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HomeMy WebLinkAboutpitkin.boa.87.04BOARD OF ADJUSTMENT .c. DATE Febrita_ry F ~ 19 g~ CASEN .87-oA APPLICANT John C Baker ADDRESS P.0: ~$ox 6404 •'f John G. Baker Snowmass Village, CO. O47NER__( v..-~ < K Knrnpi ccl n ~ yin ~„~..-ryn ADDRESS 51615 LOCATION OF PROPERTY_Lot 20, Holland Hills at Basalt Subdivision Any pertinent data must,adcompany this application., and will be made par this Case No. $7-04 The Doard may return this'application~if it does not, contain'.all the fac in question. Applicant's.cles;cription.of prdposed variance Showihq justifi'catior.3 Lot ddesn't meet Pitkin County Area and Bulk front setback requirements in District AF-1. ` .The request is to reduce the required front setback from 100' to 42'. The lots in this area of .Holland Hills do ndt have widths enough to accomodate the. required setbacks. Several variances have previously beeh granted to help mitigate this. Applicant Signature '~- Provisions of the zoning resolution requiring.tfie Building In'spector.to ran.t.in ais application to the Board of Adjustment and reason for not forward th g g buiding permit: ~ , ~.~©\\a~c~. ~•lts ~c-LGsa»~seavj s .zo.N.~:~ is 1AF-l '~Rs~c{i.ctcelw5 ~ ~~-~ ~ , ~a~~ s-a~~«e~'.,.. ~ . sa -~~.. ~~<d..e, y~,,~ bask. , 3 0-~~- ~~~~ ~a~~ ~~k: ~~- ~,.F'Q\'~w~ ~S '~-s~.-cufs~~w>~ 0., s7.-~ ~e:t?~acs.~'~-~'~'~ Building Inspecto Date Permit rejected: Board decision Application filed, Date Mailed Secretary.BOardof Adjustment BEFORE THE TO A,LL P VARIANCE Pursuant to P,itkix~~,CYou~nty Resolution of June 5, 195'5, as -' amepded, a Public Hearing wi'1`~"be held and the ~ountty Commissi<rners_Room, Pitkin County Court House, Aspen, Colorado, (or at such others.place as the'"meeting may tfxen bey ad,7ourned) to consider ,an ,.application filed caith~ h;e ,,s,Ma~i,,d Boarkd ~of~djustment 4 _ A requesting author y for dariance from the$provisrons of tlie_ Coua? y Zan'ng Reso,lutiY.o`n. ". .., Al persons a heirtvaews,tprotestssor ob,,ectid are invited to appear and state t., ns If you p ona~f ly at such mee`~ixig, 'alien you are 13rged to cannot a pear pers ~~ ~ ~~~~~~~~ ,~ ~~,~: .... , _ .. state your vies by Ietter,'particular;ly if you have'oTjection te. such variance, 'as the Board~,of',,..Ad,justment wi,il give serious ..~ consideration to ahe opinions of surrounding property owners and, other affecte~] „,in dec ding whe£her to; grant or deny "4'heY'r~equest a. _.. s for variance. THE,,PAR,TICULARS OF THE 'HEARING AND OF THE. RfiOUEST."p(D VARIANCE ARE .. uv ,- «. A" ys«w«..,.nm~a~w 45woA,a, ,M+zuxarA~w'ryi~~."a Y„s,,~a `w;gt"~,, `+E~=F"4"S: n~'~-t C~"~`~r".e,~.sn'~«}:~;+a'T~.~~'. AS FOLLOWSc .Date. and time of meeting: February 24, 1987 5.,,1~.p.m, Name and,A,ddress o£ App icant for Variance,:.,, ;, ~.m, .<,w. ~.~...,,~,w . John Baker, Karla Rorneise7;~"~"esiree Von Essgn, P.O,. Box 6404 Snowmass Village, C0 81615` ~ ' "' ` Location of Property or Description.: Lot 20, Holland Hl.ls,,,at'_Basalt Varance_,_Requested: ,,, 57 ";frontyard setback variance.- __ V ~,„ ti,..rr,__, ,, Duration of Variance,„~. Permanent: X -;.,Temporary h .~„.,,,„ , ~,,.~ .. ,,. .,~ . ~,..~,, , ~ . ".., Condition; .~ ~~.,~~.~,_,~~~~,~r,~aw,:~~~:.:x~~~•:~u~N~.~~-a~a~„~~s.~,~._~+,>:~;~~. THE PITK.IN'_. . ,+ Evan G'ul~, Chairman "` °" ...` ~~'s~~ _ ..~ .,.. _, .~. .. ., s,w;~u A.. ... ..~:. ,m.. ,..._z .- H. .on Pti{ ,.., h,w %}~.. wn +~s .p'g.~R ti ~.. t.'`,a~',. r k ~, ~ ~ t~ ~ 1 ,, ,, ~ ,~~•~oi i `o ,~ ,0£ 1'~ ,1 ~y~ 1 p • 7L ` it a ~ m ~ ~ , Q Q ~" ~p 4- ~ c ~ ~ ® 7 ~ 1 ' 1 ~ ..-~ Q S - -.- . - ~' 0 8~ r N ~ - - - -an~ao 0;1 F \ ~ ' $ \~ y 1 I I `Q ~ 1 '~~ ~ {- i LI' I 7 ~ 1 ! 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W. .ww+m, a. •.. .. „- . ..- ._'.-~-T'r'__ M. v .~~. n4^ve.:v l'" ul .