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HomeMy WebLinkAboutLand Use Case.507 Sneaky Ln.0085.2004 City of Aspen Community Development Dept. CASE NUMBER 0085.2004.ASLU PARCEL ID NUMBER 2735-12-2-70-004 PROJECT ADDRESS 507 SNEAKY LN PLANNER CHRIS LEE CASE DESCRIPTION ESA-STREAM MARGIN - ADDITION OF 133 SQ FT HOME OFFICE REPRESENTATIVE JEFFREY ORSULAK 927-8743 XIS DATE OF FINAL ACTION 3/23/2005 CLOSED BY Denise Driscoll 11111I111 ~ 11111111111111 :;;::~~;~ ~ 1 Z1A SILVIR DAVIS PITKIN COUNTY CO R 16.00 0 0.00 RESOLUTION NO. jf1 (SERlES OF 2005) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A STREAM MARGIN REVIEW FOR A PROPERTY LOCATED AT 507 SNEAKY LANE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID NUMBER: 273512270004 WHEREAS, the Community Development Department received an application from Dr. Ann Mass, represented by Jeffery Orsulak (Lipkin Warner Design and Planning, LLC.), requesting Stream Margin Review approval for an addition of201 square feet to the Applicant's duplex property located at 507 Sneaky Lane in the City of Aspen; and, WHEREAS, the applicant's property is a 51,770 sq. ft. lot located in the R-30 PUD Zone District and in an Environmentally Sensitive Area as defined by Section 26.435 of the City of Aspen Land Use Code; and, WHEREAS, the Community Development Department Staff reviewed the Application for compliance with the Stream Margin Review Standards; and, WHEREAS, the Community Development Engineer, City Engineer, Parks Department, Water Department, Sanitation District and Building Department reviewed the development proposal for 507 Sneaky Lane and provided written referral comments as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, site visits, and the applicable Land Use Code standards, the Community Development Director recommended approval of the Steam Margin Review with conditions; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; 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 Planning and Zoning Commission approves the Stream Margin Review request, by a vote of~to i!ml ( ~- a ); and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the Stream Margin Review request for an addition totaling 201 square feet at 507 Sneaky Lane with the following conditions: I) The Applicant shall provide upland tree protection fencing in the form of Panel Fencing around the drip line of all vegetation to be saved on site within 10 feet of the building envelope. The Applicant shall call the City Forester for an inspection of this fencing before any construction activities begin. No excavation, storage of materials, or any other use will occur within this zone during construction activities. 2) The Applicant shall place construction and silt protection fencing along the Stream Margin area for protection of the Castle Creek corridor before any construction activities are to begin. The Applicant shall submit a detailed riparian fencing plan detailing the protected area along the riverbank prior to the application of building permits. City Forester must be called for an inspection before any construction activities begin. 3) The Applicant shall submit a plat that meets with the approval of the Community Development Director and City Engineer indicating the proposed building envelope and have such plat recorded at the office of the Pitkin County Clerk and Recorder. 4) The Applicant shall submit an outdoor lighting plan and exterior lighting cuts sheets that demonstrate compliance with the City of Aspen Lighting ordinance at the time of Building Permit Submittal. Section 2 This resolution shall not effect 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 3 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. Section 4 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. 111111111111111I11111111 ~;;::~~;~ ~1:31A SILVIA Di=lV!S PITKIN COUNTY CO R 16.00 D 0.00 APPROVED by the Planning and Zoning Commission at its regular meeting on March 1,2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ~ r)f Ci ttomey' ci~e~ /~ ATTEST: ackie Lothian, Deputy City Clerk 11111111111111I11111111 ~;;::~~;~ ~ 1:31A SILVIA ORVIS PITKIN COUNTY CO R 16.00 0 0.00 ....,.~....,,_.~.,.,:._~".._...;,__...>"_N_"._'_~~~,..~~~," 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. Ann Mass MD. 507 Sneakv Lane. Aspen Colorado 81611. 970.544.1234 Property Owner's Name, Mailing Address and telephone number Lot 1. North Unit. Carolvn Parrv Condominiums. 507 Sneakv Lane. Aspen Colorado 81611 Legal Description and Street Address of Subject Property Approval of Stream Margin Review for an addition of 20 I square feet to duplex residence Written Description ofthe Site Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Resolution No. 10, Series of2005. Approved 3/1/05 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) March 13. 2005 Effective Date of Development Order (Same as date of publication of notice of approval.) March 13. 2008 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 13~ec~~ of March, 2005, Dev mentDi~ Chris Bendon, ommunity Development Director by the City of Aspen Community 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: Lot 1, Carolyn Parry Condominiums, by resolution of the Aspen City Planning and Zoning Commission numbered 10, Series of2005 on March 13, 2005. The Applicant received approval for a Stream Margin Review to permit the addition of a home office and garage to her unit at 507 Sneaky Lane. For further information contact Chris Lee, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2559. sf City of Aspen Published in The Aspen Times on March 13,2005 MEMORANDUM To: Aspen Planning and Zoning Commission -JM- THRU: Joyce Allgaier, Community Development Deputy Director FROM: Chris Lee, Planner lkL RE: 507 Sneaky Lane Stream Margin Review DATE: March 1,2005 Applicant: Ann Mass Area of proposed rear addition (home office) Representative: Jeffery Orsulak (Lipkin Warner Design