HomeMy WebLinkAboutbocc.con.327.2008 RECEPTION#: 548570, 04!2412008 at
08:33:22 AM,
1 OF 23, R $0.00 Doc Code EASEMENT
Janice K. Vos Caudill, Pitkin County, CO n
AVIGATION EASEMENT AGREEMENT r,QNTRACT# 7~~
This Agreement made this ~ day of M.RQCH- 2008, by and between
Stephen B. Smith and Joan F. Smith (hereinafter referred to as "Grantor") and Pitkin
County, Colorado, acting by and through its Board of County Commissioners (hereinafter
referred to as "Grantee").
WHEREAS, Grantor is the owner of certain real property within Pitkin County,
Colorado, which property is more particularly described in the attached Exhibit "A", and
which property shall be referred to hereinafter as the "Servient Tenement"; and
WHEREAS, Grantee is the owner and operator of certain real property commonly
known as the Aspen-Pitkin County Airport (Sardy Field), located in Pitkin County,
Colorado (hereafter referred to as "Dominant Tenement"), upon which Grantee currently
operates and shall continue to operate an airport facility for use by public general aviation
users as well as scheduled and non-scheduled (charter) commercial airline operators; and
WHEREAS, Grantee desires to acquire certain rights in Servient Tenement to
preserve for the use and benefit of the public a right of free and unobstructed flight for
aircraft landing upon, taking off from, or maneuvering about the Dominant Tenement.
NOW, THEREFORE, it is agreed as follows:
1. Grantor hereby grants to Grantee an avigation easement as hereinafter described.
2. The avigation easement granted herein is appurtenant to the Dominant Tenement.
3. The avigation easement granted herein is for the right to discharge noise,
vibrations and fumes over the Servient Tenement running to the benefit of Grantee
and the Dominant Tenement as a result of any and all aircraft utilizing (including
takeoffs, landings and approaches) the Dominant Tenement. Said avigation
easement is more specifically defined as follows:
a. A perpetual avigation easement, also known as a perpetual air or flight
easement, and an aircraft operations and aircraft noise easement for the use
of the airspace over, through or adjacent to the Servient Tenement. Such
easement shall be for air avigation purposes and shall include, but not be
limited to, the right of Grantee and any aircraft utilizing the Dominant
Tenement to discharge noise, fumes and vibrations on the Servient
Tenement and its occupants as a result of aircraft (not limited to jet
aircraft) landing on, taking off from, or maneuvering about the Dominant
Tenement as follows:
i. As to the runway located on the Dominant Tenement (Runway
30/15).
ii. This avigation easement includes the resultant noise, fumes and
vibrations from any aircraft currently operating from Dominant
Tenement and any other aircraft that may subsequently be
permitted to be used on Dominant Tenement by the United States
of America or any of its agencies and/or departments.
iii. Said easements include any flight trace said aircraft now, or in the
future may utilize.
b. A perpetual avigation easement, also known as a perpetual noise easement,
for the right to discharge noise and vibrations from the surface of the
Dominant Tenement, which noise and vibrations may reach the Servient
Tenement, and which shall be for the purpose of aircraft start-up, ground
maneuvering, maintenance, and engine run-up, for take-off or landing upon
the Dominant Tenement.
4. The Grantor shall not construct or permit to remain upon Servient Tenement any
obstruction that extends above the height restrictions indicated on Exhibits "B",
"C", "D" and "E", unless application of Proposed Construction or Alteration is
made to the Federal Aviation Administration, and approval is granted.
5. The Grantor shall not hereafter use or permit the use of the Servient Tenement in
such a manner as to create electrical interference with radio communication
between Dominant Tenement and aircraft or as to make it difficult for flyers to
distinguish between airport lights and others, or as to result in glare in the eyes of
flyers using Dominant Tenement, or as otherwise to endanger the landing, takeoff
maneuvering of aircraft.
