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Home My WebLink AboutLand Use Case.54 Shady Ln.0033-2004.ASLUet=. 4 1 1 U -H di 4 J gi 1 cn O 1-3 V PO 1 1 1 N 0 i o 0 N n no co (D rn 0 #I 0Â¤ Le â€ž4 UJ â€¢ 1- N > 01, 0 1 ./. I ------ CO C- 1 _.tz_uzfry-Iâ€¢-4-- r. k I -' -*1 ..1 1.Jul./Ell.Wh....di jo o,t~Â«4 11<0 4 EAM MARGIN 54 r. I City o f Aspen Community Development Dept. CASE NUMBER 0033.2004.ASLU PARCELID# 2737-072-00-026 CASE NAME Stream Margin Review PROJECT ADDRESS 54 Shady Lane PLANNER James Lindt CASE DESCRIPTION Add Kitchen and Bath REPRESENTATIVE Marc Friedberg DATE OF FINAL ACTION 07/31/2004 CITY COUNCIL ACTION PZ ACTION Reso 26-2004 ADMIN ACTION Development Order BOA ACTION DATE CLOSED 07/27/04 BY D DRISCOLL C, l'elf:1;11 - 7 X Pile Edit Record Navigate Form Reports Tab Help 0 0 -7 9 A 0 = I O 14 4 k k (4; C 11 C *~*~~~*~~'~~~~*0'~ j y Sub Emmitt ' Maluation I Putic Comment .0 Main { Routing Status i Arch/Eng ~ Parcels ~ Custom Fields ' Feel j Fee Summary ~ Actions } Routing History I conaions 11 "V 3 Pelmit Type Pe,mit #0633.2004.ASLU Address 54 SHADY LN Apt/Suite City ASPEN State:CO j Ze Imsii j] i Peimit Information . Master Permit { 1 Routing Queue laslu Applied ]05/26/2004 iII ~ 4 le Proiect i 2~ Status }pen~ing Appioved ~ De:c.,iption ODDITION OF KITCHEN AND BATHROOM ESAÂ·8040 STREAM MARGIN REVIEW. Issued [--~ 1.8/ SINGLE FAMILY RESIDENCE Submitted 'MARC FRIEDBERG 9254803/9488017 Clock IRunring Days j 6 Expires '65/27/2005 1,1 C' Visible on the web? Pe,mit ID: 30867 Owner > Laci Name (FRIEDBERG ,id Fist Name iMARC 1PO BOX 8747 ASPEN CO 81612 ' Phone i 4 Owner I:Applicant? Applicant -- ' Last Name IFRIEDBERG .~ FIRst Name {MARC }PD BOX 8747 -. 1 ~ASPEN CO 81612 Phone. Cust # > 25289 Lender - - Enter the city of the permit address ~ Recad. 110 11 Aff fow 06 Per Ffl /4-4390. 26- 200 Le tyÂ«Â·. DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Marc Friedberg, 54 Shady Lane, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number 54 Shady Lane, Metes and Bounds Parcel Legal Description and Street Address of Subject Property Stream Margin Review Approval to construct a 470 SF addition to the existing single-family residence. Written Description of the Site Specific Plati and/or Attachment Describing Plan Planning and Zoning Commission Resolution No. 26, Series of 2004,7/20/04 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) July 31,2004 Effective Date of Development Order (Same as date of publication of notice of approval.) August 1,2007 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 31St day of July, 2004, by the City of Aspen Community Defelopment Director. 44,-0-4,L j -Gh--- Julib Ann Woods, Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes. pertaining to the following described property: 54 Shady Lane, by Resolution of the Aspen Planning and Zoning Commission numbered 26, Series of 2004. Approval of Stream Margin Review was granted to allow for an addition of 470 square feet to the existing single-family residence. For further information contact Julie Ann Woods, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/City of Aspen Publish in The Aspen Times on July 31, 2004 Resolution No. 26 (SERIES OF 2004) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A STREAM MARGIN REVIEW TO CONSTRUCT A 470 SQUARE FOOT ADDITION TO THE SINGLE-FAMILY RESIDENCE LOCATED AT 54 SHADY LANE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-072-00-026 WHEREAS, the Community Development Department received an application from Marc Friedberg, requesting Stream Margin Review approval for the construction of a 470 square foot addition to the existing single-family residence located at 54 Shady Lane; and. WHEREAS, the Applicant's property is a 35,600 sq. ft. lot located in the R-30 Zone District and in an Environmentally Sensitive Area as defined by the Land Use Code; and, WHEREAS, the Community Development Department Staff reviewed the Application for compliance with the Stream Margin Review Standards; and, WIIEREAS, upon review of the application, site visits, and the applicable Land Use Code standards, the Community Development Director recommended approval of the Steam Margin Review finding that the review standards have been met; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein. has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission approves with conditions, the Stream Margin Review request to construct a 470 square foot addition to the single-family residence at 54 Shady Lane, by a vote of five to zero (5 - 0), and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a stream margin review request to construct a 470 square foot addition to the single-family residence located at 54 Shady Lane. with the following conditions: 1. The Applicant shall place vegetation protection fencing and silt fencing directly adjacent to and on the north side of the pedestrian path (adjacent to sculpture) that runs from the corner of the carport steps to the north side of the existing deck. The Applicant shall provide a detailed tree protection fencing plan at the time of building permit submittal and have the City of Aspen Parks Department inspect and approve of the erected silt and tree protection feneing prior to commencing construction. 2. The Applicant shall store construction materials adjacent to the carport along Red Mountain Road to ensure protection of native vegetation on the site. The location of the material storage shall be shown on the construction management plan that shall be submitted by the Contractor at the time of building permit submittal. 3. There shall be no excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on the site. 4. All outdoor lighting shall be downcast and meet the requirements of the City of Aspen Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. 5. The primary contractor shall submit a letter with the building permit application stating that they have read and understand the conditions of approval contained herein. 