Loading...
HomeMy WebLinkAboutpitkin.planning.291102100023 (2)DOCUMENT LAYOUT THIS FILE MAY OR MAYNOT CONTAIN ALL OF THE,INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Rearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17} a: i i ., ., 4 ., P-~,. .r~ . _~ DETERMINATION OF THE NEARING OFFICER.OF.THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL TO THE BIRK/MATHYS 1041'HAZARD REVIEW Determination No.O'~~,-2001 RECITALS 1. Walter and Rosemarie Birk {"Applicants") have applied to the Pitkin County Hearing Officer for 1041 Hazard Review approval to establish a building envelope that will encompassan existing single-family residence. 2. The property is zoned AFR-10 and contains 4.27 acres. 3. The property is located at 0299 Conundrum Road and is more specifically described in Exhibit A. 4. The Hearing Officef heard this application at a duly noticed public hearing on October 16, 2001 at which time evidence and testimony were presented with respect to this application. I 5. The Hearin Officer finds that the buildin envelo a avoi habitat hasgow wildfire hazard- and is to ated in the bestds significant wildlife location to avoid potential avalanche danger on the property. NOW THEREFORE, BE IT RESOLVED by the Pitkin County Hearing Officer that approval is hereby granted to the Birk/Mathys 1041 Hazard Review for a building envelope that will encompass an existing residence subject to the following conditions which shall run with the land and be binding on all successors in interest. 1. The Applicants shall adhere to all conditions and material representations made in the application and public meetings except as amended herein. 2. Prior to submittal for any building permits, the Applicants shall record a 24 X 36 inch mylar 1041 Hazard Review Site Plari in accordance with Sec"fion 5=70-640 of the Land Use Code. The site plan shall also be submitted in digital format for integration in to the County Geographic Information System (GIS) prior to submission of a building permit. 3. The Applicants shall modify the building envelope to avoid all red avalanche zone areas. A site plan with a modified building envelope shall be approved by Community Development prior to recordation 4. The Applicants shall comply with the following wildfire mitigation measures: 0.~~ V U~ i IIIIII VIII IIIIII IIII VIIIIINII IIIIII III VIII IIII IIII ~6 0098 0~i3: 11P SILVIR DP.VISPITKIN COUNTY CO R 0.00, D 0.00 i y'. I'I i Hearing Officer Detemilnation2Vo.0~'1~-2001 Page 2 Defensible Space: . . ,. Note: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions. A. Brush, debris, and non-ornamental vegetation shall be removed within a distance a 10 foot perimeter of all structures. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around a structure built on flat ground. C. Spacing between clumps of brush and vegetation within the 30 foot perimeter shall be a minimum of two and a half times the height of the fiiel: `1C%Taximum diameter of the clumps shall be two times the height of the vegetation. All measurements shall be from the edges of the crowns of the fuels. Ladder fuels should be removed up to half the total height of the shrubs. F. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and removal of ladder fuels from around trees and brush. G. Tree crown separation within a 30 foot perimeter5ha11 have a minimum of 10 feet between the edges of the crowns. This does not apply to mature stands of Aspen trees where the above recommendation for removal of ladder fuels have been complied with. H. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. I. The density of fuels within a 100 foot perimeter around all structures shall be reducedwhere natural reduction has not already occurred. 7. All deadfall within the 100 foot perimeter shall be removed. K. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 5. The Applicants shall comply with the following additional wildfire mitigation standards: A. Roofing: New roofs shall have anon-combustible roof covering on a class A, assembly roof system. Wood shake/shingle roof coverings and flat roofs (up to a 3:12) pitch aze prohibited. B. Vents shall be screened with corrosive resistant wire mesh with mesh one-fourth- inch (1/4") maximum. C. Roofs and gutters shall be kept clear of debris. D. Yazds shall be kept clear of all litter, stash, and flammable debris. E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Weeds and grasses within the 15 foot perimeter shall be maintained to a height not more than 6 inches. G. Firewood/wood piles shall be stacked on a pazallel contour a minimum of 15 feet away from any structure. H. Swimming pools shall accessible to Fire Deparhnent vehicles. 00~'a02 461098 I IIIIII VIII IIIi~I IIII IIII IIIIII IIIIII III VIII IIIIIIII 0 11920/0200003: 11P I I ? '1 ._._. ._.._. ... ... _._... .. n: T Hearing Officer Detemrination No. b~ f-2001 Page 3 I. Fences shallbe kept clear of brush and debris. J. Wood fences shall not connect to any structure. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shallbe installed according to NFPA 48 standazds and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one pound approved ABC fire extinguisher placed in a visible and accessible location. O. Addresses shallbe clearly marked with 2 inch non-combustible letters and shall be clearly visible at the primary point of access from the public or common access road and installed on anon-combustible post. P. New utility lines shall be buried in the existing driveway. 6. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building [and/or) development envelopes unless otherwise specified in this document, such as necessarywildfire mitigation. Utility and driveway extension and maintenance shall occur within approved building, development or access envelopes. 7. The Applicants shall comply with the following avalanche hazard mitigation measures: A. If structural avalanche defenses are required to protect people or structures, they shall be designed by a certified engineer to withstand avalanche impact forces. Prior to submittal for any building permits, the Applicants shall provide avalanche hazard mitigation as recommended by a certified engineer or geologist. Such mitigation shall automatically become conditions of approval for any building permit on the property. B. Clear-cutting or other large-scale removal of vegetation, particularly within avalanche path starting zones, shall be prohibited. C. Extractive operations shall be prohibited within avalanche hazazd zones during the winter unless there is an approved program of avalanche control and defense measures. D. New utility lines or pipes that serve structures on the property and that cross avalanche hazazd zones shall be buried. E. Warning signs of the potential avalanche danger shall be placed along the driveway to the residence. F. All structures on the property shall be built to certified engineering standards to withstand moderate avalanche impacts. The Applicant shall bear all costs of any avalanche control that may be required to mitigate the hazard. (~. [[}}~~••~~jj 461 @98 ii~~VUJ ~illllll VIII IIIIIIIIII VIII IIIIIIIIIIILIII VIII IIII IIII01L20 D20 0003:IIP~ SILVIR I Hearing Officer DetelminationNo ail -20 ' O1 Page 4 8. Realignment ofthe existing driveway or further extension of utilities outside the parameters of the existing driveway shall not be permitted without further review by Community Development. 9. The Applicants shall comply with the 2001 Wildlife Protection Ordinance No. 010- 2001 for waste storage. Compliance with the condition shall be verified by the Pitkin County Wildlife Biologist prior to issuance of a certificate of occupancy. 10. Pursuant to Ordinance No. 022-2000, the Applicants are subject to the Fair Share Requirements and shall pay a road impact fee as calculated at the same time as building permit issuance. 11. Floor azea 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 submittal. 12. Prior to commencement of any earthmoving or construction activity, the Applicants shall stake the corners of the building envelope and install caristructiori fencing azound the perimeter of the building envelope. The fencing shall remain in place until issuance of certificate of occupancy. 13. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, sub}ect to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-6$-1'05. The statutory vested rights granted herein shall expire on October 16, 2004. ~~~~. { Page ~/ I IIIIII III IIIII I IIII III I IIIII II~III III IIIIIIIII III 461 @98 a '~~ ~Y1 11/20/2001 03: 11P SILVIRbRVISPTfiKYN CtlUNTY 'Cb' R0.~00 D 0'.00 ~, i =-;, Hearing Officer Deternvnation No. d'1~-2001 Page 5 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 15th DAY OF SEPTEMBER 2001. APPROVED ON THE 16TH DAY OF OCTOBER 2001. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTSIN THE ASPEN TIMES WEEKLY ON ~~1esLr~lC~ Do 1 ATTEST: Isabel Calderon Administrative Assistant HEARING OFFICER OF PITKIN COUNTY,COLORADO ames R. True Hearing Officer Date:_ _ ~/~( APPROVED AS TO FORM: John E C y Attorney APPROVED AS TO CONTENT: ~~~d , , Cindy Houben, Community Development Director Case #P92-Ol PID# 291102100023 ,~~~~ ~~~III~I~I~I~~II~~~II~I(II~III~IiIIIIIIIIIIIIIIIIIIIIII 46009803;13P R 0.00 D 0.00 cx,~- aoo~ :. -. ~, EXHIBIT "A" LEGAL DESCRIPTION A Parcel of land being part of H.E.S. No. 112, Township 11 South, Range 85 West of the 6th P.M., described as follows: BEGINNING at a point whence corner No. 8 of said H.E.S. No. 112 bears, South 21°11' West 416.65 feet, which point is also the Northwesterly corner of that certain parcel of land described in Book 189 at Page 254; then East along the Northerly boundary of said 189!254 parcel a distance of 303.69 feet to a point of intersection with the Westerly Boundary of that certain parcel of land described in Book 183 at Page 92; thence along the Westerly boundary of said 183/92 parcel the following courses and distances: North 12°1T East 139.45 feet; North 13°55' East 173.07 feet; and North 04°00' East 80.88 feet to the Southwesterly comer of that certain parcel of land described in Book 185 at Page 191; thence along the Westerly boundary of said land in Book 185 at Page 191 parcel the following courses and distances: North 04°55' East 163.68 feet; ~ North 02°15' West 177.09 feet; and North 06°57' East 48.76 feet to the Southwesterly corner of that certain parcel of land described in Book 188 at Page 41; thence along the Westerly boundary of said Land in Book 188 at Page 41 parcel the following courses and distances'.. North 06°5T East 93.30 feet; North 27°2T East 96.06 feet; and North 01 °39' West 143.43 feet to the Southwesterly corner of that certain parcel of land described in Book 196 at Pace 59; thence 04°20' West along the Westerly boundary of said land in Book 196 at Page 59 parcel a distance of 34.67 feet~to a point of intersection with line 8-9 of said H.E.S. No. 112; thence Southwesterly 1211.00 feet, more or less, along said line 8-9 of H.E.S. No. 112, to the point of beginning. ' +~~~ SIIIIII (III Illlil il~ IIII IIIIII VIII (~ IIII IIII IIII 0 46 0 @980oa ~ ~ ~a PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMIVIARY DATE: PROJECT: LOCATION: ZONE OWNER/APPLICANT: PLANNER: March 26, 2001 Mathys 1041 Review 0299 Conundrum Rd. AFR-10 Marc Mathys Ezra Louthis (Parcel ID: 29I 102106023) Tel: 925=2400 Tel: 920-5442 1. Type of Application: 1041 Hazard Review 2. Description of Ptoject/Development: Applicant proposes to establish a building envelope fora new residence. The pazcel already contains a residence, but the applicant would like to remove the existing residence and propose a new building enve]ope. 3. Areas in which the Applicant is requested to respond, types of reports: • Section 3-80, 104I Hazard Review - 3-80-50 Geologic (mapped as 10-30% Slope, Avalanche hazard, and Alluvial Soils) - 3-80-70 Wildfire (Mapped as low hazazd) - 3-80-80 Wildlife Habitat • Section 9-110-052 (D) Exemption for Replacement Units 4. Review is before: Hearing Officer 5. Public Heating: Yes, at Hearing Officer. The applicant shall post a public notice sign on the -` property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners at least 30 prior to the hearing with the return address ofthe Community Development Department (copy of the notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appear no more than 60 days prior to the date of the public heazing. 6. WiII be referred to: Attorney, Wildlife Biclogist, Colorado State Forest Service, Engineer. 7. What fees was the applicant requested to submit: ~p{~~Q ~d~uvOcn-r Ll4A~i4S V'1J+~31n.. P\YQ - Planning Office (deposit) - $1,110 (additional hrs. are billed at a rate of $18S/hr.) - Fees for Engineer bt7led on anal bill af$b5%lir. ~ ' 8. To apply, submit six (6) copies of the following information, unless otherwise noted: i i j PLEASE NOTE: This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and ~ ~~~~ staff's interpretations based upon representations of the applicant. Additional information may be ' required upon complete review of the application. ~, • Letter of request (application), addressing Code Sections listed above. ~ 24" X 36"'folded Site Plans (please see attached site plan requirements); Plan and elevation drawings of proposed residence (if available); w Documentation or Chain of Title/Proof of ownership (from a title company or attorney licensed in the State of Colorado) including legal description; Demonstrate that existing residence was legally created (e.g. building permit); ~ Documentation of how and when parcel was created; Provide a report from qualified engineer or geologist addressing geological hazards;+ Agreement for payment form (2 copies); ~ A list of adjacent property owners (1 copy); ~ Total deposit for review of the application; /• Copy of this pre-application form (1 copy); .