}y.9. /A~. ) ,•~}iYl _p~ ._ M ,. -; ~ a :,^~, `~ .. ~' '`' . ~ w • +~ j i r&~~3 ~ pp ~ . r~~~o,~. .. ,~, e• O ''~r5~~- Via{ ~..\ ~,.•;~ Sgfr~f~ .• .-~ /. • i ~j. s P~ ~^• Q\ ~ .~ a '` ~ ? ~" ~ V~ ~~ ,•" . PM ~ L~ .t~ ~` ~ .'27 ~ O.~d t1~:'~ibS g 93 i '~ :;' ~ ~ •. 4? , t S U.Si A~~tES •., ~~ ~s. ~, .. :: ' ,, `, S`` ph may. Yw 9s ~ ~.. `. ,• ~`` o` ~ ~ s.r,; ,. ,.. {:.., .,~- :...ro ~i. roe .,_*.xlA.x w4 ~,..t:,r<ihm+mnea..aa~u,.r_mstta~'as..-f•r~44 ~c.a~~'e~4r ~»rw~,. ~rii:z ,uu :w.~ Minutes Pitkin County Board of Adjustments February 24, 1987 Present: Evan Gull, Chairma Members peter Dolirov't~lnp n Bill Lukes Kandi Shaffran Joe Zanin Alternates Present: Spiro Niar.hos Bob Miller John Howarth Melinda Pearson M, , , Peggy Seeger, Zoning Official was present with staff recommendat39ns. Tom Smith was present and submittedeforhtheeBoard sorevaew, a document relating to Case 87- 01-Barbara Stanford. Gull had two comments; correcting the year in paragraph 22 and he asked+ Seeg?er~for"'a"`cl'arification on ,square footage described in item 27, the calculations seemed to be off. Niarhos moved to approve the Findings of Fact and Conclusions o'f Law, prepared by staff regarding the application of Barbara Stanford, as amended. Pearson se,copded the motion. Of those who were in attendance at the January, meeting, all. were in favor. There were no minutes to review at that time. Case 87-02 Louis Pastor - Lot 16 Crustal River Park Subdivision ..m., ..~Mor .a .....< .~.~ ry, a .eJw, nw a r.n ,w ~...w.r{. ~a., ~~., ak a a.. ~.. ase hail been tabled at the last meeting. Zanin made a This c ,. motion to reopen the case. Shaffran seconded the motion. Bob McCormick was present representing the applicant. At"the last meeting the applicant had only presented a building envelope of the house. The Board suggested that he return with a proposed footprint of the house, which he now had. The property is in the AF-1 zone and requires a frontyard setback of 100 ft; a sideyard of 30 ft. and a rearyard setback of 30 ft. The lot was l10 ft.. deep. The applicant was requesting a frontyard setback of 25 ft., one sideyard setback of 20 ft., one sideyard of 30 ft. and a rearyard of 32 ft. McCormick E_splained that the lot was riot flat, it was close tq the .highway anct the applicant. wanted tp preserve the natural vegetation. Zanin made a motion that a 75 ft. frontyard variance and 10 ft, side .yard variance be granted due to downzoning. Lukes seconded the motion. Pear's on was 'the alternate vciting. All were i.n fzvcir and the motion passed 5-0. _, >_ 1 ~, ease 87-03 - Fmily Snyder Lot 12 Block 2 Brush Creek Subdivision Emily Snyder was present. Her lot is zoned 9F-1 ,anct requires a 200 ft. frontyard setback She was requesting a'70ue ft. front yard setback variance Snyder wanted to set the hous on the flattest portion of the lot'. By putting the house there she was `able to get the most benefit from the solar system. G 11 asked Snyder t.o explain about the road easement. Snyder explained that it was part of the 'B rush C"reek Subdivision easement, it was for if rock were encountered when putting in,the road. Grill asked if her property abutted'a dedicated rand with a 30 ft. easement. Snyder replied that it did. Seeger~coininented that. the lots in Brush Creek were 'irregularly shaped and they had ,.etback or FAR caurface easement would Pave towbeodedzxctedeforntintied that the slculations: See`ge"f .also " ointed out that Snyder also has another driveway or easement on her property. Lukes expressed some concern `tkiat if the house easement was used were located where the applicant wi bed an~u~ie,, ~...