HomeMy WebLinkAboutpitkin.planning.272920205073 (2008)ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIItECTOR OF
PITKIN COUNTY, COLORADO, APPROVING THE RIIQCERS ACTIVTI'Y ENVELOPE ON
AMENDED LOT 26, ELK MOUNTAIN SUBDIVISION
Administrative Decision No~-2008
RECITALS
1. James W and Lisa K. Rikkers ("Applicant") have applied to the Community Development Director of
Pitkin County ("Director") to establish an activity envelope for a single family residence. The activity
envelope is the same as the building envelope that was approved in 2003.
2. The lot contains 2.15 acres and is a nonconforming size lot within the AR-] 0 zone district.
3. The lot is located on Elk Mountain Drive, and is described as Amended Lot 26, Elk Mountain
Subdivision.
4. The subdivision was platted in 1968; therefore, the lot is exempt from Growth Management up to 5,750
squaze feet, pursuant to Land Use Code Sec. 6-30-100(6).
5. The Planning Commission granted 1041 hazazd review, conceptual submission, lot line adjustment,
minor plat amendment and separation of substandazd size lots, pursuant to Resolution No. PZ-O1-2003.
The amended plat was recorded in Plat Book 67 at Pages 8-9. The vested rights for the approval have
expired.
6. The Director finds that the proposed activity envelope is consistent with the applicable requirements of
the Code, as follows:
A. The activity envelope avoids slopes in excess of 30%.
B. The wildfire hazazd is rated as medium, and can be mitigated pursuant to the provisions of Sec. 7-20-
60(c) of the Code.
C. The lot is within mapped and field verified elk winter range, where development is permitted
pursuant to Sec. 7-20-70, subject to mitigation.
APPROVED by the Director, subject to the following conditions, which shall run with the land and be
binding on all successors in interest:
1. The Applicants shall adhere to all material representations made during the application process.
2. Prior to submission of any building or other development permit applications, the Applicant shall be
required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7-
0-50 of the Code. The Site Plan Review application shall address the following, in addition to the other
requirements specified above:
A. Demonstrate compliance with the standards in Sec. 7-20-120.d for development within the Scenic
View Protection Area and the rural character guidelines For building location in Sec. 7-20-120.e
of the Code. At the time of the site plan review, the Applicant shall demonstrate that the
structures cannot be seen from the historic coke ovens, or that their visibility is limited and can be
mitigated.
B. Demonstrate that the site can accommodate an on-site wastewater treatment system (OWTS) that
complies with the then current OWTS regulations.
RECEPTION#: 550649, 07101!2008 at
09:44:33 AM,
i OF 5, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
Administrative Decision No~2008
Page 2
3. Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for
approval by the County Attorney and Community Development an Activity Envelope Plan in
accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The above
referenced approvals shall be a condition precedent to finalization and recordation. The Activity
Envelope Plan shall include topographic information depicting 2' contours with the envelope.
4. Prior to issuance of a building permit for the residence, the Applicant shall:
A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and
fire protection purposes, and for irrigation purposes, if applicable, to the Environmental Health and
Natural Resources Department.
B. Obtain an access permit for the driveway, which shall be approved by the Planning Engineer.
C. Obtain afireplace/woodstove permit from the Community Development Department, if
necessary.
D. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist
for review and approval by the Planning Engineer.
E. Pay the applicable road and employee housing impact fees.
F. Obtain an on-site wastewater disposal system permit from the Environmental Health and Natural
Resources Department.
G. Submit a construction management plan for review and approval by the Planning Engineer.
H. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes.
No structural development in excess of 30" above or below natural grade shall occur within the
setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above
or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from
the most restrictive grade. Any development located within setbacks mandated by County zoning
regulations that does not comply with these restrictions shall require a variance from the Board of
Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a
variance.
6. The floor area shall be limited to a maximum of 4,500 square feet.
7. The Applicant shall comply with the following standards for Development in a Medium Wildfire
Hazard Area:
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows (note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions):
1. Within 15' of all structures, maintain a 15' separation between the outside edges of the
crowns of any evergreen trees.
2. For a distance of 15' around all structures, maintain vegetation at a height of 6" or less with
mowed grass, low growing perennials or hardscape. Woody vegetation shall not be planted
within this perimeter.
3. Maintain mowed lawn beyond 15' and up to 30' from all structures.
4. Within 100' downhill and 70' uphill of all structures, thin conifers so that the spacing
between remaining trees is no closer than 10 Feet measured from the outermost branch. The
Administrative Decision Nol~~-2008
Page 3
lower limbs of remaining conifers shall be removed up to 10' or half of the total height of the
tree.
5. Remove all deadfall within 150' of all structures.
6. All branches that extend over the roof eaves shall be trimmed and all branches within 15' of
chimneys shall be removed.
7. No new conifer trees shall be planted within 10' of a residence.
8. No flammable mulches shall be placed within 2' of a residence.
9. The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
A. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted
Building Code. No wood shakes or shingles. All other adopted Building Code compliant
methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they
comply with the following:
1) All roof coverings shall be constructed of non-combustible materials and installed on a Class
A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
3) Protrusions above the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
B. Roof Venting:
1) Soffit venting shall be located in the outer 1/3`d portion of the overhang.
2) Attic, soffit and other roof venting shall be ofnon-corrosive metal mesh with maximum %<"
openings.
C. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other:
1) Sheath with non-combustible materials, or
2) Combustible material underlain with 5/8" Type X gypboazd or ewqual, or
3) Minimum 4x6 rafters with 2x T&G decking.
D. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: Minimum 6x6
posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railing, or equivalent log construction.
E. Maintenance and Miscellaneous Requirements
1) Roofs and gutters shall be kept clear of debris.
2) Any outbuilding shall adhere to the same wildfire requirements.
3) Yards shall be kept clear of all litter, slash and flammable debris.
4) All flammable materials shall be stored on a pazallel contour a minimum of fifteen (15) feet
away From any structure.
5) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more
than six (6) inches.
Administrative Decision No. ~~2008
Page 4
6) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifreen (I S) feet
away from the structure.
7) Swimming pools and ponds shall be accessible by the local fire district.
8) Fences shall be kept clear of brush and debris.
9) Wood fences shall not connect to other structures.
10) Fuel tanks shall be installed underground with an approved container.
11) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on
a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be constructed with
materials approved for two (2) hour fire-resistive construction on the exterior side of the
walls.
12) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
13) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be
visible at the primary point of access from the public or common access road and installed on
anon-combustible post.
14) New utility lines shall be extended underground.
8. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Dogs shall be kenneled or leashed at all times.
B. Native vegetation shall be maintained outside of the activity envelope.
C. Trash/garbage shall be kept in an approved beaz resistant container or enclosure, pursuant to the
County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to
issuance of a certificate of occupancy.
D. Fencing shall comply with the following, except for fencing immediately adjacent to the
buildings to contain pets or livestock:
1) Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed
48 inches in height above ground level and 12 inches in width (top view), and shall have at
least 18 inches between two of the rails.