6. Grantor and its successors in interest are forever barred from bringing any suit
against Grantee under any theory of recovery, arising out of matters covered by
this avigation easement only, including but not limited to noise, fumes, vibrations,
discomfort, inconvenience, interference with the use and enjoyment and any
consequent reduction of market value of the subject property due to the operation
of aircraft to and from the Dominant Tenement, so long as the avigation easement
herein is not exceeded.
7. This instrument shall bind and inure to the benefit of the respective heirs, personal
representatives, successors, and assignees of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the
day and year first above written indicating the Grantor's grant and the Grantee's
acceptance of said avigation easement.
r
APPROVED AS TO CONTENT: BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
By:
it 'y Smith ichael Ow y
my Manage Chair
APPROVED AS TO FORM: ATTEST:
By. By. i
Joh y anette Jones
' 1 ' ounty Attorney eputy Clerk d Recorder
STATE OF COLORADO )
)ss. woo», tr ~ ~r~e v
COUNTY OF PTI'KIN )
q(t e~.t e u ~~Y!-'1 £t b
Acknowledged before me this ~./a day of /NN"!ZL' ~ , 2008 by A4islaael-9wsle~ ae f~~
~~~'A'~ Chair of the Boazd of County Commissioners of Pitkin County, Colorado, and attested to
OwsMy ms by Jeanette Jones as Deputy Clerk and Recorder of Pitkin County, Colorado.
Witness my hand and official seal.
My commission expires: ~ ~ ~ - Z o ~ y
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t.YNDEE R.
DEAN
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STEPHEN B. SMITH JOAN F. SMITH
By: B
Stephen B. Smith n F. Smith
STATE OF TEXAS )
ss.
COUNTY OF DALLAS )
el' /~,~.fCLI
Acknowledged before me this L day of Fes„ 2008 by Stephen B. Smith and Joan
F. Smith, as property owners.
Witness my hand and official seal.
My commission expires: ~ ~ ~Da
. TRACI HOOP! Notar Public
~ Noury Publ~, Sate of Texas y
r My Canmiasion Expires
'~t~i`. Maieh 1S, 2008
EXHIBIT "A"
Legal Description of Property
A tract of Land situated in Lot 19 of Section 22, and Lots 3 and 22 of Section 27, all in
Township 9 South, Range 85 West of the 6th Principal Meridian being more particularly
described as follows:
Beginning at a point whence the witness corner to the South 1/4 Corner of said Section 22
bears North 19°21'20" West 376.48 feet;
thence South 89°39'40" West 1216. 86 feet to the West line of said Lot 22;
thence North O1°03'29" East 355.96 feet along said West line;
thence North 89°39'40" East 115.06 feet along the North line of said Lot 22;
thence North 00°19'45" East 615.93 feet along the West line of said Lot 19 to a fence line;
thence South 89°09'03" East 707.66 feet along said fence to the center of McLain Flats
Road;
thence 135.74 feet along the arc of a 3300.00 foot radius curve to the right, having a
central angle of 02°21'24" and subtending a chord bearing South 23°58'26" East 135.73
feet;
thence South 22°47'44" East 901.19 feet to the point of beginning.
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DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE SMITH -1309
MCLAIN FLATS ROAD -ACTIVITY ENVELOPE AND SITE PLAN REVIEW, SPECIAL
REVIEW AND GMQS EXEMPTION FOR TDR RECEIVER SITE AND CARETAKER
DWELLING UNIT
Determination No. ~
-2007
RECITALS
1) Stephen and Joan Smith (hereafter "Applicant") have applied to the Pitkin County Hearing Officer
(hereafter "Hearing Officer") to obtain Activity Envelope and Site Plan approval with Vested Rights
for a new single-family residence and caretaker dwelling unit within the previously approved building
envelope. The Applicant is also requesting special review approval to utilize three TDRs to develop up
to 13,250 square feet of floor area. The parcel is within a designated scenic view protection area and
partially within a viewplane established by the Down Valley Comprehensive Plan to protect the view up
the Brush Creek Valley from McLain Flats Road.
2) The property is located at 1309 McLain Flats Road, and is more specifically described in Exhibit A.
3) The property contains 21 acres and is a conforming size parcel in the RS-20 zone district.