~ _, ,,., ,,,~„ ,,_, for recontouring, the house would be right an the road Seeger` said that it looked like an easement for_3ccess to oE~xer p Snyder replied that it was." ~~asked if~Snyder knewewhatswas in her deed. Snyder had her deed, Gull read a portion of the deed, and interpre£ed the easement as he>rng only • motion for the initial xnsta to grant 70 ft. frontyard etback variance, since it was the determination of the llation of the road. 5ha1ncendo~esenot ne • Board that the 30 Ft. road easement as sh on the survey, as descritied"i"n tize title insur ed setback requirement due to own to be added to the front yard topography. Zanin seconded the motion.. tdi.ller was the alternate member voting. The motion was passed 5-0. Case 87-04 John Baker Karla Karneisel and Desiree Von ssP .~ ,w•..~ r_ , - - - _ ~~,. ~ ~., . ~ o ~ . ~a u~~ ~ ; . The lot is zoned Af-1, which requires a 100 ft. frontyard setback and 30 ft. sideyard sethaclcs and 30 ft•. rearyard setback. The applicants were requesting a'frontyard setback variance of 58 ft. AlI three 'applicants were ~ ent. .John Baker stated that.., (` P xn. so small the r, becaus, encroaching intowthe frontyard 5ethould not build without' ack, but they could meet the ntinued that t e back and sideyard setback requiraments. Pe£othe frontyard at. did meet the lIolland dills Subdivs}atedHth~twntrw~sgobvioust~hand the utility easements. Sha'tfran s1.~e of the lot they eau with the ld not m , setback requirement.. T,ukes made 'a mot>gn that b8 Ft. frontyard setback variance due to downzoning. Shaffrah seconded the motion. Howarth was the alternate'votnt;. 'D1ot.ion passed 5 -'0. Case 87-05 David Muckenhirn, 7av Kuhn - 27239 E Hi£~hw~y 82. ,_~, ykp _, . AJ. ~ 2} .. Yv y" ~ t t" David Mvcltenhirn and ,Tay Kahn were present. The applicant ._ . _ -- u 'e `, r x ~' e?'. ..# a s~~ wr~.u7";1~~5 E k ,.~. . ~ ~'.,v . _.tt"~i a~'a ;: was requesting to locate a propane tank and a trash shed within 50 ft. of the highway and a'gazebo in the setback area. The area is zoned AF-l and requires a 100 f't. frontyard sethack. Muckenhirn began by telling the Board that they had gottr:n most of the approdals that were needed for the project. '!'he landscaping was to eliminate a looped driveway. There is a midway parking area so cars don't have to get up the steep €srade. The trash truck and propane truck cannot always make it up the hill. The trash enclosure and propane tank will be screened From the highway; virtually out of sight. He submitted to~the record letters, from the trash company and propane company stating that" they had problems getting up the driveway in the winter. thouf ht~ asked how tall the trash bin is going to be. Muckenhirn and it willwbe screened withfbouldsers,Itreesti~der the,5 ft. limit g hd shrubs. Dobrovo-lny 4.uestioned whether it was considered a structure: • g plied that it was beciusa of the Scenic Foreground Review. Seeger explained that the Scc.n~c because it is under 6 ft. SPe er3sethe.eYb~rsas.oke uprandh' Foreground I7.eview covered as far e highway. Marty and Diane Stouffer, neigh p said they thought the current dirt work was in violation of the highway easement. Gu21 explained that the dirt work that the St.ouffers were questioning, would be regulated by the State Highway Department, not by anyone in Pitkn County. He explained to the Stouffers that the Hoard had a limited scope as to what they can deal with. Gull suggested takngYthe issues' one by Dire. He began with the trash structure, He thought that h7st.orically, if a structure was not 5 ft~. tall~,~ 'it 'was~not'~a sti^uci.ure. Niarhos broright. Che example of an Olympic sized swimming pool,"a structure oezly 1- 1/2 tali. Lykes felt that the Board had an obligat9on chat to review anything that is in the hignway corridgr and the BuiIdi-rg'Departmen't feels is in the [3oard's jurisdiction. Niarhos and Gu11 agreed. Gull did not •rccept that they were structures but felt they should be reviewed because they were in the o0 ft. road