and Planning, LLC.) Zoninl!: R-30 Lot Size: 51,770 Square Feet Land Use: Duplex Request Summary: The applicant is requesting a Stream Margin Review Approval to make an addition of 20 I square feet to her portion of the existing duplex residence. OVERVIEW: The Applicant is proposing a 171 square foot addition of a home office and a 309 square foot garage addition to her portion of the duplex residence at 507 Sneaky Lane. The total of the proposed increase will only be 20 I square feet because only a portion of the garage (per the Code regulations) is counted toward the total. The existing structure is approximately 6,038 square feet (with the Mass portion composing 2,291 square feet of that total). The subject parcel is situated within 100 feet of the high water line of Castle Creek and, consequently, requires Stream Margin Review approval for building permits to be issued. REVIEW PROCEDURE: Pursuant to Land Use Code Section 26.435, Environmentally Sensitive Areas, the Planning and Zoning Commission may approve, approve with conditions, or deny an application for development within 100 feet of the high water line of Castle Creek. BACKGROUND: The certificate of occupancy for the duplex was issued in 1983 after it was constructed. Since that time, it appears that expansions have been made to both units of the building. The Applicant previously went through the Stream Margin Review process in August of 1996, when approval was given to expand the residence by 513 square feet. STAFF COMMENTS: The proposed addition meets all of the review standards set forth in Section 26.435 of the City Land Use Code. Stream Margin Review Standard 26.435.040(C)(8) requires all new development to be setback fifteen feet from the top of slope of Castle Creek. The closest that the proposed addition is to the top of slope is thirty one (31) feet. The Applicant does not propose the removal of any trees and no grading is to take place as part of the construction of the additions. During a site visit, Staff identified that the area being proposed for the addition is fairly flat and currently contains a landscaped yard area. There is really no natural vegetation existing where the addition is proposed. The applicant is proposing a building envelope be established as is shown on Exhibit "D". Area of proposed rear (office) addilion Staff is in favor of the proposed building envelope and feels that confining construction operations to within the proposed envelope will limit any disturbance to the natural riparian area. Staff is suggesting a condition of approval (Condition No.3) that a plat showing the building envelope be approved by the Community Development Director and City Engineer and then recorded at the Pitkin County Clerk and Recorder's office. 2 The Parks Department has reviewed the proposed application and requests that the applicant place barrier fencing around the proposed building envelope and silt fencing on the river side of the barrier fencing during construction to protect the riparian area from run-off erosion. The Parks Department is also requiring that the applicant place upland fencing around the driplines of existing trees that are near the building envelope. A condition (No.2) is proposed that requires the applicant to provide the City Forester with a construction fencing plan at the time of building permit and that the City Forester do an inspection of the fencing prior to commencing construction activities. This condition also requires the applicant to mitigate in the form of re-vegetation for any disturbance to the riparian zone identified within the proposed building envelope. Staff feels that the proposed addition will have minimal to no impact on the riparian area as long as all recommendations by the Parks Department are followed. The proposed expansion is well above the high water and flood lines and the building envelope does not expand closer to the river than what is already built. Staff believes that the proposed addition meets all of the Stream Margin Review Criteria. STAFF RECOMMENDATION Staff recommends that the Planning and Zoning Commission approve this Stream Margin Review application with the conditions listed in the attached resolution. RECOMMENDED MOTION: "1 move to approve Resolution No. -JQ, Series of2005, approving, with conditions, a Stream Margin Review for additions to the existing residence located at 507 Sneaky Lane of up to 201 square feet." ATTACHMENTS Exhibit A - Review Criteria & Staff Findings Exhibit B - Referral Comments Exhibit C - Application Exhibit D - Site Map 3 RESOLUTION NO. 111 (SERIES OF 2005) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A STREAM MARGIN REVIEW FOR A PROPERTY LOCATED AT 507 SNEAKY LANE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID NUMBER: 273512270004 WHEREAS, the Community Development Department received an application from Dr. Ann Mass, represented by Jeffery Orsulak (Lipkin Warner Design and Planning, LLC.), requesting Stream Margin Review approval for an addition of201 square feet to the Applicant's duplex property located at 507 Sneaky Lane in the City of Aspen; and, WHEREAS, the applicant's property is a 51,770 sq. ft. lot located in the R-30 PUD Zone District and in an Environmentally Sensitive Area as defined by Section 26.435 of the City of Aspen Land Use Code; and, WHEREAS, the Community Development Department Staff reviewed the Application for compliance with the Stream Margin Review Standards; and, WHEREAS, the Community Development Engineer, City Engineer, Parks Department, Water Department, Sanitation District and Building Department reviewed the development proposal for 507 Sneaky Lane and provided written referral comments as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, site visits, and the applicable Land Use Code standards, the Community Development Director recommended approval of the Steam Margin Review with conditions; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; 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 Planning and Zoning Commission approves the Stream Margin Review request, by a vote of _ to _ (_ - _); and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the Stream Margin Review request for an addition totaling 201 square feet at 507 Sneaky Lane with the following conditions: I) The Applicant shall provide upland tree protection fencing in the form of Panel Fencing around the drip line of all vegetation to be saved on site within 10 feet of the building envelope. The Applicant shall call the City Forester for an inspection of this fencing before any construction activities begin. No excavation, storage of materials, or any other use will occur within this zone during construction activities. 