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HomeMy WebLinkAboutLand Use Case.CU.926 E Hopkins Ave.A30-96CAS' — ',OAD SUMMARY SHEET - CITY f " DATE RECEIVED: DATE COMPLETE: PARCEL ID # 4/10/96 2737 - 182 -01 -002 CASE # A30 -96 STAFF: Bob Nevins PROJECT NAME: Braden Duplex Stream Margin Review and Conditional Use ADU Project Address: 926 East Hopkins, Aspen APPLICANT: Ralph Braden - Address/Phone: 610 E. Hyman, Aspen REPRESENTATIVE: Gibson and Reno Architects 3 U c,w- -e 1 � 0 Address/Phone: 210 East Hyman, No. 202, Aspen; 925 -5968 Scott Smith d` aJ<1U'5- FEES: PLANNING $1285 ENGINEER $105 HOUSING $65 ENV HEALTH $0 TOTAL $1455 ❑ City Attorney [ECity Engineer ❑ Zoning Q Housing ❑ Environmental Health Parks DATE REFERRED: # APPS RECEIVED 14 # PLATS RECEIVED 4 TYPE OF APPLICATION: One Step ^ - 0 , a -1 ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: INITIALS: ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE DUE: ±':':'. APPROVAL: Ordinance%Resolu# G Date: `1 `7C� Staff Approval" Date: Plat Recorded: Book Page CLOSED/FILED DATE: INITIALS: ROUTE TO: C 4 S"J75'hup 4y RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF CONDITIONAL USE FOR TWO ATTACHED ACCESSORY DWELLING UNITS AND STREAM MARGIN REVIEW FOR A DUPLEX AT THE BRADEN PROPERTY, 926 EAST HOPKINS AVENUE LOTS Q AND R, BLOCK 26, EAST ASPEN ADDITION, CITY OF ASPEN Resolution No. 96 - - WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units may be approved by the Planning and Zoning Commission as conditional uses in conformance with the requirements of said Section; and WHEREAS, pursuant to Section 26.68.040(B), development is required to undergo Stream Margin Review if it is within 100 feet from the high water line of the Roaring Fork River; and WHEREAS, the Community Development Department received an application from Ralph Braden for Conditional Use and Stream Margin Review for a new duplex containing two (2) above -grade studio Accessory Dwelling Units, with each unit having approximately 305 sf of net livable area; and WHEREAS, the proposed Accessory Dwelling Units are 100% above - grade, the project is eligible for a floor area bonus of 50% or 250 sf, whichever is less, for each ADU pursuant to the definition of Floor area (G), "Accessory Dwelling Unit or Linked Pavilion ", Section 26.04. 100 of the Aspen Land Use Regulations; and WHEREAS, the Housing Office, City Engineering, Parks Department and Community Development Department reviewed the proposal and recommended approval with conditions: and WHEREAS, during a public hearing at a regular meeting on May 7, 1996, the Planning and Zoning Commission approved by a 6 to 0 vote the Conditional Use for the two (2) Accessory Dwelling Units and Stream Margin Review for the new duplex with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1: Pursuant to Section 26.40.090 of the Aspen Municipal Code, the Braden duplex Conditional Use for two(2) above -grade studio Accessory Dwelling Units is approved with the following conditions: Prior to the issuance of any building permits, the applicant shall comply with the following requirements: a) The applicant shall revise the architectural floor plans in order to create Accessory Dwelling Units that are totally separate from the two (2) primary residences; b) 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 submitted to the Community Development Department. The deed restriction shall state that the Accessory Dwelling Units meet the housing guidelines for such units, meet the definition of Resident Occupied units, and if rented, shall be rented for periods of six (6) months or longer; and C) Kitchen plans shall be verified by the Housing Office to ensure compliance with specifications for kitchens in ADUs. 2. The two (2) ADUs shall be clearly identified as a separate dwelling units on building permit plans and shall comply with 1994 U.B.C. Sound Transmission Control Guidelines (Appendix Chapter 12, Division H, Section 1208). Prior to issuance of a Certificate of Occupancy (CO), the Planning Department shall inspect both Accessory Dwelling Units to ensure compliance with the conditions of approval. 4. All new surface utility needs and pedestals must be installed on -site. Curb and gutter shall be installed to City standards along East Hopkins Avenue. >. The applicant shall abandon the existing water line on the property if the new duplex is not constructed within six (6) months after the existing residence is demolished. 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 six inch (6 ") caliper. 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. Section 2: Pursuant to Section 26.68.040(B) of the Municipal Code, the Planning and Zoning Commission does hereby grant the applicant Stream Margin Review approval with the following conditions: I. No vegetation shall be manipulated outside of the building envelope; and the envelope boundary along the Roaring Fork River shall be barricaded prior to issuance of any building permits. 2. 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. 3. If dedicating a trail easement along the river, the applicant shall contact the Parks Department to determine the appropriate location and width. 4. All exterior lighting shall be low and downcast with no light(s) directed towards the Roaring Fork River or located down the slope. Light sources shall not illuminate greater than eight (8) feet from the building or structures. 5. Any future development (including but not limited to: decks, spas, terraces, patios, fences, non - native plant materials) shall not encroach into the fifteen (15) foot top - of -slope setback. 