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Land Use Case.1460 Red Butte Dr.0041.2013.ASLU
Aw THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0041.2013.ASLU PARCEL ID NUMBERS 2735 013 02 012 PROJECTS ADDRESS 1460 RED BUTTE DR PLANNER JENNIFER PHEAN CASE DESCRIPTION STREAM MARGIN REVIEW REPRESENTATIVE CITY OF ASPEN DATE OF FINAL ACTION 8.7.13 CLOSED BY ANGELA SCOREY ON: 1.8.14 -z, 2 c�r� - .9 z Gr Z L 14 Perms s R s File Edit Record Navigate Form Reports Format Tab Help jump I .11 I ._..... __ ..., o' Routing Status ,Feed Fee 5rammary Mafn Actions AttachM& jRuu6ng,6" Ualuat+on Archj@iq Custom Fields Sub Permits Parcels a IPermit type aslu Aspen Land Use I P 0041.2013 ASLU Address .1460 RED BUTTE DR 1 Ap'Su�e � i "1 City JASPEN — State CO Zip 81611 rr I 1 111,3 Permit Information 3 Z Master permit Routing queue aslu0? Applied 0614013 n _ 0 3 Project�— ( Status ;pending Approved Description APPLICATION FOR STREAM MARGIN REVlEbV IN THE RED BUTTE SUBDNISIO(d Issued Clo��?final�� Submitted IGLEN HORN 925 668' aoij Running Days 170 Egires 06'09?2014 �sner Last name , Rlt f First name STEPHEN F 14 GARDEN LN NE'r" ORLEA(JS LA 70124 Phone j Address I. 1 APP(iart . L Owner is applicant? j Contractor is applicant? Last name BRINT First name STEPHEN F —� 14 GARDEtd L(J NE B'ORLEANS LA?0124 Phone l f Gust 2930 1 Addr¢as Lender 1 Last name First name Phone i 1 Address 1� E a ._ ILdsplaysd�epermdlendersaddress 1 of 1 AspenGaldBsenrer angelas ��� � a `� PAIJ�► �l� � ��25000-_ IMPROVEMENT SURVEY PLAT/STREAM MARGIN REVIEW/SITE PLAN OF: 1460 RED BUTTE DRIVE L� ar .az m mFt. A,.�l LOT 3, BLOCK 1, RED BUTTE SUBDIVISION � U Z. A PARCEL OF LAND SITUATED IN THE SW Y4 OF SECTION 1 a `u` •��^ - TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO 1 i s SHEET 1 OF 1 THE PUPPOSE OF THIS SITE PLAN R TOSHOWTHE BUILDING ENVELOPE AS ESTABUSHED BY THE COMMUNTYDEVELOPMFM DIRECTOR BASED UPON THE TOP OF SLOPE DETERMINATION APPROVED BY THE PLANNING AND ZONING COMMISSION, EXISTING CONDITIONS LEGEND H. px 2�<b• PROPERTY DESCRIMION n \ LOT 3,BLOCK 1 �`•t - t R= LOT \ 3326" REDBUTTESUBOMLON,ACCORDINGTOTHEPLATTHEREOF e 6FauRn \'v\ RECORDED SEPTEMBER 16,39601N FIAT BOOK ZA AT PAGE sttrt M e— LRNQ o $� \ �; CITY OF ASPEN W OfOwsaus mU / \- COUNTY OF mLO Lo t* Y STATE OF RADO TUIRTYm P).' DFOrlRiVZ.11Z w SURVEY NOTES COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL 11 DATE OF FIELD WORK OCTOBER 21 NOVEMBER 2E,2012 nh \ \ THIS SITE PLAN FOR lOT 3,BLOCK I,RED BUTRSUBDVISI BEEN REVIEWED BY THE COMMUNITY DEVEIOPMEM \, OrEeHf.fOx. 21 DATE OF PREPARATION:DECEMBER 2012 AND AUGUST,2013. DEPA NTO CRY OF ASPEN,THIS_11;2 Oi 2013. J.i. ttrlt+mi ]6'SEmAG ,OF S AHa gpK [nFR 1H a 3)BASIS OF BEARING:A BEAMING OF N 51'00'00'E FROM THE SOUTH LOT CORNER MONUMENTE.BY A FOUND 3L"'RN PIPE AND THE TII'WITNESS TO THE FAST LOT CORNER MONUMEMED BY A FOUND K REBAR 8 ALUMINUM CAP LS.1316 COMMUNITY OEVELWMFNT OIgEROP «I en �`.S � \ 6)BNSOF SURVEY THE%TOF BLOCK 1.RED BUTTE SUBDMLON RECORDED SEPTEMBER 16,19601N PLAT BOOK 2A AT FACrE 2S% YXQ 1 t9 C/// \ ��\ THE IMPpOVEMENT SURVEY PLAT OF LOT 3,BLOCK I.RED BUTTE SUBgWSH2N PREPARED BY MT SURVEYING,U.I.DATEO 01/15/12, a CITY OF ASP EN CPS CONTROL MONUMENTATIOH MAP PREPARED BY MARCTN ENGINEERING U.C.DATED DECEMBER 2,1009,THE TITLE OWNER'S ACKNOWIEOGEMENT C 7056 ` OKNUT > COMMITMENT PREPARED BY PITKIN COUNTY TITLE,INC UNDER CASE NO.FCT23608W WITH ANO EFFECTWE CATE OF SEPTEMBER 26, s -1 r\VP� 2012.VARIOUS00CL1MENTSO FRECOR D,AN.—X UNDMNUMENTS,ASSHOWN. NNOWNALLMEN THESEPRESFNT THATTHEOAWNFRSW UIVITAPUDFALL PROPERTY SITUATED IN PRIUN COUNTY,COLORADO �,,' IP II PNAf f/ S THIS SURVEY ppES NOT CONSTffOTEATRLE SEARCH BY SpPgISENGINEfRING,LLCISEI TO DETERMINE OWNERSHIP OR EASEMENTS SRHOWN NfREN ACKNOWLEDGE THE AVOW VICE ANO LIMITATIONS OF OF EN PLNNING AND20NING COMMISSION 1fy.. RKOnI ��. !' _ — SI OF RECORD.FORALL INFORMATON REGARDING EASEMENTS,RIGHTS Of WAY A,U-C ITITLE OF RECORD,O NERSHI P(HI EASEMENTS REFERENCED IN NOR N0.1 ON THE FUN.F%ECIITED iX5 j�DAY Of Y 2013. r SAID ITEMS DESCRIBED IN NOTE A STE PHEN F.NLI R BLE Ti1D5i/r r F�geepn OF 61 BASIS OF EUVATHNI:AN ELEVATION OF 1120.88'(NAVD 19881 ON THE NGS STATION"5-159",PER THE MARGIN 2009 CITY OF ASPEN E �.J(�/�v 6M/f• / 0 'r 85F,I�L36Ia GPS CONTROL SURVEY.THIS ESTABLISHED THE SITE B CHMAPR SHOWN THIS PAGE. STEPHEN F.BRUNT,NIANAGER 5[wORM, 't"T �� llv wmlEssl q 71 CONTOUR INTERVAL:ONE(1)F00T. rV PWNSAN0IINLPART WITHIN THEN 1000YR FLOOD PLAIN AS ILWHICHARE HEREON.COMM N-T F NOEIBNO.OB091CA E1 RULF DATOED JUNE 4,1987. 91 THE DESCRIPTION OF THE SUBIECT PROPERTY FROM THE ORIGINAL"PLAT OF BUDEX TILED BUTTE EURDIVISRHV WAS FOND TO v2n 2m u)roL m'rim v9 rae'K ZY rm HAVE MAIOR ERR ORS AND OMISSIONS,IN DROER TO RECTIFY THE BOUNDARY OF THE SUMECT PROPERTY THE EXTERIOR BOUNDARY WASOMWNIN AND FOUND TO CLOSE TO ACCEPTABLE TOLERANCES,THE RK>HTOF-WAY WAS THENOMWNIN pNOIR UTO / ? .''A�vf % f x)a'r rP rs 2x)a'v r221m vx)ro.aY 2P'mP CLOSE TO ACCEPTABLE TOLERANCES AND WAS FOUND TO BE CONSISTENT WITH THE ORIGINAL MONUMENTATION.BASSOON THR \\ p� % ) RS a)f.s�'m mP za)ra'rm rro b)rav'x M rKn EVIDENCE THE WESTERLY LOT UNE WAS EXTENDEDBYDIVTO CLOSE THE DESCRIPTION FOR THE SUB.—PROPERTY. PROTECT FENOIMAgK r) / ON 1 n ar'r rR'rw n)x m v1 FY 11 - )rzz'r N my to e'x re b)zR'r b rnv f a)taY+x m0 X)a r ro rN+ aN awY rt raP k r � / _ f rP)rr tY mP n)2r'r b rN aP)ra.Yr aT rw GENERAL NOBS 0 L J '6-- / Ua•v ra mr aO e'x ra rw )rzat 25 SI OEVELOFMEHTON THIS PARCELIS SUWECTTO THEALE"ANCES AND UMITATONS OF THE CRY OF ASPEN FLANNIN OM GAND—NING CM190N �// / r2)at rY rxP u)xY e'rrp u1 t6.6t]z rro RESOLUTION HO-19,SERIES Of 2013,REC00.DE0 AT PFCEPTION NO.6023%. ra riv 2)PER THEABOVE NOTED RESOLUTN,TNIS PLATDFUNCATESA 15 FFETSETBACK FROM THE TOP OF SLOPE AS THE BUILDING ENVELOPE FOR NY / )e'+r2' )rr'ru aa)asv r2'mv DEVELOPMENT IN UEU OFA MINIUMUM REAR YARD SETBACK.ALLOTHERSETBACKSARES WECTTOTHEREOUIREMENR THEUNDERLYINGZONE \ LOT6 ra)sr rP'mP 1 ra 11 e. DISTRICT. r2'me a 1 h�piw a2)reYr%'AP N, " rP I re)x'K r Y P) x m'rqv / 1 rY rrr mP b)rnv-v zo'mP / A .0�% SURVEYOR'S STATEMENT I,MgRK 5.111R.HEREBY CERTFY 1:STEPHEN F.BR01T AND FRILIN TITLE INC _T THIS IS AN\ LOCATION OF ALL'IMPROVEMENT SETBAOD,STRUCTURESPVRIBLE UTIF-ICS, OR WALLS SUILATED ON THE DESCRIBED PARCEL AND AND WI THIN SHOWING THE OF ALL GMPHIC SCALE BOUNDARIES a SUCH PARCEL,ANY CONFLICTING BOUNDARY EVIDENCE OR VISIBLE ENCROACHMENTS,UTILITIES MARKED BY CLIENT AND ALL DEIUC.I EASEMENTS DESCRIBED IN PITKIN COUNTY TITLE,INC.S,COMMITMENT FOR TITLE INSURANCE CASE NO.PCR360RW,OR OTHER SOURCES A$SPECIFIED. N H Al THE IMPROVEMENT SURVEY n I� n \ THEE OF O E ' THAN 1/15,000. TAIINT '� �� � IR�PIVF� MARKS F�R Li s`�rFxuY �OPRIS ENGINEERING-LLC ia `s= ; �r•' '� °A J CRRKANO PECDPpERY CERTFIfAR'� eiwl Ba HXro 502 MAIN STREET,SUITE A3 THIS SRE FWI WAS TILED fOP RECORD IN THE OFFICE OF CLERK AND RECORDER OF PITKIN COUNTY,ON TH6 3o�pgY OF ,...m, CARBONDALE,COLORADO 81623 A_�'��} (970)704-0311 SOPRISENG@SOPRISENG.COM A—:` 2D33ANDISDULYRFCORDEDINBOIK iO4 PAGE 3'1 RECEPTIONNO. 602113b. 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. Stephen F. Brint Revocable Trust Property Owner's Name, Mailing Address and telephone number Lot 3, Block 1, Red Butte Subdivision and commonly known as 1460 Red Butte Drive Legal Description and Street Address of Subject Property Special Review for an alternative Top of Slope Stream Margin Review and Four Residential Design Standards Variances to develop a single family residence Written Description of the Site Specific Plan and/or Attachment Describing Plan Resolution No. 19 series of 2013 P&Z Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) August 15, 2013 Effective Date of Development Order(Same as date of publication of notice of approval.) April 16 2016 Expiration Date of 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 15th day of August, 2013, ' by the City of Aspen Community Devel ent Direc Chris Bendon, Community Development Director AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: l L16 C� e ve Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I, y 1G, M U C{ � r) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Sign a ��GG��rrJJ The fo going " ffidavit of Notice" was acknowledged before me this t� ay of 20LI by 0& (A t", WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Of My commission expires: L�O 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 y 24,Article 68,Colorado Revised Statutes,pertain- Notary Public ing to the following described property:Lot 3,Block 1,Red Butte Subdivision and more commonly known as 1460 Red Butte Drive,Aspen,Colorado, 81611,by order of the Planning and Zoning Com- mission on August 6,2013 via Resolution 19(Se- ries of 2013). For further information contact Jen- nifer Phelan,at the City of Aspen Community ATTACHMENTS Development Dept.130 S.Galena St,Aspen,Colo- rado(970)920-5090. COPY OF THE PUBLICATION s/City of Aspen Publish in the Aspen Times Weekly on August 15, 2013 RECEPTION#: 602396, 08108/2013 at 03:29:22 PM, I of 9, R $51.00 Doc Code RESOLUTION Resolution No. 19 Janice K. Vos Caudill, Pitkin County, CO (SERIES OF 2013) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING RESIDENTIAL DESIGN STANDARDS VARIANCES,SPECIAL REVIEWS AND STREAM MARGIN REVIEW AT 1460 RED BUTTE DRIVE, LEGALLY DESCRIBED AS LOT 3, BLOCK 1, RED BUTTE SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273501302002 WHEREAS, the Community Development Department received an application from Davis Horn Inc., on behalf of Stephen F. Brint Revocable Trust requesting Variance approval of four Residential Design Standards, Special Review for a variance for an accessory dwelling unit, Special Review to determine and alternative top of slope, and Stream Margin Review for a new single family home located at 1460 Red Butte Drive; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended approval of two of the four Variance requests, denial of the Special Review for the accessory dwelling unit, approval of Special Review for an alternative top of slope and approval for Stream Margin Review; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on August 6, 2013; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meet either applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the Planning and Zoning Commission approves the requests; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Residential Design Standards Variances Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a variance application from the following Residential Design Standards that are underlined, as represented in the application presented before the commission and included as an exhibit to this resolution: A. 26 410.040.A.1. Building orientation. The front facades of all principal structures shall be parallel to the street. On corner lots, both street facing facades must be parallel to the intersecting streets. On curvilinear streets the front fagade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. Parcels as outlined in Subsection 26.410.010.13.4 shall be exempt from this requirement. B. 26.410.040.C 2(e). Parking, garages and carports. The vehicular entrance width of a garage shall not be greater than twenty-four(24) feet. C. 26.410.040.D.1(a). Building Elements. The entry door shall face the street and be no more than ten (10) feet back from the front most wall of the building. Entry doors shall not be taller than eight (8) feet. D. 26.410.040.D.3(a). Building elements. Street-facing, windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve (12) feet above the finished floor. For interior staircases, this measurement will be made from the first landing if one exists. A transom window above the main entry is exempt from this standard. Section 2: Special Review (for top of slope) Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves an alternative top of slope request via Special Review. Section 3: Stream Margin Review Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Stream Margin Review for the project as represented in the application presented before the commission. Section 4: Plat The Applicant shall record a site improvement plat that meets the requirements of Land Use Code section 26.435.040 F., Building permit submittal requirements prior to submittal of a building permit. As approved by the Commission, the plat will delineate a 15 feet setback from the top of slope as the building envelope for any development in lieu of a minimum rear yard setback. All other setbacks are subject to the requirements of the underlying zone district. Section 5: Building Permit Application The building permit application shall include the following: A. A copy of the final Planning and Zoning Commission resolution. B. The conditions of approval printed on the cover page of the building permit set. C. A completed tap permit for service with the Aspen Consolidated Sanitation District. D. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which meets adopted City standards. E. An excavation stabilization plan, construction management plan (CMP), and drainage and soils reports pursuant to the Building Department's requirements. F. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. G. A detailed excavation plan for review and approval by the City Engineer, H. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 6: Parks A. Tree Protection 1) A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. As referenced in Chapter 13.20 2) No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920- 5120) before any construction activities are to commence. As referenced in Chapter 13.20 3) Any access across or through the area of protection is prohibited at all times B. Tree Permit 1) If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. If a permit is necessary, contact the City Forester at 920-5120. Mitigation for removals will be paid on site or cash in lieu per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. 2) The permit should include the trees which will have impacts from excavation and building under the drip line of the trees. The site plan shows several trees proposed to remain with significant impacts adjacent to or around the trees. The permit shall include a detail of the impacts, which include but are not limited too; depth of excavation,,distance from trunks, height of impacts, etc. Approval of the tree permit is contingent on review and approval of the drip line impacts. C. Stream Margin Improvements/landscaping 1) The landscape plan has to be approved by the City of Aspen Parks Department. Any landscape treatments within the 15 foot setback are required to be native vegetation only. A site visit held on June 25, 2013 determined that the area below the top of slope is in good condition additional landscaped or re-vegetation within the 15 foot setback is prohibited. 2) During a site visit held on June 25, 2013, Staff identified several landscape treatments which are prohibited by the stream margin code 26.435.040. Staff identified several trees which were purposefully damaged and poorly trimmed. These landscape practices are not approved within the stream margin. D. Miscellaneous 1) How and where utility connections are made is a major concern relative to impact on the existing trees and areas of protection. Please detail these connections with the existing vegetation overlaid for building permit review. 2) Grading or slope changes outside of building envelope is prohibited, 26.435.040. 3) A top of slope protection fence is required at the 15 foot setback of the top of slope. Section 7: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant design shall also be compliant with the Urban Runoff Management Plan. Section 8: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met per building permit. Section 9: Utilities The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards._ Section 10: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, at the time of construction, which are on file at the District office. All ACSD fees must be paid prior to the issuance of a building permit. Section 11: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 12: Impact Fees and School Lands Dedication Fee-in-Lieu The Applicant shall pay all impact fees and the school lands dedication fee-in-lieu assessed at the time of building permit application submittal and paid at building permit issuance. Section 13: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning_Commission, are hereby incorporated in such plan development-approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 14: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,and the same shall be conducted and concluded under such prior ordinances. Section 15: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason. held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its meeting on August 6, 2013. APPROVED AS TO FORM: grspamer, Zoning Commission: Debbie Quinn,Assistant City Attorney Chai ATTEST: KU& � Reed Patterson, Deputy City Clerk Attachments: Exhibit 1: Approved site plan, elevations Exhibit 2: Alternative top of slope plan [DID I 1 -------- FA a ❑ q � a I r 1 d Z 1 RED BUTTE RESIDENCE CHARLES CUNNIFFE ARCHITECTS a© N 1460 RED BUTTE DRIVE 6d ASPEN,COLORADO 6,o6urerc3w.uE, �Wk M 3161, 1 , 5MIMAv 1 6µ6>oM6 .