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Home My WebLink Aboutpitkin.planning.290920300008 (2008)Davis Horn~- PLANNING & REAL ESTATE CONSULTING Apri17, 2008 Suzanne Wolff AICP Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: American Lake LLC - 10081 Castle Creek Road; Activity Envelope and Minor Amendment to a Development Permit; Parcel ID # 2909 203 00 008 Dear Suzanne: American Lake LLC (applicant) is the owner of a property with a single family residence located at 10081 Castle Creek Road (PID # 2909-203-00-008). The applicant is represented by Davis Horn Incorporated in this land use application. Please refer to Attachment 1, a Vicinity Map, which depicts the location of the subject property. The subject site contains 1.501 acres and has a lengthy metes and bounds legal description found in the title insurance document in Attachment 2. The application is divided in the following sections: 1. Background; 2. Existing Conditions; 3. Project Description; 4. Land Use Approvals; and 5. Summary. BACKGROUND The property is improved with a single family dwelling built in 1976. The property obtained approval for a Minor 1041 Hazard Review in 1995. The approval document, a staff level heazing officer approval, is found in Attachment 3 and the approved, recorded 1041 Site Plan recorded at Deed Book 38, Page 95 is in Attachment 4. At the time of approval in 1995, a staff member operating as the hearing officer granted minor land use approvals. Francis Krizmanich's signature on the memorandum indicates approval of the Minor 1041 Hazard Review. There was a question on the ownership of the property in 1981, and Boazd of County Commission Resolution No. 81-91 granting Subdivision Exemption approval was to ALICE DAVIS AICP f GLENN HORN AICP 215 SOUTH MONARCH SL • SUITE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX: 970/925-5180 ~~ ~ ~ adavis@rotnet ghorn@roi.net ooooni clazify any ownership issues. These approval documents, the Resolution of approval and a Subdivision Exemption map, aze found in Attachments 5 and 6. The subject site was formerly known as the McEuen property and the existing residence has been called the McEuen cabin. The most recent owner, prior to American Lake LLC was Bill Solomon. The site is part of the Koch Family ownership and is adjacent to the Crystal LLC property to the north, the Elk Mountain Lodge LLC property to the east across Castle Creek Road and the Ashcroft LLC property to the northeast across Castle Creek Road, all part of the Koch Family ownership. Adjacent to the west is United States Forest Service (USFS) access to American Lake including the American Lake trail head and pazking lot. EXISTING CONDITIONS The subject site is located approximately 10 miles up Castle Creek Road from the round about on Highway 82 at the entrance to Aspen. The property is on the west side of the Castle Creek Valley and contains approximately 1.5 acres +/-, a nonconforming sized lot in the AR-10 zone district. Attachment 7 depicts the Existing Conditions on the property and Attachment 8 depicts the Existing Conditions with a Slope Analysis. Attachment 9 is the proposed Activity Envelope Site Plan. The property slopes gradually downwazd to the southeast. As shown on the slope analysis in Attachment 8, slopes aze 0 to15% on the southern half of the site and 15 to 30% slopes are found on the northeast and northwest corners of the triangulaz shaped pazcel. Along Castle Creek Road, there are man made slopes resulting from the construction of Castle Creek Road. An irrigation ditch and an alluvial fan is located on the northeast, above the existing residence. These were avoided in the development of the residence and in the creation of the building envelope approved in 1995. The dominant vegetation on the property is mountain grasses. There are a few clusters of aspen trees on the northwest near the residence and to the east near the road. PROJECT DESCRIPTION The applicant acquired the property in 2007. The applicant is seeking approval to install a fiber optic line on the property. No expansion of or development to the existing home is proposed. As part of the approval process for this fiber optic line, the applicant wishes to establish an activity envelope in order to reinstate the existing gland use approvals for the site and to gain approval for a water line for a water source for a water spigot for bicyclists along Castle Creek Road. The applicant is therefore seeking approval for an activity envelope to: • Bury a fiber optic line which will link the subject site with the three contiguous parcels also owned by the Koch family; 2 00~0~~ • Bury a water line to provide a proposed water source (a spigot) for bicyclists along the adjacent Castle Creek Road; • Allow the revegetation of azeas disturbed by the installation of the fiber optic and water lines an to allow for future landscaping on the site; • Reinstate the land use approvals by defining an Activity Envelope which will encompass the existing structure. Attachment 9 depicts the proposed Activity Envelope Site Plan. The location of the fiber optic line is shown as is the approximate location of the water source for bikers. The line for the water source will run to the water station, but the depth of snow prohibits defining the exact location at this time. LAND USE APPROVALS This section of the land use application demonstrates compliance with the standazds identified in the Pitkin County Pre-Application Conference Summazy Sheet (see 10). • Activity Envelope Criteria for Approval (Section 2-30-20 g); • Activity Envelope (Section 7-10-50) • Minor Amendment to a Development Permit (2-20-150. b.) • Site Prepazation and Grading (Section'7-20-10); • Steep and Potentially Unstable Slopes (Section 7-20-20); • Water Courses and Drainage (Section 7-20-30); • Geologic Hazazds -Alluvial Fan & Avalanche Areas (Section 7-20-50 a & c); • Wildfire Hazazd (Section 7-20-60); • Wildlife Habitat (Section 7-20-70); • River and Stream Corridors and Wetlands (Section 7-20-80); Activity Envelope Criteria for Approval: Section 2-30-20 g Activity Envelope: Section 7-10-50 Refer to Attachments 7, 8 and 9 which have been prepared in compliance with these sections of the Land Use Code. These Code sections have been met. 3 00003 Minor Amendment to a Development Permit: Section 2-20-150 This section demonstrates compliance with the standards for a Minor Amendment to a Development Permit. The standards are given in bold with the applicant's response following. (1) Consistent with action(s) taken during previous development approvals for the property; and The proposed amendment is minor and is consistent with the prior approvals. The amendment simply creates an activity envelope according to the Code to refresh the approvals and to encompass land area for the proposed fiber optic line, a water line, revegetation and future landscaping. No construction is proposed. (2) Does not change the use of the proposed development between residential, commercial and tourist accommodation uses; There are no changes proposed between these land use categories. (3) Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; and The proposal does not change the character or visual appearance of the property. (4) Does not constitute a new land development activity; and The primary land use activity approved for the site will not change as a result of the amendment application. (5) Does not increase off-site impacts in the surrounding neighborhood; and The proposed amendment will have no negative impact on the surrounding neighborhood. (6) Does not endanger the public health, safety or welfare; and The proposed amendment will not affect the public health safety and welfaze. (7) Does not violate any Land Use Code standard; and The proposed amendment does not violate any Land Use Code standard. (S) Does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and There will not be any increase in on-site parking resulting from the proposed amendment. The demand for affordable housing will not be increased. (9) Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent. Floor area and open space will not be impacted. The proposed Minor Amendment to an approved Development Permit will be consistent with the prior land use approvals; is not changing land use categories; will not change the basic character or appearance of the approved uses; does not constitute a new development activity; does not increase off-site impacts resulting from development; does not endanger the public health, safety and welfare; does not violate any Land Use ODOODtt 4 Code standazd; does not affect