~'°. MEMORANDUM TO: Pitkin County Hearing Officer FROM: Brian McNellis, Planning Technician RE: Birk/Mathys 1041 Hazard Review DATE: October 16, 2001 'p Con~tual SuObmi~o approval ho establ sh a building enveloped Review and that will encompass an existm home. APPLICANT: Walter and Rosemarie Birk REPRESENTATIVE: Marc Mathys LOCATION: The property is located at 0299 Conundrum Road. ZONING/SIZE: The property is zoned AFR-10 and contains 4.27 acres. The property is non-conforming in size. t~F em~orAan~dum and aExe attached for reference.oWrit ets are incorporated throughout n comments were not received from the County Attorney, Zoning, Engineer or the Castle/Maroon Caucus. STAFF COMMENTS: 1041 Hazard Review: Wildfire: the Colorado State Forest Service has rated the property for low wildfire. The Aspen Fire Protection District reviewed this application and requested installation of a fire sprinkler system, access or fire fighting apparatus, and aturn-around for fire vehicles. Colorado State Forest Service and Aspen Fire Protection bistrict comments are attached for reference. Geoloeic: The site plan submitted by the Applicant indicates that the entire property lies within slopes in excess of 30 percent. Staff can verify that there are flat landscaped areas to the south of the existing residence that are acceptable for development and are not represented on the submitted site plan. The proposed building envelope includes an area north of the existing residence that includes man-made slopes of greater than 30 percent. As identified in the attached geologic report, the existing house is within a confirmed blue (moderate) avalanche zone and lies directly between two existing avalanche paths. Expansion of the residential footprint to the north would -bring development closer to a ~~~;~~ -~: ,~ confirmed red (high) avalanche area as represented in the application. Pursuant to Code Section 3-80-050 (A); 1. Development is prohibited within High Hazard Avalanche zones. 2. Development within Moderate Avalanche Zone may only be permitted under the following circumstances: a. If an entire property is affected by the Moderate Hazard Avalanche Zone, development may be permitted if the hazard can be adequately mitigated to ensure public safety pursuant to the standards in Part 3 of this section. Staff Response: Almost the entire property is affected by at least a Moderate Hazard Avalanche Zone. b. In the event that development outside of the Moderate Hazard Avalanche Zone will result in significant environmental degradation, the Board may, in its discretion, approve such development with adequate mitigation measures to assure the safety of the occupants of the property. Staff Response: There is virtually no place on the property where development could take place outside moderate avalanche hazazd areas without encroaching closer to an identified avalanche pathway. c. The Board finds that other hazards present on the property outweigh the risks associated with development in the Moderate Hazard Avalanche Zone, the Board may, in its discretion, grant approval to such project subject to compliance with the mitigation measures specified in Part 3 of this section. Staff Response: The greatest 1041 Hazard concern on the property is the avalanche hazazd. d. If a development project located within the Moderate Hazard Avalanche Zone is denied, an application may appeal the denial to the Board of County Commissioners pursuant to Section 3-290 of this Code. If an appeal of the project is granted by the Board, then the development application shall incorporate avalanche hazard mitigation pursuant to Part 3 of this section. Staff Response: N/A The property is located within a debris fan, however the rock-fall hazard was assessed as low. Historic: The existing structures on the property have no significant historic value. Wildlife: The property is not mapped for wildlife habitat. I RECOMMENDATION: Staff recommends that the Hearing Officerapprove the Birk/Mathys 1041 Hazard Review subject to the conditions in the attached Hearing Officer Determination. Attachments• L Draft Resolution 2. Colorado State Forest Service letter 3. Aspen Fire Protection District memo 4. Consulting Geologist letter * Mr. McNellis has received a Bachelors Degree in Environmental Design from the University of Colorado and has' worked as a Planning professional for 6 years. Mr. McNellis haS been an employee of Pitkin County for a total of 5 years. ~V~~~'~ ,. .. .. -rC4 c.~ .... G. ,. ~aa ::. C+»i s±.f:^'. .,N"'c _'"~~ h n.A'7n ~`u-'~s'n ~i~`"~n°'v~,~ :d ~ '' W1 FOREST SERVICE June 15, 2001 Mark Mathys c/o California Stove & Bath 303 E. Main Street Aspen, CO 81615 Re: 299 Conundrum Creek Rd. Property Dear Mr. Mathys, State Services Building 222 S. 6th Street, Room 416 Grand Junction, Colorado 81501 Telephone: (970) 248-7325 I met you at your property at 299 Conundrum Creek Road, June 13, 2001 for the purpose of reviewing the property for wildfire hazards. Though the property is on a severe slope above the creek, it is still within the riparian zone and has characteristic vegetation with a low wildfire hazard potential. The access road may be a concern for structural fire engines in terms of the grade and switch back turn radii, but wildfire hazards appear to be low. Thank you for the opportunity to review this proposal Sincerely, John W. Denison District Forester ~~a.;''.:C.~s ` ~ . ~,~ ~, ~ Memo To: Brian McNellis From: Aspen Fire Protection District Subject: Birk/Mathys PID #2911-021-00-023; CASE # P92-Ol Date: September 4, 2001 Brian, This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but is not limited to: the installation of an approved fire sprinkler system, fire department apparatus access, and provisions for the turning around of department apparatus. Please have the applicant contact the Fire Marshal's office for specifications on the above requirements. Please contact me if you have any comments or concerns. T you, d ~Q~~.}~ ~.- - O L 5 5 0 N A S S O C I A T E5 ENGINEERS PLANNERS • SCIENTISTS SURVEYORS 14 June 2001 OA Project Number - 2001-0499 C/O California Stone and Bath Design 303 East Main Street Aspen CO, 81611 Attention: Mr. Marc Mathys RE: Avalanche Risk Assessment Dear Marc: Enclosed for your use is our Geologic Hazards Assessment Report for the Birk property. The report was prepared based on the terms of our letter proposal to you dated 30 May 2001. The results of our analyses indicate that the Birk property is situated in a Blue (Moderate) Avalanche hazard zone as defined by Ptkin County: Expanding the footprint of the existing structure to the north, west or south is possible without encroaching into a higher (Red) avalanche hazard zone. Furthermore based on observations made surrounding the property it is our opinion that the geologic hazards associated with rockfall and debris flows is low. We hope this report provides you valuable assistance in your re-development efforts with the property. I will be out of the country through the end of the month, but will contact you upon my return to .answer any questions you may have. I have also included an invoice for the balance due, per the terms of our work agreement. Thanks again: Yours truly, Olsson 7A;s~s,(oc~iates Matt Fuller R.G Engineering Geologist/Project Manager F:\Geotech\Ve~i~'1SASN'~h~~h'~"t~r~~irtUrYYdn'~i',d~e~~r~eLl ~L~~~~aS~a~"tl}~%?~~~~~~o~lt°I~SLq°~valanche Assesment\Transmittat letter.doc a ~ 3 ,. ,~ ~.. ~ ~ ~ r ~~ _ `~ ,ate. r ~4 ~ ~~ t iii ~ t ~. tlf~t r~ ' . r F, „f ~, .'~ ~ c ~E ~,~ J~ 3 r ~~]~ q~y1.,~~ ~. - ~ _~f y, i ~~ ~, ~ ~i ~ S ~ y ~y *F ~ L~'A ~ _ ~ ry ` \ '~ ,b. ~ ~ ~~ Y+ '} ~ tl; i4 '~ yyy,,,~~~ ~Y M~y~ 4 +Q~' ~ u+l c~' ~~4°~fi, ~l~ '~' { ~ 1 ~ ~ ~ ~ 3 t~ ~~ _~.oe4. .~. ..... s. c fir. .. Qk3;a ... '~ ' i ~+ t y Aq .: } rti _ ~ t~ ,, .. --~, i,r na a _, k ~ -- ~'~: 1041 Exemption Application Pursuant to Sections 9-110 052 (D) and 3-80-020-A For the Reconstruction of a Single Family Residence Unit At 299 Conundrum Road Submitted to Ezra Louthis By Marc Mathys June 20, 2001 (970) 925-2400 ~~~~~'C ,~ _.,; ~_ , ` - Table of Contents A. Introduction B. Site Data C. 1041 Hazard Review D. Requested Attachments a. A 24"x36" 1 041 Hazard Review Site Plan b. Plan Elevation drawings -submitted, but these may change significantly c. Documentation of Ownership d. Demonstration that existing residence was legally created -Since the County's file is lost, I have not been able to find direct proof, but see tax records showing the increase in assessed value in 1978 and 79 -shortly after the 1041 resolution. I have found the 1041 resolution -see below. e. Documentation of how and when and how the property was created. Property was created by a variety of deeds of various dates, but in any event before June 12, 1978 as evidence by Pitkin County Board of County Commissioners Resolution approving a 1041 review of the site dated June 27, 1977 £ Professional Reports i. Geologic and Avalanche Report -Mat Fuller - Olsson Associates ii. Wildfire Review by John Denison, CSFS g. Agreement of Payment h. Adjacent Owners i. Pre-Application Form 1 aot~o~.s -A~_..... a., F m._ .:~.- ~.,w~~n_ .+xs+n .... ,.p,e,+ u,~nau a.ca ,"~ I. INTRODUCTION The Applicant, Marc Mathys, requests approval to replace an existing single-family residence on a 4.378 acre parcel of land located at 299 Conundrum Creek Road: The replacement residence would be 5,750 square feet in size in accordance with the Pitkin County regulations. The property contains an existing home and landscaped yard area. Although the existing residence was constructed in accordance with approval from the Pitkin County Board of Commissioner pursuant to Resolution 77-80, a Hazard Review Site Plan was not needed at the time and the property file is missing from the County records. This application includes a 1041 Hazard Review Site Plan with a defined "Building Envelope" that includes the existing residence and the improved yard area around the house. The proposed new house would be built within the Building Envelope. The following application has attempted to address all of the requirements of the Land Use Code and issues raised by the Planning Staff. If additional information is required in the course of the Land Use review, the Applicant will make every attempt to provide such information. The replacement unit is using the same building envelope which was approved by the prior 1041 resolution. The expansion of the existing foot print is being done in the direction away from the Geological and Avalanche Hazards. Pursuant to Section 3-80-020-A, this application should be reviewed by the planning director and should not require a Hearing Officer or other review. The 1041 Hazards are not being increased by the replacement unit. Furthermore, applicant is willing, as seen in the responses below, to apply the usual mitigation standards that are traditionally applied to this type of 1041 property. However, in the event the county disagrees with this position and determines that this application must be reviewed by the Hearing officer, this document includes responses to all of the applicable 1041 review standards so that the county can process this application accordingly. 2 u%-=/i'=~.,i,fk,,,,,,i N:j:? r..r.r;WG ,_H.,axs rs~5 t az:.,, 11. SITE DATA Project Representative: Marc Mathys (970) 925-2400 FAX 920-7991 Owners: Walter H. and Rosemarie D. Birk under contract by Marc Mathys Parcel I.D. No.: 291 1 02 1 00023 Property Size: 4.378 -Acres Zoning: AFR-10 Setbacks: Front Yard - 100 Feet, Rear Yard - 30 Feet, Side Yard - 30 Feet Access: Conundrum Creek Road and then an easement through the property below gains access to the site. Electric Utilities: Holy Cross Electric. Phone. U.S. West Communications Water Water is provided by well Sewer An Individual Sewage Disposal System 3 III. 1041 HAZARD REVIEW ~: Pursuant to the pre-application meeting, the subject property is affected by the following 1041 Hazards: GEOLOGIC -INCLUDING AVALANCHE WILDFIRE WILDLIFE The issues associated with the above hazards and the Applicant's proposed mitigation strategies follow GEOLOGIC HAZARDS A Geologic Hazard Review of the property has been completed by Olsson Associates, (Attachment 5). The report concludes that the potential impact from }2ockfall and debris flow hazard is minimal and the associated risk is low. AVALANCHE HAZARDS A Geologic Hazard Review of the property has been completed by Olsson Associates, (Attachment 5). The report concludes that almost all (all if you consider set backs) of the property lies in the "Blue" -moderate zone. The review standards for development in Moderate Hazard Avalanche Zone and Geologic Hazards are found in Section 3-80-050 C of the Land Use Code. Following are the applicant's response to these standards. Applicant does not believe that they apply to the site as the property already has an approved 1041 pursuant to Pitkin County Board of County Commissioners Resolution 77-80 dated June 27, 1977. Section 3-80-20 A provides an exemption for the reevaluation of a site if a building is being reconstructed and the 1041 r r~ ,. ~,;~ Hazards are not being increased. The proposed building envelope puts the added structure away from the Hazard (avalanche is the only one which is relevant) so the risks are decreased not increased. 2. Moderate Hazard Avalanche Zone. Development within a Moderate Hazard Avalanche Zone may only be permitted under the following circumstances: a. If an entire property is affected by the Moderate Hazard Avalanche Zone, development may be permitted if the hazard can be adequately mitigated to insure public safety pursuant to the standazds in Part 3 ofthis section. Response: Virtually the entire property is affected by at least the Moderate Hazard Avalanche Zone -see Hazard Map. The existing house has been in this location since the seventies and the experts found no evidence of avalanche history. The prior 1041 review determined that this id the appropriate location for the house. A site visit from the professionals confirms that moving the building will actually be less desirable. This confirms the conclusion that the experts reached when the house was first built. The avalanche expert in his report does not recommend any structural mitigation due to the South facing slopes and the low probability of an actual avalanche. b. In the event that development outside of the Moderate Hazard Avalanche Zone will result in significant environmental degradation, the Board may, in its discretion, approve such development with adequate mitigation measures to assure the safety of the occupants of the property . Response: This does not apply since the entire potential building envelope is affected by at least the Moderate Hazard Avalanche Zone -see Hazard Map. c. If the Board finds that other hazards present on a property outweigh the risks associated with development in the Moderate Hazazd Avalanche Zone, the Board may, in its discretion, grant approval to such project subject to compliance with the mitigation measures specified in Part 3 of this section. Response: See response to (a) above. d. If a development project located within the Moderate Hazard Avalanche Zone is .,., m x ~,~:.. N.<,,. , :"!' _ , denied, an applicant may appeal the denial to the Board of County Commissioners pursuant to Section 3-290 of this Code. If an appeal of a project denial is granted by the Board, then the development application shall incorporate avalanche hazard mitigation pursuant to Part 3 of this section. 