HomeMy WebLinkAboutcoa.lu.sm.1360 Red Butte Dr.A69-97
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MEMORANDUM
RE:
Aspen Planning and Zoning Commission
Stan Clauson, Community Development Qirectoff
Julie Ann Woods, Deputy Director ~~~.
Christopher Bendon, Planner 01Nh'
Zimmerman Stream Margin Review
1360 Red Butte Drive
TO:
THRU:
FROM:
DATE:
October 21,1997
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SUMMARY:
Harriet Zimmerman, owner and applicant, is proposing to remodel and enlarge her
single-family home located at 1360 Red Butte Drive. The property is adjacent,
and partially within, the Roaring Fork River and subject to Stream Margin
Review. There is currently a fenced dog run, a wooden deck, and a few wood
steps within the "no development" area below the top-of-slope. The applicant is
not proposing any further development below or within 15 feet of the top-of-slope
and the site section provided with the application shows the proposed structure
within the progressive height limit as established by the top-of-slope.
Staff recommends approval of the Stream Margin Review for the
Zimmerman property, 1360 Red Butte Drive, with conditions.
ApPLICANT:
Harriet Zimmerman. Represented by Scott Lindenau, Architect, and Richard Wax
& Associates.
LOCATION:
1360 Red Butte Drive.
ZONING:
R-30 Low Density Residential
LOT SIZE:
44,014 square feet.
LOT AREA (FOR PURPOSES OF FAR CALCULATION):
38,744 considering areas within high-water mark and steep slopes.
FAR:
Allowable -- 6,344.5 square feet
Existing -- 4,341.5 square feet
Proposed -- 5,794.5 square feet
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CURRENT LAND USE:
Single-family home. There are a few existing encroachments into the area below
the top-of-slope.
PROPOSED LAND USE:
Existing home will be remodeled and enlarged. No further encroachments into
the area below top-of-slope are proposed.
PREVIOUS ACTION:
The Commission has not previously considered this case.
REVIEW PROCEDURE:
The Commission may approve, approve with conditions, or deny this application
at a hearing.
BACKGROUND:
The parcel is currently developed with a single-family home which was developed
before Stream Margin Review. The majority of the existing development is above
the top-of-slope and outside of the "no development zone" with the "dog run" and
"wooden deck" below the top-of-slope. Both of these could pose a danger to
downstream neighbors if dislodged during a high water event. The "dog run" also
poses a health issue with the increased chance of fecal matter entering the river.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." Agency
referral comments have been included as Exhibit "B." The application has been
included as Exhibit "C."
RECOMMENDATION:
1. Prior to issuance of a building permit the building plans shall include: The top-of-slope as
presented to the Planning and Zoning Commission; a site section drawn by a registered
Architect that shows building height in conformance with Section 26.68.040 (figure A) of
the Municipal Code; a building envelope that allows no development below or within 15
feet of the top-of-slope. A note that reads: "no development other than approved native
vegetation below or within IS feet of the top-of-slope;" a note that describes areas within
the 1 DO-year floodplain as "riparian."
2. The applicant is strongly encouraged to remove the existing "dog run" and "wooden deck"
from the area below the top-of-slope. Both of these objects may become dislodged during a
high runoff event and damage downstream properties. The "dog run" also increases the
chance of fecal matter entering the waterway.
3. Prior to issuance of a building permit, the applicant shall barricade the river side of the
building envelope in a manner as to not allow sediment loaded drainage to enter the river.
Construction barricades shall remain in place until issuance of a Certificate of Occupancy.
4. Prior to issuance of a building permit, the owner shall grant a fisherman's easement which
allows public access within five (5) feet of the high water mark for fishing purposes.
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5. Prior to issuance of a building permit, total connection charges due to the Aspen
Consolidated Sanitation District shall be paid in full.
6. Because the gross square footage of the final structure will be greater than 5,000, the
building must include a fire suppression system that meets all requirements of the Fire
Marshall. Prior to issuance of a building permit; the Fire Marshal shall inspect plans for and
approve a fire suppression system. This system may necessitate a larger water tap for which
the applicant shall complete a water tap permit with the City Water Department.
7. All exterior lighting shall be low and downcast and no lights shall be cast towards the river
or down the slope.
8. If a snowmelt system for the driveway is proposed, the applicant must prevent drainage from
directly entering and flooding or icing the public right-of-way.
9. A tree removal permit from the City Parks Department shall be required for the removal or
relocation of trees as per Section 13.20.020 ofthe Code.
10. Prior to issuance of a building permit, th~ applicant shall complete and record an agreement
to join any future improvement districts for the purpose of constructing improvements which
benefit the property under an assessment formula.
II. Prior to issuance of a building permit, the applicant shall submit GIS data including property
lines, building footprints, easements, and encroachments.
12. All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in any public right-of-way. Easements must be provided for
pedestals. All utility locations and easements must be delineated on the site improyement
survey. Revisions to utility locations and easements must be delineated on a revised site
improvement survey prior to issuance of a certificate of occupancy. Meter locations must be
accessible for reading and may not be obstructed.
13. The applicant must receive approval for any work within public rights-of-way from the
appropriate City Department. This includes, but is not limited to, approval for a mailbox and
landscaping from the City Streets Department.
14. Before issuance of a building permit, the applicant shall record this Planning and Zoning
Resolution with the County Clerk and Recorder.
15. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
condr;sA;;J'7;;;Z;r~rl&~r~:;~i;;'~J) k ~ .
RECOMMENDED MOTION:
"I move to approve the Zimmerman Stream Margin Review, 1360 Red Butte
(Drive, with the conditions outlined in the Staff memo dated October 21, 1997."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B Referral Agency Comments
Exhibit C -- Application
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Exhibit A
STAFF COMMENTS: Stream Margin
Section 26.68.040, Standards Applicable to Development within 100 feet of the Roaring
Fork River and its tributary streams.
