HomeMy WebLinkAboutcoa.lu.sm.Reich 375 N Spring St.A054-00 ;
CASE NUMBER A054-00
PARCEL ID # 2737-073-10001
CASE NAME Reich Stream Margin Amendment#2 and ADU
PROJECT ADDRESS 375 N. Spring St.
PLANNER Fred Jarman
CASE TYPE Stream Margin Amendment, ADU
OWNER/APPLICANT DCR Family Limited Partnership
REPRESENTATIVE Alan Richman
DATE OF FINAL ACTION 8/4/00
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION Approved
BOA ACTION
DATE CLOSED 10/16/00
BY J. Lindt
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Denise Reich, 1873 S. Bellaire#700, Denver, CO 80222
Property Owner's Name, Mailing Address and telephone number
Lots 8 & 9, Block 1, Oklahoma Flats Addition
Legal Description and Street Address of Subject Property
Stream Margin Review Amendment and ADU
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Administrative Decision, 8/4/00
Land Use Approval(s)Received and Dates (Attach Final Ordinances or Resolutions)
August 19, 2000
Effective Date of Development Order (Same as date of publication of notice of approval.)
August 20,2003 •
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 19th day of August, 2000, by the City of Aspen Community
Development Director.
lie Ann Woods, Community Development Director
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PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Lots 8, & 9, Block 1, Oklahoma Flats Addition, by
Administrative Decision of the Community Development Director on August 4, 2000.
For further information contact Julie Ann Woods, at the Aspen/Pitkin Community
Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090.
s/City of Aspen
Publish in The Aspen Times on August 19, 2000
PARCEI 16112737 073 10001 J 4eDAT RCVD. 4/24/00 s's„,,i #COPIES: I CEASE NO A054-00' f
CASE NAME Reich Stream Margin Amendment#2 and ADU
PROJ A®DR 375 N. Spring St CASE TYP Stream Margin Amendment,ADU STEPS
p m�`
OWN/APP: DCR Family Limited ADR 1873 S. Bellaire St.,# j C/StZ Denver/CO/80222 RHN:
AREP., Alan Richman ADR Box 3613 7 C/S/Z: Aspen/CO/81612 PHN'I 920-1125 j
• FEES DUE 480 D 170 H 170 E 9 ,_. FEESRC1/D.820 S=TAT
REFERRALS §
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SEEP^26_2HHD, d:56-th rn nn ir • NO.234 F.e/3
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NOTICE OF DECISION
TO: Julie Ann Woods,Community Development Director
Joyce Ohlson, Deputy Director
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FROM: Fred Jarman,Planner
RE: Denise Reich Amendment of a Development Order
DATE: September 18,2000
UMMAILYI
The applicant,Denise Reich,requests an Amendment to a Development Order for an
administrative approval for Stream Margin Exemption and Accessory Dwelling Unit
Identification cation Number 2737-07340001,f property located at 375 North Spring and 9, Block 1 of the Oklahoma Street,
Addition,Aspen, Co 81611.
REviEw PROCEDCILE:
26.430.090(A)Insubstantial Amendment of development order.
An insubstantial amendment to an approved development order may be authorized by the
Community Development Department Director. An insubstantial amendment shall be
limited to technical or engineering considerations first discovered during actual
development, which could not reasonably be anticipated during the approval process. An
insubstantial amendment shall include a change to the design of approved off-street
parking or to the configuration of a.trash/utility service area. An insubstantial amendment
shall not include:
1. Any increase in a dimensional requirement established by special review.
2. Any decrease in the number of off-street parking spaces established by •
special review.
3. Any decrease in the size of a utility/trash service area established by
special review,
4, Elimination of any represented feature, such as provision of a trash
compactor or the number of trash bins, which was approved by special
review.
L REVtous LAND USE ACTION:
> The Community Development Director approved a land use application for a
Stream Margin Review Exemption and an Accessory Dwelling Unit for the
Reich property on June 20, 2000 located at 375 North Spring Street with
conditions.
STAFF COMMENTS:
The applicant received Stream Margin Exemption and ADU approval through an
administrative action by the Community Development Director on June 20, 2000
which included a condition(Number 22)which stated:
I IIIll 11111 IIIlI IIll
II 1111111 111111 Ill I1II 1111 IIII
447471 09/28/2000 02:22P. NOTICE DAVIS SILVI
1 of 2 R 10.00 D 0.00 N 0.00 PITKIN COUNTY CO
SLR EP L3 6200. 0101,8? 0AM PM rr►n t'lu' N0.234 P.3/3
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22. On October 28, 1998, the applicant paid a fee of$12,685,20 in housing impact
mitigation fees in order to move the residence on the property. It is the
understanding of the Community Development Department that this fee of
$12,685.20 paid in cash-in-lieu for the housing impact mitigation fees shall be
refunded to the applicant after a certificate of occupancy has been issued for the
now accessory dwelling unit;
Upon fbrther Staff review and detailed discussion with the applicant, Staff finds that this
condition may be removed from the act of required conditions of approval to be fulfilled
by the applicant as approved by the Community Development Director on June 20,2000.
At such time when a building permit is ready to be issued for a new dwelling unit,the
growth management mitigation must be paid or the appropriate deed restriction placed on
the property prior to building permit issuance. .Mitigation fees are subject to change, and
the fees in effect at the time of building permit issuance will apply.
COMMUNITY DEVELOPMENT DIRECTOR DECIsioN,
The Conununity Development Director finds this Insubstantial Amendment to a
Development Order to be consistent with the review criteria, and hereby approves the
amendment on this 20th day of September, 2000 contingent upon compliance with the
conditions stated herein and required for this approval.
�� 'SSA
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Applicant's Signature of Agreement 6
J Ann Woods, Community Development Director 44,"cy,,
Attachments: Insubstantial Amendment dated June 20, 2000,
1111111111111111111111111111111111111111111111111111111
447471 09/28/2000 02:22P NOTICE DAVIS SILVI
2 of 2 R 10.00 D 0.00 N 0.00 PITKIN COUNTY CO
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NOTICE OF APPROVAL
To: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director 1 111111 11111 111111 11111 11111 1111 1111111 III 11111 11L Iiii
FROM: Fred Jarman, Planner K., 445796 08/04/2000 10:26A NOTICE DAVIS SILVI
1 of 7 R 35.00 0 0.00 N 0.00 PITKIN COUNTY CO
RE: Reich Stream Margin Amendment #2 And Accessory Dwelling Unit
DATE: June 20, 2000
APPLICANT: DRC Family Limited t}'1' , Ib '`` .. _s ' "'
Partnership , i.l�,, 6 ,i �'f .` j s
Denise Reich, Owner �: 'I'r i+i ' ,'' t` ti°
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REPRESENTATIVE: Alan Richman, ti 1 �' i E
Alan Richman 1 1t Y ' ''.
Planning Services : i ` _ , ,.,; .l
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PARCEL ID: 2737-073-10-001 ' •
ADDRESS: 375 North Spring
Street, Aspen, Colorado = ..—
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81611 .�
W view o property from Spring Street howing
ZONING: R-30, Low Density Residential access onto property, three temporary structures, and
CURRENT LAND USE: corner where the proposed ADU will be located.
Undeveloped lot with three
unoccupied structures.
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PROPOSED LAND USE: a 41,- «fit ` ,,,: r}t, ,, ` S "`
Y 2 F . +3
Stream Margin Amendment and '/ x ;?r ��`A;4.6; . r , .,.3'Accessory Dwelling Unit(ADU). :*,z,y, V r �`` 1.`,,'{ + '- :4 t�, : ' 1,,
4 s it A t:, .j S t 7: E;. tioi; [ P` 3 'ij
REVIEW PROCEDURE: Lt ;` S 1 t .1\ ‘1,-,..1 � ` L� s
Stream Margin Amendment. The ' F ' ` 5. ;"Ill ;-1":..,‘,,,.11 $;!, y .. f
i 1s,.t� } J�r • a i � }y r' .1 2 r` i i.�• . ht'�
Community Development Director may .i" ir:' 1� 1 ' ; ^ .. 1 t, / i1!
�f y � �'? �11 f i t'; r'�T�n
t itt.l' E` ,mac_ _"rill. i ".-1..1 r .1: A d: i l k
approve this amendment to the original `I . ti- c3 ` .., Y =',%:;;*' , i�
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Steam Margin Review adopted in 1990 `« 1 � ,,.,.,••.. 1 0'7.`1;-",7_; 13 r _. # ti'
via Resolution 90-5 and amended in 1998. 1. r,'4y,-., -°11,1---.'c,,�,1/2,,� , t 4,,
However, this amendment shall meet all - : I5 1 . ,, y 4 , .�,�=—,,<;,..-- --
additional criteria adopted subsequent to r.',1 "°;. ,, s ' ^a'" r,�
the adoption of the original Stream °-: P
Margin Review in 1990. ; ,.-,I. .4`3 ;;
North view of property from North Spring Street
The Community Development Director showing Aspens along easterly property line and
shall approve, approve with conditions, or cabin type structure on center of lot.
disapprove a land use application for an
Accessory Dwelling Unit.
1111 IIII 44 /022A NODAVSLVI
2 of 7 R 35.00 D 0.00 N 0.00 PITKIN COUNTY CO
STAFF COMMENTS:
The applicant, Denice Reich, represented by Alan Richman of Richman Planning Services,
wishes to amend a previously approved Stream Margin Review approval and construct an
Accessory Dwelling Unit (ADU) on her property located in the Oklahoma Flats Addition
immediately adjacent to the Roaring Fork River. This property is partially located in the 100-
year floodplain thereby requiring a land use review for development within an environmental
sensitive area. The majority of development will take place within a building envelope that
received stream margin approval from the Aspen Planning and Zoning Commission on
February 20, 1990 pursuant to Resolution 90-5. City Council granted vested rights status on
June 1 1, 1990 pursuant to Ordinance 90-35. The vested rights expired in June 1993.
In 1998, the applicant submitted an application for a Stream Margin Amendment, requesting
that the City permit the applicant to relocate an existing residence that had been scheduled for
6,ruolition. The City granted this approval via administrative action on August 24, 1998.
The residence has since been placed on this property, although it has never been made
.,citable for occupancy. On a recent site visit, two other smaller"storage structures" also
cunciitly exist on the property. All of these structures will be removed prior to construction
on a proposed residence.
The City determined the administrative Steam Margin Amendment approved in 1998 remains
in full force and effect subject to any changes in the Aspen Land Use Code subsequent to the
expiration of the property's vested rights. Therefore, prior to any development, the applicant
shall comply with the original review standards and conditions of approval required in 1990
as well as any newly adopted changes made to the Stream Margin Review criteria.
During staff review, several issues arose regarding 1) the proposed development of a
flagstone patio outside of the building envelope 2) the type of sod and landscaping proposed
for the river side of the development 3) and the proposed extension of an existing berm
located partially on the applicant's property and partially on her neighbor's property along
the westerly property line.
The applicant originally proposed a flagstone patio to extend roughly 350 sq. ft. outside of
the established building envelope. Section 26.575.110 indicates other than "approved
plantings," all areas outside of a building envelope shall remain in pristine and untouched
condition unless approved by the Community Development Director.
Staff is willing to allow a flagstone patio, which extends beyond the existing building
envelope that is 1) constructed at grade and 2) limited to 150 sq. ft. in total patio area.
Additionally, this patio is allowed contingent to any landscaping that is placed outside of the
building envelope be restricted to "native grasses." The portion of"sod" indicated on the
currently proposed site plan must be of native grass species on all areas outside of the
building envelope on the stream side.
The landscaping and sod as proposed may be allowed according to Section 26.575.110 that
indicates, "approved plantings" of landscaped materials on natural grade may occur outside
the building envelope. Staff indicates any landscaping proposed on the stream side of the lot,
outside of the building envelope, shall be restricted to native grasses. This is allowed
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because it will be or result in a marked improvement to current site conditions. Further,
o a o pursuant to Section 26.435.040 (C)(10) new plantings including trees, shrubs, flowers, and
grasses outside of the designated building envelope on the riverside shall be limited to native
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o Y riparian vegetation. Staff indicates this shall be followed strictly as indicated above for the
=u d purpose of protecting existing riparian vegetation and bank stability.
—2 The applicant entered into an agreement on August 3, 1990 with the City Engineering
_,�Z Department, which established a reduction in the N. Spring Street reservation on the easterly
�m property line from 20' to 8' in exchange for the denial of use of the "Francis Street"
�r4 m easement, which had been intended as the primary residential access to the lot. As a result of
.-- o this agreement the Francis Street easement will be used for a drainage swale maintained by
4•11111�3 the City Engineering Department. Staff finds that this decrease in the reservation area
gi dedication shall be accurately reflected and recorded with a final plat that shall be recognized
_ and signed by the City Engineering Department.
mow in o Further, the applicant has been working closely with the Parks Department to determine
whiLii trees on the property would be required to remain on the property and which could be
removed to permit construction to occur. The Parks Department issued the tree removal
permit on 12 /15 /99.
Included in the application is a site plan/landscape plan that is based on the discussions held
with the Parks Department. It clearly shows the trees that will be preserved, as required by
the Parks Department. It also shows that no disturbance will occur in an area that is fifteen
feet (15') back from the top of the bank. In fact, the building envelope, as established in
1990, is fully 35' from the edge of the property, which is well beyond the limits of the
riparian area and the floodplain. Finally, it shows the other trees that will remain On the
property, and the trees that will be planted. The new trees have been planted in a manner that
will screen the residence from neighboring properties, while also helping to reforest the
property.
The Applicant will provide the Parks Department with receipts for the new trees that are
planted, to verify the amount spent on landscaping. It is our understanding that these
expenditures will be credited toward the tree mitigation fee of$37,719.80 that has been
imposed by the Parks Department as a condition of the tree removal permit.
With respect to the setback (building envelope) from the top of the(slope, the applicant
indicates that the original setback was set at 35', which is well beyond the limits of the
riparian area and floodplain. Currently, the code (Section 26.435.040 (C)(8) indicates that:
There is no development other than approved native vegetation planting
taking place below the top of slope or within fifteen (1 S)feet of the top
of slope or the high waterline, whichever is most restrictive. This is an
effort to protect the existing riparian vegetation and bank stability;
The applicant indicates that the site plan depicts the high waterline and the top of the stream
bank, both of which are located quite close to the property boundary. The site plan also
shows the 15' setback from the top of the slope, which has been labeled as the "untouchable
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aarea(to be protected by a fence)." No development shall take place in this area. Existing
a trees in the area are shown.as remaining and no new trees will be planted in this area, in
m" z conformance with the direction provided by the Parks Department.
= Additionally, the landscaping on the site plan submitted by the applicant must comply with
/ Section 26.435.040 (C)(10), which indicates:
m
Z A landscape plan is submitted with all development applications. Such
�m8 plan shall limit new plantings (including trees, shrubs, flowers, and
OI grasses) outside of the designated building envelope on the river side to
° native riparian vegetation;
The applicant has submitted a site /landscape plan which is described above. The Applicant
Wa-il Ix agrees that new plantings outside of the building envelope on the river side of the property
- N will be limited to native riparian vegetation. Disturbed areas will be stabilized with sod and
MIMI IS ° native grasses.