on-site parking or utilities, or affect affordable housing generation; and floor azea and open space aze not affected by the proposed amendment. Steep and Potentially Unstable Slopes Section 7-20-20 This section of the application demonstrates compliance with Section 7-20-20 of the Code. Slope Delineation Slopes shall be delineated within the Activity Envelope with two (2) foot contour intervals. Slopes between each two (2) foot contour in each of the following categories shall be designated by a distinct graphic pattern. (1) Slopes that are fifteen (75) percent or greater, but less than thirty (30) percent; (2) Slopes that are thirty (30) percent or greater, but less than forty-five (45) percent; (3) Slopes that are forty-five (45) percent or greater. Attachment 8, American Lake LLC, Existing Conditions with Slope Analysis delineates the slopes on the site. Most of the site is either 0 to 15 % in grade or 15 to 30% in grade with a few steeper anomalies and man made areas created during Castle Creek Road construction. The proposed fiber optic line, water line, water spigot and any future landscaping will avoid slopes in excess of 30 percent. The Code states specific criteria for lands over 45% in grade, 30% to 45% in grade, and between 0 and 15% in grade. The specific details of the Code standards have not been repeated here, but the applicant will comply with all the applicable standards. Site Preparation and Grading: Section 7-20-10 This section of the land use application demonstrates compliance with Section 7-20-10 of the Code. The installation of a fiber optic line, a water line, re-vegetation after installation and future landscaping aze the proposed improvements at this time. No additions to the residence aze proposed. Standards appear in bold followed by the applicant's responses. 7-10-20: 7-10-30: SITE PREPARATION AND GRADING (a) Grading and Fill Placement Grading and filling on a site shall take place only within a defined Activity Envelope. All grading and fill placement that exceeds fifty (50) cubic yards shall be indicated on the Site Plan. The applicant will comply with this standazd. 000005 (b) Clearing, Grubbing, and Vegetation Removal Clearing or grubbing of land, or removal of vegetation shall take place only within an approved Activity Envelope, except removal of noxious weeds may occur outside of an Activity Envelope. Each Site Plan shall document compliance with the requirements of this Sec. 7-20-10(b) and Sec. 7-20-130. Grubbing will not take place on the site. Vegetation disturbance will be limited to within the activity envelope. (c) Tree Removal and Mitigation Each tree with six (6) inches or larger diameter at breast height (D.B.H.) that is removed within the Activity Envelope shall be replaced with ane (1) or more trees with total D.B.H. at least equal to the caliper(s) of the tree(s) removed, to the maximum extent practicable. Any tree that (i) is diseased, or (ii) is required to be removed pursuant to the provisions of Sec. 7-20-60, as those requirements may be varied by a wildfire expert approved by the County, may be removed and no replacement shall be required. All revegetation shall also comply with the Pitkin County Revegetation Guidelines. Required replacement trees that do not survive for at least one (1) year after installation shall be replaced at the owner's expense, and the County may require financial security for such replacement pursuant to Sec. 7-20-130(b)(7). The applicant shall comply with this standazd. (d) Protection of Natural Terrain The County Engineer or Community Development Director shall suggest and may require design and construction techniques that lessen or mitigate any physical and visual damage caused by the proposed activity or development to Constrained Areas or to the natural terrain, stream vegetation, and other natural features of the landscape within the Activity Envelope. Techniques shall include, but are not limited to: (1) REVEGETATION Revegetation and reforestation utilizing native or similar horticultural material, to be completed during the first planting season after construction; where vegetation is removed, it shall be replaced with vegetation that will reach similar density and height to that removed within two (2) years following conclusion of construction. (2) TOPSOIL Removing and saving topsoil prior to any grading or excavating and replacement for revegetation. (3) WEED PREVENTION Weed prevention, thistle management, and prohibition of non-native plants, which may include reducing animal damage to vegetation cover, as determined by the United States Soil Conservation Service Soil Survey. (4) UTILl7'Y/NSTALLATION Locating and installing utilities in a manner minimizing damage to the natural environment and scenic quality. (5) EROSION, SEDIMENTATION, AND STORMWATER MANAGEMENT (a) Land uses shall: 1. Not cause erosion problems and, if practicable, retain all soil on site; 2. Minimize disturbance of natural vegetation and soil cover; 3. Ensure that all cuts and fills are adequately designed and vegetated to control erosion as well as stability of the slope area; 6 oUU~~~! 4. Ensure that natural drainage patterns are preserved and protected from increased water flows that subject existing channels and adjacent areas to increased erosion; and 5. Preserve natural vegetation and soil cover within those buffer distances adjacent to rivers, streams, lakes, reservoirs and wetlands/riparian areas established in Sec. 7-20-80. Mitigation measures identified in an approved erosion, sedimentation, or stormwater management plan shall remain in place until revegetation is viable. The applicant shall comply with the preceding standazds. Water Courses and Drainages: Section 7-20-30 Castle Creek is over 100 feet from the opposite side of Castle Creek and is not impacted by the proposed lines and vegetation for the subject site. This standazd does not apply. Geologic Hazards -Alluvial Fan and Avalanche Areas: Sections 7-20-50 a and c Geologic hazards on the site include an alluvial fan and potential avalanche hazard aeeas. These issues were fully addressed during the previous approvals and are not an issue. Please refer to Attachment 10 which provides a geologist report from Nick Lampiris discussing the alluvial fan located north of the improvements on the property. The approved building envelope and the proposed Activity Envelope is located outside the alluvial fan and drainage ditch north of the improvements. The applicant continues to agree to mitigate any potential hazazd, as necessary, though no mitigation is expected due to no construction being proposed. Attachment 11 is a letter from Ron Halley of Hydro- Triad Ltd which states that there aze no avalanche hazazds on the property and a letter from Ron Thompson of Schmeuser Gordon and Meyer addressing engineering concerns. Wildfire Hazards: Section 7-20-60 The wildfire hazazd on the site is low. The applicant is not proposing to build or expand any structures. The installation of a fiber optic line and a water line should not require wildfire mitigation. The requirements for low wildfire hazards will be met, when appropriate. Wildlife Habitat: Section 7-20-70 The property is not located within a critical wildlife habitat azea. This standazd is not applicable. River and Stream Corridors and Wetlands: Section 7-20-80 As noted above, Castle Creek is located over 100 feet east of the opposite side of Castle Creek Road from the subject property. There are not any wetlands or riparian aeeas on the property. ®UU~®~1 ~ Summary This land use application proposes the installation of a fiber optic line and a water line on the American Lake LLC property. Revegetation and landscaping within the identified Activity Envelope is also proposed. The original land use approvals for the property will be reinstated with the approval of the proposed Activity Envelope. Should redevelopment of the existing residence occur in the future, a Site Plan Review approval will be necessazy. The applicant has demonstrated compliance with the Land Use Code standazds identified in the Pre-Application Conference. (See Attachment 12.) The following is a list of attachments. 1. Vicinity Map 2. Title Insurance on Subject Property: Legal Description and Proof of Ownership; 3. Memorandum of Approval: 1995 Minor 1041 Hazazd Review Approval: 4. Minor 1041 Hazard Review Site Plan: Book 38, Page 9~; 5. Board of County Commissioners Resolution 81-91 Granting 1041 Site Plan Approval to the Subject Property; 6. Subdivision Exemption Map for the Subject Property; 1981; 7. American Lake LLC -Existing Conditions; 8. American Lake LLC -Existing Conditions with Slope Analysis; 9. American Lake LLC -Proposed Activity Envelope site Plan; 10. Geology Report from Nick Lampiris; 11. Avalanche Report for Ron Halley, Hydro-Triad; Engineering Report by Ron Thompson, Schmueser, Gordon, Meyer; 12. Pre-application Conference Summary Sheet 13. Letter Authorizing Submission of Land Use Application; 14. Fee Agreement; and 15. List of Adjacent Property Owners. 