HomeMy WebLinkAboutLand Use Casecoa.lu.sm.731 Bay St.A026-03
CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A026-03
2737-073-11001
Fullerton Stream Margin Review
731 Bay Street
James Lindt
Stream margin Review
Richard Fullerton
Alan Richman
06/30/03
APPROVED W/COND
07/08/03
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SILVIO DOVIS PITKIN COUNTY CO R 41. 00 0 0.00
MEMORANDUM
TO:
Julie Ann Woods, Community Development Director
FROM:
James Lindt, Planner elL.
RE:
731 Bay Street Stream Margin Review
DATE:
June 4, 2003
ApPLICANTS:
Richard B. Fullerton, represented by Alan Richman Planning Services
LOCATION:
731 Bay Street (Lots 10, 11, and 12 of the Oklahoma Flats Subdivision)
ZONING:
R-30 PUD
REVIEW PROCEDURE:
A stream margin review may be approved, approved with conditions, or denied by the
Community Development Director, pursuant to Section 26.435.040(C), Stream Margin
Review.
BACKGROUND:
Richard B. Fullerton ("Applicant"), represented by Alan Richman is requesting a stream
margin review approval to extend his existing deck to the north by approximately 130 square
feet and to do some cosmetic changes to the existing residence at 731 Bay Street. The
existing single-family residence is located within the 100-year floodplain and was
constructed pursuant to a stream margin review approval that was obtained in 1986.
DESCRIPTION OF PROPOSAL:
The Applicant is requesting approval to expand his existing deck by 128 square feet and
extend it to the north into the side yard setback by approximately thirteen (13) feet. The
proposed deck extension and hot tub is not to exceed thirty (30) inches above or below
natural grade within the setback and is proposed as shown in the photo below.
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In addition to the proposed deck expansion, the Applicant would also like to make some
exterior alterations to the existing residence. These proposed alterations include
removing two large trellis-like features that exist on the rear deck and replacing some
existing windows with larger windows on both the north and south elevations. The
proposed alterations will not add any square footage that counts towards the property's
allowable FAR because the deck extension is proposed at grade, which exempts it from
FAR calculations.
STAFF COMMENTS:
In reviewing the proposed request, staff does not believe that the application will disturb any
native riparian vegetation in which the stream margin review process was enacted to protect.
The proposed deck extension does not require the removal of any trees and is located on an
area that has been planted with non-native bluegrass. Moreover, the new deck area proposed
is located further from the river at every point than the existing deck. Therefore, staff
believes that the proposed deck extension will have a negligible impact on the stream margin
area.
The Applicant has proposed to designate a building envelope on the property that would
encompass the existing residence, existing deck, and the proposed deck. Staff does not
believe that a building envelope is appropriate for the site in that it is already improved from
property line to property line with non-native vegetation that would not be allowed outside of
a building envelope. Therefore, staff recommends that the city setback regulations remain in
affect on the property rather than establishing a building envelope.
CONDITIONS OF APPROVAL:
It has been required that the Applicant provide the Community Development Engineer
with a letter from a licensed engineer certifying that the expanded deck area will not
increase the base flood elevation on the property. This letter shall be submitted at the
time of building permit submittal. The Applicant has also consented to granting
fisherman's easement to the City of Aspen as is represented on the site plan that is
attached in Exhibit "B".
Staff is also requiring that the Applicant hold harmless and indemnify the City of Aspen
and the Aspen Consolidated Sanitation District for any damages or losses to the existing
deck located in the sewer easement that may occur as a result of any required
maintenance or upgrades to the existing sewer line or the installation of a new sewer line.
The above-mentioned sewer easement is located on the eastern extent of the property.
Additionally, staff has proposed a condition of approval that requires all exterior lighting
to comply with the City of Aspen Lighting Code.
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RECOMMENDATION:
Staff believes that the proposed application meets the review standards for approving an
administrative stream margin review. Therefore, staff recommends that the Community
Development Director approve the proposed stream margin review request to allow for the
128 square foot addition to the existing deck as is depicted on the site plan in the application
attached as Exhibit "B". In addition, staff recommends that the Community Development
Director approve the minor exterior alterations to the existing residence that are illustrated in
the elevation drawings that are attached in Exhibit "B".
ApPROVAL:
I hereby approve this administrative stream margin review to allow for a 128 square foot
deck addition as is depicted on the site plan that is attached as Exhibit "B" and minor
exterior alterations as are illustrated in the elevation drawings that are attached in Exhibit
"B", with the following conditions
1. The Applicant shall submit a completed floodplain permit that is signed by a
licensed engineer prior to building permit issuance. The Applicant shall also
submit a letter from a licensed engineer prior to building permit issuance
certifying that the proposed deck will not increase the base flood elevation on
the property.
2. All exterior lighting shall be downcast and meet the City of Aspen Lighting
Code pursuant to Land Use Code Section 26.575.150,
3. The Applicant shall submit proof of flood insurance on the existing residence
prior to building permit issuance for the deck expansion.
4. The Applicant shall indemnify and hold harmless the City of Aspen and the
Aspen Sanitation District for any losses or damages to the deck that exists in the
sewer easement (12' wide easement along the eastern property line) as a result
of required maintenance and/or replacement of the sewer line within said
easement. The Aspen Sanitation District shall also have unrestricted ingress and
egress to do maintenance and/or replacement of the sewer line within the
abovementioned sewer easement.
5. The Applicant shall erect construction fencing along the southern edge of the
existing deck throughout the entire width of the property and contain the area of
disturbance to the north of this construction fencing. The Applicant shall
maintain the construction fencing throughout the construction process until a
certificate of occupancy is obtained.
