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HomeMy WebLinkAboutlanduse case.boa.Spring St.012-84 \~'~~;r~;:k~~~~f~~~!~'l~1:;;~{ig"::1~,~;:J,,:&~~.~'~r;..'~:{i;~~~~~'~r~:Ji~J~S~l~~~~~'~-~~~;JT~~i;~~~~\t~ V:' ~. ,. NCYrICE OF PUBLIC HEARING Case No. 84-12 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the Council Room, City Hall, Aspen, Colo- rado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state. yo~views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. The particulars of the hearing and of the requested variance are as follows: Date and Time of Meeting: Date: Time: Thursday~ ;July 19, 1984 4:00 p.m. Name: Address: Name and address of Applicant for Variance: Appellant: Brian Weiner and John Wedum P.O. Box 7609 San Antonio, Texas 78207 Location or description of property: Owner: John Wedum 1607 Waterloo Austin, Texas 78704 . Location: Description: New Wedum Tract - Spring Street (adjacent to Hillhouse Condominium - Lot 1) Aspen, Colorado Variance Requested: Property is ~ocated in the R-30 zoning category. Setbacks are: front, 25 feet; side, 10 feet; rear, 15 feet. Applicant appears to be requesting a 22 foot front yard variance, a 5 foot side yard variance, and a 5 foot rear yard variance. Applicant also appears to be requesting a clari- fication as to a previous approval relating to the location of the building DU~St~8n'of Variance: (Please cross out one) tempon~y Permanent THE CITY OF ASPEN BOARD OF ADJUSTMENT BY Remo Lavaqnino. Chairman Barbara Norris., Deputy City Clerk "l...'...., ~ , 1,..... "'-h., 'J'_' : I ,1.; j : DATE May 23, 1984 ~ f' ,,' "....... .' . ;??y!/ 7J?-pl ft,/5btl' lID. JiL/ z.... CITY OF ASPEII Cf\SE . I \, lIPPHLMlT BRIAN wEINER and 'JOHN i:"WEDUM MOnES:> Box' 7609 -- ......,..;'.. ,.: San Antonio, , . .:c' , .' __PlIOIIE 512/116-682'0 TX 78207 - - OIlNER , .l.Q.Illi R. WEDUll ADDRESS 1607 - A Haterloo AU5tin7 TX ' 78704 .,lC1cIITIOrl OF FRCiPERTY New Hedum Tract - Spring Street . (Adjacent to tlll..1houSe L.onQom~nlUIn LUL 1) . " .-: .(Street. & ~jumber of Subdi vi s i on B I k.., & LottiC.) . , '. Building Permit' Application and pr~nts or any other pertinent ,~ data must accompany this, application, arid will be made part of ChSE /lO. . .. " : THE BQA?D ~IILL RETURN THIS ,APPLICATIOt/' IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION. , DEst:RIPTIOil :CF PROPOSED EXCEPTIOll SHO\-lING' JUSTIFICATIOns: ' '. . '. .... . ~ . . . i-le:ai:-'e."s'~eki;'g ~larifi'cai:io,,' of 'the buildi~g ~nv~i"Ee :that "as,approved' by,: th~' Boat~of ' 'Adjus!:1ii.ents when. they approved ,a variaft.cE!' i'dr building in the flood'1'-lain~, The 'building, envelope 'was used as an examjJle of where, a house 'should be placed., the 'circle' s,'.-location , '~as suggested by, the Entineed~g Department and t!>ey'agree.' it 'was not intended ,to' be t.he " excrusi~e area for const~uction., ~he approval of the building' envelope'required a'se,back reduction, and the Building Department feels a'clarification is'necessary t~ confirm 'your " '. , approv'a;L of, the setback reducti-on of the, building' env<<lope. <1ur '-proposed footprint places the building as far from the river 'as possible while removing only 2 trees from the . -.~, . ... , . . woo<!ed "ite. ,The buil~ing will be 30'.j- from Spring Street and 100 + froll) the nearest house. ,At-tached site plan ShOl'lS:.details: . ,,'i. j (., f\.1J.-l\~\~7~O~<l . ~ j~'" . 0~ ' 'Will you be :represented by coullsel ? Yes_x No . ,,," , jJtzZi/c;lY.J wIZJ/V-'7:-e. lL:z'" ' ~ ----'I. SIGNED: Jl?Y/'/.e ,'U/i:P~ h0, --;t'&t*--L . Appell ant BRAIN \-IEINER/& JOHN R. \-lEDUM , PROVISIONS OF THE ZONING OHUINA!.CE REQUIRING THE BUILDI1iG INSPECTOR TO 'ORWARD TKIS APPLICATION TO THE BOARD OF ADJUSTM2NT AND REASON fOR NOT GRA;ri~NG:~~ v.. -~'~CQ0~~ 'R~?-'P 2.A~ '"' 0~~_~' ~~~~~. F~~<.:s-'{'\-) ~v~,.\.O#--)..QiOJ\' IS'~~ :' ., ,~~, ~~~~ )..~~~~~'Q'>-{?+- "vul.e':\-'AAJ ~ ~~ (N .? ~+- ~ AAdL :~, ,-~ ... q d;~, .- f, , ~^~,p,^... _ \' ,\,; - IJ.;"':, o~ "'\.",' ',i:~J.i ,: (-c..' ru(jUJ ---:-\('f."""V '\-b lUlL --;-~__:-'""') ,G,.. ' " : '",--- ~~--=-'~' '~"r~~',~'.~~'~'~ ,~'~ _ 'd\~~ ~.. .' , I . ..t .- ..... .. '- '-, .1 ~J) : 'Status . _ . I'ERBIT REJECTED, OflTE .~\~~ f\prlIC^110N FlLEO ~\a~\ 'z5"{ . . . ~ S 1 9 n-c d ' . " - . . DECISION DATE IF HEMING .. . ...:..-0 ATE_ HAllEn ~. Jl . SECRETMY . . / / / / $;.. IQ / ,lJ' / l"t l~cJ ff~ I !I. f / <;\ 1/1 J../k I :R i? 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'. ..__....._.,-~'_..- State of Colorado ) ) 55. ) AFFIDAVIT OF NOTICE BY POSTING OF A VARIANCE HEARING BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT (Pursuant to Section 2-22(c) of the Mu~icipal Code) County cf pitkin Th,~ :H:r)ers iqned, being first duly sworn, deposes and says as follows: , . I, 5""'A~ (print SttAF~~A,.J name) I !,eifl9 or representing an Applicant before the City of Aspen Board of l',djustment, personally certify that the attached photograph fairly and accurately represents the sign ,posted as Notice of the variance hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that' the said sign was posted and visible continuously from the 3 day of .J vt... I '9~I to the - \ l't day of jvl"" , 1Cl"M. 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U ft..1'-{ .:..~ I. t .. t~ l...... ~~~ (2.rq.~ ~ ~ \fo.....",. ~ r t IS t..... "ft...1( ..... +l4.. <:0 (1.1 .":' -{ .s ~ t r,-<[ ...... i'1Lr ~\S~ rl''i. to.Sc:.. c.. ~ < 4 ...,"" -flu. S l"~ C-p vCr \>d: tor ~. .1<.... ~ ~.....t- ~ ..rJ' (- )l c:;:: '--.., .,....._'_______'__._ ,.~_ n_....~~,~. .__.... _...'..___..._,c-.'_ '. '. , .._...,. -----~--".._,......:.-_-~- m~_.~___,~_ '. _4, .' May 29, 1984 City of Aspen 130 South Galena Street Aspen, Colorado 81611 Mr. Lee Pardee P.O. Box 4153 Aspen, Colorado 81612 Dear Mr. Pardee: Please be informed that the variance request from the Board of Adjustment by Brian Weiner and John Wedum, case #84-12, scheduled for June 7, 1984, has been withdrawn. There will,not be a public hearing. Thank you. Good day, Barbara Norris Deputy City Clerk Encl: Copy of the notice of public hearing sent to you I t1 ~ ~lr fl\ \V 1\1\ . .'-._".._ -."0.___. . ,~'~-".:..,;:..~-<-..._.,....._~.".....".".-,..,~~, ,,--.,'....._.-'. :.. - .J.,~. "".... ."'_"'~.'.'>_'.' ""..u,^,_~..."_,,,',,~_.. ,. .' .'"_.....,,~.~'._. ...~-~ ..~ ....~..._'_4__._..._,._,_'. &.;1 May 29, 1984 Ci ty of -Aspen 130 South Galena Street Aspen, Colorado 816ll Mr. and Mrs. Robert P. Gillman 9751 Brier Lane Santa Ana, California 92711 Dear Mr. and Mrs. Gillman: Please be informed that the variance request from the Board of Adjustment by Brian Weiner and John Wedum, case i84-12, scheduled for June 7, 1984, has been withdrawn. There will not be a public pearing. Thank you. Good day, Barbara Norris Deputy City Clerk Encl: Copy of the notice of public hearing sent to you . ~- -, .,~~.~ ~ ;:# 9'-/.2- New WJe.t;>uM "'T'1I:Ac:i At>oJACI!IoiT "'~PE!Kt"( OWNI!~ ~ PA""t--e. J JAM."*" L.e~ jII"" ~O, eox.. 4t!5~ A~. co /!)f<O; 12- UNlr eo, klU- HOU~ CDJ'R'MI""IUM~ ~ , 1J.MA/Il , 1'i!:o&1!llI:T" ~ e;. I/..I.MAtoL . 15L-1!!AI-lO\'lt ..L... ~7e.1 e.el":' l-Af-)E. 5A1\JTA ~ , ~ ~'7' t U\o..\IT' A. ~,u.. -HOU~ ~C>OMINJUNe> 1 '- , , . . , " , I , r'\ . I ; . I: t i I! I ; ; i [ , 1 ! ~ I Ii II \ I , : ", i .J 1 Pay to 1 thEiorderof G7]L( ~, ~j~ '--.- STANLEY OR SUSAN FURR BOX 421 927-3307 SNOWMASS, COLORADO 81654 583 -=# ii/-It l.9,vdAJ 541 oh_ L 19-if' 82-164/1021 r? ~ .4- s/,J?Z./U ~ Isl jo,oo <>2 -- ,,~ Dollars '. //Lm -r-- ....... First National ___ Bank Aspen, Colorado 81611 For pa)? /Q.P/Uu-a7Tcn... _jL_,~ 1:10 2 l.D H,1,51: H2 081, "lll' 051,1 Aoc:kyMountain Sank NoI88 ~O:''','~''--' Rainbow White ..,...~ , "".-:> ~1 , . --. -.":-~~:' -- . , .. I , I I I ,I I '~ ';", '. r; , --., l" "'" ,j RECORD OF PROCEED'I"GS 1nl1 L;'~\/cs fOl<"! '" ~_ F, "'" rKll, ". 