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HomeMy WebLinkAboutcoa.lu.sm.Lefton 1440 Red Butte Dr.A022-99 • . PARCE 2735 013-02001 DAT �VD 3/2/99 #CC? ES 1NO A024 99 ' K '','ME; Lefton Stream Margin Exemption PLNRt Sarah Oates(w/Chn \o�ti \y /�iniii/aiiiiaha��\\�\\a\\r 'iii%"1,u'` ......: - I PR}J'ADDR 1440 Red Butte Drive DASETYE Stream Margin Exemption } STEPS \�u\ea K w //H,Y !t� •i jY,4ty • �.\,Yl y.. �,,, PP: Don Lefton ADR 3250 Mary Street C/S Miami, FL 33133 IHrN l (366)446-4219 s REPS Anderson Design Studio/Ear[ ADR 117 AABC,Ste 201 t\ CIS , Aspen,Co 81611 ( PHIS 925-6723 460(d)+ 160 tel FEE REVD 620 6TATt �; r ci ao �;_ r, tiu..... , , REFER L5� ���\ \� \DUE � � �._sue ..., \ as \\`.`l�'4-7","—\\.,,,1::: ,? TOa SATE.. . . P ,, NOTtC ,-. �.- ALFA �\`\\,„:4:1011,,, , , � � DATE FtN TI{�N Y' REMARKS � a , %t a CLOSED 7 BYE \\11 ../ / P 4T SI.g_ -R4*,,(BK,Pa) \ ADMIN VL,r - • • • -t Don Lefton 3250 Mary St. Miami,FL 33133 305-445-4219 February 19, 1999 Aspen/Pitkin Community Development Department 130 S. Galena Street Aspen, CO81611 Re: 1440 Red Butte Stream Margin Review To whom it may concern: I hereby authorize Earl Anderson, of Anderson Design Studio, Ltd. with offices at 117 AABC, Suite 201, Aspen, CO 81611, 925-6723 to be my representative for the 1440 Red Butte Stream Margin Review. Since , Don Lefton (IA 91 A er44,11\j�o \22ci .._.....1 • ill 1 , . 18 Community?ages :;,,,,: t.,,e-,,--- 0 U S WEST 1998 .- _ .........• . 4spen Street Map . . .„. 4 rir 1 ._ ) 111X c;'. ' , 1, , , ..: ) -:;:, 4E■ 0, •--.. ,AP.,4, r,, .A*, 0- 9 \6 ., \r-4.d '-'' / 4"-..../-`) a es. .5. . 2 °meek+. ..), ....>::, ',5..-17''\ ,'9,.. .. Mountain View Dr s,- '---...,_ \ a'reis j,, ...-- !,., •4-.0', ---011 Rd `---?,90, ,..r.Rd ' '''' °''t • i .. -.„ -, •O‘ .L'114 9 ,r 1/4.. \ a - 464- --iiii Snow Bunny Ct : , -"\ \,......."___ st. r/1 „ ‘:\NN. ,., , /er , Seefra et4 ---., .;;;,...\\..„ 00%, ' ,0. . • '".■ To Airport,Basalt li . '``,IP ..•ry---------......:,,,,,, ,104$—. ', "......) : `1 0‘ ..,... 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A N / - _ 44 k '*-- 0 Maroon Lake - —*14 I, \e t-4 4-I nernreset 1 le 1!----e„....„5:6 -...j... nel I.: 4° --- -1 o'21‘0 \- -, , j .----vi,.404,a '••--.. (0 -t. -..., se, aNue _ad 17vie Aspen .1,s, . -D./...._, Maii 6,',-._• __. i•--4.... 04-----,;,....-7 fr , - Nr-Larimp it West L. • Summit& a g ' e . ...' ! .'•.lite P 1 . A 1, . . . . I' • To Ashcroft -- ,---" ft . D U S WEST Dex,Inc.7998 • 0 =Subject Property Vicinity Map 1440 Red Butte Drive (Lot 4, Block 1, Red Butte Subdivision) • • ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT • Agreement for Paymentof City of Aspen Development Application Fees CITY OF ASPEN(hereinafter CITY)and Ve.-4! (hereinafter APPLICANT)AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for i _ . 'IA 141. a ' (hereinafter, THE PROJECT). / 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998) establishes a fee structure for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project. it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT's application. • 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior,to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of$_ LP 0 which is for 24 S hours of Planning staff time, and if actual recorded costs exceed the initial deposit,APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be. made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLICANT By: r'��-�- _ By• /C B Y� lie Ann Woods v� Community Development Director Date: Mailing Address: Oe .12Y4drni_f_fL/' • LAND USE APPLICATION • PROJECT: 0. Name: 0 I .1.i i _ P �N- / RO i / ;'M I i Location: / �' ( ndicate street address, lot& block number, legal description where appropriate) APPLICANT: Name: ayj j€Mk) Address: 2 V) c/ • / :2)w / f Phone#: 44,!:55.-,' • r. j -- REPRESENTATIVE: Name: 3 ,�A,/. �Ar....cJ.I. IdV,ill r .0% f'/ ,I Address: , i iNNW& Ir AM- is Phone#: . 2.6--..