8 o~t7~Q~ Please contact me if you have any questions or would like any additional information. Sincerely, DAMS HORN INCORPORATED GLENN HORN AICP OUtlU09 / R~3 I .l ~.. ~ I• ~ ra I a ~ Grl 'xr ~ ra~ I ~ ; ,~ r a to Ro 3 1 ~,rr o- lov 'xl 'bFir,`-., - ~--_-I ~I;I "~.~_~~ I_: I _ it / _ / Im / ~ 1. 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Ilnlu,n I /'~ z OWNER'S POLICY OF TITLE INSURANCE ,SSUadbyLawyers Title Insurance Corporation POLICY NUMBER LandAmerica LaeyersTNlelnsuranceCorporetionisarrrembero/the A75-2122016 LendAmerka /emlh o/tdle Insurarn,e u Lawyers Title ndar`',t SUBJECT TO THE IXCLUSIONS FROM COVERAGE, THE IXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a. Nebraska corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the Insured by reason of. 1. Title to the estate or Interest descdbed In Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmerketabllity of the title; ~ _ 4. Lack of a dght of access to and from the land. - ' The Company will also pay the costs, attorneys' fees and expenses intoned in Aefeii`se of the title, as insured, but only to the extern provided in the Conditions and Stlpulffilons. its duly authorized offlcere, the Poky to become vali ~h'en countereRgnTed by an aulhorrized other or agent of the Comtpoett~y hereumo efflxed by LAWYERS TRLE INSURANCE CORPORATION '^` aAttest: '', Secretary ti ~~ ~~4CO9 ~l SEAL ~ ey: ~,t ,( ~~ ',y`•., ~i ~~~~+° Presidem ~, s EXCLUSIONS FROM COVERAGE The following matters are expressty excluded from the coverage of this polky and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arias by reason ofr t. (a) Any law, ordinance or govemmemel regulatlon Qncluding but not limited to building and zoning laws, ordinances, or regulffiions) restricting, regulatlng, prohibitlng or relffiIng to (I) the occupancy, use, or enjoyment of the lend; (II) the charecter, dimensions or locatlon of any improvemem now or hereafter erected on the land; QIl) a aeparetlon In ownerehlp or a change in the dimensions or area of the land or any parcel of which the land is or was a part;. dr (Iv) environmental protectlon, or the effect of any violation of thliese laws, ordinances or govemmenfel regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, or enwmbrance resultng from a Notation or alleged violation affecting the land has been recorded in the publtc records et Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the exent that a notlce of the exerolse thereof or a notlce of a defect, Ilan or encumbrance resuhing from a vlolatlon or alleged violatleffectlng the land has been recorded In tha public records a< Date of Palmy. ""~ ~ , , 2 from Dove gie any takng whlch~has occurred prior to Date of Pol ~swhich~wou d be bindingllon the ghta ofta purcha er for vat a withougt knowledge. ~;.:. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured claimam; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claim~rrt and not disclosed in writing to the Company by the Insured claimant pdor to the date the Insured claimant became an insured under this policy; (c)= resulting In no loss or damage to the Insured claimant; (d) attaching or crested subsequent to Dete of Poicy; or (e) resutling In loss or damage which would not have been sustained 'd the insured cleimam had paid ya~(6e for the estate or interest insured by this policy. , 4. Any claim, which arises out of the transaction vestlhg in the Insured the estate or Imereat insured by this policy, by reason of the operetlon of federal bankruptcy, state insolvency, or similar creditore' rigMS laws, that is based on: (a) the Vansactlon creating the estate or interest Insured by this policy being deemed a fraudulent conveyance or fraudulem Vansfer, or (b) the trensectlon creating the estate or Interest Insured by this policy being deemed a preferential Vansfer except where the preferential transfer resuhs from the failure: (i) to tlmely recoM the Instrument of transfer; or (ii) of such recordatlon to impart notice to a purchaser for value or a Judgmem or lien credkor. NM 1 PA 10 ALTA Owner's Policy (10117/92) Valid Only M Schedules A and B ere Attached Fnrm 11 fJ(47dZ ®U () ~ 1 ~. ORIGINAL CONDITIONS AND STIPULATIONS 1. DEFlNRION OF TERMS. , The folbwing terms when used In rids polky mean: (a) 'Insured': Me heated named ht Schedule A, and, subject to any rights or defenses Me Company would have had against the named insured, Move who succeed to:He Irserest d Me named Insured by operatlon d law as dlsangubhed from purohase irxdudbg, but not Iimked to, helre, dletributeea, devbees, survNore, personal represenrables, ne# of kin, or corporate or flduelary succeeeore. (b) 'insued chimers': en Insured claiming kzis or damage. (c) 'knowedge' or'Imown': ecWel knowledge, not conetrudive kranNedge or notlce whbh may be Imputed b an iraured by reason d HB pubib recoMS u defined In Mla pdicy d arty oMer recordswhbh impart corretructive notke d mattere afleding Me land. (d) 'IarW': the land described or ~refemed b in Schedule A, and Improvements alnxed Hereto whbh by law constlWte reel property. The term 'lend` dog not hrclude arty property beyond the Iinea d Me arse described or referred ro M Schedub A, nor arty right ttle, trserest estate or easement in abuWng streets, roads, avenues, alleys, lanes, ways or waterways, but noMing hereH shall moday Or Ikea Me a#ent to whbh a right d access to antf from Me land b insured by Mb poky. (e) 'mortgage': mortgage, deed d trust, trust deed, or other security instromeM. (fl publb recgrds':~remrds eateblbhed under state statutes at Date d Policy for Me purpose bf frnperting constructlve notks d masers releWg b r~l P(a)(N~d Ma Exd~~usbrovelu~a~wkMUt knowledge. Wart reaped to Section emrirorsnental p tlarrs flkd h Me ~~ of fire dark of tlrelUnioedi States district court for Me dkarid~tt which Me land b bcatetl. (9) 'unmarketebinry d the title'i an alleged or apparent matter anectlng Me title to Me land, not excudetl or exceptetl from coverage, which would entltle a purchaser d Me estate or imerest described In Schedub A a be released from the obligaton m purchase by vktue d a comredual eonditlon, fequiring Me delNery of marketable title. ~" 2 CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The poverege d Mb polkry shen conWhte kt faros m d Date d Poky In favor d an irreured any w brg ae the Irourad retsina an estate or Interest In Me land, or hokJ6 en 6Webtednees sedured by a purchase money mortgage gWen by a purchaser from the Insured, or Dray w brig as Me irreuredehell have a.bnny by reason of covenertb of warremy made by the insured h arty transfer a cooveyance of Me estate or Interest Thb poky shall rat continue b tome in favor d any purchaser from the Insured d either W an eattls or irserest In ors bnd, or pi) an irtdebtedneee secured by a purchase money morgage ghren to Me insuretl. and expressy reserves Me right, in Its sale dbvetbn, to appeal from arty adverse judgmem or order. (d) In ell cases where Hb policy perinea or requkss Me Company to prosecute or provide for the defense of any acaon or proceeding, He fnsured shell secure b Me Company He right to eo prosecute or provide defense in He action or proceeding, and ell appeals Herein, and perms Me Company to use, at its optlon, the name d are Insured for Mb purpose. Whenever requested by the Company, He insured, at Me Comperry's expense, shell give the Company all reasonable aid W in any actlon or proceeding, securing evidence, obtaining wttnesaes, prosecuting or defending Me acton or proceeding, or eaeding settlement, end QI) In any other bwlul act whbh In the opinbn of Me Comparry may be necessary or dealreble ro establish Me title b the estate or Interest m Insured. If Me Company b prejudkxM by ate tatbre of the insured to famish MB required cooperatlan, Me Comparry'o oWipatlons to Me iroured under Me policy shall terminate, Including arty liabitlly Or obligation b defend, prosecute, or continue arty Iitlgetbn, will regent ro He matter or masers requiring such cooperation. ~ ~ ' .. ,c .:. " 6. PROOF OF LOSS OR DAMAOE. In addition to and after Me ratlcea required under Seetlon 3 of Mean Conditrons end Sapuletlons have been proJidetl Me Company, a proof of loss or damage signed end swum to by the hreurad ebimem shell be famished b Me Company wtthb 90 days seer the insured dhpnem shell ascertain Me tech giving rise m MB loos or damage. The proof d loss or damage shell describe Me dated in, or Ilan or encumbrance On the tI1N, or offer matter insured against by thb poky which constlWtes Me bash of lom or damage ant shell state, ro Me a#eM possible, Me bash d cebulaWtg Ms amoum d Me bee or tlemage. If the Comparry b prejudbed by Me lanure o1 He Insured daknam to provide the required prdof d bee or damage, the Company's obligations to Me Insured under the policy shall terminare, kakrding any Ibblery or oDllgatbn to defend, prosecute, or contlnue any litlgatlon, wtth regard m the matter or maaere requMng such proof of lose or damage. ,',~n V~': In"additbn, the frrsurad daimhnt may reeeonaby be required ro aubmtt to !