HomeMy WebLinkAboutLand Use Case.777 Castle Creek Dr.0024.2004.ASLU
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City of Aspen Community Development Dept.
CASE NUMBER
0024.2004.ASL U
PARCEL 10#
2735-122-34-001
CASE NAME
Fence Height variance
PROJECT ADDRESS
777 Castle Creek Dr
PLANNER
James Lindt
CASE DESCRIPTION
Fence Height variance to allow for dogs
REPRESENTATIVE
Crystal Lyons
DATE OF FINAL ACTION 6/08/04
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
06/09/04
BY
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De,criplionIREOUESTING 4112 FOOT FENCE TO ALLOW FOR DOGS.
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L&l Name IWALL
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. Applicant
L&l Name !WAlL
Phone 11970) 925-2417
iJ '1St Name ICHARLES R
188 E 70TH ST
NEWYORK NY 10021-5170
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Applicant:
Payee:
Type:
Permit Number
0024.2004.ASLU
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Permit Receipt
RECEIPT NUMBER 11320
CHARLES R & NANCY L WALL
April 2004
check
# 1728,1729
Fee Description
Aspen Land Use App Fees 2004
Total:
RETAIN FOR PERMANENT RECORD
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,
Date: 4/16/2004
Amount
1,310.00
1,310.00
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Charles and Nancy Wall, 777 Castle Creek Drive, Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
Units A and B of the Castle Creek Townhomes
Legal Description and Street Address of Subject Property
Variance from Residential Design Standards to construct fence greater than 42" tall in front of
front facade
Written Description ofthe Site Specific Plan and/or Attachment Describing Plan
Planning and Zoning Commission Resolution No. 20, Series of2004, 6/1/04
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
June 12,2004
Effective Date of Development Order (Same as date of publication of notice of approval.)
June 13,2004
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this lth day of June, 2004, by the City of Aspen Community
~velopmen ~i
Joyce llgaier, Commun' Development Deputy Director
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PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Units A and B of the Castle Creek Townhomes, by
resolution of the Planning and Zoning Commission numbered 20, Series of 2004. For
further information contact Julie Ann Woods, at the City of Aspen Community
Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090.
S/City of Aspen
Publish in The Aspen Times on June 12,2004
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Resolution No. 20
(Series of 2004)
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A VARIANCE FROM THE FENCE HEIGHT RESIDENTIAL
DESIGN STANDARD AT 777 CASTLE CREEK DRIVE, UNITS A AND B OF THE
CASTLE CREEK DRIVE TOWNHOMES, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel No. 2735-122-34-001
WHEREAS, the Community Development Department received an application
from Charles and Nancy Wall, seeking a variance from the fence height requirements
established in Land Use Code Section 26.410, Residential Design Standards, to construct a
six (6) foot tall horizontal wood fence along Cemetery Lane and a four foot and six inch
(4'6") tall iron fence along Castle Creek Drive on the property located at 777 Castle Creek
Drive, Units A and B of the Castle Creek Drive Townhomes, City of Aspen, Colorado;
and,
WHEREAS, pursuant to Section 26.410.020 of the Aspen Municipal Code,
Community Development Department Staff reviewed the fence application for compliance
with the Residential Design Standards Section ofthe Aspen Municipal Code and found the
submitted development application to be inconsistent with Review Standards pursuant to
26.41O.040(A)(3); and,
WHEREAS, Section 26.41O.020(C) of the Aspen Municipal Code provides that if
an application is found by the Community Development Department Staff to be
inconsistent with any item of the Residential Design Standards, the Applicants may either
amend the application or request a variance from the Planning and Zoning Commission
pursuant to Land Use Code Section 26.410, Residential Design Standards; and,
WHEREAS, pursuant to Section 26.41O.020(B) of the Aspen Municipal Code, the
Applicants submitted a request for a variance from the Residential Design Standard set
forth at Section 26.41O.040(A)(3) of the Aspen Municipal Code pertaining to fence height;
and,
WHEREAS all applications for a variance from the Residential Design Standards
of Section 26.410.040 must meet one of the following review standards in order for the
Planning and Zoning Commission to grant an exception, namely the proposal must:
a) Provide an appropriate design or pattern of development considering the
context in which the development is proposed and purpose of the particular
standard. 1n evaluating the context as it is used in the criteria, the reviewing
board may consider the relationship of the proposed development with
adjacent structures, the immediate neighborhood setting, or a broader
vicinity as the board feels is necessary to determine if the exception i.,
warranted; or,
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b) Be clearly necessary for reasons of fairness related to unusual site-
specific constraints.
