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HomeMy WebLinkAboutpitkin.planning.291102300020 (3)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT 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 Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x1'77 DETERMINATION OF T;E GRANTING APPROVAL OF Determination No. ~JZ 2004 _"^05483 Page: 1 of 6 12/2872004 02:211 9 D 0.00 OUNTY, COLORADO, RE'VIE'W, CONCEPTUAL RECITALS 1. Robert Lewis ("Applicant") has applied to the Pitkin County Hearing Offcer for 1041 Hazard Review a11d Conceptual Submissibn,to re-establish building and access envelopes for the constriction of a single- family residence and accessory uses. In addition, the Applicant has applied for Special Review approval for an attached or detached Caretaker Dwelling Unit. The building envelope is the same as was approved in 2001; the access envelope is proposed to be modified slightly. 2. The property is located in the Castle Creek Valley off of Conundrum Creek Road, and is more specifically described in Exhibit A. 3. The property is zoned AFR-10. Theproperty contains approximately 9.69 acres and is non-conforming in size. 4. The Hearing Officer granted 1041 hazard review, conceptual submission and special review approva] pursuant to Determination No. 048-2001, and a 1041 site plan was recorded in Plat Book 71 of Page 8. 5. The Hearing Officer, at a duly noticed public heazing on December 21, 2004, reviewed this application, and at which time evidence and testimony were presented with respect to this application. 6. The Hearing Officer finds that this application proposes development in the best possible location, given the ]Iazards identified on the property. 7: The Hearing Officer has determined that the proposed caretaker dwelling unit meets the standards established in the Land Use Code. Tlie Applicant proposes to deed restrict the proposed caretaker dwelling unit. NOW THEREFORE BE TT RESOLVED by the Pitkin County Hearing Officer that be does hereby grant approval to the Robert Lewis ] 041 Hazard Review; Conceptual Submission, and Special. Review for an attached or detached caretaker dwelling unit, subject to the following conditions, which shall run with the land andbe binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in The application and public meetings: 2. This approval and the conditions herein shall repeal and replace Hearing Officer Determination Ng. 048- 2001 and its conditions of approval. 3. Prior to submittal of any building permit applications, the. Applicant steal] record a revised 24 x 36 inc11 mylar 1041 Hazard Review Site Plan iii accordance to Section 5-70-040 of the Land Use Code. The n?ylar copy of the site plan must be signed by the owner prior to submittal for recording. The revised site plan shall desig~iate one "access envelope" to "replace the "primary" acid "alternative" access envelopes shown on the previously recorded site plan. 4. Prior to submission of a septic permit, the Applicant shall provide documentation to the Enviromnentat Health Department as to' ait adequate quanTity and quality of domestic water from a well The well shall be located within the approved building or access envelopes, or outside of the -7~ I !11 11! I I~ II~ 515483' Determiraaliaa No. J'! 2004 "' ~~ 11~ ~I) ~I II t ~~II 1 ~) II ~~I ICI I~ P2928/2004 ez:zt~ Page 2 i! SIIVIR DRVIS PTTKIN 'COUNTY CO R'0~. 00 ~- D 0.00 envelope in a location approved by the Community Development and Environmental I-Iealth Departments. 5. Prior to the issuance of any building permits, the Applicant shall: A. Obtain approval of a septic permit from the Environmental HealtU, Department. The sewage disposal system must be designed by a registered professional engineer and shall be located within the approved building envelope. B. Obtain freplace/woodstove permits from the Community Development Department, if necessary. C. Submit a drainage and erosion control plan for review and approval by the County Engineer. The plan shall address the management of runoff during construction and after constriction is complete. D. Pay the applicable road impact fee. E. Obtain a driveway/access permit from the County Engineer. F. if the primary residence exceeds 5,000 square feet, submit a Traffic and Parkine Management PIarT in accordancewith Sectioit 4.01.0](0) of the 2003Pitkin Comity Assets 1vlaliagement Plan, for review and approval by the County Engineer. The Plan shall ii~d'icate'ttiat vehicles associated with construction (i.e. employee traffic, constructionvehicles, staging and deliveries) shall not violate County Law, such as parking on County rights-of--way. G. Submit a grading p1aiT for review and approval by Community Development and the County Engineer. If the grading plan shows cuts and/or fills are greater than 5 feet in height, the Applicant shall submit a soils and foundation analysis including an evaluation of the stability of cuts and fills. Tlie grading plan shall be done by a registered professional eTigiueer and the evaluation of the cut and fill slopes should be done by a geoteclincal engineer. 6. Wildfire mitigation shall be as follows: A. Defensible Space: 1) The area around all structures shall incorporate landscaping with wildfire defensible space considerations as follows (NOTE: Actual vegetation mariipulatiori to meet t7lese conditions may not be necessary wliere the natural vegetation patterns have a'Iready ful$lled these conditions): a) Brush, debris, and non-ornamental vegetation shall be removed witlTin a minimum 15- foot perimeter around all structures. Vegetation in this area shall be at 6" or less (i.e. mowed grass, low-growing peremTi'aIs). No vegetation taller than 6"shad] be planted in this area. Any combination of mulch, hardscape (i.e. sidewalks, stones, etc.) may be utilized.. b) For a distance of 100 feet in every direction, existing conifers shall be thinned so that there is a 10-foot spacing between trees measured from the outside edge of the lower branches. The lower limbs of all remaining trees within the 100-foot perimeter should be removed to a hei~gltt of 10 feet or half the total height of the plant whichever is least to eliminate ladder fuels. c) All deadfall and standing dead within 100 feet of structures shall be removed. d) The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. " B. Structural Design and Construction Requirements: Delernunafion Na ~-2004 'III II1II II III II I IIIIII IIIII II IIIII I II P D s4~~ az:zv Page 3 SILVIR DRVIS PITK?N COUNTY CO 'R 0.00 D 0.00 1) Roofs steal l be constructed with a Class A roof covering or a Class A assembly. Wood shake/shingle roof covering are prohibited. Roofs with less than 3:12 pitch are not permitted unless they comply with the following: a) All 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. b) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. c) All roof design shall facilitate the natural process of clearing roof debris. Protrusions above The roofline, such as parapets, shall be prohibited d) Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. e) All roof designs, coverings, or equivalent assemblies shall qe specifically approved by the Fire Marshall prior to submittal of a bgilding permit application. 2) All vents shall be screened with corrosive resistant wire mesh of one quarter inch maximum. C. Maiutenazice: 1) Roofs and gutters shall be kept clear of debris. 2) Yards shall be kept clear of all litter, slash, and flammable debris. 3) All flammable materials (including firewood/wood piles) shall be stored on a parallel contour a minimun of 15 feet away from any stnicture. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from all structures. D. Miscel]aneous: 1) Swimming pools shall be accessible to Fire Department vehicles. 2) Fences shall be kept clear of brush and debris. 3) Wood fences shall not be connected to the structuee. 4) Fue] tanks shall be installed underground with an approved container. 5) Each structure shall have a minimum ofone 10 ]b. ABC fire extinguisher. 6) Addresses shall be e]early marked and visible with minimum 2" non-combustible letters and shall be clearly visible of the primary point of access from the public or common access road and installed on anon-combustible post. 7) Any outbuildings or additional buildings shall adhere to the same standards as structures. 8) Utility lines shall be buried: No development, including grading, excavation, fill placement, berming, landscaping entry or ranch gates, construction parking or staging and vegetation removal or disturbance shall occur outside of the approved buildntg or access envelopes unless otherwise specified in this docinneiit, such as necessary wildfire mitigation. Utility extension and maintenance shall occur within the approvedbuiidiitg add/or access envelope, except to extend a waterline from the well to the building envelope if the wel] is located outside of the building envelope. 8. All areas disturbed by construction shall be revegetated with native shrubs and gasses to limit water consumption and additional runoff within one growing season of the project's completion. 9. The Applicant shall comply with the fo1)owi~tg wildlife mitigation: A. Dogs shall be kenneled. Deternzincrlion No.'L 2004 Puge 4 f ''°"' 5 Page: 4 of 6 ~ I I~~~ I~~~~ I~i~~s ~~~~I~ ~~~~ I ~ ~S~II _i ~~~_ I~I~ ~~I 05483 I 1 12/28/2004 02:211 00 D 0.00 g p y n,ce No.010-2001,. Prior to B. All waste stora e s~all ~Om 1 P ith Wildlife Protection Ordma Certificate of Occu arc ,coin fiance with t11e, ordinance. shall be verified. ~, R ~ p es, with the i R a D. Dative veuetation shallbbeldreservedlo tside ofltl e~budildin~ and access envelop esceptlon of any thinning acid spacing required to accommodate wildfire mitigation. Tall, overly mature and standing dead aspen shall be retained whenever possible as nesting and roosting habitat for woodpeckers, raptors, and cavity nesting songbirds such as nuthatchers as per section 3-80-OSO(A)(13)ofthe Land Use Code. E. Any vegetation altered for an access road, utility line or similar use must Ue replaced with vegetation equal in type and quantity to that being removed according to a mitigation plan approved by the County Wildlife Biologist pursuant to section 3-80-080(A)(4) of the Pitkin County Land use Code. F. Fruit-bearing trees and shrubs should be avoided ii1 any landscaping. G. Landscaping shall include vegetational screening of the north side of the building envelope to minimize the effects of increased human activ_ ity on wintering elk. 10. The Applicant shall comply with all codes and requirements of the Aspen Fire Protection District. 11. Prior to cootmeilcementof any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fetlcing around the perimeter of the building envelope. The fencing shall remain in place mitil issuance of certificate. of occupancy. 12. All lighting shall comply with the regulations of the Land Use Code. 13. All development must comply with the provisions of the Pitkin CountyNoxious Weed Management Plan. 14. Floor area shalt be limited to 5,750 square feet exempt from growth management. Floor area shall be ealoulnted based on the definition in effectaj the time of building permit subtuittal. 15. Prior to issuance of a Certificate of_Occupancy for a new residence, the Applicant shall remove the existing ym-r and one-story storage building. The eurrerit occupant of the yurt may continue to ir>)labit the structure until that dine, as lie has acknowledged the risk in writing and waived any liability of the County. if the current occupant vacates theyurE, the yurt shall not be utilized as a habitable structure until it is removed. 16. The Applicant shall comply with the following standards for the caretaker dwelling unit: A. Prior to the issuance of any building permits for the unit, the Applicant shall record a deed restriction for the caretaker dwelling unit with the Housing Office. B. The kitchen unit shall contain at least atwo-burner stove with oven, a standard sink,, and no less than a 6 cubic foot refrigerator plus freezer. C. The caretaker dwelling unit shall be limited to 1,000 net livable square feet as calculated by the Aspen/Pitkin Housing Authority. 1 Z The Applicant shall ensure that snow from plowing is stored on-site aiid is not deposited o^ neighboring property. 