HomeMy WebLinkAboutLand Use Case.1110 Waters Ave.A008-98 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING APPROVAL OF A STREAM MARGIN REVIEW AND SPECIAL
REVIEW, AS WELL AS A CONDITIONAL USE FOR AN ACCESSORY
DWELLING UNIT ON LOT TEN OF THE CALDERWOOD SUBDIVISION, 1110
WATERS AVENUE, CITY OF ASPEN
Resolution 98- O5'
WHEREAS, The Community Development Department received an application from
Alan Richman Planning Services on behalf of Bill and Claudia Coleman, owners, for Stream
Margin Review and Special Review of a proposed remodel of and addition to an existing
residence, and Conditional Use Review of a below -grade Accessory Dwelling Unit having
approximately five hundred fifty (550) square feet of living area; and
WHEREAS, pursuant to Section 26.68.040 of the Aspen Municipal Code, Stream
Margin Review applications may be approved at a public meeting by the Planning and Zoning
Commission; and
WHEREAS, pursuant to Section 26.64.040(D) of the Aspen Municipal Code, Special
Review for "Essential" development within the Stream Margin may be approved at a public
meeting by the Planning and Zoning Commission; and
WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory
Dwelling Units may be approved at a public hearing by the Planning and Zoning Commission as
Conditional Uses in conformance with the requirements of said Section; and
WHEREAS, the Housing Office, the City Engineering Department, the Parks
Department, the City Zoning Officer, the Aspen Consolidated Sanitation District, arid the
Community Development Department reviewed the proposal and recommended approval with
conditions; and
WHEREAS, a public meeting regarding the Stream Margin Review and Special Review
applications was held at a regular meeting of the Planning and Zoning Commission on March 17,
1998, at which the Commission approved by a vote of 6 -0 the Stream Margin Review and
Special Review for the 1110 Waters Avenue remodel and addition with the conditions
recommended by the Community Development Department as amended; and
WHEREAS, a public hearing, which was legally noticed, was held at a regular meeting
of the Planning and Zoning Commission on March 17, 1998, at which the Commission approved
by a 6 -0 vote the Conditional Use for the 1110 Waters Avenue Residence's Accessory Dwelling
Unit with the conditions recommended by the Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Section One:
The proposed Stream Margin Review and Special Review for the renovation of and addition
to the single - family residence at 1110 Waters Avenue (Lot 10, Calderwood Subdivision) is
hereby approved with the following conditions:
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1. The final plat shall indicate the easterly edge of the building envelope such that it
corresponds with (is identical to) the westerly edge of the fifteen (15) foot no -build zone
(stream margin setback). All development to the east of this building envelope shall be non-
conforming, thus, the remodel of the existing house will be treated as a nonconforming
situation where the approved changes are allowed, provided they do not increase the degree
of non - conformity. Consequently, no part of the remodeled structure will be allowed to be
located closer to the river than is the corresponding part of the existing structure, including
but not limited to the proposed decks.
2. The final plat shall be reviewed for approval by the Engineering and Community
Development Departments, and then recorded by the applicant with the Pitkin County Clerk
and Recorder.
3. Prior to issuance of any demolition, excavation, or building permits, the building envelope
shall be delineated by construction fencing incorporating sediment webbing from a point
approximately thirty (30) feet back from the top of slope and around the river -side of the
envelope to minimize the sedimentation potential along the two side yards and the river
frontage. The barricades shall remain in place until the later of either the issuance of a
Certificate of Occupancy or the completion and establishment of the landscaping.
4. The building permit application shall include a permanent erosion control plan, and a
temporary sediment control and contaminant plan for the construction phase; the applicant
shall submit a drainage report and mitigation plan signed and stamped by an engineer
registered in the State of Colorado with their building permit application, and the provisions
of this plan are required to meet the runoff design standards of Section 26.88.040(C)(4)(f);
if a ground injection or re- charge type drainage system is proposed, the percolation rate of
the soils must to be measured and included with the plan set submitted for the building
permit application; and, provisions for drainage of the hot tub shall be reviewed for approval
by the Environmental Health Department prior to the issuance of any building permits.
5. Prior to the issuance of any building permits, a tree removal permit must be obtained from
the Parks Department for any tree(s) that is /are to be removed or relocated (including scrub
oaks of three (3) inches or greater); also, no excavation can occur within the dripline of the
tree(s) to be preserved and no storage of fill material can occur within this /these dripline(s).
6. If any outdoor lighting is used on the subject property, it will not be directed toward the river
or located down the slope, nor will it cause glare or hazardous conditions. All outdoor
lighting shall employ down - directional, sharp cut -off fixtures, and those fixtures set along
walkways (if any) shall be set at no more than twelve (12) inches above finished grade.
7. The applicant shall have a wetlands delineation conducted in the Spring of 1998 by a
qualified expert; said delineation shall be submitted to the Parks Department.
8. The creation of the proposed stepping stone walkway outside of the designated building
envelope is hereby approved. In the case of a flood or other cause of damage, the owner
must repair any portion of this improvement (walkway) that fails or is otherwise damaged
and remove any portion that is dislodged and carried downstream; such repairs must be
completed within one growing season.
9. If the proposed use, density, or timing of the construction of the project change, or the site,
grading, drainage, parking, or utility plans for this project change subsequent to this
approval, a complete set of the revised plans shall be provided to the Engineering and
Community Development Departments for review and re- evaluation.
10. All material representations made by the applicant in this application and during public
meetings with the Planning and Zoning Commission shall be adhered to and shall be
considered conditions of approval, unless otherwise amended by a Board /Commission
having authority to do so.
Section Two:
The Conditional Use for a below -grade Accessory Dwelling Unit containing approximately 550
square feet of net livable area, attached to the proposed 1110 Waters Avenue residence on Lot
Ten of the Calderwood Subdivision is approved with the following conditions:
1. Prior to the issuance of any building permits the applicant shall:
a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling
Unit contains between 300 and 700 square feet;
b. Verify with the Housing Office that the ADU will contain a kitchen having a minimum
of a two -burner stove with oven, standard sink, and a 6 -cubic foot refrigerator plus
freezer;
c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of
which must be obtained from the Housing Office;
d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a
separate one - bedroom unit;
e. Provide a minimum of one off - street parking space for the ADU that shall be shown and
designated on the final plans;
£ Install any new surface utilities requiring a pedestal or other above ground equipment on
an easement provided by the property owner and not within the public rights -of -way;
g. Locate any additional proposed construction, including trash facilities, in such a way that
it does not encroach into an existing utility easement or public right -of -way;
h. Agree to join any future improvement district(s) which may be formed for the purpose of
constructing improvements in adjacent public rights -of -way; the agreement shall be
executed and recorded concurrently upon approval of this application;
i. Submit working drawings to verify all height, setback, and floor area calculations, as
well as lot size and lot area calculations;
j. Complete and record a Sidewalk, Curb & Gutter Agreement;
k. A tap permit must be completed at the office of the Aspen Consolidated Sanitation
District; payment of the total connection charges shall be made prior to the issuance of a
building permit;
1. If the building is found to contain 5,000 square feet or more of living area, approval and
installation of an automatic fire suppression system will be required;
m. Verify that the proposed plans for the ADU will comply with all UBC requirements
including but not limited to those addressing natural light and ventilation standards, as
well as sound attenuation walls between the ADU and principal residence; and,
n. Submit building permit drawings which indicate all utility meter locations; utility meter
locations must be accessible for reading and may not be obstructed by trash storage. The
plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot
wide buffer for snow storage.
2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall:
a. Submit as -built drawings of the project showing property lines, building footprint,
easements, any encroachments, entry points for utilities entering the property boundaries
and any other improvements to the Aspen/Pitkin County Information Systems
Department in accordance with City GIS requirements, if and when, any exterior
renovation or remodeling of the property occurs that requires a building permit; and,
b. Permit Community Development Department, Engineering and Housing Office staff to
inspect the property to determine compliance with the conditions of approval.
3. In the event required, the applicant must receive approval from:
• The City Engineer for design of improvements, including landscaping, within public
rights -of -way;
• The Parks Department for vegetation species, tree removal, and/or public trail
disturbances;
• The Streets Department for mailboxes and street cuts; and,
• The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights -of -way.
4. Prior to the issuance of any building permits, a review of any proposed minor changes from
the approvals, as set forth herein, shall be made by the Planning and Engineering
Departments, or referred back to the Planning and Zoning Commission.
5. The applicant shall provide a roof overhang or other sufficient means of preventing snow
from falling on both the stairway leading to the door and the area in front of the door to the
ADU; sufficient means of preventing icing of the stairway is also required.
6. All material representations made by the applicant in this application and during public
meetings with the Planning and Zoning Commission shall be adhered to and shall be
considered conditions of approval, unless otherwise amended by a Board/Commission
having authority to do so.
APPROVED by the Commission at its regular meeting on March 17, 1998.
APPROVED AS TO FORM:
0:4 l
David Hoefer, Assistant ity Attorney
Attest: Planning and Zoning Commission:
/ j ;g ait-UAL)
/a ckie Lothian, Deputy City Clerk Sara Garton, Chairperson
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Stan Clauson, Community Development irectof
Julie Ann Woods, Deputy Directo
FROM: Mitch Haas, Planner A R(
RE: 1110 Waters Avenue Special Review, Stream Margin Review and,
Conditional Use for an Accessory Dwelling Unit (ADU). Lot 10,
Calderwood Subdivision, City of Aspen Parcel I.D. No. 2737 - 181 -27 -002.
DATE: March 17, 1998
SUMMARY: The applicant is requesting Stream Margin Review and Conditional Use
approval. The subject property is located at 1110 Waters Avenue (Lot 10, Calderwood
Subdivision). The proposal includes the remodeling of an existing single family house by
removing less than 50% of the structure and constructing an addition that would include an
Accessory Dwelling Unit (ADU). The existing structure on the property is located well
within the "top of slope" of the river bank. Since full demolition is not proposed, this
situation would not be completely alleviated by the proposed development. However, the
proposal would significantly decrease the amount and bulk of structure located within the
stream margin, but due to the nature of the proposed development, the Stream Margin
Review standards require that Special Review approval be obtained for the remodeling
request as it would represent development within the stream margin area.
The proposed ADU would be located below grade, attached to the corresponding, primary
residence. The proposed ADU is completely voluntary as it is not needed for mitigation
purposes or for a GMQS exemption. Therefore, no FAR bonus is being requested, and
although a deed restriction will be required, occupancy of the ADU will not be mandatory.
The applicant's Stream Margin Review and Conditional Use Application is attached as
Exhibit A, and referral comments from Engineering, Housing, Zoning, the Aspen
Consolidated Sanitation District (ACSD), and Parks are included as Exhibit B.
Community Development Department staff recommends that the Stream Margin
Review, Special Review, and Conditional Use for the Accessory Dwelling Unit (ADU) at
1110 Waters Avenue be approved, subject to conditions.
APPLICANT: Bill and Claudia Coleman, represented by Alan Richman Planning Services,
Lipkin Warner Design & Planning, and Design Workshop.
LOCATION: Lot 10 (ten) of the Calderwood Subdivision is located at 1110 Waters Avenue
in the City of Aspen. The lot is bounded by Waters Avenue to the west and the Roaring Fork
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River to the east (See attached vicinity map). The surrounding uses are all residential in
nature.
ZONING: Moderate - Density Residential (R -15)
CURRENT LAND USE: Detached single - family residential.
LOT SIZE: The subject site has a lot size of 16,298 square feet (0.37 acres), but for
purposes of calculating the allowable FAR, approximately 2,095 square feet must be
deducted as these areas are either below the high water line or subject to slope reductions.
(These numbers are estimates and will be subject to verification by the City Zoning Officer
prior to the issuance of any building permits).
ALLOWABLE FAR: The allowable FAR on the subject lot is based on a lot area of 14,203
square feet (due to the reductions explained above), resulting in a permissible floor area of
4,444 square feet. (This FAR calculation is an estimate only and will be subject to
verification by the City Zoning Officer prior to the issuance of any building permits).
