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HomeMy WebLinkAboutLanduse Case.SM.1100 Black Birch Dr.16A-86 PASELOAD SUMMARY SHEET City of Aspen 2 9 � 113- O -Q¢'' l / DATE RECEIVEI�C' (Pi /4u: CASE NO. I @iQ (/; � `, DATE RECEIVED CO PLETE: i TAFF: S 5 PROD ECT NAME : I_ // 1 t O 41 .- it `. -, ' i / AA it A .( 1, ( APPLICANT:( .) Applicant Address /Phone ^.11C ))i1,l ik - L'��i�(iC! (�, 4((L��- j - ��,�t!� RE PR ES EN TAT IV E : i I Representative Address /Phone: Type of Application: I. GMP /Subdivision /PUD 1: 1. Conceptual Submission 20 $2,730.00 m tika 2. Fil mPay Plat 12 1,640.00 3. Final Plat t 6 820.00 Sal II. Subdivision /PUD 1. Conceptual Submission 14 $1,900.00 2. Preliminary Plat 9 1,220.00 3. Final Plat 6 820.00 \ 111114° III. All "Two Step" Applications 11 $1,490.00 IV. All "One Step" Applications I 5 $ 680.00 V. Referral Fees - Environmental Health, Housing Office 1. Minor Applications 2 $ 50.00 zioc 2. Major Applications 5 $ 125.00 A Referral Fees - Engineering / Minor Applications'/ 80.00 Major Applications 200.00 V )/ P &Z CC MEETING DATE: S Ci PUBLIC HEARING: YES LI:10 DATE REFERRED: INITIALS: - tri REFERRALS : _[� City Atty Aspen Consol. S.D. School District ✓ City Engineer Mtn. Bell Rocky Mtn. Nat. Gas Housing Dir. Parks Dept. State Hwy Dept (Glenwd) Aspen Water Holy Cross Electric State Hwy Dept (Gr.Jtn) City Electric Fire Marshall ✓ Bldg: Zoning /Inspectn Envir. Hlth. Fire Chief Other: _ Roaring Fork Transit Roaring Fork Energy Center FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer Building Dept. Other: Other: r.:. r. Mil rmno nee rx r norm 'MAT _ CASE DISPOSITION: R viewed by: Aspen P &Z'. City Council O (% I7 I1 D b I 2 L7, iip„ t Vl _ Lc rry\ B "t4Jv� m 1vi$.4 1 ,11, fIcy ie ti ( a i 12 `1 r�y. ,,J� �' r -nf .2 H ✓,. h.. V 1. All construction shall meet area and bulk requirements of Section 24 of the Municipal Code. 2. Any tree removal is subject to Section 13 -76 of the Municipal Code. Plans for planting trees shall be submitted to the satisfaction of d Planning Offic i o a building permit. 3. A revised plan shall be submitted to the Engineering and Planning Office containing additional contour infor- mation, delineation of 100 year floodplair., plan title and architect's statement as requested in Chuck Roth's t.-u• andua .L 9, 1986. -pitb ssuance of •uilai • er • Reviewed By: Aspen P &Z City Council MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Office RE: Wells /Gordon Stream Margin Review DATE: June 13, 1986 LOCATION: Lot 10, Black Birch Estates Subdivision, 1100 Black Birch Drive. ZONING: R -15 (PUD). LAND AREA: 20,240 square feet. PROPOSED TOTAL BUILD -OUT: 4,593 square feet. ALLOWABLE FAR ON SITE: 4,814 square feet. APPLICANT'S REQUEST: The applicants propose to construct an addition to the main house of approximately 324 square feet (footprint, 2 story: 648 sq. ft.) and a garage addition attached to the existing garage /bedroom of approximately 633 square feet. APPLICABLE SECTION OF THE CODE: The property is situated within the boundaries of the 100 year floodplain as described in the Federal Emergency Management Agency Issuance Study and therefore subject to stream margin review according to Section 24- 6.3(b) . Section 24- 6.3(a) states the Intention of the Stream Margin and Flood Hazard Review (as recently amended by Ordinance 85 -62) as follows: a) Intention: To guide development and encourage appropriate uses of land in proximity to designated natural water courses, to promote safety from flooding, to prevent impediment of natural water flow, to insure provisions for adequate protection and preservation of designated natural water courses as important natural features, and to restrict development in flood hazard areas. Review criteria for the stream margin review is stated as follows in Section 24- 6.3(e): 1) No development shall occur within a special flood hazard area unless is can be demonstrated that there will be no increase in base flood elevation as a result of the development, as shown by an elevation certificate prepared by a professional engineer registered to practice in the State of Colorado. 2) In the event there is a trail designated by an approved trail plan within the development site such trail shall be dedicated for public use. 3) All attempts should be made to implement the recommend- ations of the Roaring Fork Greenway Plan prepared by the Roaring Fork Green way Committee. 