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HomeMy WebLinkAboutLand Use Case.1125 Ute Ave.04A-89FJ 7%. CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 2/9/89 PARCEL ID AND CASE NO. DATE COMPLETE: 02 2737- 182 -68 -0 A 9 STAFF MEMBER: V-1-L- b a-rh e r PROJECT NAME: H9*6 8040 GREENLINE REVIEW Project Address: 1125 UTE AVENUE, Legal Address: LOT 3 HOAG SUBDIVISION, S18- T10S -R84W APPLICANT: JACK BARKER Applicant Address: LOT 3 HOAG SUBDIVISION REPRESENTATIVE: JOE ZALUBi Representative Address /Phone: 925 -4600 OR 925 -4662 PAID: YES NO AMOUNT: $780. NO. OF COPIES RECEIVED: 8 TYPE OF APPLICATION: 1 STEP: V/ 2 STEP: 1? P &Z Meeting Date 311 J PUBLIC HEARING: YES NO 8 a 7 VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption:- Date: Aspen Mtn_ --.Bl School District , Parks Dept. Rocky Mtn Nat Gas Ho ros- State Hwy Dept(GW) Wa er- 're Marshall State Hwy Dept(GJ) City Electric Building Inspector nvi: - aring Fork Other Aspen Consol. Ener Inter S.D. U� DATE REFERRED: FINAL ROUTING: INITIALS: N DATE ROUTED: I ULI IA I INITIAL: City Atty City Engineer Zoning Env. Health Housing Other: n 1 FILE STATUS AND LOCATION: ' J *K -!J ASPEN • PITKIN December 22, 1993 PLANNING & ZONING DEPARTMENT Mr. Joseph S..Zaluba Mr. Ronald C. Collen 1120 Heatherton Naperville, Illinois 605,63 Dear Mssers. Zaluba and Collen, Our records indicate that, as the property owners of Lot 3 Hoag Subdivision, you still owe the Aspen %Pitkin County Planning and Zoning Department. $3,570.00 for 42 hours of staff work during 1990 and $4042.75 for 25.75 .hours of work done in 1992 and 1993 all pertaining to the 8040 Greenline review of your property. .It is our policy to table further development review for property owners that have outstanding fees to the Department. Therefore, we would like to request. payment. and no,tify.you that the 8040 Greenline application recently submitted'-by Charif,Souki will not .be, rescheduled before- the Planning and Zoning Commission until this office has received payment. . Sin erely., Diane oore, Planning Director cc: John Worcester, City Attorney Marti Pickett, Mr. Zaluba's Representative Brooke Peterson, Mr. Souki's Representative N 130 SOUTH GALENA STREET ASPEN, COLORADO 81611 • PHONE 303.920.5090 FAx 303.920.5197 Printed on -y�W paper i i April 15, 1991 Marti Pickett McFlynn & Pickett P.O. Box I Aspen, Colorado 81612, Re:_ Hoag /Barker 8040 Greenline Review Dear Marti: On March 1, 1991 I sent Mr. Joe Zalub� r n+� tern fl-eritaga Log Homes a letter requesting payment due invoice, He wrote back that an audit had been 'reque� {� f ar never received. Leslie Lamont was the planner on this `sr* e. I have gone through her time sheets back to 1989. The times"leets are attached and if you will look on the back of each one, I have highlighted the hours worked on Hoag in green. I've attached all the correspondence I could find regarding the billing for this project. When I add up the hours that Leslie indicates were spent, I arrive at 46. This does not count the hours that Cindy Houben spent on it. I see from the letter sent by Debbie Skehan on August 1, 1990, that since there had been a change in planners, 42 hours were to be charged and therefore the invoice for $3,570.00. If I can be of any further assistance, please give me a call. Sincerely, Pat Belfont Administrative Secretary As p en /Pit ping Office 130 treet Asp 611 (303) 92 920 -5197 March 1, 1991 . Western Heritage Log Homes P.O. Box 0 1 �. Aspen, for o 81611 1 Att: Joe Zaluba Re: AMOUNT DUE: $3,570 -00 INVOICE`- 7242 - $3,570 BARKER /ROAC .�.ItP�T:fwINE REVIEW Dear Joe: It has come to our attention that your acs' ;:nt WIILLi l the City of Aspen is past due. . If you have *recently wailed itour payment, please disregard this notice. A copy of 'the above referenced invoices are available upon request. If you have any questions concerning your account, the Planning � please call Pat Belfont at g Office (920 - 5090). Your prompt attention to this matter is g�-.-eatly appreciated. cerely, Pat Belfont Administrativ Secretary /Vf LAl�� f� l . recycled paper i t { INVOICE DATE 7/31%90 QUANTITY p.0. ,ORDER DATE VENDOR # CR 007127. 9561.3 007127 UNIT DESCRIPTION OF SUPPLIES OR SERVICES UNIT PRICE AMOUNT �_ UYa ina Amoaflt Invoiced 0072421 ._:._ - �,Y . $38 5:00 A!—,ount 3 hours zt ?85 2 . (I C. DEPT. HEAD OR AUTHORIZED AGENT TOTAL AMOUNT i^ . Aspen/Pil 130 s aspe August 1, 1990 Marti Pickett McFlynn & Pickett' P. O. Box I Aspen, CO 81611 RE: Hoag 8040 Greenline Review Dear Marti,, `i ing Off`c treet 81611 Upon receipt of your letter I asked Sara to pull toc, -ther t_ie timesheets logging. hours to this project. I also :as;-; d. Lem ``.e Lamont 'to review the time she logged in light of thE� specif,.c concerns brought up in your letter. After checking. the timesheets Leslie. feels that her first three hours were spent in getting up to speed on the project. 'We agree that your client should -not have to pay additional charges incurred due to the Planner changing during the process, therefore, we will reduce our invoice from 45 hours to 42 hours. Amy Margerum,'the Planning Director,. feels that this project was very difficult and controversial, the meetings being attended ;by many of the neighbors and their representatives. She believes that all the rest of the hours charged are correct., The site "s a difficult one due to the steep slopes, avalanche chutes on-the property, and the questionable access to the proper —, and ;N ;::a the considerable time spent on this project was warre,, Lzd. I am enclosing a revised invoice in the amount of $3';.x. `;`i.00 which I am confident is a fair and correct billing for this: Pks?oject. Sincerely, Deborah Skehan, Administrative Assistant MEMORANDUM TO: Amy Margerum FROM: Leslie Lamont RE: Hoag 8040 billing DATE: July 24, 1990 Marti Pickett has responded to the billing of the Hoag 8040 application questioning the excessive hours. Debbie and Sara have.-asked me to review the letter and the hours that I logged for review of this application. Mr. Zaluba_ paid for 5.of work. 50 hours of staff time was spent on this, project. He has been billed for 45 hours. This was. a very difficult project. It was also very controversial. Many neighbors and. their representatives attended the Planning and Zoning commission meetings. The 8040 Greenline review process requires a one step review by the P &Z. The site is a difficult one due to the steep slopes, avalanche chutes on the property, and. the questionable access to the property. Cindy prepared a P &Z memo for a meeting in April 1989. That review was tabled. I took over the project when the applicant submitted new information and took the project to the P &Z in August. Again it was tabled for additional information and a redesign of the. house. Another meeting was scheduled for November which was tabled- again because two new issues had surfaced. The P &Z meeting in December, voted not to approve the project., The applicant returned to the P &Z in January and gained approval for a substantially revised project. Review of this project required numerous preparation of memos for the P &Z meetings. Continual review of new information 'that was requested and .many site visits and meetings with the applicant, the applicant's lawyer, neighbors and neighbor's lawyers. My initial three hours that are shown on Sara's time charts I can safely say were educational time and could be waived. This addresses Marti's concern that staff changed in mid- review. But all the other hours that were .spent on this project I firmly believe are warranted. I'would be happy to go through the file with you and /or Marti. cc: Debbie Skehan. Sara Jones LA`" MESSAGE DISP TO Amy Marge'rum TO. Leslie Lamont TO Sara Jones BC Debbie Skehan From: Debbie Skehan Postmark: Jul 13,90 2:38 PM Status: Previously read Subject: Hoag 8040 Greenline Additional Billing ----------------------------------------------------------.-------------------- Message: We received a letter from Marty Pickett protesting an invoice for 45 additional hours. I asked Leslie to write something in response to the specifics in the letter and I asked Sara to pull together information on the hours charged, what dates were they charged and how spent them, Lez or Cindy so that we can respond to Marty. I put a copy of the letter in your mail. Thanks. McFLYNN & P,Y= .;:KETT LAWYERS A PROFESSIONAL CORPORATION THE SMITH- ELISHA HOUSE 320 WEST MAIN STREET. SUITE 1 P.O. BOX I ASPEN. COLORADO 81611 TIMOTHY. McFLYNN' MARTHA C. PICKETT A so A.—O m C—o — July 11, 1990 Aspen /Pitkin Planning_ Office 130 S...Galena Street Aspen, CO 81611 ATTN: Sarah Jones, Administrative Secl ay RE: Hoag 8040 Greenline Review: • Dear Ladies and C,.�; htlemen: TELEPHONE (303) 925 -2211 TELECOPIER (303) 925 -2442 ljt�f 13: My client, �'ue Zaluba, received yuul LifIv —,Lcc�, dated June 20, 1990, charging additional fees for 45 err p n..ing hours beyond the five hours which were allocated for t; rz- "iew of his applica- tion for 8040 Greenline Approval. It i�;<a k�c it ion that these additional fees are not warranted riot. sick #' <<ntiated because the additional time required for review by the ' ylanning -Staff resulted from circumstances outside Mr: Zaluba's control. During the review process, a new Cit 'i`lanner was substituted on the project, which created delay and a tabling of one of the first Planning and Zoning Hearings because, the new planner, Leslie Lamont, requested additional informatJ-tn which had not been requested by the prev'ous planner, Cindy Houben. Most of the site Vicii anr7. rc�7icc_) �'.nc by the 'Pla. nin-c- .& "nni-ng ('nnmj., 7n w?R fill? to the City's request that 'the Applicant redesign the access easement to the property,to avoid the dual- use of the driveway with the ski trail. The Applicant was wiling to go through this lengthy, expensive alternative design process, including increased engineering design fees, drainage design fees and legal ;fees, even though he had the legal right to imprpve the road �s . it was originally located. Please note that 13 6T the 15 final- ±:.onditions of approval relate solely to the relocation of the dri% T.iay. Aspen /Pitkin- Planning Office July 11, 1 "990 Page 2 If you would like to discuss this matter further, please do not hesitate to call me. I believe.that upon your review of the circumstances in this particular case, you will agree that the additional planning fees are not warranted. Sincerely, McFLYNN & PICKETT, P.C. By: ha Pickett M t 11 MCP /kl.m cc: Joe Zaluba zaluba \planning.711, INVOICE NO I'? i CITY OF AS No. 0 ? 4 L 130 S. Galena P 1 ann in ASPEN, COLORADO 81611 DEPT... SOLD TO: SHIPPED TO • Wester:: iterita�.e cc, t 17i,,mes '_ Box 9640. Aspen, CO ATTN: v • oe Ea1uba - AC COUN T CODING ING DU FUND n DEPT.. FUNCTION . - -1 r 6l 3 110712'7 INVOICE DATE P.O.. ORDER DATE VENDOR # CRL '0" 13 00000 63230 6J20/90 007127 QUANTITY UNIT DESCRIPTION OF.SUPPLIES OR SERVICES UNIT PRICE AMOUNT BarkerJrloa 6reenline- .ne`tie�; . - s:uurslicc- =c, SC Tlcu�s rlc�ur,. , k,d 4:, c:itional Hours arl85.00 /�oix 3825.G0 DEPT. HEAD OR AUTHORIZED AGENT TOTAL AMOUNT J 2 ��_i E; ASPEN /PITRIN PLANNING OFFICE 130 S. Galena Street, Aspen, Colorado 81611 June 19, 1,990 Western Heritage Log Homes Box 9640 Aspen, CO 81612 ATTN: Joe Zaluba RE: Barker /Hoag Greenline Review Dear Mr. Zaluba: In a recent review of our records we found that:' add itnal monies were due us for the above-captioned application.. Enclosed is an invoice for the additional time, spent by the Planning Department. There were (5) hours allocated= and (50) hours have been, on the project to date. being invoiced for (4-L) additional hours at a rate o f rye ° hour for a total due of $3825.00. If you have any questions regarding this bill,, please give .me a call. a sin Terely, - 9I&L J A Sara Jones Administrative Secretary encl 0 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Senior Planner DATE: January 19, 1993 RE: Hoag Lot 3 8040 Greenline Wall Amendment SUMMARY: When the 8040 Greenline approval was granted for Hoag Lot 3 in January of 1990 there was a specific retaining wall plan approved by the Commission. Since that approval the applicant, together with Randy/Wedum the architect for the adjacent property owner, have revised the plans for the retaining wall. A revision of this extent is a substantial amendment to the original 8040 Greenline review. APPLICANT: Joe Zaluba, as represented by Marti Pickett and Randy Wedum LOCATION: Hoag Subdivision Lot 3, Aspen Colorado ZONING: Conservation REFERRAL COMMENTS: Please refer to Engineering comments, Exhibit A. STAFF COMMENTS: The 1990 Greenline approval included a tie -in and boulder retaining wall for the new road cut to access the proposed single family home. Please see typical section for tie -in wall and boulder wall, Exhibit B. During recent non - compliance hearings, the applicant proposed a new wall design for staff's review. The original wall was designed for retainage purposes and meant to reduce erosion of the upper slope. The boulder wall segments were also intended for aesthetic purposes. The revised wall is a 32" precast exposed aggregate concrete stem wall. Please see entry road sketch, Exhibit C. As the application states, "Its purpose is not to retain; it is mainly serving as a barrier for water drainage from the hillside, debris flow from the uphill side, as well as allowing for a drainage channel for the driveway." The wall will also act as a barrier from cars and snowplows under - cutting the base of the cut hillside. Staff has reviewed this revision with the applicant's representatives. Based upon the expertise of the engineers working on this revision, staff understands that the precast wall will require less grading and cutting back of the upper slope compared to a boulder wall or any other system. Because of the structural integrity of the slope, basically dry stacked stones, a strong retainage system is unnecessary. A tie -in wall would require extensive cribbing of the slope which is not required. The precast wall provides :a barrier to undercutting and channels drainage. With hydromulching and revegetation of the upper slope, erosion potential will be reduced. In addition the precast wall has a lower profile than a tie -in wall. The revised wall proposal offers a physically sound.solution with minimal impact. RECOMMENDATION; Because less grading of the upper slope is required and the lower wall is less obtrusive than a potentially 8 foot high tie -in wall staff recommends approval of the revised wall plan with'the following conditions: 1. Prior to construction of the wall: a. all !previous approvals that do not pertain to design shall remain in effect. b. the 'applicant shall coordinate the tree location plan and /;or replacement program with the Park's Department. i C. details showing final grades and revegetation of the upper road cut shall be provided. d. the applicant shall consult with the Rappaport's to determine whether a large evergreen above their residence is unstable and should be cut down. 2. A geotechnical engineer shall perform field monitoring during slope grading and retaining wall construction/ installation. A signed and stamped letter shall be provided that all construction was completed in accordance to drawings and specifications. i 3. Signage shall be posted warning nordic skiers and drivers that they share the lower driveway. Only the uphill side of the shared auto /nordic road shall be plowed. 4. Hydroseeding /mulching shall be provided for any areas disturbed by the removal of the debris. 5. A guarantee for the hydroseeding /mulching, plus a 30% contingency for City administration time to compete the project, shall be provided on or before February 24, 1993 if this wasl not already included in the original letter of credit. • r 6. The trail width near the lower portion of the access road shall not be compromised for the access road and shall remain 8 feet wide. 7. This approval is subject to all the terms and conditions of the Findings and Order Resolution of December 15, 1992. 8. The applicant shall adhere to all representations made during the Commission's review. EXHIBITS A. Referral Comments B. Section�of the tie -in wall and boulder wall C. Entry Road Sketch and explanation of wall and revegetation K. PLANNING & ZONING COMMISSION EXHIBIT APPROVED , MEMORAkgDJJ BY RESOLUTION To: Leslie Lamont, Senior Planner From: Rob Thomson, Project Engineer k Il Date: January 13, 1993 Re: Zaluba Access Road - amendment With reference to the drawings submitted requesting precast wall units in lieu of a tie back retaining wall I have the following comments: I. All previous approvals that do not pertain to design shall remain in effect. 1. The applicant .shall coordinate the tree location plan acid /or replacement program with the Park's Department. 2. A geotechinical engineer must perform field monitoring during slope grading and retaining wall construction /installation. A signed and stamped letter must be provided that all construction was completed in accordance to drawings and specifications. 3. The submitted plan did not show locations for the required signage. \4. There was no mention of regrading and revegetation.of the upper road cut. Details showing final grades and revegetation should be provided. 5. Apparently the fence separating the trail and the driveway has been deleted. Warning signs should be placed notifying both skiers and motorists. 6. Hydroseeding /mulching must be provided for any areas disturbed by the removal of the debris. 7. A guarantee for the hydroseeding/mulching must be provided. 10. There should be a contingency of 30% on the total agreed costs to handle City administration time should they have to complete the project. 11. As a general comment I have concern that the trail width near the lower portion of the access road will be less than eight feet. The width of the trail should not be compromised for the access road. . mzaluba.l ® PLANNINJ ZONING COMMISSION EXHIBIT r APPROVED 19 BY RESOLUTION -- EXISTING SLOPE v WIDTH OF TIE -BACK WALL: 3 FT. MAXIMUM 2 FT. MINIMUM -- I r d 12 TOPSOIL AS NECESSARY. PLACE OF COMPACTED CLASS 6 AGGREGATE SE COURSE ON COMPACTED SUBGRADE. 77REMOVE LL TO 95% STANDARD PROCTOR). 4 FT. MINIMUM - -! . EP, ROCK FILLED DITCH /TOE DRAIN. FILL DITCH WTH 1 -1/2' SCREENED ROCK. TYPICAL SECTION, 1 +00 TO 5 +73.35 NOTE: TIE -BACK WALL CONSTRUCTION WILL BE LET AS A SEPARATE DESIGN /BUILD CONTRACT TO A CONTRACTOR NORMALLY ENGAGED IN SUCH BUSINESS. EXIST. SLOPE I - -1 /2: I CUT SLOPE OR EX/ST/NG SLOPE WHERE REASONABL E EXIST. ROADWAY BENCH _ (NOT TO BE WIDENEDI I T. I2.0• WIDT 1 WR'ES 7�yE MIN. PLACE BOULDERS ROAD PORRON TRAIL POR77ON SCAR /FY B RESEED AGAINST NEW CUT 05 6.00' 6.00' SHORT (3' TO 6) RETAINING I MIN. WALL AS 'KEYSTONE" SYSTEM OR GRAVITY ROCK WALL WHERE NEEDED TO PROTECT EXISTING TREES OR STEEP CUT SLOPES. 89 �rOPSOIL ANGULAR BOULDERS TYP. MINIMUM BASE Is +l . SIZE 2 FT MINIMUM ALLOWABLE SIZE REMO FOR INCLUSION IN WALL IS 1.5 FT. B15�ia rig � PLACE 4" OF COMPACTED CL. 6 2 FT. DEEP, ROCK FILLED DITCH /TOE AGGREGATE BASE COURSE ON COMPACTED DRAIN. 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E � �4 ROAD KE w� RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION REVOKING THE 1990 8040 GREENLINE APPROVAL FOR LOT 3 OF THE HOAG SUBDIVISION ASPEN COLORADO Resolution No. 93 -10 WHEREAS,. on December 15, 1992, the applicant Mr. Joseph Zaluba entered into a Findings and Order agreement regarding his .1990 8040 Greenline approval for Hoag Subdivision Lot 3; and WHEREAS, condition (b) of the Order stated that if the contract purchaser of the property fails to close on or before February 24, 1993, and no substitute Letter of Credit is submitted by or on behalf of the applicant from an institution and in a form approved by the City Attorney on or before said closing date, the 8040 Greenline Approval shall automatically expire and the applicant shall be deemed to have waived the right to any further hearings before the Commission; and WHEREAS, the applicant has failed to comply with condition (b) : the contract purchaser did not close on the property on or before February 24, 1993, and a substitute Letter of Credit was not submitted to the City Attorney before the close of the business day February 24, 1993; and WHEREAS, pursuant to the terms of the Findings and Order of December 15, 1992, the 1990 8040 Greenline Approval has expired on February 25, 1993. NOW THEREFORE BE IT FINALLY RESOLVED, that the Planning and Zoning Commission affirms that pursuant to the Findings and Order of December 15, 1993, the January 2, 1990, 8040 Greenline approval for Hoag Subdivision Lot 3, $kspen Colorado is revoked. Any further development of the property shall require an 8040 Greenline approval from the Planning and Zoning Commission. Entered this day of March 2, 1993. ASPEN PLANNING AND ZONING COMMISSION By Jasmine Tygre, Chairperson ATTEST: Jan Carney, Deputy City Clerk • MEMORANDUM. To: Leslie Lamont, Planning Office From: Chuck Roth, City Engineer C Date: September 12, 1.993 Re: SOL►ki Conditional Use and 8040 Greenline Reviews • ± SEP 4 3 i Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: Review for Accessory Dwelling. L. This parcel has been the subject of numerous discussions which usually include the statement that the lot would not be approved as a subdivided lot under current standards. Therefore it appears to be inadvisable to approve any increased density on the parcel, and the Engineering Department recommends against approval of the accessory dwelling unit. This is due most specifically to problems related to emergency vehicle access discussed below, but also relates to the undesirability of any snore traffic on the access road. 8040 Greenline Review I.. If and where possible, the access road shall be constructed 28' in width in order to provide. a 20' wide emergency access width with the Nordic trail located on the inside, uphill side of the road so that snow removal does not push snow onto the Nordic trail. A Nordic trail might be aligned through the trees in lieu of alongside the access road. 2. The recent symposium in Snowmass; Transportation Facilities through Difficult Terrains, provided the information that retaining walls can now be built from the top down. Thus, retaining walls can be virtually perpendicular and do not require laid back slopes with increased removal of vegetation. I am working on having materials concerning this technique for the P & Z meeting. Is suggested that a condition of approval be that all necessary retaining walls be constructed using this technique and that the architectural appearance be approved by city staff and /or the P & Z. 3. It does not appear feasible to provide significant improvements for tare truck access to the intersection of the access road and Ute Avenue. It appears that fire response vehicles must turn around in the cul de sac at the end of Ute Avenue. This should still provide response times equal to or better than other locations in City limits. cc: Bob Gish, Public Works Director M9�31.103 • TO LESLIE LAMONT MESSAGE DISPLAY • From: Wayne Vandemark Postmark: Aug 25,93 10:44 AM Status: Certified Urgent Subject: SOUKI CONDITIONAL ------------------------------------------------------------------------- - - - - -- Message: WE NEED TO SEE MORE ON THIS PROJECT. AS IT IS NOW THE GRADE WILL BE TO STEEP FOR FIRE APPARATUS. I ---NQT �L-iT`— E$bI�NIEN�' Tr�zn rTr—vv1mT iyyi nCULrz� THE STRUCTURE WILL HAVE TO BE SPRINKLERED PER ORD. # 31 DUE TO THE GEOGRAPHICS OF THE PROPOSED STRUCTURE. I THINK WE ALL BETTER TAKE A CLOSE LOOK AT THIS. MESSAGE DISPLAY TO LESLIE LAMONT From: Wayne Vandemark Postmark: Sep 02,93 1:26 PM Status: Certified Urgent Subject: SOUKI SITE VISIT ------------------------------------------------------------------------ - - - - -- Message: THE FIRE DEPARTMENT WILL APPROVE A THREE POINT ENTRANCE FROM UTE AVE. THE ACCESS ROADWAY SHALL BE 161. I AM WAITING TO SEE THE PRINTS FROM ALFRED TO SEE THE ENTRANCE, ROADWAY, AND THE AREA FOR THE FIRE APPARATUS TO TURN AROUND AND GET BACK DOWN THE HILL. ALL THESE ISSUES MUST BE COMPLIED WITH BEFORE THE FIRE DEPARTMENT CAN CLEAR THE PROJECT AND ESTABLISH AN ISO RATING WITH THE INSURANCE COMPANY. WE HAVE DETERMINED THAT DRIVING PAST THE ADDRESS TO THE CUL -DE -SAC WOULD NOT WORK DUE TO THE TIME, DISTANCE, AND CARS PARKED THERE DURING THE WINTER MONTHS. • MEMORANDUM • i�l SEP 9 1 TO: Leslie Lamont, Planning Office FROM: Rebecca Rebecca Baker, Assistant Parks Director DATE: September 8, 1993 RE: Souki Conditional Use and 8040 Greenline Application Lot Hoag Subdivision We have reviewed the documents submitted on behalf of Mr. Souki for development of Lot 3, Hoag Subdivision and have a few questions /concerns.regarding the application. 0 On page 2, second paragraph, the applicant discusses the previous approvals of the property. The statement regarding plowing of the shared auto /nordic road is confusing. It currently reads, "plowing on the uphill side only if the shared auto /nordic road... The statement would make sense.if the "if" is supposed to be "of." However, if the original is correct, then more . information is necessary to understand the meaning the applicant intends. Additionally, we would request detailed specifications for the shared driveway /nordic trail, including surface material, width of area to be paved (if paved), curb and gutter detail if proposed, and information on how to separate driveway use from pedestrian /nordic uses. The method of plowing is also important so as not to obstruct the use of the nordic trail. 1 0 0 MEMORANDUM TO: LESLIE LAMONT, PLANNING OFFICE FROM: LARRY BALLENGER, WATER SUPERINjT LENT DATE: AUGUST 25, 1993 SUBJECT: SOUKI 8040 GREENLINE REVIEW The Water Department has reviewed the Conditional Use and 8040 Review for application by Souki. The City does have adequate capacities and infrastructure in place in Ute Avenue to serve this proposal. The applicants design engineer needs to determine if adequate pressures exist in the City system to supply this residence. If the residence is located at an elevation that minimum water pressures, as established by the Colorado Health Department, cannot be achieved, the applicant will have to install a booster pump and pressure tank to compensate for that deficiency. LB:rl lab10 /souki.mem n .aspen Consolidated Sanitation 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925 -3601 Sy Kelly - Chairman John J. Snyder - Treas. Louis Popish - Secy. August 27, 1993 Leslie Lamont Planning Office 130 S. Galena St. Aspen, CO 81611 Re: Souki Conditional Use Review Dear Leslie: I cannot tell from our maps whether Subdivision is within our district will need to review his most recent levy was charged for our District. If the applicant will need to petition forms available at our office. Our through the Hoag Subdivision. Cc, 11 F AUG 2 7 1Distrti 41 FAX #(303) 925 -2537 Albert Bishop Frank Loushin Bruce Matherly, Mgr. or not lot 3 of the Hoag boundaries. The applicant tax notice to see if a mill a levy was not charged then for inclusion. I have the boundary appears to run Once membership to the District is established, then service can be provided contingent upon compliance with our rules and regulations. If a common service line is to be used to connect both dwellings to our system, then the line will need to be 6" in diameter. No clear water connections may be made to our system such as roof, patio, foundation or terrace drains. We need to see a site plan service line locations an showing the proposed route connect this-project to drawings submitted how the way or our system. Sincerely, Bruce Matherly District Manager of the subdivision which shows current d easements and a site plan for lot 3 and easement for the service line to our system. I cannot tell from the lot matches up with public rights of EPA AWARDS OF EXCELLENCE 1976 - 1986 - 1990 REGIONAL AND NATIONAL MESSAGE DISPLAY TO LESLIE LAMONT CC BILL DRUEDING From: Bill Drueding Postmark: Aug 25,93 10:50 AM Subject: CONDITIONAL USE AND 8040 GREENLINE LOT 3 HOAG SUBD. Message: THE ELEVATIONS SUPPLIED IN THE PACKET INDICATE THAT THE HEIGHT OF THE BUILDING IS 29.3 FEET WHICH EXCEEDS THE 28 FEET ALLOWED BY CODE MEASURED BETWEEN THE RIDGE AND THE EAVE..THIS IS ALL I HAVE TO GO ON. THIS PROJECT IS BEFOR THE BOARD OF ADJUSTMENT ON SEPTEMBER 2ND FOR FRONT YARD SET BACK VARIANCE ... WE NO LONGER HAVE THE PLANS THAT WERE APPROVED FOR ZALUBA SO I CANNOT VERIFY THAT THIS BUILDING IS IN THE SAME CONFIGURATION,I WOULD LIKE TO SEE WHERE THE ADU IS GOING. • MEMORANDUM TO: Leslie Lamont, Planning FROM: Cindy Christensen, Housing 0 DATE: September 8, 1993 RE: SOURI CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT Parcel ID No. 2737 - 182 -68 -001 After reviewing the above - referenced application, the Housing Office approves the proposed attached accessory dwelling unit pursuant to Chapter 24, Section 5 -510, of the City of Aspen Municipal Code: Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable floor area and not more than seven hundred (700) square feet of allowable floor area. The unit shall be deed restricted, meeting the housing authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. The floor area requirement is for net liveable square feet as defined by the Housing Office below: Net Liveable Square Footage is calculated on interior living area and is measured interior wall to interior wall, including all interior partitions including, but not limited to, habitable basements and interior storage areas, closets and laundry area. Exclusions include, but are not limited to, uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (either attached or detached), patios, decks and porches. -� Per the applicant's calculations, the accessory dwelling unit is to be 420 net liveable square feet. which meets the minimum Housing Office_.Guidelines.l C MEMORANDUM s TO: Aspen Planning and Zoning Commission FROM:. Leslie Lamont, Planning DATE: June 16, 1992 RE: Zaluba 8040 Greenline Approval Noncompliance SUMMARY: In January of 1990 the Planning and Zoning Commission approved a 8040 Greenline approval for the construction of a single family residence on Lot 3 of the Hoag subdivision. The previous excavation permit for the new access road along with several other permits were issued but have expired. A result of the previous roadway excavation has been the existence of unstable soil conditions and this has impacted the surrounding properties. In addition, there are several conditions of approval that have not been observed with regard to the excavation of the access road. It is the City Attorney's recommendation that the Planning and Zoning Commission schedule a hearing "with Mr. Zaluba to review his 1990 8040 Greenline approval, with the potential action of revocation of his 8040 Greenline approval. Staff will provide a full review of violations prior to the meeting with Mr. Zaluba. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission schedule a hearing to re- review 8040 Greenline approval for Hoag Lot 3 with Mr. Zaluba for the July 7, 1992 Commission meeting. 30 September 3, 1991 Ms. Martha C. Pickett McFlynn & Pickett P.O. Box I Aspen, Colorado 81612 fodicn Re: Zaluba Lot 3, Hoag Subdivision Dear Marty: a SPEN et ey You may recall that we had some correspondence last Fall concern- ing drainage /run -off problems associated with Mr. Zaluba's access road. While Mr. Zaluba did undertake some temporary measures regarding the road last year, it now appears we are headed right back to the same situation that caused us concern in the first place. Apparently, Mr. Zaluba has not followed through on the engineering and grading recommendations provided him by Chen Northern. Will you please review this matter with your client. He must put the access road in an acceptable and safe condition, particularly in regard to the drainage problems. Should you have particularized questions concerning the matter, please feel free to contact Jim Gibbard in the Engineering Department. Thank you. very truly yours, Edward M. Caswall City Attorney EMC /mc jc93.5 cc: Jim Gibbard iec yded paper i September 23, 1991 Joseph S. Zaluba P. O. Box 9640 Aspen, CO 81612 Re: Building Permit #1058 Dated 3 /7/90 Dear Mr. Zaluba: This letter is to inform you that the above - referenced building permit application has expired. The plan check for a permit application has .an expiration date of 180 days after submission. The expiration date for this permit was 9/7/90. The extension granted by Gary Lyman, Chief Building Official, expired 4/18/91. The.permit has been voided and the plans will be destroyed if we do not hear from you by 10/10/91. Thank you for your attention in this matter. Sincerely, Vicki Monge Aspen /Pitkin Regional Building Department 0 October 30, 1990 ' � Ms. Martha C. Pickett McFlynn & Pickett P.O. Box I Aspen, Colorado.81612 i, Re: Zaluba Lot 3, Hoag Subdivision Dear Marty: • ey 7 f 5�. J #� As you may recall from my earlier correspondence to you dated September 19th, there appears to be some continuing concerns and problems regarding the access . "road" Mr. Zaluba recently installed to access the property as described above. Those concerns center upon Mr., Zaluba's apparent failure to adequately grade and stabilize the road to the detriment of.those properties. downslope from the road. A review of Mr. Zaluba's 8040 Greenline approval indicates that he was to "adhere to the recommendations of Chen - Northern regard- ing slope stability during "the excavation of the road and site and those plans and recommendations shall be reviewed by,the Engineering Department ". Additionally, Mr. Zaluba was to "retain a geotechnical- engineer to perform field monitoring during the excavation and.construction of the site ". Lastly, no spoils or fill were to be placed over the side of the road cut. In that.the City had not heard from Mr. Zaluba or Chen- Northern regarding these matters, I had the Planning Department follow -up in regard to the road. Chen - Northern has advised us that they have.had no contact with Mr. Zaluba concerning the points set out in the 8040 Greenline approval. Furthermore, Mr. Zaluba has evi- dently ceased work on the project leaving the road in a condition. not contemplated nor approved by the Planning and Zoning Commis- sion. I would appreciate your review of these matters with your client. The road needs attention before winter sets in so as to avoid drainage and erosion problems,in the spring. While it would appear that violations have occurred and are occurring regarding the existing land use approval and /or permit(s), the City is willing to.remain patient,with Mr. Zaluba for a short time recycled paper t Letter to Ms. Martha C. Pickett October 30, 1990 Page 2 further so that he can remedy the situation. Absent his timely response, I am afraid the City will be forced to explore.avail- able legal .remedies as necessary to correct the situation. Please let me know what Mr. Zaluba's intentions are. Time is short. Thank you. Very truly yours, Edward M. Caswall City Attorney EMC /mc cc: Building Department Engineering Department Planning Department Leonard M. Oates, Esq. McFLYNN & PICKETT LAWYERS A PROFESSIONAL CORPORATION THE SMITH - ELISHA HOUSE 320 WEST MAIN S - REET. SUITE 1 P.O. BOX I ASPEN. COLORADO 816111 TIMOTHY MCFLYNN' o YMD 20 925 -2211 x„ MARTHA C. PICKETT TELECOPIES 61D 925 -2442 November 9, 1990 ALSO.DMI -C 11 C.i irp 111 Jed Caswall NO" 1950 City Attorney CITY ATTOFNEY'S 130 South Galena Street Aspen, Colorado 81,511 OFFICE RE: Zaluba Lot 3, Hoag Subdivision Dear Jed: This letter is in response to your letter dated October 30, 1990, regarding your concern related to the incompletion of the access "road" to Mr. Zaluba aIs property. I have spoken with Joe regarding.the work being done on the road and he assures me that he is working carefully and quickly to come up with solutions to prepare the road for winter weather. He has met with his engineer, and the Rappaport's engineer from JDM Engineering, Duane Stewart, on site and they have all agreed upon a plan to ready the road in the event it cannot be completely finalized prior to inclement weather. Joe agrees that in the event the road .cannot be "up to par" by winter, he and his' engineers will work closely with the City Engineer to determine what, if any, temporary measures need to be taken. Furthermore, Joe has retained Steve Pollack, of Chen Associates, to oversee the work and confirm that all of the necessary-measures are being taken to.provide.stabilization. Please know that Joe had no intent of violating any of the requirements set forth in.the 8040 Approval regarding the access driveway. He has been frustrated in his efforts to begin work on ,the property, by virtue of his building permit which was submitted to the City on March 12, 1990. not having been available to him to begin excavation until some time in September. Obviously, this has set his schedule back significantly for work which we had, in good faith, planned to have completed by now. I hope that you will understand Joe's position and that you and the other staff members will be able to work with him on this matter. MCP /ljn cc: Joe Zaluba Leonard Oates, Esq. zaluba \caswa111.109 Sincerely, MCFLLY,N�N & P,ICKETT, P.C. BY _LL(4 Martha/d. Pickett "WK CO) 10A\ 10111u TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner RE: Barker /Zaluba Lot 3 - 8040 Greenline Review DATE: November 14, 1989 ----------------------------------------------------------------- SUMMARY: The Commission, at their August 8, 1989 meeting tabled this application. The Commission directed the applicant to work on outstanding issues - primarily road separation and building design. The applicant has continued to work with the Planning staff and other interested parties in addressing their concerns. Staff recommends approval, with conditions, of this application. The intent of. this memo is to summarize the outstanding issues, and review the new information that the applicant has provided. For a more detailed analysis and review of this project please refer to the attachments including the August 8 Planning memo. APPLICANT: Joe Zaluba, Western Heritage Log Homes, Inc. LOCATION: Hoag Subdivision, Lot 3 STAFF COMMENTS: The two primary issues identified during the Commission meeting were the design of the building and the separation of the- access road from the nordic trail /utility easement. A. Building Design- Criterion 7 of the 8040 Greenline review states: building height and bulk will be minimized and, the structure will be designed to blend into the open character of the mountain. The: original building had an approximately 98 foot wide facade stretching across the hillside. Staff strongly believed that the design of the building was too conspicuous for its natural mountain setting. Staff suggested an alternative design that was more sensitive to the mountain setting. The Commission, agreeing with staff, directed the applicant to rethink the building design. The current proposal reduces the building frontage along the hill and steps the home up into the hillside, similar to the homes below along Ute Avenue. The facade is approximately 74 feet wide and articulated to set a precedent for scale that is more compatible with the topography. Staff does recommend that the applicant try and break up the large sloping roof. which appears to have become a prominent feature of the home. The floor area has remained approximately the same. The applicant has provided a' computer sketch based upon elevations taken from the entrance to 1010 Ute Avenue. This will be displayed at the meeting for your review. B. Road Separation- The first application proposed to access the, house using the existing trail /utility easement that straddles the northern property line. Many problems arose with the intended use of this road. The Commission directed the applicant to develop, if feasible, a separate access to the house. The applicant has designed a new access road using existing forest as a buffer between the existing and the proposed roads. In addition, the applicant has received approval from the Forest Service to widen the access road on their property (please see attached letter A). Trees that must be removed and relocated to construct the new road, have been identified to the satisfaction of the Parks Department. In. separating the road, the applicant has preserved the existing nordic trail for year round use and eliminated the concerns from home owners whose property abuts. the existing easement. Pat Duffield, Trails Supervisor, has approved the new road alignment (please see attached letter B). There remains a conflict between the trail and the new road on the parcel of Forest Service land where the two merge together. The applicant has proposed two solutions to this conflict, either snowplow the south half of the road on the forest service parcel creating a physical barrier of snow, or gain an 'additional 5 to 10 feet of land and build a berm. The second solution would require an adjustment of the Special Use Permit and result in a 25 to 30 foot wide road cut. Staff agrees to rely upon the home owner, other than Mr. Zaluba, to build a snow barrier every year is unrealistic. To construct a permanent berm is reasonable but the City should work with the applicant and the Forest Service to acquire the additional road width. The following is a review_of additional issues requiring review: A. Sprinkler Plan'- Wayne Vandermark, Fire Marshall has approved the installation of a sprinkler system which meets the requirements of NFPA 13D. Please see attached letter C. B. Landscape Plan with Tree Replacement - The applicant has submitted a landscape plan which. indicates the number of trees to be removed during construction of,the road and excavation of the house. The applicant has reviewed the plan and walked the site with George Robinson of the Parks Department. George has approved the applicant's conceptual plan for removal, relocation and /or replacement as represented on the submitted plans (please see attached letter D) .