2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42
inches in height.
3) All non-conforming fencing on the property must be brought into compliance.
E. Avoid fruit-bearing trees and shrubs in any landscaping.
F. Construction workers shall be prohibited from bringing dogs on-site during construction.
9. No development including grading, excavation, fill placement, berming, landscaping, vegetation
removal or disturbance, well or septic system shall occur outside of the approved activity envelope,
except as necessary to comply with the wildfire mitigation measures described above.
] 0. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
11. All areas disturbed by construction shall be re-vegetated with native shrubs and grasses within one
growing season of the project's completion.
12. Exterior lighting shall comply with the County's lighting regulations in effect at the time of
installation.
Administrative Decision No~2008
Page 5
13. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit.
14. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property.
15. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on
~'i~.n Z~ , 2011.
APPROVED by the Director, this 2~4.~day of ~~,-...2 , 2008.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weeklv on the ~ day of ~, 2008.
wax ~Q ~..1`t~ ~,., Cl~
Cindy Houben,
Community Development Director
PID#272920205073
P062-OS
1
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss• MAILING PURSUANT TO
State of Colorado } PITHIN COUNTY LAND USE
~-~ BODE SECTION 2-20-100
1• ,being or representing an
Applicant to the Pitkin County Dev lop ent Pe it, personally certify that I have complied with the
public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in
the following manner:
By mailing of notice, a copy of which is attached hereto, by certified, postage prepaid U.S. Mail at
least 2 weeks prior to tie public comment deadline to all owners of property adjacent to the subject
property, as indicated n the attached list, on d~l~)~ ~ B , 20® (which is IS days prior to the
deadline of 20~). The names and a esses of the adjacent property owners shall be
those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the
public comment.
2. By posting a sign in a ons icuous place on the subject property (as it could be seen from the nearest
public way) on the , 20Q9, which is at least fifteen (15) days prior to the public
comment deadline. A photograph of the posted sign is attached here
(Attach photograph here)
Signed before me this~day of,
200~y
WITNESS MY HAND AND OFFICIAI, SE.~
My commission expires: ~Y Commisswn pines
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61LVIR ORVIS PITNIN COUNTY CO R 0.00 D 0.00
RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY,
COLORADO, APPROVING THE ECK 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION,
LOT LINE ADJiJSTMENT, MINOR PLAT AMENDMENT AND SEPARATION OF
SUBSTANDARD SIZE LOTS
Resolution No. PZ- t7j -2003
RECITALS
L Theodore R. Eck and Mary J. Wilson ("Applicants") have applied to the Pitkin County Planning
and Zoning Commission ("Commission") to separate or "un-merge" the Tots they own within the Blk
Mountain Subdivision (total of 29), and then to reconfigure the lots into 12 separate lots. 1041 hazard
review and conceptual submission approval is requested for building envelopes ou 8 lots. The Applicant
also requests approval to amend the lo[ lines between certain of the "new" subdivision lots and the adjacent
metes and bounds parcels to increase the size of the lots.
2. 'T'he Applicant's property is located just south of Redstone and Coal Basin Road on [Ite west side of
Highway 133. The Applicant owns Lots 5-18 and 26-40 within the Elk Mountain Subdivision, and two
adjacent metes and bounds parcels (legal description attached as Exhibit A). The property is merged
pursuant to Land Use Code Section 6-50-020 into two separate parcels as shown on the map in Exhibit B.
3. The property is zoned AFR-10. The two separate merged parcels each contain approximately 35
acres.
4. The Planning Commission granted 1041 hazard review approval for a single family residence on
Lots 5-7, pursuant to Resolution No. PZ-89-17. 'ihe site plan was recorded in Plat Boolc 23 at Page 13.
A residence was constructed in 1990. While Lots 5-7 were considered merged at the time, the plat did
not reflect that status. Therefore, the Community Development Director approved a lot line adjustment
and minor plat amendment to eliminate the lot lines; the amendment was recorded in Plat Book 48 at
Page 41. An addition to tFie residence was constructed in 2000. Lots 5-8 subsequently merged with Lots
9- 18 when deeds were recorded in September of 2002 that conveyed all of the lots to Mary J. Wilson.
5. The plat of Elk Mountain Subdivision was recorded in 1968 in Plat Book 3 at Page 5. Cuunty
subdivision approval was not required until after May 8, 1972. Pursuant to Land Use Code Section 41 10-
O51(A), each lot within the subdivision (if separated) is exempt fromgrowth management up to 5,750 square
feet of floor area. The metes and bounds parcels adjacent to the subdivision do not appear to have been
legally created, and, therefore, are not exempt from growth management These parcels hove been
conveyed with the subdivision lots multiple times since the original conveyance in August of 1972.
6. T'he Commission considered this application at a duly noticed public hearing on March 4, 2003, at
which time evidence and testimony were presented with respect to this appication.
7. The Commission finds that limited separation of the lots complies with the applicable provisions of
Land Use Code Section 6-50-030, and that reconfiguration of the lots into fewer, larger, more buildable lots
will not negatively affect the character of the neighborhood.
8. The Commission further finds that the building envelopes as amended avoid slopes in excess of
30%, and that the wildfire hazard and wildlife habitat impacts can be mitigated.
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Pti il~lian No. PL- DI -20/1J IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIO 48t1~39 e0tz.zteP
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NOW THERETORE BE IT RESOLVED by the Pitkin County Planning and Zoning Commission
that it does hereby approve the Eck 1041 Hazard Review, Conceptual Submission, Lot Line Adjustment,
Minor Plat Amendment and Separation of Subs43ndard Size Lots, subject to the following conditions, which
shall run with the land and be binding on all successors in interest.
Prior to submission of any earthmoving, access, or building permit applications tirr new
development, the Applicant shall submit v; amended plat for the Elk Mountain Si.ibdivision to the
Community Development Department for approval and recording. T'he mylar copy of the site plan
must be signed by the owners prior to submittal for recording. "fhe Applicant shall amend the
plaUsite plan as lollows, prior [o submission for recordation:
A. Title shall be "Amended plat of Lots 5-I8 and 26-40 of the Elk Mountain Subdivision and
Eck I (141 Hazard Review Site Plan and Lot Liue Adjustment."
B. Reflect the merger of Lots 5-9 and include the approved building envelope on amended Lot
5 as shown on the site plan recorded in Plat Book 48 at Page 41.
C'. Extend the proposed building envelopes to the lot boundary adjacent to Elk Mountain Drive
D. Eliminate the areas of slopes in excess of 30% from the building envelops on amended
Lots 10, 13 and 17
E. Eliminate the eastern portion ofthe building envelope on Lot 6 as recommended by the
Caucus.
F. Combine amended Lo[s 14 and 16.
G. Combine amended Lot 32 with Lots 33-40.
1 I. Amend thr, western boundary of amended Lot 10. The area added to amended Lot 13 shall
include the upper portion of the building envelope that was previously shown within
amended Lot 10. This envelope shall be designated as a"development envelope" for well
or septic system only.