4) Vegetation shall not be removed nor any slope grade changes made that may produce erosion of the stream bank. 5) All efforts shall be made to reduce pollution and interference with the natural changes of the river, stream or other water course, and to enhance the value thereof as an important natural feature. 6) Written notice shall be given to the Colorado Water Conservation Board prior to any alteration or relocation of the water course, and a copy of said notice shall be submitted to the Federal Emergency Management Agency. 7) In the event a water course shall be altered or relocated, the applicant and applicant's heirs, successors and assigns shall provide maintenance to assure that the flood carrying capacity is not diminished. 8) Copies shall be submitted of all necessary federal and state permits relating to work within the one hundred year floodplain. PROBLEM DISCUSSION: A. Referral Agency Comments: 1. Engineering Department - In a memorandum from Chuck Roth dated 6 -9 -86 (attached) it is stated that the Engineering Department is satisfied that the proposed construction is not located within the 100 year flood - plain, however mapping requirements have not been met. 2. Zoning Official - In a 6 -3 -86 memo from Bill Drueding the concern is pointed out that the existing garage/ - bedroom may constitute a second dwelling unit; and the proposed addition may be an enlargement of that noncon- formity if the structures are not brought into zoning code conformity. In addition, it is stated that a landscape plan should be reviewed by the Parks Department regarding possible removal of trees. B. Staff Comments: The development proposed would not appear 2 to impede water flow in any way according to the Banner Engineering Report and the City Engineering Department. The Aspen Area Comprehensive Plan: Parks /Recreation /Open Space/ Trails Element indicates no trails along Castle Creek that would be effected by the development plan. The proposed addition to the main house appears to comply within the review criteria of the stream margin review. We note that one bush would be removed. Two mature cottonwood trees would be removed in order to build the garage addition. Criteria (3) of the stream margin review refer to implementation of the recommendation of the Roaring Fork Greenway Plan. Recommendation B.9 of the Greenway Plan states: "Strive to maintain the Greenway as a natural area by keeping construction to a minimum ". Recommendations C3 and 4 read as follows: "3) Work toward ordinances and procedures that prohibit the modification (butting of trees, filling of the river, grading, etc.) of natural areas adjacent to the Greenway. Consider requiring "on -site" review of all constructions, alterations, or modifications that may potentially affect the Greenway or adjacent areas. 4) Prohibit riverfront constructions (either on private or Greenway lands) for the following reasons: a) They are potentially susceptible to periodic flood damage. b) They eliminate the dynamic processes of river change and adjustment. c) They destroy or drastically alter the river eco- systems. d) They destroy the scenic beauty of the area and deprive the community of one of its uniquely pleasant natural areas." The applicant has stated verbally that the garage addition location proposed works best in terms of neighbor's visual impacts and that he intends to plant a significant number of trees on the site. Given the dense grove of trees we do not believe that the trees removed will drastically alter the eco- system or destroy the area scenic beauty. Section 13 -76, requiring Parks Director and Building Inspector approval prior to authori- zation of tree removal, is still needed. The issue of enlarging a non - conformity raised by the Zoning Official is separate from the stream margin review and may need 3 to be resolved by the Board of Adjustment. RECOMMENDATION: The Planning Office recommends stream margin review approval of the proposed house addition of approximately 324 square feet and garage addition of approximately 633 square feet subject to the following conditions: 1. All construction shall meet area and bulk requirements of Section 24 of the Municipal Code. 2. Any tree removal is subject to Section 13 -76 of the Municipal Code. Plans for planting trees shall be submitted to the satisfaction of the Parks Director and Planning Office prior to issuance of a building permit. 