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. G 9}'e&A 04 APPROVED by the Commission at ks-� meeting on May 7, 1996. .attest: Planning and Zoning Commission: Jackie Lothian, Deputy City Clerk Sara Garton, Chairperson WRIGM i JUDGER Attorneys at Law 201.Harth Mill Street Suite 106 Aspen, Colorado 81611 Telephone: '970925 -5625 Facsimile: 970- 925 -5663 FACSIX:ELE COVER LETTER TO: Bal Nevins FAOY: Gazy A. Wright DATE: September 6, 1996 OU8 oLiENT: Tum Vita TOTAL 1=91 OF PAGES: three 920 -5439 YACSIMII.E a: 970- 925 -5663 TIRE: 9:00 a.m. MATTE&: 926 East Avenue (3NCLIIDINC THIS COM PAGE) IF YOU .DO NOT RECEIVE ALL. OF.., THE' PAGES, PLEASE CALL 970 -925 -5625 AS SOON AS POSSIBLE. THIS FF,CSMKnZ MACHINE IS A RICOH 3500. AS! YOA: EMSAGE: THE INFORMTION CIDSTA IN THE ATTACHED FAC31XZLE IS PBOPRIETABY AND CONFIDENTIAL IN NATURE. WHM APPLICABLE, IT "S INTENDED TO BE PROTECTED BY THE ASTORNEY- CLIENT PSSVILEGE. IT fd INTENDED ONLY FOR THE USE AND KNOWLEDGE OF IHE RECIPIENT AND IS TO BE PROTECTED FRCM GENERAL POBLICATION. with any questicns Bob — please review, fax back /arA I will print up an original to bring aver. Call me J.5 you have any questics. Mank YOU far YOur pravpt attention in this matter. susan WRIGHT & ADGER LAW PARTNERSHIP 201 NORTH MILL STREET, SUITE 106 ASPEN, COLORADO 81611 ASPEN TELEPHONE: 303- 925 -5625 BASALT TELEPHONE: 303- 927 -9090 FACSIMILE: 303- 925 -5663 GARY A. WRIGHT, P.C. ALLEN H. ADGER, P.C.* ALSO ADMITTED TO TEXAS AND LOUISIANA BAR Bob Nevins and Stan Clauson Aspen Community Development 130 South Galena Street Aspen, Colorado 81611 5 September 1996 Re: 926 East Hopkins Avenue - Parcel I.D. No. 2737 - 182 - -01 -002 Gentlemen: "ALSO ADMITTED TO FLORIDA BAR When countersigned by Stan Clauson below, this letter will confirm that the property to be constructed at 926 East Hopkins is considered by the City to be a legal duplex according to the Gibson & Reno plans that were approved by the Planning and Zoning Commission on 7 May 1996. This means that: stream margin review; conditional use for two (2) separate Accessory Dwelling Units of 336 sq. ft. each; and a duplex GMQS exemption have been approved for this development. In order for it to be condominimized and sold as two separate and independent units, the requirements of Section 26 -88 -070, Condominiumization of the Land Use Regulations and existing conditions of approval shall be complied with. Condominiumization is a Staff Review with a base fee of $450.00. Pursuant to Section 26 -52 -080 (F), Non Vested Development current approvals shall expire on 7 November 1997, eighteen (18) months subsequent to site specific development approval if a building permit is not obtained. If this is correct please sign below where indicated, otherwise please contact me :mmedia — ` Sincerely, WRIGHT & ADGER, i T p Stan Clauson, Director Aspen Community Development GAW:sc By: GAty A. Wright OF COUNSEL: PHILIP J. O "CONNELL " REIT W HITE\CLAUSON.001 ** *SMUGGLER AFFORDABLE HOUSING SITE VISIT * ** (Meet behind City Hall at 3:30) ASPEN PLANNING AND ZONING COMMISSION SPECIAL MEETING TUESDAY, MAY 7,1996,4:30 PM SISTER CITIES MEETING ROOM, CITY HALL I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. PUBLIC HEARINGS A. Rocky Mountain Pie Company Conditional Use, Suzanne Wolff (cont. from 4/2) B. Zupancis Subdivision, Bob Nevins C. Braden Duplex Conditional Use for ADU and Stream Margin Review, Bob Nevins D. Smuggler Affordable Housing Conceptual PUD, Suzanne Wolff (cont. from 4/16) IV. NEW BUSINESS A. Tennis Townhomes SPA Amendment, Amy Amidon B. ADU Regulations (Information Item), Dave Michaelson V. ADJOURN W.W.12121120 Braden Duplex Conditional Use Steve Buettow stepped down. Proof of notice provided. David Hoefer, Assistant City Attorney said the notice is proper and the board has jurisdiction to proceed. Bob Nevins, Staff stated that the applicant, Ralph Braden is requesting conditional use approval to construct two ADU's and a stream margin review to develop a new duplex on the residential lot. Nevins said duplexes are permitted in the RMF Zone, the applicant proposes two ADU's with two free - market residences. Nevins stated that the building is located out of the 100 year floodplain. Nevins said there is an existing fence along the rear property line that encroaches into the vacated alley, Staff recommends that it be relocated or removed prior to the issuance of building permits. Garton asked how the applicant proposed to privatize the ADU's. Scott Smith, Gibson -Reno Architects, representing applicant said there is a separate South entry into the ADU off of a separate entry porch. Smith said the intent of the ADU is to provide housing in a caretaker situation, that is the reason the secondary door opening in the main house. Garton stated that P &Z determined, and have had this discussion with other applicants that in all situations we require the ADU to have a separate entrance and not be accessible from the main house to secure that the ADU will not become a guest room or used by the household. Smith said that ideally for the anticipated use of the ADU having the secondary door is very important, we were not aware that there were requirements that did not allow that. Garton stated that there are pre -app discussions and maybe Staff can communicate the sound attenuation, ect... Michaelson said that historically those comments have always come through Housing. Smith said that he is not sure why this application will not work with some type of indirect connection within the main residence whereas other applications would be 3 PLA NNING 1 NING COMMISSION AY 7,1996 allowed. Blaich responded that at a P &Z meeting a few weeks ago with Gibson - Reno we challenged the ADU because there was direct access to the ADU through the kitchen of the main house and as a condition of approval that was to be removed. August Reno, architect, stated that he would like to challenge that, in the last three years, had three projects that all have that kind of connection. Reno said that his understanding with the Niesser residence, that Blaich referred to was an exterior entrance, which we did not have, was needed, he said it was not his knowledge they were to remove the interior door. Garton responded that was the representation at the meeting and that is how it was approved. Reno