1 1 . Â·1 I Re,1,/ED I c L -r * V i BASIS OF BEARINGS N 15â€¢30Â·00/6 15.~ ./-Â· lu -W (154.219 :943 "+ e ~o-Â© NEA.21;L:DU \ 02 e 16 1 DRAWING: NEW SITE PLAN Erbgre-,42%~ 5 mf~p~=F# 2=a ISSUE: DATE: BINLDING FOITPRI,fr THIT AAE DISTURBED SHAL BE REPUCED WIrH %,TWE GRISSES,SHAUBS OR TFEES. 5-14-03 00.0 a 00 ' I t, hi 03 Al-'123 NI>I-,LId SIA,WO WIA,1JS 049:0I Â£00Z/0Â£/90 JOB NO. 0320 g Jo g :ebed SHEET NO. S1 BLOCK 3 Ekk Jo i 91)31!HZ)21Â¥ 3331NNAD STWVHD 33NBC]IS321 NO13311nd Â£59,Â·-0*Zi :MIJ . 06SIS . lAÂ¥ NVWJUI 0/ 133315 AVe LEZ ,05,Â·5Â£80Â£6 -X'A . (]6gy-Â·â‚¬Z,0.[6 ~rill 1955-QUILG Â·XVi . IZE-lIZ,Â£~6 . SE,W 00'3(]MITUL . -3AY O(MIOKD -3 0/ O(]~OlOD 'N3dSV BAY STREET 3 NIEIVOU 111 li li 111111 1111111 lili 111 lili 484709 Page: 1 of 3 06/30/2003 10:56A SILV A DAVIS Pi-KIN CObNTY CO R 16.00 0 0.00 FISHERMAN'S EASEMENT AGREEMENT THIS FISHERMAN'S EASEMENT AGREEMENT is made and entered into as of June 15, 2003 ("Agreement") by and between: Richard B. Fullerton ("Fullerton"), and The City of Aspen, Colorado, a home rule municipal corporation (the "City"). RECITALS A. Fullerton is the owner of that certain real property legally described as: Lots 10, 11, and 12, Block 2, Oklahoma Flats addition to the City and Townsite of Aspen, County of Pitkin, State of Colorado (the "Property"); and B. Fullerton desires to grant to the City a perpetual fisherman's easement and right of way within the area between (a) the southern boundary line of the Property and (b) the center line of the Roaring Fork River (the "Easement Area"), and the City desires to accept such easement, on the terms and conditions set forth herein. Now, therefore, in consideration of the sum of Ten Dollars ($10.00) in hand paid, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, the parties agree as follows: 1. Grant of Easement. Fullerton hereby grants and dedicates to the use of the general public, for fishing purposes only, a perpetual non-exclusive easement and right-of-way over and across the Easement Area. Specifically, said easement shall permit the public to walk and fish within the Easement Area, and no other uses are granted by this instrument, Notwithstanding the foregoing, however, the parties hereto agree that: (a) Fullerton retains onto himself (and his successors and/or assigns) the right to use and enjoy the Easement Area for all purposes which do not interfere with the easement rights created hereby: (b) nothing contained herein shall be deemed to grant to the public (or any other party) any rights to use any portion of the Property except for the Easement Area; and (c) Fullerton does not represent and/or warrant that he has title to the Easement Area, and no such representation or warranty is implied hereunder. 2. Prioritv. The rights and privileges granted by this Easement are subject to prior agreements, easements, and conveyances, whether recorded or unrecorded. Fullerton represents that he has no knowledge of any recorded or unrecorded agreements, easements or conveyances with respect to the Easement Area which would preclude use of the Easement Area for a fisherman's easement as contemplated herein. 3. Indemnification. It is the intention of the parties hereto to make the Easement Area available to the public for fishing purposes without charge, and to limit any potential liability to Fullerton that may arise from the use by lillillillamillul lill lill lillillillualit lill 484709 Page: 2 of 3 06/30/2003 10:56A SILVIA DAVIS PITKIN COUNTY CO R 16.00 0 0.00 the public of the fisherman's easement granted hereunder. Accordingly, the City hereby agrees, to the extent permitted by law, to indemnify, defend, and hold Fullerton harmless from and against any claims, lawsuits, judgments, awards, costs, or expenses (including, without limitation, court costs and reasonable attorneys fees) that may arise from or relate to any use by the City or the public of the Easement Area. Nothing contained herein shall constitute a waiver ofthe City's rights as provided in CRS Section 24-10-101, et. seq. 4. Run With the Land. All the provisions of this Agreement, including the benefits and burdens created thereby, shall run with the land and shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns. IN WITNESS WHEREOF, the parties have signed this instrument the day and year first written above. RICHARD B. FULLERTON -07*â‚¬01_ CITY OF ASPEN Attest: -*?24 j@L,2/ Page 2 111111111111111 li lli lilli 111 lili 06/30/2003 10:56A 484709 Page: 3 of 3 S.LV.A DALIS FI-KIA COUNTY CO R 16.00 D 0.00 COL-o Et? DO STATE OF -GAE+FeRN+A ) ) SS. COUNTY OF FLT Ki.j j The foregoing instrument was acknowledged before me this335 day of June, 2003, by Richard B. Fullerton. Witness my hand and official seal. /~~9261fjÂ·, My comm@sion expire*: ~257/ 1/gOO >/ Q..... Â·Â· 1.A ~1 1 /, lt:,4/ . *ge je 2 ipf jok&' By: L . M- 2/2- 27--2-<, Notary Public/ ~ 25 b...............5,20~ STATE ~~f' Page 3 CITY OF ASPEN COM-DEV 484708 ATTN JAMES LINDT Brian Flynn, 08:52 AM 06/30/2003, Fwd: Re: Fwd: Fisherman's Easement Question Page 1 of 2 X-Sender: brianf@ comnions X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Mon, 30 Jun 2003 09:52:54 -0500 To: jamesl@ci.aspen.co.us From: Brian Flynn <brianf@ci.aspen.co.us> Subject: Fwd: Re: Fwd: Fisherman's Easement Question X-MailScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean Yes. we do, thanks. Did you ever track down any type of map or other thing which can identify where all of our fishing easements are located. X-Sender: stephene@commons X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Mon, 30 Jun 2003 09:48:42 -0600 To: Brian Flynn <brianf@ci.aspen.co.us> From: Stephen Ellsperman <stephene@ci.aspen.co.us> Subject: Re: Fwd: Fisherman's Easement Question X-MailScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean Sounds good to me. At 09:46 AM 