HomeMy WebLinkAboutLand Use Case.17 Shady Lane.0104.2005.ASLU
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City of Aspen Community Development Dept.
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CASE NUMBER
0104.2005.ASLU
PARCEL ID NUMBER 2737-07-3-00-010
PROJECT ADDRESS 17 SHADY LN
PLANNER JAMES LINDT
CASE DESCRIPTION STREAM MARGlN- FENCE HEIGHT VARIANCE AND SHADY LA!
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REPRESENTATIVE GLENN HORN 925-6587
DATE OF FINAL ACTION 7/19/2006 12:(
CLOSED BY Denise Driscoll
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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 26.308.0 I O. 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.
Callwinnie LLC and Michael Stolper. 600 W. Broadwav. Ste 1225. San Diego. CA 92101
Property Owner's Name, Mailing Address and telephone number
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17 Shadv Lane. Metes and Bounds Parcel. Parcel In # 2737 -073-00-010
Legal Description and Street Address of Subject Property
Residential Design Standard Variance from Fence Height. Approval to Relocate Shady Lane
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Planning and Zoning Commission Resolution No. 17. Series of 2006. Approved 4/19/06
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
April 30. 2006
Effective Date of Development Order (Same as date of publication of notice of approval.)
April 31. 2009
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 30th day of April, 2006, by the City of Aspen Community
Development Deputy Director.
-JD
'ty 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: 17 Shady Lane, by resolution of the Aspen Planning and
Zoning Commission numbered 17, Series of 2006 on April 19, 2006. The Applicant
received approval of a residential design standards variance for a masonry wall along Red
Mountain Road at 17 Shady Lane and approval to relocate Shady Lane. For further
information contact Joyce Allgaier, 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 April 30, 2006
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Resolution No. 17 A
(SERIES OF 2006)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A VARIANCE FROM THE FENCE HEIGHT RESIDENTIAL
DESIGN STANDARD TO ALLOW FOR THE CONSTRUCTION OF A WALL
OF UP TO SIX (6) FEET TALL ALONG THE PROPERTY LINE ADJACENT TO
RED MOUNTAIN ROAD AT 17 SHADY LANE AND ALLOWING FOR THE
RELOCATION OF A PORTION OF SHADY LANE, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel No. 2737-073-00-010
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WHEREAS, the Community Development Department received an application
from Callwinnie LLC, requesting a variance from the fence height residential design
standard to construct a masonry wall of up to six (6) feet tall along the property line
adjacent to Red Mountain Road at 17 Shady Lane and the ability to relocate Shady Lane
to the north in conjunction with a stream margin review to construct a new single-fanlily
residence; and,
WHEREAS, the Planning and Zonin~ Commission approved the associated
stream margin review application on March 7' , 2006, pursuant to Resolution No. 12,
Series of 2006, but did not grant the fence height variance or the relocation of Shady
Lane and continued the public hearing to April 18th, 2006; and,
WHEREAS, the Applicant submitted a revised fence height variance on April 7'\
2006, asked the Commission to reconsideration the relocation of Shady Lane at the April
18'h meeting; and,
WHEREAS, the Community Development Department Staff reviewed the
application for compliance with the residential design standard variance review
standards; and,
WHEREAS, upon review of the application, site visits, and the applicable Land
Use Code standards, the Community Development Director recommended that the
Planning and Zoning Commission deny the fence height residential design standard
variance finding that the review standards are not met; 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, and has taken and considered public comment at a duly noticed
public hearing; and,
WHEREAS, the City of 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 is consistent with the goals and objectives of the
Aspen Area Community Plan; and,
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WHEREAS, during a continued public hearing on April 18, 2006, the Planning
and Zoning Commission approved Resolution No. 17, Series of2006, by a four to one (4-
I) vote, approving with conditions, a variance from the fence height residential design
standard to construct a masonry wall of up to six (6) feet tall along the property line
adjacent to Red Mountain Road at 17 Shady Lane and granting the ability to relocate
Shady Lane to the north by approximately one foot in conjunction with a stream margin
review to construct a new single-family residence that was approved pursuant to
Resolution No. 12, Series of2006; 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:
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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 a variance from the fence
height residential design standard to construct a masonry wall of up to six (6) feet tall (as
shown on the wall plan presented to the Planning and Zoning Commission on April 18,
2006) along the property line adjacent to Red Mountain Road at 17 Shady Lane and
grants the ability to relocate Shady Lane to the north by approximately one foot (as
shown on the relocation plan presented to the Planning and Zoning Commission on April
18,2006) in conjunction with a stream margin review to construct a new single-family
residence that was approved pursuant to Resolution No. 12, Series of 2006, subject to the
conditions contained herein.
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Section 2: Fence Permit
The Applicant shall submit a fence permit application for review and approval by the
Community Development Engineer and the City Zoning Officer prior to commencing
construction on the fence. The fence permit application shall include a site improvement
survey, a site plan indicting the location of the wall, and an elevation drawing of the wall.
Section 3: Shady Lane Relocation
The Applicant shall make arrangements to preserve vehicular access to the other houses
served by Shady Lane during the relocation of the street. Prior to commencing the
relocation of Shady Lane, the Applicant shall consult with the Fire Marshall to ensure
that the new turning radii are appropriate for emergency access. Additionally, prior to
building permit submittal and prior to the relocation of Shady Lane, the Applicant shall
consult with the Aspen Consolidated Sanitation District as to whether the existing main
sanitary sewer line below Shady Lane will need to be relocated at the Applicant's
expense. If it is determined by the Aspen Consolidated Sanitation District that the main
sewer line needs to be relocated along with the relocation of Shady Lane, the Applicant
shall comply with the following requirements:
1. The Applicant shall apply for a line extension request and a collections system
agreement from the Aspen Consolidated Sanitation District's Board of
Directors.
Page: 2 of 4
05/19/2006 01 :571
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2. The Applicant shall deposit funds with the Aspen Consolidated Sanitation
District for engineering fees, construction fees, observation fees, and fees to
clean and televise the new main sewer line extension into the project.
3. The Applicant shall dedicate new sewer easements to for maintenance and
access to the new main sewer line.
4. The Applicant shall obtain a letter of consent to move the road from all of the
property owners that are served with vehicular access from the Shady Lane
prior to applying for an access/infrastructure permit to relocate the road. The
letters of consent shall be submitted to the City along with the
access/infrastructure permit application.
Section 4:
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.
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Section 5:
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 6:
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 Commission at its regular meeting on April 18, 2006.
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City Attomey
PLANNING AND ZONING
COMMISSION:
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Jasmine Tygre, Chair
APPROVED AS TO FORM:
ATTEST:
J ckie Lothian, Deputy City Clerk
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Resolution No. 17
(SERIES OF 2006)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A VARIANCE FROM THE FENCE HEIGHT RESIDENTIAL
DESIGN STANDARD TO ALLOW FOR THE CONSTRUCTION OF A WALL
OF UP TO SIX (6) FEET TALL ALONG THE PROPERTY LINE ADJACENT TO
RED MOUNTAIN ROAD AT 17 SHADY LANE AND ALLOWING FOR THE
RELOCATION OF A PORTION OF SHADY LANE, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel No. 2737-073-00-010
/
WHEREAS, the Community Development Department received an application
from Call winnie LLC, requesting a variance from the fence height residential design
standard to construct a masonry wall of up to six (6) feet tall along the property line
adjacent to Red Mountain Road at 17 Shady Lane and the ability to relocate Shady Lane
to the north in conjunction with a stream margin review to construct a new single-family
residence; and,
WHEREAS, the Planning and Zonin~ Commission approved the associated
stream margin review application on March 7' , 2006, pursuant to Resolution No. 12,
Series of 2006, but did not grant the fence height variance or the relocation of Shady
Lane and continued the public hearing to April 18th, 2006; and,
WHEREAS, the Applicant submitted a revised fence height variance on April 7'\
2006, asked the Commission to reconsideration the relocation of Shady Lane at the April
18'h meeting; and,
WHEREAS, the Community Development Department Staff reviewed the
application for compliance with the residential design standard variance review
standards; and,
WHEREAS, upon reyiew of the application, site visits, and the applicable Land
Use Code standards, the Community Development Director recommended that the
Planning and Zoning Commission deny the fence height residential design standard
variance finding that the review standards are not met; 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, and has taken and considered public comment at a duly noticed
public hearing; and,
WHEREAS, the City of 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 is consistent with the goals and objectives of the
Aspen Area Community Plan; and,
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WHEREAS, during a continued public hearing on April 18, 2006, the Planning
and Zoning Commission approved Resolution No. 17, Series of2006, by a four to one (4-
1) vote, approving with conditions, a variance from the fence height residential design
standard to construct a masonry wall of up to six (6) feet taU along the property line
adjacent to Red Mountain Road at 17 Shady Lane and granting the ability to relocate
Shady Lane to the north by approximately one foot in conjunction with a stream margin
review to construct a new single-family residence that was approved pursuant to
Resolution No. 12, Series of 2006; 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:
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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 a variance from the fence
height residential design standard to construct a masonry wall of up to six (6) feet tall (as
shown on the wall plan presented to the Planning and Zoning Commission on April 18,
2006) along the property line adjacent to Red Mountain Road at 17 Shady Lane and
grants the ability to relocate Shady Lane to the north by approximately one foot (as
shown on the relocation plan presented to the Planning and Zoning Commission on April
18,2006) in conjunction with a stream margin review to construct a new single-family
residence that was approved pursuant to Resolution No. 12, Series of 2006, subject to the
conditions contained herein.
Section 2: Fence Permit
The Applicant shall submit a fence permit application for review and approval by the
Community Development Engineer and the City Zoning Officer prior to commencing
construction on the fence. The fence permit application shall include a site improvement
survey, a site plan indicting the location of the wall, and an elevation drawing of the wall.
Section 3: Shady Lane Relocation
The Applicant shall make arrangements to preserve vehicular access to the other houses
served by Shady Lane during the relocation of the street. Prior to commencing the
relocation of Shady Lane, the Applicant shall consult with the Fire Marshall to ensure
that the new tuming radii are appropriate for emergency access. Additionally, prior to
building permIt submittal and prior to the relocation of Shady Lane, the Applicant shall
consult with the Aspen Consolidated Sanitation District as to whether the existing main
sanitary sewer line below Shady Lane will need to be relocated at the Applicant's
expense. If it is determined by the Aspen Consolidated Sanitation District that the main
scwer line needs to be relocated along with the relocation of Shady Lane, the Applicant
shall comply with the following requirements:
I. The Applicant shall apply for a line extension request and a collections system
agreement from the Aspen Consolidated Sanitation District's Board of
Directors.
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JANICE K vos CAUDILL PITKIN COUNTY CO
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2. The Applicant shall deposit funds with the Aspen Consolidated Sanitation
District for engineering fees, construction fees, observation fees, and fees to
clean and televise the new main sewer line extension into the project.
3. The Applicant shall dedicate new sewer easements to for maintenance and
access to the new main sewer line.
4. The Applicant shall obtain a letter of consent to move the road from all of the
property owners that are served with vehicular access from the Shady Lane
prior to applying for an access/infrastructure permit to relocate the road. The
letters of consent shall be submitted to the City along with the
access/infrastructure permit application.
Section 4:
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 5:
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 6:
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 Commission at its regular meeting on April 18, 2006.
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City Attorney
PLANNING AND ZONING
COMMISSION:
~-;;
Jasmine Tygre, Chair
AI'PROVED AS TO FORM:
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ATTEST:
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J ckie Lothian, Deputy City Clerk
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JFlNICE K vas CAUDILL PITKIN COUNTY CO R 21.00 0 0.00
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00
Resolution No. 12
(SERIES OF 2006)
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A STREAM MARGIN REVIEW, SPECIAL REVIEW TO
DETERMINE THE RIVER'S TOP OF SLOPE, AND VARIANCES FROM THE
BUILDING ORIENTATION AND WINDOW HEIGHT RESIDENTIAL DESIGN
STANDARDS TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AT 17
SHADY LANE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2737-073-00-010
WHEREAS, the Community Development Department received an application
from Callwinnie LLC, requesting Stream Margin Review, Special Review to determine
the river's top of slope, and variances from the building orientation, fence height, garage
entry width, and window height residential design standards to construct a new single-
family residence at 17 Shady Lane; and,
WHEREAS, the Applicant revised the design of the garage to setback one of the
stalls to satisfy the garage entry width design standard, eliminating the need for the
garage entry width variance; and,
WHEREAS, the Applicant's property is a 93,653 square foot lot located in the R-
30 Zone District and in an Environmentally Sensitive Area as defined by the Land Use
Code; and,
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WHEREAS, the Community Development Department Staff reviewed the
application for compliance with the stream margin review standards, special review
standards, and the residential design standard variance review standards; and
WHEREAS, upon review of the application, site visits, and the applicable Land
Use Code standards, the Community Development Director recommended approval of
the steam margin review, special review to determine the river's top of slope, and
building orientation residential design standards variance finding that the review
standards have been met; and,
WHEREAS, upon review of the application, site visits, and the applicable Land
Use Code standards, the Community Development Director recommended that the
Planning and Zoning Commission deny the fence height and window height residential
design standard variances finding that the review standards are not met; 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, and has taken and considered public comment at a duly noticed
public hearing; and,
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WHEREAS, the City of 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 is consistent with the goals and objectives of the
Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission approved Resolution No. 12,
Series of 2006, by a seven to zero (7-0) vote, approving with conditions; stream margin
review, special review to determine the river's top of slope, and variances from the
building orientation and window height residential design standards to construct a new
single-family residence at 17 Shady Lane, 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 a stream margin review,
special review to determine the river's top of slope, and variances from the building
orientation and window height residential design standards to construct a new single-
family residence at 17 Shady Lane, Subject to the conditions contained herein.
Section 2: Buildinl! Permit
The Applicant shall submit and receive approval of a building permit application prior to
commencing construction activities. The building permit application shall contain the
following:
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a. A copy of the final P&Z Resolution.
b. The conditions of approval printed on the cover page of the
building permit set.
c. A completed tap pemlit for service with the Aspen Consolidated
Sanitation District.
d. A tree removal permit as required by the City Parks Department
and any approval from the Parks Department Director' for
mitigation of removed trees, if applicable.
e. The building plans shall demonstrate an adequate fire suppression
system approved by the Aspen Fire Marshal will be installed. A
fire alarm system meeting the requirements of the Fire Marshal
shall be installed.
f. A construction management plan that details the proposed method
and means by which the site will be accessed with excavation and
grading equipment during construction. This plan shall also detail
the proposed construction parking, which shall demonstrate that
except for essential trade trucks, no other personal trucks are to be
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 0 0.00
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parked in the area around the site. The City encourages that site
workers be shuttled in from the airport parking area.
g. A Geotechnical Report and study performed by a Colonido
licensed Civil Engineer. This study shall include a detailed
description of the slope stabilization and erosion control techniques
to be used during construction.
h. A drainage and erosion control plan, prepared by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-
site during and after construction. If a ground recharge system is
required, a soil percolation report will be required to correctly size
the facility. Silt fencing shall be incorporated into the erosion
control plan as is described in Section 3 below. A 5-year storm
frequency should be used in designing any drainage improvements.
The drainage plan shall demonstrate that there will be no increase
in the site's historic runoff as a result of the new residence. The
Study shall also demonstrate that there will be no increase in the
base flood elevation as a result of the development. No clear water
connections (roof, foundation, perimeter, patio drains) are allowed
to be connected to the sanitary sewer system.
t. A letter from the primary contractor to the Community Development
Director stating that the conditions of approval have been read and
understood.
Section 3: Erosion Control
The Applicant shall place vegetation protection fencing and silt fencing directly adjacent
to the top of slope that meets the approval of the City of Aspen Parks Department. The
Applicant shall provide a detailed tree protection fencing plan at the time of building
permit submittal and have the City of Aspen Parks Department inspect and approve of the
erected silt and tree protection fencing prior to commencing construction.
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Section 4: Tree Protection
There shall be no excavation, storage of materials, storage of construction backfill,
storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on
the site. An excavation under the drip line permit shall accompany the tree removal
permit required in Section 2 above. No over digging shall be allowed in the immediate
areas adjacentto the large spruce tree located just north of the proposed residence and the
large spruce tree located directly south of the proposed residence.
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Section 5: Riparian Restoration
The Applicant shall submit a reyised landscaping plan to the City of Aspen Parks
Department for review and approval prior to building permit submittal. The revised
landscaping plan shall not include the following types of vegetation that were proposed in
the original application:
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JANICE K vas CAUDILL PITKIN COUNTY CO R 26.00 0 0.00
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Planting Zone 1- Shall not include Ticklegrass, Beckman's Sloughgrass, Fringed
Bromegrass, or New Mexican Checkermallow.
Planting Zone 2- Shall not include Colorado Male Fern, Mountain Nine Bark, Ribes
(Gooseberry), or Blue gama.
Planting Zones 4 and 5- Shall not include Coral Carpet Sedum, Golden Stonecrop, Blue
Spruce, Rosy Glow Sedums, Rubus, or Huckleberry.
Planting Zone 7- Shall not include Common Treesquare, Hardstem Bulrush, Water
Sedge, Beaked Sedge, Common Scouring Rush, or Streamside Alpine Bluebells.
Section 6: Outdoor Lil!htinl!
All outdoor lighting shall be downcast and meet the requirements of the City of Aspen
Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting.
Section 7: State and Federal Permits
The Applicant shall apply for and obtain all necessary state and federal permits for
vegetation restoration and plantings within the I OO-year flood plain.
Section 8: SanitarY Sewer Requirements
The old sewer line connection next to the Rio Grande Trail shall be excavated and
abandoned at the main sanitary sewer line. Aspen Consolidated Sanitation District
(ACSD) personnel shall make a new tap and a new sanitary service line meeting the
ACSD's standards shall be installed at the Applicant's expense. The glycol heating and
snow melt system must be designed to prohibit discharge of glycol to any portion of the
public or private sanitary sewer system. Glycol storage areas shall be approved by the
ACSD prior to installation.
Section 9:
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 10:
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.
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Section 11:
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 Commission at its regular meeting on March 7, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
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CitYtttomey / ~ t7
ATTEST:
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MEMORANDUM
To: Aspen Planning and Zoning Commission
..JAI\-
TURU: Joyce Allgaier, Community Development Deputy Director
FROM: Janles Lindt, Senior Planner 3'L---
RE: 17 Shady Lane Residential Design Standard Variance from the Fence Height
Requirement- Continued Public Hearing
DATE: April 18, 2006
APPLICANT: Callwinnie LLC
ZONING: R-30 (Low-Density Residential
with a PUD Overlay)
LOT SIZE: 93,653 square feet
EXISTING AND PROPOSED LAND USE:
Single-Family Residence
REOUEST SUMMARY:
The Applicant requested a variance from the fence
height residential design standard in conjunction
wifu fue strean1 margin review fuat was approved by
the Planning and Zoning Commission pursuant to
Resolution No. 12, Series of2006.
Photo Above: Picture of vacant
property as seen from Shady Lane.
The fence height variance was denied by fue
Planning and Zoning Commission, but the
Commission continued fue public hearing to
entertain a revised fence/wall design. Additionally,
the Applicant would like fue Commission to
reconsider its decision not to allow for Shady Lane
to be moved to fue north as was proposed on March
7fu.
BACKGROUND:
The Applicant received streanl margin review approval and several variances from the
residential design standards on March 7th, pursuant to Resolution No. 12, Series of 2006
(attached as Exhibit "B"). However, fue Applicant was not granted a variance from the fence
height residential design standard to construct a wall along Red Mountain Road fuat
exceeded fue forty-two (42) inch height requirement for fences and walls fuat are located in
front of the frontmost fayade of a residence.
The majority of fue Commissioners seemed to indicate fuat a fence or hedgerow of some sort
is a good idea to stop snow from fue snowplows on Red Mountain Road from being thrown
,,,,
.......
onto tl1e house and tl1e property, but did not feel tl1at the wall design being proposed was
appropriate. The Commission expressed tl1at tl1ey wanted to see a more detailed design of
the wall and that tl1e wall should have more breaks in it to allow for visual opportunities into
tl1e property from Red Mountain Road tl1an tl1e design tl1at was presented on March 7tl1. The
Commission also expressed tl1at tl1ey were not in favor of pushing Shady Lane to tl1e north as
tl1e Applicant had proposed due to tl1e vegetation removal tl1at would be required.
STAFF COMMENTS:
FencelWall Variance:
The Applicant has responded to tl1e Commission's comments by providing a wall design
(attached as Exhibit "C") tl1at has more breaks in it to allow for visual opportunities into tl1e
property from Red Mountain Road. The revised design also contains wall sections tl1at
undulate back and forth related to tl1e property line to provide tl1e above mentioned breaks.
In evaluating tl1e fence height variance request at tl1e last meeting, Staff did not believe tl1at
tl1e fence height variance request met tl1e review standards for granting a variance from tl1e
residential design standards. In looking at tl1e neighborhood context, Staff did not observe
any six (6) foot tall fences or walls on eitl1er side of Red Mountain Road in tl1e immediate
area, with tl1e exception of tl1e fence tl1at exists on this property. Additionally, Staff has
traditionally taken tl1e position on fence height variance requests that being next to a busy
street does not constitute an unusual site-specific constraint. Staff has once again attached
our staff findings as Exhibit "A".