said that with ordinance 1, the intent was to provide these units but not necessarily force the homeowner to rent them out, he would like to know if there has been legislation that changes this. Garton responded that the Commission is interested in the name of the projects he ( Auggie) referenced and that if he looked at the conditions and how they were approved, one of the conditions was, minutes dated 412196, condition of approval #7) The entrance to the ADU shall have direct access without having to enter the house. Michaelson read the definition of an ADU, "a separate dwelling unit, that is located within or attached to a principal residence having an entrance separate from the primary residence ", the Housing Board has recommended, at least over the last year, that they want ADU's to have separate entrances. Michaelson stated that Auggie is right in that, farther in the code, the ADU standards are not explicit that those doorways have to be removed. Hunt said that he did not read that as excluding interior doorway access, it says "it must have exterior access ", but as these are conditional use approval, the Commission has exceeded to the Housing recommendation that there not be an interior access. Chaikovska agreed that it does not preclude interior entrance, ADU's are used for the convenience of the owners with nannies or caretakers, if we are going to adopt a policy of "no interior entrances ", it should be put in legislation. Chaikovska stated that the rules are not clear and to be fair to the public that section should be clarified. S Blaich said that the interior connections give the owner the flexibility to have an ADU or use it for other purposes, if there is no door, there is no flexibility. Mooney stated that the obvious way around this is cash -in -lieu, or to design a quality living space to provide housing for someone working in this community. Mooney said this set -up appears to be another bedroom. Smith responded that the intended use of the ADU may not be the ideal goal of the people concerned, but in the intended function of this unit, in terms of a nanny or caretaker, this way works best for that situation. Blaich said the question of privacy is not just physical barrier, but sound, a door will leak more sound than a wall, if it is an ADU than you do not need a door into the main house and if someone will be taking care of the house it is not a hardship to go outside and come in the other door. Nevins stated that the key is we need a wall for total separation of the ADU from the rest of the home. Ralph Braden, applicant said that this project was started in July of 1994, in a design review meeting the board asked us to remove the garages from the front and ask the neighbor (Queen Victoria) if their driveway could be used, that has taken over a year to negotiate and now have to build them a heated driveway, ect... Braden stated that in 1895, what the City thought was an alley, was deeded out from the City, we have been negotiating so they can keep the path down below. Braden said that when he started this project nobody wanted cash -in -lieu, now cash -in -lieu is preferred. Garton said the Commission is discouraged on ADU's as the reports come in as to how many are actually being rented, we are building larger homes and we do not know that we are housing people. Braden asked how much cash -in -lieu is. Michaelson responded that it works out to $19.17 per sq.ft. of the house. Garton said an ADU is a conditional use meaning that it is reviewed by this Commission to hope that it meets the intent of ordinance 1. Reno said that there are mixed signals, we want to know what the rules are, and we are willing to follow as long as they are written and expected. Reno stated that • ► �� �� u_ lI11 he thinks that if this unit becomes a caretaker, nanny unit, which is the intention, that they should be allowed to have an interior connection. Garton asked about the parking plan. Smith responded that the garages are two car and it will have a parking apron. Garton asked about the trail easement. Nevins responded that the trail easement is on the alley. Braden stated that the alley is dedicated back to the City. Nevins said that because of the width of the potential bikeway, they would like to have the entire alley as an easement due to the nature of the slope. There were no comments from the public. MOTION: Hunt moved to approve the conditional use for two studio, accessory dwelling units and the stream margin review for the proposed duplex at 926 East Hopkins Avenue with the following conditions: 1) Prior to the issuance of any building permits, the applicant shall comply with the following: 1 a) The applicant shall revise the architectural floor plans in order to create accessory dwelling units that are totally separate from the primary residences; b) 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 submitted to the Planning Department. The deed restrictions shall state that the accessory units meet the housing guidelines for such units, meet the definition of Resident Occupied Units, and if rented, shall be rented for periods of six (6) months or longer; and 31 NUIUMPM1 glee c) Kitchen plans shall be verified by the Housing Office to ensure compliance with specifications for kitchens in ADUs. 2) The ADUs shall be clearly identified as separate dwelling units on building permit plans and shall comply with U.B.C. 35 sound attenuation requirements. 3) Prior to issuance of a Certificate of Occupancy, the Planning Department shall inspect the accessory dwelling units to ensure compliance with the conditions of approval. 4) All new surface utility needs and pedestals must be installed on -site. Curb and gutter shall be installed to City standards along East Hopkins Avenue. 5) 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. 6) No vegetation shall be manipulated outside of the building envelope, and the envelope boundary along the Roaring Fork River shall be barricaded prior to issuance of any building permits. 