Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
pitkin.planning.273720100005 (2008)
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 (11x17) :' ghorn@rof.net 8/Ibl PZ ~e i' 2006 ~~ Parcel ID: 2737-20-1-00-005 Application Date: 10/2/08 Case No: P118-08 Description: Planner: Suzanne Wolff # Copies: 1 Allocated Hours: 3 Project Address: 43251 HWY 82, ASPEN, CO 81611 % Over Hours: 3.6 Property Owner: MATTAWAY Address: 8540 SW 52ND AVE Owner Phone: Owner's REP: GLENN HORN REP's Email: ghorn@rof.net Referrals: I Comments Due Date: MIAMI, FL 33143 Address: 215 S MONARCH ST, 104 ASPEN, CO 81611 Other Referrals: REP's Phone: (970) 925-6587 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 10/20/2008 Review Body: admin Public Hearing? no Notice Date: Meeting Notes: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 102-2008 #553705 Other Information: VR Approval Date: Plat Recorded Date: 11I03I2008 VR Expires Date: Plat (Bk, PG): 878 P2 #554011 Remarks: on shelf Application Type: Minor Amendment to a Development Permit ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE MATTAWAY SECOND MINOR AMENDMENT TO DEVELOPMENT PERMIT Administrative Decision No. ~-2008 RECITALS Pursuant to Section 2-20-150.6 of the Land Use Code, Richard and Lisa Mattaway ("Applicant") have applied to the Community Development Director of Pitkin County, Colorado ("Director") to amend the previously recorded 1041 hazard review site plan to expand the building envelope to build retaining walls adjacent to the driveway and to add two soil nail activity envelopes. The Applicant has moved the house to the west to accommodate rockfall mitigation, which necessitates relocation of the driveway. 2. The property is located east of Aspen, and is more specifically described in Exhibit A. 3. The property contains approximately 3.3 acres and is anon-conforming size parcel in the AR-10 zone district. 4. The Hearing Officer granted 1041 hazard review and conceptual submission approval, pursuant to Determination No. 30-2004. The 1041 site plan was recorded in Plat Book 71 at Page 67. The Community Development Director approved a minor amendment to allow dogs and pern~it wildlife friendly fencing outside of the building envelope, pursuant to Administrative Decision No. 103-2006. The Community Development Director approved another minor amendment to establish an "access, landscape and utility envelope" and a "landscape envelope" and granted scenic view protection review approval for the residence, pursuant to Administrative Decision No. 101-2007. An amended site plan was recorded in Book 85 at Page 57. The Applicant submitted a building permit application on November 16, 2007 (the expiration date for the vested rights); the permit has not been issued. 5. The Director finds that the proposed envelope amendments comply with the applicable provisions of the Land Use Code, and that the proposed development will not change the use of the proposed development or the basic character of the land, is consistent with action taken during the original review, does not increase off-site impacts or the allowable floor area, and will not endanger the public health, safety or welfare. THE DIRECTOR DOES HEREBY APPROVE the Mattaway Minor Amendment to a Development Permit, subject to the following conditions, which shall run with the land and be binding on alt successors in interest: I . All conditions of Hearing Officer Determination No. 30-2004 and Administrative Decision Nos. 103- 2006 and 101-2007 shall remain in full force and effect, except as amended herein. 2. Prior to issuance of the building permit application, the Applicant shall be required to submit for approval by the County Attorney and Community Development Department an amended Site Plan. The above referenced approvals shall be a condition precedent to finalization and recordation. The mylar copy of the site plan must be signed by the owner prior to submittal for recording. RECEPTION#: 553705, 10121/2008 at 02:48;04 PM, t OF 3, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO Administrative Decision No.l[~2008 Page 2 3. The retaining walls adjacent to the driveway shall be engineered, and the plans shall be reviewed and approved by the Planning Engineer prior to issuance of the building permit. 4. The soil nail plans shall be signed and stamped by a Colorado Registered Professional Engineer, and shall be reviewed and approved by the Planning Engineer prior [o issuance of the building permit. No development shall occur on [he surface of the soil nail activity envelopes. No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 6. The Applicant shall adhere to all material representations made in the application. APPROVED by [he Director, this ~~~day of Oc~ , 2008. ~ti~ ~'CwvV~ ~ C~ Cindy Houben, Community Development Director PID #273720100005;P118-08 EXHIBIT "A" LEGAL DESCRIPTION A Tract of land situated in Section 20, Township 10 South, Range 84 West of the Sixth Principal Meridian, more particularly described as follows: Beginning at the North l]uarter Comer of said Section 20, Township 10 South, Range 84 West of the 6th P.M.; thence N 89°34'30" E 300.00 feet; thence S 38°07'10" E 314.00 feet; thence S 89°34'30" W 516.00 feet to the Easterly right of way line of State Highway No. 82; thence the following courses and distances along said right of way line: N 52°58' W 256.02 feet 132.49 feet along the arc of a curve to the right having a radius of 533.00 feet (the chord of which bears N 45°50'44" W 132.15 feet); thence departing said right of way Tine N 89°34'30° E 321.36 feet to the point of beginning Being Parcels 1 and 2, Smith Exemption Plat, recorded December 28, 1984 in Plat Book 16 at Page 81 Davis Horn~- PLANNING & REAL ESTATE CONSULTING October 1, 2008 Suzanne Wolff AICP Pitkin County Community Development 130 S. Galena Street Aspen, CO. 81611 RE: Mattaway Second Minor Amendment to a Development Permit and Scenic View Protection Review for the Mattaway Property (PID# 2737-201-00-005) Dear Suzanne: Davis Horn Incorporated represents Rick Mattaway, the owner of a 3.3 acre property one mile east of Aspen on State Highway 82 (SH 82). Mattaway is the "Applicant" in this land use application requesting the Second Minor Amendment to a Development Permit and an exemption from the Scenic View Protection Review. The property's location is shown on a map in Attachment 1 and the title commitment found in Attachment 2. The original approval for this property was pursuant to the old Pitkin County Land Use Code so an Activity Envelope was not established. The approved Site Plan designated a building envelope for the proposed home and a gravel access driveway. The Applicant is requesting the minor amendment to the existing approval to: 1. Slightly expand the building envelope to build a driveway retaining wall; 2. Create a Soil Nail Activity Envelope This land use application is addressed under the following headings: Background, Proposal, Land Use Requests and Summary. ALICE DAVIS AICP f GLENN HORN AICP flQOt)01 2 7 5 SOUTH MONARCH $T. • SUITE 104 • ASPEN, COLORADO 8161 1 •9701 92 5-6 5 8 7 • FAX: 9701925-5180 adavis@roEnef ghorn@roLnet d-~' 3~ BACKGROUND/ PREVIOUS APPROVALS The subject property is located up Independence Pass one mile from Aspen in the AR-10 zone district. The previous owner, Juliet Shield Taylor, received 1041 Hazard Review and Conceptual Submission approval pursuant to Hearing Officer Determination No. 30-2004 on November 16, 2004. An administrative approval was granted on October 31, 