HomeMy WebLinkAboutLand Use Case.CU.1470 Red Butte Dr.A21-96Silverman 1470 Red Butte Dr. ADU/SM
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CASI AD SUMMARY SHEET - CITY OF ,-"EN
DATE RECEIVED: 3/18/96 CASE # A21-96
DATE COMPLETE: STAFF: Dave Michaelson
PARCEL ID # 2735-013-02-003
PROJECT NAME: Silverman Residence. Conditional Use ADU with Stream Margin Review
Project Address: 1470 Red Butte Drive, Aspen, CO
APPLICANT: Silverman, Dr. Barry
Address/Phone: c/o Stan Mathis
REPRESENTATIVE: Mathis, Stan
Address/Phone: P.O. Box 1912, Basalt, CO 81621; 927-3415
FEES: PLANNING $1050 # APPS RECEIVED 12
ENGINEER $0 # PLATS RECEIVED 12
HOUSING $0
ENV HEALTH $0 TYPE OF APPLICATION:
TOTAL $1050 One Step
❑ City Attorney
..City Engineer
❑ Zoning
Housing (54-s- t,cr4l 3[3D
❑ Environmental Health
J� Parks
❑ Aspen Fire Marshal
❑ City Water
❑ City Electric
❑ Clean Air Board
❑ Open Space Board
❑ Other:
DATE REFERRED: Ilq(,, INITIALS:
APPROVAL: Ordinance/Resolution #
Staff Approval
Plat Recorded:
CLOSED/FILED DATE: INITIALS:
ROUTE TO:
❑ CDOT
❑ ACSD
❑ Holy Cross Electric
❑ Rocky Mtn Natural Gas
❑ Aspen School District
❑ Other:
DATE DUE:
Date:
Date:
Book
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF THE SILVERMAN STREAM MARGIN REVIEW LOCATED
AT 1470 RED BUTTE DRIVER (LOT 2, BLOCK 1, RED BUTTE SUBDIVISION)
Resolution No. 96-1�
WHEREAS, Dr. Barry Silverman submitted for approval to the Commission an application
for Stream Margin Review for the construction of a new single family residence; and
WHEREAS, the Planning staff received referral comments from the Engineering
Department, Water Department and the Parks Department, and upon consideration of those
comments recommended approval of the Stream Margin Review with conditions; and
WHEREAS, the Commission reviewed and approved the Stream Margin Review with
conditions by a 4-0 vote on April 2, 1996; and
NOW, THEREFORE, BE IT RESOLVED by the Commission that it does hereby
approve the Silverman Stream Margin Review with conditions as follows:
1. Prior to the issuance of any building permits, a landscaping plan shall be submitted for
review and approval by the Parks Department. Tree removal permits shall be required for
the removal or relocation of any tree greater than 6" caliper.
2. The building envelope shall be amended to exclude the existing trees, as shown on the
attached site plan (Exhibit "A"). No vegetation shall be manipulated outside of the
envelope.
The trees adjacent to the building envelope shall be protected during construction by
barricades at the driplines.
4. The building envelope shall be barricaded prior to issuance of any building permits. The
City Engineer shall visit the site and approve the location of the barricades prior to any
excavation or construction.
5. Silt fencing shall be used during construction to prevent runoff from disturbed soils from
entering the river. Revegetation is required for any disturbed soil on the site.
6. If dedicating a fishing easement along the river, the easement shall follow the 100 year
floodplain lline across the property from east to west and shall continue down to the
property line in the river.
7. The applicant shall abandon the existing water line on the property if the new residence will
not be constructed within 6 months after the existing residence is demolished.
8. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on April 2, 1996.
ATTEST: PLANNING AND ZONING COMMISSION:
Amy Sch d, Deputy City Clerk Sara Garton, Chair
EXHIBIT A
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MEMORANDUM
TO: Planning and Zoning Commission
FROM: Suzanne Wolff, Planner
RE: Silverman Conditional Use Review For an Accessory Dwelling Unit (ADU) and
Stream Margin Review - Public Hearing
DATE: April 2, 1996
SUMMARY: The applicant is requesting conditional use approval to construct an ADU and
stream margin review approval to develop a new single-family residence on the lot. The studio
ADU is located on the main level of the proposed new residence, and contains approximately 384
square feet. Both the existing and the proposed residences are located within 100 feet of the high
water line of the Roaring Fork River. The application packet is attached as Exhibit A. Staff
recommends approval of the conditional use for an accessory dwelling unit and stream margin
review with conditions.
