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HomeMy WebLinkAboutcoa.lu.sm.Sanders.1280 Red Butte Dr.A20-90 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 3 19 90 PARCEL ID AND CASE NO. DATE COMPLETE: 3 ?D TA F 3 F MEMBER: 20 -90 /A PROJECT NAME: Sanders Stream Margin Review eg Project Address: 1280 Red Butte Drive o I Legal Address: Lot 1, Gaylord Subdivision APPLICANT: Cheryl A. Sanders Applicant Address: REPRESENTATIVE: Sunny Vann. Vann Associates Representative Address /Phone: 230 East Hopkins Avenue Aspen. CO 81611 5 -6958 PAID: YES NO AMOUNT: S870.00 NO. OF COPIES RECEIVED: 3 TYPE OF APPLICATION: 1 STEP: >< 2 STEP: p / r f P &Z Meeting Date O�A ll 0 PUBLIC HEARING: 0 NO VESTED RIGHTS: E !NO/ CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. /� DATE REFERRED: 3/a2/90 (0 INITIALS: 00.v, FINAL ROUTING: DATE ROUTED: 11(1-/ '5 3 INITIAL: 1 City Atty _ City Engineer _ zoning Env. Health Housing Other: FILE STATUS AND LOCATION: f"• RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF THE SANDERS STREAM MARGIN REVIEW AND VESTING OF THE DEVELOPMENT RIGHTS Resolution No. 90-X WHEREAS, Cheryl A. Sanders submitted for approval to the Commission an application for Stream Margin Review; and WHEREAS, the Planning staff recommended approval of the Stream Margin Review with conditions; and WHEREAS, the Commission reviewed and approved by a 7 -0 vote said Stream Margin Review on June 5, 1990; and WHEREAS, Cheryl A. Sanders has requested that the development rights for the Sanders Stream Margin Review be vested pursuant to Section 6 -207 C. of the Aspen Land Use Regulations revised date August 14, 1989; and WHEREAS, the Commission voted 6 -1 to forward to City Council I without prejudice the request to vest development rights in the Sanders Stream Margin Review pursuant to Section 6 -207 C. of the Land Use Regulations for a period of three years from the effective date hereof subject to the terms and conditions contained in the Sanders Stream Margin approval and herein below. NOW, THEREFORE, BE IT RESOLVED by the Commission: That it does hereby approve by the Sanders Stream Margin Review with conditions as follows: 1. Permit(s) for tree removal must be obtained from Parks prior to issuance of Building Permit. 2. Changes to the driveway location, if any, must retain ditch alignment and flow capacity. Contact the Parks Department prior to driveway changes. • ORDINANCE N0.46 (SERIES OF 1990) AN ORDINANCE OF THE CITY OF ASPEN VESTING THE DEVELOPMENT RIGHTS FOR THE SANDERS STREAM MARGIN REVIEW WHEREAS, on June 5, 1990, the Aspen Planning and Zoning Commission unanimously approved the riverside development proposal for the Sanders residential expansion at 1280 Red Butte Drive (Lot 1 Gaylord Subdivision); and WHEREAS, a request for Vested Rights for the Sanders Stream Margin Review was submitted to the Planning Office by project representative Sunny Vann; and WHEREAS, pursuant to Section 6 -207 of the Aspen Land Use Code revision date May 25, 1988, the City Council may grant Vesting of Development Rights for a period of three years; and WHEREAS, the Planning Office recommends that Council approve Vesting of Development Rights for the Sanders Stream Margin Review. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant Vested Rights for the Sanders Stream Margin Review. The rights granted by the site specific development plan shall remain vested for a period of three (3) years from the effective date hereof. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Failure to properly record all plats and agreements required to be recorded by the Land Use Code shall also result in X325418 08/17/90 10.52 Rec $15.00 }3K 627 PG 669 Siiv Davis, P':itl.::in Cnty Clerk, Doc $.00 the forfeiture of said vested property rights. Section 2: The approval granted hereby shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication provided for in Sec. 6 -207 (D). Section 3: Zoning that is not part of the site specific development plan approved hereby shall not result in the creation of a vested property right. Section 4: Nothing in this approval shall exempt the site specific development plan from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances of the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. Section 5: The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, elect_ical and mechanical codes. In this regard, as a condition of this site development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. #325418 08/17/90 10:52 Rec $15.00 BK: 627 PC 670 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 » ,-, Section 6: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 7: A public hearing on the Ordinance shall be held on the o �`� day of ?f/_ , 1990 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 0- day of 47--<-- , 1990. t • l. ,y % William L. Stirling, Mayor j • 141r 4 f t11ryn, 7 3Zoch, City Clerk D FINALLY, adopted, passed and approved this 09 a� day of , 1989. `;1 F ' SA� ir ! G; �•� William L. Stirling, Maf"or w ' 11../. \ Koch, City Clerk \,....: s. #325418 08/17/90 10:52 Rec $15.00 BK 627 PG 671 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 jtkvj /sanders.ord 3 MEMORANDUM TO: Mayor and City Council THRU: Carol O'Dowd, City Manage THRU: Amy Margerum, Planning Dirastor FROM: Kim Johnson, Planner DATE: July 11, 1990 RE: Second Reading of Ordinance 46, Sanders Stream Margin Vested Rights