A. No development shall be permitted in the floodway, with the exception of bridges or
structures for irrigation, drainage, flood control or water diversion, which may be permitted
by the City Engineer, provided plans and specifications are submitted to demonstrate that
the structure is engineered to prevent blockage of drainage channels during peak flows and
the Commission determines the proposed structure complies, to the extent practical, with all
stand.ards set forth below.
Staff Finding:
No further development is proposed below the top-of-slope. There is, however, an existing
dog nul and a wooden deck within the IOO-year floodplain. Both of these improvements
may be dislodged in an event and pose danger to downstream properties. The dog nul may
also pose a water pollution problem. These improvements are existing and the Commission
cannot require the owner to remove them
B. No development shall be permitted within one hundred (100) feet, measured horizontally,
from the high water line of the Roaring Fork River and its tributary streams, or within the
Special Flood Hazard Area where it extends beyond 100 feet from the high water line of the
Roaring Fork River and its tributary streams, unless the Commission makes a determination
that the proposed development compiies with all standards 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 in the State of Colorado which shows that the base flood
elevation will not be raised, including, but not limited to, proposed mitigation techniques on
or off-site which compensate for any base flood elevation increase caused by the
development;
Staff Finding:
There is no development proposed within the Special Flood Hazard Area.
2. Any trail on the parcel designated on the Aspen Area Community Plan,
Parks/Recreation/Open SpacelTrails Plan Map, or areas of historic public use or access are
dedicated via a recorded easement for public use. Dedications are necessitated by.
development's increased impacts to the City's recreation and trail facilities including pubiic
fishing access;
Staff Finding:
There is no trail proposed on this side of the river. The applicant, however, is advised to
grant a fishing easement. This easement will allow the public to legally cross the
applicant's property within five feet of the high water line for fishing purposes.
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3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed
plan for development, to the greatest extent practical;
Staff Finding:
The Parks Department reviewed this application and recommended the fisherman's
easement.
4. There is no vegetation removed or damaged or slope grade changes (cut/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;
Staff Finding:
The building plans shall include a building envelope that permits no development closer
than 15 feet to the top-of-slope other than approved native vegetation and follows setbacks
lines on the non-river sides of the parcel. The river-side of the building envelope shall be
barricaded prior to issuance of any permits. The Commission should make this a condition
of approval.
5. The proposed development does not pollute or interfere with the natural changes of the
river, stream or other tributary, including erosion and/or sedimentation during construction.
Increased on-site drainage shall be accommodated within the parcel to prevent entry into
the river or onto its banks. Pool or hot tubs cannot be drained outside of the designated
building envelope;
Staff Finding:
The applicant shall barricade the river-side of the building envelope and not allow sediment
loaded drainage to enter the river during construction. No pools or hot tubs may be drained
outside the building envelope.
6. Written notice shall be provided 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;
7. 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;
8. Copies are provided of all necessary federal and state permits related to the work within the
1 OO-year floodplain; and
Staff Finding:
The applicant is not proposing to alter the water course or develop within the I DO-year
floodplain.
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MEMORANDUM
To:
Chris Bendon, Project Planner
Thru:
Nick Adeh, City Engine~ ~
Chuck Roth, Project Engineer O'fC-
From:
Date:
October 8, 1997
Re:
Zimmerman Stream Margin Review
The Development Review Committee has reviewed the above referenced application at their September
24, 1997 meeting, and we have the following comments:
I. Existinl! Floodnlain Encroachments - There is an existing wood deck and a dog run located within
the IOO-year floodplain. The dog run may present a health and water pollution problem. The applicant
stated that he believed that the owner planned to remove the dog run. It should be a condition of approval
that the dog nul be also removed. We recommend to the applicant that the deck be removed. The deck
presents a hazard to the property owner because floodbom debris can be trapped by the deck with the
possibility that the deck be torn away and cause damage to downstream properties.
2. Drivewav - If snow melt is installed in the driveway, provision must be made to prevent drainage from
entering directly and flooding or icing the public right-of-way. .
3. Fishinl! Easement - The applicant is advised to grant a fishing easement. A copy has been faxed to
the applicant's representative earlier. The easement w.ould permit the public to fish in the Roaring Fork
River through the applicant's property and to walk along the river's edge within 5' of the high water line
for fishing purposes.
4. Parks Denartment - The Parks Department must be consulted for a tree removal permit if any trees
are to removed or relocated.
5. Fire Marshal - A sprinkler system for fire protection purposes is required if the building interior
exceeds 5,000 square feet. The applicant reported that the existing area is 4,200 square feet and that an
additional 1,500 square feet is proposed. The final determination will occur when the square footages are
determined following City Code requirements.
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6. Work in the Public Rieht-of-wav - 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.
M97.138
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../lSpeIL 00nS01.l0a1eO c.Jan1LaUOn -<.-,-",triC
565 North Mill Street
Aspen, Colorado 8 L 611
Tek. (970) 925.3601
Sy Kelly. Chairman
I':ud Smith. Treas.
1 ,ouis Popish. Seey.
September 25, 1997
Chris Bendon
Community Development
130 S. Galena
Aspen, CO 81611
Re: Zimmerman remodel addition
Dear Chris:
FA){ #(970) 925.2537
Michael Kelly
Frank Loushin
Bruce Matherly, Mgr.
The Aspen Consolidated Sanitation District currently has sufficient collection and treatment
capacity to serve this project. Service is contingent upon compliance with the District's rules,
regulations, and specification which are on file at the District office.
The total connection charges for the project can be estimated once detailed plans are available.
Since service is already provided to the existing residence, we would request, as a condition of
approval, that total connection charges be paid prior to the issuance of a building permit.