3. A revised plan shall be submitted to the Engineering and Planning Office containing additional contour infor- mation, delineation of 100 year floodplain, plan title and architect's statement as requested in Chuck Roth's memorandum of June 9, 1986 prior to issuance of a building permit. SB .613 4 ifraw THOMAS WELLS & ASSOCIATES ARCHITECTS 314 SOUTH MILL STREET ASPEN. COLORADO 81611 TELEPHONE 303 925 -7817 moug MEMORANDUM I V, JUN f01986 J U ..ice___._ j J To: Steve Burstein, Planning Office From: Chuck Roth, Assistant City Engineer Cie Date: June 9, 1986 Re: Wells /Gordon Stream Margin Review Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. The City of Aspen floodplain mapping indicates that the applicants parcel is located in the 100 -year floodplain. The applicant retained the services of a professional engineer in order to perform a site - specific floodplain analysis. A copy of that report is attached. It was found the mapping on which the floodplain study was based had some inaccuracies due to the heavy tree cover in the area which could not be penetrated by the aerial photography techniques. Therefore, a registered surveyor obtained elevations on the site which were analyzed by the engineer and which indicated that neither the structure nor the proposed additions are within the 100 -year floodplain. 2. The Engineering Department is satisfied that the proposed construction is not located within the 100 -year floodplain, however the development plan does not meet all the requirements of Section 24- 6.3(d). We recommend that approval be conditioned upon receipt of a revised plan containing the following addi- tional information: Sec. 24- 6.3(d)(2) Two foot contours; five foot intervals for grades over 10%. Section 24- 6.3(d)(6) The 100 -year floodplain line. Title of plan: Wells /Gordon Stream Margin Review Develop- ment Plan. An Architect's Statement, signed and stamped, declaring that the information depicted on the plan is true and accurate to the best of his knowledge. CR /cr /a:wells.str cc: Jay Hammond, City Engineer BANNER June 4, 1986 Mr. Thomas Wells 314 S. Mill St. Aspen, CO 81611 RE: Flood Plain Review Dear Tom: I recently completed an revive of the flood plain report and the proposed additions to your residence and garage at Lot 10 of the Black Birch Subdivision. The following is a summary of significant findings: 1. The entire lot is situated within the boundaries of the 100 year flood plain as described in the recent Federal Emergency Management Agency Flood Insurance Study, Dec. 4, 1985. 2. The FEMA Study used the Cooper Aerial Survey data of 1975 for establishing the stream bed and water surface profile. Due to the dense ground cover of willow brush and the overhead canopy of the large cottonwood trees, the topography is discontinuous in this area and may have affected the accuracy of the FEMA analysis. • 3. An on -site survey recently prepared by Alpine Survey of Aspen determined the specific elevations on the site which are shown on the attached spreadsheet. Upon reviewing that work and comparing the actual depth of the river channel with the flood water depth calculated in the FEMA report, it appears that the flood waters under a 100 year frequency event will remain in the river channel and not directly affect either the house or garage structure. 4. It is likely that under a 100 year event a secondary channel may develop Westerly of lot 10 and inundate the small stream that currently flows in that area. However, due to the natural topography and the landscape modifications completed at the time your house was constructed, this secondary flow should not affect either of the existing structures or the proposed additions. 