3. Mitigation Standards a. Development shall be restricted to the least hazazdous area of a project site. Response: The proposed building envelope accomplishes this. b. If structural avalanche defenses are required to protect people or structures, they shall be designed by a certified engineer to withstand avalanche impact forces. Response: .The existing house have been there since the seventies and the experts found no evidence of avalanche history. There is no better location for the house. A site visit from the professionals confirms that moving the building will actually be less desirable. This confirms the conclusion that the experts reached when the house was first built. The avalanche expert in his report does not recommend any structural mitigation due to the South facing slopes and the low probability of an actual avalanche. Since the risk is not increased over the existing structure, mitigation is not required. c• Clear-cutting or other large scale removal ofvegetation, particularly within avalanche path starting zones, shall be prohibited. Response: No such action is proposed. d. Extractive operations are prohibited within avalanche hazazd zones during the winter unless there is an approved program of avalanche control and defense measures. Response: No extractive operations will occur. e• Utility lines or pipes crossing hazard zones shall be buried. Surface pipes, poles, or towers for suspended transmission lines in hazard zones shall be protected by utilizing avalanche diversion methods or protection structures. Response: The applicant will comply with this requirement in that all new utilities will be buried. With regard to the existing power poles which serve multiple residences, they will remain. Since the risk is not increased over the existing risk, no mitigation is required.. . ae- ~., ~ . ,;.; , ;~~. Roads intended for winter use shall avoid avalanche hazard areas. If the Board finds that it is not possible to construct a road that avoids high or moderate avalanche hazard areas, then the Board may approve a road subject to site specific mitigation methods. Roads which must cross hazardous areas shall be designed to limit exposure and utilize avalanche control practices to reduce the danger along exposed road segments. Where the main access road to a proposed development is crossed by an avalanche path a secondazy access maybe required. Response: The road is existing, but to the extent the road is modified, the applicant will comply with this requirement. The road is not a main access road to a proposed development. g• Warning signs shall be placed "along commonly traveled winter roads at trails which cross avalanche hazard zones. Response: The applicant will comply with this requirement. h. Property owners who develop in avalanche areas or obtain driveway access through avalanche areas shall bear the costs of any avalanche control measures that maybe required to mitigate the hazazd. Response: The applicant understands this. C. Potentially Unstable Slopes 1. Development is prohibited on slopes greater than fifteen percent (15%) unless a specific development proposal is found to result in a site design that creates less impact than if the development was limited exclusively to slopes of less than fifteen percent (15%) In the event that a development proposal utilizes slopes in excess of fifteen percent (15%) or if a development site is comprised exclusively of slopes which exceed fifteen percent (15%). design and development shall be based on a detailed site analysis, including geologic and engineering studies to identify the best development area based on the following considerations: Response: The entire property is on slopes greater than $fteen percent (15%). The building envelope is location on less steep terrain than the rest of the lot. The Geologic Report included in this application concludes that the replacement unit will be located in the most suitable portion of the property. ------- ~ ,K„ ~~. ~~-~~ ~~~ ~ ~.~-~,.~ . ~ ~ ~-~~ ,,:~ a. Adequate mechanical support shall be provided for cut slopes. Response: The applicant will comply with this requirement. b. Adding water which may decrease slope stability shall be avoided. Response: The applicant will comply with this requirement. c. Adding weight to the top of the slope shall be avoided. Response: The applicant will comply with this requirement. d. Disturbed slopes must be contoured so that they can be revegetated. Response: The applicant will comply with this requirement. e. Steepening of existing slopes shall be avoided. Response: The applicant will comply with this requirement. f Confine cuts, fills, grading and excavation to the minimum area needed for construction. Response: The applicant will comply with this requirement. 2. Development is prohibited on slopes greater than thirty percent (30%). Response: The applicant will comply with this requirement. WILDFIRE According to the County's wildfire hazard maps, this property is rated as a low wildfire hazard area. This low hazard rating was confirmed during a site visit conducted with John Dennison of the Colorado State Forest Service on June 13, 2000 A letter from Mr. Dennison providing his comments on this application is included as an Exhibit. The review standards for development in low wildfire hazard areas are found in Section 3-80- 070 C ofthe Land Use Code. Following are the applicant's response to these standards. Location a. The building envelope shall not be located in draws, canyons or on slopes greater 8 Y ~- than 30%. Response: The building will not be located on such slopes. 2. Defensible Space a. The area around the structure shall incorporate landscaping with wildfire defensible space considerations as follows. (1) Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. Response: The applicant will comply with this requirement. (2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around a structure built on flat ground. Response: The applicant will comply with this requirement. (3) Spacing between clumps of brush and vegetation within the 30 foot perimeter shall be a minimum of two times the height of the fuel. AZI measurements shall be from the edges of the crowns of the fuel. Response:' The applicant will comply with this requirement. (4) All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground, and removal of ladder fuels from around trees and brush. Response: The applicant will comply with this requirement. (S) Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the edges of the crowns. This does not apply to mature stands of Aspen trees where the above recommendations for removal of ladder fuels have been complied with. In areas of Aspen :•e-generation, the spacing guidelines shall be followed. Response: The applicant will comply with this requirement. (6) All branches which extend over the roof eaves shall be trimmed and all hrarzches within I S feet of the chimneys shall be removed. Response: The applicant will comply with this requirement. (7) The density of fuels within a I00 foot perimeter of the structures shall be 9 reduced wlzere natural reduction has not already occurred. Response: The applicant will comply with this requirement. (8) All deadfall within the 100 foot perimeter shall be removed. Response: The applicant will comply with this requirement. (9) The applicant shall be responsible for the continued maintenance of tlae defensible space vegetation requirements. Response: The applicant will comply with this requirement. 3. Structural Design and Construction Requirements a. Roofing Roofs shall have a Class A, non-combustible roof system. Wood slzake/shingle roof coverings are prohibited in all wildfire hazard areas. Roofs with less tl:azz a 3:12 pitch are not permitted i~z 1041 Wildfire Areas unless they comply with the following.• 1) AZZ roof coverings shall be non-combustible materials as defined in the Uniform Building Code (UBC) 1997 Section 1504 and installed on a Class A roof assembly. 2) All roof coveritgs shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing the roof of debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by UBC 1997 Chapter 14 and shall laave a minimum slope of 1:48. S) All roof designs, coverings, or equivalent assemblies shall be specifzcally approved by the Fire Marshall prior to submittal of a building permit application. Response: The applicant will comply with these requirements. b. Vents (1) Vents shall be screened with corrosive resistmzt wire mesh 1/4 inch maximum. Response: The applicant will comply with this requirement. 10 4. Structural Design and Construction Options The Board may, in its discretion, approve a development which incorporates the following architectural design standards in substitution for the Defensible Space requirements in this section. a. Projections (I) Projections at the roof line (vehicle include but are not limited to eaves, cornices, soffts and roofs over open decks) shall be sheathed with materials approved for 1 hour fire- resistive construction. Response: The applicant will comply with the defensible space requirements and does not propose to substitute these structural options for the defensible space requirements. (2) For projections below the roof line (which include but az•e not limited to exterior balconies, decks, porches, cantilevered floor projections, and bay windows) the open space between grade and the znderside of projections below the roof line shall be enclosed by solid, vertical walls. These walls shall be constructed witle materials approved for 1 hour fire-resistive construction on the exterior of the wall and shall extend from the top of grade to the underside of floor decking or walls of the projection. An alternative construction method for such projections would require use of noncombustible roof materials, or heavy timber or log wall construction, if the underside of tTze projecting portion is covered with materials approved for one hour fire resistive constntction and there are no inside angles of less zhan 75 degrees. Areas below such projections shall be void of vegetative or other combustible materials. These areas below projections shall be protected from accumulation of vegetative materials by placement of a vegetative barrier covered with rocks or gravel or by coverage with concrete or stone. There shall be no storage of combustible materials under projections. The walls underneath projections shall be constructed with materials approved for 1 hour fre resistive construction ozz the exterior of the wall. Window openings in walls below projections shall be tempered glass. Doors shall be noncombustible or 1 3/4" solid wood. Response: The applicant will comply with the defensible space requirements and does not 11 propose to substitute these structural options for the defensible space requirements. b. Windows and Glass (1) Glazed openings shall be provided with closable, solid, exterior non flammable shutters or shall be tempered glass. Response: The applicant will comply with the defensible space requirements and does not propose to substitute these structural options for the defensible space requirements. c. Exterior Walls and Siding (1) Siding and exterior wall construction shall have a minimum 1 hour fire-resistive rating, ground level to roof line. Exterior doors shall be noncombustible or 1 3/4"solid wood. Response: The applicant will comply with the defensible space requirements and does not propose to substitute these structural options for the defensible space requirements. d. Foundations (1) Foundations, skirting and crawl space openings shall be fully enclosed and constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to tlse underside of the floor decking or walls. Response: The applicant will comply with the defensible space requirements and does not propose to substitute these structural options for the defensible space requirements. e. Stilt Construction (1) The underside of decks and structures with stilt foundations shall be fully enclosed and constructed with materials approved for 1 hoar fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. Response: The applicant will comply with the defensible space requirements and does not propose to substitute these structural options for the defensible space requirements. 5. Maintenance a. Roofs and Gutters shall be kept clear of debris. b. Yards shall be kept clear of all litter, slush, and flammable materials. c. AZZ flammable materials shall be stored on a parallel contour a minimzm: of I S feet away 12 - -mcreusea~:cr~sr~crgai~e-rv~rtrfrre-rarccrras. `. rye-o~p-n".. -~ from the structure. d. Weeds and grasses within the 10 foot perimeter shall be maintained to a height of not more than 6 inches. Response: The applicant will comply with all of these requirements. 6. Miscellaneous a. Firewood/wood piles shall be stacked on a parallel contour a minimum of IS feet away from the structure. b. Swimming pools shall be accessible to Fire Department vehicles. c. Fences shall be kept clear of brush and debris. d. Wood fences shall not connect to the structure. e. Any outbuildings or additional structures shall aa'here to the same standards as structures. f. Fuel tanks shall be installed underground with an approved container: g. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2hour fre-resistive construction on the exterior of the walls. h. Each structure shall have a minimum of one 10 pound ABC fire ea'tirzguisher. i. Addresses shall be clearly marked with 2 irrch non-combustible letters and shall be clearly visible at the primary point of access from the public or common access road and installed on anon-combustible post. Response: The applicant will comply with all of these requirements. 