7) 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. 8) If dedicating a trail easement along the river, the applicant shall contact the Parks Department to determine the appropriate location. 9) The applicant shall abandon the existing water line on the property if the new duplex is not constructed within six months after the existing residence is demolished. 7 : ► ►/_ u- 10) 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. Seconded by Blaich. Discussion: Chaikovska commented that she would not support the elimination of the door, she feels there is a need, in certain situations and until the board reviews and legislates what exactly we want, she cannot support that particular condition. All in favor, motion carries. Steve Buettow abstained. Smuggler Affordable Housing Conceptual PUD and Rezoning Suzanne Wolff, Staff said this was tabled on 4/16/96 to allow staff to review the revised conceptual site plan and to address some issues raised by the Commission. Wolff stated that the number of buildings, units and sqft. of the project have all decreased since the original submission, the current proposal is 13 units, 12 one bedroom units and one (1) two bedroom unit in four buildings. Wolff said the units will be fully deed restricted and will be sold through the Housing office to qualified residents, the current proposal has pulled the building further from the northern property boundary, the structures have been reduced to four (4) from the original seven (7), staff feels that the scale is not excessive for that area, the applicant has modified entrances and porches on Spruce St. consistent with the intent of ordinance 30, nineteen parking spaces have been required on -site. Wolff said that the open space has been improved, 48.5% of the lot is covered by structures, a site specific traffic study will be required at final, Staff supports access on Race Street and RFTA is considering improvements in the area, Staff contends the project complies with the goals and policies of the AACP, and feels that the development is compatible with the land use, character and scale of the Smuggler Mountain neighborhood. N JZJ: C. MEMORANDUM TO: Planning and Zoning Commission THRU: Stan Clauson, Community Development Director Dave Michaelson, Deputy Director; FROM: Bob Nevins, City Planner RE: Braden Duplex Conditional Use Review For Two Accessory Dwelling Units; and Stream Margin Review - Public Hearing Parcel I.D. No. 2737 - 182 -01 -002 DATE: May 7, 1996 SUMMARY: The applicant is requesting conditional use approval to construct two ADUs and stream margin review approval to develop a new duplex on the residential lot. The studio ADUs are located on the main level of the proposed new duplex , and each unit contains approximately 336 square feet (305 sf of net livable area). 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 the two studio, accessory dwelling units and the stream margin review with conditions. APPLICANT: Ralph Braden, represented by Scott Smith of Gibson -Reno Architects LOCATION: 926 East Hopkins Avenue, Lots Q and R, Block 26, East Aspen Addition, City of Aspen, Pitkin County, Colorado ZONING: Residential/Multi- Family (R/MF) LOT SIZE: 6,000 square feet PROPOSED LAND USE: Duplex with two accessory dwelling units FAR: Duplex (6,000 sf lot) = 3,600 square feet of allowable floor area BACKGROUND: Pursuant to Section 26.28.090(B)(2), a duplex is a permitted use within the R/MF zone district if an accessory dwelling unit is provided for each of the free market residences. The project has previously been reviewed and approved by the Design Review Board and Staff under Ordinance 35. It was agreed that the proposed duplex would share a common driveway with the Queen Victoria Condominiums to the west which would allow rear automobile access for both developments. REFERRAL COMMENTS: Please see comments from the Housing Office (Exhibit B). Verbal comments from the Engineering and Parks Departments are included below; written comments should be available at the meeting. Housing Office: The size of the accessory dwelling units (305 sf net livable /each) is within the guidelines established in Section 26.40.090, Accessory dwelling units. The units have private entrances and are located on the ground level of the proposed duplex. The plans also indicate that both ADUs have doorways connecting them to the interior of the primary residences. The Housing Office recommends approval subject to the following conditions: Replace the doors between the principal residences and the accessory dwelling units with walls to create totally private ADUs. The kitchens shall include a minimum of: two -burner stoves with ovens, standard sinks, and 6 -cubic foot refrigerators plus freezer. The units 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 the area required to accommodate a ten foot trail easement along the river, if and when the alley of Block 26 is vacated. 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. Curb and gutter shall installed to City standards along East Hopkins Avenue. 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 of the Housing Action Plan is " to develop 650 new affordable housing units, including employee - occupied ADUs to achieve the identified, current unmet need and to sustain a critical mass of residents ". An additional goal includes the revision of the ADU program to require registration and deed restrictions of all ADUs. The ADUs, as depicted, meet the minimum net livable requirement of 300 square feet. The accessory dwelling units must comply with the Housing Guidelines and shall be deed restricted as a resident occupied units for working residents of Pitkin County. Owners of the principal residences shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit for rental periods of not less than six months duration. The property is zoned R/MF (Residential/Multi- Family). Lands in the R/MF zone district are typically those found in the original Aspen Townsite, within walking distance of downtown, or include lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. The purpose of the Residential/ Multi - Family (R/MF) zone district is to provide for the use of the land for intensive long -term residential purposes, with customary accessory uses. 