4) The BOCC approved a lot line adjustment in 1989 that made this parcel conforming in size. Minor
1041 Hazard Review approval was also granted at that time, and a building envelope was shown on
the lot line adjustment plat recorded in Plat Book 23 at Page 67. The vested rights were extended in
1992, 1995 and 1998. The vested rights expired in 2001.
5) The Applicant submitted a complete application after July 6, 2006, therefore, the application is being
considered pursuant to the 2006 Land Use Code, as amended.
6) The Hearing Officer heard this application at duly noticed public hearings on April 17, May 15 and
July 17, 2007, at which times evidence and testimony were presented with respect to this application.
7) The Hearing Officer finds that the request complies with the applicable provisions of the Land Use
Code, as follows:
A) The residence will not be visible from the Property's frontage along McLain Flats Road, and is
sited in the best location on the parcel, given the topography and proximity to McLain Flats Road.
B) The size and siting of the residence is consistent with existing and approved residences in the
surrounding area.
C) The use of three TDRs on the site is appropriate, given the commitments made to ensure that the
residence is not visible from the Property's frontage along Mclin Flats Road and to mitigate the
visual impact as seen from Highway 82 and Brush Creek Road.
NOW, THEREFORE, BE TT RESOLVED by the Pitkin County Community Development
Hearing Officer that he does hereby approve the Smith Activity Envelope and Site Plan Review, Special
Review and GMQS Exemption for TDR Receiver Site and Caretaker Dwelling Unit, subject to the following
conditions, which shall run with the land and be binding on all successors in interest:
RECEPTIONq: 541525, 08/29/2007 at
03:51:27 PM,
t OF 74, R $0.00 Doc Code
DETERMINATION
Janice K. Vos Caudill, Pitkin County, CO
/D
Determination No. ~-2007
Page 2
1. The Applicant shall adhere to all material representations 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.
2. Floor area shall be limited to 13,250 square feet, of which no more than 8,250 square feet shall be
located above the existing grade. The 5,000 square feet below the existing grade may include egress
and walk out areas. In addition, a bam of not more than 1,200 square feet may be constmcted.
3. A Viewplane Restriction is imposed on the property as set forth on the Site Plan and labeled in three
locations as "V iewplane Line." No ridgeline, chimney or any other projection of any building
wnsttvcted on the property, except the barn, or any trees shall extend above the height of any of the
V iewplane Lines. Prior to construction of any building on the property, a site specific analysis by a
certified surveyor or engineer shall be provided to the Community Development Department certifying
that the proposed construction does not extend above the V iewplane Lines, and, therefore, will not be
visible from the Property's frontage along McLain Flats Road once construction and grading as shown on
the Site Plan are completed. The Viewplane Lines shall be established at the height determined from a
line which begins at a base elevation which is 5 feet above the elevation of McLain Flats Road at the
points indicated on the Site Plan as "Base Elevation - V iewplane Line" and projecting westerly over the
property at a height which is 4 feet above the highest existing grade elevation of the property across
which the particular Viewplane Line passes.
4. The Applicant shall comply with all standards for development within Scenic View Protection Areas
as represented in the application and approved in this Determination. The exterior materials (facade
and roofing) for the residence and bam shall have natural, dark, earth tone colors that blend with the
colors of the surrounding landscape and shall be non-reflective. Samples of exterior materials shall
be reviewed and approved by Community Development prior to building permit application. The
residence shall be substantially consistent with the elevations and photo simulations attached as
Exhibits B and C. Driveway lighting is prohibited and all other lighting shall comply with the
lighting code. The lower level of the residence, where exposed for egress and walkouts, shall not be
visible from Highway 82.
5. Prior to submission of any future building permit applications, the Applicant shall be required to
submit for approval by the County Attorney and Community Development a Site Plan with an
Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual
Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and
recordation of them. The Site Plan shall also incorporate the following changes:
A. The Site Plan should state the following: (1) The parcel is mapped in a low wildfire hazard area; (2)
The parcel is not within any mapped elk or mule deer habitat areas.
B. The activity envelope shall be amended to exclude the area of slopes in excess of 30% in the
southwest comer.