- p 7- TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD(&PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA 0 Minor Historic Devt. O GMQS Allotment ❑ Final SPA(& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation `r ESA- 8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Small Lodge Conversion/ Margin,Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, tc.) • / 5IA.. /0 i1 / - -P ,j.. ■ %.4. PROPOSAL: (description of proposed buildings, uses,modifications, etc.) .1:ALL i /i f# _' _ / L . ,I 41 A ( 41 .//.. on 1 ./ 2 griv Ar, ) Hay you attached the following? FEES DUE: $ & s��+" C/ LE Pre-Application Conference Summary [J Attachment#1, Signed Fee Agreement ❑ Response to Attachment#2,Dimensional Requirements Form ❑ Response to Attachment#3,Minimum Submission Contents ❑ Response to Attachment#4, Specific Submission Contents ❑ Response to Attachment#5, Review Standards for Your Application 0 0 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: M a L _ � " ' ,V� 4,, Applicant: r �, Location: �i ar r i _. di- =.,i _/ Zone District: ' -• 30 Lot Size: I MAiral � � j Lot Area: 2 9? �', l- -tea,(fo the purposes of calcu ling Floor Lot Area may be reduced for areas within the high water mark,easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N/k Proposed: WVA Number of residential units: Existing: / Proposed: 1-,1+t-.4' fill a at41,-• Number of bedrooms: Existing: ,I Proposed: �D G 0 Proposed% of demolition(Historic properties only): DIMENSIONS: 4k J. ,,!! /I Floor Area: Existing:1101.0$Allowable:5 og5.11.Proposed: /3 T. l S f . . ad 7, r Principal bldg. height: Existing:f6' + Allowable: ... Proposed Access. bldg. height: Existing: Al/A- Allowable: N/A-- Proposed: N/4 On-Site parking: Existing: Required: 42,.-. Proposed: Ano % Site coverage: Existing: /(!/14- Required: /ti//e}- Proposed: /r/f 4- % Open Space: Existing: /V/A Required: /J/A- Proposed: 11 Front Setback: Existing: 2.7 Required: 2r7 Proposed: /i4 C tia / Proposed: v Rear Setback: Existing: !5 Required: �� p /Vo fC.tio.,��`' Combined F/R: Existing: N/.4 Required: /t/ft Proposed: /I/ Side Setback: Existi4041ft "Required: M '.p " Proposed: `//p Side Setback: Exist:ng Required: ID `..---o - Proposed: Irk Combined Sides: Existing: 4- Required: Proposed: r11e4- Existing non-conformities or encroachme s:/ �., 1i�/�/,->.._-±�.„r,i, .1�. + I.i'%i///%iii/�Ir1/i�t/i/:i�r'%��/' ���//✓,///►////��/., `,' ';i — • eVr/J // / / Variations requested: Al • • • Written Response Stream Margin Review Exemption 1440 Red Butte Drive Attachment 3 1. See enclosed letter of authorization. 2. Project Address: 1440 Red Butte Drive Lot 4, Block 1 Red Butte Subdivision 3. See enclosed information from Pitkin County Title. 4. See enclosed vicinity map. 5. See enclosed site improvement survey from Alpine Surveys, Inc. • Written Response Stream Margin Review Exemption 1440 Red Butte Drive Attachment 4 1. The existing property located at 1440 Red Butte Drive is a single family residence. A thorough evaluation of the site and study of the current FAR has revealed that there exists an additional 186.74 s.f. available for expansion. The owner would like to enclose the existing porch on the rear of the home in order to create a more substantial breakfast room area. This porch enclosure represents a total of 134.31 s.f. 2. See site plan, site section, floor plans & elevations. 3. N/A 4. N/A 5. See written response to attachment 5, enclosed. • • • Written Response Stream Margin Review Exemption 1440 Red Butte Drive Attachment 5 • 1. Correct, the proposed breakfast room from the enclosure of the existing deck will not add more than ten (10) percent of the floor area to the existing structure or increase the amount of building area from floor area calculations by more than twenty-five (25) percent. 2. We will not be removing any trees. 3. Correct, the proposed deck enclosure will not bring the existing building any closer to the high water line than already exists. 4. Correct, the proposed deck enclosure does not fall outside the existing building envelope. 5. Correct, the enclosure of the existing deck will not cause an increase to the amount of ground coverage of structures within the special flood hazard area. C Q O 1=N N O r 0 P P , w I---I v •0 p m - Z Q °J O ,Q ago r Ez � w H Q U ,— Q 0 L 0 Z • 0 • U HE: a)1) � I W � 0 C CO ..Ns\\i'll ac • C L O O LL = T C II U J Y . X °' J • W w T • , U U Q) N o 0 CD Q C C 0 .u) .X X. 