SUMMARY: The Planning Office recommends Second Reading of Ordinance 46 which will vest for a three year period the development rights approved in Stream Margin Review. BACKGROUND: City Council had first reading of Ordinance 46 on June 25, 1990. City Attorney Caswall has suggested some format changes for inclusion in Ordinance 46. These have been included in the attached ordinance for Second Reading. On June 5, 1990, the Aspen Planning and Zoning Commission approved with conditions the Sanders Stream Margin Review.. As part of this Stream Margin Review, representative Sonny Vann requested the establishment of vested property rights for the Stream Margin action. Pursuant to Section 6 -207, vesting of property rights requires a Vested Rights Ordinance and two readings before Council. RECOMMENDATION: The Planning Staff recommends that the City Council approve vesting of development rights approved in the Sanders Stream Margin Review and have Second Reading of Ordinance 46. PROPOSED MOTION: I move to have the Second Reading of Ordinance 46 for vesting the development rights of the Sanders Stream Margin Review. CITY MANAGER COMMENTS: L Cse cam/ Attachment - Ordinance 46 for Second Reading jtkvj /sanders.vest2 VANN ASSOCIATES, INC. Planning Consultants June 27, 1990 Mr. Jim Gibbard City of Aspen Engineering Department 130 South Galena Street Aspen, Colorado 81611 Re: Sanders Stream Margin Review Dear Jim: Attached for your files is a revised survey of the Sanders property which depicts the high water line as located by Alpine Surveys. This information was required pursuant to condition number three (3) of the P &Z's approval. A draft of the fisherman's easement which was required pursuant to condition number five (5) is also attached for your informa- tion. As construction is not anticipated until next spring, the remaining conditions of approval will be met by the Applicant prior to issuance of a building permit. Should you have any questions, or require further informa- tion, please do not hesitate to call. Very truly yours, VANN ASSOCIATES, INC. Sunny Van AICP SV:cwv cc: Kim Johnson Attachments 230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925 -6958 PZM6.5.90 of the river? If so then I think there might be reason to review the type of thing we are concerned about. Kim: The Greenway Plan addresses the River corridors as being opportunities for preserving open space, natural vegetation, natural habitat. When it does reflect design standards it is usually in reference trail systems, public facilities or public open spaces. It is mostly regarding not necessarily private sites or specific locations. I think we could use that as potential criteria and pick out items that we might be able to apply visually in site specific locations. Sunny: We are moving no mature vegetation except one tree which the Parks Dept has said is in fowl shape. We have set back well beyond the acceptable setback requirements of the zone district. We are subject only to review because we are within a hundred feet of the river. If you want to expand the criteria to include the areas beyond the l00ft setback criteria for Fisherman's Easements etc I think that is fine. But I think what you are looking at now goes beyond the criteria we currently have to work with. MOTION Bruce: I move to approve the Sanders Stream Margin Review and also recommend that City Council grant vested rights for the 3 years as requested by the applicant subject to the 5 conditions listed in the Planning Office memo dated June 5, 1990. Mari seconded the motion. Roger: I would suggest changing the wording about the vested interest portion of it as not the P &Z recommends - -I really can't find myself wanting to recommend the Council approval of a vested interest but rather use the words forwarded to City Council - -not indicating prejudice one way or the other of the vested interests portion of this. Bruce did not want to change his motion. Richard: I am unwilling to support the vested rights portion of the motion. Graeme: I am with Richard. t Welton: Let the record show that Graeme, Jasmine, Roger and Richard voted against the motion. 6 PZM6.5.90 MOTION Bruce: I move to approve Sander's Stream Margin Review subject to the 5 conditions of the Planning Office memo. Mari seconded the motion with everyone in favor except Graeme. MOTION • • Roger: I move to forward to Council the applicant's request for vested interests of the Sanders Stream Margin Review without comment. Bruce seconded the motion. Jasmine: I think if we are going to take that form of action it is important to put the reasons why. And since there is such an even split among members of the Commission as to why we are either recommending or not recommending vesting, I think there should be some comment. Roger: Basically all I am doing is giving them a vehicle to go to Council. C Sunny: You either act or not act on it. You don't give a recommendation regarding vested rights. The code says you grant vested rights. The City Attorney has advised as an applicant that if I want to be totally sure of what is correct in light of the current legal situation that I should also request an ordinance from Council. Jasmine: I share the concerns that have been expressed about vesting a project that nobody is really very happy with although we don't have the grounds to deny it based on the current code. I don't see why we should extend it beyond the normal life of what would be expected with an approval for something that we are not really all that excited to see get done in the first place which is exactly what you are trying to protect. I think that somewhere along the line somewhere there has to be a record of our rational for doing what we are doing. And since there are several people who feel that way I think it is very important that it be on the record. Sunny: My concern is that I don't think vested rights is discretionary action. I don't think you can say ! "Well, I am not going to vest you because I want to change the code." That is the whole purpose of the vested rights is to give someone in the process ability to rely on the approval. 