6. The Applicant shall provide a drainage plan prepared by a licensed engineer prior to building permit issuance that demonstrates that the property's historic runoff will not be increased as a result of the addition approved herein. Section 2 This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3 If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate. distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4 All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission. are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. APPROVED by the Commission at its regular meeting on July 20,2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Ruth Krueger, Acting Chair ATTEST: Jackie Lothian, Deputy City Clerk Resolution No.Â£~.~2 (SERIES OF 2004) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A STREAM MARGIN REVIEW TO CONSTRUCT A 470 SQUARE FOOT ADDITION TO THE SINGLE-FAMILY RESIDENCE LOCATED AT 54 SHADY LANE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-072-00-026 WHEREAS, the Community Development Department received an application from Marc Friedberg, requesting Stream Margin Review approval for the construction of a 470 square foot addition to the existing single-family residence located at 54 Shady Lane; and, WHEREAS, the Applicant's property is a 35,600 sq. ft. lot located in the R-30 Zone District and in an Environmentally Sensitive Area as defined by the Land Use Code; and, WHEREAS, the Community Development Department Staff reviewed the Application for compliance with the Stream Margin Review Standards; and WHEREAS, upon review of the application, site visits, and the applicable Land Use Code standards, the Community Development Director recommended approval of the Steam Margin Review finding that the review standards have been met; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission approves with conditions, the Stream Margin Review request to construct a 470 square foot addition to the single-family residence at 54 Shady Lane, by a vote of to C - _), and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a stream margin review request to construct a 470 square foot addition to the single-family residence located at 54 Shady Lane, with the following conditions: 1. The Applicant shall place vegetation protection fencing and silt fencing directly adj acent to and on the north side o f the pedestrian path (adj acent to sculpture) that runs from the corner of the carport steps to the north side of the existing deck. The Applicant shall provide a detailed tree protection fencing plan at the time of building permit submittal and have the City of Aspen Parks Department inspect and approve of the erected silt and tree protection fencing prior to commencing construction. 2. The Applicant shall store construction materials adjacent to the carport along Red Mountain Road to ensure protection of native vegetation on the site. The location of the material storage shall be shown on the construction management plan that shall be submitted by the Contractor at the time of building permit submittal. 3. There shall be no excavation, storage of materials, storage o f construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on the site. 4. All outdoor lighting shall be downcast and meet the requirements of the City of Aspen Lighting Code pursuant to Land Use Code Section 26.575.150, ()utdoor Lighting. 5. The primary contractor shall submit a letter with the building permit application stating that they have read and understand the conditions of approval contained herein. 6. The Applicant shall provide a drainage plan prepared by a licensed engineer prior to building permit issuance that demonstrates that the property' s historic runoff will not be increased as a result of the addition approved herein. Section 2 This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3 If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 5 Section 4 All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. APPROVED by the Commission at its regular meeting on July 20,2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 6 9_1 MEMORANDUM imr TO: Aspen Planning and Zoning Commission CAA puk~ ~ c THRU: Joyce Allgaier. Community Development Deputy Director 60 19 2/{ FROM: James Lindt. Planner UL .- RE: 54 Shady Lane Stream Margin Review- Public Hearing DATE: July 20,2004 Applicant: Marc Friedberg Existing Residence Area of Proposed Zoning: R-30 (Low-Density Residential) Addition Lot Size: 35.600 Square Feet --1. I - tll 4 /1 ' ' Ill I 'fm 41 Land Use: Single-Family Residence I 1614- 1111 11\ t"Afilf t i-4 41 1 4 "-1 1 La. 't, 1 1 u k r 11~|| 2 -1- - ~ ;L' - 1 --, 1 q v~ Request Summary: The Applicant is r,1 -9 -4 requesting a Stream Margin Review - :Â·: 1. IÂ·&, a,~ i 1,1,7 ,-F' 49 'll*I Approval to add a new kitchen and a F bedroom to the existing single-family - I'll::ir :42# IC residence at 54 Shady Lane. ,~71 /1 + a.'r ~~ 1/INK'~~ 4 . Â£1 1 _ 1_ -L,lt ' -i vi+.--' .41,11%'di BACKGROUND: The Applicant is proposing an addition of a bedroom and a new kitchen to the existing single-family residence located at 54 Shady Lane. The proposed addition totals approximately 470 square feet and is proposed on the river side of the existing residence. Given that the proposed development is located within 100 feet of the mean high water line of Hunter Creek, the requested addition requires Stream Margin Review approval. Pursuant to Land Use Code Section 26.435. Environmentally Sensitive Areas, the Planning and Zoning Commission may approve, approve with conditions, or deny an application for development within 100 feet of the Roaring Fork River or it s tributaries. STAFF COMMENTS: Staff believes that the proposed addition will not have a significant negative impact on the native riparian area in which the Stream Margin Review was established to protect. Hunter Creek's top-of-slope was not surveyed by Sopris Engineering as part of the Stream Margin Top-o if-slope Map that they created in 2001. That being the case, the Applicant' s surveyor identified where he believed the river s top-of-slope to be after conducting a site visit with a member of the City Planning Staff and the Commitnity Development Engineer. Staff agrees with the placement of the top-of-slope as was identified by the Applicant's surveyor since 17 4.. 4-5/1//=fl~W'.9'' there appears to be a clear point where the bank levels off that is further inland than the 100 year floodplain as can be seen in the photo below. + 0 , .,W.. A. 42 -,46Â· ... ~ Exist. Deck %: i.:\ : ' i i ,â€¢r~~1, Top-of-Slope ..7 G:.