WHEREAS, the Community Development Director, after review of the requested
variance, recommended denial of the proposed request, finding that the applicable review
standards are not met by the proposal; and,
WHEREAS, during a duly noticed public hearing on May 18, 2004, the Planning
and Zoning Commission opened and continued the review of the variance request to June I,
2004; and,
WHEREAS, during a duly noticed public hearing on June I, 2004, the Planning
and Zoning Commission approved with conditions, by a five to zero (5-0) vote, the
requested residential design standard variance to construct a six (6) foot tall horizontal
wood fence along Cemetery Lane and a four foot and six inch (4'6") tall fence along
Castle Creek Drive on the property located at 777 Castle Creek Drive, Units A and B of
the Castle Creek Drive Townhomes, City of Aspen, Colorado; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION as follows:
Section 1
That a variance from the fence height standard of the Residential Design Standards to
construct a six (6) foot tall horizontal wood fence along Cemetery Lane and a four foot and
six inch (4'6") tall fence along Castle Creek Drive is hereby approved for the property
located at 777 Castle Creek Drive, Units A and B of the Castle Creek Drive Townhomes,
with the following conditions:
I. The Applicants shall obtain a fence permit from the City of Aspen Building
Department prior to installing the fence. The fence permit submittal shall
include a site plan demonstrating that the fence shall not be constructed in the
line of sight of motorists turning onto Cemetery Lane from Castle Creek Drive
as is to be reviewed by the Community Development Engineer.
2. The Applicants shall excavate those postholes to be located within the root
zones of the existing Cottonwood and Spruce trees on the property by hand to
avoid damaging the root systems. The location of the fence posts shall be
planned in a manner in which the majority of the postholes will be located in
the area between trees and not directly behind existing tree trunks.
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3. The Applicants shall not locate a posthole within IS inches of the trunk of an
existing tree.
4. In the event that the Spruce trees on the southeastern portion of the property
need to be trimmed in order to accommodate the location of the proposed
fence, the Applicants shall preserve the branches on the Castle Creek Drive
(eastern) side of said trees.
5. The fence height variance granted herein shall only be for the type of fences
applied for in the application (a cut sheet of the iron fence is attached as Exhibit
"A" and a cut sheet of the wood privacy fence is attached as Exhibit "B"). Any
changes in material or opacity of the fence designs approved herein shall
require an amendment to this variance approval.
Section 2:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission, are hereby
incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 3:
This resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 1st day
ofJune, 2004.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
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ATTEST:
Jackie Lothian, Deputy City Clerk
777 Castle Creek Drive Variance from Residential Design Standards- Public \
Hearing, Continued from May 18th 1,./ '~". C .. .c'y,\,\,.r" K/ I'.
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MEMORANDUM
To:
Aspen Planning & Zoning Commission
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Joyce Allgaier, Community Development Deputy Director
THRU:
FROM:
James Lindt, Planner '"j L--
RE:
DATE:
June I, 2004
ApPLICANT: Charles and Nancy Wall
PARCELID: 2735-122-34-001
ADDRESS: 777 Castle Creek Drive; Units I and 2, of the Castle Creek Drive
Townhomes
ZONING: R-15 (Moderate-Density Residential) Zone District
CURRENT LAND USE: Duplex
LAND USE REQUEST: The Applicant is requesting a variance from the Residential
Design Standards to construct a fence greater than forty-two inches tall in front of the
front fayade of the duplex.
RECOMMENDATION:
Staff cannot support the variance request.
ApPLICATION SUMMARY:
The Applicants, Charles and Nancy Wall, seek a variance from the requirements established in
Land Use Code Section 26.410, Residential Design Guidelines, in order to construct a fence
greater than forty-two (42) inches in height that is forward of the front fayades of their duplex
at 777 Castle Creek Drive. There are two types of fences being proposed for the corner
property at 777 Castle Creek Drive. Along Castle Creek Drive, the Applicant is proposing to
construct an iron fence with posts of four feet and six inches (4' 6") tall and rails extending to
about four feet and four inches (4'4") off of grade. The Applicants have also proposed to
construct a six (6) foot tall horizontal wood fence along Cemetery Lane that would venture
slightly forward of the front fayade and connect with the iron fence near the corner of Cemetery
Lane and Castle Creek Drive.
Please note that the Applicants have the ability to construct the proposed wood fence along
Cemetery Lane until it is even with the front fayade of the garage of Unit B without obtaining a
variance. That being the case, the variance request is only for the iron fence along Castle
Creek Drive and the remainder of the wood fence forward of the front fayade of Unit B's
garage. TIle Applicants have indicated that they are making the request to construct a taller
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fence than is allowed by the standards in order to contain their Doberman pinscher dogs within
the yard.
REVIEW PROCESS:
All applications for variance from the Residential Design Standards must meet one of the
following review standards in order for the Planning and Zoning Commission to grant the
requested exception:
a) The variance shall provide an appropriate design or pattern of development
considering the context in which the development is proposed and purpose of
the particular standard. In evaluating the context as it is used in the criteria,
the reviewing board may consider the relationship of the proposed development
with adjacent structures, the immediate neighborhood setting, or a broader
vicinity as the board. feels is necessary to determine if the exception is
warranted; or,
b) Be clearly necessary for reasons of fairness related to unusual site-specific
constraints.
