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HomeMy WebLinkAboutcoa.lu.sm.Owen Lot 1 Shoaf.1983 MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Owen Subdivision Exception Date: April 11, 1983 APPROVED AS TO FORM: d 4„_i Zoning: R -1S ill Location: Shoaff's Waterfall Subdivision, Lot 1 (Neale Street above Herron Park) Appliant's Request: On January 4, 1983, approval was given by the Planning and Zoning Commission for a stream margin review on this property with the following conditions. The applicant is now requesting a subdivision exception to enable him to add the conditions of the stream margin review to a recorded plat as an amendment. In order to file the amended plat, Council must review the request through the sub- division exception process, outlined in Section 20 -19 of the Code. The first step in the process is review by the Planning and Zoning Commission, which occurred on March 22, 1983, and a recommendation for approval was forwarded. The Code does not permit changes to be made to a recorded plat without this review process. Since the changes to be• made on the plat have been required by an earlier one -step review, we recommend that you approve them ex- peditiously. Specifically, they are as follows: 1. Provision of a roadway and construction easement for the future widening of Neale Street. 2. Language added to the plat that the applicant agrees to join a special improvement district in the event one is formed. 3. Placement of a building envelope which reflects the location approved through the Stream Margin Review process. Council Action: The appropriate motion is as follows: "I move to grant subdivision exception for the purpose of amending the Owen Subdivision Plat, to reflect the conditions of the prior Stream Margin Review by the Planning and Zoning Commission subject to: 1. Approval of the Final Plat form by the City Engineering Department prior to recordation. 2. Approval of the plat language by the City Attorney's office prior to recordation." C D MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Owens Stream Margin Review DATE: January 4, 1983 Location: Lot 1, Shoaf's Waterfall Subdivision (Neal Street above Herron Park). Zoning: R -15. Applicant's Request: The applicant is requesting special approval to construct a single family residence within 100 feet of the high water line of the Roaring Fork River. Referral Comments: Engineering Department Having reviewed the above application and having made a site inspection, the Engineering Department has the following comments: 1. The applicant should be required to dedicate the trail easement shown to public use. 2. All construction should be undertaken in a manner so as to create the least disturbance to the flood zone. Planning Office Review: Section 24 -6.3 of the Municipal Code sets review criteria for stream margin reviews, which are required for all land and air space within 100 feet of the high water line of the Roaring Fork River. The six criteria are as follows: 1. No building shall be located so as to be within a flood hazard area designated by the U. S. Corps of Engineers Flood Plain Report for the Roaring Fork River. 2. In the event there is a trail designated by an approved trail plan within the development site, such trail shall be dedicated for public use. 3. All attempts should be made to implement the recommendations of the Roaring Fork Greenway Plan prepared by the Roaring Fork Greenway Committee. 4. Vegetation shall not be removed nor any slope grade changes made that may produce erosion of the stream bank. 5. There shall be permitted no changes to the stream channel or its capacity, and no activity shall be allowed which will increase stream sedimentation and suspension loads. 6. All efforts must be made to reduce stream pollution and interference with the natural changes of the stream, and to enhance the value of the stream as an important natural feature. The location of the house is not in a designated flood hazard area, nor will it interfere with the Roaring Fork Greenway. A condition of approval will be the dedication of the trail for public use. The design of the structure makes use of the grade changes that the site offers and does not propose changes in grade which could affect the stream bank through erosion. The house site is further separated from the bank of the stream by a group of boulders surrounded by a stand of cottonwoods. Memo: Owens Stream Margin Review Page Two January 4, 1983 Attached is a copy of the assessment of existing vegetation, which is described as being in "great abundance" and being retained to a large degree on the site. In fact, all of the existing cottonwoods are being retained. The stream channel is not being tampered with in this plan. A small drainage stream exists on the north side of the proposed house which disburses at the flood plain line and makes the lower section of the property swampy. This proposal includes a rock rein- forcement of this drainage stream bank to return the water to its original bed, which will enhance the property and should be of minimal impact to the stream. The most important fact to note in this application is that although it appears that the deck encroaches in the flood plain, there are no structural members of the house physically within the floodplain. The deck actually is off the living room at the second level. The support columns will be located out of the flood plain also. The lower level of the house is at