HomeMy WebLinkAboutcoa.lu.sm.113 Neal Ave Herron Park Pl.A05-94 1
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 01 26 94 PARCEL ID AND CASE NO.
DATE COMPLETE: AWE 2737 -073 00 -039 A05 -94
STAFF MEMBER: LL
PROJECT NAME: Herron Park Place 5 h c a 4 n n , i ( d . Lcae-.+, PLA.
Project Address: 113 eal St e.etAtt•
Legal Address:
APPLICANT: Jeffrey Shoaf
Applicant Address: Box 3123 Aspen, CO 816 2 925 - 4501/4513
REPRESENTATIVE: M d 1-0-i kr...
Representative Address /Phone:
Aspen, CO 81611
FEES: PLANNING $ 978 # APPS RECEIVED
ENGINEER $ 96 # PLATS RECEIVED
HOUSING $
ENV. HEALTH $
TOTAL $ 1074
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP:
P &Z Meeting DaterlO LI PUBLIC HEARING: OES5 NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
REFERRALS:
--37 City Attorney X Parks Dept. School District
City Engineer Bldg Inspector Rocky Mtn NatGas
c Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space Board
Envir.Hlth. ACSD Other
Zoning 1 Energy Center Other
DATE REFERRED: 1111 INITIALS: , DUE: 45
FINAL ROUTING: DATE ROUTED: 3�yl tt /sO
' /`
City Atty \ City Engineer Zoning Env. Health
7( Housing Open Space Other:'( h
FILE STATUS AND LOCATION:
CLI
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING
STREAM MARGIN AND CONDITIONAL USE APPROVAL FOR 113 NEAL AVENUE,
ASPEN, COLORADO
Resolution No. 94- .
WHEREAS, the applicant, Jeffrey Shoaf, submitted an
application for a stream margin review for the demolition and
reconstruction of a duplex adjacent to the Roaring Fork River and
conditional use review for an attached accessory dwelling unit; and
WHEREAS, pursuant to Section 24 -7 -504 of the Municipal Code,
development within 100 feet from the high water line of the Roaring
Fork River and its tributary streams, or within the one hundred
year floodplain is required to undergo Stream Margin Review; and
WHEREAS, pursuant to Section 24 -7 -304 of the Municipal Code,
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an accessory dwelling unit is a conditional use review requiring
a public hearing by the Planning and Zoning Commission; and
WHEREAS, the Aspen Planning and Zoning Commission held a
public hearing March 22, 1994; and
WHEREAS, the Commission reviewed the application for a stream
margin review and the construction of an attached, above grade
accessory dwelling unit of approximately 500 square feet; and
WHEREAS, the Planning staff reviewed the application and
recommended approval with amended conditions.
NOW, THEREFORE, BE IT RESOLVED by the Commission that it does
hereby grant stream margin approval and a conditional use approval
with the following conditions:
1. Prior to the issuance of any building permits:
a. the applicant shall, upon approval of the deed restriction by
c
Resolution No. 94 -_
Page 2
the Housing Authority, record the deed restriction with the Pitkin
County Clerk and Recorder's Office with proof of recordation to the
Planning Department. The deed restriction shall state that the
accessory unit 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.
b. the applicant shall submit the following items to be approved
by the Engineering Department:
i. a storm runoff plan prepared by an engineer
registered to practice in the State of Colorado
demonstrating that no additional storm runoff for the
100 -year runoff event shall be conveyed to the public
right -of -way by the development;
ii. an erosion control plan that indicates riparian
vegetation, top of the river bank and erosion protection
fencing;
iii. a letter from either the DOW or Army Corps of Engineers
indicating approval of the proposed development near the
riparian zone;
iv. a curb, gutter and sidewalk agreement; and
v. a development plan indicating on -site parking spaces.
c. floor plans of the ADU shall be submitted to APCHA for review
on net liveable calculations and kitchen appliances.
d. the zoning officer shall inspect erosion measures to ensure
they are in place.
e. the applicant shall submit a new roof plan to prevent snow
shedding onto the bridge.
2. 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.
3. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right -of -way.
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Resolution No. 94-
Page 3
4. The ADU shall be clearly identified as a separate dwelling unit
on building permit plans and shall comply with U.B.C. Chapter 35
sound attenuation requirements.
5. Prior to the issuance of a certificate of occupancy the
Planning Department shall inspect the unit to determine compliance
with the conditions of approval.
6. The Zoning Enforcement Officer shall periodically inspect the
site to determine compliance with erosion control measures.
APPROVED by the Commission at its regular meeting on March 22,
1994.