- The applicant and the Parks. Department still need to identify the number of trees that will be used as a 2 replacement for those lost during construction. The usual practice is a 2:1 ratio replacement of new smaller trees to those lost. Often those trees are planted throughout the City if they cannot be absorbed on site. Of note: unlike the prominent excavated scars behind the homes on Red Mountain, the excavation on Lot 3 will not be as large. Because of the home's orientation and the necessity to protect from avalanche, there are no windows along the south side precluding the need to excavate for natural light purposes. 4 C. Slope Stability and Field Monitoring - In a letter to the Engineering Department, Chen - Northern has indicated that the information in their previous subsurface study is relevant for the building foundation and new road grade (please see attached letter E). Chen has also agreed to monitor the project during building and road excavation, and' construction. The firm recommends.that, they review the design drawings, for the driveway grading, before excavation and perform field - visits, to evaluate slope conditions, during the construction process. The Engineering Department concurs with Chen. It is also important that the Department review plans and recommendations from Chen as the construction proceeds. D. Drainage Plan - A revised drainage plan has been submitted through a letter from High Country Engineering and reviewed by the Engineering. Department' (please see attached letter F). The new plan addresses drainage onto the Forest Service property and a revision of the basin boundary due to the redesign of the residence. The Engineering Department should review a final drainage plan prior to. excavation. E. Vertical Tie -In Wall - It is necessary for the applicant to construct a retaining wall along the new road cut. Planning and Engineering staff have, for some time, recommended that the applicant review the possibility of using a vertical tie -in wall instead of a boulder type retaining wall. The tie -in wall i.s more desirable because it reduces the amount of bank that must be graded for the road cut: Reducing the size of the bank will preserve a greater number of trees along the road. The applicant has researched both a tie -in wall and a boulder retaining wall (please see attached letters G). The consulting engineers have estimated that the size of the tie -in wall will be 5100 square feet and .cost approximately $306,000.00 to construct. at $60.00'a square foot. The consultants have also estimated that the average difference between the two walls appears to be less than five feet. Staff has compared the two walls section by section. In two sections the difference between the two walls was approximately 6 3 feet. . The total area lost by using a boulder retaining wall verses a tie -in wall is 1587 square feet. Staff still believes that the tie -in wall is the better solution from an environmental perspective. However we do not want to appear unreasonable. The new road will not be as visible because of the vegetative buffer between the existing trail and proposed road. Staff does not know, however, the estimated cost of a boulder retaining wall or the number of trees estimated.to be lost with either alternative. Summary - The applicant has supplied all the information that staff required for review. The applicant has also addressed, in a fairly thorough manner, the primary issues of concern expressed by the Commission, neighbors, Nordic Council, and City staff. The redesign and realignment of the road represents a commitment by Mr. Zaluba to develop a project that compliments the community rather than creates conflict. The only outstanding issue is the choice of retaining wall. A project that is 100% environmentally sensitive.would include the vertical tie -in wall, an alternative that staff supports. RECOMMENDATION: The Planning Office recommends approval of the Barker / Zaluba, 8040 Greenline Review with the following conditions: 1. Prior to the issuance of a Certificate of Occupancy, the applicant shall create a barrier between the driveway and the trail on the Forest Service property to reduce the potential conflict between trail users and Lot 3 users.. 2. Prior to the issuance of .a building permit, the applicant shall have a confirmed tree relocation plan and /or replacement program in place to be reviewed and approved by the Parks Department. 3. A vertical tie -in wally shall be constructed by the applicant unless it is determined by the Commission that a boulder retaining wall is acceptable. 4. The applicant shall adhere to the recommendations of Chen - Northern regarding slope stability during the excavation of the road and site and those plans and recommendations shall be reviewed by the.Engineering Department. 5. The applicant shall retain a geotechnical engineer to perform field monitoring during the excavation and construction of the site. 6. The applicant shall implement the sprinkler plan as approved by the Fire Marshall. 7. Prior to the issuance of an excavation permit, the Engineering Department shall review a final drainage plan.. 4 8.* No spoils or fill shall be placed over the cut. All excavated materials shall be removed not used.in the construction of the residence.. side of the road from the site if I 6'pTS�cX � Ga Vl �p y� -fo )C) Aj e�A uwvl-� c� 6� , s�� { n 5 Aq 0 ATTACHMENT B I�� iV. r,i wv Tr: �_e_:lie L.am ^nt DATE November 2, 1989 FROM�.,a,.. �i r�: rr; ' ' Tr- IC C ", ;- i. r atl ic. , u:.ii i ieiu, i i Q� i.7 J�Nei V IJUl � L: --ioag Nordic Trail As .roe Zaluba of "Heritage Log Homes" has realigned tiffs access to 'Lot the only remaining conflict between his driveway and the Nordic: Ski Trail exists on the parcel of Forest Service land east of Lot I lr. Zaluba has obtained a special use permit from the Forest Service of a 20 foot wide access running along the existing road cut to Ute Ave. The road cut is presently 20 feet in width, hence the conflict of his driveway running with the current Nordic Trail for some forty yards to Ute Ave. Mr. Z =;luha acknowledges the conflict and wishes to resolve it. Two solution >s come to mind in order to separate Nordic Skiers from vehicular tr of f is to i -Ir. Zaluba's house. One is to gain an additional 5 or 10 loot wide special use permit from the Forest Service. If we obtain this permit, Mr. Zaluba has then agreed to biiid a berm giving the road cut a 25 or _30 foot width. 'e would also berm a di�Jj. -e:r- J -D i �T 7 C a tl ne sKI ira n is ri e ay With e V �L.: �,.: ����Ji�l::lY JppGrUl:ng ti I`r .Ji \I t� G�l and his di I��'1. 1.41. TY �t11 the additional widt`l, room would be provided for bct" entities. The second option is to have Mr. Zaluba plow the south half of the road cut through the Forest Service parcel. Plowing south to north would create another physical barrier, a wall of snow. T' -ie second option is less costly and would not scar the lend along the road cut thr ough the Forest Service parcel. !t is also temporary. The first option, whi ie more costly, and problematic, le. obtaining a special lisle permit and the need for re- seedng the berm scar, would be mor e permanent. For there is no promise from future Lot ti homeowners to plow appropriately, only from Mr. Zaluba. One additional thought I might add if the Nordic Council intends to continue the trai 1 east to' ritz Benedict's land and the Nort'ristar Preserve, Mr. Zaiuba's driveway wo;id create an. intersection with the ski trail. A consideration better tal n into account n01 ^!, rather than a t2r ihE I L. !f you have any further considerations or questions regarding this matter please contact me at the Parks Dept., ext. 5 120. ATTACHMENT C WFLYNN & PICKETT LAWYERS A PROFESSIONAL CORPORATION THE SMITH - ELISHA HOUSE 320 WEST MAIN STREET. SUITE 1 P.O. BOX I ASPEN. COLORADO 81611 TIMOTHY McFLYNN' MARTHA C. PICKETf Also A-- ... C--- HAND DELIVERY Mr. Wayne Vandermark Fire Marshall 420 East Hopkins Avenue Aspen, Colorado 81611 October 20, 1989 TELEPHONE (303) 925.2211 TELECOPIER (303) 925 -2442 RE: Approval of Sprinkler Plan for house located on Hoag Subdivision, Lot 3 Dear Wayne: Pursuant to our discussions, this letter is to confirm that the applicant of the 8040 Green Line Review before the City of Aspen on the Hoag Subdivision, Lot 3, hereby commits to installation of a sprinkler plan which meets requirements of NFPA 13D. This letter confirms that you hereby approve this fire protection plan and recommend to the City approval of the 8040 Review. Please sign below and return in the enclosed envelope. Thank you for your continuing cooperation. Sincerely, Martha C. Pickett MCP/k1 valu- wv.ltr Approved and accepted this ,�L day of October, 1989. WaynL V ndermark, Fire Marshall ATTACHMENT D • 0 western heritage log homes, inc. cs1trG1f.v1' e1197 October 31, 1989 Grorge Robinson Parks Department City of Aspen Aspen, Colorado 81611 REF: TREE REMOVAL PLAN - LOT 3 HOAG SUBDIVISION Dear George: In accordance with our discussion yesterday., I am attaching a drawings showing the trees that will have to be removed to accarmdate my proposed development. As I indicated yesterday, I am willing to replace all the trees removed either in landscaping my home or donating to the City as long as you or your representative and I make an actual count before and during the excavation- Thanks for your cooperation. Best regards, WESTERN HERITAGE LOG HOMES, INC. aJose S. Z luba Nan JSZ:amj cc: Leslie Lamont, Aspen Pitkin County Planning Office Martha Pickett DENVER OFFICE 8899 William Cody Drive Evergreen, Colorado 80439 (303) 674 -1435 Telex 710 1111 405 JSZA Telelax (303) 920 -1642 ASPEN OFFICE P.O. Box 9640 18 Roaring Fork Drive Aspen, Colorado 81611 (303) 925 -4600 ATTACHMENT E Chen @NortherAnc. Western Heritage Log Homes Attn: Joe Zaluba P.O. Box 9640 Aspen CO 81612 -9640 Gentlemen: i CensuBinq Enq-neers anc c­,?-,' sis 5060 Row 1 L�4 Glen,00c Spr -ngs Coivaoc F -60•. 303 9:5 -7458 303 945 -2363 Facs m:ie October 10, 1989 Subject: Recommendations for Relocation of Driveway Access, Proposed Residence, Lot 3, Hoag Subdivision, Aspen, Colorado. Job No. 4 275 89 . As requested, we are providing comments regarding the proposed relocation of the driveway access to the residence above the existing public trail ease- ment. We have been provided design drawings of the revised building plans, Sheets S1, S2, Al and A2, dated September 6, 1989. Based on the findings of our previous subsurface study and reconnais- sance, the design information presented in our June 26, 1989 engineering report should be acceptable for the building foundation and driveway grading design. We should review the design drawings for the driveway grading before construction and make field visits during the excavation and grading to evalu- ate the slope conditions. We understand that the City has stipulated a geo- technical engineer consult with the developer during the construction and that we will provide that service for Western Heritage Log Homes. If you have any questions regarding the information provided or if we can be of further assistance, please let us know. EN�� • Pq STZJ4E *04-f- 15222 �t• A seal ••�r:::0.'��Q�� f SLP /ec �F C01-� Sincerely, CHEN - NORTHERN, INC. BY Steven L. Pawlak, P.E. cc: High Country Engineering, Inc., Attn: Tim Beck Design Structures, Inc., Attn: Bill Newell Martha Pickett, Attorney -- A member of the HIH group of companies ATT NT F October 16, 1989 Mr. Jim Gibbard City of Aspen 130 South Galena Aspen, CO 81611 Re: Hoag Subdivision, Lot 3, Drainage Plan HCE File Number 9014.001 Dear Mr. Gibbard: Mr. Zaluba has asked us to comment regarding the drainage plan prepared by this office, dated June 1, 1989, and the revised access road plans. It .appears to us that there are two differences from our previous report, one is that the basin labeled "minor basin containing residence" on the Vicinity and Basin Map, is now somewhat smaller and thus should have less impact. The other is that the drywell locations should change, such that one is placed on the old road (or trail) just: slightly below the proposed residence, and the other is placed at the lower end of the new road, just inside lot three, on the southerly side of the road. The previously submitted calculations should still be valid, even though the basin boundary has changed slightly. If you have any questions, or need additional information, please contact us. Sincerely yours, HIGH COUNTRY ENGINEERING, INC. l Tim thy P. Beck, P.E_ TPB /soe PA f 118 W. 6th Street • Suite 205 • Glenwood Springs, CO 81601 Telephone 303 - 945 -8676 ATTACHMENT G E western heritage log homes, inc. November 2, 1989 Us. Leslie Lamont Aspen Pitkin County Planning Office 1:30 South Galena Street, Aspen, Colorado 81611 orb' -9 REF: LOT 3 - HOAG SUBDIVISION - Alternate Driveway ietaining Wall Design Dear Leslie: As per your request, attached is a retaining wall design using the vertical steel tie wall approach. After our preliminary investigation into the price of the steel tie wall .versus a boulder wall, we have come to the conclusion that the steel tie wall will cost almost 10 times the cost of the boulder wall to install. See letter from Higi Country Engineering attached. Our engineers also point out that the difference in horizontal cut between the two types of walls will be less than five feet. INview of these facts, I would ask you to consider using the boulder wall or some other type of system that is less costly to install. I am willing to make the wall correct both functionally and aethetically, but I feel that an additional. five foot horizontal cut does not justify the extra expense. It must also be pointed out that because of the nature of this road construction, the wall will not be seen from Ute Avenue due to the tree coverage in front of the wall. The only persons actually seeing this wall will be the people using the driveway and a user of the trail below. DENVER OFFICE 8899 William Cody Drive Evergreen, Colorado 80439 (303) 674 -1435 Telex 710 1111 405 J5ZA Teleiax (303) 920 -1642 ASPEN OFFICE P.O. Box 9640 18 Roaring; D-ivc A cnc•n i "'�i1��rT..ir, Al K! i • Als. Leslie Laurent 'November 2, 1989 Page 2. • I will be happy to meet with you and Jim Gibbard to discuss this situation. Sincerely, WESTERN HERITAGE U)G HCA S, INC. Joseph S. Zaluba General Manager JSZ:lak cc: with drawings Jim Gibbard Martha Pickett HOV 02 - ° -+ 12:03 HI :NTRY ENG. INC. P.1 /2 November 2, 1989 Western Heritage Log Homes P -0. Box 9640 Aspen, CO 81611 Attn: Joe Zaluba RE: Hoag Subdivision, Lot 3 Access Road HCE File No. 9014.002 Dear Mr. Zaluba: In accordance with your request, we have reviewed the cuts required and the costs for tieback retaining walls for the road cut slope. For information, we have made several phone calls to companies involved in tieback design and construction. Specifically, the Schnabel Foundation Company, Hartman Construction, and a local engineer that has worked with Hartman Construction, were contacted. Some of the results of those conversations are as follows: 1. The walls would be-two to three feet thick, which would include beams, a concrete face, and a thin drainage membrane - 2. They recommend extending the concrete face wall below frost depth, which adds at least four feet of wall "height." 3. Per one estimate, the wall would cost approximately $50.00 per square foot, in place. Per another estimate, the final cost would be $60.00 to $70.00 per square foot. 4. "Soil Nailing" may be less expensive, but there are some concerns about its permanency. The current access road plans indicate approximately 425 lineal feet of wall, with an average height above the road surface of eight feet. Including the additional four feet below grade would make an average wall "height" of 12 feet. These figures yield 5100 square feet of wall surface. At $60.00 per square foot, the cost would be $306,000.00 118 W. 6th Street - Suite 205 • Glenwood Springs, GO 81601 Telephone 303 -945 -8676 Li iv. 1+._. j.... Western Heritage Log Homes Page 2 November 2, 1989 it is of interest to note, that the difference in horizontal width of area disturbed is not as great as may be thought. The average difference in width of cut for a tieback wall versus the boulder wall, appears to be less than five feet. If you have any questions or need additional information, please give me a call_ Sincerely, HIGH COUNTRY ENGINEERING, INC. l thy P_ Beck, P.E. TPB:rjm i OV western heritage log homes, inc. estaGlis/ed t97'6 November 2, 1989 Ids. Leslie Lamont Aspen Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 REF: LOT 3 - HOAG SLBDIVISION - Alternate Driveway Retaining Wall Design Dear Leslie: As per your request, attached is a retaining wall design using the vertical steel tie wall approach. After our preliminary investigation into the price of the steel tie wall versus a boulder wall, we have come to the conclusion that the steel tie wall will cost almost 10 times the cost of the boulder wall to install. See letter from High Country Engineering attached. Our engineers also point out that the difference in horizontal cut between the two types of walls will be less than five feet. IN view of these facts, I would ask you to consider using the boulder wall or some other type of system that is less costly to install. I am willing to make the wall correct both functionally and aethetically, but I feel that an additional five foot horizontal cut does not justify the extra expense. It must also be pointed out that because of the nature of this road construction, the wall will not be seen from Ute Avenue due to the tree coverage in front of the wall. The only persons actually seeing this wall will be the people using the driveway and a user of the trail below. DENVER OFFICE ASPEN OFFICE 8899 William Cody Drive Telex 710 1111 405 JSZA P.O. Box 9640 Evergreen, Colorado 80439 Telelax (305) 920 -1642 18 Roaring Fork Drive (505) 674.1435 Aspen, Colorado 81611 (303) 925 -4600 Ms. Leslie Lamont November 2, 1989 Page 2. I will be happy to meet with you and Jim Gibbard to discuss this situation... Sincerely, WESTERN HERITAGE LOG HOrES, INC. reraeph S . Zaluba l Manager JSZ:lak cc: with drawings Jim Gibbard Martha Pickett August 31, 1989 Ms. Martha Pickett 315 East Hyman, Suite 305 Aspen, Colorado 81611 Dear Marti: This letter is intended to summarize the information that the Planning and Zoning Commission and our staff are looking for to review the development proposal for Lot 3 Hoag Subdivision. I have reviewed the minutes from the August 8 Planning and Zoning Commission meeting. According to the minutes, there are 2 new matter's of concern that P &Z is expecting information - road separation and building design. The P &Z also indicated that information should be forthcoming for those relevant concerns that I listed in my August 8 memo. Following is a list of information that a future development application must provide: New Issues A detailed plan of the road separation - X a. a "significant" vegetative buffer; >(b. a review of what the separation would entail including tree removal and the anticipated impacts; X c. a review and the necessary permits from the Forest Service for expansion; and the various entities who have expressed an interest in the road agree to the plan. A review and redesign of the structure's architectural impact o� the hillside. 7 Relevant Issues from the August 8 memo to P &Z - rqQPe Plans for a vertical tie -in retaining wall to be reviewed by Engineering Department. ?X Incorporation of the geotechnical engineers recommendation for development regarding slope stability during the excavation. The Engineering Department must review these plans as committed to by the applicant. Assurance that Chen - Northern during excavation and construction road. 0 Cry will perform field monitoring of the building site and the 0 A drain- a plan that addresses the impact to the Forest Service property from the drainage along the proposed access road, to be submitted and reviewed by the Engineering Department and the Forest Service. A-�ees A landscape plan that indicates the replacement of as many as possible on site and where other trees will be relocated to. A sprinkler plan for review by the Fire Marshall. Marti, please call me if you have any questions or would like to discuss further any matter that I have listed above. Sincerely, Leslie Lamont cc: Joe Zaluba Tom Baker Jim Gibbard Gretchen Merrill, District Ranger WHY% & PICKETT LAWYERS A PROFESSIONAL CORPORATION THE SMITH - ELISHA HOUSE 320 WEST MAIN STREET. SUITE 1 P.O. BOX 2 ASPEN, COLORADO 81611 TIMOTHY McFLYNN* MARTHA C. PICKETT A— AD—ED in CALIFORNIA Leslie LaMont Planning Office City of Aspen 130 South Galena Street Aspen, CO 81611 October 17, 1989 RE: Hoag Lot 3 ; 8040 Greenline Review Dear Leslie: TELEPHONE (303) 925 -2211 TELECOPIER (303) 925 -2442 Enclosed are documents which you have requested in order to schedule Joe Zaluba on the November 7 P &Z agenda. Pursuant to your letter dated August 31, 1989, and our telephone conversations, I believe we now have all information you need. The following items are submitted: 1. Four (4) sets of drawings, including: a. A sketch of the house, drawn by an artist based upon a computer workup of elevations taken from the entrance to 1010 Ute Subdivision. b. Floor plans. C. Elevations of proposed house. d. Site plan. e. Site plan with avalanche wall plans. f. Lower and upper road profiles. 2. Landscape Plan. 3. Letter from Gretchen Merrill of the Forest Service approving the road alignment through the FS property. 4. Letter from Steve Pawlak, Chen Associates, stating that the new road alignment falls within the existing soils report and, also, that he has been retained by Western Heritage to monitor the construction process. • 5. Letter from High Country Engineering confirming the validity of the drainage plan with some minor revisions. In regards to the sprinkler plan, Wayne Vandermark has stated that he will approve any plan so long as it meets the requirements of NFPA 13D. Therefore, the Applicant hereby commits to installation of such a plan to be designed upon approval of the current house design and approved by Wayne. (Wayne is signing a letter to this effect which I will forward to you.) Please confirm with me as soon as possible that we are scheduled for the November 7 hearing date. Timeliness is critical for Joe in his contract relationship with the property owner. If I can be of further assistance, please call me. Thank you for your cooperation. Sincerely /, a 0. Pickett Zaluappl.ltr CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925-2020 August 16, 1989 Gretchen Merrill, District Ranger Aspen Ranger District 806 West Hallam Aspen, Colorado 81611 Dear Gretchen: This letter is written in order to follow up on our meeting of August 8 and to follow up on the Request for Proposals (RFP) for Mountainside Storm Runoff Control which we sent to you on about August 1. The two matters are related by the City's needs for a storm water channel or conduit and Jack Barker's permit with the Forest Service for access to his property using a portion of the Midland Railroad right -of -way which is under your jurisdiction. I am including with this letter a copy of a plat titled Hoag subdivision. The plat is recorded at Book 4, Page 218, at the Pitkin County Clerk and Recorder's Office. Please note that the plat identifies a triangular parcel of land as "BLM to City of Aspen for Access and Cul -de- sac." I am not sure of the details of this conveyance, having no other information than the plat. I would like to reiterate the City's interest in using the railroad right -of -way for "utility and public trail easement" as is shown on the plat within the Hoag Subdivision for purposes of providing storm runoff drainage facilities and the Nordic and summer trail. We would like to continue such use on the railroad bed through the BLM parcel. We therefore request that the Forest Service approve construction of a separate driveway up the hillside from the railroad bed. Since this plat indicates a conveyance for access, it is not clear that the Forest Service would need any further review on any development of the parcel which is for access. It is the City's intention to limit visual impacts and tree loss. On the portions of Lot 3 where the pan handle indicates an intent to provide for the access to Lot 3 within the panhandle, and not on the railroad bed, the Planning and Zoning Commission, at it's Page 2 Use of Midland Railroad Right -of -way August 14, 1989 meeting of August 8, informed the applicant (Jack Barker and Joseph Zoluba) that it was unacceptable to widen the railroad bed, that,the driveway must be separated from the trail. The current intent appears to be to leave some ten or twenty feet of the existing evergreen trees in place between the trail and the driveway and further to prohibit laid back cut slopes, and subsequent unnecessary tree loss, by requiring vertical retaining walls, tied back or stabilized by other construction techniques. We will also see if we can require that no spoils or fill be placed on the downhill slope of the road and that all excavated materials be removed from the site. Could you please review these materials in order to confirm our assessment that since the triangular parcel appears to be conveyed to the City for access purposes, no specific review is needed by the Forest Service for reasonable intended uses? It does not appear appropriate that earlier decisions were made which permitted simultaneous vehicular access and public.trail uses. If such simultaneous use is at all workable during summer seasons,it is not workable during the winter season as a cross country ski trail combined with vehicular use. It does not appear from the Hoag Subdivision plat that access to Lot 3 was intended to be on the Midland Railroad right -of -way. If you have any questions that I can provide information for, please call me at 920 - 5088. Thanks for your help. Sincerely, 0446e/l Chuck Roth Assistant City Engineer cc: Bob Gish, City Engineer /Public Works Director ltr_89.84 _ tMYiYfMl - l . nited States Forest White River Aspen Ranger District department of Service National 806 West Hallam Agriculture Forest Aspen, CO 81611 Reply To: 1580 Date: June 14, 1990 Amy L. Margerum Aspen /Pitk in County Planning Director 506 East Main Street Aspen, CO 81611 Dear Ms..Margprum:. The enclosed application for use of National Forest System lands on Aspen Ranger District is forwarded to you in accordance with the February 1989 Memorandum of Understanding between Pitkin County and White River National Forest. Mr. Miller's application is for an easement for an existing road which provides access to Lot 3, Hoag Subdivision, on the South side of the City of Aspen. This application has a very low priority for processing, but will take little time. I expect that small periods of time will become available which will allow us to issue the requested easement timely. Please submit any comments you may have on this application by July 9. 1990. Please contact Allan Grimshaw in this office (935 - 3445) if additional information regarding this proposal is desired. Sincerely, GRETCHEN MERRILL District Ranger Enclosure: Miller Application U�$ Caring for the Land and Serving People JUN 15 jp9O FS -8200- 28(7.82) �r F A r� OMB No. 0596-0082 Expires 9/30/86 USDA Forest Service FOREST SERVICE USE ONLY Date Received Region Number State Code County Code SPECIAL -USE APPLICATION AND REPORT (mo /day /yr) (Ref.: FSM 2712, 36 CFR 251.54) Congressional Forest Code Unit ID Symbol INSTRUCTIONS Dist. Number (Admin. Unit No.) (NFFID No.) Applicant should request a meeting with the Forest Service representative responsible for processing the Ranger Dist. No. User Number Kind of Use Code application, prior to completing this form. This meeting will allow a discussion of the form's requirements and (Resp. Dist.) identify those items to be omitted. PART 1— APPLICATION (Applicant Completes) 1. Applicant Name and Address 2. Authorized Agent Name, Title and Address (in- 3. Area Code and Telephone (include Zip Code) clude Zip Code) if different from Item 1. Number Gordon Miller Herbert S. Klein r P.C. a. Applicant's Lowenstein Building 201 N. Mill St., Suite 203 4300 Alton Road Aspen, CO 81611 (305)532 -1642 b. Authorized Agent's Miami Beach, FL 33140 (303) 925 -8700 4. As applicant are you? (Mark one box with "X ") 5. Specify what application is for: (Mark one box with "X ") a. Individual a. Kj New authorization* b. Corporation* b. [] Renew existing authorization c..FJ Partnership /Association° c. ❑ Amend existing authorization* d. ❑ State Government /State Agency d. :E] Other* e. ,n Local Government • If marked "X ", provide details under Item 7. f. E] Federal Agency • If marked "X ", complete PART 11. 6. If you are an individual or partnership, are you also a citizen(s) of the United States? E] Yes E] No 7. Describe in detail the land use, including: (a) type of use, activity, or facility; (b) related structures and facilities; (c) physical speci- fications (length, width, acres, etc.); (d) term of years needed; (e) time of year of use or operation; (f) duration and timing of con- struction; (g) temporary work areas needed for construction; and (h) anticipated need for future expansion. (If extra space is needed, use Pa a 3, REMARKS). a) iccess Road b) Road Improvements only c) Approximately .04 miles in length, 20 feet in width and containing ' approximately .10 acres d)` Perpetual e) Continuous f) Periodic Maintenance g) None needed h) None expected S. Attach map covering area and show location of proposed use and /.or furnish legal es ription of the land. Property is a USN15 9�' location as in tented minin ,�ltaim }ucnn v � NrwL &gland same provided 1� mss terminate the use for which authori is requested, Ive statement of your technical and financial capability to construct, operate, and ?ation including the protection and restoration of Federal lands. (If extra space is needed, use page 3, REMARKS). Applicant's use would be in conjunction with uses being made under existing permits and does not involve new or substantially increased uses requiring new construction or greatly increased maintenance. Previous edition Is obsolete. (OVER) FS- 2700 -3 (10/83) 10a. Describe other reasonable alternative proposals considered. Reasonable alternatives do not exist. Th access applicant's land through some other route would require new construction and road cuts through National Forest land 10b. Give explanation of why It Is necessary to utilize Federal lands and why the alternatives In Item 1 Oa were not selected .Explained in 10a 11. Provide statement of need for proposed use, including the economic feasibility and items such as: (a) cost of proposal (construction, operation, and maintenance); (b) estimated cost of next best alternative; and (c) expected public benefits. (If extra space is needed, use page 3, REMARKS). a) Roadway will already be in place so only expense will be a nani.nal amount for roadway maintenance. b) No.other alternatives for access c) Access to public land with minimal disturbance to the environment 12. Describe probable effects on the area population, including social and economic aspects, and rural lifestyles. Because the roadway is already in place and in use, no additional or different effects are anticipated. 13. Describe likely environmental effects that the proposed use will have on: (a) air quality; (b) visual impact; (c) surface and ground water quality and quantity; (d) control or structural change on any stream or other body of water; (e) existing noise levels; (f) land surface, in- cluding vegetation, permafrost, soil and soil stability; and (g) populations of fish, plant, wildlife and marine life, including threatened and endangered species. (If extra space is needed, use page 3, REMARKS). Because the roadway is already in place and in use, no additional or different effects are anticipated. 14. Describe what actions will be taken to protect the environment from the effects of the proposed use. The same precautions and action being taken now will be continued. 15. Name all Federal, State, County or other departments) /agency (ies) where an application for this is being filed. Attach appropriate license, building permit, certificate or other approval document. A 1041 review has been filed with pitkin County�as part of the use approval sought by Applicant, HEREBY CERTIFY, that I am of legal age and authorized to do business in the State and that I have personally examined the information contained in the application and that this information is correct to — - -- -- - -- — -- — - -- the best of my knowledge. 1 af_.. Applicant's Fignature (Sign in ink) 16b. Date - - -- --------------- --------- - - - - - -- — - -- ---- - - -- -- - -- CALL(`: —Title 18, U.S.C. Section 1001, makes it a crime for any person knowingly and willfully to make to any department or agency of the United States any false, fictitious, or fraudulent statements or representations as to any matter within its jurisdiction. r r ib, PART 11— SUPPLEMENTAL INFORMATION (Applicant Completes) 41 m5c= MARK "X" IN APPRO- PRIATE BOX BELOW I— PRIVATE CORPORATIONS ATTACHED FILED* a. Articles of Incorporation ❑ ❑ b, Corporation Bylaws ❑ ❑ c. A certification from the State showing the corporation is in good standing and is entitled to operate within the State. ❑ ❑ d. Copy of resolution authorizing filing ❑ ❑ e. The name and address of each shareholder owning 3 percent or more of the shares, together with the number and percentage of any class of voting shares of the entity which such shareholder is authorized to vote and the name and address of each affiliate of the entity together with, in the case of an affiliate controlled by the entity, the number of shares and the percentage of any class of voting stock of that affiliate owned, directly or indirectly, by that entity, and in the case of an affiliate which controls that entity, the number of shares and the percentage of any class of voting stock of that entity owned, directly or indirectly, by the affiliate. ❑ El f. If application is for an oil or gas pipeline, describe any related right -of -way or temporary use permit applica- tions, and identify previous applications. ❑ ❑ g. If proposed land use involves other Federal lands identify each agency impacted by proposal. ❑ t ❑ II— PUBLIC CORPORATIONS a. Copy of law forming corporation ❑ ❑ . b. Proof of organization - — _ -- ❑ 0 -__ C. Copy of Bylaws - - - -- ❑ ❑ d. Copy of resolution authorizing filing ❑ ❑ e. If application is for an oil or gas pipeline, provide information required by Item "14" and "I -g" above. ❑ ❑ ', III— PARTNERSHIP OR OTHER UNINCORPORATED ENTITY a. Articles of association, if any ❑ ❑ b. If one partner is authorized to sign, resolution authorizing action is ❑ ❑ c. Name and address of each participant, partner, association, or other ❑ ❑ d. If application is for an oil or gas pipeline, provide information required by Item "I -f" and "I -g" above. ❑ ❑ ° If the required. information is already filed with the Forest Service and is current, check box titled "Filed." Provide the file identification information (e.g., number, date, code, name and office at which filed). If not on file or current, attach requested information. REMARKS: (This space is provided for more detailed responses to PART I.) Please indicate the item numbers to which these_ responses apply. Attach sheets, if additional space is needed. m5c= -s Adk r-7 ® PART 11F—REPORT ON APPLICATION (Forest Officer Completes) 1. General description of the area and adaptability for the proposed use. Outline area on separate map if needed to clarify proposed use. 2. If previously under authorization indicate: a. Name of Holder b. Date Authorized c. Date Closed 3. Describe any encumberances on the land, such as withdrawals, power projects, easements, rights -of -way, mining claims, leases, etc. Show on map provided. 4. State approximate amount and kinds of timber to be cut, recommended stumpage prices, method of scaling; include recommendation on disposal of merchantable timber: (a) to holder at current damage appraisal or (b) to others than holder under regular timber sale procedure. 5a. Will proposed use conform to Forest Land and Resource Management Plan? Yes . F1 No b. Has an Environmental Assessment been prepared? Yes (Attach) E] No c. Has an Environmental Impact Statement (P.L. 91 -190, 42 USC 4321) been prepared? EJ Yes (Attach) No (Note: If "No" is marked with an "X" in any of the above.questions, explain in item 6 below.). 6. Recommendations, including any factors which might affect the granting of the authorization or future use of the land. 7. List mandatory and optional clauses which should be made a part of this authorization (See FSM 2780). 8. Fee recommendation (Describe here or on computation sheet attached). 