Please call if you have any questions.
Sincerely,
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Bruce Matherly
District Manager
EPA Awards of Excellence.
1976. 1986. 1990
National
RECEIVED
SEP l ~ 1997
ASPEN I PITKIN
COMMUNrTY DEVELOPMENT
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SEP-15-1997 0B: (13 FROM ASPEH/P I TI< II, COI.l [lEI.'
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Scott Lindenau
Studio B ArchitectW'e
555 North j,..jill Street
Aspen, CO 816.1 1
Fax If
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. Re: Zimmerman Stream Margin Review
, ASPEN' PITKIN
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Cj"l~l~11Y De\'El(IP~I~l~~I' ()f)~~f:,' ,\In'i'l
Septenlber 15, 1997
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Dear Scott, I
On September 12, 1997, the Planning Department received two copies o~a Stream
Margin Re\ iew application for a remodel and expansion of an existing r~sidenc,e at 1360
Red Butte Drive, With this application, the Planning Departmentreceiv~d payment for
Engineering fyes in the amount of$110 and a deposit for six hours ofPl*nningStafftime
at the rate of $180 per hour. !
To complete the application, please submit the following items:
.....- 'J he apFJication cover page. (included in fax)
Authorization for Scott Lindenau to represent applicant.
18 full1ets.of application and. drawings.
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Upon completion, I will refer the application and schedule a meeting \\itp the referral
agencies. After this meeting T will schedule a hearing date with the Pla~~ing and Zoning
Commissiol. .J
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Much,
Christopher Bendoll, Planner
09,' 15/ 1 '3 IHNFRX HOTEL SERv-:S22
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STUDIO B APq--YECTS
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City of Aspen
114 Sl')ll~h r:t1Ir.n~': Stri!'l:t
A'pen. CO HI6l1
T~j whc.rn it r'r\t\Y C:"l)r'lc;('.rn,
The under;;igned hereby authorizes Scott Undenau, Architect, ilS nw representative, to make
application (or alld o(),.,;" in my name the Stream Margin ilpplicati.(m relating to my residence locat~d
at 1360 Rc,i gllth !.Iri"\" in Asp~n, OJloracle>.
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, '"PRE-APPLlCA TfOJifCONFERENCE SUMMARY
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. PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
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Chris BendoD, 920..5072
DAlE: 9,2.97
1360 Red Butte Drive
Studio B Architecture
.. . Ziiiunerman
one step
stream margin, Red Butte Drive
land Use Code Section(s)
26.68.040 Stream Margin Review
26.58 . Residential Design Standards
Review by:
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
Staff for completeness; P&Z for Stream Margin Review
No forstnilm margin. 1:..-:-\ /~ \
Engineering, EnvironmenWHealth, Parks, Fire Marshall, Water, ACSD
Planning Deposit Minor ($1080)
Engineering, Minor ($110);
$1190 (additional hours are billed at a rate of$180/hour)
To apply, submit the following infonnation:
Proof of ownership
Signed fee agreement
Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative autIiorized to act on behalf of the applicant.
Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certifiCate from a title insUrance company, or attorney licensed to practice in the State of Colorado,
listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
Total deposit for review of the application
20 Copies of the complete application packet and maps,
HPC = 12; PZ = 10; m.1:C = PZ+5; CC == 7; Referral Agencies = Ilea.; Planning Staff= I
An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
Site improvement survey including topography and vegetationshowing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered. land surveyor, licensed in the state of
Colorado, (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.) ,
A written description of the propoSal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include "
. existing conditions as well as proposed,
For Residential Proposals (Ord, 30):
a) Neighborhood block plan at 1 "=50' (available from City Engineering Department) '.
Graphically show the front portions of all existing buildin/(s on both sides of the block and their setback
from the street in feet. Identi arkin"iUi ont entry for each buildin cate an accessory -
dwe mg units along the alley, Indicate whe e houses immediatel adjacent to the
ect atce 0 y one liyfug level),
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.------------, b) Site plan at I" = 10' ,Show ~und floors of all buildings on the subject parcel, as proposed,
and footp~nts ~fadi,acent buildin:s for a diM"n"" of J 00'. frnm.ih~ide.praperty..1ines.-Shflw t~'
bl"theSubJectSlte WIth 2' co: ~
- C) All bUlraJD,g el"v.tio~s -I l/R" = 1 '-0.
d) .Floor pl~oo[plan, and elevations as needed to verify that the project meets or does not
eet the "Prim Mass" s
hoto phic panorama. Show elevations of all buildin s on both sides of the block
resent c .0 . e-su ~ect-property_..Label.p otos.and mount on a presentation board.
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inclu '
II. Copies of prior approvals
Disclaimer:
The foregoing swnmary is advisory in nature only and is not binding on the City. The swnmary is based on current zoning, which is
subject to change in the future, and upon factual representations that mayor may not be accurate. The swnmary does not create a
legal or vested right.
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ATTACHMENT '2
DIMENSIONAL REQUIREMENTS FORM
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Proj ect:
Applicant:
Location:
Zone District: \i!.'~
Lot Size: ~o'4- S'f' - ~(7.70 ~ l\I6A IN tIt.H+ fI.u, v(~ ;~,1 4-4' '>F
Lot Area: '7tJ 7 4'~ $'. oF.
(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.)