APPLICANT: Dr. Barry Silverman, represented by Stan Mathis
LOCATION: 1470 Red Butte Drive; Lot 2, Block 1, Red Butte Subdivision
ZONING: R-30
LOT SIZE: 30,056 square feet
FAR: Allowed = 5400 square feet; Proposed = 5200 square feet
REFERRAL COMMENTS: Please see comments from the Housing Office (Exhibit B). Verbal
comments from the Engineering, Parks and Water Departments are included below; written
comments should be available at the meeting.
Housing Office: Cindy Christensen has reviewed the project, and notes that the unit has a private
entrance and is located on the upper level of the residence. The Housing Office recommends
approval subject to the following conditions:
• The kitchen shall include a minimum of a two -burner stove with oven, standard sink, and a
6-cubic foot refrigerator plus freezer.
• The unit shall be deed -restricted prior to building permit approval.
Parks Department: The existing trees should be located outside of the building envelope. Any
removal of trees will require a tree removal/relocation permit. A landscape plan shall be approved
by Parks prior to issuance of any building permits. Silt fencing shall be used during construction to
prevent runoff from disturbed soils from entering the river. Parks requests that the owner dedicate a
fishing easement along the river.
Engineering Department: No development shall occur outside of the building envelope.
Construction procedures shall insure that runoff from disturbed soil does not drain into the river.
Any disturbed soil on the site shall be revegetated.
Water Department: Phil Overeynder requests that the applicant abandon the existing water line
on the property if the new residence will not be constructed within 6 months after the existing
residence is demolished.
STAFF COMMENTS:
Conditional Use Review - Pursuant to Section 26.60.040, the criteria for a conditional use review
are as follows:
A. The conditional use is consistent with the purposes, goals, objectives and standards of the
Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is
purposed to be located,
RESPONSE: A fundamental goal of the Aspen Area Community Plan is to "Create housing
opportunities for 60% of the workforce to live up -valley of the Aspen Village Trailer Park". A
short-term goal with the Housing Action Plan was to develop "650 new affordable housing units,
including employee -occupied ADUs to achieve the identified current unmet need to sustain a
critical mass of residents". Staff notes that an additional goal included the revision of the ADU
program to require registration and deed restrictions of all ADUs. The ADUs, as depicted, exceeds
the minimum net livable requirement of 300 square feet. The unit must comply with the Housing
Guidelines and shall be deed restricted as a resident occupied unit for working residents of Pitkin
County.
The property is zoned R-30 (low density residential). Lands in the R-30 zone are typically located
along river frontages in outlying areas of the City.
B. The conditional use is consistent and compatible with the character of the immediate
vicinity of the parcel proposed for development and surrounding land uses, or enhances the
mixture of complimentary uses and activities in the immediate vicinity of the parcel
proposed for development;
2
RESPONSE: In staff s opinion, the proposed ADU does not represent an incompatible use with
the neighborhood. The Red Butte Subdivision Protective Covenants apparently prohibit accessory
dwelling units. The applicant must resolve this issue with the homeowners' association. If the
subdivision does prohibit the accessory dwelling unit, the applicant must provide a cash -in -lieu to
the Housing Office.
C. The location, size, design and operating characteristics of the proposed conditional use
minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding
properties;
RESPONSE: The unit is completely contained within the proposed residence. The unit meets the
overall objective of livability; the unit is above grade, obtains adequate natural light, and has a
separate exterior entry. The unit can also be accessed through the interior of the residence. One
parking space is required for the ADU; parking is provided off of the driveway.
D. There are adequate public facilities and services to serve the conditional use including but
not limited to roads, potable water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services, drainage systems, and schools;
RESPONSE: No additional infrastructure is required for the ADU above and beyond what is in
place for the existing neighborhood.