9a. RECOMMEND Approval* or b. Signature (Sign in ink) c. Title d. Date Disapproval* 10a. FINAL Approval' or b. Signature (Sign in ink) c. Title d. Date Disapproval' O Delete one by lining It out. --4 — 4 US. Government Printing Office: 1994 - -429.939/12999 . 20 FT. ROADWAY EASEMENT fvM jVll'7 ;t d to 13 C04 V) nr 41 CY -j 0 LL V) Sa V) LL HU - I COUNTRY ENGINEERING, INC. 80F. 205, 118 W, 6th. siperr GLENWOOD SPRINGS, CO �'W (30) 99-6676 O m OO 75 `o th OT 0 MEMORANDUM TO: Amy Margerum FROM: Bill Drueding l �� RE: Zaluba Permit DATE: 6/1/90 FYI 3/5/90 Permit applied for 4/12/90 9:50 am. = Zaluba said not to check yet because he was changing FAR and elevations 4/17/90 New elevations and contour lines received from architect 5/1/90 Zaluba '- went over, conditions. No signed topo or survey,. Reviewed the 15 conditions,.etc. He'll supply info. 5/8/90 Received new info to help fulfill conditions of 1040 from Zaluba - OK'from Zaluba for drainage plan 5/17/90 Received required-landscape-plan If it were not for my.recent illness and workload, these would probably be through here. This piecemeal receipt of information causes delays. cc: Buddy Lucero Leslie Lamont MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont RE: Hoag Lot 3 DATE: December 19, 1989 At the November 14 meeting, P &Z tabled review of the 8040 Greenline application. Two issues surfaced during that review: potential denial of the project and restricting access to other parcels. I have asked the City attorney to respond to those two issues. As of packet deadline the attorney had not submitted his response. If I cannot present a response to you at the December 19 meeting, staff recommends tabling discussion until a legal response can be reviewed by the Commission. Attached is correspondence from the applicant. The letter outlines the newly calculated square footage of the proposed single family home. I have also attached the November 14 memo to refresh your memories about the outstanding issues as identified at the August P &Z meeting. 1 ® r, McFLYNN & PICKETT LAWYERS A PROFESSIONAL CORPORATION �1 THE SMITH ELISHA HOUSE 320 WEST MAIN STREET. SUITE I P.O. BOX I ASPEN. COLORADO 81611 TIMOTHY McFLYNN' MARTHA C. PICKETT Also ,�,.,,,�o ,„ C.- MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Martha C. Pickett RE: Hoag Lot 3, 8040 Greenline Review DATE: A. B. December 19, 1989 I. History of Hoag Subdivision and Lot 3 M TELEPHONE (303) 925 -2211 TELECOPIER (303) 925 -2442 The Hoag subdivision was created and approved by the City of Aspen October 18, 1971. Lots 1 and 6 are designated open space parcels. Lots 2, 41 and 5 are developed. C. Lot 3 contains 3 plus acres, (133,219 square feet). D. Lot 3 is zoned C (Conservation) , permitting one single family attached residence. E. Lot 3 received 8040 approval for a single family residence of 2,324 square feet July 20, 1976 (Virden residence). F. Lot 3 received an additional 8040 approval November 25, 1986, approving access to a building envelope (located in the identical place as the proposed house). II. 8040 Greenline Standards A. The parcel is suitable for the proposed development, considering the slope, ground stability statistics and avalanche dangers. The applicant has submitted various reports by Chen and Associates, Consulting Geotechnical Engineers, verifying that the slope stability can be satisfactorily mitigated for both the house location and the access driveway. The applicant has hired Chen and Associates to monitor the entire project to assure sound engineering practices for the excavation, cut and fill required for this project to maintain the integrity of the site. The avalanche analysis made by Arthur Meers (January, 1987) also verifies that 1 • 1 the site for the house is in a very low risk location. Furthermore, he states that theories and studies have shown that construction of an "avalanche proof structure is feasible at this location ". An avalanche proof retaining wall has been engineered for the entire southern side of the.house which also wraps around to each side. Note: Meer's report also stated that the major avalanche risk for the lot is on the western side of the house site, crossing the originally proposed access driveway. With the relocation of the upper driveway, exposure to this higher risk avalanche path is being eliminated. B. The proposed Hoag Development does not have a significant adverse effect on the natural shed run -off, drainage soil erosion or have consequent effects on water pollution The drainage plan prepared by Chen and Associates, which has been approved by The City Engineering Department, will be closely followed to avoid an adverse impact on the drainage for the site. C. The proposed development does not have a significant adverse effect on the air quality in the cites The "fireplace" will utilize a gas burning device to minimize air pollution. D. The design and location of the proposed house and access driveway are compatible with the terrain on the parcel The applicant has completely redesigned the house at the request of staff and Planning and Zoning. The applicant has further redesigned the roof two times at staffs suggestions.The house is designed to be built into the hillside to minimize the cut along the face of the mountain. There are no windows on the exposed south elevation, therefore, there will be no excavation scar above the house as on some steep building sites. The upper location for the access driveway is along a natural "bench" in the hillside. There are only about twenty -five trees to be removed and relocated for the construction of the driveway. The applicant has agreed to work with The City Engineering Department to provide the proper mix of boulder and tie -in retaining walls to create the most visually aesthetic and least destructive retaining wall. E. Excavation and grading required will be minimized See discussion above regarding retaining wall. Furthermore the footprint of the house has been minimized to 2,488 square feet. F. The placement of the house and the access driveway have limited cutting and grading, maintained open space and will preserve the mountain as a scenic resource 2 • This 3 plus acre lot will contain only a 2,840 square foot covering approximately 2 per cent of the entire site. Your relocation of the access driveway on the upper location, the old switch -back to the west of the house site will be revegetated. Furthermore, relocation of trees and addition of new trees will significantly buffer the driveway and the home from view below. G. Building height and bulk have been minimized. The log structure and has been designed to blend into the open character of the mountain. (See discussion above) H. There is sufficient water pressure and other utilities to service the proposed development. I. There is an adequate road to serve the proposed single family home, via Ute Avenue. J. An adequate ingress and egress is available via Forest service special use permit (20 feet wide) and the new access driveway to be constructed. The new driveway will be snow melted to allow for fire protection if necessary, however, the applicant has committed to installing a sprinkler system as recommended and approved by the fire marshall. In addition, the applicant has committed to providing signage as needed for the cross - country trail which traverses Lot 3, and will work with the city and the Forest Service to provide the most effective coexistence for. the trail and the driveway through the applicant's special use permitted area on the Forest Service property. III. House Design The applicant has worked closely with the planning staff to redesign the house, taking into consideration environmental impacts and site constraints. The house will utilize whole, hand hewn, 12 inch natural logs, stained with a semi - transparent linseed oil stain, grayish in color. The roof will be a split cedar shake which will eventually turn a deep brown color blending into the mountain side. The house contains 2,840 of floor area ratio square footage. The lot size is 133,219 square feet. The footprint of the house 1i 2488 square feet so the development will cover less than two p:rc;nt of the site. In comparison to nearby houses which have also been through the 8040 Review: Lot 2, Davis property has 3,945 square feet on an 18,482 square foot lot. v E Lot 4, duplex, has 3,578 total square feet on an 21,832 square foot lot. Lot 5, Rappaport, has 5,864, square feet on a 15,811 square foot lot. Lot 3 and to the west, Moses property has 3,800 square feet on a one acre lot. Also to the west of Lot 3, the Hemmeter house has 13,475 square feet (as of 1984 approved addition) on a 1.8 acre lot. IV. Access Driveway The applicant has agreed to construct the upper access driveway, buffered from the trail and the lower property owner by natural vegetation and topography. The applicant has agreed to revegetate the upper portion of the existing driveway from the switch -back to the east property line. The Forest Service, the owner of lots 2, 4 and 5 and owner of the Smuggler- Durant property have agreed that the upper driveway is preferable to using the existing lower road. The applicant has also agreed with George Robinson of the Parks Department regarding the trees to be removed in construction of the driveway which will be relocated on or off the property as instructed by the Parks Department and the City. - The applicant has also agreed as,follows: To assist the city to gain the necessary permission of the Forest Service to widen the Forest Service access road from twenty feet to twenty -five feet to accommodate the dual purpose df the driveway for Lot 3 and a ski trail 12 feet in width. The applicant has agreed to install a dirt berm approximately 2 feet high to physically divide the two uses on the Forest Service portion of the drive. 2 WHY% & PICKETT LAWYERS A PROFESSIONAL CORPORATION j DEC F 4 THE SMITH - ELISHA HOUSE 320 WEST MAIN STREET. SUITE 1 P.O. BOX T ASPEN, COLORADO 81611 TIMOTHY MCFLYNN' TELEPHONE (303) 925 -2211 MARTHA C. PICKETT TELECOPIER (303) 925 -2442 'ALSO AOM,nEO IN CALIFORNIA December 13, 1989 Leslie LaMont HAND- DELIVERY Aspen /Pitkin Planning Department 130 South Galena Aspen, CO 81611 RE: Hoag Lot 3 8040 Review Dear Leslie: Enclosed for your reference and incorporation into the P &Z memo is an updated calculation of square footage of the proposed house for Lot 3. The total square footage is now 2,455 square feet, significantly less than houses in the surrounding area, and only slightly greater than the 2324 square foot house which was approved in 1976. Also, please note that the footprint of the proposed house measures 2289 square feet, covering less than two percent (2 %) of the entire three acre lot. As soon as a copy of Fred's memo to P &Z is available, I would really appreciate your calling my office so we can pick up a copy. Thank you again for your continuing cooperation. We look forward to final resolution of this review on Tuesday. I believe Joe has adequately addressed all concerns. Sincerely, C:Zalulamt.ltr Pickett McFLYNN & PICKETT LAWYERS A PROFESSIONAL CORPORATION THE SMITH - ELISHA HOUSE 320 WEST MAIN STREET. SUITE 1 P.O. BOX I ASPEN. COLORADO 81611 TIMOTHY McFLYNN* MARTHA C. PICKETT ALSO ADMITTED IN CALIFORNIA December 15, 1989 Leslie LaMont Aspen /Pitkin Planning Department 130 South Galena Aspen, CO 81611 RE: Hoag Lot 3 8040 Review Dear Leslie: TELEPHONE (303) 925 -2211 TELECOPIER (303) 925 -2442 HAND- DELIVERY Enclosed for your reference and incorporation into the P &Z memo is an updated calculation of square footage of the proposed house for Lot 3. The total square footage is now 2,840 square feet, significantly less than houses in the surrounding area, and only slightly greater than the 2324 square foot house which was approved in 1976. Also, please note that the footprint of the proposed house measures 2289 square feet, covering less than two percent (2 %) of the entire three acre lot. As soon as a copy of Fred's memo to P &Z is available, I would really appreciate your calling my office so we can pick up a copy. Thank you again for your continuing cooperation. we look forward to final resolution of this review on Tuesday. I believe Joe has adequately addressed all concerns. Sincerely,; 1 i Ma tha Pickett C:Zalulamt.ltr WED 14 : 1 5 WESTERN H E R T_ LOG H O P 0:2 ® ..... David A. 8100m db�Ich Novlq 'CO 60206 (X31399 -3096. „ Dccembar 13; '1989 - Western Heritage Log Homes " p,0. Box 9640 ... Aepen� Co 81611 - REt Floor Area Calculations for ;Lbt' 3� � !6,4 Subdivision Proposad Rasidenc.a .. .. Dear Mr, Z81AM, As requested, I am enclosing flocr.•:arig' alculutions efinirioribfxommthQicode reBidotee, based on paragraph (D) of tha Flpox.Area d for oubgrade areas at each of the 3.'levsls wh1cli'are'03rtly above and partly below existing grade, the natux$l.grad+3 wss determined by field elevation checks by High Country Hnginscring on zecamber... Far..purp4se6'.c?f vhl�vne cAl- oulations, it is our interitxon ro *aiii'tate, a: mRxlmum 1.0.' plate height, in the Great Room and Gar.agef• and a, maximiM-9' px.8te height ttlrbUg,110Ut the rem,3inder of the structure. AREA TABVLATIONS LEVEL AF. A, 'L. 0V TOTAL PERIMETER •WALL .:... AP LO �ARt — - ARP,A COVE NA2'f1RAL, ­ GRAnE w LOUTR 1690 Sq. Ft, 203 Sq, Ft. MAIN 1988 Sq. Ft. 45 $95 Sq. Ft. UPPER 2121 Sq. FL. 64% 1357 Sq. Ft. TOTAL FLOOR AREA 2435 Sq. ft. Thank you for the opportunity of•assisting you with this project. Feat free to contact me with any questions about these Cilcul&tiOns- Yovrs Truly; Coln &Vid A. Bloom y�Q'` oAVtn ALLEN BLOOM AVI ATTACHMENT United States West /f � a Department of Service t' Agriculture Ms. Marty Pickett Smith Elisha House 320 West Main Aspen CO 81611 Dear Marty: White River *Aspen Ranger District National 806 West Hallam Forest Aspen, CO 81611 Reply To: 2730 Date: October 16, 1989 This letter will serve to document the Forest Service's approval of the plans submitted for improvements to the access road over National Forest System Lands to the Hoag Subdivision. This road, .04 miles in length, is under Special Use Permit. The right -of -way of the permitted road is 20 feet. The improvements to the road have been described in drawings which have been reviewed and approved by Forest Service engineer Bob Berg. These plans may be implemented under the following conditions: 1. The Aspen Ranger District will be notified of and approve the proposed schedule of work. 2. All disturbance must remain within the 20 -foot right -of -way authorized under the existing Special Use Permit. Thank you for your cooperation in this matter. Sincerely, ETCHEN MERRILL strict Ranger cc: City of Aspen Planning Department, attn. Leslie Lamont/ SO South Zone Engineering Caring for the Land and Serving People U�S FS- 8200. 28(7 -82) f _0 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner RE: Hoag /Barker /Zaluba 8040 Greenline Review DATE: August 8, 1989 ----------------------------------------------------------------- ----------------------------------------------------------------- Summary: The applicant proposes to develop a 4,792 square foot single family .home 'on a 3 acre lot ;off of Ute Avenue. The applicant also proposes to increase the width of a Utility and Trail easement along the northeast border of the panhandle of Lot 3. The site and access is located on the steep forested hillside south of Ute Avenue and above the' elevation of 8040 thus necessitating 8040 Greenline review. APPLICANT: Joseph S. Zaluba, Western Heritage Log Homes, Inc. LOCATION: Lot 3 of the Hoag Subdivision, City of Aspen ZONING: Conservation APPLICANT'S REQUEST: 8040 Greenline approval for the construction of a single family home. BACKGROUND: Following is the history of development proposals of Lot 3 in the Hoag Subdivision: October 18, 1971 The Hoag Subdivision" was approved by the Aspen City Council creating 5 lots south of 'Ute Avenue. Lot 3, is the highest up the hill and on the steepest: terrain. On the original plat, the old Midland right -of -way was designated a "Utility and Public Trail Easement." The Midland appears to be the only improved access to Lot 3, although it was not shown as an ingress /egress access. July 20, 1976 Virden 8040 Greenline was approved. A detached garage was to be located off the old railroad right of way; and the house was to be placed with walk -up access only. A temporary construction road would be built, to be recovered and reseeded prior to the certificate of occupancy. As part of the Virden Review, an avalanche hazard study conducted by Hans Frintiger and Whitney Boland in 1976 was submitted. Three avalanche tracks were identified across the property. It was concluded that within the "wedge" of Douglas fir, where the Virden house was proposed, the probability of avalanche penetration was small. October 7, 1985 Barker Greenline 'Review was approved in conjunction with the Nordic Council Trail Greenline Review for 0 the development of an access road to,a proposed buildng site. However condition #1 of the Greenline approval, was that no construction on Lot', 3 Hoag Subdivision shall be allowed until a development plan i's given approval through a separate 8040 Greenline Review. i The proposed access road, approximately 690 feet long, would go from Ute Avenue to the Hoag Subdivision Lot 3 building site, passing through Forest Service property, Lot 4 Hoag Subdivision and the Newfoundland Mining Claim. This proposal eliminated the need to use the Utility and Trail easement that is shared by Lots 4 and 5. Barker however needed a Forest Service Special Use Road Permit for construction of the driveway on its property. August 27, 1986 The Forest assessment of Barker's proposal, Use Road Permit. Service, after an environmental denied the request for a Special December 2, 1986 A new driveway, approximately 545 feet in length, providing access to the building site was approved by the Planning and Zoning, Commission. The road, which has since been constructed, enters ;Lot 3 off of the Utility and Trail Easement, runs through the site almost to the western edge, switching back once, up into the lot, to access the building site from above. April 4, 1989 Jack Barker and Joe Zaluba request 8040 Greenline approval to construct a single - family home. The October 7, 1985 Greenline approval required a separate 8040 Greenline approval for a development plan before construction on Lot 3 Hoag Subdivision shall be allowed. The 8040 request was subsequently tabled so the applicant could submit information that would address issues of concern. `August 8, 1989 The application before you now is a continuation of the tabled proposal. Barker /Zaluba have not only submitted the information requested but have proposed to widen the existing Utility and Trail easement that borders Lots'2, 3, 4, and 5. The applicant intends to create an access road that is solely on Lot 3 in an attempt to; decrease the problematic nature of the co- existence of trail and vehicular use, and to remove vehicular traffic from the abutting properties.'. Access onto Lot 3 has historically been through USFS land. Any improvements are contingent upon review and approval from the USFS. Please see attached letters of concern, from surrounding property owners (Attachment A). The application also proposes an alternate building site. The new site does not require the use of the large driveway that was 2 cut into the hill pursuant to the December 2, 1986 approval. REFERRAL COMMENTS: Engineering: In a memo dated Department having reviewed the site has the following comments: July 24, 1989 the Engineering additional information and the 1. The applicant needs to follow the recommendations concerning planning and design for slope stability of the proposed driveway and residence which were made in the reports by Chen - Northern of June 26, 1989 and August 1, 1989. Engineering Department needs to review this planning and design before approval. 2. The driveway plan submitted by High Country Engineering does satisfactorily follow the recommendations of Chen - Northern in their report of July 31, 1989. However, the following should be considered before approval of this driveway proposal: a. The width of the area which exists within the Utility and Trail easement across Lots 4 and 5 does not meet existing standards for trail width. We recommend that there be at least a 12 foot wide area to accommodate the trail. An easement needs to be granted by the applicant to accommodate this additional area for the trail. b. If the driveway and trail are to be in the same location, there is potential for a problem. The previous owner agreed to leave a snowpack on' the driveway which would accommodate cross country skiers. Craig Ward of the Nordic Council indicated that this snowpack should'be a minimum of 4`inches in depth. If this becomes a requirement, then some method of enforcement needs to be determined before approval. C. The submitted plan calls for widening the existing road so that the driveway can be located entirely on Lot 3. To accommodate this widening, we recommend that the cut in the slope be reduced as much as possible by the placement of a vertical retaining wall that is tied into the bank. This will reduce the visual impact as well as the number of trees that will have to be removed. Attached, Attachment B, is a cross section showing the bank at station #16 as it exists now, with the proposed boulder retaining wall and the recommended tie -in retaining structure so that it can be compared to the plan submitted by the applicant. d. The City is proposing to place a drainage culvert along this Utility and Trail easement and this will have to be accommodated by whatever building and access design is approved. The applicant needs to make an agreement to this to the satisfaction of the Engineering Department. 3. The revegetation plan which ha,e been submitted by the applicant for the building site is acceptable. 3 4. The drainage plan submitted by the applicant is not acceptable because it does not address the impact to the Forest Service property from the drainage along the proposed access road. PARKS: Bill Ness of the Parks Department submitted the following comments in a July 24, 1989 memo: 1. Proposed approximately 50 trees, 6" or over in diameter, to be removed for house, location. 2. Proposed approximately 100 trees, 6" or over in diameter, to be removed for widening an additional 8' of personal driveway. These requests have been denied by the Parks Department for the following reasons, as defined by the City of Aspen Code: a) Section 13 -76. Paragraph (d) , No. (5). The number and kind of trees in the neighborhood, the contribution of the trees to the natural beauty of the area, and the effect of removal upon the property values in the area. b) Section 13 -76. Paragraph (e). Requires that the owner either relocate or replace a tree or trees with comparable substitutes somewhere within the property lines of the site, or donate to the City of Aspen Parks Department. Comparable substitutes is,defined as a tree or trees of equal size and value to the appraised value of that tree which is to be removed or relocated. I Supplementary to these codes, there are many inherent problems with the proposed development of Lot #3, Hoag Subdivision, with respect to the Nordic Trail which already exists North of the proposed building site. Firstly, there is insufficient width to allow for both a safe ski trail and a driveway along the existing alignment. To widen this alignment to accommodate both ski trail and driveway, the hillside would have to be excavated 6,300 sq. ft. (4501x14'). This would provide proper alignment widths for both the trail and the driveway. This would require some function of retaining system, ie. retaining wall or gabion wall and produce a 12' to 15' scar along 450' of the alignment. This would also eliminate approximately 100 or more pine trees, 6' or over in diameter. Mr. Zaluba's current excavation plan allows only a 6' wide ski trail, which .is totally unacceptable, especially since this alignment runs along an inclined slope of 4% to 7% grade. Six feet is not enough room to negotiate skis safely on an incline of this slope. The excavation of this area and exorbitant tree removal serves only private access and not the public ski trail already in place. 4 Secondly, if excavation were to proceed, a physical barrier would need to be set in place to separate skiers from traffic. This would further the excavation depth in addition to removing more trees. Thirdly, the City ha's purchased two Kassborher piston bullies, at $95,000 each, to groom the existing Nordic ski trails. In order for the piston bullies to be able to groom this alignment, even further excavation would be necessary. The City has also purchased many land easements to complete the base of Aspen Mountain Trail, thereby linking this trail across the south side of town. These investments will be jeopardized by the proposed alignment of the trail. A consideration was proposed for a combined use alignment, where the trail would not be plowed. This runs the gamut of 'Dangerous' to 'Ridiculous'. Dangerous, by sending skiers downhill to oncoming traffic; Ridiculous, because the unplowed, packed snow is subjected to warming /freezing temperatures, which turns the whole path into wheel depth frozen ruts. The liability problems are self evident. Furthermore, besides the aforementioned tree loss by excavating his access, Mr. Zaluba has not agreed to relocate or replace the approximately 50 or more trees, of equal value, that will be destroyed by excavating the area where the house is to be built. BOARD OF ADJUSTMENT: At the scheduled meeting of the Board of Adjustment on March 23, 1989, we heard and granted a variance to the applicant Jack Barker: Lot 3 Hoag ;Subdivision (Case #89 -6). We granted the front yard setback variance to more safely situate the structure in a denser stand of larger trees, out of the major avalanche path. In walking the road to the lot, there were substantial avalanche occurrences that crossed the road. Looking uphill I noticed major snow movement had occurred in trees the size and density similar to conditions on the subject property. While the Board felt a need to further mitigate the potential avalanche threat, it did not want to encumber the Planning Commission's role in their 8040 Greenline Review. 4 The Board has asked me to write this memo to express our concerns and offer recommendations for your consideration. Under the direction of the Engineering Department.we felt that a deflection barrier should be constructed uphill to direct any snow movement away from the structure and toward the°main avalanche path. The protective barrier should be strong enough to withstand avalanche impact and deposition loads. Further, that there be a close monitoring and minimal removal of trees during construction. 5 0 0 ASPEN FIRE PROTECTION: Fire Marshal, Wayne Vandemark, had the following comments in a June 15, 1989 memo: This project is approximately five. minutes from the Fire Department. The access roadway shall be 20 feet in width with an all weather driving surface per Uniform�Fire Code. Consideration should be given for the installation !of an automatic sprinkler system for the greatest degree in fire protection. ASPEN CONSOLIDATED SANITATION DISTRICT: Bruce Matherly, District Manager in July 25, 1989 memo had the following comments: To date we have not heard from the applicant regarding the line extension which would be required. ASPEN WATER DEPARTMENT: The water department's comments have not changed since their original referral comments September 20, 1985. In that memo they indicate that it might be possible to provide water service to this development if certain pre- conditions required by the Water Department are met. A service connection for a single family or two family dwelling could be allowed from the water main in Ute Avenue. The applicant however, would have to furnish evidence of an easement to his private tract. He would also,be required to install a meter at or near the point of connection, outside of the public right of way. The Water Department can in no way assure adequate or sufficient water pressure if the point of usage is to be above the 8040 line; but the applicant can increase his pressure by installing his own private booster pump and pressure tank within his house. If these conditions can be met, the Water Department can furnish water upon application and payment of a water permit. STAFF COMMENTS: Several conditions related to the construction of the new road up into the Lot 3 (December 2, 1986 approval) are relevant to this review. Condition 1: More detailed information on the possibility of a retaining wall and 'revegetation plan shall be submitted to the Planning Office. Response: Jack Barker indicated in a February 18, 1987 memo that "a detailed site plan is being developed that incorporates this landscape plan as well as the drainage system of our previous plans." A review of the files has not turned up these particular plans. Condition 2. The applicant shall agree to allow the Nordic Council trail and summer trail use along the old right -of -way and 11 • A trail easements in an arrangement compatible with the Nordic Council's trail system. Response: An easement Agreement was recorded February 24, 1988. Condition 3. Applicable conditions from the October 7, 1985 Barker Greenline review approval shall be conditions of this approval. Response: Those 1985 conditions that are applicable to the construction of the road are: Revegatation of the cut and filled areas of the driveway shall be accomplished through the spreading of an appropriate seed mix, both uphill and downhill. The construction of the large driveway was intended to access the building site from above. Because the Forest Service denied the Special Use Road Permit for a new access road the applicant proposed to build the new road on Lot 3. In a memo dated October 3, 1986, Brooke Peterson representing Jack Barker stated that "as with the first alignment, this driveway will enable one home with an attached garage, rather than a home with a detached garage, to be built..." It appears that the` intention of the'road was to access, from above, the original Barker building site. The building site that is now being proposed has been relocated. The applicant received a variance to adjust the front yard setback, to 25 feet from the northern property line. The proposed' building site is will be accessed right off of'the Utility and Trail easement across from Lot 2, approximately 400 feet up from the Forest Service boundary. Please see the proposed site plan, Attachment C. Because the newly constructed road cut is not necessary for access to the building site, staff recommends that the cut be filled in and revegetated. Jack Barker and the City have recorded a trail easement up to the switchback. Therefore the road closure and revegetation should occur from the switchback up the slope to the end of the road. On April 4 the application was tabled because of the need for additional information. Staff has.; the following comments regarding the applicant's response to the request for information. 1. The applicant shall submit a report done by a professional geotechnical engineer registered in the State of Colorado which will evaluate the site specific slope and ground stability conditions that will result from this development. The conclusions and recommendations in the report by Chen and 7 0 Associates which were used in the driveway application do not address the conditions which will result from the present proposal. This report should be referred to the State Geologist for comment before this application is again reviewed by P &Z. A registered geotechnical engineer is also recommend for construction management and inspection and a C.O. should not be issued without his sign off. RESPONSE: The applicant has submitted a subsoil study dated June 26 1989 which evaluated the slope and ground stability of the specific building site development. Chen - Northern, the geotechnical engineers, have made site'specific recommendations. But, as stated in the Engineering comments, the applicant still must submit a plan, indicting that the development will follow Chen's recommendations. Chen has also indicated that they will be available to perform field monitoring upon request. The applicant has not assured staff that the particular request has be made. 2. A site specific revegatation plan which will detail mitigation of any disturbance to the terrain caused by this development shall be submitted to the Planning Office and Engineering Department by the applicant. RESPONSE: An acceptable revegetation plan for the building site was submitted. 3. The applicant needs to submit a drainage plan done by a registered engineer for the purpose of mitigating any impact of this development to any areas on adjacent properties. RESPONSE: The plan submitted is unacceptable as the plan does not mitigate the drainage impact on the lower access road through the Forest.Service property. 4. The applicant shall comply with the conditions which were required as a result of the P &Z revieT for the driveway on this development. The following information shall be taken into consideration in the determination of the driveway /cross country ski trail compatibility: a. an agreement to leave snowpack on the driveway to accommodate cross country skiing. b. all weather surface and 20 foot width for emergency access. RESPONSE: These concerns are not really relevant due to the revised road access proposal. 5. Proof of water and sewer service to.the site. 8 • ATTACHM S D ADDITIONAL INFORMATION AND EXHIBITS TO THE BART= /2ALUBA 8040 GREENLIIE APPLICATION. Subject Development: Lot -3 - hoag Subdivision - City of Aspen 1125 Ute Avenue TABLE OF CONTENTS A. Snow Avalanche Loading Analysis by Arthur I. Mears, P.E. B. Geotechnical Evaluation of Slope Conditions - Building Site by Steven Pawlak, P.E., Chen Northern, Inc. C. Geotechnical Evaluation of Slope Conditions - Driveway Widening by Steven Pawlak, P.E., Chen Northern D. Drainage plan for the Proposed Structure by Tim Beck, P.E., High Country Engineering. ILLUSTRATED EXHIBITS Sheet (Cover). Artists rendering of proposed structure Sheet A. Site Plan Sheet Al Site Grading & Revegetation Plan Sheet A2 Access Driveway Lot 3 - Hoag Subdivision Sheet B Elevations & Floor Plans Sheet C Elevations Sheet D Avalanche Wall. Design Sheet E Drainage system design Sheet F Alpine Surveys road location survey. t' 0 RESPONSE: A utility easement exists between Lot 1 and 2 of Hoag Subdivision up into Lot 3 and has been plotted on the new plans. A sewer line extension is required by the Sanitation District. 6. The applicant shall verify proof of access to the site. RESPONSE: Staff has received a copy of the Forest Service Special Use Permit. 7. The applicant shall provide proof from an engineer that an adequate "avalanche proof" house design is being proposed for the site, including specific verification that final design criteria addresses the avalanche report done by Arthur Mears in 1987; more specifically the engineering report shall address the following: a. Specification of avalanche forces (resolved into mutually perpendicular directions); and b. Determination of loading criteria (static or impact). RESPONSE: The applicant has submitted an acceptable report from Arthur I. Mears, P.E., Inc., dated May 1989. Please see attached report, Attachment D. 8. The applicant shall specifically address that the fill from the construction of the structure will be removed from the site. RESPONSE: The applicant has proposed that some of the fill be used to widen the existing trail easement in portions where the trail is only approximately 6 feet wide-. Removal of the fill shall be a condition of approval. 9. The applicant shall verify that the proposed sprinkler system for fire protection will adequately address the concerns of the Fire Marshall. RESPONSE: The applicant has not submitted a plan for review by the Fire Marshall. 10. The applicant shall work with the Engineering Department and Fire Marshall to determine if the access drive is required to be widened to meet engineering and safety standards. RESPONSE: The applicant has proposed to widen the road. This proposal will be discussed during the following 8040 review. Pursuant to Section 7 -503 the development of this site and the proposal to widen the access road are subject to 8040 Greenline review. The propose of 8040 Greenline review is to: 9 0 1. reduce the impact of development on surface runoff, the natural watershed, and air pollution; 2. avoid property losses from avalanches, unstable slope, rock fall and mud slides;' 3. aid in the transition of development from urban uses to agricultural and forestry uses; 4. provide for the least disturbance..to the terrain and other natural land features of the area; 5. guarantee availability of utilities and adequate public access to proposed development; and 6. enhance the natural mountain setting. Section 7 -503 C. outlines the review standards for 8040 Greenline Review: CRITERION 1: The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stablize and revegetate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the City. RESPONSE: If the City were reviewing the proposal as a new subdivision, this location for development would not be approved today. This is a very difficult site, at best. Reveiw of Departmental files reveal very complex development issues surrounding this parcel. With the rising popularity of nordic skiing and the new developments along Ute Avenue below the proposed building site, development must occur in a very sensitive and guarded manner. CRITERION 2: The proposed development does not have a signi- ficant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects on water pollution. RESPONSE: The applicant has submitted a drainage plan and a subsoil study for foundation and grading design. The drainage plan is unacceptable as was discussed above. The Forest Service is concerned about the impact on the lower access road which passes through Forest Service Land. Although the applicant's consultant Chen - Northern has made specific recommendations regarding soil stability, the applicant has not indicated that these recommendations will be followed. 10 0 The City is proposing to place a Utility and Trail easement and this by whatever building and access applicant needs to make an agreement of the Engineering Department. drainage culvert along this will have to be accommodated design is approved. The to this to the satisfaction CRITERION 3: The proposed development does not have a signi- ficant adverse affect on the air quality in the City. RESPONSE: The application has stated that a gas type fireplace will be used thus minimizing the air pollution. The fireplace shall be deed restricted with the Environmental Health Department. CRITERION 4: The design and location of any proposed develop- ment, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. RESPONSE: The building site is located in what is estimated to be the safest portion of the lot. 