HomeMy WebLinkAboutLand Use Case.1210 Red Butte Dr.A05199
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TO:
MEMORANDUM
lilli, Ann Wood, C_wri'Y Dowlopmou D""'w, cf:
Sarah Oates, Planning Technician-S<:::::>
FROM:
RE:
Hazen Stream Margin Exemption-1210 Red Butte Drive
DATE:
June 21,1999
SUMMARY:
Brian Hazen, owner, has applied for an exemption from the Stream Margin
Review to enclose two existing decks for the purpose of adding a bedroom, family
room and expanding the master bedroom. The addition is 450 square feet, which
is an II % increase in floor area. Staff believes the amount over the 10%
exemption cut off, 40 square feet, is insignificant enough that the review can be
handled administratively. Furth<:r, because the addition is not increasing the
footprint of the building, nor is there any development closer to the river, this
request does not require a review before the Planning and Zoning Commission.
ApPLICANT:
Brian Hazen. Represented by Stan Mathis.
LOCATION:
1210 Red Butte Drive.
ZONING:
R-15. Moderate-Density Residential.
REVIEW PROCEDURE:
Development that meets the criteria in Exhibit "A" may be approved by the
Community Development Director.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." The
application has been included as Exhibit "B."
RECOMMENDATION:
Staff recommends the Community Development Director approve this Stream
Margin Exemption with the following conditions:
1. The development may occur as represented in this application.
2. The proposed work is outside of the 100 year floodplain.
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3. Prior to construction, the applicant shall obtain all necessary permits from the ~uilding
Department as required.
4. Prior to submitting an application for a building permit, the applicant must prepare a drainage
plan that demonstrates that runoff during construction will be maintained on the site and not
permitted to drain to the river.
5. Prior to application for a building permit, the owners shall grant a fisherman's easement o-Lruftl "5~<Jl
across their property within five (5) feet of the high water mark for fishing purposes. - ( l.v4->-- 1-!,o0-"'::i:..?
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6. If the newly enclosed area plus the area of the exiting structure exceeds 5,000 square feet, the
newly enclosed area may be required to be sprinkled. The plans will be reviewed with the
Fire Marshall at the time of application for a building permit.
7. Given the continuous problems of unapproved work and development in the public rights-of-
way adjacent to private property, we advise the applicant as follow:
The applicant must received approval from City Engineering for design of
improvements, including landscaping, within the public rights-of-way, Parks Department
for vegetation species and for public trail disturbance, and Streets Department for
mailboxes, street and alley cuts, and shall obtain permits for any work or development,
including landscaping, within public rights-of-way from the Community Development
Department.
8. Any further additions to the structure will require a Stream Margin Review by the Aspen
Planning and Zoning Commission per Section 26.68.040 of the Aspen Municipal Code.
ApPROVAL
I hereby approve this Stream Margin Exemption for an addition to the Hazen residence,
1210 Red Butte Drive, with the above conditions listed 1-8.
date %. /Slg
e Ann Woods, Community Development Director
ACCEPTANCE:
I, as a person being or representing the applicant, do hereby understand and agree to
the conditions of this approval and certify the information provided in this
application is correct to the best of my knowledge.
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date /..) .91
ATTACHMENTS
Exhibit A-Staff Comments
Exhibit B-Application
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EXHIBIT A
STAFF COMMENTS:
Section 26.68.040(C) Exemption. The expansion, remodeling, or reconstruction of an existing
development shall be exempt from stream margin review if the following standards are met:
1. The development does not add more than ten (10) percent to the floor area
of the existing structure or increase the amount of building area exempt from
floor area calculations by more than twenty-five (25) percent.
Staff Finding: The proposed addition is 450 square feet, an 11 % increase in floor
area. The addition is only 40 square feet over the 10% increase in floor area, the
addition is not changing the footprint of the building, nor is it creating
development closer to the river.
2. The development does not require the removal of any tree for which a
permit would be required pursuant to Section 13.20.
Staff Finding: No trees will be removed.
3. The development is located such that no portion of the expansion,
remodeling or reconstruction will be any closer to the high water line than is the
existing development.