7. Access a. Access roads shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provide by the Colorado State Forest Service, the Sheriffs Department, or local fire protection districts. Where feasible, looped routes of access/egress to the main artery/highway shall be incorporated in the project design. Where this is not feasible, the Board may approve vehicle turnaround areas a maximum of 750 feet apart, installed between the road intersection 13 ~, and its terminus. Turnaround areas shall be the same standard as call-de-sac turnaround pads; these may be incorporated in the proposed driveway entries. Response: Access to the property is provided via the existing driveway. The driveway is approximately eight feet (10') in width, which complies with the County standard that driveways have a minimum width of between eight feet (8') and sixteen feet (16'). The driveway has been modified so that it provides a turnaround at the top as can be seen from proposed plans. The Volunteer Fire Department -Fire Marshall has done a site visit and an additional site visit is being scheduled to meet the fire requirements. b. Dead-end streets (no cul-de-sacs) shall not be permitted. Response: No new streets are proposed. c. Cul-de-sac turnaround pads shall have a minimum of a 30 foot drivable surface inside turning radius. Response: If any cul-de-sac tumaround pads aze required as part of the development, they will comply with this requirement. d. The driveway and access roadway shall enter the roadway at a 90 degree angle for the first 25 feet of the driveway. Response: The driveway intersection with Conundrum Creek Road is existing and passes through an adjacent property via an easement. The traffic impacts on this intersection from the proposed residence will be negligible as this is a replacement residence. e. Fuel breaks shall be incorporated into the roadways of the subdivision for 100 feet on each side of the roadway. Response: This is not a subdivision application. f. Access roads shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provide by the Colorado State Forest Service, the Sheriffs Department, or local fire protection districts. Response: The access road is existing, but the applicant will respond to reasonable requests made by these referral agencies. 8. Water Suuply a. When access to a public or private water system is not available, or if it is necessary to az~gment the fire protection water systems, private ponds :nay be used if approved by 14 Pitkin County and the local fire protection districts. Response: A private pond is not proposed as part of this application. b. Any fzre department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a Fire Department approved mechanism (such as a fre hydrant). The amount of storage capacity shall be determined by the fire protection district, with a minimum of 1000 gallon storage capacity per stricture. Response: The applicant will comply with these requirements. It is anticipated that an on- site water storage cistern will be installed on the property, in compliance with the requirements of the Aspen Fire District. c. Residential structures located within areas identified as containing "C -Severe Hazard: Trees", or 'X -Severe Hazard: Brush" wildfre hazard shall be required to install in- laouse sprinkler systems which meet the standards of the local fzre protection district and the Uniform Building Code. Response: The property is not rated as being subject to a severe hazard. However, it is anticipated that a sprinkler will be included in the house, since it will contain in excess of 5,000 sq. ft. of floor area. 9. Utilities a. Utility lines shall be buried. Response: The applicant will bury any new utility line but, since it is a replacement residence does not intent to bury the current power lines which run through the property and supply power to several residences. 15 WILD LIFE Review of the WRIS Wildlife Maps on file in the Community Development Department indicates that there are no mapped wildlife habitats on the subject property. Jonathon inspected the site and concurs with this opinion. CONCLUSION Section 9-110 052 (D) allows a GM exemption for replacement units of 5750 Square feet or less. Section 3-80-020 (A) of the Pitkin County Land Use Code provides the standards for determining how the County will evaluate a proposal to remodel or replace a single family residence in an area mapped for 1041 Hazazds. It states that the Planning Director may approve the reconstruction of asingle-family structure as an exempt development, if the activity does not create any additional 1041 Hazards. The specific site has already been approved as per the attached Pitkin County Boazd of County Commissioners Resolution 77-80 approving a 1041 review of the site dated June 27, 1977. No Wildfire or'Wildlfe impacts are expected to result from this project. Based upon the reviews of the above professionals, the only substantive issue is avalanche. The Avalanche Hazazd map shows that virtually the entire property is in the moderate zone. The existing house has been located in the most suitable location as determined by both the past 1041 review and the current experts. The proposed building envelope contains the existing footprint and moves in the direction away from the avalanche hazards. No additional avalanche or other 1041 Hazard exists. This application should. be done by the Planning Director and should not require a Hearing Officer or other review. 16 ,.. ,..,. ~..~.. , ~,.,;a~::. ,h.,'dx' _ '?rid ,.. ~..~.~er,~ ^'" ~' .~ '""~, VEST US INC. GEOLOGIC HAZARDS ASSESSMENT PITKIN COUNTY, COLORADO Prepared for: Vest U.S. Inc. C/O California Stone and Bath Design 303 East Main Street Aspen, Colorado 81611 Prepared by: Olson Associates 14 3 Union Blvd., Suite 700 Lakewood, Colorado 80228-6539 United States Tel: (720) 962-6072 • Fax: (720) 962-6195 June, 2001 Olson Associates Project Number 2001-0499 Vest US Inc. .. Page i Birk Property, Pitkin County, Colorado ~ - Geologic Hazards Assessment Contents 1.0 INTRODUCTION ................................................:...........:.................................,... 1 2.0 SITE DESCRIPTION .........................................................:...........................:...:.. 2 2.1 Location and Description ........................................................................... 2 2.2 Site Characteristics ........................................................:..........:................ 2 3.0 AVALANCHE EVALUATION ................................................................................4 3.1 General Conditions ...................................,................................................ 4 3.2 Field Observations ......................................... ................:,...:....,......:......:... 4 3.3 Previous Studies ............................................ ...................................:..:.:... 5 3.4 Hydrodynamic Modeling ................................ ............................................ 5 3.4.1 Avalanche Path 1 .............................. ,........................................... 5 3.4.2 Avalanche Path 2 .............................. ............................................ 6 3.4.3 Snow Conditions ............................... ....:....................................... 7 3.5 Pitkin County Regulations .............................. ........................................:... 7 3.6 Definition of High Hazard (Red)-and Moderate Hazard (Blue) Zones........ 8 4.0 ROCKFALL AND DEBRIS FLOW HAZARDS ..................................:...........:...:... 9 5.0 SUMMARY ............................................................................:.:...................:.:....10 6.0 REFERENCES ............................................................:::............:..........:....:::..:., 11 Figures Figure 1 Site Location Map Figure 2 Birk Property -Geological Hazard Assessment Appendices Appendix A Snow Avalanche Hazard Zones of the Aspen Area, Pitkin County, Colorado .,. _ a ... .... .. ...." ,.~ .. .... _ . Olsson Associates June 2001 ReportText.doc OA Project No. 2001-0499 . ... .. ..:.. ..... ... .:,,,,~, .,.~ .,,..:, ~.: ..- ,.wi- a. - Vest US Inc. ~ Page 1 Birk Property, Pitkin County, Coloratlo Geologic Haza"rd's Assessment 1.0 INTRODUCTION Olsson Associates (Olsson) was retained by Vest US Inc. to perform a geologic hazard assessment evaluation of a residential property owned by Mr. Walter Birk located near the confluence of Castle Creek and Conundrum Creek in Pitkin County, Colorado (the Site). The purpose of this assessment was threefold: (1) Define the extents of the high (Red) and moderate (Blue) avalanche hazard zones for the property; (2) Comment on potential debris flow and rockfall hazards impacting the site, and; (3) Present a Report of Findings that will assist the planned re- development of the Site. Information presented ih this report are based upon field investigations, review of previous studies, analytical modeling of potential avalanche occurrences and site observations. Geological hazards presented in this report are defined according to the Pitkih County Land Use Code. a . ~~ Olson Associates June 2001 ReportText.doc OA Project No. 2001-0499 - ~ _ .. , e,=v~.....u. , , w .. ~.... .,~....~. a~ ,~, Vest US fnc. Page 2 Birk Property, Pitkin County, Colorado ~~-~ Geologic Hazards Assessment 2.0 SITE DESCRIPTION 2.1 Location and Description The 4.27-acre, triangular shaped site is located near the eastern base of Highland Peak at the confluence of Castle Creek and Conundrum Creek in Pitkin County, CO. It is located at Latitude 39° 0T 30" North, Longitude 106° 50' S0" West. The average elevation of the Site is approximately 8,595 feet above mean sea level (AMSL). A Site Location Map is included as Figure 1. Driving approximately five miles south of Aspen on Castle Creek Road accesses the site. Turn right on Conundrum Road at the confluence with Conundrum Creek and proceed west on a private, dirt road across Castle Creek. Two switchbacks, south then north, lead to the residence. The physical property address is 299 Conundrum Road. 2.2 Site Characteristics The Site is located along the west bank of Castle Creek near the base of Highland Peak. The property is located at approximately elevation 8,595 feet AMSL and slopes from west to east with an east-southeast exposure. Highland Peak whose summit is at elevation 12,338 feet is located approximately 1.7 miles west of the Site. Castle Creek runs parallel to the property at elevation 8,500 feet to the east. The eastern flank of Highlands Peak is comprised of the Maroon Formation. A Pennsylvanian/Permian aged sedimentary formation of bedded siltstone, sandstone, mudstone, conglomerate and limestone units. Slopes above the Site have been covered over by colluvium and talus deposits resulting from the weathering of the Maroon formation above. The colluvium supports vegetation. Remnarit glacial moraine deposits are exposed in the Castle Creek drainage. The topography surrounding the site is steep and undulations exist; the result of dowhslope creep of surficial soils.. Acone-shaped alluvial fan exists at the base of a small drainage located at the southern extent of the site. The fan is vegetated and mature trees exist on its surface. The property and surrounding area is vegetated with mature stands of Aspen and Engleman Spruce ranging in age between 40-60 and 75-100 years old Olson Associates ReportText:doc June 2001 OA Project No. 2001-0499 Vest US Inc. - , , ,:, ~ , Pa e 3 Birk Property, Pitkin County, Colorado Geologic Hazards Assessment respectively; based on diameter at breast height (DBH) measurements and tree heights. On the hillside above the Site, shrubs and bushes are dominant and mature trees are absent (see Photo 1. Mapping used for this analysis was derived from Digital ECevaton Modeling (DEM) data obtained from Pitkin County. Olsson Associates June 2001 ReportTe#.doc OA Project No. 2001-0499 Vest US Ina Birk Property, Pitkin County, Colorado 3.0 AVALANCHE EVALOATtON _y, _,. Page4 An avalanche analysis was conducted to define the limits of the "Red" (High) and "Blue" (Moderate) avalanche hazard boundaries for the Site, as defined by Pitkin County. General site conditions, field evaluations, a hydrodynamic flow model and previous studies conducted in the area were evaluated to define the hazard limits. Information gained/used for the analysis are summarized below. 3.1 General Conditions `fhe` Ite °js oc' a"fe'cT""mean are'a"~fiat"""is~~Yatty"°pro"`fec'~ed` from;_larger~- 'a`valanches,, A ridge above the Site extends down to approximately elevation 10,375 and protects the property from larger flows originating from further upslope. Natural drainages exist that originate above the ridge and facilitate the transport of larger avalanche flows approximately 3,400 and 2,100 feet north and south of the Site respectively. Due to the local topography, only avalanches that start below the ridge (at approximate elevation 10,375 feet), directly above the Site are likely to affect the property. Avalanche hazards for the site are minimized by the orientation (east- southeast exposure) and the lower elevation of the slope, below the ridgeline and above. the Site. This exposure and"elevation has a limiting effect on the potential for snow accumulation directly above the Site. Under these conditions snow avalanches are generally limited to smaller sluff type avalanches and wet spring releases. 3.2 Fietd Observations Recent avalanche activity is not evident in the area directly upslope of, and surrounding the property. Mature stands of Aspen and Engleman Spruce were observed with Diameter at Breast Height (DBH) measurements up to 16" and 20" respectively. Some of the older Aspen are believed to be on the order of 40-60 years old while the older Spruce are likely 75-100 years old. Scars were not observed on the trees and branches extended to the lower portions of the trunks indicating no recent avalanche activity. In some locations, bases of trees were bent upslope in the classic "pistol butt" shape; however, observations of the slope indicate that these bends are a result of soil creep and not avalanche activity (Photo 2). Patches of bare soil denoting possible slab release zones were not observed above the Site. Olsson Associates - June 200'I ReportText.doc OA Project No. 2001-0499 Vest US Ina - a::r - - =. Page 5 Birk Property, Pitkin County, Colorado ~ Geologic Hazards Assessment Field observations support a conclusion that the Site is not susceptible to frequent large avalanche flows. 3.3 Previous Studies Previous work (Mears 1979) established avalanche hazard zones for the area surrounding the Site. According to Mears's hazard mapping for the Aspen area and Pitkin County the Site is located in an area susceptible to small avalanches that "can be very destructive". Avalanche hazard zones were not specifically delineated for small avalanche areas however, due to the regional nature of the study. Avalanche zones established as part of the 1979 report are shown in Appendix A. 3.4 Hydrodynamic Modeling A hydrodynamic model was used to estimate velocities, depths, forces and deposition resulting from an avalanche. The basic equations used for the model are based primarily on the work of Voellmy. Assumptions and parameters used in the model were determined from avalanche case histories in Colorado and observed site conditions. Avalanche impact pressures were defined based on studies by Mellor (Leaf and Martinelli, 1977). Hydrodynamic avalanche flow models were generated for two potential localized flow paths through the Site. Locations of the paths are shown on Figure 1, and represent the most likely flow paths based on the topography surrounding the Site. As Figure 1 indicates, Path 1 crosses the property near the south boundary and Path 2 crosses near the center of the property. Ground profiles of the two paths are also shown. on Figure 1. Information used to model the two potential paths are summarized below: 3.4.1 Avalanche Path 1 Starting Zone -The starting zone is the portion of the avalanche path from which snow is released: Potential starting zones for this path are located from approximately elevation 9,975 to 8,775. Slopes within the starting zone range from 30° to 36°. In plan view, the starting zone extends to within approximately 320 feet of the western property boundary and is about 140 feet vertically above the property line. Portions of the starting zone are vegetated with the mature Aspens and Spruce while other potential starting areas do not currently hold mature trees. __ . .. ... _.. _: ., ~-.:.. .. __,~..,. ..