©. i i I I i I i I i i 1 i I i I i I 1 1 I I 1 I 1 ! I 1 ! ¢ I - I 1 , -4- _._._..i.._ - - -.._._.-._.._._._. ._..j..___._._._�.___.._.._._._._._ i i i i I 1 ! I I ! I ! I j ; I i i i i I j ; i 1 I I I I ! o I ! I i 4 • -f `/ ' I - - r -_- - _._ _ ___._ OWN 1 (D . a _ a a 1 I '� m b = I HIP . 1 I I � y $ I 1 1 a I i ¢ 11 q S a , a ,- I d 1 --- — _._. I 1 ¢ I 4 Z m r 1 1 I I i a ; i I _ -___ ___ _.____ -_ ____. i -__ _____. - -- - t � 1 j I i 1 1 D T& RED BUTTE RESIDENCE CHARLES CUNNIFFE ARCHITECTS REM 1460 RED BUTTE DRIVE R �■ ASPEN,COLOADO °IOEL 9THYMAl1AVHASPEN,GOl 11 111 TEL A10.¢=5.SMILMf¢N.970A`37 3 I � I I nl� I � I I i I i i i i i i i i I i I i I I I i I i I i I i I I � ` I I i I , i I I I I I i I i & I : I iI ............. I i I Ti 0=m I i w i SU/r I V I I DO 41� I u i RED BUTTE RESIDENCE CHARLES CUNNIFFE ARCHITECTS �© I N 1460 RED BUTTE DRIVE ASPEN,COLOADO 610 FIST HY4N1 AV9ASPFM,CO 816111 TEL BM.YiS.ssm IFA%.G1C.Y20.4ST1 3 IIVIrnVV[IVICIN I Junvc' 11117 v LOT 3, BLOCK 1, RL BUTTE SUBDIVISI1 A PARCEL OF LAND SITUATED IN THE SW%OF SECTION 1 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF-THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 Nsl 08�� i \ UNO NUPLAR I > MNUNiCAP ' � q�Oq DGE OF ROARING lS.X2 6 \ \ r FORK RIVER AS SURVEYED LOT 2 Q � 6'\ "\ ON 10/24/12 N~ yrO \ � FLOOD PLAIN U September 16,1960 In �i\ '� f OF RANK �'� \\ \ SEE NQTE a HEI PER t\Of ASPEN :) A9p@OXIMAIE� T/ ,•.'..L-st,�..:/�\. ./�r��' I �- R\A PUT\ `-`-_.ms30s1.7\464 SOA.FF 3��S bLAgM B.RE$G 1 LOT \ �2 C \ PE U O\T f\ \ ONC 1>0 l NS APRO \^..; -� �\,4t •.',. �-- _ TEND FLAGSTON Ta.9• )( '-� OUNO XS REBAR APRON F AP ) .. S ALUMINUM C ;y 7706.10 I ` 7s•I71RRX nag L.S.X2376 LE PEDESTAL v '-- MULTI-LEVEL EL WOOD �\ MPUT I \\/ 70'WfiNE55) METER )\ FRAME HOUSE W/GARAGE �d TRANSFORMER b^ ',0# :- 1640 RED BUTTE DRIVE .7'y // a 1 10 \ (CALIPER DBP OAVEFA FENCE _ (?pp.CONOFp/m0.DEOOBOOS) P `�\ CONCRETE,; / 1)A97 TV)W' 21)10-Y 20'TRP 41)5.31 k TAE[ j / ON -',+ T)9.5'X ZO'IRP 21)I07 20'TRP 42J iO.B"I LIS ,rl )9.Y r' J)9.27 18'IRP 23)ID'X 20'IRP u)aJ7 'F WOOD DECI'.. -"/�0',)K_. 4)3'X f0'1/tP T4)a-X 12'IRP 44)10.1") )US TREE \ \ ` (/' ABOVE `✓ 5)197 20'71tP 25)I07 20'TRP 431 10.4^. o I / �\ 8)Il'x T7 TRP 20)Yx 14'TRP 7)5.17 10'1RP 27)14'X 7a'TRP �)eX - " S 8)12.2'x 24'IRO 28)87 la'IRP )247 PR07ECT BENCHMARK 1I '/ -+ ///� t 0P' 49)147 EL ." .74 / • \ Ct +1f 1 // 4 .. _�.� (� 9)IJ27 20'MD 29)5'X 10'TRP FOUND pS AEBAR 10)e'x 1Z')RP 10)21'X 40'IRD .SD)16.7 dALUMINUM CAP !I /- ( L 01 /'_ .'� Sr)125" L5.N237 T;, .1',.--/ ,S II)5'X 10"R3P 31)a7 15'IRP j 52)14.9" 12)27 la-IRP J2)4"X 8'TR0 .ri'.y,� I/Y — 7 / IJ 57 10'TRP JJ)10'x TO'A7D SJ)S57 rS-x]0'm N)9'X 18'1R0 54)7.6"t I5)4"x 12'TRP JS)"'x 2?'w 9'X 10'iRP M)ra87 20'IRO 56)9.7-) .i� I`7 - LOT Q 17)a7 12'IRP J7)Yx 14'iRP 57)IB"X �� [ ..j�a} 18)4'x a'iRP M 1 )IZ.J'X 24'IRO 14 mp 39) 0'X 20'iA0 rtA _ S _20)9'X I8'iRP 40)10.47 20// IRON PIPE JE TABLE -I :M CHORD BEARING DELTA r 80.62' S4-r35'S9"E 1517'14" \ \ y= 2' 132.80' \\\ \\\ OUND I/4' \ /___"lo_"sp_'Pl_\ OPRIS ENGINEERING - LLC CI I C 5 LTAN 502 MAIN STREET,SUITE A3 CARBONDALE,COLORADO 81623 (970)704-0311 SOPRISENG @SOPRISENG_COM �.4 ReLyular Meetine Planning& Zoning Commission August 6,2013 Jennifer Phelan,community development, told P&Z this application is to demolish the existing house and rebuild it with a new residence and an accessory dwelling unit. The requests are for special review approval to memorialize an alternative top of slope for stream margin review,approval of stream margin review, second special review to grant a variance to allow the proposed accessory dwelling unit to be attached to the residence, and variances from the residential design standards for the proposed house. Ms. Phelan said the stream margin review is to insure minimal impact to the Roaring Fork river and its tributaries and where development can occur is limited. The city has stream margin maps outlining engineer's surveys to locate the top of slope;there is an exhibit in the packet showing the existing footprint of the house,a top of slope and the 100 year flood plain. Ms. Phelan told the Commission there is the ability for applicants to request an alternative top of slope shown in exhibit 2 and is closer to the river. The engineering department went to the site and reviewed it and recommends approval of the alternative top of slope and staff recommends approval of this special review request. Ms. Phelan said if the alternative top of slope is approved,the residence will meet the stream margin standards which include setbacks from the top of slope and height requirements. Based on the new top of slope, staff finds the stream margin review is met. The third request is residential design standards,and the applicant is requesting 4 variations. One variation is building orientation, having the facade of the building face the street. The second variation request is from the standard that the garage width of a carport being no great than 24'wide; the third request is that the front door of the house should not be more than 10' back from the front of the building. The applicant proposes an attached garage and the front fagade of the building is the garage and the front door is 40'back from the fagade of the garage. The fourth variance regards the amount of windows. Ms. Phelan noted there are two standards for variances and applicants need to meet one of them. One standard addresses specific site constraints. Ms. Phelan said this lot is over 31,000 square feet and staff does not feel there are site constraints. The other standard is neighborhood context and are there similar features in the neighborhood which might allow granting a variance. Ms. Phelan said the neighborhood is single family dwellings,some with accessory dwelling units, lots of landscaping and screening of the lots. Ms. Phelan said the request regarding building orientation,the building would only be a few degrees off and the neighborhood had a lot of houses facing the street and the request for building orientation still meets the intent of having a street facing fagade and should be supported. The second request is the garage or carport with the entry of no greater than 24'. Ms. Phelan pointed out the neighborhood has a number of 3-car garages with widths of greater than 24' and staff supports the variance from the garage width requirement because of neighborhood context. Staff does not recommend approval of the setbacks from the front door. In the neighborhood one does see the front door near the front fagade of the buildings. The request for windows full glass two-story element is not seen in the neighborhood and staff recommends against approving that request. Ms. Phelan said there is a special review request to have the accessory dwelling unit attached to the single family house. Ms. Phelan reminded P&Z that the ADU standards are geared to the unit be a separate,functional living unit, with a minimize size, minimum storage, kitchen requirements, and that the ADU be detached from the house. Staff recommends P&Z not approve this special review request. Staff recommends approval of the alternative top of slope,approval of stream margin review, approval of two of the residential design standards regarding orientation of the house and the garage width and staff recommends denial of the setback of the front door and the span of glass going through two stories and denial of the attached AUD. The resolution is separated by requests. 6 Regular Meeting Planning& Zoning Commission Au-ust 6,2013 Myrin asked about the criteria for approving top of slope. Ms. Phelan said if there are questions, community development staff defers to the engineering department. Ms. Phelan noted the standards for stream margin/top of slope determination are that it is developed by an authorized survey by a licenses surveyor showing a different determination and that the stream margin meets the criteria. The applicant used a surveyor to determine an alternative top of slope and had the engineering department go to the site,and they agreed to the change. Weiss asked if the change to top of slope is approved, how close the house will be to that top of slope. Ms. Phelan said after the top of slope is created, nothing can go in 15' and from top of slope,there Is a height restriction. The applicant said they are 25' from top of slope;the house is being moved toward the river and will be larger; however, it will meet stream margin criteria. Myrin moved to extend the meeting to 7:15 pm; seconded by Erspamer. All in favor with the exception of Ms.Tygre and XXX. Motion carried. Charles Cunniffe, representing the applicants,told the commission that top of slope has been updated with the city's agreement and on site one can tell the mapping is erroneous. The engineering firm staked the top of slope and the city engineer agreed with the alternative. Cunniffe noted the proposed size of the house is 600 square feet less than would be allowed. Cunniffe said the applicants are willing to give up on the ADU being connected to the house. Cunniffe said the front door being recessed from the front of the house is contradictory;the house is setback from the street and is not visible from the street. This is not a gridded area; it has large lots and a lot of greenery. Cunniffe said pulling the front door just to meet the design standards would add unnecessary square footage. It is obvious where the front door is without pulling it up to within 10'of the garage. The second variance is for the 9 to 12' band of windows and the applicants are interested in a suspended staircase,which they would like to be seen from the outside. The other windows are 9'6"and only are 6"outside that allowed. Cunniffe said the intent of the design standards are to have the houses in a neighborhood conform to each other and this is not trying to look like a traditional home. Myrin said regarding the 9'to 12' windows,there are two provisions of the code from which this could be decided; it has to be clearly necessary for reasons of fairness or provide appropriate design pattern considering context. Cunniffe said the context standard would be more applicable as other structures have large windows. Cunniffe said there will not be an ADU on site so the total square footage will be less. Erspamer opened the public comment section. There were no comments. Erspamer closed the public comment section. Myrin stated he supports the request based on the design pattern of the neighborhood and that the ADU has request been withdrawn. Myrin moved to approve Resolution#19, Series of 2013,as written,deleting section 2 and modifying exhibit 16;seconded by Ms.Tygre. Gibb moved to extend the meeting to 7:20 p.m.;seconded by Erspamer. All in favor with the exception of Ms.Tygre. Motion carried. Weiss said he does not feel the design codes are applied evenly nor are they enforced. Roll call vote;Weiss, no;Gibbs,yes; Ms.Tygre,yes; Myrin,yes; Erspamer,yes. Motion carried. 7 r�snmunity Deveiopment 30 , S. Galena Street �.. ._..... tl,.P �I �--.:..,, _.-.-Equality -_....... :.... CO 81611 FOREVER ASPEN VALLEY LAND TRUST PO BOX 940 ASPEN, CO 81612 A!t.E!VF'�p'r O — ti 5 p T a`v e 3' Ld N,f-4 4 A_ A 'af 7°' "Ff X66 AF tai 0 u t CoMmunity Deveioprnen ..-„ 136 5, Galena Street CO Liberty Asper, C 81611 FOREVER TABATCHNICK LISA LEFTON 3250 MARY ST COCONUT GROVE, FL 331335272 i - :� -'L @1?az_ i��l€All i AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE AD 'SS OF PROPERTY: 1 (0 C) gEl—'? E�(JT-�-e7 C)�. ,Aspen, CO S HEDULED PUB IC HEARING DATE: 2015 STATE OF COLORADO ) } ss. County of Pitkin ) I, ��i f C[-U��Z�>\J �-�'�5�'�'S (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ✓ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing and was continuously visible from the day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public heaving. A copy of the oA,ners and governmental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However,the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Si e The f regoing "Affidavit of Notice" was acknowledged before me this day of , 20 t , by J_A,C LA E—VO -A. VASA ak?C H - WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE RE:1460 RED BUTTE DRIVE M commission ex ires: SPECIAL REVIEW AND ASSOCIATED LAND y p USE REVIEWS ` NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday,August 6,2013,at a meeting to begin at 4:30 p.m.before the Aspen Planning and Zoning Commission,in the Sister i0tary Public Cities meeting room,City Hall,130 S.Galena Street,Aspen,CO,to review the proposal submit- =the Stephen F.Brint Revocable Trust,c/o •°a••••.° Horn Inc.,215 S.Monarch St.,Suite 104, �0 •s° ••� Aspen,CO 81611,for the property commonly ° a� known as 1460 Red Butte Drive and legally de- ° scribed as Lot 3,Block 1,Red Butte Subdivision. ; LINDA M. ; Applicant seeks to demolish and replace the exist- ing single-family residence on the site.In order to MANNING seeks gain approval for the new residence,Applicant ' 0 seeks approval from the Planning and Zoning , Commission for Special Review,which is required X to memorialize and alternative top of slope(or set- TACE[MENTS AS APPLICABLE: �..,°• . back)from the Roaring Fork River.An associated �y Stream Margin Review is requested to permit de- CATION Wv velopment of the proposed residence in proximity to the river,certain Residential Design Standards EE POSTED NOTICE (SIGN) MY Commission Eises,0312912014 variances applicable to asingle-family residence mis are requested as well as AND GOVERNMENT AGENCIES NOTIED vari- ances from the accessory y dwelling Review for sari-dwelling unit design standards. LS For further information,contact Jennifer Phelan at the City of Aspen Community Development De- partment [CATION OF MINERAL ESTATE OWNERS NOTICE ,130 S.Galena St.,Aspen,CO,(970) 920.5090,Jennifer.Phelan@cityofaspen.com. S/LJ Erspamer;Chair Z.S. §24-65.5-103.3 Aspen Planning and Zoning Commission Published in the Aspen Times Weekly July 18, 2013.(9371370 AUG 6 2013 OF ASPEN "�:���sa�€ I'ly DE`s!�f 1 E! ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: T ��� '�C Aspen,CO SCHEDULED PUBLIC HEARING DATE: ,200 STATE OF COLORADO ) ss. County of Pitkin� ) I, �' ��n'� �—\O//--� (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: �G + 0 ot� C_ 4-1 Publication of n ce: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen(15) days prior to the public hearing. A copy of the publication is attached hereto. �osting of notice: By posting of notice, which form was obtained from the Community Development Department,which was made of suitable, waterproof materials,which was not less than twenty-two (22) inches wide and twenty-six(26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing and was continuously visible from the ')I day of , 200 11,to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. L,-'Mailing of notice. By the mailing of a notice obtained from the Community Development Department,which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen(15) days prior to the public hearing,notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred(300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty(60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However,the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing"Affidavit of Notice"was ackn �yledged before met s (0 day of A uu� u�1 ,204 3,by � e-R 1\ �C� �����Q�iR 4t it 0,..Alll�.I CI%ITNESS MY HAND AND OFFICIAL SEAL NOrq�� missi n expires: ?A �BUC 00... !D*otary Public LO ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE(SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL ri PUBLIC NOTICE RE: 1460 RED BUTTE DRIVE SPECIAL REVIEW AND ASSOCIATED LAND USE REVIEWS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday,August 6, 2013, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, in the Sister Cities meeting room, City Hall, 130 S. Galena Street,Aspen, CO, to review the proposal submitted by the Stephen F. Brint Revocable Trust, c/o Davis Horn Inc., 215 S. Monarch St., Suite 104, Aspen, CO 81611, for the property commonly known as 1460 Red Butte Drive and legally described as Lot 3, Block 1, Red Butte Subdivision. Applicant seeks to demolish and replace the existing single- family residence on the site. In order to gain approval for the new residence, Applicant seeks approval from the Planning and Zoning Commission for Special Review, which is required to memorialize and alternative top of slope (or setback) from the Roaring Fork River. An associated Stream Margin Review is requested to permit development of the proposed residence in proximity to the river, certain Residential Design Standards variances applicable to a single-family residence are requested as well as Special Review for variances from the accessory dwelling unit (ADU) design standards to connect the ADU to the main residence. For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 920.5090, Jennifer.Phelan@cityofaspen.com. S/LJ Erspamer, Chair Aspen Planning and Zoning Commission A, 1445 RED BUTTE LLC ASPEN VALLEY LAND TRUST BELLOCK CHUCK -1445 RED BUTTE DR PO BOX 940 2500 ARAPAHOE AVE#220 ASPEN, CO 81611 ASPEN, CO 81612 BOULDER, CO 80302 FISHER ROBIN FORTIER TIMOTHY J&LISA A KELLER ANNETTE S 3250 MARY ST 1465 RED BUTTE DR 1430 RED BUTTE DR MIAMI, FL 33133 ASPEN, CO 81611 ASPEN, CO 81611 LEFTON DONALD E TRUST MORRISON MADELEINE OGILVY JEANETTE 2665 S BAYSHORE DR#1206 2500 ARAPAHOE AVE#200 500 E PUTNAM AVE MIAMI, FL 33133 BOULDER, CO 80302 COS COB, CT 06807-2520 PITKIN COUNTY SACHDEVA SANDEEP S&THERESA A TABATCHNICK LISA LEFTON 530 E MAIN ST#302 5473 FIELDWOOD DR 3250 MARY ST ASPEN, CO 81611 HOUSTON, TX 77056 COCONUT GROVE, FL 331335272 b.r a3, 4 a 1 Vol s a. x a�s ` h ix�F L sv y � R � ��✓" 'x. }�. ,.. z: 'wt 1 tey �.-r' ••',♦j."� r ♦ iii ♦.. �� ., ., . •�i. �3 +��r � � l*' # _}( ` t'f ,.• r 1. ;_�,' _�� ' �. y`:Y qa ..� ',l,f 541 ''• �n IfN,• `:�-`��fir. ,�/�e�.,,��-. ,���.f3 .. � • _S T4 f 7�U '�' •� r Nii _� ,`y.� n Lei � __- - `• '�.f✓(' �♦�.i�.P+ v.4�,.` T i vt AH �„ >� R. �,r, a.,r�kt `yt ♦ � i�,�t' '�/t q.f t lY� 4:. - v� S �_� t r, �.,.�,, �.r;�,' � ><_ •�"CS SSA � ,_ ,,,.t._ - Y 1.�� � �, - � - _ �f'y;�'>> . ` tea• , ' i`� .. - .. rte.- •-�.Y- w+�Y-w • .. 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'�'i`L��}y�,�: r wi�k.�.' � i „�i�g r �� ��p`` ;�,.�r 7�1w �� :� i�r�'`ti:�,, t"sa•{" �y` -:�C�, °�. .;.'\ 13 „�,w, .�V� 1 Y V �. �(� .1• \, a .V'i �a r(y\ + \� •i 1�,� wr �iG•n\r�'�.���°i.r. j` t J• .,, :' ,L, '�t�; :i;•c�r .r _ . . - � � er .p ,.Nr1�Y ff 4 is•i\IS• Imo. 5 •d �y.- i m 0 0 z E I Wx I I , ! I 1 I I t ROARING FORK RIVER O P56 MEMORANDUM TO: Aspen P1aruling and Zoning Commission FROM: Jennifer Phelan,Deputy Planning Director RE: 1460 Red Butte Drive- Residential Design Standards Variances, Special Review, Stream Margin Review- Public Hearin DATE: August 6, 2013 APPLICANT/OWNER: Stephen F. Brint Revocable Trust REPRESENTATIVE: " Glenn Horn,Davis Horn Inc. .- LOCATION: 1460 Red Butte Drive `={ i CURRENT ZONING&USE Low -Density Residential (R-30) = with an existing residence z PROPOSED LAND USE: The applicant proposes to redevelop Subject property from Red Butte Drive the site with a new residence and an a accessory dwelling unit. SUMMARY: The Applicant is requesting four variances from the Residential Design Standards, a variance from the ADU design standard, confirmation of an alternative top of slope and Stream Margin Review approval. STAFF RECOMMENDATION: Staff recommends approval of two of the Residential Design Standards variances, denial of the ADU variance request, approval of the alternative top of slope and Stream Margin Review. Pagel of 7 P57 LAND USE REQUEST AND REVIEW PROCEDURE: The applicant is proposing to demolish the existing single family residence and construct a new single family residence and an accessory dwelling unit (ADU). The Applicant is requesting the following land use approvals to redevelop the site with a single-family residence, ADU and garage: • Special Review approval for an appeal to the top of slope.determination pursuant to L.U.C. Section 26.435.040 E., Special Review. The Applicant is requesting to memorialize an alternative top of slope (top of slope assists in demarcating where development may be located). • Stream Margin Review approval for development within 100 feet of the mean high water line of the Roaring Fork River or its tributaries (Castle Creek) pursuant to Land Use Code (L.U.C.) Chapter 26.435, Development in Environmentally Sensitive Areas. • Variance approval from the Residential Design Standards pursuant to L.U.C. Section 26.410.020 D., Variances. The applicant is requesting variances from standards related to Building Orientation, Parking Garages and Carports and Building Elements. • Special Review for variance approval from the ADU design standards pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses. The Applicant is requesting to attach the ADU to the primary residence. A development application for Stream Margin Review, Residential Design Standards variances, and Special Review shall be approved, approved with conditions, or denied after review and consideration during a duly noticed public hearing by the Planning and Zoning Commission. PROJECT SUMMARY: The subject property is located outside of the Aspen Infill Area just off of Cemetery Lane. The property contains an existing residence that is proposed to be demolished and a new residence with an ADU is proposed in its place. The applicant is requesting that an alternative top of slope be memorialized by the Planning and Zoning Commission allowing for the placement of the proposed residence closer to the Roaring.Fork River. As part of the review certain variances are requested in the design of the residence and accessory dwelling unit. SPECIAL REVIEW(FOR TOP OF SLOPE) Stream Margin Review requires that development be set back from the top of slope. Top of Slope is identified by a Stream Margin Map that was created for the city by a surveying company. An alternative top of slope may be proposed via Special Review. As shown in Exhibit D, the surveyed top of slope (shown in orange) is quite close to the rear of the existing building. An alternative top of slope was flagged in the field and verified by the Page 2 of 7 I P58 city's engineering department which moves the top of slope closer to the river but still outside the 100 year flood plain (shown in Exhibit 4 of the application). Staff supports the alternative as it is supported by the engineering department and development will still be able to meet the Stream Margin Review Standards. STREAM MARGIN REVIEW All development within 100 feet, measured horizontally, from the Roaring Fork River is required to meet standards outlined as Exhibit A. The purpose of the standards is to minimize the impact of development upon the river through a variety of standards that affect the location of development, grading, landscaping and drainage. Staff has found that all of the criteria are met or not applicable, if the alternative top of slope is approved. RESIDENTIAL DESIGN STANDARD VARIANCES: All residential development in the City of Aspen is required to meet certain Residential Design Standards or obtain a variance from the standards pursuant to Land Use Code Chapter 26.410, Residential Design Standards. The purpose of the standards "is to preserve established neighborhood scale and character....ensure that neighborhoods are public places....that each home...contribute to the streetscape." As a property located outside of the Aspen Infill Area, not all of the Residential Design Standards are applicable to the site. Of those standards that are applicable, variances from the following are requested. Staff has underlined the portion of the standard that is not met. 1) 26.410.040.A.1. Building orientation. The front facades of all principal structures shall be parallel to the street. On corner lots, both street facing facades must be parallel to the intersecting streets. On curvilinear streets, the front fagade of all structures shall be parallel to the tangent of the midpoint of the are of the street. Parcels as outlined in Subsection 26.410.010.B.4 shall be exempt from this requirement. 2) 26.410.040.C.2(e). Parking, garages and carports. The vehicular entrance width of a garage shall not be greater than twenty-four(24) feet. 3) 26.410.040.D.1(a). Building Elements. The entry door shall face the street and be no more than ten (10) feet back fiom the front most wall of the building. Entry doors shall not be taller than eight(8) feet. 4) 26.410.040.D.3(a). Building elements. Street-facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve (12) feet above the finished floor. For interior staircases, this measurement will be made fiom the first landing if one exists. A transom window above the main entry is exempt from this standard. No variance shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with either of the requirements set forth below: Page 3 of 7 P59 a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints 1460 Red Butte is in a residential neighborhood consisting of larger lots with a number of them along the Roaring Fork River as shown in Figure 1. 1470 Red 1440 Red Butte Butte Figure l: Vicinity Map The subject property does not -specific any unusual site constraints and is shown to contain 31,464 square feet of gross lot area. As staff does not believe there are unusual site constraints, the review criterion applicable to this site is related to •: neighborhood context. �,v tt 4, The neighborhood context is one d `' _ of single family residences, some r z zi . with accessory dwelling units. A site visit to the area confirmed that most of the residences contain oil varying degrees of landscaping that assist in screening the houses. F ; "'" `f 1430 Red Butte y 1420 Red Butte 1465 Red 1445 Red Butte Butte Page 4of7 o P60 Building Orientation: Staff finds that neighborhood context supports a variance to allow the proposed building orientation to be rotated slightly unparallel to the midpoint of the curvilinear street. The existing buildings do, to varying degrees, orient the front facades to the street but not all are parallel to the street. Staff finds that the proposed location of the house,being only a few degrees off, will still address the street which satisfies the purpose of the standard. Staff recommends that the Commission grant a variance from Standard 26.410.040.A.1. Garages: Staff finds that the standard related to garages, meets the criterion for a variance. The proposal locates the garage forward of the front fagade of the residence which is permitted based upon the size of the lot. The side loaded garage contains three bays, with one bay being offset from the other two. The particular standard under review notes that the entrance width of a garage or carport "shall not be greater than twenty-four (24) feet;" however, the neighborhood context does contain a number of 3 bay garages that do not meet the standard. The neighborhood context supports the provision of garage entry widths of a greater width than 24 feet. 1445, 1465 and 1470 Red Butte contain three car garages. Additionally, side-loaded garages minimize the mass of and visual impact of the parking. Staff recommends that the Commission approve the request for a variance from Standard 26.410.040.C.2(e). Figure 2: Red Butte Residences t� low - 1470 1440 1430 1420 :;„y 1445 1465 Building Elements. Staff does not support the request to locate the entry of the house more than ten feet from the front most wall of the building. The intent of this design standard is to provide a clear and visible entryway to the residential unit, to provide a front entryway that is prominent, and to create an element of uniformity among residential dwellings. Staff finds the proposal to not meet the intent of the residential design standard. Staff finds that the criteria for granting a variance are not met and recommends that the Commission deny Page 5 of 7 P61 • Building elements. Staff finds that the neighborhood content does not support the applicant's request to allow street-facing windows to span through the area where a second floor level would typically exist, which is between nine (9) and twelve (12) feet'above the finished floor as prohibited by standard 26.410.040.D.3(a). The pictures shown above provide the context of the neighborhood. SPECIAL REVIEW(FOR AN ADU) All ADUs and carriage houses are required to meet a minimum number of design standards such as a minimum size, parking, storage availability and kitchen design. One of the standards is to have the ADU detached from the primary residence. The applicant is requesting, via Special Review, to be granted a variance from this standard. The purpose of the Accessory Dwelling Unit (ADU) program is to provide "viable housing opportunities for working residents." Additionally, "detached ADUS and carriage houses emulate a historic development pattern and maximize the privacy and livability of both the ADU and the primary unit. Detached ADUS and carriage houses are more likely to be occupied by a local working resident, furthering a community goal of housing the workforce." Providing an attached ADU does not provide for a subordinate, private unit which is the intent of the design standards associated with ADUs, rather the ADU is encompassed by the primary residence via the proposed design. In requesting to provide an attached ADU, staff does not find the criteria met and recommends denial of the request. STAFF RECOMMENDATION: In reviewing the proposal, Staff believes that the alternative top of slope, which is supported by the Engineering department, meets the standards of Special Review and should be approved, likewise staff supports approval of the Stream Margin Review. Regarding the request for Residential Design Standards variances, staff finds that the requests for Building Orientation and Garages variances satisfies criteria `a' of Land Use Code Section 26.410.020.1), Variances, and recommends approval for the two residential design standards variances. Staff finds that the request for two variances from Building Elements does not meet the variance review standards that are set forth in Land Use Code Section 26.410.020 D, Variances related to Building Elements specifically Sections 26.410.040.D.1(a) and 26.410.040.D.3(a), related to maximum distance of the entry door from the front most face of a building and the prohibition of windows between 9 and twelve feet. Staff recommends denial of the request. Staff does not support the request to attach the ADU to the primary residence via Special Review. RECOMMENDED MOTION: The resolution has been written approving all of the Applicant's requests. If staff's recommendation is supported the following motion should be made: Page 6 of 7 P62 "I move to approve Resolution No. , Series of 2013 with the following amendments: Sections 1C and 1D, Building Elements as well as Section 2, Special Review(for an accessory dwelling unit) be deleted from the resolution." ATTACHMENTS Exhibit A—Stream Margin Review Criteria Exhibit B—Residential Design Standards Variances Exhibit C - Special Review(for an ADU) Exhibit D—Special Review(for Top of Slope) Exhibit E— City Stream Margin Map, Top of Slope Exhibit F—Proposed Floor Plans Exhibit G—Parks Department referral Exhibit H- Application Page 7 of 7 P63 Resolution No. (SERIES OF 2013) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING RESIDENTIAL DESIGN STANDARDS VARIANCES, SPECIAL REVIEWS AND STREAM MARGIN REVIEW AT 1460 RED BUTTE DRIVE, LEGALLY DESCRIBED AS LOT 3, BLOCK 1, RED BUTTE SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273501302002 WHEREAS, the Community Development Department received an application from Davis Horn Inc., on behalf of Stephen