6/30/2003, you wrote: Guys please confirm for me that we accept fishing easements to the centerline of the river. thanks X-Sender: jamesl@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 Date: Mon, 30 Jun 2003 09:33:17 -0600 To: brianf@ci.aspen.co.us From: James Lindt <jamesl@ci.aspen.co.us> Subject: Fisherman's Easement Question Cc: austinw@ci.aspen.co.us X-MailSeanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean H i Brian, Thanks for asking around about the question I had on Fisherman's easements. I wanted to make sure you understand my question. A guy on Bay Street has consented to give us a Fisherman's Easement iii conjunction with a stream margin review application to add on to his deck. The Fisherman's easement would be part in the river and part out of the river because he owns to the centerline of the river pursuant to the state statutes. Nick Adeh wanted me to verify that it is Okay with you guys that part of the easement is below the water line. 1 have looked at some previous fisherman's easement agreements and it appears that other have been done to the centerline of the stream as well. Please e-mail me confirmation that this alright so that we can accept the easement. Printed for James Lindt <jamesl@ci.aspen.co.us> 06/30/2003 Brian Flynn, 08:52 AM 06/30/2003, Fwd: Re: Fwd: Fisherman's '1 ement Question Page 2 of 2 Thanks, James Brian Flynn, Parks & Open Space Coordinator 130 South Galena St Aspen. CO 81611 970-920-6011(P) 970-920-5128(F) Stephen Ellsperman Deputy Parks and Open Space Director email: stephene@ci.aspen.co.us phone: 970-920-6010 City ot Aspen Parks and Recreation Department * 130 South Galena Street Aspen, CO 81611 * C970)-920-5120 rian Flynn, Parks & Open Space Coordinator 30 South Galena St Aspen, CO 81611 970-920-6011(P) 970-920-5128(F) Printed for James Lindt <jamesl@ci.aspen.co.us> 06/30/2003 tbracewell@aspensan.com, 03:06 PM 06/27/2003 , 731 Bay St. E ents Page 1 of 1 From: tbracewell@aspensan.com Reply-To: <tbracewell@aspensan.com> To: "James Lindt" <jamesl@ci.aspen.co.us> Subject: 731 Bay St. Easements Date: Fri, 27 Jun 2003 15:06:10 -0600 Organization: ACSD X-Mailer: Microsoft Outlook Express 6.00.2800.1106 X-AntiAbuse: This header was added to track abuse, please include it with any abuse report X-AntiAbuse: Primary Hostname - host.mywwwserver.com X-AntiAbuse: Original Domain - ci.aspen.co.us X-AntiAbuse: Originator/Caller UID/GID - [0 0] / [0 01 X-AntiAbuse: Sender Address Domain - aspensan.com X-MailScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean James, The Aspen consolidated Sanitation District is comfortable with the fisherman's easement overlapping the sanitation district's easement on the 731 Bay St. property as you have described. Printed for James Lindt <jamesl@ci.aspen.co.us> 06/27/2003 4Â¥A,701 1, ,Â¥6â„¢ Re4ona* PeamtÂ» SeÂ¢#24 8* 3613 WaÂ»i. dot~ta,G S1612 740*47<u (970)920- 1125 44*<40,44@44Â»66.â€¢cet May 12, 2003 Mr. James Lindt, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: FULLERTON STREAM MARGIN REVIEW APPLICATION Dear James, This is an application for stream margin review approval to make some minor cosmetic modifications to the existing single family residence located on Lots 10, 11, and 12, Block 2 of the Oklahoma Flats Subdivision, City of Aspen, more commonly known as 731 Bay Street. The property consists of approximately 12,432 square feet of land, and is zoned R-30 (PUD), making it a nonconforming-size lot ofrecord. This application is being submitted by Richard B. Fullerton, the owner of the property (hereinafter, "the applicant"). Proof of the ownership of the property is provided by Exhibit #1, the special warranty deed. Authorization for Alan Richman Planning Services to represent the property owner for this application is provided by Exhibit #2. A pre-application conference was held with you on 3/20/03 and a follow-up discussion was held on 5/6/03 (see Exhibit #3, Pre-Application Conference Summary). Based on these discussions, you confirmed that although the proposed development is quite minor, it is not eligible for a stream margin exemption. Therefore, it was determined that this application would be subject to administrative review. Following below is a description of the proposed changes that would be made to the residence, followed by a response to the standards for stream margin review, demonstrating that this application qualifies for this type of approval. Description of Proposed Changes to Residence The existing residence on the property was built in the late 1980's. It was developed pursuant to the original stream margin approval granted to this property by the Planning and Zoning Commission on November 18, 1986. The applicant has reviewed the file for this application located in the City Clerk's office (see the file for the Gross Stream Margin Review). There were no documents that were required to be recorded to finalize this approval. However, a copy of the staff summary of the conditions applicable to this property is attached hereto as Exhibit #4. Mr. James Lindt May 12, 2003 Page Two The applicant proposes to make the following minor changes to the existing residence. These changes are depicted in the architectural drawings that accompany this application. 1. There are two large trellis-like features that are located on the deck that faces the Roaring Fork River. These open structures are to be removed from property. The applicant does not propose to replace these features with new structures. 