Â·Â·2: V,AU .: .11 L - 1 - N Â»1 1L ,- W 4 11 Â·-2 :.,... . 30 Feet ~ Top-of-Slope = Pfr- '-1 46 4 - 0 It'.121 /f /1 ; 'tr, Â·~. 9+ Proposed Addition- 30 ft , , Ij 2 -1,Â·-I, CU.; ' 'Mw i b / ' Â·Â·I 4 Iii .:/ '.. I:.'*..' r back from Top-of- Slope *, + 11- 11 -1,6 -=,P- 111 81- #â€¢*1--â€¢. - .V'.3 : 0.-i......... / i AM'.'-It -1 41-=1 _ ,-:. Proposed Addition The proposed addition is sited approximately thirty (30) feet from the top-of-slope which more than exceeds the required fifteen (15) foot setback from the top-of-slope. Additionally, the proposed addition would not breach the progressive forty-five (45) degree height limit from the top-of-slope as is also required by Land Use Code Section 26.435.050(C), Stream Margin Review. TREE REMOVAL AND CONSTRUCTION TECHNIQUES: In order to construct the proposed addition, the Applicant must remove three (3) Cottonwood trees. The Parks Department has reviewed the Cottonwood trees to be removed and has determined that one of the trees is endangering the existing residence because it is close to falling over and the other two (2) trees could be mitigated for by either paying a cash-in-lieu fee or replacing the trees elsewhere on the site. Additionally, the Applicant must obtain a tree removal permit from City of Aspen Parks Department prior to removing the trees. With the exception of the tree removal, limited excavation is anticipated to be required given that the entire addition is proposed above grade with a crawl space below. Nonetheless, Staff has proposed a condition of approval that would require the Applicant to provide silt fencing and construction fencing on the north side of the foot path that runs from the carport to the north edge of the deck to ensure that sediment does not make it's way into the 100-year floodplain and the river. Installation of the fencing is reinforced by Condition of Approval No. 1. Additionally, the Applicant has proposed to get construction materials to the site of the addition by constructing a ramp down the hill from Red Mountain Road to the location of the addition. This ramp would allow for a small excavation machine and a bobcat machine to access the location of construction. Since there is considerable amount of native trees encompassing the area of construction. Staff has recommended that the Applicant be required 2 to store the construction materials on the flat portion of the property that is adjacent to the carport along Red Mountain Road, rather than at the site of the addition. Staff has reinforced material storage concern in Condition of Approval No. 2 in the attached resolution. STAFF RECOMMENDATION: In reviewing the proposal, Staff believes that the request meets the stream margin review standards that are set forth in Land Use Code Section 26.435.040(C), Stream Margin Review. Staff recommends the Planning and Zoning Commission approve this Stream Margin Review application with the conditions proposed in the attached resolution. RECOMMENDED MOTION: "I move to approve Resolution No. 112 Series of 2004, approving with conditions, a stream margin review to construct an addition o f approximately 470 square feet to the single-family residence located at 54 Shady Lane." ATTACHMENTS Exhibit A -- Review Criteria & Staff Findings Exhibit B -- Application Exhibit C -- Referral Comments UJ EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS A. STREAM iMARGIN 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 Planning and Zoning Commission 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 finds that the proposed addition will not increase the base flood elevation in that it is proposed in a location well outside the 100 year floodplain. Staff finds this standard to be met. 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 Staff finds that this proposal will not be in confiict with the AACP or the Roaring Fork Greenway Plan because the entire scope of work is to be confined outside of the native riparian area as defined by the fifteen (15) setback from the river's top-of-slope. There is no development proposed that would negatively effect the riparian area that the Stream Margin Review is intended to regulate. Staff finds this standard 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). Staff Finding To Staff' s knowledge, the subject property does not contain a previously established building envelope. Staff finds this review standard not to be applicable to the proposed application. 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 Hunter Creek and Staff has proposed conditions of approval that require the Applicant to place silt fencing above the river' s top- of-slope to prevent sediment from migrating to the river and the 100 year floodpIain. Additionally, the proposal will not affect the on-site drainage of the property because the construction is located well outside the 100 year floodplain and the Applicant must provide a drainage plan as part of the building permit submittal that indicates that off-site drainage will exceed historic rates as a result of the addition. 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 niet. 7. Copies are provided of all necessary federal and state permits relating to work within the one-hundred-year floodplain. Staff Finding There is no proposed development within the one-hundred year floodplain. Staff finds this standard to be met. 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 8 Community Development Department and filed at the City Engineering Department. Staff Finding The Applicant is not proposing any new landscaping. 