PROPOSED LAND USE: One detached single - family residence with a corresponding
accessory dwelling unit. Detached residential dwellings are permitted uses on lots of 15,000
square feet or greater in the R -15 zone district.
REVIEW PROCEDURE: Accessory Dwelling Units (ADUs) require conditional use
approval by the Planning and Zoning Commission at a public hearing. It is a one -step
review that requires notification to be published, posted and mailed in accordance with
Section 26.52.060(E). The Stream Margin Review and its associated Special Review are
one -step processes as well, however, they culminate in a public meeting before the Planning
and Zoning Commission. The difference lies in the fact that public meetings do not carry
notice requirements or the need to take public comment.
The following sections of the code are applicable to the review of the 1110 Waters Avenue
development application: Section 26.68.040, Stream Margin Review; Section 26.64.040(D),
Special Review; Section 26.40.090, Accessory Dwelling Units; Section 26.28.050,
Moderate - Density Residential (R -15); Section 26.60.040, Standards Applicable to All
Conditional Uses; and, Section 26.58.040, Residential Design Standards.
Pursuant to Section 26.58.040, Residential Design Standards, Community Development
Department staff reviewed this proposal against the Residential Design Standards and found
that the submitted development application complies with the requirements of said section.
BACKGROUND: The current proposal is for Stream Margin Review (with Special
Review) approval as well as Conditional Use approval of an ADU. The ADU would be
attached to the westerly (front) end of the primary residence, below grade. As proposed, the
ADU would be approximately 550± square feet and would have its own kitchen, bathroom,
and access, as required by code. The two -car garage and two -space parking pad in the
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driveway, would provide one more than the three (3) required off - street parking spaces (See
Exhibit A).
REFERRAL COMMENTS: The comments from the City Engineering, Housing, Zoning,
and Parks Departments as well as the ACSD are included as Exhibit B.
STAFF COMMENTS:
Section 26.68.040, Stream Margin Review
Because development is proposed within one hundred (100) feet of the high water line of the
Roaring Fork River, this proposal is subject to stream margin review. Section 26.68.040(B)
states that "no development shall be permitted within one hundred (100) feet, measured
horizontally, from the high water line of the Roaring Fork River and its tributary streams, or
within the Special Flood Hazard Area where it extends beyond one hundred (100) feet from
the high water line of the Roaring Fork River and its tributary streams, unless the
Commission makes a determination that the proposed development complies with all the [14]
standards set forth below:" These standards, and staff's evaluation of the proposal relative to
them, are presented below.
1. It can be demonstrated that any proposed development which is in the Special Flood
Hazard Area will not increase the base flood elevation on the parcel proposed for
development. 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; and
RESPONSE: The one hundred (100) year flood plain of the Roaring Fork River is shown on
the submitted Improvement Survey and the proposed site plan, both of which are included in
Exhibit A.
The flood plain depicted on the site plan and Improvements Survey reflects the 1987 FEMA
maps prepared for Pitkin County. The proposed site plan illustrates that the structures would
be located outside of the flood plain boundary. Therefore, the proposed development will
not have any impact on the base flood elevation.
2. Any trail on the parcel designated on the Aspen Area Comprehensive Plan:
Parks /Recreation /Open Space /Trails Plan map, or areas of historic public use or
access are dedicated via a recorded easement for public use. Dedications are
necessitated by development's increased impacts to the City's recreation and trail
facilities including public fishing access; and
RESPONSE: No trails are designated through this property on the Trails Plan Map. The
Parks Department, however, has requested a fisherman's easement on the island and into the
middle of the river where the property ends (see Exhibit B). Fisherman's easements are
commonly requested during stream margin reviews and are recommended in the Roaring
Fork Greenway Plan.
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3. The recommendations of the Roaring Fork Greenway Plan are implemented in the
proposed plan for development, to the greatest extent practicable; and
RESPONSE: The Roaring Fork Greenway Plan recommends that trees not be cut along the
River, that the River not be filled in and its banks not be graded. It also recommends that
disturbed areas be brought back to as natural a state as possible, including the use of native
plant species. The proposal does not require any trees to be removed along the River, nor
does it require any filling in of the River or grading of its banks. The landscape plan
proposes that native species of trees and shrubs be planted around the proposed building.
The application also includes a commitment to preserve existing riparian vegetation in an
undisturbed state, except for limited pruning of unhealthy branches and planting of riparian
vegetation similar to the species presently found on the property.
The Parks Department memorandum, attached as Exhibit B, recommends that a fisherman's
easement be granted pursuant to both this criterion and the recommendations of the Roaring
Fork Greenway Plan. Staff finds that the recommendations of the Greenway Plan are being
accommodated by the proposed plan, provided a fisherman's easement is granted with the
recording of a final plat.
4. There is no vegetation removed or damaged or slope grade changes (cut or fill)
made outside of a specifically defined building envelope. A building envelope shall
be designated by this review and said envelope shall be barricaded prior to issuance
of any demolition, excavation or building permits. The barricades shall remain in
place until the issuance of Certificate of Occupancy; and
RESPONSE: The Engineering Department has agreed with the proposed top of slope
elevation and contour represented on the submitted site plan (assumed elevation 98'). The
proposed development would not remove or damage stream bank vegetation, nor would it
necessitate stream bank slope grade changes. However, the proposed building envelope
includes a significant area to the east of (lower than) the top of slope and its fifteen foot "no
build" zone. Staff realizes that the intention of proposing this envelope is to accommodate
the existing structure, but does not agree with the layout of the envelope as proposed.
Rather, staff is of the opinion that the easterly edge of the building envelope should be set at
the westerly edge of the no build zone, making everything east of this envelope non-
conforming. The result of this recommendation would be that the remodel of the existing
house would be treated as a nonconforming situation where the changes are allowed,
provided they do not increase the degree of nonconformity. Thus, no part of the remodeled
structure would be allowed to be located closer to the river than is the corresponding part of
the existing structure, including the proposed decks. The need to provide barricading is a
recommended condition of approval.
5. The proposed development does not pollute or interfere with the natural changes of
the river, stream or other tributary, including erosion and/or sedimentation during
construction. Increased on -site drainage shall be accommodated within the parcel
to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained
outside of the designated building envelope; and
RESPONSE: The proposed development would not interfere with or change the River's
course, nor would it cause pollution of the River. The proposed drainage plan for the site
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would have runoff from the residence and its associated development (such as patios and the
driveway) diverted to a drywell, thereby preventing said runoff from entering the river or
flowing onto the river banks. The proposal would also have the hot tub drain within the
building envelope.
Notwithstanding the foregoing paragraph, staff is recommending the following as conditions
of approval: (1) the building permit application will be required to include a permanent
erosion control plan, and a temporary sediment control and contaminant plan for the
construction phase; (2) the applicant is required to submit a drainage report and mitigation
plan signed and stamped by an engineer registered in the State of Colorado with their
building permit application, and the provisions of this plan are required to meet the runoff
design standards of Section 26.88.040(C)(4)(f); (3) if a ground injection or re- charge type
drainage system is proposed, the percolation rate of the soils will need to be measured and
included with the plan set submitted for the building permit application; and, (4) provisions
for drainage of the hot tub will need to be reviewed by the Environmental Health 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; and
RESPONSE: No such alteration or relocation is proposed, thus no written notice is required.
7. A guarantee is provided in the event a water course is altered or relocated, that
applies to the developer and his [or her] heirs, successors and assigns that ensures
that the flood carrying capacity on the parcel is not diminished; and
RESPONSE: Since no alteration or relocation is proposed, a guarantee is not required.
8. Copies are provided of all necessary federal and state permits relating to work
within the one - hundred- yearfloodplain; and
RESPONSE: Since no work is proposed within the 100 -year flood plain, copies of permits
are not applicable or necessary.
9. There is no development other than approved native vegetation taking place below
the top of slope or within fifteen (15) feet of the top of slope or the high waterline,
whichever is most restrictive. This is an effort to protect the existing riparian
vegetation and bank stability. If any development is essential within this area, it may
only be approved by special review pursuant to Section 26.04.100; and
RESPONSE: The proposed site plan (see Exhibit A) depicts both the top of the stream bank
and the fifteen (15) foot setback from the top of slope. It illustrates that the top of the stream
bank cuts through the middle of the existing residence, while the fifteen foot setback cuts
through the front of the residence. While the proposed development has been oriented such
that the entire addition to the house would occur outside of the fifteen foot setback, the
remodel of the existing structure would inevitably involve construction below the top of
slope and within the fifteen foot no -build zone. Although the proposed remodel would
reduce the amount of existing development (i.e., size and bulk of structure) that is located
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within the fifteen foot setback and no -build zone, the standard is very clear in requiring that
any development considered to be "essential" and located in the regulated areas, may ONLY
be approved by Special Review pursuant to Section 26.64.040(D). Provided Special Review
approval is obtained for the proposed remodel, staff believes that criterion number 9 is met
with the proposed development plan. (See Special Review section of this memorandum,
below).
10. All development outside the fifteen (15) foot setback from the top of slope does not
exceed a height delineated by a line drawn at a forty-five (45) degree angle from
ground level at the top of slope. Height shall be measured and determined by the
Zoning Officer utilizing that definition set forth at Section 26.04.100; and
RESPONSE: The applicant has provided these drawings (see Exhibit A), demonstrating that
the proposed addition would not exceed the height delineated by a line drawn at a forty -five
(45) degree angle from ground level at the top of slope. The site section shows the top of
bank, the forty -five (45) degree angle from ground level, and the proposed residence. The
drawing shows that all of the proposed addition would occur below the progressive height
limit set by the forty-five (45) degree angle. The site section also demonstrates how the
proposed remodel would reduce the bulk and profile of the existing structure in relation to
the progressive height limit.
11. A landscape plan is submitted with all development applications. Such plan shall
limit new plantings (including trees, shrubs, flowers, and grasses) outside of the
designated building envelope on the river side to native riparian vegetation; and
RESPONSE: Two (2) landscape plans have been submitted and are included with Exhibit A.
One of the plans depicts existing conditions and the other indicates the proposed plantings.
The plan showing the existing vegetation on the site identifies the location and diameter of
the existing trees and, also, identifies existing shrub masses and large rocks.
The majority of the larger trees on the property (i.e., trees with a diameter of 6" or greater)
are located below the fifteen foot setback from the top of slope, and would remain
undisturbed. The rest of the trees are located toward the front of the lot, and while many of
these trees would also remain undisturbed, some fall within the footprint of the proposed
addition or within the proposed driveway. The applicant will attempt to relocate three (3) of
the Spruce trees on -site; six (6) Aspen trees and one (1) Spruce tree would be removed and
replaced on -site.
The proposed landscape plan shows the replacement trees that would be planted, together
with the existing trees that would be preserved. It illustrates that trees would be planted
around the perimeter of the entire property (except along the river frontage), to provide a
buffer between neighboring properties. The proposed landscaping would more than
compensate for that which would be removed, both in terms of the value and the caliper
mass of the trees. In fact, it would overcompensate according to the referral memo provided
by the Parks Department (see Exhibit B). The Parks Department memo states that the
proposed planting schedule seems to include "an excessive number of trees to be planted
given that the lot already has numerous trees." The Parks Department suggests planting
fewer Aspens and one or two less Spruce trees.
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A tree removal permit will be required prior to issuance of a building permit. The Parks
memo notes that the existing landscape conditions plan shows an area of scrub oak, and that
scrub oaks of three (3 ") inches or greater require tree mitigation. Any applicable scrub oaks
that would be removed should be indicated on the tree removal permit.
12. All exterior lighting is low and downcast with no light(s) directed toward the river or
located down the slope; and
RESPONSE: In response to this criterion, staff is suggesting the following condition(s) of
approval: "If any outdoor lighting is used on the subject property, it will not be directed
toward the river or located down the slope, nor will it cause glare or hazardous conditions.
All outdoor lighting shall employ down - directional, sharp cut -off fixtures, and those fixtures
set along walkways (if any) shall be set at no more than twelve (12) inches above finished
grade."