2. The applicant proposes to modify the existing deck. As shown on the existing site plan, the deck extends out from the rear of the house for almost the entire width of the property. The deck is built at grade. It contains several steps that lead up to the house and a hot tub. The stream margin review site plan shows the changes that are proposed to be made to the deck. A new, wider set of stairs are planned into the house, and the hot tub would be moved from the eastern to the western side of the property. An addition will be made to the deck (approximately 128 sq. ft.) along the side of the house and a new hot tub will be installed into the deck. The deck and hot tub will both be built less than thirty inches (30") above grade, as required by the City Code for projections into required yards. The proposed development will not extend the deck any further toward the Roaring Fork River than is the existing deck. 3. The applicant proposes minor changes to the house facade. Although these changes are not pertinent to the stream margin review application, since they are shown on the elevations that are included in this application, they are also being described herein. No changes are planned which would alter the overall mass of the structure or which would increase its floor area. A comparison of the existing and proposed south elevations shows that a tall window will be removed and replaced with a new window, and several other windows will also be replaced. On the street-facing facade (north elevation), the applicant will also replace a tall window and will make other minor cosmetic exterior modifications that will improve the residential appearance of the house. Several minor window changes are also shown on the east and west elevations. Response to Criteria for Stream Margin Review Because the applicant proposes development that is located within 100' of the high water line and is within the 100 year floodplain of the Roaring Fork River, this development is subject to stream margin review. The standards for stream margin review are found in Section 26.435.040 C. of the Aspen Land Use Code. The applicant's responses to these standards are as follows: Mr. James Lindt May 12, 2003 Page Three 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard 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, including, but not limited to, proposing mitigation techniques on or offsite which compensate for any base flood elevation increase caused by the development. Response: The only aspect of the proposed development activity that could potentially have any effect on the base flood is the proposed addition of the deck along the west side of the house. The applicant has not conducted a new fioodplain study for this application. Instead, the applicant has reviewed the floodplain study submitted with the 1986 stream margin application. A copy of this study is attached hereto as Exhibit #5. This study demonstrated that although the entire property is located within the 100 year floodplain, the proposed house and deck would not increase the base flood elevation. The applicant believes that if it was determined that the original construction would not increase the base flood elevation, then this small deck addition, which is being built further away from the River than the original deck, will also not increase the base flood elevation. 2. The recommendations of the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan and the Roaring Fork 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 "Fishennan's Easement". Response: The Roaring Fork Greenway Plan recommends that trees not be cut along the Roaring Fork River, that the River not be filled in, and its banks not be graded. None of these activities will be necessary to accomplish the proposed development. There are no trail recommendations from the AACP that need to be accommodated through this property. If the City so requires, the applicant will grant a fisherman's easement for public fishing access within the high water boundaries of the River course. 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside Of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be banicaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance Of Cenificates Of Occupancy. Mr. James Lindt May 12, 2003 Page Four Response: The proposed development will not involve the removal of stream bank vegetation, nor will stream bank slope grade changes be made. The applicant has designated a building envelope on the proposed site plan. On the River side of the property, the boundary of the building envelope coincides with the edge of the existing deck. The applicant will install a barricade around the proposed building envelope to prevent disturbance of the rest of the site and will leave that barricade in place until a certificate of occupancy is issued for the development. 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, uicluding erosion and sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside Of the designated building envelope. Response: This minor development activity will not interfere with or change the River course, nor will it cause pollution of the Roaring Fork River. There will be no changes to the existing grade of the property, nor new paved areas developed. Drainage from the addition to the deck will remain on the site and will not be routed toward the River. The hot tub will be drained within the building envelope. 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. Response: No such alteration or relocation is proposed, so no written notice is required. 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. Response: Since no alteration or relocation is proposed, no guarantee is required. 7. Copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain. Response: If any such permits are required, copies will be provided to the City at the time of building permit review. Mr. James Lindt May 12, 2003 Page Five 8. There is no development other than approved vegetation planting taking place below tile top of slope or within 15 feet of the top of slope or the high waterline, whichever is most restrictive. This is an ejfort to protect existing riparian vegetation and bank stability. 