F. Brint Revocable Trust requesting Variance approval of four Residential Design Standards, Special Review for a variance for an accessory dwelling unit, Special Review to determine and alternative top of slope, and Stream Margin Review for a new single family home located at 1460 Red Butte Drive; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended approval of two of the four Variance requests, denial of the Special Review for the accessory dwelling unit, approval of Special Review for an alternative top of slope and approval for Stream Margin Review; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recormnendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on August 6, 2013; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meet either applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS,the Planning and Zoning Commission approves the requests; and WHEREAS,the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Residential Design Standards Variances Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Plam-iing and Zoning Commission hereby approves a variance application from the following Residential Design Standards that are underlined, as represented in the application presented before the commission and included as an exhibit to this resolution: P64 A. 26 410.040.A.1. Building orientation. The front facades of all principal structures shall be parallel to the street. On corner lots, both street facing facades must be parallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint of the are of the street. Parcels as outlined in Subsection 26.410.010.13.4 shall be exempt from this requirement. B. 26.410.040.C.2(e). Parking, garages and carports. The vehicular entrance width of a garage shall not be greater than twenty-four (24) feet. C. 26.410.040.D.](a). Building Elements. The entry door shall face the street and be no more than ten (10) feet back from the front most wall of the building. Entry doors shall not be taller than eight (8) feet. D. 26.410.040.D.3(a). Building elements. Street-facing windows shall not span through 1 the area where a second floor level would typically exist, which is between nine (9) and twelve (12) feet above the finished floor. For interior staircases, this measurement will be made from the first landing if one exists. A transom window above the main entry is exempt from this standard. Section 2: Special Review(for an accessory dwelling unit) Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a variance application via Special Review from the following design standard which allows the accessory dwelling unit to be attached to the primary residence, as represented in the application presented before the commission and underlined below: A. 26.520.050 5. The ADU or carriage house shall be detached from the primary residence. An ADU or carriage house located above a detached garage or storage area shall qualify as a detached ADU or carriage house. No other connections to the primary residence or portions thereof, shall qualify the ADU or carriage house as detached. Section 3: Special Review (for top of slope) Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves an alternative top of slope request via Special Review. Section 4: Stream Margin Review Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Stream Margin Review for the project as represented in the application presented before the commission. Section 5: Plat The Applicant shall record a site improvement plat that meets the requirements of Land Use Code section 26.435.040 F., Building permit submittal requirements prior to submittal of a building permit. As approved by the Commission, the plat will delineate a 15 feet setback from P65 the top of slope as the building envelope for any development in lieu of a minimum rear yard setback. All other setbacks are subject to the requirements of the underlying zone district. Section 4: Building Permit Application The building permit application shall include the following: A. A copy of the final Planning and Zoning Commission resolution. B. The conditions of approval printed on the cover page of the building permit set. C. A completed tap permit for service with the Aspen Consolidated Sanitation District. D. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which meets adopted City standards. E. An excavation stabilization plan, construction management plan (CMP), and drainage and soils reports pursuant to the Building Department's requirements. F. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. G. A detailed excavation plan for review and approval by the City Engineer. H. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 5: Parks A. Tree Protection 1) A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. As referenced in Chapter 13.20 2) No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920- 5120) before any construction activities are to commence. As referenced in Chapter 13.20 3) Any access across or through the area of protection is prohibited at all times B. Tree Permit 1) If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the P66 drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building pei7nits. If a permit is necessary, contact the City Forester at 920-5120. Mitigation for removals will be paid on site or cash in lieu per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal pellnit based on the landscape estimates. 2) The permit should include the trees which will have impacts from excavation and building under the drip line of the trees. The site plan shows several trees proposed to remain with significant impacts adjacent to or around the trees. The permit shall include a detail of the impacts, which include but are not limited too; depth of excavation, distance from trunks, height of impacts, etc. Approval of the tree permit is contingent on review and approval of the drip line impacts. C. Stream Margin Improvements/landscaping 1) The landscape plan has to be approved by the City of Aspen Parks Department. Any landscape treatments within the 15 foot setback are required to be native vegetation only. A site visit held on June 25, 2013 determined that the area below the top of slope is in good condition additional landscaped or re-vegetation within the 15 foot setback is prohibited. 2) During a site visit held on June 25, 2013, Staff identified several landscape treatments which are prohibited by the stream margin code 26.435.040. Staff identified several trees which were purposefully damaged and poorly trimmed. These landscape practices are not approved within the stream margin. D. Miscellaneous 1) How and where utility connections are made is a major concern relative to impact on the existing trees and areas of protection. Please detail these connections with the existing vegetation overlaid for building permit review. 2) Grading or slope changes outside of building envelope is prohibited, 26.435.040. 3) A top of slope protection fence is required at the 15 foot setback of the top of slope. Section 6: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant design shall also be compliant with the Urban Runoff Management Plan. Section 7: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met per building permit. P67 Section 8: Utilities The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Section 9: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, at the time of construction, which are on file at the District office. All ACSD fees must be paid prior to the issuance of a building permit. Section 10: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 11: Impact Fees and School Lands Dedication Fee-in-Lieu The Applicant shall pay all impact fees and the school lands dedication fee-in-lieu assessed at the time of building perrnit application submittal and paid at building permit issuance. Section 12: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 13• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,and the same shall be conducted and concluded under such prior ordinances. Section 14: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its meeting on August 6, 2013. APPROVED AS TO FORM: Planning and Zoning Commission: Debbie Quinn,Assistant City Attorney Li Erspamer, Chair P68 ATTEST: Reed Patterson, Deputy City Clerk Attachments: Exhibit 1: Approved site plan, elevations Exhibit 2: Alternative top of slope plan I 7- �\ LZ r Ll 0 n I __ 7s�rws�a� w ti _= - _ L Ll _ _ ILJ i - _ ISSUE OAiE _� J00.1'0.IN1 SITS PLAN A1.2 c0 r 4 7T o Q Q o � Q Q QQ i i i i I i i i I O i i I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I IJ I ! 0 1 I I I I ! 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GRIP OlµE-cX=') /f (i P CONIFER/TR0=DECIDUOUS) / APR N� a' fJ. =,)1_ / 1)?.9'X 10'Pr.P 21)10'X'0'T P 41)S.J"X IS TREE \ \ , " I i �\ SPIy 2)9.5"X zD'FRP zz)m'x zD'TRP azJ Ina J)92'X 19'TRP zs)lo'x 20'IP 4J)eJ'x USTREE �\ a .. 1�,. /� WOOD DE LK�. ”/v�a4tC_/ rye. � 4)5'X f0'-RP 24)6'X 12'TRP ABOVE \1 C\c 5) 9"x 20'IRF 25)VX 20' @: 6)i1-x 22'mp 26)7-X 14'7P •'F �/VCp J� \ /7 _ pF 7)5.1'x 70'MP 27)u%28'TRP 47)6'x 7 RO!ECT BENCHMARK i� :r 6q-lS 9)122'X 24'TRO 23)d%I6'iP.P 46f Ta% 'LE'.-7705.74' / 1 L � U _ _� 9)IJ 2"X 26'I-D 29)5"X 10'TRP FOUND.'.S REBAR / ,f.6 L- / f 4; - �� / / :Q�' 10)6%12'1RP 30)21"X s0'1-it0 &ALUMINUM CAP LS R23 S /'f '•-`'T4 f:h J-[ % ,i' / �'S J If)5%10'TRP .',1)a"X 16'— 51)12.5 12)9"X 19'1RP 32)4'X a''RD 7 13) X 10'TRP JJ)10'X 20'iR0 53)55 14)15-X 30'iRD 39)8%]6'iAD Sa)75 ----------- -X IV TRP 35)11'X 2-1'-RP 55)6.j' /oS / 15)5'X ID'TRP J6)IO.fi X 10'RO '+� / LOT 4 17)11 t2'1 1 n)Tx la'TRP 57)Is"x 4':L• ('1 ,�, 1�� , I / / 18)4"x b'MP JE)iz.J'x 24'iRO' -X 14'ARP J9)10-X 20'TPO �� # z0)3'x IS' P +o)10.5'x '2i zD'Rr P IRON PIPE E 7 A6LP NT CHORD BEARING DELTA 547'3559"E 13180' IRON �a/ SOPRIS ENGINEERING LLC CIVIL CONSULTANTS S02 MAIN STREET,SUITE A3 CARBONDALE,COLORADO 81623 (970)704-0311 SOPRISENG @SOPRISEAIG.COM P 7 3 Exhibit A C. Stream margin review standards. No development shall be permitted within the stream margin of the Roaring Fork River unless the Community Development Director makes a detennination that the proposed development complies with all requirements set forth below: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; and Staff Finding: As shown in the application, the proposed location of the residence is outside the flood hazard area (or 100 year flood plain). Due to the location of the house, away from the flood plain and at a higher elevation than the flood plain, it will not be affected by the proposed development. Staff finds this criterion met. 2. The adopted regulatory plans of the Open Space and Trails Board and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" and Staff Finding: The Roaring Fork River Greenway Plan does not show any trail development along this property and, as noted in the application, the city cannot require that a fisherman's easement be granted by the applicant. Staff finds this criterion met. 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Subsection 26.435.040.F.1; and Staff Finding: Staff is recommending that a building envelope be developed for the rear setback that should mimic the 15' setback from the alternative top of slope and that minimum side yard setbacks of the underlying zone district be the requirement for the side yards. A draft plat has been included, and with a few edits, can be recorded per the land use code. Staff finds this criterion met. 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel P74 to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and Staff Finding: Any permit issued will have constraints on construction techniques and will be reviewed under the urban runoff management plan to ensure protection of the river during and after construction. Staff finds this criterion met. 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course and a copy of said notice is submitted to the Federal Emergency Management Agency; and Staff Finding: No alteration to the river is proposed. Staff finds this criterion is not applicable. 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer- and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and Staff Finding: No alteration to the river is proposed. Staff finds this criterion is not applicable. 7. Copies are provided of all necessary federal and state permits relating to work within the 100-year flood plain; and Staff Finding: No work is proposed within the floodplain. Staff finds this criterion is not applicable. 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. New plantings (including trees, shrubs, flowers and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100-year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department; and Staff Finding: As represented in the application, the applicant is committing to only native vegetation being planted within 15 feet of the top of slope and this requirement will be memorialized in the resolution. Staff finds this criterion met. 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 as shown in Figure "A"; and P75 0 dy .. /7 t rAQtR �ItiM! nlc lQlff� r i i3v Staff Finding: As shown in Attachment 5 of the application submitted to the city, the two site sections show that the building will meet the progressive height limit measured from the top of slope. Staff finds this criterion met. 10. 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. A lighting plan will be submitted with all development applications; and Staff Finding: The applicant will need to meet the outdoor lighting standards of the city at building permit. Staff finds this criterion met. 11, There has been accurate identification of wetlands and riparian zones. Staff Finding: A wetlands report was completed by Beach Environmental that identifies areas of wetlands that are outside of the development area being proposed by the applicant. Staff finds this criterion met. P76 Exhibit B 2. Variances from the Residential Design Standards, Section 26.410.040, which do not meet this Section may be granted by the Planning and Zoning Commission, the Board of Adjustment or the Historic Preservation Commission, if the -project is subject to the requirements of Chapter 26.415. An applicant who desires to consolidate other requisite land use review by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate and the deciding board shall find that the variance, if granted would: a) Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. All residential development in the City of Aspen is required to meet certain Residential Design Standards or obtain a variance from the Standards pursuant to Land Use Code Chapter 26.410, Residential Design Standards. The purpose of the Standards "is to preserve established neighborhood scale and character....ensure that neighborhoods are public places....that each home...contribute to the streetscape." As a property located outside of the Aspen Infill Area, not all of the residential design standards are applicable to the site. Variances from the following are requested. Staff has underlined the portion of the standard that is not met. 1) 26410.040.A.L Building orientation. The front facades of all principal structures shall be parallel to the street. On corner lots, both street facing facades must be parallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. Parcels as outlined in Subsection 26.410.010.13.4 shall be exempt from this requirement. Staff Finding: Staff finds that neighborhood context supports a variance to allow the proposed building orientation to be rotated slightly unparallel to the midpoint of the curvilinear street. The existing buildings do, to varying degrees, orient the front facades to the street but not all are parallel to the street. Staff finds that the proposed location of the house, being only a few degrees off, will still address the street which satisfies the purpose of the standard. Staff recommends that the Commission grant a variance from Standard 26.410.040.A.1. 