18. The Applicant shall pegotiate in good faith with the owner of the neighboring property to convert the existing revocable access easement to a penilanent easemet in order to. provide access off of a shared driveway from the southwest, rather than directly off of Conundrum Creek Road. _. ,_ . -.i P' r t,ir .. ~e wi a..y Deternzinatip~a Na. _-?009 Page 5 <_ 19. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set foirtl in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights grated herein shall expire on December 21, 2007. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 20TO DAY OF ,,~,. ,,, e__ . .~<_..,, ... _,.~...:._ NOVEMBER, 200. APPROVED AND ADOPTED ON THE 21ST DAY OF DECEMBER, 200. -r,. ,~ . VESTED RIGHTED NOTICE PUBLISHED ON THE ~ DAY OF ~1~~, 2005 ATTEST: u~~~. ani Taylor, Administrative Assistant APPROVED AS TO FORM: HEARING OFFICER OF PITKIN COUNTY, COLORADO . ames R. True, Heazin~ Officer Date:. l 2/ 2 ~ ~o `'~ APPROVED AS TO CONTENT: ~~ Cindy Hduben, Community Development Director 5t~5483 ~~~~~~ ~~~~~ ~~~~~~ ~~~~~ ~~~~~~ ~~~~ ~~~~~~ ~~~ ~~~~~ ~~~~ ~~~~ ~ ~ 2/28 D 0~ ~~ 2:211 ..,~ ..... ...tea. Case #P192-04 291102300020 ,~" f- SCA~DULE A _ Order h'rm7.ber• 000285G9 ~ ' `, - - + - .. „ LEGAL IJESCRIPTION A tract of land situated within thd, bovndaziac oP y.S.S_ No. 112, in Tovnabip 10 and 1Z Sauth, Ranges 85 West 'o Lhe Sixth PrincipalMeridian described ns follows; Beginning at Corner No. 5 of eaidli;.E.S. No. 112; Lh ence south bl °15'tiU^ west 6:13.'10 :r~eet; thence i.%ortn 3o~I9'OG^ East 4d5..&1 ieeE; tiJence ivortn 33'Y. "uv= wesz 3uv.3i 'feet co cer~er of ~auiicy icoad; Ll1 GlJi:O IT Vt {i%1 N1 q.. ./.n w.._.n~ ~.. < a 1 :. ~... ,... Yl VV L6JL tOj.>7 1CCL n1Y/Jg ~: CtJtCr VL V.VIlfI tJ' 1[V 611; ~i•ei .~v~ tii vv ~i.~i ~uv i 17 7i < ~ ~ i ~ t1:.°... ]P 'n~-LO e.t~rnva SD qFL OC f•ne• DT.~"y `v v u Sr r. u,. ~"" ~ .,.... :" C Cf ^ .tom a «a. 7 ~ >-h.a~n,+e V,.+•sl. _7 R_° 7'•I!n~ _' •_ fns?? fi°e,w, ~^.._~ tente_ Qf` 1'O ~'J ~':~ ?fl°'j; tY.ence Seuth 32°IC CO^ £ast 30_52 feet.- t~~nd Scof H as °81100«.East"674-. 78 feet to a da!nt aq the 2:n l+.etw~eea Ccr.7;rs t ' . . E. 5. No. 172; ., tbenee soutJ~ s3'°09.00° West 562.24 :fesL along said Line to Lbe point Of ' beginning. ,~ EXCEPTING TtiERE~RON that parcel of land described in deey~recorded November Zf, IS69 in Bock ~44at Page 641 as Reception No. 138033. Excepting ary portion of Lhe above ~dasczibadgroperty Yyl.ng within the County izoac~. coJ1'TS DF P:TR.^., ST;,'f,^,"CF~CDLD2:~C. IIff II IIf 505483 I~II~I ~III~ ~IIfII IIII~ ~~~III ~I~I I~I~II I~I ~~II~ ~~II_I~~I 0 P2g28 p2 00 0002 : 21I SILVI II~II) ~~III ~II~II III ~~~~~ II~~~) III~II II~-~~I~) III I~~I a 0 62890 003:54P SILVIR DiiVT __ .~. ~,., ,,. _ .. %ti v'+nv atn a a. ... .:: ::: t:.:. re+ ....res.,-~.«. .v Nw y.va.::'.'r~. c .ur.:+.u'[vti4 <'' MEMORANDUM ~i__ TO: Jim True, Pitkin County Hearing Officer FROM: Suzanne Wolff, Senior Planner*/,~/.~ RE: Lewis 1041 Hazard Review, Conceptual Submission and Special Review for Caretaker Dwelling Unit DATE: December 21, 2004 REQUEST: The Applicant requests approval to re-establish a building envelope to construct a single family residence. The building envelope is the same as was approved by the Hearing Officer in 2001; however, in addition the Applicant is proposing a minor change to the "access envelope." The 2001 staff memorandum to the BOCC is,attached for reference. Only changes to the 2001 . _.. .. Determination aze addressed below. The recorded Determination and site plan are included with the application. APPLICANT: Robert B. Lewis REPRESENTATIVE: Glenn Horn LOCATION: Conundrum Creek Road ZONING/LOT SIZE: The parcel contains 7.32 acres and is nonconforming in the AFR-] 0 zone district. BACKGROUND: The Hearing Officer granted 1041 hazazd review, conceptual submission and special pp p o. 048-2001 (refer to Attachment 1 of application). The 1041 review a royal, ursuant to Determrnatipn N site plan was recorded in Plat Book 71 at Page 8. The vested rights expire on December 18, 2004; therefore, the Applicant is requesting a new approval. REFERRAL AGENCIES:. The applicationwas referred to the Maroon/Castle Creek Caucus, but comments were not provided. Comments from other referral agencies are attached to the 2001 staff memo and are still applicable. ISSUES: Access Errvelope: There are two contiguous access envelopes shown on the recorded site plan: a "primary access envelope" and an "alternative access envelope." The Applicant proposes to combine these into one access envelope that encompasses both, which provides the Applicant the same flexibility to locate the driveway anywhere within the envelope. Dog Pr•ohibidion: During the 200 ] review, the Applicant requested that dogs be prohibited on the property, even though the County's Wildlife Biologist and the DOW only recommended that dogs be kenneled. Therefore, a dog prohibition was included as condition #6 of Determination No. 018-200 L The,Applicant is now requesting to eliminate the dog prohibition. Staff supports replacing the dog prohibition with a kenneling restriction, given the prior wildlife referrals. RECOMIVIENDATIOIV: Staff recommends approval of the Lewis 1041 Razatd Review, Conceptual Submission and Special Review for a Caretaker Dwelling Unit, subject to the attached Determination. Exhibits A. Staff memo to Hearing Officer dated December 19, 2001 with attachments Application and Site Plan provided separately *MS WolfF is aprofessional planner wirha Bachelor'sde¢rec in Urban Studies from the University ofYennsylvania, and isamember ofrhe American lnstitum of Certified Planners. Ms Wolf£ has worked for the A.pen/Ptkm Co my Com a ty Development Dep rtm of for 1? yeace and es a Planner/Senior Planner wiihin chat depart nem Foi 8' x years, In her planning position, Ms Wolff has rev awed n; me ous land ; se applications pr recant b the Pitkm County Land Use Code. o~;R~~~ _. - MEMORANDUM TO: Pitkin County Hearing Officer FROM: Tamara pregl, Planner* RE: Lewis 1041 Hazard Review, Conceptual Submission, and Special Review for a Caretaker Dwelling Unit DATE: December 18, 2001 SUMMARY OF REQUEST: The Applicant is requesting 1041 Hazard Review and Conceptual Submission approval to establish a building envelope for the construction of asingle-family residence and accessory structures. In addition, the Applicant is requesting SpecialReview approval for a Caretaker Dwelling Unit. APPLICANT: Robert Lewis REPRESENTATIVE: Glenn Horn of Davis Horn Inc. LOCATION: The property is located in the Castle Creek Valley off of Conundrum Creek Road. ZONING/LOT SIZE: The property is zoned AFR-10. The property contains approximately 7.69 acres and is non-conforming in size. REFERRAL COMMENTS: Refertal agency comments received are incorporated throughout this memorandiim and are attached for reference. Written comments were not received from the Castle/Maroon Creek Caucus and the County Engineer. STAFF COMMENTS: 1041 HAZARD REVIEW The Hearing Officer may grant approval of a 1041 Hazard Review and Conceptual Submission based on a finding of compliance with the standards of Section 3-60, 3-70, 3-80 and 3-]10 of the Land Use Code. Specific hazards, resources and recommended mitigation measures are discussed below: Wildfire: Staff and the Applicant's representative were on the site visit with Mr. Urbino. Vince Urbino of the Colorado State Forest Service has reviewed the application and has rated the wildfire hazard within the proposed building envelope as low based on the vegetation (grass and aspen). However, the east side boundary of the building envelope lies within a dense stand of Engelmann spruce and subalpine fire which carries a wildfire hazard rating of severe. The Applicant's representative indicated during the site visit that the east boundary proposed building envelope will be relocated outside of the Engelmann spruce stand to eliminate the severe wildfire hazard rating. The east boundary of the building envelope will need to be moved approximately 75 feet. Mr. Urbino has offered wildfire hazard mitigation measures which have bem incorporated as conditions of approval. ~flt;f'~f+ L+.E °, Lewis 1041 Hazard Review, Concephial Submission, & Special Review December 18, 2001 Wildlife Jonathan Lowsky, County Wildlife Biologist, reviewed the application and has indicated that the subject property does not contain any mapped or field verified mule deer, bighorn sheep, or elk critical winter habitats. Mr. Lowsky has offered a number of wildlife habitat mitigation measures which have been incorporated as conditions of approval. Kevin Wright of the Colorado bivision of Wildlife has also offered a number of wildlife habitat mitigation measures which have been incorporated as conditions of approval. Geolo¢ic: The Applicant submitted a geologic report conducted by Bruce Bryant, who is a Geologist out of Golden. Mr. Bryant has concluded that the building envelope designed on the subject property is located according to his recommendations where potential geologic hazards are minimal and where no structural mitigation is need to protect the house from avalanche, landslide, or debris flow hazards. Mr. Bryant has made the following geologic observations on the subject property. :• Landslide Hazard: There is no known danger from landslides on the gentle slope west of the area within the building envelope. Avalanche: The subject property is about 1,000 feet Crom potentially dangerous avalanche areas. There are no obvious avalanche tracks directly across the creek from the property. The avalanche danger on the property is very low. • Rockfalls The properly is not subject to rockfall. :• Debris Flow: There are no majorgullies from which debris flows might transect or enter the property. The building envelope has been located to avoid the gully below the spring on the property. Comments were received ftom Karen Berry of the Colorado Geological Survey. Ms. Berry has indicated that cut and fill slopes maybe prone to instability and that a small portion of the site, outside of the building envelope, contains a landslide. Ms. Berry has indicated that the County should require grading, erosion, and sediment plans for construction of building pads and roads before site disturbance. The plans should also include provisions for permanent revegetation of the site. Ms. Berry has also noted that if the grading plans show cuts and/or fills greater than 5 feet in height, the Countyshould required that the soils and foundation investigation include an evaluation of the stability of cuts and fills shown on the grading plans. The grading plans should, be done by a registered professional engineer and the evaluation of cut and fill slopes should be done by a geotechnical engineer. Slo es: Tlie proposed building envelope contains slopes less than I S%. There is a small area of slopes 30% and greater within the proposed access envelope identified on the site plan. The proposed location of the driveway is in the most logical and practical location for access off of Conundrum Creek Road. Along the north boundary of the property, Conundrum Creek Road creates a steep bank and is ]east severe at the UQt,+~ E ~~""", ._ Lewis 1041 Hazard Review, Conceptual Submission, & Special Review December ] 8, 2001 T_ _._ " point where the access is proposed. It is staff opinion,'that the encroachment on 30% slopes for the driveway is a minor change in the slope due to the presence of a natural and man-made change in the gradient of a continuous slope and should be exempted from the 30% prohibition. - CONCEPTUAL SUBMISSION Water: Water will be provided by a well. The well shall be located within the approved building envelope. Proof of adequate quantity and quality of water shall be provided to the Environmental Health Department prior to submission of an ISDS permit for the parcel. Sewer: The properly will be serviced by an individual wastewater disposal system (ISDS) to be located within the approved building envelope. Aseptic system permit is required by the Environmental Health Department prior to the issuance of any building permits. Drainage and Erosion: The Applicant shall submit a Drainage and Erosion Control Plan to be reviewed and approved by the County Engineer. Utilities: Electric and telephone service is available to the site. Propane gas will be used for heat. Utilities lines shall be under-grounded. Access: Access to the property is via Castle Creek Road to Conundrum Creek Road. The Applicant is proposing a 25-foot wide access envelope. The Applicant will need to apply for aAccess/Driveway Development Permit before the issuance of abuilding permit. Fire: Comments were received from the Aspen Fire Department. The Applicant shall comply with the District's requirements. CARETAKER DWELLING UNIT (CDIl): The following is a review and analysis of the proposal relative to the applicable standards of Section 3- 150-130(B) ofthe Land Use Code. The Community Development Director may permit a CDU up to 700 net livable square feet in the AFR-10 zone district under the following conditions and limitations: 1. The floor area of the caretaker unit shall be included in the total allowed floor area for the lot or parcel ofkmd Response: The total floor area of the principal and caretaker unit shall not exceed the allowable FAR of the zone district which is 5,750 square feet pursuant to Ordinance 23-2006, without appropriate incentives. ?. There shall be provided one off-street parking space for each bedroom within the principal dwelling and one off-street parking space for each bedroom in the caretaker unit. ` oQ~0.1: ~ d F"_V ] ~ Lewis 1041 Hazard Review, Conceptual Submission, & Special Review December 18, 2001 n___ n Response: The Applicant has indicated that they will provide adequate parking for the caretaker dwelling unit and the principal residential unit once constructed. 