13. Site sections drawn by a registered architect, landscape architect, or engineer are
submitted showing all existing and proposed site elements, the top of slope, and
pertinent elevations above sea level; and
RESPONSE: The applicant, submitted site sections showing all of the required site
elements. The submitted sections were prepared by registered architects of Lipkin -Wamer
Design and Planning. These illustrations are included with Exhibit A.
14. There has been accurate identification of wetlands and riparian zones.
RESPONSE: The existing landscape conditions plan indicates a line of "probable extent of
wetlands, to be determined in spring." Consequently, and pursuant to the recommendations
contained in the Parks Department referral memo, staff is recommending that the applicant
be required to have a wetlands delineation conducted in the spring (of 1998) by a qualified
botanist or other wetlands expert. Conditions requiring silt fencing and erosion control plans
are also suggested by staff. The Parks Department further suggests that the applicant obtain
a 404 permit review to ensure that the Army Corps of Engineers has no concerns with this
development.
Section 26.64.040(D), Special Review for "Essential" Development Within the
Stream Margin
Pursuant to criterion number 9 of Stream Margin Review (see above), the proposed remodel
must obtain Special Review approval. Pursuant to Section 26.64.040(D), "whenever a
special review is for development above or below grade within the fifteen -foot setback from
top of slope as identified on a site specific section drawing or above the height limit
established by the ESA [Environmentally Sensitive Area], the development application shall
be approved if the following conditions have been met:"
1. A unique condition exists on the site where strict adherence to the top of slope
setback will create an unworkable design problem.
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•
RESPONSE: The development of the subject site and its associated stream margin review
represents a somewhat unique situation since the property contains an existing structure that
the applicant seeks to maintain, albeit in a remodeled form. The existing house is located
well within the "top of slope" of the river bank. In fact, the top of the stream bank cuts
through the middle of the existing residence, while the fifteen foot setback cuts through the
front of the residence. Since full demolition is not proposed, this situation would not be
completely alleviated by the proposed development. However, the proposal would
significantly decrease the amount and bulk of structure located within the stream margin.
Strict adherence to the top of slope setback would, in this case, create an unworkable design
problem making it impossible to retain any portion of the existing structure.
2. Any intrusion into the top of slope setback or height limit is minimized to the greatest
extent possible.
RESPONSE: The proposed remodel would remove approximately nine (9) feet from the
portion of the existing structure encroaching into the top of slope setback. The proposal
includes the creation of a stepping stone footpath/walkway that would encroach into the
stream margin area, but would not involve any grading, excavation, or other site
manipulation; the proposed walkway may not even count as "development" under the
definitions provided in the Land Use Code. Staff does not believe the stepping stone
walkway would compromise the intent of the stream margin review regulations and, thus,
does not think its creation should be precluded. The applicant is not seeking relief from the
stream margin review height limit as the proposed remodel would reduce the height of the
existing structure by approximately five and one -half (5.5) feet and the proposed addition
complies with the progressive height limit. Staff feels that the proposal (including the
creation of the stepping stones walkway) complies with this standard.
3. Other parts of the structure or development on the site are located outside the top of
slope setback line or height limit to the greatest extent possible.
RESPONSE: The entirety of the proposed addition would be located outside the top of slope
setback line and within the height limit.
4. Landscape treatment is increased to screen the structure or development in the
setback from all adjoining properties.
RESPONSE: See the proposed landscape plan attached with Exhibit A. Staff is satisfied
that the proposal complies with this standard. For further information regarding the rationale
behind this conclusion, please refer to the staff response to criterion number 11 of the Stream
Margin Review portion of this memorandum, above, as well as the referral memo from the
Parks Department attached hereto as Exhibit B.
Section 26.40.090, Accessory Dwelling Units
The proposed ADU would be attached to the westerly (front) end of the primary residence,
below grade, and would be deed restricted, meeting the housing authority's guidelines for
resident occupied units, limited to rental periods of not less than six (6) months in duration.
8
The owners of the principal residence would retain the right to place a qualified employee(s)
of his/her choosing in the ADU. As proposed, the ADU would be approximately 550±
square feet and would have its own kitchen, bathroom, and access, as required by code. The
two -car garage and two -space parking pad in the driveway, would provide one more than the
three (3) required off - street parking spaces (See Exhibit "A "). Therefore, the proposal
complies with the requirements of Section 26.40.090(A)(1).
Pursuant to Section 26.40.090(A)(2), the ADU is subject to all of the dimensional
requirements of the underlying zone district, Moderate - Density Residential (R -15), because
it will be attached to the principal residence. Staff conducted an evaluation of the proposal
against these requirements, and found it to comply with the zoning. Also, since the ADU
will be attached to the primary residence, Section 26.490.090(A)(3) is not applicable.
Section 26.40.090(A)(4) states that "an attached accessory dwelling unit shall utilize alley
access to the extent practical." This standard is not applicable as there is no alley that would
serve the subject site. Similarly, Section 26.40.090(B), Development Review Standards,
does not apply because the proposed ADU would not be detached from the principal
residence.
Section 26.60.040, Standards Applicable to All Conditional Uses
Pursuant to Section 26.60.040, a development application for a conditional use approval
shall meet the following standards:
(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.
RESPONSE: The stated purpose of the R -15 zone district "is to provide areas for long term
residential purposes with customary accessory uses." ADUs are allowed as conditional uses
in the R -15 zone district, and the proposal is required to meet or exceed all of the
dimensional requirements associated with the zoning. Furthermore, one of the stated themes
of the AACP with regard to "revitalizing the permanent community" is to "increase resident
housing." Also, the proposal is consistent with the following purposes, goals, objectives and
standards of the AACP:
• "Promote, market and implement Cottage Infill and Accessory Dwelling Unit programs;"
• "Develop small scale resident housing which fits the character of the community and is
interspersed with free market housing throughout the Aspen Area and up valley of Aspen
Village;" and,
• "The public and private sectors together should develop . . . employee- occupied
accessory dwelling units, to achieve the identified unmet need to sustain a critical mass
of residents."
Staff finds that this conditional use application for an ADU complies with Section
26.60.040(A).
(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
9
enhances the mixture of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development.
RESPONSE: The subject parcel is surrounded by residential uses, some of which have
associated accessory dwelling units, and the proposed ADU use is both consistent and
compatible with the existing residential development in the immediate vicinity.
(C) The location, size, design and operating characteristics of the proposed conditional
use minimizes adverse effects, including visual impacts, impacts on pedestrian and
vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on
surrounding properties.
RESPONSE: As mentioned earlier in this memo, the proposed ADU will be sub -grade and
will appear as part of the principal residence, thus, its location, size and design will minimize
any potential adverse visual impacts. Like all of the surrounding properties, the ADU's
parking and trash service will be accessed from the street (Waters Avenue) at the front of the
property. No noise, vibration, or odor related impacts are anticipated. The proposed ADU
will operate like any other residence or ADU found in the neighborhood. It is anticipated
that the impacts will be negligible.
(D) There are adequate public facilities and services to serve the conditional use
including but not limited to roads, potable water, sewer, solid waste, parks, police,
fire protection, emergency medical services, hospital and medical services, drainage
systems, and schools.
RESPONSE: There is an existing single - family residence on the property. There are
adequate public facilities and services to serve the proposed uses. The subject site is within
an existing, well - established neighborhood. See Engineering referral comments, attached as
Exhibit B.
(E) The applicant commits to supply affordable housing to meet the incremental need for
increased employees generated by the conditional use.
RESPONSE: While the proposed development of an ADU will not generate an increase in
the employment base, the applicant will be voluntarily supplying an ADU which, pursuant to
Section 26.40.090(A)(1), will be deed restricted, registered with the housing office, and
available for rental to an eligible working resident of Pitkin County for periods of not less
than six months in duration, thereby serving the need for increased affordable housing in the
City of Aspen.
(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 title.
RESPONSE: The proposed conditional use will comply with all additional standards
imposed on it be the AACP and by all other applicable requirements of the Municipal Code,
such as those contained in Section 26.58.040, Residential Design Standards.
10
STAFF FINDINGS: Based upon review of the applicant's land use application and the
referral comments, Community Development staff finds that there is sufficient information
to support the requests, with the exception of modifying the proposed building envelope to
establish the westerly edge of the no -build zone as the easterly edge of the building envelope.
The proposal meets or exceeds all standards applicable to the review of Accessory Dwelling
Units as conditional uses in the R -15 Zone District.
RECOMMENDATION: Community Development Department staff recommends
approval of the proposed Stream Margin Review and Special Review for the renovation of
and addition to the single- family residence at 1110 Waters Avenue (Lot 10, Calderwood
Subdivision) with the following conditions:
1. The applicant will dedicate a "Fisherman's Easement" with the recording of the final stream
margin review plat; said easement shall run the length of the easterly property line,
beginning (on the west) at the river's edge and ending (on the east) at the easterly property
line.
2. The final plat shall indicate the easterly edge of the building envelope such that it
corresponds with (is identical to) the westerly edge of the fifteen (15) foot no -build zone
(stream margin setback). All development to the east of this building envelope shall be non-
conforming, thus, the remodel of the existing house will be treated as a nonconforming
situation where the approved changes are allowed, provided they do not increase the degree
of non - conformity. Consequently, no part of the remodeled structure will be allowed to be
located closer to the river than is the corresponding part of the existing structure, including
but not limited to the proposed decks.
3. The final plat shall be reviewed for approval by the Engineering and Community
Development Departments, and then recorded by the applicant with the Pitkin County Clerk
and Recorder.
4. Prior to issuance of any demolition, excavation, or building permits, the building envelope
shall be delineated by construction fencing incorporating sediment webbing from a point
approximately thirty (30) feet back from the top of slope and around the river -side of the
envelope to minimize the sedimentation potential along the two side yards and the river
frontage. The barricades shall remain in place until the later of either the issuance of a
Certificate of Occupancy or the completion and establishment of the landscaping.
5. The building permit application shall include a permanent erosion control plan, and a
temporary sediment control and contaminant plan for the construction phase; the applicant
shall submit a drainage report and mitigation plan signed and stamped by an engineer
registered in the State of Colorado with their building permit application, and the provisions
of this plan are required to meet the runoff design standards of Section 26.88.040(C)(4)(f);
if a ground injection or re- charge type drainage system is proposed, the percolation rate of
the soils must to be measured and included with the plan set submitted for the building
permit application; and, provisions for drainage of the hot tub shall be reviewed for approval
by the Environmental Health Department prior to the issuance of any building permits.
6. Prior to the issuance of any building permits, a tree removal permit must be obtained from
the Parks Department for any tree(s) that is /are to be removed or relocated (including scrub
oaks of three (3) inches or greater); also, no excavation can occur within the dripline of the
tree(s) to be preserved and no storage of fill material can occur within this /these dripline(s).
7. If any outdoor lighting is used on the subject property, it will not be directed toward the river
or located down the slope, nor will it cause glare or hazardous conditions. All outdoor
11
lighting shall employ down - directional, sharp cut -off fixtures, and those fixtures set along
walkways (if any) shall be set at no more than twelve (12) inches above finished grade.
8. The applicant shall have a wetlands delineation conducted in the Spring of 1998 by a
qualified botanist or other wetlands expert; said delineation shall be submitted to the Parks
Department.
9. The creation of the proposed stepping stone walkway outside of the designated building
envelope is hereby approved.
10. If the proposed use, density, or timing of the construction of the project change, or the site,
grading, drainage, parking, or utility plans for this project change subsequent to this
approval, a complete set of the revised plans shall be provided to the Engineering and
Community Development Departments for review and re- evaluation.
11. All material representations made by the applicant in this application and during public
meetings with the Planning and Zoning Commission shall be adhered to and shall be
considered conditions of approval, unless otherwise amended by a Board/Commission
having authority to do so.