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Commercial net leasable:
Number of residential units:
Number of bedrooms:
Existing:
Existing:
Existing:
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Proposed: ..,../
Proposed: I
Proposed:~
Proposed % of demolition (Historic properties only): ,/
DIMENSIONS:
Floor Area: Existing: 4';34-I.C, Allowable: li, ~4'4'. '? Proposed: 7,1'1 ttt; SF'
, ~ ~Z;I ~"t'....t.. "
Principal bldg. height: Existing: z:? ~ L<< Allowable: Proposed:
Access, bldg. height: Existing: Allowable: Proposed:
On-Site parking: Existing: tt Required: tt Proposed: 1-
% Site coverage: Existing: Required: Proposed:
% Open Space: Existing: Required: Proposed:
Front Setback: Existing: Required: Z.17 Proposed:
Rear Setback: Existing: Required: rt; I Proposed:
Combined FIR: Existing: Required: Proposed:
Side Setback: Existing: Required: IQ' Proposed:
Side Setback: Existing: Required: II' Proposed:
Combined Sides: Existing: Required: Proposed:
Existing non-conformities or encroachments: ~6- f'G'rJ T ~ IN
t?xt~ (fkJ '(~ ~p ftltz.N.
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 behalf of the applicant.
'-4. An 8 112" x 11" vicinity map locating the subject parcel within the City of Aspen,
....-s. 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 docUIIient.)
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ATTACHMENT 4
Specific Submission Contents
Development Application for ESAs
The Development Application for development in an Environmentally Sensitive Area (ESA) shall include
the following:
vA. A plan of the proposed development, which shall depict at a minimum the following infonnation:
. < The boundary of the property for which development is requested.
",z. Existing and proposed improvements. . .
V). Significant natural features, including natural hazards and trees.
B. In addition, the following ESA applications shall also include:.
For development subject to 8040 Greenline Review, thll plan shall depict:
1. Existing and proposed grades at two-foot contours, with five-foot intervals for grades over
ten (10) percent.
2, Proposed elevations of the development.
3. A description of proposed construction techniques to be used,
4. Written responces to the review standards (see attachment 5).
For development subj to Stream Margin ReVle e plan shall depict:
'-1, The 100-year floo p , waterline.
vz. Existing and propos gra es at two-foot contours, with five-foot intervals for grades
over ten (10) percent.
. -4. When development is proposed in a special flood hazard area: Accurate elevations (in
f't.<\. relation to mean sea level) of the lowest floor, including basement, of all new or
substantially improved structures; a verification and recordation of the actual elevation
in relation to mean sea level to which any structure is constructed; a demonstration that
all new construction or substantial improvements will be anchored to prevent flotation,
collapse or lateralmovement of any structure to be constructed or improved; a
demonstration that the structure will have the lowest floor, including basement, elevated
to at least two (2) feet above the base flood elevation, all as certified by a registered
. professional engineer or architect.
. ..(.' A description of proposed construction techniques to be used, ~ t\'W1TW..t ... ~ ~
S,!-'t7-1'P.1P-t> ~ C<<>f'lITtv~W" ~ f'it1~ '""'" ,?'..-II" p~.
For developmenfsubjectfo'Monntain View Plane Review, the' pran sIuilI depict:
1. Proposed elevations of the development, including any rooftop equipment and how it
will be screened.
2, Photographs shall be submitted by the applicant which show the present improvements
which protrude into or are in the vicinity of the view plane, The applicant shall
graphically represent on the photographs how the proposed improvements will appear in
relation to existing improvements and views.
For development subject to the H:inam Lake Bluff Review, the plan shall depict:
1. A landscape plan shall be submitted with all development applications. Such plan shall
include native vegetative screening of no less than fifty (50) percent of the development
as viewed from the rear (slope) of the parcel. All vegetative screening shall be
maintained in perpetuity and shall be replaced with the same or comparable material
should it die.
2, Site sections drawn by a registered architect, landscape architect, or engineer shall be
submitted showing all existing and proposed site elements, the top ?fslope, and
pertinent elevations above sea level.
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ATTACHMENT 5
Review Standards: Stream Margin Review
Pursuant to Section 26,68.040(A), no development shall be permitted within the floodway, with
the exception of bridges or structures for irrigation, drainage, flood control or water diversion,
which may be permitted by the City Engineer, provided plans and specifications are submitted to
demonstrate that the structure is engineered to prevent blockage of drainage channels during peak
flows and the Commission determines the proposed structure complies, to the extent practical,
with all the standards set forth below,
Pursuant to Section 26.68.040(B), no development shall be permitted within one hundred (100)
feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary
streams, or within the Special Flood Hazard Area where it extends beyond one hundred (100)
feet from the high water line of the Roaring Fork River and its tributary streams, unless the
Commission makes a detennination that the proposed development complies with all the
standards set forth below,
A development application subject to Stream Margin Review must include a written response to
each of the following criteria:
...(," 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
teclmiques on or off-site which compensate for any base flood elevation increase caused
by the development; and
-.2:' Any trail on the parcel designated on the Aspen Area Community Plan,
Parks/Recreation/Open Spaceffrails Plan map, or areas of historic public use or access
are dedicated via a recorded easement for public use, Dedications are necessitated by
development's increased impacts to the City's recreation and trail facilities including
public fishing access; and
'-3': The recommendations of the Roaring Fork River Greenway Plan are implemented in the
proposed plan for development, to the greatest extent practicable; and
--<. 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; and
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vS. The proposed development does not pollute or interfere with the natural changes of the
river, stream or other tributary, including erosion and/or sedimentation during
construction. Increased on-site drainage shall be accommodated within the parcel to
prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside
of the designated building envelope; and
/"fi'r 6. Written notice is given to the Colorado Water Conservation Board prior to any alteration
or relocation of a water course, and a copy of said notice is submitted to the Federal
Emergency Management Agency; and
"fI~ 7. A guarantee is provided in the event a water course is altered or relocated, that applies to
the developer and his heirs, successors and assigns that ensures that the flood carrying
capacity on the parcel is not diminished; and
IN\- 8. Copies are provided of all necessary federal and state permits relating to work within the
one-hundred-year floodplain; and
v9, There is no development other than approved native vegetation planting taking place
below the top of slope or within fifteen (15) feet of the top of slope or the high waterline,
whichever is most restrictive. This is an effort to protect the existing riparian vegetation
and bank stability. If any development is essential within this area, it may only be
approved by special review pursuant to Section 26.64,040(D) (refer to Figure "A" below
for illustrative purposes); and
v10. 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 Zoning Officer
utilizing that defInition set forth at Section 26.04.100 (refer to Figure "A" below for
illustrative purposes); and
vr 1. A landscape plan is submitted with all development applications. Such plan shall limit
new plantings (including trees, shrubs, flowers, and grasses) outside of the designated
building envelope on the river side to native riparian vegetation; and
vr2, All exterior lighting is low and downcast with no light(s) directed toward the river or
located down the slope; and
vf3, Site sections drawn by a registered architect, landscape architect, or engineer are
submitted showing all existing and proposed site elements, the top of slope, and pertinent
elevations above sea level; and
v14, There has been accurate identification of wetlands and riparian zones.
