Loading...
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 • • 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 • 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 § t5yf '�gF � �'R B T °�R k !••W RE ,BY �i DUE a k,"f �MTG DATE ?GREY BODYPH NOTICED s s \ ', .... — r •s� •ic y„.', k e �'✓ ^. S r ri: DATE OF EINA1=4CT16141 ` • 0 --• CITY COUNCIL- VS REMARKS Z P BOAS CLOSED / LG fi Y J PL°AT SUBMITD PLAT(BK,PD) ADMIN. .r, •gl r • • • • • • • • • SEEP^26_2HHD, d:56-th rn nn ir • NO.234 F.e/3 C! NOTICE OF DECISION TO: Julie Ann Woods,Community Development Director Joyce Ohlson, Deputy Director • 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 �V V ® 0 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 . 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 • • 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° I 1 1,l ; REPRESENTATIVE: Alan Richman, ti 1 �' i E Alan Richman 1 1t Y ' ''. Planning Services : i ` _ , ,.,; .l h PARCEL ID: 2737-073-10-001 ' • ADDRESS: 375 North Spring Street, Aspen, Colorado = ..— . ,—. �_ , 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. * r a rte, r,,.. r �. 43, t ` 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� t:L 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 2 • MIME 0 • � V 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 Z 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 3 MOM 0 MINN U • M aim" 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 4 • • • �.�.= 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$37,719.80 must be met in full within the property through a planned out and thorough Landscape Design by a professional Landscape Architect or designer. There are many areas within the property, which will be required to remain as native vegetation, most importantly the riparian corridor along the river. The applicant must provide this landscape design to the Natural Resources Manager for review well in advance of completion of the project. Full mitigation must be met on site or must be paid in cash-in- lieu to the City Reforestation Fund. Receipts of all TREE installation must be kept and verified; 12. The applicant must provide Tree Protection Fencing in the form of Chain Link Panel Fencing around the drip line of all vegetation to be saved on site. The applicant MUST call the City Forester for an inspection of this fencing before ANY construction activities begin. No excavation, storage of materials, or any other use will occur within this zone during construction activities; 13. Construction and Silt Protection Fencing MUST be placed along the Stream Margin area for protection of the Roaring Fork River Corridor BEFORE any