STAFF COMMENTS:
In reviewing the variance request, Staff believes that the wood portion of the fence that is
proposed along Cemetery Lane is consistent with the other six (6) foot tall privacy fences that
exist along Cemetery Lane on this particular block as can be seen in the picture below.
6- F oot Tall Fences
along Cemetery. Lane
Additionally, the height of the proposed iron fence along Castle Creek Drive is fairly consistent
in height with that of the other fences located along Castle Creek Drive as can be seen in the
picture below.
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6-Foot Tall Fence
However, Staff feels that allowing the proposed variance request would further a fence
phenomenon in this particular area that contradicts the intent of the site design standards of the
residential design guidelines established in Land Use Code Section 26.410.040. The intent
language of the abovementioned site design standards indicates that fences should define the
boundaries of private property without eliminating the visibility of the house and the front yard
from the street.
In this situation, Staff feels that the additional foot requested by the Applicant on the iron fence
would effectively hamper the ability of pedestrians to clearly view the house and the front yard
even though the fence is not a privacy fence. Thus, approving this request would further the
unfriendly relationship that the residences along Castle Creek Drive portray to pedestrians in
the right-of-way and the public realm. Moreover, Staff believes that existing technology
provides other means of maintaining pets within the confines of yards without requiring taller
fences than are allowed by the code.
In reviewing the safety considerations relating to the proposed variance, the Community
Development Engineer has reviewed the request and believes that the Applicants have
proposed to end the wood portion of the fence far enough away from the comer of Cemetery
Lane and Castle Creek Drive so as not to impair the vision of motorists turning from Castle
Creek Drive onto Cemetery Lane.
If the Planning and Zoning Commission is inclined to approve the proposed variance request,
Staff would recommend that the Commission require the conditions of approval in the attached
resolution that appropriately ensure line of sight compliance by requiring the fence permit
plans to meet the City Engineering Department's line of sight requirements. The proposed
conditions of approval also include a condition intended to prevent tree health concerns as a
result of constructing the proposed fence in that the condition requires that the post holes be
hand excavated and setback at least a foot and a half from the existing tree trunks on the site.
STAFF RECOMMENDATION:
Staff does not feel that we can support the proposed fence variance in that it would further a
negative neighborhood phenomenon of blocking out the pedestrian public realm from that of
the private realm by constructing tall fences along the streetscape.
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RECOMMENDED MOTION (ALL MOTIONS ARE STATED IN THE POSITIVE):
"I move to approve Resolution No21J, Series of 2004, approving with conditions, a variance
from the fence residential design standard to construct a wood fence of six (6) feet tall along
Cemetery Lane and an iron fence of four feet and six inches (4' 6") tall along Castle Creek
Drive on the parcel of land located at 777 Castle Creek Drive, Units A and B of the Castle
Creek Drive Townhomes, City and Townsite of Aspen."
ATTACHMENTS:
Exhibit A -- Review Criteria & Staff Findings
Exhibit B -- Application
Exhibit C -- Referral Comments
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Resolution No..2:i2
(Series of 2004)
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A VARIANCE FROM THE FENCE HEIGHT RESIDENTIAL DESIGN
STANDARD AT 777 CASTLE CREEK DRIVE, UNITS A AND B OF THE CASTLE
CREEK DRIVE TOWNHOMES, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-122-34-001
WHEREAS, the Community Development Department received an application from
Charles and Nancy Wall, seeking a variance from the fence height requirements established in
Land Use Code Section 26.410, Residential Design Standards, to construct a six (6) foot tall
horizontal wood fence along Cemetery Lane and a four foot and six inch (4'6") tall iron fence
along Castle Creek Drive on the property located at 777 Castle Creek Drive, Units A and B of
the Castle Creek Drive Townhomes, City of Aspen, Colorado; and,
WHEREAS, pursuant to Section 26.410.020 of the Aspen Municipal Code,
Community Development Department Staff reviewed the fence application for compliance
with the Residential Design Standards Section of the Aspen Municipal Code and found the
submitted development application to be inconsistent with Review Standards pursuant to
26.41O.040(A)(3); and,
WHEREAS, Section 26.41O.020(C) of the Aspen Municipal Code provides that if an
application is found by the Community Development Department Staff to be inconsistent with
any item of the Residential Design Standards, the Applicants may either amend the application
or request a variance from the Planning and Zoning Commission pursuant to Land Use Code
Section 26.410, Residential Design Standards; and,
WHEREAS, pursuant to Section 26.41O.020(B) of the Aspen Municipal Code, the
Applicants submitted a request for a variance from the Residential Design Standard set forth at
Section 26.41O.040(A)(3) of the Aspen Municipal Code pertaining to fence height; and,
WHEREAS all applications for a variance from the Residential Design Standards of
Section 26.410.040 must meet one of the following review standards in order for the Planning
and Zoning Commission to grant an exception, namely the proposal must:
a) Provide an appropriate design or pattern of development considering the context
in which the development is proposed and purpose of the particular standard. In
evaluating the context as it is used in the criteria, the reviewing board may
consider the relationship of the proposed development with adjacent structures,
the immediate neighborhood setting, or a broader vicinity as. the board feels is
necessary to determine if the exception is warranted,- or,
b) Be clearly necessary for reasons of fairness related to unusual site-specific
constraints.