2) 26.410.040.C.2(e). Parking, garages and carports. The vehicular entrance width of a garage shall not be greater than twenty-four(24) feet. P77 Staff Finding Staff finds that the standard related to garages, meets the criterion for a variance. The proposal locates the garage forward of the front fagade of the residence which is permitted based upon the size of the lot. The side loaded garage contains three bays,with one bay being offset from the other two. The particular standard under review notes that the entrance width of a garage or carport "shall not be greater than twenty-four (24) feet;" however, the neighborhood context does contain a number of 3 bay garages that do not meet the standard. The neighborhood context supports the provision of garage entry widths of a greater width than 24 feet. 1445, 1465 and 1470 Red Butte contain three car garages. Additionally, side-loaded garages minimize the mass of and visual impact of the parking. Staff recommends that the Commission approve the request for a variance from Standard 26.410.040.C.2(e). 3) 26410.040.D.1(a). Building Elements. The entry door shall face the street and be no more than ten (10) feet back from the front most wall of the building_ Entry doors shall not be taller than eight (8) feet. Staff Finding: Staff does not support the request to locate the entry of the house more than ten feet from the front most wall of the building. The intent of this design standard is to provide a clear and visible entryway to the residential unit, to provide a front entryway that is prominent, and to create an element of uniformity among residential dwellings. Staff finds the proposal to not meet the intent of the residential design standard. Staff finds that the criteria for rg anting a variance are not met and recommends that the Commission deny the request to vary standard 26.410.040.D.1(a) by having the entry door further back than ten feet from the front most face of the building. 4) 26410.040.D.3(a). Building elements. Street-facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve 0 2) feet above the finished floor. For interior staircases, this measurement will be made from the first landing if one exists. A transom window above the main entry is exempt from this standard. Staff Finding: Staff finds that the neighborhood content does not support the applicant's request to allow street-facing windows to span through the area where a second floor level would typically exist, which is between nine (9) and twelve (12) feet above the finished floor as prohibited by standard 26.410.040.D.3(a). P78 Exhibit C A. Special review. An application requesting a variance from the ADU and carriage house design standards or an appeal of a detennination made by the Community Development Director, shall be processed as a special review in accordance with the common development review procedures set forth in Chapter 26.304. The special review shall be considered at a public hearing for which notice has been posted and mailed, pursuant to Subparagraphs 26.304.060.E.3.(a), (b and c). Review is by the Plamiing and Zoning Commission. If the property is an historic landmark, on the Inventory of Historic .Sites and Structures or within an Historic Overlay District and the application has been authorized for consolidation pursuant to Chapter 26.304, the Historic Preservation Commission shall consider the special review. A Special Review for an ADU or Carriage House may be approved, approved with conditions or denied based on conformance with the following criteria: 1. The proposed ADU or carriage house is designed in a manner which promotes the purpose of the ADU and carriage house program, promotes the purpose of the Zone District in which it is proposed and promotes the unit's general livability. Staff Finding: The purpose of the Accessory Dwelling Unit (ADU) program is to provide "viable housing opportunities for working residents." Additionally, "detached ADUS and carriage houses emulate a historic development pattern and maximize the privacy and livability of both the ADU and the primary unit. Detached ADUS and carriage houses are more likely to be occupied by a local working resident, furthering a community goal of housing the workforce." In requesting to provide an attached ADU, staff does not find this criterion met. 2. The proposed ADU or carriage house 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. Staff Finding: Providing an attached ADU does not provide for a subordinate, private unit which is the intent of the design standards associated with ADUs, rather the ADU is encompassed by the primary residence via the proposed design. Staff does not find this criterion met. 3. The proposed ADU or carriage house 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. Staff Finding: The neighborhood contains single-family homes, some with accessory structures and ADUs in separate buildings. Staff does not find that incorporating the ADU into the residence assists in the ADU operating as a separate, livable unit. Newer development in P79 the neighborhood has, when providing an ADU, developed a separate unit. Staff finds this criterion is not met. P80 Exhibit D E. Special review. An application requesting a variance from the stream margin review standards or an appeal of the Stream Margin Map's top of slope determination, shall be processed as a special review in accordance with common development review procedure set forth in Chapter 26.304. The special review shall be considered at a public hearing for which notice has been published, posted and mailed, pursuant to Subsection 26.304.060.E.3 Paragraphs a, b and c. Review is by the Planning and Zoning Commission. A special review from the stream margin review determination may be approved, approved with conditions or denied based on conformance with the following review criteria: 1. An authorized survey from a Colorado professionally licensed surveyor shows a different determination in regards to the top of slope and 100-year flood plain than the Stream Margin Map located in the Community Development Department and filed in the City Engineering Department; and Staff Finding: A surveyor has identified an alternative top of slope compared to the Stream Margin Map. The proposed alternative has been field verified by the Engineering department as an appropriate alternative. Staff finds this criterion met. 2. The proposed development meets the stream margin review standard(s) upon which the Community Development Director had based the finding of denial. Staff Finding: As outlined in Exhibit A, using the alternative Top of Slope, the proposal meets all stream margin review standards. Staff finds this criterion met. 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BEDROOMI I ® ® ® U W I H ........... of --'- -'-'---'--'---'--'--'-'------- --'-'----'--'-'---`mod` W w LL _ L1 � Z Z o SECTION-TRANS.LIVING C 2 w ��H) i i I i i i i i I i i i i i I i i i i .-.-._.-._.-.-.-._.-.-!-'-'---L-'-'--'-iaz� LLI I U W w LLLI ° i ° ly o M PANTRY OFFICE M.CLOSET M BATH =U LLI m 0 ® � F- HE N STAIR m Q W of NECHANICAL LAUNDRY L .VE TBULE ENTRY Q D DRAWING: ISSUE: DATE: _._._.-. ---.-----.-----------.-.- _._._._.......---------.-.--- -------------.-._ o OB NO,1]03 SHEET NO. � SECTION-LONG.STAIR A4.� co CL P90 Memorandum Date: June 25, 2013 To: Jennifer Phelan, City of Aspen Planning From: Brian Flynn, Parks Department Re: 1460 Red Butte ---------------------------------------------=--------------------------------------------------------------- A) Tree Protection: 1) A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines.A formal plan indicating the location of the tree protection will be required for the bldg permit set.As referenced in Chapter 13.20 2) No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. As referenced in Chapter 13.20 3) Any access across or through the area of protection,is prohibited at all times B) Tree Permit: 1) If a tree(s) is requested for removal,the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip., line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. If a permit is necessary, contact the City Forester at 920- 5120. Mitigation for removals will be paid on site or cash in lieu per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. 2) The permit should include the trees which will have impacts from excavation and building under the drip line of the trees. The site plan shows several trees proposed to remain with significant impacts adjacent to or around the trees. The permit shall include a detail of the impacts,which include but are not limited too; depth of excavation, distance from trunks, height of impacts, etc. Approval of the tree permit is contingent on review and approval of the drip line impacts. low- P91 C) Stream Margin Improvements/landscaping: 1) The landscape plan has to be approved by the City of Aspen Parks Department. Any landscape treatments within the 15 foot setback are required to be native vegetation only. A site visit held on June 25, 2013 determined that the area below the top of slope is in good condition additional landscaped or re-vegetation within the 15 foot setback is prohibited. 2) During a site visit held on June 25, 2013, Staff identified several landscape treatments which are prohibited by the stream margin code 26.435.040. Staff identified several trees which were purposefully damaged and poorly trimmed. These landscape practices are not approved within the stream margin. D) Utility Connections: 1) How and where utility connections are made is a major concern relative to impact on the . existing trees and areas of protection. Please detail these connections with the existing vegetation overlaid for review. 2) Grading or slope changes outside of building envelope is prohibited, 26.435.040. Notes A top of slope protection fence is strongly recommended, preferred at the 15 foot setback if possible. The plan should account for storm water and bio retention possibly conflicting with existing vegetation. Impacts for the installation of these features will not be approved under the drip line of existing trees or outside of the designated building envelope. Staff would like to understand the need for the privacy wall. The existing landscaping and neighbor's fence provide some level of privacy and the design of the wall could have negative impacts to the existing vegetation. Throughout the property there are several noxious weeds listed on the Colorado Noxious Weed Act directory and should be treated accordingly. Plat"General Notes" #4 should include the note, ".......with review and approval of the Parks Department." ' II1C. R)thavry PLANNING & REAL ESTATE CONSULTING June 12,2013 Sara Nadolny City of Aspen Community Development Department 130 South Galena Street Aspen,Colorado 81611 Re: Stream Margin Review for 1460 Red Drive, Lot 3, Block 1 Red Butte Subdivision, Parcel ID#2735 013 02 012 Dear Sara: The Stephen F. Brint Revocable Trust ("Applicant") owns Lot 3, Block 1 Red Butte Subdivision which is improved with a single family dwelling unit which was built in 1968. The Applicant is represented in this land use application by Davis Horn Incorporated. The Applicant is seeking Stream Margin Review approval to redevelop the property with a new single family dwelling unit. This land use application includes the following three sections: 1. Existing Conditions; 2. Proposed Development; and 3. Land Use Approvals. Charles Cunniffe Architects has prepared the architectural and site plan the property. The following is an index of the Attachments which are referenced in the land use application. 1. Vicinity Map 2. Improvement Survey Plat 3. March 11, 2013 Letter from Gary Beach of Beach Environmental LLC 4. 1460 Red Butte Drive: Steam Margin Review Site Plan 5. Red Butte Residence: Site Sections 6. The Roaring Fork Green Way Plan: Trails Plan 7. Pre Application Conference Summary Sheet 8. June 7, 2013 Letter from Stephen Brint Authorizing Davis Horn Incorporated to submit a land use application for 1460 Red Butte Drive; 9. Title Commitment and Deed 10. Fee Agreement; 11. Land Use Application Forms; and 12. List of Property Owners within 300 Feet. Existing Conditions As shown on Attachment 1,Vicinity Map,the lot is located on the north side of Red Butte Drive on the south bank of the Roaring Fork River. The lot is zoned R-30. As previously noted, the house was built in 1968. Sopris Engineering has prepared an Improvement Survey Plat(see Attachments 2). Attachment 2 shows the lot, house, easements, land under water, top of the bank and the Federal Emergency ALICE DAVIS AICP S 1 GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN,COLORADO 81611 • 970/925-6587 • FAX:970/925-5180 adavis @rof.net ghorn @rof.net Management Agency("FEMA") 100 year floodplain line. The lot is 31,434 +/- square feet of land. Gary Beach, MSEE, CES, RWS of Beach Environmental LLC delineated the wetlands. The delineated wetlands on Attachment 4, the 1460 Red Butte Drive: Stream Margin Review Plan. Attachment 5 is a letter prepared by March 11, 2013 letter from Gary entitled"1460 Red Butte, Aspen—Wetland, Riparian & Stream Margin Evaluation." Project Description The Applicant is proposing to develop a two story house as depicted on the Site Plan and Site Sections (Attachment 4 and 5). The Site Plan depicts the footprint of the proposed residence, Roaring Fork River high water line, top of the slope, limit of the 100 year floodplain, and the 15 foot setback from the top of the slope. The conceptual land use plan is depicted on Attachment 4, the Site Plan. Land Use Approvals The Applicant is seeking the Environmentally Sensitive Areas - Stream Margin Review(Section 26.435.040)and Special Review for to establish the top of the Castle Creek"Top of Slope." The Stream Margin Review standards, Special Review for the Top of the Slope and Environmentally Sensitive Area minimum plan contents for Stream Margin Review (Section 26.435.080 C.2.) are addressed in this section of the land use application. Stream Margin Review Section 26.435.040 C. The Stream Margin Review Standards appear in bold followed by the Applicant's responses. 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; As depicted by Attachment 4, 1460 Red Butte Drive: Steam Margin Review Site Plan, the proposed house is located outside of the Special Flood Hazard Area. Therefore, the proposed development will not increase the base flood elevation on the parcel. Refer to Attachment 4, which depicts two site sections cut through the proposed house. Site Section A is cut through the west(downstream) side of the house and Site Section B is cut through the east(upstream) side of the house. Site Sections A and B show the 100 year floodplain elevation is at 7,696' and the base floor elevation of the house is 7,702.' 2. The adopted regulatory plans of the Open Space and Trails Board and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a 2 recorded "Fisherman's Easement;" The recently adopted 2012 Aspen Area Community Plan: Parks, Recreation, Open Space & Trails Policies section policy IV.1 is the only policy which is partially applicable to the subject site. This policy calls states: "Acquire, improve and develop trail connections throughout the Aspen Area." The Rio Grande Trail has been developed on the north side of the River as proposed in the Roaring Fork Greenway the Plan (see Attachment 6). A review of the Roaring Fork Greenway Plan and Site Plan (Attachment 4) shows the proposed house and landscaping plan has been developed based upon the concepts which are addressed in the 1973 Roaring Fork Greenway Plan. The Roaring Fork Greenway Plan has been used as a guide in preparing the planting plan. The subject lot has been developed with a single family dwelling house since 1968. The existing house will be replaced with a new single family. There will not be any additional fishing pressure on Castle Creek as a result of the proposed development. Therefore, there is no legal basis for the City of Aspen to require the dedication of a fishing easement within the Castle Creek water course. The Applicant will not dedicate a fishing easement. 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Subsection 26.435.040.F.1; Refer to Attachments 4 which depicts the proposed building envelope. The northeast side of the building envelope is determined by the 15' setback from the top of the slope. The building envelope on the front and sides of the house extends to the lot lines, however the house will be sited outside the yard setback lines. 