~... ,. ..A.,:,.. Olsson Associates June 2001 ReportText.doc OA Project No. 2007-0499 ~_ ..... .. .... ... .,,. _.__ ...,.;per -__ t s_ -ab-'4a Vest US Inc. ~ _ Page 6 Birk Property, Pitkin County, Colorado ~ Geologic Hazards Assessment Track - In the beginning of an avalanche track, the flowing material gains speed. Based on snow, topography and surface conditions, flows will reach a terminal speed in the track when the gravitational forces pulling the avalanche down slope are equaled by the frictional forces resisting flow. The avalanche track starts at approximately elevation 8,775 and continues downslope to approximately elevation 8,655 1n this area, slopes average approximately 25°. From elevation 8,655 to 8,575, the path starts to transition from a track to a runout zone. The western property boundary is within the transitional area. Slopes in this area average 17°. The avalanche track is unconfined with no definable lateral constraints. As is typical of unconfined paths, parameters of the flowing avalanche including depth and velocity are independent of starting zone area and are simply a function of snow type, track slope and surface roughness. A majority of the lower track contains trees. Runout Zone -The runout. zone is the area where frictional forces exceed gravitational forces causing the avalanche to loose energy and redeposit snow and other material carried by the avalanche. For this path, the slope starts to transition from a track to a runout zone from approximately elevation 8,655 to 8,575. From elevation 8,575 to 8,54'Q the slope has fully transitioned to a runout zone with a slope of 4° down to Castle Creek. The runout zone is generally treed. 3.4.2 Avalanche Path 2 Starting Zone -The starting zone for this path is located from approximately elevation 9,575- to. 8,775. Slopes within the starting zone range from 31° to 41 °. In plan view, the starting zone extends to within approximately 330 feet of the western property boundary and is abouf 140 feet in elevation above the property line. Portions of the starting zone are vegetated with the mature Aspens and Spruce while other potehtia( starting areas do not contain mature trees. Track -The avalanche track starts at approximately elevation 8,775 and continues downslope to approximately elevation 8,575: ih this area, slopes average approximately 24°. The avalanche track is unconfined with no definable lateral constraints. A majority of the lower track contains trees. Olsson Associates June 2001 ReportText.doc OA Project No. 2001-0499 __. Vest US Inc. ..,~ ..._. '-.a ,...... ,,, Page 7 Birk Property, Pitkin County, Colorado Geologic Hazards Assessment Runout Zone -The runout zone starts at approximately elevation 8,575. The slope from elevation 8,575 to 8,535 is approximately 8°. From elevation 8535 down to Castle Creek at elevation 8,525, the ground slope is approximately 3°. The runout zone is generally treed. 3.4.3 Snow Conditions Due to the east-southeast orientation of the Site and the relatively low elevation of the starting zone, the snowpack that would produce avalanche that could potentially impact the Site is limited. Small, localized. dry snow avalanches or stuffs likely occur ih this location during mid winter on the steepest slopes following major snowfall events. These events, however, are likely isolated in extent and are not forceful enough to be of concern. The primary avalanche of concern and the type evaluated is the wet or damp snow avalanche. These types of events generally occur durfhg the spring. A snowpack of 1.0 meters (3.3 feet) was selected for the depth of snow released from the starting zone. This depth is at the lower end of typical snow depths used to model avalanches in Colorado. This was deemed appropriate due to the aspect, elevation and type of avalanche expected at the Site. Geometric terrain data, snowpack information and surface conditions were incorporated into the computer model. The model was then used to calculate flow depths, velocities, pressures and runout distances. 3.5 Pitkin County Regulations According to the Pitkin County Land Use Code, avalanche hazards within the county are defined as follows: Avalanche High Hazard Zone: Avalanches within this zone will occur at return periods in excess of thirty (30) years and/or will produce impact pressures of 630 pounds per square foot (PSF) or more. The high hazard zone is characterized by high frequency, high impact pressure, or both high frequency and high pressure. The Avalanche High Hazard zone is also known as the Red zone. Avalanche Moderate Hazard Zone: Avalanches within this zone will occur at return periods in excess of thirty (30) years and/or will have impact pressures of less than six hundred thirty (630) pounds per square foot. Avalanche Olson Associates June 2001 ~ ~~ ReportText.doc OA Project No. 2001-0499 Vest US Inc. ~ _ ,, ~ „__ .. _. Page 8 Birk Property, Pitkin County,Coloradu .w. ~~ ~ Geologic Hazards Assessment frequency and impact pressures decrease towards the outer limits of this zone. When large avalanches occur and run to the outer boundaries of this zone, they can be very destructive in spite of their reduced probability and pressures. This zone is characterized by return periods of more than thirty (30) years and reduced pressures. The avalanche moderate hazard zone is also known as the Blue zone." 3.6 Defini#ion of High Hazard (Red) and Moderate Hazard (Blue) Zones Based on the information presented above, Red and Blue hazard zones were defined for the Site. The location of the zones are presented on Figure x. In this case, the Red zone is controlled by impact pressures as opposed to frequency. Existing Aspen and Spruce trees indicate that a major avalanche has likely not reached the .property boundary for a minimum of 50 years. However, in the event that a infrequent avalanche were to develop in the area, impact pressures would be greater than or equal to 630 psf upslope from the Red zone as defined on the figure. The Blue zone presented on the figure represents the limits of the runoiat zone obtained from the modeled avalanche flows. It should be noted that the Blue zone does not represent the outer limits of runout that could potentially occur. Olson Associates June 2001 ReportText.doc OA Project No. 2007-0499 .-.__ _. ,xs.;. Vest US Inc. `- =" ';rte -- - ~'; Page 9 Birk Property,Pitkin County, Colorado ~ Geologic Hazards Assessment 4.0 ROCKFALL AND DEBRIS FLOW HAZARDS An Investigation of the debris fan located in a small drainage at the south end of the Site indicated rockfall activity has occurred in the past. Rocks from 4 to 12 inches in diameter were noted on the ground surface concentrated primarily in the groin between the debris fan and the natural ground surface (Photo 3). These rocks are probably the result of seasonal freeze-thaw cycles affecting rock masses cropping out above the debris fan. An inspection of the terrain above the debris fan identified one outcrop of the Maroon Formation that could potentially be the source of rockfall activity (Photo 4). This outcrop is, however, located on the south side of the debris fan and most rocks falling from the outcrop will tend to travel down the south groin of the fan, which terminates several hundred feet south of the Site in question. No other outcrops were identified that would have a sighificant impact on the Site. Furthermore the heavily forested nature of the terrain above the elevation 10,375 feet ridgeline, described earlier, will have a buffering effect against any rockfall activity above the ridgeline. For these reasons it is our opinion that although it is possible that rocks may at some time roll onto the Site the potential hazard from rockfall activity is low. The existing debris fan is indicative of where additional debris flow activity could occur in the future. Mature spruce trees oh the slope of the existing fan are estimated to be 75 to 100 years old, indicating that recurrent debris flow activity along this path is rare. The Site is located to the north of the debris fan and south of other drainage ways that will control potential debris flow activity as well. All of these drainages lead away from the Site leaving it somewhat protected from debris flow activity. Anomalously high rainfalls or very rapid snowmelt events could potentially occur that could initiate rapid erosion and consequently debris flow activity. It is our opinion, however, that in the event this does occur the potential impact to the site is minimal and the associated risk is low. .. ww . ...._ w... .._. ,".._,:. Olsson Associates June 2001 FeportText.doc OA Project No. 2007-0499 Vest US Inc. - --. ~ Page 70 Birk Property, Pitkin County, Colorado "-' Geologic Hazards Assessment 5.0 SUMMARY Olsson Associates has completed a geologic hazard assessment of the 4.27 acre Birk property located- near the confluence of Castle Creek and Conundrum Creek in Pitkin County, Colorado. The property address is 299 Conundrum Road., The Site is located at Latitude 39° 0T 30" North, Longitude 106° 50' 50" West and has an average elevation of approximately 8,595 feet AMSL. The Site is located at the eastern flank of Highlands Peak. Slopes above the Site have been covered over by colluvium and talus deposits resulting from the weathering of the Maroon formation above. The colluvium supports vegetation ranging from understory to mature Aspens and Engleman Spruce. The topography surrounding the site is steep and undulations exist; the result of downslope creep of surficial soils. An avalanche analysis was conducted to define the limits of the "Red" (High) and "Blue" (Moderate) avalanche hazard boundaries for the Site, as defined by Pitkin County. General site conditions, field evaluations, a hydrodynamic flow model and previous studies conducted in the area were evaluated to define the hazard limits. As part of the evaluation, potential debris flow and rockfall hazards impacting the Site were also addressed. Two potential avalanche flow paths which originate upslope from the Site ,. below elevation 10,375 feet AMSL were identified as part of the analysis. Path :: geometry, ground surface conditions and snow pack were determined and included in hydrodynamic models to determine runout zone distances and impact pressures. Red and Blue hazard zones were defined for the Site. Per Pitkin County regulations, hazard zones were determined based on flow frequencies and impact pressures. Results indicate that a portion of the property upslope and north of the existing residence lies within the Red (High) avalanche hazard zone. Most of-the ,property lies within the Blue (Moderate) avalanche hazard zone. A small area located in the southeast corner of the property lies outside of the Blue zone. Based on field observations the hazard associated with rockfall and debris flows for the Birk property is, in our opinion, low. Olson Associates June 2001 ReportTe#.doc OA Project No. 2007-0499 Vest US Inc. ~, .. .. -.'Page >> ~~ Birk Property, Pitkin County, Colorado ~ Geologic Hazaids Assessment ~, I 6.0 REFERENCES Bryant, Bruce, Geological Map of the Aspen Quadrangle, Pitkin County Colorado, 1971. Chow, Ven T., Open-Channel Hydraulics, McGraw Hill, New York, NY, 1959. Delorme, Colorado Atlas and Gazettes, Yarmouth, Maine, 1997 Leaf and Martinelli, Avalanche Dynamics, Engineering Applications for Land ', Use Planning, USDA Forest Service, 1977. Keller, Edward A., Environmental Geology, Macmillan Publishing Company, New York, NY, 1992. Mears, Arthur I., Colorado Snow -Avalanche Area Studies. and Guidelines for Avalanche -Hazard Planning, Colorado Geological Survey, 1979. Mears, Arthur L, Guidelines and Methods for Detailed Snow Avalanche Hazard Investigations in Colorado, Colorado Geological Survey, 1976. Mellor, Malcolm, Avalanches, U.S. Army Corps of Engineers, 1968. Pitkin County, Pitkin County Land Use Code, 2000. Rogers et al. Guidelines and Criteria for Identification and Land.- Use Controls of Geologic Hazard and Mineral Resource. Areas, Colorado Geological Survey, 1974. Olsson Associates - June 2001 '' FeportText.doc OA Project No. 2001-0499 ,._, - ~, ,~ Vest US Inc. `~ Geologic Hazard Assessment o L s s o w a s s o c i n T E's EN61NE[PS • PLANNERS • SCIENTISTS • SYR VFVONS Photo 1: Site Overview Note the mixed vegetation above the site and near the existing house Photo 2: Pistol Butt tree trunks are caused by slope creep. Vest US Inc. '~, ~ ~, Geologic Hazard Assessment o r s: o N A s s n E: , „, E',s f N(.iNEE0.5 • PtAxxEx2 • SCiENTI5T2• SURVEVObS Photo 3: Rocks and other debris have been deposited on the slope upgradient from the property. Photo 4: Maroon Formation outcrop located above the small debris fan south of the site. T W ItP (^ R S4. G ~. ~ O U O J "' .. APPENDIX A Snow Avalanche Hazard Zones of the_Aspen Area Pitkin County, Colorado ., ~~; SNOW AVALANCHE HAZARD 2ONES'of the ASPEN AREA', PITKIN CO., ~CbLO Tx !~ SY Atlhur 1. Meerg ~\ EXPLANATION (o mliaa aiae~aamn In teal `M1 /,i%/ HIGH HAZARO MOOEflATE HA2AR0_N 3 Vj j\ ZONE BOUNDARY \\ ~ ~ SMALL AVALANCHES I . SCALE t50,000 0 .o. m.r.. `. _= ~ ~ J ,gym g. ., Y A!~ ~/~ U'y~'/ 0 R 5 ~ ` i~~ ~`~ ~~ ~ ~ t~ ~~~ ~ ~ I ~~~~~I ~, ~..:: f ~~-- ~--~ y ` ~ ~-^ :. ~ ~ ~r~ J i~ " ~~r_+ r, ^~~ .tom- '~{"~ 'l=-~ 4'~ '= ~~ 'u ~~ ~ ~ ~ r Jj ~t .~ ~ Il; .~~ ;., I ,,, x ~o ~~~~W~~ ~ 1:- ~' ~.,~i ~~ ~..._ ~ 1 ~ , ,~I .~ I o A`\N\`\~~~ why -'~ ~ ,~ ~ ,~ ` s a _ flJ r /~ ~ ~ ~ ~~ ' a I y~ \` l~ S~il~ I ~ i I- _~ 111 .f,. ~~lf~• II 1:~ ~; ~ - 1~'. M. ,, ~ ~. Bnge imm us GS ]n' pose map _ -.. PLATE 7 ' ~L ~~~ ~^ ~IVi:BY~_Norsbgac_Dor~1oQ>t^~"" I ~ 9~1SA3t : .808-t3;47» ~ ...,. ~. ~iy 2 yune 22, 2001 Walter ~, ~pr~ 38 Nortohoe place Paa, lV.(aui, XII 86779 But ldui ouuty Com'nun3t3' Development ! 