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Fidelity National Title Insurance Company • 17911 Von Karman Avenue,Suite 300 Irvine, CA 92614-6253 • Commitment for Title Insurance Relity National Mk Insurance Company "A Stack Company COMMITMENT FOR TITLE INSURANCE FIDELITY NATIONAL TITLE INSURANCE COMPANY,a Corporation,herein called the Company,for valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A,upon payment of the,premiums and charges therefore;all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.insured and the amount of the This Commitment comet shall for have been inserted in Schedule A hereof by the Company,either at the time of policy or policies the Issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and cy obligations hereunder shall cease and terminate six(6)months after th provided that the edate hereof to issue when thep yi or or policies committed for shall issue, whichever first occurs, policies is not the fault of the Company.This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. • IN WITNESS WHEREOF,the Company has caused this Commitment to be signed and sealed,to become valid !; when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is effective as of the date shown in Schedule A as"Effective Date." Pitlria County Title,Ins. t ; 601Z.Sops,3rd Floor Fidelity National 77tieMcsurs: •aeCompeny - Aspen,Colorado 81611 / - 974.925.17661974-925.6527 fax .,� BY l' 1.44I;11 7/ (---ir AV !'"� PreetOont 64(jami. ATTEST '"E �tSP.1 41 -) Countersigned Authorised.ti:to i g . ALTA OM T ENT Valid Only if Schedule A and B are Attached ALTA COMMITMENT.'1966 The coma li„e,o(thi,tournament requite that the lam and thaws be paid pry to the laminae of the title pdtrytri.Therefore,no pn cr(s %Al be Wised until the dwtten have been waned to the Issuing awn* • • CONDITIONS AND STIPULATIONS 1. The term"mortgage",when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown In Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed insured and such parties included under the definition of insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking In good faith (a) to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate of interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, exclusion from coverage,and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein, 4. Any claim of loss or damage,whether or not based on negligence,and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of the Commitment. sr_:: . . .: ::;�.... ........ _ _ • • • F}1T COMMITMENT FOR TI LA INSURANCE �:. 1. Effective Date: 10/13/98 at 08 :30 A.M. Case No. PCT13581 2. Policy or Policies to be issued: (a) ALTA Owner' s Policy-Form 1992 Amount$ TED Premium$ Proposed Insured: Rate:STANDARD PROFORMA (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: DONALD E. LEFTON, ROBYN LEFTON FISHER AND LON TASATCHNICK, TRUSTEE, UTD AUGUST 23, 1994 4. The land referred to in this Commitment is situated in the County of PITKIN, State of COLORADO and is described as follows : LOT 4, BLOCK 1, RED BUTTE SUBDIVISION, according to the Plat thereof recorded September 16, 1960 in Ditch Book 2A at Page 259. PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 970-925-1766 Provisions and Schedules 970-925-6527 FAX A and B are attached. AUTHORIZED AGENT FAT SCHEDULE B - SECTION I 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 : THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. • • • FNT SCHEDULE B 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 Companyc 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 services, 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. Richt of thy proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded August 18, 1889 in Book 55 at Page 5 . • 8. Terms, conditions, obligations and provisions of Protective Covenants of Red Butte Subdivision as set forth in instrument recorded September 23 , 1960 in Book 191 at Page 598; Addendem and Amendment to Protective Covenants of Red Butte Subdivision recorded June 21, 1979 in Book 371 at Page 116, and recorded August 15, 1980 in Book 393 at Page 200, and in Book 393 at Page 202, and in Book 412 at Page 638, Book 416 at Page 695 , Book 505 at Page 360, Book 505 at Page 967 and Book 507 at Page 594 and Amendment recorded March 1, 1996 as Reception No, 390385. 