construction activities are to begin. No activities (except perhaps restoration) shall occur within this protection zone. The applicant is required to submit a detailed riparian fencing plan detailing the 5 • protected area along the riverbank prior to the application of building permits. City ammo Forester must be called for an inspection before any construction activities begin; °v - z 14. No certificate of occupancy shall be issued before all requirements are met; -g 15. There is an infringement of the drip line of the "Group A" tree near the driveway. This MEM 6.4 NEN'$ea needs to.be corrected in the design; ei ■■� z 16. The applicant shall submit a copy of the soils report to the Parks Department prior to =i a application of building permits; o 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; —-mz 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. • 6 • 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. * ETAUd N sTrai z 7 - " riga ti; eteee.,p Applicant's Signature G/ -co raa ea Er �-�O -• 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 0 • MAPS/DRAWINGS • 0 • STAIR •. CLOSET BATH C BATH r------ — • BEDROOM / BEDROOM 11-711 r If / W In f O i \ v I V , �____ 2nd FLOOR PLAN ,370 sr STAIR LAUNDRY LN/NG --1,---- STORAGE MECH. •-CLST. PDR. • ■ PORCH (( DINING '' KIT. Oo 1111101 O o • 1st FLOOR PLAN 4.30 sf 4 - 21 - 00 Ai. = 1'-0" ACCESSORY DWELLING UNIT SzS99t60L6:XVd .06c9-9i60L6:3131.saw O7'SOWVM03•SON 31S'OMB 37VIM SOIVMU3 SOW �QV21030�'N3dSV < L9S6�UOL6 %' •9ELE�zLAL6 3131•SEbIS oO'30O107131.3AV o(IVao1o3 3 ozz 1331J1S JNI IdS'N SLE 66E9-E960L6:XVI•Y6E9-4960L6 3131•EZ919 00'31VONO8NYO.ZEZ 311115••1S NIVW WS $ r O LSSb-OZ40L6 7fV1 • 06SS-Ji60L6 3131 • L 9l9 OJ'N]15V • '3AV NVWM4 1SV3 019 § 7 I U U SL�31/H��Ib 3�11NN(]� S37?IbH� 3�N30/S32 33a1S �NRdS z. O 40 O V^^ j I Z `1' C Z p W O b g • . z"" W 3 �gg g W gg•a2 w & R o d W a `gW f-) r 2 p W 'L ,j W a ( o� 05 Q Z W U N UO Y 1%. R i d a o d g W4.,:q a[(� rI/ ��♦�� _i_ W ��v:l Y vi��v, R 1_ _, . „... J ��� ti5 LI .-ioi_ a I-.�o.- (n l3]HIS SIONVEld ,60'58! Al,00,OF PIN• a 411/ P, �• i. i 1 4 •11111111 t- I4 ' 6 g clt troll ■ , U\ '. , n. cc 7 F ,,'',, "I / 'u♦i♦��.4 ♦♦N'• '`.. ■ spa t S♦ °I 0r Q d u� '•�\ �;,` / ♦ • ♦♦♦awe• w.,/._4 o. Z •C Z :N� ......... .�•,�1�11�1��1, ," �i�J t 4.4.k. '%10,S� ►y y�� W I G ~ O d °•\ :11:'11,•••'i� 44"1-:••. ■∎ ••� •♦•• F� 211 tl w (A 2 0.∎∎ol,i�1� SC• TQ \W I- ` 1 � i4i. it., r?11+�.� br 1.!-4ie :Y i l A� O ■ ��Z . •∎ ��F.1.10∎ oIi tir .\ ii % • /.N t�� `Fib \ S11�RV/9M ail!4-.�lilll��fYl' uJ-cm +Wll,vRll� N, N- wt.�.t. rw.. .I WV/9M x was._ ti-). . 1trIi . 1• ".'