6. The Flood Plain Information Report prepared in 1974 by the U.S. Army Corp of Engineers locates your residence beyond the reaches of the 100 year event and supports my assumptions. BANNER ASSOCIATES, INC. BANNER ASSOCIATES, INC. CONSULTING ENGINEERS & ARCHITECTS CONSULTING ENGINEERS & ARCHITECTS SUITE 6, 605 EAST MAIN 2777 CROSSROADS BOULEVARD ASPEN, COLORADO 81611 •• (303) 925 -5857 GRAND JUNCTION, CO 81506 • (303) 243 -2242 In conclusion, based on my review and analysis of available. information, I feel that the proposed additions to your house and garage will have no significant impact on the flood plain nor will they cause any significant backwater (ie. greater than one foot) that will impact upstream properties. I hope this supplies the information needed by the City of Aspen for their Stream Margin Review. If I can be of any further assistance I can be reached at 935 -5857. Sincerely; f� N� ' Patrick Dobie P.E. Project Manager Banner Associates Inc. cc Chuch Roth, Aspen Engineering Dept. WELLS FLOOD PLAIN REVIEW Lot 10 Black Birch Subdivision LOCATION STA BOTTOM OF 100 YR.W.S. BOTTOM OF ADJUSTED TOP OF CREEK ELEVATION CREEK W.S.ELEV BANK FEMA ELEV ALPINE ELEV Center line Castle Crk. @ N.prop. line 3 +2 47.2 51.5 44.1 49.6 51.1 = 4.3' (45.3) [1.5] 3 +64 48.5 52.5 46.7 50.3 51.1 = 4.0' (46.3) [0.80] 4 +0 49.2 53.0 46.0 50.8 52.5 = 3.8' (47.0) [1.7] 4 +17 49.7 53.5 48.2 51.3 53.7 c = 3.8' (47.5) [2.4] Center line Castle Crk. @ S. prop. line 4 +6 50.5 54.2 48.5 52.5 53.7 = 3.7' (48.5) [1.2] ( ) = adjusted elevation 1 [ ] = freeboard A a°©W° IAN - 4 '� U M E M O R A N D U M TO: Steve Burstein, Planning (� FROM: Bill Drueding, Zoning (/l.L RE: Wells /Gordon Stream Margin Review DATE: June 3, 1986 1) The site plan submitted for referral does not show the existing deck and stairs attached to the garage. 2) The existing garage currently has above it a bedroom and full bath with an outside entrance. Building plan currently in the Building Department indicates this bedroom will be expanded to the lower level and the existing garage eliminated. Section 24- 3.1(g), of the Aspen Municipal Code, states, "Dwelling Unit: One or more rooms, in addition to a kitchen and /or bath facilities, intended or designed for occupancy by a family or guests independent of other families or guests." It is my opinion that this structure constitutes an additional dwelling unit. A site visit was made by Assistant City Attorney Karen Macglaughlin. Her final determination was that if the outside entrance was removed this would bring the bedroom into conformity with codes. This interpretation should be verified with her. 3) Applicant should be aware that land under water will be excluded in calculation of allowable density as set forth in Section 24 -2.6, of the Aspen Municipal Code, which states, "Whenever there is proposed for development a tract of land partially under water at any time during the year, there shall be excluded from the calculation in determining allowable density or required open space those areas of the development tract under water and up to the mean water line." 4) A citizen has called me with concern that a number of trees were tagged for removal. A landscape plan should be reviewed by the Parks Department. cc: Karen Macglaughlin, Asst. 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""' G••••••• "•"" G•••••••• """" m'••••••••"•"......GG GGG 1......Gml .... •• G CG amGTmmaamGGmnmmGGG.G.BGG ......... a..G.0 ......................... .. �,miu... ...•...... ul........•••G•1......GCGGGa... ............aGGGo.. ••••••••• n•••••••• G•• G•• C•••••••• G•• ••G•••CGu1aml®GmalmamaaaGGmGmG 1 1111E •- mG ' Ga.u... a••••• ••••'••C••••••G•••GG•TGGCGGImaT mmIG'•G' • • • •' . ... ..................... .. . ... . aaGGla. .mam..mGC.C..mG ■G..GmmG000m1GG amppNn ®malamCllmmmllmaGIGCm - • C•• GGCGG• aGGCI.... u.0 GGG a111111GC1G1C1G1CIG16 'lamaa®UGalaEGmmlLlmmlmaM 3 1a1E17 8111111118110115I:G 8111181CG1MIZIMI IIIaaIIRIM'MIGGGm ®N - J1 J r 4 MEMORANDUM TO: City Engineer Zoning Official FROM: Steve Burstein, Planning Office ( RE: Wells /Gordon Stream Margin Review DATE: May 23, 1986 Attached for your review and comments is an application submitted by Tom Wells requesting stream margin review to the addition at his home located at 1100 Black Birch Drive. Please review this material and return your refe - • .