0, "I ~" __,__'_____w ._._~----~-,- Regular Meeting Planning an~ Zon_ing Com;nission January 18, ).9~__, Chairman Perry Harvey called the meeting to order at 5:05 p.m. with members Tygre, Anderson, Pardae, Hunt, Bloomquist, Fallin, and White present. COMMISSIONER' COMMENTS Harvey wished to call the attention of the members to a letter that was sent by Francis Whitaker in reference to a motor home parked on lot l333 Snowbunny Lane. The motor home is backed up to the residence and i~ being occupied on private proferty. Harvey said that Bill Drueding wrote a memo to Gary Esary, Assistant City Attorney, regarding regulations restristing "Mobile Homes". But, nothing in the code that controls the storage of "Motor Homes". It is one thing to store them and another thing to live in them. Esary stated that there are two things being considere<l at the moment for regulations, satellite dishes and "Hotor Homes". Anderson presented and explained a map to the Commissioner's. In reference to the Smugglar area, road, green belt dDd open space. Blo~quist added that the county has gone as far as they could in regards to getting the open space into the Phase 4 project. The trailor park is in the city. It would seem best that the P&Z ask the staff to work on the trailor segment of this, so that the Green system connected from the river into tte Phase 4. Harvey asked the Commission if they would like to state it they support of pursuing the Green Belt along with the road align- ment. He asked who could get a presentation to the County Cornlissioner's. Someone from the committee should coordi- nate with Alan Richman before that in order to set it up. The meeting is the 22 February 1983, at l:OO p.m. Rich~and frum the Planning Office said that the City has prepared a p&Z plan for the golf course. They are now going forward with final plat, they have Engineering Departments submission. The P&Z condition on the golf course has been complied with and will have a chance to review the landscaping plan. He said they do see it coming forward to Council on final plat. PARDEE/WE DUM SUBDIVISION (PARDEE STEPS DOWN) Alice Davis from the Planning Office presents the following before the P&Z commission. The Request for Lot Line Adjustment and Stream Margin Review. The ~pplicants are requesting approval for a lot line adjust- ment between properties owned by Lee Pardee and Randy Wedum and are also requesting approval to a Stream Margin Review. The results of the lot line adjustment will be to incorp- orate an existing 7,332 square foot lot owned by Wedum into the southeastern portion of Pardee's property while carving Wedum a new 7,449 square foot parcel out of the western portion of Pardee's property. Both the existing lot 0wned by Wedum and the proposed lot to be owned by Wedum are in the lOO year floodplain and are therefore subject to S8ction 24-6.3 of the Code, Steam Margin Review. -l- , rJ'hL' the are ,-'"""\ 1"" cIv.~rld listcc1 fo,r a Lot Lin(~\d:;ustlllcnt u.r(~ ~Jiv.__'n me'tlo. They meet all of the criteria. 'Hos't of them straight forward. 1.11 l. Boundary changes must be consenting landowners; 2. The adjustment cannot directly or indirectly aftect ~he ULoVt'lu[JIn0Ilt ri(lhL", or permiLted density on the affected properties. 3. Parcles affected must continue to conform to, the under lying area and bulk requirements of the 70ne district. Existing nonconforming lots shall not in- crease their nonconfol mi ty as a result of tl1e lot line adjustment. 4. The applicants must comply with all applicable zoning and subdivision regulations. ThE' second review that is b",ing requested is a Stream Line Margin Review, which is rewuired for all development within loa feet of high watE,r level of the Roaring Fork River. Both of the parcels are some what in the lOO year floOdplain. Due to fill that was accomplished in 1976, it was adjusted, so a large part of the parcel is no longer in the floodplain. The review criteria in the code for the lOO year flcodplain is as follows: 1, No building shall be located so as to be within a flood hazard area. The Engineering Department and the Planning Office agrees that even though the building is not within the 100 year floodplain in that they are putting it on pylons and taking it out of the flOOdplain. The pylons themselves are still in there. If you want to cc.nsider the pylons apart of the building, then they are in the floodplain. But the Planning Office thinks that there are definite advantages to the land switch, that it is an appropriate interpretation to say that the building is located wit~in the flOOdplain. 2. Vegetation shall not removed nor any slope grade changes made that will produce erosion of the stream bank. 3. No acti vi i:y shall be allowed which I-Jill increase stream sedimentation and suspension loads. The Engineering Department is dissatisfied that these also are going to be met and the situation improved because what the applicant has agreed to do. The Engineering Department has their comments listed in the memo and are as follows: l. Submission and approval of detailed grading plan in- dicating the river's edge and proposed contours com- plimentary to the existing grades to the southeast and along the river. 2. Tne applicants should plant the regraded area adjacent to the river with species in keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 3. The applicant should specify for review and approval any trees within or adjacent to the new building envelope which are to be removed. 4. Locations of building pylons should be indicated as well as the mimimum elevation of the superstructure. 5. The site plan for the proposed parcel should indicate how on-site parking and access will be handled. 6. The applicant should submit a plat to indicate the traded parcels and to serve as an amendment to the Hill House Condominium Plat. The Attorney's Office has a comment on the major issue which will be, is that no building shall be located within the flood housing area. The Planning Office and Engineering Office felt that because of the different advantages that is being accomplished, the Planning Office feels that one of the exchonges will cause less visual impact. Across the river is the Roaring Fork Greenway. 'l'he site that Randy Wedul", current- -2- /) ,...., v ~, ",,"". RECORn OF PROCEFDINGS 1 ao Leaves _~:~;:..,5:- r, H"r\~l_ I', "'~~~:~-====--==___","___~____-=--.::::==.:...-='_=====_",_,=:==-:::==,:==;-;:;_:.:.~_____~~~~,_~=-:-=.-::=,_______ Plannins d~~~_?J~_~_I2L~om:;nission __~',~,nu~..rY lS--,-_l}_8}, 'R.(-"9ular Meeting ly' has .i. s very visual, there is no trees it is a very vacant parcel that would be highl y visual from the Greemlay. '['he other parcel could be developed in a way that you could be dE'veloped in a way tha't you couldn I t see it from thc" Greemvay and that would be a definitely positive aspect of the land ' swap in the Stream Margin Review. Also, the lot is a non- conforming lot in a R-l5 ZOne district. So by increasing ~n hi:s lot area, he is decreasing his nonconformity. Hunt said that he remembered considerable amount of public input on th,is subject brought up before. He asked that Ms. Davis either find the file or the p&Z should get the public input again because it was very crucial on this piece of property. , : J'ay Hammond from the Engineering Department said that the discussion he has had and looking at the site. Basically, any structure that is locat~d in the floodplain, reduces the area of the floodplain by a footprint of that structure. By piacing this structure on pylons the actual construction of be floodplain is minimized. By removing fill from the upstream area, it then increases the floodplain upstream from that loc- ation, which then reduces the restriction on the stream. The net affect is that the floodplain is increased. There as, by building outside of the floodplain on the existing parcel, the floodplain remained constricted. The net effect and reason the Engineering Department supports this is they see that a net effect on the floodplain in that area being an increase and that the water in the event of a flood in that area, would have more area to pool. Gary Esary, Assistant City Attorney said tht since the new parcel to be created is entirely within the floodplain. By the language of the Stream Margin Review, the p&Z commission does not appear to have any authority to grant a building pe:r:'J1\it in the floodplain. One of two things has to happen. Either the Stream Margin Review has to be conditioned on getting a variance befor~ the Board of Adjustments to build within the Stream Margin; Or, the P&Z has to construe as a matter of fact that the pylon structure of the building is not a building within the floodplain. That they are just py- lons within the floodplain. Esary also added that if the P&Z approves the Stream Margin Review that a additional condition that would read "Before a building permit is issued persuing to the Stream Margin Review, the applicant obtain a variance from the Board of Adjustments to build within the floodplain". Blomquis'~ said that he has no problem with the land swap. Hi" main concern is the Stream Margin Review. The ordinance says not to put a building there. That means you don't lay pylons down. The intent of the ordinance was that you don't build within the floodplain. He hopes that the ordinance says that you don't fill in the floodplain either. Blomquist said he did not know if that was true. Alice Davis replied that it is indirectly stated by no slope grade changes that will produce erosion, things like that. Blomquist said that the only thing he could see that would be done is to approve the lot split. But, not do a Stream Margin Reviel'l, because not enough facts are placed before the Board. Blomquist said that he just does not have enough information. David Whit,e said that he does not know anything about flood- -3- ,- '-' ....'" - ) plains. He said that he has lOoked at the places and has read it and it looks to be a good Lll~ng. Ms.Tygre said that she agreed with certain things that Blom- quist presented. In that if the ordinance is clear that a building cannot be