'The building site is located in a "wedge" of Douglas fir thus helping to protect against avalanche hazard. CRITERION 5: Any grading will minimize, to the extent practi- cable, disturbance to the terrain, vegetation and natural land features. RESPONSE: The applicant is proposing to widen the existing Utility and Trail easement to provide a total road width of 12 feet on Lot 3. The amount of land that is excavated for the expansion will vary depending upon the surveyed easement, and actual existing land. There are portions of the platted easement that have sloughed off of the edge of the road onto the abutting properties. Staff recommends using a vertical retaining wall that is tied into the bank to support the expanded road cut. The applicant has submitted a soil and grading plan for the proposed road expansion. Because:. this hillside is very steep, any road cut requires the use of 'a retaining wall or ,a very wide sloping bank. The applicant proposes to use a boulder retaining wall. However using a vertical tie -in support structure, rather than a boulder rataining wall, will further decrease the amount of bank that must be graded for a road cut of this size (refer to Attachment B). Reducing the size of the road cut reduces the amount of trees that will be removed. According to the Parks Department approximately 100 trees, 6" in diameter or over will be removed with the applicant's proposed road cut plan. Maintaining the greatest number of trees on site will help reduce the erosion potential on that slope and reduce the visual impact from such a large road cut. 11 Parks estimates that 50 trees 6" in diameter or over shall be removed with development of the building site. The size of the building, and its placement on the site, will require a very large excavation. The house is very long and narrow across the hill. The site plans do not show an excavation plan. Staff believes there is a conflict between .:one of the goals of 8040 review, to provide for the least disturbance to the terrain, and the amount of excavation necessary for development. CRITERION 6: The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. RESPONSE: Only one structure is proposed for the lot. The highest portion of the lot will remain undisturbed. However because the upper road cut, intended as access to the building site, is no longer needed, staff recommends, that the road be filled in and revegetated. CRITERION 7: Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. RESPONSE: The total square footage 11 living -area is 4,792 square feet. The proposed building has an approximately 98 foot wide facade stretching across the :hillside. The height, depending upon which grade is used, is approximately 39 feet tall. Although the applicant proposes to use "handcrafted and handpeeled lodgepole pine logs ", the massing of this home will make it difficult to blend into the hillside. The design of this building is too conspicuous for its natural mountain setting. .A less prominent design may better preserve the open character of the mountain. The original approval for a single family home on this site is a good example of a design the was sensitive to the mountain setting. The Virden residence, proposed at 2,324 square feet with a 24 foot wide facade, was to be built into the hillside, requiring ,a narrow cut along the face of the mountain. n Staff recommends that the applicant submit an alternative home design for this very,visible mountain slope. CRITERION 8: Sufficient water pressure and other utilities are available to service the proposed development. RESPONSE: Utilities are available to the site. A discussion of the utilities was included in a 8040 Greenline application that was approved December 2, 1986. The ;Water Department has not received information regarding the installation of a booster pump and pressure tank or a meter. The Sanitation District requires a line extension. 12 • CRITERION 9: Adequate roads are available to serve the proposed development, and said roads can be properly maintained. RESPONSE: The applicant is proposing to widen the road. Staff does not agree that a boulder retaining wall is adequate and recommends a vertical tie -in wall. This type of support will require less tree removal. CRITERION 10: Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. RESPONSE: Fire protection will be by providing a sprinkler system in the house. The applicant must submit a plan for review by the Fire Marshal. CRITERION 11: 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: After very lengthy discussions with neighbors, consulting engineers, Parks Department, the Nordic Council and review of past files, expansion of the existing road onto Lot 3 is the best, perhaps only alternative for access (Attachment E). Using the existing! road is viewed with grave concern by the owners of Lots 4 and 5. The Nordic Council and the Parks Department perceive' a dangerous conflict between recreational trail users and vehicles accessing the.site. The applicant proposes to widen the road, cutting into the bank on Lot 3 for a total access width of 12 feet. In some parts on the trail easement, land has eroded o& the bank, thus making the trail very .narrow in parts. The applicant proposes to use the material from excavation to fill in the trail easement to its fully platted width. Staff has expressed concern regarding the point where trail users may connect up with the building site driveway into the two car garage. The applicant proposes to install in the immediate area of the house bushes or a fence to separate the two uses. It appears that the applicant has enough room in the Forest Service easement to widen the entry point off of Forest Land onto Lot 3 without requiring a Special Use Permit. However staff recommends that theForest Service review the proposal before it is determined that the expansion is allowed. Expansion of the road will decrease the potential for user conflict on the trail. It will enable ;the City to use the piston bullies for track setting and there is� a' strong likelihood that the easement will remain snowpacked at a proper depth. It was originally proposed that the applicant would leave snow pack on 13 the road, but the condition did not specify a depth. The proposal to widen the road is very recent and plans were submitted to this office for review as late as August 1, 1989. The proposal appears to work, however staff does not feel comfortable recommending approval until a complete review by other agencies, including the Forest Service, can occur. RECOMMENDATION: The Planning Office recommends tabling the Barker /Zaluba 8040 Greenline Review until the applicant addresses the following concerns: 1. Staff feels strongly that a vertical tie -in retaining wall is the best solution for a difficult problem. Plans for this type of support system must be reviewed by the Planning and Engineering Department before approval.;- 2. The Forest Service controls the easement onto Lot 3. To widen the road may require changing the access point on Forest Service Land. Before approval of the road expansion proposal the Forest Service must review the proposal. 3. The width of the area which exists within the Utility and Trail easement across Lots 4 and 5 does not meet existing standards for trail width. We recommend that there be at least a 12 foot wide area to accommodate the trail. An easement needs to be granted by the applicant to accommodate this additional area for the trail. 4. If the driveway and trail are to be in the same location, there is potential for a problem. The previous owner agreed to leave a snowpack onj the driveway which would accommodate cross country skiers. Craig Ward of the Nordic Council indicated that this snowpack should be a minimum of flinches in depth. If this becomes a requirement, then some method of enforcement needs to be determined before approval. 5. Preserving the character of the mountain and encouraging development, at such visible elevations, that are sensitive to the surrounding environs is paramount to 8040 Greenline review. Aspen residents need only look up and around to be reminded of development that could have been designed in a less discernable fashion for their elevated locations. 'A redesign of the proposed single family home is crucial for 8040 approval of a development on this lot. 6. The geotechnical engineers have made many recommendations for development regarding slope stability during the excavation. It is vital that these'recommendations are followed and incorporated into the design of the site. The Engineering Department must review these plans as committed to ..,by the applicant before approval. 14 • 0 7. Chen - Northern has also indicated that they will be available to perform field monitoring upon request. The applicant has not assured staff that the particular request has be made. 8. A drainage plan that addresses the impact to the Forest Service property from the drainage along the proposed access road shall be submitted for review by the Engineering Department and the Forest Service. 9. The applicant has identified the trees that will be removed but has not made a commitment as 'to their replacement or relocation. Furthermore, besides the aforementioned tree loss by excavating his access, Mr. Zaluba has not agreed to relocate or replace the approximately 50 or more trees, of equal value, that will be destroyed by excavating the area where the house is to be built. A landscape plan, indicating the replacement of as many trees as possible on site and where other trees will be relocated to. 10. The applicant has not submitted a'sprinkler plan for review by the Fire Marshall. hoagzaluba 15 ATTACHMENT A JOHN THOMAS KELLY ATTORNEY AT LAW 117 SOUTH SPRING STREET ASPEN. COLORADO 81611 TELEPHONE (303) 925 -1216 April 6, 1989 Ms. Cindy Houben Aspen /Pitkin planning Office 130 S. Galena Aspen, CO 81611 I �i APR -7. S Re: Barker -Hoag 8040 Green Line Review Dear Cindy: I represent I. G. Davis, Jr., who is the owner of Lot 2, Hoag Subdivision, which is directly below the proposed location of the house for which approval is requested. On behalf of my client, I would like to register strong opposition to the application. The principal reasons for the opposition are as follows: 1. Access. The only document which I am aware of that would grant any right to use the proposed driveway is the plat for Hoag Subdivision. The plat clearly grants a "Utility and Public Trail Easement," not a road easement. The owners of Lots 1, 2, 4 and 5 purchased their properties in reliance of the representations on the plat regardless of the original developer's (Jim Blanning) intention. In short, I believe the applicant should be required to provide conclusively that he has the right to use the easement as claimed prior to any approval. I would also point out that the mere fact that past assumptions made by P &Z or Council do not create easement rights; only the landowners can do that. 2. Width. A related issue is width. It is our position that, even if the applicant has a right to use the road (which we do not concede), such use is limited to the platted width of 15 feet. Accordingly, no downhill expansion of the easement will be permitted by my client. Further, I can think of no legal theory which would give the applicant the right to expand the easement to the detriment of my client. ® 0 Ms. Cindy Houben April 6, 1989 Page Two 3. Safety Considerations. It is our position that there are numerous safety considerations, most of which are addressed in the Planning Office memo, including avalanche hazard, soil stability and particularly potential drainage problems. It is our position that approval should not be granted until the P &Z and the neighbors have had a chance to review the specific mitigation plans. Granting an approval contingent upon supplying data at a later date is not appropriate. In summary, we submit that no 8040 approval should be granted until the applicant proves conclusively that he has the right to use the easement as he desires, and has adequately addressed the safety concerns set forth in the Planning Office memo. JTK:mw cc: I. G. Davis, Jr. very tr ly ours, John Thomas Kelly 0 LAW OFFICES OATES, HUGHES & KNEZEVICH PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE LEONARD M.OATES ASPEN, COLORADO 81611 ROBERT W. HUGHES RICHARD A. KNEZEVICH JOHN M. ELY April 19, 1989 Ms. Cindy Houben Staff Planner Aspen /Pitkin County Planning Office 130 South Galena Street Aspen, CO 81611 AREA CODE 303 TELEPHONE 920-1700 TELECOPIER 920-1121 f� APR 20. Re: Barker 8040 Green Line Review for Lot 3, Hoag Subdivision Dear Cindy: This firm represents Gary and Susan H. Rappaport who are the owners of Lot 5, Hoag Subdivision. The Rappaport property abuts Ute Avenue and they are presently in the process of constructing their residence thereon. It has recently come to their attention that there is an application for the development of Lot 3, Hoag Subdivision, which proposes the construction of a single- family residence and which intends to access the development by use of the area marked on the subdivision plat for ,the Hoag Subdivision as "Utility and Public Trail Easement" (the "Easement "). The Rappaports were very much aware of the existence of the Easement on their property at the time they purchased Lot 5, but they assumed, and rightfully so, that the designation meant what it said, i.e., that the Easement was an easement limited for utilities and public trail purposes. Their assumption was further fortified by the narrowness of the easement, 15 feet, and the obvious grade constraints associated with it. In short, it was and is'inconceivable that the "Utility and Public Trail Easement" would be used.for a vehicular road. My investigation has consisted of a review of the Hoag Subdivision Plat and certain historical materials, which I have been able to obtain relating to the Hoag Subdivision, the results of which investigation I wish to share with you. Those are: 1. The recorded subdivision plat for the Hoag Sub- division creates an odd - shaped parcel for Lot 3. You will please note that it contains a panhandle which falls off the lot to the east. I have determined that this panhandle was created solely for the purpose of allowing a portion of Lot 3 to abut property OATES, HUGHES & KNEZEVICH, P. C. Ms. Cindy Houben Staff Planner April 19, 1989 Page 2 then administered by the Department of Land Management (now by the USFS) on the assumption that a Special Use Permit could be obtained for access to Lot 3. In fact, numerous United States Forest Service permits have been obtained. However, the alignment thereof appears to attach not to the panhandle but rather to the Easement itself. 2. The plat itself does not dedicate the Utility and Public Trail Easement. We view the legal maneuvering and various self- serving statements of prior owners of Lot 3 and their counsel as merely bootstrapping. As you are aware, the Planning and Zoning Commission or the City of Aspen cannot by fiat deter- mine or constitute private property to be a public or private right of way. It is the position of the Rappaports that legally there is no vehicular access easement along the public utility and trail easement through their property and they will take whatever legal measures are necessary to prove their position. We would welcome the opportunity to review our legal position and conclusions with the City Attorney. 3. The width of the Easement at 15 feet is clearly inadequate. The Rappaports are unwilling to consider the grant- ing of any rights which would expand the Easement beyond that of its intended use as a utility and public trail easement. 4. There are numerous safety considerations with respect to the use of the road. How is it expected that a 15 —foot road would accommodate the likes of concrete and heavy earthmoving equipment and trucks? In addition to the above concerns, which are limited to access, we believe that the avalanche conditions which exist and which manifested themselves this past Winter on the property lying westerly of my clients' Lot 5 (including the Easement) demonstrate that it would be courting catastrophe to permit the development of Lot 3. The avalanche activity was of a magnitude that most certainly would have injured or killed anyone on the Easement. The Easement was enveloped by the slides. It is interesting to note that the avalanche study relating to the property deals with measures taken which will allow a structure to be built which will withstand the ravages of avalanche activity. While we understand that buildings can be designed for such purposes, the simple fact of the matter is that measures to 0 OATES, HUGHES & KNEZEVICH, P. C. Ms. Cindy Houben Staff Planner April 19, 1989 Page 3 protect people cannot. Your attention is called to the recent very comprehensive article which appeared in Contemporary Magazine, the Sunday supplement to the Denver Post, which dealt with this very issue. The article was written in response to the death of a child, one of three who were buried in an avalanche behind a condominium project in Mount Crested Butte. The essence of that story was that the land use authorities simply should not allow the construction of people- occupied facilities in avalanche areas. While it may be entirely possible to build a residence which will withstand the avalanche, will the humans in the yard or walking up the road be so durable? In summary, we assert that no 8040 Green Line approval should be granted to Mr. Barker for his proposed project until there is no question as to the access rights to Lot 3 and the safety concerns with respect to the development of the subject property have been answered. We submit that the applicant will be unable to satisfy you with respect to either issue. I would appreciate it if you could contact me to advise me as to the time and place of the next hearing on this matter. We understand that 8040 Green Line review does not require any public notice. Otherwise, we will have no knowledge thereof. Thank you for consideration of this letter. Very truly yours, OATES, HUGHES & KNEZEVICH, P.C. By: Leonard M. ates LMO /mw LTR3- Houben cc: Gary and Susan Rappaport • J. NICHOLAS MCGRATH, P.C. A Professional Corporation Attorneys At Law J. Nicholas McGrath' Michael C. Ireland May 2, 1989 Ms. Cindy Houben Aspen /Pitkin Planning Office 130 S. Galena Aspen, CO 81611 Dear Cindy: C 600 East Hopkins Avenue Suite 203 Aspen, Colorado 81611 Telephone (303) 925 -2612 Telecopier(303)925 -4402 I represent Jack Barker, owner of Lot 3, Hoag Subdivision. A contract purchaser of Mr. Barker is processing an 8040 application. It is my unde --standing that the owners of Lots 2 and 5, Hoag Subdivision, object to the application not on the merits of it, but rather because they assert Lot 3 has no access on an easement. This issue has been raised, addressed and resolved by the City on at least five occasions: 1. When the City approved the Hoag plat in 1971, it had to approve access on the existing easement because there is no other and because access is a requirement of a platted lot. Barker bought in reliance upon that approval and the plat. 2. A 1972 application for a 7 unit apartment (never built) on Lot 3 was approved. 3. The Virden 8040 approval for a house on Lot 3, never built, had as a predicate access on the easement. 4. Mr. Barker obtained an 8040 approval in 1985 for a driveway for Lot 3 in which the easement was discussed and access apparently resolved.- 5. Mr. Barker obtained an amended 8040 approval for the driveway after the Forest Service had denied a proposed different location on the specific ground that Lot 3 already had access along an JI existing BLM and Hoag Subdivision easement. I enclose a copy of a letter from Brook Peterson on Mr. Barker's behalf discussing the very same access issue. `Member, Colo. (1971), Calif. (1969), and D.C. (1966) bars r v � J. NICHOLAS MCGRATH, P.C. Ms. Cindy Houben May .2, 1989 Page 2 Mr. Barker has relied on these five City actions recognizing and approving access to Lot 3 on the existing Hoag Subdivision "utility and public trail easement." If the owners of Lots 2 and 5 object to the access, their remedy is to sue the owner of Lot 3 - -not to stop the City's normal processing of an 8040 application. The City, having passed upon t--.he access in approving the plat on five occasions, should deal with the 8040 application on the merits, grant it, and not indirectly assist landowners who have their own direct remedy. cc: Fred Gannett, Esq. Mr. Jack Barker j3:houb414.ltr Sincerely, J. NICHOLAS MCGRATH, P.C. ' 1 . By N IJI J. Nicholas McGrath MAY - 3 0 0 AREA CODE 303 TELEPHONE 920-1700 TELECOPIER 920 -1121 Cindy Houben Staff Planner 130 S. Galena St. Aspen, CO 81611 RE: 8040 Greenline Review - Lot 3, Hoag Subdivision Dear Cindy: I noted Nick McGrath's May 2, 1989 letter to you in review- ing the file on the Barker 8040 Greenline matter and the position of the Rappaports on this matter is simply that the City did not require proper dedication language relating to the access to Lot 3 does not serve to create, by implication, necessity or otherwise any road easement over what is clearly designated "Utility and Trail Easement ". Additionally, the legislative actions of the Planning and Zoning Commission and City Council which have occurred since 1972 do not, in law, serve to create any access easement where none existed. Indeed, to the contrary, we submit the following: 1. The only reason that the Hoag Subdivision was every approved was due to the fact that the original develop- er of the subdivision held a gun to the City's head, wherein he proposed to develop the Ute Cemetery as a lot. As a consequence, the City hurriedly approved the Hoag Subdivision. Otherwise, I believe it likely would never have been approved as platted. 2. The developer in the 1972 application recognized and understood that its access was by virtue of the panhandle portion of Lot 3 and not the "Utility and Road Easement ". At that time, that developer negotiated with all of the other lot owners within the subdivision to create an easement utilizing the "Util- ity and Trail Easement ". Documentation regarding such efforts still exists. The easement was never consum- mated. In short, Mr. Barker's reliance, whatever it may have been, is not sufficient to create an easement. The City of Aspen, in its land use processes, has an obligation to verify the existence LAW OFFICES OATES, HUGHES & KNEZEVICH PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE LEONARD M.OATES ASPEN, COLORADO 81611 ROBERT W. HUGHES RICHARD A. KNEZEVICH JOHN M. ELY May 12, 1989 AREA CODE 303 TELEPHONE 920-1700 TELECOPIER 920 -1121 Cindy Houben Staff Planner 130 S. Galena St. Aspen, CO 81611 RE: 8040 Greenline Review - Lot 3, Hoag Subdivision Dear Cindy: I noted Nick McGrath's May 2, 1989 letter to you in review- ing the file on the Barker 8040 Greenline matter and the position of the Rappaports on this matter is simply that the City did not require proper dedication language relating to the access to Lot 3 does not serve to create, by implication, necessity or otherwise any road easement over what is clearly designated "Utility and Trail Easement ". Additionally, the legislative actions of the Planning and Zoning Commission and City Council which have occurred since 1972 do not, in law, serve to create any access easement where none existed. Indeed, to the contrary, we submit the following: 1. The only reason that the Hoag Subdivision was every approved was due to the fact that the original develop- er of the subdivision held a gun to the City's head, wherein he proposed to develop the Ute Cemetery as a lot. As a consequence, the City hurriedly approved the Hoag Subdivision. Otherwise, I believe it likely would never have been approved as platted. 2. The developer in the 1972 application recognized and understood that its access was by virtue of the panhandle portion of Lot 3 and not the "Utility and Road Easement ". At that time, that developer negotiated with all of the other lot owners within the subdivision to create an easement utilizing the "Util- ity and Trail Easement ". Documentation regarding such efforts still exists. The easement was never consum- mated. In short, Mr. Barker's reliance, whatever it may have been, is not sufficient to create an easement. The City of Aspen, in its land use processes, has an obligation to verify the existence OAVES, HUGHES & KNEZEVICH, P. C. Cindy Houben May 12, 1989 Page 2 of adequate legal access and to ensure the property rights of adjacent property owners that are not physically otherwise encroached upon. Approval of the Barker application would clearly violate this basic rule which even this week you and the City's Engineering Department said you would impose on me in the case of another land use matter. Contrary to what Mr. McGrath asserts, if Mr. Barker's position that he has an easement, and that certainly is far from evidence from anything that has been shown, and contrary to what all of the evidence shows, then it is Mr. Barker who should have the burden of demonstrating or establishing the existence of an easement by virtue of a court action. Very truly yours, OATES, HUGHES & KNEZEVICH, P.C. By: '141 W ANK'9 G Le and M. Oates LMO:klm P.S. Cindy, We have been contacted by Robert W. Howard and Carol M. Howard, who are the owners of one of the condominium units situate on Lot 4, Hoag Subdivision. They have authorized us to proceed on their behalf in this matter and I would advise that they wholeheartedly support the position that the Rappaports have taken in this matter. cc: Mr. & Mrs. Gary Rappaport Mr. & Mrs. Howard MAY 5 (I,�__ - - -- - - LEONARD M. OATES ROBERT W. HUGHES RICHARD A. KNEZEVICH JOHN M. ELY LAW OFFICES OATES, HUGHES & KNEZEVICH PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE ASPEN, COLORADO 81611 May 12, 1989 Cindy Houben Aspen /Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 Re: Barker 8040 Review Dear Cindy: rr MAY 16 AREA CODE 303 TELEPHONE 920-1700 TELECOPIER 920-1121 I have read Mr. McGrath's letter of May 2, 1989, submitted to the Planning Office. Regarding the letter, I would like to state as follows: 1. We do not object to the application solely on the basis of the access issue. As I stated in Paragraph 3 of my letter, there are numerous other matters including drainage, revegetation, engineering concerns, and avalanche danger most of which are discussed in the planning memo. 2. While it may be that the City made certain as- sumptions regarding the access issue on several occasions, that fact alone does not grant Mr. Barker road access. He either has legal access, or he doesn't, and City approvals do not create access rights. The plat is clear. The road is clearly designat- ed "utility and public trail easement." My client relied on the representations on the plat, and this language was also approved by the City. Mr. Barker may have other access, but it is not via the existing road. Finally, I also dispute the assertion that our remedy should be to sue Mr. Barker rather than object to the 8040 application. The 8040 process was designed to protect the citizens of Aspen, including my client. It seems to me that this application raises many of the issues for which 8040 was enacted in the first place. Surely the applicant should have the burden OATES, HUGHES Sc KNEZEVICH, P. C. Cindy Houben May 12, 1989 Page 2 • proving conclusively that he has the right to use the road as a driveway prior to receiving City approval to change it. Very truly yours, OATES, HU ES KNEZEVICH, P.C. B Joh Kelly JTK /pjo cc: Jack Davis Fred Gannett 1.22 • May 18, 1989 ROBERT W. HOWARD 31 DANIEL COURT RIDGEWOOD, NEW JERSEY 07450 Ms. Cindy Houben Staff Planner Aspen /Pitkin County Planning Office 130 South Galena Street Aspen, CO 81611 MAY 2 2. Re: Barker 8040 Green Line Review for Lot 3, Hoag Subdivision Dear Ms. Houben: My wife and I would like to add our voices to those of Gary and Susan Rappaport and Mr I. G. Davis in objecting to permitting any vehicular traffic on the Utility and Public Trail Easement behind our property. The easement passes within a few feet of our home so any traffic on it would be very intrusive and dangerous. We have authorized Mr. Kenneth Oates to speak for us on the legal issues involved but I wanted to write to you directly to express our strongest possible objection to the development of Lot 3 and the use of the easement for anything other than its original purposes. Thank you very much for your consideration. Very truly yours, &e,v+ OQ&O" Robert W. Howard 1105A Ute Avenue Aspen, CO 81611 cc: Leonard M. Oates, Esq. 0 0 SUSAN H. RAPPAPORT 3940 WALDEN SHORES ROAD WAYZATA, MINNESOTA 55391 (612) 473 -3065 FAX # (612) 473 -5369 August 2, 1989 Leslie Lemont Aspen Planning Department 130 Galena Aspen, Co 81611 Dear Leslie, &a-0, My husband, Gary, and I are the owners of Lot 5, Hoags Addition, and we wish to voice our very strong objections to the proposal for the house on Lot 3. We understand that it is coming up for 8040 greenline review on August 8th, and we will be at that meeting, but I just wanted to write to you about some of the strongest objections: I. If the access road to the site is approved as is indicated on the most recent plans, we have some grave concerns about the road being able to withstand the enormous amount of construction traffic. To excavate alone would require at least 300 truck loads. The amount of concrete truckloads is also enormous. We have spoken to our contractor, Duane Stewart at JDM Construction, and he suggested that that much weight etc. could compromise our foundation as well as the foundations of the other homes along the road. That ski trail was not designed to accommodate heavy construction traffic! And any new road would have to be designed to accommodate all of that construction equipment. 2. Jim Gibberd indicated that a drainage ditch from the spar gulch drainage would probably be built along the road next year. How will that integrate into Mr. Zaluba's road ? 3. If Mr. Zaluba builds an entirely new road above the existing road, we believe that it will require major retaining walls, not to mention the physical and visual damage it will do to the mountain. 3. Additionally, we are concerned that if a vehicular access road is approvedz there will be many more proposals to develop the property, (ie the mining claims), along that face. Needless to say, we would oppose this. While we do not wish to deny anyone the right to build on their own property, the t difficulty of the site, the avalanche danger, the aesthetic considerations and the road access make it very hard to support this project. We would hope that you would not give approval of this project. Sinc r ly, LEONARD M. OATES ROBERT W. HUGHES RICHARD A. KNEZEVICH JOHN M. ELY OF COUNSEL: JOHN THOMAS KELLY 0 0 LAW OFFICES OATES, HUGHES & KNEZEVICH PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE ASPEN. COLORADO 81611 August 2, 198 Ms. Leslie Lamont Aspen /Pitkin Planning Office 130 S. Galena Aspen, CO 81611 AREA CODE 303 TELEPHONE 920.1700 TELECOPIER 920-1121 RE: Barker 8040 Greenline Review, Lot 3 Hoag Subdivision Dear Leslie: As you are aware this office represents I.G. Davis, Mr. and Mrs. Gary Rappaport, and Robert W. and Carol Howard all of whom are property owners on Ute Avenue and heavily impacted by the proposed development on Lot 3 Hoag Subdivision. We have reviewed the.latest plans supplied us by Mr. Zaluba, and our clients' position regarding the application is as follows: 1. Access. As you are aware, it is our position that the applicant Has no right to use the platted "Utility and Trail Easement." We do not believe that Mr. Zaluba, at least, disputes this. His solution, as we understand it, essentially is to widen the road uphill soley on his property, in order to avoid use of the trail. He proposes to place a split rail fence along his property line to segregate the trail from the vehicular access. We find this solution unsatisfactory-for two basic reasons. a. The plan will destroy the cross county ski use of the trail in winter. There does not appear to as any way that the vehicular access can be maintained as such without damaging and perhaps destroying the cross country trail as a result. Surely plowing will have to spill downhill on the "trail" portion of the road destroying its use as a cross country trail. It is also clear that the fence will in all likelihood, not survive the winter. Even last year, which was a light snow year, there were several slides which crossed the road and would have knocked down the fence. In short, the vehicular access is incompatible with trail use. We think, Bill Ness' memo sums up the incapability issue well when he says, "A consideration was proposed for a combined use alignment, where the trail would not be plowed. This runs the OATES, HUGHES 8C KNEZEVICH, P. C. Ms. Leslie Lamont August 2, 1989 Page 2 gamut of 'Dangerous' to 'Ridiculous.' Dangerous, by sending skiers downhill into oncoming traffic; Ridiculous, because the unplowed, packed snow is subjected to warming /freezing temperatures, which turns the whole path into wheel depth frozen ruts. The liability problems are self evident." b. De- Stabilization. The road as it presently exists may be further de- stabilized by the widening and particularly by the heavy truck traffic which will be necessary to move the earth from the large cuts made by both the road and particularly the building site. All of our clients' residences lay in close proximity to the road, and we are concerned about damage to foundations, landslides, and drainage problems. This road, widened or not, was never designed to handle that kind of heavy truck and equipment use. We have also reviewed the Zaluba plan in view of the specific standards for the 8040 Review criteria which are contained in Section 7- 503(c). Section 7- 503(c) states that no development shall be.permitted at, above, or 150 feet below the 8040 Greenline unless Planning and Zoning makes a finding that the standards contained in paragraphs 1 through 11 of Section 7- 503(c) have been satisfied. Even being generous to the plan, we feel the project does not comply with the following standards. a. Paragraph 1. The project is not suitable considering slope, ground stability, and avalanche dangers. b. Paragraph 4. Design and location of the proposed road or trail is not compatible with the terrain, and may, in fact, de- stabilize the slope. C. Paragraph 7. Building height and bulk are not minimized. This is a arge, three story structure in excess of 6,000 square feet, and it will not blend in with the open character of the mountain as the slope cut will, by necessity, be extensive. d. Paragraph 9 and 10. It is our position that adequate roads are not available nor can they be adequately maintained. As stated above, maintenance of the road in winter will severly damage or destroy the use of the ski access and nordic trail. • 0 GATES, H UGHES 8c KNEZEViCH, P. G. Ms. Leslie Lamont August 2, 1989 Page 3 In conclusion, it is our clients' view that this application should be denied. While there may be development which is appropriate for Lot 3 Hoag Subdivision, this proposal does not meet the required standards for 8040 approval. In fact, it appears to be just the type of development that Section 7 -503 was intended to restrict. Sincerely yours, OATES, HUGHES & KNEZEVICH, P.C. By ''' KIM J011h T. K&lly— - J JTK /klh JTK1.101 cc: Davises Howards Rappaports I tk 144 ATTACHMENT B 150 14C 13( 12 1E 13 12 150 am 30 'v -Al 16 00 cli. 150 am 30 'v -Al IJV 140 130 120 i 0 30 t0 1N IV - EXISTI G GRADE, TYPICAL 15-00 PROF OSED RETAIN iNG WALL rnrn in 30 t0 1N IV ATTACHMENT C W AnIc M O I az'll Al Ll --" / , \ \ \ / \ \ r O SNOW - AVALANCHE LOADING ANALYSIS LOG BUILDING, 1125 UTE AVENUE, ASPEN Prepared For Mr. Joe Zaluba Arthur I. Mears, P.E., Inc. Gunnison, Colorado May, 1989 1 OBJECTIVES AND LIMITATIONS This avalanche - loading analysis, which was requested by Mr. Joe Zaluba of Aspen, has the following objectives: a. Analysis of design - avalanche energy on the slope above the proposed building; b. Computation of design loads on the proposed structure; and C. Discussion of the avalanche risk. This study is site specific, therefore the avalanche loads provided here cannot be safely transferred to other locations. The terrain and avalanche conditions may differ significantly from one location to another. 2 DESIGN - AVALANCHE CONDITIONS The design avalanches considered in this analysis are of a magnitude (size and destructive energy) that must be considered in design and construction of a building located in the avalanche path. Avalanches above the building site will originate on a northeast - facing slope at approximately 8,700 feet elevation, will flow through the forest and stop near Ute Avenue, (Figure 1). The last significant avalanche at the building site occurred during a warm thaw period in March, 1989, but previous avalanches have also occurred at the site. The building will be located at approximately 8,100 feet elevation, therefore avalanches may fall 600 feet before impacting the site. Avalanches may.result from rapid snowpack warming (such as the 1989 avalanches), or from rapid deposits of dry cold snow during mid - winter storms. Both types of avalanche releases have occurred in the past, as determined by inspection of timber damage on the slopes near and above the building site. The design avalanche will accelerate to a maximum velocity of approximately-45 mph on the steep slopes above the building site and will decelerate to 33 mph at the building. As indicated by tree damage on the slope, avalanche flow depth will be approximately 6 feet and the avalanche may flow on a snowpack depth of approximately 3 feet. Avalanche energy and impact- loading calculations were based on a. Observed damage to trees that received previous impacts; and b. Avalanche- dynamics calculations, based on an impact velocity of 33 mph and a flow density of 6.2 lbs /ft . The analysis determined an impact load of 470 lbs /ft2 would result on a large, rigid, flat surface located at the uphill side of the building. This loading figure was based on the assumption that all of the avalanche momentum was deflected through 900 at the instant of impact. 3 AVALANCHE LOADS ON PROPOSED STRUCTURE The design - avalanche velocities and impact energies calculated were resolved into loads as shown on Figures 2 and 3. The magnitudes of these loads were based on architectural details provided me by Mr. Joe Zaluba in April, 1989. These details are reproduced in Figures 2 and 3. Any changes to these .plans may invalidate the loading criteria provided here. Two types of loads occur on the proposed house: 1) impact loads and 2) static loads as described below. Impact loads result when the avalanche is suddenly stopped by the building. They will increase quickly, loading the entire structure in approximately 1 second. Static loads result as avalanche debris is deposited against the uphill building wall and on the roof. If the avalanche occurs early in the winter, these static deposit loads may persist for at least several weeks until the deposit slowly melts in the spring. The impact loads may require special treatment in final structural engineering. Special structural - engineering details are beyond the scope of this analysis and are left for the final design stage of this project. The impact load of 470 lbs /ft2 (load Pl on Figures 2 and 3) may be reduced substantially if the vertical uphill surface is removed by building into the hill or by extending the roof until it intersects the uphill ground surface. 