ASPEN PLANNING AND ZONING COMMISSION
B 1 l L 0
Bruce Cif
3f�m \Lc v\cC. -copq f2_
Date Signed `3 Z "C(
AT ST:
,J 604o
Jan Carney, DepuCity Clerk
Date Signed /91/99
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Senior Planner
RE: Herron Park Place Stream Margin Review and Conditional
Use Review - Public Hearing
DATE: March 22, 1994
SUMMARY: The applicant, Jeffrey Shoaf, proposes to demolish an
existing duplex home. The applicant proposes to provide an
attached, 100% above grade, accessory dwelling unit to comply with
the standards of Ordinance 1. The subject property is within 100
horizontal feet of the high water line of the Roaring Fork River,
therefore stream margin review is required for the demolition and
reconstruction of this house.
Staff recommends approval, with conditions, of the accessory
dwelling unit and the stream margin review.
APPLICANT: Jeffrey Shoaf
LOCATION: 113 Neal Avenue, City of Aspen
ZONING: R -15
APPLICANT'S REQUEST: Stream margin review and conditional use
review for the demolition and reconstruction of a duplex structure
with an attached accessory dwelling unit.
REFERRAL COMMENTS:
A. The Engineering Department has reviewed the application,
following is a summary of their comments, please see attached
referral comments.
1. Prior to the issuance of any building permits, the
development plan should show existing riparian vegetation, top
of bank, erosion protection and fencing. Riparian vegetation
shall be excluded from within the erosion fencing including
all root zones.
2. To ensure that there are no wetland violations the
applicant shall be required to refer this development
application to the Army Corps. of Engineers or the Colorado
Division of Wildlife (DOW). A letter must be provided by the
applicant from the DOW or the Corps. that the development
proposal has been approved.
3. No drainage from either demolition or construction of the
site may enter the Roaring Fork River. Construction plans
must clearly indicate a site drainage plan meeting this
requirement.
4. Although the City is proposing to install a sidewalk on
the opposite side of Neal Avenue, it has not been confirmed
that sidewalks on both sides of the street will not be
required. Sidewalk, curb, and gutters are required by the
Municipal Code prior to a certificate of occupancy. The
Engineering Department and the applicant will continue to work
on street improvements and will be expected to sign a
sidewalk, curb and gutter agreement.
5. The development plan, prior to the issuance of a building
permit, must indicate on -site parking for every free market
bedroom.
6. Storm water runoff must be contained on -site. Runoff
cannot enter the river, Neal Avenue, or Herron Park.
7. Any work in the public right -of -way shall require a permit
from the Streets Department and the applicant shall agree to
join any future improvement district for improvements in the
adjacent public right -of -way.
B. The Aspen /Pitkin County Housing Authority has reviewed the
application, following is a summary of their comments, please see
attached referral comments.
1. The ADU cannot be less than 300 square feet net liveable,
and must be deed restricted meeting the Housing Authority
guidelines. The kitchen must contain a minimum of a two -
burner stove with oven, a standard sink, and a 6 -cubic foot
refrigerator plus freezer.
2. Prior to the issuance of any building permits, the
applicant must submit actual floor plans of the proposed unit
and recorded Deed Restriction.
STAFF COMMENTS:
Project Description: The property contains an existing 2,400
square foot duplex structure. The property is adjacent to Herron
Park. The front of the property is a steep slope that flattens out
as it approaches the river.
The applicant proposes to demolish the duplex and build a new
duplex with an attached accessory dwelling unit. One free market
unit and the ADU will sit up on the slope and front onto Neal
Avenue. The second unit will be at the foot of the slope extending
toward the river.
The accessory dwelling unit is proposed to be 100% above grade and
approximately 500 square feet.
t)
Although the property does not extend to the high water line, the
100 year flood plane is slightly within the applicant's property
and the proposed development is within 100 feet of the high water
line of the Roaring Fork River.
Applicable Review
A. Stream Margin: Pursuant to Section 7 -504 C., 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 its
tributary streams, or within the one hundred year floodplain.
The applicable review standards are as follows:
1. It can be demonstrated that any proposed development which is
in the Special Flood Hazard Area will not increase the base flood
elevation on the parcel proposed for development. This shall be
demonstrated by an engineering study prepared by a professional
engineer registered to practice in the State of Colorado which
shows that the base flood elevation will not be raised, including,
but not limited to, proposing mitigation techniques on or off -site
which compensate for any base flood elevation increase caused by
the development.
RESPONSE: The project will not affect the existing 100 year
floodplain or floodway.
2. Any trail on the parcel designated on the Aspen Area
Comprehensive Plan: Parks /Recreation /Open Space /Trails Plan map is
dedicated for public use.
RESPONSE: A 20' pedestrian easement already exists on the river
bank.
3. The recommendations of the Roaring Fork Greenway Plan are
implemented in the proposed plan for development, to the greatest
extent practicable.
RESPONSE: This project will not encroach into the riparian area
of the bank of the river. However, as a precaution, staff
recommends that the applicant submit the development proposal to
the DOW or Corps. to confirm that proposed development will not
negatively impact the river environs.
4. No vegetation is removed or slope grade changes made that
produce erosion and sedimentation of the stream bank.
