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Home My WebLink Aboutlanduse case.AP.707 N Spruce St.A105-992737-071-00-011 A105-99 Parath Amendment to Development County Referral Permi 0 PARCEL ID: 2737-071-00011 DATE RCVD: 11/24 # COPIES:F CASE NO A105-99 CASE NAME: Porath Minor Amendment to Development Permit PLNR:�� PROJ ADDR: North Spruce Street, East of William CASE TYP: County Referral STEPS:F OWN/APP: I Porath Family Trust ADRi C/S/Z: PHN:l— REP: Mt. Daily Enterprises ADR: cls/z:l PHN" 927-3138 FEES DUE: 0 FEES RCVD: 0 STAT:� REFERRALS REF: IBYJ DUE: MTG DATE REV BODY F'P''H``-- NOTICED Imo—` — I REMARKS CLOSED:r BY: PLAT SUBMITD: PLAT (BK,PG):I DATE OF FINAL A CITY COUNCIL P BOA DRAC ADMI Z: N CTION: � 1 \, A d�qC,��k- I — Q " MEMORANDUM TO: Tamara Pregl, Pitkin County Planner FROM: Nick Lelack, City of Aspen Planner'An -C,-- NL- RE: Porath Minor Amendment to a Development Permit DATE: December 15, 1999 The City Planning Office reviewed the Porath Minor Amendment to a Development Permit to construct a 6' berm outside the building envelope and within the Public Access and Utility Easement on North Spruce Street. The City of Aspen Community Development Department recommends denial of the application for two reasons. First, the City Council approved Ordinance.No. 4, Series of 1999, on March 8, 1999, to amend an existing agreement with the Porath Family Trust for provision of treated water service. Condition No. 5 of this ordinance stated, "The existing vegetation outside the existing building envelope shall be preserved and maintained in its natural state to the extent practical. Disturbance associated with, and incidental to, pedestrian and vehicular access to the property is approved." Construction of the proposed berm, which in no way is associated with access to the property, would violate this condition of approval because existing vegetation outside the building envelope would not be preserved. Second, the City of Aspen Engineer opposes the placement of any restrictions in Public Access and Utility Easements on any property. In this case, the City Engineer does not support the construction of the proposed berm in the easement. Although the Ordinance does not prohibit the construction of a berm in the proposed location or require an amendment to Ordinance No. 4, Series of 1999, City Staff recommends denial of the proposal based on the intent of the ordinance and the City Engineer's recommendation. However, if Pitkin County approves the amendment, the City recommends that a condition of approval be the requirement that the applicant enter into an encroachment agreement with Pitkin County, transferable to the City of Aspen upon annexation, stipulating that any costs associated with changing, damaging, or removing the berm be solely the property owner's responsibility. Thank you for the opportunity to provide comments on this matter. Based upon the above, the City of Aspen Community Development Department recommends denial of the Porath Minor Amendment to a Development Permit. 0 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: Attorney Zoning Engineer City Planning FROM: Tamara Pregl, Community Development Department RE: Porath Minor Amendment to a Development Permit PID# 2737-071-00-011 P154-99 Flat Fee DATE: November 24, 1999 Attached for your review and comments are materials for an application by the Porath Family Trust. This application will be reviewed by the Pitkin County Community Development Director. Please return your comments to me no later than December 15, 1999. Thank you. LAN'D5CAPE ARCHITECT 1,1L1'4 MARSHALL MT DALY ENTERPRISES LLC i 7 � l , f November 3, 1999 Tamara Pregl, Planner Pitkin County, Colorado Re: Porath Minor Amendment to a Development Permit Application Post Office Box 1537 23400 Two Rivers Rd #43 Basalt Colorado 8 162 1 Tel 970 927 3138 Fox 970 927 8487 mtdoly@sopris.net The letter serves as the application requesting to install a 6' high screening berm outside of the approved building envelope and outside the required side yard setback. The berm is not located in a Pitkin County road right-of—way. This berm will help screen the road from the house