7 - PZM6.5.90 Jasmine: There is probably going to be a legal point of view and I just think that whatever happens that it is important for us to put our viewpoints on the record. Glenn Horn: I have looked over the code and there is no basis for discretionary review when it comes to vested rights. It is a right of the applicant. There are no criteria that say the City can vest when they want to. It is just a basic right and when it comes to procedural action of the P &Z Commission and the City Council I don't think you have the right not to vest something that somebody asks vesting for. Mari: I guess I am just curious why we then have to vote on something which is not discretionary. Welton: It is just a formal action that has to be taken. Roger: The motion was to forward the applicant's request for vested interests to City Council without comment. That is all that is necessary. It is a vehicle. Bruce: Does the code say that the P &Z Commission grants the vested rights? Sunny: When legislature passed the vested rights last year they left it up to the jurisdictions to establish certain ways to implement that legislation. There are reviews which Council has delegated to P &Z. Stream Margin Review is one of them. In those cases our code says that P &Z vest in one step applications. Because of some controversies that have come up regarding several suits involving the City the Attorney has advised us as applicants that if we want to be totally certain we will take the vested rights granted by P &Z to Council and have them rubber stamp them by adoption of an ordinance. So I am asking as part of my application for vested rights status from the P &Z as part of this approval. As Glenn said I don't think you have discretion to withhold it. Bruce: It seems to me we voted 4 to 3 against vested rights and it is an item we don't have discretion on. Roger:. We do have a motion on the floor and that is to forward the application including the vested rights for a period of 3 years by Council action. • Everyone voted in favor of the motion except Jasmine. 8 - MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Sanders Stream Margin Review DATE: June 5, 1990 SUMMARY: The Planning Office recom ends p roval the Str9,am Margin Review with conditions. \1 O S 1A4 As , APPLICANT: Cheryl A. Sanders, represented by S nny Vann a C £ v LOCATION: 1280 Red Butte Dr., Lot 1 Gaylord Subdivision ZONING: R - 30, PUD APPLICANT'S REQUEST: Stream Margin Review approval for the enlargement of a residence . PROPOSAL: The applicant wishes to expand an existing 3 bedroom residence from 1,420 s.f. to 6,080 s.f. Included in the proposal is a swimming pool and spa between the house and the river. The lot size is 51,790 s.f. (1.189 ac.) The building site lies within 100' of the high water line of the Roaring Fork River, but lies outside of the 100 year floodplain. The building footprint meets required setbacks and FAR limits of 6,080 s.f. for the R -30 zone district. The existing garage will be removed and a new garage will be incorporated into the proposed addition. (Attachment "A ") REFERRAL COMMENTS: Engineering: Jim Gibbard forwarded the following report - Having reviewed the above application and made a site visit, the Engineering Department has the following comments: 1. We recommend that no vegetation be disturbed between the building envelope and the edge of the river. The applicant needs to submit a letter to the Engineering Department which outlines construction procedure and which will confirm that there will be no impact on the river or river bank. This needs to be submitted before any building permit is issued. 2. Location of the high water line needs to be drawn and labeled on the site plan. 3. The applicant will need to get a permit form the Parks Department for the removal of the 12 inch diameter pine tree on the southwest corner of the existing house before issuance of a building permit. 