built in a floodplain. She thinks decid- ing that the building in fact, is not in a floodplain because of the pylons, is not an adequate justification. If the P&Z really thinks there is, based on what Engineering tells the Board, no problem because of the mitigation of the impacts, Hunt said once again, that without the previous docum~nt- ~tion, he does not feel the P&Z should pass it period. Harvey asked Mr. Pardee for some assistance in reference to this problem. Pardee said the problems that they had were with the entire neighborhood because Randy Wcaum was once approved for twelve (12) units there. The units where then down zoned to six (6) units and finally ended up with three (3) units. Each of those hearings the neighborhood was present. Pardee stated he felt the neighborhood would probably be more pleased with a house they could not see, then one you could spit into the Roaring Fork River ,.ith no trees around it. Harvey asked Mr.Pardee if the P&Z acts on this and in facts approves the lot split, does a Stream Margin Review condition upon the conditions in the memo, plus, Pardee I s appl~'ing for and receiving a variance. Harvey asked Pardee if he would like to table this and then go for a variance first? Pardee then replied, no. He said that he would ge glad to stipulate that they would not go to Council with the P&Z recommendation for approval of a lot split until he proceeds a variance. Pardee asked the Board if thcy might consider this with the stipulation of title insurance shO\'ling the original size of the Hill House property. That it does not included Randy Wecdum's lot. Pardee said he has this on file with the County, Hunt said that he would like to table this based upon the lack of information. lie would like to see a site visit inspection. Blomquist said that he just wanted to see if the flow looks good. He said that the P&Z should have been presented with the maps and its an important thing. Harvey said that he agreed with Blomquist, but he also felt that this is why the Engineering Department reviews those things ,and gives the P&Z their recommendations. So that the P&Z does not have to sit and discuss every aspect of past approvals. That is why there is the staff. Anderson said that by removing some of the fill, your are improving the situation from the flood from a stand point. Effectively you are altering it in a very benificial way. Anderson said that he would be inclinded to be very favor- able to the lot and its exhange. Given the information that the P&Z presented with that he is fairly comfortable with the exchange of new floodplain area upstream. lie added that the Board of Zoning Adjustment would be appropriate for the final review, give the committee input and to give the staff more time to make sure that ~here are not more problems created, than solved. Thc Planning Office rccommcnds that the P&Z rccommcnd the ap~roval of thc requcsted lot line adjustment and stream margin revicw subject to the following conditions as listed: -4- - ......." .............. ""-' HCeOliJ or PROCE;::LdNGS 100 Lcavc( _Regular Heeting -::~~l.'.':~~'~_I~._~i~~I.I_~,..!::...~~.:......._~ _===-....:...:::.=~=--:::;:;:-==.;:;=:-:-=_.;::;.-:.::;::-:;.-:=;:..:::....-~=. C.-- Planni!,_g__2~I2.(2._~0--'1irl.q commiss ion January 18, 19BJ 1983 RESIDENTIAL GMP APPLICATIONS (DAVID HHITE HILL NOT BE SCORING) - ---~-~._'-------~~~-'..- ---------,_._- -".~- .---------- - - .-...---.."---"------- 1. lmy deed restriction on ;:he FAR be subject t.O approval by the City Attorney's OEfice. 2. A regrading/revegetation plan must be submitted for review and approval by tile Engineering Department. plan must include all of the information listed in six items requested by Engineering vlhich are given p~ge 1 of this memorandum. This the on 3. The applicant should indicate the locations of building pylons as well as the minimum elevation of the superstruc- ture. 4. The site plan Must show how on-site parking and access to the parcel and structure will be handled. 5. The applicant must submit a plat to indicate the traded parcels and to serve as an amendment to the Hill House Condominium Plat. 6. If any of the conditions, of are of the Stream Hargin Review, are altered, th'it the applicant come back be- fore the P&Z for reconsideration of the Stream Margin Review. Welton Anderson moved the motion with the above conditions listed. Seconded by Pat Fallin. Tygre - Aye Anderson - Aye Hunt - Nay Blomquist - Nay Fallin - Aye White - Aye Harvey - Aye Motion Carried. Colette Penne from the Planning Office presents the following, The following are GMP residential ap~lications; III H. Hyman- Snare/Baker Duplex, Snow Ridge - Riverside Addition, Whale of a Wash - 415 E. Main Street. The quota available as of 01(01(83 is 104 units. The total request for allocation is as follows: 1. 2., 3. 1 free market unit, 1 employee 5 free market units, 5 employees _ 1 free market unit, 2 Silver King - Employee Units 111 IV. Hyman Snow Ridge - W:hale of a Hash Total 7 free market units, 6 employee All of the projects, should they receive a development allot- ment, will require additional review procedures. Specifical]_~ the additional reviews required for each project are as follows: 1 Ll H. Hyman: Subdivision Exception Parking Exemption GMF Exemption for Employee Unit Rezoning to RBO -5- co RECORD OF PROCEEDINGS 100 Leaves ~ ~~:' r,,_f". "n'~,~_~~~~~":_~.. C":.-~_~=_==_~--:.::.=,,,-~~...;:-...:::-_...::,::_::....:::...-,-==,,,-=-..,,..--=:;-.::..:==--=,---::-__:__~==--:::, _______----:;:" ---'------.....----....--, ------- ., '-"-.-.-------,--.... Regular Meeting RO/IRD OF ZONI Ne ,\DJllCiTI.IJ:NTS ~1;jrch ',[, 19i;:) Chairman Remo Lavagnino called the meeting to order at 4:05 p.m. with members Charles Paterson, Josephine Mann, John Harz GIld Richard Head present. ~lINUTES Paterson moved to approve the minutes of March 24, 1983 at the next regular schedul~d meeting. Seconded by Herz. All in favor; motion carried. CASE 1183-3 J.R. WEDUM! HILL HOUSE CONDO Gideon Kaufman, Attorney for Lee Pardee asked the follow- ing items be entered into the record. At the last Board of Adjustments meeting Kaufman and Pardee requested that the sign be moved to a more visable locat- ion, which they have done. Secondly, questions were raised concerning the adjacent property owners. Kaufman stated that as he was requested, he did get a letter from Tracy Title asserting that the ownership was in fact the parties that were mentioned before. Kaufman added that people come before the Board with a need for a variance so that they may build. This is not the CbS~ this particular time. Pardee has the ability to build, but realizes that it is better not to build where he can. So he has come before the Board to seek to be able to put the building site in a beeter loc- ation. It is a better location for the neighbor's and the community. The City's Planning and Zoning Commission, Engin cering and Planning Staff has reviewed this particular app~ lication and supports it. Pardee is not getting any benifit by this. He is not getting any equal FAR. Pardee is agree- ing to keep the same FAR as to the original site. Kaufman wanted to also point out that Pardee is giving up a chance to prevent a hardship for the community and is giving them a benifi t. Kaufman asked that the following letters be entered into the record. Mark Lowenstern stated that it was his opinion that no new homes should be clearly visible by the open space allotment of the Rio Grand Trail. Robert P. Gillman said that he supports the proposed lot spli t. Kaufman said that the variance that is being sought, is the ability to build in the floodplain. Head asked where the fill will be taken once it is removed. Pardee said they will pull it from the river banks. Pull the river banks back, but not down the river level. In- crease the floodplain so that when the 100 year flood occures, to increase the channel so that the water spreads out so it benifits both all downstream properties, The floodplain will drastically change once the Mill Street Bridge is put in. Alot of things that are now in the flood- plain, won't be once the Mill Street Bridge goes in. Pardee said that one of the stipulations that he has agreed to is that he would pull back to Engineering's specifications and they would have a hydraulic engineer working with them, The house will be on pylons, it will be above the floodplain, The only impact that would te made is the pylons, which is not very substanial. Pardee said that he would do whatever they asked him to do to pull it back and they will do that before they start building. -1- r, "-" Lavagnino asked P;lrcko "hen excavation started. Par,loe stated July 7, 1~J77. La v.'