...ii I • \ \ ,I9•f al 3 00,01 P15 / // >., r ■Ii o / 83 4 0 I / _ 10) T EL•78645' RIVER SITE SECTION I • EXHIBITS • .. • • . ''',!:'-4,..,.-',• • . ' 'io% . .. . . , . ,..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. - -. . '-J-, .._ -- . _. • . F•11 t„.:: .. _ 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 cr: . :4: , •• .r. x • . . . . :..-. •'' . o a. tuba • County of Pitkin .State of Coheado.wanton SC and ...,:- ., 0 .spenice C. Reich >. ,•. . •• ' - whose legal address is Suite 200, 3801 E. Florida, C40 Denver, Colorado 80210 .. . , . \il. vr • ... . . ,„, • . • • (.‘- ,-.. •‘■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: . . : 0 I.. . • . c. .;.1 :..'k •'-z.- .._.. . . t•-,z,,,1,0 . . - , (...) 1...., -•40..... Lots 8, 9, 10, 11 and the North half of • . x Lot 7, Block 1, Oklahoma Flats Addition, 1. A —. . . City of Aspen, Pitkin County, Colorado . I . . • • , • . . . • , • . , . . .1 $11111)• ' ' . . • . \ . . • . . • . : • 'I . • I. . . - .. .1 . . . . . ., • • 1 .4:11) . . i . .: . . . , ! • /4444944)/yAmit,444,44‘.. .. . . ..• 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? 11/4( ' • ' . s...... '\ . -• t . A ,. Richard W. Volk, Trustee , . . • :...4%1V 1 -UTA dated March 10. 1984 1 : .... . . ••—, . • i . • • .. ':1 ,. STATE OF COLORADO - - 5.. ..I Counts of Pitkin S. s ., ....2 -. 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 • • . ,_ • r..-.. ••• -• . ' ,.. . . , • :.: •. • „ . .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 /-- "-,'TA i • —.. - -. - _ .. • ..., • *40444/VViA4Wei . . . . . . . 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 ( , c-, fl 11 l \ Nota Public C pig 3 • / rFA I,o "+"n J S 74'30'071!? 183. (�� / -)•U. ct.-.1 ' A 154.0' . Y. / -I 1_1-4 /7— -- r-,--\er , 7.--.. )i 1-- I, rcam \�i \� �'cr J t11 e I L� r ,<1. I t� ' I�_�J C c t _ �l i ` rK LatiE ; 3 r Z L. �, :7-.4_,4,...f._,,,r c 1 roc $ �1 L r k , 1 r 0 E L\ 1 LO1 8,q,10, I1 4I.I1/2_7 I , Z cC • ` / Z C ' —— r Lrss Vie& / J; D. �:;c r -(. •.` \ -I, r,., 1') ` I �� n'�-∎ ) I ' '7' / ;°°to )',Th N 74:xi CO4 W 1.4-5 G7'• J o _ '., \ -, , , \ \ ' 1\74 ZO Ra.w f e ' _ / `I :\ fil 1 •-•. ' __\:.. N •. ../\ •.:".4 \s . I 4 1- • \..\\‘\ \•••\.• Z \).i. . Parse( : 1 {\ \ • , . , . 1.. • 8.aoo .r. }>,.m_0 Nb 6Nv '•-- 78'2--- \\, \ • �: \a •. \••\ \ i il\ • i\\''\ 1n) ' \\ ''. J •_ - hVr�../G'YBD ?t- c.v./As( • 1 IF.a.M,�.. F-1-.0.0 o wfa.r • o0 . W�= �� W O= 4 ro RZ1ct g W O by aL. . � o Q qcz 1 c — o C.) 4 • 3 1---1 I.C.43 cr--- c5 CQ tAl Lt.mQ J LL. Q C OQ Q 9 J 0 ! Q cc Q 2 i 4-c r9 v o� 0 3-,--- Ll C Wgo lu ~„. ~ ,i ” . 03 . " 3, 4W1 �O 4QL, 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 • • 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. 