RESPONSE: According to the application, no vegetation removal or
slope grade changes are being made that will produce erosion or
sedimentation problems. The applicant commits to install a
protective barrier between the river /riverbank and the
excavation /construction work. The applicant proposes to use a 3'
high plastic mesh fence within the 20' rear yard setback.
CD
The applicant has identified a building envelop based upon the
required setbacks of the property. Fortunately, the 100 year flood
plain just encroaches over the property line and the applicant's
property line is a little over 5' feet from the high water line.
Therefore, there is approximately 25' from the high water line and
the rear yard setback line. Thus staff feels comfortable in using
the required setbacks for this property as the "building envelope"
that will contain all excavation and construction activity. No
excavation and construction activity or human made structures may
be built or placed outside of this building envelope without
further stream margin review.
A tree removal permit shall be reviewed for the removal or
relocation of any tree greater than 6" in caliper. The applicant
shall submit to the Engineering Department the erosion mitigation
plan prior to the issuance of any building permits and the Zoning
Enforcement Officer shall monitor the erosion controls and their
effect during the time of excavation and construction.
5. To the greatest extent practicable, the proposed development
reduces pollution and interference with the natural changes of the
river, stream or other tributary.
RESPONSE: No site drainage may enter the river, Neal Avenue or
Herron Park. The applicant shall review an on -site drainage plan
with the Engineering Department prior to the issuance of any
building permits.
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: There will be no alteration or relocation of a water
course.
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 one hundred (100) year floodplain.
RESPONSE: Staff recommends that the DOW or the Corps. review this
proposal and the applicant submit a letter from either body
approving this proposal.
B. Conditional Use Review - Pursuant to Section 7 -304 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
proposed to be located; and
RESPONSE: The proposed accessory dwelling unit is an above grade
unit. The size of the unit is approximately 500 square feet.
Because the unit is 100% above grade the applicant is eligible for
a floor area bonus up to 250 square feet or 50% of the unit which
ever is less. The net liveable calculations shall be verified by
the Housing Authority. The unit must comply with the Housing
Guidelines and the requirements of Ordinance 1 and shall be deed
restricted as a resident occupied unit for residents of Pitkin
County.
The provision of an accessory dwelling unit is consistent with the
City's policy to encourage voluntary development of affordable
housing in all neighborhoods. Although the Commission and staff
have expressed concerns as to the actual use of ADUs, code changes
have not been implemented at this point. Additionally, staff has
expressed more of a concern with regard to 100% below grade
dwelling units. Staff has also been dismayed at the marginal
kitchen facilities provided in some ADUs. Toward that end, the
Housing Authority has established guidelines for kitchens that
require standard appliances and move away from wet -bar type
kitchens.
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; and
RESPONSE: The surrounding neighborhood is entirely residential
with a mixture of single family and duplex units. The adjacent
property is Herron Park. The accessory dwelling unit is attached
to the proposed duplex and will not be discernable as a seperate
dwelling unit. According to the applicant, the eastern elevation
as seen from Neal Avenue, is a low, broken profile. Mr. Shoaf has
considered his residential neighbors, to the north and across Neal
Avenue, and their views in designing this structure. In addition,
the majority of one of the free market units and the ADU front onto
Neal Avenue and the second unit is set back on the northern
sideyard setback creating a large yard space between the new
development and Herron Park.
The applicant has also committed to pursue a second sidewalk on the
west side of Neal Avenue if a walkway is eventually planned for
both sides of Neal Avenue as per the Pedestrian Plan. The
applicant has also extensively researched and gathered bids for
undergrounding all electric, telephone, and cable T.V. lines from
the Neal and King Street intersection down the hill to the bridge.
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; and
RESPONSE: The attached accessory dwelling unit is accessed off of
Neal Avenue. A parking space per bedroom shall be provided for the
free market units however a parking space for the ADU is not
planned. The site plan indicates a central courtyard off of Neal
Avenue that could accommodate cars, plus there are two garages.
With this amount of off - street parking staff does not believe there
is a potential parking problem and would not recommend the
provision of a parking space for the ADU.
The applicant commits to complying with the UBC's sound attenuation
standards for the ADU.
In a recent land use review for another project, the surrounding
neighborhood expressed concern with increased density and large
home sizes. Because the applicant proposes an above grade ADU the
property is subject to a floor area bonus which would be
approximately 250 square feet. However, the applicant submits in
his application that the unit is designed in a quality manner for
a future employee of the property owner or as a unit for other
employees of Pitkin County. Staff would not encourage locating the
ADU below grade to reduce the total floor area of this home.
However, because of the flexibility of the occupancy requirements
(or non - occupancy requirements), the Commission may want to
consider a reduction in the size of the ADU which would reduce the
structure's overall floor area.