2006 for a minor amendment to the development permit pursuant to Administrative Decision No. 103 of 2006. This minor amendment did not amend the building envelope or access driveway, but amended conditions regarding fencing and dogs. A third approval was granted on October 30, 2007 pursuant to Adminsttative Decision No.101-2007. These three approval documents are Attachments 3, 4 and 5. the approved Shield 1041 Hazazd Review Site Plan is Attachment 6 and the First Amended Richard and Lisa Mattaway 1041 Site Plan is Attachment 7. The Shield Site Plan repealed and replaced a previously approved Site Plan for Hanson, the owners prior to Shield. The proposed Second Amended Richard and Lisa Mattaway 1041 Hazard Review Site Plan is Attachment 8. PROPOSAL Heazing Officer Determination No. 30-2004 (see Attachment 1) which replaces prior approval conditions includes condition # 3: "Once the location and design of the residence is determined, a detailed rockfall and avalanche analysis shall be performed by a qualified professional geologist or engineer. The analysis shall be reviewed and approved by the Colorado Geological Survey prior to the issuance of a building permit. The Community Development Department shall review and approve the mitigation plan prior to the issuance of any building permits and the Applicant shall comply with any specific mitigation measures recommend by the analysis." The applicant worked with Art Mears to study the avalanche and debris flow hazards. Mears determined that the proposed building envelope is not within the debris flow or avalanche deposition area. Mears' report was submitted to the Community Development Department on September 18, 2008. Yeh and Associates prepared a Rockfall Hazard Evaluation which was also submitted to the Community Development on September 19, 2008. The Evaluation recommended moving the proposed house approximately 10 to 15 feet to the west north to accommodate rockfall mitigation. The relocation of the house to the west necessitates the relocation of the driveway to the west as well. The building envelope needs to be slightly expanded to accommodate the driveway and a driveway retaining wall. The expanded building envelope is depicted by Attachment 8. In addition to expanding the building envelope, two Soil Nail Activity Envelopes need to be established. The applicant submitted the soil nailing plan to the Community Development Department on September 18, 2008. ~~~)~QZ' LAND USE REQUESTS A pre-application conference summary is found in Attachment 9. As required in the summary, the following sections of the Pitkin County Land Use Code will be addressed: Section 2-120-150 Minor Amendments to a Development Permit; Section 7-20-f20(d) Standards for Scenic View Protection Areas; The Land Use Code language is given in bold, and the Applicant's response follows. SECTION 2-20-ISO.b Minor Amendment to a Development Permit A minor amendment to a development application or permit must meet the following criteria as determined by the Community Development Director: 1) Consistent with actions taken during previous development approvals for the property; and 2) Does not change the use of the proposed development between residential, commercial and tourist accommodations uses; and 3) Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; and 4) Does not constitute a new land development activity; and 5) Does not increase off-site impacts in the surrounding neighborhood; and 6) Does not endanger the public health, safety or welfare; and 7) Does not violate any Land Use Code standards; and 8) Does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and 9) Does not increase the floor area of the use by more than five percent or decrease the open space on the site by more than five percent. The proposed land development activities are consistent with prior land use approvals. There will not be a change between land use categories. The basic character of the property will not be affected by the Minor Amendment. There will not be any new land development activity other than the original approval for a house. There aze no impacts on the neighborhood. Health safety and welfaze of the public is enhanced by the rockfall mitigation barrier. There is no violation of the Land Use Code. The proposed retaining wall will be located on areas with slopes of less than 30 percent. The soil nails will not protrude above the ground surface. There is no increase in parking demand or demand for off-site utilities or affordable housing. Increases in floor area are not proposed. -3- SECTION 7-20-120(d) STANDARDS FOR SCENIC VIEW PROTECTION AREAS The subject site is located in the SH 82 Scenic View Protection Area. The proposed house has received scenic approvals pursuant to Adminstrative Decision No.101-2007. Section 7-20-120 (c) (4)(a) of the Code exempts development from Scenic View Protection Review if "the proposed development is not visible from those rights-of--way listed in subsection (b)." Refer to Attachment 10 is a cross section of property which shows that the proposed driveway retaining wall will not be visible from SH 82. The proposed development qualifies for an exemption. SUMMARY The Applicant owns a vacant property on Independence Pass, one mile east of downtown Aspen and is requesting approval of a Minor Amendment to a Development Permit to accommodate a rockfall mitigation bamer. The owner is also seeking approval for a Scenic View Protection Review as the property is adjacent to. the Highway 82 Scenic Corridor. The site is heavily wooded with trees and other vegetation and visual impacts from the scenic corridor are minimal. The design and materials proposed for the home are such that the residence will blend with the topography and the surroundings! ~. , , All applicable criteria in the Pitkin County Land Use Code have been addressed and will be met. The following attachments are included with this application: Vicinity Map 2. Title Commitment 3. Hearing Officer Determination No. 30-2004 4. Administrative Decision No. 103 of 2006 Adminstrative Decision No.101~-2007 6. Shield 1041 Hazard Review Site Plan 7. First Amended Richard and Lisa Mattaway 1041 Site Plan 8. Second Amended Richard and Lisa Mattaway 1041 Hazard Review Site Plan 9. Pitkin County Pre- Application Conference Summary Sheet -4- 10. Cross-Section 11. Authorization Letter for Davis Horn Incorporated 12. Fee Agreement for Payment of Land Use Application Fees Please call if you have any questions or concerns. Sincerely, DAMS HORN INCORPORATED GLE HORN AICP -5- ®f~~~~~ SnpWIIw Xn ~` NM ~ ~' ~ ^~ w , '/, '~. .-,, 011 / 10C °. ~\.~ '* _' it ~ \'P ~l ~d G,a rt A.~ _ _ _ ._f~ - ~~ • "_\~ n I Tnan8le PM Yjd'dy -~t1 __~ ~: / _' f..- + _. t t 4 ~ - ~IIv1 .. I \TIV .~-. ~i` " F /' - j eCCpCpI ~~ • nl / ~j ~ P ,yes- ~r l _ .9~ '%• = KabeY I - ~ ~ ~ ~ r~», - z I ~ ~~ Gyl•' 1: .w 'F I I ~ d~u y. ,I. .. ~. -gyp` \I jw7 Va8rur Mtn I ° J I _ _ _ '1:~_~_ 1 ~` 10361 ~~- . \~ I~ • ~,:~. " ~ ~ \••`I Creek ~\~ le 1 Ie I l to „„ Creek 1 1`~ m:.:. - ~ / J-'e\A..o 1' __ ~- .C - .> I V _` r%yn 1^hnyt / ,1 r' / C za .. C ~J S`L~I / \ ~ \ ;` la \ v F xl / ~( -., - :l ~ -`ll'ildrul - ~-' v- ~ Cu/ xe xo ~ ~ - I Res c ~ ~~~Lenedo }:j r; ;i ii i,,.+' .. ~ (( : l~pl,Is PO nt asvr ~ Gamn GUI ___._ _.__1____1-___ yc-iY 03:f :<:;: IH~ - L' n3r ie 1 x ,~-'' r 1 x+ .. Woo °~c.~ Yl l~le I ~ I~ ~ .~ ~ ,~ l; sea t\ ~t ~u~tarn.z I y r /-ti\ Ina 993)-r V i~ t + .y> ~~_' ~ Ty_- ,~,~1\__ y • ~ :Snowmaae p Sy =.j p I ' Hoyp:. . I .. _ A' I . \ ~ ..