4. Although not a code requirement, we would suggest that the applicant grant a fisherman's easement in the Roaring Fork River and for a width of 5 feet along the property side of the river. (Attachment "B ") Parks: Bill Ness has the following comments: After reviewing Sander's application for stream margin review, and walking the job site the Parks Dept. feels comfortable with what the owners propose. The one (1) 12" diameter spruce tree located near the center of the addition is not aesthetically appealing considering the top of the tree is missing. A tree removal permit will be approved of a landscaping plan is submitted. (Attachment "C ") STAFF COMMENTS: The proposed plan for the pool and spa area offers a conceptual sketch for treatment of the slope from the finished floor level down to undisturbed ground. The fill areas represent about 15' -18' of elevation difference. The sketch indicates a retaining wall of native stone. Staff feels that additional visual relief is needed to reduce the visual impact of the large expanses of wall. Minor terracing of the walls and inclusion of a mix of plant materials, preferably native varieties, should be a requirement of this project. A fisherman's easement within the bank of the river is platted on the Gaylord Subdivision Plat. Planning and Engineering recommend that this easement be expanded to include an area 5' (measured horizontally) above the high water line. The applicant has indicated that the driveway access will remain as it is currently. An irrigation ditch crosses the front part of the lot and goes under the existing driveway in a culvert. Any changes to the driveway must retain the ditch alignment. Section 7 -504 outlines the criteria for Stream Margin Review as follows: Criteria 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 proposed expansion and site improvements are located above the 100 year flood plain so the base flood elevation will not be affected. Criteria 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: The Rio Grande trail is located across the river. No trail has been designated across the parcel. Criteria 3: The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Response: The Plan makes no specific recommendations for this site. The conceptual sketch of the pool /spa area indicates a natural rock retaining wall. This conforms to the suggested design criteria from the Plan. Staff is concerned that vegetation and terrace relief be incorporated into the wall to soften its visual impact from across the river. Criteria 4: No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. Response: The application states that regrading of the bank is required and vegetation must be removed (mostly scrub oak and brush.) The applicant offers that the bank will be stabilized and landscaped and precautions will be taken during construction to prevent sedimentation (e.g. hay bales.) Criteria 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: The improvements will be mitigated by revegetation. Care will be taken to prevent pollution of the river. The natural changes of the river channel will not be adversely affected. Criteria 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 Criteria 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 - no impacts on the flood plain will occur with this proposal. Criteria 8: Copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain. Response: .� A y Mh. \ . ' . .I r r e � - r; M. --- . f. .,- , - ; i� .�. C. ( r .,.v "° Not applicable � � L , 6 r' � (1 STAFF REC I 4 The Planning Office recommends approval of the Sanders Stream Margin Review y Zhe conditions: 1. Permit(s) for tree removal, must be gbtained from Parks prior to issuance of Building Permit. 2. Changes to the driveway location, if any, must retain ditch alignment and flow capacity. Contact the Parks Department prior to driveway changes. 3. Prior to issuance of the Building Permit, the applicant shall submit a letter to the Engineering Department outlining the construction procedure and confirming that there will be no impact on the river or river bank. The high water line must be drawn and labeled on the site plan in Engineering's files as well as the site plan submitted for permit. 4. Landscape plan of the retaining walls around the pool and spa shall include terracing and inclusion of vegetation to soften its visual impact from across the river. Submit plan to Planning for approval prior to issuance of Building Permit. 5. A fisherman's easement shall be recorded with the Pitkin County Clerk and Recorder's o ice to include a width of 5 feet measured horizontally from e high water line along the river. This shall be recorded pri r to issuance of a Building Permit. • o` Attachmen s: "A" - Engineering Referral "B" - Parks Referral "C" - Site Plan CC_ r y , t r , �I ( ' � C \ r" ( ' . ( Ti it fi, n jtkvj /sanders.memo .t -t q ' I , . € _____ . . ___ _ • ,. - --- , --- . -. - . At. ,,chment"A" • - t . , . / ---- / -...., / ---.. sail • 4 1 ROARING 382-031E ... c 4 6 E A4 E 7 : .%. ( 3 5 7/ 4 A P iDi E.- naps_ WIt• - - _ a ••• PLAIN DA1A TAVEN --c.,--,.._ -48 . ---3 fs, -------- — v 48 ,• CoRP OF ENGINEERS SlUCA PREPARE.° IN 1975. E051;ANCES -------......„.....,_ Is. /WALE° FROM 5 1 - %PARC — -----, S e , PROrn FICCO MA P / 0 14/47-0• 4 19 I ? MAY . . 01 RE A . ilif --.4t t) LEIF 5 ..,C2 5CT WC Rt000 W/RA'AICost 4.512w? i., ' al k 44 \ • KIEFFER MENDENTIALL 07 0 10 ..• ft. eox 191 - S 0 /N 19 ' urvitr ? u lilts :37 j to I: Ce4;14. .0.4i 1 A . . O - - - i RIte AN 6. r■ 05 1, C 1 4 OPEN 5F J \ . cV / 4-us a ri I. 0262 ACRE 0 3 "? i Ay LOT I „ • -, 7S Z`' IKMATON .7 !AO' I. ACRE ia-IES kf I A) EL WO Ottige Dil 11 . to AO / 7 , s • P .., .a, , 7 esA e %.. 1 Il O t: /- e (f .. / -.. --- N --) lk- o f,r5/ k • \ Z 3/40.. 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ASPEN, W BI Co i t /-, I • • • • •`\ \ \fix �\ \\ \` %scut., mortar \\ E ii\ V • s \: : :\ \n \ \ a rc: . • - 4 - < ‘ • • • \ • • • • TfG ar ii 4 ' :j. ■ • • • s, .,' \ \ • • . . i , —.. _ — _ — _� - II - w.riV r f.....