corridor. Niarhos had driven up there,'he has a fqur wheel drive truck and he had gotten stuck because it is so steep. he fell there is a hardship; he felt it was better to see a shed where the driver could pull off, rather that seeing `t rash cans and hefty ba'g§ along the easetuehi: every trash day. Shaffran asked about the vegetation. Muckenhirn assured her that. it would he 5crr+ened from the highway, much like the propane tank that is presently located the_resame hei1eht as proposed propane tank is tsv~ce as Iong, but the ~ the one chat's ih~re. Stouffer ~rgain voiced his opposition to the dirt. work by ihr•'~h>7hwav Fe continued that the propane tank was 15 ft. from the }uyhway, hi concern was that the propane' tank woul.cl be vzslhle from the hi~;hway,'would be unat,tractive'ancl Gtated that i.t was nut ii would he there fOTeVPr ?v'i.arhos " • sib le from the highway. Kuhn t•itFrl lliat they trash encloures 'and propane tank were pacrd ~+s f.zr from the highway as the trash company and prop me r•ompan3' r•ould baclt itp in thc.ra wi i h their 1:ruclis. Lukes tell that i;he propane tank and trash r•nctosurPs ~..aa,x ~.-.Wv... .,....,-.r;:1~ay..x~..~~N.i.~.. ~~,,.`.~..M~r'«" ~, ' were the best solutions. Stouffer., said that he had 'nd propane tank if they with the tr<+sh enclosures a visible. GuII agreed with Lukes. Shaffran felt as was not. visible it would be an improvement: nn problem were not ions; as it Lukes felt that there wasn't a hardship for the .gazebo. Kuhn pointed out. that it way not visible from the road. Muckenhirn ._ _ , stated that there was no pl±ace on the loE to pint the gazebo: [{uhn agreed th-+t there necessity, but that he would g ect anyone. Shaffran explained r f tokKuhn that ly' ifaitbdidaxiotoafa,g the'dexisity in hid setback, i.t would be zncreasin where he already had a non-conforming use. She alsg explained reasonable us-e to him. There was general agreement that there was no hardship for a gazebo. Shaffran moved that the motion be granted for the propane tank and the, proposed trash enc~osure;~'"not to e"xcee'd 5 ft. in height as shown on he site plan for accessibility for the utility to lack of dd the variance request for the gazebo he ,denied due companies an emonstrated hardship. Lukes seconded the motion. ..,.. ~ e The motion passed. 4 1. Gull, Lukes, Shaffran and Zanin war, in favcir. P7iarhos was opposed. The lot is zoned :iF-1, requiring 100 ft. frontyard setback, "0 'f't sideyard sethack and 30 ft. rearyard setback. 'Fhe applicant is requesting ;i0 Fi. frontyard setback variance in order to take advantage of tn~r~iesvs and', not cut down any of the scrub oak trees. Pam and .,cot.ty Cathcart were present. Mr. Cathcart began Subdivgsion haveatoncuthdownl+acyhtreescateMdsthCathcartthontinuedPtheitdthetiot is only 200 ft. and it is the logical spot for the house. ., Mr.Cathcart continued that the lot below the site dripped off very steeply and above the house ~£here a're xfi`axi'y trees and he be .anin askad about the west side. Cathcart orepliedg~hatrthcre another group of trees. Gu71' . was pointed out that i.f you were plaiting lots to have 100 ft. setbacks, the lot woixldn't he platted that way. Seeger tindicat.ed that the lot, had been dawn-zoned. Shaffran liked the ilea oP preserving Lhe va~;etaation, lifter` ;om~e" dLSCUS'at~ori,' Zanin made n r_o grant rd motion ccondr3 ,~heJmotion+tyDcibrovobnykwasethe attarnnt'n~~" ' Shaffran ~~ E' member voting nn Ehis case. P~1ot.on passed ~ Q• Zanin moved. t.o adjourn. secondcct the motion. ,ll saex~, in favor. Meeting was adjourned. - ,7. .. '.1. r".;. x,w 4dyN° ih bu..m• _. .. h.<, ~1~'e,. #' la, ~rAe„sA ~A.'~. 'n'r~. y'[. S'~E}:~p~w""`~,°" Respect,fuliy submitted, Z ~'C'u.a.~C.,, C~'xi j~,c~Cc.iI7 ...Secretary _ I P: i, :..,, ., ? .I:. 