~ I / -11~ \ 'r- Res I <%Ia •l`,'c '.: t. s• -: ._o. YFi~ 1:. ~':. ± ~ \ w4ups 1. ~ ` ~s I a I° ve \ e /u a xe v ~ ~~'ye I. F Ci JdIF Ie. u:. a~i E I ~ ''i' / ~ 3 \ I o f ani eo73 - n m Iv I I I r ~(S I/ 1 .~ urnt.:~::::.: ~~ .: I .f + M I___ _ _ - _=.~ -j ' I -./.•:r.ti_, :: Mtn•at':' ~?:~i Ir \i` 1 z~ y eP.C: ' 1 y v i \~z'fi v I %' :.. 3'Q'ii~']13e5 g• 1 V l I~ ~I af,. I~:TN ;. ~'N'arren~~ k, i n I lE ''~ :~''t\\oJ I ~4 I I ~~i i9a. ~ xx I v ll ,,, ~l n ~ r ~ zl/~':~'"Lakesa}:: -I`-t' ~ -~ - - -- ---~\' ~ I I I I I .G '~;:}:?' ~'~ I as - 3 - II. i I`-' - -- - - ~.," ' - _ - -. I zw` I z, ' ~ I'':>~~\Jaet ~, ze I C I :f.`ur \ea I I \III Jr I 1 \ I I Iz. ao z .?: QC /zu I x. I ~6eJ tY ~~ 1 1 • \':.~ . h 1 r BaltlY I I ::• W I I eq I I I '':Mtn l a'\. I 1 ¢:)' .. 1 1 / I-_i3155 s l e~~ SILVEF BAK CG I /?' I~ I C t I W' -I---~Villau nbY..-I"rn -I- I---~ ---- ---'fix' - ---- -- - -</J it n '- _ r ~~~-+-: I I I ~^ I I S I i { "" Lope Pk NCG J 11 ~ ~ IcFICUL7 EG...."• I ': II 13Ut 1 _;x I a I es 1`C oI I Gz I_C Y_R B€LL Itarsl IAnnre -ii r~ ,l - c ~ -~ -N '~'~ I I la I j ~C I ,y il`I I x. I x5 Basr9e ~~r of "e ~ ~'.. yo.yy~I eA/eo~ ~ , __ __ ~_~° -__-I. 1' I Mi hlan0-- - I _i P is ~?> ':~1'-.~ Tager I I ~ I I i ,~_`J ~,w. -I37l1._ Pkp .(( I I ~,\~ _I _¢''";- _- F\~T' o~ / s, Ll: r:, p , / ,l z Ian e i.i ..I 5~.:: .;. rr~ I ..3O~.Y `l::i. ,.. ;"~ eueaerMµ,,, ~ -'- ~:~tf 7ie,1=r nI_;:oon }VJ.'SP ~'•~ I-~1- I I l\E / U310Y ~~~~~_. I .::~ lrxan/a.4e. .. I zu +.1:3.yu vf'z \\ _-.` -__-,-'--- \~ r. , ler ~ ~ ~\.\9:. ~~ Wtllow uWillnw Ix .~-'' I I I h IC•{ 1z r I ~i.. a I lu I -S ,~P>,` 1 Passl LuArl ~{: __-_ -__ 1 I ` 0_ `., ` \\`\ r. / ~ t' u I rwOON:v'r~'~' I I I, a ~„~CO. « I _I. a _~-. i G. I I Pass .:4t KC CG ~ / - «b - I z tz•6~ t Is ~l n I Ic I j l I I ~. \\ ~ I N r ~ k Lukr ys ( I I C I I :,~11,~I I \ I I I O+V_ C «« ~ I~r_~„ r - I-_ LLiI I I v l I 1 G':T ; ri~F;.;a., le I ., l I t_ _ ~O ~ --~ - r ---- ---- --7- ----~ ----~ I °~ C '9 c.-mp.l -- / I I I / I Ilsls er ~I::j.c _ _`1+[~:?:,.. I t~ I_~ OBI V Luke/ I I i dV ?,:',,h,.~ - _ C Y~,.;' __ _I r- \ S ' im c1 'f ~ c v, .., ~ ~ o. I z, i I / i rr $a .. \'I 'h,~ i Full {~-., :;I -I-`+ _~ 'off Maroon\ ~ I P I-?'.!/---1----I----I// ---I----I-VC~O--I 'L `• I 111,4. ,. a; ~ u~Bells , '--1.OIeAPkar^'I •~ j IUhv / i IS I_ _____1_-_\_ ~ __I_ \ 1 /, ~. it I I.t'°_. I I1 -I ri~s .~ o 1 °' I !p~" I : I ~ I I ~ I r. I I I Y:~ ,. z. I ~,.,y /, I / r / l~ ~ 1~ 1 I I_ Haytlen Pk 1-y,))) I . McArthur l • -J 1 FS_ O'Te I 1 ~ •IJ]LI -iI/vvaryr.r Y i Fngl ~ea]n ~/ ~l~,p ~ I - ~~ ~l 4 Munler 1 I c^ I ... Amxr/ran ( ..~ / Ltl ..~ _ Wd - _ _.Mti\ _ _ I _ /'. , ~7 / I I ILu4e l I ' ~ Au r / ~ 3 ~1 u; PN x. ., r,\ I Aehr roft'. I I eryup I .;. .i: I ..t Peo ~ ' 1 / ~ •a I lO I " I/w/ ~~~ I I Elettr~c / / I "' I " I d '`v.~;:;.GOId _` I IBsllevlaw ti_ 1 I I _ I ~_Pau V 0' I ~/ MIII -1 Ir Mlr.-•z-- ~A.g / ~ I -~_I- -1.~--_ -___I ~~.,~Y~ la I Aahtrofl a~1)el /.~+ 1 I I ~I 1 I! ~A_-___ _ I I::>- w-- - Mtn ~__ i/_ 1 rr3o I•~w~~'d'evl I ' I 11 a I" Y I I I I I ~- 4~ Inuy ~~ Maroon - ---- ---- I Kee1~Pk~ I ~~ Ce1MUra1 x 1 ''`Lr--' ,\f ~/I ~ JQrI fT~`.Ieh I 1 A, I; lisle. S~ I I Pk ~J3vu I.'~o.v°~~:h ~ .1, I r11 __u .. Attachment ALTA Cornmifimenfi For Tifile Insurance .~ Fidelity National Title 1'nsurance Company AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3~FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-vinceC~?sopris.net TJ Davis-tjd(~?sopris.net Brandi Jepson-brandi@sopris.net Joy HigensyoyC~3sopris.net (Closing & Title Assistance) FIDELITY NATIONAL TITLE INSURANCE COMPANY F7JNiq• NntlonW Title tiuulancc Comnnny 17911 Win KamwiAmiue.SoileHp frviiu,CA 9261L42S7 J®f)~~~ "° Commitment for Title Insurance Fidelity National Title Insurance Company A Stock Company COMNIITMENT FOIL TITLE INSURANCE FIDELITYNATIONAL TITLE INSURANCE COMPANY, a Corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as ident~ed in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subJect to the provisions of Schedule A and B a»d to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed far have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance ofsuch policy or policies of title insurance and all Itabtli[y and obligations hereunder shall cease and terminate within six (6) months a,J3er the e, fj'ective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until :ountersigned by an authorized officer or agent. IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused its corporate name and seal to be hereunto afJcred and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. Countersigned: Authorized Signature FORM 27-083-66 (IO/03) ALTA COMMITMENT - 1966 FIDELITY NATIONAL TITLE INSURANCE COMPANY QY~ } SEAL alrESt• ~ President ~~ ~ Secretary J(}°'""5 CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. Tf the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the Proposed insured may have or may bring against the Company azising out of die status of the title to the estate or interest or (he status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: October 30, 2006 at B:00 AM Case No. PCT20848F4 2. Policy or Policies to be issued: {a) ALTA Owners Policy-Form 1992 Amount$ 4,100,000.00 Premium$ 7,149.00 Proposed Insured: Rate: Standard L. RICHARD MATTAWAY and LISA C. MATTAWAY {b) ALTA Loan Policy-Form 1992 Amount$ 2,000,000,00 Proposed Insured: Premium$ 100.00 GIBRALTAR PRIVATE BANK & TRUST COMPANY, ITS SUCCESSORS ANDlOR ASSIGNS (c) ALTA Loan Policy-Form 1992 Proposed Insured: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: JES 2002 GRANTOR TRUST AS TO AN UNDIVIDED 81.23% INTEREST AND JULIET E. SHIELD AS TO AN UNDIVIDED 38.77°h INTEREST 4. The land referred to fn this Commitment Is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PfrKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO.81611 970.975-1766 Phone/970-9256527Fax 677-217J156 Toll Free Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. ®fJ~~7 EXHIBIT "A" LEGAL DESCRIPTION A Tract of land situated in Section 20, Township 10 South, Range 84 West of the Sixth Principal Meridian, more particularly described as follows: Beginning at the North Quarter Comer of said Section 20, Township 10 South, Range 84 West of the 6th P.M.; thence N 89°34'30" E 300.00 feet; thence S 38°07'10" E 314.00 feet; thence S 89°34'30" W 516.00 feet to the Easterly right of way line of State Highway No. 82; thence the following courses and distances along said fight of way line: N 52°58' W 256.02 feet 132.49 feet along the arc of a curve to the right having a radius of 533.00 feet (the chord of which bears N 45°50'44" W 132.15 feet); thence departing said right of way line N 89°34'30" E 321.36 feet to the point of beginning. Being Parcels 1 and 2, Smith Exemption Plat, recorded December 28, 1984 in Plat Book 18 at Page 81 SCHEDULE B -SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper Instrument(s) creating the estate or Interest to be (nsured must be executed and duly filed for record to-wit: 1. Duly executed Statement of Authority for JES 2002 GRANTOR TRUST, a trust, disclosing the name of the trust, and the names and addresses of the trustees empowered to act pursuant to CRS 38-30-108.5. 