3. The applicant shall deed restrict tlae unit to comply with the caretaker unit deed restriction pursuant to Section 3-I.i0-130(B) of the Land Use Code. Response: The Applicant agrees to deed restrict the caretaker dwelling unit in accordance with County regulations. 4. The dwelling unit deed restriction may only be removed upon approval by the Community Development Director, subject to the requirement that the dwelling is removed or modified Response: The Applicant agrees to comply. S' SPECIAL REVIEW: A caretaker dwe]ling unit is listed as a special review use in the AFR-10 zone district, and therefore must comply with the special review standards in Section 3-210 of the Land Use Code. These standards require that: A. The use is consistent with applicable master plans, County Land Use policies, the intent of the zone district; and the character of the surrounding area. Response: There are no applicable master plans for the Conundrum Creek area. The use is consistent with County Land Use policies and the intent of the zone district. CDU approvals on surrounding properties have been denied in the recent past. However, according to the geologic report provided with this application, the subject property lies outside of potemial geologic hazards that were addressed previously in this memorandum. B. The location, size, design and operating characteristics of the use are in harmony with the surrounding area and minimize adverse effects. Response: The Applicant is requesting approval of an attached CDU which will be located above an attached garage. The Applicant has not provided architectural drawings of the unit, however, staff assumes that since the CDU will be attached, it will consist of the same exterior materials as that of the primary residence. C Adequate public facilities and services are available. -~ OOOG1? Lewis 1041 Hazard Review, Conceptual Submission, & Special Review December 18, ?001 Page 5 Response: All necessary public facilities and services are available to the CDU. If the CDU is approved, w_ the Applicant should verify with the Envirpnmental_Health Department that the existing septic system could accommodate the increased demands of the CDU. D. The proposed development will not materially endanger the public health, safet)t or welfare; and substantially injure the value of adjoining or abutting property. p old not have any impact on the public health, safety or welfare. In addition, the Res onset The CDU sho CDU should not substantially injure the value of adjoining or abutting properties. E. Limitatio77 of Approval: The Special Review ofCDUs shall be exempt from the limitations of Approval and time limits standards. Response: CDUs are exempt from limitations of approval and Yime limit standards. - OTHER There is an existing yurt on the property, which is currently occupied. This yurt will need to be removed prior to the submittal for any building permit applications. In addition; the ocoiapation of the yurt sliall cease since the yurt is located within a geologic hazard area. The existing one-story storage building adjacent to the yurt shall also be removed since it is located outside ofthe proposed building envelope. Finally, if a teepee is installed on the wooden teepee pad within the proposed building envelope in the future, it shall not be used as a habitable structure. STAFF'S RECOMMENDATION: Staff recommends that the Hearing Officer approve the Lewis 1041 Hazard Review, Conceptual Submission and Special Review, subject to the conditions in the attached Hearing Officer Determination. ATTACHMENTS: 1. Draft Determinatiou 2. Colorado State Forest Service. 3. Wildlife Biologist 4. Division of Wildlife 5. Colorado Geological Survey 6. Housing Office 7. Zoning 8. Aspen Fire Protection District Application yid site plan submitted separately. *MS Pregl has a Manors in Grban Planning Erom the Universiry of W isconsimMihvaukee Ms. Pregl has been working with Pitkin County Community Development Department as a Plnnner for 4 yeah ®~~~1n m; ~.~ Colc~~~te FOREST November 29, 2001 SERVICE State Services Building Tamara Pregl 2zz s. stn street, Room 416 Grand Junction, Colorado SI501 Aspen/Pitkin Community Development Department Telephone: (970) 248-7325 130 South Galena St. Aspen, CO 81611 Re: Lewis 1041 Wildfire Hazard Review Tamara, I visited the site with Glen Horn the owner's representative and yourself on November 12tH ,~ _ _:. _ ..: i~ ., c -.,,. , n,,,.. .i.. n ~ . ^~^d o?'eSci by ii icrc"~ iS a r~i.egi led is'~ Access tv ulo alto wily bo irviii the vv~~ianV~um i,reer: ~va ~ driveway. The proposed driveway on the survey shows a perpendicular orientation to the Conundrum Creek road. This is desirable for emergency vehicle access. The envelope has a north aspect with a slope of 10%. The vegetation within the envelope is primarily grass and aspen. I would rate the wildfire hazard for the envelope as low. There is a dense stand of Engeimann spruce and subalpine fir adjacent to the east side boundary of the envelope that would carry a severe wildfire hazard rating. If possible move any future structure at least'~5 feet from this stand of trees. If that is not possible the owner will need to do defensible space thinning into that conifer stand, My recommendations to mitigate the wildfire hazard and create a defensible space are as follows. 1. For a distance of 15 feet around all structures establish and maintain vegetation at 6 inches or less. This can be accomplished with mowed grass, low growing perennials or some type of hard scape (e.g., sidewalk, pavers, rock mulch). Woody vegetation should not be planted within this perimeter. In addition flammable material (e.g., firewood) should not be stored here. 2. For a distance of 100 #eet in every direction thin existing conifers so that there is 10 foot spacing between trees measured from the outside edge of the lower branches. The lower limbs of all remaining trees within the 100 foot perimeter should be removed up a height of 1 U ieef or half :hc filial I-teFgl it :if a ie piani JJiiiGli2V2r ES Bust tv u~'i7r^F~ rc^ai6 Ia~dL'r f~~elg 3. All standing dead aspen or deadfall within the 100-foot perimeter should be removed. Thank you for the opportunity to review this application. Feel free to call me with any questions. Sir~rcerely, Vince Urbina Assistant District Forester Cc: Ed Van Walraven Glen Horn 13 Lr'is '.: s...: ~~ ~~ e~er~ C0lv~9UfJt~y~1!~ U`id°A4ENr _ _~_ __ _ _ ...ti_,~., .. _M~„ _~ .~ ~_ .. W,.-, - ,-..~ .,. PITKIN COUNTY WILDLIFE 8a NATURAL RESOURCE ECOLOGY ~- ,_ .~ . ...._ ~. a ~.m ~ w,.~. .,.~.<<. ~,~ y~.~ ,,,,.a .,~ TO: Tamara Pregl, Community Development FROM: Jonathan Lowsky, Wildlife Biologist SUBJECT: Lewis 1041 Hazard Review And Conceptual Submission DATE: 11/27/01 Parce12911-023-00-020 owned by Robert Lewis and located above the confluence of Castle and Conundrum Creeks does not contain any mapped or field verified mule deer, bighorn sheep, or elk critical winter habitats.. The parcel does, however, lie within an active elk migration .pattern that follows the Conundrum Creek drainage. The most significant ecological communities of this property are the aspen stands dominating the alluvial fan on the east side of the property and the mixed aspen-conifer forest stands at the northern, boundary of the property adjacent to Conundrum Creek Road and on a steep slope adjacent to the boundary with the White River National Forest. The proposed building envelope predominantly consists of meadow grasses with some small shrubs and young aspen suckers. I observed low densities. of elk scat and a moderate level of browse and aspen barking on the property. The proposed building envelope is in the southwest corner of the parcel and outside of important habitat areas. The property occupies high quality black bear habitat and the residences on Conundrum Creek, Road have a history of human-black bear conflicts. Given the above information, the following conditions will reduce the impacts of the proposed development on ecological communities: 1. Dogs should be kenneled as per §3-80.80(D)(2) of the Pitkin County Land Use Code. 2. Fencing outside the building envelope should be prohibited. 3. Native vegetation must be maintained outside the building envelope as per Section 3- 80.80(A)(3). 76 SERVICE CENTER ROAD ASPEN, CO 81611 '(fie f(~~~~~~ PHONE: 970.920 5395 • FAX: 970.920 5374 yJ V Sf 4. Any vegetation altered for an access road, utility line or similar use must be replaced with vegetation equal in type and quantity to that being removed according to a mitigation plan approved by the County Wildlife Biologist as per §3=80:80(A)(4) of the Pitkin County Land Use Code. 5. Installation and use approved of bear-proof trash containers should be required as per the 2001 Wildlife Protection Ordinance,,. Verification of this condition should be required before issuance of a certificate of occupancy. 6. Fruit-bearing trees and shrubs should be avoided in. any landscaping due to the high level of black bear activity in this area. 7. Landscaping should include vegetational screening of the north side of the building envelope to minimize the effects of increased human activity on wintering elk. 8. An orange safety fence should be required around the building site to prevent any unnecessary vegetation disturbance during construction. 9. Tall, overly mature and standing dead aspen should be retained whenever possible as nesting and roosting habitat for woodpeckers, raptors, and cavity nesting songbirds such as nuthatches as per §3-80.080(A)(13) of the Pitkin County Land Use Code. ~~,~ sTgT~ o~ ct3~.nRgnQ Blaifv/ens, DEPARTNIEtdT t3F tdATURAL RESOURCES D1V15I~?N +DF W#LULIFE AN ERUAL OPPORTUNITY EMPLOYER Russel! 9e, t3irector. fiC3G~3$ruadwaY C3enver, L'ploYado 116 Teleph6Tia: t~ 29'1.1192 ii~i~(3i ~~tlin County Co'mTnunity I)eualopmgnt. l~fl a: galena, aspen, CLA ~1Gi 1L~: i:awis iii liar Tamara; ~~~ NOV d 5 2001 A:iWEN It7EUEL~IENT s~~l' id??1rtT~e_ FPT Peoyl~ Ths 3_.eu~s parcel xn Canundn}zv L;'real: daes??at ha within any mapped big game winter ranges Multi ,. . deer and elic do migrate dawn. the valley to other wmtex tinges and could cross the paz~el. Mule deer and.. elk_ do use the papcel as evidemceil by their "tracks`and dr9ppvags,'~ut th~'~ss is~minmal. $i~ack bear iilhabat the area. and humanlhear eonfliets do ogcur. The following will minimize any smpacts to wildlife; i. ~ainiairi'riatlve ~egetatian outside of building envelope. ?. no mere ti? 2 dogs'~vith a kennelregtsictiofs; kenn_ei_ba Censt,acted before the C:Q. is isstaed ~. Maintain at least 2-5 dead snagslacre fox cavity nesters, 4. .Any h_as~es be kept within budding en?velopa; all horse hay be fenced at owners' ensa with $' high mesh fencing. _ _ ., , ._ .,. , ,. 