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 ill Figure "A". Staff Finding A deck on the existing residence is already located within fifteen (15) feet of the river's top of slope as was determined by Applicant's surveyor. However, the proposed addition is located approximately thirty (30) feet from the top-of-slope and meets the progressive height established from the river s top-of-slope. Staff finds this standard to be met. 10. All exterior lighting is low and downeast 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 The Applicant is not proposing any new outdoor lighting. The existing outdoor lighting must be in compliance with the City of Aspen Outdoor Lighting Code. Staff finds this standard to be met. 11. There has been accurate identification of wetlands and riparian zones. Staff Finding The Applicants surveyor has not indicated that there are any wetlands on the property and Staff feels that the top-of-slope has been accurately identified. Staff finds this standard to be met. 9 k '1 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and (\AA Â«- c- fri- Â£ 6-TJ) 27 6'iQC=r (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for noot/ril +2 8'-r .5-4 SU A YX-f 1-- m-r>'E- (71,77 60 (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 of 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 of 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 andl/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 $ 13/ O which is for 6 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 of the application mentioned above, including post approval review at a rate of $205.00 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 By: By: 4-14Â»1Â»J Julie Ann Woods -1 Community Development Director Date: i. 1 2-1\FA Mailing Address: 12 v. -8 7 4-1 CA#~ 4 (34? S C Le ( 2_ g:\support\forms\agrpayas.doc 1/10/01 RETAIN FOR PERMANLNT RL -- / 1 '/ *0 ~1<~/17 c_- Parks Department DRC requirements for stream margin review of 54 Shady Lane 1. There must be a detailed plan submitted for stream margin protection. The detailed i plan shall identity; Location of silt fencing? How will it be supported? How will this fencing "protect residual run-off and erosion"? The City can provide specifications if needed: minimum requirements include a silt fence and straw bales placed in a manner preventing erosion and protect the river from residual run-off. This fence should be installed along the edge of the footpath located next to the sculpture. 2. A vegetation protection fence shall be erected from the bottom o f the steps at the edge of the footpath next to the sculpture to the edge of the attached deck. No excavation, storage o f materials, storage o f construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. There should be a location and standard for this fencing denated on the plan. 3. A vegetation protection fence shall be erected from the end of the handrail to the corner o f the existing 2 story CMU structure. No excavation, storage o f materials. storage of construction backfill. storage of equipment, foot or vehicle traffic allowed within the drip line o f any tree on site. There should be a location and standard for this fencing denoted on the plan. 4. These protection fences must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. 5. The Parks Department is concerned with the lack of storage and construction space. There must be a detailed plan submitted showing where the contractor plans on storing materials and how the contractor will access the site with materials, machines and other construction related items with out causing damage or impact to the areas outside of the construction zone. 6. No tree permit has been received or approved as of 6/15/04, building permit sign off is contingent on receiving an approved tree permit. -A 44 rblt ,% 0 ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: AnAL AL C E--0%'6Â«C:[7 Location: 404 s \A a 9 i- L um t.-3 e e9 f evJ (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 12-00 44-,1 3 L -9 39 -0 7 -1-00-05 b REPRESENTATIVE: FA A<LE â‚¬4_-lâ‚¬_-D Â© 6.--66Â· Name: Address: 5-4 9 411 afil 4 A t, 2- Ct 9 /:E r, Phone #: ci-1 64 5 0 -5 - ' 01 4- 9 5 01 7 Ue/ ./ PROJECT: 49 LO 6 114, ex- 1-11 10 en Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): U Conditional Use El Conceptual PUD U Conceptual Historic Devt. ~ Special Review ~ Final PUD (& PUD Amendment) D Final Historic Development E Design Review Appeal El Conceptual SPA El Minor Historic Devt. U GMQS Allotment U Final SPA (& SPA Amendment) E Historic Demolition ~ GMQS Exemption Â£ Subdivision ~ Historic Designation ESA - 8040 Greenline, Stream gl Subdivision Exemption (includes El Small Lodge Conversion/ Â£ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ~ Lot Split U Temporary Use U Other: U Lot Line Adjustment U Text/Map Amendment EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) 5 1 4 (ZIL B /em &4, u -1 -7-Â·â‚¬>9 ' 2 6-e c JEL PROPOSAL: (description of proposed buildings, uses, modifications, etc.) C 12 K ,r-000(_ Vkâ‚¬-r-a .4-- Â«7'EfT) Â»Â·f:> @ 1~\ Have you attached the following? FEES DUE: $ .El Pre-Application Conference Summary IN.-Attachment #1, Signed Fee Agreement j Response to Attachment #3, Dimensional Requirements Form RETAIN FOR PERMANENT RECORD U Response to Attachment #4, Submittal RequirementsÂ· 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 copy of all written text (Microsoft Word Format) must be submitted as part of the application. The Community Development Department May 21,2004 City of Aspen 130 S.Gatena Aspen Co 81611 Att:James Lindt Dear Sirs, I hereby apply for Stream Margin Review for a proposed 468 square foot addition to my residence at 54 Shady Lane Aspen. The purpose ofthis addition is to provide a new kitchen and bedroom below to replace the inadequate galley kitchen currently in the home. I will be representing myself in this proceeding. The addition will not require any variance and conforms to the set back,height and FAR requirements in the R30 Zone. The addition will have minimal impact on the environment. There are approximately three trees that will be impacted one of which is potentially dangerous to the current structure as it is leaning towards the building and because of its height poses a risk to our safety. I am enclosing a copy of the recent tax bill reflecting Schedule number R004423 as proof of ownership which stipulates the legal description ofthe subject Property. Included in this application are the proposed floor Plans, survey, location map,site plan and the graphic representation that the proposed addition does not breach the progressive height limit from the top of slope. My telephone number is 925 4803 or 948 8017. I live at the 54 Shady Lane address. The vegetation on the site is natural combination of Cottonwoods and Aspen. There will be no change in the natural environment nature ofthe subject Property. There will be no additional exterior lighting. We would like to build this year and hope that this application can be processed as soon as is possible. Thank you. Sincerely yours, 6Â«4903 Marc Fnedberg y - \ i. U MapQuest: Maps: print Page 1 of 1 ./. ~ * v.'c The 2004 EntertainmentÂ® Savings Book is Here! I~l Send To Printer Back to Map 54 Shady Ln ~ 9 Â¤ Get Savings Up Aspen Colorado CO -z Everywhere *Il#IMI : to 50% Off Almost 81611 US Notes: Plus Shipping 4 *nuaUAU10ME-* k CUCK HERE FOR GREAT SAVINGS# Ch*diiviek WWC" â‚¬ MAP*VEST-3 1 _. ~ %--%--1.4 r---------- 30Om 00=1 -%.4 9 [m gooft 4. .