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HomeMy WebLinkAboutpitkin.boa.08.01Parcel ID: 2735-03-2-00-013 Application Date: 7/10/08 Case No: BOA011-08 Description: Roaring Fork Valley Holdings LLC Front Yard Setback Variance Access # BOA01-08 recpt 24872 Counter chk Project Address: 101 OAK RIDGE DR, ASPEN, CO 81611 Property Owner: ROARING FORK HOLDINGS, Address: 101 OAK RIDGE DR LLC ASPEN, CO 81611 Owner's REP: DOUG LEIBINGE Address: 308 RED TAIL DR BASALT, CO 81621 REP's Email: Planner: # Copies: Allocated Hours: Over Hours: Owner Phone: (703) 799-045 REP's Phone: (970) 379-9045 Referrals: Other Referrals: Comments Due Date: Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 03/04/2008 Review Body: boa Public Hearing? yes Notice Date: 02/17/2008 Meeting Notes: Approvals: BOCC Resolution #: P8Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): Remarks: BOA #01-2008 #547314 Application T ype: c_) - o ~ z ~l RESOLUTION OF THE PTI'KIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING A FRONT YARD SETBACK VARIANCE FOR LOT 3, ASPEN OAKS SUBDIVISION Resolution No. 01-2008 WHEREAS, Roaring Fork Valley Holdings, LLC, owners of 101 Oak Ridge Drive, aze requesting a 40 foot Front Yazd Setback variance where 50 feet is required for the construction of a new single- family residence; and WHEREAS, the parcel contains 5.01 acres and is located in the AR-10 zone district; and WHEREAS, the property is known as Lot 3, Aspen Oaks Subdivision, but is more fully described in Exhibit A; and WHEREAS, the Boazd of Adjustment is vested with the power to grant or deny such variances by virtue of Title II, Section 7-10.30, Pitkin County Code (Land Use Code) and Colorado Revised Statutes, 1973, 30-28-118(2) (C); and, WHEREAS, based on the evidence presented, the Boazd of Adjustment makes the following fmdings: 1. Proper notice procedures, including the notification of all adjoining property owners, has been shown by the applicant. 2. The required hardship or practical difficulty has been established. 3. Granting such relief will not cause substantial detriment to the public welfaze and will not substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps. NOW, THEREFORE, BE IT RESOLVED by the Boazd of Adjustment, that a setback variance be granted to allow for development that is within the 50 foot front yazd setback but only within the building envelope shown at Book 79 Page 37 in the Pitkin County Clerk and Recorder' Office. The proposed development is a single family residence and the hazdship is topogrnphic. WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. The Resolution was adopted by vote of the Boazd of Adjustment of the County of Pitkin, State of Colorado. DATED: Mazch 4, 2008 ATTEST: ~, r_,, 3~~6~ oanna S. S~haffnel, date County Zoning Officer The Boazd of Adjustment of Pitkin County, Colo ,,~ ~ ~~ ~~ I~1c Head, ~ date Co-Chairperson Parcel ID# 273503200013 RECEPTION#: 547314, 03/12/2008 at 03:02:23 PM, 1 OF 2, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO ~U`~vli~ A parcel of land situated in the Southwest Quarter of the Northwest Quarter Section 3, Township 10 South, Flange 85 West of the Sixth Principal Meridian, described as follows: Beginning at a point whence the South Quarter corner of said Section 3 bears South 27 degrees 07'58" East 3,172.65 feet; Thence South 53 degrees 53'00" West 361.00 feet; Thence North 18 degrees 56'00" West 55.00 feet ;Thence North 34 degrees 05'00" West 121.14 feet; Thence North 45 degrees 15'00" West 223.75 feet; Thence North 23 degrees 38'00" West 82.84 feet; Thence North 48 degrees 01'00" West 91.53 feet; Thence North 26 degrees 47'00" West 87.01 feet; Thence North 67 degrees 00'00" East 373.00 feet; Thence South 36 degrees 03'55" East 566.19 feet to the point of beginning. Pitkin County, Colorado Also Know As Lot 3, Aspen Oak Lots, Pitkin County, Aspen For informational purposes only: 101 Oak Midge Drive, Aspen, CO MINUTES Meeting of the Pitkin County Board of Adjustment March 04, 2008 Members Present: Co-chairs, Rick Head and Patrick McAllister Jim Riflcin, Bob Throm, Michael Cooper, Jamie Brewster Members Absent: Isabel Day Staff: Joanna Schaffner, Zoning Officer and acting secretary Head opened the meeting at 5:40 pm. Schaffner announced that Isabel Day has informed her that she will be resigning from the Boazd due to personal reasons. MINUTES: Brewster made a motion to accept the minutes from the December 4`s and 18`~ 2007 meetings. Head seconded the motion and it passed 5-0, with Cooper not yet in attendance to vote. CASELOAD: Case # 01-2008 Roaring Fork Valley Holdings, LLC 101 Aspen Ridge Drive Aka Lot 3, Aspen Oak Subdivision Owner representative, Doug Leibinger, and architect, Doug Rager, were present on behalf of the applicant to request a 40 foot front yard setback variance where 50 feet is required on this 5.01 acre parcel in the AR-10 zone district, to construct a new single-family residence. The Affidavit of Posting was submitted. There were no members of the public present to comment on this application. Leibinger and Rager showed the Board the approved Site Plan for this site and where the building envelope is bisected by the 50 foot front yard setback. The edge of the building envelope marks the edge of a steep slope. Although there are no building plans for a new residence yet, Rager offer the Board a "study" on how a house might be constructed within the envelope but outside of the setback. Schaffner clarified that a blanket variance for the envelope is being requested, absent specific building plans. Head asked why the envelope was approved in the setback. Schaffner noted that the County would rather see the new house in an area already disturbed but in the setback, rather than to disturb as yet undisturbed hillside/slopes. Head stated that it was an apparent topographic hardship. Rifkin asked if staff received any neighborly objections. Schaffner answered no. Cooper stated that Aspen Oaks has an active Homeowner's Association and asked if they gave any comments, to which Schaffner responded, no. Cooper stated that he did not see any negative public impacts, and Head agreed. Rager stated that the closest neighbor has no view of this house. ti~ui..o~4 Brewster made a motion to approve a vaziance necessary to allow construction within the front yard setback that is located within the approved building envelope due to topographic hardship. Throm seconded the motion and it passed 5-0 with McAllister not voting. 02-2008 Annie Katz 226 Conundrum Road, Aspen Land Use Planner, Glenn Horn was present representing the applicant in a request fora 25 foot front yazd setback vaziance and a 15 foot north side yazd setback vaziance where 30 feet and 20 feet respectively are required for grade changes in excess of 30 inches in height within a setback azea, for the installation of two underground water storage tanks. The Affidavit of Posting was submitted. There were no members of the public present to comment on this application Horn submitted a letter from adjacent property owner, Dale Launer stating his support for the application. A letter from Deputy Fire Mazshall, Orrin Moon, supporting the request was also added to the file. Horn showed the Boazd a site plan and photos of the site, and pointed out areas affected by severe and moderate avalanche hazazds. He corrected his application in saying that there were two 20,000 gallon tanks, not two 10,000 gallon tanks. He explained that the immediate neighbor- hood is redeveloping, and this is an opportunity to provide much needed water storage for fighting fires throughout the neighborhood. This location is next to the road and provides easy access to fire fighting vehicles. The tanks will be buried and revegetated with dirt and natural grasses. However, because these tanks cannot be fully buried and still be functional, approximately 48 inches of buried tank will project above the natural grade. Cooper asked if there was any negative impact to the public. Horn stated that the tanks are located along a private portion of the road. There will only be minor visual impact by one neighbor, Dale Launer, and he supports the application! McAllister made a motion to approve the application due to health, life, safety reasons. Cooper seconded the motion, and it passed 5-0, with Rifkin not voting. There being no further business before the Board, Head made a motion to adjourn the meeting. Throm seconded the motion and it passed unanimously. *r******x***z*s******************s***m***********x*ss***********:**#**** Respectfully submitted, `r'' L' ~ 7banna chaf~raer, Acting ~cretary .~= ~, /Date Approved as submitted pr ve w~ noted change(s) ~I ~ ,~. ® Co-Chair S ~ d~ Date ~~.~-~~ PITHIi`I COUNTY BOARD OF ADNSTiViENT Application Form DATE /6 -//- 6~ REPRESENTATIVE l~ey6 G FaQ,.JGh~ ~!~ ~ie"16 ~°~`~A P 0 ,CGS 3-~ 9 ~ 9Q~~ E-MAIL ~LE~Bi~6E-2 @ ~L~ .Co.