Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
pitkin.planning.291102100002
DOCUMENT LAYOUT THIS FILE MA'Y OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IiV 'THE FOLLOWING ORDER Summary Sheet Resolntion for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Pu61ic Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Piat copies (llxl'~ r ; ~ ~ r, _..,., a .. DETERMINATION OF THE HEARD~TG OFFICER O'1± PI'1`l~`O>S`IVTl' COI.O'R~{D" "`U, ~` ` ~ ~ ~ ,,.;. "" GRANTING APPROVAL OF TIIEI~'`RGEN"104'I~H~~V~A'1"~D"~~tj'~"CE~e~L~n' " , `I` " <. _, SUBMISSION Determination No.(~-2002 RECITALS 1. Frank Bergen ("Applicanf~ has applied to the Pitkin County Hearing Offcer for 1041 Haiard ~ ~ Review and Conceptual Submission to establish a building envelope around the existing improvements (residence and sepfic system) on the property aqd to allow forthe replacement of the existing residence. 2. The property is addressed as 201_ Conundrum Drive and is more specifically described in Exhibit A. ~ 3. The property is zoned AFR-10. The property contains approximately3.5697 acres (155,494 square ~' feet) and isnon-conforming in size. 4. The Hearing Officer, at a duly noticed public hearing on April ] 6, 2002, reviewed this application; and at which time evidence and testimony were presented with respect to this application. 5. The Hearing Officer finds ~~ Iitsyapplication proposes development in the best possible location, given thehazards identified on the e NOW THEREFORE BE TT RESOL~El6by the Pitkin County Hearing Officer that he does ,, hereby grant approval to the Bergen 1041 Hazed Review and Conceptual Submiss'FOn, subject to the ' following conditions which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application, dated October 18, 2001, and public meetings. 2. Prior to submittal of any building permit applications, the Applicant shall record a 24 x 36 inch mylar 1041 Hazard Review Site Plan in accordance to Section 5-70-040 of the tiand Use Code. The site pystem (G1S). bTlle siteFplanlshal include tl"ie folSowFngratFOn into the County Geographic Information S A. The three existing spruce trees identified in the Colorado State Forest letter dated December 5, 2001, shallbe identified on tie s3Ye`plan Wildfire mitigation shall be as follows: A. Defensible Snace: 1. The azea around all structures 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'vegetationpetterns have already fulfilled these conditions): a. With respect to the three existing spruce trees identified by the Colorado State Forest Service, some oftbe branches oftliese trees s~ialf be removed so they do not touch any structures. Paq~, 3 of 8 IIIIIII11111119~l~II~CI~CI~~IIIIi~~~~IIIIIII~hF~.~~ r SILVIp DRVIS 7ITK IN CoUNTy CO 05/08/2002 02:39F R 0.00 Q 0.00 Determination No. L-2002 Page 2 .,. b. Any future planting of trees should be doneso that any side branches will be no closer than 10 feet measured from the outermost branch. c. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Structural Desiert and Construction Reouirements: 1. Roofs shat] have anon-combustible roof covering on a Class A assembly. Wood g g P lesskthan 3:12 pitch are n t permittedbnre1041 aWildfire Areas unless theycofs with the following: mply with a. All roof c Building assembly. b. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. c. All roof design shall facilitate the natural process of cleazing roof debris. Protrusions above the roofline, such. as parapets, shall be prohibited d. Roofs shall be installed as required by UBC 1997 Chapter 13 and shall have a minimum slope of i:48. e. Alt roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Ivtazshalf prior to submittal of a building permit application. 2. All vents shat l be screened with corrosive resistant wire mesh of one quarter inch maximum. C. Maintenance: ]. Roofs and gutters shall be kept clear of debris. 2. Yards shall be kept clear of all litter, slash, and flammable debris. 3. All flammable materials (including firewood%wood piles) shall be stored on a parallel contour a minimum of I S feet away from any structure. Firewood(wood piles shat! be stacked on a parallel contour' a minimum of 13 feet away from al] structures. D. Miscellaneous: 1: Fences shall be kept clear of brush and debris. 2• Wood fences shaltnot be connected to the structure. 3. Fue] tanks shah be installed underground with an approved container. IIIIII ~1II I~IAI~ II,I III~I I~~III~~~I II~ III IIII III 0~3/~08 20 2 E2:39f 5iLVIp p1VIS PITNIN COUNTY CO R 0.00 ~~ ~ 0 0.00 __ _ _ Il Determination No. ~-2002 Page 3 4. Each structure shat! have a minimum of one 1016. ABC fire extinguisher. 5. Addresses shaft be clearly marked and visible with minimum2" non-combustible letters and shall be clearly visible at the primary point ofaccess from the public or common access road and installed on anon-combustible post. 6. Any outbuildings or addi6onai buildings shall adhere to the same standards as structures. E. Utilities: 1. Utility lines shall 6eburied. 4. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, construction parking or staging and vegetation removal or disturbance shall occur outside of the approved building envelope unless otherwise specified in this document,. such as necessary wildfire mitigation. Utility extension and maintenance shag occur within the approved building envelope and/or within file existing driveway alignment. Y water consumefionland addbional srunoff with 11 be revegetated with native shrubs and grasses to limit p in one growing season of the project's completion. Landscaping and revegetation on the property shall utilize low water (xeriscaping) native plant materials and concepts. 6. The Applicant shall comply with ffie following wildlife mitigation: A. Wood fencing shall employ 3 rails or less, be the round orsplit rail type, shall not exceed 48 inches in height above ground level and 12 inches in width (topview), and shall have at least 18 inches between two of the rails. Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. All waste storage shall comply with Wildlife Protection OTdinan Certificate of Occupancy, compliance with the ordinance shall ha a No. 02 0-2001. Prior to verified. C. Native vegetation shall be preserved outside of the building envelope, with the exception of any thinning and spacing required to accommodate wildfire mitigation. D. No riparian or wetland vegetation shall be damaged or removed, E. Tall, overly mature and standing dead cottonwoods and spruce shall be retained whenever possible as nesting and roosting habitat. F. Any vegetation altered for an access road, utility line or similar use must be replaced with vegetation equal in type and quantity to that being removed according to a mitigation plan approved by the County Wildlife Biologist pursuant to section 3-80-080(A)(4) of the Pitkin County Land use Code. G. Only plant species that are identifed by the Pitkin County Revegetation Guide as being appropriate for wetland or ripazian areas, or native species found do occur on site buf not listed in the Pitkin County Revegetation Guide, may be introduced into or used for !i INIIIIIIIIII~I~IIIIII~IfINllll1111fIlII~IIIIIIINll00 6~ z92 02:38F D 0.®0 uti :7 . _ ; Determirtadion No. `~-2002 Page 4 revegetation of any wetland or riparian area. The planting or introduction of any other plant species should be prohibited H. Any areas outside of the building envelope disturbed during construction must be reyegetated with native plants according to a revegetation plan submitted by the Applicant and approved by the Nature] Resource Division prior to issuance of a certificate of occupancy. The elements ofthe plan are outlined in the County Wildlife's ~iofogisi letter dated February 27; 2002. 1 black bear activit s in the areas should be avoided iu any landscaping due to the high level of Y 7. If the existing septic system needs to be replaced in the future, the Applicant shal l obtain a septic ~ permit from the Environmental Health bepartmerit. Ali sewage disposal systems must be designed by a registered professional engineer. Sewage disposal system shelf be located within the approved building envelope. 8. A fireplace/woodstove application must be filed and approved by the Community Development Department prior to the issuanceof a building permit 9. The Applicant shat l comply with all codes and requirements of the Aspen Fire Protection District lpp Development o X30 inches abover below grade within the required properly setbacks requires . ~i. a royal of a variance b the Board of Ad'ustment. I 1. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope: The Fencing'shall remain in place until issuance of certificate of occupancy. 12. The Applicant shall submit a Drainage and Erosion Control Plan to the County Engincer for review and approval, prior to the submittal for any building permits. The plan shall address the management ofrunoffduring construction and after constructim is complete. 13. The recommendations in the Geoteclinical Tnvestigaton report conducted by CTL/Thompson, Inc, shall be followed. This includes mitigation for subsurface conditions, slope stability, retaining walls, garage foundations wall, construction sequence, site earthwork, footing foundation, and surface drainage. A copy of the final version of the geotechnical investigation report shall be submitted prior to the recording of this petermination as it will be Exhibit B. 14. At the time of buildin it a hcation submittal, the Applicant shall submit, for review and 8 P~ PP ~,_ approval by the County Engineer, a Construction Management Plan in accordance with the Asset Management Flan: The Construction Management Plan shall indicate that vehicles associated with consfruction (i.e. employee traffic, construction vehicles, stagingand deliveries) shalt not viclateCounty Law, such as packing on County rights-of--way. I5. Al] lighting shal I comply with the regulations of the Land Use Code. I' 16. Atl development must comply with the provisions of the Pitkn County Noxious Weed Management ~ Plan. SIIIIIIIIIgIv~~III~IIIIVIIII{F~III~I~~~IIIIIII~II~I~IIe 4fi 80 9 ~®®z.a9t .. :. Determination No. ~7--2002 Page 5 17. The Applicant shall comply with the following standards for development on slopes of greater than 15%: A. Adequate mechanical support shall be provided for cut slopes. B. Adding water which may decrease slope stability shall be avoided. C. Adding weight to the top of the slope shall be avoided. D. Disturbed slopesmust be contoured so that they can be revegetated. E, Steepening of existing slopes shall be avoided. F. Cuts, flls, grading and excavation shall be limited to the minimum'area needed for construction. 18. Pursuant to Ordinance No. 022.2000, the Applicant is subject to the hair Share Requirements and sha(1 pay a road impact fee as calculated at the time of building permit issuance. 19. Floor area shall be limited to 5,750 square feet exempt from growth management. Floor area shall be calculated based on the definition in effect at the time of building permit submiftal. 20. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County _... _. and Use Code and. Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-1 O5. The statutory'vested rights granted Herein aha11 expire on April 16, 2005. NOTICE OF PUBLIC HEARING PITBY.ISHED i1V THE ASPEIY'I'~ME5 `ON'~TlE-16~ DAY OF FEBUAilFY, 2002. _ - ~ ~'" .~ APPROVED AND ADOPTED ON THE I6"' pAX OF APRIL, 2002, VESTED RTGHTTNOTICE It7~I.~'HEYS'"b'!~~~T` ~ DAY OF h` 2002. HEARING OFFICER ATTE5Ti OFPITKINCOUN7`Y,COLORADO '" Isabel Calderon, l' James R. True, Administrative Assistant Hearing Officer Date: '-?~23/Q`? APPROVED AS TO FORM: APPROVED AS TO CONTENTi ~---- _: _....-- John Ely Cindy Houb n, Co ttorney Community Developmentbirector aGit-oat-c~o- co8 ecaa-ca II `f l~I' `) f I~ f I``` I `` N` SI~I~IiI11eIl~I1I~II~TI~IIVIdI~ITllllll~~l{yllfllhallll~1046 eo eeeez:ae~ ,. ,, -rr--.....-_ ., is .. i ~ ~. d rH', ~a~a~~ EXXIEIT A Order Number: aoo7a773 LEGAL DESCRIPTION X trace o! laced aS tooted vi thla the bouadaz ae o B. E. 3. No . ,» ... ...>...,.. _ I ,.. No. 114 being located in 8seeioa ~, Towarhiy SS Bouth, Range 8 6th Prinoipal Neridtaa aced is Sactian35, Tevnshty 30 South, A ehe 6th priacipsl xeridiaa, described as follow..' i i i of q p r No. 1 aced Cesaer xo. 21 a! Hs inatag at a oiat en the liaa betwea Corne H.8:3, Ne. 234 vhsaoe said Cerner No. I bsara South 1.27 Salrt 130 42 leetl; thaace North 1°i7' ifert f5.67,teet to ,,,the Morph 1iae,ot,eai,d Tavaahip 13~- 9euth, Range OS Nutt theaee ersag 1]7.63 i~ag_al ong North Iins of raid Towluhip 11 Bav th, Range ~~85 i West, Co the W~stsa'Iy Beak o! Cattle CseakJ thencs Sough 15.0' aaet 91..16 feet along the Weatarly beak of CxetIe CrenkJ thenae South 5.0' West 234.50 fs~t aleaq WuterIy beak of Castles Creek) j thence Bough 37.0' itaet 7?0.00 lesp,~Ioa aai~-Nrts$1 book o! Caat3e Creek) Y tkagce South 4 77 Wert 53.00 teat al~oa the N tbeaasBovth 71 06' Nest 230.00 lest along Weresta~Iy bank of Caaele Creek; ! • terl beak at Caetls Creeks ~ 4 erly bank et Caetle creeYf ~ .. ....... ._... q. ~ ~ t thence Sou tb 7°37' West I76. Qa feet aloes Wutzly beak o! Caetly Creek) ~ thaacs South 0.1!' Beset BS.OOteet along Werte "" • ozth 75.14' soot Of Oa fset;~ , tbaaaa North 75 10' last 53.10 t~.tr thsnw N .., .. thence North f5 18 $~et 67.00 feet; phsaaa North 77 l,~!:rEa,rt IS8 42*feet~~. thaacs North 5•f7' 8'aet 115.80 facet) theads EIorth i9'S5' Sut 7H 94 fes G;~ .. .. ,. .. ,,. .... _ v_ ,,...w._ _. .., .,....,.,.::. .. theaee North 15.37' East 76,18 feet to ayoiat on the l~aa betlwesa Cora ar iNO. 1 aced Comer No. 7J ~ '' thsace North 5.7 D' Sasc 734.15 feat along the'Iiaa betweaa Corner No.. 1 .,and Cosasr No. 7J ehaaee North 11•f9'~Wesg 67.77 feet/ i thrace North 9.58' $ast 187..71 t~et po the point o! 8egiaainq, as hereiabefore described. i COOxTY OP pSTI'IN, BT]lT; OP COLGRxDO. 467197 IIII~InI~II~I~NIIIII~~~INIi1111~IINNllll~ie0Sg08n m0®m2.3~ S]LVti1 DAViS PiT _ ~ ~.