9. AN development outside the 15 foot setback from the top of slope does not exceed a height delineated by a line drawn at a 45 degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director, utilizing the definition of height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020. Response: The existing house was built before these standards were adopted by the City. Therefore, the existing development is not consistent with these standards. However, the applicant would point out that the addition to the deck is proposed to be built further back from the River than where the existing deck is located. Furthermore, the applicant proposes to remove the two trellis-like features at the rear of the house, which willlessen the amount of structure that protrudes into the setback area. Therefore, no additional development is proposed that would be inconsistent with these standards. 10. A landscape plan is submitted with all development applications. Such plan shall limit new plantings (including trees, shrubs, flowers and grasses) outside of the designated building envelope on the river side to native riparian vegetation. Response: This property is already well landscaped, since it has been developed for many years. Furthermore, the development proposed by the applicant is not expected to alter any of the existing landscaping on the property (other than the small area of grass that would be covered by the addition to the deck). If any existing landscaping on the property is damaged during construction, the applicant will replace it with similar native vegetation. Given these facts, the applicant has not produced a separate "landscape plan". Instead, the site plan contains a note that states: 'INo trees shall be disturbed. No grades shall be changed. Any vegetated areas outside of the perimeter of the building footprint that are disturbed shall be replaced with native grasses, shrubs, or trees." These statements represent the applicant's landscaping commitments/landscape plan. 11. AU exterior lighting is low and downcast, with no lights directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. Response: The applicant agrees to comply with these standards. Existing lighting along the edge of the deck is subdued lighting that is 12" in height or less. Any new lighting that may be installed shall be of a similar height, and shall be downcast. Mr. James Lindt May 12, 2003 Page Six The applicant will also ensure that light from the inside of the home is not directed toward the River, and that no lighting anywhere on the property is used to spotlight the River. Existing windows in the house all have appropriate coverings, and shades will be installed in any new windows, to ensure night lighting does not become a nuisance or detract from the natural River environment. 12. Site sections drawn by a registered landscape architect or engineer are submitted showing all existing and proposed site elements, the top of slope and pertinent elevations above sea level. Response: Since this house was built before the top of slope requirements were established, and since the applicant is not proposing any increase to the mass of the house, the applicant has not submitted these site sections. If the staff determines that these sections are necessary, the applicant will submit such a drawing. 13. There has been accurate identification of wetlands and riparian zones. Response: This is a developed property and we are not aware of any wetland or riparian areas on the site. Vested Rights Pursuant to Section 26.308 of the Aspen Municipal Code, the applicant hereby requests that this development be granted vested rights status. Conclusion The applicant has responded to the applicable standards of the Aspen Land Use Code applicable to the project, pursuant to direction given by the Community Development Department during pre-application meetings. Sufficient evidence has been provided of the project's compliance with said standards and the applicant has made commitments in order to ensure that the proposed development will mitigate all of its impacts. If you require any additional information, or clarification of the statements made herein, please feel free to ask and we will respond in a timely manner. Very truly yours, ALAN RICHMAN PLANNING SERVICES ~4Â».2-02 Alan Richman, AICP EXHIBITS EXHIBIT #1 HRETT PAID SITY OF ASPEN CITY OF ASPEN DATE REP NO. WRETT PAID 9//01> ~ A- /310 1 DATE REP NO. 919)Â°3.01 H jyze.3> - WHEN RECORDED RETURN TO: Name: Millard Zimet 480980 Address: 604 West Main Street lilli lilli -Ill- 111111111111111111--1 Page: 1 of 4 04/04/2003 10: 04Â¢ Aspen. CO 81611 SILLIA DAVIS FIâ„¢KIN O-UN-C: CO R 21.00 D 470.00 1 I ... SPECIAL WARRANTY DEED THIS DEED, made this 4th day of April, 2003, between Gail M. Gross of the said County of Harris and State of Texas, grantor, and Richard B. Fullerton whose legal address is 731 Bay Street Aspen, CO 81611 of the said County ofPitkin and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has Un . granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey 25<0 and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with i>- improvements, if any, situate, lying and being in the said County o f Pitkin and State of Colorado t:~2_ described as follows: Lots 10, 11, and 12, Block 2, OKLAHOMA FLATS ADDITION TO THE CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO. also known by street and number as: 73 ! Bay St.. Aspen, CO 81611 TOGETHER with all and singular the hcreditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. The grantor, for himself, his heirs, and personal representatives or successors, do covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peacable File Number: 40785 Stewart Tille of Aspen, Inc. Special Warranty Deed (Individual) 480980 Page l of2 TRANSFER