- 6 f '. 194*. - c * Peat:Rd- ,. LFL.ik ~L~:. #, ~7 Â£>r ,~~ 1~a 42 .. 1 _rhuff C' =4P--,~ffri ~ S> k..\%Â»d , t>rtler Crer4 O 4 + %41 44 C.-408/ , t.---- I-,le~ ..; U... 1 f ~ U' Roaring ForkRiveiÂ«. 1, -Â· h. i OIl . 1 -'Â«4. 11:> 4Â» ! 4 - 17%*42 A I. . di;Ai44Â» .4. fi-_f T -I ' 1. 00 1, f -21 ''r,90- N k If> 14 1= /0 ~ ~ 464-,- 1~ 4 WGillesp~SC - 1-9 7 5' 1~'V â€¢7--T- %arl (jit 2-1- 3 f~ -- 1 _22 0945 si--7 i 516.â‚¬ h Z ' 1 e 4 MS<5~24 ~ - / #.7---#=f~i~~~4alk ~ -1---- *i -- 1 -1 :. * k J~-TI-_--&--_ ~ 2~-,2----IÂ¢-9~t#est -44- 9-07944 4 --gr, 4- 0; 3 9 1 ----*i, â‚¬ 8,8/op;' 0.4.421 - c~* 4 11' .1 {44412{12" + - 2 1 JI, ...9.61 -4 , ...4. 0 0- 24 0 0 'Â· F: . -- 4 x N - e, Roer,ni Fbrk River-'yg- '111,a 0 -Pj,Aidthore ct JURD-St- f --th -- - R ~97&24-4.0442- ---=72*a,4 ) Alf w -. 4.3 0.-' N.=. . e _,-Â· 44 -) 1 Â©2004 MapQuest.com, Inc.: C. 2004 GDT, Inc. All rights reserved. Use Subiect to License/Copyright I Map Leclend NAVTEO This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. Privacy Policy & Legal Notices Â© 2004 MapQuest.com, Inc. All rights reserved. http://www.mapquest.com/maps/print.adp?mapdata=slIDb%252fBv9J%252bYm8fYBso9a... 5/19/2004 4.40 4*20 8 1301 - - 4 - ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM . Project: 4-4 5 4 891 U (21 rÂ«E- A 032 vâ‚¬--1 Q Â¥J Applicant: M-{h tz-- C f-9--1 â‚¬62-77 811-C=C Location: 54 sfia- 7 * A lf,6-4) EL, Zone District: 12_.30 20 ,Â·16 11 42 6/7 (11 6-t:Â«s Lot Size: 7-55 4 0 0 A/4/ Lot Area: ~--2.--9 6 00 (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: \ Proposed: Number of bedrooms: Existing: -5 Proposed: Proposed % of demolition (Historic properties only): - DIMENSIONS: - Floor Area: Existing: 7- 5-40 Allowable: Proposed: -2-P\9% = Principal bldg. height: Existing: , 9 ' Allo-wable: ~15 Proposed: \ C.\ Access. bldg. height: Existing: Allowable: Proposed: ___----- --- On-Site parking: Existing: - 2- Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings - Existing non-conformities or encroachments: A e r W'~ Ce Â«-l 22 Â« Afte <-42 Ci- 6~\ .Li L v--7 Â£ 5 1 43\ o F 0 9 eA, lo,Â« 4 Variations requested: ~ ~** 0~*-r.~* '~~2 1.*6~2 j.31,7 ..>~44%65.LÂ·kf.~fibâ€¢ + ~ 'L r, . . 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AREA = 28,600 SQ.FT.+A -* %%- 8\Ga#Pl ~ CALCULATED TO MEAN HIGH r WATER LINE - HUNTER CREEK -// f-If-- --/- 0---/,f~-~ ~0YEAFFLOOD PLN/4 , . TOP OF SLOPE / 1 -I-%'I-1- - e P ELEV = 7834.85' , â‚¬ 7- 4% 9 Di - AREA = 35,600 SQ.FT.+/- /r / 1 / CALCULATED TO THE CENTERLINE //53-/-\A -- A Ash OF HUNTER CREEK , J *-41-7.49Li-0-22 \ a= 1-___H_GHWATER LI~ ~~~~-*_ _-f----- CARPORT 1 f.=N--- N 0" STONE WALL ME TOP OF 927 SLOPE . / 1 CO / EL Â» 94 7/ 41 0Â» f -v , \l\ 4/./ C ->~ fL 2 1 I -A2-- ,\1 1 1 -1- -- r7*/* / 1.- 11'ja< ~ 15' TOP OF --t ,r.-1 i , SLOPE SETBACK 1 - 111 1 1 N li.t li I %Â«psi 1 3 ) 2 STORY CMU r 1 ce g \48 J<Â·/--324,*Pt - 97%=t STRUCTURE - + B.-9 0276 APP 1704 , 41/ 1 3 1 12--al ---4 022. 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PCT-6663 DATED: JULY I. 1992 1|~ ELEVATION DATUM IS ARBITRARY. BASED ON SET T.B.M. AS SHOWN CONTOUR INTERVAL IS I FOOT SCALE 1 INCH - 20 FEET ~ COTTONWOOD TREE CALIPER SIZE AS NOTED FLOOD PLAIN BASED ON FLOOD PROFILE: FEMA FLOOD PLAIN STUDY 0 10 20 30 40 DATED JUNE 4. 1987 COMMUNITY NO. 080287 CONTOUR INTERVAL IS I FOOT CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD BEARING Cl 25'17* 14 213.33 94.15 47.86 93.39* N 03*24*59-W C 2 11'44'26 205.33' 42.07 21.11 42.00- N 15'05'51-E C 3 7Â°50'42 218.33' 29.89' 14.97* 29.87 N 24*53'25-E -51* -~61&1 -\=US~.. *.0_ -- I.- Ii- / -LI N 90' 00'00-W 14.43 - - ~~ LINE BEARING DISTANCE . L 2 S 80Â°46'19-E 8.00 L 3 N 69Â°01-53-W 13.00 C E E E * 14 1 / CORRECTION DECRIPTION 0 IOO YEAR FLOOD ELEV. SEE P ITKIN COUNTY ORDINANCE 93-03 -PER FEMA STUDY <... AND Q.C.D. BK 729 PAGE 114 4 A -0..0 HUNTER \CD \ k I ./- er y / -\CA \ 2-0- - -* \51 / \21\ // / \133 4 1 / . '00*4% Â«1 -44 foo YEAR FL D PLAIN TOP OF SLOPE Fj ELEV - 7834.85. 9 / i \ 20, y - 7 ~ CARPORT ~ i /2 1 /25; f ' 4 13. SLOPE cd LU j . ~3,360--' TOP OF - STO E WALL / 7530 -0.-- / / .b- 1 ' ~ b /2- - 14* / P / 1 48 W 017 15' TOP oF . 0 ~ j A /3. SLOPE SETBAC \ \ \ 11 / 1 f R~ lU~ / 25 3. 9 , 0 4 \\ 1/ec \~ 1 0. 0 / 2 STORY CMU 7 \\ \ \-464, b. O 'v->... lt-(.'9**).TF j/ mig fv STRUCTURE Â· 4 2 2 ,+71 19'JIL,9 24- //,~ ~ ~~ ~ FT., k~ \00 m /////lilli 1 -- 5 REBAR ROOF - 56.5' C~ ill////111 1 a \ 11. BRIDGE 2 STORY CMU 11 & 1/fl~ .11 7970 6 STRUCTURE SHED | ~ Ln Il 23.35' / ~0Â· + It - - - - - ..m - XE 1 / ---2 ----- 7960 11 \ - .9 __ __909Â£_228Â·9190.- 1.- - 2-~ - - U= L=. 10 1 L BOOK 554~ 7950 M ~ PAGE 159 35..0< AREA - 28.600 SO.FT.â€¢/- Â·Â· Â· 00Â¥ CALCULATED TO MEAN HIGH | WATER L I NE - HUNTER CREEK . ~ FLOOR 37.4Â·>r Â£ *' M 7940 i.t* .-*Z-=-2.gr- 7-7-r l AREA - 35.600 SQ.FT.+1- 8 7930 CALCULATED TO THE CENTERLINE OF HUNTER CREEK TOP OF SLOPE \ ~MEAN HIGH WATER 1 SECTION "A-A" 1 SCALE 1- - 20' HORZ. & VERT \ LOOKING DOWNSTREAM WEST 562.6 N 90*00 '00-E 1 - ~\ LI ~ 214.60' 1 YEL CAP YEL CAP-~ 2376 2376 11.5' WIT COR WEST 1/4 CORNER SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6,H P.M. 1954 B.L.M. BRASS CAP LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE SWI/4 NWI/4 OF SECTION 7. TOWNSHIP 10 SOUTH. RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN. MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE DENVER & RIO GRANDE WESTERN RAILROAD (ASPEN BRANCH) WHENCE THE WEST QUARTER CORNER OF SAID SECTION 7 BEARS WEST 602.4 FEET: STREAM MARGIN REVIEW THENCE EAST 214.6 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF THE RED MOUNTAIN ROAD: IMPROVEMENT SURVEY THENCE ALONG THE ARC OF A CURVE TO THE RIGHT. THE CHORD OF WHICH BEARS 93% N 12'56' E 215.5 FEET TO THE CENTER OF HUNTER CREEK: THENCE SOUTHERLY ALONG THE CENTER OF HUNTER CREEK ALONG THE ARC OF A 1, Ar CURVE. THE CHORD OF WHICH BEARS S 68Â°02'04- W 296.19 FEET. TO THE EASTERLY LINE OF SAID RAILROAD RIGHT-OF-WAY: 0054 SHADY LANE THENCE S 08'57'E 90.6 FEET ALONG THE EASTERLY LINE OF SAID RAILROAD RIGHT- OF-WAY TO THE POINT OF BEGINNING. 