CONDITIONS OF APPROVAL
The Community Development Director approves this land use application for a
Stream Margin Review Amendment and Accessory Dwelling Unit for the Reich
property located at 375 North Spring Street with the following conditions:
1. That the applicant receives approval from the City Engineering Department for design of
improvements, including grading, drainage, transportation/streets, landscaping, and
encroachments within public right of way;
2. That the applicant receives approval from the Parks Department for vegetation species
and for public trail disturbance;
3. That the applicant receives approval from the Streets Department for mailboxes, finished
pavement, surface materials on streets, and alleyways;
4. That the applicant obtains right-of-way permits for any work or development involving
street cuts, landscaping, or other disturbance, including during construction from the City
Engineering Department;
5. That if there are any encroachments into the public rights-of-way, the encroachment must
either be removed or be subject to current encroachment license requirements;
6. That the applicant submits a utility plan prior to the issuance of a building permit;
7. That a drainage report be submitted with the application prior to application of building
permits. The site development approvals must include the requirement meeting runoff
design standards of the Land Use Code at Sec. 26.580.020.A.6.a and a requirement that,
prior to the application of a building permit, a drainage mitigation plan (24"x36" size
plan sheet or on the lot grading plan) must meet the requirements of the Engineering
Department Interim Design Standards and must be submitted for review and approval by
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�.�.= the Engineering Department. The mitigation plan must also address the temporary
sediment control and containment plan for the construction phase. The foundation
z drainage system should be separate from storm drainage, must be detained and routed on
o el site, and must be shown on drainage plans prior to application for building permit. The
Mdrainage may be conveyed to existing landscaped areas if the drainage report
®o m demonstrates that the percolation rate and the detention volume meet the design storm;
STEWZm
z 8. The proposed flagstone patio on the river side of the house is outside of the building
envelope. Construction outside the building envelope is not allowed. However, at the
Mr4 m discretion of the Community Development Director pursuant to Section 26.575.1 10, it
0 will be allowed to exist partially beyond the building envelope and shall not exceed 150,
Mx sq. ft. in total area and shall be constructed at grade. This patio is allowed contingent to
all landscaping placed outside of the building envelope be restricted to "native grasses."
n—I ix The portion of"sod" indicated on the currently proposed site plan must be of a native
grass species on all areas outside of the building envelope on the stream side;
Nom 4.1 o
`t 9. The proposed extension of the existing berm located on the southerly property line is
outside of the building envelope. This extension is prohibited. Construction of
landscaping outside the building envelope located along the proposed berm line is subject
to approval. The berm extension is therefore not approved as a part of this lot
redevelopment;
10. The applicant shall not track mud onto city streets during construction as required by City
Streets Department. A washed rock or other style mud rack must be installed during
construction;
11. A tree removal permit has been approved on December 15, 1999. Under this permit it has
been stressed that the "Group B" trees are not to be removed. Moreover, total mitigation
amount of$37,719.80 must be met in full within the property through a planned out and
thorough Landscape Design by a professional Landscape Architect or designer. There are
many areas within the property, which will be required to remain as native vegetation,
most importantly the riparian corridor along the river. The applicant must provide this
landscape design to the Natural Resources Manager for review well in advance of
completion of the project. Full mitigation must be met on site or must be paid in cash-in-
lieu to the City Reforestation Fund. Receipts of all TREE installation must be kept and
verified;
12. The applicant must provide Tree Protection Fencing in the form of Chain Link Panel
Fencing around the drip line of all vegetation to be saved on site. The applicant MUST
call the City Forester for an inspection of this fencing before ANY construction
activities begin. No excavation, storage of materials, or any other use will occur within
this zone during construction activities;
13. Construction and Silt Protection Fencing MUST be placed along the Stream Margin area
for protection of the Roaring Fork River Corridor BEFORE any construction activities
are to begin. No activities (except perhaps restoration) shall occur within this protection
zone. The applicant is required to submit a detailed riparian fencing plan detailing the
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protected area along the riverbank prior to the application of building permits. City
ammo Forester must be called for an inspection before any construction activities begin;
°v
- z 14. No certificate of occupancy shall be issued before all requirements are met;
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15. There is an infringement of the drip line of the "Group A" tree near the driveway. This
MEM 6.4
NEN'$ea needs to.be corrected in the design;
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■■� z 16. The applicant shall submit a copy of the soils report to the Parks Department prior to
=i a application of building permits;
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MI°� right-of-way 17. A landscaping permit is required for all landscaping in the p ublic right of
way and is subject to approval by the Parks Department prior to the application of
building permits;
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o'Oi :S. Right-of-way permits and Encroachment Licenses will be required during construction if
° ,.dplicable;
limmils!Aso
19. Upon recommendation from the City of Aspen Engineering Department, the applicant
may use the Francis Street right-of-way for drainage via sheet flow of natural storm water
run off from the property. Additionally, as per recommendation by the City of Aspen
Engineering Department, the applicant shall place adequate vegetation placed between
the proposed residence and the Francis Street right-of-way so that sufficient filtering may
occur. In no way shall piped water flow be directed into the Francis Street right-of-way
from the applicant's property;
20. A full soils report and drainage report are needed before the application of building
permits;
21. This amendment to the reservation area dedication, which established a reduction in the
N: Spring Street reservation from 20' to 8' in exchange for the denial of use of the
"Francis Street" easement for a primary residential access, shall be legally recorded and
signed on the final plat by the City Engineering Department as a condition for approval
for this Stream Margin Review Amendment prior to the application of building permits.
Additionally, all conditions and understandings entered into between the applicant and
the City Engineering Department on July 30, 1999 shall remain in full effect;
22. On October 28, 1998, the applicant paid a fee of$12,685.20 in housing impact mitigation
fees in order to move the residence on the property. It is the understanding of the
Community Development Department that this fee of$12,685.20 paid in cash-in-lieu for
the housing impact mitigation fees shall be refunded to the applicant after a certificate of
occupancy has been issued for the new accessory dwelling unit;
23. That the applicable deed restriction for the ADU be accepted by the Aspen/Pitkin County
Housing Authority and is recorded prior to an application for a building permit.
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a 5 COMMUNITY DEVELOPMENT DIRECTOR DECISION
mom-I
Z . The Community Development Director finds the Stream Margin Review Amendment and the
Accessory Dwelling Unit to be consistent with the review criteria, and hereby approves the
011001 VI
MGM-a= exemption on this J 'Ziay of June, 2000 contingent upon compliance with the conditions
Wail stated herein and required for this approval. *
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Applicant's Signature
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-• ie Ann Woods, Community b evelopment Director
*SUPPORTING DECISION DOCUMENTATION REQUIRED AS PART OF THIS DECISION OF
APPROVAL CONSISTING OF THE ATTACHMENTS LISTED BELOW MAY BE FOUND IN
THE CORRESPONDING LAND USE FILE AT THE CITY HALL.
ATTACHMENTS:
Exhibit A -- Review Criteria & Staff Findings
Exhibit B -- ADU Notice of Decision and ADU Design Standards Checklist
Exhibit C -- Proposed ADU Floor Plan
Exhibit D -- Proposed Site Plan showing designated ADU Parking Space
Exhibit E -- Parcel 2737-073-10-001 Location and Vicinity Map
Exhibit F -- Photo Documentation of Parcel
Exhibit G -- Application Letter
>1 Pia li, ' sews
Vox 3613 ,logic,, edetutda 81612 P t cc/�ax (970) 920-1125
April 24, 2000
Mr. Chris Bendon, Senior Planner
Aspen/Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE:REICH STREAM MARGIN AMENDMENT#2 AND ACCESSORY DWELLING UNIT
Dear Chris,
I represent the DCR Family Limited Partnership (hereinafter, "the Applicant"), the owner
of an undeveloped parcel of land located adjacent to the Roaring Fork River in the City of
Aspen. Authorization for Alan Richman Planning Services to submit this application on
behalf of the Applicant is provided by Exhibit #1.
The subject property is legally described as Lots 8, 9, 10, and 11, and the north 1/2 of Lot
7, Oklahoma Flats Addition to the City and Townsite of Aspen. Its address is 375 North
Spring Street. Denice Reich acquired this property from her brother, Richard Volk, in
August, 1990 (see the special warranty deed, attached as Exhibit #2). In 1996, Ms. Reich
quit claimed the property to the DCR Family Limited Partnership, for which Ms. Reich is
the managing partner (see the quit claim deed, attached as Exhibit #3).
The Applicant intends to develop a single-family house and an accessory dwelling unit on
the property. The development will all take place within a building envelope that received
stream margin approval from the Aspen Planning and Zoning Commission on February 20,
1990, pursuant to Resolution 90-5 (attached as Exhibit #4). Vested rights status was granted
by the City Council on June 11, 1990, pursuant to Ordinance 90-35 (attached as Exhibit #5).
These rights were never extended, and so the vested rights expired in June, 1993.
The original stream margin approval was actually granted to two parcels. One of the parcels
was subsequently sold and developed. The other parcel is the subject property, which has
remained essentially undeveloped.
In 1998, the Applicant submitted an application for a Stream Margin Amendment
(hereinafter, Amendment #1), requesting that the City permit the Applicant to relocate an
existing residence that had been scheduled for demolition. The City granted this approval
via administrative action on August 24, 1998 (see Exhibit #6). The residence has since been
placed on this property, although it has never been made suitable for occupancy. It will be
removed before construction is initiated on the proposed residence.
• •
Mr. Chris Bendon
April 24, 2000
Page Two
In processing Amendment #1, the City made the determination that the original stream
margin approval granted in 1990 remained in full force and effect, subject to any changes
in the Aspen Land Use Regulations that had occurred since the expiration of the property's
vested rights. In discussions I have held with you as part of the pre-application conference
for this project, (as documented in the Pre-Application Conference Summary, attached as
Exhibit #7)you confirmed that this remains the City's position today. Therefore, before the
proposed development can occur, it is necessary for the Applicant to demonstrate that it will
comply with the original conditions of approval placed on the stream margin review in 1990,
and the additional stream margin review criteria that have been adopted since that time.
The following sections of this letter address the prior conditions of approval and the new
stream margin review criteria. A final section of the letter addresses the standards for
review of accessory dwelling units.
Prior Conditions of Approval
Resolution 90-5 established the following conditions of approval for the stream margin
review for this property:
1. The applicant shall file with the Pitkin County Clerk appropriate documents regarding
foundation design requirements for future development on each parcel, the forms of
which shall satisfy the City Attorney and the City Engineer. The documents shall be in
the form of graphic representation as well as deed restriction.
Response: This document has previously been filed and is included in this application as
an attachment to Exhibit #8.
2. Prior to development of the parcels, the developer(s) will be required to submit to the
Engineering Department a description of proposed construction techniques to be used to
insure against erosion and stream pollution.
Response: A description of the proposed construction techniques will be submitted in
conjunction with the application for a building permit.
3. A landscaping plan indicating existing vegetation and proposed landscaping for each
parcel shall be submitted for approval to the Parks Department prior to issuance of a
building permit.
Response: The Applicant has been working closely with the Parks Department to
determine which trees on the property would be required to remain on the property and
which could be removed to permit construction to occur. A copy of the tree removal permit
issued by the Parks Department on 12/15/99 is attached as Exhibit #9.
•
Mr. Chris Bendon
April 24, 2000
Page Three
Included in this application is a site plan/landscape plan that is based on the discussions held
with the Parks Department. It shows that the trees labeled as "A" and "B"will be preserved,
as required by the Parks Department. It also shows that no disturbance will occur in an area
that is fifteen feet (15') back from the top of the bank. In fact, the building envelope, as
established in 1990, is fully 35' from the edge of the property, which is well beyond the limits
of the riparian area and the floodplain. Finally, it shows the other trees that will remain on
the property, and the trees that will be planted. The new trees have been located in a
manner that will screen the residence from neighboring properties, while also helping to re-
forest the property.
The Applicant will provide the Parks Department receipts for the new trees that are
planted, to verify the amount spent on landscaping. It is our understanding that these
expenditures will be credited toward the tree mitigation fee of $37,719.80 that has been
imposed by the Parks Department as a condition of the tree removal permit.
4. The applicant shall dedicate a fisherman's easement from the centerline to five feet
(measured horizontally) above the high water line of the Roaring Fork River.
Response: As shown on the improvements survey submitted with this application, this
easement has previously been dedicated at Book 638, Page 76.
5. A F.E.M.A. Elevation Certificate shall be required prior to issuance of a building permit.
Response: The Applicant will obtain this certificate as required.
6. The Spring Street Reservation shall be filed with the Pitkin County Clerk prior to
issuance of a building permit.
Response: The street reservation has been recorded and is attached as Exhibit #8.
It should be pointed out that subsequent to the recordation of the reservation, the City
Engineer approached the Applicant to discuss certain changes the City wished to make to
it. In a meeting held on June 30, 1999, the City Engineer determined that the public right-
of-way known as Francis Street, which was to have been the Applicant's primary access to
the residence, would instead be used by the City for a drainage swale. Therefore, in return
for eliminating this access way, the City agreed to reduce the width of the North Spring
Street reservation, from 20' to 8'.
A letter from the City Engineer documenting these requirements is attached as Exhibit #10.
The Applicant has shown the location of the new easement on the proposed site plan,
(which will be a recorded document following its approval by the City) and agrees to file the
necessary easement document to the benefit of the City.
•
•
Mr. Chris Bendon
April 24, 2000
Page Four
New Stream Margin Review Criteria
Section 26.435.040 B. of the Aspen Land Use Code provides the criteria for review of all
development within the stream margin of the Roaring Fork River. Criteria 1 through 8 of
that section were in effect in 1990, when the original approval was granted and have,
therefore, already been satisfied for this property. Criteria 9 through 14 are new, and need
to be addressed herein. The Applicant's responses to these criteria are as follows:
9. There is no development other than approved vegetation planting taking place below the
top of slope or within 15 feet of the top of slope or the high waterline, whichever is most
restrictive. This is an effort to protect existing riparian vegetation and bank stability. If
any development is essential within this area, it may only be approved by special review
pursuant to Section 26.64.040 (D).
Response: The site plan depicts the high waterline and the top of the stream bank, both of
which are located quite close to the property boundary. The site plan also shows the 15'
setback from the top of the slope, which has been labeled as the "untouchable area (to be
protected by a fence)". No development will take place in this area. Existing trees in the
area are shown as remaining and no new trees will be planted in this area, in conformance
g P
with the direction provided by the Parks Department.
10. All development outside the 15 foot setback from the top of slope does not exceed a
height delineated by a line drawn at a 45 degree angle from ground level at the top of
slope. Height shall be measured and determined by the Zoning Officer, utilizing that
definition set forth at Section 26.04.100.
Response: A site section has been provided on the site/landscape plan, as required by
criterion 13. The site section demonstrates that the proposed addition will not exceed the
height delineated by a line drawn at a 45 degree angle from ground level at the top of slope.
The site section shows the top of the bank, the 45 degree angle from ground level, and the
proposed residence. This drawing shows that all of the proposed development will occur
well below the line drawn at the 45 degree angle.
11. A landscape plan is submitted with all development applications. Such plan shall limit
new plantings (including trees, shrubs, flowers and grasses) outside of the designated
building envelope on the river side to native riparian vegetation.
Response: The site plan/landscape plan is attached, and has been described above. The
Applicant agrees that new plantings outside of the building envelope on the River side of
the property will be limited to native riparian vegetation. Disturbed areas will be stabilized
? - —--
with sod and native grasses. - ----` -----
wi
v
• •
Mr. Chris Bendon
April 24, 2000
Page Five
It should be pointed out that the site plan shows a small flagstone patio that the Applicant
plans to build outside of the building envelope on the river side. This patio will be built at
grade. It will be located well back from the fifteen foot setback area from the top of the
bank, and will also be outside of the limits of the riparian area.
12. All exterior lighting is low and downcast, with no lights directed toward the river or
located down the slope.
Response: The Applicant agrees to comply with this standard.
13. Site sections drawn by a registered landscape architect or engineer are submitted showing
all existing and proposed site elements, the top of slope and pertinent elevations above
sea level.
Response: These site sections have been provided and have been described under criterion
10, above. The pertinent elevation above sea level is also shown.
14. There has been accurate identification of wetlands and riparian zones.
Response: The improvements survey which has been provided as part of the application
package accurately identifies the top of the bank and the high waterline.
Standards for Review of Accessory Dwelling Unit
Section 26.470.070 B of the Aspen Land Use Code states that development of a single-family
residence is exempt from the growth management scoring and competition procedures,
provided the applicant develops an accessory dwelling unit, pays an affordable housing
impact fee, or records a resident-occupancy deed restriction on the single-family residence.
The Applicant intends to develop a two bedroom accessory dwelling unit on the property,
in the location shown on the site plan.
It should be pointed out that on October 28, 1998, the Applicant paid a fee of $12,685.20
in lieu of building an accessory dwelling unit on the property (see Exhibit #11, which is a
copy of the receipt from the Community Development Department). This fee was paid in
order to obtain the permit to move the residence onto the property. The Applicant hereby
requests that when a building permit is issued for the accessory dwelling unit, the City refund
this cash-in-lieu payment
Ordinance 44, Series of 1999, established new standards and procedures for the review of
accessory dwelling units in the City of Aspen. The Applicant's responses to the standards
in this new ordinance are as follows.
• •
Mr. Chris Bendon
April 24, 2000
Page Six
1. An ADU must contain between 300 and 800 net livable square feet, 10% of which must
be a closet or storage area.
Response: As shown in the attached floor plan, the ADU will contain approximately 800
square feet. As the floor plan illustrates, more than 10% of this area will be dedicated to
closets or storage.
2. An ADU must be able to function as a separate dwelling unit. This includes the
following:
(a) An ADU must be separately accessible from the exterior. An interior entrance to
the primary residence may be approved by the Commission, pursuant to Special
Review.
Response: The ADU will be detached from the main residence and will have its own
entrance.
(b) An ADU must have separately accessible utilities. This does not preclude shared
services.
Response: The utilities for the ADU will be separately accessible.
(c) An ADU shall contain a kitchen containing at a minimum, an oven, a stove
with two burners, a sink, and a refrigerator with a minimum of 6 cubic feet of
capacity and a freezer.
Response: The Applicant agrees to provide all of these facilities in the unit, as shown in
the attached floor plan.
(d) An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet,
and a shower.
Response: The Applicant agrees to provide all of these facilities in the unit.
