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HomeMy WebLinkAboutcoa.lu.sm.Miller 1490 Red Butte Dr.30A-89 f I CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED:4J19/89 PARCEL ID AND CASE NO. DATE COMPLETE: `i t 2735-013-02-004 30A-89 STAFF MEMBER: XA +v.p PROJECT NAME: Miller Stream Margin Review Project Address: 1490 Red Butte Drive, Aspen Legal Address: Lot 1, Block 1, Red Butte Subdivision APPLICANT: Carolyn Miller Applicant Address: same 5-5477 REPRESENTATIVE: Charles Cunniffe & Assoc. Representative Address/Phone: 520 E. Hyman Ave. , Suite 301 Aspen, CO 81611 5-5590 PAID: YES NO AMOUNT: $780.00 NO. OF COPIES RECEIVED: 3 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES (ii-0) VESTED RIGHTS: YES 0) CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: V City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: g-)4 INITIAL: City Atty / City Eng'nee V Zoning Env. Heal , Housing Other: •• .., ! /.. > , o . i. . /o FILE STATUS AND LOCATION: cLALZ rf 011 CASE DISPOSITION To: File From: Roxanne Eflin Re: 1490 Red Butte Drive, Miller Steam Margin Review Date: May 4 , 1989 On April 25, 1989, the P&Z granted Stream Margin Review approval with conditions* for the project at 1490 Red Butte Drive, involving the relocation of a 1947 log cabin from the 900 block of East Hopkins, to Carolyn Miller's property at 1490 Red Butte Dr. , at the corner of Cemetery Lane. The structure is endangered due to the expansion of the Mountain House Lodge on Hopkins. The applicant, Carolyn Miller, agreed to accept the log structure as an addition to her home. Architect Charles Cunniffe (HPC and the Aspen Historic Trust) volunteered some review assistance and design guidance to help make the project come together. *The conditions of approval as per staff' s recommendation, are as follows: 1. Fisherman's easements for the waters of the Roaring Fork River at least to the high water line or preferably to five feet inland from the high water line be granted. 2. No trees will be removed from the site and no vegetation will be removed outside of the building envelope. 3 . All previously approved development plans which have not been built are considered null and void. cd. 1490rbd Aih MEMORANDUM To: Aspen Planning and Zoning Commission From: Roxanne Eflin, Planning Office Re: Stream Margin Review - 1490 Red Butte Dr. Date: April 25, 1989 SUMMARY: Our search to find a new home for the 1947 "Mountain House" log cabin, to prevent its demolition, has successfully reached a conclusion, provided this Stream Margin review is approved. Mountain House owner John Werning has worked closely with the Planning Office in this relocation effort, however, time is up and construction is ready to begin on the site. Our efforts over the past month revealed a number of potential relocation sites, mostly within the county, however, none came through for one reason or another. Applicant Carolyn Miller, however, notified the Planning Office last week of her interest in the structure as an addition to her home, and we have determined this is the best available site for the cabin. The site is nicely wooded with mature pines lining the bank of the Roaring Fork River, which provide a ideal setting for the log cabin. Its "incorporating design" provides a compatible solution to bridge the log cabin to the 1960 's panabode architecture. We find the character of the neighborhood will not be diminished with the log cabin addition. BACKGROUND: The applicant had plans drawn up previously for an addition, and in 1985 received stream margin review for the proposal.. However, our files indicate that the three-car garage previously proposed for the site where the log cabin relocation is proposed was not approved due to vehicle access off Cemetery Lane. The proposed use of the log cabin will not be for a garage, but rather an expansion of living quarters (master bedroom, bath and office space) . Your approval under Stream Margin review is necessary as the previously, approved building envelope is being expanded with this relocation. APPLICANT: Carolyn Miller LOCATION: 1490 Red Butte Dr. , Lot 1,, Block 1, Red Butte Subdivision ZONING: R-30 APPLICANT'S REQUEST: Stream Margin review approval to provide for the relocation and preservation of the endangered 1947 "Mountain House" log cabin. REFERRAL COMMENTS: 4 x ® i Engineering: In a memo dated April 19, 1989 from Chuck Roth of the Engineering Department, the following comments were made with regard to this application: 1. There are no floodplain issues as the desired location for the cabin/addition is not within the boundaries of the 100-year floodplain. 2 . Permits are required for removal of any tree greater than six (6) inches in diameter. Removal of as little vegetation as possible is suggested, and revegetation is required of any disturbed slopes which might cause erosion of the bank and contribute to sedimentation of the river. 