2. Delivery to the Company of an executed copy of the Trust Agreement for JES 2002 GRANTOR TRUST for inspectlon and approval prior to issuing any pollciea. Subject to any additional requirements deemed necessary by the Company upon review of said Trust Agreement 3. Duly executed and acknowledged Deed, From :JES 2002 GRANTOR TRUST AS TO AN UNDIVIDED 61.23% INTEREST AND JULIET E. SHIELD AS TO AN UNDIVIDED 38.77% INTEREST To : L. RICHARD MATTAWAY and LISA C. MATTAWAY 4. in the event the loan to be Insured' hereunder is a construction loan: The following must be submitted to and approved by the Gompany for the issuance of any Mechanic Lien Protection, Survey Coverage or any other coverage not usually granted under a construction situation. (1) Curcent Financial Statement from the Owner(s) of the land herein. (2) Current Financial Statement from the General Contractor of the protect herein. (3) Copy of the Construction Budget. (4) In the event that construction has commenced or architects, planners or other persons, firms or others that would have lien rights under Colorado law, evidence of payment must be submitted along with a copy of all lien waivers for all work performed. (5) Foundation survey if foundation is in place. NOTE: The above requirements in noway obligates the Company to grant such coverage and may be subject to any additional requirements and/or exceptions as deemed necessary and also reserves the right to cancel this commitment of any time for any reason. If the above is not provided to the Company or it is not disclosed to the company that the loan to be Insured hereunder is in fact a construction loan, any coverage given under the final policy if not disclosed to the company shall be deemed void and of no effect. By acceptance of this commitment by the proposed insured, it agrees to be bound by the above requirements and/or statements and conditions. (Continued) ~.~®e~~ 7 SCHEDULE B -SECTION 1 REQUIREMENTS -Continued 5. Deed of Trust from : L. RICHARD MATTAWAY and LISA C. MATTAWAY to the Publlc Trustee of the County of PITKIN for the use of :THE LENDER TO 8E INSURED HEREUNDER to secure : $2,000,000.00 6. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 7. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 4288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) e. Complefion of Form DR 1D79 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Properly in the State of Colorado. (This instrument is not required to be recorded) ~Vt1L~? .~ SCIiEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or Intersect the premises hereby granted and right of way for ditches or canals wnstructed by the authority of the United States, as reserved in United States Patent recorded March 13, 1923 in Book 55 at Page 265 and recorded in Book 314 at Page 686. 8. Terms, conditions, provisions, obligatons ahd ail matters as set forth in Resolutions of the The Board of County Commissioners recorded December 12, 1984 in Book 478 at Page 40 as Resolution No.84-127 and recorded April 19, 1991 in Book 644 at Page 481 as Resolution No. 91-34 and recorded November 21, 1991 in Book 662 at Page 574 as Resolution No. 91-17. 9. Matters as shown on Smith Exemption Plat recorded December 28, 984 in Plat Book 16 at Page 81 and 1041 General Submission and Scenic Overlay Plet recorded June 16, 1992 in Piat Book 29 at Page 12. 10. Matters as set forth in Agreement Concerning Water Use and Water Rights recorded August 27, 1992 in Book 687 at Page 230. 11. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded October 10, 1998 as Reception No. 397904 as Resolution No. 96-276. 12. Terms, conditions, provisions, obligations and all matters as set forth in Determination of the Hearing Officer of the Community Development Department recorded December 10, 2004 as Reception No. 504983 as Determination No. 30-2004. 13. Any loss or damage resulting from of the affect of the Independent Resurvey of Township 10 South, Range 84 West of the 8th P.M, commonly known as the Harpin Survey. '~~I1(~11~ ~~_ ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT20848F4 SELLER: JES 2002 GRANTOR TRUST AS TO AN UNDIVIDED 61.23% INTEREST AND JULIET E. SHIELD AS TO AN UNDIVIDED 38.77% INTEREST BUYER: L. RICHARD MATTAWAY and LISA C. MATTAWAY The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: NONE REQUESTED For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee oF. $ Exceptions Numbered 1, 2, 3 and 4 will be deleted from the final Title Policy, upon compliance with the requirements set forth below. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this comm(tment. THE FEE FOR DELETING EXCEPTIONS 1 THRU 4 OR ANY PREPRINTED EXCEPTION IS: $50.00 Exception Number 6 will be amended to read: Taxes for the current year nat yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unflled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the comparry that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums andtor fees for such coverage. NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) JO~~;? 5 ENDORSEMENT SCHEDULE FOR LENDERS POLICY FILE NO: PCT20848F4 BORROWER: L. RICHARD MATTAWAY and LISA C. MATTAWAY The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: Form: 8.1 $35.00 Form: 100 $35.00 Form: 100.29 $390.00 Form: 110.7 $30.00 Form: 101 $1169.00 Exceptions Numbered 1, 2, 3 and 4 will be deleted from the final Title Policy, upon compliance with the requirements set forth below. Exception Number 5 will be deleted upon recordation of the documents called for on the Requ[rement Page. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for prior years have been paid in full. NOTE: A satisfactory affidavit and agreement Indemnifying the Company against unfiled mechanic's and materiaimens liens, executed by the borrower and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding devebpment, construction or other building or work are disclosed to the company that may fall within any rien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. JOJ?46 ADDITIONAL INFORMATION AND DISCL03URE5 The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, It any, required under Schedule B-Section 1. (2) Water rights, claims or ti0e to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's tRle insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exGusion to coverage relating to unflled mechanics or matedalmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unflled mechanics' andlor Materialmen's Liens executed by the persons indicated (n the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained In this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible far the recording or filing of legs! documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate 611181.14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1D88 (CRS 70-11-123) If Schedule B of your commitment for an Owners Title Policy reflects an exception for mineral Interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy In the property and (b) That such mineral estate may include the right to enter and use the properly without the surface owners' permission. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. ~~~) PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-17661970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACT1ON5 REGARDING THE CLOSING OF THiS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO.81671 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2020065129 REFERENCE:PCT20848F4/L. RICHARD MATTAWAY and LISA C. MATTAWAY J®~~1~~ ~ Pitkin County Title, Inc. Privacy Policy ~. JVe collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. '' I'!! ~l 9 n tl ~:.1 .. ~ `J Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recagniu and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy ' ,aws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom u is disclosed, will form the basis for a relationship of tnrst between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forrts we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates, or others; • From ow intemet web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies. Our Policies Regard[ng the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or inWsion. We limit access to the Personal Information only to those employees who need such access in conneMion with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate seWement service providers. We also may disclose yow Personal Information: • to agents, brokers or representatives to provide you wfth services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may fmd of interest. In addition, we will disclose your Personal Information when you dvect or give us permission, when we are required bylaw to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, For example, when disclosure is needed to enforce ow rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain yow Personal Information. Right to Access Your Personal Information and Abtltty To Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain cucumstences, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Infornation. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Celle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provido you with more than one fmancial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. i1Qr~~~~ Att~9P~'~'i~nt IIIIII IIII II~III I III I I IIIIIII VIII I I II II IIII III) 50 4983 t t t, ~ SILVIR ORVIS RITKIN COUNTY (.0 R 0.00 D 0 00 DETERMINATION OF THI; HEARING OFFICER OF TIiF. COMMUNITY DEVELOPMENT llF.PARTMENT OF YITK.IN COUNTY, COLORADO, gppROVING TILE SH~LD 1041 HAZARD REVIEW qND CONCF,PTUAL SUBMISSION lletermination No. _2004 RF.CI7'ALS 1. Juliet Shield ("Applicant") has applied to the Pitkin County Hearing Officer ("Hearing Officer") for approval ofa building envelope. 2. The pazcel is located on State Highway 82, approximately 1.5 miles east of Aspen, and is more specifically described in Exhibit A. 3. The parcel contains 3.3 acres and is anon-conforming sized parcel in the AFR-10 zone district. 4• The parcel was created prior to June I2, 1978, and has not merged with any adjacent parcels, and, therefore, is exempt from growth management up to 5,750 square feet of floor area. 5. The original 1 acre parcel was increased to 3.3 acres through a lot line adjustment in 1981 -the plat was recorded in Plat Book 16 at Page 81. The Planning Commission granted 1041 hazard review and scenic overlay approval pursuant to Resoltrtion No. PZ-91.17, The BOCC granted general submission approval pursuant to Resolution No. 91-34. The 1041 site plan was recorded in Plat Book 29 at Page 12. The BOCC granted an extension of vested rights pursuant to Resolution No. 96-276; the vested rights expired in 1999. 6. The Hearing Officer considered this application at a duly noticed public hearing on November 16, 2004, at which time evidence and testimony were presented with respect to this application. 7. The Hearing Officer finds that while the proposed building envelope is adjacent to elk winter range/critical habitat and an elk migration corridor, the impacts of the development can be mitigated. 8. The Hearing Officer further finds that the building envelope avoids wetland or riparian areas adjacent to the ponds, is located on slopes of less than 30%, and the wildfire hazard is rated as low and can be mitigated. NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Shield 1041 Hazard Review and Conceptual Submission, subject to the following conditions, which shall run with the land and be binding on all successors in interest. I . Tltis approval and the conditions herein shall repeal and replace Planning Commission Resolution No. PZ-91-17, and BOCC Resolution Nos. 91-34 and 96-276, and their conditions of approval, 2. Prior to submission of any earthmoving, access, or building permit applications, the Applicant shall submit a 1041 Hazard Review Site Plan to the Community Development Department for approval and recording. The mylar copy of the site plan must be signed by the owners prior to submittal for recording. 3. Once the location and design of the residence is determined, a detailed rockfall and avalanche analysis shall he performed by a qualified professional geologist or engineer. The analysis shall be reviewed and ~n~~~en3 UU , ..: Hearing ()facer /Jelerminatinn No. 30 -2004 I IINIIVIII IIIIIIVIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIII 504983 a r„ge z 11 IJ SILVIp OPV SS P[TKIN COUNTY CO lZ/30/2004 31 approved by the Colorado Geological Survey prior to issuance of a buildin a a. ee o e. ae Development Department shall review and approve the mitigation plan priorto issuan ce f a y builcJ ng permits, and the Applicant shall comply with any specific mitigation measures recommended by this analysis. 4. A structural engineer shall design the foundation walls and footings to resist lateral forces and to insure proper foundation design for soils, which are likely to be hydrocompactive. 5. Prior to submission of a septic permit For the new residence, 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. 6. Prior to issuance of any building permits for the new residence, the Applicant shall: A. Submit an application for Scenic Overlay Review, once building plans are prepared. B. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. C, Obtain a County access/drivewaypermit to improve the driveway. D. Obtain a CDOT access permit. E. Submit a mitigation report from an engineer or geologist licensed in the State of Colorado. The report shall demonstrate that the site can be engineered in such a way that there is no hazard posed, and shall show the area of disturbed slopes, any re-grading required and the size and location of all mitigation devices. Any new development shell be conditioned upon compliance with the report. F. Submit a drainage and erosion control plan for review and approval by the County Engineer. G. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. No parking or other construction rela[ed activity may occur within the highway right-of--way. H. Pay the applicable road impact fee. t. Obtain approval of a septic permit from the Environmental Health Department. The septic system shall be located within the approved building envelope, and must comply with the setback requirements from surface and groundwater sources. A qualified professional engineer must design the system. 7. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the comers of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until a Certificate of Occupancy is issued f'or the residence. g. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Within 30' of all stmctures, all upland brush species (oak, serviceberry, chokecherry, sagebrush, etc.) shall be removed and remaining stumps shall be painted with Garton herbicide to prevent resprouting. Wetland species (willow, birch, alder) may remain, unless within I S' of a window, B. Within 30' of all structures, remaining trees and brush shall be thinned so that a minimum of 10' spacing shall exist between tree crowns, except for aspen or cottonwood trees where ladder fuels have been removed. 