__ t�� .r i :l I Gicieli w Td M e4-- GCE !://. ,,.,, , y . II • F 7 r 1 r attachment "B" MEMORANDUM TO: Kim Johnson, Planning Office FROM: Jim Gibbard, Engineering Department DATE: April 12, 1990 RE: Sanders Stream Margin Review and Conditional Use Having reviewed the above application and made a site visit, the Engineering Department has the following comments: 1. We recommend that no vegetation be disturbed between the building envelope and the edge of the river. The applicant needs to submit a letter to the Engineering Department which outlines construction procedure and which will confirm that there will be no impact on the river or river bank. This needs to be submitted before any building permit is issued. 2. Location of the high water line needs to be drawn and labeled on the site plan. 3. The applicant will need to get a permit from the Parks Department for the removal of the 12 inch diameter pine tree on the southwest corner of the existing house before issuance of a building permit. 4. The satellite antenna dish which the applicant proposes to place must be shown on the site plan. 5. Although not a code requirement, we would suggest that the applicant grant a fisherman's easement in the Roaring Fork River and for a width of 5 feet along the property side of the river. jg \sanders cc: Chuck Roth ■ Attachment "C" MEMORANDUM TO: Kim Johnson, Planning Office FROM: Bill Ness, Parks Superintendent RE: Sanders Stream Margin Review, and Conditional Use Review for Accessory Dwelling Unit and Satellite Dish DATE: April 4, 1990 After reviewing Sanders application for stream margin review, and walking the job site the Parks Dept. feels comfortable with what the owners propose. The one (1) 12" diameter spruce tree located near the center of the addition is not aesthetically appealing considering the top of the tree is missing. A tree removal permit will be approved if a landscape plan is submitted. �.r • VANN ASSOCIATES, INC. -9 Planning Consultants May 9, 1990 HAND DELIVERED Ms. Kim Johnson Aspen /Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Sanders Stream Margin Review Application Dear Kim: As we discussed earlier today, the Applicant in the above referenced application would like to withdraw her request for conditional use approval for a satellite dish antenna. The Applicant has decided to eliminate the antenna in order to reduce the impact of development on the owner of Lots 2 and 3 of the Red Butte Subdivision. As you know, the required conditional use public hearing was continued to the June 5, 1990 P &Z meeting. As the antenna is no longer a part of this application, the need for a public hearing has been eliminated. It is my understanding, however, that the Applicant's stream margin review request will be considered at the June 5 meeting. Attached for your information is a revised site development plan which depicts the relocated garage. As we discussed previously, the garage was relocated in response to concerns raised by the owner of Lots 2 and 3 of the Gaylord Subdivi- sion. This architectural revision, and the elimination of the satellite antenna, strongly reflect, I believe, the Applicant's responsiveness to neighborhood concerns. At your request, I have requested that a site section through the pool and spa area of the development plan be sent to you at the Planning Office. Regrading of a portion of the property in this area will be required and some vegetation will have to be removed. The Applicant, however, will stabilize and landscape the regraded bank to avoid any adverse effect upon the Roaring Fork River. As the site development plan illustrates, the area in question is located 230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925 -6958 . 3 Ms. Kim Johnson May 9, 1990 Page 2 outside of the one hundred (100) year floodplain and well back from the edge of the River. Adequate precautions (e.g., hay bales) will be taken during construction to prevent sedimentation. Should you have any questions, or require additional informa- tion, please do hesitate to call. Very truly yours, V ANN OCIATES, INC. n ny Va AICP SV:cwv Attachment MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: Sanders Stream Margin Review and Conditional Use - Tabled to June 5, 1990 DATE: May 8, 1990 Due to recent changes in this project, the Planning Office and Sunny Vann request that the Commission table the item until June 5, 1990 to allow for further staff review. As this was to be a public hearing for the Conditional Use for a satellite dish, public hearing will need to be opened, then changed to the . new date. Thank you. jtkvj /sanders.table • VANN ASSOCIATES, INC. Planning Consultants March 14, 1990 HAND DELIVERED Ms. Kim Johnson Aspen /Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Sanders Stream Margin Review Dear Kim: Please consider this letter an application for stream margin and conditional use review for a parcel of land located at 1280 Red Butte Drive in the City of Aspen (see Pre- Applica- tion Conference Summary attached hereto as Exhibit 1). Vested rights status for the proposed site development plan is also requested. The application is submitted pursuant to Sections 7 -504 and 7 -305 of the Aspen Land Use Regulations by Cheryl A. Sanders, the owner of the property (see Exhibit 2, Title Policy). Permission for Vann Associates to represent the Applicant is attached as Exhibit 3. Project Site The parcel in question consists of Lot 1 of the Gaylord Subdivision. The lot contains 1.189 acres, or approximately 