2) The Applicant shall place construction and silt protection fencing along the Stream Margin area for protection of the Castle Creek corridor before any construction activities are to begin. The Applicant shall submit a detailed riparian fencing plan detailing the protected area along the riverbank prior to the application of building permits. City Forester must be called for an inspection before any construction activities begin. 3) The Applicant shall submit a plat that meets with the approval of the Community Development Director and City Engineer indicating the proposed building envelope and have such plat recorded at the office of the Pitkin County Clerk and Recorder. 4) The Applicant shall submit an outdoor lighting plan and exterior lighting cuts sheets that demonstrate compliance with the City of Aspen Lighting ordinance at the time of Building Permit Submittal. Section 2 This resolution shall not effect 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 3 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. Section 4 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. APPROVED by the Planning and Zoning Commission at its regular meeting on March 1,2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS A. STREAM MARGIN REVIEW STANDARDS The proposed development is located within an environmentally sensitive area described as a Stream Margin and is subject to Stream Margin Review Standards. No development shall be permitted within the Stream Margin unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below: 1. It can be demonstrated that any proposed development, which is in the Special Flood Hazard Area, will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development. Staff Findinl!: Staff finds that the proposed addition to the single family residence is to be constructed entirely within an established building envelope which is located on a developable portion of the lot that is not located in the Special Flood Hazard Area and in no way will increase the base flood elevation on the parcel proposed for development. Staff finds this standard to be met. 2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement." Staff Findinl!: Staff finds that this proposal is consistent with Goal E "Protect and enhance the natural environment," in the Aspen Area Community Plan (AACP). The proposal does not encroach on any existing native riparian area and does not affect Castle Creek's watercourse. The Pedestrian and Recreation Easement has been located and recorded on the Parry Condominium Plat in Book II, Page 65, Pitkin County. Staff finds this standard to be met. 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Section 26.435.040(F)(1). Staff Findinl!: The Applicant is not proposing to remove any trees outside the building envelope and won't alter the existing grade of the site. The Applicant, the Community Development Engineer, and the Planning Staff have agreed on where the proposed building envelope should be located. It is shown on the site map attached as Exhibit "D". Staff has required, as a condition of approval, that an approved tree permit is required prior to approval of the building permit. Staff has also required that the Applicant place silt fencing around the building envelope for the entirety of construction until a Certificate of Occupancy is issued, as well as provide tree protection fencing in the form of Panel Fencing around the drip line of all vegetation to be saved on site. The Applicant shall call the City Forester for an inspection of this fencing before any construction activities begin. No excavation, storage of materials, or any other use will occur within this zone during construction activities. Staff finds this standard to be met. 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other 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. Staff Findinl! The proposed development itself will not pollute or interfere with the natural changes of the river. The Applicant shall be required, as a condition of approval to place Construction and Silt Protection Fencing along the Stream Margin area, around the established building envelope, for protection of the Castle Creek Corridor before any construction activities are to begin. The Applicant shall submit a detailed riparian fencing plan detailing the protected area along the riverbank prior to the application for building permits to the City Parks Department for review. City Forester must be called for an inspection before any construction activities begin. There are no pools or hot tubs planned for the development. 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and a copy of said notice is submitted to the Federal Emergency Management Agency. Staff Findinl! The Applicant is not proposing to alter the watercourse in any way. Staff finds this standard to be met. 6. A guarantee is provided in the event a watercourse is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. Staff Findinl! The Applicant is not proposing to alter the watercourse in any way. All structural development will be restricted to the proposed building envelope: Staff finds this standard to be met. 7. Copies are provided of all necessary federal and state permits relating to work within the one-hundred-year floodplain. Staff Findinl! There is no proposed development within the one-hundred-year floodplain. Staff finds this standard to be met. 8. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. New plantings (including trees, shrubs flowers and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100-year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department. Staff Findinl!: The Applicant is not proposing any landscaping within fifteen feet of the top of slope or the high water line. Staff finds this standard to be met. 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 as shown in Figure "A". Staff Findinl!: The applicant has proposed a building envelope that is set 31 feet back from the top of slope and has a maximum elevation of nineteen (19) feet above the top of slope. Those measurements place it within the required forty-five (45) degree angle height limit. Staff finds this standard to be met. 10. All exterior lighting is low and downcast. with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications. Staff Findinl!: There will be no additional exterior lighting along the creek side of the development. Staff finds this standard to be met. 11. There has been accurate identification of wetlands and riparian zones. Staff Findinl!: Such identification has been made on the improvement survey. Staff finds this standard to be met. , ExV\,hlt :B 507 Sneaky Lane Stream Margin Review City of Aspen Parks and Natural Resource . Tree Removal: An approved tree permit is required prior to approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means and schedule for mitigation. Please contact the City Forester for more information 920-5126. . Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. A formal plan indicating the location of the tree protection will be required for the bldg permit set. There will be no storage of construction materials, backfill, tools or construction traffic inside of the protective fence. There is no excavation or disturbance of the native area inside of the protective fence. This fence must be inspected bv the citv forester or his/her designee (920-5126) before anv construction activities are to commence. . Protection: No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. . Erosion Control: Silt fencing shall be installed along the Castle Creek side of the project. Installed to City of Aspen standards. Additional erosion control measures may be necessary depending upon the site 1111 e111 - 23400 Two Rivers Rd. # 44 . P.O. Box2239 T 970927-8473 LIPKIN WARNER DESIGN & PLANNING, LLC Basalt, Colorado 81621 F 970 927-8487 r- ""'" Mass Addition 507 Sneaky Lane Carolyn Parry Condominiums North Unit Representative Authorization Pitkin County Planning Office 130 South Galena Aspen, CO 81611 To Whom it may Concern, As the Owner of 507 Sneaky Lane Aspen, Colorado, I hereby authorize Lipkin Warner Design & Planning, LLC, to act as my Representative for the purpose of submitting a 1 step Stream Margin Review Thank you, GwJ H{V(J tAy Ann Mass MD 507 Sneaky Lane Aspen, Colorado 81611 970.544.1234 Jeffrey Orsulak Lipkin Warner Design and Planning LLC Box 2239 Basalt, CO 81621 970.927.84 73x 15 o I.Project Represenlative.COA.lwdp.doc Page I 11/18/2004 ......,,y - ~ ,,....-"', ATTACHMENT 2 -LAND USE APPLICATION API'L1CANT: Namc: Ann Mass MD Location: 507 Sneaky Lane (Indica1e street address. lot & block number. legal description where appropriate) Parcel 10 # (REQUIRED) 273512270004 REPRESENTATIVE: Addrcss: Phone #: Lipkin Warner Design and Planning LLC Attn. Jeffrey Orsulak PO BOX 2239 Basalt, CO 81621 970.927.8473xI5 Name: PRO.lECT: Name: Mass Addition Address: 507 Sneaky Lane Aspen, CO Phone #: 544 1234 TYPE OF ApPLICATION: (please check all1ha1 apply): 0 Conditional Use 0 Conceptual PUO 0 Conceptual Historic Devt. 0 Special Review 0 Final PUD (& pun Amendment) 0 Final Historic Development 0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Dcv!. 0 GMQS Allotmcnt 0 Final SPA (& SPA Amendment) 0 Historic Demolition 0 GMQS Exemption 0 Subdivision 0 Historic Designation l8' ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion/ Margin, Hallam Lake Bluff. condominiumization) Expansion Mountain V iew Plane 0 L01Spli1 0 Temporary Use 0 Other: 0 Lot Line Adjustment n Text/Mao Amendment rovals. etc.) 2,291 sq. ft. Duplex Residence PROPOSAL: descri ion of ro sed buildings. uses, modifications, etc. Addition of 171 sq. ft. Home Office and 309 sw. ft. Carport Have you attached the following? FEES Dl!E: S o Pre-Application Conference Summary o Attachmen1 # I. Signed Fee Agreement o Response to Attachment #3. Dimensional Requirements Form o Response to Attachment #4. Submittal Requirements- Including Written Responses 10 Review Standards All plans that are larger than 8.5" xli" mus1 be folded and a floppy disk with an electronic copy of all written text (Mierosort Word Format) must be submitted as part of the application. /"","" '\0..." /" , - ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Mass Addition Applicant: Ann Mass MD Location: 507 SneakY Lane Zone District: R-10 Lot Size: 51,770 SQ. ft. Lot Area: 45.313 sq. ft. (for the purposes of calculating Floor Area. Lot Area may be reduced for areas within the high water mark. easements. and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: histin!:. n/a Existing' n/a Existing: n/a Proposed: Proposed: Pmposed: Proposed % of demolition (Historic properties only): n/a DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On-Site parking: % Site coverage: % Open Space: Front Setback: Rear Setback: Combined F/R: Side Setback: Existing.6,038sq.ft4l1owable.6,738 sq.ftProposed: 201 sq. ft. histing: 22'-4" Allowable: 25 ft. Proposed: >22'-4 histing: Existing. 