E. The applicant commits to supply affordable housing to meet the incremental need for
increased employees generated by the conditional use;
RESPONSE: The ADU must be deed restricted for resident occupancy. If the unit is rented, it
must be used to house a qualified working resident of Pitkin County.
F. The proposed conditional use complies with all additional standards imposed on it by the
Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter.
RESPONSE: The proposed units are required by Ordinance 1, and must be deed restricted.
Stream Margin Review: Pursuant to Section 26.68.040(B), "No development shall be permitted
within 100 feet, measured horizontally, from the high water line of the Roaring Fork River and its
tributary streams, or within the Special Flood Hazard Area where it extends beyond 100 feet from
the high water line of the Roaring Fork River and its tributary streams, unless the Commission
makes a determination that the proposed development complies with all the standards set forth
below:"
3
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.
RESPONSE: The building envelope is located outside of the 100 year floodpIain line, and the
development will not increase the base flood elevation.
2. Any trail on the parcel designated on the Aspen Area Community Plan, Parks/Recreation/
Open Space/Trails Plan map, or areas of historic public use or access are dedicated via a recorded
easement for public use.
RESPONSE: Not applicable.
3. The recommendations of the Roaring Fork Greenway Plan are implemented in the
proposed plan for development, to the greatest extent practicable;
RESPONSE: Red Butte Subdivision is not located within the area considered under the Roaring
Fork Greenway Plan, though it is located across the Roaring Fork River from the Rio Grande Trail.
Parks has requested that the owner dedicate a fishing easement.
4. 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 barricaded prior to issuance of any demolition, excavation or
building permits. The barricades shall remain in place until the issuance of a Certificate of
Occupancy.
RESPONSE: The applicant has designated an envelope on the site plan. Staff recommends that
the envelope be amended to exclude the existing trees. The applicant agrees not to manipulate any
vegetation outside of the envelope, and to barricade the envelope prior to issuance of any building
permits.
S. 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;
RESPONSE: The proposed residence will not impact the river, and safeguards will be utilized
during construction to prevent pollution of the river. Drainage shall be directed away from the
river.
6. Written notice is given to the Colorado Water Conservation Board prior to any alteration
or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency
Management Agency;
19
RESPONSE: Not applicable.
7. A guarantee is provided in the event a water course is altered or relocated, that applies to
the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on
the parcel is not diminished,
RESPONSE: Not applicable.
8. Copies are provided of all necessaryfederal and state permits relating to work within the
100 year floodplain;
RESPONSE: All work will take place outside of the 100 year floodplain.
9. There is no development other than approved native vegetation planting taking place below
the top of slope or within 15 feet of the top of slope or the high waterline, whichever is most
restrictive.
RESPONSE: Staff visited the site and confirmed that the property does not have a distinct "top of
slope", therefore, no development other than approved native vegetation planting shall take place
within 15 feet of the high waterline.
10. All development outside the 15 foot setback from the top of slope does not exceed a height
delineated by a line drawn at a 45 degree angle from ground level at the top of slope.
RESPONSE: The attached site section shows the development's compliance with this
requirement.
11. A landscape plan is submitted with all development applications. Such plan shall limit new
plantings outside of the designated building envelope on the river side to native riparian
vegetation;
RESPONSE: The site plan includes the existing landscaping. A more detailed landscape plan
shall be approved by the Parks Department prior to issuance of any building permits. Only
approved native vegetation may be planted.
12. All exterior lighting is low and downcast with no light(s) directed toward the river or
located down the slope;
RESPONSE: The applicant agrees to comply with this requirement.
13. Site sections drawn by a registered architect, landscape architect, or engineer are
submitted showing all existing and proposed site elements, the top of slope, and pertinent
elevations above sea level;
RESPONSE: See attached application (Exhibit `B").
14. There has been accurate identification of wetlands and riparian zones.
RESPONSE: The proposed envelope avoids any wetland or riparian areas.