30 S Galena ~ ^ Zoning AsPen> Colorado 81611 Re; 1041 Hazard Review 299 Conundnun Road,1'itkin County,, Colorado Dear Sits, 7~he property located at 299 C to BuY and Sell Real L~stata onuttdruxtt 12gad is currently wader contract Rcsomnr{e b. Birl~ g (Residential) (Cash at Closing) between Walter H. $irk ~dct ( ellers) and Marc Mathys (Buyer), dated April 19, 2001. As the cnrxent owner, l 12creby glvo pezsnission to Marc Mat s sobmission of a 1041 Hazard 12evew application forth{s property, hY to proceed wifli lus Sincerely, r Waltex l3, Birk J~~ Rosemarie D. Birk n , Proof of legal building. The county has lost the records and a building permit or Certificate ofQccupahcy cannot be found. Tax I' records are attached. Assessed Value by Year 1976 4,840 1977 3,660 1978 15;400 House Built 1979 38,800 House Built ~ 1980 38,800 1981 38,800 1982 38,800 1983 41,580 1984 41,580 1985 41,580 1986 41,580 1 ~~ -. ~ --..a-.x, v axas.., y'^ ..ni.+ «.. ... ?]r«l .4~NvWnWmihvSlw.Y43x P: STATE OF COLORADO ) ss. COUNTY OF PiTKIN ) I, Carol L Foote ,deputy Pitkin County Treasurer in and for said County, in the State aforesaid, do hereby certify that the foregoing is a full, true and correct photocopy of Tax Rolls for the years 1975-2000 as the same appears in my office. Given under my hand and official seal, this 26 day of June 2001 puty Pitkin ounty Trea S~ -~~>0 . - - ~ e~.,. ~~e. , e 1 's!''s~ s©dlltflDlIIU11~~~\\\\ v , _,... _..... , , _ . , ~., ~ ,~~~.a. ~,~ ~ ., , ,1 '~ _... y. s ~~- .r_.. ~_~ i_SZ f.~t ~J~ r-, ~' - ~. ~ r,~ n ~~ to ,7 .~ T n' y ~`f tt *7 r+ N C7 ~r V ±< ,1 ~ (f (ry r CV 1~ .i7 t> µr au. CJ :U . V ~ ~ ..!! t..• F II C'• ~ • ~ (] • W. ~ ~ ~ Cr..' G) W s~ ~~,~` w ~ ~~ ~ V t.~ .., ~ .~\ 1 ~ ~ ~ ~ .., ~ a;~;. ~1~~ ~• 4° ~ +~ - ~` )N H 1-~ ~ ~`1! ~ ~. (v tti P~ 1 w J Cd t7 t'r ".t1 (5 V) "Y N r j ~ t(7 (/) S+ `n i>t. t/) O t+ ~ 't• ••) '.• ,rte T G. ~- -) ;,; lri •.! r-( '+7 „+ .U 1 ~ :-". rp ,.. h ~ 7 f7' t... ,^ 'U (~, t'• •r 1 ~.O ~ iV" C t'7 r j . (. a -.t .) • o. U tU ~ .- x+ f I t ~ . ~,t) ~) ~ iU. [) fN (..) r. l:. • a1 !' ;~ G> Ot a+ t-; (') C+ r)+ •u ti y7 ~ t '' j,~ (~• ' 7 tv ( "7 ttl r., a ~~ C7 :') "7 \n ~. tt W r 3 ^? .U K ..) 1+y \r U ... '°..w ro ~) .. F. tv t.'' 4) i-i tU :U 4) i7 t+) ?' ~ N C3 l'.. i'S ~, ' fJ rC,, .-~ hr .) a`<. N r r + t7 U t z .p C" Q V r, 7.) .; R! CV :tl r; tiI ~ .') ~ s, 7: ,.,) (~..'tl -) (,r -i A^ ~tf i 1 T a i 1 ~-3c~i ~ ~~ rt <) i.~ to c_ . l c.~ t•7 N• ca m ~~ r11 :7: :: ~ I"• rj •w '+t 9 (b V t' 1'1 py •n u> 7+ U [*7 e' e n:.- 1 ~.> o ~... v ~. ~~ rJ j r f'3 r-. ~/' ('1 4) .1„ ) :vr .. <' tD .. ,U '.) C)1 W , 1i~ A-d 'y 'u `nrti Ut:; Nth .U tutsp.~ ?2 ro'l1 (t7)t ~ (.. tr re r,! Cy t~, r~ +~fVC7 ~S O.U a9 ;b H '.1~ (17 J3 ~ '~ y (a cJ C f V1 . ~ ~ J of r-. c) h tI • j ~. t'~ cu ~ a'i w r•1 O ('1 .U i_ >~ tr7 'fJ rt W :f /:J ~ .... (,) 4) (•1 (n CCU t~1 • C'I .N7 to ~fi' n N H U7 ') N U ~-7 I' 1 R7 1') !t FC r-/ i'1. C:~ '*y +'"~ r`7 :7:.1'1 Sr C.Y N+ (h rl G) ~ .P, fit! ~ ^J C? :,~ ~ t~ t~7 ~ ~ I'7 y! N M' f( ar~ 7vC t'y r2~' ~ V r'. ~ ~ ' N O 1 (' ~ T~ /. A) ~ M -~~ ---.~ ,- G+ -. t • ~tt ~r 1.) . ~.:' C> C) ~) W < U i{7 t'• ~• C) (~ G7 ro t{ W hl IV )N Ir) ~~ h it ~~, r ~\ ~. (~ .; r 7 ::1 ~' 1 \.) t ~ r; ) to 1 n ~ h. d n s( {.. C) rJ "'J W t.,! cu N ~~ ., ~ _ t '~ ' ~ C: ' ~y t)t :~ r. . y. ~., r : .'. ' +• U U tW 7 Y L7 (f: 'S .,, .~ y .- ,• t'7 ~~ \) ~ U ;.r. ) ry T ;.7 ~ w r U H H ~~'( c,+ ~. •y _~ t; ~ .,, t 1 (? + ~ .( ~'~ v :u i,) rl ) S 1 N ' Ain y ^7 • •rt f`+ ~ T ' ~. .) In r~.'; :a ~• ;1 Cn . t.. I.y . 7 ) ~ , , ~ + n' ~ ~ ~ r) t' I C' r ~1 . .(, tt: t. U7 I L .~ " 2 tii V. t . , ~ ~~ N •' i.) r f V C7 C7 /'~ `• Ii h i t'7 t', t(7 .3 1'y C) n 1 r_ .: (7' l`) (.; r. N U v y IV r~ 'aANX Iu M p r+ w . 41 C> l') ~P t .~ I,y nr• 7 ., tdsUV1 d (~r V N .. M ' O` .ti + N SA r - ~ w: ('i .r+ ~ Chf7 t •Y I~~ ! W _ p ;: n _ w...... ~- ... -... , ~ _ _, ~~,xs~4 a _ i y V J ~" v ^ V, R C N ' ~ oo °O ~ ~ . . 1 v D i D C'D ;YY 'P! l11 w D, D A L D ' D -i . ;.i D T r J D T • J ~ t q r~ D N F D .,y .Y7 • l l1 2 C/f ~i . .-~ ~ _ ° ,p m It '~; p p n 7 S, .~ w '* -~ :' n a -~ L .• .: O` -r z .~ ... T t .'~ n n.. r, r- ~ .n ~ 1 ~ _ m. ~ ~ b Z ~ (A Z ._' D .' r ~ r, x c-n D • .J • H ,,.M Z 4 ~ ~ Y ~' ..JN r7} ,T ' ' ?° ~ ,' m . 1 ~ ~ T ' ~ i1 n f~ n 7 ~ b • -r -~ G ~ T ,. N ; t~ c- • Z L (~, ~ . . .y 'T1 ~ G .~ •A x, d ' 2 ,T -~ ' ~ r T Y • '' `i Cl _~ i `r ~ . i yd° . d r w :~ ~ .. ~ L ' ,•• ro ~ ~ c ~, r v c n~ ~ ~ + ~ . ~ s n f ~ ~ ~ ` T C T ~ 3 Q ~ " ~ ~ ti ~ ~7 G U ~ ~ t - 1 N a b ~ r .. ~ o ~ o :v W .~ o ~ ,v o ~ v . o a O o~ O r >> b 0 v ~ 7 J 7~ ~` 20 ~: ~~ r. . (:, `f ~ ~ ~ l v i i ... _ .. -,~-r- _ ., ..~ " a, mo -r a -- ~ s u~ a m i Y to h •- m ~ .. ~+ Am ftl r+ ~ Y A ~~ m~ t; ~ ~ r: t' 4 ~ Wn'Mr Tim ~ ~ ~,~:~' /ktT' Sn ~ ?r j'd w+ ~'~ -c f~j i~+ ~~ '~~ '~ ~ a y~c yK 7k S ~yh~ `:~. Ni 1 ~ d s1 ~ x r d a y.e'e sa2r' 1+K ~' .. ~.., 9 ~ ~ ° ~ } ~' ,v ~ wiy'o~ ~ ~., gNn{M11 '~ "~' a 1- i E 'm1 ^c ,.~'e`~r a, +t I ~ ~ v ~ ~' , ~ 'SC: F ~ V Y~Ya• 5.~' 7f Y 3~ C°Cx4G y !M& ~ ~ y .~ .. nrv ~ r '~ Fw g ,gym O ,~ . I ..+ V : .~' e .~ ,.+, a ~,-. ~ 3 } #2S, y'~~1, ~ .>„~g+~f r ~rx r~ r y^yu~~~.° ,• ;' ~~ ~~['- A.<' ~'' rk ' ~ -4, as ~'.~~ #',p' ~, i ~ ~ ,,fib„ H'.Y'~f . ~,a ~,.~ ~~ ~ ~ " ~' ~ ~~ a f' `~ r ,~y -~ b a ~. V ~ '~ r. _ a° ;S Fu'''. a x c MM _ 'c ' 'y` a, :. ~' d~ W * ~N n a V . , ~ O ~~~. ~ Q' ~ M.,-a °: ~ ~r 3 r v.. ~6 m ~ ~,~ a>O O i~ -W " ~;~,F < ; -r6 rr ., "ir~~' ~:;rft, o , Cn ,,~. a~ p~ ,~, ~~ r P~ 'F ~~yy O ~ ~r s,• y,,,~ f• ~ r' .~ ~ P~ .?Y~ ? 00 ~~W h y~ ~'+ V,t, O ~R°~V 3 ~~'~'' < i~r~ Op N ~t'' a, ~ a ' 5 ^C ~' - ~,~,~ ° ~ +§~. .• ''x: ~~ . K:-;,~ 'fit;.. ?~ ~; i r~ i aM .~ rp 4a 'K Fe' 'V'at.' ~ '' ~~ ~ n r4', ~.{~' i ry *' .:, '.Y~ '" „Jf ', .v'~ 4L Za' ~ _ 1d ? "Ty T :~. -a~ i •c~.~ - 4 7 ~~ F r` ~: kY BJ y ~ ` i 's'n.. xdd,drais:' ,~ .. Z ti .n 'r A... .. ~ e. 4 ;_ na ~ <O ~.. N N d ~ e '< r m 7- ~ r ~ ~,. ~,, ~ C m m. r W O G ~ ~ ~ ~~ • { • • C -. j ~€ a a ~ O, a x CD n Q ~ t' M ~.. a O > R7 a O z n : ~ ~ ;~ ~` w > '~ • ~ m C Ul N:. o m Z M ~ ' r s s ~~ ,°, p m z = a ~, ~ n _ ~ ~ o n z :::~ o > r 4 o ~ w o 1 T. 31 fR C1 ~ ~ F$ X ~ OT~ T D Q r z o m ~ .. v • mf a ,.. m u o x ~ ... p z '" +~ _ c~ • i s c w 3y , s ;: m 3• s • ax • W P m A C R r N m M a N O tD 0 ~ . .. r N N • y '~Ii 's tf1 :fi ~ ~ M ' r t. r C r x .~ • ~ ~ '~ ' r r=N O ~ "~ n Pl ~ T R '•1 ~ T < a / 4 'Nr 1 T p T N N < n r r ,, }, ~ r.. .:,.,.,, A ~ ~~ ~ ~ ~ r N ~ N i m ~ ~ Q N o > o s o • r c; :. ,., ,' ~ ' w ¢ M O 0 0 f d M V W O "~ M O ~ J O O V j x 1';' % 4 m d O d O N tJ ti O 4 U ! Q 4 w - .~ N I a b O 0 0 a N O N O d ~ 0 0 0 o T ~_ ~ ' ' ~ . ;> : ~ • ~ O y d(: ~ y^ r A '• , ~ '•t m 't``` ~ , w A y • ~ ~ ~ o> x o:. W o ~ ~ , z . ~ ~ ; .~ z 0 ~, o M~ tN y 9 "~ m i -... q '/ d •f ~ O ~ ~ ~ ~ r y~ -)K • d • .O ~• iK • • o i x T O 3 a . P . ~ _~.~ ..: v max,F.uc u«s ee b n iiii r, 5S wi~l.; '~9~.; :':~~~;' S~j'. fir= ~''r h^ff'- ~ ~ ~ ~ ~ ~ ~ y~ a t~~ K ,. ~~ Imo. I ;~:"'v e ~ ~u' ~'` P ~ ~ ~ ~ ,: e ". m w w ,. r~ ~ ~ e 5w ~. '=a m F, ~ r l ,~ ..t~ r " s. .e x y y sr~p ~ "/~` Yip i ~ t u~'~,~}'w~~''. ,k } ~w'"~ ',' £k.~ a ~'` +~.F ~ Irv ! w,,, ~p . s~3'a ~,?, ~, + 4b.T ~ i "5' - z;,yv a i°' ff~ ~r^°f" l~f {~~ f` yi' ~ x y Z ~ f ~~ t 4 ti ~ u, d A5 " c'. N3. l µ~~ jJk[~Sy°p t ~ 3 C% ~ M 'v0~X p t ~ '~ eE y.. ~s~~ 4 ~R~"g t '' Y lYN T ^ ~` ~~ . ~ ~~ t -`*~ ~~'.' ~ ~' . ;. 'C to ~ U. x z n r s tri eS a Y. i~ ~` ~ h+ •." • `: Cfi d .. rnr. 2 r. Rl V G W C f. t ~ ~i r w"t'~, p, n ~.c ~' D wM rr 'b s+ tri > . v; to fl 2 Lr: ~ r rs ~ ~r, ~ ~,~ .~ r r hr o~oo«, vm C r' t ~~ :r~s~ `,rN ",~t~a 4z,zjw ~:.. aa.'LL i zo ar k c«.:czz~DO ~ rn 0 .Cyd ,p . sX ~~. ,: .e a .... W ri.w O "ll cl .. ~/ ~I tN Ul -1 D '.'~ .~ •'t') z ..2 'a^ ~ ~ Wz`s aQ :t l9 "F„ S•, ~'~ ~ ai !C to 2 Ai a ;z ~~1z N :~ sx.:'s :S ~ ... ~a.. ROING C n~ j0 INT. `7 .C; r !"J.. N • r G~ ~ " } < sill ',. ~ y = ~, .y ~ .: ~ d' h a' x N t~!'~ ~ ('i t 1~ ~ :. t, ` ~ fry a' ,..; • 1' 4'.7~ H 2 H C? N X , s::`:' Z rt1 II' r b ~ O V' \ ~ C N y \ -~ ~' ., z p a, .. > ~ Z o rn• c z z o w -~ x ~+ `, • ti ' ~ m• ~w :, t ~ . Y• ~t y Y ~ ~ p w :. ~p~' S ~ + Y ~ N ., ~ l ~ v <7 T T ~'. ~ ~ ~ ~r; „, ,~ i`~ ~, .:., „~, , a' ~ fi ,~ ,. ~ ~ >z "~: ,. i', Cl '~ ~ }" Vii, ~~ N ~~.~ O w ,: C+ •+ r., .O ~', .o W NE ,,:,. iyiir ~~. ~ ~e r`; m. o a s re~' lil .~~ a < r`•. a N rv r Aooo .,, cr r': yo. a r' ~. r t * i4 . ~ ~j v ~~ e~ {{~ t ~ X;; n s d~ 1„~u '~' t~ .' N r r Y• i~• •;>~'t '~ i F e. ".1 •irl ~': OOGO. oOC G'', ,. ~ ~r~ '~.~'' ,''1~ "" ~4 NOON O b O b '. ,A M ~.S ~ ~]{ '. a ~ ~ ~ W T u{.. ~ T ~ :+.e >x.:.y, ,.m .. ~. dk aMr.,~-t z~sukza?ti'~3yuti may.' r ~" ~'. rlii .. i;e. °*'. , Tom- ~ -3i' yt, fl ,~ u ,: o- ., y_, cr'.. ~;.. u~ 'r ..., s n 'DSaF Is b ~kn A+.a W3 -alnw w ~ ~..m.+z ,y T C ~i Y t>OC~r ^''~yC S!z• n 9~t .ym-1 -•,,,: ~ 'Oil C • ~•~ M ~ ~ 'S "t.. :. t,. Sll h GY O P D b m = x [~' C N z,. ~ Ir• O N ~ A ~.~ ., s rn,~,~c ry~ w rn c i •' c~i 7 WC 7'r z r -•~ ~" v; =• m w a rn z t*( `' ~ r o 'try " a z c ~ c c c .+' ~ ° ~ ,r c ,Z ,z '~ a ~ -~ro•a+~' •,mv: zts r c,..,cz-<ti ,~~, o • :..1 --Gn ~. -.c • ' 'w .n g-= „K ~ Z ~ 'p'r... p.'ti c z,. _ z '. ..l S'. • • ~Uln I~ i .. ~ • Zi .•. .. D ..{ D :~a ;.; s -+ ~ 3 + r, yz, ~ -a'. a < I,r. t 'S;; RI ~.:O .. ~: ~' ~ N .C •~ m • ;.a+. O, ~ V Ir-+ 2 N ~." ,. ~... m H Z r > G '3 C i r-. II • .!d ~ -J • • .,rn. ~1 .. z -~{.T A 6 (Y{:O . .~. G r Z r_ "!~'J S, =: ~ "+. ~~ ~ (11: ~" N 'O. ! ["') O to==' ~ m ~.,..h ~~ W Q: m N O nl ~ 1 ~' ~. O x.... ~- • C F ! •.N rn r R' ~:.. 2'S. C')'H .;, ~ W f~ C (n . ~. Q~+':;'. -J • :,~ .,. ,~ -• O.C C:' 4'~ -i O. by ~~ • C 7c Z -i m z. ti LY _;~: D. ~.. T O ~ ~.;w 'p _ ~1Ji s~ ld<~.m •' S, «.s~r» '` ~'.< ~ t ~Z 'tl • •' '~ T ~ a n0 '. ~ m m t tn.. rn... b > v' ;... -~ w ~r v z ~ , c, cn 1 :4: '~ w ~ '71 N~,.. • • Z / ~.~ H' N rn X r'D ~ m -s ~s s O G y.::. -! +"'.. ._. ',N std Cr. ~ CX D ~~ D-` td O 'p ~-+ s .{ H R1 Z p ~ tel..: • ~.:C. •~ 0.'.: N 2 b 1-+ ::o. G G'f U. ~1 ,.1 ~ A m 3 + ., < Z .: a> o..: 'n. ~; cas o;; ~ yaw. .~1~ s N. ~,. n, to ~ -' ~ ~ ~'. -~ • • of z s. v .?`' y „ ~ td " w a 'r nt o ~: z ~" v ~ '„ u / ~, O n ~ T. i . T ~ A`- W ~ g~ "h~ ~fr i C7 fd W Nr :-tA ac gy ~ `Hj 'mk' r N M ', ..7 't S z, ~ ,,, A 000 "' ~~".,. r :..N N d` ~ O ^J O S Q occ;: ~cec c coop-.. mcc¢ ~; * x ,., ~'!, „+.r° L3 .. ... y `( x, Fy V J' n`:• • s: p ~ ~ . ,.p o ~~ W ..~ . :~ ~, :~,, ~. ~ ~ o ,~ l 4 q~~ ~ Y YV i A~ Y > i , 'F`y ~ t .... Ay,K ,~. ~ . 4~i .~.: .. v "a 1 ~~r ~ti ~A J~) L K n '} .. ~. n ~. Jµ ".Ii ' A x ~ M ~~ *: ~ + ~ ` vr;FM x { ~ t `+n s ., r r y ry >E~W 4 i f k ~ k. ' v x 1 y ~, M W ~ ~ ~ ~~~ , MF ,K~ I k :{' ~ ZfT Y t h * 4 ~ ~ ryg ~ ha 3 v~ ~ ° O O > ~ :. O U 1 td f 'f W ' O i f Y '.~ Y f '~ ' Y ~ ' X9'7/! m l 'S 4e 4f Y t7 2~ Uf W' 2 tY • m s"S ¢ :q5 i R/! C7 ~+ p 1" ~ ~~ 2 RI • " s % n D O C V • x~ ' O O O Z ~ ~ ~ '0 N> b i ~ W ++C f!1 . < m % ~ t X ~ ` ~ 0 d.{ a ~ Y 1 i ~ 7 . d ~ (} r '.: 'r U1 U~ x' D a ~ m D sz+ ~ ~i° X cA C m Ir-r C7 ~ ' U I li ~. h. ~ 7C y . Al b -d • .b t' 2 : FI b .+:m D • ~Gl M' - N f c W ~ ~ t w!n k ~ i .~ , ,~ ~ . ~c "" 4 w0• ox c. m:, m m N zr .~y, n zn~ m -, m w,o ~.. ~ f ~ sn- ~ ~, ~ a oi. m - o n ~ m r cn ~" o~ w a• z . r ss~ cis. . ~-1 _ (~w s P ~ n wm m m zae o.o . l' ~ . `y ob y „ ~ a o ~'. ' . ' O ~ t o O ~.' ~'C C2+2.••~f J O r f', .r V t ~ r m ry br n• 20 r Crr I 4 c m n t* fll; Z r" S < f N fA•~: D z ft > 4~ f r ' 9 w* >-i'3 1` p li ~k p a, ~i v ~ 2 z ~1 n .• 2 <WtnW-. ~~ f R ~ ~>~ .: : (fi=r r A{ • '1 ;: Q W S r fi G'1 7R H • F r : A * ,• p K QQ K Ui R, 1 , ~ Vib : C . ~ ~5 ~ •~ ~ Z' I TS! ' ` k 'CA ~. RIM Z. Z ~ O Mf i+Z': Og'~ O x z 'i O .'~10 1 e E O a' ^1 . : ~ ` R' `' C" y Q}' ,i ' OC~ b1 '^~` ! W m N O '~4 '~ m ±'C 1 i7 ~+ O . N M ~. ~C + ~' w m ~ ~ ~ ~,' ' ~ ,w ` ~ "' W w h r O a W O !'i ,~~: ` Cf '^ , ~°i + '' n ~ tl i+ e Io rn ~ O+{2 N ~ ,.. ~ a 'w ti :U1 j ,i . ~; V -t S ' C# lb ' C . ~*' ~l Gi _ ~ + `k , ' r 7tl WM` u "~' , : .bN h 'ttl ~ 1 ~ Y Ti ' 7. . > WK `''* • C ~ 7 ` u ~ • N 'A { lyb .,` "" m ci m 1 >= y0. ..l . ~ ! 4~ 2 -i H W CO ~ M ~ b Z;~ 4 ~ 1z ~ to ~ , " ' T ~'' ~'~ O O is m ~ ~ p , r z ^i$r ` .0 ~ yr ~r. m ' ~ .' ; ' ,t . v+ s tco r+ ~ m ~ A ..~ c~ yir I o i Ar HS O ~ ~ w ' A m3 :n-~'~'~ '~" m l .+~n a I b ` :E o m o '~ ' . z,z f S • w 02 zn v7.. -., ~ O z n V+ .Rw AT. ~• v• 'D G1 ~ V 1 T m ~- O• ut .~, • ~ ~ > i .. i i tr p rT r > .~1 • ~ ' N w ~ ~ i ~ ~ ~ % O~ U, In O ~1 2 . ~ ,.; , _ * ~, ul m ~ m , I ~ • or a w . . >~o y m~,. S `. > ~ ~~ ~ ~ ~ , t P ~ , ~ ~ S ~'D 3 . >r ~ ~ ~:: N f t ~ ~ N ~ ' ~' ; , a , . T w, a ~ ~ ( w i ~ '. N ! ~ N k.:.. I ; r g M .~ r V ~ 1V ~ t i ~ ~ ' ~ f ~ O wm o"a .+ ON , o mtn M ~ fy y. . ~ j 11 ~ _.% ~ ! ' 1 ~ ~ ~r I i ' " I ~ I o `f V a N a t N ~ i ~ ~ i t ' °' ' i ~ a n~ ~ ~ i l , . y i ' i -1 ; w ~,~. w ;.~ ~. ,~., ; . y . ~ •- • ~ ~ ~ ~ ~. roo v +; ~ weo w ~ r , ~ o ~ Yo.. o , C N oo N ~ oao a r, o l ~V 4~ ~ 4, .'.... ' ~ ~~~ .. .w ... c ~ t N N j ~~ ~~ x ' ~~ I N ' ~ ,, SAP ~ { r _ ~ ~ S (3S ' ~ '` f "~ ~ I r oz r ~x + +t -i ; i 0 b .. ~ r ~ ad . I i+ I ~ ~ D ~N . N -~~ h 1 'I' m I i I cr ~~ ~ ~ ~, ~ ~ C> . - .... .,. ... ,...- r... .n vha. _:a x t.~.,it . .,, ' ~~' ~ i :. ~ lj f'~ ~' ~ *MM ~X ~ ~~~ r ' H ae ~ i h:' q~ j ~~ p ~ ~ ~ ~~ i ~ 1 ~ ~ j t i.` O...~r~ N-1p-. it Oi-2 n-. 'n OdO ~a.~ dul t»r~m ~.m >'~, xs ;s ` ~I, f3ltl y•'.• Z•~mC'1',i mYQ=1 R1 ~]m. AOO'~r, 02z. } ~ '4w4- w .' 2m to a :' ' r ~. O -1.T -(.2 -.!• l'I; Ge ~ W,~ -1 ~ ('%1J1-.! ~ b~ O O C ~;., ~ 'O '-1 m -a ~.,flM Dn'A H~ ~m ~N mA i jA 3:~~~ f a~t~iY -17c' ~X ~ ~.i*7 ~: m :~c }cC vrt1-irms~~:~~o~tn~'"• c~r~«,~ v~}7c.-j. ~wcas ~ '.»ro...n ~:,rT ro aol . I x~j 2 OJ.rO •IIrn N. y imwc.fmm ° .zr''z~ m r. ,,p..i ..r.+o~mjoznmai,~ovlm''~T ro~*tf r,.iz ~. r r~ a; -r~ z m ~o x o .a -~ r o.. b ~,,y~ N•. '11~~ r. !.e la e'~ ~f ~~I!r rnm.' z '~ "atoavtt.. o ~o~oc ,~E: o ~ P.;•r u~ m ztl'stda Aux .,~u ro...~. `lei r e-.cZ ur.~ c °?~, xi'.~, 2 -cE to • z a ~ o~ c ~ 2 w 2 ~~.-~ . tny--.a.~a. ^~r° ;'~'j.„ c' j v;arotn ;c~aC~..~ r n~crn<y, ,~ -tntm ~N7ACC ~lc~ ._lc~xlo~u, ~ i~amo st"yzol~n o o. i j f'f ~' 'r ~y. .N.Wm'yr {1 ; ~...l.i n w mt*iNO G ~ t~*i 7pc C ~,, m i~'-i0 ~ O A o U A ~. .C~ W ~ -.:L' o Oe` c t C~'f z7 p b- :w. f'a G fN. : n ~ "•`"r ~.. ~' ~ Yi• h1m~~G~D~GYw )C9 f!~m Qi~7~/T ' ~y.w..~m '~~ 2*M"E~W ~ li ON ~ r..,.> ., fMT w7Q• .,T N1~1i . ~4'1.1~'i•.jc ~ c ;r,zv+. -iwm~oa ~ ~„ < a n. • c, ~ aa, a-~s iwr`~I«.a ~~n f xcndw .~ } ~.+ .,i ~ 'b Z c 2a`4e., ar-i. x7~= ~amz'oAr:wmmz m ~ ., a~ x, i ~ u a a:'r rn jax. •'mar~c.~ •N~o-1 c,'~' I ,"~n r*rbo~...a y -i ,., m a, x rn s . l ~ z z r ~ ` c» -c::< ad ~ m '" o x-.;o...~ ic~zr i. rcrx , r!.. '" oc~ ~~n., s mx z'. v, rno-r ..w . ~Zro ~.. ~ma'. s a+ ..• y~~~w~ t~mzsrt ~.-to c~ i ~ v m o `~' z -~ ~c+mrm-no,v ~ u,c-tom„ ~ rn%~+ • zz zoo-~a~o'..~'~ ,n,~; ~ mm. .i ri. ~ z ~ -+ rn a~ ~ ~. N s 'n v ,,, ~ ~i O < ~ n m O ~ <f O O • ~ MZ STO>. i 70Y2f~'11~Of~RH ~:~ O i. P y ~ f 0~ i F i _~..~ ~: .y ~ { ~ i. , ~ ~ .. _.~ _. ~. ~ ~ i V .. .~ ~ ~ i i ~ ,7 'I ~ T f ~.:. i ~ C i ~ i ~ ,.. ~ !! - UI m t ~ ~ ~ ~ ~ t -1 n if C Wr ~ I fh- q'' ~ ~ i r K .T: O Oj O fib„ < .. ~ i i ... O _ .