Community Development Department staff also recommends approval of the proposed
Conditional Use for an Accessory Dwelling Unit (ADU) at 1110 Waters Avenue (Lot 10,
Calderwood Subdivision) with the following conditions:
1. Prior to the issuance of any building permits the applicant shall:
a. Verify with the Housing Office that the allowable floor area of the Accessory Dwelling
Unit contains between 300 and 700 square feet;
b. Verify with the Housing Office that the ADU will contain a kitchen having a minimum
of a two- burner stove with oven, standard sink, and a 6 -cubic foot refrigerator plus
freezer;
c. Provide the Housing Office with a signed and recorded Deed Restriction, a copy of
which must be obtained from. the Housing Office;
d. Clearly identify the Accessory Dwelling Unit (ADU) on building permit plans as a
separate one - bedroom unit;
e. Provide a minimum of one off - street parking space for the ADU that shall be shown and
designated on the final plans;
f. Install any new surface utilities requiring a pedestal or other above ground equipment on
an easement provided by the property owner and not within the public rights -of -way;
g. Locate any additional proposed construction, including trash facilities, in such a way that
it does not encroach into an existing utility easement or public right -of -way;
h. Agree to join any future improvement district(s) which may be formed for the purpose of
constructing improvements in adjacent public rights -of -way; the agreement shall be
executed and recorded concurrently upon approval of this application;
i. Submit working drawings to verify all height, setback, and floor area calculations, as
well as lot size and lot area calculations;
j. Complete and record a Sidewalk, Curb & Gutter Agreement;
k. A tap permit must be completed at the office of the Aspen Consolidated Sanitation
District; payment of the total connection charges shall be made prior to the issuance of a
building permit;
I. If the building is found to contain 5,000 square feet or more of living area, approval and
installation of an automatic fire suppression system will be required;
12
m. Verify that the proposed plans for the ADU will comply with all UBC requirements
including but not limited to those addressing natural light and ventilation standards, as
well as sound attenuation walls between the ADU and principal residence; and,
n. Submit building permit drawings which indicate all utility meter locations; utility meter
locations must be accessible for reading and may not be obstructed by trash storage. The
plans must also indicate a five (5) foot wide pedestrian usable space with a five (5) foot
wide buffer for snow storage.
2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall:
a. Submit as -built drawings of the project showing property lines, building footprint,
easements, any encroachments, entry points for utilities entering the property boundaries
and any other improvements to the Aspen /Pitkin County Information Systems
Department in accordance with City GIS requirements, if and when, any exterior
renovation or remodeling of the property occurs that requires a building permit; and,
b. Permit Community Development Department, Engineering and Housing Office staff to
inspect the property to determine compliance with the conditions of approval.
3. In the event required, the applicant must receive approval from:
• The City Engineer for design of improvements, including landscaping, within public
rights -of -way;
• The Parks Department for vegetation species, tree removal, and /or public trail
disturbances;
• The Streets Department for mailboxes and street cuts; and,
• The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights -of -way.
4. Prior to the issuance of any building permits, a review of any proposed minor changes from
the approvals, as set forth herein, shall be made by the Planning and Engineering
Departments, or referred back to the Planning and Zoning Commission.
5. The applicant shall provide a roof overhang or other sufficient means of preventing snow
from falling on both the stairway leading to the door and the area in front of the door to the
ADU; sufficient means of preventing icing of the stairway is also required.
6. All material representations made by the applicant in this application and during public
meetings with the Planning and Zoning Commission shall be adhered to and shall be
considered conditions of approval, unless otherwise amended by a Board/Commission
having authority to do so.
RECOMMENDED MOTIONS: "I move to approve the Special Review and Stream
Margin Review for the proposed remodel and addition to the residence at 1110 Waters
Avenue (Lot 10, Calderwood Subdivision) with the conditions outlined in the March 17,
1998 staff memorandum."
"I move to approve the Conditional Use request for the proposed Accessory Dwelling Unit at
1110 Waters Avenue (Lot 10, Calderwood Subdivision) with the conditions outlined in the
March 17, 1998 staff memorandum."
EXHIBITS: "A" - Submitted Application
"B" - Referral Comments
13
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MEMORANDUM
To: Mitch Haas, Project Planner
Thru: Nick Adeh, City Engineer
From: Ross C. Soderstrom, Project Engineer
Date: March 3, 1998
Re: 1110 Waters Avenue Conditional Use for an ADU, Stream Margin, and GMQS Exemption
Reviews
Physical Address: 1110 Waters Avenue, City of Aspen, CO
Legal Description: Lot 10, Calderwood Subdivision, City of Aspen, CO
Parcel ID No.: xxxx- xxx- xx -xxx
After reviewing the above referenced application and making a site visit, I am reporting the combined
comments made by the members of the DRC:
[Site conditions at the time of site visit: February 18 and March 6, 1998; upto 3 - 4 foot snow pack; some
ground surface and features indistinguishable under snow and ice pack.]
1. Application and Improvement Survey : The applicant will need to submit an updated
Improvement Survey plat for the property with the building permit application. The plat needs to conform to
the standards of an improvement survey for stream margin review. Specifically, the plat should identify
wetlands and riparian zones (or a note stating that none exists on this property); identifying information (name,
ownerships, centerline courses of two larger ditches) about the three (3) ditches on the property (drainage and
irrigation utilities); and a benchmark for delineation and reference of the flood plane. The most southeasterly
course of the property boundary, in the river, was platted as 42.09' in the original subdivision, in comparison to
the dimension of 47.09' shown on the Improvement Survey.
The applicant will be required to complete the standard requirements and conditions associated with the
form(s) of development requested in the application.
2. Changes in Conditions: If the proposed use, density, or timing of construction of the project
change, or the site, grading, drainage, parking or utility plans for this project change subsequent to this review,
a complete set of the revised plans shall be provided to the Engineering Dept. for review and re- evaluation.
The discussion and recommendations given in this memorandum apply to the application and plans (received
February 12, 1998) provided for this review and such comments and recommendations may change in response
to changes in the use, density, or timing of the construction of the project, or changes in the site, grading,
drainage, parking or utility designs.
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3. ACSD: The applicant should verify the condition and elevation of the existing sanitary sewer
service line to the property. An ejector pump may be needed to serve the lower levels of this proposed
structure. There are some services in this neighborhood which have been problematic.
• , 4. Trash and Recycling Area: The trash enclosure in the right -of -way of Waters Avenue should be
• moved back into the private property. It appears to be common enclosure for this property and Lot 11, next to
this property.
5. Utility Services: The submitted site plan does not indicate locations for new utility services,
however, natural gas and electric utility meters, and water and sanitary sewer service connection points need to
be accessible to service personnel in the completed project and not obstructed by garbage or recycling
containers, other structures or landscaping. All existing and any new easements for utilities shall be shown on
the final improvement plans submitted for the building permit.
6. Site Drainage: The new development cannot release more than historic (pre - development) storm run -
off flows from the site and any increase in historic storm run -off flows must be first routed and detained on the
site. A drainage report and design completed and stamped by a Colorado licensed civil engineer will be
required for the project to accommodate the drainage flows originating from the site. If a ground injection or
re- charge type drainage system is proposed, the percolation rate of the soils will need to be measured and
included as the basis for sizing the infiltration field. The drainage report and plan will be included with the
plan set submitted for the building permit application.
Precipitation intensity curves for a two year (2 yr.) storm frequency should be used in designing the drywell
and drainage improvements. The drainage plan should minimize introducing additional drainage on to the bank
slope, particularly concentrated flows.
7. Driveways, Parking & Pedestrian Area: The site plan correctly shows the driveway width at
ten (10) ft for this lot frontage and zoning. The schematic site plan does not indicate that there is any
designated parking space for the ADU on the property although this will need to be shown on the site plan
submitted for the building permit. The five (5) ft wide pedestrian useable space fronting the property in the
Waters Avenue right -of -way will also need to be shown on the site plan included in the building permit plan
set. (Typically site plans should include the area to the edge of street pavement to show proposed work in the
right -of -way.)
The site plan submitted for the building permit shall contain all the information required of a tree removal
permit (current tree inventory), driveway location and dimensions, site drainage plan, existing and proposed
easements, landscaping plan, and as further required by Aspen Municipal Code.
8. Irrigation and Drainage Ditches: The recommendations is this section may he er e .e.
or modified as more information becomes available about the character of the "ditches" crossing this propert
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Memo - 1110 Waters Avenue Conde, . Use Review for an ADU and Stream Margin Reviews
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The improvement survey depicts three (3) "ditches" crossing the property although the application does not
identify the purposes (drainage or irrigation) nor ownership of the ditches. After a site visit with Tom Rubel,
Aspen Parks Dept., we determined that none of the features identified on the improvement survey were
legitimate irrigation or drainage ditches.
The largest ditch (approximately five ft in width) appears to be a side channel of the river itself which may
have been dug -out or enhanced from a natural side channel of the river. It diverts from the main river channel
at the upstream end of this property and appears to return to the main river channel within a couple hundred
feet down river. Since this feature is in the river channel and below the 100 yr. flood plane elevation, it should
not be further enhanced nor altered without a stream margin review and appropriate review and permitting by
the Army Corps of Engineers and the Colorado Dept. of Wildlife.
The second ditch (approximately 1.5 ft in width) appears to be the tailwaters of either a side channel of the
river itself where it returns to the main river channel or a former overflow ditch from the Wheeler irrigation
ditch located on the adjacent property upstream. Since this feature appears to lie in the wetlands area and does
not appear to have a legitimate purpose, it should not be further enhanced nor altered without a stream margin
review.
The third ditch (approximately 10" in width and flowing from south to north) is an unauthorized diversion from
the Wheeler irrigation ditch for which the City of Aspen holds the only water rights. We recommend that this
unauthorized use be discontinued and that the ditch be backfilled at the diversion point from the Wheeler Ditch
located on the property to the south (Ten Ten Ute Subdivision).
9. Conditional Use for an ADU: Recommendations associated with the development of the ADU are
incorporated in the other recommendations of this review memorandum.
10. Stream Margin Review and Special Review: We agree with the top of slope elevation and contour
represented on the submitted site plan (assumed elevation 98'). Generally the proposed development plan
complies with the guidelines of development within the 15 ft top of bank setback for stream margin review
except for the proposed extension of the desk(s) and placement of stepping stone pathway. While removing
approximately 8 ft from the length of the existing building (and the 6 to 8 ft wide deck) is desirable to bring the
building into closer compliance with the current standards of stream margin development, the addition of a
deck approximately 13 ft deep (landscaping and site plan) is contrary to the intent of limiting development in
this zone. This proposed deck is neither "essential" nor does it "(minimize) to the extent possible" the
encroachment into the stream margin area. Replacement with a narrower deck is more suitable.
Replacement of the wooden stairway with a stepping stone pathway does not meet the criteria of "essential"
development although it does minimize the visual impact of the pathway to the site. This substitution of
materials would be acceptable to the Engineering Dept. with any conditions recommended by any other city
department.
The building envelope will need to be delineated by construction fencing incorporating sediment webbing from
a point approximately 30 ft back from the top of slope and around the river -side of the envelope to minimize
the sedimentation potential along the two sideyards and the river frontage. The barrier should be erected prior
to construction and maintained throughout construction until the later of either the issuance of the Certificate of
Occupancy or completion and establishment of the landscaping.
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Memo - 1110 Waters Avenue Cond. . Use Review for an ADC and Stream Margin Reviews
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11. Sidewalk, Curb & Gutter: The property owner shall complete and record a Sidewalk, Curb &
Gutter Agreement prior to issuance of the building permit.
12. Improvement Districts: The property owner is required to join any future improvement
districts formed for the purpose of constructing public improvements which benefit the property under an
assessment formula. The agreement would be executed and recorded concurrent with recording the
subdivision plat. •
•
13. As Guilts: Prior to C.O. issuance the building permit applicant will be required to submit to the
Aspen/Pitkin County Information Services Dept. as- builts drawings for the project showing the property lines,
building footprint, easements, encroachments, entry points for utilities entering the property boundaries and
any other improvements.
14. Work in the Public Rights - of - Way: Given the continuous problems of unapproved work and
development in public rights -of -way and easements. we advise the applicant as follows:
The applicant must receive approval from: City Engineering (920 -5080) for design
of improvements, including Landscaping and grading, within public rights -of -way;
Parks Department (920 -5120) for vegetation species and placement, and irrigation
systems; Streets Department (920 -5130) for mailboxes, street and alley cuts; and
shall obtain permits for any work or development, including landscaping, within
public rights -of -way from the City Community Development Department (920- 5090).