least 10 feet from the boundary of the floodplain at all points. In anticipation of the likely expansion of Neal Street, the applicant has designed the house so that the additional 10 feet necessary for a wider right -of -way can be accommodated. The garage and greenhouse are at the back of the house and the living area is oriented toward the river. In a situation like this, the applicant had to deal with the road widening and the floodplain of the river and has designed the house with evidence of considerable research and sensitive thought. Planning Office Recommendation: The Planning Office recommends approval of the stream margin review as presented for the Owen residence on Lot 1 of Shoaf's Waterfall Subdivision with the following conditions: 1. Dedication of the trail easement to public use. 2. Construction undertaken with efforts made to minimize floodzone disturbance. IO , \ \o }' � � . i 3. Dedication of an easement for the necessary additional area to widen Neal Street and acceptance of same by the City Attorney. . i 5 , 1 1, 2- � < < El 1(� - I " Y :1.) , `G 1Y i *i l v \ Kenneth A. Owen 990 E. Hyman Aspen, CO 81611 November 15, 1982 Planning and Zoning Commission City of Aspen Aspen, Colorado RE: Stream Margin Review Lot 1, Shoafs' Waterfall Subdivision Aspen, Pitkin County, Colorado This document is to request a stream margin reveiw,in compliance with Sec. 24 -6.3of the Zoning Ordinance, for the development of Lot 1. Shoafs' Waterfall Subdivision. The applicant wishes to construct a single family residence on the referenced property. Submitted with this letter are the following: I. A Site Development Plan showing: 24-6.3b(1) 1. The boundaries of the property and project including a 20' public trail easement. 24- 6.3b(2) 2. Contour at two (2) foot intervalsfor the entire site with a statement of accuracy from James E. Reser, the surveyor. 24.6.3b(3) 3. Proposed improvements (there are no existing improvements on the property). 24- 6.3b(5) 4. Existing trees and shrubs. 24- 6.3c(1) 5. One hundred (100) year projected flood plain area as designated by the U.S. Corp. of Engineers. II. A set of Design Development Drawings consisting of five sheets showing the plans and construction procedures to be used. III. A letter and drawing from Aspen Landscaping identifying the existing plantspecies, recommending a designapproachtotheexisting site and outlining a proposed landscape design to enhance the structure's rela- tionship with the site and street. Aspen Planning & Zoning Commission November 13, 1982 Page Two IV. I would like to enumerate and briefly explainlhe design considerations involved in the development of the property. 1. The structure is designed to blend with the hillside. The primary views will be to the river with the secondary view to Aspen Mountain. This consideration allows a lower structure stepping down and fol- lowing the natural contour of the site. 2. The structure is situated and oriented along the existing contours thus reducing the necessary land cut and allowing south orientation for an active solar system,with a bank of solar collectors located above the garage. 3. The plan configurations, profile and placement of the structure within the building envelope, will result in no removal of any of the existing cottonwood trees. This is an important consideration as the site is to be left in its natural state as much as possible, following the recommendations contained in the landscape architects letter. 4. The placement of the structure is well away from the existing drainage stream. The north edge of the stream, between the 7916 and 7910 (plus or minus) contours will be reinforced with rock to return the water flow to its original bed. 5. The lower floor of the structure is located a minimum of ten (10) feet above the flood plain. Railroad tie cribbing will be placed along this slope to facilitate the transition from the structure to the existing grade. 6. The raised wooden deck is located off of the main living area at the second level with an elevation of approximately 7908.5. The wooden support columns will be located out of the flood plain which is located at approximately the 7890'contour. 7. The driveway and raised wooden deck project beyond the building' envelopment,(a covenant between the subdivision property owners and not a requirement of the City). These projections do not violate the building envelopment as the envelope only restricts the placement of roofed structures. 8. The structure will be constructed of wood siding with concrete retaining walls stepping down the hill. The concrete walls, where exposed will be faced with rock to blend with the natural setting of the site. Aspen Planning & Zoning Commission November 13, 1982 Page Three 9. The Floor Area Ratio in Ordinance 11 allows 4,492.5 sq.ft. to be built on Lot 1 which contains 14,985 sq.ft. and is zoned R -15. The building contains the following square footage, calculated in compliance with Section 4 of Ordinance 11: Enclosed Living Space: 2,866 sq.ft. Covered Porch: 55 sq.ft. Raised Wooden Deck: 273 sq.ft. Total Square Footage = 3,194 sq.ft. F.A.R. Allowance: Section 8, Ordinance 11 = 4,492 sq.ft. 10. During the design process I have had on -site consultation with Robert Patillo, structural engineer, Jerry Gerbaz, excavation contractor, Jerry Fulton, building contractor and David Osann, landscape designer. They have all made constructive suggestions that have been incorporated in the design and