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STUDIO.
arc h
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13 September 1997
Zimmerman Residence
Stream Margin Review response to attachment 5: Review Standards.
1. The proposed addition to the existing residence does not project any closer than the existing house
currently does and complies within the height, setback and FAR limitations, The closest point of the
existing house to the High Water mark is 78'-0" with the proposed addition at 87'-0". The allowable
FAR is 6,344.5 square feet with the existing and proposed square footage being 5,794,5 square feet, The
existing house measures 23'-6" at the highpoint with the proposed addition at 19'-6".
2. There is not any proposed landscape alterations to be made at the river side of the project with all
existing and natural landscape to remain as is. There are no changes to the existing river or water
course.
3. According to conversations with Rebecca at the Parks Department, there is not any trail or proposed
trails for this property or any dedicated easements for public use.
4. The proposed development has a comer that lies at 16'-4" away from the toe of the slope. Please
see the attached site section. This is outside of the 15'-0" boundary and is withiIl the 45 degree angle.
5. The proposed landscape plan is included, please see the attached drawing. This shows that the
proposed landscape is at the front of the yard and not at the rear where the Streill1t Margin is
concerned. There is no landscape lighting at the river side of the project.
555 n. mill st. aspen co. 81611 970'920'9428 fax 970-920'7822
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ASPENIPITKIN coMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
(please Print Clearly)
CITY OF ASPEN (hereinafter CITY) and ~ ~Nt'rN
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for l'?wO Ff?D ~ pI-we-
~ ~ /oMf1frt.rJ Rev!8W (hereinafter, THE PROJECT),
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996)
establishes a fee structure for land use applications and the payment of all processing fees is a
condition precedent to it 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 to allow
APPLICANT to make payment cif an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis. 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 APPLICAL'\!TS application,
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/Qr City Council to
enable the Planning Commission and/or City Council to make legally required findings for project
approval, unless current billings are paid in full prior to decision,
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver oflts right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay an
initial deposit in the amount of$ 11110~ which is for _ hours of Planning 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,
CITY OF ASPEN
~s~
APPLICANT
Signature:.~)n.~
, Date: ~..IS...LZ"~'/.-{Ol /99-9.
Pnnted Name: 1I.4R.J?.IGT m. ""2in2.m~AA.J
Mailing Address: .<j 0pJ ~'i ~A'i
PI4Lm R~AC.//;J:Z..$3 '/-~
Community Development Director
City of Aspen
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MEMORANDUM
From:
Chris Bendon, Project Planner
Nick Adeh, City Engine~ ~
Chuck Roth, Project Engineer O'fC-
To:
Thru:
Date:
October 8, 1997
Re:
Zimmerman Stream Margin Review
The Development Review Committee has reviewed the above referenced application at their September
24, 1997 meeting, and we have the following comments:
1. Existine Floodplain Encroachments - There is an existing wood deck and a dog run located within
the 100-year floodplain. The dog run may present a health and water pollution problem. The applicant
stated that he believed that the owner planned to remove the dog run. It should be a condition of approval
that the dog run be also removed. We recommend to the applicant that the deck be removed. The deck
presents a hazard to the property owner because floodborn debris can be trapped by the deck with the
possibility that the deck be torn away and cause damage to downstream properties.
2. Drivewav - If snow melt is installed in the driveway, provision must be made to prevent drainage from
entering directly and flooding or icing the public right-of-way.
3. Fishine Easement - The applicant is advised to grant a fishing easement. A copy has been faxed to
the applicant's representative earlier. The easement would permit the public to fish in the Roaring Fork
River through the applicant's property and to walk along the river's edge within 5' of the high water line
for fishing purposes.
4. Parks Department - The Parks Department must be consulted for a tree removal permit if any trees
are to removed or relocated.
5. Fire Marshal - A sprinkler system for fire protection purposes is required if the building interior
exceeds 5,000 square feet. The applicant reported that the existing area is 4,200 square feet and that an
additional I ,500 square feet is proposed. The final determination will occur when the square footages are
determined following City Code requirements.
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6. Work in the Public Rieht-of-wav - 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.
M97.138
:J!spe:Consp;;daledc)amlalion (ZJjrk/
565 North Mill Street
Aspen, Colorado 8J611
FAX #(970) 925.2537
Mich~el Kelly
Frank Loushin
Bruce Matherly, Mgr.
Tele.(970) 925.3601
Sy Kelly. Chairman
Paul Smith. Treas.
Louis Popish .Secy.