2. Prior to or concun•ent with recordation of the amended plak the Applicant shall:
A. Record a deed restriction pmltibiting further subdivision on amended Lot 27.
B. Record a deed restriction prohibiting further subdivision on amended Lot 14 except for
conservation purposes.
3. Prior to submission of a septic permit for each lot, the Applicant shall provid: documentation of
adequate quality and quantity of water to the Environmental Health Departnent.
4. If a well or septic system is proposed to be located within [he development envelope on amended
Lot 13, the owner of the lot shall demonstrate to the Communty Development Department that
access and any other construction impacts or improvements between the building ;md development
envelopes will not impact slopes in excess of 30°/a.
5. Prior to building permit application for development on amended Lots 26, 27, 28 and 32, the owner
of each lot shall erect height poles for evaluation and comment by the Caucus and review and
approval by the Community Development Department. The purpose ofthe height poles is to avoid
or limit visibility of the stuch;res from the historic coke ovens.
000004
Resolution No Pb 01 -1003 IIIIII VIIIIIIIII IIIIII VIII III VIII III VIIIIIII III ~$ss3eea4 t2:20P
/'GgC 3 BiLViF DPViS PITKSN COUNTY CO R 0.l0 o m.ee
(i. Prior to building permit issuance for development on amended Lols 13, 14 and 17, the Applicant
shall provide a drainage report from a qualified engineer or geologist that provides mitigation
measures to minimize the impact oPdebris flows on these or other lots within the subdivision. The
report shall be reviewed and approved by the County Engineer and Community Development
Department. Measures may include cleaning rocks, branches and other debris from the main
channel ofthe drainage located between amended Lots 14 and 17 (on old Lot 16) and delineating
the main channel ,:ts necessary to keep flow from entering abandoned side channels.
7. Prior to building permit issuance fur development on amended Lots 13, 14 and 17, the owner of
each lot shall provide a report from a qualified engineer or geologist with sitasperific rockfall
mitigation measures that shall be reviewed and approved by the County Engineer and
Conununity Development Department. The measures shall he implemented prior to issuance of a
Certiticate of Occupancy.
8. Prior to issuance of any building permit applications for each of amended Lots 10, 13, 14, 17, 26,
27, 28 and 32, the Applicant shall:
A. Obtain an access permit for the driveway, which shall be approved by the County
Engineer ;and the Community Development Department.
B. Obtain a fireplace/woodstove permit from the Community Development llepartmen[, if
necessary.
C. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or
geologisttorreview and approval by the County Engineer.
D. Pay the applicable road impact tee.
E. Obtain approval of a septic permit from the Environmental Health Department. 'fhe system
shall be located within the approved buildingeuvelope, and must comply with the setback
requirements t}om surface and groundwater sources. A qualified professional engineer
must design the system.
Prior to commencement of earthmoving or construction activity on any lot, the Applicant shall stake
the corners of the building envelope. These stakes shall remain in place until issuance of a
Certiticate of Ot:eupancy.
10. The Applicant shall comply with the following measures [o mitigate impacts to wildlife:
A. Dogs shall be kenneled or leashed at all times.
l3. Native vegetation shall be maintained outside of the building envelopes.
C;. Provide waste storage on each lot that complies with BOCC Ordinance No. 010-2001.
Verification of compliance shall he provided prior to issuance of a certificate of
occupancy.
D. Fencing outside of [he building envelopes shall comply with the following wildlife
fencing standards:
I) Wood fencing shall employ three rails or less, he the round or split rail type, shall
not exceed 48 inches in height above growtd level and 12 inches in width (top
view), and shall have at least 18 inches between two of the rails.
2) Wire fencing shall consist of no more than 3 strnnds of smooth wire and shall not
OOOU05
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Reav~(ution No. PZ- 0l -20113 IIIII~IIIeIII~IIIIIII~IIII~III~IIII~I~III~I~II~I~l~lllll 48 a 39410.
co R 0.00 2003 12, 20P
Prlhe 4 D 0.00
exceed 42 inches in height.
3) All non-conforming fencing on the property must be brought into compliance.
F.. Avoid fruit-bearing trees and shrubs in any landscaping.
F. Any vegetation removed to construct the residence or driveway shall he replaced on the
property according to a plan approved by the Pitkin County Wildlife Ecologist or Land
Manager.
1 L 'fhe Applicant shall comply with the following wildfire mitigation standards:
A. Within 15' of all structures, maintain a 15' separation between the outside edges of the
crowns of any evergreen trees.
B. For a distance of I S' around all structures, maintain vegetation eta height of G" or less with
mowed grass, low growing perennials or hardscape. Woody vegetation shall not be planted
within this perimeter.
C. Maintain mowed lawn beyond I S feet and up to 30 feet from all strictures.
D. Within 11111 feet downhill and 70 feet uphill of all structures, thin conifers so that the
spacing behveen remaining trees is no closer than 10 feet measured t}om the outermost
branch. The lower limbs of remaining wnitats shall be removed up to 10 feet or half of the
total height of the tree.
E. Remove all deadfall within 150 fee[ of all structures.
F. Roofs shall have a Class A rooFcovering or a Class A assembly as defined in the Uniform
Building Code 1997 Section 1504. Wood shake/shingle roof coverings are prohibited.
Roofs with less than a 3:12 pitch are not permitted unless [hey comply with the following:
I) All roof coverings shall be noncombustible materials as defined in the Uniform
Building Code (UBC) 1997 Section 1504 and installed on a Class A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of
clearing the roof.
3) .All roof designs shall facilitate the natural process of clearing rool'dehris.
Protrusions above the rootline, such as parapets, shall he prohibited.
4) Roofs shall be installed as required by UBC 1997 Chapter I S and shall have a
minimum slope of 1:4R.
5) .41I roof designs, coverings, or equivalent assemblies shall be specifically approved
by the Fire Marshal prior to submittal of a building permit application.
G. Vents shall be screened with corrosive resistant wire mesh with mesh '/< inch maximum.
H. Roofs and gutters sltal I be kept clear of debris.
1. Yards shall he kept clear of all litter, slash, and Oammable debris.
.I. All flammable materials and firewood/wood piles shall be stored on a parallel contour a
minimum of I S tee[ away from any structure.
K. Swimming pools or ponds shall be accessible to Fire Department vehicles.
L. Fences shall he kept clear of brush and debris.
M. Wood fences shall not connect to the structure.
N. Fuel [ants shall be installed underground with an approved container.
O. Propane tanks shall be installed according [o NFPA 48 standards and on a contour away
from the structure with standard defensible space vegetation mitigation around any above
ground tank. Any wood enclosure around the tank shall be constructed with materials
approved for 2 hour fire-resistive construction on the exterior side of the walls.
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IIIIIIIIIIIIIIIII~TIIIIIIIIIIIIIIII~IIIIII~IIIIIIIIIIII 4Benoe4 iz:zea
Resolution Nu. PZ-Ol -2(103 R 0•~ ~ 0•~
ru~;e s ---
I'. Each structure shall have a minimum of one 10 pound approved At3C fire extinguisher
placed in a visible and accessible location.