DECLARATION RECEIVED 04/04/2003 possession o f the grantee, his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor, except for those specific exceptions attached hereto on Exhibit 1. The singular number shall include the plural, the plural and the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. I I bs- .1 11 #A flcic< 4: - Â¥41)-,6.3.d/ Gail M. Gross 480980 illia irill lilliÂ®, m il 11 - 1 illi 04/04/2003 10: 04# Page: 2 of 4 SILVIA DAVIS PITKIN COUNT, CO R 21.00 D 470.00 STATE OF Texas COUNTY OF Harris The foregoing instrument was acknowledged be fore me this 3 / 04 day of /7 A Â£ C d , 200-5 , by Gail M. Gross My commission expires Â·2 /r /~0-5 . Witness my hand and official seal. Notary Public: MARILYN G. SIKE File Number: 40785 Stewart Title of Aspen, Inc. Special Warranty Deed (Individual) Page 2 of 2 1 480980 i lillu milil lilli li'll I.ill lil'i Ilill ill ilill lill ill 04/04/2003 10:04$ Pago: 3 of 4 SILVIA DAVIS PITK14 COUNTY CO R 21.00 D 470.00 EXHIBIT 1 EXCEPTIONS 1. Distribution utility easements (including cable TV). 2. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with paragraph 8b of contract Form No. CBS 1-9-99 [Matters Not Shown by the Public Records]. 3. Inclusion of the Property within any special taxing district. 4. The benefits and burdens of any declaration and party wall agreements, if any. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes for the year 2003 and subsequent years not yet due and payable. 7. Reservations by the United States Government as set forth substantially as follows: FIRST: That the premises hereby granted, WITH THE EXCEPTION OF THE SURFACE may be entered by the proprietor of any other vein, lode or ledge, the top or apex of which lies outside of the boundary of said granted premises, should the same in its dip be found to penetrate, intersect or extend into said premises for the purpose of extracting and removing the ore from such other vein, lode or ledge SECOND: That in the absence of necessary legislation by Congress, the Legislature of Colorado may provide rules for working the mining claim or premises hereby granted, involving easements, drainage and other necessary means to its complete development as reserved in Patent recorded December 14, 1900 in Book 39 at Page 136 as Reception No. 65277. 8. Terms, conditions, obligations, provisions and easements of Deed of Easement from Frank E. Johnson to Aspen Metropolitan Sanitation District as set forth in instrument recorded November 26, 1969 in Book 244 at Page 683 as Reception No. 138071. 9. Terms, conditions, obligations and provisions of Deed of Easement from G. E. Buchanan and Jean Frames Buchanan to Aspen Metropolitan Sanitation District as set forth in instrument recorded November 26,1969 in Book 244 at Page 686 as Reception No. 138074. 10. Terms, conditions, obligations and provisions of Stipulation as set forth in instrument recorded September 4, 1973 in Book 279 at Page 509 as Reception No. 162170. File Number: 40785 Stewart Title of Aspen, Inc. Warranty Deed - Exhibit 1 (Exceptions) Page 1 of 2 11. This policy does not insure title to land comprising the shores or bottoms of rivers and is subject to any build up or loss of property along Roaring Fork River, caused by the processes of accretion and reliction, or caused by man made changes in the flow of water or in the course of the river bank or river channel; also subject to the free and unobstructed flow of the water o f said river, and recreational or other use thereo f. 11 11 1 1 lill 11111111111 -~ 480980 Page: 4 of 4 04/04/2003 10:04; S.LFIA CAVIS FITKIN ' 6.KTY CJ R 21.00 D 470.00 File Number: 40785 Stewart Title of Aspen, Inc. Warranty Decd - Exhibit 1 (Exceptions) Page 2 of 2 HLI-,IN KI LMINH N VILOVZU11Â£3 r.01 EXHIBIT #2 Mr. James Lindt, Planner City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: FULLERTON STREAM MARGIN REVIEW Dear James, I hereby authorize Alan Richman Planning Services to act as my designated representative with respect to the land use application being submitted to your office for my pioperty, located at 731 Bay Street. Alan Richman is authorized to submit a stream margin review application for minor changes to the existing house on the property. He is also authorized to represent me in meetings with City of Aspen staff and the City's review bodies. Should you have any need to contact me during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the application. Sincerely, MWO{42_ Richard Fullerton 510 East Hyman Avenue, Suite 30 Aspen, Colorado 81611 970-925-9187 EXHIBIT #3 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 920.5095 DATE: 5/7/03 PROJECT: 731 Bay Street REPRESENTATIVE: Alan Richman OWNER: TYPE OF APPLICATION: Stream Margin Review DESCRIPTION: Applicant would like to do some cosmetic alterations to the existing residence that will not push any part of the structure closer to the stream. However, the Applicant has indicated that they would like to extend their deck area, which increases the amount ofground coverage on the property. Therefore, the proposal would not be eligible for a GMQS exemption. Land Use Code Section(s) 26.435.040(C)Stream Margin Review Review by: Staff for complete application, referral agencies for technical considerations, Community Development Director for review. Public Hearing: No, unless the Community Development Director does not feel that the proposed application meets the Stream Margin Review Criteria. Referral Agencies: Engineering Planning Fees: Planning Deposit $525 for 2.5 Hrs of Planner Time (additional hours billed at $210.00 per hour) Referral Agency Fees: Engineering Referral $185 Total Deposit: $710 To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Signed fee agreement. 