That said, Staff does believe tl1at tl1e revised wall design is consistent witl1 tl1e requests made
of tl1e Applicant during tl1e previous meeting by the Commission. Staff has attached tl1e
proposed resolution tl1at if passed, would allow for tl1e approval of the fence height variance
for tl1e proposed wall design.
Relocation of Shadv Lane:
The Applicant has requested tl1at tl1e Commission reconsider tl1e decision tl1at was made at
the previous hearing related to tl1e Applicant's ability to relocate Shady Lane to tl1e north of
its current location. The Applicant has indicated tl1at tl1ey have studied the possibility of
moving the south side of tl1e road into tl1e easement witl10ut moving tl1e north side of tl1e
road, but tl1at it would reduce tl1e widtl1 of Shady Lane beyond an acceptable level witl10ut
moving the north side oftl1e road. After consulting witl1 the Fire Marshall, tl1e Planning Staff
agrees tl1at tl1e reduction in widtl1 related to moving tl1e soutl1 edge of tl1e road into tl1e
easement witl10ut moving tl1e north edge of tl1e road would cause an unsafe widtl1.
Therefore, tl1e Applicant has amended tl1eir access plans (revised plans attached as Exhibit
"C") to move tl1e road approximately one foot to tl1e north of it's current location and up to
five (5) feet on tl1e southern end of tl1e property to get it back into tl1e easement.
The Parks Department has reviewed tl1e amended proposal to relocate Shady Lane and
believes tl1at tl1e revised proposal will not hann any significant vegetation on tl1e north side
of tl1e road. That being tl1e case, the Planning Staff does not feel that the proposed
amendment to Shady Lane as revised will either help tl1e safety of tl1e road or create a loss in
vegetation. Therefore, Staff is no longer recommending against tl1e proposed shift in Shady
Lane, finding tl1at it is an insignificant change. The recommended motion and tl1e proposed
resolution (attached as Exhibit "E") reflect tl1e Applicant's request for tl1e fence height
variance and tl1e change in tl1e location of Shady Lane. Approving tl1e proposed resolution
would grant permission for tl1e Applicant to construct tl1e masonry wall as proposed and to
move Shady Lane as shown in Exhibit "C". If tl1e Commission does not wish to grant tl1e
2
change in location of Shady Lane, ilie Commission should strike Section 3 and all oilier
references to ilie relocation of Shady Lane from ilie proposed resolution.
RECOMMENDED MOTION: <ALL MOTIONS ARE IN THE AFFIRMATIVE)
"I move to approve Resolution No. _, Series of 2006, approving wiili conditions, a
variance from ilie fence height residential design standard to allow for ilie construction of a
masonry wall of up to six (6) feet tall along ilie property line adjacent to Red Mountain Road
at 17 Shady Lane and allowing for ilie relocation of Shady Lane to ilie north as proposed."
ATTACHMENTS
Exhibit A - Review Criteria & Staff Findings
Exhibit B - Stream Margin Review Resolution
Exhibit C - Revised Wall Design and Plans for Shady Lane Relocation
Exhibit D - March 7th Meeting Minutes
Exhibit E - Proposed Resolution
3
If.. '....
''-''''''
EXHIBIT A
RESIDENTIAL DESIGN STANDARD VARIANCES REVIEW
REVIEW CRITERIA & STAFF FINDINGS
The Planning and Zoning Commission may approve a variance from tl1e Residential Design
Standards if tl1e proposed application meets the following:
a) Provides 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.
The following are Staff's findings In regards to tl1e VarIances being requested by tl1e
Applicant.
Variance Requested
Fences.
Fences, hedgerows, and planter boxes shall not be more than forty-two (42") high, measured
from natural grade, in all areas forward of the front fa{:ade of the house. Man-made berms
are prohibited in the front yard set back.
a) Provides 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 Finding:
In conducting a windshield survey of tl1e properties in tl1e vicinity, Staff did not find any of
tl1e otl1er properties having a fence tl1at is over 42 inches in height. Therefore, Staff does not
believe the application satisfies tl1is standard.
b) Be clearly necessary for reasons of fairness related to unusual site-specific
constraints.
Staff Finding:
Staffhas traditionally taken tl1e position on fence height variance requests tl1at being next to a
busy street does not constitute an unusual site-specific constraint. If being next to a busy
street were considered a site-specific constraint for granting a fence height variance, tl1ere
would likely be a lot of tall fences along Main Street. Staff does not find this standard to be
satisfied.
,
[Xh/hH \\~f;
Resolution No. 12
(SERIES OF 2006)
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A STREAM MARGIN REVIEW, SPECIAL REVIEW TO
DETERMINE THE RIVER'S TOP OF SLOPE, AND VARIANCES FROM THE
BUILDING ORIENTATION AND WINDOW HEIGHT RESIDENTIAL DESIGN
STANDARDS TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AT 17
SHADY LANE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2737-073-00-010
WHEREAS, fue Community Development Department received an application
from Callwinnie LLC, requesting Strean1 Margin Review, Special Review to determine
fue river's top of slope, and variances from fue building orientation, fence height, garage
entry widfu, and window height residential design standards to construct a new single-
family residence at 17 Shady Lane; and,
WHEREAS, the Applicant revised fue design of fue garage to setback one of fue
stalls to satisfy fue garage entry widfu design standard, eliminating the need for fue
garage entry widfu variance; and,
WHEREAS, fue Applicant's property is a 93,653 square foot lot located in fue R-
30 Zone District and in an Environmentally Sensitive Area as defined by fue Land Use
Code; and,
WHEREAS, fue Community Development Department Staff reviewed fue
application for compliance wifu fue stream margin review standards, special review
standards, and fue residential design standard variance review standards; and
WHEREAS, upon review of fue application, site visits, and fue applicable Land
Use Code standards, the Community Development Director recommended approval of
fue stean1 margin review, special review to determine the river's top of slope, and
building orientation residential design standards variance finding fuat the review
standards have been met; and,
WHEREAS, upon review of the application, site visits, and fue applicable Land
Use Code standards, fue Community Development Director recommended fuat fue
Planning and Zoning Commission deny fue fence height and window height residential
design standard variances finding fuat the review standards are not met; and,
WHEREAS, fue Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under fue applicable provisions of fue Municipal Code
as identified herein, has reviewed and considered fue recommendation of the Community
Development Director, and has taken and considered public comment at a duly noticed
public hearing; and,
I.......
........,...
WHEREAS, the City of 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 is consistent with the goals and objectives of the
Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission approved Resolution No. 12,
Series of 2006, by a seven to zero (7-0) vote, approving with conditions, streanl margin
review, special review to determine the river's top of slope, and variances from the
building orientation and window height residential design standards to construct a new
single-family residence at 17 Shady Lane, 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 a streanl margin review,
special review to determine the river's top of slope, and variances from the building
orientation and window height residential design standards to construct a new single-
fanlily residence at 17 Shady Lane, Subject to the conditions contained herein.
Section 2: Buildinl!: Permit
The Applicant shall submit and receive approval of a building permit application prior to
commencing construction activities. The building permit application shall contain the
following:
a. A copy of the final P&Z Resolution.
b. The conditions of approval printed on the cover page of the
building permit set.
c. A completed tap permit for service with the Aspen Consolidated
Sanitation District.
d. A tree removal permit as required by the City Parks Department
and any approval from the Parks Department Director for
mitigation of removed trees, if applicable.
e. The building plans shall demonstrate an adequate fire suppression
system approved by the Aspen Fire Marshal will be installed. A
fire alarm system meeting the requirements of the Fire Marshal
shall be installed.
f. A construction management plan that details the proposed method
and means by which the site will be accessed with excavation and
grading equipment during construction. This plan shall also detail
the proposed construction parking, which shall demonstrate that
except for essential trade trucks, no other personal trucks are to be
f",
.........
parked in tl1e area around tl1e site. The City encourages tl1at site
workers be shuttled in from tl1e airport parking area.
g. A Geotechnical Report and study performed by a Colorado
licensed Civil Engineer. This study shall include a detailed
description of tl1e slope stabilization and erosion control techniques
to be used during construction.
h. A drainage and erosion control plan, prepared by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-
site during and after construction. If a ground recharge system is
required, a soil percolation report will be required to correctly size
tl1e facility. Silt fencing shall be incorporated into tl1e erosion
control plan as is described in Section 3 below. A 5-year storm
frequency should be used in designing any drainage improvements.
The drainage plan shall demonstrate that tl1ere will be no increase
in tl1e site's historic runoff as a result of tl1e new residence. The
Study shall also demonstrate tl1at tl1ere will be no increase in the
base flood elevation as a result of the development. No clear water
connections (roof, foundation, perimeter, patio drains) are allowed
to be connected to tl1e sanitary sewer system.
1. A letter from tl1e primary contractor to the Community Development
Director stating that tl1e conditions of approval have been read and
understood.
Section 3: Erosion Control
The Applicant shall place vegetation protection fencing and silt fencing directly adjacent
to tl1e top of slope tl1at meets tl1e approval of tl1e City of Aspen Parks Department. The
Applicant shall provide a detailed tree protection fencing plan at tl1e time of building
permit submittal and have the City of Aspen Parks Department inspect and approve of the
erected silt and tree protection fencing prior to commencing construction.
Section 4: Tree Protection
There shall be no excavation, storage of materials, storage of construction backfill,
storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on
the site. An excavation under tl1e drip line permit shall accompany tl1e tree removal
permit required in Section 2 above. No over digging shall be allowed in tl1e immediate
areas adjacent to tl1e large spruce tree located just north of the proposed residence and tl1e
large spruce tree located directly south of tl1e proposed residence.
Section 5: Riparian Restoration
The Applicant shall submit a revised landscaping plan to tl1e City of Aspen Parks
Department for review and approval prior to building permit submittal. The revised
landscaping plan shall not include the following types of vegetation tl1at were proposed in
the original application:
Planting Zone 1- Shall not include Ticklegrass, Beckman's Sloughgrass, Fringed
Bromegrass, or New Mexican Checkermallow.
Planting Zone 2- Shall not include Colorado Male Fern, Mountain Nine Bark, Ribes
(Gooseberry), or Blue gama.
Planting Zones 4 and 5- Shall not include Coral Carpet Sedum, Golden Stonecrop, Blue
Spruce, Rosy Glow Sedums, Rubus, or Huckleberry.
Planting Zone 7- Shall not include Common Treesquare, Hardstem Bulrush, Water
Sedge, Beaked Sedge, Common Scouring Rush, or Streamside Alpine Bluebells.
Section 6: Outdoor Lililitinl!:
All outdoor lighting shall be downcast and meet tl1e requirements of the City of Aspen
Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting.
Section 7: State and Federal Permits
The Applicant shall apply for and obtain all necessary state and federal permits for
vegetation restoration and plantings within tl1e 100-year flood plain.
Section 8: Sanitary Sewer Requirements
The old sewer line connection next to tl1e Rio Grande Trail shall be excavated and
abandoned at tl1e main sanitary sewer line. Aspen Consolidated Sanitation District
(ACSD) personnel shall make a new tap and a new sanitary service line meeting the
ACSD's standards shall be installed at the Applicant's expense. The glycol heating and
snow melt system must be designed to prohibit discharge of glycol to any portion of tl1e
public or private sanitary sewer system. Glycol storage areas shall be approved by tl1e
ACSD prior to installation.
Section 9:
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 tl1e ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 10:
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 tl1e remaining portions tI1ereof.
I' '
.....,
Section 11:
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 Commission at its regular meeting on March 7, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
C
DavisHom~c;.
PLANNING & REAL ESTATE CONSULTING
"""'
Gt1,/lJ p't ''ell
April 7, 2006
James Lindt
City of Aspen
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: 17 Shady Lane Stream Margin Review
Dear James:
Heather Henry will bring you copies of a revised plan for the Shady
Lane relocation and the fence along Red Mountain Road. Thank you
for organizing the Planning and Zoning Commission site visit next
Tuesday at noon.
The Shady Lane re-alignment and the proposed fence will be
considered by the Planning and Zoning commission at the April 18,
2005 meeting. The applicant requests the Commission to take any
necessary procedural actions to consider and approve the revised
Shady Lane plan.
Please call me if you have any questions or concerns. Thanks for
your help
Sincerely,
INCORPORATED
GLENN HORN AICP
ALICE DAVIS AICP I GLENN HORN AICP
215 SQUTHMONARCHST.' SUITE 104'ASPEN,COLORADO 81611. 970/925-6587'FAX:970/925-5180
adavis@rof.net ghorn@rof.ne.
"
Gt1rb,t 'E/(
."',
Resolution No.j3-
(SERIES OF 20061)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A VARIANCE FROM THE FENCE HEIGHT RESIDENTIAL
DESIGN STANDARD TO ALLOW FOR THE CONSTRUCTION OF A WALL
OF UP TO SIX (6) FEET TALL ALONG THE PROPERTY LINE ADJACENT TO
RED MOUNTAIN ROAD AT 17 SHADY LANE AND ALLOWING FOR THE
RELOCATION OF A PORTION OF SHADY LANE, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel No. 2737-073-00-010
WHEREAS, fue Community Development Department received an application
from Callwinnie LLC, requesting a variance from fue fence height residential design
standard to construct a masonry wan of up to six (6) feet taIl along fue property line
adjacent to Red Mountain Road at 17 Shady Lane and the ability to relocate Shady Lane
to fue north in conjunction wifu a stream margin review to construct a new single-family
residence; and,
WHEREAS, fue Planning and Zonin& Commission approved the associated
strean1 margin review application on March 7 , 2006, pursuant to Resolution No. 12,
Series of 2006, but did not grant fue fence height variance or fue relocation of Shady
Lane and continued the public hearing to April18fu, 2006; and,
WHEREAS, the Applicant submitted a revised fence height variance on April 7th,
2006, asked fue Commission to reconsideration fue relocation of Shady Lane at fue April
18th meeting; and,
WHEREAS, fue Community Development Department Staff reviewed fue
application for compliance with the residential design standard variance review
standards; and,
WHEREAS, upon review of fue application, site visits, and fue applicable Land
Use Code standards, fue Community Development Director recommended fuat fue
Planning and Zoning Commission deny fue fence height residential design standard
variance finding fuat fue review standards are not met; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions offue Municipal Code
as identified herein, has reviewed and considered the recommendation of the Community
Development Director, and has taken and considered public comment at a duly noticed
public hearing; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that fue
approval of fue development proposal is consistent with fue goals and objectives of the
Aspen Area Community Plan; and,
"-
WHEREAS, during a continued public hearing on April 18, 2006, tl1e Planning
and Zoning Commission approved Resolution No. (+,series of 2006, by a _ to
_ L--.J vote, approving witl1 conditions, ;!v'ariance from tl1e fence height
residential design standard to construct a masonry wall of up to six (6) feet tall along tl1e
property line adjacent to Red Mountain Road at 17 Shady Lane and granting tl1e ability to
relocate Shady Lane to tl1e north by approximately one foot in conjunction witl1 a stream
margin review to construct a new single-family residence tl1at was approved pursuant to
Resolution No. 12, Series of2006; and,
WHEREAS, tl1e City of Aspen Planning and Zoning Commission finds tl1at this
Resolution furthers and is necessary for tl1e promotion of public healtl1, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED by tl1e Commission:
Section 1
Pursuant to tl1e procedures and standards set forth in Title 26 of tl1e Aspen Municipal
Code, tl1e Planning and Zoning Commission hereby approves a variance from tl1e fence
height residential design standard to construct a masonry wall of up to six (6) feet tall
along tl1e property line adjacent to Red Mountain Road at 17 Shady Lane and grants tl1e
ability to relocate Shady Lane to tl1e north by approximately one foot (as shown on tl1e
relocation plan presented to tl1e Planning and Zoning Commission on April 18, 2006) in
conjunction witl1 a stream margin review to construct a new single-family residence tl1at
was approved pursuant to Resolution No. 12, Series of 2006, subject to tl1e conditions
contained herein.
Section 2: Fence Permit
The Applicant shall submit a fence permit application for review and approval by tl1e
Community Development Engineer and the City Zoning Officer prior to commencing
construction on the fence. The fence permit application shall include a site improvement
survey, a site plan indicting tl1e location oftl1e wall, and an elevation drawing oftl1e wall.
Section 3: Shady Lane Relocation
The Applicant shall make arrangements to preserve vehicular access to tl1e other houses
served by Shady Lane during the relocation of tl1e street. Prior to commencing tl1e.
relocation of Shady Lane, tl1e Applicant shall consult witl1 tl1e Fire Marshall to ensure
tl1at tl1e new turning radii are appropriate for emergency access. Additionally, prior to
building permit submittal and prior to tl1e relocation of Shady Lane, the Applicant shall
consult witl1 tl1e Aspen Consolidated Sanitation District as to whetl1er the existing main
sanitary sewer line below Shady Lane will need to be relocated at tl1e Applicant's
expense. If it is determined by tl1e Aspen Consolidated Sanitation District tl1at tl1e main
sewer line needs to be relocated along witl1 tl1e relocation of Shady Lane, the Applicant
shall comply witl1 tl1e following requirements:
I. The Applicant shall apply for a line extension request and a collections system
agreement from the Aspen Consolidated Sanitation District's Board of
Directors.
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2. The Applicant shall deposit funds witl1 the Aspen Consolidated Sanitation
District for engineering fees, construction fees, observation fees, and fees to
clean and televise the new main sewer line extension into tl1e project.
3. The Applicant shall dedicate new sewer easements to for maintenance and
access to tl1e new main sewer line.
4. The Applicant shall obtain a letter of consent to move tl1e road from all of the
property owners tl1at are served witl1 vehicular access from tl1e Shady Lane
prior to applying for an access/infrastructure permit to relocate tl1e road. The
letters of consent shall be submitted to tl1e City along witl1 tl1e
access/infrastructure permit application.
Section 4:
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 tl1e ordinances repealed or
anlended as herein provided, and tl1e Sanle shall be conducted and concluded under such
prior ordinances.
Section 5:
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 deemep a separate, distinct and independent provision and shall not affect the
validity of tl1e remaining portions tl1ereof.
Section 6:
All material representations and corrunitments made by tl1e Applicant pursuant to the
development proposal approvals as herein awarded, whetl1er in public hearing or
documentation presented before tl1e Planning and Zoning Corrunission, are hereby
incorporated in such plan development approvals and the Sanle shall be complied with as if
fully set forth herein, unless anlended by an autl10rized entity.
APPROVED by tl1e Commission at its regular meeting on April 18, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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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.
Callwinnie LLC and Michael Stolper. 600 W. Broadwav. Ste 1225. San Diego. CA 92101
Property Owner's Name, Mailing Address and telephone number
17 Shady Lane, Metes and Bounds Parcel, Parcel ID # 2737-073-00-0 I 0
Legal Description and Street Address of Subject Property
Stream Margin AOProval. Special Review ApProval. Variances from Building Orientation.
Window Height Res. Design Standards for new Single-family Residence
Written Description ofthe Site Specific Plan and/or Attachment Describing Plan
Planning and Zoning Commission Resolution No. 12. Series of2006, Approved 317/06
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
March 19. 2006
Effective Date of Development Order (Same as date of publication of notice of approvaL)
March 20. 2009
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 19th day of March, 2006, by the City of Aspen Community
Development De ut Director.
-----.
Joyce Allga r, Communi evelopment Deputy Director
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 ilie Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: 17 Shady Lane, by resolution of the Aspen Planning and
Zoning Commission numbered 12, Series of 2006 on March 7, 2006. The Applicant
received approval of stream margin review, special review to establish the river's top of
slope, and variances from the building orientation and window height residential design
standards to construct a new single-family residence at 17 Shady Lane. For further
information contact Joyce Allgaier, 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 March 19,2006
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Resolntion No. 12
(SERIES OF 2006)
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A STREAM MARGIN REVIEW, SPECIAL REVIEW TO
DETERMINE THE RIVER'S TOP OF SLOPE, AND VARIANCES FROM THE
BUILDING ORIENT A TION AND WINDOW HEIGHT RESIDENTIAL DESIGN
STANDARDS TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AT 17
SHADY LANE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2737-073-00-010
WHEREAS, the Community Development Department received an application
from Call winnie LLC, requesting Stream Margin Review, Special Review to determine
the river's top of slope, and variances from the building orientation, fence height. garage
entry width, and window height residential design standards to construct a new single-
family residence at 17 Shady Lane; and,
WHEREAS, the Applicant revised the design of the garage to setback one of the
stalls to satisfy the garage entry width design standard, eliminating the need for the
garage entry width variance; and,
WHEREAS, the Applicant's property is a 93,653 square foot lot located in the R-
30 Zone District and in an Environmentally Sensitive Area as defined by the Land Use
Code; and,
WHEREAS, the Community Development Department Staff reviewed the
application for compliance with the stream margin review standards, special review
standards, and the residential design standard variance review standards; and
WHEREAS, upon review of the application, site visits, and the applicable Land
Use Code standards, the Community Development Director recommended approval of
the steam margin review, special review to determine the river's top of slope, and
building orientation residential design standards variance finding that the review
standards have been met; and,
WHEREAS, upon review of the application, site visits, and the applicable Land
Use Code standards, the Community Development Director recommended that the
Planning and Zoning Commission deny the fence height and window height residential
design standard variances finding that the review standards are not met; 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, and has taken and considered public comment at a duly noticed
public hearing; and,
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WHEREAS, the City of 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 is consistent with the goals and objectives of the
Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission approved Resolution No. 12,
Series of 2006, by a seven to zero (7-0) vote, approving with conditions, stream margin
review, special review to determine the river's top of slope, and variances from the
building orientation and window height residential design standards to construct a new
single-family residence at 17 Shady Lane, 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 a stream margin review,
special review to determine the river's top of slope, and variances from the building
orientation and window height residential design standards to construct a new si'ngle-
family residence at 17 Shady Lane, Subject to the conditions contained herein.