Q. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible
and installed on anon-combustible post.
R. New utility lines shall be buried within the road or driveway. Utility line:; for amended Lots
2G, 27 and 28 may he buried outside of the road or driveway in a location approved by the
Community Development Department.
12. Exterior lighting shall comply with the County's lighting regulations in effect at the time of
installation.
13. No development, including grading, excavation, till placement, benning, landscaping, vegetation
removal or disturbance, well or septic system shall occur outside of the approved building
envelopes, except to comply with the required wildfire mitigation.
14. All areas disturbed by construction shall he revegetated with native shrubs and grasses to limit
water consumption and additional runoff within one growing season of the project's completion.
I5. The Floor area on each of amended Lots 13, 14, 17, 26, 27, 28 and 32 shall be limited to a.
maximum of 4,500 square feet. The Floor area on amended Lot 10 shall be limited to a maximum
of 3,000 square feet, not including garage space, which shall be limited to 1,000 syuare feet.
I6. The Applicant shall adhere to all material representationsrnade in the application orin public
meetings or hearings and shall consider those representations to be conditions of approval, unless
amended by other conditions.
17. Statutory vested rights tier the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
March 4, 2006.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 28th day
of December, 2002.
APPROVED AND ADOPTED this 4th day of March, 2003.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asoen
Times Weekly on the29 day of V11Grrht, 2003.
®~~®Q7
Reso(ufion Nn. PZ-~1 -2003 II~II~II~II~I~I~~~III~IIII~fII~I~III~IIIIII~I~IIIIIII~I 4~s84 10,
Pa~,~e h C0 R 0.00 p 000012.20P
ATTEST:
----_-__
Janis Taylor, Administrative Assistant
./-
John Ely,
County Attorney
PIGS-U2: PIUN272720205D7D
PLANNING AND 7~NtNG COMMISSION
OF P[TK[N COUNTY, COLORADO
r `//"rv
Ey ~ ~~/ - / ~
Paul Rudnick, Vice-Chairman
Date 'f 1{ ~3
APPROVED AS TO CONTENT:
i
1_
m y Houben,
Community Development Director
000008
SRHIBIT A ~~.(,K P~r~,ti 1
eARCSL 1: 1-
A parcel of land situated is the S1/2 Nifi/4 of Section 20, Yhxnahip 10
South, Range 88 Beet of the 6th P.1[., Coanty of Pitkin, State of
Colorado; said parcel being sore particularly described as folloxs:
Ca®enciag at the North Sixteenth Corner of Section 19 and Section 20,
1988 BLN slnmiam Cap is puce, the TRUE POINT Olr BEGINNING;
thence N 89'55'41` E along the ]forth line of said S1/2 Nail/4 1781.67
feet to a point on the Neeterly line of that property described is Book
189 at Page 285 of the Pitkia County Clerk and Recorder's Office;
thence leaving said Northerly line S 00'10'45' W along said Nesterly
line 196.29 feet;
thence S 53'52'28. 8 along the Southerly line of said property 796.18
feet to a point on the Nesterly right of xay of Colorado State H.ighwap
No. 133 (Based on the Plat of 8].k ltonntaia Sabel{vis3~on);
thence leaving said Southerly line S 04.16'11' N along said Nesterly
right of xay 58.2b feat to the Northeeat Corner of Slk 1[onatain
Subdivision;
thence leavia said Nester]y right of xa N 89'19'46• N along the
g y
Northerly line of said 8obdiviaion 666.81 feet to the Northxost Corner
of said Subdivision;
thence S 07'29'51• N along the Neaterly line of said Subdivision 129.00
feet;
thence continuing along said Nesterly line 8 15'55'09• S 35.00 feet to
the 9onthveet Corner of said Lot 2b of said Elk ]fountain Subdivision;
thence leaving said Nesterly line $ 77'37'30• M 2b0.00 feet;
thence N b9'49'42• N 1596.92 feet to a point on the Nastarly line of
said 81/2 NW1/4
thence N 01'04'20" S along said Westerly line approximately 380.41 feet
to the TRUE POINT OF BEGINNING.
PARCEL 2:
TOGETHER WITH LOTS 26 THROUGH 40, 8LR MOUNTAIN SUBDIVISION
EECSPTING THBREFRQ[, as easement ezclnsive to grantor and grantee
herein, their heirs sad assigns, over, Hader and across Lot 30 Elk
Nonntaia Subdivision. Said easement shall be retained for the purposes
of bnildiml a drive~ray for ingress and egress to Lots 24 and 25, Elk
Nonntain Subdivision and the above mentioned property to vit: Parcel 1
sad Parcel 2 described above, and for nndergronnd utilities to be
eztended to the same, including the right to place a domestic xell on
said Lot 30 for the use of said Lots 24 and 25 and to construct as
underground pipeline to Lots 24 and 25 from said ~e12. No structures of
any kind shtill be placed on Lot 30 ezcept those purposes mentioned above.
SSCEPTING ANY PORTION OF THS ABOVE SUBJECT LANDS ANY PORTION CONVEYED TO
THE COLORADO DEPARTMENT OF HIGHWAYS.
COUNTY OF PITKIN, STATE OF COLORADO.
4+5577 O1J10/94 iSs2b Rec 113.00
Silvia Davis
-----_--_ __ ,, Pi=CntY Cl Q,~.1. .,~ ?~ ~ 147
IIIIII VIII IIIIII IIIIII III IIIIII IIIIII III IIII IIII IIII a 048/SS/`2000012:20P
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Parcel I:
A parcel of land being lots 9 through 18, Elk Mountain Subdivision.
Parcel 2:
A P~ of lend situtdod in tlu; SWYa of Scion 20, Township 10 South, Range 88
West ofthe 6th Priac~al Meridian, CxtmtyofPitkiq State of Colorado; said parcel being more
particularly desrnbad as follows:
Commencing at the sarthw~ost oanor of said Section 20, a B.L.M. elumiman cap in
place;lheroeN. Ol °04'20" E along the westedy line of said Section 20 1685.61 fed to the true
point of beginning, thence continuing along said westerly ~ N. Ol °0470" E. 720.78 feet;
thrnce leaving said westerly Line N. 89°09'57" E 1736.12 fat. to the southwest Darner of Lot
19, EQc Maintain Subdivision; thence N. 89°05'14" E along the southerly lino of said Lot 19
129.95 Feet m a paiffi onthe weste<ly rightof--way of Elk Maintain Drive; thence the following
eight (8) ts~s slang saidwesterly rightof--way.
(1:1 5.00°53'26" E. 28.92 fed
(2) Akng the arc of a auve to the right having a radius of 95.00
fxt and ccmtral angle of 56°44'33", a distacee xf 94.08 feet (shad bears S.