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; and
RESPONSE: A duplex currently occupies the site. A drainage plan
must be reviewed and approved by the Engineering Department to
ensure that all drainage is retained on -site. The applicant has
committed to working with the City to install, if needed, a
sidewalk and staff recommends the applicant enter into a curb,
gutter, sidewalk agreement with the City for future street
improvements.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use; and
RESPONSE: The proposal includes an accessory dwelling unit to
potentially house employees of Pitkin County. An increase in
employees is not expected by the provision of an accessory dwelling
unit.
41
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 conditional use meets the requirements of the Aspen
Area Community Plan and other requirements of this chapter by
attempting to integrate a community housing need into the
redevelopment of the property.
RECOMMENDATION: Staff recommends approval of the stream margin
review and conditional use review for an accessory dwelling unit
with the following conditions:
1. Prior to the issuance of any building permits:
a. the applicant shall, upon approval of the deed restriction by
the Housing Authority, record the deed restriction with the Pitkin
County Clerk and Recorder's Office with proof of recordation to the
Planning Department. The deed restriction shall state that the
accessory unit 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.
b. the applicant shall submit the following items to be approved
by the Engineering Department:
i. a storm runoff plan prepared by an engineer
registered to practice in the State of Colorado
demonstrating that no additional storm runoff for the
100 -year runoff event shall be conveyed to the public
right -of -way by the development;
ii. an erosion control plan that indicates riparian
vegetation, top of the river bank and erosion protection
fencing;
iii. a letter from either the DOW or Army Corps of Engineers
indicating approval of the proposed development near the
riparian zone;
iv. a curb, gutter and sidewalk agreement; and
v. a development plan indicating on -site parking spaces.
c. floor plans of the ADU shall be submitted to APCHA for review
on net liveable calculations and kitchen app 1
2. All material representations made by the applicant in the u('
application and during public meetings with the Planning and Zoning c
Commission shall be adhered to and considered conditions of f
approval, unless otherwise amended by other conditions. ,
3. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructin
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improvements in the public right -of -way.
4. The ADU shall be clearly identified as a separate dwelling unit
on building permit plans and shall comply with U.B.C. Chapter 35
sound attenuation requirements.
5. Prior to the issuance of a certificate of occupancy the
Planning Department shall inspect the unit to determine compliance
with the conditions of approval.
6. The Zoning Enforcement Officer shall periodically inspect the
site to determine compliance with erosion control measures.
RECOMMENDED MOTION: "I move to approve the conditional use review
for the attached accessory dwelling unit and the stream margin
review for 113 Neal Avenue with the conditions outlined in Planning
Office memo dated March 22, 1994."
EXHIBITS:
A. Referral Comments
B. Site Plans
COl
EXHIBIT A
MEMORANDUM
FEB 'L 3
TO: Leslie Lamont, Planning Office
FROM: Cindy Christensen, Housing Office
DATE: February 22, 1994
RE: Herron Park Place Review for an Accessory Dwelling Unit
Parcel ID No. 2737 - 073 -00 -039
The applicant has not submitted enough information for a thorough
review of this request. If the applicant's accessory dwelling unit
is within the following conditions, the Housing Office will approve
this request. The proposed attached accessory dwelling unit must
abide by Chapter 24, Section 5 -510, of the City of Aspen Municipal
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. Owners of the principal residence
shall have the right to place a qualified employee or employees of his or her choosing in the
accessory dwelling unit.
The floor area requirement is for net liveable square feet as
defined by the Housing Office below:
Net Liveable Square Footage is calculated on interior Irving area and is measured interior wall to
interior wall, including all interior partitions including, but not limited to, habitable basements and
interior storage areas, closets and laundry area. Exclusions include, but are not limited to,
uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (either attached or
detached), patios, decks and porches.
The kitchen must also be built to the following specifications:
Kitchen must contain a minimum of a two - burner stove with oven, standard sink, and a 6 -cubic foot
refrigerator plus freezer.
The unit must also have a separate entrance, must not house the
mechanical room for the principal residence, in other words, the
accessory dwelling unit must be a completely private unit.
Before the applicant can receive building permit approval, he must
provide to the Housing Office actual floor plans of the proposed
accessory dwelling unit containing net liveable square footage, and
a signed and recorded Deed Restriction, which can be obtained from
the Housing Office. The Housing Office must have the recorded book
and page number prior to building permit approval.
\word \referral \herron.adu
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MEMORANDUM
To: Leslie Lamont, Planning Office
Thru: Robert Gish, Public Works Director
From: Chuck Roth, Engineering Department
Date: February 16, 1994
Re: Herron Park Place Stream Margin and Conditional Use Reviews
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
STREAM MARGIN REVIEW
1. At the Last meeting of P & Z, the commission expressed an interest in providing a
condition of approval on stream margin reviews that the Zoning Enforcement Officer will
perform periodic inspections during construction to ensure that stream margin conditions
of approval are being met. I also suggest that a condition of approval be that the stream
margin review standards 1 through 8 on pages 1704 -1705 of the Municipal Code together
with the specific conditions of approval for the project be required to be contained on the
face of the construction drawings as general notes. This should not be a burden since the
information can easily be xeroxed onto "sticky back" and applied to mylars for blueprinting
with the construction drawings.