•
DRC Meeting Attendees;
Applicant: Glenn Hom - planner for applicant, Tom Bracewell - Applicant
Staff & Referral Agencies: Tom Bracewell, Mitch Haas, Rebecca Schickling, Ross Soderstrom, Nick
Adeh, Jack Reid, Nancy MacKenzie, Chris Bendon, Bill Earley, Gideon Kaufman, Bill Sawyers, Bruce
Lewis, Alan Richman, Michael Thompson, James von Brewer
•
40F4
DRCM0798.DOC
DRAFT
a f~
Memorandum
TO: Mitch Haas, Community Development
FROM: Rebecca Schickling, Assistant Parks Director
DATE: March 6, 1998
RE: 1110 Waters Ave. Stream Margin and Conditional Use Review
CC: Engineering Dept.
We have reviewed the application submitted for 1110 Waters Ave. and offer the
following comments. The existing landscape conditions plan indicates a line of
"probable extent of wetlands, to be determined in the spring ". This area, however, is
most likely larger due to the evidence of riparian vegetation indicated on either side of
the 1 1/2 foot wide ditch. It doesn't appear that any development or changes are
proposed for this area, however, during construction, care should be taken to not
impact this area with construction debris, etc. A wetlands delineation should be done
by a qualified botanist or other wetland expert in the spring. The application makes no
reference to obtaining a 404 permit review. This may be advisable to ensure the Army
Corp of Engineers has no concern with this development as well.
The proposed landscape plan indicates there will be 39 trees planted on site. This seems
an excessive number of trees to be planted given that the lot already has numerous
trees. While we appreciate the "forest effect ", what tends to happen as the trees grow,
they crowd out each other and the property owner gets minimal light to the property
within a few years. We would suggested planting less Aspens and one or two less
Spruce trees. A tree removal permit will be required prior to issuance of a building
permit. Additionally, the existing landscape conditions plan shows an area of scrub
oak. Scrub oaks 3 " or greater require tree mitigation as well and should be indicated
on a tree removal permit also.
There are two ditches shown on the property but no detail on the ditch owners is
provided. To alter the ditch would require permission from the ditch owner and no
water may be utilized from the ditch without obtaining a water right or other
agreement. Generally, ditches are not to be turned off for more than 72 hours, so the
culverting or realignment of the ditch may need to be done expeditiously. The ditch
owner may also have specification requirements for size of culvert required to be
installed, if permitted to traverse under the garage. However, we would recommend
the ditch not go under the garage because if there is a problem with the culvert or a
failure in the system then it is extremely difficult to repair. The ditch owner may also
require a ditch walkers easement to ensure flow within the ditch is maintained.
The final comment on the application is to request a fisherman's easement on the island
and into the middle of the river where the property ends. Fisherman's easements are
commonly requested for stream margin review and are recommended in the Roaring
Fork Greenway Plan.
2
FEB 23 '5S 09:46AM ASPEN HOUSING CFO P.1
MEMORANDUM
TO: Mitch Haas, Community Development Dept.
FROM: Cindy Christensen, Housing Office
DATE: February 23, 1998
RE: 1110 Waters Avenue Conditional Use for an Accessory Dwelling Unit
Parcel ID No.
REQUEST: The applicant is requesting approval for a 450 to 550 square foot accessory dwelling
unit to be located below grade.
f3ACKGl9UND: According to Section 26.40.090, Accessory Dwelling Units, a unit shall
contain not less than 300 square feet of net livable area and not more than 700 square feet of net
livable area.
ISSUES: When the Housing Office reviews plans for an accessory dwelling unit, there are
particular areas that are given special attention. They are as follows:
1. The unit must be a totally private unit, which means the unit must have a private entrance
and there shall be no other rooms in thls unit that need to be utilized by the individuals in
the principal residence; i.e., a mechanical room for the principal residence.
2. The kitchen indudes a minimum of a two-burner stove with oven, standard sink, and 2 6-
cubic foot refrigerator plus freezer.
3. The unit is required to have a certain percentage of natural fight into the unit; Le., windows,
sliding glass door, window wells, etc., especially if the unit is located below grade. The
Uniform Building Code requires that 10% of the floor area of a unit needs to have natural
light. Natural light Is defined as light which is dear and open to the sky.
4. Should the unit be used to obtain an FAR bonus, the unit MUST be rented to a qualified
employee.
5. A deed restriction MUST be recorded PRIOR to building permit approval. The deed
restriction shall be obtained from the Housing Office.
RECOMMENDATION: Staff recommends approval of this unit as long as conditions 1 through 5,
stated above, are met. Actual floor plans must be submitted to the Housing Office prior to building
permit approval.
lrefdndet 11a_799adu
MEMORANDUM
TO: Mitch Haas, City Planner
FROM: Sara Thomas, Zoning Officer
RE: 1110 Waters Avenue Stream Margin Review and Conditional Use for an
ADU
DATE: March 3, 1998
1110 Waters Avenue is located in the R -15 Zone District which has the following
dimensional requirements:
Setbacks:
Front Yard - 25 feet
Side Yards - 10 feet each
Rear Yard - 10 feet
It appears from the proposed landscaping plan that a hot tub will be encroaching into the
side yard setback. Only structures which are no more than 30" above or below natural
grade are permitted within the setbacks.
The existing structure is non - conforming in regards to development taking place within
fifteen feet of the top of slope. This existing non - conformity may be maintained, but is
not permitted to be expanded or enlarged. The proposed remodel of this portion appears
to lessen the existing non - conformity. No additional disturbance or development will be
permitted to occur within this fifteen foot "no development" area.
Based on the information submitted by the applicant, the gross lot area is 16,298 square
feet. After the exclusion of areas under the high water line and areas with a slope greater
than 20 %, the net lot area is approximately 14,203 square feet, resulting in a permitted
floor area of 4,444 square feet for the parcel. Proposed floor area as well as lot area
calculations will need to be verified when working drawings are submitted to the
Building Department for building permit review. The drawings included in the
application packet do not contain enough detail for final confirmation of the calculations,
but are adequate for the land use review.
The applicant will be required to pay a Park Dedication Impact Fee for any additional
bedrooms that are created.
As M GonsofJaferlcsanrfafion sfricf
565 North Mill Street
Aspen, Colorado 81611
Tele. (970) 925 -3601 FAX #(970) 925 -2537
Sa Kelly • Chairman Michael Kelly
Paul Smith • Treas. Frank Loushin
Louis Popish Secs Bruce Matherly, Mgr.
•
February 20, 1998
Mitch Haas
•
Community Development
130 S. Galena
Aspen, CO 81611
Re: 1110 Waters Ave stream margin and ADU
Dear Mitch:
The Aspen Consolidated Sanitation District currently has sufficient collection and treatment
capacity to serve this project. Service is contingent upon compliance with the District's rules,
regulations, and specifications which are on file at the District office.
It appears from our review of the plans that the ADU will need to pump up to the existing service
line. We would normally require a shared service line agreement or acknowledgment in situations
where a lot split may occur and two dwelling units are served by a common service line. Since the
ADU is attached we assume the units will remain under common ownership. The plans appear to
show a driveway trench drain which must be connected to a dry well, as we cannot accept storm
water into the public system. The current service line has been problematic in the past and the
owner may want to consider replacing it. The applicant should contact our line superintendent,
Tom Bracewell, for more information..
We would request that the applicant be required to deliver detailed plans to our office so that a
tap permit can be completed. We would also request that a tap permit be completed prior to the
issuance of a building permit.
Please call if you have any questions.
Sincerely,
Bruce Matherly
District Manager
EPA Awards of Excellence
1976.1986.1990
Regional and National -
S41186
r
r APPLICATION FOR
STREAM MARGIN REVIEW AND
CONDITIONAL USE REVIEW
w 1110 WATERS AVENUE
r
IM
w SUBMITTED TO
CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPARTMENT
SUBMITTED BY
.LAN RICHMAN PLANNING SERVICES
BOX 3613
ASPEN, COLORADO 81612
920 -1125
r
A.
I. INTRODUCTION
This is an application for the re- development of Lot 10 of the Calderwood Subdivision, more
commonly known as 1110 Waters Avenue. The property consists of approximately 16,298
square feet of land, zoned R -15. It currently contains an older single- family dwelling unit,
which is proposed to be remodeled and expanded.
The location of the property in relation to neighboring properties is shown on the vicinity
map (which is included on the site plan). A panel of photographs depicting the
neighborhood plan has also been submitted.
Other drawings included in this application booklet are as follows:
.. • Improvements survey, depicting existing conditions on the property;
• Site plan, depicting the proposed development of the property;
• Site section and building elevations, illustrating the appearance of the remodeled and
new portions of the structure, with floor plans showing uses on each level; and
• Existing landscape conditions map and proposed landscape plan.
All drawings have been provided in reduced size at the back of this application booklet.
Four (4) sets of full size reproductions of key drawings have also been submitted for use by
City staff.
This application is being submitted by Bill and Claudia Coleman, the owners of the property
(hereinafter, "the Applicants "). Proof of the ownership of the property is provided by
Attachment #1, the title insurance commitment. Authorization for Alan Richman Planning
" Services to represent the property owner for this application is provided by Attachment #2.
A pre - application conference was held on 11/21/97 (see Attachment #3, Pre - Application
Conference Summary). Based on this meeting and subsequent contacts with City staff, it was
confirmed that the following land development approvals are required by the Aspen Land
Use Regulations to accomplish this project:
Stream Margin Review and Residential Design Review for an addition of more than 10%
to the floor area of an existing structure located in proximity to the Roaring Fork River;
Conditional Use Review for development of an accessory dwelling unit; and
Vested Rights for the project.
a
The following sections of this application identify the applicable standards of the Aspen
Land Use Regulations for these development approvals and provide a response to each
standard. First, however, an overview description of this development proposal is provided.
Coleman Stream Margin Review and Conditional Use Application Page 1
II. DEVELOPMENT PROPOSAL
The Applicants propose to remodel the existing dwelling on the property (a minimum of
50% of the existing walls and floors will remain in place) and to make an addition to the
structure. An accessory dwelling unit will be included within the residence.
Table 1 provides a summary of the applicable underlying dimensional standards. An
evaluation of lot area, floor area and lot coverage calculations is also provided on the site
plan. The table illustrates that the proposed development will comply with all of the
�. standards of the R -15 zone district, except for the fact that the existing width of the property
.. is less than standard for the underlying zone. This means that the subject property is a
nonconforming lot of record. The proposed development does not alter this situation. No
variances are required to accomplish the proposed development, and the project would
^ appear to meet all of the standards of Section 26.104.060, Nonconforming Lots of Record.
-» TABLE 1
SUMMARY OF PROJECT'S COMPLIANCE WITH
R -15 ZONE DISTRICT DIMENSIONAL REQUIREMENTS
Requirement Code Standard? Proposal
Minimum Lot Size 15,000 sq. ft. 16,298 sq. ft.
Minimum Lot Area Per 15,000 sq. ft. 15,000 sq. ft.
Dwelling Unit
Minimum Lot Width 75 feet 46 feet
Minimum Front Yard 25 feet > 25 feet
Minimum Side Yard 10 feet 10 feet
.. Minimum Rear Yard 10 feet > 10 feet
Maximum Height 25 feet 25 feet
Minimum Distance Between 10 feet Not applicable
Buildings on the Lot
Percent of Open Space No requirement Not applicable
+ Maximum Allowable Floor 4,444 sq. ft. 4,337 sq. ft. (plus 107 sq. ft.