~ ~, ~ ~~ MEMORANDUM TO: Pitkin County Hearing Officer THRU: Lance Clarke, Assistant Director FROM: Tamaza Pregl, Planner* RE: Bergen 1041 Hazard Review and Conceptual Submission DATE: April 16, 2002 Q PP q $ Subm~ on to0es'tablEish a buildin envelop a around thesexistin 4im rovemenview and Conceptual g P g ~ p is on the subject property (primary residence and septic system) to allow for the replacement of the existing residence. APPLICANT: Frank Bergen REPRESENTATIVE: Derek Skalko of Studio B Architects LOCATION: The property is addressed as 201 Conundrum Drive. ZONING/LOT SIZE: The property is zoned AFR-10. The property contains approximately 3.5697 acres (155,494 square feet) and is non-conforming in' §ize~ ' REFERRAL COMMENTS: Referral agency comments received aze incorporated throughout this memorandum and are attached for reference. STAFF COMMENTS: - 1041 HAZnxn REVtF,w The Hearing Officer may grant approval of a 1041 Hazard Review and Conceptual Submission based on a Snec f hazazds,lre ouroes andsreancommendedemiUg tion measures azediscus0 of the Land Use Code. p sed below: Wildfire: Vince Urbina of the Colorado State Forest Service has reviewed the application and has rated the wildfire hazard within the proposed building envelope as medium. A copy of Mr. Urbina's comments were trees that are located ad'acent to the existin rtm residence. Since the roe owner would like to retain these spruaesl'Mr. Urblina hasbmd~ aed thatome branches needtto belremo ed so they do nottoue ch the future structure. Mr. Urbina has noted that anyfuture planting of trees should be done so that any side branches will be no closer than 10 feet measured from the outermost branches. Mr. Urbina did not offer any g ppdazd wildfire harerd_conditions outlined in the`L'and Use Code have been inclluded in the deteermin t on of aanroval. ;. __ Bergen 1041 Hazazd Review, And Conceptual Submission April 16, 2002 Page 2 Wildlife: Jonathan Lowsky, County Wildlife Biologist, reviewed the application and has indicated that the proposed development is entirely within the ripazianareas of Conundrum Creek: However, since development is proposed on the site of an existing residence, Mr.Lowsky has indicated that rt is unlikely that this development will result in any additional loss of wildlife habitat or disturb any remaming important ecological communities. Mr. Lowksy las noted that the property occupies high quality black bear habitat. Mr. Lowsky has offered a number of wildlife habitat mitigation measures which have been incorporated as conditions of approval. Riparian Habitat: Pursuant to Section 3-80-080(G) of the Land Use Code, Development shall be prohibited within riparian, shoreland, and wetland areas with the exception that bridges, roads, utility crossings and other structures such as irrigationdevices may be permitted upon a finding that there is no feasible alternative location and that any impacts will be adequately mitigated. In the event that there is not hazarc~free area on the site and a development application is denied, an Applicant may petition the Board of County Commissioners for consideration pursuant to Section 3-290 of the [Land Use CodeJ. If development is permitted or an appeal is granted by the Board, an application shall be reviewed according to'the standards [outlined in section 3-80-0$0(G)(1-14) of the Land Use Code). Staff is of the opinion that since Mr. Lowksy has indicated that the proposed development application will unlikely result in additional toss of wildlife habitat ordisturb any remaining important ecological communities, denial of the application shall not be required if the specific mitigation measures outlined by Mr. Lowsky and the Land Use Code are followed: Floodplain: The Applicant has identified the "mean appazent high water line" on the property. IVo development is proposed within this area. Pursuant to section 350-040 of the Land Use Code, Development is prohibited within a twenty foot (20) strip of land measured horizontally from the mean identifiable high water mark on each site of any river stream or creek The Applicant has indicated on the site plan that the proposed building envelope lies 20 feet back from the high water mazk that has been delineated on the site plan. It appears that portions of the existing residence, including decks, Tie within this 20' area, however, these existing improvements will be removed and not replaced upon the construction of a new residence. The Applicant has provided a Floodplain analysis conducted by Beach Environmental LLC. It was conc u ed in the analysis that if waters do cross that I00.yeaz floor plain boundary, waters reaching the any gh tS' y • P _ , house will not c enou veloci to adverse] tm act the structure. Theorefically modeled conditions indicate flood flows aze not anticipated to reach the house. Staff is unclear as to what 100-year foodplain that Beach Environmental LLC is referring too. According to the FEMA maps in the Planning Office, the floodplain is not identified along Conundrum Creek adjacent to the subject property. Pursuantto Section 3- 80-040, Floodplain Hazard Areas, of the'Land i7se Code; it states that "... Where the 100 year or intermediate regional flood has not been established, this regulation shall apply to all lands within an area f () hih h water line on an oriver,tatream or materialal feet (whichever lmsd areas is greater) from the existing g y drainage channel." This has been identified on the site plan submitted with the application. {..- 4 J c~_ _: . Bergen 1041 Hazard Review, And Conceptual Submission April 16, 2002 Page 3 Slopes: The majority of the proposed building envelope contains slopes less than 15%, however, on the east side of the proposed building envelope adjacent to Conundrum Creek Road, the slopes aze in exceed of 30%. This area is currently where the existing retaining wall is located. As noted in the geotechnical investigation conducted by CTL/Thompson, Inc. the retaining walls and the garage foundation wall have experienced movement and rotation. The Applicant is proposing to improve the retaining wall and install a slope retention system, in accordance to the recommendations of CTL/Thompson, Inc., prior to the construction of the new residence. As represented on the site plan, the proposed building includes the existing retaining wall. It is staffs understanding that no disturbance to improve the retaining wall outside of the proposed building envelope will be required. It is staff opini slopes of 30% or greater for the purposing of improving the retaining wall fit n, that the encroachment on S under the slope exemption and shall be allowed. The steps outlined on page 8 [Construction Sequence] in the CTL/Thompson, Inc. report shall be followed to the maximum extent possible. The Applicant's representative has requested to straighten a portion of the lower retaining wall adjacent to the garage to allow for better access. This would require disturbance of slopes of 30% and greater, however, it appears that this portion of the retaining wall is covered in the steps outlined in the CTL/Thompson, Inc. report. D CONCEPTUAL SUBMISSION Water: There is an existing well on the property located outside of flee proposed building envelope. The existing well is located within the 20' stream setback discussed earlier in this memorandum. It is staff's understanding that there is no reason to replace the existing well. However, if the well is replace] in the future, proof of adequate quantity and quality of water shall`be provided to the Environmental Health Department. In addition, any future wells shouldbe located within the approved building envelope. Sewer: The property will be serviced by an individual wastewater disposal system (ISDS) which is located north of the existing residence within the proposed building envelope. fihe Environmental Health Department (EHD) has provided comments which aze attached to this memorandum EHD issued a permit for a mound system in 1987. That system was designed to serve a 3-be~ioom house. Although V requirements have changed throughout the years, the system appears to have been oversized. EHD has noted that any additions to the existing septic system will need to meet current regulations. If the system would need to be replaced in the future, it shall be located within the approved building envelope Drainage and Erosionand Erosion: The Applicant shall submit a Drainage and Erosion Control Plan, including recommendations (page 13 of said analysis) outlined in the CTL/Thompson, Inc. geotechnical investigation (dated April 1, 2002), to be reviewed and approved by the County Engineer. Utilities: Utilities currently service the existing residence. There is a propane tank located adjacent tothe well outside of the proposed building envelope and within the 10' stream setback. It is staffs understanding that if the tank is abandoned, it will not be removed. Replacement ofthis tank shall be further reviewed by the Community Development Department. Utility lines shall be under-grounded. A""~ i_ , Bergen 1041 Hazard Review, And Conceptual Submission April 16, 2002 Page 4 Access: Access to the property is via Castle Creek Road to Conundrum Creek Road. There are no proposed changes to the existing driveway. Fire: This application was not referred to the Aspen Fire Department. Development on this prq~eriy is subject to the rules and regulations of the Fire Department. - OTHER Comments were received from the Mazoon/CaStle Creek Caucus, The Caucus has raised two concerns with the proposed application, which include the old septic system and the buriedpropane tank. The `Caucus is not opposed to the slight adjustment to the bank to accommodate an easier access to the gazage (a request that was not included in the applicationand discussed previously in this memorandum). At the request of the County Engineer, the Applicant has provided geotechnical investigation for the subject property with respect to the demolition and replacement of the primary residence and the existing retaining wall. Bud Eylar, County Engineer, has reviewed, the draft, copy of this investigation, conducted by CTL/Thompson, Inc., which is attached to this memorandum Mr. Eylar has indicated thaf based on the investigation it is acceptable to demolish the existing residence and construct a new retaining wall if the 6 recommendations outlined in the investigation analysis (listed on page 1 & 2)aze followed and that the sequencing of demolition (beginning on page 8 of the analysis) as recommended by CTL/Thompson Tnc. is followed. A final draft of this investigation shall be submitted prior to recording the Hearing Officer Determination, since it will beattached to tTie~IjBtermination as an exhibit. F S RECOlVIlVJ~NDATION• Staff recommends that the Hearin Offi Hazazd Review and Conce tual Submission, subject to the conditions in the a facer Determination. p ~ g ttachedrHearing Ofgen 1041 ATTACHMENTS: 1. Draft Determination 2. Wildlife Biologist 3. Environmental Health 4. Maroon Creek Caucus 5. County Engineer 6. CTL/Thompson Geotechinal Investigation analysis (draft copy) dated April 1, 2002 Application and site plan submitted separately. *Ms. Pre has a asters in Drban Planning, from ~e Un''ievaeYSity o, j Wisconsi~Iwaukee. Ms. Pregl lurs Eea~ working with Pitkin County Canmuni Develo ment De arnnent as a Planner or 4 ~ACHi~Et~T 2-- ,, PITKIN COUNTY WILDLIFE & NATURAL RESOY7RCE ECOLOGY "' TO: Tamaza Pregl, Community Development FROM: Jonathan Lowsky, Wildlife Biologist SUBJECT: Bergen 1041 Hazard Review & Conceptual Submission DATE: 02/27/2002 _,_. The proposed development is entirely within the npanan area of Conundrum Creek. The development, however, is proposed on the site of an extshng house Consequently, it is unlikely that this development will result in any additional loss of wldli~e~iabtat or disturb any remaining important ecological communities. The property occupies high quality black bear habitat. Given the above information, the following conditions will reduce the impacts of the proposed development on ecological communities: 1. An orange safety fence should be required azound the building site to prevent any unnecessary vegetation disturbance during construction. 2. The building envelope must be no closer to the mean high water mark of Conundrum Creek than the closest pre-exisfing structure. 3. Wood fencing shall employ three rails or less, be the round or spit 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. Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. 4. Installation and use of approved bear-proof trash containers as required by the 2001 Wildlife Protection Ordinance. Verification of this condition should be required before issuance of a certificate of occupancy. 5. Native vegetation must be maintained outside the building envelope as per Section 3- 80.80(A)(3). 6 of the Pitkin County Land Use1Codeall be damaged or removed as per Section 3-80.80(G)(3) 76 SERVICE CENTER ROAD ASPEN`, CO ~8'16f1 ~'" PHONE; 970.920.5395 ~ FAX: 970.920.5374 ~ ~ ' 7. Tall, overly mature and standing dead cottonwoods and spruce should be retained whenever possible as nesting and roosting habitat as per Section 3-80:80(A)(13) of the Ptkin County Land Use Code. 8. Any vegetation altered for an access road, utility line or similar use must be replaced with vegetation equal in type and quantity to that being removed according to a mitigation plan approved by the County as per §3-80.80(A)(4) of the Pitkin County Land Use Code. 9. Only plant species that are idenfified by the Pitkin County Revegetafion Guide as being appropriate for wetland or riparian areas, or native species found to occur on site but not listed in the Pitkin County Revegetation Guide, maybe introduced into or used for revegetation any wetland orriparian area. The planting or introduction of any other plant species should be prohibited. 