! g:l ino then asked I'ard,'e if at that time the final ;l1'prc1\fal lvas dOhn to t"o. Pardee said yes. Pardee also told Lav;lgnino th,h he bought the prop- erty in 1977. Wedum did not buy it at that time. Wl"ltllll and Pardee wcrc 1'a rtners. :vcdum had ti tIe insurance, '1])1'- rovals and etc. P;lrclee said that he and Wednm owned it together as Wedum/Pardee. When they finished building it they condominiumized it into the lIill House Condominiums. Wedum sold his unit in 1978. c Lavagnino asked Pardee holY high the pylons would be. If the height restrictions on the structure itself would be determined from the top of the pylon or to the natural gradc of the earth, He also added that this "as very important because if Pardee has a 10-12 foot pylon and he starts get- ting the 28 foot height it is unacceptable. Parde~ said he could assure Lavagnino that he would not go any higher than 2 stories. Lavagrtino then asked Bill Drueding if the height restrictions would be based on the natural grade of the land or at the top of the pylons? Drueding said the existing grade, that Pardee is very definitely a existing grade. lie can only build 28 feet. Pardee said he then has no choice. Lavagnino said it is less impact and a lower profile. Kauf- man said at this point the natural grade is very clear. The Board discussed lot and blocks in Oklahoma Flats sub- division. Lavagnino closed the public hearing, Richard Head said that he was basically in favor based on the recommendation that the Planning Office and Engineers have made. In lieu of some of the restrictions, which they abide by the criterion that they are presenting. He said that he is in favor of approving this with the subject resolving the legal description that Lavagnino has raised. Head said that he would be in favor of approving this now, suhject to something else that might come up. Also that the Beard is taking this at face value. Ms. Mann said that she was reluctant. She feels that she can go along with a variance which would put into effect all of the restrictions and request. The 6 items ttat the Engineering Department request and the Planning Office list 5 items ahat the applicant must do. She feels that this puts alot of responsibility on the Building Inspector because he has an awful lot ot things to check before he can grant a building permit. She said that she feels confident that he would do all of that. She stated that reluctantly she would approve a varlance. John llerz said that he agreed with Richard Head. He said he did not think that the lot entered into this. The Board was agreeing to a legal size lot. Herz and Lavagnino said that it was a nonconforming lot and they are allowed to build on it. The variance has nothing to do with the flood- plain. Lavagnino asked Herz about the legal question that en;ters into the picture. llerz replied that he did not think that this entered into the picture at all, He said that the Board is looking at something that they already think is legal. Herz if it was illegal how did they ever get a building permit. Lavagnino said that he did not know if it was legal or illegal. He also added that it does not mean that things do not happen. Paterson said that he would go along with agreeing to this variance, fIe said the "hole legality as far as the lots are concerned, that will have to be handled. He does not feel that it enters into what the Board has been asked, P~terson added that they s:.Juld not be granted a caste before the Board that can not be done. He said that the Board can concern themselves and it is fine with him. fIe said he -2- ( ) c :> RECORD OF PHOCEEP'NGS 100 Lc~vcs =~~;1 (, r,~:~('.~'1 I~~~,_~_ I, C", ~--=..:;:::::,:::::-=._==c-===---:--=-=-===-..=::.;:;.-:=.--,:;.::~ ~_~.,-,:=~~--::-,::,,_: .,:::'::__ _,~__._._..n.'_____~____'____'_' -------~~---~-- - -' ~- ---~ _U.'.,''', n__ Regular ~Ieeting BO^Rn OF ZONJ1,C !If).J1,SDIENTS ~1arch 3~, 1 ~) R:; would grant a variance on what has been asked here, before the Board, Lavagnino told Gary Esary that 6 months seems like an aw- fully long tir,c, It appc'ars that the Board is ready to gr:11' a variance based on some acknowledgment on Esary's P:Ht that the lot split of what app~ars to be lot #7 that everything is legal. The Board is granting a variance on that bases, he thinks, Esary said that Pardee put powerful proofs up. All that the Board has is a old map that does not seem to conform. On the other hand because it is a copy of the City Zoning map, Esary said that he is very uncomfortable. Gideon Kaufman said what troubles his is that he and Pardee have put forward documented proof from title companies, Based on speculation as to what might of happened, they are being put at a disadvantage, Kaufman said what they are being asked to do is to be put on the back burner involved in re~,earch based all speculation, lIe thinks that this is a dangerous presidence that is being set before the Board. Kaufman said that they went to two title companies and received their legal opin~ons and the plat. Based on the fact that something might exist wrong there, it seems that the burden is placed on the wrong person. Kaufman said that Pardee should have the variance. If someone can prove that it was wrong, they should come in a different form. To t~e up Pardee because somcone is asserting something to check that out. He docs not think that is right. Kaufman added that if someone has an objection or content, they can stop Pardee tomorrow, come back into the process, or go to court. He thinks that it is unfair on the applicant to put this kind of requirement based on the facts that exist. Esary said it is true that the applicant is being put in an unfavorable position. He has bought and developed thru a number of review process a fairly goo fey piece of property lIe has the simple misfortune to be involved in a portion of the City zoning map that mey be in error. Esary could not say as a matter of law that the applicants proofs are sufficient but he can't say that they are not. Esary said that he is not recommending that this be sent down. He added that the applicants proofs are powerful. Lavagnino asked Esary if they could grant the applicant a variance without stipultation to the legal aspect. Could the Board recommend to the City Attorney that he inquire as to the legality to this and if there is something wrong h0 could make a stop on whatever they are doing at that peint. Lavagnino asked Esary if that was a reasonable request. Esary replied that if the map was correct and the] title polices are wrong, someone has created an illegal subdivision. The City would have an obligation to move on it. Esary said he has been given that information on the record and the City is charged with it. Lavagnino asked Esary if the Board could do it that way with the recommen- dation that the City Attorney pursues looking into this question. Esary said yes and that he is on the record. - 3- Relll(J J.Clglli"", saill th:lt he : nei,',! arc:] and lie is al"' ror it solution from the sUII\ll l'ojn1 il,(_,:-;Oltt-ji\.~; tile h{)t1~c in (l lIe think" it is a hetter of just trying to hi,1e it. IUcllard Head moved to approve the variancc su11l1lission S Ib- jcet to the T'ngillcCrin); and Buillling Dcpartmcnt require- mcnls. Plus the (1 steps :15 Listed pcr memo from the Aspcn Pla-ming and Zoning COllllni:cslcn, January 18, 198:, and sub- jcct to thc Building Codes (:',ty and TO\mship of Aspeil. 1. Submission and approval of a det~iled grading plan indicationg the river's edgc and proposed contours complimcntary to the existing gradcs to the southeast and alond the river. 2. The applicants should plant the regraded area adjacent to the river with species in keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 3. The applicant should suecify for reVlew and approval any trees within or adjacent to the new building envelope which are to be remove. 4. Locations of building pylons should be indic- ated as well as the minimum elevation of the superstructure. 5. The site plan for the proposed parcel should indicate how on-site parking and access will he handled. 6. The applicant should submit a plat to indicate the traded parcels and to serve as an amendme~t to the Hill House Condominium Plat. Also that this is a variance of Section 24-6.3(c)(1) of the Aspen Municipal Code th;;t states that "no building shall be located so as to be within a flood hazard area designated by the U.S. Corp~ of Engineers Flood Plain Report for the Roaring Pork River." The variance would have 2 conditions: 'I 1. All of the approvals en the Aspen Planning and Zoning Commission Stream Margin Review of January 18, 1983. 2. Any construction of the pylons must be certified by the Engineering and Building Departments to guarantee minimum stream flow disruption consis- tent with sound engineering and construction prac- tices. Any construction that does take place within the floodplain be subject to approval of the City Engineering's and the City Building Depart- ment and be the minimum possible disruption consis- tent with sound engineering and construction prac- tices. Paterson - Seconded. Roll call vote requested by Chairman Lavagnino. Herz - Aye Paterson - Aye Mann - Aye Heae! - Aye Lavagnino - Aye All in favor; motion carried. -4- ') c :) Rt::COi1D OF PROGEEU!:\!GS i 00 U:aves ..