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; RESPONSE: The proposed accessory dwelling units (ADUs) are a compatible use within the East Aspen neighborhood. The immediate area surrounding the parcel contains a wide of variety of housing types, densities, and architectural styles. A considerable amount of redevelopment has occurred along this section of East Hopkins Avenue in recent years. The neighborhood used to house a number of local residents /employees. To off -set this trend, the East Hopkins Affordable Housing development was built. The existing residence is an older, single -story structure that appears to be inhabited by working residents. The proposal to construct two new, studio accessory dwelling units would be consistent and compatible with the land uses and character of this portion of East Hopkins Avenue. It would also provide opportunities for local working residents to continue living in the area. 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 accessory dwelling units are completely contained within the proposed duplex. The units meet the overall livability objectives: the units are at ground level, obtain adequate natural light, and have separate exterior entries and porches. One parking space is required per ADU and two parking spaces /dwelling unit are required for duplexes. There is a provision for a total of six on -site parking spaces: two spaces/residence and one space /ADU. Automobile trips should be minimized since the property is within walking distance of downtown Aspen, City Market, the gondola, and Herron Park. The approval of two accessory dwelling units within the proposed duplex should not adversely impact the surrounding properties. 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: There are adequate public facilities and services to serve the proposed development. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; RESPONSE: Duplexes are permitted in the R/MF/MF zone district if: a) one of the units is restricted to the middle income price and occupancy guidelines and the affordable housing unit comprises one -third of the total floor area; or b) both units may be free - market residences if an accessory dwelling unit is provided for each residence. The applicant is proposing to provide two accessory dwelling units with two free - market residences. The accessory dwelling units 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 conditional use for two accessory dwelling units contained within a newly constructed duplex is consistent with the Aspen Area Comprehensive Plan and complies with all other applicable requirements. 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:" 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 floodplain line, and the proposed 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: There is a ten foot trail easement along the southern edge of the Roaring Fork River. If and when the alley of Block 26 is vacated and transferred to the property owners of Lots Q and R, an easement shall be granted for the portion of the trail easement included within the vacated alley area. 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable; RESPONSE: The proposed development is situated on a bench above and back from the Roaring Fork River. It will not impact any existing trail or fishing easements. 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 proposed duplex is to be constructed on the existing development site. Vegetation will not be removed or damaged nor will slope grade changes be made outside of the property line extending along the northern boundary parallel to the river. The applicant will need to barricade this perimeter prior to issuance of any building permits. 5. 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 duplex 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 Roaring Fork 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; 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 necessary federal 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: No development is proposed below the top of slope or within the high waterline of the river. Approved native vegetation will be planted within fifteen feet of the top of slope. 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: All development is outside the fifteen foot top of slope setback and does not exceed a height delineated by a line drawn at a 45- degree angle from ground level at the top of slope. 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 vegetation. No new landscaping is anticipated outside the proposed building envelope. 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: Not applicable. STAFF RECOMMENDATION: Staff recommends approval of the two studio, accessory dwelling units and the stream margin review with the following conditions: Prior to the issuance of any building permits, the applicant shall comply with the following: A. The applicant shall revise the architectural floor plans in order to create accessory dwelling units that are totally separate from the primary residences; B. 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 submitted to the Planning Department. The deed restriction shall state that the accessory units meet the housing guidelines for such units, meet the definition of Resident Occupied Units, and if rented, shall be rented for periods of six (6) months or longer; and C. Kitchen plans shall be verified by the Housing Office to ensure compliance with specifications for kitchens in ADUs. 2. The ADUs shall be clearly identified as a separate dwelling units on building permit plans and shall comply with U.B.C. 35 sound attenuation requirements. 