STAFF RECOMMENDATION: Staff recommends approval of the ADU and the stream margin
review with the following conditions:
1. Prior to the issuance of any building permits, the applicant shall comply with the following:
A. The owner shall submit the appropriate deed restrictions to the Aspen/Pitkin County
Housing Office for approval. Upon approval of the deed restrictions by the Housing
Office, the applicant shall record the deed restrictions with the Pitkin County Clerk
and Recorders Office with proof of recordation to the Planning Department. The
deed restriction shall state that the accessory units meets the housing guidelines for
such units, meets the definition of Resident Occupied Unit, and if rented, shall be
rented for periods of six months or longer; and
B. Kitchen plans shall be verified by the Housing Office to ensure compliance with
specifications for kitchens in ADUs.
2. The ADU shall be clearly identified as a separate dwelling unit on building permit plans and
shall comply with U.B.C. 35 sound attenuation requirements.
Prior to issuance of a Certificate of Occupancy, the Planning Department shall inspect the
unit to ensure compliance with the conditions of approval.
4. If the accessory dwelling unit is prohibited by the subdivision, the applicant must provide
the applicable cash -in -lieu payment to the Housing Office prior to issuance of a Certificate
of Occupancy for the residence.
5. All new surface utility needs and pedestals must be installed on -site.
6. Prior to the issuance of any building permits, a landscaping plan shall be submitted for
review and approval by the Parks Department. Tree removal permits shall be required for
the removal or relocation of any tree greater than 6" caliper.
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7. The building envelope shall be amended to exclude the existing trees. No vegetation shall
be manipulated outside of the envelope, and the envelope shall be barricaded prior to
issuance of any building permits.
8. Silt fencing shall be used during construction to prevent runoff from disturbed soils from
entering the river. Revegetation is required for any disturbed soil on the site.
9. If dedicating a fishing easement along the river, the applicant shall contact the Parks
Department to determine the appropriate location.
10. The applicant shall abandon the existing water line on the property if the new residence will
not be constructed within 6 months after the existing residence is demolished.
11. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION: "I move to approve the conditional use for an ADU and the
stream margin review at 1470 Red Butte Drive with the conditions as outlined in the Planning
Office Memo dated April 2, 1996".
Exhibits:
"A" - Referral Comments
"B" - Application Packet
7
MAR 25 '96 03:26PM
P.I
EXHIBIT A
MEMORANDUM
TO: Suzanne Wolff, Community Development Dept.
FROM: Cindy Christensen, Housing Office
DATE: March 25, 1996
RE: Silverman Conditional Use for ADU
Parcel ID No. 273"13-02403
ISSUE: The applicant is requesting to build an attached accessory dwelling unit (ADU).
The unit is proposed to be 100% above grade.
BACKGROUND: The Size of the accessory unit falls within the guidelines of the Code:
Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable
floor area and not more than seven hundred (700) square feet of allowable floor area. The unit shall
be deed restricted, meeting the housing authority's guidelines for resident occupied units and shall
be limited to rental periods of not less than six (6) months in duration. fawners of the principal
residence shall have the right to place a qualified employed or employees of his or her choosing in
the accessory dwelling unit.
The kitchen must also be built to the following specifications:
latthQLt - For Accessory Dwelling Units and caretaker Dwelling Units, a minimum of a two -burner
stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer.
RECOMMENDATION: Staff recommends approval as long as the following conditions
are met:
1. the kitchen is as stated above; and
2. an accessory dwelling unit deed restriction needs to be recorded before building
permit approval; this form is provided by the Housing Office.
Vafbrmh-,ihTmn.&du
MEMORANDCIM
To: Dave Michaelson, Planner
Via: Nick Adeh, City Engineer._�_tiQ
From: Ross C. Soderstrom, Project Engineer A5
Date: March 28, 1996
Re: Silverman Stream Margin Review and Conditional Use Review for an ADU
(1490 Red Butte Drive; Lot 2, Block 1, Red Butte Subdivision, City of Aspen, CO)
After reviewing the above referenced application and making a site visit I have the following comments:
1. Flood Elevation: Prior to issuance of the building permit, the developer of this property shall
show that the elevation (mean sea level; provide the name of the datum used) of the lowest floor,
including basement, will be at least two feet (2 ft.) above the base line flood elevation as certified by an
engineer or architect currently licensed in Colorado. The bottom floor elevation shall be shown on the
improvement plans submitted for the building permit.