5 Bill Lukes moved that the following be adopted: BEFORE"THE BOARD OF ADJUSTMENfi ' OF THE COUNTY OF PITATN STATE OF COLORADO RESOLUTION N0. 87-04 John Baker, Karla Korneisel and Desiree Son Essen, Lot 20, Holland Hills Subdivision WHEREAS, the subject property is within the unincorporated area of Pitkin County, Colorado; and, WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by virtue of Title II, Section 16-1.3, Pitkin County code {Land Use Code) and Colorado Revised Statutes, 1973, 30-28-118(2) (C); and, WHEREAS, based on the evdence_ presented, the Board of Adjustment makes the following findings: 1. Proper notice procedures, including the notification of all adjoining property owners, has been shown by the applicant. 2. The required hardship ar practical difficulty has been established. 3. Granting such relief will not cause substan- tial detriment to the public welfare and will not substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps. NOW,'THEREFORE, BE IT RESOLVED that the applicant's request for a 58' frontyard setback variance for construction of a residence was granted due to downzoning Additional conditions or restrictions: WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. Kandi Shaffran seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Evan Gull - yes Bill Lukes - qes Kandi Shaffran - yes Joe Zanin - yes John Howarth - yes The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: April 28, 1987 Attest: Secretary The Board of Adjustment of Pitkin County, Colorado Chairman ~'~.._ _ ;;•' •~ ,; . .~ .. .. _'.. i .. R~carded at 3;17 PPf Mar. 27, 1972 ReceptSon No. 150686 Peggy E. Miklich Reccr der ~~- ~J ,; ' I oJUnZ~~ I'AGf.~c.I'1 PROTECTIVE COVENANTS TO RUN WITH r' WHEREAS, the undersigned are the owners of all of the '. hereinafter described real property situate in the County of Pitkin and State of Colorado, and WHEREAS, all of the real property hereinafter .described, together with certain other adjacent and contiguous parcels, are now subject to restrictive covenants as more particularly appear i;~ warranty deed recorded~in Book 237 at Page 132, and as amended by instrument recorded. in Book 240 at Page 487, which restrictive covenants provide that the same may be modified or altered by a properly recorded document executed by all of those persons who own at least 75% of the subject land, and WHEREAS, the undersigned are the q.oners of„_more than ,,_ 75'S of the land restricted by the covenants aforesaid, and WHEREAS, there has been filed in the office of the Clerk and Recorder of Pitkin County, Colorado, a subdivision plat entitled "Holland Hills at Hasalt", which subdivision plat embraces all of the property hereinafter described, and WHEREAS, it is the intent and purpose of the within indenture to cause all of the property known as Holland }fills at Basalt to be restricted by the hereinafter set forth protective invBookt237natt>?agee132anasaamendedeineBooko240eatoPagen487Yeinrall particulars wherein the same differ or are inconsiste»t with the protective covenants hereinafter set forth. NOW, THEREFORE, the undersigned, being the owners of all of the hereinafter c7escrk~ed real proner.ty, do hereby covenant and zgree that the use of such real property shall be restricted by the terms and conditions as hereinafter .set forth in this deciara-" tion of protective covenants, and that such protective covenants shall be binding upon L•hemselves, their heirs, devisees, personal representatives, successors and assigns. The property to be effected, by the within protective covenants is described as . follows, to-wit: p ~ ... g 0 anda21e1Township i3iSouEha Rangea86sWest o£dthe 6thSPcM~~nlyin~ 17, 2 Northwesterly of •:he centerlino of a lane and Northeasterly of ~~• Colorado Highway 1Qo. 82, more completely described as follows: • •r -- - - ---- -- --- ---- P Beginning at a brass cap monument marked for A_ P. No. 2 of Tract 92.37hfece S. 88°35'4862E19385158 feet; thence S. 35 40 20 E. ~ E, et; thence S. 05 E.'100.48 feet; thence S. 36 54 48 ?