Staff Finding: The expansion will not be any closer to the high water line than
the existing development.
4. The development does not fall outside of an approved building envelope if
one has been designated through a prior review.
Staff Finding: The proposed enclosure does not fall outside the existing building
envelope.
5. The development is located outside of the special flood area and more than
one hundred (100) feet measured horizontally from the mean high water line of
the Roaring Fork River and its tributary streams, or the expansion, remodeling
or reconstruction will cause no increase to the amount of ground coverage of
structures within the special flood hazard area.
Staff Finding: The development meets the second standard.
6. All exemption are cumulative. Once a development reaches the totals specified in Section
26.68. 040.C.l, a stream margin review must be obtained pursuant to Section 26.68. 040.B.
Staff Finding: A condition of approval is that any additional development must
go through a Stream Margin Review in front of the Aspen Planning and Zoning
Commission.
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City of Aspen Community Development Department
Standard Application Package
Staff Approval Applications
Attached is a Development Application package (or submission of your application. Included in
this package are the following attachments:
1. Development Application Fee Policy and Fee Schedule
2. Application Form
3. Description of Minimum Contents of Development Application
4. Description of Specific Contents for Submission of your Application (insert appropriate
attachment)
5. Copy of Review Standards for Your Application (insert appropriate attachment)
6. General Summary of Your Application Process (insert appropriate attachment)
Generally, to submit a complete application, you should fill in the application form and attach to it
that written and mapped information identified in Attachments 3 and 4. Please note that all
applications require responses to the review standards for that particular development type. The
standards for your application are listed in Attachment 5.
We strongly encourage all applicants to hold a pre-application conference with a Planner in
the Community Development Department so that the requirements for submitting a complete
application can be fully described to you.
Please also recognize that review of these materials does not substitute for a complete review of the
Aspen Land Use Regulations. While this application package attempts to summarize the key
provisions of the Code as they apply to your type of development, it cannot possibly replicate the
. detail or the scope of the Code. If you have questions which are not answered by the materials in
this package, we suggest that you contact the staff member assigned to your case or consult the
applicable sections of the Aspen Land Use Regulations.
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PROJECT:
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LAND USE ApPLICATION
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Name:
Location: ~ .
(Indicate street address, lot & bloc
ApPLICANT:
Name:
Address:
Phone #:
REPRESENTATIVE:
Name:
Address:
Phone #:
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D
D
Temporary Use
Text/Map Amendment
D Conceptual Historic Devt.
D Final Historic Development
D Minor Historic Devt.
D Historic Demolition
D Historic Designation
D Small Lodge Conversion!
Expansion
D Other:
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TYPE OF ApPLICATION: (please check all that apply):
o Conditional Use D Conceptual PUD
o Special Review D Final PUD (& PUD Amendment)
o Design Review Appeal D Conceptual SPA
o GMQS Allotment D Final SPA ( & SPA Amendment)
o GMQS Exemption D Subdivision
g ESA - 8040 Greenline, Stream D Subdivision Exemption (includes
Margin, Hallam Lake Bluff, condominiumization)
Mountain View Plane
Lot Split
Lot Line Adjustment
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Have you attached the following?
o Pre-Application Conference Summary
o Attachment #1, Signed Fee Agreement
o Response to Attachment #2, Dimensional Requirements Form
o Response to Attachment #3, Minimum Submission Contents
o Response to Attachment #4, Specific Submission Contents
o Response to Attachment #5, Review Standards for Your Application
FEES DUE: $
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ASPENIPITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen Development Application Fee Policy
The City of Aspen, pursuant to Ordinance 49 (Series of 1998), has established a fee structure for
the processing ofland use appiications. A flat fee or deposit is collected for land use applications
based on the type of application submitted. Referral fees for other City departments reviewing
the application will also be collected when necessary. One check including the deposit for
Planning and referral agency fees must be submitted with each land use application, made
payable to the Aspen/Pitkin Community Development Department. Applications will not be
accepted for processing without the required appiication fee.
A flat fee is collected by Community Development for Administrative Approvals which
normally take a minimal and predictable amount of staff time to process. The fee is not
refundable.