2. Development Plan - As indicated in the application, no development is proposed within
the 100 year floodplain. In conjunction with implementing the Roaring Fork Greenway
Plan, we recommend that a condition of approval be for the building permit application
development plan to show the existing riparian vegetation and indicate that there will be
no disturbance of that vegetation. The plan should also indicate and label the top of the
bank. The erosion protection and construction fencing should be installed at a pre-
determined distance from the top of the bank which excludes all the riparian vegetation
and root zones.
3. Fisherman's Easement - There is not a requirement for applicants to provide
fisherman's easements for Stream Margin Reviews, but the application indicates a
willingness to do so for their land in the Roaring Fork River and on the shore for a
distance of five feet from the high water line. This if for the use of fishermen fishing up
and down the river only, and not for access through private property to the river. We will
provide a fisherman's easement form to the applicant together with a copy of this memo.
4. Wetlands - It is my understanding that staff is in agreement that all stream margin
review applications should be referred to the Army Corps of Engineers, and /or the
Colorado Division of Wildlife. Therefore there should be a condition of approval that the
applicant must provide a letter from the Army Corps of Engineers, and /or the Colorado
Division of Wildlife, that accepts the applicant's development proposal.
5. Site drainage - No site drainage either during construction or after construction may
be conveyed to the Roaring Fork River. The construction plans must clearly indicate a
site drainage plan meeting this requirement.
CONDITIONAL USE REVIEW
6. Sidewalk - The Neale Avenue Sidewalk will be constructed this summer. The
preliminary location is across the street from the applicant's property. The Municipal
Code (Section 19 -98) requires that sidewalk, curb and gutter be constructed prior to
issuance of a certificate of occupancy or that the property owner enter into an agreement
to construct the improvements in the future. Please consult the Pedestrian Walkway and
Bikeway System Plan staff representative of the Neighborhood Advisory Committee for
comments regarding the implementation of the "Ped Plan" for this project. Since the Ped
Plan is a guideline, staff and the Commission may want to discuss the site specific situation
of having a sidewalk on one or both sides of Neale Avenue.
The Ped Plan indicates Neale Avenue as being a primary pedestrian corridor which
would require sidewalk on both sides of the street. The right -of -way along the applicant's
property is narrow and varies from 37' to 44'. The City is unable to require dedication
of right -of -way for stream margin or conditional use approvals, however review standard
of conditional use applies - the adequacy of public facilities. We would like to at least
take this opportunity to request, not require, that the applicant dedicate additional right -
of -way for Neale Avenue, or an easement on his property for the sidewalk. I have
discussed this with the applicant, and it appears that we may be able to obtain such an
easement.
Please note that the site conditions at the applicant's property make construction of
a sidewalk difficult. One consideration for requiring a sidewalk to be constructed prior
to C.O. is that the entire site would be designed and constructed at one time. The West
Hopkins Housing project resulted in a site design along the Hopkins frontage where it will
be very difficult to install a sidewalk at a later date. It would be preferable to have the
site designed and constructed with the sidewalk all at one time.
7. On -site Parking - The final development plan must clearly indicate parking spaces, one
per bedroom.
10*
8. Site drainage - The site slopes away from Neale Avenue. Site drainage must be
maintained which transmits no runoff to Neale Avenue. This is a conditional use review
standard concerning adequate public facilities. The City does not possess adequate storm
runoff facilities, and this project will benefit future compliance with the Clean Water Act
by maintaining storm runoff on site.
9. Trash Storage Areas - All trash storage areas should be indicated as trash and recycle
areas. Any trash and recycle areas that include utility meters or other utility facilities must
provide that such facilities not be blocked by trash and recycle containers.
10. Project Name - Section 24- 7- 1004.D.1.a(3)(a) states that the name of a proposed
subdivision "shall not be the same or similar to any name used on a recorded plat...."
There is currently a plat on record titled "Herron Apartment Condominiums." I do not
necessarily recommend against accepting the name "Herron Park Place," however you may
wish to consider the name. This of course does not apply to the application name of a
stream margin review, however it is my understanding that the applicant may be applying
at a later date to condominiumize the duplex.
11. Given the continuous problems of unapproved work and development in public rights -
of -way, we advise the applicant as follows:
The applicant shall consult city engineering (920 -5080) for design
considerations of development within public rights -of -way, parks department
(920 -5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights -of -way from city streets
department (920 - 5130).
12. The applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing improvements in the public right -of -way.
cc: Cris Caruso, Jeffrey Shoaf
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EXHIBIT B
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�� ASPEN REALTY EXCHANGE. INC.