2 Allowable: n/a 2 n/a n/a 25 ft. 15 ft. -n/a 10 ft. Required: lc.xisting: Required: Existing: Required: Existing.75 ft. 1 inRequired: Existing: 64 ft. Required: Existing: Required: E~isting: 12 ft. Required: Proposed: Proposed: Proposed: Proposed: Proposed: 50 ft. 7 in. Proposed: 61 ft. 4 in Proposed: Proposed: 10ft. 7 in Side Setback: Existing: Combined Sides: Existing' Distance Between Existing Buildings Required: Proposed: Required: n/a Proposed: Required: n/a Propo.,ed:_ Existing non-conformities or encroachments: n/a Variations requested: n/a "..... ........ ....." ......."'" CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Allreement for Payment of City of Asoen Development Aoolication Fees CITY OF ASPEN (hereinafter CITY) and ---A ftJ V 11 ,4, <; S Hi). (hereinafter APPLICANT) AGREE AS FOLLOWS: (hereinafter, THE PROJECT). nitted to CITY an application for 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 flniher agree that it is in the interest of the pmiies that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater celtainty 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 Commission and/or City Council to enable the Platming Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Conununity Development staff time, and if adual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of$205.00 per planner hour over the initial deposit. Such periodic payments shall be made Witllin 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building pennits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: (M~~ ~~ Julie Ann Woods Community Development Director Date: Mailing Address: 5'0 :J 5'~ d (vef. a{ (hM I G,ki~ g: \su ppo rt\fo r ms\a grpa yas.doc 1/10/01 RETAIN FOR PERMANENT RECORD ,...., ....1 .......... , CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: James Lindt, 920.5102 DATE: 9.3.04 Sneaky Lane Stream Margin Review Jeffrey Orsulak Ann Mass 1 Step. Stream Margin Review Addition to existing duplex within 100 feet of Castle Creek. This possible application requires full stream margin review by the Planning and Zoning Commission because the duplex was previously added onto and the cumulative floor area added between the previous addition and the proposed addition is greater than 10% of the total floor area of the original structure and thereby is not eligible for an exemption from stream margin review. Land Use Code Section(s) 26.435.040 Stream Margin Review. Review by: Stafffor complete application, referral agencies for technical considerations, Planning and Zoning Commission for Approval determination. Yes, requires mailing, posting, and publishing of public notice. Engineering Planning Deposit $1,310 Engineering Referral $185 $1,495 Public Hearing: Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Completed Land Use Application Form. 4. Completed Dimensional Requirements Form. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. A site improvement survey with topography that includes the surveyor's determination of the river's top of slope and indicates the location of the 100 year floodplain and all trees located on the property. 8. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 9. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. I O. Existing and Proposed elevation drawings. 11. Existing and proposed site plan. 12. Existing and proposed floor plans. 13. A copy of the recorded documents which affects the proposed development. 14. Proof of ownership. 15. Applications shall be provided in paper format (number of copies noted above) as well as the lext only on either of the following digital formats. Compacl Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible 10 Word is acceptable. 16, ---1LCopies of the complete application packet (items 1-14) Process: Apply. Planner reviews case for completeness and sends to Engineering Department for referral comments and stream margin reviews are often taken to Design Review Committee. Case Planner takes to staff meeting for recommendation. Case planner writes memo of recommendation to the Planning and Zoning Commission. Planning and Zoning Commission makes final determination on application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on lhe 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. ""'" '-" 507 Sneak 1;'(1 III [i'li ~ 'XI ':'......-.-.'. , \ ,.... \.~:t~' ?--. ,..... / / , <;: i """" ',_,J \ :r"\ ""h T~Of 8aSall"-~~ )Jf /til~ 't~o 7)~ ../ Legend r Major Roads /"" Roads 1- I Subd'" _ MSIOns /"" Rivers and Stmams . lakes and Ponds o Lots and Blocks o PalCe16 StnJcwms .-_1 Usban GrowUl Boundary DCilies Federal lands ...... us<s c al LIPKIN WARNER DESIGN & PLANNING. LLC 23400 Two Rivers Rd. I'r' Basalt, Colorado 81621 . P.O. Box2239 T 970 927-8413 F 970 927-8487 Mass Addition 507 Sneaky Lane Carolyn Parry Condominiums North Unit Project Proposal Dr. Mass, a long time physician for the Aspen community is proposing a small addition to provide for a home office and a carport. The addition will add 171 sq. ft. of interior space along the North side of the House and 309 sq. ft. of garage adjacent to the South fayade. Though this is a modest addition the duplex property has had previous additions which cumulatively add up to more than 10% of the original structure and thus require a Stream Margin Review. Upon reviewing the Stream Margin Review Standards we believe the additions meet all the requirements set forth in section 26.435.040 as follows: I. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including but not limited to proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development. Response: No development or disturbance is planned in a Special Flood Hazard Area. 2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement." Response: The Pedestrian and River Recreation Easement has been located and recorded on the Parry Condominium Plat in Book 11 Page 65 County of Pitkin. 