5 _ AU_ feiscing meet fence cads. The a1d barbed wire f_anca ba removed =: 5, Ali trash lie inept in approved bear goof garbage contalnexs. l would encourage the use of a txasl? compactor in. the henna to help reduce the amount of trash as an. attractant.. i would also strongly encourage the home design to include a coaling zuetitad other than open windows. ,. said dvw's, as tlv~ is tlae way bears usaaaily enter iaoanes - through. screen windows and doors. if this is n~t'a year rouu~ residence, the home design should include same sort of waodea shutters fox the lower level windows which can be closed and. secured when the home is unoccupied. The use of lever handled deal iaaabs should be strongly discouraged far tkae exta1?er side ef'all_IQwar jevai doors ?. Any disturbed areas be revegetated with native vegetation with implementaiian of a weed; inaaiag€msni pm~ram,< °., ...: , ,: ~; • ~-.,•,. •.,x~ ~ ~. - _ ~ ~~ .._ t ~. " _..r. _ 13E#3ARTRfiENTt7F13ATtiRAt R`ES ~.ys,n.~~le~~lo'i~ ;,Secretary ~, ., ~ (~ ((9~ry; '~ 7~»hers,Beenerd Biaatc.Trxn Broke+Phip James. Brad Phdpa .OF±e Yaldez t. . ?, 3_'hasik yc>u fer the 8ppoitttnity tQ ~Qmment, if yota have auy questiesss, pease Siv? m~ a ca3~, "iinc _ Y> G K . __ ~~ - ~istr~ct 4V' Manxgex As~se~s lSt~rZ COLORADO CEOLOGICALSURVEY Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 715 Denver, Colorado 80203 Phone: (303)866-2611 FAX: (303) 866-2461 November 5, 2001 bill Owens Governor Greg E. Walther Ms. Tan12ra Pregl Executive Director Aspen/Pitkin Community Development Department Michael B. Long 130 South Galena Street Division Director CO 81611 Aspen Vicki Cowan , (Fax 970.920.5439) ,. State Geologist and Director Re: Lewis 1041 Hazard Review, CGS PI-02-0002 Deaz Ms. Pregl: Thank you for the submittal of plans for the above referenced proposal. The proposal is for the construction of asingle-family residence on approximately 7.7 acres. The site is adjacent to Conundrum Creek Road and contains slopes that range from 10 to 40 percent. The site is also heavily vegetated, primarily with trees. According to the preliminary geologic report, done by Bruce Bryant and dated August 6, 2001, the site does not contain any geologic hazards that would prevent development. However, the report does indicate that cut and fill slopes maybe prone to instability and that a small portion of the site, outside the building envelope, contains a landslide. The Natural Resources Conservation Service "Soil Survey of the Aspen-Gypsum Area" ends just north of the site. However, it appears that the site contains soils of similar types. The survey indicates that soils derived from alluvial fan materials have a moderate erosion hazard on slopes of 10 to 25 percent. It would be prudent for the county to require grading, erosion, and sediment control plans for construction of buildings pads and roads before site disturbance. The plans should also include provisions for permanent revegetation of the site. If the grading plans show cuts and/or fills greater than five feet in height, the county should ask that the soils and foundation investigation include an evaluatoh of the stability of cut and fills shown on the grading plans. The grading plans should be done by a registered professional engineer and the evaluation of cut and fills slopes should be done by a geotechnical engineer. If you have any questions or need additional infoxtnation, please contact me. I can be reached at 303.894- 2080 or by email at kazen.betry(cl~state.co.us. Sincerely, ___ KarenA.Berry.. '., ;, .._. .. ~ .', , Geological Engineer,. P.G., CPESC, AICP IREGEII~EA NOV 0 9 2001 ,n f~ 4 A ~- .. y A6P~NDLb~ENT bMfJlUhl~+' - -°-- ~- NOV. 7.2001 3~40PM ASPEN HOUSING OFC N0.959 P.1 MEMORANDUM TOs Tamara Pregl, Community Development Department FROM: Cindy Christensen, Housing Office pATE: November 5, 2001 RE: 4EWI51041, ETC, AND CDU REVIEW Pares) ID No. 2911.023-00-020; pi5101 ~: The applicant is requesting approval to construct a earctnker dwelling unit. A~TAKLR DWELLING UNlTs According to Section 9-110-041, Cat+es'+okep Ow~!li-~g l/nl'rs, the Board "ofr Couniy Cosnreslsss~ionsr3 sr° fihe Community Qevelopment Director mny approve Caretaker Dwelling Units under the follouring conditions: 1. The unit does not exceed 70Q square feet of floor area. 2. Total floor area of thg principal and caretaker unit does;, not exceed the allowable FAR, 3. One off-street,parking space is provided.. 4. A dead restriction is planed on the unit. RLCOMM ~,~TYONs Tf the applicant wants to provide a CDU, Staff has no problem approving the request as long as tiie"following eoisditions are met i. Conditions i through 4 stated above are met. 2, Ths kitchen contains at least atwo-bstrner stove with oven, standard sink, and at ,_r _ ,.._. . , r.,._, _ . _. , least a 6-cubic foot refrigerator plug freezer. 3. Floor plans of the caretaker dwelling unit are provided prior to issuance of a building permit. 4. The deed. restriction„shall be recorded prior to issuance of a building permit. 5. Upon completion of the unit, but prior to Certificate of Occupancy, staff may conduct an inspes:tion of the unit for compliance. nn nn, r~f1 U~;~ .. _ ,.. ..~_., v ,,. ...~», .... ., ~. _no... ,a .ka.-,..i.~..t:~,v~..T~Sk.~'u'Ii.+..~;xS=,wS~~'sk ''+seFnw~?f]"~.e'.t~n°"F+*3 ~ e ="~d~~'s~'9 1 y Joanna Schaffner, 11:54 AM 10/18/01 -0600, Lewis 1041 Hazard Review, Conceptual Submission and ,Special X-Sender: joannas@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Thu, 18 Oct 2001 11:54:15 -0600 To: tamara Pregl <tamarap@ci.aspen.co.us> From: Joanna Schaffner <joannas@ci.aspen.co.us> Subject: Lewis 1041 Hazard Review, Conceptual Submission and Special Review for a CDU I have reviewed the above referenced application and offer the following comments. 1. The survey currently indicates that a yurt and a teepee are located on the properly. How are these being used? Are they used as dwellings? Are they proposed to be removed? 2. Is the yurt located within the "alluvial fan and debris flow area on, the, east side of the property"? 3. The 50 foot front yard setback should be measured from the west lot line. There is a 100 foot- Major Road setback measured off of the Castle Creek Road right-of-way. The building envelope lies within both of these setbacks. 4. The 30 inch rule applies for development within any required setback. It appears that the driveway may require a variance from the Board of Adjustment. 5. The existing storage building appears to lie within the 20 foot stream setback. Will the storage building be removed? 6. What is the relationship between the creek and the proposed building envelope? Printed for Tamara Pregl <tamarap(c~co.pitkin.cous> p0002.~ ,:;~> Gnu"~~a a°3Gfa~~~'~~ ~/ Date: 11 /5/2001 Tw Tamara Pregl, Community Development Department Frorm Ed Van Walraven RE Lewis PID #22911-02300-020; Case #151-01 Tamara, This project shall meet all of the erodes and requirements of the Aspen Fire Protection District. This indudes but is not limited to: the installation, of, an approved fire sprinkler system, adequate water supple, fire department apparatus access, and provisions for the fuming around of fire department apparatus. Please have the applicant contact the Fire Marshal's l>ffce directly for specifications on the above requirements. Please contact me is you have any comments or concerns. nk yo~ d 11/5/2001 UOOU22 Lewis 1041 Hazard Review December 10, 2001 To: Lance Clark, Pitkin County Planning & Development From: Marta Steinmetz 0761 Conundrum Creek Road Aspen, Colorado 970-925-7663 Please submit the following with the 1041 Review -submission packet. Conundrum Creek Road runs through a section of the Lewis and Steinmetz properties which is the steepest section of the entire road. It is also the narrowest section and the only section with a long, dangerous drop-off bank. The current driveway, as well as the proposed new driveway of the Lewis application, enters from the top of this section of Conundrum Creek Road. BACKGROUND !HISTORY Within the last 3-5 years, a girl rolled her car off the road, totaling her vehicle, while attempting to let another vehicle pass. Fortunately, she was not seriously injured. Within the same time frame, the Columbia Propane tanker truck took a slide down the hill ending up in a tree at the bottom. Fortunately no one was on that narrow stretch of the road with the tanker. Again we are very fortunate that the tanker did not explode. Another vehicle was stuck half way up the hill and some fellows helped get it unstuck. When they got the car unstuck, the vehicle slid off the side of Conundrum Creek Road , smashing the passenger side of an unoccupied vehicle in the Steinmetz driveway. Over the years there have been many similar occurrences, of vehicles sliding off the STEEP NARROW HILL, that never got reported because the neighbors would pitch in and help them get out or they would end up in the Steinmetz driveway and just drive away. One of the caretakers for the Lewis property has gone off the road and into the Steinmetz property at least six times. ~~~~Y~ Lewis 1041 Hazard Review Pitkin County put in a log cribbing to try to reinforce the Steinmetz /Farver side of the Conundrum Narrows in the last 3-5 yeazs SUGGESTIONS The Lewis Entrance should be relocated to the foot of the steep hill (see note) to distribute the traffic more evenly and avoid the STEEP HILL. Traffic to and from the Upper Steinmetz property, the Wampold property and other neighbors plus all the YEAR ROUND TRAFFIC to the USFS/Conundrum Hot Springs is more than enough TRAFFIC for that STEEP STRETCH of Conundrum Road without adding new vehicle trips to and from the proposed Lewis development. • Note: There are still remnants of the old road the Crosby Family used to access their hay fields. It appears to run through the big trees ending up in the proposed Lewis Building Envelope. • Lewis has a revocable entrance easement with Steinmetz. The discussion at the time of signing of this document was as follows: It was made revocable because in the event Lewis decided to develop his 7.94 acres he would relocate his entrance to the foot of the hill on Conundrum Rd on the left side just past the Steinmetz driveway of 0761 Conundrum. • There are 3 major benefits gained by this relocation of the Lewis entrance: 1. Placing the Lewis entrance at the foot of the hill provides EXCLUSIVITY for both the Lewis and the Steinmetz Parcels, which increases the value of both. 2. The DANGEROUSLY STEEP & NAIiIt6W section of Conundrum Rd, between the Steinmetz (0761) and Wampold (1053) entrances will be totally avoided. 3. Tt will create less traffic on the STEEP HILL. Some SAFETY ENHANCING suggestions re the STEEP & NARROW part of Conundrum Rd. that runs between the Steinmetz and Lewis properties. First: The road should be widened. Second: The road should be banked away from the edge. Third: The road should be ditched on the uphill side to cut down on the erosion of the Steinmetz/Farver Parcels. ~UIJtiG'2 ., ., ,. _ _ Lewis 1041 Hazard Review ~~ °' The County wanted to widen this section of Conundrum Rd but Lewis objected so it never was done. The only repeat offender has been the caretaker of Lewis, named Razame de la Crackers, who has slid into the Steinmetz driveway at least a half a dozen times or more during the' last 20 or 30 years. 0000; Glenn Horn, 11:12 AM 11/18/2004Lewis Conundrum Creek 1041 Land Use Review Page 1 of 1 ~.~., Date: Thu, 18 Nov 2004 11:12:43 -0700 From: Glenn Horn <ghorn@ro£net> User-Agent: Mozilla/5.0 (Windows; U; Windows NT 5.0; en-US; rv:1.4) Gecko/20030624 Netscape/7 (~) X-Accept-Language: en-us, en To: suzannew <suzannew@ci.aspen.co.us> Subject: Lewis Conundrum Creek 1041 Land Use Review X-Spam: [F=0.0001662433; B=0.500(0); HS=0.500(-5800); 5=0.010; MH=0.500(2004111802); R=0.016(s709/n43090)] X-MAIL-FROM: <ghorn@ro£net> X-SOURCE-IP: [204.127.198.39] X-MailScanner-Information: Please contact the ISP for more information _ _ _ X-MailScanner: Found to be clean Suzanne: I am sending this message on Thursday after your vacation departure date. I hope that you had a good trip. There is a dog prohibition in the original Lewis approval. Bob Lewis requested the dog prohibition condition. Now, he is requesting the condition be removed. There is a potential buyer for the property. The buyer probably does not want the condition. There is a referral letter from the County Wildlife Biologist in the file. I don't think this is a critical deer and elk area. Please consider changing the dog condition. Thanks. Glenn. 