6. The proposed deck expansion and new hot tub shall not exceed thirty (30)
inches above or below natural grade within the R-30 (Low-Density Residential)
Zone District's required ten (10) foot side yard setback. Additionally, as part of
the building permit application the Applicant shall demonstrate that the deck
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expansion will not exceed thirty (30) inches above finished grade within five (5)
feet of the edge of the deck on all sides, If the deck addition exceeds thirty (30)
inches above finished grade within five (5) feet of the deck, a handrail will be
required and a dimensional requirements variance will be needed.
7. The proposed hot tub shall not be drained to the south of where it is to be
located. In addition, the proposed hot tub shall be drained entirely on the
Applicant's property.
8. The Applicant shall record a Fisherman's easement agreement at the Pitkin
County Clerk and Recorder's Office that grants the City of Aspen a Fisherman's
easement running the width of the property from the centerline of the river to
southern property boundary as is shown on the site plan that is attached in
F<O.' /~xhfuit "B".
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4 2003
date (;,/"1/03
Ann Woods, Community Development Director
OU""".v",,,I ,v,,,.__ :.tNTDIRECTOR
OilY OF ASPEN
ACCEPTANCE:
I, as a person being or representing the Applicant, do hereby agree to the conditions of this
approval and certify the information provided in t . app" cation is correct to the best of my
knowledge. date ~~3
Owner or Authorized Representative
ATTACHMENTS:
Exhibit A n Review Criteria and Staff Findings
Exhibit B -- Application
Exhibit C n Referral Comments
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REVIEW CRITERIA & STAFF FINDINGS
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STREAM MARGIN REVIEW STANDARDS
The proposed development is located within an environmentally sensitive area described as a
Stream Margin and is subject to Stream Margin Review Standards. No development shall be
permitted within the Stream Margin unless the Community Development Director makes a
determination 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 of Colorado 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.
Staff Finding
Staff believes that the proposal to add 128 square feet of deck area to the property will not
increase the base flood elevation on the property. Nonetheless, staff has proposed a
condition of approval that requires the Applicant to obtain a letter from a licensed engineer
prior to building permit issuance that certifies that there will be no increase in the base flood
elevation on the property. Staff finds this criterion to be met if Condition of Approval No.1
is adhered to.
2. The recommendations of the Aspen Area Community Plan:
Parks/Recreation/Open Space/Trails Plan 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 to the greatest extent possible via a
recorded "Fisherman's Easement."
Staff Finding
The Applicant has proposed to grant a Fisherman's easement from the centerline of the river
to the southernmost property line as is shown on the site plan that is attached in Exhibit "B".
Therefore, staff believes that the proposal meets the recommendations of the
Parks/Recreation/Open Space/Trails Plan in the AACP. Staff finds this criterion to be 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
recorded on a plat pursuant to Section 26.435.040(F)(1).
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Staff Finding -- ~~ ~-~--~~ ~
The Applicant has proposed to designate a building envelope on the property that
encompasses the existing residence, existing deck, and the proposed deck. Staff does not
believe that a building envelope is appropriate for the site in that it is already improved from
property line to property line with non-native vegetation that would not be allowed outside a
building envelope. Therefore, staff recommends that the city setback regulations remain in
affect on the property rather than establishing a building envelope. In addition, staff is
requiring that the Applicant fence off the deck throughout the construction process. Staff
finds this standard to be met.
4. The proposed development does not pollute or interfere with the natural
changes of the river, stream or other tribntary, 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.
Staff Finding
The proposal does not interfere with or pollute the Roaring Fork River. Additionally, staff is
requiring that the Applicant not drain the hot tub south of the proposed hot tub location to
insure that the water does not end up in the river. Staff is also requiring that the Applicant
submit a letter from a licensed engineer that certifies that there will be no increase in the base
flood elevation on the parcel as a result ofthe proposal. Staff finds this standard to be met.
5. Written notice is given to the Colorado Water Conservation Board prior to
any alteration or relocation of a watercourse, and a copy of said notice is
submitted to the Federal Emergency Management Agency.
Staff Finding
The Applicant is not proposing to alter the watercourse in any way. Staff finds this standard
to be met.
6. A guarantee is provided in the event a watercourse is altered or relocated,
that applies to the developer and his heirs, successors and assigns that
ensures that the flood carrying capacity ou the parcel is uot diminished.
Staff Fiuding
The Applicant is not proposing to alter the watercourse in any way. Staff finds this standard
to be met.
7. Copies are provided of all necessary federal and state permits relating to
work within the one-hundred-year floodplain.
Staff Finding
The Community Development Engineer has determined that the proposed work is exempt
from requiring state and federal permits because it is a minor improvement to an existing
structure. Staff finds this standard to be met.
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SILVIA DAVIS PITKIN COUNTY CO R 41.00 D 0.00
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8. There is no development other than approved native vegetation planting
within fifteen (15) feet back 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.
Staff Finding
The Applicant is not proposing to extend the structure any closer to the river than already
exists. Thus, staff does not believe that the proposal is inconsistent with the intent of this
standard in that no existing riparian vegetation is to be removed. The land where the deck
and hot tub are proposed already consists of non-native grasses. Staff finds this standard to
be 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".
Staff Finding
The existing residence is already located within fifteen (15) feet of the river's top of slope as
was determined by the City of Aspen's Top of Slope Map that was prepared by Sopris
Engineering. Staff believes that because the deck addition and the exterior alterations to the
existing structure do not increase the structure's height and do not add on to the riverside of
the structure, this standard is not applicable to this specific proposal.