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WHEREAS, the Community Development Director, after review of the requested
variance, recommended denial of the proposed request, finding that the applicable review
standards are not met by the proposal; and,
WHEREAS, during a duly noticed public hearing on May IS, 2004, the Planning and
Zoning Commission opened and continued the review of the variance request to June I, 2004; and,
WHEREAS, during a duly noticed public hearing on June I, 2004, the Planning and
Zoning Commission approved with conditions, by a to L---.J vote, the requested
residential design standard variance to construct a six (6) foot tall horizontal wood fence along
Cemetery Lane and a four foot and six inch (4'6") tall fence along Castle Creek Drive on the
property located at 777 Castle Creek Drive, Units A and B of the Castle Creek Drive Townhomes,
City of Aspen, Colorado; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission fmds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION as follows:
Section 1
That a variance from the fence height standard of the Residential Design Standards to construct a
six (6) foot tall horizontal wood fence along Cemetery Lane and a four foot and six inch (4' 6")
tall fence along Castle Creek Drive is hereby approved for the property located at 777 Castle
Creek Drive, Units A and B of the Castle Creek Drive Townhomes, with the following conditions:
I. The Applicants shall obtain a fence permit from the City of Aspen Building
Department prior to installing the fence. The fence permit submittal shall include a
site plan demonstrating that the fence shall not be constructed in the line of sight of
motorists turning onto Cemetery Lane from Castle Creek Drive as is to be reviewed by
the Community Development Engineer.
2. The Applicants shall excavate those postholes to be located within the root zones of
the existing Cottonwood and Spruce trees on the property by hand to avoid damaging
the root systems. The location of the fence posts shall be planned in a manner in
which the majority of the postholes will be located in the area between trees and not
directly behind existing tree trunks.
3. The Applicants shall not locate a posthole within IS inches of the trunk of an existing
tree.
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4. In the event that the Spruce trees on the southeastern portion of the property need to be
trimmed in order to accommodate the location of the proposed fence, the Applicants
shall preserve the branches on the Castle Creek Drive (eastern) side of said trees.
Section 2:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planning and Zoning Commission, are hereby incorporated in such plan development approvals
and the same shall be complied with as if fully set forth herein, unless amended by an authorized
entity.
Section 3:
This resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 1st day of June,
2004.
APPROVED AS TO FORM:
PLANNING AND ZONING COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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EXHIBIT A
REVIEW CRITERIA & STAFF FINDINGS
Section 26.410 Residential Design Standards
The Plmming and Zoning Commission may grant relief from the Residential Design Standards
at a public hearing if the variance request is found to:
a) Provide an appropriate design or pattern of development considering the
context in which the development is proposed and purpose of the particular
standard. In evaluating the context as it is used in the criteria, the reviewing
board may consider the relationship of the proposed development with adjacent
structures, the immediate neighborhood setting, or a broader vicinity as the
board feels is necessary to determine if the exception is warranted; or,
Staff Findin~:
As was stated in the Staff Memorandum, Staff feels that the variance request to construct a six
(6) foot tall wood fence along Cemetery Lane and an iron fence of four feet and six inches
(4'6") tall along Castle Creek Drive is consistent with the fence development pattern in the
immediate area. However, Staff believes that the requested variance would further a negative
neighborhood pattern of fence development that portrays an unwelcome feeling to pedestrians in
their relationship with the private realm. Staff does not believe that this standard is met by the
proposal.
b) Be clearly necessary for reasons of fairness related to unusual site-specific
constraints.
Staff Findin~:
Staff does not believe that there are any site-specific constraints on the property in that the site
is not a substandard property and the site is perfectly flat in terms of topography. Staff does
not find this criterion to be met by the proposal.
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ATTACHMENT 2 -LAND USE APPLICATION
APPliCANT:
Parcel ill #
Name:
Location:
REPRESENTATIVE:
Name:
Address:
Phone #:
PROJEcr:
ol'-lS h.NC\
Name:
Address:
Phone #:
TYPE OF APPLICATION: (please check all that apply):
0 Conditional Use 0 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
0 GMQS Exemption 0 Subdivision 0 Historic Designation
0 ESA - 8040 Greenline, Stream 0 Subdivision ExemptIon (includes 0 Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
0 Lot Split 0 Temporary Use 0 Other:
0 Lot Line Adiustment 0 Text/Mao Amendment
I
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H~ve you attached the following?
o Pre-Application Conference Suromary
o Attachment #1, Signed Fee Agreement
o Response to Attachment #3, Dimensional Requirements Form
o Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
. FEES DUE: $JI~ \ 0=
All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Format) must be submitted as part ofthe application.