44 CITY OF ASPEN, EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PROPERTY AS CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY IN DEED RECORDED PITKIN COUNTY. COLORADO DECEMBER 31. 1987 IN BOOK 554 AT PAGE 159. 59. hÂ© i COUNTY OF PITKIN. STATE OF COLORADO PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 S. GALENA STREET ASPEN. COLO. 81611 PHONE/FAX (970} 925-3816 E-MAIL daveâ€¢aspeninfo.com job no. 0263B APRIL 19. 2004 -.----- MAY 21. 2004 A ....... 390188 0Â¥081 IVH 1 1 Vill 3ONÂ¥89 018 >lovelas 57'00E 90.60' S 08Â° 4 - LEGEND & NOTES 6 O FOUND SURVEY MONUMENT REBAR W I TH CAP AS NOTED 9 SPIKE OR P-K NAIL SURVEY CONTROL POSTED ADDRESS IS -0054- , TITLE INFORMATION WAS FURNISHED BY: COMMONWEALTH LAND TITLE COMMITMENT NO. PCT-6663 DATED: JULY I. 1992 & ELEVATION DATUM IS ARBITRARY. BASED ON SET T.B.M. AS SHOWN CONTOUR INTERVAL IS I FOOT SCALE 1 INCH - 20 FEET ~2 COTTONWOOD TREE CAL I PER SIZE AS NOTED FLOOD PLAIN BASED ON FLOOD PROFILE: FEMA FLOOD PLAIN STUDY 0 10 20 30 40 DATED JUNE 4. 1987 COMMUNITY NO. 080287 CONTOUR INTERVAL IS I FOOT CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD BEARING Cl 250 17- 14- 213.33 94.15 47.86- 93.39 N 03'24-59-W C 2 11'44'26 205.33' 42.07' 21.11' 42.00 N 15'05'51-E C 3 7Â°50'42 218.33' 29.89' 14.97' 29.87 N 24*53'25-E TER -4\S- - - ---0-0-- ...... e / / 31~ L 2 S 80'46-19'E 8.00 LIN BEARING DISTANCE LI N 90'00'00-W 14.43 % L 3 N 69Â°01 53-W 13.00' C 9.2 20% /4 1 / CORRECTION DECRIPTION - j--- SEE PITKIN COUNTY ORDINANCE 93-03 /~ PER FEMA yUC* AND Q.C.D. BK 729 PAGE 114 100 YEAR FLOOD ELEV. / 1/ 8 1 4 43 \ a,\ Uy HUNTER 0.4 / '1.14Â¥;F.3/ % 1 / ~ .0349 % )20*10~ 70,4 44 ~- S -496 0,-, , \5\ ~393 - -49 . A 6 1 1 U... 7 ~ CARPORT ~ ~Â» ~ -- 69 /1 r:/ STO E WALL . 1~~.0-â€¢p' TOP OF x 7830 twij SLOPE ce ./2 1*N f / * "P ' C %34 15' TOP OF ~ / /fji/- 1 C 13. ---SLOPE SETBAC & \\ 7, 25.3, V \ 11.A f -/- 3 1 .5*1 00 / / 2 STORY CMU S .2 5 V .blkka,r- 1 e. 0 00> STRUCTURE M . B P# I A- 'i) -- / 40 PRO;Ressm // *r , 1" Pi IN' ILJ 2 A 6% , \OP 1/1/111\\ 1 21 ~.- 5 REBAR 1 ROOF - 56.5- C~ / / BRIDGE 2 STORY CMU 11 1 11 P .ti 7970 HEr& HT 5 STRUCTURE SHED Ut 23.35' 60 ./- 1 1 / 7960 l.DKET . 11\ - -ROE..26.5-2-gul,*I41* / 7950 2 0 1 L BOOK 554~ 1 PAGE 159 * AREA - 28.600 SO.FT.+/- CALCULATED TO MEAN HIGH J WATER LINE - HUNTER CREEK . ~ ~ * ~ -4 . MM *:7-14*41 4 FLOOR 395Â·. A 'Â·. . .........1 *.11 7940 14. tt.~\24: AREA - 35.600 SQ.FT../- 6 CALCULATED TO THE CENTERLINE <0 .... 7930 OF HUNTER CREEK TOP OF 'OPO. 1 LIAN HIGH WATER 1 , SECT ! ON â€žA-Aâ€ž ' 1 AL .... &66Lt 1- - 20 ' HORZ . & VERT . A WEST 562.6 N 90' 00 '00-E 1 - d.1 /~ 214.60' i YEL UP~ YEL CAP 2376 2376 11.5'WIT COR WEST 1/4 CORNER SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6,H P.M. 1954 B.L.M. BRASS CAP LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE SWI/4 NWI/4 OF SECTION 7. TOWNSHIP 10 SOUTH. RANGE 84 WEST OF THE St XTI PRINCIPAL MER IDIAN. MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE DENVER & R 10 GRANDE WESTERN RAILROAD (ASPEN BRANCH) WHENCE THE WEST QUARTER XMM STREAM MARGIN REVIEW CORNER OF SAID SECTION 7 BEARS WEST 602.4 FEET: THENCE EAST 214.6 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF THE RED MOUNTAIN ROAD: IMPROVEMENT SURVEY THENCE ALONG THE ARC OF A CURVE TO THE RIGHT. THE CHORD OF WH I CH BEARS i\% N 12Â°56' E 215.5 FEET TO THE CENTER OF HUNTER CREEK: THENCE SOUTHERLY ALONG THE CENTER OF HUNTER CREEK ALONG THE ARC OF A CURVE. THE CHORD OF WHICH BEARS S 68Â°02*04- W 296.19 FEET. TO THE .b P 0054 SHADY LANE EASTERLY LINE OF SAID RAILROAD RIGHT-OF-WAY: THENCE S 08'57*E 90.6 FEET ALONG THE EASTERLY LINE OF SAID RAILROAD RIGHT- OF-WAY TO THE POINT OF BEGINNING. -i CITY OF ASPEN. EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PROPERTY AS CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY IN DEED RECORDED PITKIN COUNTY. COLORADO DECEMBER 31. 1987 IN BOOK 554 AT PAGE 159. 59.Kv COUNTY OF PITKIN. STATE OF COLORADO PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 S. GALENA STREET ASPEN. COLO. 81611 PHONE/FAX (970) 925-3816 E-MAIL daveâ€¢aspeninfo.com job no. 0263B APRIL 19. 2004 --. 0.-- .- MAY 21. 2004 390 IM8 OVOBJIVH ONV89 01@ 5 08Â°57 00-E 90.60' Aspen Consolidated Sanitation District Patil Smith * Chairman nECEIVED Frank Loushin Michael Kelly * Vice- Chair Roy Holloway John Keleher * Sec/Treas Bruce Matherly, W JUN 2 9 2004 ASPEN June 25,2004 BUENG DEPARTMENT James Lindt Community Development 130 S. Galena Aspen, CO 81611 Re 54 Shady Lane addition Dear James: The residence at 54 Shady Lane is currently served by our district. We currently have the capacity to serve the proposed addition to the residence. Service is contingent upon compliance with our rules, regulations, and specifications which are on file at the district office. Once detailed plans are available they can be submitted to our office for the completion of a tap permit which will estimate the incremental tap fees that will be due for the project. Our incremental tap fees must be paid prior to the issuance of a building permit. Please call if you have any questions. Sincerely, Bruce Matherly District Manager 565 N. Mill St., Aspen, CO 81611 / (970)925-3601 / FAX (970)925-2537 1.1 John Niewoehner, 10:56 AM 06/18/2004.6/16/04 DRC - 54 Shady Lane (stream margin) Page 1 of 1 X-Sender: johnn@ sarn X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Fri, 18 Jun 2004 10:56:58 -0600 To: jamesl@ci.aspen.co.us From: John Niewoehner <johnn@ci.aspen.co.us> Subject: 6/16/04 DRC - 54 Shady Lane (stream margin) James - For the record, the only DRC comments are from the Park Department and you already have their memo. Let me know if you need anything else. 