6 411 • 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 • • 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 • • 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 • E X C STAIR II III I, Ili ��! HH VIII'' H, . (CLOSET BATH BATH• BEDROOM. _ . BEDROOM 1 W \ • o 3: 2nd FLOOR PLAN • 370 st • STAIR LAUNDRY WING ECHAGE CLST. PDR. PORCH DINING'. ;.e_.,! KIT. 00i L O of 1st FLOOR PLAN 430 sf 4 - 21 00 /8" = 11-0" • ACCESSORY DWELLING UNIT ' crS9/006• 1 •009-1001:7111.scpIR OD'SONN113.cow us`anss r7VIM 90lVM01 sole Odd210io 'N3dSd " < . C9S6-9W13/6 .RCLE-RLlpt6:1111.SCDIR OJ'3Llnin-n 1•'3AV OOVMQ10J'3 OZZ 13]i1S JNI21dS'N SLE 66C9-t9641L6:11V3.16M-t960L6:1111•LZ915 03'31VONORMYJ•ZCZ 3lln5.'1S NMI WS T� E O 31 MI-OL6OL6 1(V3 • 0655-SL60L6:3151 • 11915 OJ'N3d5V • '3AV NYSYLJI 15V3 Ol9 • g i a z A il 0 SJJ31IHJ�!V 33.dINNf7J S37?IVHJ 3JN3o1S3?I 1338.1 I d a s P S �N2/ S P Z s CI-0 ' .. 2, W W% Z O .__ 4 8 • Q 4 wk "' Q 40 ir 3W W CI•x Z 8 Z Z Z WWd W . 3�a ` t� LIA ♦� n I W I Ii. I w r J. ,2 LIB /111 1...........1 . � u �: I' ; 4 g E I co - -- i - • 133EILS • SICNVEl3 ,60'S'EI Al.00,0f PIN V\ Ntiti :SA •'{ .'; _ I I 11, ''), .. \\\ .'. . : .,, III � � Q —1) \ )(------ U �,� \ \- i iF-1n 111 II. •/ •; a /• � '' I �•N o 7 1 � • � I q o U�,\ "�i 5 - \ •• . .. .. 0 . 41 — \,_ .... H.-:......%,:z_—. li . . . .. • . 4.':• . ) i., ..ei,,.:... fi , - , .. ii% 1 ,_, - • "• • .... • ,‘„ - .. .. . .. ,\ . -- % . . , •. , ...L..... •. • • ..,.. • •••._...--.....-...-....:,: ,. • •..:. 40- \ cs •:-.::. .1.'..141,i,•%,.. °Ill .• .,c.A. • . ••1•..:1........'Weikittlik 0,0,1% \\. ie •• •..:: .•• , -1,‘ . 8 - i-- u � :�: � �k �I � �, r ii► y — I— — N -,,..L....\ \ 7 a,- • 7. � � �. osa I O U- �i� n ..> z a ••.•0.4141...4 _-- \g. • • •• - _ c u) t_ ,\ ,. 1 �, , I I 1 LE_ O \ � , z ♦ - Y C• C '\\ // 0 ' ♦■ ♦' , D O 1�� ' ♦'•♦��♦•♦• Z.St.♦* i s• S. 1 (/J Q \ - �' Vic..,• •������ rs II v if IX ; ��Ai, Aiill.. ,, %S :-AP.-.4‘.- '' -"-- ■•■•■,.A.+■•■•■•■••.+SA... dik. "ilt.--'. .14■• db.401)444:--tt.:V- i• i \ - .' ' ' • - y - —L.I -. g. • • Ar�{ •.•� ` ,, } " .- � N .I _ .� •.- ~ , - ® 1 . \ 1 • I : i / ,., 0"/ / / r ■, / ° / iz L . o / • S a A. N EL••78615' . • • . e .. . . . . . ..,, raw, RIVER ; • SITE SECTION • • • EXHIBIT E PARCEL 2737-073-10-001 LOCATION AND VICINITY MAP 4-7 .� , 4++ Reich Stream Margin Amendment •. Parcel ID: 2737-073-10001 , . � ' Address:375 North Spring Street - »r t .. ` :. Planner Fred Jarman "'* • �`.x I' �. '7#� '4"• ,r,• r.t ,, i' .r , f *.•w }- - .d.. �T,'tt. it ,7, q �Y♦ TV ..* 14 / , 1 x±.6;+1{ ` e.... ,„ j�^' i� f f1•E '` 9df p A��Av iii '' ZA 17 • 0 EXHIBIT F PHOTO DOCUMENTATION : :`r �, .�Ste. 14 ,A, ., .g; >,� = ,rte ' L 4 ,w r.