14 ~~1~~`~? //eurrnK tlllcer Ocrerminuliun Nn. ~. ~//p./ 5©4983 /'u/{CJ All other vegetation shall b I IIIIII VIII IIIIII IIIIIIIII IIIIIII VIII IIIIIIII IIIIIIIIO tziteoza00e6t . to e kept to lesa than I m height within 30' of all structures. D. All branches from trees and brush within 30' of all structures shall be pruned to a height of 10' above the ground with removal of ladder fuels from around trees and brush. E. All deadfall within 50 feet ofall structures shall be removed. F. Installed or native landscaping within 20' of the residence shall not contain any brushy or coniferous species. Aspen trees may be planted, but not within 10' of the residence and shall be kept limbed to 10'. G. The Applicant shall be responsible for the continued maintenance ofthe defensible space vegetation requirements. 9. The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shal l be constructed with a Class A roof covering or a Class A assembly as defined in [he UBC 1997 Section 1504. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: I) All roof coverings shal I be constructed ofnon-combustible materials and installed on a Class A roof assembly, 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris. Prottvsions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. B. Vents shall be screened with corrosive resistant wire mesh with mesh % inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All Flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure, F. Weeds and grasses within a ] 0 foot perimeter of all structures shall be maintained to a height of not more than 6 inches. G. Swimming pools or ponds shall be accessible to Fire Department vehicles. H. Fences shall be kept clear of brush and debris. I. Wood fences shall not connect to the structure. J. Fuel tanks shall be installed underground with an approved container. K. Propane tanks shall be installed according to NFP A 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire- resistiveconstruction on the exterior side of the walls. L. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. M. Addresses shall be clearly marked will[ 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. N. New utility lines shall be buried within the driveway. 10. The Applicant shall comply with the following to mitigate impacts on wildlife: ~0t.39?23 Hearing Oj~cer Determination No. ~! _2004 Pu1{e 4 B. C. D. E. A. Dogs shall be prohibited. I IIIIII VIII IIIIII VIII IIII 1111111 VIII III VIII IIII IIII a 50 0983w t t, Installation and use of approved bear-proof trash containers is required, pursuant to the 2001 Wildlife Protection Ordinance (k010-2001). A fixed all steel bcar-proof trash container is highly recommended. Native vegetation shall be maintained outside of the building envelope. Any areas disturbed outside the building envelope must be revegetated with native plants according to a revegetation plan submitted by the applicant and approved by the County prior to issuance of a certificate of occupancy. Fruit-bearing trees and shn~bs should be avoided in any landscaping due to the high level of black bear activity in this area. Fencing outside the building envelope is prohibited. I t. Exterior lighting shall comply with the regulations of the Land Use Code in effect at the time of installation. 12. No development, including, grading, excavation, fill placement, beaming, landscaping, vegetation removal or disturbance, entry or ranch gates, well or septic system shall occur outside of [he approved building envelope, except to comply with the wildfire mitigation measures provided herein and to improve the driveway to comply with County standards. 13. All areas disturbed by construction shall be revegetated to limit water consumption and additional runoff within one growing season after completion of construction. I4. Development shall be limited to 5,750 square feet of floor area exempt from growth management. I5. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. I ti. The Applicant shall adhere to all material representazions made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 17. 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. Tile statutory vested rights granted herein shall expire on November 16, 2007. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 16'^ day of October, 2004. APPROVED AND ADOPTED this 16"' day of November, 2004. PUBLISHED AFTER ADOPTION F~,O1R~ VEST'E_D REAL PROPERTY RIGHTS in the Ascen Times Weekly on theg7 day o004. Nearing t~cer Determination No. ~-200d Puge 5 I IIIIII I'IIIIIIIIIIII~I IIII IIIIIIIIIIII III IIIIIIIIIIIII 50 098e 61:14 OF PITKIN COUNTYRCO ORADOR Sf LV1F DNVIS PITKIN COUNTY CO R 0.00 D 0.00 ATTES Jams Tay or, Adm ~ istrative Assistant James R. True, Hearing Officer Date II o APPROVED AS TO FORM: .~ Jo County Attorney P143114 PIDg273720100003 APPROVED AS TO CONTENT: ~y HoulxnHouben, Community Development Director ^~®f1~17~ - _.. __. _ _ _ I IIIIIIIIIIIIIIIII IIIIIIIII IIIIIIIIIII) IIIIIIIIIIII IIII 50 0983 6~ . ~. -....._- _ D 0.00 A Tract o! land situated in Section 20, Township 10 Soutf% Range ea r Weat'o!'the Sixth Principal meridlan, more particularly described as follows: Beginning a the North Quarter Corner of said Section 20, Township 1o South, Range 84 West of the 6th P:M. thence N 89 34'30^ E 300.00 feet; thence S 38 07'10^ E 314.00 feet; thence S 89 34'30^ W 516.00 feet to the Easterly right of way line of State Highway No. 82. the:~re the following courses and distances along said right of xay line, N 52 b8' W 256.02 feet, 132.49 feet along the arc of a curve to the right having a radius of 533.00 feet (the chord of which bears N 4b b0'44^ feet); thence departing said right of xay line N BO 34'30" E 321.36 feet to the point of the beginning. Aleo.Xhow Aa Parcels 1 and 3, Smith Exemption Plat, according to the Plat thereof, recorded December 28, 1984 in Plat Book 16 at Page 81. COIINTy OH PITBIN, STATE OH COLORADO J®(~L?f~ f}-Hctchmplr! y ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DDtECTOR OF PITICIN COUNTY, COLORADO, APPROVING THE SHIELD MINOR AMENDMENT TO A DEVELOPMENT PERMIT Administrative Decision No,/~2006 RECITALc Juliet Shield ("Applicant', has applied to the Community Development Director of Pitkin County, ("Director'7, pursuant to Section 2-20.150(b) of the 2006 Pitkin County Land Use Cade ("Code^), to amend language of a previously approved 1041 Hazard Review Hearing Officer Determination to: (1) allow dogs; and (2) permit wildlife friendly fencing outside the approved building envelope 1 • The application was received after July 6'" se Code. 2. The property is zoned AR-10, contains approximately 4.5 acres, and is non-conforming in size, 3. The parcel is located 1 mile East of Aspen. P1D#: 2737-201-00-005 (Legal Description, Attachment A). 4. The parcel received 1041 Hazard Review approval pursuant to Hearing Officer Determination No. 30-2004 (Rec. No. 504983) to establish a building envelope to develop a single family residence. Other approvals that apply to this parcel also include PZ Reso[ution 91-17 (Rec. No. 338722) and BOCC Resolution 91-34 (Book 644, Page 48). 5. The Director finds that the request to amend 10(a) ofthe Hearing Officer Determination No. 30-2004 to allow dogs is consistent with the requirements of the 2006 Pitkia County Land Use Coda The Director also finds the request to amend 10(e) of the above mentioned Hearing Officer Determination to allow wildlife friendly fencing (see Attachment B, Fence Plan) outside the approved building envelope is appropriate subject to the conditions outlined below. APPROVED by the Director, subject to the following conditions: 1. The Applicants shall adhere to all material representations made during the application process. 2. Condition 10(A) of Heating Officer Determination No. 30-2004 (Rec. No. 504983) shall be rescinded and reinstated to say: "With regards to dogs, the Applicant shall comply with section 7.20-70(ex3) of the July 6°, 2006 Land Use Code". 