3 . The Engineering Department recommends requesting fisherman's easements for the waters of the Roaring Fork River at least to the high water line or preferably to five feet inland from the high water line. STAFF COMMENTS: The criteria for Development approval are found in Section 7-504 of the Land Use Code. Approval is required for all development activities located within 100 ' from the high water line of the River; review standards and staff's comments are discussed! below: Standard: It can be demonstrated that the proposed development with not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an elevation certificate prepared by a professional engineer registered to practice in the State of Colorado. Response: We find the development activity does not increase the base flood elevation. The addition is not located within a flood plain. Standard: Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. Response: No designated trails exist on the property. The Engineer's request for a fisherman's easement should be met. Standard: The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Response: The development implements the "natural as possible" recommendations set forth in the Greenway Plan. 2 This lot is not indicated on the Greenway and Trails Plan, and no disturbance of the natural environment in this sensitive area is proposed. Further, the plan recommends the preservation of "historic areas and structures" which this development activity responds to. Standard: No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. Response: No trees or vegetation will be removed from the site. The development activity does not alter the slope of the river bank. Standard: To the greatest extent practicable, the proposed development reduces pollution and interference with the natural changes of the river, stream or other tributary. Response: All possible means to eliminate pollution and interference with the river will be utilized. This relocation development only involves a 30' x 32 ' footprint immediately adjacent to the existing residence. Standard: Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course. . . Response: The water course is not being altered. Standard: A guarantee is provided in the event a water course is altered or relocated. . . Response: The water course is not being altered. Standard: Copies are provided of all necessary federal and state permits relating to work within the 100 year floodplain. Response: The development activity is not located within the floodplain. We find the proposed development activity meets the Stream Margin review standards. This proposal replaces any previously approved plans, which are considered null and void with the approval of this proposal. In addition, we are extremely pleased to find a new home for the log cabin, and appreciate the applicant's willingness to accept the structure, and the Mountain House owner's assistance is accomplishing the relocation. RECOMMENDATION: The Planning Office recommends that the Planning and Zoning Commission approved the Stream Margin review subject to the following conditions: 3 1. Fisherman's easements for the waters of the Roaring Fork River at least to the high water line or preferably to five feet inland from the high water line be granted. 2 . No trees will be removed from the site and no vegetation will be removed outside of the building envelope. 3. All previously approved development plans which have not been built are considered null and void. memo.pz.miller 4 041 ' . ® ® J M - N • t Q c • i . 4 fa °�� V ' Z 4 Ill . ..„\,..,c., # 0. . 0 °i < 1 � : ' EE . 2 W tilih, 2 ' >.I f W i ii ijiiit4 - -- J (Mb Z 5 - • . • > • • • • • • • • • .L , • e • �.. • ATTACHMENT 4 1 . The development does not increase the base flood elevation on the property . 2. There are no trails on the property designated on the Aspen Area Comprehensive Plan. 3. The development implements the "natural as possible" recommendations set forth in the Greenway Plan. 4. We are not removing any vegetation or trees, or changing the slope of the river bank . 5. All possible means to eliminate pollution and interference with the river will be utilized . 6. We are not altering the course of the river . 7 . We are not altering the course of the river . 8'. The development does not fall within the 100 year flood plain. • r .-i :4., . ("--/i- 7 . itl,±itit,1/4.;),L, f fir' 1 , 1 ! [i] 4 I/ I IS: gItu1. 