�`�/ SASE E. LA 81611
[IA 5254513
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E NT of DEPARTMENT OF THE ARMY
fi s --
?\\ U.S. ARMY ENGINEER DISTRICT, SACRAMENTO
m CORPS OF ENGINEERS
1325J STREET
SACRAMENTO, CALIFORNIA 95814-2922
° �� REPLY TO
rr 41,• - ATTENTION OF I
May 3, 1994
Regulatory section fAYy
Mr. Jeffrey Shoaf
RE /MAX Aspen Snowmass
730 East Copper Avenue, Suite 202
Aspen, Colorado 81611
Dear Mr. Shoaf:
I am writing to you regarding your request for a
jurisdiction determination for a property known as 113 Neal
Avenue within the City of Aspen, Pitkin County, Colorado. The
portion of this property you wish to develop is adjacent to the
Roaring Fork River.
Based on a site inspection by Mr. Michael Claffey of this
office on March 30, 1994, we have determined that the proposed
development on this property will not require a Department of the
Army permit under Section 404 of the Clean Water Act. This
determination is based on the building envelope staked in the
during Mr. Claffey's site inspection and the setback from the
river required by the City of Aspen. The portion of the property
where development will occur is not a Federally regulated
wetland.
This determination is valid for two years from the date of
this letter and is based on information supplied by you. If that
information proves to be false or inaccurate we will adjust our
determination accordingly. If you have any further questions,
contact Mr. Michael Claffey at 303 (243- 1199).
I er ,
*.y L. McNure
C ief, Western Colorado Regulatory
• 'ce
402 Rood Avenue, Room 142
Grand Junction, Colorado 81501 -2563
Copy Furnished:
_ City of Aspen, Aspen /Pitkin Planning Office, 130 South Galena
Street, Aspen, Colorado 81611
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_ LAND USE O 'PION r , 0 L
.,/,
■ 0Y a ProJcc- Name � ? , ( � �-, � ,♦
Project Location ff11 i _ a
t addres d -
s, lot & •block number, legal • - iption wh f -
(indicate street
appropriate) ( ( DC q) • Siz �--
3) Pent Zoning le ,
& Phone # ,, k ■ • I i
5 ) Applicant's Name, Fx..i I 4
,� Z �t
6 ) Representative's Name, Address & Phone # WalAIWII i's 11 3
7) Type of Applira on (pleaca check all that apply):
/�
j ��U Conceptual SPA Conceptual Historic Dev-
�/ r l k "�_ Corditio Use
Special Review _ Final SPA
Final Historic Dev-
`�// II040 creenline __ �i�oept'ial AID Historic Htoric Derv. 7�. Stream Margin Final PJD — Historic Demolition
Moumtain.View Plane
Subdivision __ Historic Designation
Conlrxniniumization
Text/Map Amendment — G3 Allotment
_ IntSplit /Lot Line
AdjUSt aunt of existing f structur
8) Description o f Existing Uses (number and type ro granted to
approximate sq- ft
number of bedrooms; any previous app
i PrOPer . '2, " 0 ►,-k - J lc& ' bztik
1
I , Description of Dyvelopment ••lication ,
( 4
'I 10) Have you attached the following?
I to Attachment 2, Minimum Submission Contents
l CS to Attachment ent 3, Spec Specific SuterSSSubmission for Your Application Response 1 5 Response to Attachment 4, Review Standards
Section 24 -7 -304 Conditional Use Review
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 proposed to be
located;
Response: The proposed dwelling unit has the potential to house local
employees, which is in compliance with the Aspen Area Community Plan
and the underlying zone district.
All of the proposed ADU unit is quality, above grade square footage
that represents a desirable 500 square foot + - living area (66% larger
than the minimum) for any number of possible employee housing scenarios
from house sitter, child care giver and live in help to any other Aspen area
employee situation.
I am a long time supporter of employee housing having previously
owned and lived in Smuggler Trailer Park and the Midland Park employee
housing project during my 22 years in Aspen. In my professional capacity
as a realtor I have had numerous contacts with the Housing Office and
Housing Board members attempting to create additional employee housing
with various Aspen properties I've been involved with. The proposed ADU
unit is also consistent with my personal philosophy regarding the benefits
of providing employee housing.
11. The conditional use is consistent and compatable 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 ADU unit will not be visible as a distinct unit from the
exterior of the residence and the Eastern elevation presents a very
pleasant, low, broken profile from Neal Ave. (Please see attached Eastern
elevation).
My neighborhood improvement plans in conjunction with my property
development include the following:
A. Sidewalk: The Neal Avenue sidewalk will be constructed this
summer across the street from the applicant's property.
Applicant has indicated to staff a willingness to pursue the
possibilities of incorporating an additional sidewalk on the
applicant's side of Neal Ave. as well as per the "Ped Plan."