10. Any areas outside the building envelope disturbed during construction must be revegetated with nafive plants according to a revegetation plan submitted by the applicant and approved by the Natural Resource Division prior to issuance of a certificate of occupancy. This plan must contain the following elements: A. The name of the project; B. The name, address and phone number of the person preparing the Revegetation Plan; C. The name, address and phone number of the person(s) responsible for executing the plan; D. If applicable, the availability of irrigafion water and, if available, the amount of water, the name of the ditch companyand the method of delivering water to the site; E. A brief narrative describing the planting and seeding methods; F. A description by common and scientific name of the species of plants to be used, seed ratios and source, and container size or caliper measurement of plants to be installed; G. A drawing of the site with the location of plants to be installed shown clearly. H. 'The building envelope must be set back 20 feet from the Maroon Creek high water line as per Section 3-50.40(A) of the Pitkin County Land Use Code. 11. Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level of black beaz activity in this area. . e._,.... .... ,,,~~, gyn.. _,~.. ,...~~,.;;, a nK r;. I v Bexgen 1041 Referral Memo Page 2 2/28/2002 .G,~„ ....... s. ,... ,~~,: fi.~,~~ Tor Tamaza Pregl, Community Development CC: Norm Mazrah, Emironment2l Health Director From: Carla Block, Environmental health Specialist Date: 2/11/02 Re: Bergen 1041 Hazard Review and Conceptual Submission (PID 2911-027-00-002; Case#P002=02) The Bergen Residence is located at 201 Conundrum Creek Road. There is an existing house served by a septic system and a well. This house is to be demolished and replaced with a new 3 bedroom, 2900 square foot residence in approximately the same footprint. OnFebruary 8, 2002, I conducted a site visit with Derek Skalko from Studio $ Architects. The ]ot has constraints due to proximity to the river. This depamnent issued a permit for a mound system in 1987. Tliis'system was designed to serve a 3 bedroom house. Although requirements have changed throughout the yeazs, this system appears to have been oversized. Existing' .,.. . _. Required - 3 bedroom Tank Capacity 1000 gallons + 1000 gallon pump 1312 gallons chamber Gravel Base - ? Gravel Base - 1105 sq ft- Field Size Gravel Bed Size - 360 fr' Gravel Bed Size - 140 fr' Sand Base 1300 sq fr Sand Base - 1419 sq ft Well and Creek distances need to be 100 feet minimum from well Setbacks confirmed. 50 feet minimum from creek The Bergen family has hired Church and Associates, and engineering firm out of Denver, to check their existing system. My questions are as follows... • What are the setbacks from the'well and the creek to the existing system? • What is the actual tank capacity serving the existing home? • What is the size and location of the mound system? • Is the system functioning? • Is the engineer comfortable using the existing system to serve anew 3 bedroom home between 2000-6000 square feet? Answers to these questions will determine whether the existing system can be used for the development. Any addition to the septic system would need to meeC current regulations. The existing system was permitted AND finaledthrough this deparhnentand is assumed to meet all requirements that existed iri 1987. °" MAROON/CASTLE CREET~ CAUCITS PO BOX 8985 ASPEN, COLORADO 81612 Ms. Tamara Pregl Aspen/Pitkin Community Development Dept. 130 South Galena Street Aspen, CO 81611 RE:Bergen 1041 Hazard Review (PID)2911-021-00-002; CASE#p002-02) Deaz Tamara, ~: ~ a ACFifiP~R~T The Executive Committee reviewed this application at its February 1, 2002 meeting. We have two concerns that we think will be adequately dealt with by County Code: the old buried septic system and the old buried propane tank. The septic system is probably very near the end of its life and the configuration of the property between the river and the hillside aze going to require some very creative solutions for its replacement. The same for the buried propane tank. We applaud the new owners intentions to recycle as much as possible during the demolition ofthe existing structure. We have no problem with the`slight adjustment to the bank to accommodate an easier access to the garage (a request that was not included in this 1041 review). With kind regards, u~ Lynne Pfrimmer Mace Chair, Executive Committee ~~~~ arc "L U 2002 ASNtN I VIl KIN C,pMMUNITY DEVELOPMENT u ,u ,~ . ...w,a ~ ~dy, ~~~ >.., ., u.~~., ;, LDate Thu,, 4b Ap S2 02 20:23:12 ~ Bergen Report from CTL Thompson 5~ ~~ Page 1 of 1 ~~tA~ Subject: Bergen Report from CTL Thompson To: tamarap@co.pitkin.co.us ' X-Mailer: AOL 3.0 for Windows 95 sub 64 X-ECS-MailScanner: Found to`be clean Tamara, I have reviewed the report and believe it will be acceptable to demo the house and construct a new wall. They should follow the 6 recommendations and should specifically follow the secquencing of demolation recommended by CTL. Bud _.~ , GEO7ECHNlCAL INVESTIGATION BERGHN RESIDENCE, 201 CONUNDRUM Cl4EEK ROAD PITKIN COUNTY, COLORADO ~p~"""~a ~I~,~I ~~~1, ~~ i~~~~l~' ~w a~Na ~I~~I' Prepared For: STUDIO B ARCHITECTS 555 N. M'iII Street ~ Aspen, CO 81611 Job No. GS-3584 April 1, 2002 CONSULTING ENGINFFFiS' 2J4 OF:N I C:iil DRIVE C Gi,('NWOOD SPRINGS, COLORADO 81601 d"°(~%0) 9nS-2009 ~~ APR-O1-2002 MON 02;48 PM ,e^? FAX N0. TABLE OF CONTENTS P, 03' L_,_~~' SCOPE 1 SUMMARY OF CONCLUSIONS 1 51TE CONDITIONS 2 BUILDING CONDITIONS 3 PROPOSED CONSTRUCTION 4 SUBSURFACE CONDITIONS q SLOPE STABILITY 6 CONSTRUCTION SEQUENCE g SITE EARTHWORK g FOUNDATIONS 1 p SLAB-ON-GRADE CONSTRUCTION 12 RETAINING WALLS P"~"~W. 12 I„~u ~„ , C I SURFACE DRAINAGE I~I~ I„~~pIVP ~~uowa 4 N 13 LIMITATIONS ia0 14 FIGURE 1 -APPROXIMATE LOCATIONS OF EXPLORATORY BORINGS FIGURE 2 -SUMMARY LOGS OF EXPLORATORY BORINGS FIGURE 3 -APPARENT BUILDING MOVEMENTS FIGURES 4 AND 5 -GRADATION TEST RESULTS TABLE I - SUMMARY OF LABORATORY TESTRESUL75 APPENDIX A -SELECTED SITE PHOTOGRAPHS APPENDIX B -SLOPE STABILITY ANALYSIS RESULTS STUDIO 8 ARCWITECTS 6~RGEN RESIDENCE ~ 20~ CONUNDRUM CREEK ROAD '.. GTUT J08 NO. G~.75S4 ' RPR-01-2002 MON 02 ~ 48 PM f FAX N0. P. 04~, ~~. ~'y_y_J' SCOPE ' This report presents the results of our geotechnical investigation for the proposed Bergen Residence at 201 Conundrum Creek Road in Pitkin County, ~ Colorado. We, conducted the„investigation to evaluate the' existing building w,. conditions ground surface to ography and subsurface conditions and provide geotechnical recatnrfreltdation~'for the' ` "" ~ "p'V"tr~ed`Canstruction. Our report was prepared from data developed during our site reconnaissance, subsurface exploration, laboratory testing, engineering analysis and our experience with similar conditions. The recommendations contained rn this report were developed based ~_.~ on "dtlfr~Irttly' pY~`cs~ed_ buijdding plans.~f ac"~ual""cinstrCic i Tarf" s"wi11'"d'if~er significantly from the descr~pfions cpntained herein, we should be infoFffi~d so tFiat' ~ "~~~ti"i3djust o'prrecommehdations as"ne~es'sat~y;' A'summary of our conclusions ....~,,,.~,..~~., r, is presented below, S,UMMARI'"b~"~'O"~'CU~"IbNS I~m~u~* ~aa ~ 1. Subsurface conditions found in our exploratory borings drilled above the existing residence on the shoulder of Conundrum Creek Road (TH- 1 and 7H-2) consisted of4 inches of chip and seal surfacing underlain by silty to clayey gravel, cobbles and boulders with lenses of silty sand to the total explored depths of 23 and 29 feet. Free ground water was not found in the .borings at the time of drilling. Our exploratory boring adjacent to the building (TH-3) encountered silty to clayey gravel and cobbles with silty to clayey sand lenses to the total explored depth of 14 feet. Free ground waterwasmeasured in TH-3 at a depth of 13 feet on the day of drilling and about three weeks after drilling operations. 2. Tfi~'~'~ite- retaining w Its and the .garage foundation wall have experienced movenTen~ aric~'~'ro'tation. Movements~~o he garage foundation wall have been transferred to the building foundations, diaphragm and framing. Bas~`d on ovr slope stability analysis; the steepslope e'ast'SftYt'e'building is marginally stabile. Vile recommend a s)d(sc tetl~fition system be installed prior'fo"ci'snst"r`uction of~`the proposed residence, Proper drainage will be required behind scope retainage. Additional discussion is in the report. SiUDlO B ARCHITECTS BERGEN RESIDENCE 207 CONUNDRUM CRHEK ROAD ~ CTL?JOB NO. CS•3504 ~ 1 APR-01-2002 MON 0248 PM FAX N0. P, 05' -._ ' ~~~~' 3. The sequence of construction at this site will affectthe stability of the steep slope. Removal of the lateral resistance provided by the building could result in slope failure. Recommendations for the sequence of demolitionoftheexistngbuildingandconstructionofthe proposed residence are presented in the report. ', 4. Footing foundations supported by the undisturbed, native soils are appropriate to found the proposed residence. Voids resulting from removal of large boulders should be filled with densely compacted, structural fill. Design and construction criteria for footings are presented in the report. 5. The proposed garage floor will be a slab-on-grade supported on an approximately 2' feet thickness of structural fill. We anticipate potential risk of differential movement will be low for the garage floor slab supported by densely compacted, structural fill builtwith the on- site orsimilar soils. 6. Surface drainage should be designed to provide for rapid removal of surface water away from the proposed residence. SITE CONDITIONS P~~~ ,I ~hnl~m~4' d~ ~~ ~u Conundrum Creek Road is accessed from Castle Creek Road, approximately 5 miles south of Aspen, Colorado. The subject property is a 3.6 acre parcel bordered by Conundrum Creek Road on the east, The west property boundary is justwest of Castle Creek, which trends down to the north. An existing, two-story residence with and attached garage is located in the south part of the parcel (see Figure 1). The building is constructed on a footing foundation with a crawl space. The east foundation wall ofthe garage retains earth and is constructed of reinforced concrete, Steep slopes east of the building rise between 20 and 30 feet to Conundrum Creek Road, The steep slope grades are on the order of 60 to 100 percent. Ground surface between the toe of the slope and the creek are gently sloping down to the west. The property is forested with deciduous trees and scattered spruce trees. A reinforced concrete retaining wall approximately 8 feet High extends from the southeast corner of the garage. Reinforcement in the concrete retaining wall S'T'UDIO 0 ARCHITECTS ' pERCEN RF:SIpENCE '~. 201 CONUNDRUM CRCCK ROAD ~ CTL/T JOp NO. GS ~59d 2 APR-01-2002 NON 02:49 PM FRH N0. P, 06'. I__.~,~~ may be tied into the garage foundation wall, Earth retaining walls with a timber facing on the order of 3 to 4 feet high are east of the building. The timber faced retaining walls have experienced rotation and movement. We judge the timber wall the northern part of the uppertimberwall is no longer functional for retaining earth. Selected photographs of the site are included as Appendix A. BUILDING CONDITIONS We performed a visual inspection of the existing building. The top of the garage foundation wall has rotated inward on the order 1,5 to 2.5 inches with respect to the part of the wall at the garage slab elevation. The wall has experienced the largest amount of rotation near the midpoint of the length, resulting in noticeable inward bowing alongthewalllength. Movements of the garage foundation wall have transferred load to the building footings, diaphragm and framing. Bowing of the garage roof trusses was observe ef~e olIppm~~yyLOLn ~ II between the residence and the garage appears to have bowed a~n'y~lb,~~phward the west. Our observations indicate cracking in drywall joints in other areas'of the building are the result of normal building movements and not related to the garage foundation wall rotation. A sketch of our observations of building movement related to the steep slope are shown on Figure 3. During our site reconnaissance we observed conditions in the crawl space belowthe residence. Foundation walls forthe residence are constructed ofmasonry blocks. These walls do not appear to have moved. No evidence of ground water or surface water infiltration into the crawl space was evident. We do not believe a foundation wall drainwas installed, Additionally, we observed no evidence ofa drain system behind the garage foundation wall. sruDla a nacwracrs BEIiC+U'N RESIDENCE 201 CONUNDRUM CREEK ROAt) CTUT JOB NO. CS•3564 3 APR-01-2002 MON 0249 PM FAX N0. P, 07!, ~~~~ PROPOSED CONSTRUCTION The existing residence at the site will be demolished to allow construction of the proposed Bergen Residence, We understand. no additional excavation into the steep slope adjacent to the building is planned. Some excavation into the slope adjacentto the uphill side ofthe driveway is being considered. The planned building will be atwo-story, wood-frame structure. The existing garage foundation wall will be utilized for the new garage, An approximately 2 feet thickness of structural fill will be required below the new garage floor slab.. The new garage floor will be constructed as aslab-on-grade. The main level floor of the planned residence will be elevated above exterior ground surfaces and structurally supported with an open crawl space below. The garage will be constructed on a conventional spread footing foundation. Living areas of the residence wi f"b& s~ui po ed on reinforced concrete columns bearing on column pad footing f ~ dation loads are expected to vary between 1,000 and 3,000 pounds per lines foo of foundation wall with maximum interior column loads of 30 kips. We understand framing of the proposed residence may be delayed until the construction season following the installation of retainage systems, building foundations andfloorslabs. (factualconstruetionplanswilldiffer significantly from the descriptiohs above, we should be informed so thafi we