3. One parking space for the ADU shall be provided on-site and shall remain available for
the benefit of the ADU resident. The parking space shall not be stacked with a space
for the primary residence.
Response: The site plan shows the parking proposed for the property. One space is
shown along the edge of the property, which will be for the ADU. In addition, two spaces
are shown in the garage for the main residence, along with two stacked spaces for visitors
to this residence.
1111 •
Mr. Chris Bendon
April 24, 2000
Page Seven
4. An ADU shall be located within the dimensional f o requirements the zone district in
q
which the property is located.
Response: The ADU has been drawn to comply with the applicable dimensional
requirements of the underlying R-30 zone district.
5. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU.
If the entrance is accessed via stairs, sufficient means of preventing snow and ice from
accumulating on the stairs shall be provided.
Response: The ADU will be designed to comply with these requirements.
6. ADU's shall be developed in accordance with the requirements of this title which apply
to residential development in general. These include, but are not limited to, the Uniform
Building Code requirements related to adequate natural light, ventilation,fire egress,fire
suppression,_ and sound attenuation between living units. This standard may not be
varied.
Response: The Applicant will comply with this standard.
7. All ADU's shall be registered with the Housing Authority and the property shall be deed
restricted in accordance with Section 26.520.070, Deed Restrictions. This standard may
not be varied.
Response: The Applicant will submit this deed restriction prior to issuance of a building
permit for construction on the property.
I believe that the above information represents all of the materials requested during the pre-
application conference and provides responses to all of the applicable standards of the
Aspen Land Use Code. Should any reviewing agency request additional information, or
need for us to clarify any of the statements made herein, we will respond in a timely manner.
Please feel free to contact me as necessary.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
Alan Richman, AICP
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SITE SECTION
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•
EXHIBITS
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.. . . , .
,..7....:,...,,.....,,. ..._.......; EXHIBIT #2
..,•,.„:, , .
...: - .. , . #329738 01/23/91 10:18 Rec $5.00 BF( 638 PG 317
Recorded at • -
...- , -..., " Silvia Davis, Pitkin Cnty Ciert., Doc $.0o .. •-.
., . ..- Reception No. - -. .
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SPECIAL WARRANTY DEED
1 . .
• THIS DEED,mad,In's 3rd az,or August .1990
.: •. , .
...d., • . ,,C) no.. Richard W. Volk, Trustee UTA dated '
•
. . • 41Z?arch 10, 1984
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County of Pitkin .State of Coheado.wanton SC and
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.spenice C. Reich
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whose legal address is Suite 200, 3801 E. Florida,
C40 Denver, Colorado 80210
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,-.. •‘■the- County of .State of Colorado.gmeggEg 3 ' .
, . •.. . . . - ' grantee:
I
0• WITNF.SSETH.That the grantorfal.for and in considaation of the!CM a Ten Dollars ($10.00) and
Mrezother good and valuable considerations XMOUOING. • ir-
• .
the receipt and sufficiency of which is hereby acknowledged.ha S granted.baPined.sold and conveyed.and hy these presents do e S grant.
• -`,. / f.t) Z bargain,sell.convey and confirm,unto the petunia( her heirs aed assigns foreva.all the real peoperty.together with improvements.
. . - 04 Z .
0 Ai if any.situate,lying and being in the County of Pitkin .State of Colorado. ..:
'
U r- . described as follows:
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c. .;.1 :..'k •'-z.-
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. . - , (...) 1...., -•40..... Lots 8, 9, 10, 11 and the North half of •
. x Lot 7, Block 1, Oklahoma Flats Addition, 1. A
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City of Aspen, Pitkin County, Colorado . I
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1 :; TOGETHER with all and singular the Nadkarni:Ms and appunenances thereto belonging,or in anywise appertaining.and the reversion and .
• "i i reversions.remainder and remainders.rents.issues and profits thereof;and all the estate.right,title.interest,claim and demand whatsoever of the -. .
grantoosi,either in law or equity,of.in and to the abuse bargained premises.with die hereditaments and appurtenant-v.:
.- TO HAVE AND TO HOLD the said eternises ahem bargained and desert/led with the appurtenances.unto the pranteel4L her heirs and
. 7
'• ." t :,i assigns forever.The panicle.for h iM se f•.•his heirs and pennant repiesentatises or sucressOn.yhta°Palnant and agree that
:.• ' i he shall and will WARRANT AND FOREVER DEFEND the abom-bargained members in the quiet and peaceabk possession of the grantee03. .
•.i her heirs and assigns.against all and men person or per claiming the whole or any part thereof.hy.through or under the
— ' k • IN WITNESS WHEREOF.the granule Is S euxused this doal on the c/a'fora
•- . i :'■ 'Li'' 1 11?
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Richard W. Volk, Trustee ,
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1 -UTA dated March 10. 1984
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STATE OF COLORADO - -
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Counts of Pitkin S.
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The foregoing instrument was acknowledged before me this Iwo'. August' .N 90.
4
. H by Richard W. Volk, Trustee UTA dated March 10, 1984. . --./nA:" - iikl • •
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.1 . ***grantor, except and subject tO Witness my haw]and official seal.
- -"' ,i- . ..
• •Agreement of Dedication/1p Restric— %I-matmassima camas 3 e'i . ., ..
. • tion recorded in Book i• at page
7Z of the Pitkin Coun recards
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.
. . . .
EXHIBIT#3
Recorded at_ _o'clock _M., •
Reception N . Recorder
QUITCLAIM DEED
THIS DEED,Made this 261'6 day of JUNE ,19 o-6,
between DENICE C. "REICH •
• of the City and 'County of Denver and State of
Colorado,gnnlor(s),and DCR FAMILY LIMITED PARTNERSHIP
whose lepladdrenis 1873 South Bellaire Street, 0700 —
Denver, Colorado 80222
of the City and County of Denver and State of Colorado,granlee(s).
WITNESSETH,That the grantor(s),for and In consideration of the turn of Ten and other good and
valuable consideration Dollars
the receipt and aumciency of which is hereby acknowledged,he 8 remised,released,sold and QUITCLAIMED,and by
these presents do e B remise,release,sell and QUITCLAIM unto the grantee(s). its heirs,succsuora and wipe,
• forever,all the right,title.interest,claim and demand which the grantors)ha s in and to the real properly,together with
improvements,If any,situate,lying and being In the County of P i tk in and State of
Colorado,described as follows
Lots 8, 9, 10, 11 and the North half of Lot 7, Block 1,
Oklahoma Plats Addition, City of Aspen, Pitkin, County,
Colorado.
394E44 07/11/96 04:33P PO 1 OF 1 REC DOC UCC
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 6.00 0.0+0
also known by street and number as:
■asessot's schedule or panel number:
TO HAVE AND TO HOLD the lame,together with all and singular the appurtenances and privileges thereunto belonging or in
anywise(hereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantor(s).either In law or equity,
to the only proper nee,benefit and behoof of the grantee(s) its heirs and assigns forever,
IN WITNESS WHEREOF,The grants a)ha S executed this deed on the date net forth above,
en ce e c ••3031b4S
STATE OF COLORADO, t•t •C
•
County of Denver I ,
The foregoing Instrument was acknowledged before me this 26TH day of NE S'
MINE '1996 ,
by Denice C. Reich.
My commission expires N I Witne end an. •llciaL ,'
►.A1, 1 A
Mary a. e
•
'If in Denver,Insert"City and". '� t
Name aei Adreu arbra.ClaVeer Y ear T`ao■wTir- co,
No 933.Rer.1.94. QVITCtd1M Veep ®
M005,4 Pablbbtna t743 Waste St.,Dean?,CO 1020)—(301)291-7700—e.91
0 9
EXHIBIT #1
Ms. Julie Ann Woods, Community Development Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: REICH PROPERTY LAND USE APPLICATIONS
Dear Ms. Woods,
I hereby authorize Alan Richman Planning Services to act as my designated representative
with respect to the land use applications being submitted to your office for my property,
referred to as Lots 8, 9, 10, 11, and the north half of Lot 7, Block 1, Oklahoma Flats
Addition to the City of Aspen. Alan Richman is authorized to submit land use applications
to confirm the prior stream margin approval granted to the property and to adjust the lot
lines between my property and the neighboring property. He is also authorized to represent
me in meetings with City of Aspen staff, and any other applicable review bodies.
Should you have any need to contact me during the course of your review of this application,
please do so through Alan Richman Planning Services,whose address and telephone number
are included in the land development application.
Sincerely,
Z- �/-�
De .ce Reich
•
EXHIBIT #4 EXHIBIT .2
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF THE VOLK STREAM MARGIN REVIEW
• AND VESTING OF THE DEVELOPMENT RIGHTS
Resolution No. 90- .�
WHEREAS, Russell Volk submitted for approval to the
Commission an application for Stream Margin Review; and
WHEREAS, the Planning staff recommended •approval of the
Stream Margin Review with conditions; and
WHEREAS, the Commission reviewed and approved said Stream
Margin Review on February 20, 1990; and •
WHEREAS, Russell Volk, represented by Sonny Vann, has
requested that the development rights for the Volk Stream Margin
Review be vested pursuant to Section 6-207 C. of the Aspen Land .
Use Regulations; and
WHEREAS, the Commission desires to vest development rights
in the Volk Stream Margin Review pursuant to Section 6-207 C. of
the Land Use Regulations for a period of three years from the
effective date hereof subject to the terms and conditions
contained in the Volk Stream Margin approval and herein below.
NOW, THEREFORE, BE IT RESOLVED by the Commission:
That it does hereby approve by the Volk Stream Margin Review
with conditions as follows:
1. The applicant shall file with the Pitkin County Clerk
appropriate documents regarding foundation design requirements
for future development on each parcel, the forms of which shall
satisfy the City Attorney and City Engineer. . o,, documents shall
be in the . form of graphic representation as well as deed
restriction.
•
411
2 . Prior to development of the parcels, the developer(s) will be
required to submit to the Engineering Department a description of
proposed construction techniques to be used to insure against
erosion and stream pollution.
3 . A landscaping plan indicating existing vegetation and
proposed landscaping for each parcel shall be submitted for
approval to the Parks Department prior to issuance of a building
permit.
4 . The applicant shall dedicate .a fisherman' s easement from the
centerline to 5 feet (measured horizontally) above the highwater
line of the Roaring Fork River.
5 . A F.E.M.A. . Elevation Certificate shall be required prior to
issuance of building permit.
6 . The Spring Street Easement Reservation shall be filed with
the Pitkin County Clerk prior to issuance of building permit.
ALSO, BE IT RESOLVED by the Commission:
That it does vest the development rights of the Volk Stream
Margin Review for three years from the effective date hereof
pursuant to Section 6-207 C. of the Aspen Land Use Code, subject
to City Council 's approval of Ordinance 3S .
APPROVED by the Commission at its regular meeting on April 17,
1990 .
4111T: P •+ D Z. ' , G % OMMISSION:
4 L I Aka
arney, Depu y ty Clerk ' - :n •n.er•• .' Chairman
•
jtkvj/volk.reso
S 411 EXHIBIT 3
EXHIBIT #5
ORDINANCE NO. 36
(SERIES OF 1990)
AN ORDINANCE OF THE CITY OF ASPEN VESTING THE DEVELOPMENT RIGHTS
FOR THE VOLK STREAM MARGIN REVIEW
WHEREAS, a request for Vested Rights for the Volk
Stream Margin Review was submitted to the Planning Office by
project representative Sunny Vann; and
WHEREAS, pursuant to Section 6-207 of the Aspen Land Use
Code, the City Council may grant Vesting of Development Rights
for a period of three years; and
WHEREAS, the Planning Office recommends that Council approve
Vesting of Development Rights for the Volk Stream Margin Review;
and
WHEREAS, the Aspen City Council having considered the
Planning Office ' s recommendations for Vesting Development Rights
does wish to grant the requested Vesting of Development Rights
for the Volk Stream Margin Review for three years from the date
of approval . •
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
That it does hereby grant Vested Rights for the Volk Stream
Margin Review for a period of three (3) years from the date of
approval in accordance to the terms and provisions of Section 6
207 of the Aspen Land Use Code.
Section 2 :
That the City Clerk be and hereby is directed, upon the
411'
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 3 :
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason invalid or
unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 4 :
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 5:
A public hearing on the Ordinance shall be held on the //
day of , 1990 at 5 : 00 P.M. in the City Council Chambers,
Aspen ity Hall , Aspen Colorado, fifteen (15) days prior to which
a hearing of public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the // day of
G//
, 1990.
William L. Stirling, Mayor
ST: i/I/
Kathryn . Koch, City Clerk
3
•
411' 411
FINALLY, ted rov
ado passed and a
p p pp his // day of
I 1 - 41
►.
Mi hae3.-Ga smlan, ._Mayor'"Pro Tem
ATTEST:
/ed . l .
Kathryn y och, City C erk
•
•
jtkvj/volk. ord
..t
3
• EXHIBIT #6 �.
MEMORANDUM
TO: Stan Clauson, Community Development DirectoPAP P ROVED
FROM: Christopher Bendon, Planner j AUG 2 7 1998
RE: Reich Stream Margin Review Amendment.,-Ag Nay CRVEL:.ASENT DIHEcTGR
Lots 8, 9, 10, 11, and the North 1/2 of Lot 7EiUrcISE NOklahoma
Flats Addition.
DATE: August 24, 1998
SUMMARY:
Denice Reich owns a vacant lot along the Roaring Fork River in the Oklahoma Flats
Subdivision. This parcel was granted a Stream Margin Review approval by the Planning
and Zoning Commission in 1990 --Resolution 90-5. This approval was not associated
with a site specific development plan but did determine a building envelope and required
certain foundation design parameters to ensue the appropriate construction practices
would be observed. The approval was then granted vested property rights by City
Council.
The applicant now wishes to move a small cabin and an accessory shed structure to this
parcel. The period of vested right has expired. subjecting the property to changes in the
land use code. The Stream Margin Review criteria have changed with the inclusion of
six additional provisions. The applicant, however, has demonstrated the ability of the
proposed development to comply with the original approval and these additional
provisions.
The building envelope established in 1990 is approximately 35 feet from the edge of the
river. The site is relatively flat and the top-of-slope, using the current definition, would
most likely be within 5 to 10 feet of the edge of the high water line, possibly placing the
building envelope closer to the river. Planning staff has suggested conditions of
approval which will ensure compliance with these criteria and allow the applicant to use
the building envelope designated in 1990.
Staff has reviewed this proposed amendment and recommends administrative approval
by the Director, with conditions.
APPLICANT:
Denice Reich,Owner. •Represented by Sunny Vann,AICP.
LOCATION:
Lots 8, 9, 10, 11, and the north half of Lot 7, Block 1, Oklahoma Flats Addition.
•
ZONING:
R-30. Low Density Residential.
REVIEW PROCEDURE:
1
Insubstantial amendments to an approved Stream Margin Review may be approved by
the Community Development Director, pursuant to Section 26.68.040.
RECOMMENDATION:
.Staff recommends the Community Development Director approve this Insubstantial
Amendment with the conditions listed below.
APPROVAL:
I hereby approve this Insubstantial Amendment to the approved Stream Margin Review
for the Reich parcel with the following conditions:
1. The following items shall be submitted to complete the land use application:
• A site plan showing the parcel, building envelope, significant vegetation, and the
approximate location of the proposed structures within the envelope.
• A site section demonstrating the new structures compliance with the progressive
height limit, a 45 degree line from the top-of-slope.
• A land use review fee in the amount of$450.
• The written authority for any third person to represent the owner of the property.
2. There shall be no development outside the building envelope other than approved
native vegetation. The applicant shall provide a landscape plan with building plans
prior to issuance of a building permit.
3. All exterior lighting shall be downcast and not directed towards the river.
4. The applicant shall gain an exemption from Growth Management for the proposed
residence pursuant to Section 26.100.050. Any"temporary" affordable housing deed
restriction on the new residence, for the purpose of satisfying this requirement, shall
be approved by the Aspen/Pitkin County Housing Authority.
5. All other aspects of Planning and Zoning Resolution No. 90-5 shall remain in effect.
date
St. auson, Community Development Director
ACCEPTANCE:
I, as a person being or representing the applicant,do hereby agree to the conditions of
this approval and certify the information prov de. '• this application is correct to the
best of my knowledge. �
date /9 o
Sri y 3.77 AICP, Vann Associates,
rep - nting Denice Reich, owner.