B. Utility Undergroundinq: The applicant has extensively
researched and gathered bids on the costs and feasibility of
undergrounding all electric, telephone, and cable T.V. lines
from the Neal Ave. /King St. intersection and going downhill
along Neal Ave. to Herron Park and then East on Queen St. past
the Braden property. Most neighbors have indicated a
willingness to participate financially in this endevour at a
cost of several thousand dollars each. This will be a
neighborhood decision, but the effort has been spearheaded by
applicant Shoaf, to the benefit of the entire neighborhood.
Of all the neighbors that the applicant had to notify within the 300
foot radius for this hearing 36 were condo owners 7 were duplex /half
duplex owners and 8 were single family home owners. We feel this
indicates a consistent and co mpatable use with the neighborhood as far as
the ADU conditional use is concerned.
111. 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; and
Responce: The accessory dwelling unit will be completely contained
within the proposed residence. Parking spaces will be indicated on the
site plan. The final development plan must indicate the appropriate
number of parking spaces for the development. However, no parking is
required to be provided for the accessory dwelling unit.
As per past P &Z concerns, a recommended condition of approval requires
that the unit be identified on building permit plans as a separate dwelling
unit requiring compliance with U.B.C. Chapter 35 for sound attenuation.
The ADU unit has been located within the project in such a fashion as to
have a minimal affect on neighboring Herron Park, as it is sited as far
from the park as possible within allowable set backs. In consideration of
adjacent neighbors Ken and Jane Owen, and Henry and Lana Trettin. The
ADU has been sited in such a fashion as to minimize any negative impact
on the view planes from their houses.
ATTACHMENT 2
Minimum Submission Contents for All Development Applications
All Development Applications shall include, at a minimum,
the following information and materials.
,4 1. //// The applicant's name, address and telephone
number, contained within a letter signed by the
� applicant stating the name, address, and telephone
number of the representative authorized to act on
k w pw\ behalf of the et-C A a c
2. The street address and legal description of the
parcel on which the development is proposed to
occur. 4QS
3. A disclosure of ownership of the parcel on which
the development is proposed to occur, consisting
of a current certificate from a title insurance
company, or attorney licensed to practice in the
State of Colorado, listing the names of all owners
of the property, and all mortgages, judgments,
liens, easements, contracts and agreements
affecting the parcel, and demonstrating the
owner's right to apply for the Development
Application. A,12 j
An 8 1 /2 "x 11" vicinity map locating the subject
parcel within the City of Aspen. lILs
5. An explanation of why the proposed development •
complies with the substantive development review
standards relevant to the Development App ication.
cAAA.6 Ltc&
, t e , N t i 6n a e-M: u t a� eC c a 2.��
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91 i f 1 ATTACHMENT 2
Minimum Submission Contents for All Development Applications
•
All Development Applications shall include, at a minimum,
the following information and materials.
1. The applicant's name, address and telephone
number, contained within a letter signed by the
applicant stating the name, address, and telephone
number of the representative authorized to act on
behalf of the applicant.
2. The street address and legal description of the
parcel on which the development is proposed to
occur.
3. A disclosure of ownership of the parcel on which
the development is proposed to occur, consisting
• of a current certificate from a title insurance
company, or attorney licensed to practice in the
State of Colorado, listing the names of all owners
of the property, and all mortgages, judgments,
liens, easements, contracts and agreements
affecting the parcel, and demonstrating the
owner's right to apply for the Development
Application.
4. An 8 1/2" x 11" vicinity map locating the subject
parcel within the City of Aspen.
5. A written description of the proposal and an
explanation in written, graphic or model form of
how the proposed development complies with the
review standards relevant to the Development
Application.
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ATTACHMENT 3
Specific Submission Contents: Development Application
for Conditional Use
The Development Application for.a use shall
include the following.
�_ Ah A sketch plan of the site showing existing and proposed
(f �tk I features which are relevant to the review of the
conditional use application; and
t 7
44 If the application involves development of a new
n structure cc expansion or exterior remodeling of an
r existing structure, proposed elevat'ons of the struc-
ture. ��
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L.S. 555 ASPEN, E. DURANT
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ASPEN /PITKIN PLANNING OFFICE
Agreement for Payment of City of Aspen Developmen Application Fees
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has su mitted to C � apj a ' • �V• r
y
(hereinafter, THE PROJECT). 4 MeAV IP ko
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 77 (Series of 1992) establishes a fee structure for Planning Office applications
and the payment of all processing fees is a condition precedent to a determination
of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and /or City Council to enable the Planning Commission
and /or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
. � 1' 414.10, i J
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 $
which is for hours of Planning Office 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.
CITY OF ASPEN APPLICANT
By3 _ 1 W1R By. w t ar iw
Diane Moore Mailing • ddr !. %.