10. All exterior lighting is low and downcast with no Iight(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.
Staff Finding
Staff has proposed a condition of approval that requires all of the exterior lighting to meet the
City of Aspen Lighting Code pursuant to Land Use Code Section 26.575.150. Staff finds this
standard to be met.
11. There has been accurate identification of wetlands and riparian zones.
Staff Finding
Staff believes that the area of land proposed to contain the deck expansion is neither a
wetland nor a preserved riparian zone. The land where the deck expansion is proposed
contains non-native grasses. Staff finds this standard to be met.
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CHARLES CUNNIFFE ARCHtTECTS
www.cunniffe.c.om
731 BAY STREET
ASPEN, COLORADO
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SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 0.00
FISHERMAN'S EASEMENT AGREEMENT
THIS FISHERMAN'S EASEMENT AGREEMENT is made and entered into
as of June ~~, 2003 ("Agreement") by and between: Richard B. Fullerton ("Fullerton"),
and The City of Aspen, Colorado, a home rule municipal corporation (the "City").
RECITALS
A. Fullerton is the owner of that certain real property legally described as:
Lots 10, 11, and 12, Block 2, Oklahoma Flats addition to the City and
Townsite of Aspen, County of Pitkin, State of Colorado (the "Property");
and
B. Fullerton desires to grant to the City a perpetual fisherman's easement and
right of way within the area between (a) the southern boundary line of the
Property and (b) the center line of the Roaring F ark River (the "Easement
Area"), and the City desires to accept such easement, on the terms and
conditions set forth herein.
Now, therefore, in consideration of the sum ofTen Dollars ($10.00) in hand paid,
and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged and confessed, the parties agree as follows:
1. Grant of Easement. Fullerton hereby grants and dedicates to the use of the
general public, for fishing purposes only, a perpetual non-exclusive easement
and right-of-way over and across the Easement Area. Specifically, said
easement shall permit the public to walk and fish within the Easement Area,
and no other uses are granted by this instrument. Notwithstanding the
foregoing, however, the parties hereto agree that: (a) Fullerton retains onto
himself (and his successors and/or assigns) the right to use and enjoy the
Easement Area for all purposes which do not interfere with the easement
rights created hereby: (b) nothing contained herein shall be deemed to grant to
the public (or any other party) any rights to use any portion of the Property
except for the Easement Area; and (c) Fullerton does not represent and/or
warrant that he has title to the Easement Area, and no such representation or
warranty is implied hereunder.
2. Priority. The rights and privileges granted by this Easement are subject to
prior agreements, easements, and conveyances, whether recorded or
unrecorded. Fullerton represents that he has no knowledge of any recorded or
unrecorded agreements, easements or conveyances with respect to the
Easement Area which would preclude use of the Easement Area for a
fisherman's easement as contemplated herein.
3. Indemnification. It is the intention of the parties hereto to make the
Easement Area available to the public for fishing purposes without charge,
and to limit any potential liability to Fullerton that may arise from the use by
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SILVI~ D~WlS P1TKIN_~~U~~_Y CO _ _ ___
the public of the fisherman's easement granted hereunder. Accordingly, the
City hereby agrees, to the extent permitted by law, to indemnify, defend, and
hold Fullerton harmless from and against any claims, lawsuits, judgments,
awards, costs, or expenses (including, without limitation, court costs and
reasonable attorneys fees) that may arise from or relate to any use by the City
or the public of the Easement Area. Nothing contained herein shall constitute
a waiver of the City's rights as provided in CRS Section 24-10-101, et. seq.
4. Run With the Land. All the provisions of this Agreement, including the
benefits and burdens created thereby, shall run with the land and shall be
binding upon, and inure to the benefit of, the parties hereto and their
respective personal representatives, heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties have signed this instrument the day and year first
written above.
RICHARD B. FULLERTON
~
CITY OF ASPEN
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The foregoing instrument was acknowledged before me thisc?5 day of
June, 2003, by Richard B. Fullerton.
Witness my hand and official seal.
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By:
Page 3
Brian Flynn, 08:52 AM 06/30/2003, Fwd: Re: Fwd: Fisherman's Easement Question
("'t) (1'
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Page 1 01'2
X-Sender: brianf@commons
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Date: Mon, 30 Jun 2003 09:52:54 -0500
To: jamesl@ci.aspen.co.us
From: Brian Flynn <brianf@ci.aspen.co.us>
Subject: Fwd: Re: Fwd: Fisherman's Easement Question
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Yes, we do, thanks.
Did you ever track down any type of map or other thing which can identify where all of our fishing
easements are located.
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Date: Mon, 30 Jun 2003 09:48:42 -0600
To: Brian Flynn <brianf@ci.aspen.co.us>
From: Stephen Ellsperman <stephene@ci.aspen.co.us>
Subject: Re: Fwd: Fisherman's Easement Question
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Sounds good to me.
At 09:46 AM 6/30/2003 , you wrote:
Guys please confirm for me that we accept fishing easements to the centerline of the river. thanks
X-Sender: jamesl@comdev
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Date: Mon, 30 Jun 200309:33:17 -0600
To:. brianf@ci.aspen.co.us
From: James Lindt <jamesl@ci.aspen.co.us>
Subject: Fisherman's Easement Question
Cc: austinw@ci.aspen.co.us
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Hi Brian,
Thanks for asking around about the question I had on Fisherman's easements. I wanted to make
sure you understand my question. A guy on Bay Street has consented to give us a Fisherman's
Easement in conjunction with a stream margin review application to add on to his deck. The
Fisherman's easement would be part in the river and part out of the river because he owns to the
centerline of the river pursuant to the state statutes. Nick Adeh wanted me to verify that it is Okay
with you guys that part of the easement is below the water line. I have looked at some previous
fisherman's easement agreements and it appears that other have been done to the centerline of the
stream as well. Please e-mail me confirmation that this alright so that we can accept the easement.