51,790 square feet of land area, and is zoned R -30, Low - Density Residential, Mandatory Planned Unit Development. While the lot conforms to the dimensional requirements of the R -30 zone district, it should be noted that its northern boundary is located within the Roaring Fork River, and that a portion of the lot lies within the 100 year flood plain. As the accompanying survey illustrates, the parcel is essentially flat with the exception of the embankment which parallels the River. Man -made improvements include an approximately 1,420 square foot, three (3) bedroom, single - family residence and a 840 square foot detached garage. The residence is located at the rear of the lot near the top of the embankment. Existing vegetation consists primarily of numerous large aspen and spruce trees, the majority of which are located adjacent to the River. 230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925 -6958 Ms. Kim Johnson March 14, 1990 Page 2 Proposed Development The Applicant proposes to retain the existing residence and to construct an approximately 5,440 square foot addition thereto. The existing residence's kitchen will be removed and a new kitchen constructed in connection with the proposed addition. As a result, the remodeled structure will continue to meet the City's definition of a single - family residence. The existing garage will be removed and a new garage incorpo- rated in the proposed addition. The floor area of the residence after remodeling will be approximately 6,080 square feet. The proposed building footprint is depicted on the site development plan which accompanies this application. As the plan illustrates, the proposed addition is located well outside of the 100 year flood plain, and all setbacks meet or exceed the applicable requirements of the R -30 zone district. Site disruption will be limited to the excavation of the addition's foundation, and little or no mature vegetation will be lost as a result of the expansion. Development data for the proposed expansion is summarized in Table 1 below. Table 1 DEVELOPMENT DATA 1. Existing Zoning R -30, Residential, PUD 2. Existing Site Area (Sq. Ft.) 51,790 Land Under Water 10,380 Remainder 41,410 3. Minimum Required Lot Area (Sq. Ft.) 30,000 4. Maximum Allowable Floor Area (Sq. Ft.) 6,080 5. Proposed Floor Area (Sq. Ft.) 6,080 Existing Residence 1,140 Addition 4,940 Note: All square footages are rounded to the nearest ten (10) square feet. Ms. Kim Johnson March 14, 1990 Page 3 The Applicant also wishes to install a satellite dish antenna adjacent to the existing residence. The antenna, which will be approximately ten (10) feet in both height and diameter, will be located between the east side of the residence and the ten (10) foot side yard setback. The area in question is located approximately ten (10) feet below the entry level of the residence and is well screened by existing vegetation. Additional landscaping will be installed by the Applicant to further shield the antenna from the public's view. Review Requirements Pursuant to Section 7 -504 of the Aspen Land Use Regulations, all development within one hundred (100) feet of the high water line of the Roaring Fork River, or within the one hundred (100) year flood plain, is subject to stream margin review. As the Applicant's proposed improvements are located within 100 feet of the River, review and approval pursuant to the City's stream margin regulations is required. The specific review criteria, and the proposed addition's compli- ance therewith, are summarized as follows. 1. "It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not in- crease the base flood elevation on the parcel proposed for development." This review criteria is not applicable as the proposed addition is located outside of the 100 year flood plain. 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." According to the adopted trails plan map, no trail has been designated across the parcel. 3. "The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development to the greatest extent practicable." The Roaring Fork Greenway Plan contains no site specific recommendations with respect to the parcel. The proposed addition, however, will have no significant effect on the site's existing river front vegetation nor will the natural appearance of the River be impacted in any foreseeable manner. Ms. Kim Johnson March 14, 1990 Page 4 While some vegetation will obviously have to be removed to accommodate the proposed building footprint, loss of vegetation will be mitigated by additional landscaping to be installed in connection with the remodeling of the residence. It should also be noted that a permit is required for the removal of any tree with a trunk diameter in excess of six (6) inches. As discussed previously, the majority of the parcel's existing mature vegetation is located adjacent to the River. 4. "No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank." No vegetation will be removed nor any slope regraded such that the River would be adversely affected. 5. "To the greatest extent practicable, the proposed devel- opment reduces pollution and interference with the natural changes of the river, stream or other tribu- tary." The proposed addition will have no adverse effect upon the natural changes normally experienced by the Roaring Fork River. All disturbed areas will be revegetated to preclude erosion and appropriate safeguards will be utilized to prevent pollution of the River during con- struction. 