-...~_ F•. N {' ,f I ~ i i ' ti. N fV~ P i ~ ~ i O ~ N N i 1 ~~ ~`1 j # C O :~ O 0` O O P ii ~ i ~ M ~ : P 000• i Q~?tc~ t f ~ ~ 11Y, i~~~ ~ j ~ ~i ~. O ~ i 4~ 1 t N O ~ ~, i t .C. r ', f Q ~l ~ ~ ~ ~' ~ t ~ ~ .. ,.r::., ~ ~ W n ' . y ~ ~ .i '„ ~' N ~~yy~~ ~ ..~ .. =,. j ' ~ r I /w fj~) N b `,' `~ , .: ,, j T ~ _ ~_ ~ ~ >: ~ c ~ C'-127 ~7-•r mU1 -i0 -. a U i'e'f -1 -~ LINO OO~iA>~ ' ~ 'Fn a } Z a nr-~ (4x~+T,20• • imSC ~1• mSO-1'm 2my { 2 m ~ ' t-, P • • nC ~ n :m -. m C~ m ,~ m . n r o rli o o a V , v x . .. m.r Y-1 z 2 Uf' 2 N r ~ • o -r J^ -. 2 -r . ~• -• fl -r .y ~ i . n -~ a'fl A 4` w.A D m 2 Nm fi t ~Y"' A i A 1 • ~ ~ x ~ m ~ n , m ~ + .. m - ~c 7~ r ~ ! ~1 r':i 1 ,-• m • 2 O a O ~ m ' A m fTf ~ to Gf m w"'O ~ 2 --~ • A ^ ~,; , " A •• • . • S Q~ AT '~ O! ~ ~ W O' o Z A . R. 2 Z D ~~ N'ri z O... OZff m Am w ,cwm'F 'r1 ''' i~ ~ CW !~ . `r W n -•. rr. ow ...-ocf~f. mz~mAEOi.a ~' { •; xmfo -.rTZf'z.la.: o,zn{a ,-i r- m-i>-r~nx-a c~. ~ ' ' ~ ov "~~ ff ... o ~''~ o~c , .x ,c :wu+~m~a~.rs ,vrz ' ' x< { a r' - ~o" om o - ~ . m. ~ ...ox m tnx<wo w r i ! ' a -~ 'C • ~ x zz ; D>' a P O TI r+ T F 2 N m O ?C N~ m• a ~ ~ 0 •-•• ~r ~ x n >^~ -ji z; •!1< r • Vi s titl J~O• Cf •t m • !(p 2' +I ' :O 3 • w Ir ~f~ m r ' ( ' M , . .Z ke'Y C7 +SP N.i . p ^~: r: - N tf N. O r. ;S7 Cf G ~• !"{ D O,Cf rn;\" 11 2 O'a o A 7c • 7c a 'll k0 • St N! m w r'm wj ' +°. C7 ~+..'': Q F"~i`,• ~ ~ oU • o r>{ ' ` 6 ._ sm nz c ~o• a ..: ' ~ + r 'T O ' ' w 2 O C wn otoNO ~~. n1x . , C CCC s 4 f O A o. D a D '.p w -. i l -. C{ ' y .+ 0 o ff CO C 1>~ . O O -1 A m.w w• JC r ~.• W x Oi S H g N si ~{. z Ti ~• • -. 'G ~iGa .p.y • m m'OmIN -/- . • G x D -{'m + .. - 7~ . j y. mcf -1 xcnm - ~ ti~.H ~~ j . wmoz.ocf cf m o• ~m. s' uf• somazf•,z «.. xz.':c~rnm. o -~wm~az N . o~. S ~ w rn a r T .-. T ~sm• cf im ~,p•s mfr ~ZmO.~(~ 2s.-.00 tnC-l a: - ~+ o ~~. A a ° o '~-' z ., o z z m• o r' ~. D i b Qr A O C ('l A Rf: m Z~, .. f1. 'D 3` •. > ~:~ pw M O Gf > Uf O;S ~• T+~ b .. •,N o < Gf~ i n n < xl m I o ~ t/ A S i ~ • A S y ~- ~-. 19 :l,z rr r ..f.x ^~; n, • !~ W ,'f 2'~ . ( x ~ r ~ warnx z. v mo.-1 r•w . f ~..zm-r ' ° D ~~ cf m r m {-1 c,'rn z.x s{c T '. ~ z cr e x D ra c ~np -1 c~ m r!m ~f o ~l m rn ~ '~ c`n c i ~ ,a ' O Ui :: 1 x -1. -n ;o. ~. n n z:. • x a;1n of o -r,s o n r, n ~ z -/ m ef~ • .N s 'rl ~ (y C T D <,r. N S~ G7 ... X+ -/ b D O,'i+ w a T c +t ~\~ of ey 'rl 1 • • w s mi-/ T: OO • 2 f). x r w O•~• C -1 a ff~ v- ' .+ ~ 2 w2'S ~ • -amO< ~O S'b 3• ~, ~ s m oc~~m o zzzmT;o m-{• ~ __ . ~ :, { V 1 ... ~ ;, 3 ~ W f) W fl X ~D 'v ' ^: _... Uf -- ~ !. .~ rte' '" :' ~o o .rmm a.+ s: ;;. o ,.. . D < > K . C r aoo~: • -- f- „ ~ mm ~_ « _. , ._ i , ,. N ,,~: -1 O V~ p ,p W W I D a a W W r D .000 .0 ! K NOON w ~.. N ~-' iV ! ~2 O ~ "' i-. pf n D ~ r D 0 O D ~ 0. ti y ~ x } ,: L. ,,. ~ ~ r ~ y ~ ~ m ~ j ~z ~ ~ ~ ~~ _ : ~ ~ ~ I D r L ~ ~ oX P O ,,, •, ., ~. ~- x ti. ~ ~, ~-~~ ..;,~, n., '- 4 V C w H V O O 0 -~ A r o y~ rr y ~ y a c n 1 ~ T ' y 71 ~ -~ o '" x • -n ~ m r" r • ~' b O ~ . W Z p x ~ v x y = V' N ~ ~: ~ y OG I ~ L H A $ z -. ~ m ~ ~ N b > > N ~ r z p i 3 r m v H ~ ~ `" ~ ~ q G N N V U t7 H ~..~ ~ ~ O -+ - w m a o ~ O M A V rU o a ~ W o. z• v a x m w p ~. N A • Z • • p m• z v } Gr 1-1 m z .. .+ W W H ~ N • ~ -/ I w ~~ P • ~ v '-. r s .. 7 y m A ~C ~ N • N n •-/ ~~ , ~,c- ,~ h1mr~ ~ rr • T yC ... w "'' :ACS-• '. ..~~ m ym y y 'c -' ~ vxi' Or Q.. xsc v ov+o. ~ ~, c .-~ m > . rn m nr ' z ~,,, ~ ~ o x r < . r z n -t m +~ ~ L p ~zczz~ro ~_ ~ r ~ O v ~ A -1 ••1w 4lw-1 A m I r.T y C: ••: LL < IT ' A -C Gt i o• 1 n >` to v " , CJ a . ~ ~" n r m ~ p••. m ~ y wc r x" N t11 n '', W ~ s... a, wo b m w+ m O` 7c ~-• rn o ~~ m m s rv u ~ Vi o v l•7 " P A ~ F-r n w , ~ m J a m v a rn p '•. a z m .. n, ~ N i .v R~ r I +l V T O ~-. N . . O v O ~ P ~ 17 :n W W -1 -i c ... W G T K rn O~ P •_ r A C O p r N • ~ mooa P ~p O J 1 'J+. O ~„ O O A ~O • r. `~ Iw • ~ A 'c' ~ ~~ p . Aq T' ~ ~ • ` ~ _ • r w p • is ". U7 { t O w 0.:. b ~~~~ ~ © i ~ a~ , ~ ~ ~ ~ ~.. ;r. y.,. . _ .,~ ' . .-.mi n .u m*.i i'i .u4. YAWUtY~ qA /Yrvew~.I ~".~ <.~ ~{i .ss. eh.~ 4 at ~. + .. I O r N $ A 0'. W L ~ "' . .Z m b ~".N 2 A m f sR D m Ul n O Z . C . . e 2 H . m N U C (/) CA D( ~ y ~ x m y ~ ~ U .t O r d c, w H ° ~ v, -Pi• ~ ,~ x fAC m. . ' o ,vxm'', c N< m w ° n °' s~; n a ~ ~x nT . m ^~ w mo o: rn ~ .. m w rn n ~ ° v rn z ~. : . r N. a n -.m tno .. n, 7i w u.. '.' o .o m _, b , n -~ n H ~ "'s. v m- m a c o o., v m , ~ w m, 611 O U '" ~ • r :n A A'' S S f7 - H -< U: -~ Vi , G1 ~ o ~ n~ y z ~ a Z ~ ~- ) .. '~ :. o ,~, t N r O X~ . .. -. i o OT W b D r ~ "~ 6 § ~ ,.. y z ~ w 0 D O a a c • C A m .., z rt, u7 n ~ = ... O N '~ N ~ O ro t~ U) K m. .f7 • V ti ..~. ~. W V .,. ~ , a u -~ - ~ o ~ ~ y x7 b . ~' H s y to 1 rn •~ s a Y ' N 2 ~ y • ~ ~ z. m a) o rn m NN O G. , P„ Oo ~ F ~ wC m N ~ P N .pj ' i H 9"' 9 CO i ~ ~ t"1 ~ N 1 ~ ~ ~c n . H ~ N I i. `~ P O~ ~ V O. ~ -~ W W .. s N ~ ~ W w ~ v~' i .. ~ f a rS! p ~ s p • Qi :;:~ { a rt~ :~3i UI P tP ,O S ~~ • • P O~ j~ Q` ' ~ ~' y: ry • • V V ~ 7};~;: 1~ D G J V • Q' P A i y ~ - ~ ~~ Y ~ n +'. ` p c ~ • w N O) tR) C tr: ` 'b N w .+ w N. V CT aD ~ C W a ' • w ' .v N ~ ~ w O ~ p ' p . O . ~ z' ~ J _ _ .. ~~ ~, 0 ~, v, „~ , ~~., -- C Nr. o.^e cnn <"ro ^^ cr T-s ~ x v n !-r D- N:n n ~' ~ - -;n ~ w --~ u N `D mZ mm m CC ~+ C ~'v • • N O r_O • m C .C ~-. •+t" . 0 p •,: K 'n ~ a m NN A r C)N T, O '70 ~ 'O O NC. r n .d C l^. ^ ..r fl n • t , cgs z m .y -1 .L c: -/ :' 7 - P rn D m x O x ~• .SJ 7 ;_ ?.' 3• ' X c '.P;..(T '>y :^ r1 ~ H D < '.aC L' ~ ~i • A n V: .~ !1 w` ~, C .~0 .r m 0 0 0 l7 C A W P C 2 h • W V •' n N h H G ~ Z O W d' N C K 54, C -1 m 7c 'rt Z -i f'/ T D iD W L • V) {'TI ~! f*..A C` N -1 O _ • O N C r ;< n x::r 7c V m ?J "T7 :_ A • Z • r f') •w m ~ x• m ," rl 7x N O N C v ' • F" N Z H r S T m n + V N • Z C r r, L t. D V. -` T » C r _ •s ^.. w C _ • r Z .O Q m. X m "9 ~-, • C T O :• r =• rTl -, r n v ~ t.R ^„` N ' D J ~ ~;; n < -/r -~ a -+ s. z ms s: :te r a : » N~,. H.n c . a; o w ro m o n ~r . c> ~ .-~ . r D r, ~ v r .: I -~ . ~, v r > a m'.:: = os xr- zz no m .. ~ - n c cn c» ~-` ~~ ~ :._ r* - n ' : T CO m x $G O x G" C" Z L mC'~ z^.- O ''t ~ x.. ~.. Z -+ f r. . . -1 7C m -i -ti N- r O W C m N ~ N T.T 4 :, f"~ r _) C .-` ^ C ~-. < S Sy OiV 2 W ('~O N• t,~ w I G r N z' m~. ^ ~ ;-: r ~ r• z R; N r• -+ A .O > r O O fl W i~ U) w t!r .-~ :: • T .^ .R ~ C 7 w r '0 ro-/ n m r • C 7< 77 -• m : 1 c' -+ n . --1 .. r., a. rn r ~ '1. •s UI n~ G O.' O _ ~+ r r• N O 4' 'J' C D C .x C a N > ~ C ,' :7 Z •-+ .D D O -• W ~ 'D c W O D > L^ v O := S 2 _ • m S C..n -/ r+ C'1 b < A T J p L D C Z S t't 2r S'Z O G7 N -/ ~ VI '- ~ ~ f O` 2 0 Atl', ~• '~ Z • ~O -1 N3 r O m C » mF_ N Z N~ A m A0 N A -1 X7 m C G• Z A t 3 Z' ro n~i • C m• m + ~', L, G T .s0 •a Z N N ti A • ' ~• o .• p a ,_ n ro ~ i,r mr+ m U1 W p C ~ O D lSi N n W . .. D .A C'~ T w o 2 w r a -.1 a r*, m Ut m U1' o` I .-` c '~ P nt ;A 'V o~ } ~ ~ N VI ~1 tY ~ W 1 ~ ~„3 1 wx .f o n _ n o ~^ - +~ .- . . W w .. w w w W 1 -1 r ^ r -. 0• A W v C O O W ~~ .d N r U7 N V: n ll~ UiO b Vt l7~ G o 0o r oo o E ' ;: ,. , Y~r YJ N N lP U1 lJ: tJf •+ .. .q tJi U'. (1 ~L..O N N W W m I • • . ~ CC p r r~ V ~! F r C O ~ p ~ z _ ~ • . ` w x r-, .~ x x _..~ x E ,.. ,., x N G N o x ~n .o „/ 'C C P O O r ~ . TJ H /..,~ :.. J ~ N - C v t[ d tiC~ ____ _. .. '.r .. ~_ - _ - - - ~'-' - -- ,~~ wuncy.~ommissioners - ~'fznd that the~ha ards-~ ~ ~-i~ - '~ :+~e h - Present on',the bui ldrng site do~not present ~,.,, a sgm f7 canf hazard, o the pu671 c-fieal th, safety,; or~to'property'at'the' `-svecific locati vn'~w.5 th the hazard area .boundary for`fhe proposed use of=` ._'+ . '" a single fame Ty dwelling and-thereb a ~ - " - y pprove she bui~T di ng sit ~su6~ect °~''-' ~,'Y' to the'condntion that'.priot to issuapce'of a ce7•tifi'cate or occupancy -, l Aby the 'Pi tkin County Building Tnspector a registered professional engineer '' °" er, d .. :1/PYYfV .thai~'e4F.,-~..~1J"! '-•,~. r~ •' ••• •~ ~' ' H ,i 17 ',.. r kfr "\ r r y1 Y n , ~ ' p 9 e E r F Ml y. r~ '~ ~ ,, s"z , ~DgTED thts '/ da of f~~.~l--~~~'I j7 a," Y xr^~--1 r fr'~ 1 S r ~, Y " r Sy ". ~ ~~t; '~'' ~, +,. ATTES''~ ~~ - x " s' ~r~ o r r r ~' } r '~~,vp' .r~r^, -"~, ~', , r/ ~ w;,r`"' -~ PITKIN CGUNTY`;BOARD G_F;000NTY COtAF1ISSI0NERS''r '~ r 1A' a, > r.x~ , r', ~T-^o,? ~~Sie KG/5 r - r'' $,"- "c '~ y '' r -•"uy J r F s' r' m v x ,' dS~ ',: ~ ~c?p r ~' - a',~ ,x r sop n rcD AS Tn FGvs+' 1 ~ -' .r P 4 ~ E ~~ ~ r ''w ' vY ' «/ 1 l r ' n ,- ~ ~k 3Sy ~ - ~ ~ ~r ~~ - e r r Y .. r ' ~L.~ . r y f, i / >- .' .~ ` ' '-Sandra M ;Stuller ,.. - ` Attm•ne -~,. ~' y~1 ~1 Y C :~s r _ _ _ t ,• ~ - ~ a..,. ".: .. ry:...y .:. r. .~ - 'Y.' ~...: fir. ~~''. ul. _ ; r : ' ... .i. .. .... r r. .~' _ " -.~ 1. .{~''_~.~ ~ __ _ .. r. S ya ri.t' .,,r .,., ~ ........ :.:.... .~. .. ~. , ~f :: .~. ~.~aL . ~... n_, ..~.,...,r..,,..., ,. ... ;~.:.~ ..r-, -'-aE .. . .. . .....:.:....:.r ..,. .... ...,.,:....,,, J,...:r:;..,,;*nvr,'~ii,. Yom, . ,~ PITKIN COUNTY TIT~ENC. THANK Y(~U.f~'O~ ~YO'lJ~` O~tDE'R W ``"` ~ Please find enclosed a commitment or commitments to ssue~~tl~ Insurance. II Please review the enclosed and if you,, have any questions please do not hesitate to call us at 970-925-1766. I TO: PEAK PROPERTIES OF ASPEN, INC. ATTENTION: ALLISON DATE: April 26, 2001 OUR CASE NO: PCT14922C2 SELLER: WALTER H. BIRK AND ROSEMARIE D. BIRK `" BUYERS: MARC MATHYS LEGAL: METES AND BOUNDS COPIES TO: 1.MARC MATHYS -VIA MAIL 2.ROSEMARIE D. BIRK 81NALTERIi. BIRK-'VIA~MAIL I 3.RICK NEILEY -VIA DELIVERY I 4. 5 SCHEDULE B'S DELIVERED TOp MARC NIATHYS~- VCA`MAYL I COMMENTS: WIRING INSTRUCTIONS FOR THE CLOSING bl: THIS"TR{\1~7~AC'f'1O~ A`f~Er"~NCLOSED""" "` I '"" THANK YOU!!! _ p Frdelity National Title Insurance Company A Stock Compgoy ~i _ COMMITMENT FOR TITLE INSURANIrE ` ' -' ~`'" .»,,w~. ,.~_,~ ~ .._ FIDELITY NATIONAL TITLEINSURANCECbMh;~NYaCorporation hereincalledtheCompany,forvaluable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described orreferred to in Schedule A, upon payment of the premiumsand charges therefore; all subject to the provisions of Schedules A and 8 and to the Conditions and Stipulations hereof.- This Commitment shall be effective only when the identity of the proposed Insured and the amount of the I policyor policies committed for have been inserted in Schedule A hereof by the Company, either at the time of ' . t e issuance of this Commitment or by subsequent endorsement. ', This Commitment is preliminaryto the issuance ofsuch policyor policies of title insurance and allliabilityand obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESSWHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." ty f lrtd,. ~o..>zh T.~e, ln~. Fi tIe/r-suraixoeComp®ny deli Nafiatal r '~ 601 E. Hopl®e Avemre ' f Srd Floor V Aepev, Colorado 81611 /^~ ' ~+. 970-925-1764 Pfione o~ pFORyr9 BY ~~~~ 970_925-6527 Fan ~ U p4r ;SEAL 70 '° is ATTEST Presitlenl c~ ) Countersigned ~~ ~ •~ `n~~ v. ~~~~~°~'~-_~ Au[horized S>,gnature ~ - ~ v seaemry ~, .-_.. FORM 27-83-66(9/94) ALTA COMMITMENT - 7966 Valid Only if Schedule A and B are Attached The tondigons of this commitment require that the premium and rhargea(re paid prior to the isswnte o(the gtle policr(s} Therefore, rro poritry(s) will tse issued until the charges have been remitted to tl~e iasdng agent. ;: ,: COMMITMENT FOR TITLE INSURANCE SCHEDUI,EA 1. Effective Date: April 9, 2001 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Proposed Insured: MARL MATHYS (b) ALTA Loan Policy-Form 1992 Proposedlnsured: Case No. PCT14922C2 Amount$ 999,000.00 Premium$ 2,342.00 Rate: Standard Amount$ 0.00 Premium$ 0.00 Rate: Tax Certificate: $10.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred fd in this Commitment is at the I effective date hereof vested in: WALTER H. B1RK and ROSEMARIE D. BIR`K 4, The land referred to in this Commitment is situated in the Cdurty of P1TKIf~ S`taYe of COLORADO and is described as follows: See Attached Exhibit "A" PFfKIN COUNTY TITLE, INC. 601 E. HOPKINS ASPEN, CO. 81611 970-925-1766 970-925-6527 FAX AUTHORIZED AGENT Scfiedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. .. ~,e.. ~. t ... _ A..,. ..i... t~ EXHIBIT "A" LEGAL DESCRIPTION A Parcel of land being part of H.E.S. No. 112, Township 11 South, Range 85 West of the 6th P.M., described as P 1°11' West 416.65 feet, which poi~rfis BEGINMNG at a~ int whence cornprNo. 8 of saitl H.E.S. No. 112 beaPSouth tat Page 254; then East along the also the Northwesterly corner of that certain parcel of land described in Book 189 Norther) bounpda of said 189/254 arcel a distance of 3g03.fi9 feet to a oi9t of intersection with the ~iVesteriy Boundan of that certain arcel of land described in Book 183 at Pa e 92; thence aion the Westerly boundary of said 183/92 pa~c the followingcourses and distances: North 12°1T East 139.45 feet; North 13°55' East 173.07 feet; and North 04°00' East 80.88 feet to the Southwesterly corner of that certain parcel of land described iri Bodk 185 of Page 191; thence along the Westerly boundary of said land in Book 185 at Page 191 parcel the following courses and distances: North 04°55' East 163.68 feet; North 02°15' West 177.09 feet; and North 06°5T East 48.76 feet to the Southwesterly corner of that certain parcel ofland described in Book 188 at Page 41; thence along the Westerly boundary of said land' in Book 188 at Page 41 parcel the following courses and distances, North 06°5T East 93.30 feet; North 27°2T Easf 96.06 feet; and 'land described in Book 196 at Page 59; tphen~ e OnterOsec~t on wfth9ine 8 9eof said H.E.Sa No f112d and in Book 196 at Page 59 parbef a distarce of 34.67 fee~to a thence Southwesterly 1211.00 feet; more dr less, along said line 8-9 of H.E.S. No.'112, to the point of beginning. SCHEDULE B SECTION 2 EXCEPTIONS The policy orpolicies to be issued will contain exceptions to the following unless the same are disposeu ui the satisfaction of the Company: lU 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lihes, shortage in area, encroadhmen4s, any facts whidh a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water dr sewer service or for any other special taxing district 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded September 6; 1922' in Book 159 at Page 142: 8. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Pitkin County Board of County Commissioners recorded June 30, 1977 ih Book 331 at Page 22'9 as Resolution No: 135547. 9. Easement and right of way as set forth in instrument recorded July 5, 1977 in Book 331 at Page 390. 10. Terms, conditions, provisions and obligations asset forth in Agreement recorded February 22, 1979 in Book 363 at Page 745. 