9 . easements, rights of way and all matters as disclosed on Plat of subject property recorded September 16, 1960 in Plat Book 2A at Page 259. 10 . Right of Way Easement granted to Holy Cross Electric Association, Inc. , by instrument recorded November 13, 1989 in Book 607 at Page 301. (Continued) • _ . • FNT 11. Any question, dispute or adverse claim as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in the Castle Creek River lying within subject land; and any question as to the location of such center thread, bed, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands. NOTE: There are no documents in the land records of the Office of the Clerk and Recorded of Pitkin County, Colorado accurately locating past or present location (s) of the center thread, bank, bed, or channel of the above River or indicating any alterations of the same as from time to time may have occured. AND Any rights, interest or easements in favor of the riparian owners, the State of Colorado, The United States of America, or the general public, which exist, have existed, or are claimed to exist in and over the waters and present and past bed and banks of the Castle Creek River. 12. Any claim of 'adverse possession outside of the fence line on the Northeasterly portion of the subject property as shown on Survey by Alpine Surveys, Inc. , dated December 29, 1988 . --13 . Terms, conditions, provisions and obligations as set forth in Agreement for Burying Overhead Utility Lines recorded December 9; 1993 in Book 734 at Page 393 . 14 . Deed of Trust from : Donald E. Lefton, Lisa M. Lefton and Robyn Lefton Fisher To the Public Trustee of the County of Pitkin For :he use of : United National Sank, a national banking association To secure : $1, 600, 000 . 00 Dated ; June 01, 1993 Recorded : July 13 , 1993 in Book 717 at Page 630 Reception No. : 358750 s s FMT ADDITIONAL XNFORMATION 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 8-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO SE 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. PCT13581 A and B are attached. • CITY OF ASPEN V PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 2.1.99 PROJECT: Red Butte Drive Stream Margin Exemption REPRESENTATIVE: Earl Anderson OWNER: TYPE OF APPLICATION: Staff review DESCRIPTION: stream margin exemption Land Use Code Section(s) 26.68.040 Stream Margin Exemption Review by: Staff for completeness, DRC for technical considerations; CD Director for approval Public Hearing: No. Referral Agencies: Engineering, Parks Planning Fees: Planning Deposit Minor($460) Referral Agency Fees: Engineering, Minor($160); Total Deposit: $620 (additional hours are billed at a rate of$180/hour) • To apply, submit the following information: 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. 4_ Copies of the complete application packet and maps. HPC = 12; PZ= 10; GMC=PZ+5; CC = 7; Referral Agencies= 1/ea.; Planning Staff= 1 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. 9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 10. Copy of tree permits required for removal or relocation. 11. Site Section drawing showing approximate top of slope and 45 degree line from that point showing compliance with progressive height limit. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,which is subject to change in the future,and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. MEMORANDUM TO: Plans were routed to those departments checked-off below: iy O Zoning Officer O Housing Director 1?axlcs�Dgparbme O Aspen Fire Marshal O City Water O Aspen Consolidated Sanitation District O Building Department O Environmental Health O Electric Department O Holy Cross Electric O City Attorney O Streets Department O Historic Preservation Officer O Pitkin County Planning FROM: Sarah Oates, Planning Technician Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5090 Fax-920.5439 RE: Lefton Stream Margin Review DATE: March 3, 1999 REFERRAL SCHEDULE DRC MEETING DATE:(note