3. A kennel for dogs shall be in place upon Certifipte of Occupancy inspection. 4. Condition 10(E) of Hearing Officer Determination No. 30-2004 (Rec. No. 504983) shall be rescinded and remstated to say: "Fencing outside the building envelope is prohibited except for fencing identified on the fence plan (see Attachment H of this Administrative Decision). This fencing shat] be parallel to Hwy 82, have not mare than two (2) rails, be wildlife liiendly, and shall not extend nay further than 40' from each side of the driveway. Fencing will be inspected upon Certificate of Occupancy" 5. Failure to comply with the conditions of this approval may result is revocation of this approval, or any subsequent permit(s) or approval(s) related to''th((is property, or vested rights associated with this property, APPROVED by the Director, this ~ day of O c.~hQ,r , 2006. C d Houben, Community Development Director rma z~s~-zot-oo-oos P209-06 VrL7.~,1~`. /J:S. M~ ~ ~i>Ar~t IIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIII 5 002/G2008 03:36{ Page ~ ojl 2006 and therefore is reviewed ands the 2006 Land U ®l31~~7 ,. LEGAL DESCRIPTION of land situated in Section 20, Township 10 South, Range 84 West of the Sixih Principal Meridian, more rrly described as follows: Beginning at the North Quarter Corner of said Section 20, Township 10 South, Range 84 West of the 6lh P.M.; thence N 89'34'30" E 300.00 feet; thence S 38'07'10" E 314.00 feet; thence S 89°34'30" W 516.00 feet to the Easterly right of way line cf State Highway No. 82; thence Ne followinG courses and distances along said right of way line: N 52°58' W 256.02 feet 132.49 feet along the arc of a curve to the right having a radius of 533.00 feet (the chord of which bears N 45°50'44" W 132.15 feet); thence departing said right of way line N 80°34'30" E 321.36 feet to the point of beginning Being Parcels 1 and 2, Smith Exemption Pfat, recorded December 28, 1984 in Plat Book 16 at Page 81 IIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIII~IIIIIIIIII'VIII 5306 ee oa:aer JPNICE K VO6 CFUDILL PITKIN COUNTY CO R 0.00 D 0.00 JO!.~~ 28 ,~ I: r~ ~~ i ~~ ~. }~„~' l ~i~;% -~. =. k saK s ~ ~~ k ~i~ d ~~a' t ~ a~ r i ~l P ~.,``~.. IIII~III'IIIIIIIiIIII 5°06e s ea:~s~ COUNTr CO R 0.00 0 0.80 ~0~~?~ ~~~ !ENIGYN~NMI J iT 1 1 ~s ' Ib. _~~ C ~~ rr~~ ~1 ~, !~ ^ ~i 1 51 l ti ' ~ ~ Q ~~: q a k ;e:- `ii9 A :' s a \6 % ' 1~ k~ • ~ ~' ^~ ~ 1. / / .a ~ J, \~A 1 -. 0. ~ ~ ~ S ~ f \ / ~, ~~ .3'+~~ `'~ ~ a / $ ~ ~ d' ~ ~ . ~ J~ Y, ii ! ~ rS[ 7 r, P"• t {f R ' SKY a f ~ } Et da I ` °E~ ~ PK1~tt d>,1, t `~ 3, dart ~~~ f e; ~ Ep lW::~Eayyb s; 5z'y~~Yr: aE e 1. /~a a~ yt~~~~~(~isi~~n~ went r~ ~6 X j.i Y~' 1~~+ ~'`~~ a~; r' L~. z! ~~. 2r 6p ~ M ,~,. ,~ .pf ~ ~.1 ~~ ~ M ~,1 ., ~ .Y~ 5 .'J S li ~ ~Y 1 Ir ,`~ ~ / ., v 1M Ftr ~ etrt '. a ~ 4 , A ~.. .6i! Iii 3 ~54y '.; `~ s b `! ^' i g ~ ~ !S'. " ~ ° fl : N~ b `' , ~~ °< ~ ;, n D s_~ 3 < „ 0 °c~ 0 ~ c o :. v~ ~ ~ iy V u~ ~ =~ ~ H ~ ^ v ~ , ~ O V o fi v . 1 °j , e~~~ f :f . I! fF :.-. ~ f v 1` A ! /rf J~~! 1 ~ _~f F ~~ ,h. f 1 n t? ~ E I o ul i k ~r~j_l ! ~ ~ . l ~- -- ~__ -.-_ , s. p ~' „ ~ , 1 ~ !i ~1! ~1 ~!1 I1~t~ I N ~ - ;.1 J~t;~3U ~: ~~ r: w 1.~ ~~ ~~ ~~~ ~~~~ ~$ ~`~§~i# ~[~~~s' t~=~t, ~~p~~~~ a,d~gT ;- Y - O ~~`~ R~~~N ~~$~~~ oo~ ~ opt Qo® Q ro~ u0 H ~®S; w~u$ a d_ a ~ R fir, ~`1b m ~ ~' b ~. ~~ ~ b m ~ ~ y b M R' ~ ~ ~ b_ a ~~ ~ 3 ~ ~~~ ~~~ N ~Y~ ~'~ ~i^ i~ TV n 'n n e~_a 3 C' (}yF y6Ym ~ ~.S ~~~~ i ~ ~~ s~gi ' s °o~Ag n _,iT. ~` ~ T's E ,~ ~~ ~ r. F E~ ~a ~g;~ ~~ V~¢~? &Yi f~F~y ~s3 ~~ ~ ` {~,' _~' r 3a ~~~ k8 ~~~~ ~ ~ ~~~ Y ~~~ ~~_~ ~~ f$ g~ ~t 8'~ ~~ ~~ ~~t 1l~ ~ ~~ ~ ~3~: ~~ :~;~ ~ f V c i` p ~.1 w' ~a ~ ~ ~~ ~~ ~ ~~ ;h ~~~ .~~~~€ t~ l ~ .f ~ ~~ ~~ ~ b J ~~ o "" J r a o 0 0 ~ o 0 t ~~ i€t~ ~ ~1S t ft ~ i k~ ~ k'~~~g~ t: N ~~ ~,t~ = ~ ~~a~~f= ~ . j ~_ ~~ ~i$}M o"' 3~~t~'g8~`t ~ ~g i ~ ~fl~ t~~~g ~~~ ~~ ~ 3 '~ ~ ; ~ R~ , 1 f ,~ ~ ~t~~~~ t~ ~t ; R n. ~a °~c. ~ ~~ b~ N~iD N Q b ~ "'S c ti 4.~ a g ~ ~' ~• 4 o ~ ti ~ ~ ~ b O ~ b cp ~ b b " ~ m P4 ~~y V J 1 ~. a ~. hJ .,.,_ ~R{1~ / 3c / ;g~..=$a ~% / / i~k..'.~ ^°~ / i 8`~ a a8.g d i / ~s A; 'i i ° / / 1 rYx e` / ~ 8 \ 3 " m z ~ / ~ e t, r .. z3 s Y e~' Rn~ _ y . w ~. d`~i~ sn"'" v,, la `'S~ n S m / ,/ "/ _ ' ,h ,~ „mac' ~ ,s'm.`~vi' s ~' ¢ti > ~ ~~C ,'~~ r ~~ {: i' n Nmn-_N 6 .~ p~0 ~ ~ FW m= i`,t' f im°.{ ~i"f Y ~~„s y~I ~[[ O.C °n ~ ~w _ An ~S~m5Oi~m / yQ /9~~ /! ~ 4'_ ~r n m~ 1 ~a nO pom Z7 / ~ / w ~y yy se ~£ ~~ v{ 1` q b V O_ %O C ~ / o, LS a mm0$$Z / / ~~ 'f visa '~ ~ y € _ UJ~01 3 / - - ~~ '~ti ~s y~2~~ 1 ~3 i ~ ~ ~ "a L \ 11JJ a_ ~ a ° ~. mo ~ ~ ° °° R a yY ~,r r x t ~, b ~t R t _ ° ~ ~ ~ ~ ~~~ ~~ ~ ~ n 'u"me n ° ~ ~ b.. ~ / _ ~ C ~- ~ A~ ~ ~ .~ ~ ~ V ~, R w ~ ~ z ;b ~ x W ~ m ~ ' I ~ ~ III ~~ o t ~~~ ~e ~a",~~ ~ AA ry. I _ i ~~~ ° ~ _ ~ .d.~° ~ ~ z x s ~ 5 ~ ~D a" o m Lam, z ~', ~ g-~ g g _ m~ _, _ ~ c ~~ y '.ti uv8g r &39~m i p\l m ^o e~• ~ tt tN eY tH8{ HnmH 3 `m j ~ ~• '°~^~~i ~ ill a'o n~a~ ~. ~pO° ROOD ~ti a ~,.,~ i n 404Q '^ km m'a ~ p ~ ri .t $a~ ro ~ > ,a° _J ti%o R `O in 0 ~ (~ N1~ 1 ~9~' p y m 0~ `(°n~ N°° b,~ib g ~ ~ ~ b cti. OA ~ ti 4' ~ ° , ~" a 3tl ni Zvi%N ? ~i ai u°` § o Sod oa@~ oaa~ Lei oq bi ono oh4a°m nn of i i 3 mi oz ~ ~ x31 E s Ri z~i BaS M'• ° a".a m °e~Y3. o S~`g'~`~$4n °+ h °z ~ ^i i no 3 M:i ° o~ g ao`o; ,~ n,~,g I gO~ dg¢n ~=`~ i'$''8°->0~ °. ~3~m o Bow %3. '~8 ~a~ L ti. ~ a 8 S' 4 3 n ° S x e° a ,', `a~S ~$ :~ R n. ~ '~ ,~ Fg a 'I °al ~o ? I 9~~ ~ ~8s ~~" B 'a R°"~ ;~~N;^° ° Y~' ° a. €„ 3 ~C ~ N `y o~ 4 °F $I RSi ,"a t' =i ° $°~. F ~ aa'°dn °~o '30 o;°Naec °'.~c gm$s`~~" "" ?° Q1 ~ g i a n ° cRB o` oa- cm $ `ASS `':. ma. ~ 9 k' de g ~ ~ gi °i^°3 a %R ~~~ n°• ~ t t $ocY~ x aam i 33 i° oc iaa 7~~3c a~B saaS~m' ~3'Bd ~Na°" 'e go' a~ n ti a 4. I l go °3i R "'3x ' ,00o Bc- ay:~~ 3g"R k°z °.$ Y~o^o ~. o° °i:a .,z iS °~ :c 4t ~ ° 8~c ~ $ I ~ 'ggY 3' u c ,'~. oRE d_ ,3 °k .. ^oi °'N'o~': .. Ny e ~'~ i i ° ~ as >4"° P i 4`aE3 9a ,~8 '3° ~' g 4Ra n4~m R a~@~°$ ".a ~$ ~5 5 M I i ~ a: of ~~ ota 8 i ~ >~"°° d~ ern ~ °a "~t ;° 3 ^$~a4 @08'° '$a"s S 45 a~ 3 x d go ~ oa ~D e°w i i ",Rm ~ aY5 ;; i 'doom ° >_$ 3443 ~oo °" oo> °y a' 32:' m°'zu ~'° h , 3 V. ~ ~ ' ~aE' F' ~ R~°° S ~ ( % ^ae~ ~ c84 ~~^a S°v t~a ~$,~g" ~^ °'4 '' z'gm~ ~~ ~o RT ~D m s' i ' a~~m s I ~"e-~ ~' o. RoC O°e °pa~. 3 ~oRj Q.aidU'.,°~R ?> o> ~ a°e ^R i i Y'a ~q 2'3 coma .. a 4 A°~~°a'R< ° 8g4w 3R g^a o dti ~? ~e & s g ~ mo I ~ROne ~ m~`~R > ;L~ o~q°q~ ~a4 eaa m~~m~°~ ^oE° oa~~oa~°m a. ^~ e; d 3 z ~ Ec° I g' of <° ~ ~ay: $ oa v°2 nm^o<m. °R~R ~.i e:°~~°m6 aF m' ~.