11. Any loss or damage resulting from adversary or possessory rights of the property lying outside or inside of Y P Y Y P Y 2000 as Jolb No. 6348 overla s as shown on surve b As en Surve Engineers; Ihc. dated January 17, _. w~_ ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition fo the ones set forth' above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water tights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND ~ MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condomnim ortdwhliouse unit) (i) of th'attitle entity's gerieral requirements for the deletion df an exception or exclusioh to doverage relating to unfiled mechanics or materialmens liens, except when said coverage or ihsurance is extended tp the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying tfie Company against iinfiled mechahics' and/or Materialmen's Liens executed liy the persons iridicated in Elie attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed' Item Number 4 may be deleted from the Owhet's policy when issued. Please contact the Company for further information. Notwithstanding the {oregoing, notliri 9 contained in this Paragraph shall be deemed to impose ariy requirement upoh any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction_ ,the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122); (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the Cdunty Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurerby the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the`compariy prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule B-Seiition 2 Commitment No. PCT14922C2 f.. ,~ _. F. .-- ,. ,~- O L S S O N A 5 5 UC l A TE 5 ENGINEEflS • PLANNERS • SCIENTISTS SURVEYORS-- P ' 14 June 2001 OA Project Number-200T-0499 C/O California Stone and Bath Design 303 East Main Street Aspen CO, 81611 Attention: Mr. Marc Mathys RE: Avalanche Risk Assessment Dear Marc: Enclosed for your use is our Geologic Hazards Assessment Report for theBirk property. The report was prepared based on the terms of our letter proposal to you dated 30 tVfay 2001. The results of our analyses indicate that the Birk property is situated in a Blue Moderate Avalanche hazard zone as defined by Pitkin County: Expanding the footpr of the existing structure to the north, west or south is possible without encroaching i int nto a hi her Red avalanche hazard zone. Furthermore based' ~ 9 ) on observations m surrounding the property it is our opinion that the geologic hazards associated ade with rockfall and debris flows is low. We hope this report provides you valuable assistance ih your re-development efforts with the property. I will be out of the country through the end of the month, but will contact you upon my return to answer any questions you may have. I have also included an invoice for the balance due, per the terms of our work agreement. Thanks again:- I Yours truly, Olsson Associates /~~U~~i" " _ I Matt Fuller R.G Engineering Geologist/Project Manager ~M99ct~m ~n~ ~ihy,,~~~~g Baz,~g5A9rutn ey p~ Ap ~q~~i3,i re\ p fag it As esmenh Tra~M'n.flai~aE'e"a ~zA~iSUrYI`a FftJ"'~u e~~l~o'ib$~i~$n~aS A'YYi'YV'~MO~~~C 4o ~ni?X~~°~lvalanche ~~.. ~ ~ ....:........,~ ASPEN/PITKIN COMMUNITYDEVELOPMElST DEPAI2TMEIVT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920'-5090 FAX (970) 920-5439 MEMORANDUM TO: County Attorney Wildlife Biologist Colorado State Forest Service County Engineer Castle/Maroon Caucus Aspen Fire Department FROM: Brian McNellis, Community Development Department RE: Birk/Mathys 1041 Hazard Review (PID 2911-021-00-023; CASE # P92-01) ' i DATE: July 31, 2001 Attached for our review and comments are materials for an a licati Y t3' ~ g ~ pp pp on Ybmitted by Marc Mathy's. The Pitkin Coun Hearin Officer will review the a lication on Tuesda October 16 2001. Please return your comments to by Monday, September 3, 2001. PLEASE RETURN APPLICATION Iv1ATERTAL,S TO COIvIN1UN~'t'Y`~D~V)/L~PNI>/NT IF YOU'D" ' HAVENO FURTHER NEED OF THEM. Thank you. f COIVIlVIiJNITI' D~VET:OP1i%IE1VT I"PAtt'I'M`El\"'T 130 South Galena Street Aspen, Colorado 81611 (970) 920=5090 FAX# (970) 920-5439 July 31, 2001 Marc Mathys c/o California Stone and Bath Design 303 East Main Street Aspen, CO 81611 Re: Birk/Mathys 1041 Hazard Review (PID 2911-021-00-023, Case No. P92-01) Deaz Marc, The Planning Office has completed its preliminary review of the captioned application. We have determin~l' d that this application is complete. After a more detailed review of the submittal information, additional ~,~4 q y P a lication. Thel fanner in haz e of the review will reque t the information fromyou direct cess the Pp P g lY We have scheduled this application for review at a public hearing by the Pitkm County Hearing Officer on Tuesday, October 16, 2001; at a meeting to begin at 3 00 p.m. in the Fitst`F1oor 1C~feefing Room of `the me gtluns 3 working ddays of theg to of this lette~ After thatlthe agenda date will be considered final and tll than es to the schedule or tablin 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 Pitkist County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the ~ enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. I If you have any questions, please call Brian McNellis, the planner assigned to your case, at 920-5099. Sincerely, Isabel Calderon Administrative Assistant Enclosure ~,. .. __ ~~-~~~:~., j SEP -12-O1 WED 0~3t22 PM ._ FAX N0. ._ _'~03 ~""'a P, . ~ ~'" County of Pitkin ) AFFIDAVIT OF NOTICE & ~i ) ss, MAiI,ING I'TJRSTJANT"I'U ~ State of Colorado } 1'I'PKIN'C'OUNT'Y LAND >:)S)r, ~ CODi; SGC'CION 4-90 1 I,~_[~'1 ~lC ~/t'~"F~s- P Y y ,being or rcpre.~enting an Applicant to the Yrtkin Count Develo matt Perron, ersonall calif that I have crnn ~licd write the rublic uotice rcquu'cmcnts puitivantto Section 4-90 of the Pnkm County T,and Use ILegulati~ons in the following mantScr; 1. 13y mailing of notice, a copy of which is attached hereto, by first-class, postage prepalid U.S. Mail at least 30 days prior to the public hearing to all owners of property adjacent to the subject propa•ty, as indicated nn the attached list, on the [a day of 5~~~, 200 j (which is days prior to the public hearing date of Ll;~" /G~. The names and'' addresses of the adjncent property owners sh~l[ be those on the current Iax records of Pitkin County as they appeared no more then GO days prior to the public hearing, 2. IJy posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that said sign was posted and visible continuously from the day of ~~:,~ 000 to the -_~. f~-' " ~ day of _~ , 200...• (Must be posted fur ai !cast fifteen (15) frill days before the hearing date). A photograph of the ~, posted sign is attached hereto. Applicant's name (Attach photograph here) t I . ,fn. ~:i~naturc -- Signed before nee 200jby Nj~ `` oR c0 pRF TP~E S ° E~p~ces Of MY ~0mm~ssa MY I~I >sion c s S. ~~C_ No r ublic -"'. a No ry Public's Signature -' this day of JP~nyy~ Pyt, Nn AND 0}:I~ICIAi.. S~AII xpires _.,......_-- ~ ~. ,~ ~S _. '~ . PUBLIC NOTICE RE: BIRK/MAT$YS 1041,FIAZAD REVIEW (P92-Ol) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 16, 2001, to begin at 3:OOpm, or as soon thereafter as the conduct of business 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 Marc Mathys, requesting 1041 Hazazd Review approval to establish a building envelope for a new residence. The applicant would like to remove the existing residence on the property. The property is located on 0299 Conundrum Road and is described as a parcel of land being of H.E.S. No. 112, Township 11 SoutfiRange 85 West of the 6`h PM. For further. information contact Brian McNelhs at the Pitkin Community Development Department, (970) 920-5092. s/James True Pitkin County Hearing Officer Published in The Aspen Times on September 15, 2001 Pitkin County Account No. 002.02 y Public Private X .~ _ _., ASPEN/PITKIN CUMIVIUNITY DEVELOPMENT DEPARTMENT for Ya ent oz risen ~,on,.a ..~....., ._;, ~~ w.~ ~ .. ; ., ., ,~, A regiment - ; „ . ,. PITKIN COUNTY (hereinafter COUNTY) and ~ f}2e._. /~lA•!}4''yS (hereinafter APPLICANT} AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for a 9 9 Gcv~,v c~ (hereinafter, THE PR07ECT). No. 98-7 andd 99L37~ab1 sheasfeeastructurerfor P anni g~ appl ations aanQ ofl~ payment of all processing fees is a condition precedent to a determin ~ application completeness. 3. APPLI eaNToand COON tY o~ bl at his time t thasc lertain the full' scope of the propos p ] P extent of the costs involved in processing the application. APPLICAN'T' and COUNTY further agree that it is in the interest of the arties for APPLICANT to, make payment of an initial deposit and to thereafter permit additional ~OSts,to_be billed to APPLICANT. APPLICANT agrees he wail be benefited b retaining greater cash liquidity and will rnalce additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it wilt be benefited through the greater certainty of recovering its full costs to process APPLICANT's application. 4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to thg Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of Courity Commissioners to make legally q g p p .., g P~ p~'r re sexed findin s for rolect a proval, unless current billin s are aid in full no to decision. 5. Therefore, APPLICANT agrees that in consideration of the COUNTY s waiver of its n ht to collect full fees nor to a detetmtnahon o ' 'g P~ f ,. ,.. } ~_ s ~..~< application campieteness, APPLICANT shall pay an initial .deposit in the amount of $ which is for hours of staff hme, and ' ' epo APPLICANT ~ shall pay addi if actuat recorded costs exceed the initial d sit, tional monthly billings to' COUNTY to reimburse the COUNTY for the, processing of the application mentioned above, including post approval review. Such periodic. payments shall ANT further a ees that failureto pay such accrued ostseshall~be grounds o rsulspension of proce~ing. T'TTI~IN COUNTY Cindy Houben Community Development Director g:lsupportlformslagrpaypt,doc 05/05/00 APTLICANT /'1 A~Lc- FaAr7~''rS T''rint 1~an Signature Date: ~~'~-- ~ L 2,ae+ [ Mailing Address: ', 3©3, ~ ~?,4~s.~ 512 _,. ,. ,, .9561' COMMUNITY DE..oPME1~TT DEPARTMENT 1.30 South Galena Street Aspen, Colorado 81611 (970) 920-5090 Fitkin County Land Use: 172 Board oC Adjustment _ 159 County Land Use Code 173 Deposit ~~' ~7 i ('X7 174 Flat Fee 162 Zoning and'Sign 169 PublicNotice _`_- ~~ 180 Planning Enforcement _ Referral Fees: RB115 Access Permit _ LUC01 County Clerk ;,... ,-. 193 County Engineer _ 194 Environmental Health `' 198 Housing 190 Land Management _ !- 196 Wildlife Officer Building Fees: 170 Boazd of Appeals 135 Building Code Sales 105 Building Permit 100 Contractor License 120 ElectYical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check _ 110 Plumbing Permit 130 Reinspection d51' Aspen Sanitafion ' 152 AVFD Fite Marshal Other Fees• 155 Usc Tax 165 Copy Y Performance Deposit 185 Park Dedication 186 Parking Cash in Lieu 166 GIS Maps _ IS GIS Requirements ' RB116 Road ImpacfFees B1202 Road Impact Fee B1203 School Impact Fee T O TAL 1~-~ a ~ (~' NAME: q g ~ n ~ /-P ~ ~ ~7 7l _ _ ADDRESS/PROJECT:_~~1~IiD J//! ~.i//y~'~~ i r C PHONE: - -.. ~y,. a .L~3=mxH .,. m=..,. f+.A, s. .,... ~^.,.~ CHECK# ~ .,.;, CASE/PERMIT#~ ~° #OFCOPIES: _ 'ATE:~~~ INITIAL. _ r~ s ii 2001-2 4 ~. ~H^ V / F~1 ~W~/ LL ~y~~/ I..f~ N Q d' O .-~ >- Z i- 4 ~~.. m ~,. (I Z ~ a O ~ i i 2 $ rlr w ~..1 £ ~': b rv e~ 6 BN ~ ll.l ~~ vas ~hn ~ $~~ " $~~ " $~~ of ~ ~ ~ f ~ 2^t5 € 0 s~ ~g ~~~ ~ ~'r~ ~ res"~ ~ ~~x x ~~ ~ q ~ a i ~ ~b 4~ gux~~~2~e6 s~a~.~~l~ akb r $ :: c~~~ ~~ $~ &9~~ ~a~ ~~A~~~ 4$~9i~ vr~IyIIri ~ex ~e ~§ ~ '~ ti ~ ~ 4~3 ~ ~ W w ~ ~ §gs ~~~~~ a@0ta ;,~§ffb yi4 . ~ „ s"' ~ '/~T~g p ' 3?' yTT~.~~yy 3~ y '~q ,~~t,.99 99 ~.a k 5 YSF i F J ~°R "H49 Yw~~ 45 ~ :A Y ~P g ~ „ ~ p ~ `1 a Um ~ O ~a '~ ~ 9~ ~$~ ~ ~ ti .x~ ~ \ ~ \ I] AONpp N 3 90 /-•~$- '6 'Oft .V,_9S,yi~\ ~ ~`y r/ ~-~ . Y \ ` ~" ~ \ ~ '~ ~~~ ~1- ~6d ~Y ~p¢ o VV ~ g~ `---~ p erv$ lV ~~• ~~ ~n°°~~ i m y p 99 a' I ZUKI~ ~• ~~~x ~r 3~~E _ ~~,~~ ~. ~i ~~7 3Rr"' ~~- Y a ~~ 0 o g 37 `/J e ~pl ~- F n. WI G('~ 2! ry 4 ~/ ' ~ Ci vdyt/ N~ CN~SCr~ _ \~/~~\ ~\~ a.^ ~ O ..fix ~ ~ \ . __ _.__ .:.\ l \ \a ~ ~~\ 3 \ ., ~~°i,.~''~V. ~~ ~ f.~~ ~\ ~ 3}cJ '~.~ \ ~ ~' ~ ~ ` \ \ ~ ~ ~ ~ ~ c~ `~~ N ~yJ~1~Iy \ \ ` "`\~~\\ / ~y ~ ~~~ ~ ~ ~ \ \ °69'9Fe, \ ~,g~ ~ ti.. U ~~ ~" ~ \ llJ ~ L ~ o ~3 Ary , h ~w M 4. ~~ ~J } W W o ~ ~. n~ 2M i ~, .~ ~ 21 gP ^ G Ww, ~ ° /~ V a m Iii o a ~0,4~ ~y r Fi O p n ~ ~ a (~OUc (z. a~}o ~/ } z N M C3K]'1+21C71S~J N3dSV 'l99Qt XQ8 Od c~~~~~ ~axiy~a~,r ~a~~aj~+u~s~C~ , ~~: 1 ~ .-~ g, L ~ 6, ~ 1. ~ ' __ ~~ ~.~:-~ ~~I J~ ~~~ ..1' ~-.~...___... _-~ir-==._-- ~-. F » .. ,r ~ ~ ;.~ .i~.~~~~ Tel a li' E ~jt~ ' r + ~ , r.~ ` ~ 1 i 1 ~I 1 1 11 ~' ~ 1 ~(' . /, ,, ~ _ ~"" ---; T? t' ~~ i ~ ~ t ~ `j ~~ G_--r._ 1* .. ~ I~!~{ ~_ -i ~ , fif; ~'' I ,! ,, .., _~.:1.~1a ~ , ~ I` III{AAIIi~~ ~ '~ ~~ ss.^ : t ~~ _ I~ ( ~ i ~ \ _ J ,.. ~~' ' ~1 1y1 T~~ ~ti~ ~E ~-~ ry ~ ~f I J +~ .1 '~1 iy {IL ~ I k . y, ~ r }L'`. li _ ~} + r-*-- ~'r .... 1 ~ ~ •--r . '~~~! ~ ~ •i 'Fiji j{~',.~ ~" i f .'. ~_ {~ ~~_ ~ _1 ~_1~. ~- _:- jJ{ ~ ~, fr.rN. !. ' 1" .< la ~~~y~~d a11~~l+uas~C) y ti> a 1~. e o 4 +ti ~. ~..x i .~ x Y T i ,~. ~ ~. [/ /J / / ~ . i ~ I ~ ~! / ~ t' ~`/ , / ,' ~ ~ J / t ~ J f f i i ~ t I ~ ) ~ t. + / ~ ~~ i i ~ ~ Q-- ~ ~ / ~ ~ / ! r I ! i,. ~ I ' jr t' ~ /" f t ! t. ~ \ ~~ ! 1~ 1 t 1 ~1 ~~ ~J r ` 1 ~ t ~l ~.. ~ ~ t ~ 1, i ~ ~' t t: + 1` ~ t ~ 1r~ ~ f ~~ / 1 1! / ~ 1 ~/ !,~ ~ ~ 1 /rte ~ i ~ ~. ~ i. ,, 11' ` 'l ,, , ,, t r i µ S 4~ ~Q ~~ ~~ L d e 1 P~ r' i Id d s %~ ~ \ J ^' ~G ~nn V~ I` r _^ ,~ i t ~~ ``jj,, X11 ~~ N3dS~d 19901 XC3£1 Ud , ~~~~ i~ri{~ad ~ia~l+uasl(O °~ ~` ~. ~ ~~, ~~ -. ` ~ ., -_ ~. •, .. 1~D ~~ la .; -; -------~---------_-. --t ~~ . ,. \. `~\ _ 4 `~~ r o °° ;_ !~ ~ ` ~: ....,-~ ~~ ~~-' ~ ,, i i -~ ~ l % ~ ~ /~ / l ~ / NMtp w f Q~ I --~-:--- I f i i ~.~ i ~~ I I I f i I I I ,_1 ~~ -~-- i a~~~a~r ~~}la~l+ua~pQ Ti,_ ~~. f ~ ~$~ ~ ,~ ~~', i .. ` k` ~ ,: I / ~~~ F_y ... _, .. T.. -. ~.. ,~ ~, ~ r ~ -='. ~~ ~y i ~~~~ Y / n\ /, / 1 / / 1 ~~) r ~\ i~ i r ~< ~r / ~~ /' . .._._.. ~....~.. L .. ~. 1 ~ 1{ f i f wr9~s ' ~ i ~ _~__~_ --___- i ' ~I i~ ~ ~J '~ f l ~~ ~ ~ - -~ ~ ! ~ - .` i \~ ~ •~ ~ 4 { i~-" ' i -~ ~ ..- ~` __ _~___ '. ~~ ~~ ,~ ~' ~ I t ~ ja 7 ' fi } ~ ~_ ~~ t .. ~' ~ ~~ ..~~.~ I .r ~', i -- ~ '" _ ~ {, t` ,~ ~ j r as ~ / ~~ !' © ~ -~ .., _ ~~ ~,~ _ _ ~sd ~~~ ad n ~ N n ~~~~ 1.~' ~1~' :_ ~~ ,- ~., ~ `~~ \. , `.~'~'ti ~` ~' ~ . ~: ~ ~;. ~ , i i s i ~ ~I i I{ ' ~ II f~ I ~ I I ,~ f ---- ----__-~_---t I ~~ i I ~ I, I - ' ~~ f .~c '~ i O, ~O \~ ~ I X ,/J ~.._..t .. i ~ ~ 1 1 ! ~. .., I .................._ -_.....__.._...t '..• ti f/~ ~ i i- f 1 !~-~ ' f ,~ i -- I i " I ------ - -- ~- i .,., I ... i ° ~ ~ ~~ ~ ~ i "~ . ~ ~`~ i ,I . i `t ~~. \ \. i ` `~ ~ ~ ~ ~ ~~ ~ .~~ 1 T, ..._..~~ 1 \ :~ ~ ~~ ~. 1 y 's r r i s~ ~ r \\ ,'1/ :_„~ ,i 1! ~` ~!~ `'___ i _~. as , 1~ L :- :~ ,,; ,~ ~.