as well as help screen the house from the road and neighborhood. Pine trees are proposed on the berm and native seeded grasses and sage plants will help revegetate the disturbed area. Boulders are proposed to help retain the slopes of the berm. The berm will not disrupt existing drainage patterns along North Spruce Street. Approximately 45 cubic yards of earth will be moved as part of berm construction. Standards to be addressed: Land Use Code Section 3-200-080 A. The proposed berm does not change the use of the proposed development, which is a single family residence. B. The amendment is consistent with review of the original development and does not constitute a new land development activity. C. The proposed berm will not change the approved land use or basic visual appearance. It does not increase off -site impacts in the surrounding neighborhood but decreases impact by providing screening of the house from the road and neighborhood. The proposed berm does not endanger the public health, safety or welfare or violate any Land Use Code Standard. The proposed berm will not increase the need for on -site parking or utilities or affect affordable housing generation. The proposed berm will not affect the floor area of the house or the amount of open space on the site. Please find attached as part of this application.- 1 . A site plan showing the entire Porath property 2. A more detailed plan of the berm location and grading 3. Consent from the owners to process this application and authorizing Mt. Daly Enterprises, LLC as their representative 4. A copy of the pre -application conference summary 5. A check for $620.00 payable to Pitkin County for application fees 6. An Agreement to Pay form Sincerely, ulia Mars all FAX NO. DCT-20-1999 WED 05:06 PM • • PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PROJECT: Porath Minor Amendment to a Development Permit LOCATION: The property is located on North Spruce Street, east of the Williams Woods housing development APPLICANT: Porath Family Trust REPRESENTATIVE: Mt. Duly Enterprises PHONE/FAX: 927-3138/927-8487 DATE: October 20, 1999 PLANNER- Tamara Prcgl, 920-5103 Type of Application: Minor Amendment to a Development Pen -nit Description of Project/Development: The applicant is requesting to amend Condition No. 4 of Hearing Officer Detenninatiou No. 99-2. The applicant is requesting to install a 6' benn outside of the approved building v elope below the approved acecss envelope along the curve of North Spruce Street. Areas in which the Applicant has been requested to respond, types of reports requested: Land Use Code Sections to be addressed in letter of request (application): Section 3-200-080, Minor Amendment to a Development Permit Staff will refer the application to the following agencies: County Attorney, Zoninc, City Planning, County Engineer Review by: Community Development Director Public Hearing? No. What fee is the applicant requested to submit: Total Deposit. $620; Planning Office (deposit) S460 (additional hrs are billed at a rate of S 185/ir); Referrul Fees required: County Engineer (S160) Application fee and the 'Agreement To Pay' form (2 copies) shall be submitted with tic complete applications. lumber of copies of the application and maps to be submitted: 5 For a complete application, please include the followin- in each packet: a. Summary Icrer explauiinS the request and addressing all Land Use Codc standards listed above. b. Consent from owner(s) to process application and autliorizing the representative (if applicable). c. 24" X 36" Site Plan showing topography (2' contour) and the proposed berm. d. Copy of this pre-app form. NOTE: This preapplication conference summary is advisory in nature and not binding orl the County. 7-he information provided in rnis summary is based on current zoning standards and rmff's interpretations bated upon representations of the applicant. Additional irrfurniation may he required upon complete review of the application. • October 29, 1999 Pitkin County Community Development Department Aspen, Colorado Re: 707 Spruce Street Aspen, Colorado 81611 To Whom It May Concern: Please accept this letter as written authorization to allow Mt. Dale Enterprises, LLC to be my representative and I hereby give my consent to process the application. 