2. Trash & Utility Areas: The submitted site plan does not indicate locations for these
facilities although they must be provided in an accessible area on the subject property. Water and electric
utility meters and service connection points must be accessible to service personnel in the completed
project and not obstructed by garbage or recycling containers or other structures. Any new surface
utilities requiring a pedestal or other above ground equipment must be installed on an easement provided
by the property owner and not located within the public right-of-way. Any required easements for
utilities shall be shown on the final improvement plans and the easements shall be recorded prior to
issuance of the building permit.
3. Site Drainage: The new development shall not release more than historic storm run-off
flows from the site and any increase in historic storm run-off flows must be first routed and detained on
the site. A copy of the soils report must be submitted with the building permit application. The drainage
pattern shall be shown on the final improvement plans submitted for the building permit.
DRCM0596.DOC
Memo - Silverman Stream Margin Review and Conditional Use Review for an ADU
4. Sidewalk Area: The property owner will be required to file an agreement to constrict curb.
gutter and sidewalks along the Red Butte Drive frontage in the future although none is planned at this
time. A five ft. (5 ft.) sidewalk "area" should remain unobstructed by improvements including fences.
landscape boulders, vegetation; e.g. any new trees must be located to provide space for and alignment of
the future sidewalk with the neighboring sidewalk routes to Hither side. The pedestrian usable space shall
be shown on the final development plan. The curb, gutter and sidewalk agreement shall be executed and
recorded prior to issuance of the C.O. for the project. 1
5. Water Service: If a building permit for the proposed new construction for the site is not
issued within six (6) months of this application approval, the existing water service line will need to be
abandoned and removed from the property back to the corporation connection of the municipal , eater
distribution system per Water Dept. requirements. An entirely new water service line would then be
required when the new construction is begun. The existing water service line may be used if a builditi�ty
permit is issued for the site within the next six (6) months assuming that the line is in good repair and
serviceable as determined by the City Water Dept. at the time of the building permit application.
6. Fisherman's Easement: The property owner will be required to dedicate and record a
fisherman's access easement as specified by the City Parks Dept. prior is issuance of a C.O. for the
project. Refer to the City Parks Dept. for specific details (i.e. alignment, width, etc.) of the easement.
7. Erosion Control: Prior to issuance of the building permit, the developer of this property NN-ill
be required to submit a construction plan detailing the construction techniques to be used, erosion and
sedimentation control during and after construction. No disturbance shall be permitted of the existing
vegetation on the stream -side of the development envelope shown on the site plans submitted for this
review. The non -disturbance line shall be shown on the improvement plans submitted for the building
permit application and the non -disturbance line, established with construction fencing prior to
construction, shall be securely maintained until issuance of a C.O. for the project.
8. Improvement Survey: The submitted improvement survey needs to have the following
items corrected or shown prior to issuance of the building permit:
A. Complete an improvement survey plat per standards of 38-51 C.R.S. The improvement
survey plat must be properly titled as such; signed in the Surveyor's certificate which evidences
supervision of the survey and compliance with title 38, article 51, CRS, 1973; and stamped by a surveyor
currently licensed in Colorado. The plat shall include the title insurance certificate number, date of
issuance and name of the issuing title company. The title insurance certificate must have been issued
within one (1) prior to the date of the improvement survey plat.
2
DRCM0596.DOC
Memo - Silverman Stream Margin Review and Conditional Use Review for an ADU
B. Identify the probable location and reason for the three ft. (3 ft.) closure bust identified in the
notes for the improvement survey. Show both recorded and measured bearings and distances for the
property boundaries.
C. Use a distinctive symbol to designate the fence along the northwest property line. Same
symbol presently used for survey monuments and the fence line.
D. Clearly identify the type of utility boxes with arrowed notes or distinctive symbols. Same
symbol presently used for all utility boxes. Existing utilities observed on site include electrical
transformer, telephone pedestal, cable TV pedestal, electric meter pedestal, and fire hydrant.
