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HomeMy WebLinkAboutcoa.lu.sm.Anderson.16-80 MEMORANDUM TO: Ron Stock, City Attorneyi Dan McArthur, City Engineer • FROM: Sunny Vann, Planning Office RE: Anderson Stream Margin Review - Special Review Application DATE: June 3, 1980 The attached is a request for Stream Margin Review submitted by Lightner Properties for the Anderson parcel, located on the east side of the Roaring Fork immediately south of the Cooper Street bridge. This item is scheduled to come before the Aspen Planning and Zoning Commission on July 8, 1980; therefore, may I please have your written comments regarding this application no later than June 18, 1980? Thank you. (Note: A fisherman's trail easement was dedicated at the time of subdivision for this property.) No. I V CASELOAD SUMMARY SHEET City of Aspen 1. DATE SUBMITTED: 6/3/80 STAFF: Sunny Vann, Jolene Vrrhnta 2. APPLICANT: Lightner Properties 3. REPRESENTATIVE: Raul of Jack Miller & Assoc. 925 -6930 PO Box 4285 Aspen 4. PROJECT NAME: Anderson Stream Margin Review 5. LOCATION: East of Roaring Fork, South of Hwy 82 at bridge 6. TYPE OF APPLICATION: Rezoning Subdivision Stream Margin P.U.D. Exception 8040 Greenline Special Review Exemption View Plane Growth Management 70:30 _ Conditional Use HPC Residential Bonus Other Stream Margin Review 7. REFERRALS: x Attorney Sanitation District _ School District X Engineering Dept. Fire Marshal _ Rocky Mtn. Nat. Gas _ Housing Parks State Highway Dept. _ Water Holy Cross Electric Other City Electric Mountain Bell 8. REVIEW REQUIREMENTS: /43/4,. ( p. S ectvt,t 02,4— 4 3 iod- �e-ot- 2 ' s /0 co di • 9. DISPOSITION: / P & Z Approved X Denied Date 7/i7 /, A mup. 4 S - L) ,/, - D 5c,,%½ .5 il+ Eitiapa. ii 01 14-tf'6ztn 44 6 /7_S/t3n ii . - ,L - --, ✓ . - , jl- 37`) -) / CetC )its (71c /iI rzi ,�/��. Council Approved Denied Date 10. ROUTING: Attorney )( Building n Engineering Other A I _ • MEMORANDUM TO: Sunny Vann, Planning Office FROM: Jay Hammond, Engineering Office DATE: June 25, 1980 RE: Stream Margin Review, Lot 1 Anderson Subdivision Having reviewed the above application for Stream Margin Review and made a site inspection, the Engineering Department has the fol- lowing comments: 1) It should be noted that the site plan submitted with the application is not a true lot. It is, in fact, a portion of lot 1 of the Anderson Subdivision as designated in the subdivision plat prepared by Alpine Surveys on September 28, 1979. I spoke with Jeff Sachs, the owner's attorney, the day before yesterday and he informed me that it is not their intention to create a new lot at this time, an action that would require growth management review. The appli- cation intends to create a duplex structure on the full lot 1 as designated in the subdivision referenced above. 2) Under the Anderson Subdivision agreement, dated November 30, 1979 (a copy of which is attached), replacement of the single family structure currently on lot 1 will require removal or demo- lition of said structure sixty days after issuance of a certificate of occupancy on the new dwelling. 3) Also under the subdivision agreement, creation of a duplex on lot 1 will require payment of a park dedication fee charged as to the difference between the total bedrooms now contained in the existing residence. The flood plain on the site creates a significant problem for development since it restricts the useable area of lot 1 signifi- cantly. The proposed development plan, however, does a good job of accomodating the 100 year flood line by fitting the construction outside the flood zone. Under the Stream Margin criteria the En- gineering Department recommends approval subject to the following: A) That existing contours within the flood zone be returned to the existing condition following construction as shown on the plan. B) The small second story cantilever shown on unit one is acceptable provided no support extends into the flood plain. C) No existing vegetation within the flood plain shall be removed or disturbed in the course of construction. D) Ground disturbed adjacent to the structure upon being re- turned to the pre- existing contour shall be seeded with a native Page 2 Re'. Stream Margin Revsew, Lot 1 Anderson Subdivs on mixture as recommended in the Roaring Fork Greenway Plan. E) Under no circumstances shall ground disturbance extend into the main streambed of the Roaring Fork, nor shall construction techniques be utilized which could contribute sediment to the stream. • • • MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jolene Vrchota, Planning Office RE: Anderson /Lightner Stream Margin Review DATE: June 3, 1980 The applicant proposes to build an approximately 5,500, two story duplex on a parcel of land located immediately adjacent to the eastern boundary of the Roaring Fork River and south of Cooper Avenue - Colorado State Highway 82 (Lot 1, Anderson Subdivision). The proposed structure