can adjust our recommendations and/or design criteria, if necessary. SUBSURFACE CONDITIONS Subsurface conditions in the slope east of the building were investigated by dripiny two exploratory borings (TH-1 andTH-2) in the shoulder of Conundrum Creek Road atthe approximate locations shown on Figure 1. One exploratory boring (TH-3) was drilled adjacentto the location ofthe planned Bergen Residence. Borings TH-1 and 7H-3 were advanced using 4 inch diameter, continuous-flight augerand atruck- mounteddrill riy. Boring TH-2 was drilled using the ODEX technique which utilizes STUDIO 0 ARCHITECTS DERGEN REGIDENCE 2D1 CONUNDRUM CREEK ROAD C7Lli JOD N0. GS-DSB4 Q APR-01-2002 MON 02:49 PM FAX N0. P, 08'. ~:~ . __ ~' a pneumatic, downhole hammer to break up cobbles and boulders. PVC pipe was placed in TH-2 and TH-3 to allow subsequent measurements of ground water levels, Drilling operations were directed by our engineer who logged the soils encountered in the borings and obtained samples. Samples obtained in the field were returned to our laboratory where field classifications were checked and typical samples selected for testing. Graphic logs of the soils encountered in our exploratory borings are shown on Figure2. Subsurface conditions found in our exploratory borings in TH-1 and 7H-2 consisted of 4 inches of chip and seal surfacing underlain by silty to clayey gravel, cobbles and boulders with lenses of silty sand to the total explored depths of 23 and 29 feet. Results of field penetration resistance tests and observations during drilling indicated the gravel, cobbles and boulders were dense to very dense and the sand lenses were medium dense to dense. Our exploratory boring adjacentto the building (TW-3) encountered silty to clayey vel~and~cobbles with silty to clayey sand lenses to the total explored depth of 14 ~~: d water was measured in TH-3 at a depth of 13 feet on the day of drilling any about three weeks after drilling operations. Three samples of the subsoils selected for gradation testing contained 28 to 92 percent gravel, 5 to 50 percent sand, and 3 to 22 percent silt and clay size particles (passing the No. 200 sieve). Soil sampling equipment limited the maximum retrievable soil particle diameter to 1.5 or 1.9 inches, depending on the type of sampler used, Bulk samples from 4 inch diameter, solid-stem auger cuttings have a maximum particle size ofabout 1.5 inches. Gradation testing on the soil atthis site is representative of only the smallerfraction ofthe actual soil. Observations of soils exposed in the creek bed and nearby road cuts, and drilling observations indicated a significant percentage of the soil atthis site is cobbles and boulders. Gradation test results are shown on Figures 4 and 5 and laboratory test results are summarized on Table I. STUDIO E ARCHITECTS ' DEROf..N RESIDENCE "~. 201 CONIINDRUM CREEK ROAD CTUTJO~NO.GSJSAC 5 ~ i APR-O1-2002 MON 02 49 PM FAX N0. P, 09 SLOPE STABILITY earth retaining walls and the garage foundation wall have experienced movement and rotation. Movements of the garage foundation wall have been transferred to the building footings, diaphragm and framing. We performed a slope stability analysis for the steep slope adjacent to the building to evaluate the factor of safety against slope failure. In order to evaluate relative slope stability, it is necessary to approximate slope geometry, the general profile of fihe soil, potential ground water conditions and the strength parameters of the soil. Slope geometry was modeled from the site plan provided by Studio 6 Architects and our site observations. The soil profile was based on our exploratory borings drilled at the site and site observations. Ground water was modeled based on measurements from our exploratory borings and our experience. Shear strength of soil is defined by friction angle (gyp) and cohesion (c) for the Mohr/Coulomb strength model. For our analysis, we estimated shear str raeters based on correlations with field and laboratory data and our exp II6 ~" r We analyzed the slope cross-sections (A-A' and B-B') shown on Figure 1. A portion of our slope stability analysis results are shown in Appendix B. A factor of safety against slope stability failure was calculated for the existing slope at both cross-sections. The term "factor. of safety" describes the ratio of the strength available to resist sliding compared to the forces tending to cause sliding. A factor of safety of 2.0 means the strength to resist sliding exceeds the driving force to cause sliding by 2,0 times. For Tong-term stability, a factor of safety of at least 1.5 is considered desirable. Results of slope stability analysis are shown below. SYUDIO F3 ARCHITECYS BERGL"-N RESIDENCE 201 CONUNDRUM CREEK ROAD C'f4/'f JU9 N0. G5~1584 6 APR-01-2002 MON 02 50 PM FAX N0, P, 1111 ~~~1 building and the driveway retaining wall should be stabilized, Soil nailing would be an appropriate slope retention method at this site. As part of our scope stability analysis we calculated that the factor of safety for Cross-Section B-B' would be increased to about 1.9 if two rows of short soil nails were installed (see Figure B-3). Slope retention will require adequate drainage to prevent buildup of excessive '1 hydrostatic pressures. A specialty shoring contractorcan assist in design ofthesoil nail retainage. We recommend co~sutting with Goggins 8, Sons (303) 791-9911 or Yenter Companies (970) 945-5333 regarding design and construction of the slope retention system. 1 ~ONSTRTJ~ ~`~`QUENCE ~ ' The. sequence of construction at Phis sife will offs"cf the"s a 1 ~ ` o~tfiesteep~" """~'- 'i `"slope. The existing building is providing lateral resistance to movementoftheslope. 1 Without the resistance provide ~14the building, the steep slope could fail. We,. suggest the following sequen~~~ ~''of the"'"`eTcisting building. and__. construction of the proposed Bergen Resi, enc"Lr. The slope should be chocked for indications of movement each day during construction. 1, 1. Demolish the existing building. diaphragm and framing and remove the debris from the site. Foundations and floor slabs should be left in place to provide temporary lateral load resistance to the slope. 2. Install the slope retention system adjacent to proposed building and driveway. Soil nails can likely be installed through existing retaining walls and garage foundation wall. Retalnage should be provided with adequate drainage. 3. Make planned excavations in slope adjacent to driveway. Construct slope retention at these locations. Slope retention should be installed using "top-down" construction techniques where necessary. Ftetainage should be provided with adequate drainage. 4. Demolish existing building foundations 2nd garage floor slab. Concrete and cinder blocks can 6e crushed and used for fill and backfill material, provided the maximum particle size is 6 to 8 inches STUDIO DARCNITECTS ODRGEN RESIDENCE 1 TOt CONUNDRUM CREEK ROAD ' CTLf(JGd N0. ('.$•3504 8 RPR-01-2002 MON 02 50 PM FAX N0. P, 12~ ~l _J and reinforcing steel is removed. The actual maximum particles size can be greater than 8 inches if nesting is not observed, 5. Construct planned building foundations and floor slabs. Place and compact foundation backfill, structural fill and fill. New foundations and floor slabs should be covered during winter months if framing is delayed until the following construction season. SITE EARTHWORK Fill thickness of 2 feet or less will be required to raise parts of the driveway to planned elevations. The garage floor slab in the proposed building will be supported on an approximately 2 feet thickness of structural fill. Existing foundations, floor slabs, utilities and debris should be removed from below the proposed building. Ground surface in areas which will receive fill should be scarified to a depth of at IeastB inches, moisture contltoned and compacted. The on-site orsimilarsoils~~r cutter, debris and rocks largerthan 6 inches in diameter can be used as fill for the driveway. Concrete and cinder blocks resulting from demolition of the existing building can be crushed and used for fill and backfill material, provided the maximum particle size is generally not greater than 6 to B inches and reinforcing steel is removed. Structural fill under the garage floor slab should consist of a CDOT Class 6"aggregate base course or similar soil. A sample of desired import soils for structural fill and fill should be submitted to our office for approval priorto hauling to the site. Structural fill and fill should be placed in loose lifts of 10 inches thick or less and moisture conditioned to within 2 percent of optimum moisture content. Fill placed in the driveway should be compacted to at least 95 percent of standard Proctor (ASTM D 698) maximum dry density, Structural fill under the garage floor slab should be compacted to at least 100 percent of ASTM b 698 maximum dry density. Placement and compaction of fill should be observed and tested by a representative of our firm during construction. STUDIO B ARCIiII'ECTS DERGFN RESIDENCE 201 CONUNDRUM CREEK ROAD OTL R JOB NO. GS-584 9 APR-O1-2002 NON 02 51 PN FAX N0. P, 13 C~ Based on the planned construction, we anticipate maximum foundation excavation. depths of about 4 feet. Some excavation cuts may be made in the slope along the uphill side of the driveway, Excavation into the slope will likely require "top-down" constructed retainage. We expect the planned excavations at this site ', can be accomplished using conventional, heavy-duty excavation equipment. A significant percentage of large cobbles and boulders should be anticipated. ltwould likely be advarrtageous to pass the excavated soils through a 4 or 6 inch opening "grizzly" screen to manufacture material for use as fill and backfill. Sides oftemporary excavations will need to be sloped or braced to meet local, state and federal safety regulations. The native soils at this site will classify as Type ' C soils based on OSHA standards governing excavations. Temporary excavation slopes deeper than 5 feet should be no steeper than 1.5 to 1 (horizontal to vertical) in Type C soils. Free ground water was mr ~ploratory boring TH-3 at a depth of 13 feet at the time of drilling, Ground water levels will vary with seasonal conditions and are typically closest to the ground surfiace during and immediately after peak snow melt in spring and early summer months. Ground water is directly related to the water elevation in Castle Creek. We do not anticipate excavations for the planned building foundation or utilities will penetrate ground water, however, excavations should be sloped to a gravity discharge or a temporary sump where ' wafer can be removed by pumping. The ground surrounding excavations should be sloped to direct runoff away from the excavations. ', FOUNDATIONS ' Plans are to construct the garage on a conventional spread footing foundation. The residencewill be supported on reinforced concrete columns bearing ' orrcolumnpadfootingfoundations, The planned foundations are appropriateforthe subsoils at this site, provided they are supported by the undisturbed, native soils. STUDIO U ARCHITECTS BERGEN RESIDENCE 201 CDNUNDRUMCREEK ROAD '' CTL/T d08 NO, OS-%A4 1 U APR-O1-2002 MON 02 51 PM FAX N0. P, 14 All existing foundations, floor slabs, utilities and debris should be removed from belowthe proposed building. Voids resulting from removal of large boulders should be filled with densely compacted, structural fill. Recommendationsforstructuralfill were presented in the SITE EARTHWORK section. a omtnended design and ,,.~». construction,cntena for footing foundations are presented below. Footing foundations should be supported by the undisturbed, native soils. Soils loosened during the excavation orforming process forthe footings should be removed or the soils can be re-compacted prior to placing concrete. Voids resulting from removal of large boulders should be filled with densely compacted, structural fill consisting of a CDOT Class 6 aggregate base course or similar soil 2. Footings should be designed for a maximum soil bearing pressure of 5,000 psf. 7o resist sliding a friction factor of 0.40 between the concrete and the gravel soil can be used. 3. Continuous wall footings should have a minimum width of at least 16 inches. Foundati for~isol t d~rolumns should have minimum dimensions of 24 i ch ~2 i s. larger sizes may be required, depending uponfo ate I tl 4, Grade beams and foundation walls should be well reinforced, top and bottom, to span undisclosed loose or soft soil pockets. We recommend reinforcemehtsufficientto span ah unsupported distance of at least l0 feet. Reinforcementshouldbedesignedbythestructural engineer. 5. The soils under exterior footings should be protected from freezing. We recommend the bottom of footings be constructed at a depth of at least 42 inches below finished exterior grades. The Pitkin County building department should be consulted to verify the required frost protection depth. 6. Completed foundation excavations should be inspected by a representative of our firm, prior to placing forms, to confirm that subsoils are suitable for support of the designed footings. STUDIO B ARCNITEC'1'S 9ERGEN RESIDENCE 201 CONUNDRUM CREEK ROAD c71,/'r JOB NO. GS-356M1 11 __ _._ _ RPR-O1-2002 MON 02 51 PM FAX N0. SLAB-ON-GRADE CpNSTRUCTION P, 15' _.._. c..