0 ! I 144 i f 3 Cabin Still Lookin g For Home Daily News Staff Report moving the house to a site within 10 miles is about $4,000, said Werning, More than a month after a public who got an estimate from a moving appeal to find a taker for a historic log company. cabin that has a date with the wrecking "We had a lot of calls.A lot of people ball, nobody has claimed it. had land that wasn't appropriate for it," "We still haven't found a home for Werning lamented of the first public � it," owner John Werning said Monday. appeal for a new owner. Werning owns the Mountain House Bed The cabin is representative of the time & Breakfast at 905 E. Hopkins, and is when Aspen was emerging as a ski town, planning to expand the facility. The city historic planner Roxanne Eflin said cabin,built in 1947 by the Strong family, earlier.Though not tremendously histor- has to be removed as part of the is in terms of age,it's an important struc- expansion. ture to Aspen, she said. "IT'S GOING to be torn down April The cabin measures 900 square feet. 17. There's no charge. We're giving it For more information, call Eflin at sway," Werning said. The cost of 920-5090 or Werning at 920-2550. , MEMORANDUM To: - Roxanne Eflin, Planning Office From: Chuck Roth, Assistant City Engineer C-le Date : April 19, 1989 Re : Miller Addition/Cabin Relocation Stream Margin Review Having reviewed the above referenced application, the Engineering Department has the following comments: 1. Since the desired cabin location is not within the boundaries of the 100-year floodplain, there are no floodplain issues . 2 . Permits are required for removal of any tree greater than six inches in diameter . Removal of as little vegetation as possible is suggested, and revegetation is required of any disturbed slopes which might cause erosion of the bank and contribute to sedimentation of the river . 3. 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V Ill u) t'lt- '' • \ -/-, la" a n ‘ . .A o u. / • • \ =() 0 0 0 • .• 7 7. / . .,. • • \ ^ CI3 I , _ r 1P.i,54 *1 , 1 ' .: • ,. ' - \ i 0 f7 0 A • \ • „ ---. - _ ,A • , . • . . *. • . . , -I.. . , . . :..e,. ,. . . w _ - --•,\, • — _— — __ - _ _ --1\ \ ____ . . _,\ 1, . ".. ' : ....:•... . *::: : % . ,... . . . ,. ..: ,....,,)•• ,,, . . , ‘.\ ..... .. ..,.,.....• ■coo_i • ■ko-3 ._ __,-„,?.v -;,-. , . \ (I) > C:1 - Y"' D tO 7_ (I) 1 _,,.......L___/--1- \A■i c., _----.... z--- --,. --•„, p Li.)VI _3.) 11) i \',I \ I I■ • • i vh 1 •1 1 4 A I'.TTACIIMIN2 1 •I) USE APPLICATION FORM 1) Project Name Miller. Addition/Cabin Relocation 2) Project Location Lot 1, Block 1 , Red Butte Subdivision, 1490 Red Butte Drive, Aspen, CO (indicate street address, lot & block number, legal description where appropriate) 3) Present Zoning R-3 0 4) lot Size 29 , 620 . 8 s . f . 5) Applicant's Name, Address & Phone # Carolyn Miller 1490 Red Butte Drive, Aspen, CO 81611 925-5477 6) Representative's Name, Address & Phone # Charles Cunniffe & Assoc. , 520 E. Hyman Ave. , Suite 301, Aspen, CO 81611 925-5590 7) Type of Application (please check all that apply) : Conditional Use Conceptual SPA Conceptual historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline ; Conceptual RID Minor Historic Dev. XX Steam Margin Final P[JD Historic Demolition ji(); Mountain.View Plane Subdivision Historic Desi gnati e,.ts 9 • Corxkzni n i umi ration Text/Map Amendment GMQS Allotment t • lot Split/Lot Line QS Exertion Adjustment • 8) Description of Existing Uses (member and type of existing structures; approximate sq. ft. ; number of bedrooms; any previous approvals granted to the properY) 1 residence of, 2 , 837 . 0 s. f . with 4 bedrooms_ plus one room that has a closet but is not being used as a bedroom. 9) Description of t evelc i nt Application The development' -allows for relocation,. restoration and preservation of an historic loci cabin to be set and secured on a concrete foundation, and utilized as a new master bedroom/bath. 10) Have you attached the following? XX Response to.Attachment 2, Submission Contents XX Response to-Attachment 3, Specific Submission Contents XX Response to Attac Tni nt 4, Review Standards for Your Application ATTACHMENT 2 1 . AUTHORIZATION BY OWNER: See Exhibit A 2. STREET ADDRESS: 1490 Red Butte Drive Aspen, Colorado 81611 LEGAL ADDRESS: Lo.,t 1 , Block 1 , Red Butte Subdivision 3. DISCLOSURE OF OWNERSHIP: See Exhibit B 4 . VICINITY MAP: See Exhibit C 5. The proposed development does not fail any of the review criteria . And , in addition, the development allows for the relocation, restoration and preservation of an historic log cabin in the City of 'Aspen. P. EXH T. A April 18, 1989 Aspen/P:itkin Planning Office 130 S. Galena Aspen, Colorado 8161 Re: Stream Margin Application * h I TO WHOM I1 MAY CONCERN: I , Carolyn Miller of 1490 Red Butte Drive, Aspen, Colorado , telephone number 303-925-5477, do hereby • authorize Charles Cunniffe & Associates, 520 E., Hyman Avenue,:, Suite :301 , Aspen, Colorado , telephone number 303-92575590 as my representative to act on my behalf for the.. Stream Margin Application. Carolyn Miller Date • ® 89nB $150 . 