Section 2: BuiIdinl!: Permit
The Applicant shall submit and receive approval of a building permit application prior to
commencing construction activities. The building permit application shall contain the
following:
a. A copy ofthe final P&Z Resolution.
b. The conditions of approval printed on the cover page of the
building permit set.
c. A completed tap permit for service with the Aspen Consolidated
Sanitation District.
d. A tree removal permit as required by the City Parks Department
and any approval from the Parks Department Director for
mitigation of removed trees, if applicable.
e. The building plans shall demonstrate an adequate fire suppression
system approved by the Aspen Fire Marshal will be installed. A
fire alarm system meeting the requirements of the Fire Marshal
shall be installed.
f. A construction management plan that details the proposed method
and means by which the site will be accessed with excavation and
grading equipment during construction. This plan shall also detail
the proposed construction parking, which shall demonstrate that
except for essential trade trucks, no other personal trucks are to be
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parked in the area around the site. The City encourages that site
workers be shuttled in from the airport parking area.
g. A Geotechnical Report and study performed by a Colorado
licensed Civil Engineer. This study shall include a detailed
description of the slope stabilization and erosion control techniques
to be used during construction.
h. A drainage and erosion control plan, prepared by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-
site during and after construction. If a ground recharge system is
required, a soil percolation report will be required to correctly size
the facility. Silt fencing shall be incorporated into the erosion
control plan as is described in Section 3 below. A 5-year storm
frequency should be used in designing any drainage improvements.
The drainage plan shall demonstrate that there will be no increase
in the site's historic runoff as a result of the new residence. The
Study shall also demonstrate that there will be no increase in the
base flood elevation as a result of the development. No clear water
connections (root~ foundation, perimeter, patio drains) are allowed
to be connected to the sanitary sewer system.
1. A letter from the primary contractor to the Community Development
Director stating that the conditions of approval have been read and
understood.
Section 3: Erosion Control
The Applicant shall place vegetation protection fencing and silt fencing directly adjacent
to the top of slope that meets the approval of the City of Aspen Parks Department. The
Applicant shall provide a detailed tree protection fencing plan at the time of building
permit submittal and have the City of Aspen Parks Department inspect and approve of the
erected silt and tree protection fencing prior to commencing construction.
Section 4: Tree Protection
There shall be no excavation, storage of materials, storage of construction backfill.
storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on
the site. An excavation under the drip line permit shall accompany the tree removal
permit required in Section 2 above. No over digging shall be allowed in the immediate
areas adjacent to the large spruce tree located just north of the proposed residence and the
large spruce tree located directly south of the proposed residence.
Section 5: Riparian Restoration
The Applicant shall submit a revised landscaping plan to the City of Aspen Parks
Department for review and approval prior to building permit submittal. The revised
landscaping plan shall not include the following types of vegetation that were proposed in
the original application:
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Planting Zone 1- Shall not include Ticklegrass, Beckman's Sloughgrass, Fringed
Bromegrass, or New Mexican Checkermallow.
Planting Zone 2- Shall not include Colorado Male Fern, Mountain Nine Bark, Ribes
(Gooseberry), or Blue gama.
Planting Zones 4 and 5- Shall not include Coral Carpet Sedum, Golden Stonecrop, Blue
Spruce, Rosy Glow Sedums, Rubus, or Huckleberry.
Planting Zone 7- Shall not include Common Treesquare, Hardstem Bulrush, Water
Sedge, Beaked Sedge, Common Scouring Rush, or Streamside Alpine Bluebells.
Section 6: Outdoor Lil!htinl!
All outdoor lighting shall be downcast and meet the requirements of the City of Aspen
Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting.
Section 7: State and Federal Permits
The Applicant shall apply for and obtain all necessary state and federal permits for
vegetation restoration and plantings within the 100-year flood plain.
Section 8: Sanitary Sewer Requirements
The old sewer line connection next to the Rio Grande Trail shall be excavated and
abandoned at the main sanitary sewer line. Aspen Consolidated Sanitation District
(ACSD) personnel shall make a new tap and a new sanitary service line meeting the
ACSD's standards shall be installed at the Applicant's expense. The glycol heating and
snow melt system must be designed to prohibit discharge of glycol to any portion of the
public or private sanitary sewer system. Glycol storage areas shall be approved by the
ACSD prior to installation.
Section 9:
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 10:
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.
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Section 11:
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 Commission at its regular meeting on March 7, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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17 Shady Lane Additional Condition
Section 10:Change to Shady Lane Prescriptive Access Easement
Approval to relocate Shady Lane as is described in Section 8 of this resolution shall be
subject to first obtaining consent from the other property owners served by Shady Lane.
Proof of consent from the other property owners served by Shady Lane shall be provided
to the City of Aspen Community Development Department and the City Engineer prior to
or in conjunction with applying for the necessary permits to relocate Shady Lane.
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MEMORANDUM
THRU:
Aspen Planning and Zoning Commission
Joyce Allg';;dtf!;mmunity Development Deputy Director
To:
FROM:
James Lindt, Senior Planner uL.-.
17 Shady Lane Stream Margin Review, Special Review to establish River's
Top of Slope, Residential Design Standard Variances - Public Hearing
RE:
DATE:
March 7, 2006
ApPLtCANT: Call winnie LLC
LOT SIZE: 93,653 square feet
ZONING: R-30 (Low-Density Residential
with a PUD Overlay)
EXISTING AND PROPOSED LAND USE:
Single-Family Residence
REQUEST SUMMARY:
The Applicant is requesting stream margin review
approval and residential design standard variances to
construct a new single-family residence on the subject
property. Special review approval is also requested to
establish the river's top-of-slope as less restrictive than
top-of~slope shown on the City's top-of~slope map.
Photo Above: Picture of vacant
property as seen from Shady Lane.
BACKGROUND:
The Applicant is proposing to demolish the existing single-family residence at 17 Shady Lane
and construct a new single-family residence. Given that the proposed development is located
within 100 feet of the mean high water line of Roaring Fork River, the new residence requires
stream margin review approval. 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
Roaring Fork River or its tributaries. Additionally, the Applicant has requested Special
Review approval to establish the river's top-of-slope on the property as being different than
top-of-slope that was determined by Sopris Engineering on the adopted top-of-slope map as
is within the Commission's jurisdiction after considering a recommendation from the City
Engineer and the Community Development Staff.
Finally, the Applicant requests several variances from the residential design standards.
Specifically, the Applicant is requesting variances from the building orientation, fence height,
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garage width, and requirement for no windows between 9 and 12 feet above the first finished
floor. The Planning and Zoning Commission shall approve, approve with conditions, or deny
residential design standard variance requests based on the review criteria set forth in Land
Use Code Section 26.41O.020(D), Variances.
In conjunction with constructing a new residence, the Applicant has proposed to move Shady
Lane about 10 feet to the north of where it currently exists primarily to improve the safety of
the intersection with Red Mountain Road. Additionally, the Applicant has proposed an
extensive landscaping plan that includes some bank stabilization plantings beneath the river's
top-of-slope.
STAFF COMMENTS:
Stream Marzin Review:
As far as the stream margin and special review to establish the river's top-of-slope are
concerned, Staff believes that the proposal meets the review standards. The City Engineer
and the Community Development Engineer have both reviewed the proposed top-of-slope
and have indicated that they concur with the Applicant's engineer as to its location on the
property. As you can see on the photo below, there appears to be a clear break in the bank
sloping down to the river that corresponds with the location on the property that the
Applicant's engineer has identified as the top-of-slope.
That said, the proposed development is setback more than fifteen (15) feet from he proposed
top-of-slope and would meet the 45-degree progressive height limit that is required by the
Stream Margin Review Standards.
In looking at the proposed landscaping plan, the Parks Department has reviewed the bank
stabilization plantings that the Applicant is proposing and have recommended several
changes in the proposed species to be planted. Species not allowed to be planted as proposed
are listed in the proposed resolution. Staff has also included a condition of approval in the
proposed resolution requiring that the Applicant submit a revised landscaping plan prior to
building permit submittal. Staff has further proposed a condition of approval in the resolution
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requiring that the Applicant apply for and obtain all necessary state and federal permits for
planting within the I OO-year flood plain.
Relocation of'Shadv Lane:
As was briefly introduced in the background section of this memorandum, the Applicant has
proposed to relocate Shady Lane to the north by approximately 10 feet because they feel that
it would make the intersection of Shady Lane and Red Mountain Road safer. However, in
order to relocate Shady Lane, the Applicant needs consent from the other property owners
that are served by Shady Lane. At the time that the Planning and Zoning Commission's
packet was provided, the Applicant has not been able to provide proof of consent from the
other property owners allowing for the relocation of Shady Lane. Staff will provide the
Planning and Zoning Commission with an update at the public hearing on whether the
Applicant has obtained consent from the other property owners that are served by Shady
Lane.
The Community Development Engineer has reviewed the proposal to relocate Shady Lane
and has expressed that he feels that relocating the road will have a negligible impact on the
safety of the intersection. That said, there has been some concern expressed about the trees
that would be lost on the north side of the existing Shady Lane if the road were to be
relocated as proposed. The Parks Department has indicated that the trees that would be
required to be removed are healthy and have recommended against moving Shady Lane. If
the Planning and Zoning Commission does not believe that the Shady Lane should be
relocated, the Commission should direct Staff to strike Section 8 from the proposed
resoIntion and replace it with language prohibiting the relocation of Shady Lane.
Tree Removal and Construction Techniques:
In order to construct the proposed development, the Applicant has proposed to remove
several trees in declining health that are located near the top of the river bank. The Applicant
has also requested to remove several healthy trees within the building area on the site and
near the intersection of Shady Lane with Red Mountain Road. The Parks Department has
reviewed the proposal and is requiring that the Applicant obtain a tree removal permit prior
to removing the trees. The Applicant shall also be required to mitigate for the healthy trees
that are proposed to be removed by either paying a fee for their removal or providing new
tree plantings on the site. Staff has included conditions of approval in the proposed
resolution requiring that the Applicant obtain a tree removal permit and mitigate for the
healthy trees to be removed.
In looking at the construction techniques to be used, Staff has proposed a condition of
approval that would require the Applicant to provide silt fencing and construction fencing at
the top-of-slope. Staff has further proposed a condition requiring that a representative from
the City Parks Department be called to inspect the silt and construction fencing before any
construction activities commence on the site.
Sui/din!!: Orientation Variance:
As was described in the background paragraph of this memorandum, the Applicant has
requested several residential design standard variances. The first variance being requested is
from the building orientation standard that would require both of the street facing facades to
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be parallel to the adjacent streets. The proposed design has a fayade that is parallel to Shady
Lane, but the fayade facing Red Mountain Road is about 18 degrees from being parallel to the
street. The Applicant has argued that it would be impractical to construct a residence that is
parallel to both of the adjacent streets. given the angle at which the streets intersect. The
application also puts forth that Shady Lane is the primary frontage road for this lot and that
there is really no pedestrian relationship between Red Mountain Road and the property since
the lot is considerably lower in elevation than Red Mountain Road.
In reviewing the building orientation variance request, Staff agrees that it would create a
design challenge to orient the residence to both of the adjacent roads in this case. Staff also
concurs that there is very little pedestrian relationship between the lot and the adjacent Red
Mountain Road because there is a considerable difference in grade between the parcel and
Red Mountain Road.
Staff believes that the building orientation variance request meets the applicable review
standards for granting a variance. The majority of the residences in the immediate vicinity
are not parallel to the street and Staff feels that the angle of the intersecting streets causes an
unusual site-specific constraint as it relates to this variance request.
Fence Heizht Variance:
The Applicant has also requested a variance from the residential design requirement that
limits the height of fences and walls in front of the front fayade of a residence to a maximum
of 42 inches. The application requests a variance from this standard to construct a three (3)
to six (6) foot tall concrete or masonry wall along the property line adjacent to Red Mountain
Road to replace an existing six (6) foot tall wood fence. In the application, it is expressed
that the wall would visually screen the property and provide privacy to the lot.
In evaluating the request, Staff understands the Applicant's desire for privacy and blocking
the headlight glare from vehicles on Red Mountain Road by replacing the existing six (6) foot
fence with a three (3) to six (6) foot tall wall. However, Staff does not believe that the fence
height variance request meets the review standards for granting a variance from the
residential design standards. In looking at the neighborhood context, Staff did not observe
any six (6) foot tall fences on either side of Red Mountain Road in the immediate area, with
the exception of the fence that exists on this property. Additionally, StatT has traditionally
taken the position on fence height variance requests that being next to a busy street does not
constitute an unusual site-specific constraint. If being next to a busy street were considered a
site-specific constraint for granting a fence height variance, there would likely be a lot of tall
fences along Main Street. Therefore, Staff does not support the fence height residential
design standard request, finding that the request does not satisfy the review criteria for
granting a variance.
Garaf!.e Entrv Width Variance:
The Applicant would like to construct a three (3) car garage with the front of all of the garage
stalls being located in line with each other. The residential design standards allow the
vehicular entry to a garage to be at most twenty-four (24) feet wide. The application suggests
that a three-car garage is typical for many of the residences in the neighborhood and that the
garage as it is proposed would not be a prominent feature of the streetscape. Staff does agree
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that many of the residences that are served by Shady Lane have three-car garages because
they are located within the County and are not subject to the City's residential design
standards. Staff also concurs with the Applicant's argument that the garage doors will not be
all that visible from either Shady Lane or Red Mountain Road since it is proposed to be
setback about 125 feet from Shady Lane. However, Staff believes that the Applicant could
easily meet this design standard by simply setting back one of the garage stalls from the other
two garage stalls to better break up the appearance of the garage doors from Shady Lane.
Windows Variance:
Finally, the Applicant has requested a variance from the residential design standard that
disallows windows between nine (9) and twelve (12) feet above the first finished floor on
street facing facades. The application proposes windows in the nine (9) to twelve (12) foot
zone on the fayade that faces Red Mountain Road. The Applicant has argued that this
requirement is intended more for neighborhoods in which houses have a strong relationship
to the street. The application further puts forth that the subject parcel does not have a strong
relationship to Red Mountain Road.
StatI agrees with the Applicant's contention that the subject parcel does not have a significant
relationship with Red Mountain Road and that the west side of Red Mountain Road does not
have considerable pedestrian traffic. However, Staff does not believe that granting a variance
from this standard is necessarily consistent with the context of development in the
neighborhood. In conducting a windshield survey of the neighborhood, Staff did not see
many residences in the immediate area that have windows on street facing facades that span
in the no window zone. Additionally, Staff does not feel that there are unusual site-specific
constraints on this lot that would dictate the need to have windows in the "no window" zone.
StatI cannot support the variance request finding that the review standards have not been met
by the proposal.
STAFF RECOMMENDATION:
Staff feels that the proposal satisfies the stream margin review standards and complies with
the variance review standards necessary for granting the building orientation variance that is
requested. However, Staff does not believe that the variance review standards for granting
approval of the fence height, garage width, and window height residential design standard
variances are satisfied by the proposal. If the Planning and Zoning Commission agrees
with Staff that the fence height, garage width, and window height variance requests do
not meet the review standards, the Commission should strike the fence height, garage
width, and window height variances from the motion below, thereby only approving the
stream margin review, special review to establish the river's top-of-sIope, and building
orientation variance requests. Additionally, as was introduced earlicr in this
memorandum, the Planning and Zoning Commission should direct Staff to strike
Section 8 in the resolution if the Commission does not believe that the Applicant should
be able to relocate Shady Lane based on the Parks Department's concerns.
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RECOMMENDED MOTION: (ALL MOTIONS ARE IN THE AFFIRMATIVE)
"I move to approve Resolution No.li., Series of2006, approving with conditions. a stream
margin review, special review to esta !ish r'v r' - [, e an . es from the
building orientation, ti , an WIn ow eignt res! ential design
standards to construct a new single-family residence at 17 Shady Lane."
A TT ACHMENTS
Exhibit A -- Review Criteria & Staff Findings
Exhibit B -- Application
Exhibit C -- Referral Comments
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Resolution No..1J.-
(SERIES OF 2006)
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A STREAM MARGIN REVIEW, SPECIAL REVIEW TO
DETERMINE THE RIVER'S TOP OF SLOPE, AND VARIANCES FROM THE
BUILDING ORIENTATION, FENCE HEIGHT, GARAGE ENTRY WIDTH, AND
WINDOW HEIGHT RESIDENTIAL DESIGN STANDARDS TO CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE AT 17 SHADY LANE, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel No. 2737-073-00-010
WHEREAS, the Community Development Department received an application from
Callwinnie LLC, requesting Stream Margin Review, Special Review to determine the river's
top of slope, and variances from the building orientation, fence height, garage entry width,
and window height residential design standards to construct a new single-family residence at
17 Shady Lane; and,
WHEREAS, the Applicant's property is a 93,653 square foot lot located in the R-30
Zone District and in an Environmentally Sensitive Area as defined by the Land Use Code;
and.
WHEREAS, the Community Development Department Staff reviewed the
application for compliance with the stream margin review standards, special review
standards. and the residential design standard variance review standards; and
WHEREAS, upon review of the application, site visits, and the applicable Land Use
Code standards, the Community Development Director recommended approval of the steam
margin review, special review to determine the river's top of slope, and building orientation
variance finding that the review standards have been met; and,
WHEREAS, upon review of the application, site visits, and the applicable Land Use
Code standards, the Community Development Director recommended that the Planning and
Zoning Commission deny the fence height, garage entry width, and window height residential
design standard variances finding that the review standards are not met; 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, and has taken and considered public comment at a duly noticed public
hearing; and.
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
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approval of the development proposal is consistent with the goals and objectives of the Aspen
Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission approved Resolution No. _,
Series of 2006, by a _ to _ L-~ vote, approving with conditions, a stream
margin review, special review to determine the river's top of slope, and variances from the
building orientation, fence height, garage entry width, and window height residential design
standards to construct a new single-family residence at 17 Shady Lane, and.
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this
Resolution hlrthers 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 a stream margin review. special
review to determine the river's top of slope, and variances from the building orientation,
fence height, garage entry width, and window height residential design standards to construct
a new single-family residence at 17 Shady Lane, Subject to the conditions contained herein.
Section 2: Buildinl!: Permit
The Applicant shall submit and receive approval of a building permit application prior to
commencing construction activities. The building permit application shall contain the
following:
a. A copy of the final P&Z Resolution.
b. The conditions of approval printed on the cover page of the building
permit set.
c. A completed tap permit for service with the Aspen Consolidated
Sanitation District.
d. A tree removal permit as required by the City Parks Department and
any approval from the Parks Department Director for mitigation of
removed trees, if applicable.
e. The building plans shall demonstrate an adequate fire suppression
system approved by the Aspen Fire Marshal will be installed. A fire
alarm system meeting the requirements of the Fire Marshal shall be
installed.
f. A construction management plan that details the proposed method and
means by which the site will be accessed with excavation and grading
equipment during construction. This plan shall also detail the proposed
construction parking, which shall demonstrate that except for essential
trade trucks, no other personal trucks are to be parked in the area
around the site. The City encourages that site workers be shuttled in
from the airport parking area.
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g. A Geotechnical Report and study performed by a Colorado licensed
Civil Engineer. This study shall include a detailed description of the
slope stabilization and erosion control techniques to be used during
construction.
h. A drainage and erosion control plan, prepared by a Colorado licensed
Civil Engineer, which maintains sediment and debris on-site during
and after construction. If a ground recharge system is required, a soil
percolation report will be required to correctly size the facility. Silt
fencing shall be incorporated into the erosion control plan as is
described in Section 3 below. A 5-year storm frequency should be
used in designing any drainage improvements. The drainage plan shall
demonstrate that there will be no increase in the site's historic runoff
as a result of the new residence. The Study shall also demonstrate that
there will be no increase in the base flood elevation as a result of the
development. No clear water connections (roof, foundation, perimeter,
patio drains) are allowed to be connected to the sanitary sewer system.
1. A letter from the primary contractor to the Community Development
Director stating that the conditions of approval have been read and
understood.
Section 3: Erosion Control
The Applicant shall place vegetation protection fencing and silt fencing directly adjacent to
the top of slope that meets the approval of the City of Aspen Parks Department. The
Applicant shall provide a detailed tree protection fencing plan at the time of building permit
submittal and have the City of Aspen Parks Department inspect and approve of the erected
silt and tree protection fencing prior to commencing construction.
Section 4: Tree Protection
There shall be no excavation, storage of materials, storage of construction backtill, storage of
equipment. foot or vehicle traffic allowed within the drip line of any tree on the site. An
excavation under the drip line permit shall accompany the tree removal permit required in
Section 2 above. No over digging shall be allowed in the immediate areas adjacent to the
large spruce tree located just north of the proposed residence and the large spruce tree located
directly south of the proposed residence.