September 25, 1'997
Chris Bendon
ConuiJ.unity Development
130 S. Galena
Aspen, CO 81611
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Reo: Zimmerman. remodel addition
Dear Chris:
. . ,. .. ," " "
The Aspen Consolidated Sanitatio~ DiStl1ct currently has s~ffici~nt c()ilectionandtreatment
capacity to serve this project. Service is contingent upon compliance with the District's rul~s,
regulations, and specification whichare on file .atthe Dist.ricto,ffice
The total connection charges for the project can be estimated once detailed plans are available
Since service is already proVided to the e)dsting residence, we would request, as a condition of
approval, that total connection charges be paid prior to the iSSUance of a buildip.g permit.
Please call if you have any questions.. .
Sincerely,
'&u... ~- /v....~-r 0
Bruce Matherly
District Manager
RECEIVED
SEP 2 9 1997
EPA Awards of Excellence .
1976. 1986. l(i90
Regional and Nati<:mal
ASPEN I PITKIN
COMMUNITY DEvELOPMENT
\
(") LAND USE ApPLICATION n
PROJECT:
Name: "'Z- t P6f.<</~ -rfI.oN
Location: 1-?CU7 Pf?p rn, fI?\vG- pe;rJ
(Indicate street address, lot & block number, legal description where appropriate)
ApPLICANT:
Name:
Address:
Phone #.:
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REPRESENTATIVE:
Name:
Address:
Phone #:
TYPE OF ApPLICATION: (please check all that apply):
0 Conditional Use n Conceptual PUD 0 Conceptual Historic Devt.
0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development
0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt.
0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
~QS Exemption 0 Subdivision 0 Historic Designation
ESA - 8040 Greenline, ~ 0 Subdivision Exemption (includes 0 Small Lodge Conversion!
~ Hallam Lake Bl , condominiumization) Expansion
Mountain View Plane
0 Lot Split 0 Temporary Use 0 Other:
0 Lot Line Adjustment 0 TextlMap Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
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P~e- k to.!
"p I &t~ 4'1. ~ > 6N~ F6t9'I W 1'tIt
IN r 01) <(p., ft4:I(J>D 'UrrN.
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I PRO'=20~7S:;',;:-=)
Have you attached the following?
e(Pre-Application Conference Summary
[YAltachment #1, Signed Fee Agreement
LJ"Response to AttaChment #2, Dimensional Requirements Form
~~onse to Attachment #3, Minimum Submission Contents
cg..-KespslllBe1o Attachment #4, Specific Submission Contents
~ponse to Attachment #5, Review Standards for Your Application
(> tJ' 1Jlt3" , wreY)",~ ~ It~
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FEES DUE: $~':;;-
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
Chris Bendon, 920.5072
DATE: 9.2.97
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
1360 Red Butte Drive
Studio B Architecture
Zimmerman
one step
stream margin, Red Butte Drive
Land Use Code Section(s)
26.68.040 Stream Margin Review
26.58 Residential Design Standards
Review by:
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
Staff for completeness; P&Z for Stream Margin Review
No for stream margin.
Engineering, Environmental Health, Parks, Fire Marshall, Water, ACSD
Planning Deposit Minor ($1080)
Engineering, Minor ($110);
$1190 (additional hours are billed at a rate of$180Ihour)
To apply, submit the following information:
1. Proof of ownership
2. Signed fee agreement
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consistitig of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colo~ado,
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 ApplicatiOl).
5. Total deposit for review of the application
6. 2Q_ Copies of the complete application packet and maps.
HPC= 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = Ilea.; Planning Staff= 1
7. An 8 112" by II" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of
Colorado. (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.)
9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include
existing conditions as well as proposed.
10. For Residential Proposals (Ord. 30):
a) Neighborhood block plan at 1"=50' (available from City Engineering Department)
Graphically show the front portions of all existing buildings on both sides of the block and their setback
from the street in feet. Identify parking and front entry for each building and locate any accessory
dwelling units along the alley. Indicate whether any portions of the houses immediately adjacent to the
subject parcel are one story (only one living level).
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b) Site plan at 1" ~ 10'. Show ground floors of all buildings on the subject parcel, as proposed,
and footprints of adjacent buildings for a distance of 100' from the side property lines. Show topography
of the subject site with 2' contours.
c) All building elevations at 118" ~ 1'-0.
d) Floor plans, roof plan, and elevations as needed to'verify that the project meets or does not
meet the "Primary Mass" standard.
e) Photographic panorama. Show elevations of all buildings on both sides of the block,
including present condition of the subject property. Label photos and mount on a presentation board.
11.
Copies of prior approvals
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a
legal or vested right.
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Scott Linqenau
Studio B Architecture
555 North Mill Street
Aspen; CO 81611
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September 15, 1997
ASPEN . PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Re: Zimmerman Stream Margin Review
Dear Scott,
.. .
On September 12, 1997, the Planning Department received two <;opies of a'Stream
MarginReview applicatio,n for a r(lm04el and expansi6n of an existing residence at 1360
Red Butte Drive. With this application, the' Planning Department received payment for
Engineering fees in the amount of$110 and a deposit for sixhours of Planning. Staff time
at the rate of$180 per hour. .
. ~
To complete the application, please submit the following items:
. . . ,
. The application cover pag'e. (included in faX)
. Authorization for Scott,Lindenau to represent applicant.
. 18 full sets' of application and drawing's.
Upon completion, I will refer :the application and schedule a me~ting with the referr\ll
agencies. After this meeting i will sched.ule a hearing date with the Planning and Zoning
Commission, . .
Thanks very Much,
thw) ~NtU
Christopher Bendon, Planner
130 SOUTH' GALEI;JA STREET' ASPEN, COLORADO 81611-1975 : PHONE 970.920.5090 . FAX 970.920.5439'
, Printed on R~cyded Paper
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Scott Lindenim '
. Studio B Architecture
555 North Mill Street
Aspen, CO 81611
To
Co./Dept.
Phone #
Fax #
Phone #
Fax>
September 19, 1997
Re: Zimmerman Stream Margin Review
.