proposed techniques that will be used during construction to insure compliance with the provision and intent of the stream margin review. r. � `° ' a 4. Aspen Landscaping, Inc. 303i963-3136 BOX 803, CARBONDALE, COLORADO 81623 November 10, 1982 To Whom It May Concern: I have been asked by Mr. genneth Owen to site examine his building site located on Lot #1, Shoaf's Water Fall Subdivision, on Neale Street in Aspen, Colorado. He had requested that I identify the existing plant species and also give a professional recommendation on a landscape design. The existing plant species that are present on his property at this time are as follows: Common " Botanical Narrowleaf Cottonwood Populus A Service Berry Amelanchier Laevis Native Willow Salix Wild Rose Rosa Rugosa Sage Salvia Oregon Grape, Creeping Mahonia Repens Kinnickinnick Uva -Ursi All of the above are in great abundance on his property, and I cannot foresee any detrimental impact on the continued existence if a structure were to be added to the site. Ps'. Owen asked me to advise him on how to make the lower part of his property (between the house and river) a usable piece of land. My first recommendation is that we do not try to change it, but rather improve on what already exists. The water flow that runs along the north side of the house disperses when it reaches the flood plain boundary and creates a swamp. If this water could be controlled and , directed to run straight to the Roaring Fork River, the Owenls bottom land would have an opportunity to dry up. Also; by directing the water to the river, less water would be exposed to ground and air evaporation. If the water was controlled (i.e. surface water), then the native foliage would have a better opportunity to take root. Access to the bottom area could now be possible by means of a simple pathway, which would be created by hand, so it would not disturb the existing plant life. If the water was controlled, only a few simple bridges would be necessary to allow total access to the property. By controlling the water, we are not intending to impede or change the direction of the flow, only create a more direct route to the river. We have discussed the plant life that inhabits the lower area of (-0--) �.,,1 D SC4 p Aspen Landscaping, Inc. d �. 303/963 -3136 BOX 803, CARBONDALE, COLORADO 81623 the property and our mutual interest is to enhance the natural growth that presently exists. The new structure blends well into the hillside, with the emphasis on living in a house with a view of the river as opposed to a taller structure with a view of Aspen Mountain, Therefore, the landscaping design and plant material used for the front of the house is of importance so that the entire project blends well with the existing enviroment. The native trees that will be used should seem as if they were coming up from the river and folding around the house. Hence, Cottonwoods are to be planted on the southern and northern sides.of the house. The ground cover would be a High Altitude grass that would match, or blend with, the existing foliage. In orderto create a feeling of privacy, a contoured berm, that lends itself to the total landscape plan, would be built on the northeastern corner of the property. Again, it is my feeling to stay with native plants for the berm. At the entrance to the driveway, to delineate it, other species may be used. To show a more exact description, my ideas are proposed on a landscape drawing. Sincerel V )_ David Osann, Pres. Aspen Landscaping, Inc. ceo - 2 - 1 MEMORANDUM TO; City Attorney City Engineer Building Department PLANNER: Colette Penne RE: Owen Stream Margin Review DATE: November 18, 1982 Attached is an application requesting a stream margin review for the development of Lot 1, Shoaf's Waterfall Subdivision. Please review the material and return your comments to the Planning Office by December 6, as the item is scheduled to go before the Aspen P &Z at its second meeting in December. • Thank you. MEMORANDUM TO: Colette Penne, Planning Office FROM: Jay Hammond, Engineering Office DATE: December 3, 1982 RE: Owen Stream Margin Review Having reviewed the above application, and made a site inspection, the Engineering Department has the following comments: 1. The applicant should be required to dedicate the trail easement shown to public use. 2. All construction should be undertaken in a manner so as to create the least disturbance to the flood zone. MEMORANDUM TO: Gary Esary, Assistant City Attorney Colette Penne, Planning Office FROM: Jay Hammond, City Engineering DATE: January 4, 1983 RE: Owen Stream Margin Review Just to confirm our discussion of yesterday regarding the Owen Stream Margin application. The City Engineering Department is in agreement with regard to the following items: 1. That the applicant provide for the improvement of Neale Street through granting of an easement instead of actual right -of -way. 2. That the owner be required to join any improvement district formed on Neale. It is my understanding that Gary will be providing language specific to these items. JH /co Enclosure 1 CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925-2020 MEMORANDUM DATE: January 4, 1983 TO: Jay Hammond, Engineering FROM: Gary Esar}7 RE: Owen Stream Margin Review Jay, we've discussed the problem of the right -of -way acquisition on Neale Street and Mr. Owen's concerns about a later condemnation making his property non - conforming. If the Engineering Department is satisfied with a perpetual ease- ment for municipal purposes, as opposed to an outright dedication, I suggest that you write a supplemental referral memo on the above- referenced application, recommending the following condi- tions (I've included the standard condition requiring joining an improvement district, which should be in almost all land -use approvals): 1. In order to avoid later problems with non - conformity should the City condemn a wider Neale Street right -of -way, applicant voluntarily grants a perpetual, irrevocable, assignable, exclusive easement to the City, without compensation therefor, for roadway, utility and other municipal purposes. Such grant shall be in- cluded on plat at cost of applicant. 