Section 5: Riparian Restoration
The Applicant shall submit a revised landscaping plan to the City of Aspen Parks Department
for review and approval prior to building permit submittal. The revised landscaping plan
shall not include the following types of vegetation that were proposed in the original
application:
Planting Zone 1- Shall not include Ticklegrass, Beckman's Sloughgrass, Fringed
Bromegrass. or New Mexican Checkermallow.
Planting Zone 2- Shall not include Colorado Male Fern, Mountain Nine Bark. Ribes
(Gooseberry), or Blue gama.
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Planting Zones 4 and 5- Shall not include Coral Carpet Sedum, Golden Stonecrop, Blue
Spruce, Rosy Glow Sedums, Rubus, or Huckleberry.
Planting Zone 7- Shall not include Common Treesquare, Hardstem Bulrush, Water Sedge,
Beaked Sedge, Common Scouring Rush, or Streamside Alpine Bluebells.
Section 6: Outdoor Lil!:htinl!:
All outdoor lighting shall be downcast and meet the requirements of the City of Aspen
Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting
Section 7: State and Federal Permits
The Applicant shall apply for and obtain all necessary state and federal permits for vegetation
restoration and plantings within the I DO-year flood plain.
Section 8: Relocation of Shady Lane
The Applicant shall make arrangements to preserve vehicular access to the other houses
served by Shady Lane during the relocation of the street. Prior to commencing the relocation
of Shady Lane, the Applicant shall consult with the Fire Marshal to ensure that the new
turning radii are appropriate for emergency access. Additionally, prior to building permit
submittal and prior to the relocation of Shady Lane, the Applicant shall consult with the
Aspen Consolidated Sanitation District as to whether the existing main sanitary sewer line
below Shady Lane will need to be relocated at the Applicant's expense. If it is determined by
the Aspen Consolidated Sanitation District that the main sewer line needs to be relocated
along with the relocation of Shady Lane, the Applicant shall comply with the following
requirements:
I. The Applicant shall apply for a line extension request and a collections system
agreement from the Aspen Consolidated Sanitation District's Board of Directors.
2. The Applicant shall deposit funds with the Aspen Consolidated Sanitation District
for engineering fees, construction fees, observation fees, and fees to clean and
televise the new main sewer line extension into the project.
3. The Applicant shall dedicate new sewer easements to for maintenance and access
to the new main sewer line.
Section 9: Sanitary Sewer Requirements
The old sewer line connection next to the Rio Grande Trail shall be excavated and abandoned
at the main sanitary sewer line. Aspen Consolidated Sanitation District (ACSD) personnel
shall make a new tap and a new sanitary service line meeting the ACSD's standards shall be
installed at the Applicant's expense. The glycol heating and snow melt system must be
designed to prohibit discharge of glycol to any portion of the public or private sanitary sewer
system. Glycol storage areas shall be approved by the ACSD prior to installation.
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Section 10:
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 11:
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 12:
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 Commission at its regular meeting on March 7, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attomey
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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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 Finding
Staff finds that the proposed development will not increase the base flood elevation on the
property in that the single-family structure is proposed well outside the special flood hazard
area. Staff finds this criterion 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 to the greatest extent possible via a
recorded "Fisherman's Easement."
Staff Finding
Staff finds that this proposal will not be in conflict with the AACP or the Roaring Fork
Greenway Plan because the proposed structure is to be confined outside of the native riparian
area as defined by the fifteen (15) setback from the river's top-of-slope. Additionally, the
bank restoration plan provides appropriate ground cover and vegetation, with the exceptions
noted in the proposed resolution, to prevent bank erosion, which is consistent with the stated
AACP goal of enhancing the natural environment. Staff feels that the restoration plan is
also consistent with the AACP intent statement to preserve, enhance, and restore the natural
beauty of the environment. Staff finds this standard to be met.
3. There is no vegetation removed or damaged or slope grade changes (cnt or fill)
made outside of a specifically defined building envelope. A building envelope shall
be designated by this review and said envelope shall be recorded on a plat pursuant
to Section 26.435.040(F)(1).
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Staff Findinl!
To Staffs knowledge, the subject property does not contain a previously established building
envelope. Staff finds this review standard not to be applicable to the proposed application.
4. The proposed development does not pollute or interfere with the natural changes of
the river, stream or other tributary, inclnding 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 proposal does not interfere with or pollute the river and Staff has proposed conditions of
approval that require the Applicant to place silt fencing above the river's top-of-slope to
prevent sediment from migrating to the river and the 100 year floodplain. Additionally, the
proposal will not affect the on-site drainage of the property because the construction is
located well outside the 100 year floodplain and the Applicant must provide a drainage plan
as part of the building permit submittal that indicates that off-site drainage will not exceed
historic rates. Staff finds this standard to be met.
5. Written notice is given to the Colorado Water Conservation Board prior to any
alteration or relocation of a watercourse, and a copy of said notice is submitted to
the Federal Emergency Management Agency.
Staff 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. 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!
Staff has included a condition of approval requiring that the all necessary state and federal
permits be obtained for the proposed plantings and riverbank restoration that is to occur
within the 100-year t1oodplain. Staff finds this standard to be met.
8. There is no development other than approved native vegetation planting within
fifteen (15) feet back of the top of slope or the high waterline, whichever is most
restrictive. This is an effort to protect the existing riparian vegetation and bank
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stability. New pIantings (including trees, shrubs, flowers, and grasses) outside of the
designated bniIding 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 has provided a landscape plan for review. The Parks Department has
indicated that the Applicant is proposing appropriate riparian vegetation with the exception of
the plant species prohibited in the resolution in their river bank restoration plan and Staff has
included a condition of approval requiring that the Applicant obtain all necessary state and
federal permits for plantings within the 100-year floodplain. Staff finds this standard to be
met if a revised landscaping plan acceptable to the Parks Department is submitted prior to
building permit submittal.
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!:
A deck on the existing residence is already located within fifteen (15) feet of the river's top
of slope as was determined by Applicant's surveyor. However, the proposed addition is
located approximately thirty (30) feet from the top-of-slope and meets the progressive height
established from the river's top-of-slope. 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 snbmitted with all development applications.
Staff Findinl!:
The Applicant is not proposing any new outdoor lighting. The existing outdoor lighting must
bc in compliance with the City of Aspen Outdoor Lighting Code. Staff finds this standard to
be met.
11. There has been accnrate identification of wetlands and riparian zones.
Staff Findinl!:
The Applicant's surveyor has not indicated that there are any wetlands on the property and
Staff feels that the top-of-slope has been accurately identified. Staff finds this standard to be
met.
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EXHIBIT B
RESIDENTIAL DESIGN ST ANDARD VARIANCES REVIEW
REVIEW CRITERIA & STAFF FINDINGS
The Planning and Zoning Commission may approve a variance from the Residential Design
Standards if the proposed application meets the following:
a) Provides 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.
The following are Staff's findings In regards to the vaflances being requested by the
Applicant.
Variance Requested
Buildinz orientation.
Thefrontfacades of all principal structures shall
he parallel to the street. On corner lots, hath
street facing facades must he parallel to the
intersecting streets. On curvilinear streets, the
fi-ontfacade of all structures shall be parallel to
the tangent of the midpoint afthe arc of the street.
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Yes.
Yes.
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a) Provides 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,
Stair Finding:
Most of the other residences that are served by Shady Lane are not parallel to the street
because they are located in Pitkin County and are not subject to the City's Residential Design
Standards. Staff finds this criterion to be met.
b) Be clearly necessary for reasons of fairness related to unusual site-specific
constraints.
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Staff Finding:
The proposed design has a fiH;ade that is parallel to Shady Lane, but the fa9ade facing Red
Mountain Road is about 18 degrees from being parallel to the street. The Applicant has
argued that it would be impractical to construct a residence that is parallel to both of the
adjacent streets. given the angle at which the streets intersect. The application also puts forth
that Shady Lane is the primary frontage road for this lot and that there is really no pedestrian
relationship between Red Mountain Road and the property since the lot is considerably lower
in elevation than Red Mountain Road. Staff finds this criterion to be met.
Variance Requested
Fences.
Fences, hedgerows, and planter boxes shall not be more than forty-two (42 ") high. measured
trom natural grade. in all areas forward of the fi-ont far;ade of the house. Man-made berms
are prohihited in thefi-ont yard set back.
a) Provides 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 Finding:
In conducting a windshield survey of the properties in the vicinity, Staff did not find any of the
other properties having a fence that is over 42 inches in height. Therefore, Staff does not
believe the application satisfies this standard.
b) Be clearly necessary for reasons of fairness related to unusual site-specific
constraints.
Staff Finding:
Staff has traditionally taken the position on fence height variance requests that being next to a
busy street does not constitute an unusual site-specific constraint. If being next to a busy
street were considered a site-specific constraint for granting a fence height variance, there
would likely be a lot of tall fences along Main Street. Staff does not find this standard to be
satisfied.
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Variance Requested
Garaf,(e Entry Width
The vehicular entrance width of a garage or carport shall not be greater than twenty~four
(24) feet.
a) Provides 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 Finding:
Staff agrees with the Applicant that many of the residences that are served by Shady Lane
have three-car garages because they are located within the County and are not subject to the
City's residential design standards. Staff also concurs with the Applicant's argument that the
garage doors will not be overly visible from either Shady Lane or Red Mountain Road since it
is proposed to be setback about 125 feet from Shady Lane. However, Staff believes that the
Applicant could easily satisfy the design standard by setting back one of the garage stalls a
couple of feet to better break up the visual appearance of the garage doors as seen from the
north. Staff finds this criterion not to be met.
b} Be clearly necessary for reasons of fairness related to unusual site-specific
constraints.
Staff Finding:
There are no unusual site-specific constraints that would prevent the proposed residence from
meeting the garage width residential design standard. Staff finds this criterion not to be met.
Variance Requested
Windows between 9' and 12 .
Street facing windows shall not span through the area where a second .floor level would
typically exist. which is between nine (9) and twelve feet (12) above the finished first floor.
For interior staircases, this measurement will be made from the first landing if one exists. A
transom window above the main entry is exemptfrom this standard.
a} Provides 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 Finding:
Staff agrees with the Applicant's contention that the subject parcel does not have a significant
relationship with Red Mountain Road and that the west side of Red Mountain Road does not
have considerable pedestrian traffic. However, Staff does not believe that granting a variance
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ti"om this standard is necessarily consistent with the context of development in the
neighborhood. In conducting a windshield survey of the neighborhood, Statl did not see
many residences in the immediate area that have windows on street facing facades that span
in the no window zone. Statl does not find this criterion to be met.
b) Be clearly necessary for reasons of fairness related to unusual site-specific
constraints.
Staff Finding:
Staff does not feel that there are unusual site-specific constraints on this lot that would dictate
the need to have windows in the "no window" zone. Staff finds this criterion not to be met.
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MEMORANDUM
To: Development Review Committee
From: Alex Evonitz, Com. Dev. Engineer
Date: January 18, 2006
Re: stream Margin Review and Design standards Variance
Parcel# 2737-073-00-010
Attendees; Alex Evonitz, Com. Dev. Eng.; James Lindt, City Planning; Ed
VanWalraven, Aspen Fire; Brian Flynn, Parks; Tom Bracewell, ACSD; Charles
Cunniffe, CCA, Owner Representative; Geoff Lester, CCA; Jay Hammond, SGM;
Glenn Horn, Davis Horn; Heather Henry, Design Workshop: Kristen Walsh, Design
Workshop
The Development Review Committee has reviewed the stream Margin and
Design Variances Request at their January 18, 2006 meeting and has compiled
the following comments:
. Building Department - No Attendance;
Fire Protection District - Ed VanWalraven;
. The project must be sprinkled and have an alarm system.
. In doing the realignment of the intersection, attention needs to be paid to
the "hinge point" and make sure the radii are appropriate for emergency
access.
. COA water service should have enough pressure to provide fire service
without a separate pump.
Engineering Department - No Attendance;
Housing Office - No Attendance;
Zoning Officer - No Attendance:
Environmental Health - No Attendance:
Parking - No Attendance;
. The Construction Management Plan (CMP) needs to include, material
staging, parking limitations, car pool options and use of intercept lot at
Brush Creek.
Parks - Bryan Flynn;
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January 18, 2006
17 Shady Lane
. The City of Aspen is interested in obtaining a fisherman easement within
the high water mark as outlined in the AACP an official Greenway Plan.
The Property is bordered on both the up stream and down stream by
public land. The fisherman's easement would greatly enhance the access
to the river corridor, allowing fisherman to use the opposite side of the river
away from the heavy uses like bikers, dogs and other trail users.
. The City of Aspen requires more information on the partially abandoned
Harris Ditch as denoted on the existing conditions site plan. Part of that
information should be the identification of current water right holders. Any
restoration work along the riparian corridor will be negated if a future
ditch owner utilizes this ditch easement and reactivates the ditch.
Important to find out the possible future uses of this ditch. Please note this
information on the plan set.
. There are no detailed design standards submitted for the stream margin
protection barricades referenced in report. Provide a design for the
location, means of installation, materials and how it will function
preventing any residual run-off.
. Some of the trees denoted on the report and site plan are in a declined
condition. Pending approval, the tree removal permit will require the
applicant's representative to set up an on-site meeting with the Parks
Department.
. Tree Removal: An approved tree permit is required for tree removals. An
approved tree permit requires a proposed landscape plan identifying
trees for removal, sizes, represented drip lines and a means and schedule
for mitigation. Please contact the City Forester for more information 920-
5120. The tree permit must be approved prior to an approved excavation
permit.
. 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 indicatinq the location of the tree protection will be required
for the bldq permit set. 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. This fence must be
inspected by the city forester or his/her designee (920-5120) before any
construction activities are to commence.
. Excavation: an excavation under the drip line permit will need to be
approved along with the tree permit. Specific excavation techniques will
be required for the foundation located adjacent to the large spruce
trees. There will be no over digging allowed in these zones.
. The applicant will need to contract with a tree service, and have them on
call in order to address all roots greater than 2 inches in diameter. Root
trenchina will be required around all trees with excavation under the drip
line or next to the drip line. This can be accomplished by an experienced
tree service company or trained member of the contractor's team.
. River Restoration Area General Comments
. Riparian restoration is much more of q process than the planting of various
plants within certain areas. It involves soil identification and management.
,
Page 3 of 5
January 18, 2006
17 Shady Lane
studies of typical water flow (hydro geomorphology), baseline botanical
studies on existing herbaceous vegetation, identification of appropriate
planting times, identification of appropriate planting methods,
supplemental temporary irrigation requirements, temporary erosion
control requirements. native seeding regimes for various of disturbed soil
within the project. Most of these items are missing within the proposed
plan. We would require these above-mentioned items before any final
approval could be given for the project._We remain committed to
assisting the applicant in any way possible including technical expertise
and direction in order to propel the project towards approval.
. Plant Materials will need to be reviewed in greater detail and approved
by the Parks Department. Provide detailed information for all zones
identified.
. Zone 1:
o Ticklegrass, Beckman's Sloughgrass, Fringed Bromegrass and New
Mexican Checkermallow are all found at lower elevations (Black
Canyon of Gunnison) and are not appropriate for this plan.
o Meadow Barley?
. Zone 2:
. Colorado Male Fern is found at lower elevations (Black Canyon of
Gunnison) and are not appropriate for this plan.
. Mountain Nine Bark is not native to this area and not appropriate to this
plan
. Ribes (GoosebBerry) please be more specific, there are many different
species and only a few native to this area.
. Blue grama not prevalent in higher elevations
. Native Mountain Serviceberry could also include Amelanchier utahensis
. Zone 4 and 5:
. Coral Carpet Sedum, Golden Stonecrop, Blue Spruce and Rosy Glow
Sedums are all to aggressive and have potential to adversely affect the
stream margin.
. Rubus (Wild raspberries) are to aggressive and have potential to adversely
affecting the stream margin
. Huckleberry is not native to area
. Zone 7:
. Common Threesquare, Hardstem Bulrush, Water Sedge, Beaked Sedge,
Common Scouring Rush and Streamside Alpine Bluebells are all found in
wetland settings, submerged zones of still water at various depths.
Although these plant materials are found along some portions of the
riparian corridor. the ephemeral nature of the water precludes them in
most areas. These plant materials would be extremely difficult to establish
on this site. D. cespitosa is a much more tolerant wetland grammanoid
which would be better to use in higher concentrations within this
restoration plan. City staff will assist in a follow up meeting about each
individual plant chosen and appropriate locations and strategies.
. The Parks Department is interested in the Historical values of the property
located across Red Mountain Road. Parks would like to speak with the
Page 4 of 5
January 18, 2006
17 Shady Lane
applicant on the possibilities of conservation of this area and possible
benefits.
. The Parks Department is also interested in protecting the open space
values of the property located across Shady Lane and would like to
explore possible conservation opportunities available for the applicant.
Water/Electric - No attendance;
Community Development Engineer - Alex Evonitz;
. A current survey needs to be submitted, or a letter for the original surveyor
certifying the current validity of the drawing represented at this time.
. In undertaking the traffic, analysis for site lines on the realignment of Shady
Lane the engineer needs to make a conservative judgment regarding the
design speed. This could be in a range of 10 mph to 20 mph over the
posted speed limit.
. It appears that a full basement is being proposed for this project. If that is
the case, please confirm that appropriate measures address ground
water conditions. Generally, the geo-tech engineer will provide those
details.
Aspen Consolidated Waste District - Tom Bracewell;
. Before the district will commit to serve this application, we will need to see
an improvement survey showing all utilities including the sewer manholes
on each side of the property, the utility easements, the location of existing
Shady Lane, the proposed new location of Shady Lane, and all
landscape features proposed for the northerly portion of the lot. The
district can then determine weather or not the district's main sewer line in
this area will need to be relocated with the relocation of Shady Lane at
the applicant's expense.
. If it is determined that the main sanitary sewer line needs to be relocated:
1. A "line extension request" and a "collection system agreement" are
required. Both are ACSD Board of Director's action items at separate
regularly scheduled monthly board meetings.
2. Applicant will be required to deposit funds with the district for
engineering fees, construction fees, observation fees. and fees to
clean and televise the new main sewer line extension into the project.
3. New easements dedicated to the district and recorded will be
required for both maintenance and access.
. Service is contingent upon compliance with the District's rules, regulations,
and specifications, which are on file at the District office.
. ACSD will review the approved Drainage plans to assure that clear water
connections (roof, foundation, perimeter, patio drains) are not connected
to the sanitary sewer system.
. On-site utility plans require approval by ACSD.
. Old service line connection next to the Rio Grande Trail excavated and
abandoned at the main sanitary sewer line according to ACSD
requirements. District personnel will make a new tap, and a new sanitary
service line must be installed according to ACSD standards.
. Below grade, development may require installation of a pumping system.
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January 18, 2006
17 Shady Lane
. One tap is allowed for each building. Shared service line agreements will
be required where more than one unit is served by a single service line.
. Permanent improvements are prohibited in sewer easements or right of
ways. Landscaping plans will require approval by ACSD where soft and
hard landscaping may impact public ROW or easements to be
dedicated to the district.
. All ACSD fees must be paid prior to the issuance of a building permit. Peg
in our office can develop an estimate for this project once detailed plans
have been made available to the district.
. Soil Nails are not allowed in the public ROW or in easements above ASCD
main sewer lines.
. Where additional development would produce flows that would exceed
the planned reserve capacity of the existing system (collection system
and or treatment system) an additional proportionate fee will be assessed
to eliminate the downstream collection system or treatment capacity
constraint. Additional proportionate fees would be collected over time
from all development in the area of concern in order to fund the
improvements needed.
. The glycol heating and snow melt system must be designed to prohibit
and discharge of glycol to any portion of the public and private sanitary
sewer system. The glycol storage areas must have approved containment
facilities.
. Once the proposed utility plans and improvement survey have been
submitted to the district for approval, the district will be able to comment
in greater detail.
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/
James Lindt
From: Brian Flynn
Sent: Wednesday, February 15, 20063:22 PM
To: James Lindt
Cc: Aaron Reed
Subject: 17 Shady Lane
James, Parks Department performed a site visit to evaluate the current condition of the trees located within the
proposed driveway realignment. The City forester did not find any trees that are in decline, in poor health or
mature in age. There are several trees that are not code conforming in size and several significant trees that are
code size and will require full mitigation. The forester also commented that unless the new road is built with a
vertical retaining wall the slope will impact roots zones of trees not located with in the 10 foot area. He felt that
there was more significant loss of resource then would be gained from the site lines of the realignment.
Aaron please add comments is necessary and forward to James.
2/15/2006
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DavisHom~C;.
PLANNING & REAL ESTATE CONSULTING
December 21, 2005
James Lindt
Aspen Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: CaIlwinnie LLC Stream Margin Review and Design Standard Variance
17 Shady Lane
Dear James:
Davis Horn Incorporated represent Michael Stolper and Callwinnie LLC (hereinafter referred to
as the "applicant"), the owners of a property at tl1e comer of Shady Lane and Red Mountain Road
in Aspen. The address is 17 Shady Lane, Aspen, CO. (PID#2737-073-00-010). The Stolper
family is seeking approval to build a new single family residence. This letter requests Stream
Margin and Residential Design Review approval for tl1e proposed residence pursuant to Sections
26.435.040 and 26.410 oftl1e Aspen Land Use Regulations.