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ASPEN . PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
, 'After the submission of a few remaining items, the 'complete application was sent to the
referral agencies on September 18th. A meeting of the referral agencies (DRC) has been
sched\lled for September 24.in the basement of City Hall at 10:30 a;m. If at this meeting
the application is determined to be ready for the next level of review', a hearing with the
Planl).ing and Zoning Commissionwil1 be scheduled. Currently, the hext,available date
fora Commission hearing is October 21st,. '
. .1 . - '
1 have attached a general sched.ule for land use cases requiring Planning and Zoning
Commission review for your consideration. Pleil5e contact me at 920.5072 if you have
any further questions.
Thanks very inuch, ,
~IMM
. Christopher Be~don, PlaImer
cc: Zimmerm.an
. Wax
"
130 SOU'IA GALENA STREET . ASPEN, COLORADO 81611-1975 . PHoNE 970,'920.5090 .
Printect on Recyded Paper
FAX 970.920.5439
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K11.OtolETER
c U9S Ploaae Dlnctorioo Co. ID<.
SEP-02-S? 10,38 FROM:
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September 2, 1997
To whom it may concern:
The undersigned hereby authorizes Richard A. Wax. & Associates, as my
personal representative, to make application for and obtain, in my name, any and
all building and similar permits, and any and all utilities, relating to my residence
located at 1360 Red Butte Drive, Aspen, Colorado.
Sincerely,
~/J;,;J~~
Harriet M. Zimmerman
ASPEN;002I257.01
PAGE
2/2
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PAGE
2/2
September 2, 1997
The undersigned hereby authorizes Richard A. Wax & Associates, as my
personal representative, to make application for and obtain, in my name, ~y and
all b~!llii!l.gand similar permits, and any and all utilities, relating to my residence
locat~dal1360iRed Butte Drive, Aspen, Colorado.
;:"::i~.:,".;'./;::>'.' ,', : '.,.'.. .:.,-;", ,:,:,:""""'_:':.y.",:.\:"r.".;:.'.,".'..:~.,...,:....:,,, ":,' .,,':',.... ">..::.,,,":.'
Sincerely,
~)?).;;J~~
Harriet M. Zimmerman
ASPEN:002l2,S7.01
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September 2, 1997
To wh.om it may concern:
The undersigned hereby authorizes Richard A. Wax & Associates, as my
personal representative, to make application for and obtain, in my name, a,ny and
all building and similar permits, and any and all utilities,'relating to my reSidence
loca~ed .at l360R,ed Butte Drive, Aspen, Colorado.
Sincerely,
~JJ;'J~~
Haniet M. Zimmerman
ASPEN:002IZS7.01
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Vli;.RRANTY
DEED
THIS :)EEO, made this 26 day of AUGUST
1~97, between JOY ANC MARVIN GROSS ~VOC?$LE TRUST DATE~ SEPTEMBER 12, 1988,
AS A..l'1Rt'lDED
OF TH3 CO'CTN':'Y 01<'
G~'1'I)R,
HAR.'<r:;:T'..:ZIMMER....J\N .
G~"!'::;E
ST.;TE OF CJl~
whose legal address is :
1360 ;U:D BUTTE DRIVE, ;z;,S~EN,' CO, 81611
CITY I)F J;SPEN, COUNTY OF' .PITKIN', STA':'l! OF CO
W!TNF.::;SETH. That for and 'in ccnsj,d~ration of 'the SU:Tl of te.n dollars
and o':her gc.od a.."1C valuable C'ons:.deratio:'!, the r€ceipt and s\;-:=iciency cf
'W'hich is hereby acknowledged, th~ grantor has gr~.;;:ted, bargained, ~"ld anc.
conve:(ecl, ane by these p:r-esen't.s does grant, bargain, .$E:ll a!1.d cC'~::"~'QY ~nd
ecnfi:~ u...TJ.to the grantee, its successors and a.,ssigns fo~ever, all t.he real
prope:~ty eoge=her with i~p~ovements, if any, sic~ate and lying and being in
the ~'wn of ASPEN, County of PI~KIN, State of CO~ORP~OI ae$c~ibed
as fo11ows:
See ;'.t:tachecl Exhibit '!,i:l.'l
.\111\\111\\111\1111\1\1 1\\\ I\UII \\I\\~I\l'!~J 111\ \11\
407692 08/26/1997 02:4~PNW~ ~~ PITKINCO CO~ORAOO
t of 3 R 16.000208.0". !,
TOGE'I"F!ER --d.t.h all and singula~ the heredi tame:n~s and app1.p:tenances
there':o belonging, 0:::" ir'l. an)'\'dse appf!rtai::'~ing r ',3:.nd t.h..::. ~eversior:. and
reve!"':;ions, remainde=s, rer:ts, issues and !',:"ofits th.e~.eof, anc. all t.h.e
es~a~'~f ~ight( title, inte~est, claim and demand whatsoever of the grant.or
eithe:::- in law or eq".J.ity, of, in a..~d to the: ;~bove bargait'.$d ;premis'i?S, \o.'i!:h
the bt;::::~ditaments and appurtenances.
TO HA'TE AND TO HOLD the said p~emises above bargained and desc~ibed,
with ':.he appurtenances, unto the grantee, it.$: successors >an~ assigTl'S fo~ever.
AAd t.he Grantor, for i~$elf, its successors and assigns, ,does cove:J.a~t.,
grar.~, ba~gairt, and agree to a~d with the Gr~r,tee, its successors anc
assigns, that at the time 0: the ensealing deli-,rery e.f th;e ?reSfr:1t.s, it is
well ;3eizec pf the premises above conveyed, has scod, $U~e, perfec~,
absoll.:.te and indef<easible estate of inheritance, in law, :in fe-e siTI?le,
and has good right, full power and lawful authority to gra:At, bargai~1
sell ~~nd convey the sam~ in manner and fo~ as aforesa~d, and that the
same a.re free and. clear from all former anc other g:r:ants.. bargains, s~les,
liens, ~axes, assessments, encumb~ances anc re$t~iction$of whateve~ kirid
01:' :na~:.ure soever, exeept those: matt:ers as set forth on B^.hibit "B Of attached
here~(' and inco::'porated herein by reference.