Printed for James Lindt <jamesl@ci.aspen.co.us>
06/30/2003
Brian Flynn, 08:52 AM 06/30/2003 , Fwd: Re: Fwd: Fisherman's F.i.<lsement Question
_ f;'
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Thanks,
James
Brian Flyrm, Parks & Open Space Coordinator
130 South Galena St Aspen, CO 81611 970-920-6011(P) 970-920-5128(F)
Stephen Ellsperman
Deputy Parks and Open Space Director
email: stephene@ci.aspen.co.us
phone: 970-920-60 I 0
City of Aspen Parks and Recreation Department * 130 South Galena Street Aspen, CO 81611 * (970)-920-5120
rian Flynn, Parks & Open Space Coordinator
30 South Galena St Aspen, CO 81611 970-920-6011(P) 970-920-5l28(F)
Printed for James Lindt <jamesl@ci.aspen.co.us>
Page 2 01'2
06/30/2003
tbracewell@aspensan.com. 03:06 PM 06/27/2003,731 Bay St. E~~ents
('\:
From: tbracewell@aspensan.com
Reply-To: <tbracewell@aspensan.com>
To: "James Lindt" <jamesl@ci.aspen.co.us>
Subject: 731 Bay St. Easements
Date: Fri, 27 Jun 2003 15:06:10 -0600
Organization: ACSD
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James,
The Aspen consolidated Sanitation District is comfortable with the fisherman's easement overlapping the
sanitation district's easement on the 731 Bay SI. property as you have described. .
Printed for James Lindt <jamesl@ci.aspen.co.us>
Page 1 of 1
06/27/2003
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May 12, 2003
Mr. James Lindt, Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: FULLERTON STREAM MARGIN REVIEW APPLICATION
Dear James,
This is an application for stream margin review approval to make some minor cosmetic
modifications to the existing single family residence located on Lots 10, 11, and 12, Block
2 of the Oklahoma Flats Subdivision, City of Aspen, more commonly known as 731 Bay
Street. The property consists of approximately 12,432 square feet of land, and is zoned R-30
(PUD), making it a nonconforming-size lot otrecord.
This application is being submitted by Richard B. Fullerton, the owner of the property
(hereinafter, "the applicant"). Proof of the ownership of the property is provided l?Y Exhibit
#1, the special warranty deed. Authorization for Alan Richman Planning Services to
represent the property owner for this application is provided by Exhibit #2,
A pre-application conference was held with you on 3/20/03 and a follow-up discussion was
held on 5/6/03 (see Exhibit #3, Pre-Application Conference Summary). Based on these
discussions, you confirmed that although the proposed development is quite minor, it is not
eligible for a stream margin exemption. Therefore, it was determined that this application
would be subject to administrative review, Following below is a description of the proposed
changes that would be made to the residence, followed by a response to the standards for
stream margin review, demonstrating that this application qualifies for this type of approval.
Description of Proposed Changes to Residence
The existing residence on the property was built in the late 1980's. It was developed
pursuant to the original stream margin approval granted to this property by the Planning and
Zoning Commission on November 18, 1986. The applicant has reviewed the file for this
application located in the City .Clerk's office (see the file for the Gross Stream Margin
Review). There were no documents that were required to be recorded to finalize this
approval. However, a copy of the staff summary of the conditions applicable to this
property is attached hereto as Exhibit #4.
,..."
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Mr. James Lindt
May 12, 2003
Page Two
The applicant proposes to make the following minor changes to the existing residence.
These changes are depicted in the architectural drawings that accompany this application,
1. There are two large trellis-like features that are located on the deck that faces the
Roaring Fork River. These open structures are to be removed from property. The
applicant does not propose to replace these features with new structures.
2, The applicant proposes to modify the existing deck. As shown on the existing site
plan, the deck extends out from the rear of the house for almost the entire width of
the property. The deck is built at grade, It contains several steps that lead up to the
house and a hot tub.
The stream margin review site plan shows the changes that are proposed to be made
to the deck. A new, wider set of stairs are planned into the house, and the hot tub
would be moved from the eastern to the western side of the property. An addition
will be made to the deck (approximately 128 sq. ft.) along the side of the house and
a new hot tub will be installed into the deck. The deck and hot tub will both be built
less than thirty inches (30") above grade, as required by the City Code for projections
into required yards, The proposed development will not extend the deck any further
toward the Roaring Fork River than is the existing deck.
3. The applicant proposes minor changes to the house facade. Although these changes
are not pertinent to the stream margin review application, since they are shown on
the elevations that are included in this application, they are also being described
herein. No changes are planned which would alter the overall mass of the structure
or which would increase its floor area.
A comparison of the existing and proposed south elevations shows that a tall window
will be removed and replaced with a new window, and several other windows will also
be replaced. On the street-facing facade (north elevation), the applicant will also
replace a tall window and will make other minor cosmetic exterior modifications that
will improve the residential appearance of the house, Several minor window changes
are also shown on the east and west elevations.
Response to Criteria for Stream Margin Review
Because the applicant proposes development that is located within 100' of the high water
line and is within the 100 year floodplain of the Roaring Fork River, this development is
subject to stream margin review, The standards for stream margin review are found in
Section 26.435.040 C. of the Aspen Land Use Code, The applicant's responses to these
standards are as follows:
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Mr. James Lindt
May 12, 2003
Page Three
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 of Colorado 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.