000020 Printed for Suzanne Wolff <suzannew@co.pitkin.co.us> 11/30/2004 +.. .. r.: DavsaHorn~• PLANNING & READ ES°`(AT~ CONSULTING November 5, 2004 Suzanne Wolff AICP Aspen-Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Lewis Conundrum Creek: 1041 Environmental Hazard Review Dear Suzanne: Davis Horn Incorporated represents Katie Etienne and Bob Lewis paprcelke(29)11 1023 g100n 020)pproPitkinr Co ntyL gra ted the existing approvals for the site pursuant to Determination N0. 048 2001 (see ,.. Attachment 1). Attachment 2 is a copy of the existing approved 1041 Site Plan. The applicant is proposing a minor modification to the access envelope as depicted on the proposed 1041 Site Plan (see Attachment 3). All other components of the prior land use, application remain the same. ATTACHMENT INDEX The following is a list of attachments: Attachment 1 - Determination of the Hearing Officer of Pitkin County, Colorado Granting Approval of the Robert Lewis 1041 Hazard Review, ~.., Conceptual Submission and Special Review Attachment 2 - Approved Lewis 1.041 Review Site Plan; Attachment 3 - Amended Lewis 1041 Review Site .Plan; Attachment 4 - Proof of Ownership; Attachment 5 - List of Adjacent Property Owners; Attachment 6 - Fee Agreement; Attachment 7 - Pre-application Summary Sheet Attachment 8 - Letter from Katie Etienne; and ALICE DAMS, AICP S GLENN HORN,. AICP 215 SOUTH MONARCH ST. SUITE 104 ASPEN, COLORADO 81617 • 970/925-6587 • FAX: 970/925-5180 OOU02'7 -,.,, ~........a.; ae..., .:r... ~ .....,. t:~u...r#,s..-~.,..i~r~:e,~m~t+~'si4wa~'+~„s,:'.z~«`~ '."~"' .~" Attachment 9 - General Durable Power of Attorney authorizing Katie Etienne to represent Bob Lewis SSJMMARY Thank you for assisting me in preparing this application give me a call if you have any questions. Sincerely, DAVIS HORN INCORPORATED GL HORN AICP Lewis.6 OOGU25 Please ,. +..:., „++ ~*lsuc~ ..w,.. 7f~ x~3eK~~ ~^4:C1" a.'~sdi~c"c', ax'. Y^i ,~ '~~~a DETCRMINATIQN OF THE HEARING OFFICER OF PITKiN COUNTY, COLORADO, GRANTING APPROVAL OF THE ROBF,I2T LEWIS 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION, AND SPECIAL REVIEW Determination No.a'(g2001 RECITALS 1. Robert Lewis ("Applicant") has applied to the Pitkin County Hearing Officer for 1041 Hazard Review and Conceptual Submission to establish a building envelope for the construction of a singlafamily residence and accessory uses. In addition, the Applicant has applied for Special Review approval for an attached or detached Caretaker Dwelling. Unit. 2. The property is located in the Castle Creek Valley off of Conundrum Creek Road, and is more specifically described in Exhibit A. 3. The property is zoned AFR-10. The property contains approximately7.69 acres and is non- conforming in size. 4. The Hearing Officer, at a duly noticed public heazing on December 18, 2001, reviewed this application, and at which time evidence and testimony were presented with respect to this application. 5. The Hearing Officer finds that this application proposes development in the best possible location, given the hazards identified on the property. 6. The Hearing Officer has determined that the proposed caretaker dwelling unit meets the standazds established in the Land Use Code. The Applicant proposes to deed restrict Elie proposed cazetaker dwelling unit. NOW THEREFORE BE IT RESOLVEDby the Pitkin County Heazing Officer that he does hereb rant a royal to the Robert Lewis 1041 Hazard Review. Conce tua Reviewor an attached or detached caretaker dwelling unit, subject to the followin 1 conditiods pedal g ,which shall run with the land andbe binding on all successors in interest: The Applicant shall adhere to all material representations made in the application and public meetings. 2. Prior to submittal of any building permit applications, the Applicant shall record a 24 x 36 inch mylar 1041 Hazard Review Site Plan in accordance to Section 5-'~0-Oab of the Land Use'Code. The site plan shall also be submitted in a digital format for infeoratiori into the County Geographic Information System (GIS). The'site plan shall be amended as follows: A. That portion of the eastern boundary of the building envelope that is adjacent to the dense Engelmann spruce stand shall be amended to maintain an approximate 7S foot setback from the spruce stand. B. The size of-the envelope may be increased to a total of 1.0 acre (including replacement area for the reduction noted above), in a location to be approved by the Community Development Department. C. Increase the width of the access easement to 3 S feet. D. Delineate an "alternative access envelope" from the southwestern boundary to the building envelope. Include a note on the site plan that ally one of the access envelopes shall be utilized and the other shall be abafidoned, depending on the outcome of negotiations with the neighbor to accommodate the alternative access. Uelerminu[iun No.~-200/` Page 2 Wildfire mitigation shall be as follows: A. Defensible Space: ,< ' .`_ 1) The area around all structures shall incorporate landscaping with wildfire defensible space considerations as follows (NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): a) Brush, debris, and non-ornamental vegetation shall be removed within a minimum 75-foot perimeter around all structures. Vegetation in this area shall be at 6" or less (i.e. mowed grass, low-growing perelinials). No vegetation taller than 6" shall be planted in this area. Any combination of mulch, hardscape (i.e. sidewalks, stones, etc.) may be utilized. b) For a distance of 100 feet in every direction, existing conifers shall be thinned so that there is a 10-foot spacing between trees measured from the outside edge of the lower branches. The.lower limbs of all remaining trees within the 100-foot perimeter should be removed to a height of 10 feet or half the total height of the plant whichever isleast to eliminate ladder fuels. c) All deadfall and standing dead within 100 feet of structures shall be removed. d) The Applicant shall be responsible. for the continued maintenance of the defensible space vegetation requirements. B. Structural Design and Construction Requirements: 1) Roofs shall have anon-combustible roof covering on a Class A assembly. Wood shake/shingle roof covering are prohibited in all wildfire Hazard areas. Roofs with less than 3:12 pitch are not permitted in 1041 Wildfire Areas unless they comply with the following: a) All 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 assemble. b) Al] roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. c) All roof design shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited d) Roofs shall be installed as required by UBC 1997Chapter 15 and shall have a minimum slope of ]:48. e) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. o ~ L ~ ~, ~ I~'lll VIII IIII~) (III ~IIII (I'II) III~II Il illy loll loll a 62892 ea aaa SILVIR D'RVIS PITK'IN COUNTY CO- ~R"0.00 D 0.00 De[erminu[ion Nu~g-2(1(I/ Puge 3 2) All vents shall be screened with corrosive resistant wire mesh of one quarter inch maximum. C. Maintenance: ]) Roofs and gutters shall be kept clear of debris. 2) Yards shall be kept clear of all litter, slash, and flammable debris. 3) All flammable materials (including firewoodlwood piles) shall be stored on a parallel contour a minimum of 1 S feet away from any structure. Firewood/wood piles shall be stacked on a parallel contour a minimum of 75 feet away from all structures. D. Miscellaneous: ]) Swimming pools shall be accessible to Fire Department vehicles. 2) Fences shall be kept cleaz of brush and debris. 3) Wood fences shall not be connected to the structure. 4) Fuel tanks shall be installed underground with an approved container. 5) Each stmeture shall have a minimum of one 10 ]b. ABC fire extinguisher. 6) Addresses shall be cleazly marked and visible with minimum 2" norrcombusfible letters and shall be clearly visible at the primary point of access from the public or common accessroad and installed on anon-combustible post. 7) Any outbuildings or additional buildings shall adhere to the same standards as structures. E. Utilities: I) Utility lines shat] be buried. 4. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, construction pazking or staging aril vegetation removal or disturbance shall occur outside of the a roved buildin or access envelo es unless othe such as necessary wildfire mitigation. Utility extension and main~tse specified in this document, tenance sliall occur within the approved building and/or access envelope, except to extend a water line from the well to the building envelope if the well is located outside of the building envelope. 5. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of t11e project's completion. 6. The Applicant shall comply with the following wildlife mitigation: A. Dogs shall be prohibited. ((~~ ~~+, 462892 U U U ~: ~. II~~IIIIIIII ~IIII~IIII III~I II~III~II~IIIII ~~I~I III IIII 0 01 / 15/2 00 00 3 :54P SILVIR DRVIS PITKIN Determination Nii. ~20(ll "= r '-- _ _._. /'uge 4 B. All waste storage shall comply with Wildlife Protection Ordinance No. 010-2001. Prior to Certificate of Occupancy, compliance with the ordinance shalt be verified. C. Fencing outside of the building envelope is prohibited. D. Native vegetation shall be preserved outside of the building and access envelopes, with the exception o!'any thinning and spacing required to accommodate wildfire mitigation. Tall, overly mature and standing dead aspen shall be retained whenever possible as nesting and roosting habitat for woodpeckers, raptors, and cavity nesting songbirds such as nuthatchers as per section 3-80-080(A)(13) of the Land Use Code. E. Any vegetation altered for an access road, utility line of similar use must be replaced with vegetation equal in type and quantity to that being removed according to a mitigation plan approved by the County Wildlife Biologist pursuant to section 3-80-080(A)(4) of the Pitkn _ _ County Land use Code. F. Fruit-bearing trees and shrubs should be avoided in any landscaping. G. Landscaping shall include vegetational screening of the north side of the building envelope to minimize the effects of increased human activity on wintering elk. 7. Prior to the issuance of any building permits, the Applicant shall obtain a septic permit from the Environmental Health Department. All sewage disposal systems must be designed by a registered professional engineer. Sewage disposal system shall be located within the approved building envelope. 8. Prior to the issuance of any building permits, the Applicant shall provide documentation of an adequate domestic water supply on the property. Quantity and' quality of said supply shall meet the approval of the Environmental Health Department. The well shall be located within the approved building envelope or outside of the envelope in a7ocation approved by the Community Development and Environmental Health Departments. 9. A fireplace/woodstove application must be filed and approved by the ComnunityDevelopment Department prior to the issuance of a building permit. 10. The Applicant shall comply with all codes and requirements of the Aspen Fire Protection District. I I . The Applicant shall submit a Drainage and Erosion Control Plan to the County Engineer for review and approval, prior to the submittal for any building permits. The plan shall address the management of runoff during construction and afrer construction is complete. 12. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place 6nti1 issuance of cerfifcate of occupancy. 13. Prior to the submittal of any building permits, the Applicant shall obtain an Access/Driveway Development Permit approved by the County'Engineer: The driveway shall comply with County standards in effect at the time of issuance of the permit. [.J ~ ~ ~ ~ ~; Page: 4 of 8 (~ I (~IIII ~IIII IIIIII IIII IIIIII~~I~I I~II~I ~II IIIlI ~I~I III 462892 e3 saP SILVIp DAMS PTTK IN COUNTY CO R 0.00 D 0.00 _,.._ ..~..., .. .~~a. :, , ,.r .. ,~ r . „ Determination No. ~~ 001 "' w , Page S 14. At the time of building permit application submittal, the Applicant shall submit, for review and approval by the County Engineer, a Construction Management Plan iil accordance to the Asset Management Plan. The Construction Management Plan shall. indicate that vehicles associated with construction (i.e. employee traffic, construction vehicles, staging and deliveries) shall not violate County Law, such as parking on County rights-of--way. .. ,+ n ~,^~ i iIIIII ~~lll IIII~1 IIIIIIIIII ~IIT~I~ IIII~I I~I I~I~I IR~t III O 46289 ~eea,; saa ,., ., ~~ Ueterminution No. ~_ UO/ _ - . , ,' ' Puge 6 . 