Area for design contingency)
Off- Street Parking 3 spaces (2 spaces per 4 spaces
two bedroom unit;
1 space per studio)
a
Coleman Stream Margin Review and Conditional Use Application Page 2
III. STREAM MARGIN REVIEW
Because the Applicants propose development that is located within 100' of the high water
line of the Roaring Fork River, this development is subject to stream margin review. Our
responses to the standards of Section 26.68.040 B. of the Aspen Land Use Regulations 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 improvements survey depicts the limits of the 100 year flood hazard, as
taken from the 1987 Federal Emergency Management Administration (FEMA) study. We
have also drawn onto the survey the location of the top of the bank of the Roaring Fork
River. The City Engineering Department reviewed this mapping during a pre - application
" discussion and concurred with our depiction.
This mapping illustrates that the 100 year flood hazard area is located well below the top
of the bank of the Roaring Fork River. No development is proposed to occur in the area
«- below the top of the stream bank.
Based on this mapping, we were informed by both the City Engineering Department and the
Community Development Department that it would not be necessary for us to obtain a
report from a professional engineer responding to this standard. We have, nonetheless,
spoken with a professional engineer, who concurs that the proposed development will have
no effect on the base flood elevation. Should the City determine that it is necessary for us
to provide a letter from him making these representations, we will do so upon request.
2. Any trail on the parcel designated on the Aspen Area Comprehensive Plan:
Parks /Recreation /Open SpacelTrails Plan map, or areas of historic public use or access,
are dedicated via a recorded easement for public use. Dedications are necessitated by
development's increased impacts to the City's recreation and trail facilities, including
�. public fishing access.
Response: No trails are designated through this property on the AACP Trails Plan Map, and
no historic public access appears to have occurred through this property.
3. The recommendations of the Roaring Fork Greenway Plan are implemented in the
proposed plan for development, to the greatest extent practicable.
a
Coleman Stream Margin Review and Conditional Use Application Page 3
Response: The Roaring Fork Greenway Plan recommends that trees not be cut along the
Roaring Fork River, that the River not be filled in and its banks not be graded. It also
recommends that disturbed areas be brought back to as natural a state as possible, including
the use of native plant species.
The proposed re- development of this property will not require any trees to be removed
along the River, and will not fill in the River nor grade its banks. The landscape plan
proposes that native species of trees and shrubs be planted around the periphery of the
proposed residence. The Plan also states the Applicants' commitment that existing riparian
vegetation will remain undisturbed, except for limited pruning of unhealthy branches and
.. planting of riparian vegetation similar to the species presently found on the property.
4. There is no vegetation removed or damaged or slope grade changes (cut or fill) made
outside of a specifically defined building envelope. A building envelope shall be
., designated by this review and said envelope shall be barricaded prior to issuance of any
demolition, excavation or building permits. The barricades shall remain in place until
the issuance of Certificates of Occupancy.
Response: The proposed development will not involve the removal of stream bank
vegetation, nor will stream bank slope grade changes be made.
A proposed building envelope has been shown on the site plan. In order to include all of
the planned outdoor uses (hot tub, bar -b -que and stairs), the designated building envelope
generally follows the setbacks on the property. The undisturbed riparian area has
specifically been excluded from the building envelope. The Applicants will barricade the
building envelope to prevent disturbance of the rest of the site and will leave those
barricades in place until a certificate of occupancy is issued for the development.
S. The proposed development does not pollute or interfere with the natural changes of the
river, stream or other tributary, including erosion and sedimentation during construction.
., Increased on -site drainage shall be accommodated within the parcel to prevent entry into
the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated
building envelope.
Response: The development will not interfere with or change the river course, nor will it
Hiv
cause pollution of the Roaring Fork River. As shown on the site plan, drainage from the
v residence and associated development (such as the patios and the driveway) will be routed
to a drywell within the parcel and will not be permitted to enter the river or flow onto the
river bank. The hot tub will also be drained within the building envelope.
., 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.
r
Coleman Stream Margin Review and Conditional Use Application Page 4
Response: No such alteration or relocation is proposed, so no written notice is 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 diminished.
Response: Since no alteration or relocation is proposed, no guarantee is required.
8. Copies are provided of all necessary federal and state permits relating to work within the
L " one hundred (100) year floodplain.
Response: No work is planned within the 100 year floodplain, so no such permits are
necessary.
N.
9. There is no development other than approved vegetation planting taking place below the
top of slope or within 15 feet of the top of slope or the high waterline, whichever is most
restrictive. This is an effort to protect existing riparian vegetation and bank stability. If
., any development is essential within this area, it may only be approved by special review
pursuant to Section 26.64.040 (D).
Response: The site plan depicts both the top of the stream bank and the 15' setback from
ry the top of the slope. It illustrates that the top of the stream bank cuts through the middle
of the existing residence, while the 15' setback cuts through the front of the residence. The
proposed development has been oriented so that the entire addition to the house will occur
outside of the 15' setback.
The elevations provide a graphic depiction of the remodeling work that is proposed for the
existing structure. The elevations show that the proposed remodeling will actually reduce
the amount of existing development that is located within the 15' setback. The elevation
that compares the back and side of the existing structure to the proposed remodel shows
that the roof line of the residence will be brought down considerably in elevation as a result
of the planned remodeling activities.
.. As part of the planned remodel, the Applicants also intend to remove some existing wood
W. stairs that lead from the deck to the area below the top of the bank. As is illustrated on the
proposed landscape plan, the Applicants propose to replace these wood stairs with natural
rock pavers. These pavers will enhance the natural character of the riparian area as
compared to the wood stairs, particularly once moss begins to grow on these rocks.
• The installation of these pavers will not cause any significant disturbance to the stream bank,
nor will it produce erosion or sedimentation. If any vegetation is disturbed during
installation of the pavers, it will be replaced with similar riparian plant species, that will be
planted within the riparian area.
..
Coleman Stream Margin Review and Conditional Use Application Page 5
4.
10. All development outside the 15 foot setback from the top of slope does not exceed a
height delineated by a line drawn at a 45 degree angle from ground level at the top of
slope. Height shall be measured and determined by the Zoning Officer, utilizing that
definition set forth at Section 26.04.100.
Response: We have provided a site section, as required by criterion #13, which demonstrates
that the proposed addition will not exceed the height delineated by a line drawn at a 45
degree angle from ground level at the top of slope. The site section shows the top of the
bank, the 45 degree angle from ground level and the proposed residence. This drawing
shows that all of the proposed addition will occur below the 45 degree angle. The site
section also shows how the remodeling will reduce the profile of the existing structure in
relation to the 45 degree angle.
11. A landscape plan is submitted with all development applications. Such plan shall limit
new plantings (including trees, shrubs, flowers and grasses) outside of the designated
building envelope on the river side to native riparian vegetation.
Response: Two landscape drawings have been submitted; one depicting existing conditions
and the other showing proposed landscaping. The drawing showing existing landscape
conditions identifies the location and diameter of existing trees on the property; it also
identifies existing shrub masses and large rocks.
The majority of the larger trees on the property (trees with a diameter of 6" or greater) are
located below the 15' setback from the top of the stream bank and will remain undisturbed.
The rest of the trees are located toward the front of the lot. While many of these trees will
also remain undisturbed, some fall within the footprint of the proposed addition or within
the proposed driveway. We will endeavor to relocate 3 of the Spruce trees on -site; 6 Aspen
trees and 1 Spruce tree will be removed and replaced on -site.
The proposed landscape plan shows the replacement trees that will be planted, together with
the existing trees that will be preserved. It illustrates that trees will be planted around the
periphery of the entire property (except along the river frontage), to screen the residence
from neighboring properties and to provide the impression that one is entering a forest
environment on the property. The planting schedule shown on the landscape plan can be
summarized as follows:
• 29 Aspen trees will be planted, including fifteen 2" diameter trees and fourteen 2 1/2"
r
trees, for a total of 65 diameter inches to be planted.
• 10 Spruce trees will be planted, ranging in height from 12' to 18'.
The landscaping that will be planted will more than compensate for that which is removed,
both in terms of the value and the caliper mass of the trees.
Coleman Stream Margin Review and Conditional Use Application Page 6
12 All exterior lighting is low and downcast, with no lights directed toward the river or
located down the slope.
Response: The Applicants agree to comply with these standards.
13. Site sections drawn by a registered landscape architect or engineer are submitted showing
all existing and proposed site elements, the top of slope and pertinent elevations above
sea level.
Response: These site sections have been provided and have been described under criterion
# 10, above.
14. There has been accurate identification of wetlands and riparian zones.
Response: The landscape drawings provide an identification of wetlands and riparian zones.
Given the fact that the ground is currently covered with snow, we have identified these areas
based on predominant vegetation types and intend to verify these locations this spring.
However, since these areas are considerably removed from the proposed development, there
should be little concern as to a more precise location than is already shown.
Coleman Stream Margin Review and Conditional Use Application
Page 7
IV. CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT
The R -15 zone district lists "Accessory Dwelling Units meeting the provisions of Section
26.40.090" as a conditional use. Therefore, our responses to the standards of 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.
M Response: The proposed accessory dwelling unit is consistent with the statement in the
AACP that "The public and private sectors together should develop 650 new affordable
housing units, including employee- occupied accessory dwelling units... ". The commitment to
provide such housing exceeds the requirements of the Aspen Land Use Regulations for this
type of re- development application.
The intent of the R -15 zone district is "to provide areas for long term residential purposes,
with customary accessory uses ". The proposal to develop an accessory dwelling unit on this
site is consistent with this intent.
B. The conditional use is consistent and compatible with the character of the immediate
vicinity of the parcel proposed for development and surrounding land uses, or enhances
the mixture of complimentary uses and activities in the immediate vicinity of the parcel
proposed for development.
Response: The neighborhood in which this property is located contains a mix of land uses,
including single - family dwellings used as primary or seasonal residences, multi - family
dwellings and lodging units. The development of an accessory dwelling unit will be
consistent with and complimentary to these uses, providing for year -round occupancy and
activity in this in -town neighborhood that is located within walking distance of the downtown
core and many recreational amenities in the Aspen Area.
C. The location, size, design and operating characteristics of the proposed conditional use
minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding
properties.
Response: The proposed accessory dwelling unit will have minimal or no impacts on views,
circulation and the other concerns listed above. Its location will permit the project's
occupants to easily walk to many of the City's amenities. As shown on the site plan, one (1)
parking space will be provided on -site for the accessory dwelling unit. Trash and delivery
needs for the accessory dwelling unit will be accommodated together with the areas provided
for the principal dwelling unit.
Coleman Stream Margin Review and Conditional Use Application Page 8
D. There are adequate public facilities and services to serve the conditional use including
but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services, drainage systems, and schools.
Response: All of the facilities necessary to serve both the primary residence and the
accessory dwelling unit are already in place at this in -town location.
E. The applicant commits to supply affordable housing to meet the incremental need for
increased employees generated by the conditional use.
Response: The conditional use does not generate employees; instead it is an approved form
of housing mitigation for new residential development.
F. The proposed conditional use complies with all additional standards imposed on it by
the Aspen Area Comprehensive Plan and all other applicable requirements of this title.
Response: The proposal is otherwise in compliance with the Comprehensive Plan and with
the Land Use Regulations. It complies with the following standards of Section 26.40.090 (e):
1. The unit will contain in the range of 450 -550 square feet of net livable area and will
have one designated parking space, located near the entrance to the property. The
Applicants agree to deed restrict the unit as to occupancy, as required by this Section.
2. The proposed re- development of the property complies with all applicable
dimensional requirements of the R -15 Zone District.
3. The accessory unit will be attached to the principal unit and have its own entry.
4. There is no alley in this subdivision. The accessory dwelling unit will have access
from Waters Avenue.
V. VESTED RIGHTS
Pursuant to Section 26.52.080 of the Aspen Municipal Code, the Applicants hereby request
411111h that this development be granted vested rights status.
VI. CONCLUSION
The Applicants have responded to all standards of the Aspen Land Use Regulations
applicable to the project, pursuant to direction given by the Community Development
Department during pre - application meetings. Sufficient evidence has been provided of the
project's compliance with said standards and the Applicants have made commitments in
order to ensure that the proposed development will mitigate all of its impacts. Requests by
any reviewing agency for additional information, or clarification of the statements made
herein, will be responded to by the Applicants in a timely manner.