A deposit is collected by Community Development when more extensive staff review is required,
as hours are likely to vary substantially from one application to another. Actual staff time spent
will be charged against the deposit. Several different staff members may charge their time spent
on the case in addition to the case planner. Staff time is logged to the case and staff can provide
a summary report of hours spent at the applicant's request.
After the deposit has belm expended, the applicant will be billed monthly based on actual staff
hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the
case following any hearing or approvals, up until the applicant applies for a building permit.
Current billings must be paid within 30 days or processing of the application will be suspended.
If an applicant has previously failed to pay application fees as required, no new or additional
applications will be accepted for processing until the outstanding fees are paid. In no case will
Building Permits be issued until all costs associated with case processing have been paid.
When the case planner determines that the case is completed (whether approved or not
approved), the case is considered closed and any remaining balance from the deposit will be
refunded to the applicant.
Applications which require a deposit must include an Agreement for Payment of Development
. Application Fees. The Agreement establishes the applicant as being responsible for payment of
all costs associated with processing the application. The Agreement must be signed by the
party responsible for payment and submitted with the application and fee in order for a
land use case to be opened.
The Current complete fee schedule for land use applications is listed on the reverse side.
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ASPENIPITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Pavment of Citv of Aspen Deveiopment Application Fees
CITY OF ASPEN (hereinafter CITY) and 161( Jffl ') .2-.;1/#2' J'f:1I<..)
. (hereinafter APPLICANT) AGREE AS FOLLOWS:
APPLICANT has submitted to CITY an application for
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(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to adetennination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter pennit additional costs to be billed to APPLICANT on a monthly 'basis.
, APPLICANT agrees additional costs may accrue following their heatirtgs and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLlCA."'lT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning'
Commission and/or City Council to make legally required fmdings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a detennination of applica.tjon completeness, APPLICANT shall pay an initial deposit in the
amount of $ ~f1J(). k) which is for 41/ ~ hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review. Such periodic
payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building pennits be issued until all
costs associated with case processing have been paid.
CITY OF ASPEN
APPLICANT
By:
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By: c0~Cf)----
Date: S;-,)J}.9r
ie Ann Woods
ommunity Development Director
Mailing Address:
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ASPEN/PITKIN COMMUNITY DEVELOPMENT
1999 LAND USE APPLICATION FEES
CA TEGORY
Major
Minor
Staff Approvals
Flat Fee
Exempt HPC
Minor HPC
Significant HPC <1000 sq. ft.
Significant HPC >1000 sq. ft.
Demolition, Partial Demolition, Relocation
Referral Fees - Environmental Health
Major
Minor
Referral Fees - Housing
Major
Minor
. Referral Fees - City Engineer
Major
Minor
Hourly Rate
HOURS
DEPOSIT
12
6
2,220.00
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FLAT FEE
255.00
65.00
120.00
312.00
624.00
1250.00
320.00
160.00
320.00
160.00
320.00
160.00
185.00
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ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
Project:
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
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(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:
Number of residential units:
Number of bedrooms:
Existing:
Existing:
Existing:
10/ It
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Proposed:
Proposed:
Proposed:
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Proposed % of demolition (Historic properties only): Alp
DIMENSIONS:
Floor Area: Existing: .~ 9 <} 9 Allowable: Proposed:
Principal bldg. height: Existing: Allowable: Proposed:
Access. bldg. height: Existing: Allowable: Proposed:
On-Site parking: Existing: Required: Proposed:
% Site coverage: Existing: Required: Proposed:
% Open Space: Existing: Required: Proposed:
Front Setback: Existing: Required: Proposed:
Rear Setback: Existing: Required: Proposed:
Combined FIR: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
S ide Setback: Existing: Required: Proposed:
Combined Sides: Existing: Required: Proposed:
Exi~ting non-conformities or encroachments:
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Variations requested:
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ATTACHMENT 3
MINIMUM SUBMISSION CONTENTS
1.
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 behalfof the applicant.
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2. The street address and legal description of the parcel on which development is proposed
to occur.
3. A disclosure of ownership 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.
4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen.