15. The Applicant shall comply with the following standards for development on slopes of greater than ]5%: A. Adequate mechanical support shall be provided for cut slopes. B. Adding water which may decrease scope stability shall be avoided. C. Adding weight to the top of the slope shall be avoided. D. Disturbed slopes must be contoured so that they can be revegetated. E. Steepening of existing slopes shall be avoded.____ F. Cuts, fills, grading and excavation shall be limited to the minimum area needed for construction. 16. A grading plan shall be submitted for review and approval by Community Development and the County Engineer. If the grading plan shows cuts and/or fills aze greater than 5 feet in heiglit, the Applicant shall submit a soils and foundation analysis including an evaluation of the stability of cuts and fills. The grading plan shall be done by a registered professional engineer and the evaluation of the cut and fill slopes should be done by a geotechnical engineer. 17. All lighting shall comply with the regulations of the Land. Use Code. 18. All development must comply with the provisions of the Pitkin County Noxious Weed Management Plan. 19. Floor area shall be limited to 5,750 square feet exempt from growth management. Floor area shall be calculated based on the definition in effect at the time of building permit submittal. 20. Pursuant to Ordinance No. 022-2000, the Applicant is subject to the Fair Shaze Requirements and shall pay a road impact fee as calculated at the time of building permit issuance. 21. Prior to issuance of a Certificate of Occupancy for a new residence, the Applicant shall remove the existing yurt and one-story storage building. The current occupant of the yurt may continue to inhabit the structure until that time, if he acknowledges the risk in writing and waives any liability of the County. If the current occupant vacates the yurt, the yurt shall not be utilized as a'habtable structure until it is removed. 22. The Applicant shall comply with the following standards for the caretaker dwelling unit: A. Prior to the issuance of any building pennits for the unit, the Applicant shall record a deed restriction for the caretaker dwelling unit with the Housing Office. B. Housing Office staff shall inspect the unit prior to issuance of a Certificate of Occupancy. C. The kitchen unit shall contain at least atwo-burner stove with oven, a standard sink, and no less than a 6 cubic foot refrigerator plus freezer. V ti~ ~ ~~ >Y II~I~II~III~~I~IIII~I~I~~II~'~IIII~I~ 0 0 62890 0 3 :54P II~IIII~~III~~I~~~ TKiN COUNTY CO R +. __. a.dNa .M e. -A<Wv5 .rya W~..-t.r 'u: A .e ~u.:.~ ! -. .va Abra6. .a..~~_wvSe.vJ ~°"^~; Determination No. _-2001 .°., Page 7 D. The caretaker dwelling unit shall be limited to 700 net livable square feet as calculated by the Aspen/Pitkin Housing Authority. 23. The Applicant shall ensure that snow from plowing is stored on-site and is not deposited on neighboring property. 24. The Applicant shall negotiate in good faith with the owner of the neighboring property to convert the existing revocable access easement to a permanent easement in order to provide access off of a shared driveway from the southwest, rather than directly off of Conundrum Creek Road. 25. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on December 18, 2004. NOTICE OF PUBLIC HEARING PUBLISHED IlV THE ASPENTIMES ON THE 17n' DAY OF NOVEMBER, 20U1. APPROVED AND ADOPTED ON THE I8TU DAY OF DECEMBER 2001. VESTED RIGHTED NOTICE PUBLISHED ON THE ~ DAY OF , 200 HEARING OFFICER ATTES~Ts/ OF PITKIN COUNTY, COLORADO Administrative Assistant ames R True, ya4~c ~Gt~eOi, HeazingOfficer Date: Dc~, 2L ~ 2ooL APPROVED AS TO FORM: APPR~O~V~ED AST,~O C~O~NTENT: John Ely, Cindy Houben, Cou omey Community Development Du•ector Case #PI51-O1 291102300020 ~?` ~ r O(~j`yli:J .: IIIIIIII~~~IIII~III{IIII~~~IIIItIIIIIIIIIIIIIII,IIILIlIl0 46289 00 3.5<P S~~ w .ti Y..r s. A e,Y.jS A..m my ._. a1u~t b.. A~ wy r. KY:v-,.k[/i SCNF~DUGE A ,,~.~.., . a~cg ~aad~ ~4. Order Number: ooo2as49 _ " ^~ ~, LEGAL t7ESCRlP770N A tract of Sand aitvatedvithin thA bovndarfee of H.E.S. No. 112, in Tovnahip 10 and 1I 3auth~ Range BS West of the 31xth Pri»cipa2 Meridfa» described as follows: Beginning at Corner No. S of said H;.E.S. No. 112; thence SOUth 61 "I J'L1O"West 6!3.10 •feBt; thence Nortil 36°j5'00° East 485.&i Meet; to ante rvorcn 33 va~ w'west 3u'v.3i 'feel to center cfciovn cy Rda6; 4IJQn{i0 I~V('tl! 4J 04I •VV~ y6Dt 10J.i^l" fact OLVng CeritEr Gf Yralll/tj% RGau'> ..~_ ~+a~.h on °~o.n~. °a~t 272" feot aiang toe or .^.: ". v`~:.-.~y^ .^.an.~. ~. .... a....e .... ~~ ~~. . r. the..^~ ??orth •~a°~r6'00° Eest ISS 8S fMat e1^ .....^.te. of ^C:a:a b..ga ng ..y ..; rhan_.., u.,rrn ?ge27.nn~ z'_e~ Io,tiT reat e1a.g ten*_e_~~as row*_y :?osd;. thence Savth 32°26'06^ f_'ast X0.52 feet- ~- t.~:enca South 53 °41'Od" East 67!.78 feet to a pest an the Zing between Corziera 4 and 5 of H.E.S. No. 122; thence south B3°09.00" West 562.20 feat etc»g said tine La the point of beginning. EXCEPTING TNEREFROM that parcel of .band deacribed~in deeq' regorded November 24, 1969 in Book 244 at Page 641 as Reception No. 733D33. Excepting ary portion of the a6ove~describ6d property tying within the Covnty~ 12oad. 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C~. k ~~ ~ q W ~ ~ - -rYDe ~ ! a J ~I~ s OIL ti h I d n h , ~~ y a ~Ti~h I ~t~ ~$Iw~ ~.J ~ R ~ I~ 4 ~ ~~:. ~ ~~~ s ~ ~,. ^t• ~~. 4 N ti ~" ~ gga~ F~ ii.$ "Y ..,~ "~ ti Z `~j O ~ ov ~'~ O u+ c~ ~~ w ~, 3 W 'w~ g o ^ ~ u N Rg~8 Ltl U ~,`, aC d ~; tiw ti ~ ,~ ro o~ ~~ ~~oi ~~ O vl ~ ~ ~ .~Ow~ ~~ ~~ w ~ ry "~ \ ..p q ~ ti ~ ~ $ ~\ ~i~' ~~'~ \1 t ~~~ ~ ~ A, '~~ v ~ O W WI ~," ~ w s III ~ ~ ~i ~O ~ RI ~i!/ ., 1`~~ ,~ ~, ~ , ~~ O Z ~. g>g ~ ^, ~; oE. 8 S eKggk H p ~ SW €n~ k & b~k iPa yy Ny 2 U !yyp N°J~i q8~ s8F $ ~R @ „~~~~ 3 20 $FpWy~ c _~ ~~~~a~W.g ~ $ a"`i 8 ez`R ~w gn~ `~ 8 ~,. ~Z ~ ass~ n gp .~ ~P^+a e: W ~ ~ b g R R'~ a~ ~ V g~ ~g6€~W~g ~ ~ ~ am8~~8~E ~'~ F h cn ^~ = m ~ ppat~g~=s e ~ ~~ `e~s~~g~ ~ ~ ~ ~~~ t~~8~~~~ ~ ~ ~ s &.. `~ ti 3~ ~.~ g y ~~ ~~~ I ~~~ ~ ~ ~ ~ `' ~;~ ~.~~~~ ~a a ~~ a ~ ~a ~~ ~ ~~~~~ ~ ~ 1~.G gg e $ W ~~ ~ W ~~~ a ~ ~ a ~ ~ ~ k ~~~R~ &~ag T ~~ ~ ~~~ ~~ o a ~~~~~ ~ AA C~E'gy~ aF ~ ~ i~£,5 V ~a~ ~W o y ~ ~pa~s~~a ~ °' ~ . > g~~~~~~ L ~ N W qq ~ ~ ~; U g~ i ~ ~i U a ,~QQ' ` ~ § ' / ~0~ $ £ g dcE g" ..an ~ ~i .: rn s ~ ~ ~~~~ ~~ ~ ~ 1 ~ 3 `yg ~~ ~ g <ado~ ~ ~E~~ ti v W~~~ g~ ~ ~ a E a WW Y q` O i ~.4 ~ i~~~'~~~ p ~ R$ ve ~ N2N ~~~~ ~ ~~~a. ~s ~~ y i z Qi oo h ~gE~~§F \x, m o 0 ~ i r~~, ~ q ,~' f ~~~~ ~ ~ ~ ~ / ,. ~~~ / ~ ~~ ~ I ~~ ~ ~ ~~ ~~ ~. ~~ 1 ~y J/ yp N1~01 ~ N ~ ~• S p ~ T I ~t" ON b ~ ~ ~ N i '~ ~ ~~ ~~5~~0~ • ° ~3 Zoo°in ~~j~3 .~ N 1 f1b~1 a D u o.°i..o~~ ~, ~~ 3j b ~ ~~ o~oao Mt_ ~ !. ~ i c~ ~°m ~ . {~~,? N ~. W,;~•=off ` °6~ O ~~ W L N N O ~Ik ~ ~~OV d(J y o'nl. row, ~ W~ ~; °s..cy ~ eg Umun mm°E 2 ~ Wh ~N l> ~1o bMron a 8 ~ J ~ u I a a ~ ~' 0 e ~. a a g ~. ~a ~~ e ~~ huh a ti ,a .p~ ~_ Na a ~ ~ ~$~at€ ~~~ ~ a a ~~~~~ E i ~i~ ~~~~P~k~ . ~rw sis Iar~WY m w'nvnV wma morro'ie w sws ~w~imilw+lercare\rr~la Assessment Information PITKIN COUNTY Tom lssac pitkin County Assessor r~ East Main Street, Suite 202 Aspa~+ (,p+prgado 81611 ~!f ~xG~ ! --. _ ..,~ .. , v .. ~,;_ ,~__ ~ ,. < ,~ . _a_«., ~_~~ ,. Account: R003557 Account Type: 1000 Tax year 2001 Version: 20011232999 Parcel: 291102300020 Area ID; 007 Mill Levy: 25.689000 APR District: Estimated Tax: 1,710.63 Status: A J W z a W U ~ ¢ Zi ai Q Q v na. °~ 3 3 ®~il~ ~V ' ~:, m Za_-_ m +~`'~ f1') -t-~,ccllrv.en~r- ~ ,._ e ~~~ ~~~~ E~ ~8 ~~~~ ~8 ~~~E E~~$ ~~~ ..... ...... ..:. .. .. ..:... ~_., ,.. .., r.> ,.:u;w e.a..,.:: x.us.e,.::.'..w iYwk~,...,.'4+~' S-a >+d...~ti~r,„"Y -t--t-~.,~. r.,.~ /~ ~. ~~-~ LEWIS ROBERT B PO BOX 2190 ASPEN CO 81612 83557 ADJACENT PROPERTY OWNERS: MW III ASPEN LLC WAMPOLD COS 4171 ESSEN LN STE 450 BATON ROUGE LA 70809 83242 291102300022 STEINMETZ MARTA PO BOX 325 ASPEN CO 81612 83901 291102300019 CONUNDRUM RETREATS LLC PO BOX 1188 ASPEN CO 81611 83743 291102300018 HIGHLAND RANCH LTD PO BOX 1152 ' ASPEN CO 81612 83454 291102100011 .. , -- ,: .:: . .. 1,~„ PITKIN COUNTY~`OMMUNITY 1)EVELOPME. r~DEPARTMENT Agreement for Payment of Development Application Fees PITKIN COUNTY (hcrcinaftcr COUNTY) and (hereinafter APPLICANT) AGRGG AS FOLLOWS: ,~1„~._ ~fi` ¢ t 1. APPLICANT has submitted to COUNTY an application for (`.e ~„ 1 ~ S ~ c.j~-{ ~ (hereinafter, THE PROIBCT). 2. APPLICANT understands and agrees that Ptkin County Ordinance No. 058-2001 establishes a fee structure for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and. COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible. at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and COUNTY further agree that it is in the interest of the parties for APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs aze incurred. COUNTY agrees it will 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 the Planning Commission and/or Boazd of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings aze paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT`shall pay an initial deposit in the amount of S "Z 1'1 S' which is for (_? hours of staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay addirional monthly billings to COUNTY to reimburse tfie COTJNTY' for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITIQN COUNTY '-i.. i `S APPLICANT 3~ L.e.,,,J ~ S -+' k~-t-; ,Q ~7-;e nn Q ~/t7 ~ ti v l S ~-l. J f i. ,~L ~IaQ. Cindv Houben Community Development Director EJfecrtve 3~1~02 Print Name G,Ier^ ~Jrn Signature Date: I L I'-i l u~-t' Mailing Address: Z l'S" ~ nt]rtgr S f`tc~nKrC.~ lC1tf n~ c~ ~Sf6rr i vc.F cr1 r Cs_~ ~$~,!< - .. ...~..~o_..a_wti _ .. PITKIN COUNTY PRE-APPLICATION CONFERENCE. SUMMARY _: .. .. .:_,..,,_ M PROJECT: Lewis 1041 Hazard Review, Conceptual $ubriuss~on and Special Review for Caretaker Dwelling Unit' LOCATION: Conundrum Creek Road PID#29 1 1 02300020 OWNER: Robert Lewis REPRESENTATIVE: Glenn Hom DATE: October 29, 2004 PLANNER: Suzanne Wolff, 920-5093 Type of Application: 1041 Hazazd Review, Conceptual Submission and Special Review for Caretaker Dwelling Unit Description of Project/Development: Applicant proposes to re-do the approval for the pazcel granted pursuant to Hearing Officer Determination No. 048-2001. The vested rights expire on December 28, 2004. ` Land Use Code Sections fo address in letter of requestlapplication: • Article 2, Land Use Policies • 3-60, Environmental & Aesthetic Standards • 3-70, Water Resources • 3-80, 1041 Hazazd Review: wildfire, wildlife, geologic • 3-110, hnprovements & Services • 3-210, Special Review • 9-110-041, Cazetaker Dwelling Unit • 9-110-051, GMQS Exemption for pre-1978 parcel Staff will refer to: Mazoon/Castle Creek Caucus Review by: Heazing Officer Public Hearing? YES. 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 and mineral estate 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). The names and addresses shall be those on the curent tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. FEES: $2,175 (make check payable to "Pitkin County Treasurer") - Planning flat fee: $2,150 (non-refundable; based on 10 hours of staff time; if staff review time exceeds 12 hours, the Applicant will be charged for additional time at a rate of $215/hour) - $25 Public notice - $135/hour: Hearing Officer (to be billed after review is completed) To apply, submit 3 copies of the following information, unless noted otherwise: 1. Letter of request, addressing Code Sections listed above; 2. 24" x 36" Site Plan which complies with the provisions of Section 5-70-040 3. Copy of prior approval 4. Parcel description, including legal description and vicinity map 5. Application fee; 6. Proof of ownership; 7. Consent from owners to process application and authorizing the representative (1 copy) 8. Copy of this pre-app form (1 copy) 9. Agreement for Payment form (I copy). 