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> 07/09/2004 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 40 4/18 A \/ L /1( 1 1 \4- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: -7-17 0 1 Â«--1- ,200- STATE OF COLORADO ) ) SS. County of Pitkin ) \ I, fc j.: 1 ICS D-- , t.4.0 ~ ~- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: -\ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproo f materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department. which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government. school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) PUBLIC NU I llt LRE: 54 SHADY LANE ST*EAM MARGIN REVIEW ~ . NOTICE IS HEREBY GIVEN that a publid khearing will be held on Tuesday, July 2(), 2()()4, at ,-a meeting to begin at 4:30 p.m. before the Aspen ;Planning and Zonint[ Commission, Sister Cities Room. City Hall. 13() 56. Galena St.. Aspen. to con- :sider an application submitted by Marc Friedberg 'requesting approval of a stream margin review to construct an addition of approximately 470 -square feet to the existing single-family residence Uocated at 54 Shady Lane. }For further information, contact James Lindt at .the City of Aspen Community Development De- 1.partment. 130 S. Galena St.. Aspen. CO (970) 920- ,5095. Cor by email at jamesl@ci.aspen.co.us), All ,written correspunden, 6 related to the applica. .tion should be sent to the above e-mall address. 1 sdasmine Tvitre. Chair F Aspen Plann,ng and Zoning Commission Published in The Aseen Times on july 3. 2004. (1711) - ... 1;9-1/ ~ WHEREAS, l'eter 12. Wolf<,rd by Deed of rrust dated March 19.20*3 and Recorded March i 19,2003 at Reception No. 481)214 conveyed to the | ~ublic Trustee in the County of Pitkin, the follow ng described real propprty, to wit: \partment Unit 13, Chate.u Chaumont Apart nents, A Condominium according to the condo- ninium plat therefor filed December 16, 1968 in 'lat Book 3 at Page 342 through 347. and as fur-'4 her defined and described in the condominium 1 leclaration of Chateau Chaumont Apartment, a ' Iondominium, recorded December 16, in Booke !38 at Page 140. at Reception No. 133421. CountyÂ·; if Pitkin, State of Colorado, Uso known by street and number as: 731 East )urrant Ave., #13, Aspen, CO , ;aid Deed of Trust securtÂ·* c promissory note ofl 3Vel] date therewith for th. sum of Twelve Thou- ad Dollars ($ 12,000.00) m favor of Mike Seguin . ind payable according to the terms set forth in J ;aid note and deed of trust; and WHEREAS. Mike Sequin. the legal holder of j laid note and deed of trust, has filed written elec- 2 lon ancl demand for sale as provided bv law â€¢rwl 1 Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Uy-â€ž~i-Â» cÂ»ti_~Â«f *ftinature V The faegoing "Affidavit o f Notice" was acknowledge*before Wie,this 2~ day 003 047 , 200â‚¬ by ~ZE-,0 J-Â·Â·d r,di~ WITNESS MY HAND AND OFFICIAL SEAL My commissio expires: 97&1-3Â¥~2~ 9=47 22Â·Py .Â·. Notary Public O -Nfl. Moi 0771 'Sb ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL gÂ¥ P.y:241% 6*--~ PUBLIC NCT:CE DATE 1 TIME 4 2 ' SHADY LA iSTE k -T. PLACE 1- 4,1 PURPOSE ST Ic-A/\ \ h\A,2.2/1 fc -22* -, ov,_a, NbupioN TO LEt-_ T ,44 M. 2. .. Â¥4' 1 .1 1 'SIAGLE-FA, 23 REILIA 4 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: .144 9 \<f'T? -1 \--#-1 +yEL- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: .//yuil --1-0 , 20021 STATE OF COLORADO ) ) SS. County of Pitkin ) I, 1- 6- i '27Â© â‚¬ %2_-92-Gs"- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication ojnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. J Posting of notice: By posting o f notice, which form was obtained from the Community Development Department, which was made of suitable, waterproo f materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed o f letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 2- day of /5-Ur -1 , 200 4 . to and including the date and time o f the public hearing. A photograph ofthe posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date o f the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision o f this Title, or whenever the text o f this Title is to be amended. whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners o f real property in the area o f the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during ali business hours for fifteen (15) days prior to the public hearing on such amendments. 4-0 Â¢0 Signature ~ 91Â»CL~ The fore~~ '~fidavit of Notice" was acknowledged before me this ~~filay of , 2009-, by #)9 fc u--irrl ICE-(i~/ WITNESS MY HAND AND OFFICIAL SEAL My Commission Expires My commission expires: 04/25/2006 e: 0% i ~ KRISTA O. : ~ i KLEES *:00 :el Notary Public 4- r r r C 1*,pr ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 3~ Jam Free Printing - www.avery.com Use AveryÂ® TEMPLATE 5160Â® 1-800-GO-AVERY ~ AVERYÂ® 5160Â® ALLEN KIMBERLEY A & PADRAIG E ASPEN CONSOLIDATED SANITATION BALDWIN JOHN F JR 619 INDEPENDENCE PLACE 565 N MILL ST PO BOX 2972 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612-2972 BEKLIK ROYA BIELFIELD LAURENCE H BIELINSKI BRIDDGET PO BOX 7640 311 INDEPENDENCE PL 620 INDEPENDENCE PL ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 BONDS MICHAEL STEPHEN & ELAINE BOUGHTON WILLIAM REID BRUNSWOLD KIRKW JOHNSON BOUGHTON JACQUELINE LEE LANE TAMMIE A 310 INDEPENDENCE PL 102 INDEPENDENCE PL 413 INDEPENDENCE PL ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 BUESCH THOMAS A CITY OF ASPEN DECAMPO RICHARD L & SUSAN K 206 INDEPENDENCE PL 130 S GALENA ST ' 309 INDEPENDENCE PL ASPEN, CO 81611 ASPEN, CO 81611 ' i ASPEN, CO 81611 FRANKLIN DAVID MICHAEL & MICHELLE FRIEDBERG MARC S 50% INT GARZOLI DIANNE L 207 INDEPENDENCE PL PO BOX 8747 104 INDEPENDENCE PL ASPEN, CO 81611 ~ ASPEN, CO 81612 ASPEN, CO 81611 GOSHORN MARCIA L HAGGERTY BEATRICE M HALL JO-ANN 516 INDEPENDENCE PL 308 INDEPENDENCE CT 103 INDEPENDENCE PL " ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 HINES GERALD D HIPP CHRISTINE A HOLMSTEDT MONIKA C/O DUGDALE MARIAN 621 INDEPENDENCE PL PO BOX 1141 2800 POST OAK BLVD ASPEN, CO 81611 ASPEN, CO 81612 HOUSTON, TX 77065-6100 LYETH MARIAN N/SW GUARANTY IRELAND MICHAEL C KIRCH