RETA.IN FOR PERMANENT RECORD
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mON FENCE DESCRIPTION (as per drawing)
.:. Height offence posts will be 4' 6"
_.:. Height Qfrailing on fence will be 4'4 'l2" (only I 'l2 inclies,belowtop of posts)
.:. There will be 6 indies between the top and middle rails ' ~
.:. Pickets will be spaced 4 inches apart except between top and middle rails
where they will be spaced 9 'l2 inches apart
.:. Bottom rail will UI: off of the ground 2 inches
.:. Pickets will be I 'l2 inches square
.:. Posts will be 4 inches square except ends and corners which will be 6 inches
square ~
.:. There will be 3 rails on both sides of the fence. The top 2 rails will be 2 inch
flat bar and the bottom rail will be 3 inch flat bar, The cap on the top of the .
fence will also be 2 inch flat bar
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.:. This fence will be installed on the inside of the existing green 6x6 retaining
ties (as per color coded plat map) approximately 4-5 feet off of the edge of
pavement of Castle Creek Drive
.:. This fence will be'very similar to the fence around the schoolyard on Bleeker
Street (photograph of this fence enclosed)
.:. There will be a double drive gate system on each driveway, with an automatic
gate operating system. The gates will open into the property. A mounted
keypad will be placed on the roadside of the fence for entry.
REASON FOR REQUEST:
We are requesting this fence to be taller than 42 inches because there
will be Doberman pinscher dogs behind the fence. A 42-inch tall fence would be
very easy for this type of dog to jump over. We are asking that the height of the
actual railing on the fence be 52 1/2 inches. This is our preference however we
do not want to go below 48 inches.
RETAIN FOR PERMANENT RECORD
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SCHEME "C"
SCALE: 1/2" = 1'-0"
RETA'~ !:OR PERMANeNT RECORD
II
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,""",
HORIZONTAL WOOD FENCE DESCRIPTION as per drawing
. Height of wood fence will be 6 feet
. Boards will run horizontally from top to bottom
. Boards will be a lx6x8 with a Y:z inch gap between each
. Posts will be 6x6x8 and will be set on 8-foot centers
. There will be a cap board on the top of this fence which will be a lx8x8
. This fence will continue north (from existing neighbors fence) parallel to
Cemetery Lane and meet up with the iron fence (as per color coded plat map)
. This fence will be similar to a fence that is on the west side of Cemetery Lane
and approximately one block south of the site address
REASON FOR REQUEST:
We are requesting this fence be 6-feet tall in order to help keep the dust
down and also some of the noise from Cemetery Lane. The fence would be
approximately 11 feet off of the pavement of Cemetery Lane for the majority of
the distance, then cross over the ditch at an angle and meet up with a section of
the iron fence. Again please see color coded plat map.
RETAIN FOR PERMANENT RECORD
,......
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RETAIN FOR PERMANENT RECbRD
II
Brian Flynn, 08:36 AM 04/26/2004 , 777 Castle Creek Drive
......
Page I of I
~X~16i'f "C/i
X-Sender: brianf@commons
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Mon, 26 Apr 200408:36:10 -0600
To: jamesl@ci.aspen.co.us
From: Brian Flynn <brianf@ci.aspen.co.us>
Subject: 777 Castle Creek Drive
X-MailScanner-Information: Please contact the lSP for more information
X-MaiIScanner: Found to be clean
Parks Department Comments:
I) Installation of the fence around the root zones of the trees located on site shall take place by hand, no
trenching machines' or larger digging machines can be used in or around any of the Cotton wood trees or
the Spruce trees. Planning should be considered in a manner that lessen the amount of disturbance to
roots. The location of the posts should be planned so a majority of the posts (holes) are located between
tree trunks, not directly in front of the trunk.
2) The final location of the fence should be 1.5 feet from the trunk of each tree, allowing for minimum
disturbance and future growth of the trees root zone.
3) The fence location on the Cemetery Lane side of the property does not negate the responsibility of the
property owner from maintaining the ROW along the property and Cemetery Lane. ie: ditch
maintenance, trash removal, landscape maintenance, etc...
4) Street-scape protection. The proposed fence along the spruce hedge should be moved into the
property far enough for the owner to minimize the damage or need for tree trimming. However, the
parks department understands that the trees may need to be trimmed up in order to accommodate the
location of the fence. If the trees are trimmed Parks asks that attention be taken to the trees and protect
the branches on the Castle Creek side of the trees.
Brian Flynn, Parks & Open Space Coordinator
130 South Galena St Aspen, CO 81611 970-920-601l(P) 970-920-5l28(F)
Printed for James Lindt <jamesl@ci.aspen.co.us>
04/26/2004
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LEGEND
. FOUND 11/8" STEEL ROD PROPERTY CORNER MONUMENT.