~ 136.99 feet; thence S. 52°00'56" E. 13]..41 feet; thence S. 60°11'27" E. .. 206.22 feet to the centerline of said lane; i:hence S. 72°15'26" W. 43.58 feet along the centerline of',said lane; thence S, 71°31'20" W. 585.80 feet along the centerline of said lane; thence IJ. " 42°57'22" W. .940.58 feet; thence S. 38°55'03" W. 957.06 feet to a point on the Northeasterly right-of-way line of said highway; thence N. 44°24'39" W,_ 2004.73 feet along the Northeasterly right- of-way line of said highway; thence N. 41°55'00" E. 415.81 feet; thence S. 45°55'59" E. 18,4.3 feet; thence S. 37°48'00" E. '121.50 feet; thence S. 43°03'40" E. 146.40 feet; thence S. 62°37'40" E. 89.20 feet; thence S.~ 71°09'39" E. 35.19•Eeet;~thence S. 46°26`44' E. 319.31 feet; thence N. 20°00'10" E. 21.82 feet; thence N. 46°26'44" W. 3.45 feet; thence N. 17°51'21" E. 150.10 feet,; thence N. 39°25'54" E. 318.05 feet; thence 5. 62°55'29" >. 10.19 feet'; thence N, 39°25'54" E. 50.87 feet; thence N. 48°11'31" E. 142.58 feet,; thence 5. 52°38'14" E. 115.12 feet; thence S. 67°45'37'' E. 110.18 feet; thence S. 41°38'00" E. 48.07 feet; thence S. 19°05'53" E. 136.07 feet,; thence S. Q8°28'00" W. 134.41 feet; thence S. 35°$1'00" E. 198.19 feet'.; thence S. 61°09'51" E. 61.06 feet; thence N. 45°34'CO" E. 150.00 feet,; thence S. 39°15'00" E. 150.00 feet;,' ° ' " 04 feet'; thence N. 87°29'05" E. 151.40 feet;• thence S. 6.5 42 16 E. 117. thence N. 77°50'52" E. 60.89 feet,; thence N. 20°21'59" W. 45.96 feet; thence 43.56 feet along the arc of a curve to the right having a N. 50...45 00 E. 37.8.,. radius of 23.97 feet, the chord of'whi.ch bears ° ' ", 1 • feet; thence S. 77°11'00" E. 69.97 feet; thence 45.99 feet along the arc of a curve to the left having a radius of 33,58 feet, f`he chord,, of which bears N. 63°04'45"'E. 42,94 feet; thence S. 66°39'30" E. 86.63 feet; thence S. 00°03.,'48" L. 512.83 feet to a brass cap monument marked for A. P. No. 2 of, Tract 64, the place of beginning. EXCEPT a'parcel of land designated Parcel 30 situated in said Tract 55 in said Section ].7, more' fully de cri.bed as follows: Begi.nniny at a point: whence a brass cap monument marked Eor F~. P. No. 2, of Tract 64 bears S. 41°57'31" E. 614.23 feet; thence S. OS°40'00" E. 199.63 feet; thence N. 75°00'OD" 4y,, 210.03 feet; thence IQ. 10°30'24" i^i. 107..08 feet; thence N. 45°34°00'" E. 1.32.93 feet;ihence S. 65°42'16" E. 117.04 feet to the place'of beginning, containing 0.86 acres more or less,' and EXCEPT a parcel of land designated Parcel 31 situated in said Tract 55'in said Section 17, more fully described as follows: Beginning at a point whence a brass cap monument marked for A. P. No. .'2 of Tract 64 bears S. 41°57'31" E. 614.23 feet; thence N. 87°29'05" E. 151.40 feet; thence 57.31 feet along the arc of a curve to 'the left having a radius of 313.].4 feet, the chord of which bears S. 08°39'2;5" E. 57.23 feet; thence S. l.3°54'00" r. 159.35 feet;. thence 56.54 feet alony .:the arc of a curv~a to the right having a radius of 27.25 feet, the chord of which be,ixsS. 46°03' W. 4E~.93 feet; thence N. 75.°00'00"-W. 150.04 feet; thence N. 05°40'00" W. 199:63 feet to the place 'of beginning, containing 0.84 acres more or less. The above described parcel of land contains 50.50 acres, more or less. _2_ ``, _ JF jr. ~•iM. ' ~. ~~ ~. IS~lJf1 ~ 1 /A ~•• •..