This letter describes tl1e existing conditions on tl1e subject property, tl1e proposed development
and demonstrates compliance witl1 tl1e applicable regulations in tl1e land use code.
EXISTING CONDITIONS
The subject site is located on tl1e comer of Shady Lane and Red Mountain Road, tl1e first left turn
off Red Mountain Road after tl1e Mill Street bridge. See tl1e Vicinity Map in Attachment 1. The
property is on the fringe of the urban area with several large lot suburban homes adjacent and
nearby including tl1e Rowland, Hines, Duncan and Friedberg residences. The Common Grounds
co-housing complex is across Red Mountain Road to the north and tl1e Aspen Consolidated
Sanitation District employee housing project is to tl1e soutl1 across tl1e Roaring Fork River.
Attachment 2 shows tl1e Existing Conditions of the subject site including a vegetation analysis. It
depicts the existing topography, the 100 year floodplain, the mean high water line, tl1e top of
slope determined in 200 I and the 15 foot setback from this top of slope. The top of slope shown
in Attachment 2 is based upon tl1e City of Aspen definition for top of slope in 2001 when tl1is
property was initially studied and evaluated for Stream Margin Review. This top of slope
analysis was reviewed and approved in 200 I by tl1e City of Aspen t1rrough the Engineering
Department. It is based upon the drawing in Attachment 3 which was submitted to and approved
by Richard Goulding, City of Aspen Project Engineer. Attachment 4 is Goulding's letter dated
March 16, 200 I approving the location of this top of slope.
ALICE DAVIS. AICP I GLENN HORN. AICP
215 SOUTH MONARCH S1 . SUITE 104 . ASPEN, COLORADO 81611 . 970/925-6587' FAX: 970/925-5180
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New legislation for defining top of slope has been adopted since tl1e 2001 determination for tl1e
subject property. Now tl1e City of Aspen Land Use Regulations includes an adopted Stream
Margin Map showing top of slope designations throughout tl1e City. The new Code regulation
also includes a process for appealing tl1e top of slope as defined by tl1e adopted Stream Margin
Map. Since the City's Map is much less precise and since it shows tl1e top of slope located
across Shady Lane encompassing almost tl1e entire subject property, we are providing the data
from tl1e previously approved designation and have completed further research and
documentation which supports this original top of slope designation from 2001. The applicant
will tl1erefore also appeal tl1e designation on tl1e Stream Margin Map.
Also shown on the Existing Conditions map is tl1e 15 foot setback from tl1e 2001 approved top of
slope and the 100 foot setback from tl1e high water line. The area within tl1e 100 foot setback
from tl1e high water line is designated for Stream Margin Review.
Attachment 5 is a slope analysis of tl1e subject property. The drawing shows tl1at of the total
93,653 square foot property, 26,870 square feet oftl1e land contains slopes greater tl1an 30%
while 3,570 square feet ofland contains slopes between 20% and 30%. The site is generally flat
witl1 tl1e steeper areas on tl1e peripheries of the property such as along tl1e stream bank and tl1e
bank dropping down from Red Mountain Road and Shady Lane.
PROPOSED DEVELOPMENT
The applicant proposes to build a new, one story single family residence designed to preserve,
enhance and compliment tl1e stream front location. Vegetation restoration in tl1e riparian areas is
also proposed. Please see tl1e elevations of tl1e proposed home in Attachment 6, tl1e Layout Plan
in Attachment 7 and tl1e Landscape Plan in Attachment 8. The Grading Plan is in Attachment 9.
Site sections showing tl1e progressive heights have been met are given in Attachment 10.
In addition to tl1e new home and landscaping, tl1e applicant proposes to move Shady Lane north a
short distance in order to improve safety and site distance along Red Mountain Road. There is a
curve just north past the current intersection of Shady Lane and Red Mountain Road and by
pushing Shady Lane north by approximately 10 feet, the safety of tl1e intersection is vastly
improved. Shady Lane is an existing private road which provides access to five homes, including
the subject property. This improvement will also allow a more appropriate one story home by
providing a larger area suitable for development.
STREAM MARGIN REVIEW
This section oftl1e application demonstrates compliance witl1 tl1e Stream Margin Review
requirements, Section 26.435.040 oftl1e Aspen Land Use Regulations. Each oftl1e standards
appear in bold followed by tl1e applicant's responses.
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Two letters from Jay Han1mond P.E. ofSchmueser Gordon and Meyer, Inc. found in Attachment
11 address tl1ese issues from an engineering perspective.
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.
No proposed development will occur within tl1e Special Flood Hazard Area, also referred
to as tl1e 100 year flood plain. The Existing Conditions map in Attachment 2 shows tl1e
Special Flood Hazard Area and Attachment 7 shows the layout of the proposed home,
indicating tl1at tl1e home does not fall witl1in the Special Hazard Area. Please refer to tl1e
letter from Jay Han1mond, P.E. ofSchmueser Gordon and Meyer, Inc. to Nick Adeh, P.E.
witl1 tl1e City of Aspen found in Attachment 11. The Flood Insurance Rate maps (FIRM)
covering the subject parcel is found attached to Jay's letter. Altl10ugh tl1e requirements of
development witl1in the Special Flood Hazard Area do not apply, tl1e lowest habitable
floor elevation of tl1e proposed structure is still two feet or more higher tl1an tl1e Base
Flood Elevation on tl1e adjacent river. The project proposes appropriate setbacks
associated witl1 the river bank top of slope and will not alter tl1e river channel or
floodplain in any way. Jay Han1mond concludes in his letter tl1at, subject to compliance
witl1 drainage, disturbance and landscaping provisions of tl1e Stream Margin criteria, tl1e
project meets all tl1e technical requirements or tl1e FEMA standards and tl1e City of Aspen
Code provisions.
2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open
Space/Trails Plan and the Roaring Fork Greenway Plan are implemented in the
proposed plan for development, to the greatest extent practicable. Areas of historic
public use or access shall be dedicated via a recorded easement for public use. A
fisherman's easement granting public fishing access within the high water
boundaries ofthe river course shall be granted via a recorded "Fisherman's
Easement";
The Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plans show
tl1e existing trail located across tl1e Roaring Fork River from tl1e subject as part of the Rio
Grande trail system. Trails and public trail access are excellent in and around tl1e subject
property. This land use application is consistent witl1 tl1e recommendations oftl1e
Roaring Fork Greenway Plan and proposed landscaping will be consistent witl1 tl1e
Plan recommendations. A Fisherman's Easement should not be necessary as tl1e Roaring
Fork River is heavily used and easily accessed at several different points nearby.
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3. There is no vegetation removed or damaged or slope grade changes (cut or fill)
made outside of a specifically defined envelope. A building envelope shall be
designated by this review and said envelope shall be barricaded prior to the issuance
of any demolition excavation or building permits. The barricades shall remain in
place until the issuance of Certificates of Occupancy;
As shown on ilie Stream Margin Review Site Plan in Attachment 12, a Building Envelope
and a Landscape Building Envelope have been identified. All buildings will be located
wiiliin ilie Building Envelope and planting, grass and hardscape improvements will be
located wiiliin the Landscape Envelope. Please refer to ilie Landscape Plan Planting
Design Schedule in Attachment 8 for a detailed account of the plantings proposed by
zone.
The applicant will diligently protect ilie stream bank during construction. A barricade
will be erected on ilie south side of ilie Building and Landscape envelopes as iliey are
depicted in Attachment 12. The barricade protecting ilie stream bank shall not be
removed until a certificate of occupancy is issued for ilie project. No vegetation will be
removed or damaged and no slope grade changes (cut or fill) will occur outside ilie two
building envelopes. Zones "I" and "7" on ilie Schematic Planting Design in Attachment
8 are on ilie south side ofthe Building and Landscape Envelopes. Work in iliesezones
will involve native wetland plant enhancement, will provide bank stabilization and will
occur wiiliin ilie Restoration Envelope. There is no existing wetland vegetation wiiliin
the Building Envelope.
The Stream Margin Review Engineering Analysis by Jay Hammond in Attachment 11
states that, after reviewing ilie proposed project, no grade disturbance or vegetation
removal will occur with the exception of permitted driveway and utility improvements,
outside of the Building Envelope as required by the Code. Minimal disturbance will
occur within ilie setback of ilie previously approved top of slope designation along ilie
river to provide proper bank stabilization. No disturbance of any kind will occur wiiliin
ilie top of slope. Some new riparian landscaping may be placed in ilie various setback
areas. Hammond agrees that ilie top of slope as approved in 2001 appears to be a natural
condition for ilie site and appropriately located.
Attachment 2, ilie Existing Conditions map, shows trees on site, some of which are in
decline and are a safety hazard. Aaron Reed ofilie City of Aspen Parks Department
visited ilie subject site wiili ilie applicant's landscape architect in 2005 and observed the
cottonwood trees on site and seemed to agree with ilieir declining condition.
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 envelope;
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The proposed development is adequately set back from tl1e river to avoid interference
witl1 the natural changes of tl1e river. During construction, tl1e barricade on tl1e soutl1 side
oftl1e Building Envelope will be utilized to protect tl1e river bank and river during
construction. Any increased on-site drainage will be accommodated onsite to prevent
entry into tl1e river or onto its banks. Any pools or hot tubs will not be drained outside of
the designated building envelope.
Jay Harnn1ond, in his engineering analysis in Attachment 11, states tl1at tl1e proposed
development will not pollute or interfere witl1 tl1e natural changes oftl1e river. No
grading or construction is proposed witl1in tl1e river channel, Special Hazard Area or
riverbank. The project will incorporate temporary drainage, erosion and sediment control
during construction as well as permanent drainage features that maintain historic runoff
conditions on the property.
5. Written notice is given to the Colorado Water Conservation Board prior to any
alteration or reloeation of a water course, and a copy ofsaid notice is submitted to
the Federal Emergency Management Agency;
There will not be any alteration of the water course. Therefore, tl1e applicant has not
notified tl1e Colorado Water Conservation Board.
6. A guarantee is provided in the event a water course is altered or relocated, that
applies to the developer and his heirs, successors and assigns that ensures that the
flood carrying capacity on the parcel is not diminished;
There is adequate room on tl1e property to assure tl1at tl1e water course will not be altered
or relocated by the applicant or heirs. All disturbance will be restricted to tl1e designated
envelopes, therefore a guarantee is not needed. Jay Harnn10nd verifies this in his
engineering analysis in Attachment 11.
7. Copies are provided of all necessary federal and state permits relating to work
within the one hundred (100) year floodplain;
No work or grading will be performed within tl1e 100 year floodplain except for native
wetland plant restoration and enhancement. The applicant will obtain any federal or state
permits if any are required and copies will be provided.
8. There is no development other than approved native vegetation planting taking
place below the top of the slope or within fifteen (15) feet of the top of the slope or
the high waterline, whichever is most restrictive. This is an effort to protect the
existing riparian vegetation and bank stability. (See Figure "A" below for
illustrative purposes.);
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No development otl1er than native wetland plant restoration and enhancement will take
place below the top of slope approved in 2001. Please refer to Attachment 14, an old
survey oftl1e subject property showing tl1e top of slope approved by Richard Goulding of
tl1e City of Aspen Engineering Department in 2001 and tl1e mean high water line. As
mentioned previously, City regulations now include a Streanl Margin Map which
designates top of bank. This map is less site specific and precise tl1an tl1e site specific
studies the applicant or previous owner has completed. The City's Streanl Margin Map
shows a top of slope location which is across Shady Lane. This designation would make
tl1e property largely undevelopable. Any wetland vegetation tl1at may have existed above
the 200 I top of slope was removed and significantly disturbed long ago, over 45 years
ago, witl1 tl1e landscaping and development oftl1e late 1950's house which was recently
demolished by the previous owner. The applicant has completed further studies in
addition to tl10se completed in 2001 (report from Jay Hammond in Attachment 11 and
Jonathan Lowsky in Attachment 16), supporting tl1e previously approved top of slope as
appropriate and verifying tl1at there is no wetland vegetation in tl1e area proposed for tl1e
relocation of Shady Lane.
9.
All development outside the fifteen (15) foot setback from the top of the slope does
not exceed a height delineated by a line drawn at a forty-five (45) degree angle from
ground level at the top ofthe slope. Height shall be measured and determined by
the Community Development Director using the definition for height set forth at
Section 26.104.100 and method of calculating height set forth at Section 26.575.020
(See Figure "A" below for illustrative purposes);
Attachment 10 shows tl1e required progressive height limit defined above and illustrates
tl1at tl1e progressive height limit will be met. The proposed home, located outside tl1e 15
foot setback from tl1e previously approved top of slope, will not exceed tl1e height
delineated by tl1e progressive height limit line. All new construction on the site will
comply witl1 tl1is restriction.
10. A landscaping plan is submitted with all development applications. Such plan shall
limit new pIantings (including trees, shrubs, flowers and grasses) outside ofthe
designated building envelope on the river side to native riparian vegetation;
Attachment 8, tl1e Landscape Plan; shows tl1e proposed vegetation to be planted in several
different landscape zones. This Attachment includes a plant's scientific nanle, common
nanle, wetland status, height and otl1er information on tl1e various plants proposed. The
Landscape Plan includes an inventory of existing species within tl1e streanl margin.
Briefly described, Zone I includes bank wetland restoration below the top of slope and
will remain tl1e least disturbed during and after construction. All existing planting witl1in
tl1is area should remain undisturbed except as indicated. Species located witl1in tl1is area
are best suited to stabilize tl1e bank and prevent erosion.
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Two main areas of erosion and invasive species have been indicated on tl1e vegetation
analysis and will be revegetated as indicated in Zone 7.
Zone 2 includes the bank upland restoration above tl1e top of slope This area is witl1in tl1e
stream margin zone and includes the upper bank species. Areas of disturbance during
construction will be revegetated witl1 native species, mostly shrubs, in naturalized
patterns. The intent is to allow areas witl1in this zone to grow into a pre-construction
state. Areas closest to tl1e home will be replanted witl1 predominantly meadow grasses
and wildflowers to allow circulation around tl1e house.
Zone 3 consists of areas which were previously highly manicured lawn/yard space
including turf grasses and have been limited to those spaces necessary only for limited
outdoor enjoyment.
Zone 4 is required for screening and privacy purposes. Tree species are predominantly
spruce and fir and will provide a strong visual barrier to tl1e surrounding roads. The
understory of tl1e areas in Zone 4 will serve as a transition zone betweentl1e stream
margin areas and the groundcover in Zone 5. The understory is simply native flowers and
grasses.
Zone 5 surrounds tl1e entrance to tl1e house and most of tl1e ornamental gardens. This
area is generally outside of tl1e stream margin. It is intended to be planted very simply
witl1 three to four plant species, including simple juniper hedges, carpet-like
groundcovers and aspen trees which form a contrasting vertical element. Smaller garden
areas such as directly outside the entry door and in tl1e sunken garden area may
incorporate otl1er species in including ferns and sedums.
Zone 6 is the boundary between tl1e property line oftl1e Stolperpler property and Red
Mountain Road and Shady Lane. It is intended to be planted witl1 native grass and
limited wildflower species. The intent is to blend this area in witl1 tl1e more native habitat
that exists along botl1 roads.
Zone 7 includes strictly riparian species tl1at will be used to revegetate areas indicated in
tl1e existing conditions vegetation analysis as eroded or as areas of invasive species.
These stream margin species will be placed in naturalized groupings to closely resemble
the surrounding plant colonies and will only be utilized at tl1e water's edge.
Zone 8 includes tl1e proposed roof area to be utilized as a green roof system. While
ideally tl1e entire roof may be a green roof structure, tl1e area indicated as a green roof on
the southeastern half of tl1e roof structure would gain the most visual enjoyment botl1
from witl1in and outside oftl1e property boundaries. From the upper lawn terrace, tl1is
area of the roof is most visible as well as from tl10se traveling on Red Mountain Road
from Aspen and those living in the adjacent units in the Hunter Creek Area.
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A portion of the master bedroom wing could also be a green roof system so iliat ilie entire
roof structure as viewed from ilie Rio Grande Trail presented as vegetated. This area has
less impact, iliough, given the grade change between ilie roof and ilie Trail.
This Landscape Planting Plan is found in at ilie end of Attachment 8.
11. All exterior lighting is low and downcast with no Iight(s) directed toward the river
or located down the slope and shall be in compliance with Section 26.575.150;
Exterior lighting will comply wiili iliis land use requirement.
12. Site sections drawn by a registered architect, landscape architect, or engineer are
submitted showing all existing and proposed site elements, the top of the slope, and
pertinent elevations above sea level; and
Attachment 13 shows site sections prepared by Design Workshop, ilie project's landscape
architect. These sections show the existing and proposed site vegetation below and above
the top of slope. The proposed vegetation below ilie top of slope is ilie area at ilie top of
ilie bank planned for native wetlands plantings intended to add to bank stability and some
bank restoration at ilie water's edge. Attachment 13 shows ilie Special Flood Hazard
Area (100 year food plain), ilie top of slope, ilie fifteen foot setback from ilie top of slope
and ilie Fringe Zone.
13. There has been accurate identification of wetlands and riparian zones.
Attachment 15 is a November 14,2001 report from Andrew Antipas of Ecological and
Environmental Consulting Inc. He states in his report that ilie proposed improvements
will not impact and will enhance and restore riparian vegetation or wetlands along ilie
Roaring Fork River. Figure 1 in this report identifies ilie riparian zone. He observed no
wetlands in ilie project area. The routine criteria as described in the Army Corps of
Engineers 1987 Delineation Manual was utilized by Antipas in his investigation. This
1987 manual used ilie tlrree parameters of vegetation, soils and hydrology to identify
wetlands.
Antipas states iliat iliere is a sharp topographic break which defines the top of bank in ilie
project area and also defines where ilie landscape yard ends and where ilie riparian
vegetation begins. Historically, Antipas notes, ilie building envelopes may have been in
ilie riparian zone, but all iliat remains of this plant community are mature cottonwood
trees. It appears iliat ilie cottonwoods were thinned wiili ilie construction of ilie existing
house built in 1958 when ilie riparian vegetation was replaced wiili turf grass. This
thinning and understory removal occurred tlrroughout the flatter portions ofilie property.
Antipas found ilie steep riverbank to be left undisturbed except for ilie construction and
maintenance of ilie Harris irrigation ditch.
-8-
r
--
The construction of Red Mountain Road may have disturbed tl1e north edge of tl1e
property as characterized by tl1e uneven distribution of road fill.
Jonatl1an Lowsky has completed a current report indicating that there is no wetland or
riparian vegetation in the area where tl1e road construction along Shady Lane is proposed.
Please refer to Attachment 16 for tl1is report.
Residential Design Standards
This section of tl1e application addresses tl1e Residential Design Standards in Section 26.410.040
oftl1e Aspen Land Use Regulations. The owners' architect, Charles Cunniffe Architects, and
landscape architects, Design Workshop Inc. (DWI) have discussed tl1e proposed plans for tl1e
subject residence and landscaping witl1 tl1e Community Development Department in order to
assure compliance with tl1e Residential Design Standards. The proposed plans comply witl1 all
Design Standards except for four where variances are requested. These include 26.410.040 -
(AI) Building Orientation, (A3) Fences, (C2e) Garage Facade and (D3a) Windows. The
applicant is therefore requesting variances for tl1ese four items. This Section addresses variances
to the Residential Design Standards. Any appeal for a variance shall demonstrate tl1at tl1e
variance would:
(1) provide an appropriate design or pattern of development considering the context
in which the development is proposed and the 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
(2) Be clearly necessary for reasons of fairness related to unusual site-specific
constraints.
The following addresses tl1e four standards and demonstrates tl1at the variance would accomplish
one or botl1 of tl1e above.
Al Building Orientation. On corner lots, both street facing facades must be parallel to
the intersecting streets. The subject property is located at tl1e intersection of Shady Lane
and Red Mountain Road, tl1us is it a comer lot. The house is oriented directly to Shady
Lane, the primary frontage road for this lot. However, since Shady Lane intersects Red
Mountain Road at an obtuse angle, the facade facing tl1e secondary Red Mountain Road
cannot be parallel and is off by approximately 18 degrees. Because of tl1e impractical
nature to build a home parallel to botl1 streets, tl1e fair decision would be to grant tl1is
variance, especially since the secondary Red Mountain Road is a non-pedestrian oriented
street.
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,........
The existing design is parallel to Shady Lane and is as parallel as possible to Red
Mountain Road.
A3 Fences. Fences cannot be more than 42 inches high, in all areas forward of the front
facade of the house. The applicant is requesting a variance from fue 42 inch alternative
front yard maximum fence height. This request is for fue fence along Red Mountain
Road. All ofuer fences will meet this criteria. This fence is intended to be a wall type
structure of a solid material of stone or concrete. The height will vary from three feet to
six feet above natural grade (36" to 72"). The top of fue fence will be level. It will start
around 36 inches, below fue 42 inch requirement, and will fuen follow fue grade along
Red Mountain Road as it rises, fue top staying level, but fue height above grade
increasing up to approximately five or six feet. Gaps in fue wall allow existing trees to
remain and provide visual interest in fue fence. There are several reasons for fuis request,
discussed below.
I. There is an existing six foot fence installed by fue previous owners for privacy and
to shield fue property from Red Mountain Road. This replaces fuat fence and it
will be shorter as fue existing fence is a consistent six feet for the majority offue
property.