3. Prior to issuance of a Certificate of Occupancy, the Planning Department shall inspect the accessory dwelling units to ensure compliance with the conditions of approval. 4. All new surface utility needs and pedestals must be installed on -site. Curb and gutter shall be installed to City standards along East Hopkins Avenue. 5. 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. 6. No vegetation shall be manipulated outside of the building envelope, and the envelope boundary along the Roaring Fork River shall be barricaded prior to issuance of any building permits. 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. 8. If dedicating a trail easement along the river, the applicant shall contact the Parks Department to determine the appropriate location. 9. The applicant shall abandon the existing water line on the property if the new duplex is not constructed within six months after the existing residence is demolished. 10. 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. II, p -EL6 LhTg rla,�$y�p Ff�� RECOMMENDED MOTION: "I move to approve the conditional use for two studio, accessory dwelling units and the stream margin review for the proposed duplex at 926 East Hopkins Avenue with the conditions outlined in the Community Development Office Memorandum dated May 7, 1996 ". Exhibits: "A" - Conditional Use and Stream Margin Review Application "B" - Referral Comments MAY 02 '% 10:34AM r TO: Bob Nevins, Community Development Dept. BROIL: Cindy Christensen, Housing Office DATE- May 2, 1996 RE: Review for Braden Duplex Accessory !.welliaq Units Parcel ID Me. 3737- 102 -01 -007 P.1 The size of the accessory units fall within the guidelines of the Code: Accessory dweMng units shah conitWn not less than three hundred (300) square feet of albwable floor area and not mare then aeven hundred (70U) square feet of a ble floor area. The unit shall be deed restricted, meel4tg ate housing authority% guidelnea for resident occupied units and shad be limited to rental periods of not less than Sw (6) mmntlts in duration. Owners of the princlped residence end have the right to place a qualified employee or empbyeea of his or her choosing in the accessory dwelling unit. The app states that the proposed accessory dwelling units are to be located at the main ground level of the principal units, at the street side, and have a separate exterior entry and porch. The plans show that the accessory dwelling units will have a private entrance, but the plans also show that there is a door connecting to both units going into the master bedrooms of both units. Accessory dwelling units must be totally private units, therefore, it is recommended that a wall be built between the ADV's and the rest of the principal unit. The kitchen must also be built to the following specifications: Khthen - For Accessory Dwwellirtg Units and Caretaker Dwelling Units, a mirtimtan of a two -burner stove with oven, standard sink, and a 8-cubic foot refrigerator plus freezer. RZCOIOIEIIDATIDH staff recommends approval should the following conditions be met: replaces the door between the principal residence and the accessory dwelling units with a wa_l; • the kitchen falls within the de'_initicn stated above; • a deed restriction be recorded before building permit approval (this form can be obtained in the Housing Office); and • inspection of the units by the Housing Office before Certification of Occupancy approval. Exhibit B MAY. 6 '% 7 :09PN'�"' Memorandum To: Bob Nevins, Planner P.1 r FROM: Rebecca Schickling & John D. Krueger, Parks Department DATE: April 29, 1996 RE: Braden Duplex Stream Margin review and Conditional Use for ADU Parcel ID No 2737- 182 - 01-002 We have reviewed the Braden Duplex application and offer the following comments. The alley vacation if approved needs to include a hail easement that expands the existing easement to the "top of the bank" arc as shown on the application at a grade level of about 7912. It is critical to retain this additional trail easement so that this connecting link of trail can be built. The existing trail easement is not wide enough to accommodate a trail that meets city specifications of 10' wide with 2 foot shoulders, and contains the excavation and retainage needed to complete the trail. It is critical to retain this additional trail easement so that this connecting link of trail can be built. If the larger easement is not granted then we will not be able to give a vacation of the alley. on the cast side of Braden, at Vallcy Iii, we will be working to align the trail on top of the existing sanitation cone. We have met with Tom Bracewell of the Aspen Consolidated Sanitation District and he believes this is acceptable and would allow them easier access to the sanitation lint for cleaning and maintenance. On the west side of Braden is the Queen Victoria. "They are currently dumping fill, primarily gravel and snow, off the end of the driveway and it appears to be destroying riparian vegetation. If Braden obtains an access casement fk om the Queen Victoria this will absolutely not be acceptable to dump or store snow over the top of slope there. The Queen Victoria may already be violating stream margin regulations and the Clean Water Act ( a 404 violation). The application also shows the Aspens and Cottonwoods on the can side of the lot as being preserved during construction. From looking at the trees and the proposed plan, it is questionable whether these trees will be able to be saved with the cuts proposed by the development. A tree removal permit must be applied for prior to issuance of a building permit and all trees that are over code (4" or greater for conifrrs and 6" or greater for deciduous measured 4 in feet above gmde)must be mitigated. If the applicant cannot MAY. 6 '% 7: OW O. F 2 replace on site then a payment -in -lieu option is available. If these trM arc: rtanoved it may be as much as 56 caliper inches of tees at a