. SET 11/8" STEEL. ROD PROPERTY CORNER MONUMENT WITH
MARKED "BUETTNER I a 16S" (8/9/90)
GCE GENERAL COMMON ELEMENT
LCE LIMITED COMMON ELEMENT
PL ASTIC CAP
SURVEYOR'S CERTIFICATE
I, .LOUIS H. BUETTNER HEREBY CERTIFY THAT IN AUGUST, 1990,
SURVEYS WERE PERFORMED UNDER MY SUPERVISION OF "777 CI
CONDOMINIUMS, AS SHOWN HEREON, .....~<.,.,....".
~...."7 .:'-I<......,.~..
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"u LOUIS H, BUETTNER LS lal66 :.f:-, ''''<,~,..:.
~~ ~ /?'f!.j> ";"';" ',' ';'.
Brian Flynn, 08:36 AM 0 }f2004 , 777 Castle Creek Drive
Page I of I
LXi]! 1)..1 '1(. /
X-Sender: brianf@commons
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Mon, 26 Apr 2004 08:36:10 -0600
To: jamesl@ci.aspen.co.us
From: Brian Flynn <brianf@ci.aspen.co.us>
Subject: 777 Castle Creek Drive
X-MaiIScanner-lnformation: Please contact the lSP for more information
X-MaiIScanner: Found to be clean
Parks Department Comments:
I) Installation of the fence around the root zones of the trees located on site shall take place by hand, no
trenching machines or larger digging machines can be used in or around any of the Cotton wood trees or
the Spruce trees. Planning should be considered in a manner that lessen the amount of disturbance to
roots. The location of the posts should be planned so a majority of the posts (holes) are located between
tree trunks, not directly in front of the trunk.
2) The final location of the fence should be 1.5 feet from the trunk of each tree, allowing for minimum
disturbance and future growth of the trees root zone.
3) The fence location on the Cemetery Lane side of the property does not negate the responsibility of the
property owner from maintaining the ROW along the property and Cemetery Lane. ie: ditch
maintenance, trash removal, landscape maintenance, etc...
4) Street -scape protection. The proposed fence along the spruce hedge should be moved into the
property far enough for the owner to minimize the damage or need for tree trimming. However, the
parks department understands that the trees may need to be trimmed up in order to accommodate the
location of the fence. If the trees are trimmed Parks asks that attention be taken to the trees and protect
the branches on the Castle Creek side of the trees.
Brian Flynn, Parks & Open Space Coordinator
130 South Galena St Aspen, CO 81611 970-920-6011(P) 970-920-5l28(F)
Printed for James Lindt <jamesl@ci.aspen.co.us>
04/2612004
.......-....
......
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 711 LA$\l.E C2.E:a\L~~E.
SCHEDULED PUBLIC HEARING DATE: '\-J ~'( ~ ~
, Aspen, CO
,200~
STATE OF COLORADO )
) ss.
County of Pitkin )
I, NA.Nc:."( L\1J I:::..L.L . (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
_ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
/ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the ?,'<'Ji day of
~t:sy ,2004-, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
/ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
-
-
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prioc '" <he p,blr, b="g"' ,ocb ~'"'~ / ~
Signat~
The 'oreR'jo, "Aft""" "N,""" _ ,,-~WIOO'OO "lore ille till, L7ik
of ,L1.PJ ,200.0'by ,4!417(!-y L /{}tj-iC
e S. Dangler
WITNESS MY HAND AND _~~AbPlres
My Coror(IISSlOn
March5,2~
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO Sl6ll
JBL KEYSTONE LLC
POBOX 8355
ASPEN, CO Sl6l2
KENDALL PHILLIP A
1915 WOOD AVE
COLORADO SPRINGS, CO S0907
ENGLANDER ALAN S TRUST
323 RAILROAD AVE
GREENWICH, CT 06S36
CERISE JAMES M
790 CASTLE CREEK DR
ASPEN, CO Sl6ll
WINCHESTER ROBERT P
PO BOX 5000
SNOWMASS VILLAGE, CO
Sl6l5
ROWLANDS DONNA K REV
TRST
POBOX S310
ASPEN, CO Sl6l2
777 CLUB LLC
777 CEMET AR Y LN
ASPEN, CO Sl6ll
ROUSH G JAMES
AS TRUSTEE OF ROUSH TRUST
2441 EVERGREEN POINT RD
BELLEVUE, W A 9S004
-
_ RED BUTTE CEMETERY
PO BOX 194 .
