HomeMy WebLinkAboutresolution.apz.035-98 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A STREAM MARGIN REVIEW FOR THE REDEVELOPMENT
OF THE ELDEN DUPLEX, 727 BAY STREET, LOTS 7, 8, & 9, BLOCK 2,
OKLAHOMA FLATS ADDITION, CITY OF ASPEN.
Parcel' No. 2737-073-I 1-002
Resolution #98 - 35
WHEREAS, the Community Development Department received an application
from Richard Elden, owner and applicant, for Stream Margin Review for redeveloping an
existing duplex located adjacent to the Roaring Fork River at 727 Bay Street, Lots 7, 8, &
9, Block 2, Oklahoma Flats Addition; and,
WHEREAS, the parcel is approximately 13,410 square feet and located in the
Low Density Residential (R-30) Zone District; and,
WHEREAS, pursuant to Section 26.68.040, Stream Margin Review, of the
Aspen Municipal Code, development adjacent to the Roaring Fork River may be
approved by the Planning and Zoning Commission; and,
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, City
Engineering, Parks Department, and the Community Development Department reviewed
the proposal and recommended approval with conditions; and,
WHEREAS, attached to this Resolution is a site plan representing the top-of-
slope and building envelope designations for this property as approved by the Planning
and Zoning Commission; and,
WHEREAS, during a public hearing at a regular meeting on November 17, 1998,
the Planning and Zoning Commission approved by a ~_ to 1~) vote the Stream Margin
Review for the Elden Duplex, 727 Bay Street, with the conditions recommended by the
Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Stream Margin Review for the Elden Duplex is approved with the following
conditions:
1. The Commission hereby approves the top-of-slope designation as represented on the site
plan; The building envelope shall be the area within a line 15 horizontal feet further from
the river than the toprof-slope and the required setbacks of the zone district on the remaining
sides of the lot.
2, There shall be recorded with this Resolution a site plan of the property delineating the
proposed site improvemen[s,,,the top-of-slope, the building envelope, and a note stating "no
development other than approved native vegetation outside of the building envelope."
3. There shall be no develophae~t other than approved vegetation below, or within 15 feet of,
the top-of-slope. The existing development in this 'no development zone' may be
maintained and remodeled but cannot be expanded. Any hot mb shall be drained through the
sanitary sewer and not to the river. Outdoor lighting shall be downcast and not directed ·
towards the river.
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4. The development shall be located within the dimensional requirements of the R-30 Zone
District and within the building envelope designated with this review. The proposed
structure shall comply with all zoning and building requirements for a duplex and all
Federal, State, and Local requirements for building within the Floodplain.
5. The building permit plans shall show the width of the driveway no wider than 18 feet and
shall designate one parking space for the ADU.
6. The building permit application shall include a current signed and stamped site improvement
survey and an Elevation Certificate prepared by a registered Engineer.
7. Prior to applying for a building permit, the applicant shall record a "fisherman's easemant"
to allow fishing access along the edge of the Roarin[ Fork River. ,
8. The building permit application shall include a drainage report and a drainage plan,
including a erosion control plan, prepared by a Colorado licensed Civil Engineer, which
maintains sediment and debris on-site during and after construction. For the ground recharge
system, a soil percolation report and consideration of the ground water levels are required to
correctly size the facility. A 2 year storm frequency should be used in designing the
drainage improvements.
9. Prior to issuance of a building permit, the applicant shall erect silt fencing approximately
along the top-of-slope mad around existing tree driplines. This fencing shall remain in place
until issuance of a Certificate of Occupancy.
10. The applicant shall agree to jom any future improvement districts for the purpose of
constructing improvements which benefit the property under an assessment formula.
11. All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in any public right-of-way. Easements must be provided for
pedestals. All utility locations and easements must be delineated on the site improvement.
survey. Revisions to utility locations and easements must be delineated on a revised site
improvement survey prior to issuance of a certificate of occupancy. Meter locations must be
accessible for reading and may not be obstructed.
12. A tree removal permit from the City Parks Department is required for the removal or relocation
of trees.
13. The applicant must receive approval for any work within public rights-of-way from the
appropriate City Department. This includes, but is not limited to, approval for a mailbox and
landscaping from the City Streets Department.
14. The applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 10 p.m.
15. The applicant shall maintain construction materials and debris on-site mad not within public
rights-of-way.
16. Before applying for a building permit, the applicant shall record this Planning and Zoning
Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza
Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee
to the City Clerk who will record the resolution.
17. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
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