ATTACHMENTS:
Exhibit A -- Application
• EXHIBIT #7 •
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Chris Bendon,920.5072 DATE: 3.28.00
PROJECT: Reich Stream Margin Amendment#2
REPRESENTATIVE: Alan Richman
OWNER: Denice Reich
TYPE OF APPLICATION: Staff review
DESCRIPTION: Stream Margin amendment to demonstrate new development plan's compliance with the
existing Stream Margin approval and additional criteria enacted since 1990. The 1990
review approved a building envelope with no site specific development plan.The Stream
Margin Review was amended in 1998 to allow for a small cabin and accessory shed
structure moved to the site within the building envelope. This review will consider a new
residence,a detached Accessory Dwelling Unit, an amendment to the Spring Street
"reservation area"from 20 feet to 8 feet. Trees to be protected have been previously
identified by the Parks Department. The application may also propose flagstonepavers
outside of the building envelope on the river side of the new home. Development outside a
building envelope may be approved by the CD Director.
For the purpose of showing amendments to the reservation area, location of improvements
both within and outside the building envelope, and trees to be protected or removed, staff
suggests an administrative approval granted for this property be recorded with a referenced
illustrative site plan. This plan should have signature lines for Engineering(reservation
amendment)Parks(tree protection&removal)and the Community Development Director
(development outside the Building Envelope and overall development plan).
Land Use Code Section(s)
26.435.040 Stream Margin Review
26.520 Accessory Dwelling Units (Application packet attached)
26.304 Development Review Procedures
Review by: Staff for completeness, DRC for technical considerations, Housing for draft and final deed
restriction on ADU, CD Director for approval
Public Hearing: No.
Referral Agencies: Engineering, Parks, Housing, Streets
Planning Fees: Planning Deposit Minor($480 for 2.5 hours)
Referral Agency Fees: Engineering, Minor($170); Housing, Minor($170)
Total Deposit: $820(additional hours are billed at a rate of$195/hour)
To apply, submit the following information:
1. Proof of ownership.
2. Signed fee agreement.
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing
the names of all owners of the property, and all mortgages,judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of the application.
6. 6 Copies of the complete application packet and maps.
7. An 8 1/2" by 11"vicinity map locating the parcel within the City of Aspen.
•
8. Site improvement survey including topography and vegetation showing the current status, including all easements
and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado.
9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed.
10. Proposed illustrative site plan with signature lines, described above,to become a recorded document.
1 1. Site Section drawing showing approximate top of slope and 45 degree line from that point showing compliance
with progressive height limit.
Notes:
1 The Applicant proposes to address the residential design standards at the time of building permit application. The
proposed detached ADU will meet the current requirements for secondary mass, one story element,and garage setback.
2 Applicant may propose an alternate means of formalizing the reservation area amendment,etc. as long as the alternative
achieves the same goal.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,which is
subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
;• EXHIBIT #8
AGREEMENT OF DEDICATION AND RESTRICTION
THIS AGREEMENT, made and entered into this 3-'"day of 6Gf
1990, by Richard W. Volk, Trustee UTA dated March 10, 1984
("Owner) ,
W I T N E S S E T H:
WHEREAS, Owner is the record owner of Lots 8 , 9, 10, 11 and
the North half of Lot 7, Block 1, Oklahoma Flats Addition, City
and Townsite of Aspen, Pitkin County, Colorado (the "Subject
Parcel") ; and
WHEREAS, by Resolution "`r"') -90, the City of Aspen Planning
and Zoning Commission granted approval to the Volk Stream Margin
Review (which included the Subject Parcel) , subject to the
condition that the Owner agree to certain development
restrictions and dedicate a fisherman's easement with respect to
the Subject Parcel; and
WHEREAS, Owner desires by this instrument to establish such
restrictions and to accomplish such dedication;
NOW, THEREFORE, for and in consideration of the City's
approval of the Volk Stream Margin Review and for other good and
valuable considerations, the receipt and sufficiency of which
are hereby acknowledged, the Owner agrees as follows:
1. Dedication_ of_Fisherman's Easement. Owner hereby
dedicates to the use of the general public, for fishing purposes
only and not as a public trail, a perpetual, non-exclusive
easement and right-of-way along that portion of the Subject
Parcel lying between the centerline of the Roaring Fork River and
a line which is 5 feet (measured horizontally) above the high
water line of the Roaring Fork River. Owner reserves to itself
the right to use and enjoy the easement area for all purposes
which do not interfere with the public fishing rights dedicated
hereby, and shall have no responsibility or liability in
connection with the use of the easement by the fishing public.
2 . Site Development Plan; Foundation Design. Attached to
this Agreement as Exhibit A and made a part hereof by this
reference is a Site Development Plan for the Subject, Parcel ,
which Plan was approved as a part of the Volk Stream Margin
Review. Owner hereby agrees that any future development of the
Subject Parcel will be in complete conformity with the attached
Site Development Plan, and in particular will comply with the
Foundation Design requirements which are graphically depicted on
page 2 of said Plan. Before obtaining a building permit for the
Subject Parcel, the developer thereof shall submit to the City
Engineering Department a foundation plan which meets said
attached design requirements.
• •
3 . Other Development Reviews. Also prior to obtaining a
building permit for the Subject Parcel, the developer thereof
shall do the following:
(a) submit to the City Engineering .
Department for approval a description of
proposed construction techniques to be used
to insure against erosion and stream
pollution;
(b) submit to the City Parks Department for
approval a landscaping plan indicating
existing vegetation and proposed landscaping;
and
(c) obtain an F.E.M.A. Elevation Certificate.
4 . Area Reserved for Dedication. The 20 foot wide portion
of the Subject Parcel adjacent to Spring Street, as depicted on
the attached Plan, is reserved for dedication to the City of
Aspen at such time as the City resolves to widen and improve said
street. Within 10 days of receipt of a written request therefor
from the City, the then record owner of the Subject Parcel shall
convey to the City by quitclaim deed that part of the reserved
area which is required by the City for street widening and
improvement purposes.
5. Binding Clause. This Agreement shall run with and
constitute a burden upon the title to the Subject Parcel, and
shall be binding upon and inure to the benefit of Owner and the
City of Aspen and their respective heirs, personal
representatives, successors and assigns.
In witness whereof, Owner has hereunto set his hand and seal
as of the day and year first above written.
J W
(//aT,
NER: �
Richard W. Volk, Trustee
UTA dated March 10, 1984
2
• II
State of C )
County of /47-1Z--:"....- )
The foregoi Agreement was acknowledged before me this
3'V day of ‘4--/-----7 1990, by Richard W. Volk, Trustee UTA
dated March 10, 1984 .
Witness my hand and official seal. ) ,
My commission expires: c?- 7,f17_ 97
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Mar 23 2000 UOPM RE MAX CE i EXHIBIT #
41,The following is to be completed by the City of Aspen Parks Department.
Property/Tree Inspection:
Inspected by Date Signature , Date
Comments:
Numerous on site inspections and field visits with the applicant and the applicant
representative reveal the following conditions on the property:
- Large undeveloped piece of property centered directly in the riparian corridor of the
Roaring Fork River within an area known as Oklahoma Fiats. The area has been
kept in a relatively native condition, with the only disturbance occurring when the
applicant brought numerous loads of non organice soil over portions of the entire
property. ,The vegetation consists of numerous native populations of Narrowleaf
Cottonwood in excellent condition along the Riparian Corridor of the Roaring Fork.
Adjacent developed properties contain similar examples of this overstory canopy
type with a continual line of cottonwood. '
- Negotiations with the applicant over a long period of time have produced a tree
removal permit application which will be approved as discussed and field marked on
numerous site visits.
The following trees have been permitted for removal as noted above:
1) 10 inch NL Cottonwood - $2826.00
2) 20 inch NL Cottonwood - $11,876.00
3) 12.5 inch NL Cottonwood - $4069.44
4) 7.5 inch NL Cottonwood - $1589.63
5) 7 inch NL Cottonwood - $1384,74
6) 6.5 inch NL Cottonwood - $1193.99
7) 11 Inch NL Cottonwood - $3419.46
8) 9.5 inch NL Cottonwood - $2550.47
• 9) 11.5 inch NL Cottonwood - $3737.39
10) 9 inch NL Cottonwood - $2289.06
11) 6.5 Inch NL Cottonwood — $1193.99
12) 7.5 Inch Quaking Aspen - $1589.63
Total Mitigation Amount: $37719.80
The following requirements apply to this tree removal perm!;
' • 1) Total Mitigation amount must be met in full within the property through a
• planned out and thorough Landscape Design by a professional Landscape •
Architect or Designer. There are many areas within the property which will
be required to remain as native vegetation, most Importantly the riparian
corridor along the river. Applicant must provide this landscape design to the
nefi t►01 Taxi-um-9a r+mnnnnesr fnr rAvIp►w well In advance of completion of
Mar • 23 . 2005 5 : 01PM RE MAX CENTRAL No . L 76 P . 3
project. Full m i t iga n must either be met on site or Ist be payed cash In
lieu to the City Reforestation Fund. Receipts of all TREE installation must be
kept and verified.
2) Applicant must provide Tree Protection Fencing in the form of Chain Link
Panel fencing around the dripline of ail vegetation to be saved on site.
Applicant MUST call'City Forester for an inspection of this fencing before ANY
construction activities are to begin. No excavation, storage of materials, or
any other use will 'occur within this zone during construction activities.
3) Construction and Silt Protection Fencing MUST be placed along the Stream
Margin area for protection of the River Corridor BEFORE any construction
activities are to begin. No Activities (except perhaps restoration) shall occur
within this protection zone. City Forester must be called for on inspection
before any construction activities begin.
No certificate of occupancy shall be Issued before requirements are met.
cepte• Denied
Stephen Elisperman 124 IS!4 9
Forester and Natural Resource Specialist,City of Aspen Signature Date
Permit Valid for one year after completion date of project (line 6).
•
•
•
•
•
Feb 24 2000 8 38AM RE MAX CE-NTRAL N r: „2 _ P . 2
0110
EXHIBIT #10
•
THE CITY OF ASPEN
July 30, 1999
Denise Rich
230 N. Spring Street
Aspen, CO 81611
Reference: N. Spring Street
Dear Denise:
The following recommendations were made at this morning's meeting attended by you; your.son Andrew; Dave
Muckenhirn of Ventures-West; Jack Reid, Superintendent of the City Street Department; Nick Adeh, City
Engineer; Chuck Roth, Project Engineer for the City of Aspen; and myself.
• The City Streets Department and Engineering Department are willing to release the 20'
Reservation for Public Use from your 375 N. Spring Street Property, and the City in return for such
release of easement reservation shall receive an 8' wide Non-exclusive Easement on this property
along the North Spring Street Frontage.
•
• The City will construct a drainage swale from N. Spring Street to the Roaring Fork River in the
Public Right of Way known as Francis Street, which borders property owned by you, and Paula
Mayer.
• The City will allow you to redirect site drainage into the proposed drainage swale, subject to plan
approval by Nick Adeh, City Engineer.
• You will retain a licensed surveyor to prepare a new map or update your existing improvement
survey for your property to convey all the above listed changes. These changes will have to be
reviewed and approved by the Engineering Department prior to recordation.
The following understanding was made concerning the proposed drainage swale:
• The swale would be constructed to ensure positive flow to the river.
•
• The City shall maintain the swale and care shall be taken to avoid stagnant water problems.
130 St:L;H GA•.SN\STRCh I • .mss;w.L.:_LORADO 81611 • Pul:rre 070.'420.500 • FA\0'0.920.51 47
Feb . 24. 2000 4Ah1 RE MAX CENTRAL PIo 21 ,
Furthermore; the City Engineer ale Superintendent of Streets do not adate any proposal for the Francis
' / Street Drainage Swale to become a public park. They advise against the drainage area having a walkway, nor
hardscape landscaping, as the narrow Right of Way must be dedicated for the sole use of water drainage.
If you are in agreement with the recommendations listed above, please sign in the space provided and return this
original letter.
Denise Rich Date
Sincerely, •
Nick Adeh
City Engineer •
Cc: N. Adeh
J. Reid
C. Roth
C. Christiansen
D. Muckenhirn
J. Worcaster
• • 1547
EXHIBIT #11
•
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970)920-5090
City of Aspen
Land Use:
1041 Deposit •
•
1042 Mat Fee
1043 HPC
1046 Zoning and Sign
Referral Fees:
/t 1 163 City Engineer
1205 Environmental Health
ea
1 190 Housing
Building Fees:
1071 Board of Appeals
•
'1072 Building Permit `;C
1073 Electrical Permit
1074 Energy Code Review
1075 Mechanical Permit
1076 Plan Check
1077 Plumbing Permit
1078 Reinspection
Other Fees:
1006 Copy
1302 GIS Maps
1481 Housing Cash in Lieu t. O ; ;``.• '"
1383 Open Space Cash in Lieu
1383 Park Dedication
1468 Parking Cash in Lieu
Perlormance Deposit
1268 Public Right-of-way
1 164 School District Land Ded.
TOTAL 114 go?" /1),c
NAME:
ADDRESS/PROJECT:
PHONE:
CIIECKII l n .1�� (�
CASE/PERMIT#: l I. l —■
# OF COPIES:
•
•
DATE: 17:s) /(� Ci 'fJ INITIAL: L���
• 0
NOTICE OF APPROVAL
To: Julie Ann Woods, Community Development Director
Joyce Ohison, Deputy Director
FROM: Fred Jarman. Planner '
RE: Reich Stream Margin Amendment#2 and Accessory Dwelling Unit
DATE: June 15, 2000
APPLICANT: DRC Family Limited . .,.µ ' ,4 2 -� ; ,
Partnership : s 1 �; 1}Ytiiv- 1
Denice Reich, Owner t; m ;...,4 ,�. ' ir, a
.1A to nt,.,.' . .., ..e- ,4 ri"'-47..IMI ' ''. .ti lak: 'I'i ..
REPRESENTATIVE: Alan Richman ,' .,
Alan Richman ,lI ,' m. "i AN - "" ;t a ,
Planning Services ,:i . 'i- -- 1. 1.4,9 $ ;,_ ... t"
t4, r' '
PARCEL ID: 2737-073-10-001 0 `" - i_ „Q
. ..a .°`.. ,'
ADDRESS: 375 North Spring — --; =. r
Street, Aspen, Colorado -- _ `'
81611. �:"� �.
view of property from N. Spring Street
ZONING: R-30, Low Density Residential access onto property, three temporary structures, and
CURRENT LAND USE: corner where the proposed ADU will be located.
Undeveloped lot with three
unoccupied structures.
't.-.41'�4 °« F',%gip'' t` *'�'co . • ,�,I; v.A:,•
PROPOSED LAND USE: r..►� :. r-r•••'.p; ,, L.,.4
Stream Margin Amendment and ',ir . ,^•y ' ,, t' -1'.,i, ` ' ; ' ; ' h�4
Accessory Dwelling Unit (ADU). f t! .�' : ��' "', �'r..,*"....,e,� ..�, �. * '; 4. ,L.REVIEW PROCEDURE: t V°.. fit , t '-- ,,.• S r - 0
Stream Margin Amendment. The �� `, �, .4 t , ;.-,l •- ,,h., r t t.•
Community Development Director may �1 1
;�T S l'4•-•-t ri ,4 {[y
approve this amendment to the original e' ; I , �„,' v ,r 1 't�`i lige
Steam Mar in Review ado ted in 1990 �'` ' $`
via Resolution 90-5 and amended in 1998. `' ! w . C ``
However. this amendment shall meet all �' J '
additional criteria adopted subsequent to ,, �� '` ; -,., yam., . s .' .
the adoption of the original Stream *: ''"1 ,'+' 2 „' ''
Margin Review in 1990. e4- �'
North view of property from North Spring Street
The Community Development Director showing Aspens along easterly property line and
shall approve, approve with conditions, or cabin type structure on center of lot.
disapprove a land use application for an
Accessory Dwelling Unit.
• •
STAFF COMMENTS:
The applicant, Denice Reich, represented by Alan Richman of Richman Planning Services,
wishes to amend a previously approved Stream Margin Review approval and construct an
Accessory Dwelling Unit (ADU) on her property located in the Oklahoma Flats Addition
immediately adjacent to the Roaring Fork River. This property is partially located in the 100-
year floodplain thereby requiring a land use review for development within an environmental
sensitive area. The majority of development will take place within a building envelope that
received stream margin approval from the Aspen Planning and Zoning Commission on
February 20, 1990 pursuant to Resolution 90-5. City Council granted vested rights status on
June 11, 1990 pursuant to Ordinance 90-35. The vested rights,expired in June 1993.
In 1998,the applicant submitted an application for a Stream Margin Amendment, requesting
that the City permit the applicant to relocate an existing residence that had been scheduled for
demolition. The City granted this approval via administrative action on August 24, 1998.
The residence has since been placed on this property, although it has never been made
suitable for occupancy. On a recent site visit, two other smaller"storage structures" also
currently exist on the property. All of these structures will be removed prior to construction
on a proposed residence.
The City determined the administrative Steam Margin Amendment approved in 1998 remains
in full force and effect subject to any changes in the Aspen Land Use Code subsequent to the
expiration of the property's vested rights. Therefore, prior to any development, the applicant
shall comply with the original review standards and conditions of approval required in 1990
as well as any newly adopted changes made to the Stream Margin Review criteria.