4 AVALANCHE HAZARD During the times when avalanches are most likely, persons will probably be inside within the specially- design building, and consequently will not be exposed to the hazard. Furthermore, design of the building discussed in this report. is especially good because the entrance area on the downhill side of the building will be protected. However, any construction within avalanche areas will increase the probability of an avalanche encounter because the number of people exposed will increase as 'a result of the development. This residual risk must be understood and accepted when development takes place in avalanche areas. The risk from 0 0 avalanches can be reduced even further if those who live within avalanche areas such as this one understand the avalanche hazard and heed all official avalanche warnings. Submitted by, Arthur I. Mears, P.E. Avalanche - control engineer \��•.i \ II II,Im x.11 �(�. \ Q �� (`. 9•'Op --% / '`, \..a It 980 l\ ) �• �� � \ � � \ \\ �' � / -- "-_9000 -.— �� , �i 'j IN 5 /` ` -�:� � c" At /o h •�t�� ' I � 1, �, +1 ' � �( -!; •r \ I t � \,( (�� . I _ t, ' ;' � I; i . .• i�^ \ I \' 1 F a \�r kI I Iowa .t1 1 I I 1� ! r 1 /{�ItI.' \l ♦III! I V. it �*, �• n r��' I� ,,,'' "� s wacker'� i -�.J adlo'halllu ^I ark Regcril -- dam' �fl, I ••�� •� Sp •ri I \ / \, r,T w r' Shalt \ • \ I. 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Avalanc* load magnitudes and directions, Zaluba Log House, P 5 Aspen, Colorado. / � F z- ffAST ELEVATION 11s i on AVALA Load P1 P2 P3 PS NOTE: Fin -* FIN Tep' To 4RP•C> E r NCHE LOAD MAGNITUDES Type Ma nitude Impact 470 lbs/ft2 Static 330 - 100 lbs/ft2 Impact 100 lbs/ft2 Impact 150 lbs/ft2 Avalanche loads should be added to all other loads usually considered here. FIGURE . Avalanc load magnitudes and dirctions, Za- ba Log House, Aspen, Colorado. rl T-------------- - - - -ru" W EST E L EYATIO N Zi GA LC 11841- It o" AVALANCHE LOAD MAGNITUDES Load . Type Magnitude P1 Impact 470 lbs/ft2 P4 Static 200 - 100.1bs/f t2 P3 Impact 100 .lbs/f t2 NOTE: Avalanche loads should be added to all other loads usually considered at this location. Z / o , f i ATTACHMENT E -� coo z m i i c z {� o \ r z � v N � (n "•;^ q 1p a m -r , -+ i'�/ � \ UA 1 7 J / / It m' Aspen Consolidated Sanitation District 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925 -3601 I JulV =5, 1989 Lesl7e Lamont Planning Office 1:30 S. Galena Aspen, CO 81611 Re: Barker 6040 GrG_nline Review Tele. (303) 925 -2537 D Le =_lie: Clue comments, which were submitted on the 6th of March, remain accurate. To date we have not heard from the applicant regarding the line extension which would be required. Sincerely, Bruce Matherly District Mana—r `; JUL • @A�e� a;' J"ae'w WAYNE L. VANDEMARK, FIRE MARSHAL TO: Leslie Lamont FROM: Wayne Vandemark, Fire Marshal RE: Barker 8040 Greenline Review DATE: June 15, 1989 420 E. HOPKINS STREET ASPEN, COLORADO 81611 (303) 925 -2690 JUN 1 5 This project is approximately five minutes from the Fire Department. The access roadway shall be 20 feet in width with an all weather driving surface per Uniform Fire Code. Consider- ation should be given for the installation of an automatic sprinkler system for the greatest degree in fire protection. MEMORANDUM TO: Joe Zal uba Leslie Lamont FROM: Bill Ness, Parks Superintendent DATE: July 24, 1989 RE: 1125 Ute Ave, Hoag Subdivision Lot *3 - Tree Removal Request The following proposals have been reviewed by the Parks Dept: 1) Proposed approximately 50 trees, 6" or over in diameter, to be removed for house location. 2) Proposed approximately 100 trees, 6" or over in diameter, to be removed for widening an additional 8' of personal driveway. These requests have been denied by the Parks Dept for the, following reasons, as defined by the City of Aspen Code: 1) Section 13 -76. Paragraph (d), No. (5). The number and kind of trees in the neighborhood, the contribution of the trees to the natural beauty of the area, and the effect of removal upon the property values in the area. 2) Section 13 -76. Paragraph (e). Requires that the owner either relocate or replace a tree or trees with comparable substitutes somewhere within the property lines of the site, or donate to the City of Aspen Parks Dept.. Comparable substitutes is defined as a tree or trees of equal size and value to the appraised value of that tree which is to be removed or relocated. Supplementary to these codes, there are many inherent problems with the proposed development of Lot *3, Hoag Subdivision, with respect to the Nordic Trail which already exists North of the proposed building site. Firstly, there is insufficient width to allow for both a safe ski trail and a driveway along the existing alignment. To widen this alignment to accommodate both ski trail and driveway, the hillside would have to be excavated 6300 sq. ft. (450' x 14}. This would provide proper alignment widths for both the trail and the driveway. This would require some function of retaining system, is. retaining wall or gabion wall and produce a 12' to 15' tall scar along 450' of the alignment. This would also eliminate approximately 100 or more pine trees, 6' or over in diameter. Mr. Zaluba's current excavation plan allows only a 6' wide ski trail, which is totally unacceptable, especially since this alignment runs along an inclined slope of 4% to 7X grade. Six feet is not enough room to negotiate skis safely on an incline of this slope. The excavation of this area and exorbitant tree removal serves only private access and not the public ski trail already in place. Secondly, if excavation were to proceed, a physical barrier would need to be set in place to separate skiers from traffic. This would further the excavations depth in addition to removing more trees. Thirdly, the City has purchased two Kassborher piston bullies, at $95,000 each, to groom the existing Nordic ski trails. In order for the piston bullies to be able to groom this alignment, even further excavation would be necessary. The City has also purchased many land easements to complete the base of Aspen Mountain Trail, thereby linking this trail across the south side of town. These investments will be jeopordized by the proposed alignment of the trail. A consideration was proposed for a combined use alignment, where the trail would not be plowed. This runs the gamut of 'Dangerous' to 'Ridiculous'. Dangerous, by sending skiers downhill into on coming traffic; Ridiculous, because the unplowed, packed snow is subjected to warming /freezing temperatures, which turns the whole path into wheel depth frozen ruts. The liability problems are self evident. Furthermore, besides the aforementioned trees lost by excavating his access, Mr. Zaluba has not agreed to relocate or replace the approximately 50 or more trees, of equal value, that will be destroyed by excavating the area where the house is to be built. L F' western heritage log homes, inC. C csha/llvAred 076 July 24, 1989 George Robinson Parks & Recreation Dept. City of Aspen 130 South Galena Aspen, Colorado 81611 REF: Review of Tree Removal - Hoag Sundivision Lot 3 Dear George: Thanks for taking the time to walk this site with me to determine the trees that will have to be.removed due to our proposed development. As I have not heard any further word from you, I will assume we have met the requirements of your department with regard to this matter. Please let me know if you should have any further questions concerning our proposed development. Sincerely, WESTERN HERITAGE LOG HaIES, INC. Jo^ ph S. Dual neral ilanager slie LipZoning c C P1 JUL 2 6 DENVER OFFICE ASPEN OFFICE 8899 William Cody Drive telex 7110 1111 405 JSZA 525 South Original Street Evergreen, Colorado 80439 USA Aspen, Colorado 81611 USA (303) 674 -1435 / FAX 674 -3855 (303) 925 -4600 1 MEMORANDUM TO: City Attorney City Engineer :_Aspen Water Department Aspen Consolidated Sanitation District Parks Department Fire Marshall U.S. Forest Service ' Leslie-Lamont Greenline Review RE: Barker 8040 DATE: June 12, 1989 the Planning Commission reviewed this On April 4, 1989, in order for the application and tabled r additional indefin application to P return your Please review this additional tion and comments no later than July 26th. 14U 1 1 4 t� I 0 IVY informs Thank you. aw ov 0 C MEMORANDUM TO: Leslie Lamont,'Planning Office i FROM: Jim Gibbard, Engineering Department iu DATE: August 3, 1989 RE: Barker 8040 Greenline Review Having reviewed the additional information submitted by the applicant and made a site visit, the Engineering Department has the following comments: 1. The applicant needs to follow the recommendations concerning planning and design for slope stability during the excavation of the proposed residence which were made in the reports by Chen - Northern of June 26, 19891 and August 1, 1989. The Engineering Department needs to review this planning and design before approval. 2. The driveway plan submitted by High Country Engineering does satisfactorily follow the recommendations of Chen - Northern in their report of July 31, 1989. However, the following should be considered before approval of this driveway proposal: a. The width of the area which exists within the trail and utility easement across lots 4 and 5 does not meet existing standards for trail width. We recommend that there be at least a 12 feet wide area to accommodate the trail. An easement needs to be granted by the applicant to accommodate this additional area for the trail. b. If the driveway and trail are to be in the same location, there is potential for a problem. The previous owner agreed to leave a snowpack on the driveway which would accommodate cross country skiers. Craig Ward of the Nordic Council indicated that this snowpack should be a minimum of 4 inches in depth. If this becomes a requirement, then some method of enforcement needs to be determined before approval. c. The submitted plan calls for widening the existing road so that the driveway can be located entirely on lot 3. To accommodate this widening, we recommend that the cut in the slope be reduced as much as possible by the placement of a vertical retaining wall that is tied into the bank. This will reduce the visual impact as well as the number of trees that will have to be removed. Attached is a cross section showing the bank at station # 16 as it exists now and also showing the proposed retaining structure so that it can be compared to the plan submitted by the applicant. d. The City is proposing to place a drainage culvert along this trail and utility easement and this will have to be accommodated. The applicant needs to make an agreement to this to the satisfaction of the Engineering Department. 3. The revegetation plan which has been submitted by the applicant for the building site is acceptable. 4. The drainage plan submitted by the applicant is not acceptable because it does not address the impact to the Forest Service property from the drainage along the proposed access road. jg /Barkerl cc: Chuck Roth low— LAW OFFICES GIDEON 1. KAUFMA4 ! ' A PROFESSIONAL CORPORATION`S TELEHONE BOX 10001 AREA CODE 303 GIDEON I. KAUFMAN 315 EAST HYMAN AVENUE. SUITE 305 925.8166 MARTHA C. PICKETT ASPEN, COLORADO 81611 TELEFAX 925 -1090 July 10, 1989 Ms. Leslie Lamont Aspen /Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Barker 8040 Review Application Dear Leslie: This letter is to formally request that a proposed driveway on the northeast border of the panhandle of Lot 3 be included in the pending 8040 Review Application. A drawing prepared by a licensed surveyor regarding the easement and the proposed driveway will be delivered to you by Joe Zaluba within the next few days. As you are aware, there has been some dispute between lot owners within the Hoag Subdivision as to whether the existing trail easement provides allowable access to the house site for Lot 3. Although several City approvals for Lot 3 have been granted based upon legal access being available over the trail easement, the owners of Lots 2, 4 and 5 dispute whether this is the case. Therefore, the Applicant is proposing a solution which we believe will resolve the issues for the City, the adjacent lot owners, and the owner of Lot 3. Please note that the as- built, existing trail does not lie within the originally dedicated trail easement, as shown on the Hoag Subdivision Final Plat. In fact, the trail straddles the lot line between Lot 3 and Lots 2, 4 and 5. After much discussion, and various site visits with City staff members, the Applicant now proposes to construct a driveway along the northeastern border of the Lot 3 panhandle which will, in effect, widen the existing "road ". At your suggestion, the Applicant is also proposing to install a fence on the property boundary which will effectively divide the driveway from the trail easement uses. This has been recommended for safety reasons, as well as separating the uses and the maintenance which corresponds to each use, including driveway snowplowing, and track setting for the trail easement. Although the Applicant will install the fence, it is our understanding that it will be maintained by the City and /or Nordic Council. �w 0 s Ms. Leslie Lamont July 10, 1989 Page 2 We believe that this proposal is a good solution. Although an access drive could be constructed anywhere within the Lot 3 panhandle, there exists a BLM easement which will not have to.be amended with the proposed driveway. Also, obviously the proposed driveway will cause the least destruction and cut - and -fill on the property, and be most appropriate for the 8040 review. We have submitted this proposal to the adjacent lot owners in the hopes that any possible disputes can be resolved prior to the Auaust 8 hearing. Also; at the request of the Parks Department, we will determine which trees will have to be removed with the road construction, and what mitigation measures will be taken. If you have any questions or comments, please do not hesitate to call me. Sincerely, LAW OFFICES OF GIDEON I. KAUFMAN, P.C., a Professional Corporation By 114rth C. Pickett MCP /bw cc: Joe Zaluba 7. GIDEON I. KAUFMAN MARTHA C. PICKETT • HAND - DELIVERED LAW OFFICES GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE, SUITE 305 ASPEN, COLORADO 81611 August 2, 1989 Ms. Leslie Lamont Aspen /Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 AUG 2 Re: Zaluba /Barker 8040 Review Application Lot 3, Hoag Subdivision Dear Leslie: TELEHONE AREA CODE 303 925-8166 TELEFAX 925-1090 Thank you for meeting with us yesterday to discuss the Lot 3 project. I believe the meeting was beneficial to everyone. After reviewing the meeting discussions, my client, Joe Zaluba, has come to the conclusion that we must try to achieve a co- existence of trail and vehicular use. It appears that we are in general agreement that the access driveway for the Lot 3 building site will require widening of the existing road in order that all twelve feet of the driveway will be on Lot 3. The other important fact that must be reiterated is that the existing easement between Barker and the City for trail use covers only that part of the trail on the upper part of Lot 3 (from Point A to Point B on the attached drawing). There is no easement granted for trail use on Lot 3 from Points B to C (Forest Service boundary). This means the trail traffic would be restricted to the portion of the existing trail that follows on the easement located on the back of Lots 2, 4 and 5, which is only about six to eight feet in width. Joe Zaluba proposes to help this trail situation with the following improvement proposal: 1. At the Applicant's expense, the existing trail will be widened to twelve feet, where practicable, from Points B to C. This will allow the City to use its piston bulley machines to groom the trail all the way from the west property line of Lot 3 to the Forest Service boundary. This work will be done in conjunction with the road widening to provide for the twelve foot access driveway on Lot 3. 2. At the Applicant's expense, a fence or hedge of bushes will be installed in the immediate area of the house to divide the vehicular and trail traffic into two separate areas. This proposal gives the City a much improved trail, and provides Lot 3 with its lawful driveway access. Obviously, all Ms. Leslie Lamont August 2, 1989 Page 2 of these improvements would be engineered by the Applicant, with the approval of the City Engineer. This commitment for the City trail improvement is expressly contingent upon approval of this alignment for the access driveway and trail by the Planning and Zoning Commission at its August 8, 1989 meeting. Your staff memo can best handle this recommendation by imposing acceptable conditions to insure proper engineering, as we have discussed, and to which the Applicant has agreed. Leslie, the Applicant is trying to make an honest effort to make this project acceptable to all concerned; however, he cannot continue in the approval process indefinitely. As discussed in yesterday's meeting, alternatives for the driveway higher on the Lot 3 panhandle have been thoroughly investigated, and previously denied by the City. Therefore, tabling of the project at this time to further review those alternatives is futile and unfair to the Applicant. The above proposal meets everyone's needs, and meets the criteria of the 8040 Green Line Review by requiring the least disruption to the land. Also, in reference to the letter from the Parks Department, the Applicant shall commit to replacing trees removed for purposes of constructing the house and access driveway, so long as the Applicant is allowed to accompany the Parks Department on a site visit to count the trees to be removed. We ask that you take this commitment into consideration in your recommendation to-Planning and Zoning. If you have any further comments or questions, or would like to discuss any of the above further, please do not hesitate to call me or Joe Zaluba. Sincerely, LAW OFFICES OF GIDEON I. KAUFMAN, P.C., a Professional Corporation By artha rO Pickett MCP /bw Enclosure cc: Joe Zaluba cc: Jack Barker cc: Brooke Peterson cc: Fred Gannett TO: FROM: RE: DATE: Dear Joe, • Joe Zaluba Leslie Lamont 8040 Greenline August 2, 1989 141 DI 4 Lei 14 pis) 4 and Jim Gibbard Review Per our August 1, 1,989 meeting we would like to reiterate what material and information remains outstanding. Although the Planning Department and the Engineering Department continue to prepare for the August 8 Planning and Zoning Commission hearing, it is vital that we receive this information soon. We are expecting: a) an approved design, from Chen Northern, for engineering of slope stability for both the road and residence; b) a study both graphically and technically of either a boulder type retaining wall or a vertical tied -back retaining wall (the latter was suggested by our assistant city engineer as a preferable alternative because the required bank cut would be smaller) for the road expansion effort; c) a proposal to use excavated fill to replace land that has sloughed off on thenortheast side of the roadway thus adding to the width of the trajil easement; d) any information you may have regarding past proposals for a separate upper road would be helpful,'% we am in the process of researching past proposals. This short list reflects items pertaining to the submitted proposal that are important for review and options that were discussed at our meeting August 1, 1989. cc: Marti Pickett Tom Baker June 1, 1989 Mr. Chuck Roth Assistant City Engineer City of Aspen 130 S. Galena Aspen, CO 81611 C RE: Hoag Subdivision, Lot 3 - Drainage Plan HCE Job No. 9014.001 Dear Chuck: Included with this letter are calculations and plans for drainage improvements related to the proposed residence on Lot 3 of the Hoag Subdivision. The proposed improvements are intended to limit the 100 -year peak flow from the developed site, to what the historic (undeveloped site) 100 -year peak flow was calculated to be. In addition, the effect of the proposed improvements on the ground water recharge was examined, and since the proposed improvements affect such a small portion of the lot, it appears that any effect on ground water in the area should be insignificant. If you have any questions or need additional information, please give me a call. Sincerely, HIGH COUNTRY ENGINEERING, INC. Timo by P. Beck, P.E. 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L'I T[ _ I.30 �l, o"T,S U�l�t -tom, 8 E R'� �-�-o t✓ t�o c.v S = r �-. 0.25 T tAE I .��YELoPE� �Go1 -i/ �JD,ea�P�1P�- ExisTi•�� FCa,�✓ fd �Io����Pr� 2.0 3 s S 3i. 1 ® ® I . z5 FT3 D.5 hr ,3laooseG SSG • In► � n h r �}�(S 5"�p �AcG, F �� LU �'►'` � Y�/D Lt L D L I M �7 71� E�4-k 1 coo EI4� 4 F :f 1 "T-E 754's lAr 7"'0 �'4AT � unl DEY� oPEO �E•4� ,��� -✓ 1-s�ou -P'-eFAK F--wvJ 1541 Ll> 1►'1 �k-TC �" l- r�l�� ✓ELoPEO TC -CAI= 4--uAP/. A SAN Z7 1-E" /z / o.5E' L) e y 1.✓Ez,c, o )e, -FW6 6' .aEEr 17�yW,5-LZ s , W,ouL,-q Y/G 5ur-r-tclG/VTa C-,O A&f> A-R-E -T Z) S TO (z A,\ 1il11z=1L 77aA T1 d,J iogp,s 7o2-fv, VoLLAVL4-G -' [O 7R -i�TDWA t�uIJbFF = 'f',z5cfiA-P21E �� •L .v, � -�-� ,�.. 33,�GY� ��ZJ -[�.! /��;ZX33�Gao =- 417D ICj3 12 �n Y4- Chen- Nororn, Inc. -- - - --,- •- ----- -- .... 5080 Road 154 �._.- Rtlt:nrs--- r..00r col •. Glenwood Springs, Colorado 81601 Boise Heleno 303/945 -7458 Casper Phoenix Fax: 303/945 -2363 Colorado Springs Pocateilc Denver Rock Spr ng$ Elko Salt Lake City Evanston San Antomo Gillette Tri Ciae.s Glenwood Springs YaKlma May 30, 1989 Subject: Geotechnical Evaluation of Slope Conditions, Driveway Widening to Lot 3, Hoag Subdivision, Aspen, Colorado. Job No. 4 275 89 Wrni:rrn N�ri hn�rr 1.n�► Flmm�r. Tri - , Attn: Joe Zaluba P.O. Box 9640 Aspen CO 81612 -9640 Gentlemen: Chen- Northern, Inc., has completed subsurface exploration and is in the prooca. of analyzing ztobilitY foi- wiucnill6 vi t,hc eA1,7L1W6 dri vpway to a nronogad residence at the subJect. site. One boring- was drilled at the uphill edge of the existing driveway below t:hw prorxonpri rPgi riPnrP 1 nn.at.inn and annt.hpr hnri nS uaa riri 1 1 pri i iph i 1 1 of .i•ha residence. The drilling indicates coarse granular soils to the maximum depth drilled of 30 feet. No free water was encountered. Development on the property appears feasible with appropriate engineering design and construction. Our analysis will include foundation design, -lope grading and retaining wall design criteria. The findings of our work will be presented in an engineering report. If you have any questions regarding the information provided or if we can be of further assistance, please let us know. SLP /ec Very truly yours, CHFN_NQRTHF.RN, TNT:. By .<� -�( iwU Steven L. Pawlak, P.E. A member of the HIH grGUp of companies ,t * T0TF-lL. Ri� 1.i E . 00 Chen- Norlrn, InC. 5080 Road 154 Billings Great Falls Glenwood Springs, Colorado 81601 Boise Helena 303/945 -7458 Casper Phoenix Fax: 303/945 -2363 Colorado Springs Pocatello Denver Rock Springs Elko Salt Lake City Evanston San Antonio Gillette Tri Cities Glenwood Springs Yakima May 26, 1989 Subject: Geotechnical Evaluation of Slope Conditions, Proposed Residence, Lot 3, Hoag Subdivision, Aspen, Colorado. Job No. 4 275 89 Western Heritage Log Homes, Inc. Attn: Joe Zaluba P.O. Box 9640 Aspen CO 81612 -9640 Gentlemen: Chen - Northern, Inc., has completed subsurface exploration and is in the process of analyzing slope stability conditions for development of a residence at the subject site. The drilling indicates coarse granular soils to the maximum depth drilled of 30 feet. No free water was encountered. Development on the property appears feasible with appropriate engineering_design —�anrl const action. 07r analysls wir Zlude fo undation design, slope grading and retaining wall design criteria. The findings of our work will be presented in an engineering report. If you have any questions regarding the information provided or if we can be of further assistance, please let us know. SLP /ec Very truly yours, CHEN- NORTHERN, INC. By -:;4 ,��� ., Steven L. Pawlak, P.E. A member of the HIH group of companies IVYIDQ63ZNIZI III Iu� TO: Aspen Planning and Zoning Commission FROM: Cindy M. Houben, Planning. Office RE: Barker -Hoag Subdivision Lot 3 8040 Greenline Review DATE: April 4, 1989 LOCATION: Hoag Subdivision, Lot 3 is located on the steep, forested hillside south of Ute Avenue, and just east of the Aspen Chance Subdivision. ZONING: C- Conservation. APPLICANT'S REQUEST: Jack Barker /Joe Zaluba requests permission to construct a single - family house. BACKGROUND: The Hoag Subdivision was approved by the City in 1971 to create five lots south of Ute Avenue. Lot 3 is the highest lot up the hill, on the steepest terrain, and subject to the greatest avalanche danger. The first 8040 Greenline Review for Lot 3 was the Virden 8040 Review, approved on July 20, 1976. A detached garage was to be located off the old railroad right -of -way, and the house was to placed with walk -up access only. A temporary construction road would be built, to be recovered and reseeded prior to the certificate of occupancy. As part of the Virden Review, an avalanche hazard study conducted by Hans Frintiger and Whitney Boland in 1976 was submitted. Three avalanche tracks were identified across the property. It was concluded that within the "wedge" of Douglas fur timber, where the Virden house was proposed and where the Barker building envelope is located, the probability of avalanche penetration was small. On October 7, 1985, the Barker Greenline Review was approved in conjunction with the Nordic Council Trail Greenline Review. The new access road, approximately 690 feet long, would go from Ute Avenue to the Hoag Subdivision Lot 3 building site, passing through Forest Service property, Lot 4 Hoag Subdivision and the Newfoundland Mining Claim. Barker needed a Forest Service Special Use Road Permit for construction of the driveway on its property. The Forest Service prepared an environmental assessment of Barker's proposal and on August 27, 1986 denied the request. On December 2, 1986, the Planning Commission approved a driveway access to the building envelope pursuant to a new design also approved by the USFS. The approval was made with the following conditions: 1. A geologic report of the avalanche hazards and hazard mitigation associated with the proposed driveway access shall be submitted for review by the Colorado Geological Survey. A copy of this report and the Colorado Geological Survey's evaluation shall be submitted to the Planning Office and Engineering Department. 2. More detailed information on the possibility of a retaining wall and revegetation plan shall be submitted to the Planning Office. 3. The applicant shall agree to allow the Nordic Council trail and summer trail use along the old right -of -way and trail easements in an arrangement compatible with the Nordic Council's trail system. 4. Applicable conditions from the October 7, 1985 Barker Greenline review approval shall be conditions of this approval. The conditions from the October 7, 1985 approval are as follows: 1. No construction of any structure on Lot 3 Hoag Subdivision shall be allowed until a development plan is given approval through a separate 8040 Greenline Review. 2. All access easements for the driveway shall be obtained and submitted in a form acceptable to the City Attorney prior to any clearing or construction of the driveway. 3. Approval from the USFS for access easements through Forest Service property shall be obtained. A copy of this-approval shall be submitted to the Planning Office prior to construction. 4. All excavated materials not used for "fill" from the driveway construction shall be removed along the entire length of the driveway. A similar measure for the building site shall be addressed by the applicant in the submittal for the development plan 8040 Greenline Review. 5. Revegetation of the cut and filled areas of the driveway shall be accomplished through the spreading of an appropriate seed mix, both uphill and downhill. 6. The driveway shall -be constructed cutting as few trees as possible and generally on the upslope of the driveway alignment. 7. A registered engineer shall address landslide and snow removal issues involved in the building and maintenance of the entire length of the driveway. A report shall be OAI submitted to the City Engineer's Office prior to construction of the driveway. A.report shall be submitted to the City Engineer's. Office prior to construction of the driveway. 8. A current assessment of the avalanche danger to the building site, prepared by a qualified avalanche expert shall be submitted as part of the site development Greenline Review application. 9. Fire mitigation measures shall be addressed in the site development Greenline Review application. 10. A drainage plan should be submitted as part of the site development 8040 Greenline Review. Condition #1 states that the house must be approved through a separate 8040 Greenline Review, this is the application before the Commission. REFERRAL COMMENTS: 1. Engineering: Having reviewed the above application and made a site visit, the Engineering Department has the following comments: 1. The applicant needs to submit a report done by a professional geotechnical engineer registered in the State of Colorado which will evaluate the site specific slope and ground stability conditions that will result from this development. The conclusions and recommendations in the report by Chen and Associates which were used in the driveway application do not address the conditions which will result from the present proposal. A registered geotechnical engineer is also recommended for construction management and inspection and a C.O. should not be issued without his sign off. 2. A revegetation plan which will detail mitigation of any disturbance to the terrain caused by this development must be submitted to the Engineering Department by the applicant. 3. The applicant needs to submit a drainage plan done by a registered engineer for the purpose of mitigating any impact by this development to any areas on adjacent properties. 4. The applicant needs to comply with the conditions which were required as a result of the P &Z review for the driveway on this development. The following information needs to be taken into consideration in the determination of the driveway - cross country ski trail compatibility: 3 0 E a. A letter submitted with the driveway application from Fred Barker agreeing to leave snowpack on the driveway to accommodate cross country skiing. b. A memo also submitted with the driveway application from Wayne Vandemark requiring a 20 foot width and an all weather surface on this driveway for emergency access. He indicated these requirements could be modified, if an automatic residential sprinkler system were installed in the building. 2. Water: No comments have been received. 3. Aspen Consolidated Sanitation District: A line extension is required to serve the property. 4. Board of Adjustment: At the scheduled meeting of the Board of Adjustment on March 23, 1989, we heard and granted a variance to applicant Jack Barker: Lot 3 Hoag Subdivision (Case #89 -6). We granted the front yard setback variance to more safely situate the structure in a denser stand of larger trees, out of the major avalanche path. In walking the road to the lot, there were substantial avalanche occurrences that crossed the road. Looking uphill I noticed major snow movement had occurred in trees the size and density similar to conditions on the subject property. While the Board felt a need to further mitigate the potential avalanche threat, it did not want to encumber the Planning Commission's role in their 8040 Greenline Review. The Board has asked me to write this memo to express our concerns and offer recommendations for your consideration. Under the direction of the Engineering Department we felt that a deflection barrier should be constructed uphill to direct any snow movement away from the structure and toward the main avalanche path. The protective barrier should be strong enough to withstand avalanche impact and deposition loads. Further, that there be a close monitoring and minimal removal of trees during construction. STAFF COPEMENTS: Several of the above listed conditions related specifically to the construction of the upper driveway. Conditions 1, 4, 7, 8, 9 and 10 relate to this approval. Condition #1: No construction of any structure on Lot 3 Hoag Subdivision shall be allowed until a development plan is given approval through a separate 8040 Greenline Review. Response: The applicant has submitted an application for review of a specific house design in a specific location within the 4 building envelope. The entire site appears from the site review to be subject to avalanche danger. In fact, an avalanche occurred this year on the portion of the site where the house is proposed. The attached avalanche report done by Arthur Mears indicates that "a building located here and intended for winter occupancy must be designed for avalanche impact and deposit loads ". However, construction of an "avalanche- proof" structure is feasible at this location." Mr. Mears, however, does note that final design criteria should be developed in conjunction with building plans and should include: 1. Specification of avalanche forces (resolved into mutually perpendicular directions); and 2. Determination of loading criteria (static or impact). The recommendations by Mr. Mears also include: 1. Avoid placement of permanent structures within the prominent west avalanche path. 2. Allow residential construction within the timber wedge and inside the building envelope as specified by Mr. Jack Barker during our field inspection on December 16, 1986 (see attached map). 3. Accept the avalanche risk on the driveway because this risk is small compared with others normally taken in winter travel. The applicant has addressed these issues through the placement of the building on the site. However, the applicant has not provided proof from an engineer that the "avalanche proof" house design has been accomplished. Condition #4: All excavated materials not used for "fill" from the driveway construction shall be removed along the entire length of the driveway. A similar measure for the building site shall be addressed by the applicant in the submittal for the development plan 8040 Greenline Review. Response: The applicant has stated that the fill from the construction of the structure will be removed from the site. Condition #7: A registered engineer shall address landslide and snow removal issues involved in the building and maintenance of the entire length of the driveway. A report shall be submitted to the City Engineer's Office prior to construction of the driveway. A report shall be submitted to the City Engineer's Office prior to construction of the driveway. u Response: Even though this was apparently handled prior to issuance of a building permit for the driveway, the Planning Office would like to point out that several small slides occurred along the access right -of -way which if not maintained will block access to the homesite. Condition #8: A current assessment of the avalanche danger to the building site, prepared by a qualified avalanche expert shall be submitted as part of the site development Greenline Review application. Response: (See response to Condition #1) . In addition, the applicant has verbally informed the Planning Office that Nick Lampiris is also assessing the site. Condition #9: Fire mitigation measures shall be addressed in the site development Greenline Review application. Response: The applicant has committed to a sprinkler system for fire protection of the house. This option is preferable to creating a larger road cut to allow emergency vehicle access to the site. Condition #10: A drainage plan should be submitted as part of the site development 8040 Greenline Review. Response: To date, this has not been submitted to the Planning Office or Engineering Department. The staff has the following comments with regard to the specific 8040 Greenline criteria section. 1. Criteria: The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the City. Response: It is obvious that the parcel contains significant avalanche danger and any approvals for this parcel must be based on sound engineering data that a structure can withstand the impacts of an avalanche. The avalanche reports which have been done for this site do not give the staff confidence that the occurrence and location of the avalanche danger can be predicted. The site review indicates that in fact an avalanche has occurred in the exact location which was presented. as the most safe for construction of the home. Additionally, the roadway which was approved in 1986 acted as a block for a significant portion of the avalanche debris. If the roadway had not been in place, the N. E avalanche would probably have traveled further down the slope carrying a greater amount of debris than reached the lower access roadway. 2. Criteria: The proposed development does not have a signi- ficant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects on water pollution. Response: The application states that the development shall minimize the drainage and runoff of. the existing site, however, no drainage plan has been submitted. 3. Criteria: The proposed development does not have a signi ficant adverse affect on the air quality in the City. Response: Gas fireplaces are proposed and no significant long term air quality impacts appear to be present with this proposal. 4. Criteria: The design and location of any proposed develop- ment, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. Response: The proposed driveway appears to be in the best location possible, since it reduces the area traveled on the access road and does not require that the largest avalanche path be crossed. However, a smaller avalanche has occurred in the proposed driveway location. 5. Criteria: Any grading will minimize, to the extent practi- cable, disturbance to the terrain, vegetation and natural land features. Response: The proposal minimizes the area to be disturbed. See attached grading plan. 6. Criteria: The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. Response: Only one house is proposed and as explained earlier, minimum use of the access road is proposed. The highest portion of the lot will remain undisturbed. 7. Criteria: Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. Response: The proposed development will be of minimal square footage and be constructed of 12" handcrafted and hand peeled lodgepole pine logs. The roof will be split cedar shakes and the building will be stained with a greyish brown semi transparent 7 stain to help the development "blend" into the mountain side. The height of the building will be within City Code requirements. 8. Criteria: Sufficient water pressure and other utilities are available to service the proposed development. Response: The applicant notes that utilities to the site were approved in 1986. The Aspen Consolidated Sanitation District notes that the applicant is required to hook onto their system. No response was received, to date, from the Water Department for this review. 9. Criteria: Adequate roads are available to serve the proposed development, and said roads can be properly maintained. 