~~I L___~ Floors in the residence will be structurally supported with a crawl space below. Structurally supported floors are the most positive method to mitigate floor movement and are an excellent choice from a geotechnical standpoint, The proposed garage floor will be a slab-on-grade supported on an approximately 2 feet thickness of structural fill. We anticipate potential risk of differential movementwill be lowforthe garage floorslab supported by densely compacted, structural fill built with the on-site or similar soils. Structural fill should be placed and compacted as outlined in the SITE EARTHWORK section. Slabsshould be separated from wall footings and column padswith slipjoints which allow free vertical movement of the slabs. „ Underslab plumbing should be pressure tested for leaks before the slabs are poured. Plumbing and utilities. which pass through slabs should be so ,~ from the slabs with sleeves and provided with flexible couplings toslab-suppo d it c jxterior driveway slabs should be isolated from the building and well-reinforced to function as independent units. Frequent control joints should be provided in slabs to reduce problems associated with shrinkage and curling, in accordance with American Concrete Institute (ACI) recommendations. RETAINING WAILS Rem orce°~`c ncre°`~e r°eYan ni gwal1s maybe"~ p Mate alferiltative to soil nailing at 5'+SttSb-`~fi'e:""" The~"€'Walls can be cohstrcYct"e'cf'~on footutg foundations ~. ... x... ..., designed irraccordance with the critera'pinfed iri the "~fSUNIS"I~1'~NS`sect~"oh. Many factors affect the values of the design lateral earth pressure against retainingwalls,lncluding the compaction, slope and drainage of the backfill, and the rigidity of the wall against rotation and deflection. For retaining walls with reinforcement tied into the building, negligible orvery little deflection will occur and STUDIO 8 ARCIiITECTS L~ERGf_N RESIDENCE 201 CONUNDRUM CREEK ROAD CTLR JOB NO. C535B4 12 APR-01-2002 MON 0251 PM FAX N0, P. 16 ~~ ~~~ the wall should be designed for "at-rest" lateral earth pressure calculated using an equivalent fluid density of 50 pcf, Free standing retaining walls that can rotate slightly should be designed for "active" lateral earth pressure calculated using an equivalent fluid density of 40 pcf. These equivalent densities do not include allowances for sloping backfill, surcharges or hydrostatic pressures. To resist sliding a friction factor of 0,40 between the concrete fo, oting and the gravel soil can be used. Passive earth pressure should be neglected in design. Backfill placed behind retaining walls should be free of organic matter, debris and rocks larger than approximately 6 inches in diameter. Backfill. should be moisture conditioned to within, 2 percent of optimum moisture content and compacted to at least 95 percent of standard Proctor (ASTM D 698) maximum dry density. Ground water flow throng u~ er~soils during peak snow melt in spring and early summer months may t of hydrostatic pressures behind retaining walls. Drains are recommended. o control_ hydrostatic pressures behind retaining walls. The drains should lead to positive gravity outlets or be provided with weep holes. SlJ!'~ ~. Su ace drainage s crft`ical"to a ormance o ouh a onsoor s a s an concrete flatworlr.' The ground surface surrounding the exterior of the residence should be sloped to drain away from the residences in all directions. Current plans are for an open crawl space below the main level floor. Ground surface below the building should be sloped to prevent ponding. We recommend incorporating a drainage swale above the residence to direct surface water around the residence. Backfill adjacent to foundations should be moisture conditioned to within 2 percent of optimum moisture content and compacted to at least 95 percent of standard Proctor (ASTM D 698) maximum dry density. The building should be provided with STUDIO 8 ARCHITECTS BERC~N Rf^.SIDENCE 20t CONUNDRUM CRC-.EK ROAD CTLR JOB NO. CS•2504 13 _, ,.,.... .~ .-.. _,... s..~ . M...,.,.,.,... APR-O1-2002 MON 02 52 PM FAX N0. P. 17 '" C~~ gutters and downspouts. Splash blocks and downspout extensions should be provided at all discharge points. Proper control of surface runoff is also important to limit erosion of surface soils. Permanent slopes should be re-vegetated as soon as possible to reduce erosion. LIMITATIONS Our exploratory borings were located to obtain a reasonably accurate picture of subsurface conditions. Variations in the subsurface conditions not indicated by our borings will occur. The recommendations contained in this report were developed based on building plans at this writing. If actual construction plans will differ from the descriptions contained in the report, we should be informed so that we can adjust our recommendations and design criteria as necessary. This investigation was co dated in a manner consistent with that level of ~I care and skill ordinarily exercis al engineers currently practicing under similar conditions in the locality oft is project. No other warranty, express or implied, is made, If we can be of further service in discussing the contents ofthis report or in the analysis of the influence of the subsoil conditions on the design of slope retainage or the building structure, please call. CTLITHOMPSON, INC. James D. Kellogg Staff Geotechnical Engineer Reviewed by: John Mechling, P.E. Branch Manager JDK:JM:cd STUDIO B ARCHITECTS BERGEN RESIDENCE 201 CONUNDRUM CREEK ROAD CTUf JOB ND, GS-7584 -~ 1 w 14 .M .... APR-01-2002 MON 02 52 PN TH-1 EL=223 r- z25 uo 215 210 c c 0 a 205 Gi 200 795 FAX N0. Fi-2 -3 EL=217 EL=196 N~~ T~ ~• 190 ~ ~ ~~ tee 780 225 220 275 21D m 205 ^i 2D0 195 190 185 2 leo P, 19 ', I ' L.EGF.ND: ' ® Chip and seal auriaoing and aggregate ~ Indloatea free grountl water level '~ of drillin d th d , base oouree. g. measure on o ay I Gravel, oily }o olaysy, oobblee and d nse a11 h8 ld d i v b rr ' round water ~ diaaiee fns I ery e , g y ere, ense o ou , g n ® _ mole} to motet, tirown, rusi~ gray. _ measured on Maroh 26, 2002, Sand, silty 1o cloysy, saaHerad gravel, NOTES: medium dense fo dense, metal io wet, ~, brown, rust. (SC, SM, SC-SM~ i i, Explarafory boringa TH-1 and TI7-3 were dNlled on Manh 5, 2D02 with 4 Indlaates bulk sam le taken from P moh dlamder, aolid-alem auger and a auger ouNinga, truek-mounted drill rig. Exploratory boring TH-2 was drilled on Marsh 6, ' 2002 usln9 }he ODEJ( method and o ' Drive sample. The symbol 40/12 Indlaofea that 40 blows of a 140 4ruak-mounted drill rig. pound hemmer falling 30 Inches were 2. Locaflona and elevations of exploratory roqulrod to drive a 2.0 Inch O.D. boringa firs approximate. sampler 12 Inches. Ddvo sample. The symbol 16/72 3. These exploratory borings aro auhleat ' Indleaies the} 16 blows of 140 }o the explanallons, IIm1lallona an4 pound hammer falling 30 Inahea worn oonoluslons os oonlalned In ihla report. i required to drive a 2.5 Inch 0.0. sampler 12 Inohes. SUMMARY LOGS OF EXPLORATORY BORINGS ~ ~ ' Job No, GS-3564 ~ I pllg, 2 it APR-O1-2002 NON 0252 PM a^"+. FAX N0, p 2d ' ' M ~' #. to .. .,. _ ~ ., c . .. ~/ • ' RS ...... .,.. .. r T. ._. o ,~ - - ~ ~ ~:. N .. .. .. ~. ~;~ ,. r z~ _ ~~ l ```-+,....~ I d1-ad .~ 3 ~ a. a .. . ,.. . .. ~ i 3,` i V .'. o ~ i _ ~r---~--- ,.... ... _- ~: .....__ _... , .. m ;.. -.. _, . ~ 4 .~ :.. ~ ~ <~ ,.... ~ LL.~ ~ ~ ~ .._. ~ _, ~ . ., 6' a L ... ~ .. ~ .. u - -. . 3~..+., Y e . _.. ~ w .... . ~ v c~3 H~-= ~. M ~~ ~ I y ~' __ ( 4 _... (~1 lj~ '~ '. O i Z a .. .n 0 0 z RPR-O1-2002 MON 02 53 PM FAX N0, P 211 HYDROMETER ANALYSIS SIEVE ANALYSIS 2611R. 7ryR. IDI ~ U.S. STANDARD oERIES CLEAROQUARE OPENINCS q5 MIN. I3MZN. 60 MIN.1a MIN. 4 MW, i MIN. '200 `700. •$p •d0 •SO '1a `10'9 •d 0/1.' 31P 1h' 3' S6. 8• 100 _ •-- ,._.. . . t{.r = _r... - - '=:,~ _ .f..=_ - - _..=j.~ f to ...-.. . '--- _ - . .. _ ..:: - - - 7ci:::c:: .--- . ,... --.-.~- M y6 '-.~.:.::::::= iiir: - c[c~iecc[:6:it: ~:~_,,ccii~ccs::- - - -- - - - - -- - - 3a w En~:- - c - - - - - = - ~~:::• ..,.. -..... .3 _____'___ ____ ______ ___ __ __ W :IJ:: : ~' :- V .... .•- u --• _ -- -- •---- -----~..- - { ..-.- a:: _ -: --= - _ -- - --- TD •=--- - ::cr::::::_::° : - f -_ _ - - -- - --- - ° a6 - - ... - ...-.. -:r: -- ---- - :z::--::r - - - - ~:::: :::: - t::::: : - - - -• --: ' - - CLAY (PL46TiCJ TO SILT MON-PIASTiC) Sc3mpie of SAND. SILTY SM ^ 1RSF. I FlNE ~ COARa[ C099LE5 GRAVEL •. 2d,% SAND ..:. 50 ~ ~~ ~ ~__, I nwi H I t-a rtt I_~.. -~»,u_ SILT & CLAY. 22 % IiQUID LIMIT - PLASTICITY INDEX % I"1 Y1~ 1 ____ HYDROMETEN ANALYSIS SIEVE ANALYulS I U2 , 7HR. ME RCADIN¢u u,~,u IANVARO SERIES OL S¢U CO 1 AO 100 MIN.15 MIN. 00 MRJ 19 MIN, 4 MIN. 1 MIN. '2 ...... ..._-..._.4....T ...~ ~ ':r:: q - ~. 00 '1 --.- f 00 'S0'd0 7 ~-t:= 0 •16 '10 'B w •A 3f e• 37 q• ~ 1' /eA-„ 3 ' B`e '~~ B' 0 80 3 To - iL^ - _ _-~- - - - - ...-. . ::I:.... - - ...- .. -:;- : ~ , - - T y, ... - _ - ~: ^i- _ .::; - - --- - _ - --- - N~ - - _;:: - w - . _ - - - 10 ~ !i0 Ti z ni.4. : 4:. :: : _ _.7_-' i - - :_r~._ - _ - ... . --~ - - - ~ -: - _ - - -- F fi 50 00 .-.......... ...... ...... ...... .... .......C::l, .. _- ZEE:: [:» ::.~c .: ....... . ....... ...... . .-. .I::: -- ---_ - _ .. ... -. - .. - - . -. -.- . '.• '--••• _ ..... -:~ . ....: --.. .-..--. =::: . : 9D 0.0 01 0,002 .000 .009 .019 .U37 .0 7A .14 DIAM 8 ,y97 .~ O.A2 • ETER OF PART 1... 30 1:19 2.0 ICLE IN MIWM 2.38 d. ETERB 7G 9 2•:,1 "~~ 1 T8 l%~•:~-~- .2 '72~ :- ~ 700 ~ CLAY (PLASTIC)TD SILT (NON-PUOTIC) aANOS FINF_ MEDIUM COARSE GRAVEL FlNE COARSE OO99lEa SalnpleOf GRAVEL CLEAN G! i~) GRAVEL 92 % SAND 5_% ~_ , , I-'rom TH-1 AT 1,8_13 FE~T- _ ,»_ m SILT & CLgY 3 % LICUID LIMI7 - - PLASTICITY INDEX _ m.. .-% ~Pc'3C~3~i©13 ~- JCB NQ. ~3-:?L-3h i ~S~ TSLS4.0I~S FIG.-1 RPR-01-2002 MON 02 53 PM PRX N0. P• 22 HYDROMETER ANALYSES SIEVEANALYSIS' 25 t1R. 71 4R. M~ OINUS U.5, 9'f ANOARD L'ERIE G CLEA R SOU ARE OPE NINfiS 4G MIN.15 MW, GO MIN 19 MIN. d M IN. 1 MIN. •2 00 '1 00 •5 0 '40 '30 '1 G •10 '0 • 4 9H' Sr 4• 1 X` 3 " 5"G • B • 109 :..... _ __..._rµ-4•• ..t- - C._.... ..... - °:: - - •, .. r:a :a - :... - _ _ - , _. _f .. ..... ...... - - - ..:: : ::::: - _.~ : .- r :_::: : - - - - tt _ ' k a 6c - - - o - -- - : 4 ~ :::: .::c:r-c:c : .:.:: ...; - . :' : - 30 w in y .. 90 _ • ___ _... _ .. .. : .~..__.~ •._... _ :::... - _ .: . r._:::. - - _ _ _ 4 t iu ~ - - -.r-- - ____ _ _ _ , _: - n~.::.. _ _ _ ~_:== - - -- -___- _ r ~~ ~. ._•__ .. ~. --E_ __ _._ ~ _ ._•• _._.. _ _ __ _ _ ______ _ __ __ 30 _ - .. .. - _ - - _ _ _ _ __ 79 _ _ .. ' ". _ :;: . 10 .. r _~_ _ • ..... .:.... ~ .. . ..... - . . d... ..... _ " ,.:"._ . - _ .. __.... . .,. ". . ._ M .wi 0,002 .005 .000 .018 .0.97 .074 aa9 297 590 1.19 2,02.38 4.79 AS2 19.1 38.7 76A 127 2 00 0.42 102 OUMETER OF PARTICLE IN MIWMETERI. CIAY (PLASTlq TO 8IL7 MCN-PLASIICJ eAND3 GRAVEL FINC ME-IUM COARSE FlNE COARSE COBBLES JCtm pIE Ot SAND, SILTY (SM)_ GRAVEL 32 °/a SAND 4S % From- TH3 AT s FEET _-„ ~ SILT & C:WY Qp % LIQUID LIMIT _ •~~~-~- ~` PLASTICITY INDEX .._ -~-. °/a HR. 7Hft. uMt ntnUWw U,S, STANDARO SERIES -- CLLPft3 U ING3 40 MIN.19 MIN. WMIN.I9 MIN. 4MW. IMIN. •200 ry00 •W'd0.30 '/6'10"8 •4 3/9" 91C 1'/.' 9' 'S'M B• 100 ... 90 '- 90 -'- 70 G =.- 0 5p , _ no 30 •_ 10 ~- 0 ~__'. _. .001 0. M-. _ .. ........ ..:c. ......... . .. .::: : :~. _ _ . ____ _ •;" _ _ _._ ::I-_.._ _ C ___ ° . _ _ _ :r:~ _ : 4:_.- -_ -- _ ... - - -- --- -- - ~ • _~. ~ _._. -- ::' ._ .. .::::: - ~: _ r• _ .... ..r ... ....... ...... ...... ............ ...... ...... .::: :: ----- - --- - - - - - - - - --- _ --- ~ - .a.. -- - _ :T~ .~___... :::: k. : - ---- _ ~ ..}. :i .. ..~ .. .~ kk ..,.. ..._ • _. --•.- ° .. :: ::: .... _ _ ~ '. _. k k:::'.:F:::::: .:.:._~ _...._ . .... . k • W~ ... ~ .._. _. . C..... . 002 ,005 .OOG .0 19 .037 .0 7a .149 29 7 ,5 90 1. t0 20Z3B 4 78 8 52 10 1 3B 1µ-~7G 2 12 2 0 t0 20 30 4 ~ RR sG t~ 60 ` 7G 00 90 7 100 O.a2 152 00 CLAY(ptA$TR:)TO SILT (NON-p1.A5TICt Sample of From _.-.- -_"'•~ JC8 NO, GS- i~84 GRANGE °~° SAND °/n '' SILT8 CIAY % LIQUIDD LIMI?_ % ~' PLASTICITY INDEX ~~'~C~~tAOfl ~~'S$ ~Q?S4AItS ~IC.~ N N O ,.. T S S 2 m 7Q_.1 i~ w L) ~ ~ a ~ N a T n m m ~ ~ ~ 2 `S Z ~ ~ CO A N o ~ vi ^ (n "~ 'O~' ~ C y ... ~ m O m T ~ ~ ... ~ r V1 r r- r' °'s~ Y m Y "~ O A W ~ zN m ~ ^rop~ r `"n1n ? : K ~ N N m ~m ~ ~ c~ o .... m f' W ~ ` o m N A z. ~ rn ~'' o ri- a m m~' Z - i m H zv mo m rNi W N N j`. v ~ N - mb°c~ ~ z ~ ~ z v o ~ < p n in ~ m m ~ r ~ ~ p cn ° Z n i -' p ~ v ~ n m n ?i 0 z £Z 'd 'ON Xdd rn 0 m z 0 N N A Wd b5~Z0 NOW ZOOZ-I APR-01-2002 MON 0254 PM FAX N0. P. 241 ~~ APPENDIX A SELECTED SITE PHOTOGRAPHS ~ ~, ~~ STUDIO D ARCh11TECTS BERGEN RESIDENCE 207 CONUNDRUM CREEK ROAD C'I IJT JOB N0. C,3.758s APR-01-2002 NON 02 54 PM FRX N0. P. 25' ~ ' ~ C~.~ APPENDIX B SLOPE STABILITY ANALYSIS RESULTS ~iomnl~p~ ~i ~~~ ~ ~~~ STUDIO 6 ARCHITECTS ~' EERO@N kESIDENCE 201 CONUNDRUM CREEK ROAO ~ CTUT JOB NO. GS-sSBa ~. RPR-01-2002 NON 02 54 PN b q b b b Y O b m q 6 . ~1: p. q 6~ p~ ' m J ra b b `~' o U> o b V 0 e .m ~ m o q b q b q q b q q b N M q q ~Q ~¢ :~ c aNi~ °~o ~~~.~ ~ y C CD ~N'~~ mU~s m ow w~ dN ~~~ ~ a ma,°-~c O(au:.Q ~ m li ~ m 0 tY .0 lU m l- ~._. , ..I _.... 6 O N N FAX N0. P, 26 ',~ m LL ~ ~ ~ -~ m U ~\ . ~~ 1 ~ 1 ~ 5 ~ 1 0 1 w ,, ~~ ... ~ ~ N ~ ~ ~ ~ r O C N ~ C L r N a I O _m C `.C LILY ~ ~'~ (O~ ~ M O h-~--5' ~ L]jUd ~, ~~ ~~ w ~ ~. ~~ ~ 'o ~ Y / O Q / .., ~ ,~ N N C i $ / ~ p ~ ~ ~ ~ U ~ to ~ N N m ~ ~ (;aa~) uo~lenal~ A O RPR-01-2002 MON 02 54 PM ro m x N CQ m i~ Y C a~ ~ o Q t~. ~ ~ N m N ~ m m ~~ o~ ~ U ~ a~ a.a~i ~~ •~ ~ 'in ~~zy. u~E~~o N 0- C ~C~U..Q ~, .'~'' `> o ,,; m ~,,.. m ~. m ~• ® ° ~ ~6 ~ a ~~ o a m m o • c O d y e ° ~ o m rn ® ~ i G m • ~ G 6 ~ y 0 b 0 a . .~ v m l.._ N FAX N0. P, 27 .Y U ~~ s` 1 d 1 ~ 1 ~ 1 0 ~. 1 'm ~o c a~ I ~~o ~ I c .C r' w7C ~ o rn~ I Qa' N~ ~ L M V ~, m I N.-L: - ...i --- I mco~ ~ ~~U0.. c~ I N ~ ~ W (, ~ ~.~ I l I J .~ ~ - % ~ c ~ O / Q .~ ~~~ ~ ~ '~ / U' ~ v1 ~ ,,,, .\ O - --- -- -- -f~aail uonenai~ o' 0 N g U O ~ r.. a D 0 .n I< m M o N O CS ~ ~ z 0 -- N N N (laa~) uoilena~~ RPR-01-2002 NON 02 54 PN N~ _Q • •~• aoi ~0 0 ~~ u~'i~~o d' N ~ ~Vi >~ (q O m U ~ w as o~iu~ ~ w °- ~ ca 'v's rVi,~~m a> o ,°~ c QUl%a( FAX N0. P 2B ~ ~M 'm Y N o ~ m I U I '` 1 ~ .... ~ V O ~ ~? ~N 1 ~ o 1 p - N ~+ ~ t ~ N I ~ ~ 4 '_ ~ ' t N ' I C L ~ m ~ c e ~ ~ O ~ 0.N O ~f, ° r ~ ~ ~~ ~ 1 V~ ~ M ® ° ~°~ . • t0 O1 ~ m ~ W ..C ,_ N G O L c~ c 1 L]~Ud o y ,~ . ® ' C < W Rf lL ~ N u e Y ^ ~ •C . ~ •~ ~ I k ~ ~ / e ~ y I ~ ~ i=a~ - ' ~° `' I ~ ~,. I m 6 ~ Q p d ~ ~' ~ 'ro ~ LL, CA ' O ti Z l / ~ ~ ~` ~ ~ C : + ~ C v " o N ~ p 7f0 ~ ~ 7 ~ ~ ~, i ~ .