2. The fence will visually screen fue property from cars and adjacent neighbors and
provide an adequate level of privacy and will also provide a shield from car
headlights into fue house as fuey approach on Red Mountain Road from fue north.
The traffic noise and headlight buffer will be sufficient wifu fue proposed fence,
while still being shorter fuan fue existing six foot fence.
3. The fence will provide protection to people and property from cars on Red
Mountain Road, iffue cars were to lose control, especially during winter driving
conditions. This is extremely important as fue site is at a low spot in Red
Mountain Road in bofu directions.
4. The fence will provide necessary separation from fue property and fue road for
resident children and domestic animals. There is inadequate space for other
alternatives such as berming, (which are also prohibited in an alternative front
yard) so a fence is fue best way to accomplish this protection.
The proposed fence design is superior to fue existing six foot fence and has been designed
considering the context in which the fence is proposed. In considering fue busy Red
Mountain Road and the relationship of fue development to the Road and fue
neighborhood, this variance is well warranted. Given fue busy traffic, fue nature of fue
surrounding area and fue fact fuat fue existing fence is consistently higher, the applicant
believes that a variance from the 42 inch fence requirement would be a reasonable and
fair decision for fue subject property.
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C2e Garage Facade. The vehicular entrance of a garage or carport shall not be greater
than twenty four feet. The applicant would like a t1rree car garage, appropriate to tl1e
size and scale of tl1e proposed house and tl1erefore a variance is needed from tl1e 24 foot
widtl1 maximum required for a garage. There will be individual, single stall garage doors
as required in tl1e guidelines. In addition, tl1e garage is set well back from tl1e "front"
street of Shady Lane, tl1us it is not a dominant streetscape feature. The garage design will
complement tl1e overall house design. The intent of tl1e standard is met, and tl1e design
has considered tl1e context of the neighborhood. The three car garage is typical for homes
in the neighborhood.
D3a Windows. Street facing windows shall not span through the area where a second
floor level would typically exist, which is between nine and twelve feet above the
finished first floor. For interior staircases, this measurement will be made from the
first landing if one exists. A transom window above the main entry is exempt from
this standard. Due to the contemporary aestl1etic of this riverfront home, tl1e applicant is
seeking a variance to waive the requirement for tl1e traditional Victorian street facing
window. This requirement is more applicable in tl1e East and West End neighborhoods,
and is not a critical factor for riverfront properties in tl1e subject's vicinity. This
requirement is more appropriate for pedestrian neighborhoods and has little relevance
based on Red Mountain Road being a non-pedestrian vehicular thoroughfare.
After reviewing tl1e intent of the Residential Design Standards, Site Design in "A", Garages in
"C" and Building Elements in "D", tl1e proposal falls reasonably witl1in tl1e intent of tl1e standard
and will meet tl1e overall purpose of each of tl1e standards addressed. The proposed home is not
a grand mansion oversized for tl1e lot, but ratl1er a very comfortable, single story, inviting
residence on a large lot (93,653 square feet) oriented toward its surroundings which provides tl1e
human scale and feel the Design Standards are intended to create. We tl1erefore request approval
for tl1e four variances.
Summary
This letter and tl1e attachments demonstrate compliance with the Aspen Land Use Regulations
for Stream Margin Review and Residential Design Standard. The applicant is requesting
approval for four variances from tl1e Residential Design Standards.
The following list of attachments are included witl1 tl1is letter.
I. Vicinity Map (8.5" x 11 ");
2. Existing Conditions Plan (with Vegetation Analysis) (II" x 17" and 24" x 36");
3. Drawing showing tl1e top of slope approved in 200 I by Richard Goulding, City of Aspen
Engineer; (11" x 17")
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4. Letter dated March 16,2001 from Richard Goulding approving the location of the top of
slope pursuant to the drawing in Attachment 3;
5. Slope analysis prepared by Aspen Survey Engineers (II" x 17");
6. Elevations of the proposed home (II" x 17" and 24" x 36"));
7. Layout Plan (11" x 17" and 24" x 36");
8. Landscape Plan/Schematic Plant Design, ( 11" x 17" and 24" x 36");
9. Grading Plan (11" x 17" and 24" x 36");
10. Site Section showing the Progressive Height Limit (11" x 17" and 24" x 36");
11. Two letters from Jay Hammond P.C., engineer with SMG providing an engineering
analysis of the subject property and proposed minor road relocation.
12. Stolper Stream Margin Review Site Plan (I I" x17" and 24" x 36");
13. Site Sections by Design Workshop Inc. (11" x 17" and 24" x 36");
14. Survey of the subject property prepared by Aspen Survey Engineers, 2000 (11" x 17");
15. Andy Antipas, Ecological and Environmental Consultant's 2001 Report on the
identification of the riparian and wetland areas on the subject property;
16. Jonathan Lowsky riparian report on the minor relocation of Shady Lane;
17. Agreement for Payment of Fees;
18. Authorization Letter from Callwinnie LLC (Michael Stolper), Property Owner;
19. Proof of ownership;
20. Pre-application conference Surnn1ary sheet; and
21. List of property owners located within 300 feet of the subject for public notice;
-12-
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Please contact Davis Horn Incorporated if anything needs to be clarified or if you need any
additional information.
Sincerely,
DAVIS HORN INCORPORATED
Stolper
-13-
StrealQl Margin-Review
ATTACHIIeNT .1
November 13, 2001
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ATTACHMENT ~
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THE CITY OF ASPEN
DII~W
March 19,200i
To whom it may concern,
. The line defining tl1e top of slope at 17 Shady Lane on tl1edniwings submitted to
me on March 1~, 2001 drawn by Aspen Survey Engineer Inc is an accurate representation
of the top of slope as defined by t.lte City of Aspen Engineering Department. We.
recognize that tl1e property has two different levels and tl1at one is represented by Section
F and G with the other being represented by B, C, D and E. The Engineering Department
has retained a copy of these drawings., ~ ~
<
Richard Goulding, Project Engineer
no Sot.:1Jl G^IJ::-';^ Snu:n . Ao,rw, COI.D/lMJO 81(,11.1975 . Pllof\1970.920.5OO0 . hx 970.920.5197
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ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project:
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
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(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
II
$h<<.J1'-<-<"1<2
Commercial net leasable:
Number of residential units:
Number of bedrooms:
Existing: 0
Existing: 0
Existing: D
Proposed:
Proposed:
Proposed:
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Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing: NA Allowable: f)\b"t Proposed: IV ilT 1<-,,'-'.......'" '1 e-t
Principal bldg. height: Existing. Allowable: '-'5'"' Proposed: NDt kY'K...>............'" \./j<2r
Access. bldg. height: Existing Allowable: NA- Proposed: NPt-
On-Site parking: Existing. Required: L.. Proposed: 2-
% Site coverage: Existing. Required: Nil-- Proposed: IVi:\-
% Open Space: Existing. Required: tit\- Proposed: rVA-
Front Setback: Existing Required: )0 Proposed: 10
Rear Setback: Existing Required: 10 Proposed: tv
Combined FIR: Existing. Required: L...J Proposed: .~..::>
Side Setback: Existing Required: ('l Proposed: /r
Side Setback: Existing. Required: I') Proposed: -z..-;)
Combined Sides: Existing i/ Required: ') '" Proposed: :::.""\
Distance Between Existing tV f'rRequired: Npt Proposed:----.f!.. A-
Buildings
Existing non-conformities or encroachments:
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ATTACHMENT t lPrrt.
Stolper Residence
Plant Design and Stream Margin Review
Zone I
This area of tl1e stream margin includes tl1e bank area generally located below tl1e top of
slope. This area will remain tl1e least disturbed during and after tl1e construction process.
All existing planting within tl1is area should remain undisturbed except as indicated.
Species located within this area are best suited to stabilize tl1e bank and prevent erosion.
Two main areas of erosion and invasive species have been indicated on tl1e vegetation
analysis and will be revegetated per the requirements and species indicated in zone 7.
Zone 2
This area is within the stream margin zone and includes the upper bank species. Areas of
disturbance during construction within this zone will be revegetated witl1 native species,
mostly shrubs, in naturalized patterns. The intent is to allow areas within tl1is zone to
grow in to a pre-construction state. Areas closest to the home will be replanted witl1
predominantly meadow grasses and wildflowers to allow circulation around the house.
Zone 3
These areas are higWy manicured lawn space including turf grasses. These areas have
been limited to those spaces necessary only for limited outdoor enjoyment.
Zone 4
These areas are required for screening and privacy purposes. Tree species are
predominantly spruce and fir and will provide a strong visual barrier to tl1e surrounding
roads. The understory in these areas serves as a transition zone between the stream
margin areas and the groundcovers in zone 5. The understory is a simple palette of native
flowers and grasses.
Zone 5
This zone surrounds tl1e entrance to tl1e house and most of tl1e ornamental gardens. This
area is generally outside oftl1e stream margin. It is intended to be planted witl1 a very
simple palette oft1rree to four plant species, including simple juniper hedges, carpet-like
groundcovers and aspen trees which form a contrasting vertical element. Smaller
gardenesque areas such as directly outside tl1e entry door and in the sunken garden area
may incorporate otl1er species including ferns and sedums.
Zone 6
This zone is the boundary between the property line of the Stolper Residence and Red
Mountain Road and Shady Lane. It is intended to be planted with native grass and limited
wildflower species. The intent is to blend this area in witl1 tl1e more native habitat tl1at
exist along botl1 roads.
Zone 7
This zone includes strictly riparian species tl1at will be used to revegetate areas indicated
in tl1e vegetation analysis as eroded or as areas of invasive species. These stream margin
I
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species will be placed in naturalized groupings to closely resemble tl1e surrounding plant
colonies and will only be utilized at tl1e water's edge.
Zone 8
This area indicates the proposed roof area that may be utilized as a green roof system.
While the ideal tl10ught here would be to have tl1e entire roof utilize a green roof
structure, tl1e area indicated as a green roof on tl1e southeastern half of tl1e roof structure
would gain tl1e most visual enjoyment botl1 from witl1in and outside oftl1e property
boundaries. From the upper lawn terrace, this area of tl1e roof is most visible as well as
from tl10se traveling on Red Mountain Road from Aspen and tl10se living in tl1e adjacent
units in tl1e Hunter Creek area. A portion oftl1e master bedroom wing could also be a
green roof system so tl1at tl1e entire roof structure as viewed from the Rio Grande Trail
presented as vegetated. This area has less impact, tl1ough, given tl1e grade change
between tl1e roof and tl1e trail. The use of a green roof system has not been entirely
decided upon but should be reviewed as part oftl1e Stream Margin Review.
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SdHMUESERloORDON !MEYER
GLENWOOD SPRINGS
ASP;::;.!
I 18 W. eTH, SUITE 200
OLENWOOO SPRINGS. CO B! 60 I
.970-Q4S-loo4
1')(: \0170-945-5948
P.O. SOX 21~!5
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97Q-QZ!5-e727
FX: 10170-925-41157
CRESTED BUTTe.
1"'.0. "OX 3086
C,.E.5TED eUTTE. co e 1 224
97o-304Q-53!5!5
F'J(: liiI7o-34Q-!53S8
: E N G I: NEE R si 5 U R V E.Y 0 R 5
November 23; 2005
Mr.'Nicl< Adeh; P.E.
.City Engineer
City of Aspen
Aspen, CO 81611
ATTACHMENT--1L--
RE: Stolper Residence Stream MarQin Review. EnQineerlnQ Analvsls
Dear Nick:
I am writing in follow-up to a meeting and discussion with Planning Consultant, Glenn
Horn, regarding the Stream Margin issues for the proposed Stolper Residence at 17
Shady Lane off Red Mountain Road in Aspen. The Stolper property is located on the
Roaring Fork River and, due to its location within 100 feet of the high water line of the
river, is subject to the Stream Margin Review criteria under Section 26.435.040 of the
City of Aspen Municipal Code. Glenn requested that I inspect the Stolper property and
provide a letter report regarding the relationship of the property and proposed residential
structure to the potential flood hazard and related Stream Margin Review issues.
Analvsis
My purpose in providing this letter is to provide an analysis of the technical and
engineering aspects of the proposed house location relative to the river floodplain and
Stream Margin Review criteria. I would address the criteria of Section 26.435.040 C.
Stream Margin Review Standards as follows (I have endeavored to address only those
criteria that are technical or engineering-related):
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."
Response: The potential flood hazard adjacent to the Stolper building site is shown
on Panels 203 and 204 of the Flood Insurance Rate Map (FIRM) for Pitkin County,
Colorado and Incorporated Areas dated June 4,1987, copies of which are attached.
The mapping indicates the potential Base Flood Elevations for a 1 OO-year flood event on
the Roaring Fork River adjacent to the site. Base Flood Elevation (BFE) 7836 occurs
approximately 20 feet upstream of the old Denver and Rio Grande Western railroad
bridge and BFE 7837 is about 200 feet upstream of the bridge. Based on the proposed
building site plan (attached) and conversations with the architect, the lowest habitable
level of the proposed residence is at elevation 7839 and the entire building footprint is
located above elevation contour 7840 (much of it is above elevation contour 7850). The
proposed building, therefore, is not located in the Special Flood Hazard Area (Zone AE)
to any extent.
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."
...---,
c.'.. ,..
----0
November 23, 2005
'iMrJNic;k Adeh, P. E.
. 'City EnSineer
~tQjpe~Re$id.enc~
Stream Margin Review Engineering Analysis
Page 2
Response: I have not addressed this item as a non-technical issue.
3. "Thereisno vegetation removed or damaged or slope grade changes (cut
or fill) made outside of a specifically defined building envelope."
Response: My understanding from the site plan for the project is that no grade
disturbance or vegetation removal will occur with the exception of permitted driveway
and utility improvements outside of a building envelope defined by the relevant front yard
(off Shady Lane) and side yard (off Red Mountain Road) setbacks as well as the 15-foot
setback off the Top of Slope adjacent to the river as defined on the survey for the
property. No significant re-grading, including grading associated with driveway or utility
construction will occur within the setback off the top of slope along the river. A minimal
amount of grading and some new landscaping may be placed in the top of slope setback
areas. This grading will be only associated with regrading and revegetation after
construction of the house. There will be no disturbance to the top of the riverbank slope
itself.
From my meeting with Glenn, it is also my understanding that there has been some
discussion regarding what comprises the top of the river bank slope in this area based
on a Top of Bank Analysis based on GIS data prepared by a consultant to the City. It is
my understanding, again, that this has been resolved accepting the top of slope defined
on the survey for the Stolper property. I would only note that, based on my site
inspections, the top of slope defined on the property survey would appear to be a natural
condition for the site and appropriately defined.
4. "The proposed development does not pollute or interfere with the natural
changes of the river, stream or other tributary, including erosion and I or sedimentation
during construction. Increased on-site drainage shall be accommodated within the
parcel to prevent entry into the river or onto its banks."
Response: The proposed development of the Stolper property will not pollute or
interfere with the natural changes of the river. No grading or construction is proposed
within the river channel, Special Flood Hazard area or riverbank. The project will
incorporate temporary drainage, erosion and sediment control during construction as
well as permanent drainage features that maintain historic runoff conditions on the
property.
5. "Written notice is given to the Colorado Water Conservation Board prior to any
alteration or relocation of a water course, and a copy of said notice is submitted to the
Federal Emergency Management Agency."
Response: No alteration or relocation of the watercourse is proposed and, therefore,
no such notice would be required.
"... ",,",
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November 23, 2005
TMr.NIi:k Adeh;P.E.
'City Engineer .
Stolp!lf R!lsidlmC;!l
Stream Margin Review Engineering Analysis
page 3
6. "A guarantee is provided in the event a water course is altered or relocated, that
applies to the developer and his heirs, successors and assigns that ensures that the
flood carrying capacity on the parcel is not diminished."
Response: As noted under item 5, no alteration or relocation of the watercourse is
proposed and, therefore, no such guarantee would be required.
7. "Copies are provided of all necessary federal and state permits relating to work
within the one~hundred-year floodplain.'
Response:
No work or grading is proposed within the 100-year floodplain.
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."
Response: Any proposed landscaping taking place below the top of slope or within
fifteen (15) feet of the top of slope shall utilize approved native vegetation.
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."
Response: My understanding is that the project has demonstrated compliance with
this criterion.
10. "A landscape plan is submitted with all development applications. Such plan shall
limit new plantings (including trees, shrubs, flowers, and grasses) outside of the
designated building envelope on the river side to native riparian vegetation."
Response: My understanding is that the project has demonstrated compliance with
this criterion.
11. "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."
Response: My understanding is that the project has demonstrated compliance with
this criterion.
12. "Site sections drawn by a registered architect, landscape architect or engineer
are submitted showing all existing and proposed site elements, the top of slope, and
pertinent elevations above sea level."
Response: Per Item 9, my understanding is that the project has demonstrated
compliance with this criterion.
.-J,
t -
s
'Novemper23,2005
Mr.1Nick A~ehj P.IE.
citY Engineer
StOJperReS,i,QllnCe
Stream Margin Rllview Engineering Analysis
, 'Page 4
, 13. "there has been accurate identification of wetlands and riparian zones."
Response: I have not seen the specific delineation of wetland or riparian vegetation
,zones that was prepared for the property but it is my general understanding that such
areas are located closely adjacent to the river and are not subject to disturbance by the
proposed house location and site plan.
Conclusion
I think that, from an engineering perspective, it is most important to note that the
proposed Stolper residence is not located within the Special Flood Hazard Area (Zone
AE) to any extent. While the requirements of City of Aspen Municipal Code Section
26.435.080 C. 2. c. regarding development proposed in a special flood hazard area are,
therefore, not applicable, the proposed structure indicates a lowest habitable floor
elevation that is 2 feet or more higher than the Base Flood Elevation on the adjacent
river. The project provides appropriate setbacks associated with the riverbank top of
slope and will not alter the river channel or floodplain in any way. Subject to compliance
with the drainage, disturbance and landscaping prOVisions of the Stream Margin criteria,
I would conclude that the project, as presented, meets all of the technical requirements
of the FEMA standards and City of Aspen code provisions.
I hope this is helpful and responsive as a technical review of the Stolper residence
pursuant to the City of Aspen Stream Margin Review standards. Mr. Horn and our client
would request your confirmation of this analysis as appropriate to the property, or
comments regarding any aspect of the Stream Margin Review Standards that you feel
are not adequately addressed. I anticipate the Mr. Horn will be submitting a Stream
Margin Review application on behalf of Michael Stolper within the next few weeks.
Please feel free to contact me if you have any further questions in this regard.
Very Truly Yours,
Schmueser Gordon Meyer, Inc.
~ (;Ja~.- ~
Uy~. Hammond, P.E.
Principal, Aspen Office
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GLENWOOD SPRINGS
I 18 W. 6TH, SUITE 200
GLENWOOD SPRINGS, CO 8 I 60 I
970.945-1004
FX: 970-945-5948
ASPEN
P.O. BOX 2 I 55
ASPEN, CO 81612
970.925-6727
FX: 970-925-4157
December 8, 2005
Mr. Glenn Horn
Davis Horn, Inc.
215 South Monarch St., Ste. 104
Aspen, CO
81611
ATTACHMENT ~'t.
RE: StolDer Prooertv. Re-Location of Shadv Lane
Dear Glenn:
I am writing in follow-up to our discussion regarding the traffic safety aspects of a
proposal to re-Iocate Shady Lane within the Michael Stolper property, as well as its
intersection with Red Mountain Road, approximately 17 feet to the northwest. My
understanding is that Mr. Stolper is interested in relocating Shady Lane and the related
access easement in an effort to provide for a somewhat larger yard area for his new
home at 17 Shady Lane.
Based on a further site visit to observe the ramifications of relocating the intersection
and an exhibit map prepared by Design Workshop (attached) it would be my general
opinion that the proposed relocation will improve sight distances at the intersection with
a resulting improvement in traffic safety. The proposed relocation of Shady Lane to the
northwest moves the intersection with Red Mountain road closer to the "apex" of the
curve in the County road as it transitions from the vicinity of Lone Pine Road to the
bridge across Hunter Creek and the climb up to Red Mountain. Relocating the
intersection in that direction allows for somewhat better sight distances onto Red
Mountain Road both to the north and to the southeast. To the north, the sight distance is
improved in the range of 50 or 60 feet toward and beyond the Hunter Creek bridge. To
the southeast, the improvement may be closer to 100 feet in that the relocation moves
the intersection away from the existing solid fence and vegetation located close to the
roadway.
While relocating the intersection approximately 17 feet to the northwest is a modest
change, the improvements to the sight distances onto Red Mountain Road are
noticeable. My only recommendation with regard to the proposed relocation would be
that the solid fence along the northeast property line of the Stolper property not be
extended along the property line to the new access easement. In my view, the current
fence is itself an obstruction to the sight lines at the intersection and any new fence, if
one is to be constructed, should be set back from the intersection approximately 30 feet
as I have noted on the attached exhibit drawing.
I hope this is helpful and responsive with regard to the traffic safety ramifications of
relocating the Shady Lane Intersection. Please feel free to contact me if you have any
further questions in this regard.
s
December 8, 2005
Mr. Glenn Hom
Stolper Property
Shady Lane Intersection
Page 2
Very Truly Yours,
Schmueser Gordon Meyer, Inc.
oz~
Jay W. Hammond, P.E.