10. Criteria: Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. Response: The application states that access and maintenance agreements were approved in 1986. The Planning Office, however, questions the access along the existing right -of -way to the site. The plat for the Hoag Subdivision shows the access as merely a utility and trail easement. Prior to the meeting, the Planning Office will research the access issue in greater detail. According to the Planning Office files, it was determined in the 1986 review that the trail's utility easement did not preclude access since that is the only way to access the upper lots. The Planning Office, however, questions what agreements were reached between the owner of Lot 3 and the owners of Lots 4 and 5 along the access road. Fire protection will be by providing a sprinkler system in the house, removing any concerns about emergency vehicle access. 11. Criteria: 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: The application notes that trail easements and all agreements pertaining to road use have been approved and are attached. The Engineering Department, however, does not agree as evidenced by their comments above, #4 (a) and (b). It was the intention of the Planning Office that a construction permit for the road be issued only after all of the road related conditions were met. In general, the Planning Office acknowledges that development of the site is difficult at best.. The potential safety issues related to the avalanche hazards on the site are significant and no approval for development should be granted until the applicant has proven that the structure can be built to "avalanche proof" standards. In addition, the issues concerning the legal access to the site must be adequately addressed by the applicant. RECOMMENDATION: The Planning Office recommends tabling the Barker 8040 Greenline Review until the applicant submits information which adequately addresses the following concerns. J 1. The applicant shall submit a report done by a professional geotechnical engineer registered in the State of Colorado which will evaluate the site specific slope and ground stability conditions that will result from this development. The conclusions and recommendations in the report by Chen and Associates which were used in the driveway application do not address the conditions which will result from the present proposal. This report should be referred to the State Geologist for comment before this application is again reviewed by P &Z. A registered geotechnical engineer is also recommended for construction management and inspection and a C.O. should not be issued without his sign off. Q2. A site specific revegetation plan which will detail mitigation of any disturbance to the terrain caused by this development shall be submitted to the Planning Office and Engineering Department by the applicant. / �3. The applicant needs to submit a drainage plan done by a registered engineer for the purpose of mitigating any impact by this development to any areas on adjacent properties. 4. The applicant shall comply with the conditions which were � - required as a result of the P &Z review for the driveway on this development. The following- - information shall be taken int, consideration in the determination of the driveway - cross country ski trail compatibility: a. A letter submitted with the driveway application from C Fred Barker agreeing to leave snowpack on the driveway to ` accommodate cross country skiing',- 1 b. A memo also submitted with the driveway application r l from Wayne Vandemark requiring a 20 foot width and an all weather surface on this driveway for emergency access. He indicated these requirements could be modified, if an �j automatic residential sprinkler system were installed in the l� building. i 5. Proof of watery and sewer service to the site. �6 The applicant shall v e�ify proof of access to the site. 9 �� g • s 7. The applicant shall provide proof from an engineer that an adequate "avalanche proof" house design is being proposed for the site, including specific verification that final design criteria addresses the avalanche report done by Arthur Mears in 1987; more specifically the engineering report shall address the following: -sue Specification of avalanche forces (resolved into mutually perpendicular directions); and 2. Determination of loading criteria (static or impact). 8. The applicant shall specifically addressed that the fill from the construction of the structure will be removed from the n rsite. 09-/ Thei applicant shall verify that the proposed sprinkler sstem for fire protection will adequately address the concerns of the ,Fire Marshall-. -.-:, 10. The applicant shall work with the Engineering Fire Marshall to determine if the access drive is widened to me \.engineering and safety standards. CMH:das pzmemo.barker - 10 Department and required to b MEMORANDUM TO: Cindy Houben, Planning Office FROM: Jim Gibbard, Engineering Department DATE: March 20, 1989 RE: Barker 8040 Greenline Review Having reviewed the above application and made a site visit, the Engineering Department has the following comments: 1. The applicant needs to submit a report done by a professional geotechnical engineer registered in the State of Colorado which will evaluate the site specific slope and ground stability conditions that will result from this development. The con- clusions and recommendations in the report by Chen and Associates which were used in the driveway application do not address the conditions which will result from the present proposal. A registered geotechnical engineer is also recommended for construction management and inspection and a C.O. should not be issued without his sign off. 2. A revegetation plan which will detail mitigation of any disturbance to the terrain caused by this development must be submitted-to the Engineering Department by the applicant. 3. The applicant needs to submit a drainage plan done by a registered engineer for the purpose of mitigating any impact by this development to any areas on adjacent properties. 4. The applicant needs to comply with the conditions which were- required as a result of the P &Z review for the driveway on this development. The following information needs to be taken into consideration in the determination of the driveway - cross country ski trail compatibility: a. A letter submitted with the driveway application from Fred Barker agreeing to leave snowpack on the driveway to accommodate cross country skiing. b. A memo also submitted with the driveway application from Wayne Vandemark requiring a 20 foot width and an all weather surface on this driveway for emergency access. He indicated these require ments could be modified, if an automatic residential sprinkler system were installed in the building. jg /barker cc: Jay Hammond Chuck Roth 2 MEMORANDUM TO: Cindy Houben, Planning Office n FROM: Jim Gibbard, Engineering Department DATE: March 21, 1989 RE: Barker 8040 Greenline Review Addendum The above application needs to include a letter from Jim Markalu- nas of the Water Department confirming that there will -be sufficient.water pressure available for this development. jg /barkerl cc: Jay Hammond Chuck Roth 0 R Aspen (Yonsolidated Sanitation District 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925 -3601 March 6, 1989 Cindy Houben Planning Office 130 S. Galena Aspen, CO 81611 RE: Barker 8040 Greenline Review Dear Cindy: Tele. (303) 925 -2537 F � R N_ . ��__11 , L I don't have a copy of the discussion of utilities which was submitted and approved in 1986 regarding this project. It..-appears as though a line extension would be required to service this project. I'm enclosing the section of our regulations which deals with line extensions. All fees associated with connecting the project to the Districts collect- ion system are due prior to the time of connection. I would encourage the applicant to speak to Linda DeLost in our business office concerning the costs involved.. Sincerely, Bruce Matherly 'J District Manager enclosure cc: Joseph S. Zaluba Western Log Homes SECTION 5 LINE EXTENSION POLICIES 5.1 General. It shall be unlawful for any Person to construct a Sewer Main within the jurisdiction of the Board, without first having made formal written application to the Board for approval and having complied with all the regulations of the Board. -)No Sewer Main shall be constructed within the Board's jurisdiction. until final plans and specifications have been approved by the Board or its Engineer and written authorization to proceed has been obtained from the Board. No Service Lines shall be accepted by the Board or placed into operation unless they have been inspected and approved by the Board's authorized Inspector or En_a-ineer and written acceptance has been issued. No excavation shall be started until the required City, County, or State Street or Highway Permits have been obtained. All Sewer Main extensions shall be constructed according to the Board's specifications. Developers or landowners are required to furnish, without charge to the District, suitable Easements for District sewer construction. If land acquisition expense is incurred by the District, it shall be considered a portion of the construction contract and billed accordingly. All plans for development of Collection Sewer Systems shall be submitted to the Board, along with the application for service. The area covered by such plan shall be hereafter described as the "proposed service area." All plans for development of the collection sewer system will require a $1,000 plan review fee deposited in escrow with the District to cover the District's expense of having their engineer review and approve plans. The applicant will pay the additional due or be refunded the unused balance, if there is a balance remaining after review. 5.2 Procedure for Sewer Main Extension Construction. The following procedure shall be followed in any request for line extension submitted to the District: 5.2.1 Subdivision Sewer Main Extension Construction. Where the proposed service area in question is land upon which no substantial existing development has occurred, but is in the process of being platted, subdivided or developed, the preliminary plans for Collection Sewer Systems of the proposed -15- r E E service area shall be prepared by the District Engineer or by an engineer approved by the District of the Engineering layout and preliminary cost estimate, the landowner, Developer or subdivider shall enter into such a collection system agreement as the Board may authorize with the District covering the terms and conditions of such line extension. Upon approval of preliminary planning, the landowner, Developer or subdivider shall deposit with the District, in advance, with the District an amount equal to the estimated project cost,: so that the District may contract for construction of the line. The District will then have prepared detailed plans, contract documents, and advertise the contract for bids in accordance with applicable state law. If, upon bid opening, the deposit is not equal to- the bid of the lowest responsible bidder, additional monies shall be deposited by the landowner, Developer or subdivider to cover the deficiency. No work shall be awarded until the deposit has been made. Upon completion of the work, final costs shall be certified by the District Engineer and any overage shall be made up by the landowner, Developer or subdivider. MEMORANDUM TO: WELTON ANDERSON, Chairman - Planning & Zoning Commission FROM: REMO LAVAGNINO, Chairman -Aspen Board of Adjustment RE: BARKER: Lot 3 Hoag Subdivision -8040 Greenline Review DATE: March 28, 1989 At the scheduled meeting of the Board of Adjustment on March 23, 1989 we heard and granted a variance to applicant Jack Barker: Lot 3 Hoag Subdivision (Case #89 -6). We granted the front yard setback variance to more safely situate the structure in a denser stand of larger trees, out of the major avalanche path. In walking the road to the lot, there were substantial avalanche occurrences that crossed the road. Looking uphill I noticed major snow movement had occurred in trees the size and density similar to conditions on the subject property. While the Board felt a need to further mitigate the potential avalanche threat, it did not want to encumber the Planning Commission's role in their 8040 Greenline Review. The Board has asked me to write this memo to express our concerns and offer recommendations for your consideration. Under the direction of the Engineering Dept. we felt that a deflection barrier should be constructed uphill to direct any snow movement away from the structure and toward the main avalanche path. The protective barrier should be strong enough to withstand avalanche .impact and deposition loads. Further, that there be a close monitoring and minimal removal of trees during construction. cc: Cindy Houben, Planner i i j F i j r AVALANCHE HAZARD AMALYS 1 S, BARKER PROPERTY, ASPEN, COLORADO s PREPARED FOR MR. JACK BARKER Arthur I. Clears, P-E., Inc. Gunnison, Colorado January, 1987 r 1 ARTHUR 1. MEARS, P.E., INC. Natural Hazards Consultants 222 Fast Gothic Ave. Gun 6m. Colorado 81230 303 - 641 -3236 January 15, 1987 Mr. Jack Barker P.O. Box 3379 Aspen, CO 81611 Dear Mr. Barker: The attached avalanche- analysis has been completed in accordance with our discussions in Aspen last month. The report consists of two parts: (1) text, and (2) map. The map is being sent in a separate package. Please contact me if you have any questions. AM: lc Encl. Sincerely, Li 1 1. Arthur I. Mears, P.E. "— Wasting anehet • Avalanche Con(rol Engineering INTRODUCTION This analysis of avalanche hazard was requested by Mr. Jack Barker of Aspen and has the following objectives: 1. site inspection.of avalanche terrain; 2. analysis of avalanche characteristics and risk; 3. review of previous work; 4. recommendations. The report is site specific, thus the results and recommendations cannot be extended to other locations. AVALANCHE CONDITIONS Avalanches affecting the Barker property in Sec. 18, T. 10 S., R. 84 W., City of Aspen, originate on the northeast - facing slope of Bell Mountain. Avalanche starting zones are located immediately below promin- ent cliffs at approximately 8,800 feet elevation, as much as 1000 feet above the valley floor. The starting zones, or areas in which unstable snow accumulates, are small, steep, and generally discontinuous. There- fore, avalanches will usually be small and unlikely to reach the Barker property. However, major avalanches can occur in response to exceptional weather and /or snowpack conditions at any time during the November - April snow season. Major avalanches are known to have deposited debris on the old railroad grade in 1964, 1973, and 1974. The largest and most frequent avalanches occur in the approximately 50 -yard wide open slope on the western edge of the property, which is also the site of the avalanches that are known to have reached the railroad grade. A ski trail and the proposed access driveway to the Barker property cross the lower portion of this path. -2- The slope immediately east of the prominent path supports a thick, triangular wedge of Douglas fir with interspersed aspen. This stand of I trees, which is the proposed site of the new home, shows no sign of avalanche damage for the life of the forest (approximately 80 years). ISite inspection showed some damage to aspen within the forest, but this was apparently caused by an unusually heavy early June snowstorm in 1984. l This storm produced similar widespread damage throughout central Colorado. The avalanche conditions at this site were discussed in a detailed report to Steve Crowley and Thomas D. McAuley which was authored in 1973 '1 by Whitney H. Borland and Hans Frutiger. In my opinion, the Borland/ I, Frutiger report was a thorough and accurate appraisal of the avalanche conditions at this site. The present study discusses in greater detail the nature of the risk involved in building 'I g within the potential avalanche area. PROPOSED DEVELOPMENT AND AVALANCHE HAZARD Discussions and a site inspection with Mr. Jack Barker provided detailed information about the layout of the proposed development. The development layout and building envelope is shown on the attached map. The development is subject to avalanche hazard of 2 types: 1. hazard on the access driveway that crosses the open avalanche path discussed above; and 2. hazard to the house, which will be built approximately 50 feet east of the prominent avalanche path, within the timber wedge. Because hazards "1" and "2" differ significantly, they are discussed separately below. The access driveway is clearly within the boundaries of the main western avalanche path. Both upper and lower legs of the proposed l a -3- i �i driveway have been overrun 3 times during the past 22 years, (in 1964, 1973, and 1974), as noted above. Smaller avalanches may have also reached the - driveway alignment, but gone undetected. Although firm data on avalanche frequency is not available, an average frequency (at the drive- way) of 3 -5 years seems reasonable, based on vegetation damage and the sporadic and discontinuous historical record. j. Overall risk is based on avalanche frequency and the proposed use of i driveway. If we assume an exposure time (to the avalanche) of 1 minute per trip and 10 trips per day on the driveway, total daily exposure is j 10 minutes (out of 1,440 minutes per day), or 0.7% of the time. If the avalanche occurs once in every 3 years on the average, the joint proba- bility, P, that an avalanche will reach someone while he is traveling j the driveway is computed P = (3) (10/1440) = 0.23% per year. This calculation assumes random avalanche occurrence and random driveway use. In other words, the prevailing avalanche and /or weather conditions will have no influence on the use of the driveway. YFrom the standpoint of risk assessment, this 0.23% annual probability I should be compared with other risks that are commonly accepted. For example, daily travel during unstable avalanche conditions is common on Loveland, Berthoud, and Red Mountain passes each of which is crossed by numerous avalanches every year. Some of these avalanches occur more often than once per year. Depending on the route taken through Colorado, the avalanche hazard encountered on a trip to Aspen may exceed the risk in ascending the driveway. 1' • • ME In contrast, avalanche exposure of the house is less tolerable because we must assume it will be occupied continuously, especially during severe weather and avalanche conditions. Although the building envelope is approximately 50 feet inside the timber wedge (east of the avalanche path), it probably is exposed to avalanches of exceptional volume because these will spread laterally as they descend and enter the undisturbed forest. As a rough estimate, the building site could be reached by avalanches with return periods of 50 -100 years (1 -2% annual ! probability). A building located here and intended for winter occupancy fmust be designed for avalanche impact and deposition loads. Final design criteria-should be developed in conjunction with building plans and should include: 1. Specification of avalanche forces (resolved into mutually perpendicular directions); and 2. Determination of loading criteria (static or impact). None of these design parameters can be specified at present because details of building size, shape, and orientation strongly control the details of interaction with the structure. However, experience at many 4 avalanche sites in North America and Europe indicates that construction of an "avalanche- proof" structure is feasible at this location. ! RECOMMENDATIONS The following recommendations consider the avalanche characteristics and relative hazard as discussed above. 1. Avoid placement of permanent structures within the prominent west avalanche path. 2. Allow residential construction within the timber wedge and inside the building envelope as specified by Mr. Jack Barker during our field inspection on December 16, 1986 (see attached map). :i -5- 3. Accept the avalanche risk on the driveway because this risk is small compared with others normally taken in winter travel. r Although the avalanche risk is small when compared to the risk accepted at many mountain sites (e.g., Vail, Juneau, Ketchum, Alta), .ti the potential hazard should-be carefully discussed with and understood I by future developers or owners of the site. They may reduce the risk i even further through learning about the nature and timing of avalanches. i I Chen &Assocs Consulting Geotechnical Engineers I i r; Jack Barker 0. Box 3379 s;nen, CO 81612 i Ie-r Mr. Barker: 5080 Road 154 Glenwood Springs, CO 81601 303/945 -7458 Colorado Springs Denver Fort Collins Rock Springs Salt Lake City San Antonio December 17, 1986 Subject: Comments Regarding Cut Slope Stability, Proposed Residence Driveway, Lot 3, Hoag Subdivision, Aspen, Colorado. Job No. 4 443 86 This report presents the findings of a site reconnaissance to D± Sin information regarding cut slope stability along the - oposed driveway alignment. The reconnaissance was made on ember 8 when there was at least 1 foot of snow depth on the 1'. Comments regarding the grading for the proposed driveway e presented in this report. , The work was performed according to our proposal to Mr. Jack �t---er dated June 28, 1985. At Mr. Barker's request our recon- issance was limited to the grading aspects 'd rstand that hazards relating go snowao a vala"ncheroe ctbeing a uated by others. c-osed Construction: Lot 3 of the Hoag Subdivision is located r ctly above the abandoned railroad grade and borders the 1001 aim property directly to the west. The driveway alignment is onosed to begin at the railroad grade, climb along the existing 'e Trail at a grade of about 15% to 18% and switch back to the s'„ at a grade of about 4% to 8 %. The driveway is planned to be gut 15 feet wide and have a total length of about 700 feet. �J design information was provided to us in plan and cross :lion drawings by Integrated Engineering Consultants, dated :obey 28, 1986. The cross sections indicate road construction Pitting on the uphill side and filling on the downhill side. t e Conditions: The property lies near the toe of Aspen Mor,;n- n on the southern edge of the Roaring Fork Valley, The site t-2avily wooded terrain that is steeply sloping down to the _: at a typical grade of 2 horizontal to 1 vertical, Eleva- n difference between the upper and lower segments of the t -sed driveway is about 70 feet. J F,WAPMWV ?fsF'ff1fC`� 'zy\3a�i Mr. Jack Barker December 17, 1986 Page 2 Along the northern part of the lot, the Ute Trail, a pedes- trian ski trail, has been constructed mainly by cutting into the hillside. The trail width is about 6 to 8 feet. The cut slope banks are very steep and no indications of large slope movements were observed. We understand that the trail has been constructed in_the last year or two. The property is thickly vegetated, mainly with evergreens. Uphill of the western part of the property is a relatively small open area which is a snow avalanche track. The avalanche runout area is on Lot 2 below the site. The ent }re property lies within a potential avalanche zone (Mears, 1979) and may be in an area of potential.debris flows. Discussion and Recommendations: Existing shallow cuts along the railroad grade and Ute Trail have been made at very steep slopes. The soils exposed in the cuts consist mainly of collu- vial deposits composed of angular rock fragments in a clayey sand matrix. The rock fragments typically range to cobble and small boulder size. The soils on the mountainside appear to be fairly well drained and hold the very steep cut slopes with limited slope movement when seepage is not present. Considering the soil conditions exposed at the site, constructing cut slopes at a grade of 1 horizontal to 1 vertical as proposed appears feasible provided the cut depths are limited to about 5 feet and are protected against erosion. Fill sections constructed on the downhill side of the road will tend to be less stable than the cut slopes and should be constructed at a flatter grade and /or be limited in height. We suggest a maximum fill slope grade of 1 112 horizontal to 1 vertical and a maximum height of 5 feet. Constructing the fill will be difficult due to the steep terrain. We recommend that the fill sections be benched into the natural slope after the topsoil and vegetation have been removed. The fill should be compacted in relatively horizontal of lifts to a minimum 9576 maximum standard Proctor density. Narrow sliver fills should not be constructed. -Instead, the road alignment should be shifted or a retaining wall constructed. Collecting and diverting surface runoff will be an important aspect to the cut -and fill slope stability. The natural heavy vegetation should be maintained as much as practical. Concen- trated surface runoff should not discharge onto steep unprotected slopes. It may be feasible to collect the surface runoff in a ditch along the uphill side of the road and discharge the water 1 Mears A.I. 1979, "Colorado Snow - Avalanche Area Studies and Guidelines for Avalanche- Hazard Planning: Colorado Geological Survey Special Publication No. 7". Chen &Associates Mr. Jack Barker "December 17, 1986 Page 3 at control points. A civil engineer should design the drainage system. The areas disturbed by the grading operation should be revegetated or protected by other means to prevent erosion. This should include areas upslope and downslope of the roadway alignment. Localized slumping and raveling of the steep cut slopes should be expected. This will require regular maintenance so that the roadside ditch is not clogged. Temporary seepage during spring runoff conditions may contribute most to the ditch main- tenance problems. If seepage is encountered during or after construction or if significant slope failures occur, a geotech- nical engineer should be contacted immediately to evaluate Possible remedial action. The conclusions and recommendations submitted in this report are based upon the data obtained from our site reconnaissance and the proposed development plans. Variable site and soil condi- tions may be encountered during construction. We recommend a geotechnical engineer review the design drawings and perform observation and testing of the grading operations. If you have any questions or if we can be of further assis- tance, please let us know. L. V Z ,I* v4s.., � c� : Q4:1 15222 At SLP /ec Rev. By: R. m. Chen &Associates Very truly yours, CHEN & ASSOCIATES, INC. Bya� ;(. Steven L. Pawlak, P.E. a� ♦ t' \ O �1 \ 0 1 a '.IT`f COUNCIL G�EGRT \F \CA \! A.PROVeo a. lP_oAY OeC2%i�: »., c .awc.� oET ��" r ^N� — 9oV A. ACC Ie T[O FO0. FIL1M4 IN TNt P.�t1N COrwTY CLLRT.`RtGOROGR �i %����,`' `\ ` ' `\ tt4R Rtco4 R 5g 974 0. PL.tT DooK _� Pn Gt - nt GGPTaer uYM9tR �♦ CO,�..O , �tiOw,\4. . / 133.219 0 < 1 - - -- J' �\90oDE i i / .�.�.�• ,4D 9 �F O .e1 LEGENDS NOTES J C\ BRASS CAP h01: FOU1.T B.LMI°S� e CITV m N. -RED CAPVEO vav E. O LOT COR SC1-u0 SRF -R .i /'�•ge1G E: a -I),. Gn✓ Ri,R,uC APE <NVE rw %'r O ct q S(,t_ b c� IVlS ion J JAMES C. BLANNING JR. S%ZUATEO IiNTRE NN:q SECI8,TI0S,RSAW C-P" SY SURVEY ENGINEERS MCORPORAT" P.O.SOX 2SO4. ALPE N�COt0 AA00 W.06 ao'OO'w 492.74 _ g.L M. TO G1TY Oi PSPfN FOe - RCEESS PND m N e 's -` -- CU, - oE- snc _ 15'UTILLTY . ..... :30 Fy LOT 3, HO^G 5UOD1V1510N 1. ET. 7!K f. ISI-f e, -P/O-n c / �p bT t HOA44 SUBCM510N Ztl-R f CAP! L J. ql COMIS op BE-116! E 1�1 I L Lmmi-ma \NF- -1 ELEYATION (7 6 A t, C 118.4 - I1 C, .. /�1NI5+k GAAV C4DM C RF Tal N ( N(; WAIL ff�5T ELEVATION (,,A L S FIN.-FL4z- 80-73110 - — -- ------- FIN. FL.IZ, &06-z' 71Z:PS lb 4RAOE Nor 4AooQ w Exic,-nN c. GRAD F- J - APR ASPEN WATER DEPARTMENT TO: Cindy Houben FROM: Jim Markalunas SUBJECT: Barker 8040 Greenline Review DATE: ' 2 -22 -89 In respect to w ter availability for the tract, the applicant may, if he elects, connect to the existing water system located in Ute Ave. However, since this tract does not abut the public right of way, we will require the applicant to install a meter pit and shut -off valve adjacent to the public right -of -way, on, or near, the utility easement. Since the location of the residence is above the 8040 elevation, the Water Dept. will not guarantee adequate water pressure, and it is our recommendation that the applicant be required to install a pressure booster pump of sufficient capacity to maintain a minimum pressure of 40 psi on the top floor of the residence. We have no further recommendations to make pertaining to this application. Water will be available upon application of, and. payment of all necessary tap fees. MEMORANDUM TO: WELTON ANDERSON, Chairman - Planning & Zoning Commission FROM: REMO LAVAGNINO, Chairman -Aspen Board of Adjustment RE: BARKER: Lot 3 Hoag Subdivision -8040 Greenline Review DATE: March 28, 1989 At -the scheduled meeting of the Board of Adjustment on .March 23, 1989 we heard and granted a variance to applicant Jack Barker: Lot 3 Hoag Subdivision (Case #89 -6). We granted the front yard setback variance to more safely situate the structure in a denser stand of larger trees, out of the major avalanche path. In walking the road to the lot, there were substantial avalanche occurrences that crossed the road. Looking uphill I noticed major snow movement had occurred in trees the size and density similar to conditions on the subject property. While the Board felt a need to further mitigate the potential avalanche threat, it did not want to encumber the Planning Commission's role in their 8040 Greenline Review. The Board has asked me to write this memo to express our concerns and offer recommendations for your consideration. Under the direction of the Engineering Dept. we felt that a deflection barrier should be constructed uphill to direct any snow movement away from the structure and toward the main avalanche path. The protective barrier should be strong enough to withstand avalanche impact and deposition loads. Further, that there be a close monitoring and minimal removal of trees during construction. cc: Cindy Houben, Planner ' / lorn 67 LD Jm ' GRADI-NG PLAN » � '' 't 0 MSIDlute);1.1U01 lul 0 TO: Bill Drueding, City Zoning Official FROM: Cindy Houben, Planner RE: Barker ;Lot 3 of the Hoag Subdivision DATE: March 23,1988 The Planning Office has received an application for an 8040 review for a environmentally sensitive area specifically located on Lot 3 of the Hoag subdivision. The Applicants consulted with the Planning Office prior to submission and were directed to the Board of adjustment for consideration of a variance from the required front yard setback. The Lot is a substandard size lot located in the conservation zone district which requires a minimum of 100 feet for the front yard setback. You will notice from the attached site plan thatthe lot is very step and is constrained by environmental hazards such as an avalanche path and by public utility and trail easements. In light of these hazards the Planning Office feels that the applicant has established perhaps the best siting for a house on this parcel. As proposed the house would be within 25 feet of the front lot line and approximately 8 feet from the existing trail easement. Allowing the house to be established in this location would reduce the requirement for a driveway to cut into the hillside. The driveway already exists but potentially a portion of the driveway could be reclaimed as a requirement of the 8040 review. The Planning Commission has the final authority to grant or deny 8040 Greenline review. The Planning Office is only a recommending body to the Planning Commission in this review which is scheduled for April 4,1989. ch.bill L _ \3 ti 607o j 012, v E -r c� \ _ 90 oe S \ \ 130 \ W ISO tH'•, � \ ;,�•�:;.t•.;:t:v:;;:•.�,•F•..:. ,•. '�%;t�'�:: 25 SET .� - - . 1p p .\ � r '\ ." ;•;{' }.�,`k;.� ? }; •�+'s:• .t•'t?x;.• `to.� {:3s,o�'�#F�.it�,s,'a.;. a}�. \. \ ( }�n. Vii. ? {i {,if'r..•...•• .'t s.:,:...: •t�,Tt {,;].v � >: \ Sol o AN AL-A-CHE PATH -AKrN t -801"1 DATED �At�UAR( i_, 1981. N o 00 I DI V, CQ 00 TO: Barker 1986 Greenline Review File FROM: Steve Burstein RE: August 31, 1987 Meeting with Jack Barker DATE: August 31, 1987 Jack and I discussed the memoranda from Wayne Vandemark and Chuck Roth dated August 25 and August 20, 1987 respectively. The following matters were covered: 1. Jack clarified the distance of the rock wall along the bottom of the driveway, as drawn on the plans received July 24, 1987. Revegetation will be accomplished according to plans prior to completion of the driveway this year. Jack plans to build the driveway this season. 2. It was agreed that the driveway would go into the building envelope a short distance (approximately midway) but not to the property line as shown on the July 24 plans. Further development within the building envelope is subject to the 8040 review of the structure. 3. Jack agreed to follow up with the Fire Marshal to obtain approval for the substandard driveway (width and surface), making commitments for fire protection apparati to be located within the building envelope to the satisfaction of the Fire Marshal. 4. Jack agreed to comply with the Engineering Department's recommendation that a geotechnical engineer (a) prepare final blueprints for construction, (b) provide letter certifying that plans are correctly prepared, and (c) perform construction management and inspection. Final blueprints and letter will be presented to the Engineering Office before construction com- mences. cc: Chuck Roth, Engineering Department Wayne Vandemark, Fire Marshal Jack Barker LAW OFFICES BROOKE A. PETERSON Wr 2 2 _%6 A PROFESSIONAL CORPORATION 315 EAST HYMAN AVENUE ASPEN. COLORADO 81611 (303) 925-8166 October 21, 1986 HAND DELIVERED Mr. Steven Burstein 130 South Galena Street Aspen, Colorado 81611 Re: Barker 8040 Greenline Permit Amendment Dear Steve, In response to your question regarding the language on the Plat of the Hoag Subdivision, I have again reviewed that document which is recorded in Plat Book 4 at Page 218 of the records of Pitkin County, Colorado. In addition, I have reviewed the City of Aspen's records regarding this subdivision. In examining the Plat, it is clear that the only access to Lot 3 is along what is listed as a "public trail and utility easement" through Bureau of. Land Management property. In reviewing the Planning and Zoning Commission minutes of June 1, 1971 regarding the Subdivision approval, I note that" the Planning and Zoning Commission was concerned about the access question and Mr. Blanning's (the developer) reply was that he had provided for "multiple use" of the easement. It is also clear from the City of Aspen's file that the City Engineer, Charles R. Gilkey, at the time of subdivision, required Mr. Blanning to prove that he had access across the Bureau of Land Management property and on the railroad right of way prior to his approval of the Plat. From the records it is clear that Mr. Blanning clearly had to satisfy Mr. Gilkey in order to be granted subdivision approval. J, In fact, all of the minutes of the review boards which refer to the Hoag Subdivision address the issue of access, those minutes indicate that the Planning and Zoning Commission and the City Council mandated that access be established prior to final approval of the subdivision. The June 1, 1971 minutes also - indicate that the Planning and _Zoning Commission, after review of the correspondence from the Bureau of Land Management, approved the access to Lot 3. One can only conclude that this conclusion by.the reviewing authorities, coupled with the Forest Service's position as successor to the Bureau of Land Manage- ment, that access is already afforded along the existing road to 00C27 Mr. Steven Burstein October 21, 1986 Page Two Lot 3, would lay to rest any questions regarding the use of the existing road as an access road to Lot 3, regardless of the language on the Plat. In fact, as .noted in the minutes, Mr. Bartel's concern as the planner in charge of the subdivision in 1971 was only that the use of the access road for a trail be specifically mentioned on the Plat, so that the public use could not be questioned. Lastly, the City records reflect that in 1972, when a different applicant proposed to construct a seven (7) unit apartment building on Lot 3, the Planning and Zoning Commission again discussed access and that the Plat for the Hoag Sub- division showed access "on the railroad right of way, and across BLM land," and that it needed to be widened in order to accom- modate the seven (7) unit apartment building. Once again, the access question was raised and dealt with. I would hope that this review of past history would clarify the use of the existing road for access to Lot 3, as well as the question of the role of the U.S. Forest Service as successor to the Bureau of Land Management, which, by their adverse ruling of our request, reaffirmed that access exists across its property for the use and benefit of the owners of Lot 3, Hoag Subdivision. Please advise me if you have any further questions. Yours very truly, ARPOro EessJnaA COrpor)tion By: BAP: k1 cc: Jack Barker ri)bkgl A. Ptfitets/on ® Recordeo. �1 n clock M 0 BOOK 557 PAGE�29 F�2cept�on No { SILVIA DAVIS PITKIN COUNTY RECORDER EASEMENT AGREEMENT! THIS AGREEMENT,made this day of faRVp'�`L', 1988, by and between JACK BARKER (hereinafter referred to as "Barker "), and the CITY OF ASPEN'(hereinafter referred to as "City"). W I T N E S S E T H WHEREAS, Barker is the owner of certain real property commonly known as Lot 3, Hoag Subdivision, City of Aspen, County of Pitkin, State of Colorado; and WHEREAS, Barker is also the holder of Special Use Permit which affects certain property owned by the United States Forest Service; and WHEREAS, the City is desirous of obtaining an easement across Barker's property and,, the right -to use the United States Forest Service property for the P Y purpose of constructing a recreational trail; and WHEREAS, Barker is desirous of granting an easement across his property and allowing the use of the United States Forest Service property upon the terms and conditions contained herein, NOW THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, and in consideration of the mutual covenants contained herein, the parties agree as follows: 1_. Easement. Barker hereby grants to the City, its successors and assigns forever, the following described perpetual and non - exclusive trail easement and right -of -way, for multi - recreational use, .:including but not limited to, cross country. skiing, hiking, bicycling, equestrian and other uses, over that property described as Driveway and Trail Easement in Exhibit A, attached hereto and incorporated herein by this reference, and he hereby grants to the City the right to utilize certain real property which is'_. -owned by the United States Forest Service, which Barker has the right to use pursuant to a Special Use Permit. The property to be burdened by the easement and the property owned by the United States Forest Service shall collect- ively be referred to hereafter,as the "Property ". 2. Use. The use of the Property shall include, but not be limited to, the setting and maintenance of cross country skiing tracks by mechanized equipment or by hand, as well as the construction and placement of information trail markers. The City shall, at its. own expense and cost, install such gates, bridges or other improvements as are necessary for the use and mainten- ance of the trail located on the Property and for the passage of track setting equipment in the winter. No construction shall'be performed upon the Property except as is necessary to accommodate the purposes of this grant and except with the permission of BOOK 557 PAGE73 Barker. The Property hereaftez'm= }�e_used by any person gaining access through authorized access points or trail heads estab- lished-and.