--- ------ Regular Meeting f"nf.1" (, f. 1!"rTv,r,_ fl, n. ~ ! _ 1;;). ,::::=-..:;:-==-...:::::.:..-,-.::-...::::::~.;.==--=_-:::.=-~~~=,c=.,:::::.==~..::-=="_:--,,.::-"::::c-~:-.;;,=-.~.;.-:.-=-=~----=::::---' ~~-::--~~--_._._-'--- BOARD OF ZONING ADJ1;Snlf'NTS 1-larch ,~1, lClR' , i I Paterson moved to approve the minutes of March 24, J983 a~ the next scheduled meeting to be held on April ld, 1983. Seconded by lIerz. All in favor; motion carried. Paterson noved to ajourn at 5:16 p.m. Seconded by llerz. All in favor; motion carried. -iJflLQ 0.., 5rmKS Joy A. Brooks Deputy City Clerk - 5- c .....''"' -' NOTICE OF PUBLIC HEARING Case No.#fl3-3 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTHEl.'T TO ALL PROFERTY OHNEP.s AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Offi(:~al Code of Aspen of Jun':! 25, 1962, as amended, a public hearing willLe held in the Council Ro,lm, City Hall, Aspen, Colo- rado, (or at such other place as the meeting ,nay be then adjourned) to consider an aPr>licatinn filed ,,,ith the said }j'Jard of Adjustment requesc:ing authority for variance fit:om the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, ,then you are urged to state.. yoU'views by letter, particularly if you have objection to such variance, as the Board of AdjuJtment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the re'l'lest for variance. The particulars of the hearing and of the requested variance are as follows: Date and Time of Heeting: Date: THURSDAY, MARCH 24, 1983 Time: 4 : 00 P.H. Name and Eddress of Auplicant for Variance: Name: J.R. WEDUH / HILL HOUSE CONDO Address: BOX 4153 ASPEN, CO., ,fl16l2 Location or descriptjon of property: Location: Parcel 1 - lot 7 Block Okalahoma Flats Description: Parcel 2 - Metes & Bounds Variance Requested: APPLICANT APPEARS TO BE ASKING TO BUILD IN A FLOOD PLAIN AREA Duration of Variance: (Please cross out one) tl~F~X~X~X Permanent THE CITY OF ASPEN BOARD OF ADJUSTMENT BY Rpmn T.ri"\'rrign; D() Chairman By Joy Brook: -', ' t - f rU ilil:; U; ;.1 :/;;(- L)U, ;i.ilf - - '"' '>;.N'''' tHY Of rN'[[J 01\ IE 1I)7( i; '~ ,.-) I APPElLMlT () r! ;,,' ...'- CASE NO. 4H3;~),~) '-- (a-eL" I /11/ ;!r"~,CCtCXODn[SS___,,e7'f'yf.tS i4/J,,--,.c, I ,,1. .. _ .' .', ~': PH 0 N E C;',;; 1~' C(,7-3?-- , OUf/ER t~:;r:A.t//./1,~ MDnESS :5 <.-/V-"C- , lC1CATION OF PROPERTY fl:.vrel 1== /.".( 7 ,jJ,jcl: /ct-!c^~t2.<::' 7!c,1:r ILc~ ,/. ~ l14",/.s ~ ;;fC<A-0:: .": ,(Street. & Number of SUbdivision Blk. & Lot 1\0:1- ~, . Building Permit' Application and prints or any other pertinent data must accompany this application, and will be made part of " CASE NO. THE BOARD WILL RETURN THIS,APPLICATION IF IT DOES NOT CONTAIN ALL THE FACTS IN QUESTION. . DESCRIPTION OF PROPOSED EXCEPTIOfl SHO\'lING JUSTIFICI~TI()US: 92A:.- 0' 6& ~a7 &J:b; I /tv:'-"iJ 0/{u. j/;...~'C:./,'^4 c;' C4 ? L--l' <Z>'t0'/ ,#bM, 'Will you be represented by counsel ? Yes)( No -/7;/ .I /J SIG~ED: LJlW/tI!-~ Appellant PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR 'to FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON FOR NOT GRANTING: \ ~:;'?vI":(-3Cc)C,l) XJ61~~S~~~~ ~ OV?~ ~ CL-,_~d -?-o)CijLL ~ ~ fo'i~VlS. ~~"& ~~:P~~("--. ~ ~OG~ta~~~. '.. . . ~~{Ola.c (!M~~WJ~~ . ~\~~tc~ , tI\" , - , " . .uJ--{)~~ , 'Status " , PEr.~lIT REJECTED,' DATE ~i6 I . Signed , DECISION aj2prnwd" ~DATi3..s) ,?0 61 DATE IF HEARING no tLJ\ Ji:L IQ?J.3 - SECRETARY . \' ~(r (l . e)Vr2\(/) . (] I ' I . APPLICATION FILED MA IL E 0 ~ I' , I t (, l'jl,',,....,S'!.I!' 1'1 ',', ,",[',',1,'\,',',' [J I " 'I' l "'" ,.,'\1"'..........\,,, 'J .. ,I' . ,. I",.......J 1\11'01\1 Onh' liclc(CilCeN,,:_I/) ITE: ~;',(),(Jll THE COI'1PANY Ileret)y eel-tifies tllClt ["Ii: 1 :ei1illl of tie COii1i!C1f1Y'S proPcl'tv account (compiicc! from !"E'enli" (UII,ilIH~cl ill tlw Pitf,il' County clen: omi [(,se':,'! ': ,)f!iee) tllCJt t1~c reciT-pj'cJ"perfYclescril)ccl 1)(:10\'1 it; v,'I,ie:! c)j :ccorcJ us or LlIl:: cJate of thL; rcport in tlk 1101:iC uf: <- HECORD VEST 1 NG: James L"" Pardec III "",j ,k:l1l R, \,',,<lUI1I ,,,hosc ilddrc's" it" BOX" !-dYJ 3nd Box 35]1, Aspen, Co 81(112; ;)j",Hl 'jjw H:i,.ll tloust: Homem;.mer's A:.soc. ADDHESS: 655 Gibson and 606 N, Spring Stnll'l,', A""l'n, co 81611 r I " , I, 1', , , r , I , r l t , I' t t ~ I, I' ! I f: ! :j ! DESCRIPTION OF REI~L PROPERTY: That p,,,'ti,,"'oj I.ol 2, Hill Hou,;c C:onclominiuffiS described as [;-)110\o.'s: Beginning at the l\orlh"....l':;LcI.]\' corner of said Lot 2, thence S 10027'30" h' along the westerly line of s;]i\l L,1/: 2 ;1 dist<J.nce of 22.1() [e ~t; thence S ~)9046'l6"E a distance of 163.30 rel'!. td :1 point; thence N 110/-il'E.:1 dis- tance of 7,~ .00 feet to the northerly li.ne of saLd Lel 2 to a point on said line bearing S 78016'56" E 155.29 feel from the pdll:L df h,:gl.nning; thence N 78c16'56" \~ a distance of 155.29 feet to the point of b!:~:jn!lJng. THE FOLLOWING DESCRIBED REAL PROPERlliS APP'AR TO BE ADJACENT TO THE REAL PROPERTY ABOVE DESCRIBED, ^~n ARE VESTED OF RECORD IN THE Nf\f1E\SJ SET FORTH If~iJiEDIA,T[T( ~ClU\dliHi EACH DESCfiWIIJN: DESCR I PT I ON OF ADJACENT REAL PROf'U\fI: That. portion of real property lying across the river from subject propert'i <llu1 morl.~ commonly knm';l1 as the Rio Grande Ball Park. RECORD VEST I NG: ' County of Pitkin ADDRESS: 506 E, Nain, Aspen, Colorado R I () 11 DESCHIPTION OF ADJACENT REAL PROPERTY: Lot I and Lot 2 of Amended Plat, Hill HO\I~e C:""c!(11111niuHlS ,/'-- / ~- -, RE~ORD VESTING';The Hill HOLlse Homeowner's Association __m_.... ,____,m___ ADDRESS: 655 Gibson and 606 N, Spring SLreets THIS REPORT IS NOT A TITLE POLICY, NOR AN OPINION OF TITLE, NOR A GUAHANTY OF TillE, NOR AN ABSTRf\CT OF TITLL AND IS ISSUED WITH THE UNDERSTAND I NG THAT ALTHDlJGH II[ BELl EVE THE I NFORMATI ON SET FORTH HEREIN TO BE ACCURATE, THE COMPANY ASSUMES NOR WILL IT BE CHARGED WITH ANY FINANCIAL OBLIGAfION OR LIABILITY WHATSOfVER ON ACCOUNT 0F ANY INCOMPLETENESS OR [RROR IN THE INFORMATION CON- TAINED HEREIN, EXCEPT TO THE EXTENT OF THE FEE PAID HEREUNDER. SHOULD LIABILITY FOR THE INFOHMATJON BE DESIRED, THEN PLEASE MAKE APPLICATION FOR THE APPHOPRIATE TITLE INSURANCE POLICY OH GUAR- ANTY. 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'- ,....... - MC:WRANDU11 TO; Aspen Planning and Zoning Commission rR0I1: Alice Davis, Planning Oft.ice RE: Pardee/Viedum Lot Line Adjustment unci Stream ~1argin Review DATL Januar-y 18, 1983 Location: 707 Gibson Avenue (Lots 1 and 2 Hill House Condominiums and the adjacent Viedum Tract). Zoning: R-30 (PUD) Applicant's Request: Referra 1 COfmlents: Planning Review: --~'_:::--'~~':--" ,~/-;~~-"l [)--~:.-~~ f~' ~~ ~~ l,e., ,,'i':;:>'~ ",......., '\-...... ,\ !!':c ' 0 I I' I l,.J, 'I: <. \,' /'" _""_ .~,: 1/ ", ,)", (....... ,.,.;,... i'-':/i. 1,:,\ ".-- -.<,',~"", 0....,(/ \" <",,' --(;;", /" ,~, " \., ".. ,:, "~:..._ /I,<...'! '\~ -~: _ _ - ...~:. - The applicants are requesting approval for a lot line adjustment between properties owned by Lee Pardee and Randy Viedum and are also requesting approval to a stream margin review, The res~lts of the 1 at 1 i ne adj us tment wi 11 be to i ncorpora te an ex is t i ng 7,332 square foot lot owned by Wedum into the southeastem p-JI'tion of Pardee's property while carving Wedum a new 7,449 square foot parcel out of the western portion of Pardee's property, Both th2 existing lot owned by Wedum and the proposed lot to be owned by Wedum are in the "100 year floodplain and are therefore sl!b:;ect to Section 24-6,3 of the Code, Stream Margin Revie\'/, TI:e Attorney's Office had no comment on the application. The Engineering Department commented that there are several advantages to the new building site and the proposed removal of fill which will increase the upstream floodplain. Even though the Code indicates that structures are not allowed in the floodplain, ',he Engineering Department supports the request subject to the following: 1) Submission and approval of a detailed grading plan indicating the river's edge and proposed contours complimentary to the existing grades to the southeast and along the river, 2) The applicants should plant the regraded area adjacent tn th~ river with species in keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 3) The applicant should specify for review and approval any trees within or adjacent to the new building envelope WhlCh are to be removed. 4) Locations of building pylons should be indicated as well as the minimum elevation of the superstructure. 5) The site plan for the proposed parcel should indicate bow' on-site parking and access will be handled. 6), The applicant should submit a plat to indicate the traded parcels and to serve as an amendment to the Hill House Condominium Plat. Offi ce Section 20-19(a)(4) allows a lot line adjustment between adjacent properties to be excepted from subdivision review procedures provided the adjustment meets the following criteria: 1) Boundary changes must be between consenting landowners; 2) The adjustment cannot directly or indir~ctly affect the dc,eloprnent rights or perm. Lted density on the affected properties; 1"", '-' ,..,"" - Memo; Pardce/Hedu,,: Lot Line Adjustmeflt/Streai:1 t'iargin Review January 18, 1983 Page Two 'II}: ~". qf.'