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; The proposed development will be reviewed as part of the building permit submission for compliance with the City of Aspen Urban Runoff Management Plan. Best Management Practices shall be followed during construction to insure there are effective erosion and/or sedimentation controls to protect Castle Creek. Pools and hot tubs will not be drained outside of the building envelope designated on Attachment 4. 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course and a copy of said notice is submitted to the Federal Emergency Management Agency; The Applicant is not proposing any alteration or relocation of the Roaring Fork River water course. 3 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; The Applicant will guarantee that the water course will not be altered. The guarantee will be in a form mutually acceptable to the Applicant and the City Attorney. 7. Copies are provided of all necessary federal and state permits relating to work within the 100-year flood plain; The Applicant is not proposing any work within the 100 year flood plain. 8. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) fee_t 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. New plantings (including trees, shrubs, flowers and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100-year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department; Attachment 4, Site Plan, shows only native vegetation is proposed within 15 feet of the top of the slope. Planting is depicted on the Site Plan. The Applicant reviewed the City of Aspen Stream Margin Map located in the Community Development Department and the Map showed the top of the slope was not mapped accurately for this property. The Map depicted the top of the slope just to the northeast of the existing house. On October 23, 2012 Trish Aragon and Josh Rice, of the City of Aspen Engineering Department and Glenn Horn visited the site and marked the top of slope of the Roaring Fork River with survey flagging. The same week Sopris Engineering located and mapped the flagging as depicted on Attachments 4. 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 as shown in Figure "A"; and tf+.. r.vw . .,• X, Fts!uPV "a" The proposed house has been designed to comply with this standard. Refer to Attachment 5 which depicts conceptual house elevations and Attachments demonstrates the proposed house is designed to comply with the 45 degree angle from the ground level at the top of the slope. 4 10. 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.A lighting plan will be submitted with all development applications; As noted on Attachment 4, Site Plan, all exterior lighting shall directed away from the Roaring Fork River and shall comply with Section 26.575.150. 11.There has been accurate identification of wetlands and riparian zones. Refer to Attachment 5, aMa ch 11, 2013 Letter from Gary Beach of Beach Environmental LLC, which addresses wetland and riparian areas on the lot. The wetland and riparian areas delineated by Gary are a mapped on Attachment 4. Stream Margin Review Special Review 26.435.040 C. As previously noted, the City of Aspen mapping of the Castle Creek top of the slope shows the top of the slope being located on northeast side of the existing house which is not accurate. Consequently, the Applicant is seeking Special Review approval to establish the top of the slope on a site specific basis. The Code standards for the Special Review appear below in bold followed by the Applicant's responses. E. Special review. An application requesting a variance from the stream margin review standards or an appeal of the Stream Margin Map's top of slope determination, shall be processed as a special review in accordance with common development review procedure set forth in Chapter 26.304. The special review shall be considered at a public hearing for which notice has been published, posted and mailed, pursuant to Subsection 26.304.060.E.3 Paragraphs a,b and c.Review is by the Planning and Zoning Commission. A special review from the stream margin review determination may be approved, approved with conditions or denied based on conformance with the following review criteria: L An authorized survey from a Colorado professionally licensed surveyor shows a different determination in regards to the top of slope and 100-year flood plain than the Stream Margin Map located in the Community Development Department and filed in the City Engineering Department; and 2. The proposed development meets the stream margin review standard(s)upon which the Community Development Director had based the finding of denial. As previously noted Trish Aragon and Josh Rice of the City of Aspen Engineering Department, visited the site on October 23, 2012 with Glenn Horn and set flagging to mark the Roaring Fork River top of the slope. Sopris Engineering mapped the flags as depicted on Attachment 4. The mapping of the 100 year flood plain is based upon the current FEMA mapping. Environmentally Sensitive Area minimum plan contents for Stream Margin Review (Section 26.435.080 C.2.) 5 The minimum plan contents for Stream Margin review appear in bold followed by the Applicant's responses. 2. For development subject to stream margin review,the plan shall depict: a. The 100-year floodplain line and the high water line. See Attachments 4. b. Existing and proposed grades at two-foot contours,with five-foot intervals for grades over ten (10) percent. Refer to Attachment 2,Improvement Survey Plat: Slope Analysis. There will be minimal changes to existing grades on the property. A detailed grading plan will be submitted with the building permit application. c. When development is proposed in a special Flood Hazard Area: Accurate elevations (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; a verification and recordation of the actual elevation in relation to mean sea level to which any structure is constructed; a demonstration that all new construction or substantial improvements will be anchored to prevent flotation, collapse or lateral movement of any structure to be constructed or improved; a demonstration that the structure will have the lowest floor,including basement,elevated to at least two (2) feet above the base flood elevation, all as certified by a registered professional engineer or architect. This Code requirement is not applicable because the house is not proposed to be located within the Flood Hazard Area. d. A description of proposed construction techniques to be used. The section describes construction techniques which are being proposed by the architect. Site The proposed building envelope will be fenced off with construction fencing utilizing a 2' offset from building envelope line. Overdig shall be kept to the minimum allowed by the soils engineer. Trees slated for removal, if any, will be tagged. Tree removal would be accomplished before excavation commences. All other trees would be fenced at the drip line of the tree. All excavation would be accomplished using medium sized excavators working from the Red Butter Drive side of the property. All permits relating to tree mitigation, site drainage, and a construction management plan for the site will be submitted at permit submittal as required by the City of Aspen. Foundation The foundation will be constructed using accepted construction practices used for residential 6 projects of this scope and scale in this sensitive geographic area. The site will be excavated using trench excavations to the foundation depth required by the structural engineer, usually 42" to 48" below finished grade. Grade in the areas in the building footprint not under the foundation walls will be excavated to a level Y below the bottom of the main level floor system, creating a crawlspace. The lowest level of the residence will be at least two feet above the FEMA high water flood line per the City of Aspen land use code. The crawlspace will not be constructed as a watertight enclosure. In the event of a high runoff year, water will be allowed to infiltrate the crawlspace and then leach out through the existing ground as the water recedes. There would be a sump system at the low point of the crawlspace to pump the water out of the crawlspace into a detention tank. This method of construction minimizes excavation and disturbance to the site and as opposed to building a completely watertight crawlspace. This construction methodology is contingent on review and approval of the soils report from the geotechnical engineer and civil engineer. This methodology has been used before in this area with success to minimize site disturbance. House structure The structure of the house above the foundations will be constructed of a steel and wood frame system. The majority of the house will be constructed with dimensional and engineered wood members with steel members used where spans exceed the capacity of the wood members. The steel frame will be tied directly to the concrete frame where applicable. The setting of any steel elements would be accomplished by a crane situated on Red Butte Drive. The house will be insulated with cellulose and rigid insulation. The wood and steel house frame will be sheathed in plywood, attached to the frame with a wood siding to go over the plywood. Landscape The site would be landscaped per the approved design after the house structure is completed. Summary This land use application has described the existing conditions on Lot 3 Block 1, Red Butte Subdivision described the proposed development and demonstrated compliance with the City of Aspen land use standards as identified in the Pre Application Conference Summary Sheet (see Attachment 7). The following is a list of Attachments referenced in the land use application. 1. Vicinity Map 2. Improvement Survey Plat 3. March 11, 2013 Letter from Gary Beach of Beach Environmental LLC 4. 1460 Red Butte Drive: Steam Margin Review Site Plan 5. Red Butte Residence: Site Sections 6. The Roaring Fork Green Way Plan: Trails Plan 7. Pre Application Conference Summary Sheet 8. June 7, 2013 Letter from Stephen Brint Authorizing Davis Horn Incorporated to submit a land use application for 1460 Red Butte Drive 9. Title Commitment and Deed 10. Fee Agreement 11. Land Use Application Forms and 7 12. List of Property Owners within 300 Feet. Please contact us if you need any additional information. Sincerely, DAVIS HORN INCORPORATED GLEN HORN AICP 8 ATTACHMENT-4.. 1 �� \ � •``~, 1;^lt t,1�h �'1`�ii l I lCl y \t� L,i ��~ � t '�� ;� i :+� �;;�I � .y 1r i,.y `e 4•. �.` 1' ` S �. _ ��rj'l'".��1 Q�—r��' I ��i/ 9 It • Ali%� �` \i t`'�1 '\.�.1� ,r''^.. � �� ! !• r +,r 1+ `i ltlr'1 1 !ff i +, l i '�✓� s 'f ~\ Ir� 1` ' ;\ tig t J d,�. { +\L �l ,p•�+x�r �is d'�i 4 1 ;{ �, t �'k'✓'l.��� \. :{ T� �I1 �\'i,' � 1\�' �♦ .� ��tl Vii\ R c �� �/� - �":'.�"�, `\ {`:�._ f �`, \ �I{it •�� ;\� 5',`\ �L l��l .� �.:��'��,� _ �\ -�. ,--_ N I r •� t, I :� ,1 .£.forr 'I + Q, _ �_,' � �a rr.�. ;;� 't •:.Aspen+ I 1 \..i��'A.✓ ___ �'. — �'•..,,•�n.Tc��4�►vt��r. �.:r.,• .•�M ,7CT�\__ VICINITY MAP SCALE:1"=2000' =� t -I-(-LC h tl-I w 'V IMPROVEMENT SURVEY PLAT/TOPOGRAPHICAL MAP OF: LOT 3, BLOCK 1, RED BUTTE SUBDIVISION A PARCEL OF LAND SITUATED IN THE SWY4 OF SECTION 1 } 2 ,� � TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 � `- r< vR X67 I ! GRAPHIC SCALE (IN FEET) 1h= 20 k. Z OUND# EBAR \•�\9J RG90'�O DGE OF ROARING~ �/� &Atl(MINUNL CAP \ sss \ 94' FORK RIVER AS SURVEYED VICINITY MAP ! t 5.#237 LOT 2 6 �� Q �/ 6'WIT S) ON 10/24112 6CAlE:V 20 40 o �\1� \ PROPERTY DESCRIPTION ti ' tih � 1 . NOTES � \\ � �'�� \ EMA 300 YEAR Lot 3,Block 1 ` \ FLOOD PLAIN LINE 1) Date of Survey:October 24-November 28,2012. Red Butte Subdivision, Op OF BANK �\\ "foe OF BANK \ \ SEE NOTE 8 HEREON. accordingto the Plat thereof recorded September 16,1960 in /� \,A PER tr7OF ASPEN \\ 2) Date of Preparation: December 2012. . / \ Plat Book 2A at Page 259. I -zs� wTV \ �9g`AePROwMATE \\ 3) Basis of Bearing:A bearing of N 51°00'00e E from the South Lot corner City of Aspen - +t2'+ _EASE E1jT \ \ monumented by a found%s"iron pipe and the 70'witness to the East Lot corner PER PLAT-. UTILITY EASEMENT, (\ County of Pitkin 2d - 35 FROM EDGE of-� monumented by a found#5 rebar&aluminum cap L.S.#2376. State of Colorado �,' '7jDZ g�� `-rYs'_AIEB-PEf�P1AT } �� \ •� t \ LOT�`� / \' 4j Basis of Survey:The Plat of Block 1,Red Butte Subdivision recorded O.n2 ACRESf\ j\ \ �\ September 16,1960 in Plat Book 7A at Page 259,the Improvement Survey Plat 31a6a sO.FT `� of Lot 3,Block 1,Red Butte Subdivision prepared by Mt.Surveying,I.I.C.Dated " 07/15/12,the Title Commitment prepared by Pitkin County Title,Inc.under Case No.PCT23608W with and effective date of September 26,2012,various documents of record,and the found monuments,as shown. n00 ONCtfl'.E ¢-_--_ _ - �•�� APRON \} `� `-- 5) This survey does not constitute a title search b So ris Engineering,LLC(SE) Y{, noz� Y P F� APRON 4' ,y \ to determine ownership or easements of record.For all information regarding EXISTING CONDITIONS LEGEND FIAGSTON j,,: sa,T F - OUND#5 REBAR easements,rights of way and/or title of record,SE relied upon the above said - A APRON f t., 7 s unEm" �2 &ALUMINUM CAP items described in note 4. 7706.10' \ \yam L.S.WITH M TELEPHONE PEDESTAL ' - 3^ MULTI-LEVEL WOOD o�\ PER PLAT / (70'WITNESS) \ .O� / FRAME HOUSE W/GARAGE - 8 6) Basis of elevation:in elevation of seen 8'(NAND 1988)ey the NGt Station E ELECTRIC METER p'� / 1640 RED BUTTE DRIVE ^ ` � "Q-159°,Per the Marcie 2009 City of Aspen GPS Control Survey.This established ELECTRIC TRANSFORMER l I the site benchmark,shown this page. ,y^2 � as 'z s0a !� � GAS METE0. 5Yf -1 �� // (CALIPER="DRIP DIAMETER=') SPLIT RAIL FENCE - ,'"! nos / L' (TRP=CONIFER/TRO=DECIDUOUS) 7) Contour Interval:One(1)foot. � ONCRETE 1)4.9'X 10'TRP 21)IO'X 20'TRP 41)S.J'%f0'TRP '� 8)This parcel of land is co'.:ained in part in Zone X,which are"areas f iYpS DECI.000STR- :i / � APRON 2)9.5'X 20'MP 22)10-X 20'TRP 42)10.8'X 22'TRP 11AA�t ?° determined to be outside the 500 yr.flood plain",and in part within the 100 yr. 1\ r� 3)9-2'x 16'MP 23)1o'X 20'TRP 4J)6.J'%16'TRF' '\ flood plain as shown hereon.Community-panel No.08097CO201-C map dated T6.3 1 WOOD DECK!r 4 -/n6ay4 / !y�� 4)5'x IC TRP 24)6'X 12'TRP 44)10.4'x zo'TRP \ June 4,1982 CONIFEROUS TREE \ � ; �—� i ABOVE t! 45)10.4-X 20'TRD \ �G 5)If- 20'TRP 25)10'X 20'TRP \I / Q� 6)ii'X 22'TRP zfi)TX 14,TIP, 46)8.1°X 16'TRP 9)The description of the subject property from the original"Plat of Block 1 Red I Q 7)5.1'X 10'TRP 27)i+'%28"TRP +7)s'x tt TRP Butte Subdivision"was found bj have major errors and omissions. w order to recti the boundary of the subject property the exterior boundary was drawn in 8)f2.2'X 24'TRO 28)8'%I6'TRP 48)24'%40'71tP \1 fY PROTECT BENCHMARK (� N /) 0P 9)I3.2'X 26'TRD 29)5'X 10'iRP 49)5.4-X 11'TRO and found to close to acceptable tolerances.The Rightof-Way was then drawn ELEV:=nos.74=nos.74 _ _ „� in and found to close to acceptable tolerances and was found to be consistent FOUND#5 RE.74 __ / 10)6'X 12'TRP 30)21•X 40'TRIO 50)15.7'%JY TRP \ sI 12.5'7 2s'TRP with the original monumentation.Based on this evidence the Westerly Lot line &ALUMINUM CAP / - �� /�',� 17)5'X f0'TRP 31)B'%16'RD ) 1, was extended by 0.75'to close the description for the subject property. L.S.#237 " / / I 12)9'X 18'MP 32)4'X 8'7R0 52)16.6'X J2'TRP / 13)5'X 10'TRP .r3)10'X 20'TRO 53}5.5"X 11'TRP f / { y 54)7.6"%15"TRP /4)15'X JO'iRD 34)8'X ib'iTR - 6'X 12'TRP JS)if'X 22'TRP 55)6.J'X 12'TRP At ? I 16)5'X 10'ARP 36)10.6'X 20'TRD 56)9.7'%19'TRP -" �T 5 LOT 4 s7)16'7 36'TRIP 6'X 12' RP 37)7 X 1+'4' SURVEYOR'S CERTIFICATE Z $ry / 18)4'X 8'ARP J8)12.3'%24'lR0 j ✓. �. ,• j 19)7'X 14'TRP 39)10"X 20'iR0 A 20 9'X IB'TRP aD)1D.+'X 20'TRP I,Mark S.Beckley,hereby certify to Stephen Brint&Pitkin County Title,Inc.,n that > this is an"Improvement Survey Plat"as defined by C.R.S.4 38-51-102(9),and that it is a monumented land survey showing the current location of all 1 ouND fig" structures,water courses,water features and/or bodies of water,flood plain, IRON PIPE Xy. B 0/ visible roads,trails,utilities,fences,hedges,or walls situated on the described CURVE TABLE b � parcel and within:IVe feet of all boundaries of such parcel,any conflicting CURVE LENGTH RADIUS TANGENT CHORD BEARING DEITq `, / boundary evidence or Visible encroachments,and all easements and rights of CI 60.66' 303.06' 40.67' 80.62' S 47°35'59"E 15'17'14" - • / way of a public or private nature that are visible,or apparent,or of record and C2 133.28' 453.83' 67.12' 132.80 N 48°17'x4"W 15'49'33" \/ )f',.