< 1 ~ ° ~ I >3 ~ B~Ep ~ "'~~ $ $ma gl s' asx ~ ;R ' 'oaa =~oa~Ra~° z n~ a N n^ 3~4 p.3 ~ <'a Sn '~° oo ~°~8 4a go ~~° v^'3. °3'"~u°$Mi 3° ye g° a g oo% oai R. ~°dEEg $~ ;~~e nsv 5 FN~ y.a N~~~ eoa`mg ~ g~ g~ ~R m ' °e$8 'gi~ t~'$o s4 °~oo -°o =d o" 'o$ ~°°a ww ~u ~~'$vu' s~ ~o $N. q C? x ~ H °4E j4~i4 €~t3 mo 9Em" c±~ °a :$'m i o°'i~o'o'~^O'o °ga o° a g i >at° ~m~° ° ~SA o~g. ne ~ 0~~3 2°°."" MO On $i~o~ &: °~ 8€ ^ ~ - " ~ ~ Attachment PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff PHONE: (970) 920-5093 y3251 Hwl~ 82 LOCATION: one mile east of Aspen SH 82 PARCEL ID #: 2737-201-00-005 OWNER/APPLICANT: Rick Mattaway REPRESENTATIVE: Glenn Horn ZONE: AR-10 Type of Application: Minor Amendment to Development Permit DATE: September 26, 2008 E-MAIL: suzannewCcilco oitkin co us EMAIL: phorn al~.rof net Phone: 925 6587 Description of Project/Development: The Applicant proposes to amend the approved building envelope for a 1041 approval (Hearing Officer Determination # 30-2004 and Adminstrative Decision 101-2007) for a minor change to approved activity envelopes to accommodate soil nailing and a retaining wall along the driveway. Land Use Code Sections to address in letter of requesUapplication: • 2-20-150.b, Minor Amendment to Development Permit; • 7-20-120 (d) Standards for Scenic View Protection Areas -Improvements will not be visible from the Road. Review by: Community Development Director Public Hearing? NO. FEES: $773 (make check payable to "Pitkin County Treasurer") • $748 Planning flat fee (non-refundable; based on 3 hours of staff time; if staff review time exceeds 3.6 hours, the Applicant will be charged for additional time in excess of 3 hours at a rate of $249/hour) • $25 Clerk Technology Fee To apply, submit 1 copy of the following information, unless noted otherwise: 1. Letter of request summarizing prior approvals and addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; 2. Revised site plan 3. Consent from the owner of the property for the representative to process the application and represent the owner; 4. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 5. Street address (if any) and parcel description, including legal description, and 8-1/2"x 11"vicinity map locating the subject property within Pitkin County; 6. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (form attached); 7. This Pre-Application Conference Summary Sheet. €~O!J~3~ NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). - ALL MAPS SHALL BE FOLDED. - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information maybe required upon a complete review of the application. ®~~~3~,. c~ ~:~ C..~ C.P} 0 2 i D m N ,~ F~ D D ~2 ~a ~~ r D 2 ~, 0 i ~ 0 ~' 1 I i ~_ _ I 0 n ~--.. a k i I I ,i , ~ ~ ''' ' ~ 'i ll~ i i i, ! I,~ r r r r ~ ~ ~ ~ 0 0 0 Q `_'~F-30-2006 16:1} Frorn: RICK MATCAWAY S.R40 SW 52 Avcnuc MIAMI, FL 33143 September 3U, 20U8 Suzanne WolffAlC'Y Jotuma Schatfiler Pitkin County Community De velopment Department 1.3U South Galena Strcct Aspen, Colorado 81611 Re: Mattaway :Land Uxe and Variance Applicatiunx Dear Suzanne, To: 19709255180 F.2~3 ~~~~ment This letter authorizes Uavis IIorn Incorporated to submit a land use application and a variance applicartion for my property loctued east of Aspen on State Highway 82. You may cunttul me at 305 662 ] 42 ] . Thank you. ~O]~L~6 SEF-30-20x8 16:14 From: To: 19703255180 P.3~3 PITKIN COUNTY COMMUNITY DEVELOPMENT~EP74"" m e n~ AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Rick Mettawav ~ Z' (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to COUNTY an application for Minor (hereinafter, 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 00&2008 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completaneas. The fee structure is based on the County's policy that development shall poy, in full, the cost of development review in Pitkin County. Fees have been set to ba consistent and fair t0 the public and to reflect the expanse incurred in providing such services to the public. 3. APPLICANT and COUNTY agroe that because of the size, nature or scope of the proposed project, it may net be possible ai the time of application to asceAain the full extant of the costa involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes mere than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable fpr COUNTY staff to complete processing or prosent sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Doard of County Commlaaioners to make legally required findings for project approval, unless currant billings are paid in full prior to decision. B. 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 a base fee in the amount of S 773A0 which is based on 3.8 hours of staff time, and if actual time spent by staff to process ?he application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic paymentg shall ba made within 30 days of the billing date. APPLICANT further agroe8 that failure t0 pay Such accrued coats shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben Community Development Director Effective 4/9/08 G~countyiadmin5formslagreement to pay ~0''~r~~ Mailing Address: 8!340 SW 52 Avenue Miami, FL 3S14S PITKIN ~UNTY COMMUNITY DEVEL~MENT Permit Receipt RECEIPT NUMBER 00026775 Name: RICHARD & LISA MATTAWAY Date:10/2/2008 Project Address: NO ADDRESS ASSIGNED Type: check # 6112 Permit Number 0118.2008. PLAN 0118.2008.PLAN Fee Description PP- Flat Fee PP-Clerk Tech Fee Amount 748.00 25.00 773.00 Second Amended Richard & Lisa .~fattawa ~~ y 1041 Hazard Review Site Plan Parcels 1 & 2, Smith Exemption Plat ~a~. Pitkin County, Colorado _ ; ,~,. ~, ,e„_,,,ee" z„~:a o~ ~~ „~ as ~o a: "sa ~., ~^ ~~:. /' Percel2 /~ _.."._ vnt amt [4 Pye e! ae eity e.. ~ep_<a ~{V __ 3r `Vi ' -, ~ __ - ~ ~:'~ x < s ~a .:~ -n .. _ '} "~` _ ei~ ^ ~ ~ ` { . ` .\ v ~3pF4'_C SCP1.e 1 trc[R PE6T 1 rc c]ing A { al Ecv I cis oro ro - fie ~ze o :^e w:: yiny^ =eromFe :o arroa.rocv`s ~°to:,-cy wo:r= ~:..ny _ _niewoy. a ,a_ Parcel P P/e/~MMN 1"z. •% SOl)a'ert Rc Geller £me: cpe= ~,. - ... « r_F. f '~/ M., i° 1~ "° i+ \ }sJ Ad 'fllan to ~r \' / A.L bi ty s~C ~E En:elcne J1 °5 0x[vn _ _ . s.._ .~. .,w ~ _ _ .,i a~ =rz:1r __ - ' T"J!'J!'P2 rt 3 ° _, . _ e pnr vG *+teae 4 :. c Ms-zry .r Sza.^J M.arr Srte ~.nx ss ^ro^YG~A Wo: acck v5 5! aoye .i - vFrb: ~ .°arc vnC 1, 5 n E.emp!:o . Mcr n _r =ey° e% -t... :~,.+y. ra:eaeP ..a .Omakrey >«_.cnen ,:. - rod ~= aaoao , - n z9, ' aerp ' ~5e ea we:r .... a ~xs -'rmaza, /-Men. n,e~ ,.e a ,a~y~oaec+oee n: o,o.-e. _ - :iey et !ne ."~< s,;e snren zo. ' ro s~. m, =onye er weer a~ ex sine= w, md,ae ney'x:5or , z.,rcnc. ,. Jw^.03 Ys cJaq%"Ck c dstam-e JJI v PoeC' t 595'JS'Ja Y' LLes ono c SfEx ree a:Y .r,.; errv y , r sm!e -:q.,ay m a2, tna^ce :ne t:rve:--m; - a.;> > n~.r-e•-. r ~/. e: n5rsa'xw o , yes zss ~z near. +b^ms _'2'. S5 r. /7r9 =n c/ o re fca:cn ^yht Vriry ; vC'ss of 5 4N /me e: oo.e s~ M:cn xe¢ NsSY'24W a 2srar_s JZ'S 'se 4in9 sci0 +yht-o'-wY 'ine VP9",da :m?" o on._v_e +% S['~'JE 'ee. .~ . _ .w...r of D^givnmp. - n+ys.' Y95S4 SE-d y oeq^~tqv seuti +LYra o wf^wes ro s:^4 a criee>+X or a^> ~ sovlMasr ,. _- _ em9 0 xnr ene er-r s:__:_ s rv y menemo..s nf! 2C:J 1. - /cps v omP'k tl!:a w Y :nanCS: SmM E mptrn abt v rMeC :• °At 9cai :5 0 %cys 3' c : J:e 'Ct1 ~nvm 90rrNah,; ad Scenic Ow+w f;crJZtl /n °b! 2saw Y9 a owe z, snie:e 'cs; n x ae.ew 5 * aoa,, z+ a °c9e ez an0 ; ore =xrmvet ~R ~tt~ r 's'; 4^IO.:` . cc~.e> n ?~N Beax 45 s[ aye 9J ., n ~~ ,....e ..e OW snC 45caeq a:fnb 5 vmy. :v.emr.... ?hen sDOwn s+ Poi2 -:oP c -mY remPk!sc ~- '392 e a rrcm ro ,o,s :.nw...~ ma roa: ,:e,em %.'.miss%o^ aan~ sane 9s y .mcF r - Rha-e :.> .: c Vvtton r Se~ui2N Me sv iect oo m lu. s: v1'e~iy/v s ml b Ne caNef''o! N LM1a Sf./nb `GZ w ry.p Porew 52s .on vn [.7 ~s aro^ob n 3ooM JI o_ s 6] 4:nn i^:y, - eY _ A n 5' N' . F N' ePV. ~ _e4~ .e. w°•eParean. ~,+ amply na RenmrY.~p!.x fe^ ~~1.^.^] r ;o: h, c mzpiert tis. 5b.?5CP e .ce~Jac n e .., _..f .m le.+v eM .Geao•eN. =ittY ~..n'Y. =ak"ex5 Om~) •GS' Moidd 4eWV IMrY.y mU wa(w - v y D '.a ec y y/ _ f ix ~ a t x mY+i a p M C "aa / Y Gr r ,s _, c/ y .. yJ /'y2C a +ecS wA • rn.ee rt y p >ry p-Terry 1~1:}.~w~µti _,u u r . P'bn Co.M[Y Cbnmvnitf ~eszeanmf u'3ttmr ApP/e~ °:sF vb - Si Dec. -- se T2yt C D f !c f a f.. _arm nny .;e.Nwema-...,.tircry,; Attq+tarva /o- Rxmd+y T.24f yF.. ee ~X P.r eyf y::.-y nej.{' t ~ ~~ 9ec-re c rt' .r y >cY c ~^ "= 3CLb '. °nf 5 ~_ ..e°oye i .yyl ~ __ T-f+'-'r-- ,~ .. o; ~F LARGE~PLAT(S) r. AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AVAILABLE TO BUY AT CLERK & RECORDER