C. Designate the location of the 20,000 gallon water tank and the septic system.
D. Eliminate the "building envelope:'
E. Designate an "activity envelope" that encompasses all areas of disturbance, including the house,
bam, driveway, pond, septic system, landscaping and grading.
F. Provide additional mature gambel oak and sagebrush to the west of the house and the pond to extend
the existing native vegetation along the regraded landform to soften the view of the residence as seen
from Highway 82.
Determination No. ~-2007
Page 3
6. Concurrent with recordation of the Site Plan, the Applicant shall record a Conservation Easement on
the area of the Property running the full length of the boundary of the Property with the McLain Flats
Road and westerly to the highest point of the new finished grade of the slope of the Property as it
rises to the West. The Conservation Easement shall run to the benefit of the County or a recognized
conservation organization. The restrictions within the Easement Area shall include:
A. No buildings or overhead entry monuments are allowed, except that customary irrigation
equipment and irrigation structures (headgates, flumes, ditches, wells and well enclosures, which
are not visible from McLain Flats Road) will be allowed;
B. No motorized vehicles will be permitted off of the driveway, except for agricultural equipment
necessary for maintenance and repair of the property, fences and irrigation structures and crop
production.
C. No grazing of cattle, sheep, goats, llamas or other production livestock. No tree farms are
permitted.
D. Subject to any patent reservations or other reserved mineral rights owned by third parties, if any,
no mining or mineral exploration shall be permitted. No dumping of trash, garbage or unsightly
refuse or storage of vehicles shall be permitted.
E. Grazing, but not over-grazing, of horses is allowed.
F. No trail improvements are permitted, except that grasses or other crops may be mowed to
facilitate hiking and horseback riding.
G. The driveway shown on the approved Site Plan is allowed.
H. Wildlife friendly fencing is allowed.
1. Construction staging is not permitted.
Notwithstanding subparagraph I, immediately above, construction activities and staging
necessary for the alteration of the landform as described in the Application are permitted.
K. The pasture shall be irrigated, subject to seasonal availability of water from the Salvation Ditch.
7. The parcel is exempt from the Growth Management up to 5,750 square feet of floor area. At building
permit application for the new residence and barn/caretaker dwelling unit, the Applicant shall
surrender three TDR Certificates and a copy of the deed(s) evidencing the Applicant's acquisition of
the Certificates (if applicable), in order to develop in excess of 5,750 and up to 13,250 square feet of
floor area.
8. Prior to submission of a septic permit, the Applicant shall provide sufficient documentation to the
Environmental Health and Natural Resources Department to establish that the well meets: (])setback
requirements, (2) the County's minimum requirements for an adequate water supply, and (3) the
County's ISDS Regulation minimum requirements for adequate water quality.
9. Prior to issuance of a building permit application for the residence, the Applicant shall:
A. Complete a fireplaceJwoodstove registration form with the Community Development
Department, if necessary.
B. Obtain a stonnwater permit from the State of Colorado if site disturbance exceeds one (1) acre.
C. Obtain a County access/driveway/tumazound permit acceptable to the Aspen Fire Protection
District and County Engineer. The access drive shall be built to current County Standazds, as
described in the Pitkin County Asse[ Management Plan.
D. Submit a drainage and erosion control plan for review and approval by the Planning Engineer.
E. Submit a construction management plan for review and approval by the Planning Engineer
showing the locations of staging, material storage and employee and construction traffic parking.
The construction management plan shall be sensitive to wildlife use of the property -construction
l~
Determination No. >Q-2007
Page 4
impacts shall be limited to the area to the west of the Conservation Easement (with the exception
of the driveway and grading for the landform) and construction staging shall not occur within the
Conservation Easement.
F. Pay the applicable road and employee housing impact fees.
G. Obtain a permit for construction of the septic system. The system must be designed by a
registered professional engineer.
H. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes.
10. Landscaping shall be substantially consistent with the landscaping shown on the site plan. Areas
disturbed by construction shall be re-vegetated within one growing season of the project's
completion.