6. "Written notice is given to the Colorado Water Conserva- tion 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." No alteration or relocation of the existing water course will be required. 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 dimin- ished." This review criteria is not applicable as no alterations to the River are proposed by the Applicant. 8. "Copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain." Ms. Kim Johnson March 14, 1990 Page 5 No federal or state permits are required as no construc- tion is proposed within the 100 year flood plain. Satellite dish antennae are a conditional use in the R -30 zone district. As such, their installation is subject to conditional use review pursuant to Section 7 -305 of the Regulations. The specific review criteria, and the proposed satellite dish antenna's compliance therewith, are summarized as follows. 1. "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." While the Aspen Area Comprehensive Plan makes no reference to satellite dish antennae, such devices are a relatively common accompaniment to residential development. The parcel's underlying R -30 zoning provides for low- density residential development and customary accessory uses. As satellite dish antennae commonly accompany such development, they are consis- tent, I believe, with the intent of the zone district. 2. "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 activi- ties in the vicinity of the parcel proposed for develop- ment." The immediate site area is residential in nature. While the number of existing satellite dish antennae in the area is unknown, the addition of the Applicant's antenna would be compatible, I believe, with the residential character of the area. 3. "The location, size, design and operating characteris- tics 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." As discussed previously, the proposed antenna will be located on one of the least intrusive areas of the parcel. The area in question is located below street level and is shielded from view by existing vegetation. 0 Ms. Kim Johnson March 14, 1990 Page 6 Additional landscaping will be installed by the Appli- cant to further reduce the antenna's visual impact. 4. "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." The proposed antenna will have no impact upon the above public facilities and services. 5. "The Applicants commit to supply affordable housing to meet the incremental need for increased employees generated by the condition use." As no employees will be generated as a result of the installation of the antenna, no affordable housing is required. 6. "The proposed conditional use complies with all addi- tional standards imposed on it by the Aspen Area Compre- hensive Plan and by all other applicable requirements of this chapter." The Applicant's proposed satellite dish antenna will be located outside of the required side yard setback. To the best of my knowledge, no additional review standards are contained within the Aspen Area Comprehensive Plan or Land Use Regulations which apply to the antenna's installation. As noted previously, the parcel is zoned mandatory planned unit development. The proposed addition, however, is exempt from PUD review, as Section 7 -902 expressly excludes detached single - family residences from compliance with the PUD pro- visions of the Land Use Regulations. The addition is also exempt from the affordable housing provisions of Ordinance 1, Series of 1990. Pursuant to Section 8- 104(A)(1)(a)(5) of the Regulations as amended, the remodeling, restoration or expansion of existing single - family dwellings is exempt from growth management subject only to the approval of the Planning Director. As the existing residence is to be retained, no affordable housing mitigation is required. Summary Based on the above, we believe that the proposed addition and satellite dish antenna comply with the intent and require- Ms. Kim Johnson March 14, 1990 Page 7 ments of Sections 7 -504 and 7 -305 of the Land Use Regulations and, consequently, will have no adverse effect upon either the Roaring Fork River or the general public. The Applicant, therefore, respectfully requests stream margin and condition- al use approval for the proposed addition and antenna as depicted on the accompanying site development plan. Should you have any questions, or if I can be of any assis- tance, please do not hesitate to call. Very truly yours, VANN AS OCIA , Sunny Vann AICP SV:cwv Attachments CITY OF ASPEN f EXHIBIT 1 G PRE- APPLICATION CONFERENCE SUMMARY PROJECT: J ./Y G� APPLICANT'S REPRESENTATIVE: i/n t Y d AWN1/ REPRESENTATIVE'S PHONE: r �(() OWNER'S NAME: mice 4 Ckery/ `jr14 d'Crc SUMMARY 1. Type of Application: 5f' - 7i2 l a+,212,e..f (47fe . �kQ� Ac, D, 2. Describe action /type of development being requested: nt !ii o .61 I, (3 -4 r Ai $ c Ft r r • X / 0/. C rz. t(G, r1, • Okui 2419a4A-lk 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments C ytaWt.a;,,w1,,1 ) - U !J 4. Review is: (1&Z Only (CC Only) (P &Z then to CC) 5. Public Hearing: -*it_ 6. Number of copies of the application to be submitted: 7. What fee was applicant requested to submit: ? r 8 8. Anticipated date of submission: 9. COMMENTS /UNIQUE CONCERNS: frm.pre_app . EXHIBIT 2 S C H E D U L E A ORDER NO.: 00016854 POLICY NO.: 0- 9941456573 DATE