- ,':. " #.-,i;;;;,.",,... "V(i ' •yam 9 .a. +Fn;9. i L k' �C +v.,j i'�. ; .d"s a!s rF ..""�� �.. 7 •,Qa•{ 1&,$.� *: s � t ai .. - .i •� 5•r .• r {. :Al, vat L'. s rr 66 .V .,''� � G . r t ,.. ' i a 'r •.f i Q• f.. . ''wa .4 r. ti a .y ( t.: ti Tree stand "B" to be saved Tree stand "A" to be saved c 'u �Sv aa , j`4:1��'fVi.i'^: ,,t a, !K', ., `1,t`x+.5.1 ;:tfrt/+ lysF•r t.: - `--- . - 17' ,r!Y 1 �'T." ,..1,-c-,,,- \.• A ate 4j i ..• ? ":• �!, ''..4**.' t` . _ ' a • ?x.` .i.2N4' 'r � .f ,f•�n7•xt a `C/,! :41.;1".i.:...„` f . ,;• 7 -..± 1` ., f '"Lf.I : i„,..,' Ths ys.�• yam H∎y t, �,,$�..p _•��.'` „-r •Ya ' tot .w .} ,, • 1 "'.w+ .r l 1 la 7 `r�•,'r=L�'tii3 .� e. h .41No. -0:7 y •.Y i.o .s. ,,..-'R �`v,,` � r,1., a i.V!r .„..•i.L: r ip '1,15'... , * farM• . ;�!." tidt �. ., .• , ,4-,,--,-- ,-4 . , Y f Y( • v� J •op o :an Y Tree stand in from of property ,.;� t i of , 'fi,,t S w•' } fo T 'tut. r w'• Vii 4a •i� y��;w 'r� .�� •d 1'�•' .., .. ,„n , i i,m, . A 1 f�S �ek.1J ,y i • i '�I .w_ a 'fl • ii •I, 1 /1,..$1 i< r rG► _ •„,4'S.•� s .' 4 . _ ...may,"!” +0�kr*** "^-.,.P40 F���`42.- f' ice 'r ..�. i`° y r '�'�.! `^ .•11 it. ...« ,,-. .,,,-;0,.....- t. n.. -----.:".;',....-s... v . Structure on property Francis Street Easement& Access to Lot 15 . • • 0 , - 5 *'.'''; ' ,6 ,-. .- . . • , . -1•I r ... .. ,., -..,:r ,... -5 ,...4 r ,. A...1 r 4 Ift,..*P.,.."'iat .4.'til**3,• •.i'lt-. r i';'‘....*".$,.';it' .,1 ' 1 e . • - .1r ,,Tr. ii;q3:•. i ..' - .4 .e., .-,4" —* ..* 0t, 'r , 44, -.*:..f.t'• •A".*".G•r"... ,.. 14 fir r . . <:„ ..,,,, • t,,,, ..,%..- :: , :42..., 1r / -, , —. or,--.1P•fotte, ,. _,• , ",„:" 4 -...- ....-- --, . ._ -mr - . .?,....v.„4„.......... -,■46...., -,,"-,. ' .I.,, 0, •''',.0%.1411.1 ".' 44;1'1'. 41",tijil ": , . /../ ..„,, .., .. •i ■ '''..,:‘, .-:, t 4ir r,&- .4' '7-`,.- ,:e,jr:.•,,i, "- . , . 4 kr- - i ...... . — . $1 ' ` 1.,a•V ..-!' - '1,",',4'''.1'•• j•- U -1.4 i „...... -pier , . .. . 11, ••• 7•''''k. . ... ' ,'l'''.,'' )t.0%;.;?! P's.:11., ; q,,,,,41,, . 1,-. / f i ' r - :?, -..,,,:•,, • -,,,----:. ,.',.... ‘,,.,,-`4.-' , .., , '' ' • • f •%,•...,7 , ' ',•• 'Al.. ** .' 7 Si .1•,, . r # . . i a.. W.... r . . lifif ....APAR ,i, • ".i'• .4,:..c. .4.,•sf• .., 1 . . . • . , - .... .....4^,' • . ., .,. A \*AL . •. i 4 . ...- -•tr."'"'"-=',.. . /„. •tt. '".• .4*.t. ''''‘'.' ...14..• *414" ' '°'" " r . , . . , 4 '' r, .T' ''''''''' '. 41'*>;41',,. ii,'. ,4,,f..'IV, - ... .f ,' ,.. P' .'''..: '''' ^'.,(4.7'''..‘',..1.'','f't ''..,,, --'''*,_t‘ , ' t" ,0"te. ,. i! (t 4;4■71,:i"if",:'tNt'.'`.1),*1. '‘ .V .j'' . ' ' • ,0 . Ark .. , ,. „,,..:,....,,,., , ,, .:4- g .. rf•-•Ir r.;* . -,'Nr! •rt-$.,* .-, tr.