4. Pre-application Conference Summary, 5. Land Use Application 6. Dimensional Requirements Form. 7. Written description of existing conditions and proposed alterations, 8. A site improvement survey and proposed site plan. 9. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11 Existing and Proposed Elevations 12. A copy of the recorded documents that affect the proposed development. 13. Proof of ownership. 14. Additional materials as required by specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above, 2 Copies of the complete application packet (items 1 -14) Process: Apply. Planner reviews case for completeness and sends to Development Review Committee (DRC) for technical considerations. Planner writes staff memo and recommendation and has Community Development Director Review for approval. If approved, Community Development Department issues a development order. A Building Permit then must be obtained prior to construction. The application may be taken to the Planning and Zoning Commission if the Community Development Director does not feel that application meets the standards for a Stream Margin Exemption. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate, The summary does not create legal or vested rights. CAS E D IS POS IT ION : U.'1,10>0 D UJ '.44 /'1 1 2...0 tÂ·,iÂ·r f ( iÂ·Ab, EXHIBIT #4 : --, .Reviewed by: (t~fl- n P~) City Coun 0,4 fl â€ž,- L 9' tj~t lk, 0-' 4-2 l'4'.Â·F,MAÂ·4'b'tÂ»i ArpAT+J ,Ek t; 431'(Ilan t.c f,0/TA A .,- . It A + go p Prb: 4,J~-* 4, 4 &4'rifi,~9 9 811142 i. 1) The first floor elevation shall be raised five feet above the average grade of the building site as shown in the Elevation Certificate. The foundation shall be constructed with openings to allow for the unimpeded movement of flood waters, as described in the Elevation Certificate FEMA regulations, subject to approval of construction drawings by the Engineering Department and Planning Office prior to issuance of a Building Permit. 2) All existing trees shall be retained and there shall be no change in the existing grade of the site, as repre- sented in the application. 3)Â· The Army Corps of Engineers shall be consulted to determine whether a 404 or Nationwide permit is needed. A copy of that permit or letter stating no permit is required, shall be submitted to the Engineering Department and Building Department prior to issuance of a building permit. Reviewed n... Aspen PAZ City Council ./.2 . EXHIBIT #5 ~ SCHMUESER 0, 1512 ND AVENUE, SUITE 212 GLE! OD SPRINGS, COLORADO 81601 (303) 945-1004 October 29, 1986 LTING ENGINEERS & SURVEYORS~ e Â© [2 0 9 E 1.1?11 Mr. Nicholas MeGrath 600 East Hopkins, Suite 203 ~LAri =3 .,~-1J/. Aspen, Colorado 81611 Dear Nick: - As per the results of the meeting with the City Engineering Staff, we have re-ran the floodplain study for the Gross property. The information used in this run was obtained directly from the FEMA Flood Insurance Study for the City of Aspen. Specifically, the information (i.e., cross sections, manning roughness coefficients, starting conditions and flows) was obtained directly from the HEC-2 runs as prepared by the Denver Engineering Corporation (DEC) for the flood insurance study. This information is on file at the City of Aspen. The conclusion of the results from this run is that there is no rise in base flood elevation due to the construction of the proposed residence. From my understanding of the outcome of our meeting on October 23, Chuck Roth was more interested in knowing the amount of deplaced water due to development. The HEC-2 run, as previously stated, oonfirms that there will be no increase in base flood elevation; thus, there is no displaced water due to development. Also, Mr. Roth was interested in knowing the elevation of the floor of the proposed residence. Based upon the results of the study at the east side of the house, this elevation should be no less than 7872.21 which is two feet higher than the floodplain elevation at this loca- tion. I have submitted a sketch of the Oklahoma Flats area with the' floodplain boundary drawn on it. This sketch is traced from a 1:400 scale map by 03oper Aerial Surveys. I hope this information and the results fram this run clear up the matter as to the location of the floodplain. Your comments and questions are welcome. Sincerely, th SCHMUESER GORDON MEYER, INC. 10/199 2.r? 609\0 +Nvi 464601monson \\H\ 1 U JS:lc/6121 xc: Dave Gibson, Gibson & peno Architects ,~r ,~ i Enclosure ~~'9~ 0~41&9 0.....m 1...L...0 6811,0,46 lAi.Â£ 1 1422, 143, 144 ANS AU- AED Z#b:%,6Â£52-1-,0,45 - 6Â¢04-W>,46 641.1 , 142:.z,Hz.3, 1-4Â£.4 Aire Au INT-EADLArne LEC'66 6â‚¬Lr-066 Fe*l MAO'ikta. . Ap 61. 21 Mi-*M- . h.1, 4- \06% C , 4 ~*f r \Ai.A 143 FO>fr 15561 AWLE 4 69 MY At(CA 51â‚¬EfgH 3068 hz) A 6).ITÂ·62 44.N. 3 1*16 + foita / 66. 4 MAPS AND DRAWINGS 1 FLOOD PLAIN PERMIT CITY OF ASPEN, COLCORADO ENGINEERING DEPARTMENT FORM ENG-220 DATE PARCEL NUMBER PERMIT NUMBER OWNER TEL. NUMBER ADDRESS PROJECT LOCATION/DIRECTIONS PROJECT DESCRIPTION Single Family Residence New Construction Channelization Multi-Family Residence Substantial improvement Fill to exist. structure(>50%) Manufactured/Mobil Home Minor improvement to Bridge/Culvert exist. structure(<50%) Non-Residential Rehabilitation Levee 4 Other/Explanations i; - ' Project Design Engineer's Name & Colorado P.E. License # Project Surveyor's Name & Colorado PLS License # FLOOD HAZARD DATA Watercourse Name This project is proposed in the Flood Fringe Base (100-year) flood elevation at project site Elevation required for lowest floor / Flood proofing Snurce Ilncriment/Renort/MAng DONOT WIRTE BELOW THIS LINE, FOR CITY USE ONLY DESCRIPTION OF SUPPORT DATA AND DOCUMENTS Approved Permit Validation Date: Through CIn- ENGINEER ENG-220 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ~ i L L\ALL 0 9 LA \ /UE ./M& (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for . , b 19.2 A -- VAL,MU~ I 4 (2.e.v ~ CJ (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment o f all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment o f an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 5-31 which is for 2 5 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing ofthe application mentioned above, including post approval review at a rate of $203':008 *0 Â·00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT â‚¬ 2* ni it By: By: 7L,t.q 40&.