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Section 26.435.040(F)(1). Response: No vegetation will be disturbed outside the designated building envelope 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside ofthe designated building envelope. Response: The development is sited 29 feet outside the 100 year flood plain allowing for ample space to accommodate drainage on site. There are no pools or hot tubs planned for this development 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of water course, and a copy of said notice is submitted to the Federal Emergency Management Agency. Response: There will be no alteration or relocation of the water course. o I.Project Description-garage. COA.lwdp.doc Page I 2/7/2005 , 11m DIiJ - ....., '-' 23400 Two Rivers Rd. t",.,4!. P.O. Box2239 T 970 927-8473 LIPKIN WARNER DESIGN & PLANNING, LLC Basalt, Colorado 81621 F 970927-8487 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the floor carrying capacity on the parcel is not diminished. Response: There will be no alteration or relocation of the water course. 7. Copies are provided of all necessary federal and state permits relating to work within the 100-year flood plain. Response: There will be no work within the 100 year flood plain. 8. There is not development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100-year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department. Response: No development is occurring within fifteen feet of the top of slope. 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 as shown in Figure "A." Response: The one story development is located 31 feet from the rivers top of slope and tops out at an elevation of 19 feet above the top of slope placing it well within the 45 degree angle height limit. 10. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with section 26.575.150. A lighting plan will be submitted with all development applications. Response: There will be no additional exterior lighting along the creek side of this development 11. There has been accurate identification of wetlands and riparian zones, Response: The wetlands and riparian zones have been located on the improvement survey. Thank You, Jeffrey Orsulak OI.Projecl Description-garage.COA.lwdp.doc Page 2 2/7/2005 w U I- a z ~~ I-s m >--6 I-~ z~ :J~ a~ u z ~ I- 0.. C") C") C") .... .... co 0 c-.JC"')\.{) C,OC"')CJ)CO C:;-..-M t-t-U")C"')LO ( ?CJ)O~COC"')~CJ) Kt-~~:'c-.J(Om~ ~~ ilI9- -EA-~ ~ <;;; c;;~~~ VCO/NO) LOOOCO t5 - = z.......... o en U --- .....c= U ..... UJ z en .....0_ O_c g:<-, .....0 UJ_O u.:Z~~ o zzz UJ UJ UJ 0... 0... 0... ~~~ z UJ 0... ~ 1= - U = ..... = o :z: ..... - z ::> ~ if z :::; o = ~ o c :z: o U <00<0 o.n I"- .... 0"" 00 000 ~::g8J,:::C5CX) C>>C"\JLOC"J"O:t'O C"') 0 0 "l:t' en :z: o U UJ = '" UJ ~!;;c -' ;0: 8= UJ :z:> !:E::C 00 ~~ 00 -' -' 00 uu ..... u - -' = ;5tn -- 0... 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I, " .' o II , .0 ..../ E o I~ ~. -) MASS ADDITION ] L W D P :r10.!127.847J : 97MZ7,84S7 ,1ipIDI.-- UPKIN WAllNltR DESIGN & PLANNING 507 SNEAKY LANE ASPEN, CO. 23400 '!Wo RIVERS IW.1I44 p.O.BOxm~ IlASALTCO U621 t-- ~7.;~'" :f "'.M\" '~'--' ~ ~ Z Ci\ c Ii -" -" ~ ~ m " 0 -" 8 " r I I I D ~ , pq 00 ~ 1 i I ~ i i C? I I ", 8. <0 <& ---1- ---> -~._-----_.-- ! I ! , - I I 1 I 1 ~' 11 7<~ 0 I z I m " :> I- I " @--. I " . ~- ---.. '" " '! z c I " -" -" m " -" r 1 0 0 '" I 1 D ~ , pq 00 , ~ 0}- .. I , 1 Ii o. 'ij ! , @J-~. . I .t.-o~c~c.o11- - II I '! " , _Il" . " " 00 mBDI MASS ADDITION L W D P 507 SNEAKY LANE ASPEN. CO. U,KlNWAIlNEll DWGN..rLANNlNG 23400'lWORIVBRSRD.#44 : 970.927,j.<I7l P_O.BOX2119 ' 970.927.S4ll7 BASALT CO Bl621 : --- t f.- ~ , ~ 11l'_151t1" 1r.7~1"" ~- m > '" -< ~ m ~ , , ! II I 1 1 I I , I '1 N f --f I I I I i m I I I I I 1 I I I I 1 I I I I I I 1 lr.7"'~" ~ =' z '" iiI -< ~ IITDI EB , f IO'_'MI" ~ 11"_7""" ~ t- 1D'_251t1" f If_7'''tI" ~ "- ~- ~ z i I , 1 III! '" -< I , , , ~ ~ , .1-<, , ill I BDI MASS ADDITION 507 SNEAKY LANE ASPEN. CO. ~ m r > I I 1 I I ilITJ lorn / D ~~~ -........ , I LW D P ? ., ~ ! l ...j -l 2J.400 TWO RIVERS RD_#44 P.O_BOXl219 BASALT CO 81621 L1PklNWARNER DESIGN & PLANNING , . 8 q z , ~\ I ! ' , ~ , , . I , " Ii 11--- Ilill.11 11'1'1 I 'I Ii 11- Ii II Ii I III III i 1'1' I I II I' '1-- illll'l 'Iii 1111, I 1'111 II!II,III II.I!! I'll: 1II11I11111I11 ill Iii Ii I!II'II 111'1 ,1111111 III II \1 I~II ~I'I , I II , , , ~ 1__ .m@ . --. ---0 00 II BD ! q l-"'~ , , .--0 z m r ~ Z -- -B I , , , , i[il] i[il] ~ , , i-a , , MASS ADDITION 507 SNEAKY LANE ASPEN, CO. r. II ill II :) , ~ , "",.~ ,: I III' 111'1' :11: I., " I Ii' I'II II: ! lill!11 1'11,,1 I III Iii illl,l 11"11 'li!I'I! I i IIIIII!I ...I e ----€I , " I JJ~~_~i . ----0 L1PKINWARNEk DESIGN &PLANNING 23400TWORIVERSRD_#44 ,910.927.3473 I'.O.BOX22l9 : 970.927.8487 BASALT co ~1621 ' --- . ;"" " " ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDR"" O"RO",RTY, :5 0 1- &t VI u.Kv SCHEDULED PUBLIC HEARING DATE: ~ )05 I L.o \A ~ Aspen, CO ,200_ STATE OF COLORADO ) ) ss. County of Pitldn ) 1, \~~ (,..{-IA.AS' cc., / -i 'l-:1.d f-- (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: ~ublication 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 wid,.e ;and twenty-six (26) inches high, and which was composed of letters not \. '~ss than one inch in height. Said notice was posted at least fifteen (15) days p~ to the public hearing and was continuously visible from the _ day of '<' , 200_, 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 Commhnity Development Department, which contains the information described iIi.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) 1""\ -.. ,I - . 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, whetller 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 ~~g "Affidavit ofNotice'\ was acknowledged bte ~ '1 day of r, ,200'S, by 3,. -,6 ,- WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Y :=; 7b - PUBLIC NOTICE RE' 507 SNE.AKY~E STREAM MARGIN REVIEW . NOTICE [S EREBY GIVEN that a publil hearing will bell d 'ln Tuesday, March l. 2005 a a meeting to be a. 4:30p,m. belore the ASP.