- 11,- ' :d^ :,• 14:r.;„t• ..-, ,A....„.., .. ,„,„ .4..),,,,4,• - .41,-„,... ....11132.9.-„t„,,,,,.... ,..' 7-4 j j iralik, -- •-, - •-ii- ko...!--„,„„1„( pm._,...,, .:,:e .• .;:t c•••.,•-:;.., `.-,., '-,,':1„:„ ., „-- - 2-:„,c4 aw :0•4';',....4„:14-1--•47.,cos.„...-. '• - . ,•-;" - . .:,'Nifit.,, r: v". - .74Sitlir'r • '1'4° ,.., .. _.,-; -1 ... .e. . ., ,... ,..,„, :„...:.,-_-... - . ..... . 0"—r, 44r.4-$...N......1C. .00. allftalir..■ ...- . ....... Existing Berm on southerly property line House moved onto property in 1998 I t IP • •,..... . ‘ i, . . ,., 2-rM* TAO fttliPT 11. '11*, ' , li ••4/ • A . :,$,.1 ,•1•,4 1.::...1„;". ' ; ..1. 4. :••/,$7 ti 2 . A.' ''' ‘. :. ..: '" . f•r1 4 ..4,1 7ot:ie. •• , ' AI V* ..4 ‘4 Z It;...;.01,4*** '*trFf 4, i''.L. '4- ..,!!4, 'I a$14, • ...,,:, r- ,.. -:k.',,,a'r, •-.* , 4 rtfr. 1 1 J fi; .k., i (••,. .s, .t: 1 ",,, -'''‘'!!'• v a...0-,.. **klel `.•r iir ..rp, :. ,.?,- , .. . War k ti it, -itifyi! ; 'ill:*•- '' t I `..* 'r : .-1,1,,,-. . /4 4; .... ,,...,411; t ,•,..t . . ti,,'. *‘4*. :ik IA',I, • • 7.'.1„.te .4..4.."': A Allt li;,",.. .,•6? : .! - fr "----41C^:-."C'.. 1:- C"":-Ii.••'-. '' 4. 1/4' . -tk, 14: v., 1:1!"' •P ' ' ' ? 4 _ t , a s" ,,, , ‘,..,.0,..4--" . "r.--VA ,-1;:d k, • ., ,.....„, ,.. e . , .., , •• '.1 !,, "V .*•..'S , 11, ,iv if!, -i: . .'7,4„,,s,, k ,t1.11 ,,, ' ; ''''. '',411;:.'1 ; ' ,•*. •il''.• I. ' ° ' :1•."A' . .-fot . . • : ? :.:,.. - .,,..._--IN,•i - , • q:•-• / •• ' ' t;' . ;\--1' , .. . :-- --.- -,-,.'4..'k •-•'•• ).: .• ". %A.; !--,‘ . .'' '.',72".. ', re . 1 . .4 ' . ,.'4 :. .'■., .k'-'"'"•NV,....'0' Itk ' .47.,7$ .• I • ;t:e:f kers . I; , , . .., it. A. .k .,- . ;, « ,, • ...4...__‘'' i ' ‘WI' '' 1 N.-./it.•, - 1 .,, t .. ki .. , f- 4 4:„,... . ....- . . • .,j4. ' . .i •re,•;$, 'r‘'.*$ - ........ .... ....$ :,--........"0-• ..44 '..,'''''',. . .,,,t1. . ;.... :fi•• .,".1. „, •-••■■•.••e,,,:, , ' . •:"‘;'..11'.•...,',.'','".''.. .'''..4•"-,, At.-.'F:12, ''it.tsAal, I:1--,..1.'. '.,•,' .,1 ., ' -.. s.ilt. ...- .- . . - - ..,,......,.,. r.. :..".', ...a -• •-••,la .....{.?••''• 1 ...•,,.,”' '''. .... I •••it .,?- 4 -. '''' - ''''''" :ed. ,7, • ', .:,-,,,...-'*. -,A.,',1,;.*,...; •A... ..._.,N;.'* , 4,,-..:',..-----..1"14 .,...1. ,iii•..1:Ar , .,.r....sts.,,,K, ,i.e. ,yi .■•‘' -4. . '''. 444:%,40.' %.te'li •. Sit A'AA:44.4 r 4. ,,..,. ;61...V.,. r.',I.*I.'P..0,4.......X;., ' , . I. * 7. ' .''' '. ' ' '. .'.1.,...''':1,V la f,07.6i, 17.: 1 7,1 0'PI. . ' %.:,:k. ',:,f);4k. --..'• •'.^4',"...e..• • .:.• ..,)1. .29...1,:t,-,, •.-,-;.,1,„.,..vir, ., ..t,...-_. 4 pi.... ..,,,,11...% :4,..7., ,, .,• '""- . — ,.; - .,,. 1„:„,...