E. Provide the full dimensions of the curved portion of the property line along Red Butte Drive;
Set a monument at the beginning of curve; incorporate the complete boundary survey data and correction
of the 3 ft. bust in a revised plat map of the lot to be recorded prior to issuance of a building permit.
F. Use three (3) distinctive line types to indicate the edge of water, mean high water and 15 ft.
utility easement lines along the northeast property boundary. The submitted copy of the plat is too faint
to clearly differentiate the three line types. Remove other extraneous lines or clearly identify them.
G. Use a font that clearly differentiates "1" from "I"; "2" from "Z"; etc.
H. Provide full identifying information for the two (2) spikes used to establish the basis of
bearings. Also provide the bearing and distance of the tie from the nearer basis of bearings monument to
the property boundary.
I. Clearly and completely identify the type of survey monuments found and set by type and
recorded identifier, (i.e. "PLS #####" or "LS #####") along with defining distances and bearings.
H. Use basis of bearings between two (2) City monuments within same city block, two (2)
recorded subdivision monuments, or other recorded monuments, with distance & bearing to property
boundary.
9. Improvement Districts: The property owner shall be required to agree to join any future
improvement districts formed for the purpose of constructing improvements in adjacent public rights -of -
way. The agreement shall be executed and recorded prior to issuance of the building permit for the
project.
10. As-Builts: Prior to C.O. issuance the building permit applicant will be required to submit to
the Aspen/Pitkin County Data Processing Dept. as-builts drawings for the project showing the property
lines, building footprint, easements, encroachments, entry points for utilities entering the property
boundaries and any other improvements.
3
DRCM0596.DOC
Memo - Silverman Stream Margin Review and Conditional Use Review for an ADU
11. Set -Back Encroachment: The proposed building footprint encroaches into the set -back area
defined in the subdivision convenants on both the east and west sides of the property. The proposed
building will need to be adjusted in orientation, size or both to fit within the permissible building area
defined by the subdivision c onvenants.
DRCM0596.DOC
MEMORANDUM
To: -1`6ave Michaelson, Planner
Via: Nick Adeh, City Engineer
From: Ross C. Soderstrom, Project Engineer AS
Date: April 8, 1996
Re: Additional Comments on Silverman Conditional Use Review for an ADU
(1490 Red Butte Drive; Lot 2, Block 1, Red Butte Subdivision, City of Aspen, CO)
In addition to the previous comments regarding this application, the City Water Dept. has made these
comments (numbered consecutively with the previous comments):
12. City Water Service: Prior to issuance of the building permit, the property owner shall apply for
an utility connection permit to establish municipal water service. It is the applicant's responsibility to
construct a service line to the municipal water system. The property is not presently served by the city
water system although it is within the City limits with municipal water service available in Red Butte
Drive.
13. Water Well Abandonment: The property owner shall abandon and properly cap any existing
water wells on the property in conjunction with establishing municipal water service. Section 23-55 of
the City code requires that all water uses within the City be connected to the municipal system.
Therefore, any private wells located on the property may not be maintained for domestic nor irrigation
uses.
DRCM5a96.DOC
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LAND USE APPLICA710N FORM
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Special Review
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8) Des=option of Exis`, ing Uses (n=bear and type of eDds`, ig ems;
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Loretta Ban kecorcier
ADDENDUM ;arn'3�1� :202
AND
AIMENDMENT TO PROTECTIVE COVENANTS
OF RED BUTTE SUBDIVISION
The undersigned, pursuant to the provisions of Article XII
of the Protective Covenants of Red Butte Subdivision dated
September 14, 1960 and recorded September 23, 1960 in BooX 191
at page 598 of the Records of the Clerk and Recorder of Pitkin
stituting at least 75% of the owners of the
County, Colorado, con
ove the following
lots in said subdivision, hereby consent and appr
addendum and amendment to said covenants.
1. The purpose of this addendum and these amendments is to
protect and continue the single family residential character of
said subdivision.
e subdivision shall be exclusively
2. Use of the lots in th
restricted to single families. A single family is hereby defined
te mean a group
Of persons living together in one dwelling, main -
unit, and related by
adoption, blood
t.aining a common housekeeping
or marriage and shall include domestic servants and gratuitous
guests, exce t that two unrelated persons so dwelling together
shall also qualify as a single family.