~• :.,~,. PAGE~<3J , ~ The protective covenants to run with the land above described are as follows, to-wit: 1. No lot, other than Lots 11 and 15 which are to be further subdivided at,a future date, shall be reduced i,n size ,by any sub- sequent conveyance thereof,•provided, however, adjoining property owners may relocate property lines with the written consent and approval of the Architectural Control Committee as hereinafter .established. ows •- 2. Each lot shall be restricted as to use, as o r COMMERCIAL 1, 2,•3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, ' 14, 15,' 16, ].7, 18, 19, 47, 48, 49, 50, 51, 52, 53, 54, 55', 56, 57 and 58. SINGLE FAMILY OR MULTI-FAMILY ~::..., DWELLING 6, 5 17, 19t 2~~1, 22, 23, 24, 25, 26, 27, 28 29, 30'; 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58. INTRA-VILLAGE CLUSTER SHOPS 11 and 15 (no shop parcel shall be reduced in size to'less than 40 feet by 50 feet.) f 3. No structure shall be constructed. or located gn any ~*+~ alines; and 125 feet to the center}ne or Lne,exisLing .,._y_ ,. ado Highway No. 82 right-of-way; provided, however: (a) All structures, either constructed with a windmill motif or on Lots 11 and 15 shall be exempt from said setback requirements. (b) A11 structures situated on Lots 1, 5, 6, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56,'57 and 58 may be constructed within 10 feet of their longest dimension boundary lines. ' (c} Any lot line that farms a perinxterbaindary o£ the sub- . division (other than Highway No. 82 frontage boundaries of the Southwesterly boundary of Lot 37) shall be subject •• to a 17 foot set-back. (d) The Soui.hwesterly boundary lines of Lots 28, 34, 35 and 36 shall bf: subject to a 40 foot set-back requirement. ~~~ 4. The main floor area of all structiures shall contain at least 850 square feet, exclusive of attachments. such ds garages, --_---- _3_ .. C-d~~~';,9 i ..e, ~ -.u ... ,,. >.r- .. .,. k8, ..r.. ., r. ....,... ;i _ .. .~, ... ::Vu¢*v k.. ~.S3+d:aa.aw ls.«u .iaklsP..Naa~U„„wk+4.a3 ~... . ~ per _.... ~. • .l ~L.. .. ~I ,•.~ ~. ~ ,,. .~. }w+r , DUUAcIr•/" r.:i1.. PA6E;;,~1 car ports and porches. All windmill motif or on Lots 11 requirement. structures constructed with either a and 13 shall be exempt from this ~' •ture,located within 500 feet of the right-of- l stories, or 27~ feet ingheiy No, 82 shall exceed ~wo~and one half y 5. loradouHi hwaght. X11 other structures. shall not g in ,..... ~. 4n~~• ---,exceed'l35 feet in hei ht. All fromctheeherenstsettfortht2ieight ~Il requirementslf shall, be exempt ~. _ ~ n consent. and approval ofotlenArchiteatual Control Co mitteer~as hereinaf~~~er ~ established. 7. All structures shall.., be completed within one year truction. from date of commencement of cons • • shall be subject to a 7~ foot utility 8. All Lot lines Y subdivision`,hsaid lotnline~shall bersubjectrtoeter boundary of the • a 15 foot utility easement. 9. All structures shall be constructed with shake roof except those which are flat. Metal roofs, tar. and gravel, and w~.,,: asphalt shingle roofs where exposed'3to public~yiew shall be pro- hibited. 10. Outdoor clothes lines, garbage cans, incinerators and above ground fuel tanks shall only be permitted if adequately .. ~ 9 p s and private or screened from view of ad'onzn roperty owner public roads. 1 be installed underground and 11. All-utilities shal all utility meters shall be_affixed to each individual building toreachtloteline shallobe•'bornesbyleach lot}lownerruponna prorataes basis. 12. In the event that .,the subject subdivision is included • 'a sanitation district, or'a water and ' within a water district or ,,,,• ., sanitation district, each lot owner shall pay"such Eap fees and service charges for sewer and water as shall be required. 13. Nc shacks, trailers, mobile homes,. tents or other ' temporary structures., or outdoor, oilets shall be permitted, except such as may be incident-al and necessary during a period of con- struction of any .structure, not to exceed, however, a period of be allowed, except six (6) months. No b g ~• as are attached to anasement structures shal g •" A`~1 ~.ot owners shall above round structure. "~ ~~ ~.