Response: The only aspect of the proposed development activity that could potentially have
any effect on the base flood is the proposed addition of the deck along the west side of the
house. The applicant has not conducted a new floodplain study for this application. Instead,
the applicant has reviewed the floodplain study submitted with the 1986 stream margin
application. A copy of this study is attached hereto as Exhibit #5, This study demonstrated
that although the entire property is located within the 100 year floodplain, the proposed
house and deck would not increase the base flood elevation. The applicant believes that if
it was determined that the original construction would not increase the base flood elevation,
then this small deck addition, which is being built further away from the River than the
original deck, will also not increase the base flood elevation.
2. The recommendations of the Aspen Area Comprehensive Plan: Parks/Recreation/Open
Space/Trails Plan and the Roaring Fork 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 fishennan's
easement granting public fishing access within the high water boundaries of the river
course shall be granted via a recorded "Fisherman's Easement",
Response: The Roaring Fork Greenway Plan recommends that trees not be cut along the
Roaring Fork River, that the River not be filled in, and its banks not be graded. None of
these activities will be necessary to accomplish the proposed development.
There are no trail recommendations. from the AACP that need to be accommodated through
this property.
lithe City so requires, the applicant will grant a fisherman's easement for public fishing
access within the high water boundaries of the River course,
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 barricaded prior to issuance of any
demolition, excavation or building permits, The barricades shall remain in place until
the issuance of Certificates of Occupancy.
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Mr. James Lindt
May 12, 2003
Page Four
Response: The proposed development will not involve the removal of stream bank
vegetation, nor will stream bank slope grade changes be made.
The applicant has designated a building envelope on the proposed site plan, On the River
side of the property, the boundary of the building envelope coincides with the edge of the
existing deck. The applicant will install a barricade around the proposed building envelope
to prevent disturbance of the rest of the site and will leave that barricade in place until a
certificate of occupancy is issued for the development.
4. The proposed development does not pollute or interfere with the natural changes of the
river, stream or other tributary, including erosion and 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.
Response: This minor development activity will not interfere with or change the River
course, nor will it cause pollution of the Roaring Fork River. There will be no changes to
the existing grade of the property, nor new paved areas developed.
Drainage from the addition to the deck will remain on the site and will not be routed toward
the River. The hot tub will be drained within the building envelope,
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.
Response: No such alteration or relocation is proposed, so no written notice is required.
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.
Response: Since no alteration or relocation is proposed, no guarantee is required,
7, Copies are provided of all necessary federal and state permits relating to work within the
one hundred (100) year floodplain.
Response: If any such permits are required, copies will be provided to the City at the time
of building permit review.
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Mr. James Lindt
May 12, 2003
Page Five
8. There is no development other than approved vegetation planting taking place below the
top of slope or within 15 feet of the top of slope or the high waterline, whichever is most
restrictive. This is an effort to protect existing riparian vegetation and bank stability.
9. All development outside the 15 foot setback from the top of slope does not exceed a
height delineated by a line drawn at a 45 degree angle from ground level at the top of
slope. Height shall be measured and determined by the Community Development
Director, utilizing the definition of height set forth at Section 26.04.100 and method of
calculating height set forth at Section 26.575.020,
Response: The existing house was built before these standards were adopted by the City.
Therefore, the existing development is not consistent with these standards, However, the
applicant would point out that the addition to the deck is proposed to be built further back
from the River than where the existing deck is located. Furthermore, the applicant proposes
to remove the two trellis-like features at the rear of the house, which will lessen the amount
of structure that protrudes into the setback area. Therefore, no additional development is
proposed that would be inconsistent with these standards,
10. A landscape plan is submitted with all development applications. Such plan shall limit
new plantings (including trees, shntbs, flowers and grasses) outside of the designated
building envelope on the river side to native riparian vegetation.
Response: This property is already well landscaped, since it has been developed for many
years. Furthermore, the development proposed by the applicant is not expected to alter any
of the existing landscaping on the property (other than the small area of grass that would
be covered by the addition to the deck), If any existing landscaping on the property is
damaged during construction, the applicant will replace it with similar native vegetation,
Given these facts, the applicant has not produced a separate "landscape plan". Instead, the
site plan contains a note that states: "No trees shall be disturbed. No grades shall be
changed. Any vegetated areas outside of the perimeter of the building footprint that are
disturbed shall be replaced with native grasses, shrubs, or trees." These statements represent
the applicant's landscaping commitments/landscape plan.
11. All exterior lighting is low and downcast, with no lights directed toward the river or
located down the slope and shall be in compliance with Section 26.575,150,
Response: The applicant agrees to comply with these standards. Existing lighting along the
edge of the deck is subdued lighting that is 12" in height or less. Any new lighting that may
be installed shall be of a similar height, and shall be downcast.
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Mr. James Lindt
May 12, 2003
Page Six
The applicant will also ensure that light from the inside of the home is not directed toward
the River, and that no lighting anywhere on the property is used to spotlight the River.
Existing windows in the house all have appropriate coverings, and shades will be installed
in any new windows, to ensure night lighting does not become a nuisance or detract from
the natural River environment.
12. Site sections drawn by a registered landscape architect or engineer are submitted showing
all existing and proposed site elements, the top of slope and pertinent elevations above
sea level.
Response: Since this house was built before the top of slope requirements were established,
and since the applicant is not proposing any increase to the mass of the house, the applicant
has not submitted these site sections. If the staff determines that these sections are
necessary, the applicant will submit such a drawing.
13. There has been accurate identification of wetlands and riparian zones,
Response: This is a developed property and we are not aware of any wetland or riparian
areas on the site.