~' .. \, . :"," . :-,'- :" ....'- . ,'. .....- ~ .... ',~ .. , -'--3) Parcels affectf'd must continue to conform to the under- lying arei! and bulk r'c''JIFin::n2nts of the zonc district. Existing nonconforming lot" shall not incl'case their non- conformity as a result of the lot 1 ine adjustment. 4) The applicants must comply with all applicable zoning and subdivisiun regulations, The requested lot line adjustment, as proposed, meets all of the~e criteria. Since the development rights on the subject parcels cannot be affected, the applicants have agreed to deed restrict the allowed floor area on the new and larger Hedum parcel to the floor area allowed on the original ~edum parcel which is 117 square feet smaller, The original Wedum parcel is 7,332 square feet, a nonconforming lot in the R-30 zone distl'ict. ThL newly created parcel will not increase this nonconformity but will reduce it by 117 square feet. Section 24-G.3(c) of the Code, Stream Margln Review, lists six review criteria for guiding deveiopment within 100 feet of the . RORring Fork River and its tributaries. The pertinant criteria related to this application are as follows: 1) No L~ilding shall be located 50 as to be within a flood hazard area. , 2) Vegetation shall not be removed nor any slope grade changes made that will produce eros';on of the stream bank. 3) No activity shall be allowed which will increase stream sedimentation and suspension loads. Since part of the existing Wedum parcel and all of the proposed Wedum parcel fall within the 100 year floodplain, the applicant would have to develop eithel' parcel in a manner \'Ihich would mitigate any erosion or sedimentation problems or any other flood hazard area impacts. The Engineering Department feels that the requested land trade could be accomplished if development impacts on the new parcel are mitigated by putting any structure developed on pylons, removing them from the floodplain. Also, the applicant should provide information through a revegetation/regrading plan which shows that there will be no increased sedimentation or erosion resulting from any grading or vegetation removal necessary in developing the parcel. This regrading/revegetation plan should give all the information requested by the Engineering Department. The Planning Office believes that the newly created Hedum parcel will create less visual impacts than the original parcel, an important consideration since both sites are across the river from the designated Roaring Fork Greenway. The original parcel is devoid of vegetation and tree cover and any development would be highly visable and more subject to erosion and sedimentation proolems, The new site is heavily vegetated and well screened from the Greenway. Special care will need to be taken to protect the natural vegetation and revegetate any disrupted areas. Planning Office Recommendation: The Planning Office recommends that P&Z recommend the approval of the requested lot line adjustment and stream margin review subject to the following conditions: F'''>.. ,"'"' ~ ......,j Memo: Pal'dce/Wedum Lot Line AdjustmC!nt/Stream 1'10I"'ln Review Janua ry lfJ, 19B3 Page Three -----' --- . ~ 'i) The FAR on the new 7,449 sqllan' foot I-Jedum trilct Il'US t be deed restricted to the FAR allowed on the original 7,332 square foot tract. Z) A regradirig/revegetation 'plan ~wst be submitted for r2vic\' and approval by the Engineering Department. This pl~n mu~t include all of the informaticn listed in the six items requested by Engineel'ing which are given on page 1 of this memorandum. 3) The applicant should indicate the locations of building pylons as well as the minimum elevation of the SUpGt'structUI'C, 4) The site plan must show how cn.site pat:king and access to the parcel and structure will be handled. 5) The applicant must submit a p13t to indicate the traded parcels and to serve as an dlieildment to the Hi 11 House Condominium Plat. .. -, t']' .. .' -'-....~. .. ~ -"'--- _."~"-'-. . ~ .,- . I"""- """ :) ! AW on-ICES OF GIDI or-; I. KAUFMAN ^ "R," r:',!>I,"N.o.l COflP01lArlON GIDEON l. KAUFMAN BOX WOOl 611 \"'EST MAIN Sn~I:ET ASF'E.!-l, COLORADO 81&11 TELF.PHONE .....HCA CUUE 30::1 925-8166 DAVID G EISENSTEIN January 27, ]983 Aspen Beard of Adjust~cnt 130 South Galena Street Aspen, Colorado 81611 Re: Pardee/Wedum Variance Dear Board of Adjustment, I write this letter on behalf of my clients, Lee Pardee and Randy Wedum, \>lho seek a variance from the prohibition of building in the 100 year floodplain. My clients have received Planning and Zoning Commission approval for a lot line adjustment and stream margin review. During this process, support for our variance was expressed by the l'lanning and Zoning Commission, Planning Office Clrd Engineering Depar l:men c. 7;le Planning Office and Engineering Department as well as the Planning and Zoning Commission feel that it would be benE,ficial t:o the property owners, the neighborhood and the community in general to allow a variance so as to permit construction in the floodplain. The Engineering Department feels that there are several advantages to the floodplain site and the proposed removal of fill which will increase the upstream floodplain. Even though the Code indicates that structures are not allowed in the floodplain, the Engineering Department supported the request because of the new locations I lack of visual vulnerabili ty and the improvement of the floodplain situation. While from a technical point of view we would be building in the floodplain, from a practical point of view the new building site is less likely to flood and is much more desirable from a community standpoint. The floodplain is determined on a very large scale county wide and is not always very specific or extremely accurate. In our case, the applicant is trying to rectify an unfortunate sitation in which one building site, which does not appear to be in the floodplain, is potentially a more hazardous building site than the building site that is in the floodplain. -_.."':~,~".-- /"", "-' """ ...,; ^spcn Donr0 of ^djustmcnt January 27, ]983 Page .rwo The ha~:d"llip to the: appl iccmt, in trying tu do the Li':ht thing for th(-~ nf'!ighbc)):hood an(1_. for t.he: river I. b(~lieve is apparent. The hardship is nut limited to the applicants. Your failure to grant il variance would be a hardship to the neighborhood und commur-lit~y in Cjcncr<:.t:L. 'Ilie p:cef:;cnt. building sit:e "here the appliccl'lts hilve the a;,ility to build is much more visually vuln<:rable both to to'm dnd the neighbors. It also crCQtcs po~entj.al problclDS to the I{()aring Farle River. The ne,v site will be less visuall" vulnerable and will enable the applicants to decrease the flood potential in the area. We feel that with the support of the Planning Office, Engineering Department" Planning arod Zoning Commission and the community in ge' ",ral that a vari'),nce is most appropriate in this particular situation. He feel we meet all the requirements for a variance set forth for you in your regulations. I look forward to discussing ttis matter with you at your nE,xt meeting. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation (\Ig}g' r J4 ) '~J;----- By _,':'l.c:::. ,/ , Gideon"J\aLfrran Attorn~y for Lee Pardee and Randy Wedum GK hi -~Y o " ......,..,,1 ~1arch 7, 1983 City of Aspen Board of Aejdsters Aspen, Colorado 8'1611 Att: City Clerk Gentlemen: I am the Ol<'lkr of Unit "A", Hillhouse Condo's (655 Gibson) as an adjoin- ing propc,rty o'l11('r, tax payer, a contributor of open space funds and also, I might add, a supporter in principle of open space concept, I support th", proposed lot split to accomplish this and to put the build- ing site in such a position that it woulc never be possible to block any views from other buildings or other properties since to the rear \lOuld be the existing mountain that supports Gibson Street and which is un- buildable for any homes, Hhen we pm'chased two years ago it was Ot'T understanding, at that time, that there would never be a horne between 'JS and the -.:-iver. If you approve the lot split then we can be assured that this will never happen, 'I?l'b~ ~ ~~~ \ C~~1\) ~~C;... --_'-~~7- v----- , c 't ,1/, ". 1 ',it" lir;' 'f,;' -/r I, Z 'it II' b '.::,:) ), ) .....'- - ..~ ~" . ;f/~lZk J.av':1f/:51[/"'IU 170,j{J S/./t?/V&, ".:S/~ ,/J/;JP/fP Wl---D, '6/6/( " ~):6;) ~, r~ ~ ,; \.1\.\\\' "~l\:-\) ,# ex.: <'he ,',.... jJlIU' &/'rtW or- ;<J().JI/STJtI/.cC,,/r J 5/12- -:; J .;r: T (lj-/9-<';;' Lc>/?/iC 70 "o/V r.l--lr;<:;vTIO/~ ,of It, cv r /it U M~--If..cvc...f- 0)0 IZ./\1-UOV Cd N-fG-l/Nllv's {J/U>;JE/(Ty " A. h"> {,/,i_;"lotJ /J 'Eftl <. 