% Julie Ann Woods Community Development Director Date: H/Â¥% )0 1 1(033 U Mailing Address: 510 â‚¬AST HYMAN, 1,Â·k 30 4-3 EN . O- o *1 L l I g:\support\forms\agrpayas.doc 1/10/01 , Invk, b It (-4,(1 Aspen Consolidated Sanitation District RECEn ub Paul Smith * Chairman MAY 2 0 2003 Frank Loushin Michael Kelly * Vice- Chair Roy Holloway John Keleher * Sec/Treas ASPEN Bruce Matherly, Mgr 01'11 n,~Â»-Â· r- own.:.,1\. i.=PARTMENT MEMO TO: James Lindt FROM: Tom Bracewell DATE: May 19, 2003 SUBJECT: 731 Bay Street Dear James, Thanks for noticing the deck encroachment! We should memorialize the encroachment into the easement by the existing deck on the east and south side of the residence at 731 Bay St. The condition of approval could be in the form of an encroachment or license that is executed by the owner and recorded to follow with the property that allows for maintenance and/or replacement of the sanitary sewer line as well as for ingress and egress to the sewer line and manhole as shown on the enclosed map that would hold the District harmless for damages to the deck. Thanks! Let me know if you need additional information or help with the indemnification. Sincerely. Tb well Cc --- :13 Superintendent 565 N. Mill St., Aspen, CO 81611 / (970)925-3601 / FAX (970)925-2537 - I - 4 --------_~RECEWED %-N -------- MAY 2 0 2003 ASPEN ~ BUILDING DEPARTMENT 3 4 9 3, 7 4 --- l,k :i. 93 F \q-- - :5/ --I ik / 1 4 I iL F-----3 -IAÂ« ' l / 72, ~ 2 %~f NBA V s i fu (3 4 44, 2 , 1 / L Y.b, 01 u -97 --- 7/14 -11'1~ 1 % - A. - 42. --11 .< Â·~1 d id k f t j Â·') fo B k 2 + 2% 3 /O 4 019 C . John Niewoehner, 05:03 PM 05/14/2003 , Ok. Flats Hot Tub Relocation Page 1 of 1 X-Sender: johnn@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 Date: Wed, 14 May 2003 17:03:49 -0600 To: jamesl@ci.aspen.co.us From: John Niewoehner <johnn@ci.aspen.co.us> Subject: Ok. Flats Hot Tub Relocation Ce: nicka@ci.aspen.co.us Janles I talked with Nick about the relocation of the hot tub in the floodplain. Here is what we suggest: 1. Insurance and Elevation Certificate. The Owner needs to demonstrate to the City that the existing structure has flood insurance. The Owner also needs to provide the City with a copy of the elevation certificate that compares the house elevation to the 100 year flood elevation. (This elevation certificate is an integral part of obtaining flood insurance.) 2. Floodplain Permit. As part of the building permit, the applicant must complete the City's Floodplain Permit. This permit needs to be signed by Colorado Professional Engineer. The engineer must provide a hydraulic analysis to demonstrate that the new hut tub and deck) will not cause a rise in the base flood elevation. Although I can't speak for Nick, I'in thinking that we might be able to forego an expensive hydraulic analysis if the Applicant also removes part of the existing deck such that there will be a net decrease in the development in the floodplain. However, if this is done, we will still want an engineer to sign the Floodplain Permit. Lastly, at the time of the building permit we will be looking to make sure that the tub and new deck is adequately attached and won't float off. John John Niewoehner Community Development Engineer City of Aspen 130 S. Galena St. Aspen CO 81611 920-5104 www.aspenpitkin.com Printed for James Lindt <jamesl@ci.aspen.co.us> 05/15/2003 1. FULLERTON STREAM MARGIN REVIEW , al LOTS 10,11 and 12, Block 2 OKLAHOMA FLATS LLJ %* OUILDIN16 BVVELOPE IN â„¢IS AREA FOR DECKS Â»IGH DO NOT EXCEED 30Â· ABOVE FINISH BRADE % in /*I r. Chi N U gi. S 15â€¢30'00'W 169 +/-' TO MHW (162.11) -----i 12' SEMER EASEMENT BOOK 244 - 1< 1103 9- Â· 55 , PAGES 633 AND 666 - -1 ti 1__L_1 --. --Â» 0 <E 1,1 0 + eXIST!,16 TRELUS 11. 0 1 1 -â€¢_i- - -iLI FORM TO DE REMOVED LLE * -- 4-7 1 U ...... U-tg .' 11-9:Z=Z .1,-1...,1#.- 2-29:*149:A pt D.:Â·5 - . -,j. "im-'1~ --5.1.1.05.-'5.1 --72-0-1 : 4 - _ -*2:.--"-3|--|~|~6-%-3:?i.'â‚¬43.1.3Ii,~t .:-23,-9,7fl2,-CLÂ¥(itlt.,4 ,~44 0., -F~ 7,- 1 1 , 1 29 Z8m -C ..\ i - .A'REj&#FL#ttit=ZE ,Â·-:- -4 --rrYÂ· -11Â·f 'aui..--i.pi~- ZÂ¥ i g -- $ 4199.. - -321*6- -] 11' fi-n'311 9-5,K #.0-Â· =if~ hi-,Â· (4 . W 0 - ..6.1 . - I -1 f u ExISTINS Vebo -- |FE /439 U 2 0. * m -04&021.. ~| |~r- r 1r ~d~~ 67-1 1 1 ~:A 1 9--.-~ -"-X ~~-,Â·-= o. ~ -~:Â·Â·-:- Â·Â· - Â·Â·~Â· Â·-:--4. - - ~'~ ~ | ~~-*r 41 5: c )4 6/ $*3 -- , :t / j 1 1 . 4.- 9 - ~ DUCK TOREMAIN- F m ke .. , g Z N, . 1 < I ) . . i s -1 2 4 Lu~ tv ~ L L 4!â€¢2:1'*&44 .Y 220.*C-Â·'- : Â·- 9.--UÂ·~25.-1 .Â·v--:-Â·-8-: 4 9 5 /\ 1 1 19 4 ~-4--A-j 1 28% N mtâ‚¬e ~45.-9*4 2# r* ENTRY PORCH NER ENTRY - Â· -.' 104[~~Â·- ' ,; ..1~t r i ..~:~...~1... ..~ -drl- ..: .1 1 - -1tr,Â· Â·= ; ,; Â·-2 4...., Â·. S..11 fi.1 STEPS -9-42..0- -6.)1'IM?.3-f~11{ tr~~~i.~~Y~-~fifiltffjrt>Â· f 2#i.6-'Â·~, BUILDINe ' ENVm.OPE -1 ,~2*4'~4#/2.1:J.1Â»1Â·oj?tie-:.~ 4-%;-2 31-'~~ 2341'51.~-ri'Â·Â¥'43Â£37%--- \ 1 / >--*- eXISTINS>r~*IS i 4 -c *:-'-'/ 7 -- 4:.'/ ., ' . . '* â€ž .7-* '. : . . r, .: - '1 | REMOVED..'ET- I L- _____ _ __ =ca ___ _ _._ -2 ___ .._ L___-_L ll U. -4,- - -d: 1 . 0 1 -- i I.VA 5 SUILDINB ENVELOPE IN THIS AREA (~-EXISTING ROOD . FOR DECKS Wâ€¢IHICH PO NOT EXCEED DECK TO REMAIN â€¢ 30- ABOVE FINISH *RADE BASIS OF BEARINGS O N 15â€¢30'00'E 15/ 4/-' TO MHW (154.219 i~4~ A~~ oF ~ U NEM DECK LU Z , EXTENSION P \ THIS FULLERTON STREAM MARGIN REVIEW WAS APPROVED THIS FULLERTON STREAM MARGIN REVIEW HAS BEEN ~~' 1 By THE COWMUN117 DEVELOPWENT ENGINEER OF THE ACCEPTED FOR FILING IN THE OFFICE OF THE /Th NEW SITE PLAN 1 CfTY OF ASPEN THIS DAY OF .2003. CLERK AND RECORDER OF PWKIN COUNTY. COLORADO THIS DR OF .2003 NO.