~ % ~ N N ~ ~ Z (;aa;) uai;ena~~ ' o 4 b N N z 1_\ ~. .._,._l._ N ~`! EXHIBIT A Order Number: ooozs721 LEGAL DESCRIPTION A tract of land situated within the boundariell 3outh,sRahge 852Weatiof theS ', No. 112 being located"ia Section 2, Township ~. 6th Prlacipal Meridian sad to Sectloa 35, Township 10 South, Range 85 Weat of the 6th Prlacipal Maridiaa, described as follows! ', gagtaning at a point oa the Ilse between Cornez No. 1 and Corner No. 11 of N.B.S. No. 112 whence Bald Corner No. 1 bears South 1°12'. 8abt 138.42 feed i thence North Z°12"West 45.62 fast to the North2ine of said Township 11 South, Range 85 Weat; thence Weat 227.63 feet along North Ilse of said Township 11 South, Range 85 ~, Wea t, to the WastsrIy Hoak of Castle Creek; '~. thence South 15°0' Bast 91.18 feet al oag the Westerly bank of Castle Creekf thence South 5°0' Weat 132.00 feaE along Wasterly bank of Castle Creek] thence South 17°0' East 220.00 feet along said Westerly bank of Castle Cseekt thence South 4°22' Weat 53.00 feat along theta eesGZirlb~baakf Cantle Creek~~ ~,i thence South 7Z°06' Weat 110.00 feet along Y thence Savtffi 7°37' Wa9t 276.00 fast along Westerly'baak of Castle Creekt ~ thence South 0°14' Saat 85.00 feet along Westerly bank of Csatle,Creek; i thence North 75°10' Sast 53.10fsett thence North 25°44' Bast 84.08 feett thence North 45°18'Sast 67.00 Peed thence North 22°14'~SePt 158.42 feet thence North 6°42' Sast 315.80feet thence North 19°S5' Sast 78.94 feed thence North 15°37' Sast 26.18 feet to a goiat oa the 2;,ne between Coraes No. 1 and Corner No. 2; ' theaca North 5°20' East 234.15 feet along the line between Corner No 1 and Corner No. 2; thence North 12°49' Weet 67.73 feet] ~, thence North 9°58' Sast 187.71 fast to the Polat of 8eglaa;ag, ae herelnbefore described. 'i CODNTY OF PITBIN, STAT8 OF COLOR#DO. .re$_ ,,,ry 1' ,rd' ~~~ fit, \~ I41 I III`II 458790 I II~~II IIIIII~IIIIIIII IIII~I~~~I I~IIII~I~~I~~~~III~I~~~.00 9g 19D 0 S 00:01P ~ i r 458790 TRANSFER DECLARATION RECEIVED 09/19/2001 WARRANTY DEED THIS DEED, Made this 19th day of 9epte2nber 2001 JAN83 W. RNOlPL83 AND DIANA F. T026BACK of the said County of and State of COLORADO FRANK S8R68N whose legal address is 13 0 S8V8N HILLS DR . BOULDER, CO. 80203 of the said Coumy of and State of COLORADO ,between grantor, and c- a grantee: WITNESSETH, That the grantor for and in consideration of the sum of Tan dollars and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained. sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the said County of PITKIN and State of Colorado described as follows: i S88 EXHIBIT "A" VO IIIIII~IIIfIIIIII~IIIIIIIIIII~~IIIII~IIIIII~~I~ll~l~l~l 958 Z90 e2:e1p liILVIR DRV15 FI TKIN CWNTY C0 R. SS.00, D 105.00 alsb known by street and number as: 201 CONUNDRIIM ROAD, ASPEN, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversicn and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what- soever 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, his heirs and assigns forever. And the granmr, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of dte premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those specific 8xceptione shown on the attached ae "BRHIBIT 1". The grantor shall and will WARRANTY AND FOREVER DEPEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assig ,against all and every person or persons lawfully claiming the whole or any pan thereof. The singular nu shall include the pl al plural the singular, and the use of any gender shall be applieable m all genders. W TNESS WHE a grantor has executed this deed on the date set forth above. ~~ T- l ~',~•r 1~.,~Q , J~~--~ AN83 N. RN L8S DI~ F. /T01d8QACK /~ / ~ Q _~l SUB UC LAY/,r .[,._~(fL~ /nl /,/`~^J'liLWn .~C _ l `6: State of COLORADO ) / ss. 'SATE O~ ` County of PITKIN } The foregoing instrument was acknowledged before me this 19th day of September 2001 by JAN85 N. KIPOSVL83, INDIVIDUALLY AND AS ATTORNEY-IN-FACT 'FOR DIANA F. TOMBACK My commission expires December 27, 2001 Witness my~ andl °ffictal sea~~ 11/{~Yf ~fJY/7/~l~ ~. Notary Public ~, {tI' File No. 00028721 Stewart Ttne or Aspen, Inr. No.9a2A WARRANTY DEED (For 1'[wtogrophic Record) fY9J2ANEW) Rev. 7/99 f i, EXfIIBIT 1 EXCEPTIONS File Number: 00026721 1. Distribution utility easements (including cable TV). 2. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with paragraph eb of contract Form No. CBS1-9-99 [Matters Not Shown by the Public Records]. 3. Inclusion of the Property within any special taxing district. 4. The benefits and burdens of any declaration and party wall agreements, if any. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes for the year 2001 and subsequent years not yet due and payable. 7. Right of way for ditches or canals constructed by the authority~of1922 in1HOOk States, as reserved in United States Patent recorded, September 6, 159 at Page 142. as Reception No. 81655. 8. Right of way of County Road as granted in Quit-Claim Deed recorded June 6, 1940 in Book 157 at Page 635 as ReceF~tion No. 90816. 9. Easements, rights of way and all matters as shown on Improvement Location Certificate with 1041 approval, recorded May 19, 1987 in Plat Hook 19 at Page 63 as Reception No. 289116. 10. Easement for Utility Lines as shown on survey of thedatedeSe Pembert 5,b2001p as David W. McBride RLS 1fi129, P Survey Engineers, Inc., .. Job No. 7108. 11. Right of way for Conundrum Creek Road. ~II~IIIiIIIINI~II~IIIIIlII II~II~IIII~I III ~~I~~I~lIN~IO 951~9D g0~5. 00.01P Stewxr/ Tide of Aspen, inc. Exhibit I -Deed Exceptions (YDSEDEXCEPI1 Rev. 7199 a MEMORANDUM TO: Pitkin County Hearing Officer FROM: Tamara Pregl, Planner*,~'~ RE: Bergen 1041 Hazard Review and Conceptual Submission DATE: March 19, 2002 Subm~s on toOesYablEis~h a buildm enve oll a azound thesexistin 4un rovemRaneview and Conceptual g P g ~ p is (residence, garage, septic system) on the property to allow for the demolition and reconstruction of the residence. APPLICANT: Frank Bergen REPRESENTATIVE: Derek Skallco of Studio B Architects LOCATION: The property is addressed as 201 Conundrum Drive. STAFF'S RECOMMENDATION: Staff recommends that the Hearing Officer continue the Bergen 1041 Hazard Review and Conceptual Submission to April 16, 2002, for the purpose of allowing time for staff to receive and review the engineering report which is being compiled on the stability of the slope directly below Conundrum Drive. *Ms. Pregl has a Masters in Urh¢n Planningfrom the University ojWisconsin-Milw¢ukee. Ms. Pregl has been working with Pitkn Counry Community Development Departmental ¢ Plannerfor 4 years. ~I County of Pitkin } AFFIDAVIT OF NOTICE & i } ss. MAILING PURSUANT TO State of Colorado } PITHIN COUNTY LAND USE CODE SECTION 4-90 I t f~, 1~Y,A~-KO ,being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 4-90 of the Pitkin County Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all ownerss of property adjacent to the subject property, as indicated on the attached list, on the ~ I day of ~~~~' ~a~ 2002(which is'!'7days prior to the public heazing date of 2CO.'- .The names and - I f addresses of the adjacent property owners shall be those on the current tax records o Pitkin County as they appeared no more than 60 days prior to the public heazing. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest pub~li~c~yway) and that said sign was posted and visible continuously from the 3 ~~day of ~"P"`~ , 2002to the ~ day of '~ , 2002. (Must bel posted for at least fifteen (15) full days before the hearing date). A photograph of the posted sign is attached hereto. j.Fr~.K rn .moo /~ : ~c~5 x t Applicant's name (Attach photograph here) Signature ~, It1 Signed before is ~ o 20~by w ~¢ ~ p1Ai1G «. Signature d PUBLIC NOTICE NOTICE IS HEREBY GIVEN, to the general public that on Apnl 16, Pitlcin County granted approval for the Bergen 1041 Hazard Review an 2002 the Hearing Officer of ' d Conceptual Submission application (P002-02). This site specific. development plan grants a vested property right pursuant to Title 24, Article 6%, Colorado Revised Statutes. s/James True Hearing Officer Pitkin County, Colorado Published in the Aspen Times on May 4, 2002 Pitkin County Account 002.02 Public Private X ,, J ,. PUBLIC NOTICE RE: BERGEN 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION , (P002-02) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 19, 2002, to begin at 3:OOpm, or as soon thereafter as the conduct ofbusiness allows, at the First Floor Meeting Room of the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Hearing Officer to consider an application submitted by Derek Skalko of Studio B Architects on behalf of Francis Bergen, Jr. requesting 1041 Hazard Review and Concaphial Submission approval to establish a building envelope for the. replacement of an existing residence. The p p y • of land situated within the boundaries of H.E.St No. 112; sand H.E.SaNo. d 12 beinglocated in Section 2, Township l l j South, Range 8~ West of the 6th P.M and in Section 35, Township 10 South, Range 85 West of the 6~' P.M. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Tamara Pregl at (970) 920-5103. s/James True Pitkin County Hearing Officer Published in The Aspen Times on Februaryl6, 2002 ..n,. ~. ~_ .._, ~, w ~.,...~ ,. ... t, _.~ Pitkin County Account No. 002.02 Public Private X ;,fie ~1~- Em~tl~D Tv L~~15 S~R~Kc~i Sti~~U 13 ~Fe~1T~-tS o~(o~ ~oa _... ~ ,. -.r.-. ... .. L... :. .:: .. ,.{d u...tn n' ew:. .x.S-: rz. hr i. 6ixr ..b Si..::~i4. rc•: @'. '. g,...3 555 North Mill Street Aspen, CO 81611 ~ ~ ~ Phone: 970.920.9428 Fax: 970.920.7822 7'~'nittal To: Pitkin County From: Derek Skalko, Studio B Architects per; Date: 10-18-01 Phone: Pages: Re: 1041 Summary Letter CC: Studio B Architects To Pitkin County, I am writing this letter of request in regards to the 1041 Hazard Review and Conceptual Submission for the Frank Bergen property located at X01 Conundrum Drive (PID# 2911-021-00-002) in order to address the following issues: Section 3-70 Water resources have been addressed by the current property. Existing well and septic system with leach field in existence for current home Iodated on property. Section 3-80.040 Beach Resources Management was hired. by Frank Bergen for property inspection. Findings of Beach Resources are included in attached letter to Pitkin County. Section 3-80-050 Geologic slopes are addressed in topographic maps supplied in package from Aspen Survey Engineers. Section 3-80-070 Issue of wildfire has been discussed at site visit with Vince Urbina from the Colorado State Forest Service. His findings from the site visR are documented in attached letter. Section 3-80-080 A meeting with Pitkin County biologist Jonathan Loweski was held at the site. He found no concerns due to riparian habdaU wetland issues during the meeting. His official comments will be attached td the 1041 report as it is forwarded to him in the process. .~ Section 3-110 Improvements and Services will be addressed as needed during the process. Documentation of well and septic systems are on file for property with the Ptf<in Couri'iy Environmental Hazard Department. If any questions should arise or supplemental information is necessary, please do not hesitate to contact me. Thank you, Derek Skalko -. ~, .. ,:,,Ka .,~. y ro~.ata,, , .~.., ,a-:~ ,,. r, .,.a .;~~ ~.~:~ a.~wz~ ~,~~,.,~.,..a~.w~~a~ NOV-14-2001 12:10 FROM: TQ,970 920 7822 P.001~003 ~~ Beach Environmental, LLC Telefacsimiie Trarlsmissiun From: (970) 925-3475 Dater. IK GI k'roject/Clicnt:_~Q~g~ oa99 7~0:_ nPtn k C~ S} Adab QJ ~r•C.~~~tr LAS TelefaxNumbcr: ~a0--ifs~'~2 This telcfax consists of legal and/or ~, letter size pages. (including cover sheet) Ori~nalMailed: Ycs If you have any trouble re;eeiving this izazlsmissiou call (970) 925-3475. This tzazlsmission is intended only for use by file individual or entity addressed above and is consi.dercd coufidcntial between these parties. if you have received this transmission in, error, you should take immediate anion to preve„t its disclosure, dissemination, or use by any other party. 715 W. Mnin, Suite 304, Aspeu, CO 81611 Tel: (970) 925-3475 raxc (970) 925-4754 ,1 ~` ... .. ,. ., .,,.. .,tt. '.m-t> .. ,. Lx.Xw .._. z ,-. i , x.~, ~w r~, ,nr >_..is;,a NOV-14-2001 1210 FROM ~,- ,> , ~~ neaCh Environmental, LLC Curtis B. Sanders, Fsq. Krabacher & Sanders, P.C. 201 north Mill Street, Suite 201 Aspen, Colorado 81611-1557 Re: Dear Curtis: T~c970 920 7622 P.002~003 ?~2g °j September 14, 2001 Bergen -Castle Creek Floodplain At your request,l. have reviewed both the mapping and engineer's opinion ]ewer you provided relative to the tioodplain ai 239 Conundrum Creek Road. This tnotning one of my staff and 1 visited the property to verify information contained within the engineer's letter, Our findings were developed within 24 hours are described below. Please know the attached exhibits do nqt represent our normal finished product. i. The floodplain at Chis location is included within zone A of the FENIA floodplain mapping for Pitkin County, Zone A means no base t7ood elevations have been determined for this section o1' Castle Creek. 2. The subject property at 239 Conundrum. Creek Road is directly downstream of the confluence of Castle Creek and Conundrum Creek. 3. The property is located along the right bank of Castle Creek. at an approximate elevation of 8630 feet MSL; 4. The Banner Associates letter of August 1,8, 1986 states therers a positive elevational difference between, the 100 year flood plain limit and the home's floor level which approximates 2.7 feet. The letter also recommends that one foot be deducted from this difference to account for wave action. 'Pthile thisrs not cuslomaty, we do not find objection to this recommendation since is snakes the variance more conservative yet maintains the one foot separation required by Pitkin County Code. 5. Our site investigations today confirm a 2.7 foot positive elevational change between the theoretical Castle Creek flood plain and the floor elevation of the home. ]I`. W Mdin Smrc 'son /aspen. CO m AI i T~~r970)YLS-5475 1 i% HLF 6J$4 Therefore, we find no reason to contradict earlier findings of Banner Associates engineer :Donald Pettygrove, P.E., which conclude that the structure " 2.7 feet above elre maximum ihe~retical high water level for a storm with a ]00 year recurrence interval." Moreover, if water does exceed the theoretical flood plain limits, Pettygrove found that 'few, if any, adverse effects are expected as a result ~f the writer velocity in rTae proximity of the structure." ,..e-- .. _ ..,a, v.,.R.,.....:,..!