Vested Rights
Pursuant to Section 26.308 of the Aspen Municipal Code, the applicant hereby requests that
this development be granted vested rights status,
Conclusion
The applicant has responded to the applicable standards of the Aspen Land Use Code
applicable to the project, pursuant to direction given by the Community Development
Department during pre-application meetings. Sufficient evidence has been provided of the
project's compliance with said standardS and the applicant has made commitments in order
to ensure that the proposed development will mitigate all of its impacts. If you require any
additional information, or clarification of the statements made herein, please feel free to ask
and we will respond in a timely manner.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
~~
Alan Richman, AICP
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EXHIBITS
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. EXHIBIT #1
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CITY OF ASPEN
WREn' PAID
DATE ReP NO.
Y!r)31?7 H /Y2u3
~;rry OF ASPEN
HREn' PAlO
OATE REP NO.
56/%'3 P<<t #. / J'z 0 3,
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L.{ 70.00
WHEN RECORDED RETURN TO:
Name:
Address:
Millard Zimet
604 West Main Street
Aspen, CO 8]611
111111/ filii 111111 111111'111111111 11111111 11/1111111111. ~~:~~::! i0 :041
SILVIO DAVIS PITKIN COUNTY CO R 21.00 D 470,00
~~
.......-
SPECIAL WARRANTY DEED
THIS DEED, made this 4th day of April, 2003, between Gail M. Gross of the said County of
Harris and State of Texas, grantor, and Richard B. Fullerton whose legal address is 731 Bay
Street Aspen, CO 81611 of the said County of Pitkin and State of Colorado, grantee:
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WITNESS, that the grantor, for and in consideration of the sum ofTen dollars and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
. granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey
and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with
improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado
described as follows:
Lots 10, 11, and ]2, Block 2, OKLAHOMA FLATS ADDITION TO THE CITY AND
TOWNSITE OF ASPEN
COUNTY OF PITKIN, STATE OF COLORADO.
also la10wn by street and number as: 731 Bay St., Aspen, CO 816 J 1
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and 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. The grantor, for himself, his heirs,
and personal representatives or successors, do covenant and agree that he shall and will
WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peacable
File' Number: 40785
Sll..'Wlrt Title of Aspen, Inc.
Special Warranty Deed (Individual)
Page 1 of2
480980
TRANSFER DECLARATION RECEIVED 04/04/2003
'''---'--.
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possession of the grantee, his heirs and assigns, against all and every person or persons claiming
the whole or any part thereof, by, through or under the grantor,. except for those specific
exceptions attached hereto on Exhibit 1. The singular number shall include the plural, the plural
and the singular, and the use of any gender shall be applicable to all genders,
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
1
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Gail M. Gross
I Illlmlll IllllI 111111 11111 lllll 1111 1111111111 ~;~~~:! 10 :04~
SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 470.llfl
STATE OF Texas
COUNTY OF Harris
The foregoing instrument was acknowledged before me this
,;((j)c3 , by Gail M. Gross
My commission expires .:( / ~ /05
,
3/0./..- day of l1/llfc If
. Witness my hand and official seal,
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Notary PUblic:
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. MAAILYN G ,SIKE
, :~: . t-blotyPubllo,_,,-.
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File Number: 40785
Stcwan Title of Aspen. Inc.
Special Warranty Deed (lndividUaI)
Page 20f2
...----.
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1111111111111111111111111111111111111111111111111111111 ~~~~~:~ ~e :e~~
SILVIA DAVIS PITKIN COUNTY CO R 21.88 0 -470.'1
EXHIBIT 1
EXCEPTIONS
1. Distribution utility easements (inCluding cable TV).
2. Those specifically described rights of third parties not shown by the public records of which
Buyer has actual knowledge and which were accepted by Buyer in accordance with
paragraph 8b of contract Form No. CBS 1-9-99 [Matters Not Shown by the Public Records].
3, Inclusion of the Property within any special taxing district.
4. The benefits and burdens of any declaration and party wall agreements, if any.
5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the
issuance thereof; water rights, claims or title to water.
6. Taxes for the year 2003 and subsequent years not yet due and payable.
7. Reservations by the United States Government as set forth substantially as follows: FIRST:
That the premises hereby granted, WITH THE EXCEPTION OF THE SL"RFACE may be
entered by the proprietor of any other vein, lode or ledge, the top or apex of which lies
outside of the boundary of said granted premises, should the same in its dip be found to
penetrate, intersect or extend into said premises for the purpose of extracting and removing
the ore from such other vein, lode or ledge SECOND: That in the absence of necessary
legislation by Congress, the Legislature of Colorado may provide rules for working the
mining claim or premises hereby granted, involving easements, drainage and other necessary
means to its complete development as reserved in Patent recorded December ] 4, ] 900 in
Book 39 at Page 136 as Reception No, 65277.
8, Terms, conditions, obligations, provisions and easements of Deed of Easement from Frank
E. Johnson to Aspen Metropolitan Sanitation District as set forth in instrument recorded
November 26, ]969 in Book 244 at Page 683 as Reception No. 138071.
9. Terms, conditions, obligations and provisions of Deed of Easement from G, E. Buchanan
and Jean Frames Buchanan to Aspen Metropolitan Sanitation District as set forth in
instrument recorded November 26, ]969 in Book 244 at Page 686 as Reception No, 138074.
] O. Terms, conditions, obligations and provisions of Stipulation as set forth in instrument
recorded September 4, 1973 in Book 279at Page 509 as Reception No. 162170.
FiJe Number: 40785
Stewart Title of Aspen, Inc,
Warranty Deed - Exhibit 1. (Exc~tions)
Page 1 of2
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11, This policy does not insure title to land comprising the shores or bottoms of rivers and is
subject to any build up or loss of property along Roaring Fork River, caused by the processes
of accretion and reliction, or caused by man made changes in the flow of water or in the
course of the river bank or river channel; also subject to the free and unobstructed flow of
the water of said river, and recreational or other use thereof.