5. A site improvement survey including topography and vegetation showing the current
status of the parcel certified by a registered land surveyor, licensed in the State of
Colorado. (This requirement, or any part thereof, may be waived by the Community
Development Department if the project is determined not to warrant a survey document.)
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ATTACHMENT 4
Specific Submission Contents
Exemption from ESA Review
By Community Development Director
The request for Community Development Director approval of an Insubstantial Amendment or
Exemption shall contain the following items:
I. A written description of the existing conditions on the property which are requested to
be altered via the amendment or exemption.
2. Such site plan drawings or elevations as may be necessary to adequately evaluate the
proposed amendment or exemption.
3. A listing of all previous development approvals granted to the property, with the
approximate dates of said approvals.
4. A copy of any recorded document which affects the proposed development, including
but not limited to recorded plats, agreements and deed restrictions. If changes are
proposed to said recorded documents, these should be "red-lined" onto a copy of the
original document.
5. A written response to the applicable review criteria (attachment 5).
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ATTACHMENT 5
Review Standards: ESA Exemptions by Planning Director
The expansion, remodeling or reconstruction of an existing development shall be exempt from
ESA Review if the applicable standards below are met. Please respond to the appropriate
criteria:
8040 Greenline Review Exemption.
I. The development does not add more than ten (10) percent to the floor area of the existing
structure or-'increase the total amount of square footage of areas of the structure which are
exempt from floor area calculations by more than twenty-five (25) percent; and
2. The development does not require the removal of any tree for which a permit would be required
pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said section; and
3. The development is located such that it is not affected by any geologic hazard and will not result
in increased erosion and sedimentation.
Stream Margin Review Exemption.
o
I. The development does not add more than ten (10) percent to the floor area of the existing
structure or increase the amount of building area exempt from floor area calculations by more
than twenty-five (25) percent; and
2. The development does not require the removal of any tree for which a permit would be required
pursuant to Chapter 13 .20 of this Code.
3. The development is located such that no portion of the expansion, remodeling or reconstruction
will be any closer to the high water line than is the existing development;
4. The development does not fall outside of an approved building envelope if one has been
designated through a prior review; and
5. The development is located outside of the of the special flood area and more than one hundred
(100) feet measured horizontally from the mean high water line of the Roaring Fork River and its
tributary streams, or the expansion, remodeling or reconstruction will cause no increase to the
amount of ground coverage of structures within the special flood hazard area.
Mountain View. Plane Review Exemption. Exempt development includes the addition of any
mechanical equipment to an existing development which protrudes into the view plane, except
for the following types of equipment:
1. Satellite dish;
2. Elevator shaft; or
3. Any other piece of equipment whose height and mass are found to be of such significance in
their effect upon the designated view plane that their review pursuant to the standards of Section
26.68.050(C) is required.
Hallam Lake Bluff Review Exemption. Exempt development includes the exterior expansion,
remodeling or reconstruction of an existing structure or development, or the removal of trees or
shrubbery, if the following standards are met.
I. The development takes place more than thirty (30) feet from the top of slope, or the development is
obscured from the rear slope by other, structures as determined by a site section provided pursuant to
review standard (C)(7) below.
C.? Site sections drawn by a registered architect, landscape architect, or engineer shall be
submitted showing all existing and proposed site elements, the top of slope, and pertinent
elevations above sea level.
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Attachment 6
Staff Approval Development Review Procedure
1. Attend pre-application conference. During this one-on-one meeting, staff will determine
the review process which applies to your development proposal and will identify the materials
necessary to review your application.
2. Submit Development Application. Based on your pre-application meeting, you should
respond to the application package and submit the requested number of copies of the complete
application and the appropriate processing fee to the Community Development Department.
3. Determination of Completeness. Within five working days of the date of your
submission, staffwill review the application, and will notify you in writing whether the application
is complete or if additional materials are required. Please be aware that the purpose of the
completeness review is to determine whether or not the information you have submitted is adequate
to review the request, and not whether the information is sufficient to obtain approval.
4. Staff Review of Development Application. Once your application is determined to be
complete, it will be reviewed by the staff for compliance with the applicable standards of the Code.