OF POLICY: January 16, 1990 at 10:52 A.M. AMOUNT OF INSURANCE: $ 850,000.00 1. NAME OF INSURED: CHERYL A. SANDERS 2. THE ESTATE OR INTEREST IN THE LAND WETICH IS COVERED BY THIS POLICY IS: Fee Simple 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: CHERYL A. SANDERS 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: Lot 1, GAYLORD SUBDIVISION, according to the Plat thereof recorded July 28, 1976 in Plat Book 5 at Page 20 as Reception No. 185713. County of Pitkin, State of Colorado Stewart Title of Aspen, Inc. 602 E. Hyman Aspen, CO 81611 303- 925 -3577 kiikie • e,UTHOP/1ZED SIGNATURE STEWART TITLE GUARANTY COMPANY or iann RS ln.201 S C H E D U L E B POLICY NO.: 0- 9941456573 THIS POLICY DOES NOT INSURE AGAINST IOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WIIICFI ARISE BY REASON OF: 1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE PUBLIC RECORDS. 2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE.PUBLIC RECORDS. • 3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND ,'INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5. T AXIEB,'MIXW.LAX X7r 1'E1G; WATER RIGHTS, CLAIMS OR TITLE TO WATER. 6. ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED TAX SALES. 7. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSIONS IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded April 25, 1906 in Book 55 at Page 152 as Reception No. 70653. 9. Easements, setbacks and restrictions as shown on Plat of Gaylord Subdivision recorded July 28, 1976 in Plat Book 5 at Page 20 as Reception No. 185713. 10. Terms, conditions, covenants and obligations as set forth in Subdivision Agreement recorded July_ 2$, 1976 in Book 314 at Page 775 as Reception No. 135712. 11. Terms, conditions, restrictions and obligations as set forth in Protective Covenants recorded July 05, 1977 in Book 331 at Page 377 as Reception No. 195624. Continued on next page: EXCEPTIONS NUMBERED 1 -4 ARE HEREBY OMITTED. • STEWART TITLE GUARANTY COMPANY • C (500M 10 -89) ATTACHED TO AND MADE A PART OF STEWART TITLE GUARANTY COMPANY POLICY NO.: 0- 9941456573 CONTINUATION OF SCHEDULE B 12. This policy does not insure title to land comprising the shores or bottoms of rivers and is subject to any build up or Joss of property along Roaring Fork River, caused by the processes of accretion and reliction, or caused' by man made changes in the flow of water or in the course of the river bank or river channel; also subject to the free and unobstructed flow of the water of said river. 13. Easement granted to Aspen Metropolitan Sanitation District, recorded July 23, 1970 in Book 249 at Page 601 as Reception No. 141436, as same may affect subject property. 14. A Deed of Trust dated January 16, 1990, executed by Cheryl A. Sanders, to the Public Trustee of Pitkin County, to secure an indebtedness of 5550,000.00, in favor of Pitkin County Bank & Trust Company, recorded January 16, 1990 in Book 611 at Page 983 as Reception No. 319121. NOTE: Assignment of Rents recorded January 16, 1990 in Book 611 at Page 985 as Reception No. 319122, given in connection with the above Deed of Trust. • STEWART TITLE GUARANTY COMPANY ENDORSEMENT TO TITLE POLICY ' SERIAL NUMBER 0- 9941456573 CHARGE NO. 00016854 FORM S N/C Issued by STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY SCHEDULE B, EXCEPTION NO. 6 ON THE ABOVE REFERENCED OWNER'S TITLE POLICY IS HEREBY AMENDED TO WIT: Taxes and Assessments for the year 1990, not yet due and payable, and subsequent years and any special assessments not yet certified on the tax rolls of Pitkin County. This Endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of said policy, unless otherwise expressly stated. Signed under seal for the Company, but the Endorsement is to be valid only when it bears an authorized signature, effective as of the date of the policy thereto. Stewart Title of Aspen, Inc. 602 E. Hyman Ave. r&alear-44. ` / Aspen, Colorado 81611 303) 925 -3577 ( Autt+forized Sure STEWART TITLE GUARANTY COMPANY • EXHIBIT 3 February 21, 1990 HAND DELIVERED Ms. Kim Johnson Aspen /Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Johnson: Please consider this letter authorization for Sunny Vann of Vann Associates, Inc. to represent me in the processing of a stream margin review and conditional use application for my property which is located adjacent to the Roaring Fork River and Red Butte Drive in the City of Aspen. Mr. Vann is hereby authorized to act on my behalf with respect to all matters reasonably pertaining to the aforementioned applica- tion. Should you have any questions, or if I can be of any further assistance, please do not hesitate to contact me at (818) 346 -5644. Sincerely, I t p I (f ) lam/ CYf k :L Sa lip() Y SV:cwv NOTICE TO ADJACENT PROPERTY OWNERS RE: SANDERS CONDITIONAL USE REVIEW FOR A SATELLITE DISH ANTENNAE AND STREAM MARGIN REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 8, 1990 at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Sunny Vann on behalf of Cheryl Sanders requesting Conditional Use Review approval for a Satellite Dish Antennae. The applicant is also seeking Stream Margin Review approval for an approximately 5,440 square foot addition to the existing single - family residence. The property is 1280 Red Butte Drive, Lot 1, Gaylord Subdivision. For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5090. s /C. Welton Anderson. Chairman Planning and Zoning Commission