27°29'04" W, 90.28 feet)
(3) Aking the arc of a save to the left having a radius of 90.00
feet and a central angle of 60°32'00", a distatne of 95.09 fat (chord bears S,
25°35'21" W. 90,72 fed)
(4) S. 04°40'39" E. 142.00 feet
(5) Along the sic of a save b the righthaviog a radius of 296.SU
fed and a central angle of 24°20'00", a distance of 125.92 feet (chard bears
S. 07°2921" W. 124.98 fed)
(6) Along the etc of a nave to the left having a radius of 247.50
fat and a central angle of 31 °32'00", a distmce of 136.21 fed (chord bears
S. 03°53'2l" W. 134.50 fcet)
(7} S. 11°52'39" E. 62.89 fee
(8} Akng the errs of a auve to the left having a radius of 92.Sp
feet sad a a~arsl angle of 148 °41'00", n distance x{240.04 fat (chord beets
S. 86° 13'09" E. 178.13 fed) to the northeast cemer of said Lot 9,
thence S. 40°3726" E. eking the easterly lice of said Lot 9 100.51 fat to the southeast corner
of said I.ot 9; thence S. 66°05'51" W. along the southerly lice of said Lot 9 sad Lot 10 and the
IIIIIIIIDIII IIIIIIIIIIIIIIIIIIIII Ilolll IIIVIIIIIIIIIIIO 48;D 9 ~,:.:aP
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suDUesaors asd aseigos forever, all the teal pfoperty togethc wiW improvemerfts, if any, situate lying and being
in the County of Piddn and State of Colorado described as follows:
Parcel 1:
A panel of land being Lots 9 through 18, Elk Motmtain Subdivision.
6'
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Parcel 2:
A parcel of land situated in the SW / of Sec6ioo 20, Township 10 South, Range 88
West ofthe 6t1t Prttxapei Maidifm, Cotmty of Firkin, State of Colorado; said parcel being more
partiailarly dtsafbed ss follows:
Commencing at We southwest caner of said Section 20, a B.L.M. aluntimmt cap in
(~ thence N. Ol °0420" E. akatg the westely line of said Section 20 1685.61 feet to the true
point of beginoiffg; Wens aontmfting alastg said westerly lice N. Ol °0470" E. 720.78 fat;
thenx leaving said westerly line N. 89°09'57" E. 1736,12 feet to the saftlnyest corrtrr of Lot
19, Elk Motmtain Subdivision; thtatoe N. 89°05'14" E. along the southaiy lino of said Lot 19
129.95 fat to a pout mthe westerly rightof-way of Elk Mountain Drive; thence the following
a8ht (8) courses along said wESterlyeight-of--way.
(1) 5.00°53'26"E. 28.92 feet
(2) Abag the me of a clove m the right having a radius of 95.00
fat and oantral angle of 56 °44'33", a distance of 94.08 fat (chord bears S.
27°29'04" W. 90.28 feet)
(3) Alaufg the etc of a curve to the Ieft having a radius of 90.00
titer and a Dottrel aogk of 60°32'00", a distance of 95.09 fat (chord bears S.
25°35'21" W. 90,72 fat)
(4) S. 04°40'39" E. 142.00 feet
(S) Akatg the are of a cove to the rtght having a radius of 2%.50
feet and a antral angle of 24°20'00", a distance of 125.92 feat (chord bears
S. 07°29'21" W, 124,98 fed)
(6) Akatg the etc e4'a save to the left having a radius of 247.50
fat and a central angle of 31 °32'00", a distance of 136.21 fed (chord bears
S. 03 °5321" W. 134.50 fee)
('~ S. 1 I°52'39" E. 62,89 feet
(8) Akmg the arc of a crave to the kft having a radius of 92.50
fat and a omtral angle of 148°41'00", a distance of 240.04 fat (chord hears
S. 86° 13'09" E. 178.13 fDU) to the northeast oornQ of said Lot 9,
thence S. 40°37'26" E. along the easterly line of said Lot 9100.51 fat to the southeast comer
efsaid Let 9; Weoc» S_ 66°05'51" W, along the sauWaly line of said lot 9 and Lot 10 sod the
southerly line of said Lot 9 and Lot 10 extended 31.30 fact to a poim as the anginal westerly
right-of--way of Cokaado State Highway No. 133; Wonce continuing along said westerly right-
of-way S. 25°27'04" W. 29.37 feet thence leaving said westerly rightof way S. 68°37'11" W.
434.72 fed; We~oe N. 83 ° 13'04" W. 1606.45 fat to the true point of beginning,
Except Wet no warranty attaches to aay paRien of subjoct pfopaty lying ~yt~ rightof--way
of Highway 133, which is hereby QUffCLAIIriED to Grants.
Also {mown as: (vecmt hind)
GRANTOR HEREBY RESERVES TO TfSELF AND EXCEPTS FROM THIS CONVEYANCE two
P n8bt-af waY t £or the dri8mg, cDnstructicm, operation, mamtemns mfd improvwfent of two
(2) separate watt wells and related facilities. including associated prmythouses and pipelines upon Lot 9, Ells
C.R.V, Propertler Lrd Liability CD./fheodorc R. EclrTrvat
WarrantyDnd
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Ihlllllllllllll I IIII VIII III II II x890003 03 01P
sIIVIR ORVIfi PITKIN COUNTY 00 R 11.00 0 0.00
HOLY CROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BV THESE PRESENTS, that the undersigned,
THEODORE R. ECK TRUST
00001
(hereinafter called "Grantor"), far a good and valuable consideration, the receipt whereof Is hereby acknowledged, does
hereby grant unto Holy Crass Energy, a Colorado corporation whose post ofFlce address is P. O. Drawer 2150, Glenwood
Springs, Colorado (hereinafter called "Grantee') and to its successors and assigns, the right of Ingress and egress across
lands of Grantor, situate in the County of Pitkin, State of Colorado, described as follows
A parcel of land situate In Section 20, Township 10 South, Range 88 West of [he 6" P.M., as more fully desalbed In
Book 738, at Pages 146-148, in the records of the Pitkin County Clerk and Recorder's Office, Aspen, Colorado.
And, to construct, reconstruct, repair, change, enlarge, re-phase, operate, and maintain an underground electric
transmission or distribution line, or both, with the underground vaults, conduit fixtures and equipment used or useable In
connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon
an easement described as follows:
An easement ten (10) feet in width, the centerline for said easement being an underground power line as constructed, the
approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part
hereof by reference.
The rights herein granted specifically allow Grantee to Install additional underground and/or pad-mounted facilities within
the easement described by the attached exhibit.
It shall be the Grantor's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed
hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at
all times. The use of such access by Grantee shall not require removal or alteration of any Improvements, landscaping, or
other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and
transformer vaults, nor along We power line route between the vaults. The ground surface grade at said transformer and
switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at Bald splice vaults shall be
even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and
accessible a[ all times. Improvements, landscaping or any other objects placed in [he vicinity of said transformers and
switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten
(10) feet of said transformer and switchgear doors shall be flat, level and free of Improvements, landscaping, and other
obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non-opening
sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this
paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections
will be made at the sole cost and expense of Grantor.
Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right
to pile spoils outside said easement during construction and maintenance, when such Is reasonably necessary for the
Implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described
use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that
landscaping or other surface Improvements added on Bald easement after the date of execution hereof will be minimized
and that Grantee will not be responsible (or damage to said additional landscaping or surface improvements caused by
exercise of its rights granted by this easement.
Grantor agrees that all facilities Installed by Grantee on the above described lands, shall remain the property of Grantee,
and shall be removable at the option of Grantee.
Grantor covenants that it is the owner of the above described lands and [hat the said lands are free and clear of
encumbrances and Ilens of whatsoever character, except those held by the following:
TO HAVE ANO TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges
appertaining thereto, unto Grantee, its successors and assigns, forever.
IN WITNESS WHrEREOF, Grantor has caused these presents o be duly executed on this ~ day of
/~/Lw , 20
~~~OTAR;
-0"-0~
STATE OF ~~ //'' ~~O~~ ))
G~70~sLrlJ-,SS, s~.;bUBL~~
COUNTY OF 1jx; ~_,,,,. ~;
The fore oing Instrument was acknuwlr
20~-, by THEODORE R. ECK AS
WITNESS my hand and official seal.
My commission ex_p/fires:
W/07t03-18443:EIk Mtn. Subd./Eck
THEODORE R. EC ,TRUSTEE
r~ -~g gA_1r
me this ~-day of
sled.\qulw\hX
PLEASE RETURN T0:
RwlaeE 1.16 Ol
MCLY CROSS EVER GY
P. D. OR Ak ER 2140
GL ENN000 SP RING S. CO 81602
II IIII, IIIIIIII II IIIIIII III 9890003 03:OIP
TKIN OWNTY CO R 11.00 0 0.00
EXHIBIT A
ELK MTN. SUBD /ECK
SEC,zO, T10S, R.88W,
LOC.81-55
W/^#18443
LOT
6
rKUruaLU LpT
HOLY CROSS ENERGY B
TRHNSFORMER UN-ERGROUN-
R2 \ POWER LINE
lOT
L5T ~.' '~~~ ~ . ` 7 LOT EXISTING
33 pVERHEAD S ENERGY
\_____,___________ _____ ____ POWER LINE
TRgN W ORMER EpOLEING / //'
LpT
34
LOT
24
23
LOT
21
M
M
LOT '"
35 >
Q
3
LOT ~
36
~ _
LOT '~
37 Q
H
LOT 0
38 Q
Q
a'
LOT
3s U
Lot
40
OOOC~_~
IIIIIIIBIIIINIII IIIIIIIIIIIIIII VIII III VIII IIIIIIII00SIB9O 0803 BiP
TRENCH, CONDUIT, qND VAULT AGREEMENT
This agreement Is made and entered Into this ~~'_ day of .V.f. , Y'; .,, _~~ 20 G' i
between THEODORE R. ECK TRUST, whose mailing address is 88 Elk Mo Main Drwe, Redstone, Colorado 81623,
hereinafter called "Owner", and Holy Cross Energy, a Colorado corporation whose mailing address is P. O. Drawer 2150,
Glenwood Springs, Colorado 81602, hereafter called "Holy Cross"
WHEREAS, Holy Cross has been requested by Owner to provide underground electric facllitles, hereinafter called "Facilities",
to serve a protect known as Elk Mountain Subdivision, hereinafter called'Project", and,
WHEREAS, ravner is required io provide all excavation, conduit and vault installa0on, backflll, compaction and cleanup
needed to construct said requested Facilities; and,
WHEREAS, Owner awns real property described as follows: A parcel of land situate in Section 20, Township 10 South,
Range 88 Wes[ of the 6" P.M., as more fully descrlbetl in Book 738, at Pages 146148, in the records of [he Pitkln County
Clerk and Recorder's Office, Aspen, Colorado, hereinafter called "Property", which Property iz the real properly where the
Protect is being developed; and,
WHEREAS, Installation of Facilities to serve the Project may require trenching or other excavation on certain real property
adjacent to the Protect described as follows: Nat Aoolicable, hereinafter called "Adjacent Land".
NOW, THEREFORE, Owner and Holy Cross agree as follows:
1 Owner shall provide all excavation, conduit and vault Installation, backflll, compaction and cleanup necessary for
Installation of Facilities to serve the Protect. Such excavation shall be located as shown on the cons[ruaion plans
approved by Holy Cross, and Oertormed In accordance with Holy Cross Vault Installation Specifications, Construction
Spedflcatlons and inspector requirements. Any deviation from the approved consvuction plans will not be made
unless approved by Holy Cross in advance. All Fadlitles Installed hereunder shall be Inspected during construction by
Holy Cross and shall meet all Holy Cross requirements prior to acceptance of such Facilities by Holy Cross.
a. Prior to commencement of any work hereunder, Holy Cross shall furnish to Owner Its Vault Installation
Specifications and Construction Specificatipns and such specifications are made a part hereof by reference.
b. All Facilities Installed within [he Property and Adjacent Land shall be within dedicated or conveyed and recorded
utlBry easements.
c. The top of all conduits installed hereunder shall be located a minimum of 48" below the Flnal grade of the ground
surface.
d. A twelve-Inch (1 2") minimum separation will be maintained between conduits Installetl for the Facilities and all
other new or existing underground utilities. Wherever possible, this separatlon will be horizontal. The Facilities
conduit separatlon from plastic gas lines shall be greater than this minimum wherever practicable.
e. Holy Cross will supply the necessary conduit and vaults for ins[alla[lon by the Owner upon completion of
contractual arrangements. Owner assumes responsibility far all material lost or damaged after such material has
been issued to and signed for by Owner or by an agent of Owner Alternatively, Owner may provide its own
conduit and vaults meeting Holy Cross specifications for use on the Project and convey such provided material to
Holy Cross with an acceptable Bill of Sale. After installatipn by the Owner and acceptance by Holy Cross, Holy
Cross shall continue as the owner of the conduit, vaults and related structures and facilities.
f. If conduit and/or vault installation provided by Owner for the Protect are found to be unusable or Improperly
constructed, irrespective of whether such discovery is made during or after installation, Owner will be responsible
far correcting said problems at Its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all
additional costs resulting from conduit and/or vault Installation being unusable or improperly constructetl.
2. Despite [he fact that Holy Cross reserves the right to specify acceptable work performed hereunder, Owner shall
perform work hereunder as an independent contractor, Including, but not limited to, the hiring and firing of its own
employees, providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings,
and fees connected with its work on the Protect.
3. Owner shall obtain all necessary digging permits and utility locations prior to excavation for work pertormed
hereunder. Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will
be undertaken within five (5) feet of existing untlergrountl electric facllitles except under the on site supervision of a
qualified Holy Cross employee.