ASPEN, CO Sl6ll
STERTZER ELIANE C
PO BOX 2746
ASPEN, CO Sl6l2
BLACK BETSY P
S25 CEMETERY LN
ASPEN, CO Sl6ll
SCHWARTZ EDWARD H REV
TRUST
I SOUTH WACKER DR
SUITE 3600
CHICAGO, IL 60606-4614
WALL CHARLES R
777 CASTLE CREEK DR
ASPEN, CO Sl6ll
WEIMANN JOACHIM J &
RENA IE F
775 CEMETERY LN
ASPEN, CO Sl6ll
ZANIN F AMIL Y INVST LLC
0030S MC SKIMMING RD
ASPEN, CO S16ll
ORE BUCKET ASSOCIATES
CONNERY ROBERT T CIO
PO BOX S749
DENVER, CO S020l
DRUEDlNG WILLIAM L &
THOMAS W
735 CEMETERY LN #B
ASPEN, CO Sl6ll
DANKS LAURA
S45 CEMETERY LN
ASPEN, CO Sl6ll
HOMEYER EVE
SI 0 CEMETERY LN
ASPEN, CO Sl6ll
ESARY GARY S
PO BOX 8725
ASPEN, CO Sl6l2
STRlCKSTEIN F AMIL Y TRUST
12599 E SILVER SPUR
SCOTTSDALE, AZ 85259
WALL CHARLES R
777 CASTLE CREEK DR
ASPEN, CO Sl6ll
KOPF CAROL ANN & DONALD
W
PO BOX 956
ASPEN, CO S16l2
HUDSON FRASHER ANN
616 TEXAS ST
FORT WORTH, TX 76102
CALLAHAN JOHN E &
CYNTHIA A
750 CEMETERY LN
ASPEN, CO Sl6l1
CARRIS SANDRA L TRUST
TWO
PO BOX 966
ASPEN, CO Sl6l2
,.'~
....
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
SCHEDULED PUBLIC HEARING DATE:
,200
ADDRESS OF PROPERTY:
STATE OF COLORADO )
) 55.
County of Pitkin )
,
I, .:=S-C \ l L" ~5> ~ 1\11 C(i/ (name, please print)
being or representing an Applic t to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
L Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
~ Posting of notice: By posting of notice, which form was obtained from thl(
Community Development Department, which was made of suitable, 1
waterproofmatt;rials, which was not less than twenty-two (22) inches wide).
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fift~en (15) days
prior to the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time ofthe public
hearing. A photograph of the posted notice (sign) is attached hereto.
~ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid u.s. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or guasi-governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners s~ll be
those on the current tax records of Pitkin County as they appeared no mor~ than
sixty (60) days prior to the date of the public hearing. A copy of the owne~ and
governmental agencies so noticed is attached hereto.
(continued on next page)
"...
......
"""
...,
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended y,cidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
The foregoing "Affidavit of Notice" was a~~edged bef~Hle this !1- day
of ~ ,200"1,by < 50 ~
WITNESS MY HAND AND OFFICIAL SEAL
My commissio expires: ~ I
PI 'I \II}. '
1 HIll ~1 dri,i
/
PUBUC NOTICE
RE: 777 AND 787 CASTLE CREEK DRIVE RFSIOEN-
TIAL DESIGN STANDARD VARIANCE TO CON-
STRUCT A FENCE
NOTICE IS HEREBY;GNEN that a public hearing' ;
will be held on May 18, 2004 at a meeting to begin I
at 4-:30 P.M. before the Aspen Planning and Zon-
ing Commission, Sister Cities ROQrn', City Hall, 130. .
S. Galena Street, to review an application submit- !
~-::':,~h~~~':':'.:.OYt::'~I=::;~'~:I;; ,RAPH OF THE POSTED NOTICE (SIGN)
standards to construct a sbl: (6) foot tall wood
fence _iliang tire western property line and a,_52-
Inch tall iron renee aJong the property line abut- r EN NO ED
tin, eMlIe C~k Drive 01 m an<! 787 CM lie AND GOVERNMENTAL AG CIES TIC
Creek Drive. The su!>lect property contains a du- BY U "IL
plex that Is addressed 777 -and '(87 Castle Creek It'.lL'::l
DrIve and Is legally described as Units A and B, 01
thecastleCreek~Townhomes.
For further Inf, contact JameS Undt at
the City of Aspen. . .unlty_npment De-
partment, 130 Sou ena St;, Aspen, CO (970)
920-5095. jamesJOcl pen.co.us.
.. s/lumine Tygre, Chair
Aspen Planfl1ng an.d Zoo1ng Commission
Published In The Aspen TImes on May 1, -2004.
(I460?
ATTACHMENTS:
COPY OF THE PUBLICATION
--
"-
"..'.....
....,,""
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Al!reement for Payment of City of Aspen Develooment Aoolication Fees
CITY OF ASPEN (hereinafter CITY) and ~U=..S ~ ,.: ~C't L. W4LL
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1, . ~f'LICANT.has submitted tOf'CI~ an if plication for
nPlq t \;MIQrlC.J Ot- I-€n.o
(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 montWy basis. .. APPLICANT agrees additional costs may accrue following their liearings and/or
approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make
additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY
agrees it will be benefited through the greater certainty of recovering its full costs to process
APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Conunission and/or City Council to enable the
Planning Conunission and/or City Council to make legally required fmdings for project consideration,
unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial
deposit in the amount of $1;10 <eo which is for _ hours of Community Development staff
time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional montWy
billings to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review at a rate of $205.00 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 sucli
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.