time: 1:30-3:00) March 10, 1999 OTHER REFERRALS DUE TO PLANNER: March 17, 1999 ENGINEERING REFERRAL DUE TO PLANNER: March 19, 1999 Thank you, Sarah • • Memorandum TO: Sara Oates, Community Development FROM: Rebecca Schickling, Assistant Parks Director DATE: March 17, 1999 RE: Lefton Stream Margin Review CC: Engineering Department We have reviewed application submitted on behalf of the applicant for stream margin review for 1440 Red Butte drive. We would request a fisherman's easement from the property line in the center of the Roaring Fork River that extends westward to the rivers edge at approximately the 7714 topographic line as indicated on the survey. MEMORANDUM To: Sarah Oates, Planning Technician Thru: Nick Adeh, City Engineer�`'C 7 From: Chuck Roth, Project Engineer Ole_ Date: March 17, 1999 Re: Lefton Stream Margin Exemption (1440 Red Butte Drive) The Development Review Committee has reviewed the above referenced application at their March 10, 1999 meeting, and we have the following comments: General - These comments are based on the fact that we assume that the site plan can work and no misrepresentation by the surveyor and site designer exists. The wording must be carried forward exactly as written unless prior consent is received,from the Engineering Department. This is to halt complaints related to approvals tied to"issuance of building permit." 1. Floodplain - The proposed work is outside of the 100 year floodplain. Additionally, the work is within the existing building envelope. 2. Site Drainage - Prior to submitting an application for a building permit, the applicant must prepare a drainage plan that demonstrates that runoff during and after construction will be maintained on the site and not permitted to drain to the river. 3. Fire Marshal.- If the enclosed area of the newly enclosed area plus the existing structure exceeds 5,000 square feet, the newly enclosed area may be required to be sprinkled. The plans will be reviewed with the Fire Marshall at the time of application for a building permit. 4. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920-5080)for design of improvements, including landscaping, within public rights-of-way, parks department (920-5120) for vegetation species and for public trail disturbance, and 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. DRC Attendees - Applicant's representative: Earl Anderson Staff: Sarah Oates, Chris Bendon, Ed Van Walraven, Chuck Roth 99M33 • • MEMORANDUM 601 cod"�'tii - 249 � TO: Julie Ann Woods, Community Development Director �OF` FROM: Sarah Oates, Planning Technician oF9S,oFN i0/6-41/ 4y RE: Lefton Stream Margin Exemption-1440 Red Butte Drive DATE: March 22, 1999 SUMMARY: Don Lefton, owner, has applied for an exemption from the Stream Margin Review to enclose an existing deck. APPLICANT: Don Lefton. Represented by Earl Anderson. LOCATION: 1440 Red Butte Drive. ZONING: R-15. Moderate-Density Residential. REVIEW PROCEDURE: Development that meets the criteria in Exhibit"A"may be approved by the Community Development Director. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit"A." The application has been included as Exhibit"B." RECOMMENDATION: Staff recommends the Community Development Director approve this Stream Margin Exemption with the following conditions: 1. The development may occur as represented in this application. 2. The proposed work is outside of the 100 year floodplain. 3. Prior to construction,the applicant shall obtain all necessary permits from the Building Department as required. 4. Prior to submitting an application for a building permit,the applicant must prepare a drainage plan that demonstrates that runoff during construction will be maintained on the site and not permitted to drain to the river. 1 • 4 5. Prior to application for a building permit,the owners shall grant a fisherman's easement across their property within five(5)feet of the high water mark for fishing purposes. 6. If the newly enclosed area plus the area of the exiting structure exceeds 5,000 square feet, the newly enclosed area may be required to be sprinkled. The plans will be reviewed with the Fire Marshall at the time of application for a building permit. 