3. No more than four motor vehicles may be parked at any one
time on a regular basis on the premises of any lot for more than
a,ent or vehicle exceeding 3/4 ton
48 hours, and no ;jeavy equip
capacity shall be parked on any lot in the subdivision for more
than twelve hours. date more than
4. Garages shall not be constructed to accommodate
threw motor vehicles.
5. Any acc:eFsory use, defined as a use that does not change
restricted to single
the basic character of the subdivision as one
ed in enclosed portions
family use, shall be conductof allowed
stru-,tures in order not to present an annoyance or nuisance to
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PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, 3RD FLOOR
Vincent J. Higens ASPEN, COLORADO 81611 Christina Davis
President 303-925-1766 : 303-925-6527 FAX Vice President
300' OWNER'S LIST
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado, hereby certifies the following list is a current list
of property owner's within three hundred feet of LOT 2, BLOCK 1, RED BUTTE
SUBDIVISION, as obtained from the most current Pitkin County Assessors Tax
Rolls.
NAMES AND ADDRESSES TAX SCHEDULE NUMBER
--------------------------------------------------------------------------
JEANETTE OGILVY 2735-013-02-004
1490 RED BUTTE DR.
ASPEN, CO 81611
ROLAND FISCHER
GERTRUDE FISCHER '
12035 APPLEWOOD KNOLLS DR.
LAKEWOOD, CO. 80215
DONALD LEFTON
ROBIN FISHER & LON TABATCHNICK
3250 MARY ST.
MIAMI, FL. 33133
MARTIN KELLER
FLORENCE E. KELLER
13880 WIDE ACRES RD.
GOLDEN, CO. 80401
CHUCK BELLOCK
MADELEINE MORRISION
1400 28TH ST.
BOULDER, CO. 80301
TIMOTHY J. FORTIER
LISA A. FORTIER
1465 RED BUTTE DR.
ASPEN, CO. 81611
SHIRLEY G. CLEVELAND
1445 RED BUTTE DR.
ASPEN, CO. 81611
5
2735-013-02-002
2735-013-02-001
2735-013-02-006
2735-013-02-007
2735-013-30-003
2735-013-30-002
ZURCHER P. PAEPCKE
HAMILTON A. PAEPCKE
DU BRUL A. PAEPCKE
300 FAMILY FARM RD.
WOODSIDE, CA. 94062
MARJORIE B. STEIN
STEIN & ZULFER TRUSTEES
P.O. BOX 1047
ASPEN, CO. 81612
PARK TRUST LTD.
P.O. BOX 9405
ASPEN, CO. 81612
2735-011-00-002
2643-354-00-001
2735-024-00-001
L� �' " '-)v rl�t ;" ( It
AUTHORIZED SIGNATIFly
Gdllllllll llE1La® & llllECllllTy P.C.
RONALD GARFIELD*
ANDREW V. HECHT**
MICHAEL J. HERRON***
DAVID L. LENYO
MATTHEW C. FERGUSON*
KRISTI S. FERRARO****
PATRICK D. MCALLISTER*****
' also admitted to
New York Bar
•• also admitted to
District of Columbia Bar
••• also admitted to
Florida Bar
••••also admitted to
Pennsylvania Bar
••••• also admitted to
Penns, Ivan is Bar and
New Jersey Bar
To Whom it May Concern:
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN. COLORADO 81611
February 6, 1996
TELEPHONE
(970)925-1936
TELECOPIER
(970)925-3008
Re: Lot 2, Block 1, Red Butte Subdivision, According to the
Plat thereof recorded on September 16, 1960 in Ditch
Book 2A, at Page 259
The undersigned represents Barry Silverman and Judy Silverman who, on
December 181 1995, purchased the above -referenced property. An Owner's Policy
of Title Insurance has not yet been delivered by the title insurance company. Based
upon the Title Insurance Commitment issued by Pitkin County Title, Inc. and the Deed
to the above property dated December 18, 1995, the undersigned hereby certifies
that Barry Silverman and Judy Silverman are the owners of the above -referenced
property.