4. Owner shall indemnify, save, and hold harmless Holy Cross, Its employees and agents, against any and all loss,
liability, claims, expense, suits, causes of action, or Judgments for damages to property or injury or death to persons
that may arise out of work performed hereunder, or because of a breach of any of the promises, covenants and
agreements herein made by the Owner. Owner shall promptly defend Holy Cross whenever legal proceedings of any
kind are brought against it arising out o(work performed hereunder. In [he event Owner shall fall to promptly defend
Holy Cross, it shall be liable to Holy Crass, and shall reimburse it, for all costs, expenses and attorney fees incurred in
defending any such legal proceeding. Owner agrees to satisfy, Day, and discharge any and all Judgments and fines
rendered against Holy Crass arising out of any such proceedings. Owner also agrees to promptly satisfy and pay any
monetary settlements of disputes that arise hereunder, provided Owner has been given the opportunity to Join In such
service dist9tsef In Ileu thereofowhenevernOwnerois al governmlent orad eltr c[ it shall procure and maintain In leffelct at
least f1,000,000 of public liability insurance covering [he acts, damages and expenses described in the above
indemnification clause. Upon Holy Cross' request, such a Owner shall furnish a Certificate of Insurance verifying the
existence of such insurance coverage.
Owner shall repair, at Its expense, any excavation settlement and tlamage to asphalt paving or other surface
Improvements caused by such settlement reesulting from work performed hereunder within the Property and Adjacent
Owner~at iPS elxpense, sha I stop the growth of thlsdest and/orilother nlozlous weedsrin all areas disturbed by
excavation performed hereunder for a period of Rvo (2) years beginning on the date backflll and cleanup are
completed.
In the event Owner shall not promptly complete all of [he obligations hereinabove agreed to be performed by Owner,
Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and
obligations undertaken by Owner herein, and if such Is not completed within 30 days aher receipt of such notice by
Owner, Holy Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the
work, all costs of completion shall be chargeable to and collectible from Owner.
W/Ok03-18443:81 ~51 :Elk Mt. Subtl./Etk ,r.a,to,,,~tr.s Page 1 of 2 Revised 3~i6~o3
(,i '7 PLEASE RETURN T0:
0 0 o U A 0 MOLT CRO55 ENER Gy
P, 0. ORpMER 2150
_,_ ~ GLENM000 SPRINGS. CO 81fi02
IINIIIIIIIIIIIIII IIIIIIIIII IIIIII IIII III VIII IIIIIIII008900g0 3:01P
8. AS set fotth in paragraph 1 above, Owner covenan[5 that the trench, and all Facllltles within the trench installed
hereunder shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below
finished grade. It shall be the obligation of Owner to properly locate and construct the Facilities within the easement.
Should It ever be discovered that such Facllltles have not been properly located within dedicated or conveyed and
recorded utility easements, or at the proper depth, It shall be the obligation of Owner to provide new easements for
the actual location of the Facilities, or to relocate the Facilities within the easement, all of which shall be at the sole
cost and expense of Owner.
9. It shall be Owner's responsibility to ensure that splice vaults, swltchgear vaults and transformer vaults Installed
hereunder on the Property are accessible by Holy Cross boom trucks and other necessary equipment and personnel at
all [Imes. The use of such access by Holy Cross shall not require removal or alteration of any Improvements,
landscaping, or other obstruttlons. The ground surface grade shall not be altered within ten (10) feet of said splice,
swltchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at
said transformer and swltchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at
sold splice vaults shall be even with the top of [he pad. The manhole opening of said splice vaults shall be uncovered
(excluding snow) and accessible a[ all times. Improvements, landscaping or any other obJetts placed in the vicinity of
said transfprmers and swltchgear shall be located so as not tp hinder complete opening of the equipment doors. The
ground suface within ten (10) feet of said transformer and swltchgear doors shall be flat, level and free of
Improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a
minimum of four (4) feet from non-opening sides and backs of Bald transformers and swltchgear. Owner hereby
agrees to maintain the requirements of this paragraph and further agrees to correct any violations that may occur as
soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner,
7 0. Owner covenants that it Is the owner of the above described Property and that said Property Is free and clear of
encumbrances and liens of any character, except those held by the following.
The promises, agreements and representations made by Owner herein shall be covenants that run with the Property
and shall be binding upon the successors In Interest, and assigns, of the Property.
Holy Cross Energy, a Cololrn~ado~ corporation
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Ric and Brinkley, THEOD RE R. EC(C, TRUSTEE
Gen rat~Ma, n~/a~g~e~r,- Regulate (Services
STATE OF jJ
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me thisr^day of OS 20~
by THEODORE R. ECK AS TRUSTEE.
WITNESS my hand and official seal,
My commis`` P ~ rr , /2 O
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g`~0F-.••'••' •~O ~ Notary Public •
z e. OTAR 9 ~ ~~14./ccl~oa~
3 i N y •: Address: ~ rJgp
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STATE OF -,c.Y~3#1Rl!4~o 1
COUNTY OF,~4A~re -~'~. 1 )ss.
The foregoing instrument was acknowledged before me this ,JQ~ day of ,~s in t~. i ( y , 20 b. ~
by Richard D. Brinkley, General Manager -Regulated Services of Holy Crass Energy; a Colorado corporation.
WITNESS my hand and official seal. S.OAy/ry"
My commission expires: ~ /-~y~ .'NOj•••'
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Address 0 rOp:f ~lli~ t (tr, 8(60/
W/O#03-18443:81-S1;EIk Mtn. Subd.`Eck
Tnnch, Conduit snd Vauh agreemem
Holy Cmzs Fneray
rt+.la\euem\rd Page 2 Of 2 Rwlsed 3~26~03
00008
Estewart
WRITTEN OWNERSHIP AND ENCUMBRANCE REPORT
Order No. 11404
Customer Ref.: TBD Elk Mountain Drive
LEGAL DESCRIPTION:
Date: Mazch 28, 2008 at 7:30 am
FEE:
Amended Lot 26
AMENDED PLAT OF LOTS 5-18 & 26-40 OF THE ELK MOUNTAIN SUBDIVISION AND
ECK 1041 HAZARD REVIEW SITE PLAN & LOT LINE ADJUSTMENT (NORTH)
according to the plat thereof recorded September 11, 2003 in Plat Book 67 at Pages 8 and 9 as
Reception No. 488296.
EASEMENT:
Together with anon-exclusive easement across the adjacent portion of Lot 27 to access the
existing electrical service in place and anon-exclusive easement along the existing underground
electric power tine that crosses portions of Lots 27, 24 and 32, for the purpose of repairing and
upgrading electric service.
COUNTY OF PITKIN, STATE OF COLORADO
APPARENT OWNER OF RECORD:
JAMES W. RIKKERS and LISA K. RIKKERS
Deeds of Trust. Liens and other Encumbrances which nuroort to affect the above
descnbed nronerty as disclosed by the records of the Clerk and Recorder of Pitkin
Countv. Colorado:
1. Deed of Trust from James W. Rikkers and Lisa K. Rikkers to the Public Trustee of the for the
use of Wells Fargo Bank, N.A. to secure $113,524.60, dated December 21, 2004 recorded
January 3, 2005 as Reception No. 505647.