During staff review, several issues arose regarding 1) the proposed development of a
flagstone patio outside of the building envelope 2) the type of sod and landscaping proposed
for the river side of the development 3) and the proposed extension of an existing berm
located partially on the applicant's property and partially on her neighbor's property along
the westerly property line.
The applicant originally proposed a flagstone patio to extend roughly 350 sq. ft. outside of
the established building envelope. Section 26.575.110 indicates other than "approved
plantings," all areas outside of a building envelope shall remain in pristine and untouched
condition unless approved by the Community Development Director.
Staff is willing to allow a flagstone patio, which extends beyond the existing building
envelope that is 1) constructed at grade and 2) limited to 150 sq. ft. in total patio area.
Additionally, this patio is allowed contingent to any landscaping that is placed outside of the
building envelope be restricted,to "native grasses." The portion of"sod" indicated on the
currently proposed site plan must be of native grass species on all areas outside of the
building envelope on the stream side.
The landscaping and sod as proposed may be allowed according to Section 26.575.110 that
indicates, "approved plantings" of landscaped materials on natural grade may occur outside
the building envelope. Staff indicates any landscaping proposed on the stream side of the lot,
outside of the building envelope, shall be restricted to native grasses. This is allowed
2
• •
because it will be or result in a marked improvement to current site conditions. Further,
pursuant to Section 26.435.040 (C)(10) new plantings including trees, shrubs, flowers, and
grasses outside of the designated building envelope on the riverside shall be limited to native
riparian vegetation. Staff indicates this shall be followed strictly as indicated above for the
purpose of protecting existing riparian vegetation and bank stability.
The applicant entered into an agreement on August 3, 1990 with the City Engineering
Department, which established a reduction in the N. Spring Street reservation on the easterly
property line from 20' to 8' in exchange for the denial of use of the "Francis Street"
easement, which had been intended as the primary residential access to the lot. As a result of
this agreement the Francis Street easement will be used for a drainage swale maintained by
the City Engineering Department. Staff finds that this decrease in the reservation area
dedication shall be accurately reflected and recorded with a final plat that shall be recognized
and signed by the City Engineering Department.
Further, the applicant has been working closely with the Parks Department to determine
which trees on the property would be required to remain on the property and which could be
removed to permit construction to occur. The Parks Department issued the tree removal
permit on 12 /15 /99.
Included in the application is a site plan/landscape plan that is based on the discussions held
with the Parks Department. It clearly shows the trees that will be preserved, as required by
the Parks Department. It also shows that no disturbance will occur in an area that is fifteen
feet (15') back from the top of the bank. In fact, the building envelope, as established in
1990, is fully 35' from the edge of the property, which is well beyond the limits of the
riparian area and the floodplain. Finally, it shows the other trees that will remain on the
property, and the trees that will be planted. The new trees have been planted in a manner that
will screen the residence from neighboring properties, while also helping to reforest the
property.
The Applicant will provide the Parks Department with receipts for the new trees that are
planted, to verify the amount spent on landscaping. It is our understanding that these
expenditures will be credited toward the tree mitigation fee of$37,719.80 that has been
imposed by the Parks Department as a condition of the tree removal permit.
With respect to the setback (building envelope) from the top of the slope, the applicant
indicates that the original setback was set at 35', which is.well beyond the limits of the
riparian area and floodplain. Currently, the code (Section 26.435.040 (C)(8) indicates that:
There is no development other than approved native vegetation planting
taking place below the top of slope or within fifteen (15)feet of the top
of slope or the high waterline, whichever is most restrictive. This is an
effort to protect the existing riparian vegetation and bank stability;
The applicant indicates that the site plan depicts the high waterline and the top of the stream
bank, both of which are located quite close to the property boundary. The site plan also
shows the 15' setback from the top of the slope, which has been labeled as the "untouchable
3
• S
area (to be protected by a fence)."No development shall take place in this area. Existing
trees in the area are shown as remaining and no new trees will be planted in this area, in
conformance with the direction provided by the Parks Department.
Additionally, the landscaping on the site plan submitted by the applicant must comply with
Section 26.435.040 (C)(10), which indicates:
A landscape plan is submitted with all development applications. Such
plan shall limit new plantings (including trees, shrubs, flowers, and
grasses) outside of the designated building envelope on the river side to
native riparian vegetation;
The applicant has submitted a site/landscape plan which is described above. The Applicant
agrees that new plantings outside of the building envelope on the river side of the property
will be limited to native riparian vegetation. Disturbed areas will be stabilized with sod and
native grasses.
CONDITIONS OF APPROVAL
The Community Development Director approves this land use application for a
Stream Margin Review Amendment and Accessory Dwelling Unit for the Reich
property located at 375 North Spring Street with the following conditions:
1. That the applicant receives approval from the City Engineering Department for design of
improvements, including grading, drainage, transportation/streets, landscaping, and
encroachments within public right of way;
2. That the applicant receives approval from the Parks Department for vegetation species
and for public trail disturbance;
3. That the applicant receives approval from the Streets Department for mailboxes, finished
pavement, surface materials on streets, and alleyways;
4. That the applicant obtains right-of-way permits for any work or development involving
street cuts, landscaping, or other disturbance, including during construction from the City
Engineering Department;
5. That if there are any encroachments into the public rights-of-way, the encroachment must
either be removed or be subject to current encroachment license requirements;
6. That the applicant submits a utility plan prior to the issuance of a building permit;
7. That a drainage report be submitted with the application prior to application of building
permits. The site development approvals must include the requirement meeting runoff
design standards of the Land Use Code at Sec. 26.580.020.A.6.a and a requirement that,
prior to the application of a building permit, a drainage mitigation plan (24"x36" size
plan sheet or on the lot grading plan) must meet the requirements of the Engineering
Department Interim Design Standards and must be submitted for review and approval by
4
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the Engineering Department. The mitigation plan must also address the temporary
sediment control and containment plan for the construction phase. The foundation
drainage system should be separate from storm drainage, must be detained and routed on
site, and must be shown on drainage plans prior to application for building permit. The
drainage may be conveyed to existing landscaped areas if the drainage report
demonstrates that the percolation rate and the detention volume meet the design storm;
8. The proposed flagstone patio on the river side of the house is outside of the building
envelope. Construction outside the building envelope is not allowed. However, at the
discretion of the Community Development Director pursuant to Section 26.575.110, it
will be allowed to exist partially beyond the building envelope and shall not exceed 150
sq. ft. in total area and shall be constructed at grade. This patio is allowed contingent to
all landscaping placed outside of the building envelope be restricted to "native grasses."
The portion of"sod" indicated on the currently proposed site plan must be of a native
grass species on all areas outside of the building envelope on the stream side;
9. The proposed extension of the existing berm located on the southerly property line is
outside of the building envelope. This extension is prohibited. Construction of
landscaping outside the building envelope located along the proposed berm line is subject
to approval. The berm extension is therefore not approved as a part of this lot
redevelopment;
10. The applicant shall not track mud onto city streets during construction as required by City
Streets Department. A washed rock or other style mud rack must be installed during
construction;
11. A tree removal permit has been approved on December 15, 1999. Under this permit it has
been stressed that the "Group B" trees are not to be removed. Moreover, total mitigation
amount of$37,719.80 must be met in full within the property through a planned out and
thorough Landscape Design by a professional Landscape Architect or designer. There are
many areas within the property, which will be required to remain as native vegetation,
most importantly the riparian corridor along the river. The applicant must provide this
landscape design to the Natural Resources Manager for review well in advance of
completion of the project. Full mitigation must be met on site or must be paid in cash-in-
lieu to the City Reforestation Fund. Receipts of all TREE installation must be kept and
verified;
12. The applicant must provide Tree Protection Fencing in the form of Chain Link Panel
Fencing around the drip line of all vegetation to be saved on site. The applicant MUST
call the City Forester for an inspection of this fencing before ANY construction
activities begin. No excavation, storage of materials, or any other use will occur within
this zone during construction activities;
13. Construction and Silt Protection Fencing MUST be placed along the Stream Margin area
for protection of the Roaring Fork River Corridor BEFORE any construction activities
are to begin. No activities (except perhaps restoration) shall occur within this protection
• zone. The applicant is required to submit a detailed riparian fencing plan detailing the
5
. •
protected area along the riverbank prior to the application of building permits. City
Forester must be called for an inspection before any construction activities begin;
14. No certificate of occupancy shall be issued before all requirements are met;
15. There is an infringement of the drip line of the "Group A" tree near the driveway. This
needs to be corrected in the design;
16. The applicant shall submit a copy of the geotechnical report to the Parks Department
prior to application of building permits;
17. A right-of-way landscaping permit is required for all landscaping in the public right of
way and is subject to approval by the Parks Department prior to the application of
building permits;
Y1 18. Right-of-way permits and Encroachment Licenses will be required during construction if
wh� applicable;
19. There needs to be a separation with vegetation between the driveway and the Francis St.
right-of-way. This is to prevent direct drainage by the property into the Francis St. right-
of-way. The property owner may be required to landscape the small portion of the area in
' the Francis St. right-of-way;
\S \ v„..
20. A full soils report and drainage report are needed before the application of building
permits;
21. This amendment to the reservation area dedication, which established a reduction in the
N. Spring Street reservation from 20' to 8' in exchange for the denial of use of the
"Francis Street" easement for a primary residential access, shall be legally recorded and
signed on the final plat by the City Engineering Department as a condition for approval
for this Stream Margin Review Amendment prior to the application of building permits.
Additionally, all conditions and understandings entered into between the applicant and
the City Engineering Department on July 30, 1999 shall remain in full effect;
22. On October 28, 1998, the applicant paid a fee of$12,685.20 in housing impact mitigation
fees in order to move the residence on the property. It is the understanding of the
Community Development Department that this fee of$12,685.20 paid in cash-in-lieu for
the housing impact mitigation fees shall be refunded to the applicant after a certificate of
occupancy has been issued for the new accessory dwelling unit;
23. That the applicable deed restriction for the ADU be accepted by the Aspen/Pitkin County
Housing Authority and is recorded prior to an application for a building permit.
6
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ATTACHMENTS:
Exhibit A --Review Criteria & Staff Findings
Exhibit B --ADU Notice of Decision and ADU Design Standards Checklist
Exhibit C -- Proposed ADU Floor Plan
Exhibit D -- Proposed Site Plan showing designated ADU Parking Space
Exhibit E -- Parcel 2737-073-10-001 Location and Vicinity Map
Exhibit F -- Photo Documentation of Parcel
Exhibit G -- Application Letter
7
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EXHIBIT A
REVIEW CRITERIA& STAFF FINDINGS
26.435.040(C) STREAM MARGIN REVIEW AMENDMENT
The proposed development is located within an environmentally sensitive area described as a
Stream Margin. Stream margins are considered as areas located within one hundred (100)
feet, measured horizontally, from the high water line of the Roaring Fork River and its
tributary streams, or within the one-hundred-year floodplain where it extends one hundred
(100) feet from the high water line of the Roaring Fork River and its tributary streams, or
within a flood hazard area(stream margin). Development in these areas shall be subject to
heightened review so as to reduce and prevent property loss by flood while ensuring the
natural and unimpeded flow of watercourses. Review shall encourage development and land
uses that preserve and protect existing watercourses as important natural features.
The applicant received Stream Margin Review approval in 1990; however, vested rights
granted by City Council expired in June 1993. During the pre-application conference, the
City held that the original stream margin approval granted in 1990 remained in full force and
effect, subject to any changes in the Aspen Land Use Regulations that had occurred since the
expiration of the property's vested rights.
The following section includes a description of prior conditions for approval required by the
Applicant for Stream Margin Review in 1990 as well as the applicant's response to the new
Stream Margin Review Standards established in the Aspen Land Use Code since 1990.
PRIOR CONDITIONS OF APPROVAL
1. The applicant shall file with the Pitkin County Clerk appropriate documents
regarding foundation design requirements for future development on each
parcel, the forms of which shall satisfy the.City Attorney and the City
Engineer. The documents shall be in the form of graphic representation as
well as deed restriction.
STAFF FINDING:
The applicant received approval from the Aspen Planning and Zoning Commission
for a Stream Margin Review pursuant to Resolution 5-90 where the applicant agreed
to comply with the foundation design requirements, which are attached to the original
application. Prior to obtaining building permits for the subject parcel, the developer
thereof shall submit to the City Engineering Department a foundation plan, which
meets the required design requirements.
2. Prior development of the parcels, the developer(s) will be required to submit
to the Engineering Department a description of proposed construction
techniques to be used to insure against erosion and stream pollution.
STAFF FINDING:
A description of proposed construction techniques will be submitted in conjunction with the
application for a building permit.
8
I •
3. A landscaping plan indicating existing vegetation and proposed landscaping
for each parcel shall be submitted for approval to the parks department prior
to issuance of a building permit.
STAFF FINDING:
The applicant has been working closely with the Parks Department to determine which trees
on the property would be required to remain on the property and which could be removed to
permit construction to occur. The applicant has obtained a detailed tree removal permit issued
by the Parks department on 12 /15 /99.
Included in this application is a site plan/landscape plan that is based on the discussions held
with the Parks Department. It shows that the trees labeled as "A" and `B" will be preserved,
as required by the Parks Department. It also shows no disturbance will occur in an area that is
fifteen feet (15') back from the top of the bank. The building envelope, as established in
1990, is 35 feet from the edge of the property, which is well beyond the limits of the riparian
area and the floodplain. Finally, it shows the other trees that will remain on the property, and
the trees that will be planted. The new trees have been planted in a manner that will screen
the residence from neighboring properties, while also helping to reforest the property.
The applicant will provide the Parks Department with receipts for the new trees that are
planted, to verify the amount spent on landscaping. It is our understanding that these
expenditures will be credited toward the tree mitigation fee of$37,719.80 that has been
imposed by the Parks Department as a condition of the tree removal permit.
4. The applicant shall dedicate a fisherman's easement from the centerline to
five feet(measured horizontally) above the high water line of the Roaring
Fork River.
STAFF FINDING:
As shown on the improvements survey submitted with this application, this easement has
previously dedicated at Book 638, Page 76. The applicant complies with this standard.
S. A F.E.M.A Elevation Certificate shall be required prior to issuance of a
building permit
STAFF FINDING:
The applicant will obtain this certificate as required prior to issuance of a building
permit.
6. The Spring Street Reservation shall be filed with the Pitkin County Clerk
prior to issuance of a building permit.
STAFF FINDING:
It should be pointed out that subsequent to the recordation of the reservation, the City
Engineer approached the Applicant to discuss certain changes the City wished to make to it.
In a meeting held on June 30, 1999, the City Engineer determined the public right-of-way
9
•
known as Francis Street, which was to have been the applicant's primary access to the
residence, would instead be used by the City as a drainage swale. Therefore, in return for
eliminating this access way, the City agreed to reduce the width of the North Spring Street
reservation from 20 feet to 8 feet.
The applicant has accurately shown the location of the new easement on the proposed site
plan, (which will be a recorded document following its approval by the City) and agrees to
file the necessary easement document to the benefit of the City.
NEW STREAM MARGIN REVIEW CRITERIA
The provisions of the Stream Margin Review shall apply to all development within one
hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork
River and its tributary streams, and to all development within the Flood Hazard Area, also
known as the 100-year flood plain.
Stream Margin Review Standards, Section 26.435.040 (C), indicates that no development
shall be permitted within the Stream Margin unless the Planning and Zoning Commission
makes a determination that the proposed development complies with all requirements set
forth in the 14 criteria below.
Criteria 1 through 7 of the Stream Margin Review Standards (26.435.040 (C)) were in effect
in 1990, when the original approval was granted and have, therefore, already been satisfied
for this property. Criteria 8 through 13 are new, and need to be addressed. The following
section includes the applicant's response to the new Stream Margin Review Standards
established in the Aspen Land Use Code since 1990.
8. There is no development other than approved native vegetation planting taking
place below the top of slope or within fifteen (15)feet of the top of slope or the high
waterline, whichever is most restrictive. This is an effort to protect the existing
riparian vegetation and bank stability. (See Figure "A" below for illustrative
purposes); and
STAFF FINDING:
The site plan depicts the high waterline and the top of the stream bank, both of which are
located quite close to the property boundary. The site plan also shows the 15 foot setback
from the top of the slope, which has been labeled as the "untouchable area" (to be protected
by a fence). No development shall take place in this area. Existing trees in the area are
shown as remaining and no new trees will be planted in this area, in conformance with the
direction provided by the Parks Department.