Very truly yours,
GARFIELD 8t HECHT, P.C.
Michael J. Herron
MJ H/cac
c:\mjh\silvermn\lot2\concernitr
January 28, 19P6
To Whom It Ma* Concern:
I, Barry J. Silvlerman, authorize Stan Mathis to represent me regarding the
Stream Margin Review and the Conditional Use Application for my property
at Lot #2; Red IButte Subdivision, Aspen, Cplorado.
------------ -------
Barry J. Silverman
03/18/1996 11:38
970927^" 5
STAN MATHIS
PAGE 04
ASPENTITKIN
COMINIUMTY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of AsWn Development Application Fees
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1, APPLICANT has submitted to CITY an application for
(hereinafter, TH
PROJECT ►.
2 APPLICANT understands and agrees that City of Aspen Ordinance
No. 53 (Series of 1995S) establishes a fee structure for Planning upplications and
the payment of all proces-sing Fees is a condit'1011 prececient to a determination of
application completeness_
3. APPLICANT and CITY agree that because of the size, nature or
Scope of the proposed pmje�t. it is not possible it this time to ascertain the full
extent of the casts involved in processing the application_ APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make pavment of an initial deposit and to thers'after permit additional :oats to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he kvill be
benefited by retaining greater cash liquidity and will make addidorial payments
upon notification by the CITY when they are necessary as costs are int urred.
CITY agrees it will -be Ienefited through the treater certainty of recovering its full
costs to process APPLICANT'S applicatio«.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficienr inf,�rm<<tis�n to the
Planning Commission and/or Citv Council to enable the Planning Commission
and/or City Council to make legally required finding~ for pro1, unless
current biiling5 are paid in full prior to decision,
I/
4*43/18/1996 11:38
970927
STAN MATHIS
PAGE 05
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 $ 1,06"0_�-e
which is for I— hours of Planning 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. 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.
(.STY 4F ASPEN
<�af�
By:
S Clausen
Community Development Director
2
APPLICANT
D2te: 3jig iq�
Mailing Address:
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
TO: City Engineer
Housing Director
Parks
FROM: Dave Michaelson, Planner
RE: Silverman Stream Margin Review & Conditional Use for ADU Review
Parcel ID No. 2735-013-02-003
DATE: March 21, 1996
Attached for your review and comments is an application submitted by Dr. Barry Silverman.
Please return your comments to me no later than March 26, 1996.
Thank you.
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920-5090 FAX# (970) 920-5439
March 21, 1996
Re: Silverman Stream Margin Review, Conditional Use for ADU Review
Case A21-96
Dear Stan,
The Community Development Department has completed its preliminary review of the captioned
application. We have determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and Zoning Commission at a
Public Hearing to be held on Tuesday, April 2, 1996 at a meeting to begin at 4:30 p.m. Should this
date be inconvenient for you please contact me within 3 working days of the date of this letter.
After that the agenda date will be considered final and changes to the schedule or tabling of the
application will only be allowed for unavoidable technical problems. The Friday before the
meeting date, we will call to inform you that a copy of the memo pertaining to the application is
available at the Community Development Department.
Please note that it is your responsibility to mail notice to property owners within 300' and to post
the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a
photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the
public hearing.
If you have any questions, please call the planner assigned to your case, Dave Michaelson, at 920-
5100.
Sincerely,
Rhonda Harris
Administrative Assistant
PUBLIC NOTICE
RE: SILVERMAN STREAM MARGIN REVIEW AND CONDITIONAL USE REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 2, 1996 at a
meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Barry
J. Silverman, requesting approval of a Stream Margin Review and Conditional Use Review for an
approximately 384 square feet Accessory Dwelling Unit within the proposed residence. The
property is located at 1490 Red Butte Drive, and is described as Lot 2, Block 1, Red Butte
Subdivision. For further information, contact Dave Michaelson at the Aspen/Pitkin Community
Development Department, 130 S. Galena St., Aspen, CO (970) 920-5100.
s/Sara Garton, Chair
Aspen Planning and Zoning Commission
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