During the staff review stage, the application will be referred to other agencies for comments. The
Planner assigned to your case or the agency may contact you if additional information is needed or
if problems are identified. A memo will be written by the staff member for signature by the
Community Development Director. The memo will explain whether your application complies
with the Code and will list any conditions which should apply if the application is to be approved.
Final approval of any Development Application which amends a recorded docnment, such
as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of
that document for review and approval by staff. Staff will provide the applicant with the applicable
contents for the revised plat, while the City Attomey is normally in charge of the form for recorded
agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing
these documents until the staffhas determined that your application is eligible for the requested
amendment or exemption.
5. Receipt of Building Permit. Once you have received a copy of the signed staff approval,
you may proceed to building permit review. During this time, your project will be examined for its
compliance with the Uniform Building Code. It will also be checked for compliance with
applicable provisions of the Land Use Regulations which were not reviewed in detail during the
one step review (this might include a check of floor area ratios, setbacks, parking, open space and
the like). Fees for water, sewer, parkS and employee housing will be collected if due. Any
document required to be recorded, such as a plat, deed restriction or agreement, will need to be
reviewed and recorded before a Building Permit is submitted.
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. ATTACHMENT 7
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Public Hearing Notice Requirements
Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of
the property, and mailing to surrounding landowners. You can determine whether your application requires notice,
and the type of notice it requires, from Table 1, which is attached to this summary.
Following is a summary of the notice requirements, including identification of who is responsible for completing
the notice. .
1. Publication - Publication of notice in a, paper of general circlllation in the City of Aspen is to be done at
least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development
Department and we will place the notice in the paper within the appropriate deadline.
2. Posting - Posting of a sign in a conspicuous place on the property is to be done ten (10) days prior to the
hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development
Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit).
3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject
development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the
Community Development Department, to mail it according to the following standards, and to bring proof to the
hearing that the mailing took place (use attached affidavit).
Standards for notice shall be as follows:
1. Any federal agency, state, county or municipal government service district or quasi governmental agency
that owns property within 300 feet of the subject property must be mailed notice fifteen (15) days prior to the
hearing.
2. All other landowners within 300 feet of the subject property must be mailed notice ten (10) days prior to
the hearing, unless notice is given by hand delivery, in which case it must be sent five (5) days prior to the hearing.
3. Subdivision applications only also require notice by registered mail to all surface owners, mineral owners
and lessees of mineral owners of the subject property.
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 public hearing.
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TABLE!
SUMMARY OF PUBLIC HEARING NOTICE PROCEDURES
APPLICATION TYPE PUBLIC BY WHOM FORM OF
HEARING NOTICE!
REQUIRED?
CONDITIONAL USE REVIEW Y P&Z 2,3
ESA REVIEW (8040 Greenline, Stream Margin, Mountain N
View Plane, Hallam Lake Bluff),
GMQS ALLOTMENT Y GMC 1,2,3
GMQS EXEMPTIOW Y By GMC I
By Council GMC-I
." Council- 1
HISTORIC DEVELOPMENT
Conceptual Development Y HPC 1,2,3
Final Development N
Minor Development N
Historic Demolition Y HPC 1,2,3
Historic Designation Y HPC, P&Z & HPC - 1,2,3
Council3 P&Z - 1,2,3
Council- 1,2,3
Historic Lot Split Y HPC 1,2,3
MAP AMENDMENTS Y P&Z& P&Z - 1,2,3
Council3 Council- 1,2,3
PUD - CONCEPTUAL Y Council' 1,2,3
PUD - FINAL (and PUD Amendment) Y P&Z 1,2,3
SPA-CONCEPTUAL Y Council' 1,2,3
SPA - FINAL (and SPA Amendment) Y . P&Z 1,2,3
SUBDIVISION Y P&Z& P&Z - 1,2,3
Council3 Council- 1,2,3
SUBDIVISION EXEMPTIONS . .
Condominiumization N
Lot Split Y Council 1,2,3
Lot Line Adjustment N
SPECIAL REVIEW N
TEXT AMENDMENTS Y P&Z& P&Z - 1
Council3 Council- 1
TEMPORARY USES Y Council 1,2,3
VESTED PROPERTY RIGHTS Y CouncW 1,2,3.