City Planning Director
Date: ` ( �y
2
_______........ .. . . ._.... ---...- .. --...- .... - .....- ........,-.„...... . ...
... ;
RE/MAX Aspen * Snowmass
555 E. Durant Ave., Aspen, CO 81611
(Next to the Gondola)
Jeff Shoat (303) 925-4513
....11 JEFFREY s: -(1..:2 INT. )
PAIii , MARGAILEI P. --- ( I
116 NEALE: AVENUE
OEPEN, CO elAE.2
00011:$ NEALE AVE:
T.Y. HETES & BOUNDS
A IPAE: oI LAND SITUATED IN
HELlION 1-10-04, WHET OE THE
ATIL PPINDIFAL MEEIDIANn sEiNu
o EHRT ;.E:: THE E(26T ASPEN ADDITION
TENNSIIP. BEINS HILLY f..1 sy
;(.:EC AHD BOUNDS, LuE: oELISPENUE
i f),..5B orlon Err DE:3l.Pi:::Y1i1L1 SEE DEED
DocE 594 EAGE 8b2 EITKIN COUNTY
RECORDS.
P167 D594 PEADI:162 DOC DATE106/15/e9 DOU Hil.....1 WD SALES PPILL:
EIL• OiA EGr..0218 DLL: fl1TErOM/07./5'3 ):O: IYPE.:. WD SALES PRICE
ADTACENT YU ONG LNERLCODS
HERoN IN46:... EXEJUTE.E.
SINGLE FAO, RES. - LAND ASTI SONEDO ABD: 64:AD W.
SINGLE FAH 1 NPEO2TT1 ACM 1'''r'190 ASIP: ±21560 OL:
TOTAL vnLuE W85,030
YEAR BUILL 68 AD1PEU ILO's BuTL.T TB
A9E295E2 01/GI f':: I.SEI 2H2 102 Acq/.:o/c.T
Torn 1!:C3f.7
Min Crr.!ntJ 1 ,:c9
8 500 E. tii341:.Virce
Aspon,Oolor.69 31311
oeci) 9205160
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Insurance &oration
NATIONAL HEAOQUARTERS
RICHMCND, VIRGINIA
EXHIBIT "A"
LEGAL DESCRIPTION
h Tract of Land in Section 7, Township 10 South, Range 84 West of the
6th Principal Meridian being a part of the East Aspen Addition Townsitl
More particularly described as follows:
•
Beginning at a point being 353.76 feet South 06 °41'20" East from Coyne.
26, East Aspen ToWn$ite, a 1954 Bureau of Land Management brass Cap,
and 416,60 feet North 17 °54'30" West from the South Quarter Corner of
Section 7, Township 10 South, Range 64 Wcot of the 6th Principal
Meridian (1954 Brass Cap) on the Westerly line of property described i
Book 199 at Page 359, of the Pitkin County Records; '
thence North 53 °14' West 152.59 feet;
thence South 55 °37' West 105.42 feet to the East boundary of Herron
Park;
thence along the Easterly boundary of Herron Park on the following
three (3) courses:
South 62 °20' East 101.07 feet;
thence South 13 °37'30" West 128.26 feet;
thence South 44 °27 East 24.23 feet to the Northwesterly rig:.t of wav
line of Neal Avenue:
thence North 40 °14'45" East 205.82 feet along the Northwcterly right
of way line of Ncal.Averae to the Point of Beginning.
• COUNTY OF PITKIN,
STATE OF COLORADO
&AI
FiEliulAX Aspen � Spo�rrt >w -:s
555 E. Durant Ave., Aspen, GO 81611
(Next to the Gondola)
Jeff Sheaf (303) 925 -4513 ,, trUi
i�
►.
_ .- •- ..a'... _ : _ a, errs .:,- '...... i -'_ ;� 1�..._.. l:a:...».' •?!»1]A:".�ii11 ==1:
u l'
PUBLIC NOTICE
RE: HERRON PARK PLACE 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, March 1, 1993 at a meeting to begin at 4:30 pm before the
Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City
Hall, 130 S. Galena, Aspen to consider an application submitted by
Margaret Paul, 2531 Sawtelle Blvd., #42, Los Angeles, CA and
Jeffrey Shoaf, 555 E. Durant Ave., Aspen, CO requesting approval
of a Conditional Use Review for an approximately 500 square foot
accessory dwelling unit in a proposed new residence, and Stream
Margin review. The property is located at 113 Neal St.; a metes
and bounds parcel in the East Aspen Addition, in Township 10 South,
Range 84 West of the 6th P.M., Section 7. For further information,
contact Leslie Lamont at the Aspen /Pitkin Planning Office, 130 S.
Galena St., Aspen, CO 920 -5101.
s /Bruce Kerr, Chairman
Planning and Zoning Commission
•
Th
4 sir
JAM 2B '94 03:31 PM Morgoret Poul 310 390 1903 Poge 1
S Inner Bond
..
Educational Technologies
Resolution Through Personal Integrity
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•
Margaret Paul, Ph.D.
2531 Sawtelle Blvd. 442. Los Angeles, CA 90064 •
Telephone 310 - 390.5993 • Facsimile 310.390.1903