€I Planning and Zing Commission, Sister Cltle~ Room, City Hall. 130 S. Galena St., Aspen, to con sider an application submitted by Ann Mass re questing stream margin review approval to adtl , garage and small addilion to her home located a 507 Sneaky Lane. This lot IS legally described a~ North Unit, Carolyn Parry Condommiums. For further information, contact Chris Lee at tll, City or Aspen Community Development Depart ment'IJOS_Galena~'Aspen,co. 970.429.2759 chrisl@cLaspen.co. . slJasmineTygre,Chail AspenPla ing and Zoning Commissior Published in The en Times on February 13 2005.(2380) Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF TIlE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL Jam Free Printing Use AvelY@ TEMPlATE 5160@ 949 WEST SMUGGLER STREn !J.C 7/12. 1755 MONACO PKWY DENVER, CO 80220 CAMP ROBERT C PO BOX 692 ASPEN. CO 81612 CURLEE CVNTHIA A PO BOX 692. ASPEN. CO 81611 KElLIN KIM MILLER PO BOX 10064 ASPEN. CO 81012 MARKS MARIL YN R 930 W FRANCIS ST ASPEN. CO 81611 PATTERSON FAMIL Y mUST 580 CEMETERY LN #1 ASPEN. CO 81611 SHARP DESIGNS INC 9:m W FRANCIS ASPEN. CO 81611 WANGER LEAH JOY ZELL & RALPH 1540 LAKESHORE DR #14N CHICAGO, IL 60010 ",09~S @MA~V ~ ,- ''"'" - www.avery.com 1-800-Go-AVERV - ASPEN VISTAS VENTURE CIO RALPH & LEAH WANGER '1540 N LAKE SHORE DR CHICAGO. IL 00010 CITY OF ASPEN 130 S GALENA ST ASPEN. CO 81611 HIRSCH TOM & MAUREEN PO BOX 8110 ASPEN. CO 81012. LOWENSTEIN ROBERTA 7126 MELROSE CASTLE LN BOCA RATON, FL 33498 NEWMAN JOEL :\55 OCEAN Bl.VD COl.DEN BEACH. FI 33160 RATNER DENNIS F TRUST 916 W SMUGGLER ASPEN. CO 81611 STARODOJ BETSY HARNETT & THOMAS S II PO BOX 2298 ASPEN, CO 816'12 WERNER MICHAEL B 1111 UNCON RD 11400 MIAMI BEACH, Fl. 33139 AIl3^,l"09-00g. ~ wO')'AiaAe'MMM - - '" ~ AVERV@ 51JiOf' BEN,HAMOO PATRICE CONYERS PO BOX 2902 ASPEN, CO 81012 COSNIAC JOSEPH LIFE ESTATE 221 LOYOSA SAN ANTONIO. TX 78205 IElH PROPERTY TRUST HARRIS IRVING B TRUSTEE 19'1 NWACKER DR #1500 CHICAGO,IL GOG06-laSS MADSEN GEORGE W JR & CORNELIA G 931 W FRANCIS 5T ASPEN. CO 81611 PATTERSON DANIEl. EDWARD & SUSAN I, 580 CEMETERY i,N UNIT 2 ASPEN. CO 61611 ROSE ALLAN V ONE EXECUTIVE BLVD YONKERS, NY 10701 VANDEMOER H H 6112 1755 MONACO PKWY DENVER. CO 80220 WERNER SARAH R RES TRUST POBOX 503 BELLEVUE. WA 98009-38S4 IilG9LS 31V1dW31 ~V aso 6U!~U!-ld a...~ we! . "","u_" / ~r1) ~,~ 0- '" ~ 3- <;' VI V":1 .........."> a- S--' \)\ I - ~ //////// / / / / " / / /" / ~ / / ~[D~ / - ----------- ,.,,- - - - - -..... "- ~ - '. - \I\"'/-lo~=-- ------ ------ - , , ~ ""'''~ c 'q" -iSl;" ,~<': I I"C~ ~ ' " ~~{ ". , , .............." " ..' ........ I .... ...... ' " . I ..........I.~...'..j-!!"'~~ ""'... , " "" " .... .......... \ ''\ /"', \ / (............... \ """ "" "- "\ \ \ ..... \ ' , "- .......--:~-~--------~\ \ ........ ~ " /- '" ---~ .... \ /' ,-- ~ " \ ""'. -==- -- -====s: ---.:::::-..... ~ --......... - ~ .......... ".............. :><--- -'''.: ~---......... '" "............... -............ - -::::::,' .... ....... " ............ ............. ___ ~"'..........:<~o,. " ............. ___ If............. ,~-;"'~ ............... __ --""""'1' >1(>.,_"0 -- .............& -- ----~~ '- ! ~ .:::' :.::::-::....... I i ------- --.............~- ..~. : ------- , ...... !. ! '" 1<; ~ (' ;-'''+- . I i " I i ,,' :; t / ..... II; ti I ,,'; Ii ........ I I li!i ...I ':!i I / r~' ji - - - - - -.- - - , , , , , , , \ \ \ , , " " , , , '. I I I I ] : Ii g , ~ i I ~: I 'I ~" I I ................ '" f! ~ -... I~: . ") ,7\_\;,;;~~;:;:,;; ~ . ___---;.7:;;::";"d>""..r"~~ L ------ >" T' \ "-... -- ;: / I ---51 - ---- ~>J.i!70~" -- ~; ~ MASS ADDITION L W D P III II ! LIPKIN WARNEll !lV-SIGN'" 1'l.ANNING 507 SNEAKY LANE ASPEN. CO. 2>400TWORlVER.'jKD.1i'41 T: 9JO_g~;_I!.n) P_O_llOXl2)~ F: 970.927.8487 llASALTCO 1!1621 ".,.." .."" > > m x ~ ~ z (;> (;> ~ o c z " ~ r o o ~ z m ~ > " , " , ~ <5 , z , , (;> , ~ , 0 c " z " ~ r ., 0 I, 0 0 ~ .~ ~f(; ul tj; . mCl,... ~ ~ QPO~ q I I ---------------------- , ~ j' 10'.,,",," 4110!"t.f I,ml I ~ ~ , - '0 i~ o 8' .' , o ~ g~ 8' ." i;1 L W D P iil II i MASS ADDITION 507 SNEAKY LANE ASPEN. CO. LIPKIN WARNlR D[S[GN &: rLANNING 2l400TWORIVERSRD,#44 T: ~7Q-'l27.1l47J r.O_BOX;~139 F, g70.927,iI487 HASALT CO ~1~2[ : ,............- I 0--- z m ~ )- G G =< " z c ~ ~ m ~ ~ r o o ~ @---- - @---- - @--- ~ n~ fl ~ O~~ D I i I -- - -.---- - ------r- I I I I I , , I I , I L----L-- II II II II II 0' II 'I II II II , II ____1-~- 1'-97'''' " N if I iil II i m X ~ ~ Z Q c ~ ~ m ~ ~ 5 o ~ 00 o D! , d 0 - - COI[~] I ~ D 11g " 0 =,,- ~ - ~ rG,(j ! ()! :>< II II II 8~ II " II - II II II II ~~ -, :) :) ~! o , 1 ,'; () i' " Ii -I L W o p MASS ADDITION LIPKIN WARNER DESIGN'" PLANNING 507 SNEAKY LANE ASPEN. CO. 2:l400TWORlVEIlSJl.D.N44 T' 970.927.84H r,Q.BOX21J9 F: 970.927.8"87 BASALT CO 816Z1 :1.""_"""" ~ilB f ~ f ~ " .g 'Il".?~'''' "'.-".w '.1 gq f ~ ,. ., la.,.",,- 1r-7'?1~. ~- I mm I I I - I \ I \ I \ I \ I \ I \ I \ I \ I \ I L-- I I \ I lEE I I \ I I \ I \ I I I I \ I \ I \ I \ - I \ - I I I I I I I I I I I I I I m x ffi ~ Z " ~ o ~ ~ I ~ m i; ~ "I Ii ! MASS ADDlrlON 507 5NEAKY LANE ASPEN, CO. ~ z ,.'. ,,9 "' ~ ~'i z :) 'rY_?",,,. ,,,_-,'\J~. ~ ~ ~ ~ m < ,. m EE f f ~ :;;'1 ''''.''''", 11'-7';J~" x ffi ~ Z " z o ~ I m ....;'" < I I I I I '~ ~ ~ D , ~ ." .) L W D P UI'KlNWARNER DESIGN & rLANNING 2l400TWORlVERSRD.1I44 T: 97U.927.1147) P.O.BOX22J9 F:970.921.8487 BASALT,rOHl62J v"_.....,,,"" ~- f z m " m > '" ~ :" m >' ~ i5 z I tt IrrDl f I I X m m < > ~ i5 .,.-~"'~. \ \ ""11 , , ~~ II ~ 11'.""'''' ,,'-'I~I,," ~ ",.-?"'~" I I \ _---'---1_ \ I oollB I I I I \ \ -----0 ii ~ "I II I r ~ , ~ , ~ :;:~ 'a_~~I,," 11'_7"'''' z m " z D ~ X :" m < -----0 ~ D Z /' Hj EE8 MASS ADDlrlON 507 SNEAKY LANE ASPEN. co. ~ ~ r , ~ ~c 'a_?~'''' ll'_-'~I". " " ~ ~ 0/ :) L W D P LIPKIN WARNER DE:SIGN&rLANNlNC 2J400TWORlVUGRD.#44 T: 9Jo.~21.lW73 P_O.BQX22J9 1': 910.927.8481 BASALT, CO 81~~1 IV: ,,~.