MARK A 515 INDEPENDENCE PLACE 412 INDFPENDENCE PL TRUSTEES 3/4 C/O HARDING & CARBONE ASPEN, CO 81611 ASPEN, CO 81611 3903 BELLAIRE BLVD HOUSTON, TX 77025 ODEN ENTERPRISES MCCLINTON MICHELE ODEN & CO ODEN NANCY C/O 618 INDEPENDENCE PL PO BOX 660 ' PO BOX 660 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 ROARING FORK I LLC RUBEYWM & RBT BERING KAREN E PITKIN COUNTY C/O BURT BOWEN BOWEN & BOWEN RUBEY 1/4 530 E MAIN ST STE 302 445 S FRONTAGE RD 2121 SAGE RD STE 150 ASPEN, CO 81611 BURR RIDGE, IL 60527 HOUSTON, TX 77056 Â®091.5 Â®Al!3AV ~ Lue)*laAe MMAA - 6uqulld eeld wer AMBAV-09-008-L Â®09LS 31VldV\I31 Â®AleAÂ¥ eSn Jam Free Printing - www.avery.com Use AveryÂ® TEMPLATE 5160Â® 1-800-GO-AVERY 1 ~ AVERYÂ® 5160Â® SLADDIN MICHAEL DAVID ST ANDRE ROINE STARODOJ ROBERT F & PAULA A 205 INDEPENDENCE PL PO BOX 2972 PO BOX 1121 ASPEN, CO 81611 ASPEN, CO 81612-2972 ASPEN, CO 81612 WEDUM JOHN R WILLIAMS STEVE WILLOUGHBY PONDS TRUST 101 INDEPENDENCE PL 620 INDEPENDENCE PL 110 N WACKER DR STE 330 ASPEN, CO 81611 ASPEN, CO 81611 CHICAGO, IL 60606 ill 1 h,r A .2 Â®09 15 Â®AMBAV ~ luo)Â·*.,aAe~MAAM Ill'll'll 6uqu!Â·Id eâ‚¬Ud luer AMBAV-09-008-1 Â®09 L5 31VldIAI31 Â®kleAV esn MEMORANDUM TO: Plans were routed to those departments checked-off below: ............ City Engineer ............ Community Development Engineer Housing Director Parks Department Aspen Fire Marshal City Water Aspen Consolidated Sanitation District Building Department Environmental Health Electric Department Holy Cross Electric City Attorney Streets Department Historic Preservation Officer Pitkin County Planning County & City Disaster Coordinator Parking Department FROM: James Lindt. Planner Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 RE: 54 Shady lane Stream Margin Review for addition to existing single- family residence DATE: 6/9/04 Please review the attached application for a stream margin review to expand the existing single-family residence at 54 Shady Lane. There will be a DRC on the proposed application next Wednesday, June 16111 at 1 :30 PM. DRC Date: June 16th Comments Due: June 23rd Thanks. James -k CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and (46 9.- C fit- Â£ 6>i) 75 ERC= (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for A (7 9 i /(11 1.-) a '.r- 414 9 U a ix-f L.. n- r> 'E_ 07 * f' 19+3 (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 of 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 of 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 stS/0 which is for A 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 of the application mentioned above, including post approval review at a rate of $205.00 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 By: Julie Ann Woods Br ~~~~tÂ«Â»J Community Development Director Date: O 1 - ' iN 9 Mailing Address: ~i'p .2- 3 7 4-1 A ye Â« CU> i l Le i L g:\support\forms\agrpayas.doc 1/10/01 21 FannieMae ~ Columbine Appraisal Services (970) 285-6674 /k Desktop Underwriter Qua~tive Analysis Appraisal Re~ File No. 6009 THIS SUMMARY APPRAISAL REPORT IS INTENDED FOR USE BY THE LENDER/CLIENT FOR A MORTGAGE FINANCE TRANSACTION ONLY. Property Address 54 SHADY LANE City ASPEN State CO Zip Code 81611 Legal Description SECT 7 TWNSHP S RNG 84 WEST County PITKIN Assessor's Parcel No. 2737-072-00-26 Tax Year 2001 R.E. Taxes $ 7,563.86 Special Assessments $ .. Borrower FRIEDBERG, MARC S & KAREN F Current Owner FRIEDBERG, MARC S & KAREN P Occupant N owner J Tenant n Vacant Neighborhood or Project Name N/A Proiect Type n PUD 91 Condominium HOA $ /Mo Sales Price $REFINANCE Date of Sale N/A Description / $ amount of loan chames/concessions to be paid by seller N/A PrODerty riohts al}Draised 5Â© Fee Simole E-] LeasehQIi.__1_ Mal) Reference COUNTY MAP Census Tract 9626 ...0 -Â»A- . 8525 2003 REAL PROPERTY NOTICE OF VALUATION Pitkin County Assessor 506 E. Main, Ste 202 THIS IS NOT A TAX BILL Aspen, CO 81611 Phone: 970-920-5160 Fax: 970-920-5174 10:00 a.m. to 3:00 p.m. DATE: 05/01/2003 SCHEDULE NUMBER TAX YEAR TAX AREA CODE PROPERTY DESCRIPTION (MAY NOT BE COMPLETE) R004423 2003 001 273707200026 FRIEDBERG MARC S 50% INT SECT,TWN,RNG:7-10-84 DESC: TRACT OF LAN PO BOX 8747 D BEG AT A PT ON THE ELY R-O-W OF THE D ASPEN CO 81612 &RGW RR (ASPEN BRANCH) WH THE W4 COR OF SAID SEC 7 BEARS W 602.4FT TH E 214.6 Property Address: 54 SHADY IANE; ASP COLORADO 81611 EXHIBIT A A tract of land situated in the SW1/4WWI/4 of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, more fully described as follows: Beginning at a point on the Easterly right-of-way line of the Denver & Rio Grande Western Railroad (Aspen Branch) whence the West Quarter Corner of said Section 7 bearA West 602.4 feet: chance East 214.6 feet to the Westerly right-of-way line of the Red Mountain Road; thence along the arc of a curve to the right, the chord of which bears North 12056' East 215.5 feet to the center of Hunter Creek; thence Southerly along the center of Hunter Creek along the arc of a curve, the chord of which bears South 68'02'04" Wast 296.19 feut, to the Easterly line of said Railroad right-of-way; thence South 08Â°57' East 90.6 feet along the Easterly line of said Railroad right-of-way to the point of beginning. TOGETHER WITH a parcel of land gituated in the SWL/4 of the NW1/4 of Section 7, Toninahip 10 South, Range 84 Weat af the Sixth Principal Meridian, mora fully described as follows: Beginning at a point on the Waeterly line of Red Mountain Road whence the West Quarter Corner of Baid Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian hears South 80Â°26'18" West 829.66 feet, thence 17.0 feet along the arc of a curve to the right, having a radius of 218.33 feet; the chord of which bears North 23Â°12'01" East 17 feet; thence South 64a34'07" East 13.00 feet; thence 15.99 feat along the arc of a curve to the left, having a radius of 205.33 feet, the chord of which hears North 69Â°01 '53" West 15.99 feet; thence North 69001'53" West 13.00 feet to the point of beginning. EXCEPTING THEREFROM that portion of the above described property as conveyed to The Board of County Commi4aioners of Pitkin County in Deed recorded December 31, 1987 in Book 554 at Page 159 as Reception No. 296211. Count_21_Â£~tki ,Sta'MA nf r:,Alr,-AA.