_ exeminatidh under Dent b7l any authorimd representable d Me Comperry and '- shall produce for examinatlon, Inapectlort end copying, at such reasonable amea t and placee'ae mey.be deslgrrated by any auMorized repreeenretive of Me Comparry, ell recoMa, hooka, ledgers, chedrs, correspondence and memoranda, whether bearing a date 6etore or after Date d Pdiey, whbh reasonaby pertain b Me lose or damage. Fuller, M requested by airy autlarized representable d Me Comparry, Me irtwred claimant aftan grant Its pennbsbn, in writing, for any authorized repreeenreble o1 the Company to examine, Ineped end copy ag records, books, ledgers, dtersce, carreepondencs arLd memoranda In Me custody or control of a HIM perry, which reawnaby pertain to the bsa or damage. Atl iMpmusbn designated as confldersiel by the insured dalmaM provided to Me & NOTICE OF CW M TO BE OMEN BY INSURED CLAIMANT. The insured shell notlly Me CompenY PrornlmY In writlng 0) in u litlgat)dh ea get font in Sectlon 4(a) below, 00 in case Inowledge shall o insured heieuntler,d arty claim d title or bteraet wftbh b edvene b Me estate or IMereet~~ae Irreured, end whbh mlpM eaves bee or damage for Comperry may~pe IbWe by Wrtue o1 Mb pogcy, or (kq M title to.Me irdereet, tie Inkured, ig rejected es urunerlceteble. M prompt rgtbs sly ~+n .Comperry purouaM t0 Mb Sectlon shall not be dbdosed to others unless, in Hs reasonabb judgment d Me Comparry, h b necessary in Me adminiatratlon of Me ,~, cbim. Faflwe of the heated daknant m eubmk for examinatbn under Dent, produce other remanaby requested informatlon or gram permbskm to secure reasonaby necessary ktbmutbn tram Mird partles as requiretl In Mb paragraph ~'„ shell terminate any IlaWltty d Me Company under Mb pdby tie ro Mat claim. gNerr b the Company, Men es a the Insured ell Ibbnily of the Company shall tatvoi~a:.~~ wart ro;laM ;d'Hs maser or mafinreigr. •whbh prompt ratlce b raryked: provbW, however, Mat Tetlure td ndrify~t0te Cbmpany shall b no case prejudirs He rigtss of any kuwred under Mb policy unbea Me Canparry shall be prejudbed by the falluro and then ony to the exam d Me prejudice. ( a. DEFENSE AND PROSECUTION OF ACTIONS; ITTY OF INSURED CWMANT TO COOPERATE. "' ,~$ (a) Upon wvman request by,Me irteured era au M the optbne contained in Sedbrt 8 of Mahe Conditloro end Stlpulatlons, pony, az ks .own cost end wttlaut unreasonable delay. shall provide 1'6 .ti etenee d an insured in Iitlpatlon in which arty Mktl party amerce a dakn adw,(ee 10 the the or interest as Insured, bd Dory tie re those orated causes d actloa Wf`°ping a doled, lien w encumbrance a other matter kuured aganst by Mb poAo`jr. The Comparry shall have Me right ro shed counsel d Ire dabs (eugad td Me right d Me insured to oged for reaeoneble esuee)to repraeem the Irrwred es b tlaae stated causes of aetbn and shell not be tlabls tar and win rat pay the fese d any oMer . eouneel. The Comparry will rat pay any fees,.costs or expenses Incurred by the ' insured kt Me defense of _ reuses d adbn whbh allege mettere not insured . L/ ! 9 by Ws poky. (b) The Company s " have the right,. ~ na own acet•to Inatldne and' proseMe arty adbn or p „~'. '"or to do ntry offer ad wMch b as opinbn may De necessary a dsslrebls b,yp the b He estare or Interest, u Insured, or to prevent or reduce loes5r ~ Me Insured. The Comperry may take arty approprbts aetlon under Me U fhb poney, whether or not tt shall be Ibble hsrsuMfer, and ehetl not H ~ cortpede Ibbluty or waive arty provbbn d Mb polky. H He Comparry shall exerobe rights under Mb paragraph, k shall do so dlllpenty. ~. (c) Whenever tM Company shah Rave brought an adbn or irserposed a dNenes n required or pennMW by Me d Mb poky, the Company m.y ptmue arty Inpatlm a flnv datsrmkutlorfN~byi court of competent tydsdldbn 8. OPTIONS TQ PAV OR OT1iERWNIB BBRLE CLAIMS; TEfWINATION OF LIABILRY. . In ease d e ebkn Under Mle poky, the Company shall have the foeowing additlonal optlons: (a) To Pay or Tender Payment of are Amount d Insureras. 7o pay or tender payment d Me amount d inwrance under Mb poky togeMer wart any coats, atlomeye' fees and expeneea Incurred by the Insured cleimarrt, which were euthorizetl by Me Comperry, up to He tlma of payment or tender of payment end which Me Company b obligated to pay. Upon the exarciee by Me Comparry of Mb optlon, all Ibbiltty and obligatbrre to Me Insured under Mia pogry, oMer Men to make Me payment required, shell terminate, Incbdkg any Ibbllay d obligatbn to defend, proaecute~ or eoMinue arty litlgatbn, and the pdky shall be surrendered ro tfa Companyib~' rsncelledon. s ro) To Pey or OMenNse Settle With Parlles other Man Me Insured or Wkh the Insured Claimant. m to pay or otherwse settle wart other pertim for or In the name d ' - en Insured dehnam arty claim insured agalrxtt under Hb poley, tageHer with any ' coats, aaomeys' fees and experxim Incurred by Ha Insured cbknent whbh were authorized by He Campeny up a Me tkne d payment antl which Me Company Is~ obligated to pay; or , ,(~ to pay or otherwise scale wart Me insured daimaM He bee oRr damege,piovlded for under thb poky, together with arty costa, aaameys' teen end expenses', fneuned by the Insured clalmard Whbh wale euthdlzed by Me Comphrry up to Me tlma d payment end whbh the Company b obligated ro pay. Upon. He ezerobe by Me Comparry d etther of Me optlom provided br In paragraphs (b)(q ar pq, Me Comparya obligatlone b the Insured under Mle polk:y for Me chimed bee or damage, other Men He paymsrns requred ro be made, shell terminate, Indudlrg anY Ilablltty or obllgetlon to dNend, prosecute or eontlnue any Itllgatlon. - d~ ~$a~0 IIIICI I KI~ ~IIIII I~III VIII I~III VIII III VIII III IIII.00 38D 880 00:481 WARRANTY DEED ~' ~J THIS DEED is dated the 24`~ day of May 2007, and is made between SCM Cabin Partners, Ltd., a Texas limited partnership duly organized and existing under and by virtue of the laws of the State of Texas (the "Grantor") and American Lake, l.lr, a Colorado limited liability company, whose legal address is to the attention of: Karen Rowe at Centurion Residence Services,16o1 Forum Place, Suite 307, West Palm Beach, Florida 33401, (the "Grantee"). WITNE59, that the Grantor, for and in consideration of the sum of Ten and oo/loo U.S. Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's successors and assigns forever, all the real property, together with any improvements thereon, located in Pitkin County, Colorado, described as follows: Parcel C: A parcel of land being part of Homestead Entry Survey No. 95, said parcel is more fully described as follows: Beginning as Corner No. 4 of said H.E.S. No 95: thence N. 81° 19' E 362.69 feet to a point on the Westerly right-of--way line of Castle Creek Road as described in Deed recorded in Book 157 at Page 557 rec°rded in Pitkin County; thence 79.75 feet along a curve to the right having a radius of 543.00 feet (the chord of which bears S 29° oo' 34° W 79.69 feet) along said right-of--way line; thence S 33° 13' W 212.50 feet along said right-of- wayline; thence 197.19 feet along a curve to the left having a radius of S5o.9o feet (the chord of which bears S 2z° 57' 44" W 196.14 feet) along said right-of--way line to the intersection with line 3 -4 of said H.E.S. No. 98; thence N 18° 49~ W 394.30 feet along said line 3 - 4 to the point of beginning; also known by street address as: 10081 Castle Creek Road; and, by assessor's schedule or parcel number: a9og2o3oo008. T0~3ETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's successors and assigns ~ forever. Retum to: PATRICK MCALLISTER KAUFMAN PETERSON & DISHLER 375 E. HYMAN ASPEN, CO 81817 538231 TRANSFER DECLARATION RECEIVED 09124!2807 O~Jt»~3 SCHEDULE A-OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT21375SCM May 24, 2007 (a~ 9:47 AM $6,800,000.00 