7. Given the continuous problems of unapproved work and development in the public rights-of- way adjacent to private property,we advise the applicant as follow: The applicant must received approval from City Engineering for design of improvements, including landscaping,within the public rights-of-way, Parks Department for vegetation species and for public trail disturbance, and Streets Department for mailboxes, street and alley cuts, and shall obtain permits for any work or development, including landscaping,within public rights-of-way from the Community Development Department. APPROVAL I hereby approve this Stream Margin Exemption for an addition to the Lefton residence, 1440 Red Butte Drive,with the above conditions listed 1-7. UL i • date /c9-,)/99 J. fe Ann Woods, Community Development Director ACCEPTANCE: • I, as a person being or representing the applicant, do hereby understand and agree to the conditions of this approval and certify the information provided in this application is correct to the best of my knowledge. • "41111r_,„„,,, date�7 �9 Anderson,reprresenting Don Lefton, owner. ATTACHMENTS: Exhibit A—Staff Comments Exhibit B-Application 2 • • EXHIBIT A STAFF COMMENTS: Section 26.68.040(C)Exemption. The expansion,remodeling,or reconstruction of an existing development shall be exempt from stream margin review if the following standards are met: 1. The development does not add more than ten(10)percent to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five(25)percent. Staff Finding: The proposed addition is 134 square feet, a 3% increase in floor area. 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 13.20. Staff Finding: No trees will be removed. 3. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development. Staff Finding: The expansion will not be any closer to the high water line than the existing development. 4. The development does not fall outside of an approved building envelope if one has been designated through a prior review. Staff Finding: The proposed enclosure does not fall outside the existing building envelope. 5. The development is located outside of the special flood area and more than one hundred(100)feet measured horizontally from the mean high water line of the Roaring Fork River and its tributary streams, or the expansion, remodeling. or reconstruction will cause no increase to the amount of ground coverage of structures within the special flood hazard area. Staff Finding: The development meets the second standard. 6. All exemption are cumulative. Once a development reaches the totals specified in Section 26.68.040.0.1, a stream margin review must be obtained pursuant to Section 26.68.040.B. Staff Finding: This exemption does not exceed the totals specified in Section 26.68.040.C.1. • riFilt".22-1V 114:21 FROM RSPEWPITKIN COM DR) TO 91305569760S090 P,02 1 , 110 • • • ! . . ; . : . , . . ..- . , GRANT OF FISHING EASEMENT i' 1 ! . I . . ! THIS GRAIVf OF A FISHING EASEMENT is made and entered into dais; 2- day of 17gL1 ,19 f/2,by and between 0 . / . • J.-el? • _ . 1 ( .eninafier referred tofu "Grantor"), and the City of Aspen, Colorado (hereinafter referred:.to as ! . ! , "jpranteell_ i • . i i I, ! •, - • , ! ! . WrINESSETH: WHEREAS,Grantor is the owner of the following described real propertyi located in Pitkin , • • t 1 : 1 (onnty,Colorado,to'Wit: Lot /i / / i . • : 1 i 7 ii--/ -1-(legal description),City of Aspen,Pitkin Cnaty,Cairn& / Yla &. (e-(/- --a--' — : (address),Aspen,Colorado 810.I ! ., • . . .! I • i ; , , . i 1 ! VIBMREAS,Grtantor is desirous of granting to Grant ee a certain perpetual,ifishing Faseinent i , 1 • I and right-of-way °yeti and across said real property under the terms and conditions hereinafter i i 1Ipecifiect,and H • - i . 1 ; . . i ' • WHEREAS,Grantee is desirous of accepting said fishing easement and ri&-of-way. i 1 t i SOW, THEREFORE, for and in consideration of good and valuable 4onsideration, the i • I i • iteceipr and sufficiency of which are hereby ecknowiedged,Grantor hereby dedicates to the Use of he general public,for fishing purses only, a perpetual, non-exclusive easement and right-cf-way 1 ; . , . • : 1 a1on, that pi ;t•, of th.e above described property lying in any portion of the grantor's property 1 . i 1 within the 1 ' .. " Pr L--- River/Creek and a tine which is , 1 live(5)feet(measured horizoOf ntally)above the high water Jiro of the AI*1 . - ! i / - - River/Creek. i • i ! 