-• s to the Planning Office no later than June 3, 19:. so this office ,as adequate time to prepare for the P &Z meeti.g on June 17, 1986. Thank you. _ 7 =e� gy p - /47 cdd s (1/4-t(2 CryW 74,1 /� SL vv -v WS4 • Oicv fi 444-vc_ «S (te-cee 5 � ?7,,•_0s c r' Ar r/47P- MEMORANDUM TO: City Attorney City Engineer Zoning Official FROM: Steve Burstein, Planning Office RE: Wells /Gordon Stream Margin Review DATE: May 23, 1986 Attached for your review and comments is an application submitted by Tom Wells requesting stream margin review to the addition at his home located at 1100 Black Birch Drive. Please review this material and return your referral comments to the Planning Office no later than June 3, 1986 so this office has adequate time to prepare for the P &Z meeting on June 17, 1986. Thank you. • d THOMAS WELLS & ASSOCIATES ARCHITECTS 314 SOUTH MILL STREET ASPEN, COLORADO 81611 TELEPHONE 303 925-7917 1772 TT. g OWE itc NAY I 5 IN l i\\ ..,annInq J:7•10.31 , 37 :r:vr‘,• 7.07;Ther wouli aot•recliie nPInc tne meeti:n-r artc :=.c. .F:f• me oL:--e:Trace , 7!rc:inct viater Er i_oc)r ove. (It th2 :s :hc. sane anprtiat_v flve -•672et abc‘v C. 7 1 7 7 7 3 7": n •H7C 7 r Ai 2 11777 W a 1 S 7 77 1 - I, ..•7: e 7:7 C: '77 7 7 :7; 7 :11 2Cr1 :7 111 7' ..7',E• V 77 7 7'. 7, 717 11 , h tole -any •wy • FITZHUGH SCOTT 111 ATTORNEY AT LAW 117 SOUTH SPRING STREET ASPEN. COLORADO 81611 TELEPHONE 1303) 9251 216 ©IE IM MAY 2 2 19 Hty. May 21, 1986 Mr. Sheldon Cordon 11611 San Vicente Blvd. Suite 515 Los Angeles, CA 90049 Re: Lot 10, Black Birch Estates Dear Sheldon: Enclosed is a copy of a Warranty Deed from Pitkin County Bank & Trust to you on Lot 10, Black Birch Estates. According to Stewart Title Co., this deed has never been recorded. Would you please locate the original and record same. Best wishes, cn. " u.4.; e .�i . 0 i o e7 . FSog j/,{.ti P tzhugh Scott III Enclosure Reception Nu lonl∎ • Retorded:n WARRANTY DEED Pitkin County Bank & `('rust Company whose aJdrcss is 534 E. llyll,an Avenue, Aspen, CO 81611 *County of Pitkin , State of Colorado , for the consideration of 'j Three hundred forty two thousand eight hundred seventy- five arrd 33/100 dollars, m Ic paid, hereby sell(s) and conveyts) nt Sheldon M. Gordon • whose legal address is 11611 San Vicente B Lvd. , aulte 515, Los Angeles, CA 9004 9 I I County of , and Scale of California the following real property in the Count) of Pitk.tn , and State of Colorado, to wit: Lot 10, Black Birch Estates. • • j also known by street and number as 1 N. Bi ackbirch Road, Aspen, CO 81611 with all its appurtenances, and warr:mils the title to !hr same. subject to 1 • • Signed this 10th day of April . 19 86 Pitkin )rynt, /Bank & Trust Cgnpany - By: Allen R. Koeneke, PresJ.dexltr -T jh STATE OF COLORADO, e 1' ss. County of The foregoing instrument was acknowledged before me in the County of Pitkin State of Colorado, this 10th day of April .19 86 , by Allen R. Koeneke, President of Pitkin County Rank & `Pruet,Corrlpany My comntissipn expires September 29, 1987 Witness my h' d a nd o scat _ lama Brown/Notary %olio expires - P.O. !mr 3677, CO. 81412 'It in Denver, i n-i 'C'+ i : ly and. "C My Commission ex P rw 9 �� c t p' • ' \o M'17. Rtv 5 -& 1%AKR%5I 01 1) nn,ri rarmi uadm„ till a r,a, n.c h11214 • 1101i 211 ins w ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 925 -2020 RE: LJ a \ \. 4:,\■1-1. V \n t • Dear 'At This is to inform you that the Planning Office has completed its preliminary review of your > } `•" application for complete- ness. We have fietermined that your application _ is completes .(1\--Q- ,.3. t � k \l �.e. S. � > -tc t-W J is not complete. The additional items we will require are as follows: Disclosure of ownership (one copy only needed) . Adjacent property owners list (one copy only needed). Additional copies of entire application. Authorization by owner for representative to submit • application. -- Response to the attached list of items demonstrat- ing compliance with the applicable policies and regulations of the Code, or other specified materials. A check in the amount of $ is due. A. Since your applic do is complete, we have scheduled it for review by the v on .S` L1 We will be calling you if we need any additional information prior to that date. In any case, we will be calling you several days prior to your hearing to make a copy of the review memorandum available to you. Please note that it (is) (is not) your responsibility to post your property with a sign, which we can provide you. B. Since your application is incomplete, we have not scheduled it for public review at this time. When we have received the materials we have requested, we will be happy to place you on the next available agenda. Please feel free to call � k , who is the planner assigned to this case, if you have any questions. Sincerely, ASPEN /P KIN PLANNING OFFICE Alan ichman, Planning and Development Director AR:jlr C LS ti, l \ ,