00 OWNERSHIP AND ENCUMBIOICE REPORT Made ForM'1 axles Conniffe and Assoc. ,zE 2ibi 7, STEWART TITLE OF ASPEN, INC. HEREBY CERTIFIES from a search of the books in this office that the owner of Lot 1 , Block 1 , RED BUTTE SUBDIVISION County of Pitkin, State of Colorado Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of Carolyn Winn Miller and that the above described property appears to be subject to the following: A Deed of Trust dated October 13 , 1976, executed by Rolla B. Hill , to the Public Trustee of Pitkin County, to secure an . indebtedness of $100 ,000 . 00 , in favor of First Western Mortgage Corporation of Texas , recorded October 18 , 1976 in Book 318 at Page 120 as Reception No. 185047. NOTE: The beneficial interest under said Deed of Trust was assigned of record to Fort Worth Mortgage Corporation, Fort. Worth, Texas by First Western Mortgage Corporation recorded October 18, 1976 in Book 318 at Page 126 as Reception No . 188048. NOTE: The beneficial interest under said Deed of Trust was assigned of record to Cambridge Savings and Loan Association by Fort Worth Mortgage Corporation recorded December 07 , 197E in • Book 320 at Page 878 as Reception Na. 189781 . NOTE: The beneficial interest under said Deed of 'Trust was assigned of record to Columbus Savings and Loan Association, Columbus , Ohio by Cambridge Savings and Loan Association See Continuation Page See Exhibit "A" for easements , rights-Of-way , restrictions and reservations FX 1 adkora i tagYal sitXcI X t 1t XX t1t1l f a�E tag NiXtK414 X o f record . EXCEPT any and all unpaid taxes and assessments. This report does not reflect any of the following matters: 1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report by more than fourteen (14) years. 2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or until the governing statute of limitations has expired, whichever is the longer period. 3) Unpaid tax liens which, from date of payment, antedate the report by more than seven (7) years. Although we believe the facts stated are true, this Certificate is not to be construed as anrabstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any state- ment contained herein. Dated at Aspen, Colorado, this 14th day of April A.D. 1939 at 1 : 0 A•11,' STEWART TITLE OF ASPEN, INC. ByZeta.../0 Authorized Signature Stewart Title Form OEZ 10/82 I - 411 411 ORDER NO. : 2789AB PAGE -2 recorded November 04 , 1977 in Book 338 at Page 13 as Reception No. 198944. NOTE: The beneficial interest under said Deed of Trust was assigned of record to Columbus Savings and Loan Association, Columbus , Ohio by Cambridge Savings and Loan Association recorded January 18 , 1978 in Book 342 at Page 260 as Reception No. 201198 . A Deed of Trust dated June 21 , 1985 , executed by Carolyn Winn Miller, to the Public Trustee of Pitkin County, to secure an indebtedness of. $137 ,000 . 00 , in favor of Robert Regulski , Philip L. Sullivan and Harvey Gilmore, recorded June 21, 1985 in Book 488 at Page 539 as Reception No. 269138 . A Deed of Trust dated April 10 , 1989 , executed by Carolyn Winn Miller , to. the, Public .Trustee of Pitkin County, to secure an indebtedness of $360 ,000 . 00 , in favor of Citicorp Mortgage, Inc . , recordedkApril 14, 1989 in Book 590 at Page 49 as Reception No. 310596. • • a Exhibit A Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted , as reserved in United • States Patent recorded in Book 55 at Page 5 . Terms , conditions and obligations of Protective Covenants of Red Butte Subdivision recorded September 23 , 1960 in Book 191 at Page 598 , and Addendum and Amendment to Protective Covenants recorded June 21 , 1979 in Book 371 at Page 116 as Reception No. 215592 and amendments thereto recorded August 15 , 1980 in Book 393 at Page 200 and 202 as Reception No. 226004 and recorded August 18 , 1981 in Book 412 at Page 638 , and recorded October 30 , 1961 in Book 416 at Page 695 and recorded February 13 , 1986 in Book 505 at Page 360 as Reception No. 275604 •and recorded February 24 , 1986 in Book 505 at Page 967 as Reception No . 275844 and recorded March 30 , 1986 in nook 507 at Page 594 as Reception No . 276636 . Utility easements as shown on Plat of said Subdivision . • 411 411 ATTACHMENT 4 1 . The development does not increase the base flood elevation on the property . 2. There are no trails on the property designated on the Aspen Area Comprehensive Plan. 3. The development implements the "natural as possible" recommendations set forth in the Greenway Plan. 4. We are not removing any vegetation or trees, or changing the slope of the river bank . 5. Ali possible means to eliminate pollution and interference with the river will be utilized . 6. We are- not altering the course of the river . 7. We. aret not altering the course of the river . 8. The development does not fall within the 100 year flood plain.