- fr.tfai4:9;...,";,..1%:(4.,„-.:;,.:;41y:',,,■!,ii... 4,47;;;;,,,,',•:,:,,,,,, s ....' ' . ,``' '' erri4 . , . .' , .•01)rt.;•,".' ,.;.'1A•Z -,',..:*"" "C.'411: • •.% .V,'... •••:—'.• • ,..::..".. ' • 4,147,Yei-4.,„',...t$, ... .'•-•;3,4;01-`9"''' . ' .• •,' 17.-.,.% ''.- .','"'..,'!"'-.,-, -•-7,..',4',1h!.... ...SA:Pi-0,11.1#, •''' .:41tizt„..w•-•.;;•.:L,--',-•':;;•..,6.i•':.-... ..-+... q.„........ ,.....•.,„.- .... Trees on Spring Street side ot property Example of Riparian Zone Vegetation .,m..... ,,,,--3+ '1 L - /Neighbor .....1::;;:.-. ..:',..:,i',1".'4.,.6.',rk"...:,,T4.,,r,-,--'1'41.f:7,,,,t'.1„),:-‘,;-...„ 'il,l'ere.4.,•,':sr-1,7i.. ...,..1.•"-N'r.:4..f06,.:44--,_‘_,$•:..i..,4: ',,f. --,..{, ;,..4 : ..,,,I,...-.c;,,,,?:.. .",i, -I9 1'1•,%Act:s:ils. •N --? 4.4''''..■. 4'"..4%1?. 'ir.„k3:::.••-." ‘'l ' 1.1; ',.:,V1 . d• . '"jig•e• ). AP••' 1 N. ''.1, • ,.2144 ' t -• . -1, ;....•• 1 , ..., ..,:s. , •,,..., , •i! l'i .•'. -10 . . ‘,.•. ,„,.. • --.....1 , . .„ ../ .1 - •---,,,..,........ ..-.- . .,, •..,..,-, .% • , . -- 74:.'" -.--- . '. "10",-.:4••• ' : tf`.'1..; '' '‘ A.1.. 4..=‘•••.","'''''' ---"' . ",..4.4. ..%. .... ........ ,.... • ..- • i . North Spring Street side of property 16 MEMORANDUM X4 �9 sr r 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 • • 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 • • 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 • • 0 90 .1,1.g. 0; 1dd811S ONIHIdS ___ V., a 1 OS'L£l 3 00,0£ SlN (III \ No,1V31030 133NiS 0351/1321 . ,. Tt. _ __ .\ ‘Ali? JP` rd's R 1��� � �����I M, joie .r la ill • -___th•. - : .• WO' tn r,„r,, I . ... • . • .. . . . . , . . . ..._ ■4.,__ 0 _i 3N I 7 II.WEI.135-s#4' ,.fr 4 (." '''13."*.6...,:'':,1.1 ems . ♦ ♦ i . � 41 ,� ' i UYR e I. ILA • , A m lye '' ,4 ♦��► : • •�- ►11'1•- \o,°0 -' o ��1• : ili \__- ID: . I i * I ‘ • ,•%., ,1 awl • ...•. .--# 4. 11/11?"- • I �"° 1030,00 ������ N I eI wssw . . • . • _ .„..,•,„...... , .•. •. •A 0 • 116 _...,,,....______ N3_,, .... .,:,,,,„ . . • . . • . .. \ .,0,,,,,,k, . . . . . . . . 61• ��,.{j(( • .�+ �"0.,„i..•a ��4 f r .'..••..,.....'•:• .•--• . ".9..' .-...••...::-. ,, ,...,, \A ill` • -��.��si�i di trip-- 1 11/ �0441-• y� ,1 Not j . L------- ,,,,,1 04,8,,, al\". ,. ..,.yt, ,F \ ,,- ..../. 0 -40,°' 740IPP— . ,' -...----,......- • ,.......3;-��cos NOIIIGOV Sltfld VWOHV1NO REICH STREAM MARGIN AMENDMENT #2 0,, LOTS 8, 9, 10, 11 and NORTH 12 OF LOT 7 OKLAHOMA FLATS ADDITION •� NE FORK �\��� W%i� RO PRANG S�SE�j\oN ` .,�.. i ► Air 50 • 14'4.•2 / \PN\j-Gc's-rkl\°''''---------: L...._ it .4,,,,;.. 1 SONS PP/ �� R F\AGGPppEI / ±i> • „,......--- ' ) ,fi4 4•, �'� i .•.i1-:s ice' 01 ° \i , •%iVI ' •4* . • et .3 '�r I,• ���►♦ / .A. 4 _I ` ;♦ i -------6,-,,Ai, ' �� `v sbs:,-,..