10. List of all adjacent property owners and mineral estate owners (1 copy) NOTES: - PLEASE SUBMIT TWO-SIDED COPIES OF ALL APPLICATION MATERIALS (IF POSSIBLE).. - ALL MAPS SHALL BE FOLDED. .,,.. - This pre-application conference summary is advisory in nature and not. binding on the County. The in ormatton provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. Katie Etienne Poet O!lies 9ox'986 valley Ford, CA 94972 704-876-3518 Lance Clark? AICP Aspen Pitkin Community Development Department 130 Souch Galena Street Aspen, Colorado 8iG 11 Re. Lewis 2041 Environmental Hazazd Review Dear Lance: ATTACI*IENT ~k` ~::..o-~, This letter authorizes Davis Horn Incorporated to Submit a Land use application f.or a property located in Conundrum Creek which is owned by my father, Robert Lewis. Glenn HyYri has my authorization to represent our: fam'ly in the land use review pYCicens. :hank you. Sincerely, Katie E:ti nne :..v ^'; Oii fil 10~A6,9 ~0 G:rlll T~iRRIIdIC N~ Oi hG G 4.~ " ATiACFIAIEAR Q GE\TER ar. T}LTRA$LE PO'~~%ER Off' ATTO€21V.F~ _ ... .... (A.V LA.UUllv (i tSU 3~ltitJtfl.~1~Y UNJD N;IL 1HN_(.'(41 [)HATDn P3"i'IT_+'11'7'A;T7T(17V'l11P'V n~'r T AnhpnA T_e:.„._ .,Fb:,tL:~n,..._,w. C,.t.......x~ a~ _ .q_._._:. it ., ,... .. '... ,_~.,r lee R kl- € e2 t _ ,-.o'._ ~. _ _ ~____ ., . .i.: __ ..._ _ My agent may do everything necessary in my name and £or my benefit which I could uu u s ivcac licicvt,aiiy i7icSCili. anci abAe. i>:. IS my 2III2riLlOp, Iriat tr1Y 8$~EIL ri23P DertOLFT? anv 3CF. and.. exezczse any power, auty; t'i~ltL Cr ObAaQaLlon [lldt 1 Could perform nr'ekQrrl~e Cnrh a,ithnrty ;s Intendea LO TElate 20 anY nerSnn. hrancartinn nr i>ttPraCt i~nnrornan.r wool a+„r nrn..«..r «..a.,..,w., inr3a,rrt»o ,n'IAn4liTts' nrnnrrt,.~ in araete iti n.h nlr 7 „n.:, lacy ,.... ,.a 1 ~ «i ~~ t .. .....,._ A_... _._.. .,._ -.e ~mn ._ Mts-upr.e aa.;v®y....e.._r ~..A1, .'dt a . < ' ii.y -aot,.v .. vl ucv sn...ae.e ue uve .z neg. ux eaa . 1A e.4er .. TIeP fn}lOWi_]x O nn,7,rrrS ire iruli`C.+T2uVe Ol mer cnnnrre 3riwi,.. L.... ,. ,1 ~ a n r~ - ++.~ ..s.-...' ~ w.vYliy~ Lucy ntc iapi titiertucu 1. To acquire, encumbez and dispose of env interest of mine in reai nr nercnn~t ...._. R:_-_. _. pIOpeiYV llpOn Sll.C19. LermS 35 mV 34C,ft {letP.Tml„P.G'7n hP, anninnnat~ > 7. Tn ~ni(j ;ne7PS4 ta~ca anti nti+Jrun ym mWSene n:arr ;i i~e~.. ..f ....~. _,..1 .... ..t a~.•A. <uuss lA Z+.caa vz M]VAMLL V ej lVAO\ll \ 1 lwAtan<!'r:. Y eN3 mAnXti . _. __r yr- ~ __ "__"> ... .... .. ....y.v ... «..~ .... y ~..".itj. 3. To transact every kind o£ business including the collection, ZlavuleAi, aad JciiiCmCai o£aIA 3IIiOllI1LS andJAtereStS ieceivap,(e ~bV me OI pa'Vabte t?V me Or to me. 6; Tn mdlre~ aniinrco P..a-aa+A .ici< .Jw nmi rug ~<.u r7'n..s.3=. r• ',.e.v.,. ' .,.,,, ..,,.,a hR1Y,nihRr~+in e rk C~$e d...'~.o.. t ,. .a...r. `"i, 1 ~ ... Y en...,. _. ccar¢ii~e uYiu ¢i1'v .rir~+_~ eva-ra Pr7 ?41 ~..'~: n a « . _ ~: T•: •':::; :•.~ ~u~ vv` uvn_ vur gin. .nt vntiln r; mr .. nwrn wnti e'. e d~s_ .. 1. Tt, t R~'11 r\ ~^frl. N. ala IL 'lw1 f P.Y Rq }1a1M1. THE mMV:~.. uYr VVL^ualA ~ ..L _! ^ ~'~ ^ ~ w uuNAA40.lYJ 1V1 \.t{x.V~J 4J Sri. nv_n ~... utv .Nyn .l ..A YY1.a.. .a n.._^W +++(j AVA .dAA~J 1\. tiJ Vi1. ~. To deposit oz u+ithdra~w frorri any account or interest irf mine in any hank. IIlVeSLIYlent 1nS2}tlIt1OR, CZed1tUIllOn, ^3VtrtpC atut :Ioari BSepC.lallnxt +ar cp,nt)ar tnetafi atinn: to nnan 2CCO11nTS m any SnCIi IriSfittrti(,l in ~y ir~t=1@, Or'-^ the •,oa ma Cf ,;Aq ~,senL, - -Y-- l-'. TC b4rfO'tN n .TM..y li?L~2r3.^~ fCr ~ J l`.^nP.~i, tS~^~J,^. Stich LG2}FiS tS 1Ti ply. i ~~t?'fW>Eti?t'Y in i5p -- _utat ?sort r nr jinn cu ,. d,... #~_,... ~ ~Y~ -v> -- •• r~•.••ey~. tr :'~ w. uj .. ivwva aux)va uar ~>ttijJ~:A ay. 7. To institute, prosecute, defend, coxnprornise, arbitrate; amd settle legal or zxciiTl3titis'uat}vC prviceeriia~QS,'Or ~OLRCrtviSt; ~A°3~ ~IYl litir+2t1O71 on Ti1V beh21~; . eF"` _ L..~ A ?1011 ~ .~- qU¢.'/'~ ': If ill lll'17uF,9 Pp,i~t Tuflr•~~4~_ ~,In,llina P '~~~~~ 8. To hire and dismiss agents,'counsei, and ether employees, upon such terms a~ guy abez(i cetcrmines to be appropriate. 9, "i'p p2y necttn3 attd oragtti2ai?*aP.~ for ~40~5 w~,d SE?'i^C°S Y.','Otdvu~.,^, 7;.~ f'S fez sway b>_ne~t, rock*»diua zeasor_wble cornpe;xszt^.on to my went.. TfT hacnTre disal~9P,•i ,r i^CSi35i3eiet;. ;Si'? ^c;~et°rT. S~_u.~.~rrf 3g rs~sliszed, gn n€~r~ts. ~nrnrn~.~? ~sf crs.^~x »~ tn,~-„tt. h ~ a„ „z<?:,.,~i•__i nr rr7{t?°t T nyr;r?P!;S4P -n~ arpri rrtr naemarxTr m~tia in nr,r.r3 frs,tit M4N-.+ ++ '1.'~. +1.' .: ,.,,. 20. . 'fo prepare, e7cecute and fife incame and other taX retttms in ail appropriate intiiA~ ~ uAA~uA~i.iusls; iu execute reaerak i ax rortt'i zd4a oz atsy power Oi atrOrrl.E'y tozxn I'~gUlt2'd. tTy rite internal iKevepue aervlce or statz atittaonty; to eXercase azrv elections k may have utzder federal, state or local tare i~r; aid generally to represent me itz a?? tax *xzatters ~^i3 ~rocaedaisgs of all lands anri for all periodg b?Jfare or after the date of Ckzis dete.?ratou, 'before all nfEceS nnc3 officers 7f the Internal Revenue ~ers'ice, state ta~sna atlt2lority_ azi~ »nv nthcr tavix,o },E,~v k 1. To have access to any safe deposit box or boxes izz which I am an owtser; to ~.......a .... ,x ~... ,,'s . ~ r , < r..au~w.. vA ua.i3:i.,It 13:,StS.:F Ay. iYa ik7.tu~:j uV $i.Ix"~L43ue' x1SAy ~ii.::ii ~lJV.i Vl UVxCJ; .Yllll Cu ICIIt a sale deposit va5:i v'i Gvi~iv`3 ui iiiy AtatASC V3' 1T1 ii1G Iia37re OI ray 8$ent, Or ~DOLIl. lz. To transfer all or anv part of property owxied by me or :n w;3jclA I have '$n interest to rho trustee of any revoeable trust cre$ted by me during my lifetime, .sucb.that tlje, flame is held and becomes a _part of the cnrpug ~£tttat tr~.s* tr be deb?*. with an acror~anc• •tn*h. thr ?army n£ s~5ch tnyst_ I3. To grant, bargain, sell, convey, and lease for oil, aas, attd mineral purposes .,T _ T ail j% aTA.+ aA,t A cat csifiii::viua:u A aunt' uwu ui }~ w{,nC.(i A ttl$y pOSSeSS 9IIy 7,nCereSt, wneret°er Si'tt13Ce., Ipr such, price attci on such terms which rely agent deems best, and, to raa,6;e, execute, acknowledge, and deliver good ana sv#tzczeA.t documents et'conveyance for the same, with or without covenants of warranty; to sett, assipzz,'txattsfer, and conveynny and all otd and Qas `leases and 7x?va)ty and ?ni_n~r?I zxiterests which i may own or in wbirh I n+_av possess arty iat~st. ~xthere•;er Ftt*uste. fr,T sxwch ~9Z132fa..S 22.tdO2t and on SttCl3 t@i??13 ae ML' ;sg ~..:i tlr~??m~ 3`e?,:t a±xz3 ?n i,?r ~tc!xar aatnrl anA ~x:df+r%n.T~.t fi.FS ~4TtRx{?Ttt 'i,tj t`.l~tlT: P[, •tTt R.. fRT T}tr 2mr rd ',. ~J. s,,.~ 14 ~ ,,y u...a.aiJil v`w,.au, ucu'a:uvT Orrlo~c or.A e:,.,:t ',._h-,,..«,.;~~-.,, ..~T.._..... x .3____~'"~'....x uv S s._•_ .. s. y•..... .-...,....3.`, 5:....,,w .w,w.M1..r.~uucuiiu~yiaGnu~.Aa,.Ay 4u~F aiiilVitklriJLLLLI.:V,A~Vii 2bllU ail `u iGa~CJ G: -l. T ~..... uuaw Ili 'vY~u;~'~.A; A AM1Aa~' V TV!! 6Yt I~IGreJ`"L. i4. To znaintaiu, repair, improve, invest, manage, iszsttre, rent, lease, encumber, and in any manner deal- with any real tiz personak property, tangible or intangitrle; nr an..y interest tl!V2' .IA tll$t 1 S30W OWtl OI' 1113v 218rBa{tEi $~Oyl]TTP itf ~v Pfi,ne 3n~ fp;' jnY },~,,ZAF4 ,,,-nnn <„r'h t~,+,nc gr~ t ... ........... cnnditiom ac YY1V R6aPT1T I~PPLrw< nMp'L+ i 5. I specifically autizazize and encourage zny spouse, when acting as myattorney- in-fact, to make ;ins joutxigj-it, iti tI ust o'r otherwise) to himselz, indiviaualIq, oz to my children and their descendants [issue f and to the spouses of ail my descendants (issue j, To the extcsit such gifts 2 Aua~22~ 2QOl 90~~~1~.~9 oaUl. iA~OtlNE r l4TTJRCr~+9ENT_„~,_ viii be aiigibie fortbe armual 3iift tax exclusion provided an lI2.C section 2503(b j, as amc:adad.:~ny autilos2y granred to my attorney-~-fact s#laii bz limited sa as to prevent this power of attomey {1} from causing my attamey-in-iactto be taAed on my income; (2) fi-om causing my estate to be subject to a (taxable) general 'power of appointment (as zh3t zertri is ~7~ftnerl ir? illy' SPrYTnn_ ?_~Al;°~s amended); by my attnrneY-?n-fact; and t3) frnm caezsz*.tg my atorney-in-fac±+r., rage ?may ~ncidesi*.s of ow?lezslzip fTk'Li3it; the mearirtg e~f ?22.~ secticrl '~42, as amended},.:?uitYl read c~ ~V =~fe v>SllraT..C?. r4iiC3E3 CEL` L132 ?`.fe of say attcraey->n-fa t. i b, '-'~y agent may tlisclaitn, release, remove ar abandan any property or interest therein or pour zeiatave thereto (iaoludzng file pavuer to alter,. amend; revob a or terminate) which for any reason gad by any means I ttlap now hold or to which T may'herea#3er become entitled, whether by retention, gift or testafe or intestate succession and whether pass;xlg to me or for my benefit, outrigklt, intrust or otherwise, gad may exercise a^.y tigiat ar power C may hay°e irz tl*<e estate o~ a;lott±@r pea~2rt~ w?:eShxr or nct Such ether ~eas~eu is tt~xea living, :ncludLirig, but uoi limited to, the ~~ fit Ciatm an eleC'?'72~ si+-al-z T.T. 2iyr eEt2't8 Cr l'.ad~ shy `37'.k ~;,^+, t4ie ~e$ere'u"$vi 'Ci'te ptrwers Cvn:`a:r2d zereunde:; qty ag ~t shauid act in a;uuu-nl~r Cs?SSSiStSIT.t w,ifl guy estate plaguing actions °Jr'hiiu ; .:ufiy :uu-ve taiisa ax wirlicz7 zlly agent a7ay' gave lateen pursuant zo othzr prov~.sions of ties ia~ver, b wing corlsideratian to the effects, rxii' or otherwise, of arty such disclatitaer, ieiease, abandonment or exercise upon persons intezested m my estate and persons who would. but for such aciaoa, zeceive property which is affected by such action. l7. T o act on my behalf irl consenting to or refusing medical tzeatment as dulled :.:..s~. -~•iw .~..~ . a_:e°.^ _ u..~.a1oi+V .,zCt y5e^itirinS i_'.'-14-3v3 i.~3YOigi1 ice`-1~-3 V7, ~..a''i.J.'Jr iL~rri A21}l. y.;v±+7~~, ifl t~'15 S'-.'ai:'LGilri'i ~x:e3t pez,Tµ `f..G'uiia tut :lGt_ 7.vl~y agerY 1113"y" aCi 1717 lay'66i118SY WTi8r,1 A A.O long<.. have use ahiiity to plvvida iufirrr7eci consent to or refusai of meadical treatment. ivSy agent may not consezlt to or rer'use guy proposed meaieai ireatmerxt for me oven my abjection whelz I have such decisiauai capacity. tlil otItzr raedirai provisiozls of the Aet"are incoxporxted info this power. This General power of attomev is d~uable. It sha31 not terminate n. tiie ?vent nf;r,y incapacity and wall s,+>~ive untii my deztk. TT, tS Vtrt tt°^. ?.^,,t~ eX~i.'~d iIl tj16 F;3#e Of ~viflradv o^'~ c7;~i7 1;8 i^.teYy^.'et$d `.., ..^.:.a"-+ ~ i7 ,' l ^.f` ~p :t"~,. _~~ar_ce :~;"x ti,c a-ws :ilEt f > yh i3r'ITNE5S `~TI~IZECIF, I 'have hereunto set mY Ilan' and seal otl l i~~ ! f ~ -~~ i~rnlcapaa`s Siacyal Security ~iurlloer dl ~ :dam `~. . H.ua~<<~ ZuUi 10~~13A.&a patJt TA.GDUt9E =,..w GFv~aL DUR~BL~ PflW'ER 0~` ATT~RNET' s ~azE o~ coz,ozz~o ~ 1cg_ -. hlo.Pt6~q P.~6 ~~ ~ t /4Ti'/4Ci~,9ENT .! The foregoing ins$ilment was acknowledged before xzze this day of S,jjj_(~__~ 200I, by Robert B. Lewis. WTT?JESS my hax:d and official ge~i, ~ gUSLE~ $.,: - -~,_, My coazmisscn expzres: I~~~i~~l~r.~ E / .~ ~ ' _ ,'~ gtaiy Public The ltnliercianed anent hrrahv a~rtPSntc tha r3elac L20'S 32ifhL`ri ::: ~{~ °.^: __ _ ~_,,.,.,____~, ,,..~.3 1y Se O 1Y31S2$1°,'1a7Lu.... 1 "`' } .-~ ~ A~eut~s sUec9men sisnat+z*e PP ~~+'f++wara<v+tyxrie _. _ ~ r^xi.. ':o ,. ad. .... ..w .u: i «.v. ... i:9. ~ .w. ~. .. '.na ... 'w.... ti~ as .,..u :Yep.. 'y„, ~" ~:p4 .~.. a M ~,i r-, PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on December 21, 2004, the Hearing Officer of Pitkin County granted approval (Determm (Conundrum Creek)1041 Hazard, Review, Conceptual Submission & Special Review for taker Dwellin Unit Case P 192-04 . The ation No. 32-2004) for the Lewis Care g ( ) property is located in the Castle Creek Valley off of Conun Boundaries of H E.S. No 112, m Townslu 10 and 11 South Ran e 85 West of the Sixth ' drum C The State Paroel Iden tficahon1Number for the property is 2 wrthm the Principal Meridian. 4 911 023-00-020. vo.t....e X.i N1 c`A h~FY~aYeldf~;y?'4vy M1^f This site-specific development plan grants a vested properly right pursuant to Title 24, Article 68, Colorado Revised Statutes. s/James True Hearing Oflicer Pitkin County, Colorado Published in the Aspen Times Weekly, on January 1, 2005. _._-- T ,~•s~-a PUBLIC NOTICE RE: Lewis (Conundrum Creek) 1041 Hazard Review, Conceptual Submission & Special Review for Caretaker Dwelling Unit (Case P 192-d4) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday,' December 21, 2004 to begin at 3:00 P.M., 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 Robert Lewis requesting renewal of the prior 1041 Hazad Review, Conceptual Submission and Caretaker Dwelling Unit approval granted pursuant to Hearing Officer Determination No. 048-2001and a minor modification to the access envelope. `I`he property is located in the Castie~~reek Valley off of Conundnun Creek Road, and is legally described as a tract of land situated within the Boundaries of H.E.S. No. 112, in Township 10 and l l South, Range 85 West of the Sixth Principal Meridian. The State Parcel Identification Number for the property is 2911-023-00-020. The, application is available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970)920-5093. s/James True Pitkin County Hearing Officer Published in The Aspen Times Weekly November 20, 2004. Attention Applicant/Representative: It is your responsibility to do the following: i. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with tote return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more' than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting &"K%fail'ing (previously sent to you with your applicant tetter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the 1'itkin County Community Development Department, 130 South Galena Street, Aspen, CO (970)'920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date ~;. 4 _,... .. peNe ~~.. LF~+~r .n ~. ~c-_-:=:.-sue,-: ~,m% ,..... x. an,..,M.~:~, f$E.AR da14 FaR .LE W t Y `. r D. s ~ . . ~.;. ; \ . ~ ` i a S {' I~ i R"~d7G ®'ves4tt ask..::: .. .. ~.<.:.. ~.. M4 ~~~FoR LE Vj i S~ - .. ~~ ti: ~. 1 ,a u ~V t ~~ ;~ ,~... my t i, , e County of Pitkin State of Colorado } Gler,r, l-~~r^ Applicant to the Pitkin County Development Pennii public notice requirements pursuant to Section 4-90 following manner: being or representing an ~nally certify that I have complied with the Pitkin County Land Use Regulations in the By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all owners of property adjacent to the subject property, as indicated on the attached list, on the 1/~ day of~, 20~(vhich is"Z.~days prior to the public hearing date of ___~, The names and addresses of the adjacent property owners shall be those on the current tax, records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to the owner(s) of the miner 1 estate underneath the subject property, as indicated on the attache list, on the ~ day of 200~j(which is _ days prior to the public hearing date of ~ The names and addresses of the mineral estate owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 3. By posting a sign in a conspicuous place on the subject ro ert ' public way) and th t said si ~ p p Y (~ it could be seen from the nearest gn was posted and visible continuously from the day of _~'-~ , 20 to the '2 ( day of~ 2pp Gr(nlust be posted for at least fifteen (15) full days before the hearing date). A photograph of the po ed sign is attached hereto. _~~~ ~e~: Applicant's name Signa e (Attach photograph here) -; Sigr(i}e~d before me this Z ~ day of~~ p8446'~8uU4C&(P§Fdf~ 2~O~v ' a .~,. ,. _.. ... 4,:~_ AFFIDAVIT OF NOTTCE~ & ' ~ ~ ~ ~' MAILING PURSUANT' TO PITKIN COUNT' I/AND~ USE . CODE SECTION 4-90 ss. ~i tin ~ C arre-Ipl- N~Ta~a~`aa ----- a = WITNESS MY HAND AND OFFICIAL SEAL <9 (y ~ ~,, G ~~ ~ My co fission exprres,: 1~ `~} `Z 9l6 ~-- A e ~ '~ J^ ~~~P°dfl9%1l1 E.~g Vt94AAi~' (/ .Notary Public Notary Public's Signature i PUBLIC NO'I~~~E w ....r ~.~ _,.. ... _.. , RE: Lewis (Conundrum. Creek) 1041 Hazard Review, Conceptual Submission & Special Review for Caretaker Dwelling Unit (Case ~ 192-04) NOTICE IS HERE$Y GIVEN'that a public hearing will be held on Tuesday, December 21, 2004 to begin at 3:00 P M., 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 Robert Lewis requesting rerewal of the prior 1041 Hazard Review, Conceptual Submission and Caretaker Dwelling Unit approval granted pursuant to Hearing Officer Detennination No. 048-2001 and a minor modification to the access envelope. The property is located in the Castle Creek Valley off of Conundrum Creek Road, and is legally described as a tract of land situated within the Boundaries of H.E.S. No. 112, in Township 10 and 11 South, Range 85 West of the Sixth Principal Meridian. The State Parcel Identification Number for the property is 2911-023-00-020. The application is available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. s/James True Pitkin County Hearing Officer ___~ Published in The As en Times Weekly November 20, 2004. ------- P Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names ahd addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by posting & Mailing. (previously sent to you with your applicant letter) as proof of compliance with the,Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5~2't 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date I,EWIS ROBERT B PO BOX 2190' ASPEN CO 81612 83557 ADJACENT PROPERTY OWNERS: MW III ASPEN LLC WAMPOLD COS 4171 ESSEN LN STE 450 BATON ROUGE I,A 70809 83242 291102300022 STEINMETZ MARTA PO BOX 325 ' ASPEN CO 81612 83901 291102300019 CONUNDRUM RETREATS LLC PO BOX 1188 ASPEN CO 81611 83743 291102300018 HIOHLAND RANCH LTD PO BOX 1152 ASPEN CO 81612 83454 291.102100011 +r.. 6 J(•~4::~ son vv' u ~ I ~,~,.., a ar~M4~tf~ , ~i,. ~.Csn,Y , w .., ~: h"S~, _. t <, LEWIS ROBERT B PO BOX 2190 ASPEN CO 81612 83557 AIDJACENT PROPERTY OWNEIF5' MW III ASPEN LLC WAMPO~;D COS 4171 ESSEN LN STE 450 BATON ROUGE LA 70809 83242 291102300022 STEINMETZ MARTA PO BOX 325 ASPEN CO 81612 83901 291102300019 CONUNDRUM' RETREATS LLC PO BOX 1188 ASPEN CO 816'11 83743 291102300018 HIGHLAND RANCH LTD PO BOX 1152 ' ASPEN CO 81612 83454 291102100011 ' ,-- ~, PTTK.IN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 November 8, 2004 Mr. Glenn Hom 215 South Monarch Street Suite 104 Aspen, CO 81612 Re: Lewis (Conundrum Creek) 1041 Environmental Hazard Review, Conceptual Submission and Special Review for Caretaker Dwelling Unit (2911-023-00-020,• Case P192-04) Dear Mr. Horn: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public hearing by the Pitkin County Hearing Officer on Tuesday, December 21, 2004, of a meeting to begin at 3:00 p.m. in the Courthouse Conference Room, 506 East Main Street, Aspen, Colorado. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems: The Friday before the meeting date, we will canto inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please be aware that the Hearing Officer will be billed at $135 Per hour. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the heazing (and remove it within one week after) and to mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. (A copy of the. notice is enclosed.) The names and addresses shall be those on the current tax records of Pitkin 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. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Janis Taylor Administrative Assistant Encfl: Affidavit Public Notice i? 3 ~~,,,~ :~:.; (9701920-5526" Pitkin Coan~y ~ ". . ~_ __ _~ tiand Us`e':" ~ . _.. _ __.. 172 $oard of Ad~ustmenf 159 CdiiiityLandUse,Code ' 173 `Dep'os`it"' ~ °.° .:_ _. , . ~ '74' ` } Flat Fee .,,~. .. ~ ~ .. ~~~ . ., .,,, <.~a-.ro~ 162 Zoning arizl'"Slgri` 169 Public Notice ~- ~ i "' ' , 160 „~ , w.. ~~ Plaxinirig Enforcemept':-. ,,,.„..,,„_„~. I75 Hearuig"Ofllcer -12eferia`T'FE`e'S• °` .. ~ F ,__a, m.. ,,._ : 210 Airport _.... . a; ,. LUCOl Cotiniy Clgrk - 211 County EggineeY .~,. , 194 Endirorimental Health ` , 208 Historic '_' ' n~ .-. ~,.. , .. ::. - ` 19S '"Housing " ' ~ ' ~ 190 Land l4lariagcm'ent. '209 Redstone HPC '"205 Wildlife Officer Bu>YfPdiag Fees:. ~ ~ ... .. . ~._.. _ . 170 Board of Appeals _ 135" Building Geode Sales ~~ L t~ MY : ~' .: 105 Bui~ilirig ~r"triif ` ' -:... . " ~, ,. .._.. ,. 16(1` ~ "~ ""'Contracttii,Lxceiise '` `~~ "" °""` "" ~' 195' . ~" IS5` 150;... z. - PHONEi -_ t ate�d within the boundories of 1,kL S No, 112, in Township 10 and 11 South, A tract of land si u / Meridian describod as follows: Range 85 West of the 6th Principo 6l.j'9,OO- West 633 f0 feet,- thence at Corner Alo,b of 500 S, No. 112; thence South feet ; to C ,()0,, West '�()O'jl -O;t 48,5,81 teet; therco North 5,3*41 enter of County North J6*19'00" 1 North 80 j?aad; thence North 4,9,41,00" East 18,5,99 feet along center of COUntY 1?00d, . thence ter of County Roont; thence North 69'4600" Lost 156-85 feet 2 ast 212.71 tact along con center a/ COU04Y j'00 " f County Food thence, North 28*27'00 lost 19 27 feet along c( along center of C( thence South 5,5*4100 fast 614.78 feet to 0 1?oad; thence South 52,10'00" &Yst 50-52 tce,t,� point on the line between Corners 4 and 5 of fl.L- : S. No. 112; thence South 8,3*09'00 WOst said line to the point of boinnim oy 562.20 loot along j. LX('[-P11NG' THERE: ROM that parcel of land described in 0`06d re;'carded November 24, 1969 in Hook 244 at POVO 641 05 J?eception No. lJ80JJ- [-_xcef)tinq any portion of the above described Property lying within the County Road, National Mop Where - hacked COUNTY Of PITKIN, SWL Of COLORA00. , Existing 12' Wide -----*--� County road set Rebor & cap L., S. 201,53 •o' witness- Corner Vicinil Cori, Sec. 5'0 c 10 85 W. J se(,,% 2 R.H!')W- Ir./P Cmff 7.69 Acre f'OrC6'1 Sec. J6 SOCL Sec. 2 1 Sec. 1 — . - I vr—)� T y ury e t r My A 1) tion of Hamestead .1-4in j: Se c ti on 2, found Rebor & CCP L.S. 2316 J Wood Frame 0144iog T Post"e, Covers') q\ V 0, C., 01 O I'll 10" S) AfA A '% R) to MA I PER f 0 PACL 641 found Rebor & COP L.S. 15710 Fl. f'S. No. 10 Comer No. 6 found Stone Corner in place tr WHO .............................. � ME sa imu[sl --- R _YFR you "71j, "t a Notice Accotdi`og to (,lotarodo Low, 118 W. (5tii Street 200 commence city /ego/ action b(130d upon orw (,(Ior('jdo 81601 o af,,f&ct in thij survey witto'n Unce year "; rifer Gj()rjW00(j Springs, we /\X (�-)7o) 94-5-594-8 0� you first (A';Cover sucli defect. to 170 ove (9 7 0) 9 4-5 17 may toy lewl action based upon any defect Colorado (9/0) 925-6727 I ER in Uds survoy be commenced moro Man ton I IMUESER C-)ORDON MEYER Aspen, years from the:, dote of the celtif;eatiorl Shown -mail: !sutvey@sgm-1mcom S U R V J� Y 0 R s E E N I N E E R S & 15 W' 6 th PVHO T- "y o un t VY [-.-xi,qtjng 12' Wide, (%0jjnty Rood CYo ora do / l F:': S. No. 112 Corner No. 5 found Stone Corner in place, Legend and Notes: 0 indicates found monumont as described. Plastic nument, 11!5 re bar a inelicates set tan acrd feed f (RPC), L.S, 20133, onurnents as shown. Survey orioulation based on found rn 507, or greater Slope in the building 0;Ov010P` No ot1jer, qqpes exceed 157. 502' will; or the drive way, except (ts shown. search by this surveyor to This le.,,urvqy does ,lot represent a title starch or otbt�,r ericurnbrances determine owner hit) or to discover easelta ts or other per.taining t ownarshia. oc of tacord Al! infor-rnation 0 is e m e n encurnbrances of record has been taken from 0 title insurance (,,Orarniltnent issued by Stewart 7jhe, of A,,pen, dated 'jufy 13, 2001, C(,,,,;e, No, 00021! )49; w1jile Over Nal'orlfll Not(,,: This topography MOP cornplies with I National Mop Where - hacked Accuracy Stone] ards for topographic, maps. , go 7g Of pOjaj,,, should be within 1/2 the contour ntalvol and well d("baod points should be plotted within 1150" Of their true position. Critical design should be baser) upon Gordon Meyer, spot elevations, please contact Schmueser Inc. for this spot elevation information. Note: the fh,rw line of the creek is shown for locdion inco'nple'te. purposes only. Contour lines in this area are NUM-- Iff VISION BER I Hovise Hcjj;doq f.oycjopo. Access tocOfovld �& Create Afternotive Access Easement 2 00(lections & f HF 15 odtiifions TA pomon o . _J. S. No. 12 Revisions DATE BY 10121104 tkc 11102104 1kc GRAPHIC SCALE ( IN FEET ) I inch — 50 It. /L L'S. No. 112 Corner No. 4 found Stone Corner in P/(,I(,'e XnAlAS 1041 (�,nvironmental hazard areas exist that might affect the property, any improvements, and the use and occupancy herool, Robert Lewis, Owner; Pitkin County, Colorado 4,jLjM_C, ff _1YLA -QEU98-A�f V& this 1041 1-1(77ard Review site plan has been rovicwcd and approved by the pj*tkia County L1(,,arjr�q Officer this -(-J(')Y -)d condX00s of 2004 subject to the terrns car of the Hearing Officer Oetormit'060r' NO. recorded in the pitkin, County Clerk and [�ee,,oOffice, 's Offic as f?eception No. C .FO f,' - PC, P-QNTK- QL This 1041 Hazard Review site plan has been occept0d for fifinq in the office of the Clark and Recorder' Of PiWO County, Colorado' on this __ _. __ _ day of 9004, in Plat Hook (It page ...... - " --- as Reception No. Clerk ... f';tkia County, Colo"Odo OF Job No. 960798 Amended Drawn by., WBI-1 Id 4 ,Lewis 1041 Date: 8-22-01 S. Er FApproved: OF to an File: 1041,(fwg