1 1 • 1 i I 11, - • ' - ! 1 i . i . I . . i . , . . MAR-22-1999 10:21 FROM ASPEN/PITKIN COM DEL) TO 913055697803090 P.02 ...c.:"'-"• )7 .! ! : 1 . , • . ; ..,. i •!, . • • : GRANT OF FISHING EASEMENT , 1 ' ..--- ; • . ; . , • THIS GRANT OF A FISHING EASEMENT is made and entered into this day of 1 i 1 • , 19 ,by and between 1 , (hereinafter referred to;as "Grantor"), and the City of Aspen, Colorado (hereinafter referred to as 1 . ; . ! "Grantee7). i :• 1 I - --- , 1 . • WITNESSETH: ..___ • . i • , , WHEREAS, Giantor is the owner of the following described real property located in Pitkin ! I ! county,Colorado,to it: 1 I ' • . ! (legal description),City of Aspen, Pitkin Cbunty,Colorado : (address),Aspen,Colorado 8101 • . . , . , ; • ....,___. and, • • WHEREAS, Garitor is desirous of granting to Grantee a certain perpetual fishing easement and right-of-way over and across said real property under the terms and conditions hereinafter 1 pecified., and • WHEREAS,Grantee is desirous of accepting said fishing easement and right-of-way. ; , 1 1 - NOW, THEREFORE, for and in consideration of good and valuable eonsideratioh, the • receipt and sufficiency of which are hereby acknowledged, GrantOr hereby dedicates to the use of .• : . • the general public, for fishing purposes only, a perpetual, non-exclusive easement and tight-cf-way • 1 ! i along that portion of he above described property lying in any portion of the grantor's property , 1 Within the , River/Creek and tb a line which is . 1 .• • five (5) feet (measured horizontally)above the high water line of the ; • . . ! . : ,. . Itveriertek. , • 1 i 1 . I . ! .• • 1 . ! 1 • i MAR-22-1999 10 21 FROM ASPEN/PITKIN COM DEU TO 913055697803090 P.03 . 1. i I . I Grantor reserves to self the right to use and enjoy the easement area for all purposes which do;not interfere with the public fishing rights dedicated hereby. ; Grantor represenjts having no knowledge of any recorded or unrecorded agreements, • easements or conveyances with respect to such property which would preclude use;of the property I fo a fishing easement as;contemplated herein. . IN WITNESS WHEREOF, the parties hereto have executed the foregoing on the day and yeah r-above first given- z #6( /F. H I goier 1 , Grantor e ofd Stat )1 A1?E )iss. Clounty o ); The foregoing iristniment was acknowledged before me this oia day o t $ - , l ,jby the above named Grantor(s). WITNESS MY HAND AND OFFICIAL SEAL. "r%"-<.• l Barbara Anne Roberson My commission expires: T552071 5 2071 EXPIRES =', Iriiv. i .. .r••,461.:o „ti ny •0.2000 T pp"ss cc'���, ' BONDED TNRU TROY FAIN INSURANCE,INC. e �i,fid�•N� /' ,taL ,, . . 1 Notary Public • • i • . . ! • TOTAL P.03 ,s MHK—e12-1J'd 10: 1410,1:KUM HWJW,Iii-IIKAN LUM DEU IU 91305.5697003090 P.03 , IR to . , . Grlintor reserves to self tie tight TO use and enjoy the easement area for all purposes which do not ,...._.,, ■ i. intfrfere with the public fishing rights dedicated hereby. 1 I Grantor represenit,s having no knowledge of any recorded or unrecorded agreements, . [ , . casements or corwayanctis with respect to such property which would preclude use of the property for a fishirkg easement asicontemplated herein, IN WITNESS WHEREOF, the parties hereto have executtd the foregoing on the day and ... I I : . yew above first given_ I , , • 1 • A.AL„,-- 4. Grantor 17 1 1 1 . FLog, i■ A , 1 Sof . ., i r■ II 1 . trate >1 .S. COMO 0' .*■41 I )1 . .1, I I 1 • The foregoiltig histrument was acknowledged before me this ilgLdaY . 0 nidal__, P%-b,rby the above named Grantor(s). , . : WITNESS MY HAND AND OFFICiAL SEAL • ! 1 , '1 • , My commission eirpires: . . • 1 . 1 ZUDLI r , 1 astroltat—mormatitiF.Reiax.ic. I ; 0 Lad ..,.. ..,/ gal 1 • , i Notary Public .1 ■ 1 I i 1 i 1 1 1 I I I • I . 1 " I i • . e 1 1 1 I 1 ■ ' 1 • 1 i 1 ■ I‘+,■—■ I [ I , 1 •1 . 1 i 1 [ i ! IDTAL P,03