is within 100 feet of the Roaring Fork River, and is therefore subject to stream margin review. While the foundation of the proposed structure lies outside the floodplain boundary, the front wood decks and north dining room cantilever over the boundary on the second floor from approximately 1 foot to 8 feet maximum at the north deck. No portion of the structure below the second floor projects into the floodplain. The Engineering Department has reviewed the applicant's development plan for compliance with Section 24 -6.3 of the Municipal Code and recommends approval subject to the following: 1. That existing contours within the flood zone be returned to their original condition following construction, as shown on the plan. 2. The small second story cantilever shown on Unit 1 is acceptable provided no support extends into the floodplain. 3. No existing vegetation within the floodplain shall be removed or disturbed during the course of construction. 4. Ground disturbed adjacent to the structure upon being returned to the pre- existing contours shall be seeded with a native mixture as recommended in the Roaring Fork Greenway Plan. 5. Under no circumstances shall ground disturbance extend into the main stream bed of the Roaring Fork, nor shall construction tech- niques be utilized which could contribute sediment to the stream. The Roaring Fork Greenway Plan of 1973 suggests a trail corridor on the Anderson property, running along the Roaring Fork River. During the County's Trail Master Planning efforts in 1979, community input suggested that this alignment is appropriate for fisherman's access, but not for a higher - impact paved bicycle trail. Therefore, a fisherman's access trail was dedicated as part of the recent Anderson Subdivision approval. There is no need for further action in this stream margin review. While the proposed building site falls within the Roaring Fork Greenway, impact upon existing ecological systems is suspected to be mimi.ma1. The Planning Office, therefore, recommends approval subject to the Engineering Department's conditions outlined above. • JACK MILLER & ASSOCIATES, A.I.A. 4 \ �j - 0 ARCHITECTURE /PLANNING 7 P.O. BOX 4285 ASPE CO. 8 1611 �. 1 303-925 -6930 • June 1, 1980 j Planning Department City of Aspen -- 130 S. Galena , Aspen, CO 81611 • Subject: Stream Margin Review Duplex - Anderson Parcel Dear Sirs: . The proposed structure is a duplex of approximately 5500 square feet, 3000 being on the south and 2500 on the north with an attached garage for each side. The building will be located as indicated on the site plan with the foundation following outside of the flood plain line. Due to the restrictive location of the flood plain, the front wood . decks and north dining room will cantilever over the line on the 2nd floor from 1' to 8' maximum at the north deck. No portion of the structure below the 2nd floor will project into the flood plain. The stucture itself will be of exposed glu. lam beams with natural exterior cedar siding and shake shingles. The maximum height will be 25' at mid gable and within the city height restrictions. Sincerely, Jack Miller • • . . • f • • .1` • • .: -I`.. A ' r , T -_ter 4 • k . • \F l t . wlr •, .: 11 is %... • 1 ' 1 . ' , .. . ..�- ` " � !RSA 1 \ 1111111111,1 )-- ...4) ' -._.::\\\ A ,.. \ .--- Y �I i; \� O \ \ ..� `��� \ \ t & N /‘ 4 <' . "Or �,, o \ N. J • : \\� . I , p ' ‘ iii00, ..- \::\\•■•.\,..L....\::N% 4 7: 76 ,.• \\L\t • I ' -a4a.. O ''`...„„.. z j . : . ) N --at- 0111 11100111" 0 X • X . WI z . 7 f \N z K , 1.,_,,,,....„..„-- ,< y c<, I- z' 7 1 1 -S: \\ \iirC;>. 1. w y 45.5 a - 9.911 0 77 \ ,,, c1/47,X IP .. \ • O a .1/4 c.g. , v- . 4 7 , , , ",.. . : ' n ) . S. 1 1. . _' --; 4 I lk_ . • . \ , k \ :(r> -7 >\- \ .. - - te>40, \ ''._ • - • V 4 7:2AM.)\-1. \ ' 7.-2 ..... ..-- .) 1 . --. \.' : . • N. ---ztklex \ •01( P AP .11 , r x'''''''------H 13 --;- 0\ \_...--- ......--- D ..\....,,,_____ k & ' Cam\ \ . .:r‘ . I\ X v -Td �� ; 7 [ /2 - /U- SUBDIVISION AGREEMENT ANDERSON SUBDIVISION • This Agreement is made and entered into this _M day of November, 1979, by and between the City of Aspen, Colorado, a municipal corporation (the "City ") and Albert W. Anderson, Trustee and Edwin Paul Anderson, Trustee (the "Subdividers "). • W X T N E S S E T H : • WHEREAS, the Subdividers hold record title to a parcel of land situated in the City of Aspen, County of Pitkin, State of Colorado, as more particularly described in Exhibit A attached hereto; and • WHEREAS, the Subdividers have submitted to the City for approval, execution and recording a subdivision plat of the above described property, such subdivision to be known and designated as the "Anderson Subdivision "; and ' WHEREAS, the City has fully considered such subdivision plat„and is willing to approve, execute and accept such plat for recording upon agreement to . the matters hereinafter described, which matters are deemed necessary to protect, • promote and enhance the public welfare; and WHEREAS, the Subdividers and the City wish to reduce their agreement to writing. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, and the approval, execution and acceptance of said subdivision plat by the City for re- cording, the parties hereto hereby agree as follows: 1. The City agrees to forever waive any and all park dedication fees applicable to one single family residence to be constructed on Lot 2 of the Anderson Subdivision. 2. If the owners of Lot 1 of the Anderson Subdivision replace the existing single family residence located on said lot, the City agrees to allow a period of sixty days following the issuance of certificate of occupancy for the new structure on said Lot 1 before requiring the removal or destruction of the old structure located on said Lot 1. • 3. If a duplex residence is constructed on Lot 1, . Anderson Subdivision, to replace the existing single family residence located thereon, a park dedication fee shall be charged by the City only as to the difference between the total number of bedrooms in said new duplex structure less the number of bedrooms as now contained in the existing single family residence. 4. The plat of the Anderson Subdivision dedicates an unpaved fisherman's easement approximately twenty feet wide along the easterly bank of the Roaring Fork River adjacent to such subdivision. The City hereby agrees to maintain the easement in an attractive and practical manner, and the City further agrees to indemnify, save and hold harmless the Subdividers as the owners of Lot'l and their successors and assigns against any and all injuries which may occur to persons or property as a result of the use of said fisherman's easement, including any attorney's fees and disbursements incurred in defense of any such claims; provided, however, that the indemnitee shall promptly notify the City as to the • assertion of any such claim and shall tender the legal defense thereof to the City. This indemnity agreement by • I the City shall remain in full force and effect unless and until the City shall abandon said easement or relinquish its rights therein by written instrument recorded in the real property records of Pitkin County, Colorado. 5. The covenants and agreements of the City and the subdivider herein contained shall be deemed covenants that run with the land, shall burden the land included within the Anderson Subdivision, and shall'bind and be specifically enforceable against all subsequent owners thereof, including the Subdividers, their heirs, personal representatives, successors in interest and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. • EQwii.1 Paul Anderson, Trustee Albert W. Anderson, Trustee ATTEST: CITY OF ASPEN: . By: By: / i / i C "� \ City Clerk ayor • • STATE OF COLORADO) ) ss. 'COUNTY OF PITKIN ) • �" The forgoing instrument was acknowledged before me this,xj" day of 7 nrt ti, , 1979, by EDWIN PAUL ANDERSON, Trustee and ALBERT w. ANDERSON, Trustee. WITNESS my hand and official seal. My commission expires: reommission Expires May 1q 1283 L / 4 No.ar /' `ubl c , • • • • • Le • EX11I11IT A • • 1 • • A tract of land situated in Northwest quarter, No:thca:a quarter of Section 18, Township 10 South, Range 84 West ul 1hh Sixth PrinvipalMeridian and being parts of Lots 1, 2, and 3 in Block 9 of Riverside Addrton:: of Riverside Placer MS 3905 AN and Tract B of East Aspen Additional Townsite a:; shown on "Survey Aspen Town - site Addition" plat approved by the Bureau of Land Management May 21, 1957 described as follows: Beginning at a point being South 00 °14' Wcst 83.58 feet on line 6 -7 Riverside Placer HS 3905 AM from Corner 6 Riverside ('lacer, thence on a curve to the right With a radius of 793.53 feet a distance of 82.00 feet to the Easterly Bank of the Roaring Fork River (chord bears South 81 ° 24'20" Wcst 81.96 feet); thence North- easterly along the Easterly edge of the Roaring Fork River 312 feet more or less to line ,4 -5 Riverside Placer MS 1905 AM (chord bears North 17 ° 43' East 310.71 feet); thence North 45 ° 00' West 17.80 feet to Corner 4 Riverside Placer MS 3905 AM; thence North 00 ° 14' East 53.14 feet along line 4 -3 Riverside Placer MS 3905 AM to the Southerly right of way line of Colorado Highway No. 82, as described in deed to Department of Highways recorded September 24, 1956 in Book 176 at Page 471; thence South 75 ° 09' East 187.30 feet along the Southerly right of way line of Colorado Highway No. 82; • thence South 74 ° 53' East 14.22 feet alongthe Southerly right of way line of Colorado Highway No. 82, to the Easterly lot line of tot 2 Riverside Addition; thence South 14 ° 54' West 269.43 feet along the Easterly line Lot 2 6 3 Riverside Addition; thence on a curve to the right with a radius of 793.51 feet a distance of 132.59 feet (chord bears South 73 ° 39'30" West 132.44 feet) to the po:nc of beginning. • • • • • • • • •