Principal, Aspen Office
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Ecological & Environmental Consulting, LLC
ATTACHMENT ---.l'--
11/14/01
Alice Davis
Davis Horn, Inc.
215 S. Monarch
Suite 104
Aspen, CO 81611
Reference: Bell Residence
Stream Margin Review
Red Mountain Road, Aspen
Dear Ms. Davis,
On November 7,20011 visited the Bell Residence at the intersection of Red
Mountain Road and Shady Lane in Aspen, Colorado. A light rain was falling
and temperatures were in the 50's. The proposed project is to construct a new
home on this site. Photos of the project area are attached to this letter.
Detennination
I have reviewed Aspen City Planning Code Section 26.68.040, and this project is
consistent with the Stream Margin regulations. This project will not impact
riparian vegetation or wetlands along the Roaring Fork River. There is a sharp
topographic break, which defines the top of bank for the Roaring Fork River in
the project area (Figure 1 and Photo 1). This topographic break also defines
where the landscaped yard ends and where the riparian vegetation begins.
Historically, the project area would have fallen within the riparian zone of the
Roaring Fork River. However, all that remains of this plant community are
mature cottonwood trees. It appears that the cottonwoods were thinned when
the existing house was built, and the riparian understory vegetation was
replaced with turf grass (Photo 2 and 3). This thinning and understory removal
occurred throughout the flatter portions of the property.
The steep riverbank appears to be left relatively undisturbed. However, the
construction and maintenance of the Harris irrigation ditch, which parallels
the river, have also caused regular disturbance within the riparian zone. The
construction of Red Mountain Road appears to have disturbed the north edge
of the property. The uneven distribution of road fllI characterizes this portion
of the property (Photo 4).
0285 Crystal Circle, Carbondale, CO 81623 970-963-8297 aantlpas@soprls.net
~
~
Wetland Investigation
No wetlands were observed in the project area. The routine criteria as described
in the Army Corps of Engineers 1987 Delineation Manual was utilized for the
investigation. The 1987 manual utilizes the three parameters of vegetation,
soils, and hydrology to identify wetlands. No hydrologic indicators were
observed and no hydric soU was present. Cottonwood trees can and do occur in
wetlands, but this site is well drained. The river and Harris ditch are providing
the moisture necessary to support the cottonwoods.
Thank you for the opportunity to provide ecological consulting services. If you
have any additional questions, please do not hesitate to call.
-
o
Photo 1. Looking west at the top of bank, whIch defines the boundary between
the rIparian vegetation and the landscaped yard.
Photo 2. LookIng south from the southeast corner of the house.
I
.
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I
Photo 3. Looking east. Note the northeast corner of the existing house and the
mowed turf grass.
Photo 4. Looking north towards Red Mountain Road. The photo illustrates the
disturbed nature of this area as a result of the construction of the roadway.
/""">
:)TT ACHMENT I ~.
WILDLIFE & WETLAND SOLUTIONS, LLC
Ecological Services & Consulting
December 13, 2005
Glenn Horn
Davis Horn, Inc.
215 S Monarch
Aspen, CO 81611
RE: Stolper Property - Shady Lane Realignment
Dear Mr. Horn:
As per your request, I have conducted a site assessment of the Stolper Property
(Parcel ID #2737-073-00-010) for the presence of jurisdictional wetlands. The Property is
located within the City of Aspen, Pitkin County, Colorado. Jurisdictional wetlands are
those areas that meet the parameters (a dominance of hydrophytic vegetation, hydric
soils, and sustainable hydrology), and criteria (soils that are saturated for a significant
period (a week or more) during the growing season) as set forth by the 1987 U.S. Army
Corps of Engineers (COE) 1987 Wetlands Delineation Manual (Environmental
Laboratory 1987). Non-jurisdictional wetlands are defined as those areas that are missing
one or more of the wetland parameters, or that are completely isolated (no natural surface
or underground connection (piped or culverted) with navigable waters of the U.S.).
A site reconnaissance was conducted by foot on November 3, 2005 to identify and
assess the general nature and extent of any wetland areas and to become familiarized with
the project site. The wetland assessment was conducted by a certified wetland delineator
following the routine method as outlined in the COE 1987 Wetlands Delineation Manual
(Environmental Laboratory 1987). During the field inspection, representative soil borings
were taken, dominant vegetation was recorded, and representative hydrologic indicators
were noted in order to identify the presence of jurisdictional wetlands within the area of
interest. The area of interest is the area immediately to the north of Shady Lane on the
Stolper Property (Figure 1).
No wetlands were located within the area of interest. A majority of vegetation was
found to be upland (UPL) such as smooth brome (Bromus inermis) or facultative upland
(FACU) such as chokecherry (Prunus virginiana) with a few facultative wetland (FACW)
plants such as redosier dogwood (Cornus sericea) and narrowleaf cottonwood (Populus
angustifolia).. A few wetland obligate Nebraska sedges (Carex nebraskensis) were found
immediately adjacent to Shady Lane. Soils on the site are of the Uracca, moist-Mergel
complex (USDA Soil Conservation Service 1985). These soils are well drained and stony.
No indication of hydric soil conditions was found within the area of interest.
PO Box 1636 . Basalt. CO 81621. Phone: 970.618.4740 . Email: jlowsky@soprjs.net
-
-"
;
......"
Wildlife & Wetland Solutions. LLC.
p.2
Given the results of the site assessment, the realignment of Shady Lane as shown in
Figure 2 will not impact any jurisdictional or non-jurisdictional wetlands or other waters
of the U.S.
Sincerely,
~~,
~ky
Principal Ecologist
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Wildlife & Wetland Solutions, llC.
p.3
Literature Cited
Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual,
Technical Report Y-87-1. U.S. Army Engineer Waterways Experiment Station,
Vicksburg, MS.
USDA Soil Conservation Service 1985. Soil survey of Rifle Area, Colorado: parts of
Garfield and Mesa Counties. USDA Soil Conservation Service, Colorado
Agricultural Experiment Station, Denver, CO.
-
"
,
Wildlife & Wetland Solutions. lLC.
p.4
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--
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---
WIldlife &. Wetland Solutions. LLC
PO Box 1636. BaI.II. co 81621
'i70.927.464I
v.1IdIWtOooprls".t
Location Map
Stolper Property
Shady Lane Realignment
Figure
1
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Figure 2. Shady Lane realignment.
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ATTACHMENT 17
.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
A1!rccmcnt for P;lvmcnt of Citv or ASDcn DcvcloDmcnt ADDlication Fees
CITY OF ASPEN (hereinanerCITY) and (".... \\ \N;" 1"\ ,~ LL..C
(hereinaner APPLICANT) AGREE AS FOLLOWS:
I.
APPLICANT has submitted to CITY an application for C" _ \ or"""" ~
d '-"""^"'-> N....,~p'" G\c::v,'eW
S hCA.J.~ L...."'-e....,
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.
I,
(hereinafter, THE PROJECT).
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT
make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on
a monthly basis. APPLICANT agrees additional costs may accrue following their hearings andlor
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 Commission andlor City Council to enable the
Planning Commission andlor 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 ds.termination of applica~on completeness, APPLICANT shall pay an initial
deposit in the amount of S I h 10 which is for 14:1 hours of Community Development staff
time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly
billings to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments
shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued
until an costs associated with case processing have been paid.
CITY OF ASPEN
By:
Chris Bendon
Community Development Director
APPLICANT,
By:_~ ~
Date: ) 2./1 J,/ o.r
"
Billing Address and Telephone Number:
Reouired C I I I \ r
'C M'.c~... ~TO pe
(,00 W, \SraJWjfa~~'Te-/').L$"
~~f"\ D: ~D . c...J~
'1"2/0/- 31S"S"
IlETAIN FOl\ ..,-~HT RECORD
g:\supportlformslagrpayas.doc
11130/04
."'"
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ATTACHMENT ----1L
..
CALLWINNIE LLC
MICHAEL STOLPER
600 WEST BROADWAY
SUITE 1225
SAN DIEGO, CA 92101-3355
December 12, 2005
James Lindt
City of Aspen
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: 17 Shady Lane Stream Margin Review
Dear James:
This letter authorizes Davis Horn Incorporated to prepare and
submit a Stream Margin Review land use application for 17 Shady
Lane. Davis Horn Incorporated is authorized to represent my
interests in the land use review process. You may contact Glenn
Horn at 925-6587 if you have any questions. Please send
correspondence to 215 South Monarch Street, Suite 104, Apsen,
Colorado 81611.
I can be reached by phone at 619 231 9102.
Thank you.
Sincerely,
CALLLWINNIE LLC
~~
MICHAEL STOLPER
Parcel Detail
I'
"-
http://www. pitkinassessor .0rg/assessor/parcel.asp?Parce...
/""...
ATTAr.~MI=t\IT --11-
Pitkin County Assessor/Treasurer
Parcel Detail Information
Assessor/Treasurer Property Search I Assessor Subset Query I Assessor Sales
Search
Clerk & Recorder Reception Search
Basic Building Characteristics I Tax Information
Parcel Detail I Value Detail I Sales Detail I Residential/Commercial
Improvement Detail
Land Detail I Photographs
Tax
Area
001
Account
Number
R00442I
Parcel Number
273707300010
Mill
Levy
30.387
Owner Name and Address
----~--~=~=~=.---~-l
iCALL WINNIE LLC
,_..."..."m_._____...____.._'"_..,_..,_.~_'"""
i 1606 CLEMSON CIR
_._._-_..""".~~_..__...__._----,._.~'"._-,-,,--,-
!LA JOLLA, CA 92037
Legal Description
ISECT,TWN;RNG:7-1O-84 DESC: TRACTS--
:OF LAND IN NW4SW4 OF SEC 7-10- 84
{_". ---- ~._'"'_."'__..""."'_,~....__._...________._.,__.___,_,___"'_""._.'_________'..,_'_'__m_'""..__
IBEING DESC AS TRACT NO 1 TRACT NO 2
I
r""'...-----..------....."'''''''''..-.''.-..''"'.-'"''''.'...'..-......---------..-....---. -------..--..-...-- --"""".
1& TRACT NO 3 ALL DESC BY MIB &
, .
TERCERO RR TRACT
lof4
12/22/20053:27 PM
Parcel Detail
".....
http://www. pitkinassessor .org/ assessor/parcel.asp?Parce...
-
,
.
.
Location
Physical Address: 17 SHADY LN ASPEN
Subdivision:
Land Acres: :2.03
Land Sq Ft: 0
Township
10
Range
84
Section
7
Property Tax Valuation Information
Land:
Improvements:
Total:
Actual Value
5,750,000
110,400
5,860,400
Assessed Value
457,700
8,790
466,490
Sale Date: 8/23/2004
Sale Price: 6,500,000
Basic Building Characteristics
Number of Residential 1
Buildings:
Number ofComm/Ind 0
Buildings:
Residential Building Occurrence 1 Characteristics
FIRST FLOOR: 1,652
? flf4
12/22/20053:27 PM
.
."'""
-
,..,
~ ATTACHMENT 20
,
.
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
.
REPRESENTATIVE:
TYPE OF APPLICATION:
DESCRIPTION:
James Lindt, 429-2763 DATE: 8.9.05
17 Shady Lane Stream Margin Review, Residential Design Standard Variance for front
door to be located further than 10 feet back from frontmost fayade.
Glenn Horn
One Step - Planning and Zoning Commission
The Applicant would like to construct a single-family residence on the property located at
17 Shady Lane. The preliminary top of slope of the river was reviewed by the
Engineering Department when this site originally came in for Stream Margin Review
with another design several years ago. Staff would encourage the Applicant to once
again review the location of the top of slope with the City Engineer prior to submitting
an application. The preliminary design shown to Staff would also require a variance from
the residential design standard that requires the front door to be witlrin 10 feet from the
frontmost wall of the structure.
PLANNER:
PROJECT:
land Use Code Section(s)
26.304 Development Review Procedures
26.410 Residential Design Standards
26.435.040 Stream Margin Review
26.520 Accessory Dwelling Units if ADU is included in design application.
26.710.080 R-30 Zone District
Review by:
Staff for completeness, DRC for technical considerations, CD Director for recommendation on
Stream Margin and Residential Design Standard Variance, P&Z for final determination on
Stream Margin Review and Residential Design Standard Variance requests.
Yes, at Planning and Zoning Commission Review.
Engineering, Parks
Planning Deposit Minor ($1,320 for 6 hours)
Engineering, Minor ($190)
$1,510 (additional hours are billed at a rate of$220/hour)
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
To apply, submit the following information:
I. Total deposit for review of the application.
2. Proof of ownership.
3. Completed Land Use Application.
4. Signed fee agreement.
5. Completed dimensional requirements form.
6. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing
the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
8. An 8 1/2" by II" vicinity map locating the parcel within the City of Aspen.
9. Site improvement survey performed by a certified and registered land surveyor, licensed in the state of Colorado
The survey should show the current status of the property include topography and vegetation, and shall include
all easements and vacated rights of way, and the river's top of slope as determined by the surveyor.
. 10.
.
II.
12.
13.
20
I"'"
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--'
-
A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed.
Proposed ilIustrative site plan showing top-of-slope, proposed building envelope.
Site Section drawing showing approximate top of slope and 45 degree line from that point showing compliance
with progressive height limit.
Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the
following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred.
Text format easily convertible to Word is acceptable.
II" x 17"Copies of drawings and complete application package. 2 copies of 24" x 36" of all drawings are
needed.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a legal
or vested right.
I"'"
........
.
.
".,
"--'
ATTACHMENT 21
For Public Notice Purposes
LIST OF PROPERTY OWNERS WITHIN 300 FEET OF THE
SUBJECT PROPERTY
PLATEK PETER
0155 LONE PINE RD #A17
ASPEN, CO 61611
RUBEY WM & RBT BERING KAREN E
RUBEY 1/4
4219 WHITMAN
HOUSTON, TX 77027
SCHULTZ RESIDENCE TRUST
3649 PASEO DEL CAMPO
PALOS VERDES ESTATES, CA 90274
SMITH DIANE
0155 LONE PINE RD #A17
ASPEN, CO 61611
STRAKA VIRGINIA C
0155 LONE PINE RD A-15
ASPEN, CO 61611
WEDUM JOHN R
101 INDEPENDENCE PL
ASPEN, CO 61611
PORTER BARRY GRAHAM
4229 EDMONDSON AVE
DALLAS, TX 75205-2701
SALYERS MICHAEL J
PO BOX 2653
ASPEN, CO 61612
SHERMAN RICHARD
155 LONE PINE RD #B3
ASPEN, CO 61611
ST ANDRE ROINE
PO BOX 2972
ASPEN, CO 61612.2972
URBACH OLLIE
PO BOX 11223
ASPEN, CO 61612
WILLIAMS STEVE
620 INDEPENDENCE PL
ASPEN, CO 61611
RICHMAN MARK
1700 S BA YSHORE LN #6A
COCONUT GROVE, FL 33133
SAUER CHRISTY L
0155 LONE PINE RD #A.1O
ASPEN, CO 61611
SLADDIN MICHAEL DAVID
205 INDEPENDENCE PL
ASPEN, CO 61611
STARODOJ ROBERT F & PAULA A
PO BOX 1121
ASPEN, CO 61612
WABISZEWSKI KATHRYN
PO BOX 943
ASPEN, CO 61612
WILLOUGHBY PONDS TRUST
110 NWACKER DR STE 330
CHICAGO, IL 60606
Impression antlbourrage at a sechage rapide
UtIllsez Ie gabarit 51fiOGD .""
!,OLDSTEIN DEBRA
;55 LONE PINE RD APT A18
:o.sPEN, CO 81611.3281
.
GUlL TINAN JOHN F JR & HELEN C
TRUSTEES
12 RUE DEAUVILLE
NEWPORT BEACH, CA 92660
HANLE GREGORY L & CYNDY REID
0155 LONE PINE RD #A19
ASPEN, CO 81611
HIPP CHRISTINE A
621 INDEPENDENCE PL
ASPEN, CO 81611
IRELAND MICHAEL C
515 INDEPENDENCE PLACE
ASPEN, CO 81611
KIRSHEN VITASHKA
0155 LONE PINE RD A.5
ASPEN, CO 81611
LONE PINE UNIT 10 LLC
C/O SHAMIE SAM MGR
26111 W 14 MILE RD #LL4
FRANKLIN, MI 48025
MARZIALE ANTONIO
C/O HEPTAGON CAPITAL MGMT
1300 POST OAK BLVD
HOUSTON, TX 77056
ODEN ENTERPRISES
ODEN NANCY C/O
PO BOX 660
ASPEN, CO 81612
PEGOLOTTI DELLA J
VICKERY JACK H
PO BOX 2656
ASPEN, CO 81612
-"""
-
www.avery.com
1..lJOO.Go-AV'"'~
-
GOSHORN MARCIA L
516 INDEPENDENCE PL
ASPEN, CO 81611
HAGGERTY BEATRICE M
308 INDEPENDENCE CT
ASPEN, CO 81611
HAVLEN NAOMI
0155 LONE PINE RD #A12
ASPEN,CO 81611
HOLMSTEDT MONIKA
POBOX 1141
ASPEN, CO 81612
JME LEVINS LLC
5433 RIDGEWAY AVE
WHITE BEAR LAKE, MN 55110
KUBASIEWICZ E MICHAEL
PO BOX 10416
ASPEN, CO 81612
L YETH MARIAN N/SW GUARANTY
TRUSTEES 3/4
ENCORE TRUST
9 GREENWAY PLAZA
HOUSTON, TX 77046
MCCLINTON MICHELE
618 INDEPENDENCE PL
ASPEN, CO 81611
ONEILL MARIE D
2302 ST CHARLES AVE #3A
NEW ORLEANS, LA 70130
PHILLIPS DAVID C & ALEXANDRA M
PO BOX 11449
ASPEN, CO 81612
.u=tAw.nn.nnO.1
~ AVER'I@ 5160e
GUFFEY JAMES R
PO BOX 2158
ASPEN, CO 81612
HALL JO-ANN
103 INDEPENDENCE PL
ASPEN, CO 81611
HINES GERALD D
C/O DUGDALE MARIAN
2800 POST OAK BLVD
HOUSTON, TX 77065-6100
INGRAM PAULINE E
0155 LONE PINE RD A-3
ASPEN, CO 81611
KIRCH MARK A
4121NDEPENDENCE PL
ASPEN, CO 81611
LASSER JASON M
155 LONE PINE RD #A1
ASPEN, CO 81611-1537
MACDONALD SHIRLEY M & PAUL V
0155 LONE PINE RD A-2
ASPEN, CO 81611
MCKECHNIE JANETTE A
PO BOX 921
ASPEN, CO 81612
PARKS CAROL
200 NEWBURY ST
BOSTON, MA 02116
PITKIN COUNTY
530 E MAIN ST STE 302
ASPEN,CO 81611
_nalr:. :In.n.JIAI::I1 _1.1:tAw::acn
Impression antlbourrage et a sechage rapide
UtIIIsez Ie gabarit 51&08 .,
ADRIANCE FRANKLIN III P
111155 LONE PINE RD #B7
,ASPEN, CO 81611
,
ASPEN CONSOLIDATED SANITATION
565 N MILL ST
ASPEN, CO 81611
BELL ANTHONY R
PO BOX 449
ASPEN, CO 81612
BIELINSKI BRIDDGET
620 INDEPENDENCE PL
ASPEN, CO 81611
BRADY SUSAN L
155 LONE PINE RD APT A7
ASPEN, CO 81611-1587
BUESCH THOMAS A
206 INDEPENDENCE PL
ASPEN, CO 81611
DALY GLENN A
DALY CAROL CENTER
0155 LONE PINE RD C-ll RIVER BLUFF
TH
ASPEN, CO 81611
ELLIOT BLAIR S
0155 LONE PINE RD A-ll
ASPEN, CO 81611
FRANKLIN DAVID MICHAEL & MICHELLE
207 INDEPENDENCE PL
ASPEN, CO 81611
GINSBERG JEROME 0
C/O LANSCO CORP
575 LEXINGTON AVE STE 1600
NEW YORK, NY 10022
~
-
www.avery.com
1-80G-GD-AVr"Y
-
ALLEN KIMBERLEY A & PADRAIG E
619 INDEPENDENCE PLACE
ASPEN, CO 81611
BALDWIN JOHN F JR
PO BOX 2972
ASPEN, CO 81612-2972
BERG JESSICA J
JAY MATTHEW J
PO BOX 12333
ASPEN, CO 81612
BONDS MICHAEL STEPHEN & ELAINE
JOHNSON
310 INDEPENDENCE PL
ASPEN, CO 81611
BRANDS MICHAEL
0155 LONE PINE RD #A12
ASPEN, CO 81611
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
DECAMPO RICHARD L & SUSAN K
309 INDEPENDENCE PL
ASPEN, CO 81611
ETHERIDGE MARY KATHERINE
PO BOX 1462
ASPEN, CO 81612
FRIEDBERG MARC S 50% INT
PO BOX 8747
ASPEN, CO 81612
GINSBURG FRANCES
306 W 7TH ST STE 506
FORT WORTH, TX 76102
l\12^,i-nt\-nnR-t
~ AVEffYtI!J 5160e
ASPEN CENTER FOR ENVIRONMENTAL
STUDIES
100 PUPPY SMITH ST
ASPEN, CO 81611
BEKLlK ROYA
PO BOX 7640
ASPEN, CO 81612
BIELFIELD LAURENCE H
311 INDEPENDENCE PL
ASPEN, CO 81611
BOUGHTON WILLIAM REID
BOUGHTON JACQUELINE LEE
102 INDEPENDENCE PL
ASPEN, CO 81611
BRUNSWOLD KIRK W
LANE TAMMIE A
413 INDEPENDENCE PL
ASPEN, CO 81611
COULOMBE RICHARD
0155 LONE PINE RD UNIT B-8
ASPEN, CO 81611
DETURRIS MONICA
PO BOX 944
ASPEN, CO 81612
FARSON ELIZABETH L
PO BOX 10602
ASPEN, CO 81612
GARZOLl DIANNE L
104 INDEPENDENCE PL
ASPEN, CO 81611
GODWIN GAYLE A
PO BOX 10776
ASPEN, CO 81612
~nQLC ~ IVldlN~ I ....{Ja^~ asn
/' "
-~" '""
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 1--' S h",-..l'd
SCHEDULED PUBLIC HEARING DATE:
)......&(. '"' e.....