� underground utilities described in Pitkin County Title's title commitment under '-;,f- Case No.PCT23608W with a o ate of September 26,2012,or other ct` \ �f$ ey Plat. sources as specified on th crr��R S k(t:•.o \ j ' 3A3 o ND Y W IRON PIPE MARK S. ECKLER L5, r.43 \\ SStONAL L:CjO SOPRIS ENGINEERING - LLC CIVILCONSULTAN S 502 MAIN STREET,SUITE A3 DuWYD Mu:T DMMEN EANY E A CARBONDALE,COLORADO 81623 ::zoB:vDZn:T:maDw a „B� „ate oEFR'NTHI s RWRHINTMR EY AR (970)704-0311 50PRISENG @SOPRISENG.COM AFTFR YOU FIRST DISCOVER SUCH DEFECT IN`b EVENT MAY ANY PRION 0 SEO UPON ANY DEFER INTHIS SURVEY BE COMMENCED MORE THAN TEN YEARB FROM THE OAR OF FERTIFI 01 SHOWN HEREON. ATTACHMENT Beach Suite 4210 Environmental 0133 Prospector Rd. Tel:970.925.3475 Aspen,CO 81611 fax:970.925.4754 www.beachenvironmental.com March 11,2013 Glenn Horn,AICP Davis-Horn,Inc. 215 S. Monarch Aspen, CO 81611 Re: 1460 Red Butte, Aspen-Wetland,Riparian& Stream Margin Evaluation(39'12'36.76"N, 106'50'18.92' W) Dear Glenn: At your request I have undertaken and completed an evaluation of wetland and riparian functions upon the property located at 1460 Red Butte Drive,Aspen, Colorado (referred to herein as the Subject Property). The property is located just east of the intersection with Cemetary Lane, and lies at an elevation of approximately 7,719 feet MSL(below the City's established Green Line). It is immediately adjacent to the Roaring Fork River just upstream of the Cemetery Lane Bridge. The delineation of wetlands and identification of riparian values was completed to comply with the City's Stream Margin Review Standards(Sec. 26.435.040) and particularly with paragraph 11. The Subject Property is populated by mature cottonwood, aspen;Colorado blue spruce, Englemann spruce,thin-leaf alder and a few willow shrubs. In order to determine jurisdictional status of these wetlands my evaluation included a determination of proper hydrology,the existence of a dominant population of hydrophytic and or phreatophytic vegetation and the existence of hydric soils. Proper hydrology was found immediately adjacent to the river,there were small scattered areas of dominant hydrophytic vegetation,including willow, sedge, alder and rush,but these areas were limited by proximity to the river. No hydric soils were found to exist on site although there were two areas where reduction of minerals within the soils was found to exist. Vegetation located on the Subject Property adjacent to the Roaring Fork River includes, Narrowleaf cottonwood(Populus angustifolla), Colorado blue spruce(Picea pungens), Engelmann spruce (Picea Engelmannii), Quaking aspen(Populus tremuloides), Thinleaf alder(Alnus tenuifolia),Bebb willow(Salix Bebbiana),Twin-berry Honeysuckle(Distegia involucrata), Scouring rush(Equisetum hyemale),water sedge (Carexs aquatilus), Common dandelion(Taxicum officinale),Kentucky bluegrass(Poa pratensis), and others. The immediately adjacent to the river includes native grasses scouring rush, alder and willow. There are two small areas(less than 50 square feet) where the dominant species is scouring rush. 1 See City Code Sections 26.435.30 and 26.435.040 Environmental Consulting since 1985. BEACH ENVIRONMENTAL, LLC Page 2 As indicated on the attached aerial photograph and wetlands boundary survey,the property evaluated and delineated adjoins the left bank of the Roaring Fork River. Those areas of the property that lie below the ordinary high water mark of the river have been determined to contain the necessary hydrologic, and vegetative parameters as well as evidence of seasonal saturation. Therefore,those areas qualify as jurisdictional wetlands. Those areas above the ordinary high water mark(as shown on the attached survey drawing) do not qualify as a jurisdictional wetlands due to the lack of hydric soils. Despite this fact,I established the wetlands boundary at points that would protect emerging or temporal wetland conditions. Functionally,the delineated area includes both jurisdictional and non jurisdictional wetlands,and uplands. By maintaining a proper setback from this area,no impacts should occur that would violate the stream margin review standards of the City. The lawn areas that are adjacent to the wetland boundary contain a dominance of upland vegetative species,they do not contain the characteristics or functional values associated with wetlands. This information was also used to establish the wetland boundary. Finally,the left bank of the Roaring Fork River,which creates a border to this property's backyard,has been delineated as a jurisdictional wetlands below the ordinary high water mark of the River. No work should be undertaken below the ordinary high water mark of the Roaring Fork River. Should you have any questions regarding this study or my conclusions,please feel free to give me a call. Sincerely, t� t By E, CES, RWS Gary � , , G Principal Con nma 0554 wt&smr eval mpd w/attachment Environmental Consulting since 1985. 1460 Red Butte Drive Stream Margin Review Plan Lot 3, Block 1 , Red Butte Subdivision Parcel I D# 2735-013-02-002 www.cunniffe.com '. Vicinity Map Purpose City Engineer Review The purpose of this Site Plan is to show the building envelope as established by the This Site Plan for Lot 3, Block 1, Red Butte Subdivision has been reviewed Community Development Director based upon the top of slope determination approved by the City Engineer of the City of Aspen, by the Planning and Zoning Commission Special Review documented in Planning and this day of , 2013. Zoning Commission Resolution Series of 2013. Tricla Aragon,City Engineer w �_ LL General Notes Community Development Directors Approval = 1. Site development shall be in compliance with Planning and Zoning Commission This Site Plan for Lot 3, Block 1, Red Butte Subdivision has been reviewed Resolution Series of 2013 and the Development Order of City of Aspen by the Community Development Department of the City of Aspen, Q Community Development Director dated 2013. this day of 2013. lL 2. The survey base map and topography which appears on this Site Plan was LL- prepared by Sopris Engineering, Mark Beckler L.S.#28043 on the Lot 3, z Block 1, Red Butte Subdivision Improvement Survey dated 12/03/12 Z o b„ submitted to the City of Aspen in the Land Use Application. :D z Owners Acknowledgement rJ N 3. The Roaring Fork River top of slope as shown hereon differs from the top a of slope shown on the City of Aspen Stream Margin Review Map located in Known all men these present that the owners in fee simple of all - 3 : the Community Development Department.The top of slope on the plan is property situated in Pitkin County, Colorado shown hereon acknowledge J a hereby approved by the Community Development Director and shall prevail. the allowance and limitations of City of Aspen Planning and Zoning Z s Commission referenced in Note no. 1 on the Plan. Q _ 4. Structures to be located in the building envelope and outside of setbacks. Executed this day of , 2013. _ a 5. The Building Envelope is to be delineated by the 15'setback from the top of slope line U and by the Property Lines on all sides. `° 6. Structures shall be located to conform to pertinent Front Yard and Side Yard Setbacks. 7. Only native landscape plantings and revegetation can occur between the 15' Setback from the top of slope and the Roaring Fork River. 8. No lighting shall be directed towards the river. 9. Wetlands have been delineated by Gary Beach, MSEE, LES, RWS Clerk and Recorder Certificate W of Beach Environmental and surveyed by Sopris Engineering LLC. C) This Site Plan was filed for record in the office of Clerk and Recorder z of Pitkin County, on this day of 2013 and is duly � Lu o "' """ """ recorded in Book page Reception No. o o LOT 3 BLOCK 1,RED BUTTE SUBDIVISION p /V—/J� APARCfIOf IANDSITUAI'"D INTHF SW OF SFCTONI RANG�fl5W6 Oi'HE fill,P.M. � U'WSHP 100 H .F Q C Y DF ASPFN.000 D KIN,STAiEM COlCM00 Fr' � O Uj m U o LL z w co ,=A, , 50P0.S ENGIN[ERING-LLC w..,.s:,...« Lot 3, Block 1 , Red Butte Subdivision ' . 1 1 I www.cunniffe.com •I P�PERTY L=NE..� •� 1 l - I 4'PRIVACY WALL \ I ` '' 1 I / / // I \� I' I I •1 "i U H _ � 1 • G \ONG RETE PATIO CL k LL -� \ o I ► w w CONCRETE A\ \� i / \\ /' I I W • Z) O J I Z -- W w tAE�S B e 1 O --i a REMOV€S-"SHOWN DASHED- LOW PLANTN6 _ 1 \ , 0 Z ADDRE55 MARKER-- I ENTRY 6A7E O I V W n L — ��y ZLDPRLO AND EERS \ ' \ � �• \ N TREES ` I • \ U CIO o ° � P / Z:DO \TREE TO BE \ ��.. \tUT_' N, \\\ \ \ \ O m U REMOVED-SHOWN DASHED-- \ _ LITreA \ �, / i p'I I I p Lu NOSE.ALL TREES ARE UNO.N6 AND TO REMAIN UNO. `�`•.�'/ � / / � •LL I Notes _�-.� DRAWING: 1. The Building Envelope is delineated by the 15'Setback from the n ISSUE DATE top of slope and by the Property Lines on all other sides. 7� I 2. The survey base map and topogra?hy which appears on this I JOB NO. 1303 y site plan wasprepared by Sopns Engineering Mark Beckler L.S.#28043 SITE PLAN on the Lot 3 Block 1, Red Butte Subdivision mprovement Survey 1 ,,, - 10, I SHEET NO. dated 12/0313 submitted to the City of Aspen in the Land Use Application. I 1 To, SETBACK FROM TOP OF SLOPE ♦� 1 I i \, 1 ♦ 1 \ 1 ♦ I ♦ I I I I i j \�♦ I I www.cunniffe.com Lj ILL \ � u IL 1 ♦ j. I 1 ♦ � o -__._.^..-. ve..:l l.. -Y__—__--_ __ DANM"IIO�S a 100'-O_ L MAIN LEVEL DANM IF-b I^uI _- __—__� __ __ __ __ _-----__-- - YR FLOOD PLAIN 1 1 I o Q � I$'5ETBACK TOP OF 5LOPE N16N WATER LINE PROPERTY LINE W FROM TOP OF SLOPE 1 u N LL Z Z o SITE SECTION ' ' z B 2 U a J w 'a U --43 DEGREE SETBACK f 1 FROM TOP OF ELOPE C-) Z W w \ ; X Q cn 01 F- o --- I w ♦`� _ = m I DANM TT015'•100'-O`� 1 ' 1 ' 1 DRAWING: - DANM__T696' _ A- __ __ __ __ __ --___-_ __ 00 YR FLOOD PLAIN I 1 ' I I ISSUE DATE IS'SETBAOK TOP Cl SLOPE N16N WATER LINE - FROM TOP OF ELOPE JOB NO. 1303 SHEET N0, SITE SECTION 'A' ATTACHMENT THE R TRAIL G PA -ML pp �_ ��. _ :- ` At" ®••• a N eSO , ::• • •e � ..��:�•��' :���: ••�. a e•• ti .4 Z • .t• .r: O '•s • � a •e• •.fir:•. • j z � a• a `�� `` - - -- ---- -- -- a� -- - #d Y ROAD •� • �', �® ' �ee•s a ��e - so � ._---- - low am mft j an_as� 0 / S l`ir THE ROARING FORK GREENWAY & _ TRAILS PLAN • \� � , _ \•mil � '\ O '� � l�'r( rC` - \ GREENWAY AREAS PARKS PARKING // <" �• I I\ / � �I� ( y ` 1 uft.90, WATER 1� ----- PROPOSED CROSS PROPOSED CROSS COUNTRY SKI TRAIL ........ TRAIL CORRIDORS ATTACHMENT , CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY - PLANNER: Sara Nadolny,970.429.2739 DATE: 4/24/13 c Tyl PROJECT: 1460 Red Butte Dr. REPRESENTATIVE: Glen Horn, 970.925.6587 W -_� C>� rn TYPE OF APPLICATION: Stream Margin Review&Residential Design Variance rn DESCRIPTION: The owner is interested in demolishing and replacing the existing single family residence on this property. The site is located adjacent to the Roaring Fork River, which is an area that is designated as an Environmentally Sensitive Area requiring Stream Margin Review. Glen Horn has previously met with the Engineering Dept. which has determined the top of bank to be different than currently represented. The project representative has also indicated an intent to request at least one residential design standard variance for this property to allow the street facing windows to span between the nine (9) and twelve (12) feet area, as measured from the finished grade. A possible second variance request will be regarding the location of the planned on-site accessory dwelling unit (ADU), which the applicant has indicated may be designed attached to the house. The application will also require a review and referral by the Parks Dept. This application will require a public hearing before the Planning and Zoning Commission. Below is a link to the Land Use application Form for your convenience. http://www.asr)enpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/2011%201and%20 use%20app%20fonn.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.435.040 Environmentally Sensitive Areas—Stream Margin 26.410.040 Residential Design Standards Follow link below to view the City of Aspen Land Use Code htta:llwww.ast3eni3itkin.com/Departments/Community-Develot)menVPlanning-and- Zoni na/Title-26-La nd-Use-Code/ Review by: Community Development Staff Public Hearing: None Planning Fees: $3,250 Deposit for ten (10) hours of Staff review time, which includes a hearing before the Planning and Zoning Commission. Additional staff time over 10 hours will be billed at$315 per hour. Referrals & Fees: $975 for Parks Department (flat fee) and $265/hour for Engineering Review(deposit is taken for 1 hour of work. All additional hours are billed at$265 per hour) Total Deposit: $4,490 Total Number of Application Copies: 10,with 2 set of full size plans To apply, submit the following information: p Total Deposit for review of application. F7 Pre-application Conference Summary. F1 Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 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. p A site improvement survey including topography and vegetation, as well as the Stream Margin review lines, showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. p A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. F-1 A site plan depicting the proposed development, indicating compliance with the residential design standards and the area requiring a variance. F--J Completed Land Use application and signed fee agreement. Q An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 0 10 copies of the complete application packet and maps. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application § 26.435.040.6.3, Stream Margin Review Exemption and § 26.410.040 Residential Design Standards. 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. ATTACHMENT g STEPHEN F.BRINT REVOCABLE TRUST 625 St.Charles Avenue - #10D New Orleans,LA 70130 3421 June 7,2013 Sara Nadolny City of Aspen Community Development Department 130 South Galena Street Aspen,Colorado 81611 Re: 1460 Red Butte Drive Stream Margin Review Land Use Application Dear Sara: This letter authorizes Davis Horn Incorporated and Charles Cunniffe Architects to prepare a land use application seeking Stream Margin review approvals for our property Iocated at 1460 Red Butte Drive. They will represent us in the land use review process. Thank you. Sincerel , STEPHEN F.BRINT REVOCABLE TRUST 1 ATTACHMENTC1 ALTA Commitment For Title Insurance ri LAND TITLE INSURANCE COMPANY AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3RD FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Kim Shultz - (kim @sopris.net) TJ Davis - (tjd @sopris.net) Joy Higens - (joy @sopris.net) Issued By W E S T C 0 R LAND TIME INSURANCE COMPANY Home Office: 201 N.New York Avenue,Suite 200 Winter Park,FL 32789 Telephone(407)629-5842 ., WESTCOR LAID TITLE INSURANCE COMPANY ALTA Commitment Form(6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California Corporation,("Company'),for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company. All liability and obligations under this Commitment shall cease and terminate within six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. 11V WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto axed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY ti�� Land Tlflu�`�= 1'f.tilijt--Ill ,QYS91y Secretary Countersigned: Authorized Signature CO 1045 ** Pitkin County Title,Inc. 601 E.Hopkins#3 Aspen,CO 81611 CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is$2,000,000.00 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: September 26, 2012 at 8:00 AM Case No. PCT23608W 2. Policy or Policies to be issued: (a)ALTA Owner's Policy-(6/17/06) Amount$ 3,300,000.00 Premium$ 5,875.00 Proposed Insured: Rate: Standard STEPHEN BRINT (b)ALTA Loan Policy-(6/17/06) Amount$ 0.00 Premium$0.00 Proposed Insured: Rate: (c)ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ROLAND B. FISCHER (AS TO AN UNDIVIDED 55.04% INTEREST)AND GERTRUDE BETTY FISCHER TRUST(AS TO AN UNDIVIDED 44.96% INTEREST) 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 3, BLOCK 1, RED BUTTE SUBDIVISION, according to the Plat thereof recorded September 16, 1960 in Plat Book 2A at Page 259. PITKIN COUNTY TITLE,INC. Schedule A-PG.1 601 E.HOPKINS,ASPEN,CO.81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: SCHEDULE B -SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Delivery to the Company of an executed copy of the Trust Agreement for GERTRUDE BETTY FISCHER TRUST for inspection and approval prior to issuing any policies. Subject to any additional requirements deemed necessary by the Company upon review of said Trust Agreement. 