" Coleman Stream Margin Review and Conditional Use Application Page 9
r
f
ATTACHMENTS
tam
r
Jan, 20. 1998 3:37PM PITKIN COUNTY TITLE No. 3704 P. 2/6
E •
FwT ATTACHMENT #1
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: 09/25/97 at 08:30 A.M.
Case No. PCT12145
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy -Form 1992 Amount$ 1,325,000.00
Premium$ 2,848.00
Proposed Insured: Rate:STANDARD
THE COLEMAN FAMILY TRUST
— (b) ALTA Loan Policy -Form 1992 Amount$
Premium$
Proposed Insured: Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof
vested in:
ETHAN A. MILLER, AS TRUSTEE UNDER THE ELIZABETH MARIE JONES
CHARITABLE REMAINDER UNITRUST I AGREEMENT DATED AUGUST 20, 1997
4. The land referred to in this Commitment is situated in the County
of PITKIN, State of COLORADO and is described as follows:
LOT 10, CALDERWOOD SUBDIVISION, according to the Plat thereof
recorded in Ditch Book 2A at Page 254.
PITKIN COUNTY TITLE, INC. Schedule A -PG.1
601 E. HOPKINS This Commitment is invalid
ASPEN, CO. 81611 unless the Insuring
a 970 -925 -1766 Provisions and Schedules
970 - 925 -6527 FAX A and B are attached.
AUTHORIZED AGENT
Jan, 20. 1998 3:37PM PITKIN COUNTY TITLE No. 3704 P. 3/6
r
ENT
SCHEDULE 8 - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to -wit:
- 1. Re- recordation on Quit Claim Deed recorded May 2, 1994 in Book 749 at
Page 320 and re- recorded June 6, 1994 in Book 752 at Page 603 and
Warranty Deed recorded August 22, 1997 as Reception No. 407570, tc
show evidence satisfactory to the Company that the Real Estate
Transfer Taxes as established by Ordinance No. 20 (Series of 1979)
and Ordinance No. 13 (Series of 1990) has been paid or exempted.
2. Deed from : ETHAN A. MILLER, AS TRUSTEE UNDER THE ELIZABETH MARIE
JONES CHARITABLE REMAINDER UNITRUST I AGREEMENT DATED AUGUST 20, 1997
To : PETER MCCLAIN AND WILLIAM ENGELMAN
• 3. Duly executed Trust Affidavit for ELIZABETH MARIE JONES CHARITABLE
REMAINDER UNITRUST I AGREEMENT, a trust, disclosing the name of the
trust, and the names and addresses of the trustees empowered to act
pursuant to '73 CRS 38 -30 -166, as amended.
• 4. Delivery to the Company of an executed copy of the Trust Agreement for
ELIZABETH MARIE JONES CHARITABLE REMAINDER UNITRUST I AGREEMENT for
inspection and approval prior to issuing any policies. Subject to any
- additional requirements deemed necessary by the Company upon review of
said Trust Agreement.
5. Deed from : PETER K. MCCLAIN AND WILLIAM ENGELMAN
To : THE COLEMAN FAMILY TRUST
6. Duly executed Trust Affidavit for THE COLEMAN FAMILY TRUST, a trust,
disclosing the name of the trust, and the names and addresses of the
trustees empowered to act pursuant to '73 CRS 38 -30 -166, as amended.
7. Delivery to the Company of an executed copy of the Trust Agreement
for THE COLEMAN FAMILY TRUST for inspection and approval prior to
issuing any policies. Subject to any additional requirements deemed
necessary by the Company upon review of said Trust Agreement.
8. Duly acknowledged certificate of the authorized Managing Agent or
Board of Directors of CALDERWOOD HOMEOWNERS ASSOCIATION certifying
that there are no assessments for common expenses which remain unpaid
or otherwise constitute a lien on the subject property.
9. Evidence satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance
- No. 13 (Series of 1990) has been paid or exempted.
' 10. Certificate of nonforeign status executed by the transferor(s). (This
instrument is not required to be recorded)
(Continued)
Jan. 20. 1998 3:37PM PITKIN COUNTY TITLE No, 3704 P. 4/6
FWT
11. Completion of Form DR 1079 regarding the witholding of Colorado Tax
on the sale by certain persons, corporations and firms selling Real
Property in the State of Colorado. (This instrument is not required
to be recorded)
12. Evidence satisfactory to the Company that the Declaration of Sale,
Notice to County Assessor as required by H.B. 1288 has been complied
with. (This instrument.is not required to be recorded, but must be
delivered to and retained by the Assessors Office in the County in
which the property is situated)
Jan. 20. 1998 3:37PM PITKIN COUNTY TITLE N. 3704 P. 5/6
,KT . .
SCHEDULE 8 SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
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,
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 cervices, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
°• 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
7. Right of way for ditches or canals constructed by the authority of
the United States as reserved in United States Patent recorded
August 26, 1949 in Book 175 at Page 299.
8. Restrictions, as contained in instruments recorded in Book 198 at
Page 436 and in Book 200 at Page 263.
9. Easements, rights of way and all matters as disclosed on Plat of
subject property recorded in Ditch Book 2A at Page 264.
10. Easements as set forth in Book 203 at Page 217 and as shown on Plat
recorded in Ditch Book 2A at Page 285.
11. Notice of Option recorded August 27, 1997 as Reception No. 407734.
moo
Jan, 20, 1998 3:38PM PITKIN COUNTY TITLE No. 3704 P. 6/6
FNT
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following
items in addition to the ones set forth above;
(1) The Deed of Trust, if any, required under Schedule B- Section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION
WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED
HEREUNDER)
Pursuant to Insurance Regulation 89 -2;
NOTE: Each title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominim or townhouse unit) (i) of
that title entity's general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics' and /or Materialmen's Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre - printed Item Number 4 may be deleted from the
Owner's policy when issued. Please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage.
NOTE: If the Company conducts the owners or loan closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage ".
Pursuant to Senate Bill 91 -14 (CRS 10 -11 -122);
(a) The Subject Real Property may be located in a Special Taxing
District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of
such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor.
NOTE: A tax Certificate will be ordered from the County Treasurer by
the Company and the costs thereof charged to the proposed insured
unless written instruction to the contrary are received by the
company prior to the issuance of the Title Policy anticipated by
this Commitment.
This commitment is invalid unless Schedule B- Section 2
the Insuring Provisions and Schedules Commitment No. PCT12145
A and B are attached.
ATTACHMENT #2
Mr. Mitch Haas, Planner
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: 1011 WATERS AVENUE STREAM MARGIN REVIEW
Dear Mitch,
We hereby authorize Alan Richman Planning Services to act as our designated
representative with respect to the land use application being submitted to your office for our
property, located at 1011 Waters Avenue. Alan Richman is authorized to submit a stream
margin application for the property. He is also authorized to represent us in meetings with
City of Aspen staff and the Aspen Planning and Zoning Commission.
Should you have any need to contact us during the course of your review of this application,
please do so through Alan Richman Planning Services, whose address and telephone number
are included in the land development application.
Sincerely,
Bill and Claudia Coleman
278 Alta Vista Avenue
Los Altos, California 94022
a
a
ATTACHMENT #3
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Mitch Haas, 920 -5095 DATE: 11/21/97
PROJECT: 1011 Waters Ave. Redevelopment Proposal
REPRESENTATIVE: Mr. Leslie Rosenstein (Bill Poss & Assoc.), 925 -4755
TYPE OF APPLICATION: Stream Margin Review, GMQS Exemption (may or may not include a Conditional
Use Review for an ADU), and Residential Design Review.
DESCRIPTION: Applicant seeks to remodel an existing residence by constructing an addition. The
lot abuts the Roaring Fork River and its development, even as an addition (provided
the addition adds more than 10% to the floor area of the existing structure or
increases the amount of building area exempt from floor area calculations by more
than 25 %), is subject to Stream Margin Review. As with all residential
development and additions, Residential Design Review would also be required.
The allowable FAR on the lot will be subject to reductions for slopes in excess of
20% and for areas located below the high water line. The lot in question is a
nonconforming lot of record located at 1011 Waters Avenue (Lot 10, Calderwood
Subdivision) and zoned R -15, Moderate - Density Residential.
Applicable Land Use Code Section(s):
Section 26.28.050, Moderate - Density Residential (R -15) Zone District;
Section 26.58.040, Residential Design Standards;
Section 26.68.040, Stream Margin Review (ESA);
Section 26.40.080(B), Lights;
Chapter 26.44, Park Development Impact Fees; and,
Section 26.52.030, Application and Fees.
Review by: The Stream Margin Review is decided upon by the Planning and Zoning Commission at a
public meeting (publication only) -- one step. The Residential Design Review is
conducted administratively by staff, unless staff finds one or more of the standards is not
met; in such a case, a waiver of the standard(s) can be sought through the Planning and
Zoning Commission during the Stream Margin Review hearing (the waiver hearing
requires that the property be posted five (5) days prior to said hearing).
Public Hearing: For any hearings noted in the preceding paragraph, the notice requirements outlines in
Chapter 26.52 will have to be followed.
Referral Agencies: Engineering, Parks, Zoning, Fire Marshal, Water, ACSD
Planning Fees: Planning Deposit Minor ($1080)
Referral Fees: Engineering, Minor ($110);
Total Deposit: $1,190.00 (hours beyond the six covered by the deposit are billed at a rate of $180/hour)
To apply, submit the following information: (Also see Section 26.52.030, Application and Fees)
1. Proof of ownership
• 2. Signed fee agreement
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
' 4. Street address and legal description of the parcel on which 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.
5. Total deposit for review of the application
6. 25 Copies of the complete application packet and maps.
-• HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1 /ea.; Planning Staff= 2
7. An 8 1 /2' by 11" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the
state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development
Department if the project is determined not to warrant a survey document - -- if a waiver is sought, please
submit a letter to Stan Clauson requesting the waiver.)
w 9. A written description of the proposal and an explanation in written, graphic, or model form describing how
the proposed development complies with the review standards relevant to the development application.
Please include and clearly indicate existing conditions as well as proposed.
b" 10. For Residential Proposals (Ord. 30):
a) Neighborhood block plan at 1 " =50' (available from City Engineering Department) Graphically show
the front portions of all existing buildings on both sides of the block and their setback from the street in
feet. Identify parking and front entry for each building and locate any accessory dwelling units along the
alley. Indicate whether any portions of the houses immediately adjacent to the subject parcel are one
story (only one living level).
b) Site plan at 1" = 10'. Show ground floors of all buildings on the subject parcel, as proposed, and
footprints of adjacent buildings for a distance of 100' from the side property lines. Show topography of
the subject site with 2' contours.
c) All building elevations at 1/8" = 1' -0.
d) Floor plans, roof plan, and elevations as needed to verify that the project meets or does not meet the
"Primary Mass" standard.
e) Photographic panorama. Show elevations of all buildings on both sides of the block, including present
condition of the subject property. Label photos and mount on a presentation board.
11. Copies of prior approvals.
- 12. All other materials required pursuant to the submittal requirements packets, as well as the following detailed
requirements. in addition to those mentioned above:
a. Those materials required pursuant to Stream Margin Review standards (see Section 26.68.040(B)(6, 7, 8,
11, 13, and 14) on pages 597 -598 of the Land Use Code).
b. Site plan drawings of the development, at a scale of either one (1 ") inch equals twenty (20') feet or one
(1 ") inch equals thirty (30') feet, composed of one or more sheets with an outer dimension of twenty-
"' four by thirty -six (24" x 36 ") inches, showing the following information:
1. Title by which the proposed development is to be referred.
2. Scale (graphic and written), north point, and date of preparation.
3. Location of municipal boundaries at or near the development.
4. Parcel size in gross and net acres and square feet.
5. Total number, type. and density per type of dwelling units.
6. Total bedrooms per each dwelling unit type.
7. Residential density (gross and net).
8. Estimated total floor area and estimated ratio of floor area to lot size, with a breakdown by building.
9. Proposed coverage of buildings and structures, including the following:
(a) Percentage and square footage of building coverage.
.. (b) Percentage and square footage of driveway and parking.
(c) Percentage and square footage of public street right -of -way.