A75-2122016 1. NAME OF INSURED: AMERICAN LAKE, LLC, A COLORADO LIMITED LIABILITY COMPANY 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: AMERICAN LAKE, LLC, A COLORADO LIMITED LIABILITY COMPANY 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: A parcel of land being part of Homestead Entry Survey No. 95, said parcel is more fully described as follows: Beginning at Corner No. 4 of said H.E.S. No. 95; thence N 81 °19' E 362.69 feet to a point on the Westerly right of way line of Castle Creek Road as described in Deed recorded in Book 157 at Page 557 recorded in Pitkin County; thence 79.75 feet along a curve to the right having a radius of 543.00 feet (the chord of which bears S 29°00'34" W, 79.69 feet) along said right of way line; thence S 33°13' W 212.50 feet along said right of way line; thence 197.19 feet along a curve to the left having a radius of 550.90 feet (the chord of which bears S 22°57'44" W 196.14 feet) along said right of way line to the intersection with line 3-4 of said H.E.S. No. 95; thence N 18°49' W 394.30 feet along said line 3-4 to the point of beginning. Countersigned: Authorized officer or agent PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925.1766/(970)-925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. ®f.J Cl x. `» SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT21375SCM May 24, 2007 ~ 9:47 AM A75-2122016 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Water rights, claims or title to water. 6. Taxes and assessments for the year 2007 and subsequent years only, a lien not yet due and payable. 7. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded March 31, 1927 in Book 55 at Page 583. 8. Terms, conditions, provisions and obligations of Agreement as set forth in instrument recorded January 18, 1955 in Book 180 at Page 324. 9. Pipeline and ditch easement as shown on survey of Harold W. Johnson, L.S. 9018 and in Deed recorded in Book 315 at Page 431. 10. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded October 14, 1981 in Book 415 at Page 876 as Resolution No. 81-91. 11. Easements, rights of way and all matters as disclosed on Plat of subject property recorded March 18, 1982 in Plat Book 13 at Page 2 and as disclosed on 1041 Hazard Review Plat of subject property recorded January 4, 1996 in Plat Book 38 at Page 95. 12. Terms, conditions, provisions and obligations as set forth in Allocation Agreement recorded November 16, 2000 as Reception No. 448953. EXCEPTIONS NUMBERED 1, 2 ,3 AND 4 ARE HEREBY DELETED UUUU~S CONDITIONS AND STIPULATIONS (Continued) 7. DETERMINATION, E%TENT OP LIABILITY AND COINSURANCE. This potty is a wmrad M indemnity against actual monetary loss or damage sustained or incured by the insured claimant who has suffered loss or damage by reason of mettere insured against by this potty and onty'tq'the a#em herein described. ~'`` ~'~~. (a) The liability of the Company under this policy shall iio`exceed the least of (I) the Amount of Insurerx:e stated In Schedule A;. b (ii) the difference between the value of the Insured estate or Interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance Insured against by this policy. (b) In the evert the Amoum of Insurance stated in Schedule A ffi the Dete of Policy Is less than tl0 peroent of the value of the insured estate or imerest or the full consideratbn paid for the land, whichever H lase, or 'd subsequem ro the Date of Polcy an improvemern Is erected on the lend which irxxeases the value of~Me insured estate or imereffi by ffi least 20 percent over the Amoum of Insurence stated in Schedule A, then this Policy Ia subject ro the rollowing: (i) where no subsequent improvement has been made, as to any partial lose, the Company shall onty pay the loss pro refs in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or Interest ffi Date of Policy; or .-, (ii) where a subsequent Improvement has been made, as to any partial loss, the Company shell only pay the loss pro rata in the proportion that 120 perceht. Q( the Amount of Insurance stated in Schedule A bears to the sum of the. Amount' of Insurance stated in Schedule A and the amount expended for the,imQrovemeM- ,x d 71ie provisions of this paragraph shell not apply to costa, akomeys' tees and e'>'~penses for vfiich the Company is liable under this poky, and shall only apply ro tRffi lioribn of any bss which exceeds, in the aggregate, 10 peroeM M the Amount of Insurance stffied in Schedule A. ' (c) The Company will pay onty those costs, akomeys' fees and expenses incurred In accordance wits Sectlon 4 of these Condibona and Stipulations. a. APPORTIONMENT. If the lend described in Schedule A consists of two or more parcels whbh are not used as a single she, and a bss is established aflectlng one or more of the parcels but not aII;Me bss shall be computed antl settled on a pro rata basis as k the amoum of insurance under this policy was dNided pro rata as ro the value on Date of Policy of each separate parcel to the whole, exclusNe of any improvements made subsequent ro Dffie of Policy, unless a Ibblltty or value hoe otherwise been agreed upon as tq each parcel by the Comperry and the Insured ffi the time of the Issuance of thle policy and shown by an express statement or by an endorsement attached ro this potty. 9. LIMITATION OF LIABILITY. (a) It me Comparty establishes Me title, or removes the alleged defect, Ilan or encumbrance, or cures the lack of a right of axese ro or from the land, or curse the claim of unmarketabllity of title, all ae Insured, in a reasonabty diligent manner by any method, Including IMgetlon and the completion of any appeals therefi'om, k shell have fully performed tb obiigatbns with respect ro that matter and shall not be liable for arty bee pr damage caused thereby, (b) In the evem oT arty IltlgeWn, ineluding litlgatlon by the Company or wkh the Company's consent, the Compem/ shall have no liability for bas or damage untrl there has been a final detenninetbn by a court of competent Jurisdictlon, and tlispositlon of ell appeals tnerehom, adverse ro the title as insured. (c) The Comperty shall not be liable for lose or damage to any insured for Ilabllky voluntarily assumed by the insured in settling anY claim or sale wittwut the prior written oonseM of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF IJABILITY. All payments under this potty, except paymema made for costa, attorneys' fees and expenses, shall reduce the amoum of Ne ireurance pro taMO. f 1. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this poliry shall be reduced by arty amount the Company may pay under arty poky insuring a mortgage to which exceptlon is taken In Schedule B or ro which the insured has agreed, assumed, or taken aubJeM, or whloh le hereaker executed Dy an insured and which is a charge or Ilan on rite estate or Interest described or referted ro in Schedule A, and the amount so paid shell be deemed a paymem under this potty ro the insured owner. (b) When Iiabtlity and the exreM of bsa or damage has been deflnttety fixed in accordance wM these CondNOna and Stipulations, the bss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) TM Comprmys RIgM of 8ubrogatlon. Whenever the Company shell have settled and paid a claim under this policy, all right of subrogation shell vest b the Comparry unaffected by any act of the insured clalmam. The Company shall be sulxogated ro and be entlUed ro all rights and remedies which the insured elalmaM woukl have had ageirret any person or property in respect ro the claim had ihb potty not been issued. k requested by the Company, the Insured clalmam shall trenefer ro the Comparry all rights and remedies against any person or property necessary b order ro perfect this right of aubrogatlon. The insured cleimam shell pertntt the Company ro sue, compromise or settle in the name of the Insured claimant and to use the name of the insured claimant in any transaction or Iitlgetlon ImoNing these right or remedies. If a payment on accourn of a claim does not fidty cover the bas of the Insured claimant, the Comparry shall De subrogffied to these right and remedies in Me proportbn which the CompanYa paymern beats ro Me whole amount of the lose. If loss should reautt from any set of the Insured claimant, as stated above, that act shall not void fhb potty, but the Company, in that even4 shell be required ro pay only that pert of any losses insured egairret by thb poky whbh shall exceed the amount, if arty, bffi ro the Comparry by reason of the impairtnern by the insured clalmam of the. Comperry's right of aubrogatlon. (b) Ths Comparty'a Right Agaln4t Non-Inwrod Obligors. The Company's right of subrogetlon ageinet non-Insured obligore shall exist and shall include, without Ifmiretbn, the righre of the Insured to indemnitlea, guarantles, other potties of irtsurenee or bonds, notwithstanding anY tertna or condttbns contained in those instrumerne whbh provkle for subrogatlon rights by reason of this policy. 