3/, lob
, Aspen, CO
,200~
STATE OF COLORADO )
) ".
County of Pitkin )
I, Gle.n ("\ \-\'0((') (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 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 ~ day of
""f=e-brlLC-'.(X-, 200Ya..-, to and including the date and time of the public
hearing. A ph'mograph of the posted notIce (sIgn) IS attached hereto.
./"" Mailing of notice. By the mailing of a notice obtained from the Conununity
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 all owners of 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)
. . f.. ..' .,~ '._'. \0,.', .'_ .,_ .. ....._~k'.'....~
r,
......"".
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 shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
p,i" '" "'" p,bli, b""., ,. ""b<:'l1j'"'"
~~ -/
Signature
Th~~Oing '~fidavit of Notice" was acknowledged before me this ~ay
of (}./vC , 200~ by G-l e t'\ 1\ ~ r- (\
WITNESS MY HAND AND OFFICIAL SEAL
otary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
,...""
PUBLIC NOTICE
RE: 17 SHADY LANE STREAM MARGIN REVIEW, SPECIAL REVIEW TO
DETERMINE RIVER'S TOP OF SLOPE, AND RESIDENTIAL DESIGN
ST ANDARD VARIANCES
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 7,
2006, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning
Commission, in the Sister Cities Room, City Hall, 130 S. Galena St., Aspen, CO, to
review an application submitted by Michael Stolper and Call winnie LLC, requesting
approval of stream margin review, special review to determine the river's top of slope,
and residential design standard variances to construct a new single-family residence at 17
Shady Lane. The Applicants are requesting variances from the following residential
design standards: Building Orientation, Fences, Garage Width, and Windows. The
subject property is a metes and bounds parcel that is commonly known as 17 Shady Lane;
Parcel ID #2737-073-00-010. For further information, contact James Lindt at the City of
Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 429-
2763, (or by email atjamesl@ci.aspen.co.us). All written correspondence related to the
application should be sent to the above e-mail or physical address.
Applicant: Michael Stolper and Callwinnie LLC c/o Davis Horn Inc, 215 S. Monarch
Street, Suite 104, Aspen, CO 81611
s/Jasmine TVl!re
Aspen Planning and Zoning Commission
'frt~
l(b~'\~
,
'2./If'/C){"
L-! lV{ ~
.-
--",",
ATTACHMENT 21
For Public Notice Purposes
LIST OF PROPERTY OWNERS WITHIN 300 FEET OF THE
SUBJECT PROPERTY
Impressipn antibourrage et a sechage rapi~p",
UtIllsez Ie gabarit 51~
-
-
www.avery.com
1-80O-GO-AVERY r""
\i\ AVERY@ 51600ll
GOLDSTEIN DEBRA
155 LONE PINE RD APT A18
ASPEN, CO 81611-3281
GOSHORN MARCIA L
516 INDEPENDENCE PL
ASPEN, CO 81611
GUFFEY JAMES R
PO BOX 2158
ASPEN, CO 81612
GUlL TINAN JOHN F JR & HELEN C
TRUSTEES
12 RUE DEAUVILLE
NEWPORT BEACH. CA 92660
HAGGERTY BEATRICE M
308 INDEPENDENCE CT
ASPEN. CO 81611
HALL JO-ANN
103 INDEPENDENCE PL
ASPEN, CO 81611
HANLE GREGORY L & CYNDY REID
0155 LONE PINE RD #A19
ASPEN, CO 81611
HAVLEN NAOMI
0155 LONE PINE RD #A12
ASPEN. CO 81611
HINES GERALD D
C/O DUGDALE MARIAN
2800 POST OAK BLVD
HOUSTON. TX 77065-6100
HIPP CHRISTINE A
621 INDEPENDENCE PL
ASPEN, CO 81611
HOLMSTEDT MONIKA
PO BOX 1141
ASPEN, CO 81612
INGRAM PAULINE E
0155 LONE PINE RD A-3
ASPEN, CO 81611
IRELAND MICHAEL C
515 INDEPENDENCE PLACE
ASPEN, CO 81611
JME LEVINS LLC
5433 RIDGEWAY AVE
WHITE BEAR LAKE, MN 55110
KIRCH MARK A
412 INDEPENDENCE PL
ASPEN, CO 81611
KIRSHEN VITASHKA
0155 LONE PINE RD A.5
ASPEN, CO 81611
KUBASIEWICZ E MICHAEL
PO BOX 10416
ASPEN, CO 81612
LASSER JASON M
155 LONE PINE RD #A1
ASPEN, CO 81611-1537
LONE PINE UNIT 10 LLC
C/O SHAM IE SAM MGR
26111 W 14 MILE RD #LL4
FRANKLIN, MI 48025
L YETH MARIAN N/SW GUARANTY
TRUSTEES 3/4
ENCORE TRUST
9 GREENWAY PLAZA
HOUSTON, TX 77046
MACDONALD SHIRLEY M & PAUL V
0155 LONE PINE RD A-2
ASPEN, CO 81611
MARZIALE ANTONIO
C/O HEPTAGON CAPITAL MGMT
1300 POST OAK BLVD
HOUSTON, TX 77056
MCCLINTON MICHELE
618 INDEPENDENCE PL
ASPEN, CO 81611
MCKECHNIE JANETTE A
PO BOX 921
ASPEN, CO 81612
ODEN ENTERPRISES
ODEN NANCY C/O
PO BOX 660
ASPEN, CO 81612
ONEILL MARIE D
2302 ST CHARLES AVE #3A
NEW ORLEANS, LA 70130
PARKS CAROL
200 NEWBURY ST
BOSTON, MA 02116
PEGOLOTTI DELLA J
VICKERY JACK H
PO BOX 2656
ASPEN, CO 81612
PHILLIPS DAVID C & ALEXANDRA M
PO BOX 11449
ASPEN, CO 81612
PITKIN COUNTY
530 E MAIN ST STE 302
ASPEN,CO 81611
_na.c = &~.w \ii\
AU3^"-o9-00B-~
______1'________.__
-
@09~5 3.L'lfldINll ~a^" "sn
e.._..... __.. _1:.__..._ _0._ ...__
Impression antibourrage et a sechage rapide_
utIllsez Ie gabarit 516C)Gll
ADRIANCE FRANKLIN III P
0155 LONE PINE RD #B7
ASPEN. CO 81611
ASPEN CONSOLIDATED SANITATION
565 N MILL ST
ASPEN, CO 81611
BELL ANTHONY R
PO BOX 449
ASPEN, CO 81612
BIELINSKI BRIDDGET
620 INDEPENDENCE PL
ASPEN, CO 81611
BRADY SUSAN L
155 LONE PINE RD APT A7
ASPEN, CO 81611-1587
BUESCH THOMAS A
206 INDEPENDENCE PL
ASPEN, CO 81611
DALY GLENN A
DALY CAROL CENTER
0155 LONE PINE RD C-11 RIVER BLUFF
TH
ASPEN, CO 81611
ELLIOT BLAIR S
0155 LONE PINE RD A-11
ASPEN, CO 81611
FRANKLIN DAVID MICHAEL & MICHELLE
207 INDEPENDENCE PL
ASPEN, CO 81611
GINSBERG JEROME 0
C/O LANSCO CORP
575 LEXINGTON AVE STE 1600
NEW YORK, NY 10022
_ . ..__.... tiiii\
-
-
www.avery.com
1~().60-AVERY .......
\i\ AVERYIJ1J 5100e
ALLEN KIMBERLEY A & PADRAIG E
619 INDEPENDENCE PLACE
ASPEN, CO 81611
BALDWIN JOHN F JR
PO BOX 2972
ASPEN. CO 81612-2972
BERG JESSICA J
JAY MATTHEW J
PO BOX 12333
ASPEN, CO 81612
BONDS MICHAEL STEPHEN & ELAINE
JOHNSON
310 INDEPENDENCE PL
ASPEN, CO 81611
BRANDS MICHAEL
0155 LONE PINE RD #A12
ASPEN,CO 81611
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
DECAMPO RICHARD L & SUSAN K
309 INDEPENDENCE PL
ASPEN, CO 81611
ETHERIDGE MARY KATHERINE
PO BOX 1462
ASPEN, CO 81612
FRIEDBERG MARC S 50% INT
PO BOX 8747
ASPEN, CO 81612
GINSBURG FRANCES
306 W 7TH ST STE 506
FORT WORTH, TX 76102
^1I3^V-09-008-~
-
ASPEN CENTER FOR ENVIRONMENTAL
STUDIES
100 PUPPY SMITH ST
ASPEN, CO 81611
BEKLlK ROYA
PO BOX 7640
ASPEN, CO 81612
BIELFIELD LAURENCE H
311 INDEPENDENCE PL
ASPEN, CO 81611
BOUGHTON WILLIAM REID
BOUGHTON JACQUELINE LEE
102 INDEPENDENCE PL
ASPEN, CO 81611
BRUNSWOLD KIRK W
LANE TAMMIE A
413 INDEPENDENCE PL
ASPEN,CO 81611
COULOMBE RICHARD
0155 LONE PINE RD UNIT B-8
ASPEN, CO 81611
DETURRIS MONICA
PO BOX 944
ASPEN, CO 81612
FARSON ELIZABETH L
PO BOX 10602
ASPEN, CO 81612
GARZOLl DIANNE L
104 INDEPENDENCE PL
ASPEN, CO 81611
GODWIN GAYLE A
PO BOX 10776
ASPEN, CO 81612
@09~5 31'dldlN31 q/oJa^'J asn
t:;;.II"II..... 0:::..-': ::.I;nnllll." "110 IHPr
pLATEK PET.ER
0155 LONE PINE RD"#A17
ASPEN, CO 81611
RUBEY WM & RBT BERING KAREN E
RUBEY 1/4
4219 WHITMAN
HOUSTON, TX 77027
SCHULTZ RESIDENCE TRUST
3849 PASEO DEL CAMPO
PALOS VERDES ESTATES, CA 90274
SMITH DIANE
0155 LONE PINE RD #A17
ASPEN, CO 81611
STRAKA VIRGINIA C
0155 LONE PINE RD A-15
ASPEN, CO 81611
WEDUM JOHN R
101 INDEPENDENCE PL
ASPEN, CO 81611
Ql)09~S @ANDI\Y ~
;"""ORTER BARRY GRAHAM
.;229 EDMONDSON AVE
DALLAS, TX 75205-2701
SALYERS MICHAEL J
PO BOX 2853
ASPEN, CO 81612
SHERMAN RICHARD
155 LONE PINE RD #B3
ASPEN, CO 81611
ST ANDRE ROINE
PO BOX 2972
ASPEN, CO 81612-2972
URBACH OLLIE
PO BOX 11223
ASPEN, CO 81612
WILLIAMS STEVE
620 INDEPENDENCE PL
ASPEN, CO 81611
AII:I^"-09-008-~
WOJ",uiMll"MMM
-
/"'<oRICHMAN MARK
. 1700 S BAYSHORE LN #6A
""'COCONUT GROVE, FL 33133
SAUER CHRISTY L
0155 LONE PINE RD #A-10
ASPEN,CO 81611
SLADDIN MICHAEL DAVID
205 INDEPENDENCE PL
ASPEN, CO 81611
STARODOJ ROBERT F & PAULA A
PO BOX 1121
ASPEN, CO 81612
WABISZEWSKI KATHRYN
PO BOX 943
ASPEN, CO 81612
WILLOUGHBY PONDS TRUST
110 N WACKER DR STE 330
CHICAGO, IL 60606
Ql)09tS 3l."'dW31.~a^" asn
6U!lU!Jd aa.I~ a6pnws pUll Wl!r
1_. -+'l
l ~~~
~
~
.
..
"
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
171 5~~tr1W~
SCHEDULED PUBLIC HEARING DATE: 3/ ' .
, Aspen, CO
,200_
STATE OF COLORADO )
) ss.
County of Pitkin )
I, ~j 0-( IA/\ I(:J <:, ~ ~J) (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:
-4 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 not ice: By posting of notice, which form was obtained froIIl<the
Community Development Department, which was made of suitable, \
waterproof materials, which was not less than twenty-two (22) inches '(ide
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 _ 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 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 all owners of property within three hundred (300) feet ofthe
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)
7
\
~
~
r-
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 shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
jii!11-<-{ a^ ~~ d.J
S nature
""'-
The foregoing "Affidavit of Notice" was acknC/wledged before me this 27 day
of ~~ . , 200 ~ by 'JtlWltS ul1tt+
PUBUC NOTICE W
srHEAM MARGIN REVlE ,
RE: 17 sHADY 1DETERMlNE RIVER'S TOP
SPE.CIAL REVIEW T ENTIAL DESIGN STANDARD
OF sLOPE, AND
vARiANCES GIVEN that a publiC
NOTICE IS E.BY d March 7, 2006,
b hid on Tues ay
hearlngwlll e e 30 m bt'loretheAs-
at a meetmg to begin at 4, PmlSSlon In the 515-
dZomng om
pen f'lanlungan \\ 130 S Galena SI As-
ter CIties Room, Clty Ha I allOll submitted by
Pen CO to revIew an apple LLC requestlng
nd CallwmmC
MIchael Stolper a mar U1 revIew speCIal revIew
approvalo! stream g I slope andreslden-
to determme the nver 5 top 0 to construct a new
tlal desIgn standard van~lc;:hadY Lane The Ap-
slngle-lamllyresldencea eslromthelollow
estmgvanaIlC
phcantsare requ d ds Buddmg Orlell-
109 resldentlal deSign s':~t: and Wmdows The
tatlon Fences Garage I d bounds parcel
rtyls a metes an \
sub]eet prope 17 Shady Lane Parce
thaI IS commonly known as
lD#2737-07J-()l}O]0. tact James Lindt at
For further Infonna~IO~'m~:~ty Development De- PH OF THE POSTEn NOTICE (SIGN)
the City 01 Aspen 0 S Aspen CO (970)42!t-
partment, 130 S. Gale~a t"l@cias~en.co.us). All
2763, (or by email :t~:::lated to the applic~~ 0 GOVERN:MENTAL AGENCIES NOTICED
written correspon e h above e-mail or phySI
tion should be sent to t e BY AfAIL
cal address. . I SI lper and Callwlnn1e LLC
Applicant Michae 0 h Street SUltc
215S.Monar<:: '
I Davis Hom Inc,
co 11
104, Aspen, CO 816 slJasmineTygrc
d Zoning CommiSSIOn
lannlng~n W kly on Febru-
Aspen Times ee
WITNESS MY HAND AND OFFICIALC:AL
M " . 01 vb{t40<j'
;r;:;::;s~n expIres: - ~ .
otary Public
ATTACHMENTS: ~-
My Commission Expires 09125'2009
COPY OF THE PUBLICATION
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AGENDA
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
Tuesday, March 7, 2006
4:30 p.m.
Sister Cities Room, City Hall
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES
III. DECLARATION OF CONFLICT OF INTEREST
IV. PUBLIC HEARINGS:
A. Hannah Dustin Mixed Use Development-Joyce Allgaier
(Continue to 4/4)
B. Growth Management Allotment for 2006-Action on
Resolution-Chris Bendon (Continued from 2/28)
C. 17 Shady Lane Stream Margin Review-James Lindt
D. 719 East Hopkins Multi-Family-Chris Bendon
V. BOARD REPORTS
VI. ADJOURN
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PUBLIC NOTICE
RE: 17 SHADY LANE STREAM MARGIN REVIEW, SPECIAL REVIEW TO
DETERMINE RIVER'S TOP OF SLOPE, AND RESIDENTIAL DESIGN
STANDARD VARIANCES
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 7,
2006, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning
Commission, in the Sister Cities Room, City Hall, 130 S. Galena St., Aspen, CO, to
review an application submitted by Michael Stolper and Callwinnie LLC, requesting
approval of stream margin review, special review to determine the river's top of slope,
and residential design standard variances to construct a new single-family residence at 17
Shady Lane. The Applicants are requesting variances from the following residential
design standards: Building Orientation, Fences, Garage Width, and Windows. The
subject property is a metes and bounds parcel that is commonly known as 17 Shady Lane;
Parcel ID #2737-073-00-010. For further information, contact James Lindt at the City of
Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 429-
2763, (or by email atjamesl@ci.aspen.co.us). All written correspondence related to the
application should be sent to the above e-mail or physical address.
Applicant: Michael Stolper and Call winnie LLC c/o Davis Horn Inc, 215 S. Monarch
Street, Suite 104, Aspen, CO 81611
s/Jasmine TVl!re
Aspen Planning and Zoning Commission
MEMORANDUM
TO:
Plans were routed to those departments checked-off below:
X......... Community Development Engineer
X ........... City Engineer
X ........... Zoning Officer
o ........... Housing
X ........... Parks Department
X ........... Aspen Fire Marshal
X ........... City Water
X ........... Aspen Consolidated Sanitation District
X ........... Building Department
o ........... Environmental Health
0........... Electric Department
o ........... Holy Cross Electric
0........... City Attorney
X ........... Streets Department
o ........... Historic Preservation Officer
o ........... Pitkin County Planning
TO:
DRC Representatives
FROM:
James Lindt, Senior Plarmer
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone-429-2763 Fax-920.5439.
RE:
17 Shady Lane Stream Margin Review and Residential Design Standard
Variances
Parcel ID #2737-073-00-010
REFERRAL DATE: 1/12/06
COMMENTS:
Please find attached an application for the construction of a single-
family residence at 17 Shady Lane. A DRC Meeting will be held
on January 18th at 1:30 PM in Council Chambers to review this
application. Please review the application and return comments to
Alex Evonitz (alexe(cll,ci.aspen.co.us) by January 27th.
Thanks,
James
DRC Meeting: 1/18/06
Comments Due: 1/27/06
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ATTACHMENT2-LANDUSEAPPUCATION
Al'PUCANr:
Name:
Location:
CO\. \ W; n n ; e L LL
-, Sh.~J. l-~",,,- I\e-r-"-~ -r-{},,,,,-^..vi.\ ......-710.1 0,:' ou 010
(Indicate street addres t & block number,legal description where appropria!e)
ParcellD # (REQUIRED)
REl'REsENTATIVE:
Name:
Address;
Phone #:
D<>-Vl. j, \-l",rA :t:-",,- -
"L. \ 5' ,:>. \i"-Lono rc... In
CI,O C1,'Z-s-:. &>'5" ~I
G-l-c. n" H.~(")
S,-,- \ r-e... 101-1
PROJECI':
Name: \ -, S h.....al~ L<-<. V\ e...
Address: S e..."C- 0.. 1::>,-" e.
Phone #: <:"-<.. <- CA."=> ,u e
TYPE Of APPLICATION: (please check all that apply):
~
<; 'r........""....,
l^-t,...u~;,.... (leLJ'o?~
0 Conditional Use 0 Concepllla1 POD 0 Conceptual Historic Devt.
0 Special Review 0 Final POD (& POD Amendment) 0 Final Historic Development
0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt.
0 GMQS Allotment 0 FiIlal SPA (&: SPA Amendment) 0 Historic D=nolition
0 GMQS Exemption 0 Subdivision 0 Historic Designation
G;Y" ESA - 8040 Greeoline, Stream. 0 Subdivision Exemption (includes 0 Small Lodge Convc:mool
Margin, Hallam Lake Bluff, conclomiIVllm;7>I!iou) Expansion
Mountain View Plane
0 Lot Split 0 Temp<mlr)' Use 0 Other:
0 Lot Line Adjustment n TextlMap Amendment
Exls11NG CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
I V~~
One....
osed buildings, llses, modifications, etc,)
J'-'-"dl"",~ I ^ ("\. '-,
~ you attacbed the foRowiDg?
I!:l Pre-Application Conf=ee SWIlIIlal)'
r;r-Kttacbment #1, Signed Fee A.sreement
o ~ to Attachment #3, Dimensional Requirements Fmm RETAIf FOR PERlU.HEHT "fCORD
[;}1l.esponse to Attachment #4, Submittal Requirements- Includina Written Responses to Review Standar&
All plabS that are larger than 8.5" J: 11" must be folded and a rIoppy disk with an electronic copy or all written
text (Microsoft Word Fonnat) mUlt be submitted as part oftke appUcatlOll.
F'EEsDuE: S I ~Iu, 00
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