„ . ri 1�■ •,„, li 1, „ : ----- �� AI' emu. 0� Xria ,40111- Airij`, '‘".'-- - :42 0 \Sim ' 1111t 1, lit *ill .se �� • ♦r ice AI.e .. &.19 , „• -.40- - . . ... --.. ok - . a. . si 1 ••i.- f. ini • • I I' i ETBACK L/NE► �T e - r- lig; ::z-,■ — • —To-- . � /\ .• .";M �, REVISED STREET DEDICAT10N ___ L to • 4 ►�� N15 30'00£ 137.50' . SPRING STREET zw <a: ii. WV) 1 0 , . tG • oo 1 ---. so -0'. • 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 L REICH STREAM MARGIN AMENDMENT #2 •• LOTS 8, 9, 10, 11 and NORTH 12 OF LOT 7 .---1 OKLAHOMA FIATS ADDITION . ��-— ✓ ' /«1/NE �; ORK '3‘\\1°'k � RNG �4.�OP SSE SE�\oN ,�- «/, : 141..59: ■ . ,/• / , . .........•_____....-- 7 , .L................ .............. A, ,,,,,,,,. .. . ,. 14E.000,-- , Ai. U ...---- • /44. • , •'lam _1l r/ .�f: r id/" J4 , �: Z *'i*:i3,yj •r , ' ii . . . . . . ■ i %a;' 1.t• ', .44..::....:..i..11.........)--- \\0\11‘.1/,‘ 1 Gs. .Aiir 1*:441ifk : :::.:':. ':.•• r\II.% ii\ 'MI 1 . Xi 0 \\\% GO' tiobialia . 4 :'- .. - •. ... .■ X \ ,,.......N „ I.4* id : 1 ' .� \ ��� DECK N\ \„ `, �{� - "�, \ � ,�� �� '- iii ,'- ----- ==--- -A `�=�' `��" i ' �;;�•• ' t , I.A . • . -='-''"4 0., ,,ftio. ,. ......•.• • . ... ... . .• .. .,„, A.. ,,/ •,,, . . . • w .,__,..,..„. .. . .• i i, ■ ` •% ;.;. •�i • ` �o ' ii i .=• � % — I .,, �; �: U , , :!t+ A.D.U.• .. • — • j �r ►���/ 4 � ♦�:�0_1. - SETBACK L/N£ _ _ el aa i#44. 7 .'... :''.. ..•.... '....: ''. .. ..1'..... C. '' ,7'5146:,:,A-r,',4.1,..'le Al(:;-:tr-3.: . . ''.'.: : . .: ......': ..A.. .,' ''1'..:A-6'1-. '1-f-'..:'''''' i• .Jft 1 \ `'•�'_ �'. ��� 1.: REVISED STREET DEDICATION W ry 'r� 01 .44 SPRING STREET '00 e. I �� t 'i- . A tS -DO r JrAl r { 'INCOXI ‘. 0 - _ �sl� II .fI i. Il i . jam. _ - _._ S I . - -- - - Ipp• - F .41 04 _ a —SAi j y k • t r i:_i- _ . 4 -rr._‘ ‘ iiii+4,i-,., ,,■ V 1.,, '.. ' 4407 , , ,,,,,,..e.w i t �r ♦ 1 Law or ....._ J / — — 1 ' I i 4 i rT.,,,4.. —,-----: IIIIII i . HOUSE IMAGES 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 # E.Y• • ',i1,,,,,„ a, a .air; 4 'a ' r•, fit 6 q �" r,., .. :s'a.. !j�a+� 'sti '~ + - . r h - +., . . ' 4 -'"k1 .,":-,..l';,,:i..:." .:,,z.' *,;,. • ',',r, ;,; :,„ • *irk '' 'r.,X d YYY X 7'2.- . ;� ,,. ,AM. 1 .,-4,.+,T.---:..,.,...2-4-....-4,,, q R ry r y 4 r% 3- li41111111 .' Ntifra 6...*'-:',.,, :=',2e;-.:7 %. ;a '5.'s .. ((i- 1 F i t .' !... wsl""` ",. it q,` „x• lilt ' . • ilf .:tiolp..i. I 4 ::it illit''-,;-:1,, ,,,,,'"?-tr.,i i � ry • • �� r fy y, ,�i, ••,:.'•`:.Kfii 4 �A 3 •rllE ]r' .� pQ '•'r '"` '.,t1"' ai fir . 40 _ 1 a''a .s y •'i. z iN .,)1.I .0.6.e;""' tip" .' _ 4 • ,Ipw� ;:- ;p r ...: ivre 4J=afr, 'ft Y ■it F 9k yy:• V t' * —r AFC}. -- 4." - _•