The 9'"antor shall and will WAl'1= AND FO~P;V'l':"" DEFEND the aoo'l'e barg-air.ed
premil~e$ 'in the quiet: anc peaceable possession of the g~a"tltee, its successors
and a:,signs, against all and every person O~ persons lawful~.y clai,ming the
whole or any part: the~eof. The singula~ ~~mber shall include the pl~ral,
the plural' the singular, and the \lSe of gender shall be applicable to a~l
gende::s.
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TR1;'STEE .
E
~ e.. COl'l'lm"-'ion#lOlSS28 ii
11 , >^ ,,' . ., . -.. . - Nolory Pub:ic -~COlfiOml(l >
$'!'AT:E OF ~~ l' LO'::::::.~ !
' -/ ~__L.., My Co.""" !:xp.lrQ. Oct IS-1m
COWI'Y OF.".4< _ r-~ ) S$. .. ~ ~ ~ 4.-<J'
'l'he f<>regoing instrument was acknowledged before me this Q. ~- day of t2v~
1997 ,by !JOY l'oND Ml>.RV:N GROSS REVOCABLl! TRUST DATED SEPTEMBER 12, 1988,
AS A;.'lE:NDED BY MARVIN GROSS, TRUSTEE A~O:( C"R3?;" TRUSTEE.
W:I:TNEilS my hand and official seal ~~../ /~_ /
mv nnrnm'i ~~i~,... i=>,r."'d r"'~' ,l'Ih.z:-!q... Notary Pl;:blic
407692
TR~NS~R n~CL~R~TrON R;cnVJ:n M/?Ii!1tltl7
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EXHIBIT "BIl
1." Taxes for the year 1997 not yet due or payable.
2. Right of the ~roprietor of a vein or lode to extract and remove his
ore therefrom, should the same be found to penetr<?te or intersect the
premises hereby granted and right of way for ditches or canals
constructed by the authority of the United States as reserved in
United States Patent recorded .l:>.ugust 17, 1989 in Book 55 at Page 5,
3. Those terms, conditions, provisions, obligatio:1s, easements,
restrictions, assessments and all matters as set forth in Protective
Covenants for RED BUTTE SUBDIVISION recorded September 23, 1960 in
Book 191 at Page 598, deleting therefrom any re~trictions indicating
any preference, limitation or discrimination based on race, color,
religion, sex, handicap, familial status" or national origin,
'The above Protective Covenants were amended bv ADDE~~UM k~D AMENDMENT
TO PROTECTIVE CO-VEN~~TS recorded August 15, 1980 in Book 393 at Page
202.
4. Easem~nt as set forth in Quit Claim Deed recorded April 3, 1~63 in
Book 201 at Page 546.
5. Right of way as shown on Plat of the Red Butte Subdivision recorded in
Plat Book 2a at Page 259 and as further desc~ibed in Warranty Deed
recorded August 28, 1962 in Book 199 at Page 65.
6. k~y question, dispute o~ adverse claim as to any loss or gain of land
as a result of any change in the river bed location by other than
natural causes, or alteration through accretion, reliction, erosion
or avulsion of the center thread, bank, channel or flow of waters in
the Roaring F:>rk River lying within subject land; and any question as
to' ~he locati:>n of such center thread, bed, bank, bed or channel as a
legal description monument or marker for the purposes of describing
or locating sClbject lands,
NOTE: There are nO documents in the land records of the Office of the
Clerk and Rec:>rded of pitkin County, Colorado accurately locating
past or present location(s) of the center thread, bank, bed, or
channel of the above River or indicating any alterations of the same
as from time to time may have occured.
N'lD.
,...,.:,.;..;~;,.;,,\,.;.;
'fu:iy:pights, il1terest or easements in favor of the riparian owners,
~4e State of :olorado, The United States of America, or the general
l'\-lbl.ic, which exist, hOive existed, or are claimed to exist in and
oVer the waters and present and past bed and Danks of the Roaring
Fork River,
IllIlllllllllllllllllll11111111l! 111111 III 1111111111111
40769208t:z6/1997 e2:4Se~!i?RYI~ $;\,X!
3 Ot 3 R 16.0" P 20e.~0 N e,0!3PITKINCOC(j1.()~~Cl9
.,SEP";"10-97 1.q, S.q F'~OM,
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EXHIBIT A
A.Tract of land situated in the Southwest 1/4 of Section 1, Township 10
South, Range 85 West of the Sixth Principal Meridian,
Described as follows:
BEGI}"1"NING at a '~oint whence the Southwest Corner of s2.id Section 1
bears South 260'30' 20" West 166~,65 feet;
thence North 570 05' East 251.85 feet to the center of the Roaring Fork
River;
thence South 320 20' East 9.43 feet along the center of the Roaring Fork
River;
thence South 470 30' East 143.57 feet along the center of the Roaring
Fork River';
thence South 49053' 30" West 273,66 feet.;
thence along the arc of a curve to the right with a radius of 1183.26
feet a distance of 183.58 feet, a chord of which bears North 380 02' 30"
West 183.39 feet to the point of beginning.
CQ"QNTYQFPITKIN, STATE OF COLORADO.
11111111111I1111111111111111111111111111111.11111111111\
407692 08/29/1997 02,45P WD ORVIS SILVI
2 Of 3 R 16,00 0 208.00 N 0.00 PITKINCO COLORRDO