11./<.,/ ItoiME, :rr (:, 0 r jtt'f OPliv'/O/U rH/fJ-/ ;...JO vlSw /-jO//1L'S 7 fo,JU) Of. U,EA12'-V VIS/BJ-J:._ 8'-1 TfJA.. OPE./v -<;'P,4~ ,4J..Loil111UT 0 F ili-f RID C;A,!J/1J[)E f;';>,J\--JJ-.. , X Rut) 00 Iii I";) 'r1211/}, f;:U-E-/<v DIl-Y flU rilE 15{lItIM.E;.;, ::rT I-l"..,,:> A-h.....WJ;tV? '?J~r-rV ~- P/..ti+"S'/I'U- TO HIJOE /JO 'S ( ot- D I S17J./U-TJ 01;/ S ~CP:171 Fo,.e 14- c... fJl,(:,/J//(.,/(,. all-00 , jl-/fr.J/C VOcl, '5 /IV er9z ~/-,I:;: '/ ~~?-- /1( .4'<y<:. .h,f)l<./pV-:; TE/2-tU ~;Oo"O. '-_:~ c c' F"" -'0' '~~,-}-' '..'._ 1 ilLl i:'F,l!l\P.NC~ RFAL F_,~<I~ ClO',:NCi -,,~.,-...-- ~~r r, ~~- eN>-- t: ."'''_ '""', ''''5t"~~ ~ ~"A lij;',:.Y LID <" ~.1 TRACY TITlE, ~l'), 0 601 EAST HYI/AN, #10J [, "SPEN, COLUVDO 51611 LJ (303) 920'1123 March 28, 19,U Board of Adj~strnents City of Aspen re: Hedurn!Hillhouse Application This letter 1.s merely to further explain our O,mership and Adjacent O,mership report ",hich is intended to be dated as of February 11, 1983, He found only one other ownership other than the ownership of James Lee Pal.'dee III and John R. \-Iedum, and that is the County of Pitkin for the property lying across the river knm,m as the Rio Grande 3,,11 Park, Very truly yours, A94l-tJk,;ul Donald D. Veitch Vice President ~~'} ,,;: " '&"> -<.~ <:) <f, ~<<J ~~ ~ "'""_ ,,~J<J ,.... '-' " .~.) ~. CASELOAD ,\\ ':>)": ). .) , (' 'C" . " ) \ i' \,J. 1,'0 l.~,,'. :,j. j' I i {, SUlli,\ilPY SHEET N(l._,5L~LJ.-_ C1 ty of Aspl~n 1. DATE CERTIFIED COMPLTE:____ 2. APPLlCI\IH:_(~U !?l.!1.tiu --- ST M' F : ,1lJ!Li:./J _l1t:L ,If' ;y' (7:i'~ --,;?'7 ') 7 ~.f_l ,~J .. \ "'/ , . 3. REPRESENTATIVE: -, 4. PROJECT NfIr'lE:J}z/)dfL //d(d/!/Y71/ cY;{j:>I(/!d~:f:{Lc/'W(!;nUd~~--- f'1/; fa / 5. LOCATION:~~[ 'c?;tIJv 1/1/(/((.(.(./ --- " 6. TYPE OF APPLICJ\TIOi1: --) --) 4 Step: GMP ( PUD ( , J t1 Ii - (!' -r-' ~~ 2 Step: Subdivision Exception (.xj)[ dncJ _:JS1l~;}('i'''L/C/ G~lP Exception ( J Subdivision ) Rezoning ( ) SPA 1 Step: Use Determination Conditional Use ~Special Review ( ~ ri~ fYlM< (7'-./ tJ ) HPC No. of Steps: ' Other: 7. REFERRALS fu-IU//1_tiL /I-If!' SJ.-.. ~ Attorney , Sanitation District ,;I Engineering Dept, Mountain Bell ~1011sing _Parks Water Holy Cross Electric City Electric ~Fire Marshal/Building' Dept. 8, DISPOSlT~O/ / P & Z Approved V . _School District _Rocky 14tn. 11at. 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({Dr\. m. u::+- s 1"Cl0 -Eo ~ rVl'cQ +- htXu 01- site 6--truckJi'2 0t1l (oqr(:rilj q- f~ h;>,'\d.{e(, o.J_ce :/j <.; ,~ ....., , "",,~ t;") lr-.'C. 0', ffl i Cd nt- (/'{Lu~k- I V\GA.l ( o:{e. -{,~ -t rexMC{ lY-lly\[wJw~Ict- -to ~ SulrY1i+ C{ plat-- -('6 FO(jJ(Qb ,,~-io 5("rue 0.::' <4:,,, -H,lll +*cocbt'.. CcnYo peot!, o Il-1Y,,~Q_\d '-.;. Cl,~''''__j :10- ~/I- "~' \' -{t)'---'~-- ./" I 1.9) -!hE a..~l \ eClICt- m I.Yo-t Dmall\. 0... ~~~ -trwv\. ~ ~orci of A~j uS-l:m'evli ,", ' ' <s~u'--\-\on r;;-(p,) U>lS'cf ~l2.. (a/!'€ - --1J --the. prd'\\l?lfJ ~u l \ol incj -'l8 ~1 \ V'-llf\ htl'2Jxd CU"~ G(1L10,'CQ.. ()LC 0 I-:-e\o/' L...) 10" U o.r-I a,y,- c.e --{(Of't!\ WVI/Cl--... -(teed ~~)'-'~ :~,- :t;, I Applic;mt Dbtr;l.in.td l\. uC\.rlci.r\a:.. {rDM ~+ion ;L4-(,.3LL'Y-1J 6h fY\ar-m ;)1, Iq,?) , -rhe... LUr(D-flce UXl5 qr-~ \::4.:,e::l d-- #.e.- 1efrt.W1--k-\-iol1~ -\-N-+- -1-he1t- c.re..: nD +Hl~ ftLltDldn? of\. +.( fro ~ .jo 01\ ff tJ14 3 ' Q:p-t ' rv li I1.q, 01\. iIIl'.. .25 -A: , m<lX, l\e-iq* -F'r~ "'-ocraqe. ~\ade,,( {'frouttl I? 5V bje.cl- -jo: \ i;:;"'f:;;, M.t\.)(\MUrY\ \-\ciql\+ lit- ~e.. #odurt. CMl'Iot- J>( _,./ '3*~r -l-ho." ;)S" f-eel- from -t~e. ~QCV~1 L.JI'd.istv~ 1rrd~, , &-\ ~ tonstrlJc+10f\ D-? -It-c.. fyltJfl~ mOb+ k_ c.erl-j-{t~ ~I I-'~ :C:__"jIV\(~J~^_q-._5~lct.~_,..D:'..r+~, -b -- gOftrt\.V\l-t>e m,'",i"'lJ'" j-re9M +tol{}_ cli S f'upi'iOh ~n;l:5{erd- -- wHh .5Ourd ~lr.e~ril'j -+ Cbllstr-Uct-izr-. (>M.diLe5, r. \, i " , , fJ [) o " , I I> o (), Counci l~_ Approved__ ~ Denied Datc.._ ,1 rCil,-<1;5-<J:11r'\, 4e01-!Lcd._l(:L~"'0:JLJ'.itt(ltL__.~(lfjC.+_+c,-: _______ {11..Jr.L:_rtlf.._p;.L._::IL1=, n (0(Lm.:1L L{~~L1._JJ.X!.d.i:'-'-'(L,.1( '( {;'t mo ~L_h:~__deed__--1f ',,([L(h,L.._~'f:~~he.._~fj_ ct!b V~t(Q~.ll~, 2. if __. ,-------(ffi..!L,~-y;~..0- '(he. _._.Qt:[i!J.:1L_-I~!:[{f..L) _. -_____ 10(- -f;;\- 1hr --Ll4"4:i.irdrtt' .1ll:;,xL_s.'Li1:' i__<2,--f-t;).!- -h --fh" -.:=Ln.lt/pd r~",-r('h ---.-L..:b. <,e.l"(I' 0') an -~....Jbe.._....i:lJ1J_.tk~)X' __(QCdD_ Pi-:;f-, iL:.:-/Jt..-J. ir:. /1n-r1Jd i1l11i- '_;_'C,"':--_l...:..:. 9. PREUlmlARY PLAT REFERRALS: _....1\ t torney ____Engineering Dept. ..,,_Housing I~atcr __City Electric Sanitation District r'1ountidn [lell Pal"ks __Holy Cross Electric -Yire ['1itl-shal/tluilding ~J::pt. Schoo 1 Di s rl"i ct _RGcky Mtn, I'lat. Gas __State Highv:ay Dept. Other 10, PREUHINJIRY PLAT -- PUBLIC HEARING P & Z Approved Den ied Date , -< 11. FINAL PLAT Counci 1 Approved Denied Date 12. ROUTING: I Attorney _LBuilcling ~[ngincerillg ./ Other -- U('.c b Of(i ((:.. , JD'I - {or, ffl rr1 41j, ml"lTlY1~ ,..,'_,___._,______,__M'-~~"'- -((r ~{ (l-wd'ir,l\!> ~ (Vl,,' Ii 1:\ "tfrn tJfl I , r\ :) -"j I'. l""'- V , -.., J'-r l'lUl0RANDl;'l . ":::-:/c:_ _ "" OJ' ()\l"(! '" cq::t;2..cO TO: Aspen City Souncil FRO!'l: Alice Davis, Planning Office pardee/\,e:lum Lot Lir18 Adjustn:entand Str',:'am nal;jJ Review ;1 /?/ I 11// / APP!lOVC" AS TO IOm.l, a1"" /T'",~'L~.- ---~ --{;---, - 707 Gi bson Avenue (Lots 1 and 2, Hi 1 1 HO(5 Condomi ni ums, and the adjacent Wedum Tract), RE: DATE: April 25, 1983 Location: Zoning: R-30 (PUD). Applicant's Request: The applicants are l"equesting apPI'cval for a lot line adjustl;\ent between properties owned by Lee f';:rdce and Randy \'!rdum and are also requesting approval to d stream margin review, The results of'the lot line adjustmcntwill b~ to incorporate an existing 7,332 squal"e foot lot owned by v!eLI,m into the :outheasten, pOl'tion of Pal"dee' s preperty while carvinli v:edwn a new 7,4'19 SqUal'C foct parcel out of the western portion cf Pardee's property, GJth the existing lot owned by Wedum a~d the proposed lut to be owned by Hedurn are in the 100 year flocqldin and are therefore subject to Section 24-6,3 of the Code, Stream I'Lrgin ReviEI'I, Referral Comments: The Engineering Department commented that there are several advan- tages to the neW building site and the proposed removal of fill which will increase the upstream floodplain, Even though the Code indicates that structures are not allowed in the floodplain, the Engineering Department support' the request subject to the fonoVling: P' J. ,\ \-." ,~ .;--~-- ~-"'-- ~~ '" 3. The applicant should specify for review and approval any trees within or adjacent to the new building envelope which are to be removed, 'J 4. Locations of building pylons should be indicated as well ,'as the minimum elevation of the superstructure, ~. 5, The site plan for the proposed parcel should indicate how on-site parking and access will be handled. "--.; 6. The applicant should submit a plat to indicate the traded .,~ parcels and to serv~ as an amendment to the Hill House Condominium Plat, Planning Review: Offi ce Section 20-19(a)(4) alloVls a lot line adjustment betVleen adjacent properties to be exccpte'd from subdi vi s ion review procedures provided the adjustment Il~eets the follovling criteria: 1, Boundary changes must be betwpen consenting landoVlners, 2. The adjustment cannot directly or indirectly affect the development rights or permittf'J density on the affected properties, . o ,., ,...I ' Memo: Pardee/I 'edulII Rage Two Apri 1 25, 1983 , < . 3. Parcels affected must continue to 'conform to the under- lying area and bulk requil'p'li'2nts of the zone d'istrict. Existing nonconforminrJ lots shali not increase their 'nonconformity as a result of the lot 1 ine adjustili','nt. 4. The applicants must con~ly with all applicable zoning and subdivision regulations, The requested lot line adjustlllent, as proposed, meets all of these criteria, Since the development rights on the subject parcels cannot be affected, the applicants have ilgl'eed to deed restrict the aliO\';ed floor area on the new and larger' I'ir"dum parcel to the floor area allowed on the original Wedum parcel which is 117 square feet slllalier', The original 11edul1l pal'cel is 7,332 square feet, a nonconforming lot in the R-30 zone district, The newly cl'eated parcel \-,ili not increase this nonconformity but. \-li11 reduce it by 117 square feet. Section 24-6,3(C~'~f the Code, Stream Margin Peview, lists six review criteria for guiding developl!1ent within 100 feet of the Roaring Fork River and its triblJtat'ies, The pertinant criter'j" related to this application are as follows: 1. No building shall be located so as to be within a flood hazard area, 2. Vegetation shall not be removed nor any slope grade chang~s made that \-Jill produce erosion of the stream bank, 3. No activity shall be allowed which will increase stream sedimentati on and suspens ion loads. Since part of the existing Wedum parcel and all of the proposed Wedum parcel fall within the 100 year floodplain, the