minimum that needs to be mitigated. The rites in the alley way neat be preserved and will not be permitted to be removed. TO: Planning Staff John Ely, County Attorney Susan Murphy, County Administration John Worcester, City Attorney Kathryn Koch, City Clerk FROM: Rhonda Harris, Community Development Department RE: Work Schedule -Memos Due Week of April 22, 1996 MAY 7 - ASPEN PLANNING & ZONING Rocky Mountain Pie Company Conditional Use (SW) (tabled from 4/2) Zupancis Subdivision (BN) Worksession Shadow Mountain View plane (DM) • Braden Duplex Conditional Use for ADU & Stream Margin Review (BN) Taco & Burrito Co. Conditional Use (SW) Smuggler Affordable Housing Conceptual PUD (SW) (cont. from 4/16) MAY 8 - BOCC REGULAR MEETING Lyons Property Rezoning, 1041, EDU & Subdivision Exemption, 1 st Reading (RM) Kamins Special Review & Code Amendment, 1st Reading (ES) Saslove Caretaker Unit (SW) Castle Creek Investors Extension of Vested Rights (ES) (cont. PH from 2/28) Fila Skly Marathon Temporary Use Permit (LC) BOCC RESOLUTIONS /ORDINANCES OUTSTANDING: Moore PUD /Subdivision Ord- 2/28/95 (TM) Kwiecienski - 1/24/96 (FK) Holy Cross - 3/13/96 (ES) Hidden Meadows - 3/27/96 (FK) Mohrman - 4/10/96 (FK) CITY P &Z RESOLUTIONS OUTSTANDING: Hernandez ADU- 2/6/96 (DM) 820 E. Cooper ADU- 2/6/96 (AA) PUBLIC NOTICE RE: BRADEN DUPLEX CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT AND STREAM MARGIN REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 7, 1996 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena, Aspen to consider an application submitted by Ralph Braden, Aspen, CO, requesting Stream Margin Review and Conditional Use Review approval for two approximately 336 square foot Accessory Dwelling Units to be attached to proposed duplex residences. The property is located at 926 E. Hopkins and is described as Lots Q & R Block 26, East Aspen Addition. For further information, contact Bob Nevins at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920 -5102. s/Sara Garton, Chair Planning and Zoning Commission s 14 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5090 FAX (970) 920 -5439 MEMORANDUM TO: City Engineer Parks Housing FROM: Bob Nevins, Planner RE: Braden Duplex Stream Margin Review and Conditional Use for ADU Parcel ID No. 2737 - 182 -01 -002 DATE: April 23, 1996 Attached for your review and comments is an application submitted by Ralph Braden. Please return your comments to me no later than April 29, 1996. Thank you. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920 -5090 FAX# (970) 920 -5439 April 23, 1996 Re: Braden Duplex Stream Margin Review and Conditional Use for ADU Case A30 -96 Dear Scott, 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, May 7, 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, Bob Nevins, at 920 -5102. Sincerely, Rhonda Harris Administrative Assistant kw1w Project: Arch. pi We Transmit: / Herewith _Under Seperate Cover _Per Your Request Via: --- m2il ✓ Messenger _Fax _Federal Express UPS The Following _Specifications .,Drawings _Addenda _Payment Application _Product Literature _Samples _Change Order Shop Drawing _ Other Copies: For Your: _Information _Record / Use _ Review _Approval Dist. to Parties Action Taken: _Approved _Reviewed _Revise & Resubmit _Make Corrections _Submit Specific Item _No Exceptions _Rejected Description: M ITTAL LETTER i III 210 E. HYMAN No 202 ASPEN COLORADO 81611 03.925.S968 'ACSIMILIE 03.925.5993 O. BOX 278 7 N. WILLOW Not TELLURIDE COLORADO 81435 Submitted by: 303.728.6607 FACSIMILIE 303.728.6658 Fro We Transmit: _ - k- - Herewith _Under Seperate Cover _Per Your Request Via: _Mail ✓ Messenger _Fax _Federal Express UPS The Following: _Specifications Drawings _Addenda _Payment Application _Product Literature _Samples _Change Order _Shop Drawing Other For Your: __Information — Record/ Use _Review _Approval Dist. to Parties Action taken: , _Approved _Reviewed _Revise & Resubmit _Make Corrections _Submit Specific Item _No Exceptions _Rejected L E T T E R F . r IN S hi�Y�'r � �� III Copies: Date: Description: 210 E. HYMAN No 202 ASPEN COLORADO Remarks: 81611 303.925.5968 FACSIMILIE 303.925.5993 Copies To: Submitted by: � �r7� P.O. BOX 278 (With encl.) 117 N. WILLOW Not TELLURIDE COLORADO 81435 303.728.6607 FACSIMILE 303.728.6658 U 1) Project Name 2) Project Location L-or S (J , M (indicate street address lot & block amber, legal description whets appropriate) I 3) Present Zoning / Z � 4) lot Size �OBD� 15 f - 5) Applicant Name, Address & bone # /'- l ,3Agt?F.V A S. 6 In . &/o d5_ N yllwv AY6 . A5,FT/ 9zo -12 6) laeprese ntative Name, Address & Phone # Cz✓ N - �f/1h �fJ /TEC�i'S � zio �� H y�, i g a Av. z� ,r/✓� . �lb�t 42 s - s�/o 7) Type of Application (please chwk.all that apply): Conditional Use Oral SPA Coneepbial Historic Dev. _ Spe Rwiew Final SPA Final Historic Dev. Minor Historic Dev. wlp 1,,._ aw�� -n . _ rat Split/Lat Line Adjustment g) Description of Existing Uses (nmber and type of existing stzvcblress; approximate sq. ft.; number of bedrooms; any previous approvals granted to the property). -S ,i. �M l g) Description of Development Application Ap.D 0�= AN 4 i2 ;rr)1,1.) 10) Hwtfe- you atta WT Fiesponse t o A ttadmen t Spec S W=Is s uzl Con Rasp t o A t t achimen t 4, R wuw S tan d ards f or • 1 APPL Y• •' ID Exhibit A April 8, 1996 DAVID GIBSON AIA AUGUST Aspen/Pitkin County Community Development Dept. RENO 130 South Galena ALA Aspen, Colorado 81611 SCOTT RE: Braden Duplex S AIA Conditional Use (A.D.U.) 926 E. Hopkins Aspen, Colorado We are submitting the enclosed application for the Conditional GIBSON' RENO Use of Accessory Dwelling Units (A.D.U.) in the residences A RCHITECT S, L. L. C, located at 926 E. Hopkins in Aspen, Colorado. III The following addresses Attachment 4, Item A -F of the Review 210 Standards for the development of a Conditional Use: E. 202 A. The current zoning of the property is RMF which allows ASPEN Accessory Dwelling Units as a Conditional Use of this COLORADO zone district. The Aspen Area Comprehensive Plan 81G11 encourages the provision of A.D.U.'s within residences 970.925.5968 to help supply housing within the Aspen area. FACSIMILE B. The Conditional Use is consistent and compatible with 970.925.5993 the character of the immediate vicinity. The surrounding area consists of several similar projects with existing A.D.U.'s. P.O. BOX 278 117 N. WILLOW C. Each of the two proposed duplex residences will have a N° 2 336 square foot studio A.D.U.