-maintained-by the City.,---Any use of snowmobiles, except for those minimally utilized by the City, shall be prohibited. 3. Maintenance. The maintenance of the Property, and all facilities located thereon, shall be done solely at the expense of the City. Anything to the contrary contained herein notwith- standing, any damage caused due to negligence of any person who uses or has used the Property pursuant to the authority of the City shall berthe responsibility of-the City.. .4. No Easement for Access. Nothing contained herein shall be construed to grant :as easement:-across any other property owned by Barker in order for individuals to gain access to the Property. The City shall provide and maintain reasonable access and trail head points in order to minimize the opportunities for entering or leaving the Property. 5. ..Indemnity and Insurance. The City shall hold Barker harmless and indemnify him against any and all claims, liability, loss, expense, damages or causes of actions including all legal fees, for damages arising after the commencement =:of the term hereof and any...order, decrees or judgments which maybe entered therein, brought for damages or alleged damages resulting from injury to person or property or the loss of life sustained in or about the Property, and from any damage or injury of any kind to Barker's Property, or for any matter or thing growing out of the use or occupation of the Property, or any part thereof, or possession occasioned by the City, its agents, employees or assigns, respectively, or which may be occasioned by any person or thing whatsoever or which may be caused by the operations of the City or any of its agents, in the construction of any improvements on the Property. It Is the intention and agreement that Barker shall not be liable for any personal injuries or damage to any persons to persons utilizing the Property, however, nothing described herein shall excuse, reduce, release Barker from negligent,. recklessness or deliberate acts, claims, expen- ses, damages, or causes of action, including legal fees by himself, agents, employees or assigns which result in claims against the City or Barker. The City shall maintain adequate liability and property damage insurance covering the Property and evidence of the same shall be furnished to Barker. 6. No Interference. I The exercise of the rights granted herein by either party shall not unreasonably interfere with the use of the properties burdened hereby. 7. Construction. The rule of strict construction does not apply to this grant. This grant shall be given a reasonable construction so that the intention of the parties to confer a mutually usable right of enjoyment on each other is carried out. 8. Notices. All notices, demands and communications Bou 557 PAC-r 731 required. ,..hereunder.,..shall be- ;served. or given to. the respective party, its_ respect; ve _;address:, ,_as._ set below or as other.- wise designated. _in.the manner set. forth herein. 'All notice, demand or communication shall be.. given by personal service, or certified mail, return receipt requested with first class postage pre -paid thereon, and unless sooner, received three (3) days after the date of.. :- :certification. The address of the parties hereto are Jack Barker Post Office Box 3379 Aspen, Colorado 81612 City.Manager City of .Aspen 130 South Galena Street Aspen, Colorado 81611 9. Assignment. This Agreement shall not be assignable in whole or in part, without written consent of the other party, which consent.shall be unreasonably withheld. 10. Attorneys Fees.. Should any party hereunder be required to- resort to legal or euitable- process for the enforcement of any of the provisions of. this Agreement, the prevailing party shall be entitled to collect from the other party all of Nits reasonable_- ,attorneys fees,. expenses and costs. Jurisdiction 'for any legal proceeding shall .be within the District Court, Pitkin County, Colorado. 11. Running of Benefits and Burdens. All provisions. of the instrument, including the benefits and burdens, run with the lands owned by the parties herein which are affected hereby, ,and are binding upon and inure to the assigns and successors of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. CITY OF AS EN � '.. BARKER By STATE OF COLORADO ) pp :ss �OfiTF� .PITKIN ) � �Q�}e•egoing document was ack owledge a sworn to before m�,f day of /�B��S' , 988, A BARKER 41•F ' fZX till e i BOOK 557 PAGE 732 STATE OF C.O.LORA -DO_ :ss COUNTY OF P_ITKIN The foregoing documt was acknowledged and sworn efore me this ''t- day of .�j 1988, as City of Aspen. No ary Pub 1i �. � L , r w Unit .d State■ Department or Agriculture Forest Service SPECIAL USE PERMIT Act ofR Oc�. 21, 1976 M 94 -57918 f. FSM X733. Sandor W. Shapery a. RECORD NO. (1 -2) b. REGION 0­0 % 0 d. DISTRICT (7.2) •. USER NO. (4.12) Aspen 0 1 5 _� J s q. STATE (16 -17) Ih, COUNTY (18 -20) CID Q Pitkin 0_ 2 Z c. FOREST (5 -6) L. f. KIND OF USE 1,1.15) 7 3 k. CARD NO. (21) of 8008 Girard Ave, Suite 410 (Name► (Address) La Jolla, CA 92037 (hereafter called thepermittee) is hereby authorized to use National Forest lands for the construction, reconstruction, maintenance, and use of a road within the white River. _ National Forest for the protection, administration, management and utilization of lands and the resources thereof now or hereafter owned or controlled by the permittee. -this permit is subject to the general provisions listed herein and to the soe:cial clauses and recuirements, items 7 through —17 page(s) 2 through 4 attached hereto and made a part of this permit. This permit covers a right of way .04 miles in length, 20 feet in width andconteining approximately .10 acres, and located upon the ground according to the survey line, figures, measure- ments, widths, and other references shown on the plat attached hereto and made.a part hereof.- 1 " =50' mau Permit class D dated 1/77 D.M4l GENERAL PROVISIONS 1. This permit is subject to all valid rights existing on this date. 2. The permittee in exercising the privileges granted by this permit shall comply with all opplic:bl.e State and Federal laws, Executive Orders, and Federal rules and regulations. 3. The permittee shell cut only such timber as necessary in clearing for road construction, rec--nstruc- tion, and maintenance. Timber so cut shall, unless otherwise agreed to, be cut into logs of lengths speci- fied by the Forest Service, and decked along the road for disposal by the Forest Service. 4. The permittee shall do everything reasonably within his power to prevent forest fires, and will not dispose of material by burning in open fires during the closed season established by law or reeulction without a written permit from the Forest Service. 5. The permittee shall fully repair all damcge, other than ordinary wear end tear, to Nationcl F3re!:t roads and trails caused by the permittee in exercise of the privileges granted by this permit. b. No member of or Delegate to Conaress or Resident Commissioner. shall be admitted to any sillare or part of this agreement or to any benefit that may arise herefrom unless it is made.with a corporation for its general benefit. tI iZT,XcctYOCx:rrf Jil e;F.7�yi ❑Ra:ixEv�t t:t.>,t;:EiArc:�Ztg; {zjSlrL`.;* ��ixcx THIS PERMIT IS ACCEPTED SUBJECT TO ALL OF ITS TERMS AND CONDITIONS NAME OF PERMITTEE SIGNATURE OF AUTHORIZED OFFICER I DATE PERMITTEE ISSUING OFF iCEJ Sandor W. SI NA3Akj ANDAfGNALV [tichard G. "J' TITLE TITLE Forest SuDerlri ,or OArE /.Z.7, :PO 039.477 Jt" (V t - 2700-15 111 /:21 Sandor W. Shapery 2 7. Fee Clause, Roads In consideration -for this use, the permittee shall pay the Forest Ser- vice, U.S. Department of Agriculture, the sum of two hundred dollars ($200.00), for the period from January 1, 1984 to December 31, 1984, and thereafter annually on January 1, two hundred dollars ($200.00): Provided, however, That charges for this use may be made or readjusted whenever necessary to place the charges on a basis commensurate with the value of use authorized by this permit. 8. Service Charge A late payment charge, in addition to the regular fees, shall be made for failure to meet the fee payment due date or any of the dates specified for submission of statements required for fee calculation. The late payment charge shall be $25, or an amount calculated by applying the current rate prescribed by Treasury Fiscal Requirements Manual bulletins to the overdue amount for each 30 —day period, or fraction thereof, that the payment is overdue, whichever is greater. If the due date falls on a nonworkday, the late payment charge shall not apply until the end of the next :workday. 9. Termination. Class D Permits This permit is issued for use of the entire tract and provides for limited private access to SE!4 of Section 18, T.10S.I R.8414., 6th P.M. within the 1,1hite River National Forest for the enjoyment of the owner thereof, his invitees and guests, 'and so long as the property is devoted to its present use. This permit does not authorize additional access to portions of the described property which may be transferred to others; it is not assignable and shall terminate .upon any change in the title, possession or nature of the use of all or any portion of the said prop- erty. However, a new permit may be granted in accordance with the then — existing laws and regulations if this permit should be terminated for any of these causes. 10. Erosion Control The permittee shall be responsible for the prevention and control of soil. erosion and gullying on lands covered by this permit and adjacent thereto, resulting from the construction or maintenance of the authorized use. lie shall so construct and maintain his improvements to avoid the accumulation of excessive heads of water and to avoid encroachment on streams. Ile shall revegetate all ground where the soil has been exposed and shall construct and maintain terracing, water bars, lead —off ditches, or other preventative works than may be required to prevent and control erosion as prescribed by the District Ranger. o Sandor W. Shapery 16. Permit Termination 4 Unless sooner terminated or revoked, this permit shall expire and become void on December 31, 1993, but a new permit to occupy and use the same National Forest land may be granted provided the permittee shall have notified the Forest Supervisor not less than six (6) months prior to said date that a new permit is desired, and the permittee is willing that his future occupancy of the premises shall be subject to such conditions and stipulations as existing or prospective circumstances may warrant and if, in the opinion of the issuing officer or his successor, issuance of a permit is .desirable and in the public interest. 17. Superseded Permit This permit supersedes a special use permit designated: Blue Sky Corpor- ation, Access Road BLM #C- 25089, 10/12/77. Illy 0 ri GI n I (1) c 71 n O I M at G At a-•3_ eA , IN / .: '• ,; u` I /X Zia• M,, 'raj i.l 1Y zc Ij v Flo Ol IR . . - .3-x:8. � 1 '} •� • I � � .,. ...;: I • �F 2 lb- Ul to to A IIN, gr. Az 'I �4 Oil, 1A eA , IN / .: '• ,; u` I /X Zia• M,, 'raj i.l 1Y zc Ij v Flo Ol IR . . - .3-x:8. � 1 '} •� • I � � .,. ...;: I • FEE DETERMINATION Shapery Road Sec. 18- T10S -R84W Aspen District The 3.00+ acres that is accessed by this road was valued at $84,500 in June 1977. Assuming an appreciation of 15% per year.through 1980 when the economic slowdown occurred the property would be valued at $120,000 or $40,000 per acre. Therefore, the fee 'would .be. determined as follows: 5% X 0.10 acre X $40,000 = $200.00 4 JOHN ?) . NEPP Lands & Mineral Staff November 1983 MUM&.= Recorded 4126 Y.N. Aug. 23,1978 Loretta Banner Recorder Reception/ a1senravta •a T.i; C- ,25089 -RV United States Department of the Interior co- 94609) BUREAU OF LAND MANAGEMENT ,T y.. Ld CO1011A00 RTAT[ OPIIr,[ Room 700 CO1011AU0 STAT, DANK aU1l O1NG 1{00 DMOAOW AT ' itt�.d 206,1456 C[N \IA CiJi..14Ar np ry! Certified Nail August 2, 1978 Amendatory Decision Blue Sky Corp. �q'.'' 626.W. Francis 1' "Yn "'' ' Aspen, CO 81611 it I. Rental Determined .iynt -of -Way Grant Amended By decision dated October 12, 1977, Blue Sky Corporation was granted right- of-woy C -25089 for an access road across certain public lands In Pitkin County, Colorado. The right- of-way was granted with a $25 advance rental deposit, subject to a formal appraisal, which has now been completed. Fair market rental for the right -of -way has been determined to be $25 for the five -year period beginning October 12, 1977, and ending October 11, 1982. Accordingly, Item "H" on page 10 "Details of Grant," of the decision dated October 12, 1977, is hereby amended to read as follows: 111. loquired Fair Market $25 for each 5 -year ` Value Payment period for the term of the grant." ?ern and Condition No. 17 on page 4, of the grant document dated ;'It,i,:r October 12, 1977, is deletud•i„ its entirety and replaced with the h •: ''i following language: 1117. Payment, in advance, at 5 -year intervals, of the fair warket value of the rightroi -gray as specified in item "H ", "Dstails'of Grant ". failure to pay said amount in a timely manner results in summary termination of this grant without an administrative proceeding. The bureau of Land Management reserves the right to review the fair m value dutc.rainatiun at ze+. +onabl«t intervals, and to arket adjust it in accordance with regulatlonpand procedures in effect at that time, if necessary to insure the payment of full air market value of the right- of-way to the United States." All other terms, conditions and stipulations of the grant dated October 12, amended by the decision data/ October 21, 1977, remain to full force and effect. �6 +; Sew Er erg r sad Yoe Ssrvs merkal yrw,errviIraamne�e1 . aeARt6Cls°.A���IileirlY�,Iti►B+ � , , It 1. ti .. Because the right -of -way was granted with a 825 deposit, no additional payment is required for the first five -year period of the tors of the `' grant. However, rental charges are subject to periodic revits under existing regulations. The grantee has the right of appeal to the Board of Land Appeals, Office of the Secretary, in accordance with the regulations in 43 cn, ?art 4, J Subpart E. However, if an appeal is to be taken, the notice of appeal must be filed in the Colorado State Office, 700 Colorado State Bank Building, 1600 Broadway, Denver, Colorado 80202 (not with the Board), within thirty Lays from receipt of this decision] so that the case file can be transmitted to the Board. To avoid summary dismissal of the .l.. appeal, there must be strict compliance with the regulations. r f' I n i Y,11, &P�CO •,! 5y Enclosure cc: DM, Grand Junction (140) `yt�tt, i•�' �.I�r it d • r' ! i l�15�1.1', ��i is •rr ' Rodney A."Aoberts, Leader Canon City -Grand Junction Team Branch of Adjudication ATPAQiMENr 1 IAND USE APPLICATION FUM 1) Project Name Single family residence 2) Project Location 1125 Ute Avenue -Lot 3 Hoag Bbd; v; �; nn - City ty of A,, Pn situated in the NW? , SPrti nn 1 Q IWep y nc' RADLE 5zAW Ca:th M (indicate street address, lot & block number, legal description where appropriate) 3) Present Zoning C 4) Lot size 3 acres - 133,219 s. f. 5) Applicant's Name, Address & Phone � _ Joseph S. Zaluba, Western Heritage Log Homes, Inc. 525 South Original Street, Aspen, Colorado 81611. 925 -4600 or 5-4(36 6) Representative's Name, Address ss & Phone # SAME Lot Split/int Line Adjustment 8) Description . of EZsting Uses (n dx r and type . of - edsting stns; approadmate sq. ft.; aanber of bedrooms; any previous' approvals granted to the Ply) - VACANT LAND 9) Description of Development Application Proposal to construct a handhewn log home - single family 10) Hffp you attached the follaairW. PkMaxilse to Attadnumit 2, Miniram Siftnissi,on Cpl$ Response to Attactmazit 3, Specific Sj* mission Cots RespoaLSe to Attacimmnt 4, Review Standards for Your Applunti m 7) Type of Application (please check all that apply): Conditional Use Coaxal SPA OonoeptZial. Historic Dev. Special Review Final SPA Final Historic Dev. XX 8040 Greenline Conceptual PUD Minor Historic Dev. Stream Margin Final FM Historic Demolition Mountain n View Plane Subdivision . Historic Designation Cpndcmi,riim+i zatian `Imtt/Map: Amendment CN,Z6 Allotment Lot Split/int Line Adjustment 8) Description . of EZsting Uses (n dx r and type . of - edsting stns; approadmate sq. ft.; aanber of bedrooms; any previous' approvals granted to the Ply) - VACANT LAND 9) Description of Development Application Proposal to construct a handhewn log home - single family 10) Hffp you attached the follaairW. PkMaxilse to Attadnumit 2, Miniram Siftnissi,on Cpl$ Response to Attactmazit 3, Specific Sj* mission Cots RespoaLSe to Attacimmnt 4, Review Standards for Your Applunti m 8040 Greenline Application Joseph S. Zaluba - Western Heritage Log Homes, Inc. ATTACHMENT 2 1. Applicant's Name Joseph S. Zaluba Western Heritage Log Homes, Inc. 525 South Original Street Aspen, Colorado 81611 925 -4600 925 -4662 See attached authorization letter by Jack Barker. 2. Street address of Parcel: 1125 Ute Avenue Aspen, Colorado 81611 aka Lot 3, Hoag Subdivision Pitkin County, a portion of the NWT, Section 18, Township 10S Range 84W, of , the 6th MI. 3. See attached current title insurance policy dated 1/3/89. 4. See attached vicinity map. 5. The proposed development is a single family residence to be located on a legally created lot within the City Limits of Aspen.The location of.the proposed development on the site minimizes the visual impact of the development from Ute Avenue as well as the danger from the recognized avalanche situation. Real Estate • Rentals • Property Management February 7, 1989 Planning and Zoning Office ATTN: Cindy Houben 130 S. Galena Aspen, CO 81611 RE: Lot 3, Hoag Subdivision Dear Cindy: Please be advised that Joseph Zaluba is authorized to file and represent me for the application of the 8040 review process. Also, please be advised that Joseph Zaluba is authorized by me to file for an appeal for front yard set back variance. If you have any questions or need further information, please don't hesitate to contact me. Thank you for your cooperation. Respectfully yours, f Jack Barker Owner Lot 3, Hoag Subdivison JB:bll Aspen Office • 720 East Hyman, Aspen, Colorado 81611 • (303) 925 -1400 • FAX (303) 925 -2895 Snowmass Office • Box 6450, Snowmass Village, Colorado 81615 • (303) 923 -4700 • FAX (303) 923 -4198 la4tu ersTide y Insurance @r Oration NATIONAL HEADOUARTERS RICHMOND, VIRGINIA i COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective date: 01/03/89 AT 8:00 / A.M. Case No. PCT -3043 2. Policy or policies to be issued: (a)ALTA Owner's Policy -Form B -1970 Amount $ 265,000.00 (Rev. 10 -17 -70 & 10- 17 -84) or 10/21/87 Premium $ 880.50 PROPOSED INSURED: WESTERN HERITAGE LOG HOMES, INC. (b)ALTA Loan Policy, Amount $ (REV. 10- 21 -87) Premium $ PROPOSED INSURED: (c)Alta Loan Construction Policy, 1975 Amount $ (Rev. 10- 17 -84) Premium $ PROPOSED INSURED: Tax Cert. $ 10.00 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- JACK BARKER 4. The land referred to in this Commitment is described as follows: LOT 3, HOAG SUBDIVISION, COUNTY OF PITKIN, STATE OF COLORADO t� Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A -PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 303- 925 -1766_ Provisions and Schedules A and B are attached. Authorized officer or agent F 100 Litho In U.S.A. 100-0041/2 ta4tu ers T de y . Insurance Coiporafion NATIONAL HEADQUARTERS r RICHMOND, VIRGINIA SCHEDULE B- 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. Deed from : Jack Barker To : Western Heritage Log Homes, Inc. M 2. Release by the Public Trustee of; 9' Deed of Trust from : Hoag -3- Venture, A Joint Venture To the Public Trustee of the County of Pitkin ' For the use of : Little Annie Limited Partnership To secure : $62,000.00 Dated : February 14, 1979 Recorded : February 15, 1979 in Book 363 at Page 435 Reception.No. : 211941 ,Ice 3. Correction Deed; From : Hoag -3- Venture, A Colorado Joint Venture To : Hoag Investment Associates, Ltd., A Colorado Limited Partnership NOTE: The above is necessary to show evidence to the Company that the Real Estate Transfer Tax as- established by Ordinance No. 20 (Series of 1979) has been paid or exempted; as not evidenced by Deed recorded in Book 387 at Page 422. 4. Certificate of Nonforeign Status of Individual Transferor signed by Jack Barker. 5. Evidence'Satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) has been paid or exempted. 6. Certificate from the Homeowners Association evidencing the fact that all fees and expenses currently due and payable have been paid in full and are not delinquent. 7. Certificate from the Secretary of State or other appropriate office of , showing that Western Heritage Log Homes, Inc., is a duly organized and existing corporation under the laws of Continued 100 Litho In U.S.A. aw ers itle y jnsurance Crporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA NOTE: Pitkin County Title, Inc., reserves the right to make additional requirements and /or exceptions as deemed necessary. This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. too Litho In U.S.A. •100- 0041/2 Schedule B- Section 1 PQ.2 Commitment No.PCT -3043 Ua4u)yersliue InguMfice Coiporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA 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 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, and 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. Reservations and exceptions as contained in United States Patent recorded August 26, 1949 in Book 175 at Page 229 as follows: Right of Way for Ditches or canals constructed by the authority of the United States. 8- Utility and Public Trail Easements, and a 10 foot strip reserved �. for the City of Aspen for the widening of Ute Avenue as shown on Map of Hoag Subdivision recorded November 5, 1971 in Plat Book 4 at Page 218. (9- Terms, conditions, reservations and obligations as set forth in Easement Agreement recorded in Book 363 at Page 433. 10: Terms, conditions, reservations and obligations as set forth in �-' Easement Agreement recorded in Book 557 at Page 729. 11. Terms, conditions, reservations and obligations as set forth in Easement and Amendentory Decision, recorded in Book 341 at Pages 11 through 18, and in Book 353 at Pages 316 and 317. This commitment.is invalid unless Schedule B- Section 2 PG.1 the. Insuring Provisions and Schedules Commitment No. PCT -3043 A and B are attached. MIMM 100 Litho In U.S.A. 035 -0- 100-0041/2 aw ers itle y jnsurance Crporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE B- SECTION 2 CONTINUED Exceptions numbered NONE are hereby omitted. ,The Owner's /Mortgage 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) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance thereof; water rights, claims or title to water. It 1 1 1 1 1 This commitment is invalid unless Schedule B- Section 2 the Insuring Provisions.and Schedules Commitment No.PCT -3043; � A and B are attached. Im 100 Litho In U.SA 035.0- 100-0041/2 � Lw�ersTtle � jnsurance Crporauon NATIONAL HEADQUARTERS RICHMOND. VIRGINIA COMMITMENT FOR TITLE INSURANCE LAWYERS TITLE INSURANCE CORPORATION, a Virginia 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 therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of 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 obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or 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." CONDITIONS AND STIPULATIONS 1 . The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 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. 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 or 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 and the Conditions and Stipulations and the Exclusions from Coverage 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. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. Latvwrs Title jns=.Ialalkm N, c . President Attest: Secretary. '� AGRE�iiTt I1 L5 UiE AVE. \ LTc- mKjwz Tim ic NE 1 PJPLCK WPLEY, -- 1 Ei KT ,�'7PEN Cti)8. 1'1010 OrC -HOKE$ _ I-5M TD013.5IA AL-ONE Oa"IC- 6V4 IN TRAIL P'6PEN AtV5 cf)m"K i L A tTLE N ELL - A� PEN MT• p'�LXH :11 51LNE1Z ( *RN EaOaDOLA DC LA 6LZY -- . "201TH ALPS RD. Vm twc- ►AEU UTTiZ NEI.1. ooTEt- I ►�RTN of D URAty 1J 0 ASPENVIEW 1125 Ute Avenue A custom log home on Aspen Mountain by WESTEE;N HERITAGE LOG HOMES, INC. 525 So. Original Street Aspen, Colorado 81611 (303) 925 -4600 '7 8040 Greenline Application Joseph S. Zaluba - Western Heritage Log Homes, Inc. ATTACHMENT 4 1. The parcel contains no known detriments to development other than the documented avalanche situation. This avalanche situation is ...discussed in. detail in the attached AVALANCHE HAZARD ANALYSIS, BARKER. PROPER'T'Y, APSEN, 00LORADO, prepared by Arthur I Mears, PE Gunnison,-.-Colorado dated January 15, 1987. Other conments regarding slope cut stability of the proposed building site ate addressed in the attached report from CH EN & ASSOCIATES, INC. Consulting engineers, dated December 17, 1986. 2. The proposed development shall minimize the drainage and runoff of the existing site. Drainage and runoff will be into existing paths on both the east and west sides of the proposed development. No new drainage paths will have to be constructed excepting a culvert under the proposed driveway. 3. The proposed development will utilize a gas type fireplace and therefore C9 minimize any air polution considerations. 4� The proposed development will add no new roads or trails to the site. The driveway will be short, approximately 20' and come off of the existing drive and trail. There will be minimal impact on the site. Please see a Sheet A - Site & Grading plan. -� 5. The proposed development will minimize and create no new disturbances to the existing terrain except for the house foundation and short drive. 6. As explained above. 7. The proposed development will be of minimal square footage and be constructued of 12" handcrafted and handpeeled lodgepole pine logs. The roof will be split cedar shakes and the building will be stained with a greyish brown semi transparent stain to help the development "blend" into the mountain side. The height of the building will be within City & County requirements. 8. Utilities are available to the site.. Utilities were discussed in a previous 8040 application which was approved December 2, 1986 by the Planning & Zoning Com1nission. 9. The access drive and maintenance agreements have been approved under previous 8040 review approved December 2, 1986 by the.Planning & Zoning Commission. 10. Reference Item ##9. A fire sprinkler system will be installed because of the distance from the nearest fire hydrant. 8040 Gr eenline Application Joseph S. Zaluba — Western Heritage Log Hones, Inc. ATTACI-IlVIIIVT 4 :continued) 11. Trail easements and all agreements pertaining to the road used I for access to the site have been approved. Copies are attached. 1 t A 1 i 1 t 1 1 1 1 1 1 1 1 1 1 1 A 1 1 1 f 1 AVALANCHE HAZARD ANALYSIS, BARKER PROPERTY, ASPEN, COLORADO PREPARED FOR MR. JACK BARKER Arthur I. Clears, P.E., Inc. Gunnison, Colorado January, 1987 A FHUR 1. MEARS, P.E., INC. Natural Hazards Consultants 222 Fast Gothic Ave. Gunnison. Colorado 81230 303 - 641 -3236 January 15, 1987 Mr. Jack Barker P.O. Box 3379 Aspen, CO 81611 Dear Mr. Barker: The attached avalanche- analysis has been completed in accordance with our discussions in Aspen last month. The report consists of two parts: (1) text, and (2) map. The map is being sent in a separate package. Please contact me if you have any questions. AM: lc Encl. Sincerely, Arthur I. Mears, P.E. A'L*a Wmlfng , arches • Avalanche Control Engineering t t 1 1 1 L 1, INTRODUCTION This analysis of avalanche hazard was requested by Mr. Jack Barker of Aspen and has the following objectives: 1. site inspection of avalanche terrain; 2. analysis of avalanche characteristics and risk; 3. review of previous work; 4. recommendations. The report is site specific, thus the results and recommendations cannot be extended to other locations. AVALANCHE CONDITIONS Avalanches affecting the Barker property in Sec. 18, T. 10 S., R. 84 W., City of Aspen, originate on the northeast- facing slope of Bell Mountain. Avalanche starting zones are located immediately below promin- ent cliffs at approximately 8,800 feet elevation, as much as 1000 feet above the valley floor. The starting zones, or areas in which unstable snow accumulates, are small, steep, and generally discontinuous. There- fore, avalanches will usually be small and unlikely to reach the Barker property. However, major avalanches can occur in response to exceptional weather and /or snowpack conditions at any time during the November- April snow season. Major avalanches are known to have deposited debris on the old railroad grade in 1964, 1973, and 1974. The largest and most frequent avalanches occur in the approximately 50 -yard wide open slope On the western edge of the property, which is also the site of the avalanches that are known to have reached the railroad grade. A ski trail and the proposed access driveway to the Barker property cross the �� lower portion of this path. -2- The slope immediately east of the prominent path supports a thick, triangular wedge of Douglas fir- with interspersed aspen. This stand of trees, which is the proposed site of the new home, shows no sign of avalanche damage for the life of the forest (approximately 80 years). Site inspection showed some damage to aspen within the forest, but this was apparently caused by an unusually heavy early June snowstorm in 1984. This storm produced similar widespread damage throughout central Colorado. The avalanche conditions at this site were discussed in a detailed report to Steve Crowley and Thomas D. McAuley which was authored in 1973 by Whitney M. Borland and Hans Frutiger. In my opinion, the Borland/ Frutiger report was a thorough and accurate appraisal of the avalanche conditions at this site. The present study discusses in 9 reater detail the nature of the risk involved in building within the potential avalanche area. PROPOSED DEVELOPMENT AND AVALANCHE HAZARD Discussions and a site inspection with Mr. Jack Barker provided detailed information about the layout of the proposed development. The development layout and building envelope is shown on the attached map. The development is subject to avalanche hazard of 2 types: 1. hazard on the access driveway that crosses the open avalanche path discussed above; and 2. hazard to the house, which will be built approximately 50 feet east of the prominent avalanche path, within the timber wedge. Because hazards "1" and "2" differ significantly, they are discussed separately below. The access driveway is clearly within the boundaries of the main western avalanche path. Both upper and lower legs of the proposed -3- driveway have been overrun 3 times during the past 22 years, (in 1964, 1973, and 1974), as noted above. Smaller avalanches may have also reached the driveway alignment, but gone undetected. Although firm data on avalanche frequency is not available, an average frequency (at the drive- way) of 3 -5 years seems reasonable, based on vegetation damage and the sporadic and discontinuous historical record. Overall risk is based on avalanche frequency and the proposed use of driveway. If we assume an exposure time (to the.avalanche) of 1 minute per trip and 10 trips per day on the driveway, total daily exposure is 10 minutes (out of 1,440 minutes per day), or 0.7% of the time. If the avalanche occurs once in every 3 years on the average, the joint proba- bility, P, that an avalanche will reach someone while he is traveling 1 the driveway is computed P = (3) (10/1440) = 0.23% per year. This calculation assumes random avalanche occurrence and random driveway Use. In'other words, the prevailing avalanche and /or weather conditions will have no influence on the use of the driveway. ' From the standpoint of risk assessment, this 0.23% annual probability should be compared with other risks that are commonly accepted. For example, daily travel during unstable avalanche conditions is common on Loveland, Berthoud, and Red Mountain passes each of which is crossed by numerous avalanches ever ear. Some of these avalanches y y alanc es occur more often than once per year. Depending on the route taken through Colorado, the avalanche hazard encountered on a trip to Aspen may exceed the risk in ascending the driveway. -4- In contrast, avalanche exposure of the house is less tolerable because we must assume it will be occupied continuously, especially during "severe weather and avalanche conditions. Although the building envelope is approximately 50 feet inside the timber wedge (east of the avalanche path), it probably is exposed to avalanches of exceptional volume because these will spread laterally as they descend and enter t e undisturbed forest. As a rough estimate, the building site could be reached yavalanches with return periods of 50 -100 years (1 -2% annual probability). A building located here and intended for winter occupancy must be designed for avalanche im act and deposition loads. Final design criteria should be developed in conjunction with building plans and should include: 1 1. Specification of avalanche forces (resolved into mutually perpendicular directions); and 2. Determination of loading criteria (static or impact). None of these design parameters can be specified at present because details of building size, shape, and orientation - strongly control the details of interaction with the structure. However, experience at many avalanche sites in North America and Europe indicates that construction of _an "_avalanche- proof" structure is feasible at this location. RECOMMENDATIONS The following recommendations consider the avalanche characteristics And relative hazard as discussed above. 1. Avoid placement of permanent structures within the prominent west avalanche path. 2. Allow residential construction within the timber wedge and inside the building envelope as specified by Mr. Jack Barker during our field inspection on December 16, 1986 (see attached map). 3. Accept the avalanche risk on the driveway because this risk is small compared with others normally taken in winter travel. Although the avalanche risk is small when compared to the risk accepted at many mountain sites (e.g., Vail, Juneau, Ketchum, Alta), the potential hazard should-be carefully discussed with and understood by future developers or owners of the site. They may reduce the risk even further through learning about the nature and timing of avalanches. 0/ 1 .III y Chen &Associates 5080 Road 154 Consulting Geotechnical Engineers Glenwood Springs, CO 81601 303/945 -7458 1 . Jack Barker ;.0. Box 3379 Aspen, CO 81612 jar Mr. Barker: Casper Colorado Springs Denver Fort Collins Rock Springs Salt Lake City San Antonio December 17, 1986 Subject: Comments Regarding Cut Slope Stability, Proposed Residence Driveway, Lot 3, Hoag Subdivision, Aspen, Colorado. Job No. 4 443 86 IThis report presents the findings of a site reconnaissance to tain information regarding cut slope stability along the proposed driveway alignment.. The reconnaissance was made on D cember 8 when there was at least 1 foot of snow depth on the e. Comments regarding the grading for the proposed driveway D presented in this report. The work was performed according to our proposal to Mr. Jack ker dated June 28, 1985. At Mr. Barker's request our recon- laissance was limited to the grading aspects of the project. We avalanche are being 2`s luated by others. 'r _posed Construction: Lot 3 of the Hoag Subdivision is located 1; ectly above the abandoned railroad grade and borders the 1001 im property directly to the west. The driveway alignment is )roposed to begin at the railroad grade, climb along the existing ITrail at a grade of about 15% to 18% and switch back to the t at a grade_ of about 4% to 81. The driveway is planned to be bout 15 feet wide and have a total length of about 700 feet. design information was provided to us in plan and cross Rtion drawings by Integrated Engineering Consultants, dated ober 28, 1986. The cross sections indicate road construction Y cutting on the uphill side and filling on the downhill side. le Conditions: The property ies Y near the toe of Aspen Moun- ain on the southern edge of the Roaring Fork Valley. The site s heavily wooded terrain that is steeply sloping down to the 0 h at a typical grade of 2 horizontal to 1 vertical. Eleva- ion difference between the upper and lower segments of the r Dosed driveway is about 70 feet. 0 J Mr. Jack Barker December 17, 1986 Page 2 Along the northern part of the lot, the Ute Trail, a pedes- trian ski trail, has been constructed mainly by cutting into the hillside. The trail width is about 6 to 8 feet. The cut slope banks are very steep and no indications of large slope movements were observed. We understand that the trail has been constructed in.the last year or two. The property is thickly vegetated, mainly with evergreens. Uphill of the western part of the property is a relatively small open area which is a snow avalanche track. The avalanche runout area is on Lot 2 below the site. The ent }re property lies within a potential avalanche zone (Mears, 1979) and may be in an area of potential debris flows. Discussion and Recommendations: Existing shallow cuts along the railroad grade and Ute Trail have been made at very steep slopes. The soils exposed in the cuts consist mainly of collu- vial deposits composed of angular rock fragments in a clayey sand matrix. The rock fragments typically range to cobble and small boulder size. The soils on the mountainside appear to be fairly well drained and hold the very steep cut slopes with limited slope movement when .seepage is not present. Considering the soil conditions exposed at the site, constructing cut slopes at a grade of 1 horizontal to 1 vertical as proposed appears feasible provided the cut depths are limited to about 5 feet and are protected against erosion. Fill sections constructed on the downhill side of the road will tend to be less stable than the cut slopes and should be constructed at a flatter grade and /or be limited in height. We suggest a maximum fill slope grade of 1 112 horizontal to 1 vertical and a maximum height of 5 feet. Constructing the fill will be difficult due to the steep terrain. We recommend that the fill sections be benched into the natural slope after the topsoil and vegetation have been removed. The fill should be compacted in "relatively horizontal lifts to a minimum 95% of maximum standard Proctor density. Narrow sliver fills should not be constructed. Instead, the road alignment should be shifted or a retaining wall constructed. F Collecting and diverting surface runoff will be an important ect to the cut and fill slope stability. The natural heavy etation should be maintained as much as practical. Concen- ted surface runoff should not discharge onto steep unprotected pes. It may be feasible to collect the surface runoff in a ch along the uphill side of the road and discharge the water Mears, A.I. 1979, "Colorado Snow - Avalanche Area Studies and Guidelines for Avalanche- Hazard Planning: Colorado Geological Survey Special Publication No. 7,,. Chen & Associates il Mr. Jack Barker December 17, 1986 Page 3 at control points. A civil engineer should design the drainage system. The areas disturbed by the grading operation should be revegetated or protected by other means to prevent erosion. This should include areas upslope and downslope of the roadway alignment. Localized slumping and raveling of the steep cut slopes should be expected. This will require. regular maintenance so that the roadside ditch is not clogged. Temporary seepage during spring runoff conditions may contribute most to the ditch main- tenance problems. -If seepage is encountered during or after construction or if significant slope failures occur, a geotech- nical engineer should be contacted immediately to evaluate possible remedial action. The conclusions and recommendations submitted in this report are based upon the data - obtained from our site reconnaissance and the proposed development plans. Variable site and soil condi- tions may be encountered during construction. We recommend a geotechnical engineer review the design drawings and perform observation and testing of the grading operations. If you have any questions or if we can be of further assis- tance, please let us know. L. P q . v ��� � G�STfR •;y 15222 CO���`�O SLP /ec Rev. By: R. M. Chen &Associates Very truly yours, CHEN & ASSOCIATES, INC. By - Steven L. Pawlak, P.E. P.O. Box 3379 ' Aspen Co. 81612 303- 925 -8580 Feb. 18, 1987 Mr. Steven Burstein City of Aspen Planning Office tGalena St. Aspen, Co. 8161 1 Re; Barker 8040 Greenline Application Amendment Dear Steve, This letter will more specifically address remaining conditions of the Dec. 2, 1987 approval as well as the original approval. 