1 Numbers refer to the following: 1 = Publication in newspaper
2 = Posting of property
3 = Mailing to surrounding landowners
2 See Subdivision Exemptions for Lot Splits
3 Public Hearing occurs at second reading of the Ordinance by Council.
4 Adopted by Resolution, only one hearing required, which is a public hearing.
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Attachment 8
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County of Pitkin }
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State of Colorado }
SS.
AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATIONS
SECTION 26.52.060(E)
I, , being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.52.060(E) of the Aspen Municipal Code in the following
manner:
1. By mailing of notice, a copy of which is attached hereto, by ftrst-class postage prepaid U.S.
Mail to all owners of property within three hundred (300) feet of the subject property, as indicated
on the attached list, on the _ day of , 199_ (which is _ days prior to the public
hearing date of ).
2.' By posting a sign in a conspicuous place on the subject property (as it could be seen from
the J1earest public way) and that the said sign was posted and visible continuously from the _ day
of , 199_, to the _ day of , 199_. (Must be posted for at least
ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto.
Signature
(Attach photograph here)
Signed before me this _ day of
199_. by
WITNESS MY HAND AND OFFICIAL SEAL
My Commission expires:
Notary Public
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I_?; ERIN F. HAZEN, also known as ERIN FERNANDEZ, and BRIAN L.
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~~~ 'HAZEN, as )Olnt tenants, for good and valuable consideration, in
u_8~ hand paid, hereby convey to BRIAN L. HAZEN, 720 East Hyman Avenue,
O~~ Aspen, Colorado 81611, the following real property in the County
~Ii: ';:Zof Pitkin, State of Colorado, to wit:
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~ ~ -~ Lot 5, Gaylord SUbdivision, according to the Plat thereof,
recorded July 28, 1976 in Plat Book 5 at Page 20.
with all its appurtenances and warrant title against all persons
claiming under us SUBJECT TO AND EXCEPTING: General real property
taxes, reservations, conditions, restrictions, exceptions, rights
of way, easements, and covenants of record.
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SIGNED this 9th day of June, 1992.
Recorder
SPECIAL WARRANTY DEED
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BRIAN L. HAZEN
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ERIN F. HAZEN, . 1
a/k/a ERIN FERNANDEZ
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STATE OF COLORADO
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COUNTY OF PITKIN
.\ The foregoing Special Warranty Deed was acknowledged this
iO'l-kday of June, 1992, by Brian L. Hazen.
WITNESS my hand and official seal.
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--::::f~ Joy S. HigenslNotary Public
. My Commission expires 4/22/94
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~ p:; ~ The foregoing Special Warranty Deed was acknowledged this
>t 8'6_ // day of June, 1992, by Erin F. Hazen, a/k/a Erin Fernandez.
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MEMORANDUM
To:
Sarah Oates, Planning Technician
Nick Adeh, City Engine~ d
Chuck Roth, Project Engineer e- '"R-
Thru:
Prom:
Date:
June 7, 1999
Re:
1210 Red Butte Drive Stream Margin Exemption
General - (1) These comments are based on the fact that we believe that the submitted site plan is accurate,
that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written
unless prior consent is received from the Engineering Department. This is to halt complaints related to
approvals tied to "issuance of building permit." (2) If there are any encroachments into the public right-of-
way, the encroachment must either be removed or be subject to current encroachment license requirements.
I. Improvement Survey - An improvement survey is not required because the proposed
improvements are generally within the footprint of the existing residence.
2. Floodplain - The proposed work is outside of the 100 year floodplain.
3. Site Drainage - Prior to submitting an application for a building permit, the applicant must
prepare a drainage plan that demonstrates that runoff during and after construction will be
maintained on the site and not permitted to drain to the river.
4. Work in the Public Right-of-way - Given the continuous problems of unapproved work and
development in public rights-of-way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights-of-way, parks
department (920-5120) for vegetation species and for public trail disturbance, and
streets department (920-5130) for mailboxes, street and alley cuts, and shall obtain
permits for any work or development, including landscaping, within public rights-
of-way from the city community development department.