14. ARBITRATION. Unless prahibtted by applbeble law, either the Compem/ or the Insured may demand arbitretlon pursuant ro the TPoe Insurance Arbitratbn Rules of the Amerirsn Arbitratlon Asaociatlon. Arbitrable mffitere may include, but are not Iimked ro, any cornroverey or claim between the Company and the insured arising out of or relatlrg to this policy, arty servbe of the Comparty in connectlon wkh ks Issuance or the breach of a potty provision or other obligatlon. All arbltreNe makers when Me Amount of Insurance is 51,000,000 or less shall be erbttreted ffi the opibn of etther the Company or the Insured. All arbitrable mettere when the Amount of Insurance b in excess of $1,000,000 shell, be erb_Itrffied only when agreed ro by both the Company and the Insured. ArDttretbn puieuaM to fhb potty end under the Rules in eked on the date the demand for ~artikrr)!tlon Is made or, at the aptbn of the Insured, the Rules In etbct at Date of Polley shell be bindlrtg upon the pertlee. The award may include attorneys' fees onty iftthe laws o1 the atffie in whbh Me lar# Is located permtt a court ro award attomeye, fees ro a prevailing party. Judgment upon kte award rendered by the Arbitreror(e) may be entered In any court having Jurladictlon thereof The law of the akus of the lend shall appy ro an arbitratlon under the Title Insurance Arbitratbn Rules. A copy of the Rules may be obtained from the Company upon request 16. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This potty together with ell endoreemerns, M arty, atlached hereto by iha Company Is the entke potty end contract between the insured and the Company. In Interpreting any provision of this policy, this potty shell be cortetrued m a whole. (b) Arry claim of bas or damage, whether or not based on negligence, and whbh arises out of the statue of the tltle ro the estate or imereffi covered hereby or by any action asserting such claim, shell be restricted ro this policy. (c) No amendment of or endoreemem ro itds policy can be made except Dy a writing endorsed hereon or attached hereto signed by ekher the President a Vbe Presidem, the Secretary, an Asafetant Secretary, or validetlng oiflcer or authorized signatory of the Company. 18. SEVERABILITY. In the evert any provlelon of the poky b held IrnaIW or uneMOroeable urrQer applbabb iew, the policy shell be deemed nM ro include roffi proviabn and all other provisbna shell remain in full force and effect , 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be famished the Company shall include the number of this policy and shell be addressed to: Consumer Aifalre Department, P.O. Box 27587, Richmond, Virginia 23281-7587. t2. PAYMENT OF LOSS. (a) No paymem shall be made without produdng this policy for endoreemem of the paymem unless the potty has been lost or destroyed, in which case proof of loss or destructlon shell be famished ro the satlafactlon oT the Company. 0000? 6 ~ - y a N ~ d N N ~~ M ~ M~ i ~; ~ ~Y: ~i ~ ' T . , ,~:~~' ;~- m s- ` ~ , ~ ~ 0 ~ ,x ''~~ ".~~~, :,~ ~' .. ~. ,~ ~3 ~~ ~"~ ~~dV~a ~~~ ~~~~~ ~ :~ ~• : , ~ ~ ,~; ~~n a g~ o~, R8 $ arc m m ~ c = 3 °~ oU~U~ P '- ~ $ gg 's a gg ~ig5~ m m .~ -y ~ ~. ^ 1. MEMORANDiJM ATTACHMENT 3 -` To: Francis Krizmanich, Pitkin County Hearing Officer FROM: Brian McNellis, Planning Office RE: McEuen Minor 1041 Hazard Review DATE: October 12, 1995 REQIIEST: The applicant requests Minor 1041 Hazard Review approval for the construction of an addition to the north of an existing cabin. APPLICANT: William & Alice McEuen ttEPREBENTATIVE: Glynn Horn LOCATION: Castle Creek Valley adjacent to the American Lake trail head parking lot across from Elk Mountain Lodge ZONING/LOT SIZE: AFR-10/1.5 acres ACCESS: The lot is accessed from Castle Creek road. SITE DATA: The site slopes gradually downward to the southeast. An existing cabin is located on the upper northwest portion of the site. An irrigation ditch is located to the north above the cabin. The site is not mapped for wildfire or wildlife but does contain some minimal snow avalanche hazard. The site is located on an alluvial fan as well. REFERRAL AGENCIES: The application has been referred to the following agencies for review and comment; 1. County Attorney 2. County Engineer 3. Environmental Health Department 4. Zoning Office 5. Sheriff's Office 6. State Forest Service 7. Colorado Geologic Survey 8. Division of Wildlife 9. Maroon/Castle Caucus 10. Open Space Board The County Attorney, Sheriff's Office, State Forest Service, Division of Wildlife, and Open Space Board have not provided any comments on this application. The comments of the other referral agencies are incorporated throughout this memorandum and attached ~~~~~$ for reference as necessary. BTAFF COMMENTSS 1041 REVIEW Geologic- Jeffrey L. Hines, Senior Engineering Geologist of the Colorado Geologic Survey reiterate the recommendations prescribed by Consulting Geologist, Nicholas Lampiris and Ronald Halley of Hydro Triad LTD. Nicholas Lampiris confirms that the site is on alluvial fan, far from any existing geologic hazards. The improvements are to be on the north side of the home away from debris flows. The addition would require conformance with the Uniform Building Code for Seismic Zone II due to the site's proximity to the Castle Creek Fault Zone. Also, soils engineering is necessary for proper foundation design to mitigate hydrocompactive sails on this fan. The home should be de:. ,.fined to preclude the accumulation of radon gas. Snow Avalanche- Ronald Halley's survey results conclude that "...a significant portion of the property is free of snow avalanche hazards as defined by Pitkin County." The avalanche zone delineation indicates the addition would be located outside both the red and blue avalanche zones. TH Zoning- The 1.5 acre parcel is zoned AFR-10 and is non- conforming. The required setbacks for this parcel are; 1) 100 foot major road setback as measured from Castle Creek Road right of way, 2) 30 foot front yard setback, 3) 20 foot side yard setback, and 4) 30 foot rear yard setback. The proposed building envelope appears to lie within the 100 foot major road setback and the required 20 Poot side yard setback. The envelope should be modified to be outside of the required setbacks. A Board of Adjustments variance will be needed if development is to occur within these setbacks. Water and Sewer- The Environmental Health Department needs information regarding the quantity and quality of water produced by the existing well to determine if it is sufficient. Neither a septic permit or building permit can be issued unless the location of the well(s) meet setback requirements and the quantity/quality proves acceptable. The Environmental Health Department will evaluate the size and functioning capability of the existing sewage treatment and collection system to determine its adequacy. It is most likely that the system will need to be expanded to accommodate the addition. It is also a concern that the building envelope ~oU~~~ ~~ is not large enough to contain the septic system, which is required to be loo Pt Erom the well, 10 Pt from the property lines and 20 feet from the house. The septic system will also have to meet setback requirements Prom the irrigation ditch. It may be necessary to divert runoff Prom around the septic system. The Environmental Health Department will design the system for the applicant as part of the permit fee, iP an engineered system is not required. The proposed addition is not expected to impact down stream water quality if the minimum horizontal distances between components of the system and physical features are in accordance with the Pitkin County Sewage Regulations. Drainage- With the location of the irrigation ditch located above the house, drainage design is important to divert escaped water around the structure. Nicholas Lampiris suggests a shallow Swale in conjunction with the proposed driveway behind the cabin to divert water to the east of the site would suffice. RECOMMENDATION: Persuant to Setion 3-801 (B) (2) of the Land Use Code, the Hearing Officer is authorized to approve a site plan and application for a Minor 1041 Hazard Review. Based on the findings referenced above and subject to the conditions of approval listed below, Staff recommends approval of the McEUen Minor 1041 Hazard Review. This memo will serve as a reference document authorizing approval of said application. The Hearing Officer's sign-off on a 1041 Hazard Review Site Plan is also necessary for completion of the review process. The Site Plan shall be recorded in the Clerk & Recorder's office, and a copy shall be placed in the file. CONDITIONS OF APPROVAL: 1) The Applicant shall adhere to all material representations made in the application. 