Julie Ann Woods
Community Development Director
By:
CITY OF ASPEN
By:
Date:
g: \support\forms\agrpayas.doc
6/05/03
Billing Address and Telephone Number:
Reauired /' /' A_
'1 '77 u:srLE:.. U2.E:.,=:\::", LR.\\fE
AS:;:'f::.N1 Co 6\IoH
q(o.-g"ZS-24-\1~
RETAIN FOR PER:ilANENT RECORD
.......
,
.......
,-"
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Proj ect:
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
NDn~~~g
'711 eek Dr"'.
(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.)
Proposed:
Proposed:
Proposed:
Commercial net leasable:
Number of residential units:
Number ofbedroorns:
Existing:
Existing:
Existing:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing: Allowable: Proposed:
Principal bldg. height: Existing: Allowable: , Proposed:
Access. bldg. height: Existing: Allowable: Proposed:
On-Site parking: Existing: Required: Proposed:
% Site coverage: Existing: Required: Proposed:
% Open Space: Existing: Required: Proposed:
Front Setback: Existing: Required: Proposed:
Rear Setback: Existing: Required: Proposed:
Combined FIR: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Combined Sides: Existing: Required: Proposed:
Existing non-conformities or encroachments:
Variations requested:
W od e
reCjLJ€.s+lnC( W rerh().lncl~Y' OJ..
be. \ ('Or\ 1-0 'D e 4' !.D" +0 ll.
f'tnt<
RETAIN FOR PERMANENT RECORD
-
,
-
,
PUBLIC NOTICE
RE: 777 AND 787 CASTLE CREEK DRIVE RESIDENTIAL DESIGN
STANDARD VARIANCE TO CONSTRUCT A FENCE
NOTICE IS HEREBY GIVEN that a public hearing will be held on May 18, 2004 at a
meeting to begin at 4:30 P.M. before the Aspen Planning and Zoning Commission, Sister
Cities Room, City Hall, 130 S. Galena Street, to review an application submitted by
Charles and Nancy Wall requesting approval of a variance from the residential design
standards to construct a six (6) foot tall wood fence along the western property line and a
52 Yz inch tall iron fence along the property line abutting Castle Creek Drive at 777 and
787 Castle Creek Drive. The subject property contains a duplex that is addressed 777 and
787 Castle Creek Drive and is legally described as Units A and B, of the Castle Creek
Drive Townhomes. For further information contact James Lindt at the City of Aspen
Community Development Department, 130 South Galena St., Aspen, CO (970) 920-
5095. jamesl(ii)ci.aspen.co.us.
SIJasmine Tygre, Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on May I, 2004
City of Aspen Account
-
-
.....
-
MEMORANDUM
RE:
Plans were routed to those departments checked-off below:
o ........... City Engineer
o ......... Community Development Engineer
0......... Police Department
o ........... Zoning Officer
o ........... Housing Authority
X ........... Parks Department
0........... Aspen Fire Marshal
0........... City Water
0........... Aspen Consolidated Sanitation District
o ........... Building Department
o ........... Environmental Health
0........... Electric Department
0........... Holy Cross Electric
0........... City Attorney
0........... Streets Department
0........... Historic Preservation Officer
0........... Pitkin County Plarrning
()......... Dftc:
James Lindt, Plarrner
Community Development Department
130 So. Galena St.; Aspen, CO Sl611
Phone-920.5095 Fax-920.5439
777 Castle Creek Drive DRAC Variance- Fence
TO:
FROM:
Parcel ID #2735-122-34-001
DATE: 4/20104
COMMENTS: Brian,
Please review the attached application for a DRAC variance to construct a fence of
greater than 42" tall in front of the front fa<;ade of the duplex at 777 Castle C,eek Drive.
Please note that the Applicant is proposing to construct the iron portion of the fence
behind the mature trees along Castle Creek Drive. Comments about how far the fence
posts should be from the tree trunks and whether the Applicant needs to hand excavate
post holes around the tree roots would be appreciated.
DRC Meeting:
Comments Dne:
No DRC Meeting
April 28, 2004
Thank You,
James Lindt
-
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,
130 S. Galena St.
Aspen CO 81611
(970) 920.5090
(970) 920-5439, fax
Aspen Community
Development
Department
Fax
To: Nancy Wall From: James Lindt
Fax: 429-0242 Pages:
Phone: Date: 4/30104
Re: Allowed 6' Tall Fence Location CC:
D Urgent
D For Review
D Please Comment D Please Reply
D Please Recycle
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Hi Nancy,
The following plan identifies the location where a fence of over 42 inches (but not more than 6 feet) can
be built on your property without obtaining a variance from the residential design standards. The
dashed line on the plan indicates the above described fence area. Please let me know if you have any
questions about the area or if you can't identify the dashed line on the plan.
Thanks,
James