applicant would have to develop either parcel in a manner which \-iOuld 'mitigate any erosion or sedimentation problems or any other flood hazard area impacts, The Engineering Department feels that the requested land trade could be accomplished if development impacts on the new parcel are mitigated by putting any structure developed on pylons, removing them from the floodplain, Also, the applicant should provide infol'mation through a revegetation/regrading plan which shovls that there will be no increased sedimentation or erosion resul ting from any grading or vegetation removal necessary in developing the parcel. This regrading/reveget~tion plan should give all the information requested by the Engineering Department. The Planning Office believes that the newly created Wedum parcel will create less visual impacts than the original parcel, an' important consideration since both sites are across the river from th~ designated Roaring Fork GreenwilY, The original parcel is devoid of vegetation and tree cover and any development would be highly visable and more subject to erosion and sedimentation problems, The new site is heavily revegetated and well screened from the Greenway, Special care will need to be taken to protect the natural vegetation and to revegetate any disrupted areas, The major issue in evaluating the applicants' stream margin request is determining whether or not building a structure on pylons actually removes the structure from the floodplain, The Code specifically states that no building shall be allowed in the flo()dplain, 1I0\'lever, if the structure is on pylons and all dCl'iJop;::nt impacts are mitigatc0, it may be desirable to allc'.1 the structure (on pylons) to hl' built in the floodplain so that the new Wedum parcl'l can be used, since the new parcel would create less visual in~acts and be less suhject to erosion and sedimentation problrcllis, Planning Office and P&Z Recornrnendil ti on: Due to the difficcl ty pgZ Ii d lliilk:1I5J the interprc" etion that a structure built Oil pylor,s is a st'ucture no loncjc;J" l0catedin the fioodplain, the Cun!ini',sion ,adr<cda condition to tlil,ir approval reql:il"ing the ap!Jl~cilnt to obtcin a ',i(i\~liinC'e'--fl'om the bOdl~d of Adil';Lrncnt prior to Council's revlC'\,1. (The condition stated that th(; Board of Adjustment must granc the"applicant a vilriance flom Sectiun 24-6,3(c)(J) at a public i,earing" Section 24-6,3(l} "" st~te:, thilt "no building shall be locat~d so as to D', \,'ithin !, \ a flo;Jd halan! area designdteci r,y the U,S, Corps of Engineers, ~) Flocd Plain Report for the l;oJring Fori: River,";---'- The arJpliciJnts \'Icre granted such a variance from thG Boal'd of I\djt:stmGnt on Harch 31, 19113, ThG val'i,lnce \'laS grunted based on th2 rGprrsentations that there were no title problems on the proi:erty and on thG Building O'2pi'l'tment ruling on the 25 foot maximum height fl'om average gl'aele Approl'al IviJS subject to the follo\-ling conditions: -- The maximum hci~ht of the stlucfure cannot be grciJter thai; 25 fret from the avcr2ge, undisturbed gnde, '\ 'The construction of the pylons must be certified by the ^ Engineering and Building Oep~rtments to gUiJranteG minimum . stream flo'lv'disruption consistent with sound engineering '~)/) i and construction practices, I,ll ilia: Pi' n!ee/I'!edu" Page Thni-' April 25, 1983 . , \ . (' 1"\ \",:..J 1 I ~:'1 .J,\ I' t, ."~ ~',< \ 1 "'~ . /I 4'- i', "", \ ---<~",,) 2. j / ,-,-/{ I \" " ....... -'"' V , The Planning Office and the Planning and Zoning COiT,m'ission reco~;,n2nd the approv21 of tLe req','es tr,d lot 1 i ne adj us tm0nt and stream miJrgin reviGW subjGct to the followin9 conditions: ..... " , I ), I I,,-O\.',~ ~.,\ i '..;-i: I \. t.""'"' ," ~ ....., , "'." 1. q 't .It \o;'\'-'i ... <- ,~ 2. The FAR on the new 7,449 square foot Wedum tract must be deed restricted to the FAR allowed on the original 7,332 square foot tract,'with the deed restriction documents subject to the Attorney's Office review and approval. 1\ regrading/revegetation plan muSe be submitted for review and approval by the Engineering Department. This plan must include all of the information requested by Engineering, including the following: '" a. Submission and approval of a detailed grading plan indicating the river's edge and proposed contours complimentary to the existing grades to the southeast and along the river, The applicants should plant the regraded area adjacent to the river with species in keeping with the Roaring Fork Greenway Plan as well as existing plants in the area, ~ b. ~ c. r:,~ ;.: 1'\ , , ..-> ~" .",,~ ,",," r'\ ~, ~ .' "...1'-.,\ d. , - . ".: " 'Ii i ~ "",A , ~,:..... eo 'i J "';""<~ e.j ! I ~ ~.'" ""'01" 0" , ' "I,. 'll. ,:>--.1 r, . The app 1 i cant shoul d speci fy for revi el'l and approval any trees within or adjacGnt to the nGW building envelope which are to be removed. Locations of building ~ylons should be indicated as well as the minimum elevation of the superstructure, The site plan for the pr'oposed parcel should indicate how on-site parking and access will be handled. The applicant should submit a plat to indicate the traded pal'cel s iJnd to serve as an amCndllii'nt to the Hill lIouse ConcloliliniullI Plat. , ~ o J tt,emo: Pi! rdce/Hedum Page Four Apr i 1 25, 1983 . 3. The applicants must meet the cJnditions of the variance from Section 24,,6,3(1) of the ::ode granted Ly the BOdrd of Adjustment 1'll1ic:1 includr.: a. The maximum height of l:-e structun! cannot be greater than 25 feet frem the average, undistur~cd gra.de. b. The construction of the pylons must be certified by the Engi neeri n9 and Bui 1 di ng D~pJrtments to guarantee minimum stream flow disruption. Council Action: If you agree with the l)lanning Office and P&Z l'ecol1lnendation, the appropriate motion is as follows: "I move to approve the requested lot 1 ine adjustment ilnd stream margin review subject to the 3 conditions stated in the Planning Office memorandum dated April 25, 1983," . . ^ v ~ -...I . ._-'-,---,......_--,. -,'. ".,.~._.~. ,., -,-_.-.".-- _........,-'--'.........~ ,,'..,--....'- .......,~ ...... -" --_.._..~ ),~_. "" ._.- ._-,.~_._------- -_.......--...---~--.....'_.__.,.-.~. --- ,--- -~.." / ~- ~ ,.: ...'.,,, ~ -- r~. ~-';:' ,... .'- ....,,~ _ ., _ _ ,,_ - r Ms, Alice Davis"c , City & County Planning 130 SO, Galena St, H Aspen, L:O 816~2 _, ~ : ,:, . - - - No'vember 2,' 1982 Office Dear Alice, T""., ...", :-', ,-' C -, : -. r'~ . - . . This is an applJcation forbolh a stream margin revie~ anela lot line adjustment, Both the citizens of Aspe~and theaPDlicants will benefit by approval of th5,s,application, _A brief history of the land in qucst/"onis=a~proI2riat~::-=:~:~ .;' _ __u'u ___ ""= :,2:1.Y' Ii1Cjul'!'1977>tlu?Aspen 1'&2 gave approval in a strcnm margin revie" to allov7 the place- ment of excavated earth on the subject nroperty, A condition was that after completion of construction the earth be leveled and the area cleaned up, 2) In October 1979 the Aspen 1'&2 in another stream margin review approved the construction of a tennis court on the property in question, Randy Wedum, one of tlH" applicants owns a 7332 sq, ft, parcel of land that boarders the Roaring Fork River, The expected building envelope is on the bank of the river where there are no trees or bushes to hide a structure from view frOln the public area across the river, The building envelope also ha~pens to interrupt the view of the Hill House Condominiums across Spring St" Therefore the apnlicants propose to trade equal sized Darcels of land so that a new building envelope w08ld be created, This site would be surrounded by large trees and bushes and would be almost invisible from the public area across the river, Although the new lot has 7449 sq, ft, Mr, Wedum would agree to deed restrict the FAR of any structure to what it would have been on the original parcel. Additionally, Mr. Wedum would agree to place the building envelope at the far end of the parcel away from the river, TI1e question of flood plain must be addressed, Jay Hammond of the Engineering Dept, believes that this trade could be accomplished IF the applicants agree to put any structure on pylons so that it won't be in the flood plain and IF the applicants compensate for the small intursion into the flood plain (the pylons) by agreeing to increase the flood plain upriver (on the 7332 sq, ft, parcel) by excavating and removing earth near the river, Jay agrees that the new building site would be very much in the public's interest in that a visually obtrusive site would be replaced by a sheltered site much further , . ',,- " , , ! ,;' i I I , I I . . r--, \....r "...... . from the river. Othp~ than the above all Code requirements for the Stream Margin Revie\-J and the Lot Line Adjustment have been ]llCt and the applicants request approval. ' John R[iDUili.1 I-iedum - s~~;e; e7i:~, j!J~~~ J~,_,_.___,___~______ J 1"12:'; Lee Parllee III Prcsid(~nt Hi~l House Homeo'dners Assn, . ,