(305SF net livable). The A.D.U.'s will be located at the main ground level of the TELLURIDE units at the street side with a separate exterior entry and co 81435 81435 porch. There is a provision for three (3) parking spaces (one per bedroom) for each duplex residence. The 970.728.6607 A.D.U. will have no adverse effects on the surrounding properties. FACSIMILE 970.728.6658 r Braden Duplex April 8, 1996 Aspen/Pitkin County Community Development Department Page 2 D. The Accessory Dwelling Unit is located within the City limits of Aspen and has access to all public facilities and services. E. As a requirement of Ordinance #1, replacement housing program, for a new residence in the RMF Zone District the applicant must provide an Accessory Dwelling Unit or pay a fee in lieu. These A.D.U.'s fulfill this requirement. F. The Conditional Use of the Accessory Dwelling Unit complies with all standards by the Aspen Area Comprehensive Plan and the requirements of Ordinance #1. This project was previously reviewed and approved by the Design Review Board and Staff as a special case situation under Ordinance 35. The project will share a common driveway with the existing building to the west to allow rear auto access for the Braden project. Thank you for your time in reviewing our request for Accessory Dwelling Units. Please contact me with any further questions regarding this application. Respectfully, Scott Srm , brdnadu.doc April 8, 1996 Aspen/Pitkin County Community Development Department DAVID GIBSON This application is for a Conditional Use of an Accessory Dwelling AIA Unit at 926 E. Hopkins. The legal description is Lots Q &R Block AUGUST 26, East Aspen Addition. RENO AIA FLOOR REA ATIO- Proposed: SCOTT SMITH AIA 1. Mid- ev .l a. Unit 1 = 642 b. Unit 2 = 642 1,284 SF C. A.D-U MID -LEVEL TOTAL Unit 1 = 336SF x 50% = 168 1284 SF Unit 2 = 336SF x 50% =168, f336_SF GIBBON RENO 336SF 1620 SF .ARC H IT E C T S. L.L.C. 2. 1 IPPER LEVEL III a. Unit 1 = 894 b. Unit 2 = 824 TOTAL 1,788 SF 210 E. 202 N" 202 3. BASEMENT ASPEN Total FAR = 128 SF COLORADO 81611 4. DECKS- 970.925.5968 Amount over 15% of Allowable F.A.R. (3600SF) = 48SF FACSIMILE 970.925.5993 5. ,ARA , .S- 441 SF of Actual proposed garage space is less than the 500SF non - F.A.R. allowable per Ordinance 35. e O. BOX 278 117 N. WILLOW 6. TOTALS: 1620 N° 2 1788 128 TELLURIDE - COLORADO 81435 3536 SF 970.728.6607 Allowable F.A.R. (RMF Zone w /6000SF lot) = 3600 SF (Duplex) FACSIMILE bradadu.doc 970.728.6658 APR 04 '96 10:11AM GIBSON & RENO r ti P.2 a. r April 3, 1996 Mr. Ralph Braden 610 E. Hyman Aspen, Colorado 81611 (970) 920 -1234 Aspen/Piddn Community Development Department 130 South Galena Street Aspen, CO. 81611 Please accept this letter as authorization for the firm of Gibson and Reno Architects, L.L.C., located at 210 E. Hyman, Suite 202, Aspen, Colorado 81611 (970) 925 -5968 to submit and process the Application for a Conditional Use of an Accessory Dwelling Unit (A.D.U.) on my behalf. Sincerely, Ralph Braden CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that RALPH L. BRADEN AND CHERYL S. BRADEN is the owner in fee simple of the following described property: LOTS Q AND R, BLOCK 26, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. Subject to encumbrances, easements and rights of way of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITK N COUNT T LE, INC. 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Hopkins Ave. AIA Aspen, Colorado We are submitting the following responses for Stream Margin Review per Section 26.68.040 of the Aspen Land Use Regulations: GIBSON 'RENO A R C tI I T i 'r S, L. L.C. A. The proposed development is not within the existing floodway (see accompanying surveys). B. The proposed development complies with the following 210 F I IYMAN standards: N° 202 1. The proposed development is not with in the ASrLN Special Flood Hazard Area. COLORADO 81o11 2,3. The proposed development is to be located on a bench above and back from the river (in the o 925s9ea location of an existing structure) and will not FACSIMILE impact any existing trails or easements. 970.925.5993 4. Vegetation will not be removed or damaged or slope grade changes made outside of the property line shown extending along the north P.O. nox 278 117 N. WILLOW side (river side). N ,. 2 5. The proposed development will not pollute or TELLU R1 DE interfere with the natural changes of the river. COLORADO 81435 6. The water course will not be altered or 970.728.6607 relocated. FACSIMILE 970.7286658 7,8. The proposed development is not within the floodway and would not diminish the flood carrying capacity. 9. No development is planned below the top of slope or within high waterline. Approved native vegetation will be used with in 15' of the top of the slope. 10 All development is outside the 15' setback from top of slope and does not exceed a height delineated by a line drawn at a 45- degree angle from ground level at top of slope. (See accompanying "Site Section" sketch). 11. No new planting is anticipated outside the designated building envelope (see accompanying sketch). 12. Exterior lighting will be shielded downward with no lighting directed towards the river or located down the slope. 13. Site Section: See accompanying "East Elevation" Site Section. 14. Not applicable for the development area. Thank you for reviewing our request for Stream Margin Review. Please contact me with any further questions. Respectfully, f &S� cc: Ralph Braden brdn411.doc