1 have enclosed a check for $620. 00 for the required application fees. 4 p ASSOCIATES Investments Development Property Management If you have any questions or require any additional information, please call me directly. Sincerely, Arnold Porath Owner, Porath Family Trust Enclosure (1) 12400 Wilshire Boulevard Suite 1450 Los Angeles California 90025 310.826.3174 — 310.826.9504 FAX _ • BROOKE A. PETERSON GIDEON I. KAUFMAN* HAL S. DISHLER '• OF COUNSEL: ERIN FERNANDEZ ELY"' ALSO ADMITTED IN MARYLAND •• ALSO ADMITTED IN TEXAS ^• ALSO ADMITTED IN FLORIDA Tamara Pregl Pitkin County Planning Office 130 South Galena Aspen, CO 81611 LAW OFFICES OF KAUFMAN & PETERSON, P.C. 315 EAST HYMAN AVENUE, SUITE 305 ASPEN, COLORADO 81611 November 18, 1999 TELEPHONE (970) 925-8166 FACSIMILE (970) 925-1090 NOV[ '14 1�f77 Re: Porath Application for Minor Amendment to Development Permit Dear Tamara: As the attorney for the Porath Family Trust and for Mr. and Mrs. Porath, I have been asked to respond to your request for information regarding the easement which will be affected by the berm for which the Poraths have applied. Please be advised that I have reviewed the easement documents which create the easement on the Porath property and find no prohibition to the construction of a berm within the easement. As with any easement agreement, the owner of the property burdened by the easement (Porath) undertakes to build any improvement on an easement area at its own risk and expense. Since this is a well recognized concept of law, and since there is no specific prohibition contained within the easement documents themselves, I see no reason why it is necessary to obtain the written permission of the beneficiaries of the easement for the construction of this berm. In the event the easement holder wishes to expand the size of the road beyond its present configuration, or to install utilities within the easement area, which it has the right to do, the Porath Family Trust would have to alter or change the berm if the berm interferes with those uses. Absent a request from the easement beneficiary of that kind, I am unaware of any reason why the Porath Family Trust cannot build the bern: as proposed. Should you have any questions regarding my comments, please do not hesitate to contact me. I hope this letter proves sufficient for your purposes and that you may now process the Porath application to conclusion. cc: Arnie and Ann Porath Mt. Daly Enterprises Ynurs very tnily C:\MyFiles\LETTERS\pregl.wpd r" r 20, 84 F1 Founa at /nt of Sn fl/a S XOAfca .Ir.+e#r**W to CWorvde 10W NMW waeit cornnwnee AIVW dsche ba—d &9"n any do/,.ct :n 94,» y►arT %*or y� ,Arst 44vam r swcA deAct /n no ~d wwy aFW tiyat —A— 6—Od Won -W d#bPct - My Swsvy " commenced nwn Man tin years ftow a* date eJ tAe cerfVU_hM 5A— S11RVS70RS SCf 1b0Z 'SLFR CORfION 1lYTFII RI INC. �WGIN�'�'RS 118 !Y 6th Street, Suite .ZOO ]�%� Glenwood Springs, Colorado 81601 .5'r"UBSS'R 1 ' ' K9�•Oj 945-1004( rF;IX. j 945-5948 r Aspen, Colorado (970J 925-6727 Improvement Surve,92,1 Improvement survcy Porath Parcel a portZon of the Cora Lee and Z71a Sherwood ,4mended 2 ty, Co10rado Legend and Notes: - o indicates found monument as described. — 0 indicates set monument as described. — Bearings ore based on found Brass Cops described as follows (Using a basis of bearing of N8857W between two Bross Cops representing the intersection of the 2-3 Line of Coro Lee U.S. 5304 Amended and the Eost—West Center of Section Line of Section 7 and the intersection of the 2-3 Line of Ella Sherwood M.S. 5304 and the East—West Center of Section Line of Section 7.) — This survey does not represent a title search by this surveyor to determine ownership or to discover easements or other encumbrances of record. A/l information pertaining to ownership, easements or other encumbrances of record has been taken from a title insurance commitment issued by Aspen Title Corporation dated February 27, 1998, Order No. 405004—C7. — This property is subject to apparent easements for existing utilities and irrigation ditches. - Fences ore shown hereon for information only and do not necessarilly represent limits of ownership. - Topography and utility locations were provided by Banner Associates Inc. and should be Geld verified prior to construction. - Setback information was obtained from Aspen City Community Development. — Book 248, Page 677, Holy Cross Electric Association, Inc. Easement is a Blanket Easement and is unplottcble. LEGAL DESCRIPTION.