9. All development outside the fifteen (1 5)foot setback from the top of slope does not
exceed a height delineated by a line drawn at a forty-five (45) degree angle from
ground level at the top of slope. Height shall be measured and determined by the
Community Development Director using the definition for height set forth at
Section 26.04.100 and method of calculating height set forth at Section 26.575.020
(See Figure "A"below for illustrative purposes); and
10
• •
STAFF FINDING:
A site section has been provided on the site/landscape plan, as required by criteria 12. The
site section demonstrates that the proposed addition will not exceed the height delineated by
a line drawn at a 45-degree angle from ground level at the top of the slope. The site section
shows the top of the bank, the 45-degree angle from ground level, and the proposed
residence. This drawing shows that all of the proposed development will occur well below
the line drawn at the 45-degree angle.
10. A landscape plan is submitted with all development applications. Such plan shall
limit new plantings (including trees, shrubs, flowers, and grasses) outside of the
designated building envelope on the river side to native riparian vegetation; and
STAFF FINDING:
Pursuant to Section 26.575.110 language regarding building envelopes specifically and
clearly states, approved plantings of landscape materials on natural grade and approved
walkways and driveways may occur outside of a building envelope. Otherwise, all areas
outside of a building envelope shall remain in pristine and untouched condition unless
approved by the Community Development Director.
The applicant originally proposed to construct a 350 sq. ft. flagstone patio adjacent to the
proposed residence that will extend well beyond the building envelope on the river side of
the property. Staff review found this patio too large of an impact and required the applicant
to reduce the patio size to 150 sq. ft. and be constructed at grade. As newly proposed, this
patio will be located well back from the 15 foot setback area from the top of the bank, and
will remain outside of the limits of the riparian area. The Community Development
Director finds the proposed 150 sq. ft. flagstone patio, which extends slightly beyond the
building envelope acceptable. This proposed flagstone patio shall not exceed a total of 150
sq. ft. and remain constructed at grade.
Additionally, the applicant agrees that new plantings outside of the building envelope on the
river side of the property will be limited to native riparian vegetation. Disturbed areas will be
stabilized with sod comprised solely of approved native riparian grasses.
11. All exterior lighting is low and downcast with no light(s) directed toward the river
or located down the slope and shall be in compliance with section 26.575.150; and
STAFF FINDING:
The Applicant agrees to comply with this standard.
12. Site sections drawn by a registered architect, landscape architect, or engineer are
submitted showing all existing and proposed site elements, the top of slope, and
pertinent elevations above sea level; and
STAFF FINDING:
These site sections have been provided and have been described under criterion 9 above. The
pertinent elevation above sea level is also shown.
11
• •
13. There has been accurate identification of wetlands and riparian zones.
STAFF FINDING:
The improvements survey, which has been provided as a part of the application package,
accurately identifies the top of the bank and the high water line.
26. 520.050 Accessory Dwelling Units
The Community Development Director, in accordance with the procedures, standards, and
limitations of this Chapter and of Common Development Review Procedures, Section
26.304, shall approve, approve with conditions, or disapprove a land use application for an
Accessory Dwelling Unit. All ADUs shall conform to the following design standards unless
otherwise approved,pursuant to Section 26.520.080, Special Review:
Section 26.470.070 (B) of the Aspen Land Use Code states that development of a single-
family residence is exempt from the growth management scoring and competition
procedures provided the applicant develops and accessory dwelling unit, pays an affordable
housing impact fee, or records a resident-occupancy deed restriction on the single-family
residence. The applicant intends to develop a two bedroom accessory dwelling unit on the
property, in the location shown on the site plan.
On October 28, 1998, the applicant paid a fee of$12,685.20 in lieu of building an
accessory dwelling unit on the property. This fee was paid in order to move the residence
on the property. The applicant requests that when a building permit is issued for the
accessory dwelling unit, the City refund the cash-in-lieu payment. It is the understanding of
the Community Development Department that this fee of$12,685.20 in cash-in-lieu for the
housing impact mitigation fees shall be paid to the applicant after a certificate of occupancy
has been issued for the new accessory dwelling unit.
Ordinance 44, Series of 1999, established new standards and procedures for the review of
accessory dwelling units in the City of Aspen. Accessory dwelling unit Design Standards
26.520.050 indicates that all ADUs shall conform to the following design standards unless
otherwise approved, pursuant to Section 26.520.080, Special Review. Staff asserts the
following findings of fact after reviewing the applicant's responses to the ADU design
standards:
1. An ADU must contain between 300 and 800 net livable square feet, 10% of which must
be a closet or storage area.
STAFF FINDING:
As shown in the attached floor plan, the ADU will contain approximately 800 square feet. As
the floor plan illustrates, more than 10% of this area will be dedicated to closets or storage.
2. An ADU must be able to function as a separate dwelling unit. This includes the
following:
12
•
a) An ADU must be separately accessible from the exterior. An interior
entrance to the primary residence may be approved by the Commission,
pursuant to Special Review;
STAFF FINDING:
The ADU will be detached from the main residence and will have its own entrance.
b) An ADU must have separately accessible utilities. This does not preclude
shared services;
STAFF FINDING:
The utilities for the ADU will be separately accessible.
c) An ADU shall contain a kitchen containing, at a minimum, an oven, a stove
with two burners, a sink, and a refrigerator with a minimum of 6 cubic feet
of capacity and a freezer; and,
STAFF FINDING:
The applicant agrees to provide all of these facilities in the unit, as shown in the attached
floor plan.
d) An ADU shall contain a bathroom containing, at a minimum, a sink, a
toilet, and a shower.
STAFF FINDING:
The applicant agrees to provide all of these facilities in the unit.
3. One parking space for the ADU shall be provided on-site and shall remain available
for the benefit of the ADU resident. The parking space shall not be stacked with a
space for the primary residence.
STAFF FINDING:
The site plan shows the parking proposed for the property. One space is shown along the
edge of the property, which will be for the ADU. In addition, two spaces are shown in the
garage for the main residence, along with two stacked spaces for visitors to the residence.
4. An ADU shall be located within the dimensional requirements of the zone district in
which the property is located.
STAFF FINDING:
The ADU has been drawn to comply with the applicable dimensional requirements of the
underlying R-30 zone district.
S. The roof design shall prevent snow and ice from shedding upon an entrance to an
ADU. If the entrance is accessed via stairs, sufficient means of preventing snow and
ice from accumulating on the stairs shall be provided.
13
•
STAFF FINDING:
The ADU will be designed to comply with these requirements.
6. ADUs shall be developed in accordance with the requirements of this title, which apply
to residential development in general. These include, but are not limited to, the
Uniform Building Code requirements related to adequate natural light, ventilation,fire
egress,fire suppression, and sound attenuation between living units. This standard
may not be varied.
STAFF FINDING:
The applicant will comply with this standard.
7. All ADUs shall be registered with the Housing Authority and the property shall be deed
restricted in accordance with Section 26.520.070 Deed Restrictions. This standard may
not be varied.
STAFF FINDING:
The applicant will submit this deed restriction prior to issuance of a building permit for
construction on the property.
COMMUNITY DEVELOPMENT DIRECTOR DECISION
The Community Development Director finds the Stream Margin Review Amendment and the
Accessory Dwelling Unit to be consistent with the review criteria, and hereby approves the
exemption on this / ' day of June, 2000 contingent upon compliance with the conditions
stated herein and required for this approval.
Applicant's Signature
Juot Ann Woods, Community Development Director
14
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EXHIBIT B
Notice of Decision
Accessory Dwelling Unit
Denice Reich, owner of a property located at 375 North Spring Street, Parcel
Identification Number 2737-073-10001, has applied for administrative approval of an
Accessory Dwelling Unit (ADU). The Community Development Director shall approve,
approve with conditions, or deny a land use application for an Accessory Dwelling Unit
pursuant to Sections 26.520 and 26.304 of the Aspen Municipal Code if an application is
found to be consistent with the following review criteria:
1. The proposed Accessory Dwelling Unit meets the requirements of Section
26.520.050, Design Standards. *
2. Housing recommends approval of the accessory dwelling unit as long as conditions
pursuant to Section 26.520, Accessory Dwelling Units, accessory dwelling units shall
conform to the following sections:
a. The unit shall contain not less than 300 square feet or not more than 800 square
feet;
b. The unit shall be deed restricted meeting the Housing Authority's RO guidelines;
c. If the unit is rented, it shall be limited to rental periods of not less than six months
in duration;
d. One parking space shall be provided on-site for each studio unit, and for each
bedroom with a one or two bedroom accessory dwelling unit;
e. A deed restriction is placed on the unit prior to building permit approval;
f Since the unit is located below grade, that the requirement for natural light as
stipulated in the Uniform Building Code be adhered to; and
g. The unit is a totally private unit whereby it has a private entrance, there is nothing
located in the accessory dwelling unit that needs to be accessed for any use by the
principal residence.
3. The Housing Authority recommends approval of the accessory dwelling unit as long
as conditions a through g are met and staff conduct a site visit prior to Certificate of
Occupancy.
4. The applicable deed restriction for the Accessory Dwelling Unit has been accepted by
the Aspen/Pitkin County Housing Authority and the deed restriction is recorded prior
to an application for a building permit.
• •
Case No. A054-00
Parcel ID No. 2735-124-12003 Zone District: R-30
Reviewed By Fred Jarman Date: June 13, 2000
Accessory Dwelling Unit Design Standards Checklist
26. 520.050 Design Standards
All ADUs shall conform to the following design standards unless otherwise approved, pursuant
to Section 26.520.080, Special Review:
Cer An ADU must contain between 300 and 800 net livable square feet, 10% of which must be a
closet or storage area.
( An ADU must be able to function as a separate dwelling unit. This includes the following:
a) An ADU must be separately accessible from the exterior. An interior entrance to the
primary residence may be approved by the Commission, pursuant to Special Review;
b) An ADU must have separately accessible utilities. This does not preclude shared
services;
c) An ADU shall contain a kitchen containing, at a minimum, an oven, a stove with two
burners, a sink, and a refrigerator with a minimum of 6 cubic feet of capacity and a
freezer; and,
d) An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet, and a
shower.
Dr One parking space for the ADU shall be provided on-site and shall remain available for the
benefit of the ADU resident. The parking space shall not be stacked with a space for the
primary residence.
•
An ADU shall be located within the dimensional requirements of the zone district in which
the property is located.
E / The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. If
the entrance is accessed via stairs, sufficient means of preventing snow and ice from
/ accumulating on the stairs shall be provided.
137 ADUs shall be developed in accordance with the requirements of this title which apply to
residential development in general. These include, but are not limited to, the Uniform
Building Code requirements related to adequate natural light, ventilation, fire egress, fire
/ suppression, and sound attenuation between living units. This standard may not be varied.
R All ADUs shall be registered with the Housing Authority and the property shall be deed
restricted in accordance with Section 26.520.070 Deed Restrictions. This standard may not
be varied.
Net livable square feet: 800
Deed restricted to mandatory occupancy: No
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EXHIBIT E
PARCEL 2737-073-10-001 LOCATION AND VICINITY MAP
4-7
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4++ Reich Stream Margin Amendment
•. Parcel ID: 2737-073-10001 , . �
' Address:375 North Spring Street - »r t .. ` :.
Planner Fred Jarman "'* • �`.x I' �. '7#� '4"•
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16
MEMORANDUM X4 �9
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TO: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director N \�n
FROM: Fred Jarman, Planner )
RE: Reich Stream Margin Amendment#2 and ADU
DATE: May 2, 2000
APPLICANT: DRC Family Limited Partnership
Denice Reich
REPRESENTATIVE: Alan Richman
Alan Richman Planning Services
LOCATION: 1 parcel to include Lots 8, 9, 10, 11, and the north 'A of
Lot 7, Oklahoma Flats Addition
ADDRESS: 375 North Spring Street, Aspen, Colorado 81611
ZONING: R-30, Low Density Residential
CURRENT LAND USE: Undeveloped
PROPOSED LAND USE: Single Family Residence and Accessory Dwelling Unit
LOT SIZE: sq. ft.
•
FAR:
Existing: 0 sq. ft.
Proposed: sq. ft.
Allowable: sq. ft
APPLICABLE LAND USE CODE SECTION(S):
26.435.040 Stream Margin Review
26.520 Accessory Dwelling Units
26.304 Development Review Procedures
APPLICATION REQUEST:
DRC Family Limited Partnership, Denice Reich("Applicant"), represented by Alan Richman
of Alan Richman Planning Services, requests approval of a Stream Margin Review in order
to 1) develop a single-family residence, 2) an accessory dwelling unit, and 3) an amendment
to the N. Spring Street"reservation area" from 20 feet to 8 feet on the subject property that is
1
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flow of watercourses. Review shall encourage development and land uses that
preserve and protect existing watercourses as important natural features.
As stated above, the Applicant already received Stream Margin approval in 1990; however,
vested rights granted by City Council expired in June 1993. During the pre-application
conference, the City held that the original stream margin approval granted in 1990 remained
in full force and effect, subject to any changes in the Aspen Land Use Regulations that had
occurred since the expiration of the property's vested rights.
The following section includes a description of prior conditions for approval required by the
Applicant for Stream Margin Review in 1990 as well as the Applicant's response to the new
Stream Margin Review Standards established in the Aspen Land Use Code since 1990.
PRIOR CONDITIONS OF APPROVAL
1. The applicant shall file with the Pitkin County Clerk appropriate documents
regarding foundation design requirements for future development on each
parcel, the forms of which shall satisfy the City Attorney and the City
Engineer. The documents shall be in the form of graphic representation as
well as deed restriction.
Applicant's Response: This document has previously been filed and is included in
this application as an attachment to Exhibit#8.
2. Prior development of the parcels, the developer(s) will be required to submit
to the Engineering Department a description of proposed construction
techniques to be used to insure against erosion and stream pollution.
•
Applicant's Response: A description of proposed construction techniques will be
submitted in conjunction with the application for a building permit.
3. A landscaping plan indicating existing vegetation and proposed landscaping
for each parcel shall be submitted for approval to the parks department prior
to issuance of a building permit.
Applicant's Response: The Applicant has been working closely with the Parks
Department to determine which trees on the property would be required to remain on
the property and which could be removed to permit construction to occur. A copy of
the tree removal permit issued by the Parks department on 12 /15 /99 is attached as
#9.
Included in this application is a site plan/landscape plan that is based on the
discussions held with the Parks Department. It shows that the trees labeled as "A" and
"B" will be preserved, as required by the Parks Department. It also shows that no
disturbance will occur in an area that is fifteen feet (15') back from the top of the
bank. In fact, the building envelope, as established in 1990, is fully 35' from the edge
of the property, which is well beyond the limits of the riparian area andrthe floodplain.
Finally, it shows the other trees that will remain on the property, and the trees that will
3
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be planted. The new trees have been planted in a manner that will screen the
residence from neighboring properties, while also helping to reforest the property.
The Applicant will provide the Parks Department with receipts for the new trees that
are planted, to verify the amount spent on landscaping. It is our understanding that
these expenditures will be credited toward the tree mitigation fee of$37,719.80 that
has been imposed by the Parks Department as a condition of the tree removal permit.
4. The applicant shall dedicate a fisherman's easement from the centerline to
five feet (measured horizontally) above the high water line of the Roaring
Fork River.
Applicant's Response: As shown on the improvements survey submitted with this
application, this easement has previously dedicated at Book 638, Page 76.
S. A F.E.MA Elevation Certificate shall be required prior to issuance of a
building permit
Applicant's Response: The Applicant will obtain this certificate as required.
6. The Spring Street Reservation shall be filed with the Pitkin County Clerk prior
to issuance of a building permit.
Applicant's Response: It should be pointed out that subsequent to the recordation of
the reservation, the City Engineer approached the Applicant to discuss certain changes
the City wished to make to it. In a meeting held on June 30, 1999, the City Engineer
determined the public right-of-way known as Francis Street, which was to have been
the Applicant's primary access to the residence, would instead be used by the City as
a drainage swale. Therefore, in return for eliminating this access way, the City agreed
to reduce the width of the North Spring Street reservation from 20 feet to 8 feet.
A letter from the City Engineer documenting these requirements is attached as Exhibit
#10. The Applicant has shown the location of the new easement on the proposed site
plan, (which will be a recorded document following its approval by the City) and
agrees to file the necessary easement document to the benefit of the City.
NEW STREAM MARGIN REVIEW CRITERIA
The provisions of the Stream Margin Review shall apply to all development within
one hundred (100) feet, measured horizontally, from the high water line of the
Roaring Fork River and its tributary streams, and to all development within the Flood
Hazard Area, also known as the 100-year flood plain.
Stream Margin Review Standards, Section 26.435.040 (C), indicates that no development
shall be permitted within the Stream Margin unless the Planning and Zoning Commission
makes a determination that the proposed development complies with all requirements set
forth in the 14 criteria below.