99M81
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MEMORANDUM
TO:
Julie Ann Woods, Community Development Director
FROM:
Sarah Oates, Planning Technician
RE:
Hazen Stream Margin Exemption-1210 Red Bntte Drive
DATE:
June 7,1999
SUMMARY:
Brian Hazen, owner, has applied for an exemption from the Stream Margin
Review to enclose an existing deck for the purpose of adding a bedroom and
family room on the west side of the house. The addition is 327 square feet, which
is an 8% increase in floor area. Another proposed addition on the south side will
require a Stream Margin Review.
ApPLICANT:
Brian Hazen. Represented by Stan Mathis.
LOCATION:
1210 Red Butte Drive.
ZONING:
R-15. Moderate-Density Residential.
REVIEW PROCEDURE:
Development that meets the criteria in Exhibit "A" may be approved by the
Community Development Director.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." The
application has been included as Exhibit "B."
RECOMMENDATION:
Staff recommends the Community Development Director approve this Stream
Margin Exemption with the following conditions:
I. The development may occur as represented in this application.
2. The proposed work is outside of the 100 year floodplain.
3. Prior to construction, the applicant shall obtain all necessary permits from the Building
Department as required.
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4. Prior to submitting an application for a building permit, the applicant must prepare a drainage
plan that demonstrates that runoff during construction will be maintained on the site and not
permitted to drain to the river.
5. Prior to application for a building permit, the owners shall grant a fisherman's easement
across their property within five (5) feet of the high water mark for fishing purposes.
6. If the newly enclosed area plus the area of the exiting structure exceeds 5,000 square feet, the
newly enclosed area may be required to be sprinkled. The plans will be reviewed with the
Fire Marshall at the time of application for a building permit.
7. Given the continuous problems of unapproved work and development in the public rights-of-
way adjacent to private property, we advise the applicant as follow:
The applicant must received approval from City Engineering for design of
improvements, including landscaping, within the public rights-of-way, Parks Department
for vegetation species and for public trail disturbance, and Streets Department for
mailboxes, street and alley cuts, and shall obtain permits for any work or development,
including landscaping, within public rights-of-way from the Community Development
Department.
ApPROVAL
I hereby approve this Stream Margin Exemption for an addition to the Hazen residence,
1210 Red Butte Drive, with the above conditions listed 1-7.
date
Julie Ann Woods, Community Development Director
ACCEPTANCE:
I, as a person being or representing the applicant, do hereby understand and agree to
the conditions of this approval and certify the information provided in this
application is correct to the best of my knowledge.
Brian Hazen, owner.
date
ATTACHMENTS
Exhibit A-Staff Comments
Exhibit B-Application
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EXHIBIT A
STAFF COMMENTS:
Section 26.68.040(C) Exemption. The expansion, remodeling, or reconstruction of an existing
development shall be exempt from stream margin review if the following standards are met:
1. The development does not add more than ten (10) percent to thejloor area
of the existing structure or increase the amount of building area exempt from
jloor area calculations by more than twenty-five (25) percent.
Staff Finding: The proposed addition is 327 square feet, an 8% increase in floor
area.
2. The development does not require the removal of any tree for which a
permit would be required pursuant to Section 13.20.
Staff Finding: No trees will be removed.
3. The development is located such that no portion of the expansion,
remodeling or reconstruction will be any c/oser to the high water line than is the
existing development.
Staff Finding: The expansion will not be any closer to the high water line than
the existing development.
4. The development does not fall outside of an approved building envelope if
one has been designated through a prior review.
Staff Finding: The proposed enclosure does not fall outside the existing building
envelope.
5. The development is located outside of the special jlood area and more than
one hundred (100) feet measured horizontally from the mean high water line of
the Roaring Fork River and its tributary streams, or the expansion, remodeling
or reconstruction wili cause no increase to the amount afground coverage of
structures within the special jlood hazard area.
Staff Finding: The development meets the second standard.
6. All exemption are cumulative. Once a development reaches the totals specified in Section
26.68.040. C.1, a stream margin review must be obtained pursuant to Section 26.68. 040.B.
Staff Finding: This exemption does not exceed the totals specified in Section
26.68.040.C.l.