~,..,.""" KuC ~~ T\~ -"- Plans were routed to those departments checked-off below: lJ -------: " t~>r' ..-. ....,.... MEMORANDUM TO: x............ City Engineer X ........... Community Development Engineer 0............ Housing Director X ........... Parks Department 0........... Aspen Fire Marshal X ........... City Water X ........... Aspen Consolidated Sanitation District X ........... Building Department o ........... Environmental Health o ........... Electric Department o ........... Holy Cross Electric o ........... City Attorney o ........... Streets Department o ........... Historic Preservation Officer o ........... Pitkin County Planning o ........... County & City Disaster Coordinator 0......... Parking Department FROM: Chris Lee, Planner Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-429.2759 Fax-920.5439 ~'^' RE: 507 Sneaky Lane Stream Margin Review for additi to existing residential duplex 1/05/05 Ct l !~ s - () () lIlVOS ,yA W ~ r;~ . IAJ~~ ~-cJi1 ~-Z 0~ ~~ DATE: 12120/04 D Commen s Due: Thanks. Chris L. ASPEN/PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT . LAND USE CODE INTERPRETATION JURISDICTION: City of Aspen APPLICABLE CODE SECTION: Section 26.575.020 (C) Lot Area EFFECTIVE DATE: May 1, 2002 WRITTEN BY: APPROVEDBY~L~ A,PPA O~~D MJ;r 0 . COi,f4IJ.1;'! 1 ?OB! ' Y Di:V,. CI".I::(Vi-'<"" SUMMARY 'r OFAS"e:^iTVIRB __ . . Tills code interpretation dete~es w~ii!n figuring lot area for the purposes of calculating floor area and density, private easements entered into by adjacent properties that do not have a public purpose are not deducted from the total lot area. Fred Jarman, Plann~y - Julie Arm Woods, Community Development Director COPIES TO: John Worcester, Sarah Oates F , PURPOSE The purpose of this code interpretation is to further clarify an earlier interpretation made by Staff on September 7, 1999 that determined "a driveway which is shared by two adjacent property owners will not be deducted from the lot area for the purpose of calculating allowable floor area when the use of the driveway is addressed through an . access easement or license agreement. These mechanisms are an agreement between private parties, not involving land that is in any way dedicated to the public." While this earlier code interpretation specifically focused on floor area, this code interpretation further determines that tile same logic also holds true when figuring lot area for the purposes of calculating density. BACKGROUND Section 26.575.020(C) of the Land Use Code specifies certain inclusions and exclusions to be made when determining the total lot area of a property for the purpose of calculating floor area and density. The specific language, which is the subject of this code interpretation, is as follows: ~ ! \ Also. excluded fro.m to.tallat area fo.r the purpase af flaor area calculatians in all zo.ne districts is that area ... within a vacated right-o.l-way, ar within an existing o.r prapased dedicated right-o.l-way o.r surface easement. Lat area shall include any lands dedicated to. the City af Aspen o.r Pitkin Co.unty fo.r the public trail system, any o.pen irrigatian - -- ., ... area within the easement would be deducted from the total lot area of Lots 1 and 2 for the purposes of calculating floor area and density. APPEAL OF DECISION As with any interpretation of the land use code by the Co=unity Development Director, an applicant has the ability to appeal this decision to the Aspen City Council. This can be done in conjunction with a land use request before City Councilor as a separate agenda item. In this case, there is no land use case proposed by the applicant, therefore an appeal would require separate action by City Council. 26.316.030(A) APPEAL PROCEDURES Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Co=unity Development Director and with the City office or department rendering the decision or determination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. r I.....- e &;y Guthrie, 04:45 PM"-f/4/99 easements (ilt': /,.,fc.,r,,-<-h--6~_~-;E:~/ ~ 4.... (. X-Sender: amyg@comdev Date: Mon, 04 Jan 1999 16:45:58 -0700 ~o: sarat@ci.aspen.co.us, mitchh@ci.aspen.co.us, chrisb@ci.aspen.co.us, saraho@ci.aspen.co.us, juliew@ci.aspen.co.us From: Amy Guthrie <amyg@ci.aspen.co.us> Subject: easements Everyone...I just spoke with John Worcester about whether or not a shared driveway at No Problem Joe would affect their lot area/FAR because it involves an access easement or license agreement. He said it does not. Thi~ is because this particular easement is an agreement between the two property owners, not involving land that is in any way dedicated to the public. It's the same as any other driveway. Thought you might want to know this. \;(~ - i 1 ,~ Printed for Julie Ann Woods <juliew@ci.aspen.co.us> 1 '~ ""r:.A, '" . / ./' I ;r......... ,,~' .... ....."... ; Ele ~t &ecord r,Ja_ Fllffll R~ Formot lob tJoI:> : I J @: f.21 1!.l 1!l t11 .. d': (t d Iii .:9 [1 J. H ~ . ..." ' I~ a'''' ~-, #O"'!l-~ R<<2!o. Rolh>JJjiotory I ~liom I S<bfonril. I !lekJali", ],join I Royti-lg Stalin I AlchlEl>;I I POlee]. I Cu.tom Fjeld. Pemit T l'PO ..Iu . Aspen Lend U.. 2004 Addre.. 1507 SNEAKY LN City IASPEN Pemit Informoliorr MosIeI p....1 ~ ROl.lir9 Queue ledu Project 1 ~ Slolu. Ipending oe$C/~ ESA.8040 . ADDITION OF 133 SQ FT HOME OFFICE AND 221 SQ FT CARPORT -' ,rJ ~ . Ll ~ ~ pnp 1 .11. ~ Pemit # AptISui;.1 SIal.rco-::J Zip 181611 ~ ~ie Comment I AttacllmenI. Fee.! I FeeSl.I1I1lOlJ! I Submi;led IJEFFREY ORSUlAK 927.8743 X15 r VisiJle '" tile w.b? Dock IRunning Days ro Ponrillo: I 32278 Appied 112107nOO4 .Sll Approved I .Sll 1$$UOd I ,g] Fi'laIl .Sll Expi..11210212005 .Sll OlM"ler-- .. Lest N....IMASS. Mo Phone I ~ F..t N....IANN 507 SNEAKL Y LN ASPEN CO 81611 . .... - .!._"'i~:~:: "'!.i':~,;;~-;.--.,;"Z~-c~-.:,; ,..,-..,...,..,...., !ill .-' !:,,~ ,:~.~.~~.~,!".,..".._.- "'1 ~,....:.,;._,._.~Y:im,':~Ji,:,..Wi'. ;,..-jl "'1 _II R_d:2012 I