1) Snow Removal Plan The concern about snow removal is that it should not interfere with the ski trail grooming. So I hereby agree that either myself or the purchaser of Lot 3 shall not move snow onto the trail and that a base of snow will be left on the trail /driveway to accommodate skiers. I know from my previous experience working on this road in the winter during the construction of the Lot 4 duplex that it is almost impossible to plow this road down to the gravel. It is such a shady site that the road is frozen up all winter. Of course it will not always be possible to keep a maintained ski groove 1n the trail but there will be plenty of snow for the machine to keep a good skiing surface. See the engineers final drawings now being processed that will include a detailed plan on where to dump the snow from plowing. 2) Conservation and Revegetation Plan The concern here is to stabilize the soil as well as make the disturbed soil look natural. My plan is to personally supervise the removal of surface soil during construction of this road. My experience in building here in Aspen for many years is that is much easier to protect the existing vegetation that it is to get new vegetation to grow. Final alignment of this driveway will be made to conserve as many existing trees as is possible. On the uphill side of the road we will expect to have a one to one grade that is very steep. As indicated in the report on cut slope stability by Chen and Assoc., we can expect that the rock formation can provide a very steep and yet stable bank. By keeping to a steep uphill bank we can reduce the amount of natural vegetation that would be excavated and lower. JaCV, barKer P.O. Sox 3379.. Aspen, Co. 81612 303- 925 -8580 the height of the bank to no more than 5 feet. We will add soil along both upper and lower banks where we will plant ground cover plants with good root systems such as Sweet Woodruff (which is the most successful ground cover 1 have used in shady banked areas), Bluebells ( which do well around rocks and shade areas), Lily -of- the - Valley and Common Periwinkle ( which like lots of moisture and shade). These are all easy to find nersery stock which I have planted in the Aspen area with very good success. These small ground cover will look more natural than wild grass since there is almost no grass on this exposure. We will end up with a rock garden look to most of this area. This is the method I used successfully in landscaping the Duplex on lot four below this site. Some small evergreen trees will be planted around the switch back and at the junction with the ■ td railroad right -of -way where the realignment of the ski trail caused ■ nsiderable damage. A detailed site plan is being developed that incorporates this landscape plan as well as the drainage system of our previous plans. 3) Sharing of access through Forest Service property & easement across Lot Three. Brooke Peterson is sending a copy of the easement agreement to Paul Tadoon for his review. Greg Thompson at the Forest Service said that he would only need a copy of the executed easement agreement for his file to insure that the City & Nordic Council has been given the right to use this access. So this is in the works and you will be getting copies. 4) Removal of excavated materials There will be no dumping of excess materials from the construction of this road or the homesite on the lot or surrounding areas. All excess materials will be hauled away to appropriate and approved landfill areas. If there are any questions regarding my plans for this project please give me a call. Sincerely, L� F, � � r "i ' :;`„yw�Rrtw- wr.+�-- .wr�.�� ��.,..�: �"''':� s : <�"�!+e�..�a'#y e .. •. rq � <�Y�d'".d:.� kat -ssdeo .y( 10:15 c'clock_A K. ieDtW ry 15 1919 - r heception > ,. 214110 Lomtta Banner .SNORT FORM OPTION FOF�EASI�IENT ,k Th i R 5tir)RT YOM OPTLON' PI FR C"CMCI:T dated Lbu ` „ da; r l•_Lruary...1979 Ss between HOAG- 3- V[NTnrRS, la.at venture !'Nuao Y nture'1, whose. address ►s 11s'te 41.► fit �t _... y.. . and LP A, LE AMMIE. LIKZTED A tTNERSB D'{ itlTe % , `�� T.rhoAe address is Box 1 As pea, Colorado "81611 1. Boaq Venture hereby grants to Little An11! d 'e - u: the eraiusive right, privilege and option to purchase,' ' n easement and right -of ray above Certain :real property'' ccspriainy..approsiaetely 0.116 acres, more or less, Locatad�. . A Ln the CatY, oi:•Aspen. Pitkir. County. Colorado. 'as>d sore particularly described: as follows 1. A POP=GN Or LOT 3 NOAG SUBDItISION;'CITY OP ASPEIi y;. COLORADO, BEIMO MORE FULLY DESCRIBED AS FOLLOW a ^ BEGINMING AVA POM ON'TSE SOCTB LIME or':SA2fi IAl`'Sri WMCY TEE :1NOSr EASTERLY COR>IE>t OF;SAID. LOT; 3 eMT; 1S1:98• -rm7 y THENCE'S 55 °48'90• W 4.46 'FEET ALONG THE SOOTK LIgE.OT ',' SAID Wr :2`TO °'M TRUE POIMT BSGIDIRZDNiipk =3i h . }1 �Ca x.t i TBEpca.N:5514615'r N 83,99- FEE1'71LQKf8 SAID.:BOiM17! ?SAEfY a THEME -11 01'49'1h`:.E 11.04 FEET To A, -POINT OOt Tlid x fiORTB BIER [ OF. SAID L LOT. ..3 t ' THENCE S`SS 18'50 E'81.99.FEET ALONO SAID'lIORTN LINN)ip ,. TBENCL S''O o49 ?18'- M 71:04 FEET TO•TM RES TRUE'�`POINT � f� 9 r BEGIMING CONTAINING 0.116 AC, NORE OF LESS *`4 - ;.i .•. -.... � 'E ]�L:• X144 ?R�. Z .'^The easement and rightro ,- described above tx o i 8h411 be for purposes of maintainiaq an9 operaunq akl .} lifts, cables, 'as,rove, •aerial trasaays,asd atl . i °� devices•siailar . os iacident.•thetetol boww r, no';.A rOdtOleM. -. or devices such as supports,., col stanchions, r= bPtlgtrta. butsxeases and`the like or other lmpsovewnts located ,on3iai8 Property The. option dull term lnate'tvo iZ yoars.•Lkw the e:feetiva:date.hereof or :February 1, I981..:whlcbovrr. { �� >s ::,ngrr. 'Thc ettectsve date hereof Raana tbe'daRa this tf r- sE� tha instru>.eat is ,duly, by .'all the parties hereto # , 4. The optr,on payMats aric 311 other ter>•s, s prov_sions, and ooad3taona of .che OpLaon:,are sot,orth 1 `t {a. ful "l.ar.'tha"- < :certain',apt ion for Easssent datod Psbn+atcy ♦i "'�" k 1979 mace between the parties.hereto and Jncor osatedrhere Ki4 by this =refsl066eT1ns Snsesosea4;is wsrelY • shosrt tosf/ �' t soesal sad crs ot:. the 4Hticn !or Ease>weet to be I filed -for notice a� S; Purposes 3 a.;the. reala-catate room s,.,ot the Clerk and ReQpida t r v o f P tk to Cxatslty. Colorado a t F x Y - K ♦t ` iN WITSMS 1BiUMF, the Parties: have mteauta+d this VA k t f Stort Mors s�ptioa�tQ! Easssts,.It the dap: and year iilat vrittslYa r � p � :IEQAG >ff.ZiTtJREtr: ��r f' LI'llii S1A4 1 f�.�,��a s� ��. "Wture . LIlTLE IC: ',G-. y- - : 1► � ' � tin ; , r^ ;73 ti • t v pale / z �1: . 1!y a . � ✓ �1 ..' �t. '� q � , .S'.. +'�+yKt v4. 4' }µ �-'� kk, ` ' ,_* * t `y�� , t•`+F�..- a4,-. ♦ r4out }�}, r s •�� -�'�y s •�` "� ?�, �y '�fia�, 'la `T :. .x '� � .Yt'G's i�s'�•�+�fM�r'EdpAe �� ' q s`� t�,.➢ ja *- riQK4i i .T''� `,� Y : t,�� r, `yr'`� t .h 4 � k' ., V 7 7 7 STATE OF COLOJJ.4= c OUXTY or P ITKTII instrument •►oa aw me thL* day of F ebruary , -1979, bp I IF of L L 'tt'e Antli*­ Ulftited Partnersk .'.'W'TNM My -'"Wd-Aad 0 .*Lci&: -*ad KY commaston expiv-s: -7".Vq 4 q If ota a STATE or COUbITY Qr'PTkTEjX- T? f -day., of rebt 1979. DU IIS my hAtod -&nd� of 19 I�CAYAMY or PITRIN a" Eq,jjj*tj*jjRftt: d*y of :rebertary 1979 by/ J111 WITMM VV bajbd:, t And 10 mea4 ii ivy ;saw My Zmiss*"." p I . . . . . . p­ yrt-T iA ),J The"'far"mna 4 We day of row.ua". 1979 Ij rea'S c 7e 3 rC j, J N WiC Pe-corded at-LL oWDek . . A A4 r ;wceptun No SILVIA DAM il[NN CUM 1tECW,= I& E_C.Nj_&0ZM= THIS AGREMENT,made this Al my of 1988, by and d, between JACK BARKER (hereinafter referred to as "Barkere), and the CITY OF ASPEm (hereinafter referred to as *City*). ; ,' WHEREAS. Barker is the owner of commonly known as Lot 3, Hoag Subdivision, Certain real property of Pitkin, state or Colorado; and City 01 Aspen, County WHEREAS, Barker is also the holder of special Use Permit which affects certain Property Owned by the United Service; and States Forest 4" WHEREAS, the City Is d@;1XOUS of obtaining an easement across Sarker-a Property and the right to use the United States Forest Service roperty for the purpose Of Constructing a recreational trail; and S WHEREAS, Barker is desirous of granting an easement across his property and allowing the use of the United States Forest Service Property upon the terms and conditions contained herein, NOW THEREFORE, for Ton Dollgra ($10-00) and other good and valuable Consideration, and in consideration Of the mutual covenants contained herein, the Parties agree as follows, 1. ZA&AMA=. Barker hereby grant* to �. the city, and j described perpetual successors and assigns Zraver, the following non = exclusive trail easement and right-of-way, recreational use, including but not limited to, for multi- equestrian and other -uses, over that kiing,. hiking, bicycling, cross country skiing, described as Driveway and Trail Easement in ZxhLbit A, attached hereto and incor-por-a-t-i'd-, h6etin-by-thIg reference, and he- hereby grants to the City- the right to uti- which lfifi� COftALn Mal Property is Owned by the United States Forest Service which Barker has the right , to Use pursuant -to a special use Permit. The property to be burdened by the easement and the iVely be referred to hereafter as the Property owned by the United States Forest Service shall collect- *Pro"fty'. 'o 2. MM- The use or the Property shall include, but not be. limited to, the setting and maintenance Of cross country skiing tracks by mechanized equipment or by hand, as well as the-..; construction and placement of information trail marks". .The shall' at its Own expense and Cost, install such gat", --bridges or other improvements an are necessary for the Use and mainten- are* of the trail located on the Property and for the passage :of track setting equipment in the Winter. So construe performed upon the Property except as is name the purpoe" "ry to SocommodatA Of this grant and except with the perniselon, of -P K7 Y T, 557 73t1 ' Barker. The Property hereafter -say be used by any person gaining access through authorized access points or trail heads estab- lished and maintained by the City. Any use of snowmobiles, except ij-7 for those minimally utilized by the City, Mall be prohibited. .4 3. Maintenance. The maintenance of the Property, and all farilitiPn located thereon, shall be done solely at the expense Of the City. Anything to the contrary contained herein notwl th. standing, any damage caused due to negligence of any person who'. uses or has used the Property pursuant to the authority of the T, 557 73t1 ' Barker. The Property hereafter -say be used by any person gaining access through authorized access points or trail heads estab- lished and maintained by the City. Any use of snowmobiles, except for those minimally utilized by the City, Mall be prohibited. 3. Maintenance. The maintenance of the Property, and all farilitiPn located thereon, shall be done solely at the expense Of the City. Anything to the contrary contained herein notwl th. standing, any damage caused due to negligence of any person who'. uses or has used the Property pursuant to the authority of the City shall be the responsibility of the City. 4. No Easement for Access. Nothing- contained '' herein shall be construed to grant as easement across-any other property, owned by Barker in order for individuals to gain access to the Property. The City shall provide and maintain reasonable access and trail head points in order to minimize the opportunities for,:. entering or leaving the Property. , S. I ity and InsuranCe. The City shall bold Barker' harmless and indemnify his against any and all claims, liability, lose, expense, . damages or causes of actions including all legal fees, for damages arising after the commencement of the term hereof and any order, decrees or Judgments which may be entered therein, brought for damages or alleged damages resulting from injury to person or pr_,operty or the 1098 Of life sustained In or about the Property, and !rOR any damage or injury of any kind to Barker's Property, or for any matter or thing growing out of the use or occupation of the Property, or any part thereof, or possession occasioned by the City, its agents, employees or assigns!, respectively, or which may be occasioned by any person or thing whatsoever or which May be caused by the operations of ee the City or any of its agents, in the construction of a" improvements on the Property. It is the intention and agreement that Barker shall not be liable for any personal injuries or. damage to any persons to persons utilizing the Property, however, nothing described herein shall excuse, reduce, release Barker from negligent, recklessness or deliberate acts, claims, -expen- ses, damages, or causes of action, including legal fees by': himself, agents, employees or assigns which result in claims against the City or Barker. The City shall maintain adequate liability and property damage insurance covering toe Property and evidence of the same shall be furnished to Barker. 6. No Interference. The exercise of the rights granted herein by either party shall not unreasonably interfere with-the use of the properties burdened hereby. 7. Constructio . The rule of strict construction does not apply to this grant. This grant shall be given a reasonable . constrection so that the intention of the parties to confer a.'v: mutuaily usable right of enjoyment on each other is carried out. �J. a. Mica Ali notices, demands and COMmunications man ado �_S IN ram 55 r!-,:731 required hereunder shall be served or given to the respective party at its respective address as set forth below or as other- w1se designated in the tanner set forth herein. All notice, demand or communication shall be given by personal service, or certified mail, return receipt requested with first class postage pre-paid thereon, and unless sooner, received three (3) days after the date Of Certification. The address of the parties hereto are Jack Barker POst Office Box 3379 Aspen, Colorado 81612 City Manager City cf Aspen 130 South Galena Street Aspen, Colorado 81611 9• At* L_qnMnt_ This Agreement shall not be assignable in whole or in part, without written consent of the which consent shall be unreasonably withhold. other party, 10. Attorneys Fess. Should any party hereunder be rewired to resort to legal or equitable process for the enforcement of any Of the provisions or this Agreement, the prevailing party shall be entitled to collect from the other party all of its reasonable attorneys fees, expenses and costs. Jurisdiction for any legal proceodinq shall be within the District Court, Pitkin County, Colorado. 11. Running of Benefits and Burdens. All -rovisions -of the instrument, including the benefits and burdens, run with the lands owned by the parties herein which are affected hereby, and,- are binding upon and inure to the assigns and successors of the parties hereto. IS WITM 9 WHEREOF, the parties have hereunto get the&r hands and seals the day and year first above written. CITY OF AS BY J2CX BARKER STATE Or COLORADO LC 1% PITKIN morn sworn 014be tbregoing document was to bet (4. day of 'C"nowl 1988, AA 'Pbrpub lib V:. �j try q!ljp i iv jfv? tai mmc 557 -wTJ*l STATE OF COLORADO COUNTY OF PITKIN The foregoing document was acknowledged and sworn-t Me this Aspen. day of 1988 9Z!Ore City or 4A41-A , as '21 Notary public 'o 16 % :T Chen - Northern, Inc. Job No. 4 275 89 5080 Road 154 Glenwood Springs, Colorado 81601 303/945 -7458 Fax:303/945 -2363 SUBSOIL STUDY FOR FOUNDATION AND GRADING DESIGN PROPOSED RESIDENCE LOT 3, HOAG SUBDIVISION ASPEN, COLORADO Prepared For: Western Heritage Log Homes Attn: Joe Zaluba P.O. Box 9640 Aspen CO 81612 -9640 A member of the HIM group of companies Billings Great Falls Boise Helena Casper Phoenix Colorado Springs Pocatello Denver Rock Springs Elko Salt Lake City Evanston San Antonio Gillette Tri Cities Glenwood Springs Yakima i June 26, 1989 1 0 TABLE OF CONTENTS CONCLUSIONS PURPOSE AND SCOPE OF STUDY PROPOSED CONSTRUCTION SITE CONDITIONS PREVIOUS GEOTECHNICAL EVALUATION FIELD EXPLORATION SUBSOIL CONDITIONS FOUNDATION RECOMMENDATIONS FOUNDATION AND RETAINING WALLS FLOOR SLABS UNDERDRAIN SYSTEM SITE GRADING SURFACE DRAINAGE LIMITATIONS FIGURE 1 - LOCATION OF EXPLORATORY BORINGS FIGURE 2 - LOGS OF EXPLORATORY BORINGS FIGURE 3 - LEGEND AND NOTES FIGURES 4 AND 5 - GRADATION TEST RESULTS TABLE I - SUMMARY OF LABORATORY TEST RESULTS Chen - Northern, Inc. 1 1 2 2 3 3 4 5 6 7 8 9 11 11 CONCLUSIONS The proposed residence should be founded with spread footings bearing on the natural granular soils and designed for an allowable soil bearing pressure of 2000 psf. Excavation into the hillside for the building foundation and driveway could induce slope insta- bility. Recommendations to limit the risk of instability are presented in the report. Other design and construction criteria related to the geotechnical aspects of the proposed development are also presented in the report. PURPOSE AND SCOPE OF STUDY This report presents the results of a subsoil study for a proposed resi- dence to be located on Lot 3, Hoag Subdivision, Aspen, Colorado. The project site is shown on Fig. 1. The study was conducted in accordance with our agreement for professional services letter to Western Heritage Log Homes, Inc., dated April 13, 1989, and amended to include snow removal and a second exploratory boring. A field exploration program consisting of exploratory borings was con- ducted to obtain information on subsurface conditions. Samples obtained during the field exploration were tested in the laboratory to determine their engineering characteristics. The results of the field exploration and labora- tory testing were analyzed to develop recommendations for foundation types, depths and allowable pressures for the proposed building foundation and the site grading design. The results of the field exploration and laboratory testing are presented in the report. This report has been prepared to summarize the data obtained during this study and to present our conclusions and recommendations based on the proposed construction and the subsoil conditions encountered. Design parameters and a Chen - Northern, Inc. -2- discussion of geotechnical engineering considerations related to construction of the proposed residence are included in the report. PROPOSED CONSTRUCTION The proposed. residence will consist of a fairly large log structure located approximately as shown on Fig. 1. A site grading and vegetation plan dated May 16, 1989 by J.S. Zaluba & Associates was provided for our use. The building is proposed to be cut into the hillside with fairly extensive cut depths ranging to a maximum of about 20 feet. The driveway into the basement level garage will be accessed from the existing lower driveway into the Hoag lots. Widening of the existing access by cutting into the hillside a maximum depth of 8 feet is proposed to the west of the building site. Retaining walls will be provided in some parts of the site to transition the cut grades. We assume foundation loadings for the residence will be relatively light to moderate and carried mainly by continuous walls. Due to the proposed cut depths, lateral earth loading on the structure will be substantial. If building loadings, locations or grading plans change significantly from those described above, we should be notified to reevaluate the recommen- dations contained in this report. SITE CONDITIONS The property lies near the toe of Aspen Mountain on the southern edge of the Roaring Fork valley. The site is heavily wooded terrain that is steeply sloping down to the north at typical grades of 50% to 60 %. Elevation differ- ence across the proposed residence is on the order of 35 feet. The access road into the property is along the Ute Trail, a pedestrian ski trail, that has been constructed mainly by cutting into the hillside. The Chen - Northern, Inc. -3- trail was apparently constructed about five years ago and was originally 6 to 8 feet wide. The trail was widened for the subdivision improvements to about 12 feet. The cut slope banks along the uphill side are very steep and no indications of large slope movements were observed. There has probably been some shallow creep of the topsoil layer as indicated by the "pistol butt" shape of some of the tree trunks in the area. The property is thickly vegetated, mainly with evergreens and scattered aspen. The building site is situated near an existing snow avalanche track that has a runout onto Lot 2 below the site. The proposed building site lies within a potential avalanche zone. and could be impacted by debris flows. We understand that mitigation for the potential geologic hazards is being designed by A.I. Mears. PREVIOUS GEOTECHNICAL EVALUATION Chen & Associates, Inc., (now known as Chen - Northern, Inc.) previously conducted a reconnaissance of the subject property for design of the existing driveway off of the Ute Trail and into the property. The findings of our work were presented in letters and memos between December 17, 1986 and January 7, 1988, Job No. 4 443 86. FIELD EXPLORATION The field exploration for the project was conducted on May 23, 1989. Two exploratory borings were drilled at the locations shown on Fig. 1 to evaluate the subsurface conditions. The borings were advanced with 7 -inch diameter continuous flight hollow stem augers powered by a truck - mounted CME -55 drill rig. The hollow stem auger was used due to caving of the subsoils when the solid stem auger was withdrawn. The borings were logged by a representative of Chen - Northern, Inc. Chen - Northern, Inc. -4- Samples of the subsoils were taken with a 1 3/8 -inch I.D. spoon sam- pler. The sampler was driven into the subsoils at various depths with blows from a 140 -pound hammer falling 30 inches. This test is similar to the standard penetration test described by ASTM Method D -1586. The penetration resistance values are an indication of the relative density or consistency of the subsoils. Depths at which the samples were taken and the penetration resistance values are shown on the Logs of Exploratory Borings, Fig. 2. The samples were returned to our laboratory for review by the project engineer and testing. SUBSOIL CONDITIONS The subsoil conditions encountered at the site are shown graphically on Fig. 2. The subsoils consist of about 1 foot of topsoil overlying loose to medium dense, silty to clayey sandy gravel colluvium containing angular cobbles and boulders. Drilling in the gravel colluvium with conventional flight auger equipment was difficult due to the coarseness and looseness of the deposit. This soil is similar to that exposed in the existing Ute Trail and driveway cuts on the property. The deposit appears to be highly porous as indicated by small voids between the coarse material observed in the existing cuts. Below a depth of about 27 feet in Hole 1, a fairly clean sand and gravel was encountered to the drilled depth of 31 feet. Laboratory testing performed on samples obtained from the borings con- sisted of natural moisture content and gradation analyses. Results of grada- tion analyses performed on small diameter drive samples (minus 1 1/2 -inch fraction) of the natural coarse granular soils are shown on Figs. 4 and 5. The laboratory testing is summarized in Table I. Chen- Northern, Inc. 5'! No free water was encountered in the borings at the time of drilling and the subsoils were slightly moist to moist. FOUNDATION RECOMMENDATIONS Considering the subsoil conditions encountered in the exploratory borings and the nature of the proposed construction, we recommend the building be founded with spread footings bearing on the natural granular soils. The design and construction criteria presented below should be observed for a spread footing foundation system. The construction criteria should be considered when preparing project documents. 1) Footings placed on the undisturbed natural granular soils should be designed for an allowable soil bearing pressure of 2000 psf. Based on experience, we expect settlement of footings designed and constructed as discussed in this section will be about 1 inch or less and essentially occur during construction. 2) All existing fill, topsoil and any loose or disturbed soils should be removed and the footing bearing level extended down to the natural granu- lar soils. 3) The footings should have a minimum width of 16 inches for continuous walls and 2 feet for isolated pads. 4) Exterior footings and footings beneath unheated areas should be provided with adequate soil cover above their bearing elevation for frost protec- tion. Placement of foundations at least 42 inches below exterior grade is typically used in this area. 5) Continuous foundation walls should be reinforced top and bottom to span an unsupported length of at least 10 feet. Foundation walls acting as Chen - Northern, Inc IM retaining structures should also be designed to resist lateral earth pressures as described below in "Foundation and Retaining Walls ". 6) A representative of the soil engineer should observe all footing excava- tions prior to concrete placement to evaluate bearing conditions. FOUNDATION AND RETAINING WALLS Foundation walls and retaining structures which are laterally supported and can be expected to undergo only a slight amount of deflection should be designed for a lateral earth pressure computed on the basis of an equivalent fluid unit weight of 40 pcf for backfill consisting of the on -site granular soils. Cantilevered retaining structures which are separate from the building and can, be expected to deflect sufficiently to mobilize the full active earth pressure condition should be designed for a lateral 'earth pressure computed on the basis of an equivalent fluid unit weight of 35 pcf for backfill consisting of the on -site granular soils. All foundation and retaining structures should be designed for appropri- ate hydrostatic and surcharge pressures such as adjacent foundations, traffic, construction materials and equipment. The pressures recommended above assume drained conditions behind the walls and a horizontal backfill surface. The buildup of water behind a wall or an upward sloping backfill surface will increase the lateral pressure imposed.on a foundation wall or retaining struc- ture. An underdrain should be provided to prevent hydrostatic pressure buildup. Walls having a maximum backslope grade of 50% should be designed for a horizontal earth pressure of 60 pcf for the building foundation and 50 pcf for a cantilever condition. The lateral resistance of foundation or retaining wall footings will be a combination of the sliding resistance of the footing on the foundation materi- Chen - Northern, Inc. -7- als and passive earth pressure against the side of the footing. Resistance to sliding at the bottoms of the footings can be calculated based on a coeffi- cient of friction of 0.5. - Passive pressure against the sides of the footings can be calculated using an equivalent fluid unit weight of 400 pcf. The coefficient of friction and passive pressure values recommended above assume ultimate soil strength. Suitable factors of safety should be included in the design to limit the strain which will occur at the ultimate strength, particu- larly in the case of passive resistance. Fill placed against the sides of the footings to resist lateral loads should be a granular material compacted to at least 95% of the maximum stan- dard Proctor density at a moisture content near optimum. Backfill placed behind walls should be compacted to at least 90% of the maximum standard Proctor density at a moisture content near optimum. The backfill should consist of the minus 6 -inch on -site gravel colluvium or approved imported granular soil. Care should be taken not to overcompact the backfill since this could cause excessive lateral pressure on the walls. Some settlement of deep foundation wall backfill should be expected even if the material is placed correctly. Therefore, slabs, decks, etc., should not be located on deep wall backfill. FLOOR SLABS The natural on -site soils, exclusive of topsoil, are suitable to support lightly to moderately loaded slab -on -grade construction. To reduce the effects of some differential movement, nonstructural floor slabs should be separated from all bearing walls and columns with expansion joints which allow unrestrained vertical movement. Floor slab control joints should be used to reduce damage due to shrinkage cracking. We suggest joints be provided on the Chen - Northern, Inc. -8- order of 15 feet on center. The requirements for slab reinforcement should be established by the designer based on experience and the intended slab use. A minimum 4 -inch layer of free - draining gravel should be placed beneath basement level slabs to facilitate drainage. This material should consist of minus 2 -inch aggregate with less than 50% passing the No. 4 sieve and less than 2% passing the No. 200 sieve. All fill materials for support of floor slabs should be compacted to at least 95% of maximum standard Proctor density at a moisture content near optimum. Required fill can consist of the on -site gravels devoid of vegeta- tion, topsoil and oversized rock. UNDERDRAIN SYSTEM Although free water was not encountered during our exploration, it has been our experience in mountainous areas that local perched groundwater may develop during times of heavy precipitation or seasonal runoff. Frozen ground during spring runoff can create a perched condition. We recommend below grade construction, such as retaining walls, crawl space and basement areas be protected from wetting and hydrostatic pressure buildup by an underdrain system. The drains should consist of drain tile placed in the bottom of the wall backfill surrounded above the invert level with free - draining granular mate- rial. The drain should be placed at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1% to a suitable gravity outlet. Free - draining granular material used in the underdrain system should contain less than 2% passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a maximum size of 2 inches. The drain gravel backfill should be at least 2 feet deep. Chen - Northern, Inc. SITE GRADING The hillside on the site could become unstable as a result of construc- tion operations. Design and construction considerations must be given to this potential instability in order to successfully construct and maintain the proposed structure. A detailed slope stability evaluation and resultant recommendations a yond the scope of this report. However, general guide- / lines are presented below so planning and design of the structure can be performed. After the initial planning and design, we should be contacted to review the information so recommendations for additional investigations or analysis may be made. 1) Maximum cut slope grades of 1 horizontal to 1 vertical appear to have performed satisfactorily on the site for the driveway construction. Excavations for the residence should be kept shallow to reduce the risk of instability during grading. Generally, cuts not exceeding .6 to-8 feet below the ground surface are recommended. Deeper cuts which are retained as part of the building construction and not left open for prolonged time before backfilling appear acceptable. 2) Potential slope instability during excavation of the foundation can be reduced by constructing the excavation during relatively dry periods of the year. Excavations constructed in the spring or early summer may encounter water seepage through the soil which will be adverse to the slope stability above the site. 3) The risk of slope movement during construction can be reduced by exca- vating, bracing the constructing foundation wall and backfilling to the final configuration in a short time period. This entire process should be carefully monitored.to warn of potential slope instability. Chen - Northern, Inc. -10- 4) Permanent unretained cuts in the colluvial soils less than 10 feet in height should not exceed 1 112 horizontal to 1 vertical. The risk of slope instability will be significantly increased if seepage is encoun- tered in cuts. If seepage is encountered in permanent excavations, an investigation. should be conducted to determine if the seepage will adversely affect the cut stability. 5) Fills up to 5 feet in height can be used if the fill slopes do not exceed 1 1/2 .horizontal to 1 vertical and they are properly compacted and drained. The ground surface underlying all fill should be prepared by removing all organic matter, benching into the hillside and compacting the subgrade to 90% of the maximum standard Procctor density prior to fill placement. Fills should be benched into slopes exceeding 5 horizon- tal to 1 vertical. 6) Good surface drainage should be provided around all permanent cuts and fills and steep natural slopes to direct surface runoff away from the slope faces. Slopes and other stripped areas should be protected against erosion by revegetation or other means. 7) Site grading, drain details and building plans should be prepared by qualified engineers familiar with the problems in the area. A construc- tion seepage plan of excavating, wall construction and bracing and backfilling indicating the time required should be prepared by the con- tractor. A representative of the soil engineer should evaluate the suitability of proposed fill materials and test compaction during its placement. Chen - Northern, Inc. -11- SURFACE DRAINAGE The following drainage precautions should be observed during construction and maintained at all times after the residence has been completed: 1) Inundation of the foundation excavations and underslab areas should be avoided during construction. 2) Exterior backfill should be adjusted to near optimum moisture and compacted to at least 95% of the maximum standard Proctor density in pavement and slab areas and to at least 90% of the maximum standard Proctor density in landscape areas. 3) The ground surface surrounding the exterior of the building should be sloped to drain away from the foundation in all directions. We recommend a minimum slope of 12 inches in the first 10 feet in unpaved areas and a minimum slope of 3 inches in the first 10 feet in paved areas. Free - draining wall backfill should be capped with about 2 feet of the finer grained soils to reduce surface water infiltration. 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. LIMITATIONS This report has been prepared in accordance with generally accepted soil and foundation engineering practices in this area for use by the client for design purposes. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings drilled at the locations. indicated on Fig. 1 and the proposed type of construction. The nature and extent of subsurface variations across the site may not become evident until excavation is performed. If during construction, fill, soil, rock or water conditions appear to be different from those described herein, Chen- Northern, Inc. -12- this office should be advised at once so reevaluation of the recommendations may be made. We recommend on -site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the soil engineer. >� Q d • ' 15222 po w o SLP /ec cc: High Country Engineering, Attn: Tim Beck Chen - Northern, Inc. Very truly yours, CHEN - NORTHERN, INC. By Steven L. Pawlak, P.E. EXISTING DRIVEWAY APPROXIMATE SCALE / 1 = 60, LOT 3 / off". �o UTILITY & PUBLIC TRAIL / EASEMENT UTILITY EASEMENT LOT /'l HOLE 1 A /HOLE 2 PROPOSED RESIDENCE FA /t f 7 � 4 275 891 Chen - Northern, Inc. LOT 2 LOCATION OF EXPLORATORY BORINGS I Fig. I .. ` ^ � o 8105 N 105 1101C I Hole 2 FICv. 8102, Flev. 80341 —8100 8100— 0 —8095 8095— —8090 8090— 1 13/12 —8085 8085 —8080 8080 —8075 8075 —8070 8070 Driveway Residence —806.S 8065 Main 1:1001, Level —8060 8060 —80SS 8055 —8050 8050 Carage Floor Level —8045 8045 8040 8040 Note: Explanation of symbols Presented on Fig. 3. 8030 8 03 0 Lower Driveway LEGEND RTopsoil; organic sandy silt, soft, black. ®Man- placed Fill; silty sand and gravel, cobbles, moist, light brown, driveway construction material. Gravel (GM -SM); and sand, silty to clayey, cobbles and small boulders, loose to A medium dense, slightly moist, light brown to brown, angular rock, open graded. Sand and Gravel (SP -GP); slightly silty, medium dense, slightly moist, light brown, rounded rock. Drive sample; standard penetration test (SPT), 1 3/8 -inch I.D. split spoon sample, ASTM D -1586. 18/12 Drive sample blow count; indicates that 18 blows of a 140 -pound hammer falling 30 inches were required to drive the SPT sampler 12 inches. NOTES: 1. Exploratory borings were drilled on May 23, 1989 with a 7 -inch diameter contin- uous flight hollow stem power auger. 2. Locations of exploratory borings were measured approximately by pacing from features shown on the site plan provided. 3. Elevations of exploratory borings were obtained by interpolation between contours on the site plan provided. 4. The exploratory boring locations and elevations should be considered accurate only to the degree implied by the method used. 5. The lines between materials shown on the exploratory boring logs represent the approximate boundaries between material types and transitions may be gradual. 6. No free water was encountered in the borings at the time of drilling. Fluctuations in water level may occur with time. 7. Laboratory Testing Results: WC = Water Content (o) +4 = Percent retained on No. 4 sieve -200 = Percent passing No. 200 sieve 4 275 89 1 Chen - Northern, /17c, I Legend and Notes I rte. 3 Chen - Northern, Inc. 4 275 89 TABLE 1 SUMMARY OF LABORATORY TEST RESULTS SAMPLE LOCATION NATURAL MOISIURE CONTENT ( °�) NATURAL DRY DENSITY (fxl) GRADATION P[RC[NT PASSING NO. 200 SIEVE ATTERBERG LIMITS UNCONFINED COMPRESSIVE STRENGTH (psl) SOIL OR BEDROCK TYPE HOLE DEPTH peCl) GRAVEL (%) SAND ( %) LIQUID LIMIT PLASTICITY INDEX 1 10 9.3 38 37 25 silty sand $ gravel 20 5.8 44 .35 21 silty sand & gravel 30 2.0 39 51 7 sand and gravel 2 10 5.1 67 23 1.0 silty sandy gravel