2. The standard improvement district condition: "In the event that any municipal improvement or improvements of a kind contemplated in Section 20 -16 of the Municipal Code of the City of Aspen, as amended, become, in the sole judgment or discre- tion of the City Council of the City of Aspen, necessary or desir- able to the area of the applicant's property, Applicant (and his successors and assigns) will make no objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and /or. on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Applicant further agrees to join, upon the demand therefor by the City, any improve- ment district formed for the construction of such improvements (including, without limitation, drainage, underground utilities, paving, planting, curbs, gutters, sidewalks, street lights, etc.) in the area of the subject property or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a dis- trict." GSE /mc Recorded at _ r• . __ o'clock — M., ___ -. - _ __ _ _spy - , Reception No. ' __ _ - _ Rcr<'it C ��`E Tuts DEED, Made this i day of March ' 't 0 IFIf.I] STAMP hetween Parker Quillen and Joan F. Quillen l.O: ETTA BAU:OER of the County of and State F;TKII- CTY. RECORDER Colorado, of the first part, and Kenneth Owen and Jane Owen, as `, Joint Tenants, )f _ t r ra rtZi 10 54 8Z L- ;? whose legal address is #2, 990 E. Hyman, Aspen, Colorado 81611 • C of the County of Pitkin and State of Colorado, of the second part: DJ �, G. r.cJ R'ITNESSETH, that the said party of the first part, for and in consideration of the sum of - - TEN DOLLARS and other good and valuable consideration NO t� (:} -. t ' and other good and valuable considerations to the said party of the first part in hand paid by the said parties of the (0 second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and r ry by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their heirs and 1;..� assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in County of Pitkin and State of Colorado, to wit: r . � 1 '-a Lot 1 SHOAF'S WA'1'ERFATT SUBDIVISION, as recorded O in Book 8 at Page 37 and as amended in Book r . 13 at Page 3. ; ,. i,. . :, - .!;l 'Et Pp 0 t ) also known as street and number 7 5 Q •) TOGETHER with all and singular the hereditaments and appurtenances tlfereunto belonging, or in anywise apper- 01 taining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the IJ estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in r and to the above bargained premises, with the hereditaments and appurtenances. a TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said t ' parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, e' executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, EXCEPT taxes for the year 1982, payable in 1983; SUBJECT to easement recorded in Book 365 at Page 822 of the records of Pitkin County, Colorado; United States Patent reservations recorded in Book 185 at Page 69 of the records of Pitkin County, Colorado. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the said party of the first part has reurto set his hand and seal the day and year first above written. ` / J Signed, Sealed and Delivered in the Presence of ', , " 1SEALI Parker Quillen - 1 9 � - T ( A ((' L L , ISEAL] I. Joan F. Quillen [SEAL) C STtS'1'E OF COLORADO I ss. ' - ' , ,-- County of Pltkln The.oregoing ilistruznent was acknowledged before me this 7) (2 } day of March ,102 , b y :Parker Qui • . and Joan F. Quillen �.S My Commission expires .- : : - ( ` ' ,19 C:— . Witness my hand and official seal. Notary Public No. 921A. WARRANTY DEED.—To Joint Tenants.—Bradford Publishing Co., 182416 Stout Street, Denver, Colorado 1523- 6011) -7.77 ♦.4 t Lot 1 Description Lot 1, Shoaf's Waterfall Subdivision, as recorded in Book 8, Page 37 and as amended in Book 13, Page 3. A tract of land situated in the Southwest ! of Section 7, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado. Be more fully described as follows: Beginning at a point on the westerly Right -of Way of Neal Street, whence the South ' corner of said Section 7 bears South 7' 54' 30" East 416.60 feet; - Thence N 53' 14' 00" W 132.59 feet - Thence N 20' 55' 18" E 156.59 feet - Thence N 21' 35' 00" W 130.99 feet - Thence N 65' 51' 21" W 54.19 feet - Thence S 24' 19' 50" W 30.26 feet - Thence s 33' 08' 25" W 63.85 feet • 4r -_� -. I , , i •I f , a • j 4 3 • I , ` F • A k, 2-- I i • ) F j _, I ,). , . ' i C - //)— , ■ k 1•,_ 1 I r { C-:-0 j J � 1 ail --\ (00 0_ i a .4{• ',c,. Ci €1. . r kill- 0 _ P 1, -. fp7. ( ,- X- 1 1 ; l 1 2 ' 4 1 i i( r Z - Oar , _ ). 1 0 t . I k. 1 _: : (I) /\,P 4 _I. ! 7 ., 2 - 4:' 7. % i Y19 __ _ (0n / I' , V 1 ,. i 1 ,. — PI ' — I ff �_ 1 I ) Y fr-UP' , 't _ _ i r 2) _ - T. i I 1 y I y . 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