2. Statement of Authority of GERTRUDE BETTY FISCHER TRUST evidencing the names and addresses of the Trustees authorized to act on behalf of said Trust. 3. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979)and Ordinance No. 13 (Series of 1990) has been paid or exempted. 4. A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company 5. Duly executed and acknowledged Deed, From : ROLAND B. FISCHER (AS TO AN UNDIVIDED 55.04% INTEREST)AND GERTRUDE B. FISCHER TRUST (AS TO AN UNDIVIDED 44.96% INTEREST) To : STEPHEN BRINT 6. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 7. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) 8. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens,encumbrances, adverse claims or other matters, if any, created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded August 17, 1889 in Book 55 at Page 5. 8. Easements, rights of way and all matters as disclosed on Plat of subject property recorded September 16, 1960 in Plat Book 2A at Page 259. 9. Terms, conditions, obligations and provisions of Protective Covenants of Red Butte Subdivision as set forth in instrument recorded September 23, 1960 in Book 191 at Page 598;Addendum and Amendment to Protective Covenants of Red Butte Subdivision recorded June 21, 1979 in Book 371 at Page 116, and recorded August 15, 1980 in Book 393 at Page 200, and in Book 393 at Page 202, and in Book 412 at Page 638, recorded October 30, 1981 in Book 416 at Page 695, recorded February 13, 1986 in Book 505 at Page 360, recorded February 24, 1986 in Book 507 at page 594 and recorded March 1, 1996 as Reception No. 390385 and Affidavit Concerning Amendment to Protective Covenants for Block 1, Red Butte Subdivision recorded June 5, 2001 as Reception No. 455172. 10. Any question, dispute or adverse claim as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alteration through accretion, relict ion, erosion or avulsion of the center thread, bank, channel or flow of waters in the Castle Creek River lying within subject land; and any question as to the location of such center thread, bed, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands. NOTE: There are no documents in the land records of the Office of the Clerk and Recorder of Pitkin County, Colorado accurately locating past or present location(s)of the center thread, bank, bed, or channel of the above River or indicating any alterations of the same as from time to time may have occurred. AND Any rights, interest or easements in favor of the riparian owners, the State of Colorado, The United States of America, or the general public,which exist, have existed, or are claimed to exist in and over the waters and present and past bed and banks of the Castle Creek River. ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT23608W SELLER: ROLAND B. FISCHER(AS TO AN UNDIVIDED 55.04% INTEREST)AND GERTRUDE B. FISCHER TRUST (AS TO AN UNDIVIDED 44.96% INTEREST)and GERTRUDE BETTY FISCHER TRUST BUYER: STEPHEN BRINT The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Upon compliance with the requirements set forth below,the following exceptions will be deleted from the final policy. The fee for deleting exceptions 1 thru 3 with the issuance of Form 130 is$50.00 The fee for deleting exception 4 is$10.00 for Residential Property and$25.00 for Commercial Property. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s)have been paid. NOTE:A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. NOTE:A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2021 012 333 REFERENCE:PCT23608W/STEPHEN BRINT RECEPTION#: 594386, 12/03/2012 at 01:16:18 PM, 1 OF 4, R $26.00 ATTACHMENTI o DF $330.00 Janice K. V^- Caudill, Pitkin County, CO i�iic l T PAtfi KRE—i-f PAID Dh FE Mp NO. DATE P110 NO. /a-3-I� QD 04y1al /a-3-/D- f6 611411,)l Fee$330.00 WARRANTY DEED THIS DEED, made DECEMBER 3,2012, Between RRLAND B. FISCHER(AS TO AN UNDIVIDED 7.04% INTEREST)AND GERTRUDE B.FISCHER TRUST(AS TO AN UNDIVIDED 44.96% INTEREST)AND RANDALL B. FISCHER AND CAROL J. FISCHER(AS TO AN UNDIVIDED 48% INTEREST) of the County of State of CO,GRANTOR, AND STEPHEN F. BRINT AND ORLAND M. BROWN III,CO-TRUSTEES OF THE STEPHEN F. BRINT REVOCABLE TRUST DATED JUNE 3,2011 ,GRANTEE whose legal address is:625 ST CHARLES AVE#10D,NEW ORLEANS,LA,70130-3421 of the County of ,State of LA WITNESSETH,That for and in consideration of the sum of ten dollars and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the grantor has granted, bargained,sold and conveyed,and by these presents does grant,bargain,sell and convey and confirm unto the grantee,HIS heirs and assigns forever,all the real property together with improvements,if any, situate and lying and being in the County of PITKIN,State of COLORADO,described as follows: LOT 3, BLOCK 1, RED BUTTE SUBDIVISION,according to the Plat thereof recorded September 16, 1960 in Plat Book 2A at Page 259. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining,and the reversion and reversions,remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of the grantor either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances.TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,HIS heirs and assigns forever.And the Grantor,for THEIR,THEIR heirs and assigns,does covenant,grant,bargain, and agree to and with the Grantee,HIS heirs and assigns,that at the time of the ensealing and delivery of these presents,THEIR is well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments, encumbrances and restrictions of whatever kind or nature soever,except those matters as set forth on Exhibit"A"attached hereto and incorporated herein by reference.The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee,HIS heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof.The singular number shall include the plural,the plural the singular,and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed. SIGNATURES ON PAGE 2 RECEPTION#: 594386, 12/03/2012 at 01:16:18 PM, 2 OF 4, Janice K. Vos Caudill, P' '-in County, CO SIGNATURE PAGE TO WARRANTY DEED ROLAND B.FISCHER BY R DALL B.FISCHER,HIS ATTORN N FA T GER��TRRU�UDE B.FISCHER TRU T By: Title:RANDALLLBB.FISCHER CT,7 NAL REPRESENTATIVE BY: C c` Title CAR�OLL J.FISCHE CO-PERSONAL REPRESENTATIVE Iz 1�71dtr/� 9.�. �r RANDALL B.FISCHER CAROL J.FISCHER STATE OF COLORADO COUNTYOF Cam„\8e r' The foregoing instrument was acknowledged before me this day of Aj,, ,. ,6t.r,2012 by Roland B.Fischer by Randall B.Fischer,his attorney in fact WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: ` �- �.ts'4- NOTARY PUBLIC JONOM NAW NOTAR1rKIW 900F000O0 NOTAW 02012/081800 YPOOIMBSIOPt AUGUST 10,2018 RECEPTION#: 594386, 12/03/2012 at 01:16:18 PM, 3 OF 4, Janice K. Vos Caudill, r' 'yin County, CO STATE OF COLORADO COUNTY OF ( ,V)er The foregoing instrument was acknowledged before me this a�1 day of , 2012 by Gertrude Betty Fischer Trust by Randall B. Fischer, Co-Personal Representative, and Randall B. Fischer, individually WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: Notary Public sWET STATE OF COLORADO wr k" 900FOOIOMM WrW 02D12/ IN3 COUNTY OF PITKIN W0MWWW fiAW1a,zme The fore oing instrument was acknowledged before me this 3 day of ' , 2012 by Gertrude Betty Fischer Trust by Carol J. Fischer, Co-Personal Representative, and Carol J. Fischer, individually WITNESS MY HAND AND OFFICIAL SE MOOMMISSION EXPIRES: II Z i 5 S1NA 0•!�,�, Notary Public v•#QTAr?p . tP . plJBL\G PCT23608W5 �'�oF COQ'" RECEPTION#: 594386, 12/03/2012 at 01:16:18 PM, 4 OF 4, Janice K. Vos Caudill, P' '-in County, CO EXHIBIT"A" 1. Taxes for the year 2012,and subsequent years,not yet due or payable. 2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom,should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded August 17,1889 in Book 55 at Page 5. 3. Easements,rights of way and all matters as disclosed on Plat of subject property recorded September 16,1960 in Plat Book 2A at Page 259. 4. Terms,conditions,obligations and provisions of Protective Covenants of Red Butte Subdivision as set forth in instrument recorded September 23,1960 in Book 191 at Page 598;Addendum and Amendment to Protective Covenants of Red Butte Subdivision recorded June 21, 1979 In Book 371 at Page 116,and recorded August 15, 1980 in Book 393 at Page 200,and in Book 393 at Page 202,and in Book 412 at Page 638,recorded October 30, 1981 in Bock 416 at Page 695,recorded February 13, 1986 in Book 505 at Page 360,recorded February 24, 1986 in Book 507 at page 594 and recorded March 1,1996 as Reception No.390385 and Affidavit Concerning Amendment to Protective Covenants for Block 1,Red Butte Subdivision recorded June 5,2001 as Reception No. 455172. 5. Any question,dispute or adverse claim as to any loss or gain of land as a result of any change in the river bed location by other than natural causes,or alteration through accretion,relict ion,erosion or avulsion of the center thread,bank,channel or flow of waters in the Castle Creek River lying within subject land;and any question as to the location of such center thread,bed,bank,bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands. NOTE:There are no documents in the land records of the Office of the Clerk and Recorder of Pitkin County, Colorado accurately locating past or present location(s)of the center thread,bank,bed,or channel of the above River or indicating any alterations of the same as from time to time may have occurred. AND Any rights,interest or easements in favor of the riparian owners,the State of Colorado,The United States of America,or the general public,which exist,have existed,or are claimed to exist in and over the waters and present and past bed and banks of the Castle Creek River. ATTACHMENT � |nN � � /01l /��7L+ | ��6/�� Z�S/ � / ~` ^ ~ --- .02 Agreement to Pay Application Fees n agreement between the City of Aspen("Ci!y")and Property Phone No.: L -F Email: Address of Property: Address: 1understand that the City has adopted,via Ordinance No. .Series of 2011. review fees for Land Use applications and the payment of these fees is a condition pwnnd:"u to determining application completeness. | understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. } understand that these. flat fees are non'mfundab|a. flat fee for � $ flat fee for $ _flat fee for G______flat fee for _ For deposit cases only: The,City and | understand that baoouav of the oizu, nature or scope of the proposed project,kin not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue, | understand and agree that it is impracticable for City staff to complete processing, revew, and presentation of sufficient information to enable legally required findings to be made for project consideration,unless invoices are paid in full. ` The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall he considered bythe City aobeing naooivad by me. | agree to remit payment within 80 days of presentation ofan invoice Uy the City for such services. I have read, understood,and agree to the Land Use Review Fee Policy including consequences for non-payment. |agree 10 pay the following initial deposit amounts for the specified hours of staff time. | understand that payment ofa deposit does not render an application complete orcompliant with approval criteria. |!actual recorded costs exceed the initial deposit, | agree to pay additional monthly billings to the Qty to reimburse the City for the processing ofmy application at the hourly rates hereinafter stated. $ ~��'c7^} depunityor I Q hours ofCommunity Development Department staff time. Additional time Zo-vo-the deposit amount will bs billed atS315 per hour. �� deposit 0ur \ hours pf Engineering Department staff time.Additional time above the deposit amount will ue billed at$zo5 per hour. City ufAspen: Property Owner: Iv Chris Bendon Community Development Director Nalme: City Use: Title: Received:S N 0o LF1 -ZD (3 , law 13 ATTACHMENT 2—LAND USE APPLICATION N PROJECT: P Name: S l Lc F Q.) r Location: I L-1 G,(7) n r i (Indicate street address,lot&block number,legal description where appropriate) Parcel ID#(REQUIRED) -1 S_ C I C I APPLICANT: Name: 121-1 t-) C 72 Address: 0,C a -ne Or utz- Phone#: REPRESENTATIVE: Name: ► C_ Address: —2— v\c- rC A--:, C_ h Phone#: c TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment F-1 Special Review ❑ Subdivision ❑ Conceptual SPA KK ESA—8040 Greenline,Stream F-1 Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane F-1 Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion F-1 Residential Design Variance ❑ Lot Line Adjustment F-1 Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.) PROPOSAL: (description of proposed buildings,uses,modifications,etc.) HnavP on attached the following? FEES DUE:$ ��P -Application Conference Summary o �esponse ftachment#1,Signed Fee Agreement to Attachment#3,Dimensional Requirements Form to Attachment#4,Submittal Requirements-Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ATTACHMENT ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: L-1 CSC) R- -0 V3--,--rr-e Applicant: S Tejll e r. �-- 1-'s r i r` r- Location: H (�C) /-Z-7e77 6�' i—r--e Zone District: rZ 3 Lot Size: 3 I�H 3�( Lot Area: 2 �51 1 -1 (for the purposes of calculating Floor Area,Lot Area may be reduced for areas within the high water mark, easements,and steep slopes.Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: iti�l� Proposed: Number of residential units: Existing: 1 Proposed: I Number of bedrooms: Existing:_Proposed: � Proposed%of demolition (Historic properties only): DIMENSIONS: 1'S t-r _ Floor Area: Existing: r r� Allowable: I 2 Proposed: + & Principal bldg. height: Existing:--K('FAllowable: `� Proposed: 2 Access. bldg. height: Existing:— hl 0- Allowable: N Proposed: On-Site parking: Existing: Required: �' Proposed: % Site coverage: Existing: Required: Proposed: l� A� ti� %Open Space: Existing: t V Required: /V Proposed: d i� Front Setback: Existing: r V Required: �5^ Proposed: -2-'7 Rear Setback: Existing:_ Required: 1 Proposed. I S Combined F/R: Existing tU PV Required: lJ Proposed.• (�- Side Setback: Existing:��1 Vim" Required: I � Proposed: r Side Setback: Existing: I u,,,,�` Required: f�Proposed: )�_ Combined Sides: Existing.�Required: I Proposed: 1-E- �� Distance Between Existing ��equired.' (-�Proposed: Buildings Existing non-conformities or encroachments: n Variations requested: 0 0 0 ATTACHME"' 1 Z err n r 1445 RED BUTTE LLC ASPEN VALLEY LAND TRUST BELLOCK CHUCK 1445 RED BUTTE DR PO BOX 940 2500 ARAPAHOE AVE#220 ASPEN, CO 81611 ASPEN, CO 81612 BOULDER, CO 80302 FISHER ROBIN FORTIER TIMOTHY J&LISA A KELLER ANNETTE S 3250 MARY ST 1465 RED BUTTE DR 1430 RED BUTTE DR MIAMI, FL 33133 ASPEN, CO 81611 ASPEN, CO 81611 LEFTON DONALD E TRUST MORRISON MADELEINE OGILVY JEANETTE 2665 S BAYSHORE DR#1206 2500 ARAPAHOE AVE#200 500 E PUTNAM AVE MIAMI, FL 33133 BOULDER, CO 80302 COS COB, CT 06807-2520 PITKIN COUNTY SACHDEVA SANDEEP S&THERESA A TABATCHNICK LISA LEFTON X530 E MAIN ST#302 5473 FIELDWOOD DR 3250 MARY ST ASPEN, CO 81611 HOUSTON, TX 77056 COCONUT GROVE, FL 331335272 Jennifer Phelan From: Jennifer Phelan Sent: Friday, June 21, 2013 12:18 PM To: Josh Rice; Brian Flynn Subject: Stream Margin Review Hi Josh and Brain: I have a Stream Margin Review that I am sending to you via inter-office mail for referral. I'd appreciate any comments by July 3'd.Josh, I am looking to you for confirmation of the location of top of bank and flood plain location. Full sized plan sets are in my office if needed. If a site visit is needed, please let me know and I can arrange. Thanks,Jen Jennifer Phelan,AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 wWw.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 1 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: June 18, 2013 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0041.2013.ASLU —1460 Red Butte Drive. The planner assigned to this case is myself(jennifer.phelankcityofaspen.com). ❑ Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. a You, ennifer P e n, Deputy Director City of As , Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No Subdivision, SPA,or PUD(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F.