- PORA 77-1 PARCEL A parcel of land situated in Section 7, Township 10 South, Range 84 West of the 6th Principle Meridian, Pitkin County, Colorado being more particularly described as follows: (Using a basis of bearing of N8857"W between two Bross Cops representing the intersection of the 2-3 Line of Cora Lee M.S. 5304 Amended and the East—West Center of Section Line of Section 7 and the intersection of the 2-3 Line of Ella Sherwood M.S. 5304 and the East—West Center of Section Line of Section 7.) Beginning ; a Brass Cap representing the above mentioned intersection of the 2-3 Line of Cora Lee M.S. 5304 and the East—West Center of Section Line of Section 7 whence the Cost 1116 of said Section 7 bears 58970 OS E 175.04 feet; thence N4471 55'W 401.99 feet to a rebor and plastic cap L.S. 13166, thence S45 49 J7'W 181.99 feet to a rebor and plastic cap L.S. 13166; thence S44'11 55 E 105.00 feet; thence S45 48 05'W 112.5/ feet; thence S865700 E 418.30 feet to the point of beginning said parcel containing 1.433 acres more or less Surveyor's Certificate. 1, Stephen L. Ehlers, being a Registered Land Surveyor in the State of Colorado, do hereby certify that this improvement survey was made under my supervision and is true and correct to the best of my belief and knowledge. / further certify that the improvements on the above described parcel on this date, February 09, 1999, except utility connections ore entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described premises by improvements on any adjoining premises except as indicated, and that there is no opperent evidence or sign of any easement crossing or burdening any part of said parcel, except as noted. Stephen L. Ehlers L.S 20133 `Date T BURIED TELEPHONE LINE SIGN -- g BURIED GAS LINE w pQ GAS VALVE �E )E )f FENCE UN£ �f CURB STOP ® ROCK WALL 0 POWER POLE —f,ATV— GABLE lE EMION LINE 0 LIGHT POLE E ELECTRICAL LINE WATER VALVE w WATER LINE FIRE HYDRANT ss SANITARY SEWER LINE O TELEPHONE RISER —:h�— OVERHEAD U77LT7Y LINE O GABLE RISER Cie forEXIST. CULVERTS ® 0 ELECTRIC MANHOLE SEWER MANHOLE 7 / DECIDUOUS TREE STORM DRAIN INLET Found Bross Cap ❑ ELECTRIC TRANSFORMER East 1116 Section 7 '� EVERGREEN TREE ANCHOR BO! T BRUSH LINE REVISION LZATE BY Poralh Parcel PZtkin County, Co. _.. _ .. ,ro. t ., .. ..: - ..r...e.., n--. .s cwa:.r. is rx•�.. �- :-.: ,d i.r.iy-.,. •M4• -sc Ana,-r u*a •... an.. rwe,- swsr.u.a,rr�r..- Job No. 9B119A1 Orown by: f7' Date: 0z/z6/99 APpr by 00 SB J i nF PLANT |�[��N[l ' �' `'` ' ��"�'`" Uj / z | � 70 � / EXISTING PINE68 DOG RUN CONC. q PATIO | / | | � PINE |66 ASPEN | 64 / SER\8CE8ERRY 62 SPA FLOWER OR GR0UNDCOVER AREA |60 onA/w--~\ | BETWEEI 58 STEPS ROCK — STEP +58.3 TIMBER 56 S CONC. GRAESN WITH o STEPS . o� ' | ��T / ARn'�osTows �� \ � . �,, \\\PLANTED IN K o GUEST N NC PARKING 54 PATIO # 50 ~-`` / oz | NOTE: All exterior concrete work, including |EX. TREE board -formed concrete stoirm, patio preparation *ork, all concrete walls and no GRASSES concrete walls enclosing the patios are tobo priced and constructed by Jock Wilkie / Builders. ! ! � In oddition, all exposed and weathered boulders Y or greater are to be stockpiled on | 52 site and used in the construction of the 48 boulder retaining wo||o and for accent boulders. Jock Wilkie Builders is responsible for construction of all boulder walls with the on exception of the boulder wall outside of the kitchen. | --` 48 , All flagstone pavers on patios, walkway to spa and general landscaping are to be priced -- _~' 46 ~_ by Mt. Daly Entorprioaa, LLC. +4 wZ — /-. / ~~ ._ | | | FA wm 54 52 PI��I--- / /. � 44 42 / yw OR co oo CQ LLJ ct L.LJ Cr Of U LLJ 0 524.99 FOR.R"EW .02.92 FORRVAEW In, NORTH SCAU SCHEMATIC LANDSCAPE PLAN