4
•
Criteria 1 through 8 (or is it 7) of the Stream Margin Review Standards (26.435.040 (C))
were in effect in 1990, when the original approval was granted and have, therefore, already
been satisfied for this property. Criteria 9 through 14 are new, and need to be addressed. The
following section includes the Applicant's response to the new Stream Margin Review
Standards established in the Aspen Land Use Code since 1990.
8. There is no development other than approved native vegetation planting taking place
below the top of slope or within fifteen (15) feet of the top of slope or the high
waterline, whichever is most restrictive. This is an effort to protect the existing
riparian vegetation and bank stability. (See Figure "A" below for illustrative
purposes); and
Applicant's Response: The site plan depicts the high waterline and the top of the stream
bank, both of which are located quite close to the property boundary. The site plan also
shows the 15' setback from the top of the slope, which has been labeled as the "untouchable
area(to be protected by a fence)."No development shall take place in this area. Existing
trees in the area are shown as remaining and no new trees will be planted in this area, in
conformance with the direction provided by the Parks Department.
9. All development outside the fifteen (15)foot setback from the top of slope does not
exceed a height delineated by a line drawn at a forty-five (45) degree angle from
ground level at the top of slope. Height shall be measured and determined by the
Community Development Director using the definition for height set forth at Section
26.04.100 and method of calculating height set forth at Section 26.575.020 (See
Figure "A"below for illustrative purposes); and
Applicant's Response: A site section has been provided on the site/landscape plan, as
required by criteria 12. The site section demonstrates that the proposed addition will not
exceed the height delineated by a line drawn at a 45-degree angle from ground level at the top
of the slope. The site section shows the top of the bank, the 45-degree angle from ground
level, and the proposed residence. This drawing shows that all of the proposed development
will occur well below the line drawn at the 45-degree angle.
10. A landscape plan is submitted with all development applications. Such plan shall
limit new plantings (including trees, shrubs, flowers, and grasses) outside of the
designated building envelope on the river side to native riparian vegetation; and
Applicant's Response: The site /landscape plan is attached, and described above. The
Applicant agrees that new plantings outside of the building envelope on the river side of the
property will be limited to native riparian vegetation. Disturbed areas will be stabilized
with sod and native grasses.
It should be pointed out that the site plan shows a small flagstone patio that the
Applicant plans to build outside of the building envelope on the river side of the
property. This patio will be built at grade. It will be located well back from the 15'
setback area from the top of the bank, and will also be outside of the limits of the
riparian area.
5
•.
11. All exterior lighting is low and downcast with no light(s) directed toward the river or
located down the slope and shall be in compliance with section 26.575.150; and
Applicant's Response: The Applicant agrees to comply with this standard..
12. Site sections drawn by a registered architect, landscape architect, or engineer are
submitted showing all existing and proposed site elements, the top of slope, and
pertinent elevations above sea level; and
Applicant's Response: These site sections have been provided and have been described
under criterion 9 above. The pertinent elevation above sea level is also shown.
13. There has been accurate identification of wetlands and riparian zones.
Applicant's Response: The improvements survey, which has been provided as a part of the
application package accurately identifies the top of the bank and the high water line.
STANDARDS FOR REVIEW OF ACCESSORY DWELLING UNIT,(ADU)
Section 26.470.070 (B) of the Aspen Land Use Code states that development of a single-
family residence is exempt from the growth management scoring and competition
procedures provided the applicant develops and accessory dwelling unit, pays an affordable
housing impact fee, or records a resident-occupancy deed restriction on the single-family
residence. The Applicant intends to develop a two bedroom accessory dwelling unit on the
property, in the location shown on the site plan.
It should be noted that on October 28, 1998, the Applicant paid a fee of$12,685.20 in lieu
of building an accessory dwelling unit on the property. This fee was paid in order to move
the residence on the property. The Applicant requests that when a building permit is issued
for the accessory dwelling unit, the City refund the cash-in-lieu payment.
Ordinance 44, Series of 1999, established new standards and procedures for the review of
accessory dwelling units in the City of Aspen. Accessory dwelling unit Design.Standards
26.520.050 indicates that all ADUs shall conform to the following design standards unless
otherwise approved, pursuant to Section 26.520.080, Special Review. The Applicant's
responses to the standards in this new ordinance are as follows:
1. An ADU must contain between 300 and 800 net livable square feet, 10% of which
must be a closet or storage area.
Applicant's Response: As shown in the attached floor plan, the ADU will contain
approximately 800 square feet. As the floor plan illustrates, more than 10% of this area will
be dedicated to closets or storage.
2. An ADU must be able to function as a separate dwelling unit. This includes the
following:
'
6
•
a) An ADU must be separately accessible from the exterior. An interior entrance
to the primary residence may be approved by the Commission, pursuant to
Special Review;
Applicant's Response: The ADU will be detached from the main residence and will have its
own entrance.
b) An ADU must have separately accessible utilities. This does not preclude
shared services;
Applicant's Response: The utilities for the ADU will be separately accessible.
c) An ADU shall contain a kitchen containing, at a minimum, an oven, a stove
with two burners, a sink, and a refrigerator with a minimum of 6 cubic feet of
capacity and a freezer; and,
Applicant's Response: The Applicant agrees to provide all of these facilities in the unit, as
shown in the attached floor plan.
d) An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet,
and a shower.
Applicant's Response: The Applicant agrees to provide all of these facilities in the unit.
3. One parking space for the ADU shall be provided on-site and shall remain available
for the benefit of the ADU resident. The parking space shall not be stacked with a
space for the primary residence.
Applicant's Response: The site plan shows the parking proposed for the property. One
space is shown along the edge of the property, which will be for the ADU. In addition, two
spaces are shown in the garage for the main residence, along with two stacked spaces for
visitors to the residence.
4. An ADU shall be located within the dimensional requirements of the zone district in
which the property is located.
Applicant's Response: The ADU has been drawn to comply with the applicable dimensional
requirements of the underlying R-30 zone district.
5. The roof design shall prevent snow and ice from shedding.upon an entrance to an
ADU. If the entrance is accessed via stairs, sufficient means of preventing snow and
ice from accumulating on the stairs shall be provided.
Applicant's Response: The ADU will be designed to comply with these requirements.
6. ADUs shall be developed in accordance with the requirements of this title which
apply to residential development in general. These include, but are not limited to, the
Uniform Building Code requirements related to adequate natural light, ventilation,
,fare egress,fire suppression, and sound attenuation between living units. This
standard may not be varied. '
Applicant's Response: The Applicant will comply with this standard.
7. All ADUs shall be registered with the Housing Authority and the property shall be
deed restricted in accordance with Section 26.520.070 Deed Restrictions. This
standard may not be varied.
•
• •
Applicant's Response: The Applicant will submit this deed restriction prior to issuance of a
building permit for construction on the property.
26.304 Development Review Procedures
(Includes ADU as the Secondary Mass)
STAFF COMMENTS:
IMPORTANT QUESTION TO ADDRESS AT STAFF MEETING:
1. Is the proposed parking space allotted for the ADU allowed as proposed at
the rear end the access way to the principal residence in the side yard setback?
2. The proposed site plan includes a flagstone patio that extends roughly 350 sq.
ft. beyond the building envelope on the streamside of the proposed single-
family residence. The code indicates, all areas outside of the building envelope
shall remain in pristine and untouched condition unless approved by the
Community Development Director. (26.575.110)
3. The proposed site plan includes the placement of sod that extends roughly 10
feet on the southwest corner of the building envelop to 20 feet on the
• northwest corner of the building envelop on the streamside of the proposed
single-family residence. The code indicates, all areas outside of the building
envelope shall remain in pristine and untouched condition unless approved by
the Community Development Director. (26.575.110)
4. There seems to be some question with respect to which Stream Margin
Review Standards are "new" and then do not have to be readdressed. The
Applicant holds that since 1990, there have been 6 additional criteria adopted
in the Aspen Land Use Code in Section 26.435.040 (C) making for a total of
14 criteria. In fact, the code on the server as well in the binder shows only that
there are only 13 total criteria. Which criteria are new and which are old?
8
• •
5. There seems to be differences in the code the applicant quotes and the code
language I have on the server and in the binder. Specifically, Stream Margin
Review criteria#11 in that Height shall be measured and determined by
the Community Development Director or is it the Zoning Officer?
6. Accessory Dwelling Unit code language in the application is different from
that in the binder and on the server.
RECOMMENDATION:
Staff is recommending approval of the... with the following conditions:
1. Take out the sod outside of the building envelope;
2. Minimize the flagstone porch outside the building envelope; and
3. Move house back away from the river to minimize size of front porch to allow for
rear patio.
4. ADU can be approved by Administrative Review as it does satisfy the criteria.
5.
26. 520.010 Purpose
The purpose of the Accessory Dwelling Unit (ADU) Program is to promote the long-
standing community goal of socially, economically, and environmentally responsible
development patterns which balance Aspen the resort and Aspen the community. Aspen
values balanced neighborhoods and a sense of commonality between working residents
and part-time residents. ADUs represent viable housing opportunities for working
residents and allow employees to live within the fabric of the community without their
housing being easily identifiable as "employee housing." ADUs also help to address the
affects of existing homes, which have provided workforce housing, being significantly
redeveloped, often as second homes.
ADUs support local Aspen businesses by providing an employee base within the town
and providing a critical mass of local residents important to preserving Aspen's character.
ADUs allow second home owners the opportunity to hire an on-site caretaker to maintain
their property in their absence. Increased employee housing opportunities in close
proximity to employment and recreation centers is also an environmentally preferred land
use pattern which reduces automobile reliance.
To the extent Aspen desires Accessory Dwelling Units which provide viable and livable
housing opportunities to local working residents, ADU's qualify existing vacant lots of
record and significant redevelopment of existing homes for an exemption from the
Growth Management Quota System. In addition, ADU's deed restricted to Mandatory
• Occupancy provide for certain Floor Area incentives.
26. 520.020 General
An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and subordinate
in size and character to the primary residence and located on the same parcel or on a
contiguous lot under the same ownership. A primary residence may have no more than one
ADU. An ADU may not be accessory to another ADU. An ADU cannot be conveyed as a
9
• •
property interest separate from the primary residence, and an ADU shall not be considered a
unit of density with regard to zoning requirements. Accessory dwelling units shall not be ,
used to obtain points in the affordable housing category of the Growth Management Quota
System (GMQS). Accessory dwelling units also may not be used to meet the requirements of
Chapter 26.530 "Residential Multi-Family Housing Replacement Program." All ADUs shall
be developed in conformance with this Section.
26. 520.030 Authority.
The Community Development Director, in accordance with the procedures, standards,
and limitations of this Chapter and of Common Development Review Procedures,
Section 26.304, shall approve, approve with conditions, or disapprove a land use
application for an Accessory Dwelling Unit.
An appeal of the Community Development Director's determination shall be considered
by the Planning and Zoning Commission and approved, approved with conditions, or
disapproved, pursuant to Section 26.520.080, Special Review.
A land use application requesting a variation of the ADU design standards shall be
approved, approved with conditions, or disapproved by the Planning and Zoning
Commission, pursuant to Section 26. 520.080, Special Review.
If the land use application requesting a variation of the ADU design standards is part of a
consolidated application process, authorized by the Community Development Director,
requiring consideration by the Historic Preservation Commission, the Historic
Preservation Commission shall approve, approve with conditions, or disapprove the
variation, pursuant to Section 26. 520.080, Special Review.
26. 520.040 Applicability
This Section applies to all zone districts within the City of Aspen in which an Accessory
Dwelling Unit is a permitted use, as designated in Section 26.710, and to all Accessory
Dwelling Units approved as a Conditional Use prior to the adoption of Ordinance No. 44,
Series of 1999.
26. 520.050 Design Standards
All ADUs shall conform to the following design standards unless otherwise approved,
pursuant to Section 26.520.080, Special Review:
1. An ADU must contain between 300 and 800 net livable square feet, 10% of which
must be a closet or storage area.
2. An ADU must be able to function as a separate dwelling unit. This includes the
following:
a) An ADU must be separately accessible from the exterior. An interior entrance
to the primary residence may be approved by the Commission, pursuant to
Special Review;
b) An ADU must have separately accessible utilities. This does not preclude
shared services;
10
c) An ADU shall contain a kitchen containing, at a minimum, an oven, a stove
with two burners, a sink, and'a refrigerator with a minimum of 6 cubic feet of
capacity and a freezer; and,
d) An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet,
and a shower.
3. One parking space for the ADU shall be provided on-site and shall remain available
for the benefit of the ADU resident. The parking space shall not be stacked with a
space for the primary residence.
4. An ADU shall be located within the dimensional requirements of the zone district in
which the property is located.
5. The roof design shall prevent snow and ice from shedding upon an entrance to an
ADU. If the entrance is accessed via stairs,sufficient means of preventing snow and
ice from accumulating on the stairs shall be provided.
6. ADUs shall be developed in accordance with the requirements of this title which
apply to residential development in general. These include, but are not limited to, the
Uniform Building Code requirements related to adequate natural light, ventilation,
fire egress, fire suppression, and sound attenuation between living units. This
.standard may not be varied.
7. All ADUs shall be registered with the Housing Authority and the property shall be
deed restricted in accordance with Section 26.520.070 Deed Restrictions. This
standard may not be varied.
26. 520.060 Calculations and Measurements
A. Floor Area.
ADUs are attributed to the maximum allowable floor area for the given property on
which they are developed, pursuant to Section 26.575.020 Calculations and
Measurements.
B. Net Livable Square Footage.
ADUs must contain between 300 and 800 square feet of net livable floor area, unless varied
through a land use review. The calculation of net livable area differs slightly from the
calculation of Floor Area inasmuch as it measures the interior dimensions of the unit.
26. 520.070 Deed Restrictions and Enforcement.
A. Deed Restrictions.
At a minimum, all properties containing an ADU shall be deed restricted in the following
manner:
• The ADU shall be registered with the Aspen/Pitkin County Housing Authority.
• Any occupant.of an ADU shall be qualified as a local working resident according
to the current Aspen/Pitkin County Housing Authority Guidelines, as amended.
• The ADU shall be restricted to lease periods of no less then six months in
duration, or as otherwise required by the current Aspen/Pitkin County Housing
Authority Guidelines. Leases must be recorded with the Housing Authority.
11
• •
Accessory Dwelling Units qualifying a property for a Floor Area Bonus, pursuant to
Section 26.575.020(A)(6), shall be deed restricted to Mandatory Occupancy. This
additional restriction requires the ADU be continuously occupied by a local working
resident, as defined by the Aspen/Pitkin County Housing Authority, for lease periods of
six months or greater. The owner shall retain the right to select a qualified renter.
The Aspen/Pitkin County Housing Authority shall provide a standard form for recording
Accessory Dwelling Unit deed restrictions. The deed restriction shall be recorded with
the Pitkin County Clerk and Recorder prior to an application for a building permit may be
accepted.The book and page associated with the recordation shall be noted in the
building permit plans for an ADU.
B. Enforcement.
The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the recorded
deed restriction between the property owner and Aspen/Pitkin County Housing Authority.
26. 520.080 Procedure
A. General.
Pursuant to Section 26.304.020, Pre-Application Conference, Applicants are encouraged
to meet with a City Planner of the Community Development Department to clarify the
requirements of the ADU Program.
A development application for an ADU shall include the requisite information and
materials,pursuant to Section 26.304.030.. In addition, the application shall include
scaled floor plans and elevations for the proposed.ADU. The application shall be
submitted to the Community Development Department.
Any bandit dwelling unit which can be demonstrated to have been in existence on or prior
to the adoption of Ordinance No. 44, Series of 1999, and which complies with the
requirements of this section may be legalized as an accessory dwelling unit, if it shall
meet the health and safety requirements of the Uniform Building Code, as determined by
the Chief Building Official. No retro-active penalties or assessments shall be levied
against any bandit unit upon legalization.
ADUs require a separate building.permit. After a Development Order has been issued for
an ADU, a building permit application may be submitted in conformance with Section
26.304.075.
B.Administrative Review.
In order to obtain a Development Order for an ADU, the Community Development
Director shall find the ADU in conformance with the criteria for administrative approval.
If an application is found to be inconsistent with these criteria, in whole or in part, the
applicant may either amend the application, apply for a Special Review to vary the design
12
•
• • •
standards, or apply for an appeal of the Director's finding pursuant to Subsection C,
below.
An application for an ADU may be approved, approved with conditions, or denied by the
Community Development Director based on the following criteria:
1. The proposed Accessory Dwelling Unit meets the requirements of Section 26.520.050,
Design Standards.
2. The applicable deed restriction for the Accessory Dwelling Unit has been accepted by the
Aspen /Pitkin County Housing Authority and the deed restriction is recorded prior to an
application for a building permit.
C.Appeal of Director's Determination.
An appeal of a determination made by the Community Development Director, shall be
reviewed as a Special Review pursuant to subsection D, below. In this case, the Community
Development Director's finding shall be forwarded as a recommendation and a new
application need not be filed.