2) Prior to building permit application, the Applicant shall record a 24" by 36" mylar 1041 Environmental Hazard Review Site Plan with the County Clerk and Recorders Office. The site shall meet the approval of he Planning Office and the County Attorney and shall include the following hazard warning and disclaimer: "The Applicant acknowledges that he/she has been informed by Pitkin County of the existence of "1041 Hazard Areas: that might affect the property and any improvements, and the use and occupancy thereof. The provisions of these regulations do not in any way assure or imply that the areas outside of the designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property." 000020 • ': ~,: •x u,: n-;, ~L= i 3) The 1041 Site Plan shall be modified to exclude the building envelope from the I00 foot major road setback and the 20 foot side yard setback. 4) The applicant must submit plans to the Zoning Department to show compliance with County floor area and height regulations before a building permit will be issued. 5) Prior to Building permit issuance, the applicant shall demonstrate an adequate supply and quality of domestic water to the satisfaction of the Environmental Health Department. 6) The Environmental Health Department must determine the capacity of the existing sewage treatment and collection system. If necessary, the septic system may be built outside of the building envelope. 7) The Applicant must file a fireplace/woodstove permit with the Environmental Health Department before a building pprn~,+- will be issued. Coal may not be burned in any device and n~ wood burning devices may be installed in barns or agricultural buildings. 8) A drainage design plan should be submitted and approved by the County Engineer prior to building permit issuance to assure that escaped irrigation water travels around the structure. 9) The addition must be built in conformance with the Uniform Building Code's requirements for Seismic Zone II. In addition, the applicant will conduct soils engineering for proper foundation design to mitigate hydz"ocompactive soils on the site. The home should also be designed to preclude the accumulation of radon gas. 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Jmm~ ~~ r U~ ~ Ycordrd •t ]i]Irn OetoNr l~ ~e~l {oprt~ MnMr• IVeord~r !tT*ACHMENT ~ arpLUTiON a TYE wAw a couxrr colnlssloBEes a -ITxiY coYY1T, cao91180, ,,,,,,41~ ~r•.~576 ( 9MIITIIIB SUBDlY1SI0N E1piTI0N I To TYE l.s AtBE rulca a uho OiB1ED BY YILLIiM Al0 dLILE McEUEN hseolutton Ib. 81 - ei WERFIIS. Yflliu and Alia 11tEusn ~^ ~ ornere of • oral of land ' bstnp loutcd in tM Yasstcsd Entry Survw a• 95 (scnu ire eM Elt Ibunptn Lodpc slang Gstto Cant Bo.d1. snd p of tlrtr l < the own Ooilswd that st tM t1. of -nrcAs 1.5 acn parcel that the Gstlc Cnst gad pr+nd ss s wbd/elder EotrNn It ;r and the 55 un fstlrrln8 psrpl, and K.. YIEIIEAt< ft 1t th cppliunt's dsetn to plat Llr 1.5 un psrecl end aMnbp 1p/tUia its Ltle. #nd r IMEII015, ti.e; .,~ooti.~ 4e two- _ sec. s-a.2(s)lq of Nw atryr. tounq Land Up Colo, since both nwlLnt psrecls an Nil>r ddwlopsd. `:~'i YoY, TiEBtF98E. 5E ti ~rE9 W' w Berra of coungi Coulssiamn err Htt1n Cawtrr G1orMs. that subdleleta csagtl0n 1e IrtobB~ grsnUd ~~ ~~ eo ehe fo11or1A oondttat snt s>tr91n8 ~ 1. That tlr 01st ter tho 1.6 un psral b• MeordM (to pn'r d tir psral irlth Wsunt lend onnsd by th sppltant.) ~pprowd by ehs Bard of CawtY Co~eisstoan of flttln CantYr Colorado . st tlrlr roBsUr ~at1n8 a October 17. 1981. ptBp a CoIBm tOINIS510YE5S a -ITKIM ;, COONTY, COLOBII00 I F- I ' ~s bya T 1 ~ ~n< i ~i I `, ATTES~~~ i t,Y cn a . ! M-BBIfED AS TO FOM: ~I iRar I -~ ~~ nq tL - .~~r.r.~.r-- .~~ ~, ~~ oUUU4~ c G N .+ . 1; 1 t+ d I p 1 ilt ~ ~~~ + •~ I 3~~ ~ . q~. l~ . 1 .i': 1 i Ii + ~ ., ' S ~ ~~.~ 1~^ ~~ 1 r , ~ ~•.... - ~ :k .. i - - - ~ ~ . ~~ ' 1 V ~ ~ .. ,. w '"\ _ t,~ 1 i~~ ~ - }` - / / l . C i y K I ~ - ~ < rY/ ~.. '` - fir. / 1 1_ -v .. .. ~ . .. ~. . _~ _~r 1 '+' ~ + ` r• \ ~ ' .~; ' f j 1 ~~ ~.~ t ~ ~ - ~~ ' ! , 1 w $~. ~ ~ ..,,. ~ ~t. s is 7~ a ^ .. ~ 'C . ~ a + ~ !o ~~ s~~ #~~~.E~ i~~~~Ebj~ ~ ' ~ ~i~ !~ ~~ ~, fff . ',T-' +P~J+r~ +'r~ 1 ~~ g,~ ! .r:. . s .. +, ~. :TI J ) ~ ~~ .1 ~~~."..y .• 1. . ~i. *~~. t•. ..' +• ~ I •}~ s ~ ~~ ~~~~~~~ cr,~~ d' t ~~ , td~l~t}}~fEt;t``~,,~~ 3 ~ ~ ~ ~E~I~~~~~ir~~~i ~~ ~~.~ ~ ,~~ ~, ~~.~~; ~~r ~~~ .., ~~~, ~~, ~~ ;~~. ~~~1.~ ~ ~ ~~';?. .. .. ~ ' L ;, h .` i3°s=a . 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'~Q ~ i Vi 4 U e qy g fG O ~i / __ Y__` ' Ali ./.'.~ b~ii~~ - II -- I _ ~ ~i .~m, ~ . .w~~ ~yl I ,~~, . +r €~ ',;, ~? ~ F `/~ ~ ~ ~ ~ ~ ~ ~~ ~~ / ~ ii ~ ~• S / m iii / ~/~/ .~%~ _ ~ '~ i. ~~/ _ ~ r. . ~ ~ / = € i i / y~ ~.l~~ , , / / ; i ;~ ;/ ~ W ~j.:•. . ~ . ~ %; , 1 . / -f '~'J ' . i~. (hji/ %i ~.+ 1~°} 43 ;, ..~ ~\~~ _~~ © (~~©} d" / /~. /'1. /. . ~ii; fY~ttt`i i; : !; i,-. , ;~~ ~~.~iti ;'."y ~. / , , %-/ . ; l J m v ,` Nicholas Lampiris, Ph.D. CONSULTING GEOLOGIST P.o. aox 2 SILT, COLORADO 81652 (303) 8765400 (24 HOURS) ..';:i ',-~.. i'!:71l is Y'C:aly i:.i L.t :I. 1:. P:d 1.t'"} IItFI: '„ r'.,:,.;ar :! !., Cr^: t.: k: 'J;a I :I r.rY F1dri:i t i c;r't , I°Ic-L;l..u=r't ATTACHMENT_(____ I. f; r.,v., r-rirn[:; t r tr.:~d niy car~r.,I e;rai c' r`~ :xl l..lat:i. on crf 1.'-te3 !:;r l.; ~ruse•J ,tr.ld:i. t.a r;ri t. c; 't!-; e• r=;; i 's t i. n i:7 c ra k? i, n . ;:; <_; s h !awn ., i. n {: h c? C ~:a s {:. 7. ~ C r- r=>? ~ * t; V as 1. 1. r.+Y c+l i. 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I.t rr::• ~.I~., ru:7'r' Ita..si.i:~tlr= t. r; rc7n1:.,.>rrl:. rn!s?„ ~~ ~ ~ 000028 I'`I7r r1t~:I. :` !.-,(Ill., i.r-:i N HYDROTRIAD, LTD ~ 2136 Wesl Bayaud Avenue. Suite 100 Lakewood. Colorado 80228 iNlephone 303/989-8588 FAX 303/9B9-993? June 19, 1995 Davis Horn Inc. 215 S. Monarch Suite 104 Aspen, Colorado 81611 Dear Mr. Horn: ' irs~_+an~ r~ your request we t,ave evaluated the sr~:*ti»• ~c~~'<m;:°~ , . ,.~„s, re,at,ve to the southern McEuen prueprty in Pitkin Cuiirlty, Coiarado. ~,~c p,~Cp,ty is located approximately 9 miles south of Aspen adjacne to the Castle Creek Road. This "southern" portion is immediately south ofh to larger (20 acres plsu) parcel of the McEuen project. The evaluation was carried out utilizing the current Pitkin County regulations on snow avalanche and zone definition. The evaluation included a detailed site inspection, terrain and snow analyiss and dynamic as well as statistical analysis. The reuslts show that a significant portion of the property is free of snow avalanche hazards as defined by Pitkin County. RLH:jm cc: 238.003 ~... ,_ s""- Roriald ~.Hette~,`~'.L?- ~ ; Preside L:, ~`~ . , ~~ ~ .~. 'L 'i • •wti'~• •r ;l 4'~ i i ~r~rJ .~ _ ° ~// v'_ h11~~`"/ 000029 „303)945;1004 FA;((303)945~5348 eROxYecne 9YRYEYOM ~~~ GM SCNNUESER GOROON MEYER 118 West 61h. Suite 200 Glenwootl Springs, CO 81601 May 11, 1995 Mr. Glenn Horn Davis Horn, Inc. 215 South Monarch Street, Suite 104 Aspen, CO 81611 RE: McEuen Addition Dear Glenn: ATTACHME>'IT~L Per your request, we have investigated the engineering aspects of providing an addition to the McEuen residence in Castle Creek Valley . The property is located in the upper Castle Creek Va;'~. ; ~ 8 m?es Pout's of Highway 82. ACCESS Access is via Upper Castle Creek Road !115.2. This is a well maintained asphalt road which serves Ashcroft one mile further up the valley. Upper Castle Creek Road has an average daily traffic count of 640 vehicles. The design capacity of the road is 1100 vehicles per day (VPD). This proposal will not impact the road with any additional traffic. No RFTA bus service is provided. The driveway is located at the American Lake trailhead parking area. UTILITIES The current house is served by electric and telephone from Holy Cross Electric and U.S. West. The proposal will. create only a small increase in additional service which both utilities are capable of handling. Water is supplied by a well. This well will continue to be the source of water. A pump test and water quality test may be appropriate to ensure capacity and water quality. An existing septic system serves the existing structure. We would recommend examination of this facility by Nelson Environmental & Wastewater Solutions to ensure capacity and functioning capability of this facility. 