1111111111111111111111111111111111 111111111111111111111. ~~~~~:! ~ 0 : 0~
SILVIA DAVIS PITKIN coumy CO R 21. 00 D 470.00
File Number: 40785
Stewart Title of Aspen, Inc.
Warranty Deed - Exhibit 1 (Exceptioru)
Page 2 of2
--..-------------... . .__.~._,...- -.... ._,.
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EXHIBIT #2
Mr. James Lindt, planner
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: FULLERTON STREAM MARGIN REVIEW
Dear James,
1 hereby authorize Alan Richman Planning Services to act as my designated representative
with respect to the land use application being submitted to your office for my property,
located at 731 Bay Street. Alan Richman is authorized to submit a stream margin review
application for minor changes to the existing house on the property. He is also authorized
to represent me in meetings with City of Aspen staff and the City's review bodies.
Should you have any need to contact me during the course of your review of this application,
please do so through Alan Richman Planning Services, whose address and telephone Dumber
are included in the application.
Sincerely,
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Richard Fullerton
510 East Hyman Avenue, Suite 30
Aspen, Colorado 81611
970-925-9187
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EXHIBIT #3
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
James Lindt, 920.5095
731 Bay Street
Alan Richman
DATE: 517103
Stream Margin Review
Applicant would like to do some cosmetic alterations to the existing residence that will not push
any part of the structure closer to the stream. However, the Applicant has indicated that they
would like to extend their deck area, which increases the amount of ground coverage on the
property. Therefore, the proposal would not be eligible for a GMQS exemption.
Land Use Code Section(s)
26.435.040(C)Stream Margin Review
Review by:
Stafffor complete application, referral agencies for technical considerations, Community
Development Director for review.
No, unless the Community Development Director does not feel that the proposed application meets
the Stream Margin Review Criteria.
Engineering
Planning Deposit $525 for 2.5 Hrs of Planner Time (additional hours billed at $210.00 per hour)
Engineering Referral $185
$710
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
To apply, submit the following information:
L Total Deposit for review of application.
2. 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.
3. Signed fee agreement.
4. Pre-application Conference Sununary.
5. Land Use Application
6. Dimensional Requirements Fonn.
7. Written description of existing conditions and proposed alterations.
8. A site improvement survey and proposed site plan.
9. An 8 112" x II" vicinity map locating the subject parcels within the City of Aspen.
10. 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.
II Existing and Proposed Elevations
12. A copy ofthe recorded documents that affect the proposed development.
13. Proof of ownership.
14. Additional materials as required by specific review. Please refer to the application packet for specific submittal requirements or to the
code sections noted above.
-L Copies of the complete application packet (items J.l4)
Process:
Apply. Planner reviews case for completeness and sends to Development Review Committee (DRC) for tec!mical considerations. Planner writes
staff memo and recommendation and has Community Development Director Review for approval. If approved, Community Development
Department issues a development order. A Building Pennit then must be obtained prior to construction. The application may be taken to the
Planning and Zoning Commission if the Community Development Director.does'not feel that application meets the standards for a Stream Margin
Exemptioll.
Disclaimer:
The foregoing summary is advisory in natnre only and is not binding 011 the City. TIle sununary is based on current zoning, which is subjectto
change ill the future, and upon factual representations that mayor may 110t be accurate. TIle summary does not create legal or vested rights.
CASE DISPOSITION:
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EXHIBIT #4
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Ci ty Count j
.Reviewed by:
e)f\, r~ ::-,,{:r.~~~I~;I'W th, G'J..2 ('IiW"''';'t'\l'..",~
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1) The first floor elevation shall be raised five feet
abQve the average grade of the buil ding si te as shown
in the Elevation Certificate. The foundation shall be
constructed wi th openings to' allow for the unimpeded
movement of flood waters, as described in the Elevation
Certificate FEMA regulations, subject to approval of
construction drawings by the Engineering Department and
Planning Office prior to issuance of a Building Permit.
2) All existing trees shall be retained and there shall be
no change in the existing grade of the site, as'repre-
sented in the application. .
3)
The Army
determine
A copy of
required,
Department
a building
Corps of Engineers shall be consul ted to
whether a 404 or Nationwide permit is needed.
that permit or letter stating no permit is
shall be submi tted to the Engi nee ring
and Building Department prior to issuance of
permi t.
F:ev'i €l.oJ C d By:
Pispcn P&Z
, C .,
Cl. t~l OUnc1.~
/ SCHMUESER l~,,oN MEYER
EXHIBIT #5
1512 f-\ND AVENUE, SUITE 212
GLE'" JOD SPRINGS, COLORADO 81601
(303) 945-1004
October 29, 1986
D l!!@l!!OIWl!! n
CEral. U
Mr. Nicholas McGrath
600 East HOpkins, Suite 203
Aspen, Colorado 81611
Dear Nick:
As per the resul ts of the neeting with the City Eng ineering Staff, we
have re-ran the floodplain study for the Gross property.
~e information used in this run was obtained directly from the FDlA
Flood Insurance Study for the City of Aspen. Specifically, the
information (i.e., cross sections, manning roughness coefficients,
starting conditions and flows) was obtained directlyfram the HEC-2
runs as prepared by the Denver Engineering Corp:>ration (DEe) for the
flood insurance study. This information is on file at. the City of
Aspen.
~e conclusion of the results from this run is that there is 00 rise in
base flood elevation due to the construction of the proposed residence.