~y ~ ~'rv ~ properly }naintain a well. groomed rass lawn and provide as-many flower beds and other beaut-ificatzon, shubbery and flora as is reasonable. -4 - .r... A•` ..}.u. ~.u .u n .x ~+h .J fae a.+F ~nv~~. •a 4'.~o .sf •whd'4 P.':.It~V ... ~_[~uJeH ,~,: , .. . _ - - ;. ~: t:; i3 ~ PALL r:, tJ :J 14, No signs shall be exhibited within the subdivision ' en consent and approval by the Architectual Control, w~.thout writt Committee. All. signs shall be in conformity with a rustic country- side motif. " 15. It is the intent of these restrictive covenants to y _ . a ~.....~ , .. „_ „_. uide the develo ment of Holland Hills at Basal creation of a unpi ue Dutch countrLside. No stet thin ugh t.e •q y ucture, fence., wall, theoeixteriorselevationshadesbgncandeplot~plariChaveofrstebeenuntil, approved in writing by any 'one of the following named persons: Walter A. Miller, A.I.A.,. Duane Engles, A.I.A., or Ron A. Timroth, who shall act as the Architectual .Control Committee. All buildings shall conform in design to country Dutch architecture as defined by the above said Walter A..Miller and Duane Engles. In the event .w.., said members of the Architectual Control Committee fail to"approve v. ~~, ~...,.~ .>µ~~•. __ or disapprove within 15 days of receipt of said elevations and _ plot plan, then such approval will not be required and it, shall be deemed that this restriction has been fulfilled All plans dis- :, .....,.. ~- 3~s..-w.q-.~ .~, , r~.a>. approved shall be accompanied by a statement in w~Citing setting forth the reasons for such disapproval. At such time, as 75/ of the lots have been conveyed, the record owners thereof may elect three (3j of their number to serve as the ArchAitectu_ai Control _, Committee to serve for such period of time as shallnbe established . . , by said election.. a 16, Any of the restrictive covenants herein contained.,.., ~~w,-~ ... ., may be waived, abandoned, terminated, modified or altered by Fa p p y executed, by all of those persons who ro erl. recorded document' own at least'75% of the subject-land.. of court order shailryntnoon of an of these restrict ons u me ' wise affect any of the -other provisions n~ which shall rem~i.n in full force and effect. 18. If any owner of property affected, or ar.y person claiming by, through, on or under him sl?~11 at any time violate any `of the restrictions herein contained, it shall be lawful for any other owner within the subdivision to .institute and prosecute proceedings at law or in equity to prevent; abate or terminate such improper use and to recover damages or obtain such other relief as may be by law provided. 19. The provisions hereof. shall be in effect for a period of 25 years after the date of record hereof and at ,the end of such period may be continued for successive periods of _5- .. (~'(~~~s~:l y five years each b the recordation, of a document signed by a majority of property owners. ay of May, 1970. DAT1;D this 15th d ;' STATE OF COLORADO ) • ) ss. COUNTY OF ~"~ ~r /d ) ~`. • ;:;. strument was acknowledged before me this. ~ ~~., The fore o n in `~ ~~ f g ~ 1972, by RON A. TIMRO'PFi, dba .. ~ day of .~_. ~.e~~+2eL _', ~~.~ !C• IM'ROT,I~ .ENTERPRISES . J ~.''•., U P 1. t ~~:~ .; : My commission expires: ~~~ STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) ~ Tl1e for ing instrument was acknowledged before me this ~'~__ day of 1972, by DOUGLAS L. CLARK and MAUI2EEN C . CLARK. C •.. Niy commLSSian exp~.res: ./,d~' ~ 3, l l ~r ,~ ,,, , ; VV ,: .~. ,, .. . NOTARY UI3LIC ~. '• . •y `tiy •y ..••:`n -6 _.. _-._. _~_.r. ~ .: ---.F-^-t.- ~ ~... ,. .. d,oa n .,. ,..,.~:.a.« .. r. ,.rlF a , ..e.. ,. .;.~~3Pord s. y.. 3~ =af ENTERPRIS>S / ~ "~ . =/ -CLARK-1/L-~-= ' DOUGLAS L.