10. Number and location of off - street parking, including guest, handicapped, bicycle and motorcycle
parking including typical dimensions of each.
11. Lot lines, easements, public right -of ways as per subdivision plat.
12. Exact location of all buildings and structures and building envelopes dimensioned on at least two (2)
sides to the nearest platted property line, reflecting stream margin review's top -of -slope and no -build
zone.
13. Location of temporary model homes, sales office, and/or construction facilities, including temporary
signs and parking areas (as /if applicable).
14. Topographic contours at two (2') foot intervals.
15. Location, species and size of existing plant materials.
16. Location and floor area of existing and proposed buildings, with proposed setbacks indicated.
17. Location of existing and proposed pedestrian circulation system including its interrelationships with
the vehicular circulation system indicating the proposed treatment of points of conflict.
18. Maximum building height of all structures.
19. Existing zoning and minimum required setbacks (front, sides, rear).
20. Area shown on the site plan shall extend beyond the property lines of the proposal to include a
survey of the area and uses within one hundred fifty (150') feet of the proposal, exclusive of public
right -of -way, at the same scale as the proposal and including the following:
(a) Land uses and location of principal structures.
(b) Densities of residential uses.
(c) Existing trees and major features of landscape.
(d) Topographic contours at two (2') foot intervals.
(e) Traffic circulation system.
21. Vicinity map of the area surrounding the site within a distance of at least one -half (1/2) mile,
showing:
- -. (a) Zoning districts.
(b) Location of existing municipal boundary lines.
(c) Traffic circulation systems.
(d) Major public facilities (schools. parks, etc.)
22. Owner's certification of acceptance of conditions and restrictions as set forth on the site plan
(unsigned until review process is completed; to be signed prior to recordation).
23. Statement of variances to City design criteria and standards.
24. Certification by an attorney licensed to practice law in the State of Colorado that the "owners and
proprietors" as defined in Section 29 -526 31 -23 -111, C.R.S., have executed and acknowledged the
plat in accordance with Section 29 -526 31 -23 -104, C.R.S.
In the event that you should have any questions regarding the foregoing, please do not hesitate to contact Mitch
Haas of the Community Development Department at 920 -5095.
* The foregoing summary is advisory only and is not binding on the City. The opinions contained herein are based on
current zoning and regulations, which are subject to change in the future, and upon factual representations that may
or may not be accurate. The summary does not, in any way, create a legal or vested right.
r
MAPS
1. Improvements Survey
2. Site Plan
3. Existing Landscape Conditions
4. Proposed Landscape Plan
5. Site Section
6. Front Elevation
7. Back Elevation
8. Right Elevation
9. Left Elevation
10. Comparison of Existing to Remodel (Back/Left Elevations)
11. Basement Level
12. Main Level
13. Upper Level
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6
MEMORANDUM
To: Mitch Haas, Project Planner
Thru: Nick Adeh, City Engineer
From: Ross C. Soderstrom, ` oject Engineer R5
Date: March 31, 1998
Re: 1110 Waters Avenue Conditional Use for an ADU, Stream Margin, and GMQS Exemption
Reviews
Physical Address: 1110 Waters Avenue, City of Aspen, CO
Legal Description: Lot 10, Calderwood Subdivision, City of Aspen, CO
Parcel ID No.: xxxx- xxx- xx -xxx
After reviewing the above referenced application and making a site visit, I am reporting the combined
comments made by the members of the DRC:
[Site conditions at the time of site visit: February 18 and March 6, 1998; up to 3 - 4 foot snow pack; some
ground surface and features indistinguishable under snow and ice pack.]
1. Application and Improvement Survey : The applicant will need to submit an updated
Improvement Survey plat for the property with the building permit application. The plat needs to conform to
the standards of an improvement survey for stream margin review. Specifically, the plat should identify
wetlands and riparian zones (or a note stating that none exists on this property); and a benchmark for
delineation and reference of the flood plane. The most southeasterly course of the property boundary, in the
river, was platted as 42.09' in the original subdivision, in comparison to the dimension of 47.09' shown on the
Improvement Survey.
The applicant will be required to complete the standard requirements and conditions associated with the
form(s) of development requested in the application.
2. Changes in Conditions: If the proposed use, density, or timing of construction of the project
change, or the site, grading, drainage, parking or utility plans for this project change subsequent to this review,
a complete set of the revised plans shall be provided to the Engineering Dept. for review and re- evaluation.
The discussion and recommendations given in this memorandum apply to the application and plans (received
February 12, 1998) provided for this review and such comments and recommendations may change in response
to changes in the use, density, or timing of the construction of the project, or changes in the site, grading,
drainage, parking or utility designs.
1 OF 4
DRCM0798.DOC
•
Memo - 1110 Waters Avenue Conditiona,,,. Review for an ADU and Stream Margin Reviews
3. ACSD: The applicant should verify the condition and elevation of the existing sanitary sewer
service line to the property. An ejector pump may be•needed to serve the lower levels of this proposed
structure. There are some services in this neighborhood which have been problematic.
4. Trash and Recycling Area: The trash enclosure in the right -of -way of Waters Avenue should be
moved back into the private property. It appears to be common enclosure for this property and Lot 11, next to
this property.
5. Utility Services: The submitted site plan does not indicate locations for new utility services,
however, natural gas and electric utility meters, and water and sanitary sewer service connection points need to
be accessible to service personnel in the completed project and not obstructed by garbage or recycling
containers, other structures or landscaping. All existing and any new easements for utilities shall be shown on
the final improvement plans submitted for the building permit.
6. Site Drainage: The new development cannot release more than historic (pre - development) storm run-
off flows from the site and any increase in historic storm run -off flows must be first routed and detained on the
site. A drainage report and design completed and stamped by a Colorado licensed civil engineer will be
required for the project to accommodate the drainage flows originating from the site. If a ground injection or
re- charge type drainage system is proposed, the percolation rate of the soils will need to be measured and
included as the basis for sizing the infiltration field. The drainage report and plan will be included with the
plan set submitted for the building permit application.
Precipitation intensity curves for a two year (2 yr.) storm frequency should be used in designing the drywell
and drainage improvements. The drainage plan should minimize introducing additional drainage on to the bank
slope, particularly concentrated flows.
7. Driveways, Parking & Pedestrian Area: The site plan correctly shows the driveway width at
ten (10) ft for this lot frontage and zoning. The schematic site plan does not indicate that there is any
designated parking space for the ADU on the property although this will need to be shown on the site plan
submitted for the building permit. The five (5) ft wide pedestrian useable space fronting the property in the
Waters Avenue right -of -way will also need to be shown on the site plan included in the building permit plan
set. (Typically site plans should include the area to the edge of street pavement to show proposed work in the
right -of -way.)
The site plan submitted for the building permit shall contain all the information required of a tree removal
permit (current tree inventory), driveway location and dimensions, site drainage plan, existing and proposed •
easements, landscaping plan, and as further required by Aspen Municipal Code.
8. Irrigation and Drainage Ditches: The improvement survey depicts three (3) "ditches" crossing
the property although the application does not identify the purposes (drainage or in nor ownership of
the ditches. After a site visit with Tom Rubel, Aspen Parks Dept., we determined that none of the features
identified on the improvement survey were legitimate irrigation or drainage ditches.
2 OF 4
DRCM0798.DOC
Memo - 1110 Waters Avenue Conditionaw LL Review for an ADU and Stream Margin Reviews
The largest ditch (approximately five ft in width) appears to be a side channel of the river itself which may
have been dug -out or enhanced from a natural side channel of the river. It diverts from the main river channel
at the upstream end of this property and appears to return to the main river channel within a couple hundred
feet down river. Since this feature is in the river channel and below the 100 yr. flood plane elevation, it should
not be further enhanced nor altered without a stream margin review and appropriate review and permitting by
the Army Corps of Engineers and the Colorado Dept. of Wildlife.
The second ditch (approximately 1.5 ft in width) appears to be the tailwaters of either a side channel of the
river itself where it returns to the main river channel or a former overflow ditch from the Wheeler - East Aspen
Irrigation Ditch located on the adjacent property upstream. Since this feature appears to lie in the wetlands area
and does not appear to have a legitimate purpose as a utility improvement, it should not be further enhanced
nor altered without a stream margin review.
The third ditch (approximately 10" in width and flowing from south to north) appears to be an unauthorized
diversion from the Wheeler - East Aspen Ditch for which the City of Aspen holds the water rights. Unless this
property owner can provide documentation establishing his water rights in this irrigation ditch, we recommend
that this use be discontinued and that the ditch be backfilled at the diversion point from the Wheeler - East
Aspen Ditch located on the property to the south (Ten Ten Ute Subdivision). At this time, city personnel are
not familiar with the course of this ditch past this diversion and do not know what other properties may be
impacted by the continued use of this ditch nor the final outfall or terminus of the flows from this ditch. The
City Water Dept. was not aware of any users of this irrigation ditch other than those who have entered into
lease agreements with the City for use of this water.
9. Conditional Use for an ADU: Recommendations associated with the development of the ADU are
incorporated in the other recommendations of this review memorandum.
10. Stream Margin Review and Special Review: We agree with the top of slope elevation and contour
represented on the submitted site plan (assumed elevation 98'). Generally the proposed development plan
complies with the guidelines of development within the 15 ft top of bank setback for stream margin review
except for the proposed extension of the desk(s) and placement of stepping stone pathway. While removing
approximately 8 ft from the length of the existing building (and the 6 to 8 ft wide deck) is desirable to bring the
building into closer compliance with the current standards of stream margin development, the addition of a
deck approximately 13 ft deep (landscaping and site plan) is contrary to the intent of limiting development in
this zone. This proposed deck is neither "essential" nor does it "(minimize) to the extent possible" the
encroachment into the stream margin area. Replacement with a narrower deck is more suitable.
Replacement of the wooden stairway with a stepping stone pathway does not meet the criteria of "essential"
development although it does minimize the visual impact of the pathway to the site. This substitution of
materials would be acceptable to the Engineering Dept. with any conditions recommended by any other city
department.
The building envelope will need to be delineated by construction fencing incorporating sediment webbing from
a point approximately 30 ft back from the top of slope and around the river -side of the envelope to minimize
the sedimentation potential along the two sideyards and the river frontage. The barrier should be erected prior
to construction and maintained throughout construction until the later of either the issuance of the Certificate of
Occupancy or completion and establishment of the landscaping.
30F4
DRCM079S.DOC
Memo - 1110 Waters Avenue Conditioi ,e Review for an ADU and Stream Margin Reviews
11. Sidewalk, Curb & Gutter: The property owner shall complete and record a Sidewalk, Curb &
Gutter Agreement prior to issuance of the building permit.
12. Improvement Districts: The property owner is required to join any future improvement
districts formed for the purpose of constructing public improvements which benefit the property under an
assessment formula. The agreement would be executed and recorded concurrent with recording the
subdivision plat.
13. As Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the
Aspen/Pitkin County Information Services Dept. as- builts drawings for the project showing the property lines,
building footprint, easements, encroachments, entry points for utilities entering the property boundaries and
any other improvements.
14. Work in the Public Rights - of - Way: Given the continuous problems of unapproved work and
development in public rights -of -way and easements, we advise the applicant as follows:
The applicant must receive approval from: City Engineering (920 -5080) for design
of improvements, including landscaping and grading, within public rights -of -way;
Parks Department (920 -5120) for vegetation species and placement, and irrigation
systems; Streets Department (920 -5130) for mailboxes, street and alley cuts; and
shall obtain permits for any work or development, including landscaping, within
public rights -of -way from the City Community Development Department (920 - 5090).
•
DRC Meeting Attendees:
Applicant: Alan Richman - planner for applicant
Staff & Referral Agencies: Tom Bracewell, Mitch Haas, Rebecca Schickling, Ross Soderstrom, Nick
Adeh, Jack Reid, Nancy MacKenzie, Chris Bendon, Bill Earley
Others: Gideon Kaufman, Bill Sawyers, Bruce Lewis, Michael Thompson, James von Brewer
40F4
DRCM0798.DOC
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