â„¢ t/1 1/,11 - 10-0" TE-.i.-7 11~Â£ d:F W PLAT BOOK-AT PAGE -AS RECEPT/ON NO. , COMMUNITY DE,/ELOPMENT ENGINEER PKKIN COUNTY CLERK AND RECORDER DRAWING: NUTE: NEW SITE PLAN NO TREES SHALL BE DISTURBED. NO GRADES SHALL BE CHANGED. ANf VEGETATED AREAS OUTSIDE OF THE PERIMETER OF THE ISSUE: 1 DATEÂ· THIS FUUERTON STREAM MARGIN REVIEW WAS APPRO/ED BUILDING FOOTPRINT THAT ARE DISTURBED SHALL BE REPUCED EXI ~ SY THE C/77 COMMUN/77 DEL/ELOPUENT DIRECTOR OF THE WITH NATNE GRASSES.SHRUBS OR TREES. ; 5-8-03 CITY OF ASPEN THIS Dâ€ž OF 2001 i THS FULLERTON STREAM WARGM REMEW 3 KEREN SUBMFTED FOR FIUNG IN THE OFFICE OF THE \ CLERK AND RECORDER OF PEEKN COUNTY COLORADO BY THE RECORD OWNER OF THE PROPERTY. RICHARD FULLERTON. JOB NO. 0320 COMMUNfrY DEVELOPMENT DIRECTOR REMARD FULLERTON SHEET NO. S1 : COMO[}1! C}!ARLE5 CUNN."/'...Cl Â£9 6 .00Â£6 :171 . BELE-9140Â£6 :3111 . 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FULLERTON STREAM MARGIN REVIEW C al LOTS 10,11 and 12, Block 2 OKLAHOMA FLATS i BUILDING ENVELOPE IN THIS AREA FOR DECKS MHICH DO NOT EXCEED 30"ABOVE FINISH eRADE 1 \ \ / -1-- (4 02& 13:2 1 - - USENEE T T Â¤' M S 15â€¢30'00"W 169 +/-' TO MHW (162.11) C 11%: 1 ~-'i. -,~: * I W 0 ammE B i --- U I2' SEINER EABEMENT BOOK 244< -_ PAGED 683 AND 656 ---- 10 re T % 1 _k. --- -1--_-1 - 1 f- 8 4 Â·Â·--, FORM TO BE REMOVED ---4~ ~ ~ ~ .il \ 9 3 -' 1 2 'I...,1.1.1:1... 1-r-:.:..1:;1.-1... -1~311)..l; ... 3....11 EXISTINe TRELLIE | ' EXISTING TRELLIS ~ r= 3 1 \\ 01 // C 1-7-1 1 i F*M TO BE \ 1 .f~ 7?*1,Â· - --- e REMOVED .Â· r i , 1 - 1 1 /1 O -1 h. .. 1 -4 1 Evigs,% 1./ 1 12 { -Â·5Â·.:~- :.'i~. i.~- .52 :f.,Â·,,<3:40* 24*41,4~ Lidj ak#ALI~j #*%42%#666$,9,Jka,NLiA' 411194:Â»>4*44#di...fk--i:)-{(f.,l-:f-1,1~--{,-ifi ----- -l247=---1 3 -~-~ -~ i j f 1:-1. f. --i 0:~r 1 11.11 1 - ; IÂ·-Â· ~FL-- EXISTINe M[OOD :I I ' : DECK TO Â·,REMAIN ~ ~ E . .-I .'- 13 1 / 1 4 ' Â£ '# L. .... .... 1 1 1 1 0 . 'Â·~ : ~' I '.F--ipp-9 1, ~ t 1 ~.1 1~,Â·l. 1.~~i-~:, A-nÂ·~ss, 6 CE 1 | r--3- -Ir-4-44 .:-#3 4Jfj,- .~2~:~~~-1 1 > .. QI ' 111 1 - 1 - | J ui ul h - GRME, /A , 0 e'4 0 '-0 A-. 1.'v 1 03 , r L-NER COVERED 916-Al , ENTRY PORCH / 11 NEPN ENTRY houtÂ»Â«.... L 1 ~~~--w/ f STEPS 1 1 1 BUILDIble M ~Â·'F---7.1- | ENVELOPE 1 11 -71 /. 1 EXISTINe TRiLCIS- : 1 FORM TO Bet .1 1 ~ REMOVED :, P.. 0 : / 42424;4 4.9#~ . -- 1 1 ------11------- 1 1 'Tille'lls:Cri,;7 1 1 Ma BUILDINe ENVELOPE IN THIS AREA G--EXISTING PNOOD 2 99 FOR DECKS WHICH DO NOT EXCEED 7-1 1 DECK TO REMAIN ~ 1- 0 30" ABOVE FINISH eRADE (,) IJ BASIS OF BEARINGS 1 1 > O < N 15â€¢30'00"E 157 +/-' TO MHW (154.21') O CO NER DECK r- 0 , EXTENSION , CO / A LLI ~ AREA D -1 \ THIS FULLERTON STREAM MARGIN REVIEW WAS APPROVED THIS FULLERTON STREAM MARGIN REVIEW HAS BEEN 07 ~ BY THE COUUUNITy DEVELOPMENT ENGINEER OF THE ACCEPTED FOR FILING IN THE OFFICE OF THE /Th NEW SITE PLAN CITY OF ASPEN THIS DAY OF ,2003. CLERK AND RECORDER OF PITKIN COUNTY, COLORADO NORTH [.,Ii-~ 1 - - THIS DAY OF ,2003 9811 - 11-011 ~~~~~~~~ IN PLAT BOOK AT PAGE AS RECEPTION NO. OF DEck 0 2 3 16 Pri-KIN COUNTY CLERK AND RECORDER DRAWING: ~ COMMUNITY DEVELOPMENT ENGINEER E)(rENSI NOTE: NEW SITE PIAN NO TREES SHALL BE DISTURBED. NO GRADES SHALL BE CHANGED. ANY VEGETATED AREAS OUTSIDE OF THE PERIMETER OF THE ISSUE: DATE: THIS FULLERTON STREAM MARGIN REVIEW WAS APPROVED BUILDING FOOTPRINT THAT ARE DISTURBED SHALL BE REPLACED 5-8-03 BY THE CITY COMMUNITY DEVELOPMENT DIRECTOR OF THE WITH NATIVE GRASSES,SHRUBS OR TREES. CITY OF ASPEN THIS DAY OF ,2003. - THIS FULLERTON STREAM MARGIN REVIEW IS HEREBY SUBMITTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO BY THE RECORD OWNER OF THE PROPERTY, RICHARD FULLERTON. JOB NO. 0320 COMMUNITY DEVELOPMENT DIRECTOR RICHARD FULLERTON SHEET NO. S1 Â©COPYRIGHT CHARLES CUNNIFFE ARCHITECTS 9959-92 Â£6 :3131 * 1Â£910 OD 'SCRI Logo- :XV:I * 0690-SLT#t)Z6 :3-131 * Zi?K09 CD 'SONIMIS 1VOEIVNV31S * ZOE 315"CIN 3AOND 3Nld 10 1 3 'NEIdSV 333 INNAD 531NVHD 3DNBaISBM 6/DZ6 :3131 * Le If? O dSY * '3AV NVINAH 1SV3 4/0Z6 :3131 * SE#W IZIn1131 * '3AV OaV}I0103 BLOCK 3 * EZ919 00 '31Â¥0 0 1 0 * EEZ ELLIFIS * 'is HEAIU >1210.9 ON-IEVOU 1. lu 11 .121 0 10 (44 mmamm T T JJ UPPER LEVE O-- ------O -- U -11- - - -- ------MUT<5471*-6--~--_*. 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COLORADO AVE. * TELLURIDE, CO 81435 * TELE: 970/728-3738 * FAX: 970/728-9567 ~: 731 BAY STREET 0105 EDWARDS VILLAGE BLVD., STE A205 * EDWARDS, CO 81632 * TELE: 970926-6590 * FAX: 974926-6585 ASPEN, COLORADO 1901 PINE GROVE RD., STE 202 * STEAMBOAT SPRINGS, CO 80487 * TELE: 970/875-0590 * FAX: 970/875-0501 N0I1VA313 HlbION 9NllSIXEl SD31IHDNV 3:I:IIN,In) SlyÂ¥10 J.HI)11;WO)Â® + 0ZE0 ON 8Of SNOI1VA313 N .. . 1. . U lEi 1 : IO F011 D . 11 d. 1 1 .4 -0 4 13 m h 5 m 11- 3 1 /4 O- =Z LI~ -I G) 1 A O 0 m m I > 1 [Ill I m -1 alim 11!|I p~ r g ro rb 1-1> 'k 0 z -1 .m,X) 6-Iz 0 46 er Ull> 1-10 0.14 4 ~ 0~m FF 9 --1< 4% Â®m U - r int k ir 73==3 1 11'lll'll 1Â»-Lt=Â»1-1 lilli lilli & X " 00 O C III jul j 04 + 1 1 1 1 1 0 1 FULLERTON RESIDENCE CHARLES CUNNIFFE ARCHITECTS 131 %% lili Im www.cunniffe.com m 610 EAST HYMAN AVE. * ASPEN, CO 81611 * TELE: 970/925-5590 * FAX: 970/920-4557 X 502 MAIN ST. * SUITE 232 * CARBONDALE, CO 81623 * TELE: 970/963-6394 * FAX: 97Â®63-6399 CO 220 E. COLORADO AVE. * TELLURIDE, CO 81435 * TELE: 970/728-3738 * FAX: 970/728-9567 1 1% 731 BAY STREET 0105 EDWARDS VILLAGE BLVD., STE A205 * EDWARDS, CO 81632 * TELE: 970926-6590 * FAX: 970/926-6585 ASPEN, COLORADO 1901 PINE GROVE RD., STE 202 * STEAMBOAT SPRINGS, CO 80487 * TELE: 97Â®75-0590 * FAX: 970/875-0501 291 X 411 E 110'-101/4" SD311H)3V 313!NNn) 531HVH) IHOINAÂ£100Â® Pil -DIEO ON 8<)C