D. Special Review.
An application requesting a variance from the ADU design standards, or an appeal of a
determination made by the Community Development Director, shall be processed as a
Special Review in accordance with the Common Development Review Procedure set
forth in Section 26.304. The Special Review shall be considered at a public hearing for
which notice has been posted and mailed, pursuant to Section 26.304.060(E)(3)(b and c).
Review is by the Planning and Zoning Commission. If the property is a Historic
Landmark, on the Inventory of Historic Sites and Structures, or within a Historic Overlay
District, and the application has been authorized for consolidation pursuant to Section
26.304, the Historic Preservation Commission shall consider the Special Review.
A Special Review for an ADU may be approved, approved with conditions, or denied
based on conformance with the following criteria:
1. The proposed ADU is designed in a manner which promotes the purpose of the ADU
program, promotes the purpose of the zone district in which it is proposed, and
promotes the unit's general livability; and,
2. The proposed ADU is designed to be compatible with,.and subordinate in character
to, the primary residence considering all dimensions, site configuration, landscaping,
privacy, and historical significance of the property; and,
3. The proposed ADU is designed in a manner which is compatible with or enhances the
character of the neighborhood considering all dimensions, density, designated view
planes, operating characteristics,traffic, availability of on-street parking, availability
of transit services, and walking proximity to employment and recreational
opportunities.
13
• s
•
E. Inspection and Acceptance.
Prior to issuance of a Certificate of Occupancy for an ADU, the Aspen/Pitkin County
Housing Authority, or the Chief Building Official, shall inspect the ADU for compliance
with the Design Standards. Any un-approved variations from these standards shall be
remedied or approved pursuant to this chapter prior to issuance of a Certificate of
Occupancy or Certificate of Compliance.
26. 520.090 Amendment of an ADU Development Order
A. Insubstantial Amendment.
An insubstantial amendment to an approved development order for an Accessory
Dwelling Unit may be authorized by the Community Development Director if:
1. The change is in conformance with the design standards, Section 26.520.050, or does not
exceed approved variations to the design standards; and,
2. The change does not alter the deed restriction for the ADU or the alteration to the deed
restriction has been approved by the Aspen/Pitkin County Housing Authority.
B. Other Amendments.
All other amendments to an approved development order for an Accessory Dwelling Unit
shall be reviewed pursuant to the terms and procedures of this Section.
14
5 i A • •
MEMORANDUM
To: Fred Jarman, Planner
From: Ben Ludlow, Project Engineer - -
Reference DRC Caseload Coordinator
•
Date: May 31, 2000
Re: Reich Stream Margin Review
The Development Review Committee has reviewed the Reich Stream Margin Review
application at their May 17, 2000 meeting and has compiled the following comments:
General •
1. Sufficiency of Submittal: DRC comments are based on the fact that we believe
that the submitted site plan is accurate, that it shows all site features, and that it is
feasible. The wording must be carried forward exactly as written unless prior consent is
received from the Engineering Department. This is to alleviate problems related to
approvals tied to "issuance of building permit."
2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way,
the encroachment must either be removed or be subject to current encroachment
license requirements.
Site Review
1. Site Drainage— Requirement—A drainage report was not submitted with the
application. The site development approvals must include the requirement meeting
runoff design standards of the Land Use Code at Sec. 26.580.020.A.6.a and a
requirement that, prior to the building permit application, a drainage mitigation plan
(24"x36" size plan sheet or on the lot grading plan) must meet the requirements of the
Engineering Department Interim Design Standards and must be submitted for review
and approval by the Engineering Department. The mitigation plan must also address the
temporary sediment control and containment plan for the construction phase. The
foundation drainage system should be separate from storm drainage, must be detained
and routed on site, and must be shown on drainage plans prior to application for building
permit. The drainage may be conveyed to existing landscaped areas if the drainage
report demonstrates that the percolation rate and the detention volume meet the design
storm.
Information —The City drainage criteria needs to be implemented. This
includes but is not limited to erosion control, soil stabilization, and vegetation
disturbance. Also, there needs to be an analysis of where the drainage will flow and
what adverse affects may arise from potential mud and debris flow.
Page 2 of 4 • •
06/05/00
Reich Stream Margin Review
2. Planning Department— Requirement—The following Requirements have
been provided by the City Planning Department: •
a. The proposed flagstone patio on the river side of the house is outside of the
building envelope. Construction outside the building envelope is not allowed.
However, at the discretion of the Community Development Director pursuant
to Section 26.575.110, it will be allowed to exist if it is 150 sq. ft. in total area
and constructed at grade.
b. The proposed extension of the existing berm located on the southerly
property line is outside of the building envelope. This extension is prohibited.
Construction of landscaping outside the building envelope located along the
proposed berm line is subject to approval. The berm extension is therefore
not approved as a part of this lot redevelopment.
3. Fire Protection District— Requirement—The following requirements have
been provided by the Aspen Fire Protection District:
a. NO COMMENTS SUBMITTED
4. Housing Department— Information —The following information has been
provided by the Housing Department:
a. The addition of the Accessory Dwelling Unit is an admirable quality of the
• project and it is hoped that the unit will be used as intended.
5. Streets Department— Requirement -As of the request of the Streets
. Department revisions need to be made as follows:
a. The applicant shall not track mud onto City streets during construction. A
washed rock or other style mud rack must be installed during construction.
6. 'Parks — Information —The following information has been provided by the
Parks Department:
a. A tree removal permit has been approved and under this permit it has been
stressed that the "Group B" trees are not to be removed.
b. There is an infringement of the dripline of the "Group A" tree near the
driveway. This needs to be corrected in the design.
c. The Parks Department requests a copy of the geotechnical report.
4 d. A fence detail for the protected area along the riverbank is needed for
approval.
e. A"ROW landscaping permit is required for all landscaping in the public right of
way and is subject to approval by the Parks Department.
7. Engineering — Requirement—The following requirements have been provided
by the Engineering Department:
a. ROW permits and Encroachment licenses will be required during construction -
if applicable.
Page 3 of 4 • •
06/05/00
Reich Stream Margin Review
b. There needs to be a separation with vegetation between the driveway and
the Francis St. ROW. This is to prevent direct drainage by the property into .
the Francis St. ROW. To also accommodate this problem, the property
owner may be required to landscape the a small portion of the area in the
Francis St. ROW.
c. A full soils report and drainage report are needed before the issuance of the
building permit. Presenting it in a timely manner is beneficial to the applicant
as well as the reviewer.
7. Utilities: A utility plan needs to be submitted before any real comments and
conclusions can be drawn by the utility companies.
- Water:
City Water Department - Requirement— The following information was given
by the City of Aspen Water Department:
a. NO COMMENTS SUBMITTED
- Wastewater:
Aspen Consolidated Waste District - Information —As a request of the
Consolidated Waste District, revisions need to be made as follows:
a. NO COMMENTS SUBMITTED
- Construction:
Work in the Public Right of Way - Requirement— Given the continuous
problems of unapproved work and development in public rights-of-way adjacent
to private property, we advise the applicant as follows:
Approvals
1. Engineering: The applicant receives approval from the City Engineering
Department (920-5080) for design of improvements, including
grading, drainage, transportation/streets, landscaping, and
encroachments within public right of way.
2. Parks: The applicant receives approval from the Parks Department (920-
5120) for vegetation species and for public trail disturbance.
3. Streets: The applicant receives approval from the Streets department
(920-5130) for mailboxes, finished pavement, surface materials on
streets, and alleyways.
4. Permits: Obtain R.O.W. permits for any work or development, involving
street cuts and landscaping from the Engineering Department.
Page4of4
06/05/00
Reich Stream Margin Review
DRC Attendees
Staff: Steve Hunter Applicant's Representative: Alan Richman
Ben Ludlow Geoff Lester
Steve Ellsperman
Sarah Oates
Cindy Christensen
Chris Bendon
Cindy Mohat
Fred Jarman
Nick Adeh
Joyce Ohison
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City of Aspen
Fax
To: Geoffrey Lester From: Fred Jarman, Planner
Fax: 920.4557 Pages: 4 including cover
Phone: 925.5590 Date: 5/22/00
Re: DRAC Information CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
Geoff,
I thought I would follow up to you regarding the requirements for the Design Review Appeals
Committee (DRAC) that we have in our code. In order to seek relief from the Residential Design
Standards, an application will need to be filed and reviewed. Alan knows the process well. I am
sending you the code language regarding this for your information.
Fred 920.5102
. ,
Part 200-Administration-Decision Making Bodies • Section 26.222.010
Chapter 26.222
DESIGN REVIEW APPEAL COMMITTEE
Sections:
26.222.010 Purpose.
26.222.020 Powers and duties.
26.222.030 Qualifications for membership.
26.222.040 Membership: appointment, removal, terms and vacancies.
26.222.050 Staff.
26.222.060 Quorum and necessary vote.
26.222.070 Meetings, hearings and procedure.
26.222.010 Purpose.
The Design Review Appeal Committee shall review, at a regular meeting. any appeal of the
Residential Design Standards. Any appeal for exemption from the Residential Design Standards
should simply and succinctly identify why, if granted, the exception would: (1) yield greater
compliance with the goals of the Aspen Area Community Plan, and (2) more effectively address the
issue or problem a given standard or provision responds to, or be clearly necessary for reasons of
fairness related to unusual site specific constraints
26.222.020 Powers and duties.
The Design Review Appeal Committee shall have the following powers and duties:
A. The hear, review and approve variances to the Residential Design Guidelines, pursuant to
Chapter 26.410;
B. To hear and decide appeals from, and review any order, requirement, decision, or
determination made by, any administrative official charged with the enforcement of Chapter
26.410, including appeals of interpretation of the text of the Residential Design Standards. The
Design Review .ppeal Committee may only grant relief from the Residential Design Standards. A
variance from the Residential Design Standards does not grant an approval to vary other standards
of this Chapter that may be provided by another decision making administrative body.
26.222.030 Qualifications for membership.
Members of the Design Review Appeal Committee shall be qualified electors in the City of
Aspen and residents of the city for two (2) years prior to appointment. In the event that any
member is no longer a qualified elector, the City Council shall terminate the appointment of such a
person as a member of the Design Review Appeal Committee.
City of Aspen Land Use Code Page -42 Revised 07/01/99
4
Part 200—Administration—Decision Ma odies 0 Section 26.220.080
of the assigned project, keep current on the project's status through staff and the applicant, and be
available to confer with staff and the applicant on the project, if necessary.
D. Time during "communications" in each meeting will be dedicated to project monitoring
reports.
City of Aspen Land Use Code Page -41 Revised 07/01/99
Part 200-Administration-Decision MallePodies Section 26.222.040
26.222.040 Membership: appointment, removal, terms and vacancies.
A. The Design Review Appeal Committee shall be composed of five (5) members and one (1)
alternate member who shall be appointed by the City Council. Three (3) members from the Historic
Preservation Commission and two (2) members, plus the alternate shall be selected from the
Planning and Zoning Commission. There shall be no restraint on the number of terms any member
may serve. An alternate member shall attend all meetings and shall be allowed to vote in the
absence of regular members. When a regular member resigns, the alternate shall automatically be
designated as a regular member in replacement.
B. Members shall serve in accordance with the laws of Colorado and may be removed before
the expiration of their appointment by a majority vote of the City Council.
C. At an annual organizational meeting, to be held in August of each year, the members of the
board shall elect one (1) of their members as chairperson and one (1) as vice-chairperson. The
chairperson shall be elected for one (1) year and shall be eligible for reelection.
D. The chairperson of the Design Review Appeal Committee shall administer oaths, shall be in
charge of all proceedings before the Committee, shall decide all points of order on procedure, and
shall take such action as shall be necessary to preserve the order and integrity of all proceedings
before the Committee.
E. The secretary of the Design Review Appeal Committee shall be the City Clerk or the City
Clerk's designee. The secretary shall keep the minutes, and maintain the files of all reports and
actions of the Committee.
F. Any member who has four (4) or more unexcused absences from regular meetings during
the calendar year may be subject to removal by the City Council.
26.222.050 Staff.
The Community Development Department shall be the professional staff of the Design
Review Appeal Committee.
26.222.060 Quorum and necessary vote.
A. No meeting of the Design Review Appeal Committee shall be called to order, without a
quorum consisting of at least three (3) members of the Committee being present. No meeting at
which less than a quorum shall be present shall conduct any business other than to continue the
agenda items to a date certain.
B. The concurring vote of three (3) members of the Design Review Appeal Committee then
present and voting shall be required to decide any appeal, reverse any order, requirement, decision
or determination made by an administrative official charged with the enforcement of the Residential
Design Standards or to approve any variance to the Residential Design Standards. All other actions
City of Aspen Land Use Code Page -43 Revised 07/01/99
Part 200-Administration-Decision Makilies • Section 26.222.060
shall require the concurring vote of a simple majority of the members of the Committee then
present and voting.
•
26.222.070 Meetings, hearings and procedure.
A. Meetings of the Design Review Appeal Committee shall be held on the, second Thursday
of each month when necessary. Special meetings may be called by the chairperson, the
vice-chairperson when the chairperson is absent, or in writing by three (3). members of
the Committee.
B. All meetings of the Design Review Appeal Committee shall be open to the public, and
project sites for specific appeals shall be required to post the property at least five (5)
days prior to the hearing before the Committee.
C. All applications for appeals to the Design Review Appeal Committ.. e shall be
accompanied by a fee, as established from time to time by the City Council, to defray the
cost of processing the application.
•
•
City of Aspen Land Use Code Page -44 Revised 07/01/99 •
•
• Part 200-Administration-Decision Ma Bodies • Section 26.222.060
shall require the concurring vote of a simple majority of the members of the Committee then
present and voting.
•
26.222.070 Meetings, hearings and procedure.
A. Meetings of the Design Review Appeal Committee shall be held on the second Thursday
of each month when necessary. Special meetings may be called by the chairperson, the
vice-chairperson when the chairperson is absent, or in writing by three (3) members of
the Committee.
B. All meetings of the Design Review Appeal Committee shall be open to the public, and
project sites for specific appeals shall be required to post the property at least five (5)
days prior to the hearing before the Committee.
C. All applications for appeals to the Design Review Appeal Commit a shall be
accompanied by a fee, as established from time to time by the City Council, to defray the
cost of processing the application.
City of Aspen Land Use Code Page -44 Revised 07/01/99
MAY.18.2000 11:04AM ASPEN HOUSING OFC NO.040 P.1
• •
MEMORANDUM
TO: Fred Jarman, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE: March 7, 2000
RE: REICH ADU REVIEW-375 N. Spring Street
Parcel ID No.
ISSUE: The applicant is requesting approval to construct a single-family home and a
standalone accessory dwelling unit.
BACKGROUND: According to Section 26.520, Accessory Dwelling Units, accessory
dwelling units shall conform to the following conditions:
1. the unit shall contain not less than 300 square feet or not more than 700 square feet;
2. the unit shall be deed restricted meeting the Housing Authority's ROguidelines;
3. if the unit is rented, it shall be limited to rental periods of not less than six months in
duration;
4. one parking space shall be provided on-site for each studio unit, and for each bedroom
within a one-or two-bedroom accessory dwelling unit;
5. the kitchen shall contain at least a two-burner stove with oven, a standard-size sink, and at
least a six-cubic foot refrigerator plus freezer;and
6 a deed restriction is placed on the unit priorto building permit approval.
RECOMMENDATION: Staff recommends approval of the accessory dwelling unit as
long as conditions 'I through 6 are met. Staff would also require a site visit prior to
Certificate of Occupancy.
The applicant should be commended for this exceptional unit as It Is totally above grade
and detached from the principal residence. It is the hope of Staff, however, that the unit
will be occupied by qualified employees of Pitkin County and not sit vacant, although
there is no requirement for renting the unit.
damwordVeterraMeichadu,doc
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REICH STREAM MARGIN AMENDMENT #2
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Sarah Oates, 10:25 AM 5/31/00 -0600, reich project Page 1 of 1
X-Sender: saraho @comdev
X-Mailer: Windows Eudora Pro Version 2.2 (32)
Date: Wed, 31 May 2000 10:25:43 -0600
To: stephene @ci.aspen.co.us
From: Sarah Oates <saraho @ci.aspen.co.us>
Subject: reich project
Cc: fredj @ci.aspen.co.us
Stephen--
Just a FYI about the Reich project. I just spoke to the architect and they
are looking at a proposal which would involve removing the "B" trees to meet
the residential design stds. I just wanted to let you know this issue is
being tossed around again, and they may be coming to talk to you. They can
meet the design standards without removing the trees but they may be trying
to use that as leverage or something.
Let me know if you have any questions.
Sarah
Printed for Fred Jarman<fredj @ci.aspen.co.us> 6/6/00
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