~:.. ~ni ~-, .,.s .. .. ,:ar e.»x.usw...~;;.nmtis:.,n2,au!.c ,.e, >n3SV. x..,....d~k c>r..,.w2k~dhSa NOU-14-2001 12:10 FROM: ~., 11L-ACH ENVIRONMENTAL, LLC T •970 920 7822 P.003~003 Nagc 2 September 14, 2001 In laymen terms, we view this to mean that even if waters do cross the 100 year hood plain boundu•y, waters reaching the house will not carry enough velocity to adversely impact the siructute. Theoretically moDe.Ied conditions indicate tYood t7uws are not anticipated to reach the house. For your convenience we are inc]uding a copy of the inforniation used to reach our conclusions. Should you have any additional questions or concerns, please contact me Directly. .,~ __-• Sincerely, "r ` ~ ~o ;t t~ ... ley W ~\paE... :6S-t.. -.., yw_¢~.-,- G eac , CES, R n,,,,. '...:,;; , 02991.01 w/at[actunants u _.~ ~ , Co~c~~~ate FOREST SERVICE December 5, 2001 Stale Services Building 222 S. 6t6 Street, Room 416 Derek Skalko cram Junction, comraao slsox Studio B Architects Telephone: (v~o~ 2as-~s2s 555 N. Mill Street Aspen, CO 81611-1509 Re: Bergen/Czech 1041 Wildfire Hazard_ Review Dear Derek, Please submit this letter with any correspondence regarding this property to the Pitkin County Planning Department. When I receive the application referral from them I wi71 defer:ia7 tf is ivmmet-tS .^•vntain^ctra in this iettef. I visited the site at 0201 Conundrum Drive on November 30th with Derek Skalko. •.-y., r , the owner's representative.. There is an existing house that the current owners would. like to replace but still use the existing building footprint. Access is from the Conundrum Creek Road. This envelope sits on a level bench between Conundrum Creek and the Conundrum Creek Road.. There are some existing spruce trees and cottonwoods on the creek side of the house. To the east the slope rises quickly up to the Conundrum Creek Road. The vegetation on the east side of the house is, scattered aspen and a shrub understory. 1 would rate the wildfire hazard for the envelope as medium. Derek and talked at length about three existing spruces that are very close to fhe house. The owner would like to keep these trees and I have no problem with that. However they need to have some branches removed so they do not touch the future structure. The lower branches have been removed on these, trees, which will take care of the ladder fuel problem. Any future planting of treks should done so that any side branches will be no closer than 10 feet measured from the outermost.branch. Feel free to call me with any questions. Si~ rely, Vince Urbina Assistant District Forester FROM :B & R SEPTIC FRX N0. :970-963-3814 ec. 13 2001 03:41PM P1 p FACSIMILE 7f2p,NSMtSSION SHEET DATE: ~~ _ ! ~ -~ ~ - TELEPHONE: PAGES TO FOLLOW: FROM: ~t~R SEPT~~ R Rn~TER SERVICE, Q~Q,~ Handv Dr. GARBONDALE COLORADO 81623 Linda & Roger (970) 963-3814 COMMENTS: Aspen (970)920-2059 FROM ~H & R SEPTIC ~. ~ FAX N0. :970-963-3814 . 13 2001 03~42PM P2 ~ ~,. ~ a .. o v ° ~ .W ,. .~ ~° fZo - ~ ^" w ~ . ~ w 3 1 tp <D z A fD . - I }. lair .i4', fA v Yr..t }a 9e a..e E.ir+l~9 j.a. ~:9.N.ui ati ~" y Sanctity of Contrcact® STEWART TI,TLE OF ASPEN, INC. January 2, 2002 Order No. 00029262 Re: Frank Bergen Property " Board of County Commissioners, Pitkin County, Colorado: Based upon a search of the appropriate real estate records of Pitkin Cou, nty, Colorado, Stewart Title of Aspen hereby certifies that at no time since January 1, 1972 has title to any tract adjacent to the property described on Schedule "A", attached hereto,. been in the same name or names as said described tract. This statement is neither and abstract, opinion nor guaranty of title and is intended specifically and exclusively for the use of the Board of County Commissioners of Pitkin County in determination of "merger of title' or lack thereof as said "merger" relates to the applicable statues, ordinances and restrictions of jurisdiction. It is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligations or liability whatever on any statement contained herein. Cordially, ~ % Tom Twitchelf Title Examiner "Enhancing the Real Estate Closing Process"TM 620 East Hopkins • Aspen, Colorado 81611 970-925-3577 • Fax: 970-925-1384 a Stewart Information Services company NYSE:STC wwwstewart.com ~, `~` :; SCFIEDIJLE A Order Number: 00029262 LEGAL DESCRIPTION A tract of land situated within the boundaries of H.E..S. No. 112; said H.E.S. No. 112 being located in Section 2, Township 11 Soutli, Range 85 West of the 6th Principal Meridian and in Section 35, Township 10`South;~Range 85 West of~ the 6th Principal Meridian, described as £ollowse Beginning at a point on the line between Corner.No. 1 and Corner No. 11 of H.E.S. No. 112 whence said Corner No. 1 bears South 1°12' East 138.42 feet; thence North 1°12" West 45:62"feet`to the North line of saidTownship 11 South, Range 85 West; thence West 227.63 feet along North line of saidTownship 11 South, Range 85 West, to the Westerly Baak of Castle Creek; '' thence South 15°0' East 91.18 feet along the Westerly bank of Castle Creek; thence South 5°0' West 132.00 feet along Westerly bank of Castle Creek; thence South 17°0' East 220.00 feet along said~Westerly"bankof Castle Creek; thence South 4°22' West 53.00 feet along the Westerly bank of Castle~Creek~• thence South 21°06' West 120.00 feet along'Weste`rly bank'of`Castle ~Creek~ thence South 7°37' West 176.00 feet along Westerly bask of Castle Creek; thence South 0°14' East 85.00 feet along Westerly bask of Castle Creek; thence North 75°10' East 53.10 feet; thence North 25°44' East 84.08 feet; thence North 45°18'East 67.00 feet; thence North 22°1`4' Eastlb8.42~~feet; thence North 6°42' East 115.80 feet; thence North 19~°"5~5~'East"'78'.94 feet; thence North 15°37' East 26.18 feet to a point on the line between Corner No. 1 and Corner No. 2; thence North 5°20' East 234.15 feet along the line between corner No. 1 and Corner No. 2; thence North 12°49' West 67.73 feet; thence North 9°58' East 187.71 feet ,to the Point of Beginning, as hereinbefore~described. COUNTY OF PITKIN, STATE OF COLORADO. °' "- i i ,. '^~ , i Sanctity of Cortract® STEWART TITLE OF ASPEN, INC. January 2, 2002 Order No. 00029262 Re: Frank Bergen Property Board of County Commissioners, Pitkin County, Colorado: Based upon a search of the appropriate real estate records of Pitkin County, Colorado, Stewart Title of Aspen hereby certifies that at no time since January 1, 1972 has title to any tract adjacent to the property described oh Schedule "A'', attached hereto, been in the same name or names as said described tract. This statement is neither and abstract, opinion nor guaranty of title and is intended specifically and exclusively for the use of the Board of County Commissioners of Pitkin County in determination of "merger of title' or lack thereof as said "merger" relates to the applicable statues, ordinances and restrictions ofjurisdiction. It is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligations or liability whatever on any statement contained herein. Cordially, ~J Tom Twitchell Title Examiner "Enhancing the Real Estate Closing Process"T"` 620 East Hopkins • Aspen, Colorado 81611 970-925-3577 • Fax:970-925-1384 a Stewart Information Services company NY'SESTC wwwstewart.com '' ' SCHEDULE A Order Number: 00029262 LEGAL DESCRIPTION A tract of land situated within the bouadarie_s of H.E.S. No. 112; said H.E.S. No. 1"12 being Zocated~~a~Secbion 2, Township 11 South, Range 85 West of the 6th Principal Meridian and in Section 35, Township 10SOUth, Range 85 West of the 6th Principal Meridian, described as follows: Beginning at a point on the line between Corner No. 1 and Corner No. it of H.E.S. No. 112 whence said Corner No. 1 bears South 1°12' East 138.42 feet; Southe Range 851Westest 45.62 feet to the North line 'of said'~Townshp 1~1~~ thence West 227.63 feet along North line ofsaid Township it South, Range 85 West, to the Westerly Bank of Castle Creek; thence South 15°0' East 91.18 feet along the Westerly bank of Castle Creek; thence South 5°0' West 132,00 feet along Westerly bask of Castle Creek; ' thence South 17'°0' East 220.00 feet along said Westerly bank of Castle Creek; thence South 4°2'2' West 53.00 feet along the 47e steely'"bank of`"Castile'Creek;' thence South21°06' West 120.00 feet along Westerly bank of Castle~Creek; thence South 7°37' West 176.00 feet along Plenterly bank of Castle Creek; thence South 0°14' East 85.00 feet along Westerly bank of Castle Creek; thence North 75°10' East 53.10 feet; thence North 25°44' East 84.08 feet; thence North 45°18'East 67.00 feet; thence North 22°16' East158.42 feet; thence North 6°42' East 115.80 feet; thence North 19°55' East 78.94 feet; thence North 15°37' East 26.18 feet to a point on the line between Corner No. 1 and Corner No. 2; thence North 5°20' East 234.15 feet along the line between Corner No. 1 and Corner No. 2; thence North 12°49' West 67.73 feet; thence North 9°58' East 187:71 feet ,to the Point"of Beginning,~as hereinbefore described. COUNTY OF PITRIN, STATE OF COLORADO. -" - ``' ~~ { _ 555 North Mill Street Aspen, CO 8161 i ~1 '""sa Phone: 970.920.9428 Fax: 970.920.782~L Fvc ro: Barbara @ Stewart Title of Aspen From: Derek Skalko Fax: 925=1384 oars: December 18, 2001 Phone: 925-3577 Pages: 8 Re: Information on Bergen Property: 28721 CC: Barbara, Attached you'll find the legal description for the Frank Bergen Properly located at 201 Conundrum, Drive. I believe this number may help: 28721 The six pages following are the adjacent landowners of the property owned by the Bergens. I am trying to put a package together for 1041 submittal and the two pieces of information necessary are as follows: Documentation/ proof of Access Documentation of Chain of Title (1972) /non-merger of lands for subject and adjacent parcels. (looking for illegal divided parcels and so forth) Thank you so much, _,,.. ~~: ~~~ ~ _ f. I ~ . t .~'i... _ a EXHIBIT A ter: 00028721 LEGAL DESCRIPTION S. No. 122; said N.H.5. ntZ~ Township 11 3outb.-'`Range 85'wea't ofthe ection 35, To}+aehip 10 South, Range 85 west of cribed' as'. £ollowa: w e betveea Corner No. 1. sad Corner No. II of erNol;~1'beaz'a",3ou'th 1°12' Bast 138.42 feet] set"to the Nortfi lice Of said Township 11 YOn IIAf aiAg6 6o pov M1^ s _. thea~ce west 227 63 feet`aloag 'Nosh lice of skid Township Il Son th, Range 55 bleat; ~~to the Westerly ~Baak of Cabbie Creek; Y ,~: ~theaca South 25°0' Hast 91.18 feet along the Weaterl beak of Castle Creek: thence South 5°0' bleat 132.00 feet aloagg estesly"baak`of Caafle Creek; thence South 17°0' Sast 220.00 feat aloes said Neaterly bask of Castle Creek; thence 3onth 4°22' Meat 53 00:,£eet along the Westerly bank of Castle Creek; thence South 21°06' bleat 120.00 feet k~Iong Are"sterly bsn~C ~of Ca's Ele Creek; thence 3onW 7°37' bleat 176 00 feet along wen terly back of CsaEle Creek; thence South 0°14' Haat 85 OO.feet along westerly bank of Castle Creek; thence North 75°IO' Hasp 53 SO~feet; thence North 25°44 east 64 O8 feet; thence North 45°18'Bast 67.00 feet; thence North 23°1~' Saa`t 158 42 feeE; thence North 6°42' Haat 115.80 feet; thence North 19`~5~' Bast 78 94 feet; thence North 15°37' Sant 26.18 fast to a pOSat~ on the lice betireea' C'o'rner No: 1 and Corner No. 2: thence North 5°20' Sast 234.15 feet along the line betireen Corner No. 2 sad Corner No. 2; thence North Z2°49' west 67.73. feet; thence North 9°58' Sast 187.71 feet to the Point of Hegiaaiag, as hereinbefore described. COUNTY OF PIT]CIN~ STATH OF COLORADO. IIII~~ II~II I~III~ ~~1~ I~~II ~I~II ~~II..I I~I I~II~ III III 9 95a 2®~ 00.01P ~(: a %~ 2 ,<, G~er~ 1000 20011232999 007 A Account: R009021 Account Type: Tax Yeaz: 2001 Version: Pazcel: 273535400006 Area ID: Mill Levy: 25.689000 APR District: Estimated Tax: 3,825.35 Status: * This Mill Levy is from the most recent tax roll CONUNDRUM TRUST C/O VECTRA BANK COLORADO 717 17TH ST STE 300 DENVER, CO 80202 Assessment Information 900,000 727,400 1,627,400 700,000 542,800 1, 242, 800 82,350 2,570 6.910 66,560 148,910 ,148,910 68,180 0 6.910 52,870 121,050 ,121,050 PITKIN COUNTY ' i i i Account: R003515 Account Type: Tax Year: 2001 Version: Parcel: 273535400003 Area ID: Mill Levy: 25.689000 APR District: Estimated Tax: 1,084.85 Status: * This Mill Levy is from the most recent tax roll ~'^ ~ '~?ii a 6 b e'er'.... CASTLE CREEK RD ASPEN, 81611 ~""'*q~ Assessment Information 455,000 6, 600 b ~. i ,~~ 1000 20011232999 007 A 41,630 1,476 7.000 600 391,200 38,100 PITKIN COUNTY 38,100 ~, ~y ~""", Account: R010146 Account Type: Tax Year: 2001 Version: Parcel: 273535401002 Area II): Mill Levy: 25.689000 APR District: Estimated Tax: 13,409.66 Status: * This Mill Levy is from the most recent tax roll Assessment Information 1,800,000 0 1,800,000 1,250,000 0 1,250,000 PITKIN COUNTY 522,000 0 522,000 <.,„ 362,500 0 362, 500 0000 20011232999 007 A 1 522,000 ,362,500 ~ t~ ,. ~. Account: R004003 Account Type: Tax Year: 2001 Version: Parcel: 291102100003 Area ID: Mill Levy: 25.689000 APR District: Estimated Tax: 2,352.08 Status: * This Mill Levy is from the most recent tax roll .. ~" ~ ' e~, . „ ~ :, . "`fix" , , WHITSON LUETTA 50% INT PO BOX 705 ASPEN, CO 87612 Assessment Information 1000 20011232999 007 A 800,000 73,200 2,734 2.000 200,700 18,360 ~~ ,. ~~~ 1,000,700 91,560 9'9,560 ... -. .. SEA.,; __ ~~ 700,000 68,180 0 2.000 '` 153,700 14,970 .Jlub fi:L\2~fe.Q+..... aLti::?/. 2: . % L~.1 ~~ 853,700 83,150 83,150 PITKIN COUNTY ---- .. _ .. . .~~., _,xs. .. ~.,,.„ ~, --~, ~:.~..e,~,, I ,. Account: R003409 Account Type: Tax Year: 2001 ~ Version: Parcel: 291102100010 Area ID: Mill Levy: 25.689000 APR District: Estimated Tax: 2,266.28 Status: * This Mill Levy is from the most recent. tax roll x y ~ x. ~,,~:~ , ~ A>. .::. 