The liability of Stewart Title of Colorado, Inc. for any errors or omissions in the information
provided is limited to the amount paid for this report. Maximum liability is further limited to our
customer. There is no expressed or implied warranties that this report is reliable for title
information and, therefore should be verified by a Commitment for Title Insurance.
No representation is made to the completeness; validity, or the legal sufficiency of such
documents, nor have any of such documents been examined to determine whether or not there are
any Exceptions, Reservations, Encumbrances or other matters which might be detrimental to
Title.
000019
Stewart
title of Colorado
No search has been made for any prior Restrictions, Covenants, Easements, Rights of Way, if
any, recorded prior to the commencement of this search.
Ce tion ch: March 28, 2008
CHU K DORN
Authorized Representative of Stewart Title of Colorado, Inc.
o®U~~®
April 14, 2008
LETTER OF REQUEST
We aze requesting that the vested rights be reinstated for Lot 26, Elk Mountain
Subdivision. We aze in agreement to continue to abide by the regulations and
requirements that pertain to said property per Resolution No. PZ-Ol-03.
We aze not requesting that the building envelope be modified in anyway which would not
and will not change the grade of said envelope.
000041
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000023 = ~ ~
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) AGREE AS FOLLO
for~~tflc~rt-Wit.-~r~~r n~
PROJECT).
~. APPLICANT understands and agrees that Pitkin County Ordinance No. 08-2008 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 incurred 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. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to
collect full fees prior~o a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $~_ ~,~rhich is based ono 8' 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 APPLICANT
~.
Cindy Houben Print Name
Community Development Director
Signature
Malting
Effective 4/9/08
G:county\admin\forms\agreement to pay
;~~I~
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PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff
PHONE; (970) 920-5093
DATE: 3/13/07
E-MAIL: suzannewla~co oitkin co us
LOCATION: Elk Mountain Drive, Amended Lot 26, Elk Mountain Subdivision
PARCEL ID #: 272920205073 ZONE: AR-10
OWNER/APPLICANT: Jim & Lisa Rikkers
REPRESENTATIVE: Sherry Rubin
EMAIL: srubin@masonmorse.com
Type of Application: Reinstatement of Vested Rights
Description of Project/Development: Applicant is requesting to reinstate the vested rights for the building
envelope approved pursuant to Planning Commission Resolution No. PZ-01-2003.
Land Use Code Sections to address in letter of request/application:
- 2-20-170(d), Extension of Vested Rights
Review by: BOCC
Public Hearing? NO.
Staff will refer to: Elk Mountain Subdivision HOA, Crystal River Caucus
FEES: $1,153(make check payable to "Pitkin County Treasurer")
- $998 Planning flat fee (non-refundable; based on 4 hours of staff time; if staff review time exceeds 4.8
hours, the Applicant will be charged for additional time in excess of 4 hours at a rate of $249/hour)
- $155 Clerk
To apply, submit 9 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;
2. Copies of prior approvals;
3. Consent from the owner of the property for the representative to process the application and represent the
owner (1 copy);
4. 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.
5. Street address (if any) and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating
the subject property within Pitkin County;
6. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (1
copy) (form attached);
7. This Pre-Application Conference Summary Sheet.
0000?5
NOTES:
- PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION.
PLEASE SUBMITTWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (lF
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.
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N 01'4323" E
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on June 27, 2008, the Pitkin
County Community Development Director granted approval for the Approving the Rikkers
Activity Envelope (Case P062-08; Deter. #060-2008). The property is located at 0 F,lk
Mountain Drive and is legally described as Lot 26 Elk Mountain Subdivision. The State
Parcel Identification Number for the property is 2729-202-OS-073. This site-specific
development plan grants a vested property right pursuant to Title 24, Article 68, Colorado
Revised Statutes.
S/Cindy Houben
Community Development Director
Pitkin County, Colo~ado
Published in the Ashen Times Weekly, on July 13, 2008.
PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
PHONE# (970) 920-5526/FAX# (970) 920-5439
April 25, 2008
Sherry Rubin
0290 Hwy 133
Carbondale, Co 81623
srubin@masonmorse.com
Re: Rikkers Reinstatement of Vested Rights
(PID#2729-202-OS-073; CASE# P062-08)
Deaz Ms. Rubin:
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. At this time we are requesting an additional $25 for the
Clerk Technical Fee.
We have scheduled this application for review by the Board of County Commissioners on
Wednesday, May 28, 2008, at a meeting to begin at 12:00 P.M. in the Plaza One Meeting Room at
530 East Main St., Aspen. Should this date be inconvenient for you, please contact me within 3
working days of the date of this letter. After that the agenda date will be considered final and
changes to the schedule or tabling of the application will only be allowed for unavoidable technical
problems. The Friday before the meeting date, we will call to inform you that a copy of the memo
pertaining to the application is available at the Community Development Department.
If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093
Sincerely,
Bonnie Waechtler
Administrative Assistant
PTTKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5526 FAX (970) 920-5439
MEMORANDUM
TO: E(k Mountain Subdivision Homeowners Association
Crystal River Caucus
FROM: Suzanne Wolff, Community Development Department
RE: Rikkers Reinstatement of Vested Rights
(CASE P062-08; PID 2729-202-OS-073)
DATE: April 25, 2008
Attached for your review are materials for an application submitted by Jim and Lisa Rikkers. The Board of
County Commissioners will review the application on Wednesday, May 28, 2008.
Please return your comments to me by Friday, May 16, 2008.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE
NO FURTHER NEED OF THEM.
Thank you.
Suzanne Wolff
From: Bob Dupre [dupre@hughes.net]
Sent: Wednesday, May 14, 2008 11:29 AM
To: Suzanne Wolff
Cc: Tom McBrayer
Subject: Dase P062-08/PID 2729-202-05-073 Rikkers
Suzanne -
With regard to the Rikker's request to reinstate the vested rights on Lot26, Elk
Mountain Subdivision; the Crystal River Caucus Board of Directors feels that since the lot
is a private residential building lot residing within a subdivision, and does not impact
the Caucus area as a whole, that the county process of notifying adjacent owners, along
with the Caucus procedure, of notifying Caucus members via public service announcements of
the BOCC hearing date, shpuld allow adequate input from Caucus members that feel a need to
comment.
The Caucus is aware that phis lot is one of 4 lots requiring comment from the Caucus on
the proposed visibility o~ a home, prior to permit application, and will deal with that
issue if and when it arisQs.
Tom McBrayer
Chair
prepared by Bob Dupre, Secy.
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00025877
Name: James & Lisa Rikkers Date:4/25/2008
Project Address: 0 ELK MTN DR
TYPe: check # 6036
Permit Number
Fee Description
Amount
0062.2008.P1AN PP- Flat Fee
0062.2008.PLAN PP-Clerk Fee
Total:
998.00
155.00
1,153.00