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Home My WebLink Aboutlanduse case.AP.707 N Spruce St.A105-99 r-. ~ .: PARCEi.ID~ )?~3- -';:'I-~C:: ' ,." DA 1-1: Rcvil: j'" iA ;;(' .# COPiES:r-: . CASE- NOjA; :io-f.,; CASE NAME:Jpo'rj~h ",' -:-i I\'~'fm:=::'i-::.~! "'': ::-F:..CI::p-::::"t P:3-~'~" ~LNR~J PROJ ADDR:INo'l~ 5~"UCP. 8:~e~: Er:S:::~ 1::I"'':~'''' ' CASE TYP:!Cr:uw'.' ~:t-:-tl~..;,l. Sl:EPS:1 ' . \ . 9WN/APP;lpornrn F,""il! r"." ADRI CIS/Z'1 PHN:j:- : REP:Jr,". D<lI', f.:n'..'r."''': .. ADR: t;:ISI~:! ' PHNiS2 "'-3' :)5 FEE~DUE:I':. FEI:S RCVD~: STAT: r ~EFERR~LSI . REF1 BYl . DUE:I MTG DATE , , " , " );IEV BODY. PH NOTICED I. rl 1 Ll I I l I 1 , DATE OF FINAL'ACTION:l i!.}'?.. ",' Jerq CITY GOUNCIL:[ . '. PZ: BOA: DRAC:r ADMlN:j .~ ,..J. " ,: ( . I . f\Y: IA" --(. 'C.....,'''I~r-5 REM4RKSl CLOS~D:fiJlzc,iq.:; :PLAl SUBMITD: ., by;', \ , , L I ",d-\ . . · PLAT IBK.!!G):l r-. ,-", MEMORANDUM FROM: Tamara Pregl, Pitkin County Planner Nick Lelack, City of Aspen Planner.J4:0 ~ NL- TO: 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 C(lmmunity Development Department recommends denial ofthe Porath Minor Amendment to a Development Permit, ,....,. ~ 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~ L~,* 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 a,re 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, ~ r-. \p:\,r.\'.'~.'.'I"'f:; \"c~l . II I".,. '-, ,Atr{t J1W ;,il;:}X)~,~if seA PEA R CHI TEe T i,i\.,~; :~.~.\;i~.';':~~'.SHALl 'Jk;~.tfl:P".i~"'J.7'F-.< , S c ~, '':P!t1j' 'If';";" ' MT DALY ENTERPRISE LL . iIl;j'f~;....i.'!"'i:;l:'" \t:; i! t.. ". ,.,,!J r3!: '\~M.':'~"-':;;~J. f~l:;'.'~~!.'i~'~'~! -1. 'h.: ff""f'Yi ":.1(" .1 . ''f.' i.~. '/', . ~~~{'l,'; ,t! 'j )~>r "I" !~'~ '.~9'" ;/ -f ".' "J '~;";~ ..i; _ .' ,'r.,,; .~, Post Office Box 1537 23400 Two Rivers Rd #43 Basalt Colorado 81621 Tel 9709273138 Fox 970 927 8487 mtdaly@sopris.net November 3, 1999 Tamara pregl, Planner Pitkin County, Colorado Re: Porath Minor Amendment to a Development Permit Application 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. f7'~f.~- Llulia Mariall ,OCT-20-1999 WED 05:06 PM FAX NO, r. U! ,.-.. /""\ PITKIN COUNTY PRE-APPLICA TJON CONFERENCE SUMMARY PROJECT: Porath Minor Amendment to a Development Permit LOCATION: The property is locate~ on North Spruce Street, east of the Williams Woods housing development APPLICANT: Porath Family Trust REPRESENT A TlVE: Mt. Daly Enterprises DATE: October 20,1999 PHONEII'AX:927-3138/927-8487 P1.ANNER: Tamara Pregl, 920-5103 Type nf Appliealion: Minor Amendment 10 a Development Penn it Description "r Project/Development: The applicant is requesting to amend Condition No.4 of Hearing Officer Detenninalioll No. 99-2. The applicant is requesling to install a 6' bcnll oUl,;"e ofthe approve" bllilding e evelope below the approved access env~lope along the curve of North Spruce Street. Arells in which the Applicant has been requcsled to respond, types of reports requested: Land Use Code Sections to be addrcssed .in letter of request (application): Sectioa 3-200-080, Minor Amendment to a Development Permit Staff will refer the application to the following agcncies: County Attorncy, Zoning, City Planning, County Engineer Review by: Community Development Direclor Public Hearing? No. What fee is the applicant requested to submit: T(J/a/ Depo..it: $610: Planning Office (deposit) $460 (additional hrs are bilIed at a ratc of SI85/hr); Referral F,as required: County Engineer (SI60) Application roe and the 'Agreement To Pay' (arm (2 copies) shall be submitted with dIe complete applications. Number of copies of the application and maps to be submitted: 5 For a conlplete application, please includc the followiug in each packet: a. Summary ktter explaining the request and addressing all Lan" Use Code standards liSle" above. b. Consent fi'om owner(s) to process application and authorizing the reprcsentat;ve (if applicable). c. 24" X 36" Site Plan showing topography (2' eontonr) and the proposed berm. ". Copy of this pre-app form. NOTE: Thls preapplication conference ,wmmary is advisory in nature and not binding on the County. The information pro....ided in this summa,y is based on current zoning stCJndards cmd slajj's intarprelalions bafOed upon represt!nlalion.r; of/he app{;c:am. Additional information maJ' he required upon complele riNiew a/rho application. - ~_'~_:" ~ "'-"-'~~:, -~~:c~,~:.;:~':'T;f;:'Z~:,:,;;.-" i:':~,:"..~,:,.>~ ,-... . ,-... ::=0-'-:"- =o....;t-.- :=={'~ ., .~~. - - - - ,. -- ~c~O:.:.C::€4';~Ej:}; October 29, 1999 Investments Development Property Management 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. I have enclosed a check for $620.00 for the required application fees. If you have any questions or require any additional information, please call me directly. Sincerely, ~~F~ Arnold Porath Owner, Porath Family Trust Enclosure (1) 12400 Wilshire Boulevard Suile 1450 lasAngeles California 90025 310. B26. 3174 310. 826. 9504FAX ,-.. ,-, BROOKE A PETERSON GIDEON I. KAUFMAN' HAL S. DISHLER .. LAW OFFICES OF KAUFMAN & PETERSON, P.C. OF COUNSEL: ERIN FERNANDEZ EL V'" 315 EAST HYMAN AVENUE, SUITE 305 ASPEN, COLORADO 81611 TELEPHONE (970) 925-8166 FACSIMILE (970) 925-1090 'ALSO AOMITTED IN MARYLAND .. ALSO ADMITTED IN TEXAS ... ALSO ADMITTED IN FLORIDA fl';:.'" NOV i 9 l))') November 18,1999 k':;'r..;;':';.~: ,', ~OM~Jj:";8:T: Cc'.~:...2.;:;1\1SNT Tamara Pregl Pitkin County Planning Office 130 South Galena Aspen, CO 81611 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 berm 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. BAP/dd cc: Arnie and Ann Porath Mt. Daly Enterprises C,IMyFilesILETTERSlpn:gl.wpd