From my understanding of the outcome of our rreeting on October 23,
Cluck Ibth was more inte.rested in knowing the arrount of deplaced water
due to developnent. The HEC-2 run, as previously stated, confirms that
there will be 00 increase in base flood elevation; thus, there is 00
displaced water due to developnent.
Also, Mr. Ibth was interested in kOOwing the elevation of the floor of
the proposed residence. Based upon the results of the study at the
east side of the house, this elevation should be 00 less than 7872.21
which is t't.O feet higher than the floodplain elevation at this loca-
tion. I have submitted a sketch of the Oklahoma Flats area with the'
floodplain boundary drawn on it. This sketch is traced fram a 1: 400
scale map by Cooper Aerial Surveys.
I hope this information and the results from this run clear up the
matter as to ~'e location of ~~e floodplain.
Your cornnents and questions are welcome.
Sincerely,
INC.
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MAPS AND DRAWINGS
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fLOQDJl-AIN PERMIT
CITY OF ASPEN, COLCORADO ENGINEERING DEPARTMENT
FORM ENG-220
'~,
DATE
PERMIT NUMBER
TEL. NUMBER
PARCEL NUMBER
OWNER
ADDRESS
PROJECT LOCA TIONIDIRECTIONS
PROJECT DESCRIPTION
Single Family Residence
New Construction
Channelization
Multi-Family Residence
Substantial improvement
to exist. structure(>50%)
Minor improvement to
exist. structure(<50%)
Rehabilitation
Fill
Manufactured/Mobil Home
Bridge/Culvert
Non-Residential
Levee
( "~
Other/Explanations
Project Design Engineer's Name & Colorado P,E. License #
Project Surveyor's Name & Colorado PLS License #
FLOOD HAZARD DATA
Watercourse Name
This project is proposed in the
Flood Fringe
Base (1 DO-year) fiood elevation at project site
Elevation required for lowest fioor
I Flood proofing
Snllr~p nn~llmpnt/Rpnnrt/M~n~
DONOT WIRTE BELOW THIS LINE, FOR CrTYUSE ONLY
DESCRIPTION OF SUPPORT DATA AND DOCUMENTS
Approved
Permit Validation Date:
CITY ENGINEER
Through
ENG.220
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Aereement for Pavment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and Q.. '\. '- '^.Mt 0 ~ -..A\ \~.\-.."
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1.
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. 57 (Series of 2000)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination 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 permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings 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 WilI be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the PlaIlJling Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings 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 determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ ~;)~ which is for ';1 , '5 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 at a rate of $~~ Ill. 0 0
per planner hour over the initial deposit. 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 permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN
APPLICANT
By:
Julie Ann Woods
Community Development Director
By:-,eME
Date: H~ II).' 2..003
Mailing Address:
5i a SA-ST H YMNJ l $uj'k 30
,
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1/10/01
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Aspen ConsolidatedS'~~ltationbi,strict
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Paul Smith · Chairman
Michael Kelly' Vice- Chair
John Keleher * Sec/Treas
'MAy 2" OZ003 ..
ASPEN
8U1Ln~NGDEPARTMENT
. FrankLoushin
Roy Holloway
Bruce Matherly, Mgr
MEMO
TO:
James Lindt
FROM:
Tom Bracewell
DATE:
May 19,2003
SUBJECT: 731 Bay Street
Dear James,
Thanks for noticing the deck encroachment! We should memorialize the.
encroachment into the ellsement by the existing deck on the east and south side
of the residence at 731 Bay St,
The condition of approval could be in the form of an encroachment or license that
is executed by the owner and recorded to follqw with the property tha~ allows for
. maintenance and/or replacement of the sanitary sewer line as well as for ingress
and egress to the sewer line and manhole as shown on the enclosed map that
would hold the District harmless for damages to the deck.
Thanks! Let me know if you need additional information or help with the
indemnification.
(
Thorn . Bracewell
Collection Systems Superintendent
565 N. Mill St., Aspen, COSlpll /(970)925-360i; FAx (970)925-2537
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BUILDING DEPARTMENT
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John Niewoehner, 05:03 PM 05/14/2003 , Ok. Flats Hot Tub Relocation
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Page 1 of 1
X-Sender: jobnn@comdev
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2
Date: Wed, 14 May 2003 17:03:49 -0600
To: jamesl@ci.aspen.co.us
From: John Niewoehner <jobnn@ci.aspen.co.us>
Subject: Ok. Flats Hot Tub Relocation
Cc: nicka@ci.aspen.co.us
James:
I talked with Nick about the relocation of the hot tub in the floodplain. Here is what we suggest:
I. Insurance and Elevation Certificate. The Owner needs to demonstrate to the City that the existing
structure has flood insurance. The Owner also needs to provide the City with a copy of the elevation
certificate that compares the house elevation to the 100 year flood elevation. (This elevation certificate
is an integral part of obtaining flood insurance.)
2. Floodplain Permit. As part of the building permit, the applicant must complete the City's Floodplain
Permit. This permit needs to be signed by Colorado Professional Engineer. The engineer must provide
a hydraulic analysis to demonstrate that the new hut tub and deck) will not cause a rise in the base flood
elevation.
Although I can't speak for Nick, I'm thinking that we might be able to forego an expensive hydraulic
analysis if the Applicant also removes part of the existing deck such that there will be a net decrease in
the development in the floodplain. However, if this is done, we will still want an engineer to sign the
Floodplain Permit.
Lastly, at the time of the building permit we will be looking to make sure that the tub and new deck is
adequately attached and won't float off.
John
John Niewoehner
Community Development Engineer
City of Aspen
130 S. Galena St.
Aspen CO 81611
920-5104
www.aspenpitkin.com
Printed for James Lindt <jamesl@ci.aspen.co.us>
05/15/2003
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