11. No structural development in excess of 30", with the exception of fencing, shall occur within the
setbacks of the parcel. 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
shall require a variance from the Board of Adjustment. Approval of an activity envelope within such
setbacks does not assure approval of a variance.
12. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard
Area:
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that
may limit a properly owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows (note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions):
1) Brush, debris and non-ornamental vegetation shall be removed within a minimum ten foot
(10') perimeter around all structures. Primarily non-combustible hardscape surfaces shall be
installed in this area and woody vegetation shall not be planted. Firewood or other
combustible materials shall not be placed within this area.
2) Beyond 15' up to 35' or to the property line, maintain natural and/or irrigated grass at less
than 6"and thin existing trees, sagebrush, and brush into individual clusters. Limbs shall be
pruned to the height of the tree or 10' whichever is less. No brush or shrubs which when
mature shall be tall enough to act as ladder fuels. Clusters of brush or trees should be
separated from each other and from those beyond the 35' area by a distance of 2'/: times the
height of the mature vegetation. The diameter of a cluster a cluster shall be limited to 2'/:
times the height of the mature vegetation. Thin and remove lower branches of brush or
shrubs within clusters or individual plants to eliminate ladder fuel.
3) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen
(15) feet of chimneys shall be removed.
4) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be
reduced where natural reduction has not already occurred.
5) All deadfall up to a one hundred (100) foot perimeter shall be removed.
6) No new conifer trees shall be planted within ten (10) feet of a residence.
7) No flammable mulches shall be placed within two (2) feet of a residence.
8) The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
~3
Determination No. I g-2007
Page 5
B. Roofing.• Class A covering or Class A Assembly as defined by the currently adopted Building
Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not permitted unless
they comply with the following:
1) All roof coverings shall be constructed of non-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 roof
debris.
3) Protrusions 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
pitch of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshall prior to submittal of a building permit application.
C. Water Supply for Fire Safety
1) When access to a public or private pressurized water system is not available or if it is
necessary to augment fire protection water systems, private ponds may be used if approved
by the Community Development Department and the local fire district.
2) Any fire department recommendation for individual structure water supply and storage shall
be accessible to fire department vehicles from the exterior of the structure through a fire
department approved mechanism (such as a fire hydrant). The Lot shall have a minimum !
20,000 gallon water storage tank. Verification of the closest hydrant satisfactory to the AFPD
can mitigate this requirement.
3) All structures greater than five thousand (5,000) square feet in size shall be required to install
in-house sprinkler systems that meet the standards of the AFPD and the adopted Building
Code. At building permit submittal, the AFPD may require smaller structures to be sprinkled
due to hazard considerations, emergency access difficulties and lack of proximity to fire
protection services.
D. Maintenance and Miscellaneous Requirements
Roofs and gutters shall be kept clear of debris.
2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (Y.)
inch maximum.
3) Any outbuilding shall adhere to the same wildfire requirements.
4) Yards shall be kept clear of all litter, slash and flammable debris.
5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet
away from any structure.
6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more
than six (6) inches.
7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet
away from the structure.
8) Swimming pools and ponds shall be accessible by the local 5re district.
9) Fences shall be kept clear of brush and debris.
10) Wood fences shall not connect to other structures.
11) Fuel tanks shall be installed underground with an approved container.
12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on
a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be constructed with
1~
Determination No. l g-2007
Page 6
materials approved for two (2) hour fire-resistive construction on the exterior side of the
walls.
l3) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
14) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be
visible at the primary point of access from the public or common access road and installed on
anon-combustible post.
13. The Applicant shall comply with the following conditions regarding wildlife: ~I!
A. Dogs shall be kenneled within 50' of the residential building or leashed under human supervision
at all times. Construction dogs are prohibited on site.
B. Manipulation of vegetation outside of the Activity Envelope is prohibited.
C. Existing fences shall be removed prior to issuance of a building permit for the residence. New
fences shall comply with the following: ~
1) Mesh or woven wire fences are prohibited.
2) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not
exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width
(top view), and shall have at least eighteen (18) inches between the lower two (2) rails. '
3) Wire fencing must be three (3) strands or less. The top wire should be atwelve-point-five ~
(12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle
strands (which may be barbed) should be located a minimum twelve (12) inches apart and
from the top wire preventing entanglement when mule deer jump over. The bottom strand
should be sixteen (16) inches from the ground.
D. Fruit beazing trees and shrubs shall be prohibited within the Activity Envelope.
E. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or I
otherwise managing wildlife.
F. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
G. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and
be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed
feeders shall include a seed catchment pan to catch discarded seed.
H. Horse grains, pellets, and wokies shall be stored in bear resistant containers.
1. Pet food shall not be left outside.
J. The Applicant shall obtain a private lake license and stocking permit from the DOW prior to
construction of the pond. The pond can only be stocked with certified whirling disease free fish. )n
addition, the pond shall be redesigned to provide a definitive inlet and outlet, which must be screened
to prevent ingress and egress of any fish into the ditch. The CDOW also encourages the owner to
constrict a wetland biofilter on the pond outflow.
14. No development shall occur outside of the approved activity envelope, with the exception of
vegetation removal necessary to comply with the wildfire mitigation measures described above.
15. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy. However, at such time as the revegetation of the area of the property
within the Conservation Easement has been completed, fencing around this area may be removed if
this occurs before issuance of a Certificate of Occupancy. '
Determination No. ~ p -2007
Page 7
16. Prior to issuance of a Certificate of Occupancy, the Applicant shall submit for recording a covenant
acceptable to the Community Development Department and County Attorney prohibiting commercial
agricultural activities on the parcel.
17. The caretaker dwelling unit shall be limited to 1,000 net livable square feet. The kitchen shall contain a
minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least
14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A
minimum of one off-street parking space shall be provided for the unit. The Applicant shall provide one
off-street perking space for each bedroom in the caretaker unit. The caretaker dwelling unit must have
separately accessible utilities. This does not preclude shared utilities.
18. Concurrent with recordation of the Site Plan, the Applicant shall obtain and the Housing Office shall
record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the
Housing Office with the deed restriction and prior to issuance of a building permit. The Housing Office
may inspect the unit.
19. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
20. Statutory vested rights for the approval contained herein are ganted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 2-20-] 70 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
July 17, 2010.
21. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
l8ih day of February, 2007.
APPROVED AND ADOPTED this 17`n day of July, 2007.
PUBLISHED AFTER ADO OY FOR~~ S'I;ED REAL PROPERTY RIGHTS in the
Aspen Times Weeklv on the da of Nb 7
Determination No. f g -2007
Page 8
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
By O""'~.__
ATTEST: I ~ James R. Tme, Hearing Officer
l ~sna~,n licr.A Q~Ltf Date ~ I z31~
Bonnie
Waechtler, Administrative Assistant ~ ~ ~
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
!
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John EI , Ci y ouben, ~
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Cou
j~ttorney Community Development Director
P231-06;P[D#264322303013
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EXHIBIT "A" ~
LEGAL DESCRIPTION
A tract of Land situated in Lot 19 of Section 22, and Lots 3 and 22 of Section 27, all in Township 9 South, Range 85'~lest
of the 6th Principal Meridian being more par8cularfy described as follows:
Beginning at a point whence the witness comer to the South 1/4 Camer of said Section 22 bears North 19°21'20" W@st ~
376.48 feet; f?
thence South 89°39'40" West 1216. 86 feet to the West line of said Lot 22;
thence North 01 °03 29" East 355.96 feet along said West line; '
thence North 89°39'40" East 115.06 feet along the North line of said Lot 22;
thence North 00°19'45" East 615.93 feet along the West line of said Lot 19 to a fence line;
thence South 89°09'03" East 707.66 feet along said fence to the center of McLain Flats Road; t!
thence 135.74 feet along fhe arc of a 3300.00 foot radius curve to the right, having a central angle of 02°21'24" and
subtending a chord bearing South 23°58'26" East 135.73 feet;
thence South 22°47'44" East 901.19 feet to the point of beginning.
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