0000?0 May 11, 1995 Mr. Glenn Horn Page 2 DRAINAGE AND EROSION The addition will create a very small disturbance to the overall site and any erosion potential should be minimal. No surface water is near the proposed addition. Drainage facilities for flow in excess of the historic flows, before any structure, will be accommodated in a new drainage design. This design will settle out any pollutants and release flows at their historic rate. I hope this has adequately addressed engineering concerns. Should you require further assistance, please call. Sincerely, SCHMUESER GORDON MEYER, INC. Rorl Thompson ~ Planning Engineer RT:Ic/95014 ~~~e~?~ (`l L h._~A c .~ ATTACHMENT t'2 `~~`~ PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: 3/5/08 PHONE: (970) 920-5093 E-MAIL: suzannew(a~co.oitkin.co.us LOCATION: 10081 Castle Creek Road PARCEL ID #: ZONE: AR-10 OWNER/APPLICANT: American Lake LLC REPRESENTATIVE: Glenn Horn EMAIL: ghorn@rof.net Type of Application: Minor Amendment to Development Permit and Activity Envelope Description of ProjecUDevelopment: Applicant proposes to establish an activity envelope to encompass the existing house and improvements and to accommodate extension of fiber optic lines. Land Use Code Sections to address in letter of request/appllcation: • 2-30-20(g): Activity Envelope Criteria for Approval • 2-20-150.b, Minor Amendment to Development Permit • 7-10-50: Activity Envelope • 7-20-10: Site Preparation and Grading • 7-20-20: Steep and Potentially Unstable Slopes • 7-20-30: Water Courses and Drainage • 7-20-60: Wildfire Hazard • 7-20-70: Wildlife Habitat • 7-20-80: River and Stream Corridors and Wetlands Review by: Community Development Director Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. Staff will refer to: Environmental Health/Natural Resources, Maroon/Castle Creek Caucus, USFS FEES: $3,178 (make check payable to "Pitkin County Treasurer") (based on new fees in effect as of 4/9/08) - $2,495 Planning flat fee (non-refundable; based on 10 hours of staff time; if staff review time exceeds 12 hours, the Applicant will be charged for additional time in excess of 10 hours at a rate of $249/hour). - $604 Environmental Health/Natural Resources - $54 Public notice - $25 Clerk To apply, submit 4 copies of the following information, unless noted otherwise: 1. Letter of request, addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; OOOJ3? 2. Address all applicable activity envelope requirements as specified in Section 2.1.1 of the Pitkin County Land Use Application Manual, including submission of 24" by 36" and 11" by 17" Activity Envelope Plan; 3. Copies of prior approvals; 4. Consent from the owner of the property for the representative to process the application and represent the owner (1 copy); 5. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 6. Street address and parcel description, including legal description, and 8-1/2"x 11"vicinity map locating the subject property within Pitkin County; 7. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (1 copy) (form attached); 8. This Pre-Application Conference Summary Sheet. NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMITTWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). - ALL MAPS SHALL BE FOLDED. - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information maybe required upon a complete review of the application. ®~~~3 MAR. 18.2008 4;02PM KAUFMAN PETERSON DISHLER N0. 1644 P. 2 ATTACHMENT i3 WILLIAM I. KOCH AMERICAN LAKE LLC 1601 FORIIM PLACE SUITE 1400 WEST PALM BEACH, FL 33401 March 18, 2008 Suzanne Wolff AICP Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: American Lake LLC Mlnor Amendment to a Development Permit and Activity Envelope Dear Suzanne: This letter authorizes Davis Ham Incorporated to submit a land use application for our property located in the Castle Creek Valley (Parcel ID # 2909-292-03-008). Please call Davis Horn Inc. at 925 6587 if you have any questions or concerns. Thank you. Sincerely, WILLIAM I. KOCII AMERICAN LAKE LLC 00003~t MAR. 18.2008 4.02PM KAUFMAN PETERSON DISHLER N0. 7644 P. I ATTACHMENT 14 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and lTt+~er~ C..~ -. ~-w k'~ L-t--G-- (hereinafterAPPLICANT) AGREE AS FOLLOWS: APPLICANTLias submitted to COUNTY an application for f`-L ~ n~r• (-~~,ery(~i~c n r nmcn~r t~rrr.•r-tom,-,v~ rNhereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 008-2008 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. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurced In providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Theretore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $~ which is based on l~ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. 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. PITKIN COUNTY Cindy Houban Community Development birector Effective 4/9108 G:countyladminlforms\agreement to pay APPLICANT ~-v.-e rt ~wr, ~--~.kt Print Name - Signature Date: ~ ~ L °t 1,~ Y Mailing Address: r' b U t F~~u rv. P l~u-e 5,.. ~ re l~ry~ l.(.ksr PKI,,., O~e~,c4,, FL . 334, 00003 ATTACHMENT IS American Lake LLC List of Adjacent Property Owners Ashcroft LLC c/o Kaufman Peterson &Dishler 315 East Hyman Aspen, Colorado 81611 Crystal LLC c/o Kaufrnan Peterson &Dishler 315 East Hyman Aspen, Colorado 81611 Elk Mountain Lodge LLC c/o Kaufinan Peterson &Dishler 315 East Hyman Aspen, Colorado 81611 oooL3s PUBLIC NOTICE RE: American Lake LLC Minor Amendment to a Development Permit and Activity Envelope (Case PO55-08) NOTICE IS HEREBY GIVEN that an application has been submitted by American Lake LLC (1601 Forum Place, Suite 1400, West Palm Beach, FL 33401) requesting approval of an Activity Envelope to encompass the existing house and improvements. The property is located at 10081 Castle Creek Road and is legally described as a parcel of land being part of Homestead Entry Survey No. 95. The State Parcel Identification Number for the property is 2909-203-00-008. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. Published in the Aspen Times Weekly on Apri127, 2008. Attention Adiacent Proaerty Owners A property owner receiving this public notice shall provide comments or objections to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, By May 27, 2008. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 April 15, 2008 Glenn Horn 215 South Monazch Street, Suite 104 Aspen, CO 81611 Re: American Lake LLC Minor Amendment to a Development Permit and Activity Envelope (PID#2909-203-00-008; Case# PO55-08) Dear Mr. Horn: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property owners with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by (15 days out) April 27, 2008. The names and addresses shall be those on the cunent tax records of Pitkin County as they appeazed no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice shall provide comments or objections to the Community Development by (30 days out) 27`" day of May, 2008. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 12`" day of May, 2008, which is at least fifteen (15) days prior to the (30 day out) May 27, 2008. This must be submitted prior to any approvals being granted. If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2-20-100 & 2-40-20 (F) CDU Notice Bonnie Waechtler From: Bonnie Waechtler Sent: Tuesday, April 15, 2008 2:12 PM To: 'WeIlsAspen@aol.com' Subject: American Lake LLC PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970)920-5526 FAX#(970)920-5439 MEMORANDUM To: Maroon/Castle Creek Caucus Environmental Health and Natural Resources United States Forest Service FROM: Suzanne Wolff, Community Development Department Re: American Lake LLC Minor Amendment to a Development Permit and Activity Envelope (PID 2909-203-00-008; Case POSS-OS) DATE: April 15, 2008 Attached for your review and comments are materials for an application submitted by American Lake LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, May 27, 2008. http://www.aspenpitkin.com/pdfs/depts/7/P055 08 app.pdf Thank you. Bonnie Waechtler Planning Administrative Assistant Community Development Pitkin County 130 South Galena Street, 3rd Floor, Aspen, CO 81611 970.920.5109 (Phone) 970.920.5439 (Fax) bpnnlBVJr~CO.pitkln.Cp. us PITKIN C~VTY COMMUNITY DEVELO~NT Permit Receipt RECEIPT NUMBER 00025766 Name: Elk Mountain Lodge, LLC Date:4/7/2008 Project Address: 10081 CASTLE CREEK RD Type; check # 1298 Permit Number Fee Description Amount 0055.2008.PLAN PP- Flat Fee 2,495.00 0055.2008.PLAN PP- Clerk Fee 25.00 0055.2008.PLAN PP- Public Notice Fee 54.00 0055.2008.PLAN PP- EH&NR Referral Fee 604.00 Total: 3,178.00