'oo ~~iawy..n ~>~~. :.ra w...: ka. a. .~.. .. .... ~. >.'.~ FOX HARRY MICHAEL COLORADO LIMITED PARTNERSHIP 14130 MULHOLLAND DR BEVERLY HILLS, CA 90210 ~,, Assessment Information ,. 900,000 82,350 64,100 5,870 964,100 88,220 s'~sa"~x`ae~.~~."~'~~~~a4' ~`~.~G,Lc8::~ar~a4;~~& alw 700,000 68,180 49,800 4,850 749,800 73,030 loon 20011232999 007 A 0 1.300 88,220 ~. ~.. . ~ e„ r :, ,. ... ~.,_. - _ ,r,w, °~~ 73,030 a.. ~ -.E. t. ~ ~ :w PITKIN COUNTY Account: R009202 Tax Year: 2001 Parcel: 291102401001 Mill Levy: 25.689000 Estimated Tax: 2,863.04 * This Mill Levy is from the most recent tax roll GOUDVIS ANNE K GOUDVIS PATRICIA J PO BOX 3646 ASPEN, CO 81612 ~ ~ ~+ ~ " 300 CONUNDRUM RD ASPEN, 81611 Assessment Information Account Type: Version: Area ID• APR District- Status: looo 20011232999 007 A "'°" 318,000 29,100 a. . .~ µ .. ~~~~` 1,218,000 111,450 ,111,450 ... .1.80 0 ... _~. ~._ _ ...,- ..:~ ~,;,~_, ~n~ 700,000 68, 0.010 "` ~~~j~ ,, 239,400 23,320 939,400 91,500 PITKIN GOUNTY 91,500 ~~ ~v NOV-27-2001 TUE 0425 PM FAX NO P, d2 w; PITICTN COCINTY PRE-APPLICATION CONFERENCE SUMMARY pATI%t November 27, 2001 ~ PROJECT: BerBcn 104] Review and Conecptual Submission LOCATION: Conundrum (Parcel ID: 291102100002) 'LONE AFR-10 APPLICANT: Derek Slcalko Tel: 0-9428; Fax: 0-7822 PLANNER: Ezra Louthis Tel: 920-5442 1. Type of Application: Bergen 1041 Hazard Review and Conceptual Submission. 2. Description of Projeet/Development: Applicant proposes to establish a building envelope for a new residence. There is an existing residence on the property, and the applicant attends to tear down the existing residence and replace i[ in a diffcn:nt location. Areas in which fire Applicant is requested to respond, types of reports: • Section 3.50, Enviiontnental and Aesthetic Standards • Section 3-70, Water Resources • Section 3-110, Improvements and Services + • Section 3-80, 1041 Hazard Review - 3-80-40 Floodplain - 3-80-50 Geologic (Partially Mapped as 30%, potential Alluvial Soils) - 3-80.70 Wi[ditre (Mapped as Low Wildfire) - 3-80-80 Wildlife (Ripazian) 4. Review is before: Hearing Officer 5- Public Hearing: Yes, at Hearing Officer. The applicant shall post a public notice sign on the property at least ] 5 days prior to the hearing and sball mail notice to all adjacent property owners at least 30 prior to dte hearing with the retunt address of the Community Development Department ,! (copy of the notice to be obtained from the Community Development Departroent). The names and addresses shall be those oa the cmrent tax records of Pitkin County as they appear no mote than GO days prior to the date of the public hearing. 6. Will be referred to: Attorney, Wildlife Biologist, Colorado State Forest Service, );ngineer, Environntentai Health, Castle/Maroon Caucus. 7. What fees was the applicant requested to submit: - Planning OffIee (deposit) - $1,110 (additional hrs. are billed at a rate of $185/hr.) - Fees for Engineer billed on final b71 at $65/lir. • Fees for Hearing Officer at SI25/hr. 8. To apply, submit nine (9) copies of the following information, unless otherwise noted (please use double sided copying when possible): >~ • Letter of request (application), addressing Code Sections listed above; ~b 24" X 36" folded Site Plans (please see attached site plan requirements); ~:+ Documentation/proofafAccess; ~- Documentation of Chain of Title/non-merger of lauds for subject and adjacent parcels (2 copies); ~• Proof of ownership including legal description; ~ • Agreement for payment form (2 copies); ,~• Alistofadjacentpropertyowners(!copy); Jt•+ Total deposit for review of the application; i~• Copy of this pre-application form (1 copy); • Prior to final approval, the applicant shall certify either through sworn affdavi[ or by an attorney licensed to practice law in dte State of Colorado thaf notice has been made to any mineral estate owners as required by C.R.S. section 24-65.5-103_ PLEASE NOTE[ Ibis pre-applicafiars conference summary is advisory in naeure and not binding on the County. The information provider! in this summary is based on current zoning standards and staffs interpratarions based upon representations of the applicant. Additional information may be required upon complete review oftbe application. . ;~ i ASPEN/PITHIN COMMUNITY DEVELOPMENT'DEIjA'Y2`TMENT 130 South Galena Streef Aspen, Colorado 81611 Phone (97b) 920-50911 FAX (970) 920-5439 MEMORANDUM TO: County Attorney Wildlife Biologist Colorado State Forest Service County Engineer Environmental Health Castle/Maroon Caucus FROM: Tamara Pregl, Community Development Department RE: Bergen 1041 Hazard Review & Conceptual Submission (PID 2911-021-00-002; CASE # P002-02) DATE: January 15, 2002 Attached for your review and comments are materials for an application submitted by Francis Bergen, Jr. The Pitkin County Hearing Officer will review the application on Tuesday, March 19. 2002. Please return your comments to by Friday, February 15, 2002. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. ,!_ licensed to practice in the ASPEN/PITK COMMUNITY DEVELOPMENT L . ARTNIENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 FAX# (970) 920-5439 January 15, 2002 Derek Skalko Studio B Architects 555 North Mill Street Aspen, Colorado 81611 Re: Bergen 1041 Hazard. Review and Conceptual Submission (PID 2911-021-00-002, Case No. P002-02) Dear Derek, 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. We have scheduled this application for review at a public hearing by the Pitkin County Hearing Officer on Tuesday, March 19, 2002, at a meeting to begin at 3:00 p.m. in the First Floor Meeting Room of the Courthouse, 506 E. Main Street, Aspen, Colorado. 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 Planning Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week. after) and to mail notice to all adjacent property owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development Department). A copy of the public notice is enclosed. The names and. addresses shall be, those on the current tax records of Prtkm y y pp y p p g r to Hearing Count as the a eared no more than 60 da s rior to the date of the u61ic hearin Prio~{ '~ ~'" _u Officer approval the applicant shall certify, either through sworn affidavit or by an attorney licensed to practice in the State of Colorado that notice has been made to any municipal estate . ... .. owners as requrred by C.R.S. Section 24-65 5-103. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Tamara Pregl, the planner assigned to your case, at 920-5103. Sincerely, ~~ ~_~~ Isabel Calderon Administrative Assistant Enclosure NOV-12-200] MON 05 41 FAX N P, 07 ASPEN'/PITKIN CONIMU'NITY DEVE,Y,OPMENT DEPARTMENT Agreement for Payment of Pitkin County Development Application Fees .. „, , PITKIN COUNTY (hereinafter COUNTY) and ~aArc~s ~ Q£2G~r~ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for UZo1 Co~v~rJp2~ ~~~K Oca~v (hereinafter, THE PROJECT), 2, APPLICANT understands and agrees that Pitkin County Oxdinances No. 98-7 and 99-37 establish a fee structure for Planning applications and the payment of all processing fees is a condition precedent. to a determination of application completeness. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it 'is not possible at this time to ascertain the frill extent of the costs involved in processing the application. APPLICANT and COUNTY further agree that it is in the interest of the parties for APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT's application. 4. COCJNTY 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 fandings for project approval, unless current billings are paid in full prior to decision. t NOV-12-2001 NON 05:41t„~ FAX h?,,,~ P• 08 . .., , 5. Therefore, APPLICANT agrees that in consideration of the COCJNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the,. processing of the application mentioned above, including post approval review. 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 ~2gNt-~5 ~ ~'K6~:J, ~2 Cindy Houben Community Development Director I'rintName v r" - 'V Signa Date: ~ 1 i `1 ° ~ Mailing Address: t3C3 ~rvs~ ~}t~-t.S D2 g:lsuppo rt\form s\agrpa ypt cioc 05105/00 1 Qw°-~~ , GO FSa3o'Z -. . ,.~ .. esz.>. -~.vi, s 4~5,.,,,..,x~,M a ti_a au.....~.. .t ,z.,.a~~';3 _ P. 0 NOV-12-2001 MON 05 40 , FAX ~ 4 _.,._ ,_. ~, ASPEN/PYTKIN COMMTJNITY DEVELOPMENT DEPARTMENT Pitkin County Development Application, Fee Policy Pitkin County, Pursuant to Board of County Commissioners Ordinances No. 98-7 and 99-37 has established a fee structure for the rocessing of land use p applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other County departments reviewing the application will also be collected when necessary. One check ea hdland use applf~atiP°annmaded a able to thef Aspeust be submitted with g p nlPitkin Community PY Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Staff Approval which normally take a minimal and predictable amount of staff tune to process. The 'Fee is not refundable. i A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another, Actual staff time spent will be charged against the deposit. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Outstanding balances must be paid before a Land CJse Takings Determination is heard before the Board of Cotmty Commissioners. In no case will Building Pernlits be issued until all costs associated with case processing have been paid. After the final action on the project, any remaining balance from the deposit will be refunded to the applicant- Applications which require a deposit must include anAgreement for Payment of Develo ment A lication Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. ~ The complete fee schedule for land use applications is listed on the attached. -- ~. ~: NOV-12-2001 NON 0540 FAX Aspen/P'itkin Community Development Department Pitl~n Couuty .2000 I'LAIVNING APPLICATION FEES The categories of review processes and base fees for the processing of land use applications shall be as follows: CATEGORY FEE LAND USE APPLICATION FEES Major Deposit $2,220.00 Minor Deposit 1,110.00 Administrative Depvsit 460.00 Flat Fee 2».00 Hourly Rate 185.00 LAND USE REFERRAL FEES COUNTY ENGINEER, ENVIRONMENTAL HEALTH &RFTA Flourly Rnte 65.00 LAND MANAGEMENT Hourly Rate 135.00 HOUSING Major $320.00 Minor 160.00 COUNTY CLERK ADMINISTRATIVE FEE P, 05 Major $600.00 Minor 300.00 Insignificant 110.00 A. The following guidelines shall be used for the administration of the fee structure set forth above: 1. Fees cikarged for the processing of applications which fall into more than one category shall be etunulative; while the fees charged for the processing of applications within the same category shall not be cumulative. In the event that the fees which result from cumulating are found by the Community Development Department to be excessive in relation to the number of hours it is anticipated to require to process the application, the Director may waive the cumulating requirement. 2. All deposit based land ttse applications shall be submitted with a signed Agreement for Payment of Development Application Fees. 3. The Community Development Department, County Engineer, Environmental Health, RFTA attd other County staff shall keep an accwate record of the actual time required for the processing of the land use application and Additional Billing shall be made commensurate with the additional costs incurred by the County when the processing of an application by the Community Development Department lakes more time than is covered by the Base Fee. In the event the processing of an application by the Community Development Department takes less time than provided for in subsection A, the Community Development Department shall refund the unused portion of the Base Fee_ 4. Adciitionai Billings shall be based solely on processing time spent by members of the Community Development or its designee in the processing of an application. NOV-12-2001 MON 05;40. FAX P, 06 -.,» 5. Additional Billing shall be computed at the rate of $185.00 per hour of additional Community Development Department and Land Management staff time required. Ttefunds of unused hours shall be made at the rate of $185.00 per hour of time. 6. The Community Development Department Director shall establish appropriate guidelines for the collection of Additional Billings as required. 7. This fee structure shall be reviewed annually as part of the County budget hearing pmcess and should any adjustments be necessary, they shall'tie changed to become effective on7anuary 1. 8. The Community Development Department shall identify, prior to or at the time of submission of a land use application, whether an application is to be referred to the Engineering, Environmental Hcaltli, Wildlife Officer, or Housing Departments or whether a County Clerk Administrative Pee is required. The Community Development Department shall also identify whether an application constihrtes a ».. minor or a major referral, based on the number of hours which will be required to review the application, and charge the applicant for each referral accordingly. Additional Billings and Refunds shall not apply to the computation of referral fees. Tn the event that staff determines that special expertise is required to assist the Community Development Department in the review of a permit application such costs will be borne by the applicant. Revised 05/05/00 , {~~~V ii ,; ~~ _ , ~01..,ITII1~_ "~y""~ _ .. . ,.. _ 130 SoutFi tU'ai'ena Stceeti~' ~b.„.N. Aspen; `Colorado'8161'1 '"° " " '~'" (9'70) 9'20=u'b.~9`d'""".,.w„,.~. .., _ ,. ~ !~ Pit&:n ~oun~y ' _'' "" .~°, ";'"" Land Use ~ -.. .. ;. 172' "'Boa$~ of.~`~'us`~ ,.,." .~'~. ~ ._ tment 159 County ~and'L7se~C"o~d`e w;~ ;.. ~~.,r .`,,:"~ ~.w~ N~ .... ~~ d, i 173" Dejio"'sit µ ~.~~,, 179 Flat F`ee ,. .,. w. ,~,_ ,.u.. 'i I'62 ~`oriirig and 5ig'" ,:. ~. ..~. ~~~: ,. ~'~, n 169'. Public"No'{ice ',~ ° ~~ , ;~. 16Q' PIannmg Enforcement x ~' "" .DATE: "`