+'l FAX x/23 ~ Z 5S0 MAILING ADDRESS ~~ OFn ! ~ ic- ~~ ~~~ ca ~l6 2l OWNER '~~ /~' NOIC~ii1G~S~ GCL PHONE M,AILINGADDRESS /d/ d(~'L ~~ 17~1/~ ~~'~ . Cd ~/6l / LEGAL DESCRIPTION ~ ~~ ®~~S CQ ~ 3 SUB7ECT PARCEL ADDRESS ~d ~ O~ EZ~D Gam- [~Q _ (~- ~ <'-~ e0 CP~6 ~// PARCEL ID # Z~~~-s ~~4 ~.3 ZONE DISTRICT /k (L`/~ LOT SIZE S. 0 / ~c~S SIGNATURE o be completed by the Zoning Requesting: 0 'Front Yazd Setback Variance, where _5~U ' is required. ' Reaz Yard Setback Variance, where ' is required. ' Side Yazd Setback Variance, where _' is required. ' Side Yard Setback Variance, where _' is required. ' Height V ariance, where _' is allowed Comments: ~.'o-t Application filed ~" 3 G - (] Refer to Date of Meeting ~ _ (y ' G Q Notices Mailed 0. cASE # ~ -~~uo „ ~ Zoning Official ~ , Secretary '~~•- ~l: YIilO1G.\Com~cv FpnnsWntin Ylmm~g,phtin0oavdmin\pit boc\applicEOc 1 October 9, 2007 Ms. Joanna Schaffner, Zoning Officer Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: VARIANCE APPLICATION FOR THE MARESI PROPERTY Dear Joanna, This is an application for a variance for the Maresi property, a metes and bounds parcel located approximately 1 mile up West Buttermilk Road. The property's street address is 101 Oak Ridge Drive. A complete legal description and proof of ownership of the subject property is provided in the commitment for title insurance, which is attached to this application letter. The application is being submitted by Roaring Fork Valley Holdings, LLC (hereinafter, "the applicant") which is under contract to purchase the property. A letter from the owner of the property authorizing the applicant to submit this application is attached as Exhibit #2. The applicant requests a variance to reduce the front yard setback for the property, to allow development to occur up to the setbacks established by the designated building envelope for the property. Amore complete description of the proposed variance follows below. Background The subject property is zoned AR-10, which has a minimum lot size of 10 acres. It contains approximately 5.011 acres of land, making it anon-conforming sized lot of record. The property received 1041 hazard review approval from the Pitkin County Hearing Officer in 2002 and again in 2005, pursuant to Determinations 05-2202 and 17-2005, respectively. The 1041 site plans for the property are recorded in Plat Book 68 at Page 81 and Plat Book 79 at Page 37. These two approvals are essentially identical with respect to the approved building envelope and conditions of approval. It was necessary to repeat the prior approval in 2005 in order to extend the vested rights on the property for three more years, to May, 2008. Copies of the 2005 Determination and site plan are attached to this application letter. hIV \I J~~ Ms. Joanna Schaffner October 9, 2007 Page Two The 1041 site plan illustrates that this is a topographically challenging property. The front portion of the lot is a relatively narrow, relatively flat bench, with slopes that are generally less than 30%. This is where the existing house is located and it is where the approved building envelope is designated. The remainder of the lot is extremely steep, with slopes that are well in excess of 30%. Therefore, none of this steeper area is included within the building envelope. As the site plan illustrates, the approved building envelope extends to within 10' of the front property line. However, the front yard setback for a property of this size is 50'. Strict application of the 50' setback to this property would eliminate from use a significant percentage of the land that is within the approved building envelope. In fact, much of the existing house sits within the 50' front yard setback. Therefore, the applicant seeks relief from this setback limitation, to enable the property to be re-developed in a manner that is consistent with other development in this neighborhood. Response to Code Standards Section 7-10-030 (c) (2) of the Land Use Code provides the standards by which the Board of Adjustment considers applications for variances. This section provides that the Board may grant variances: "Where, by reason of unusual narrowness, shallowness, or shape of a specific piece of property at the time of enactment of the regulation, or by reason of unusual topographic conditions or other situation or condition of such piece of property, the strict application of any regulation would result in peculiar practical difficulties to, or undue hardship upon the owner of the roe " P P rty... In order to grant the Variance, the Board is also required to find that the relief can be granted to the applicant: "Without substantial detriment to the public good and without substantially impairing the intent and purpose of fhe Comprehensive Plan and the Land Use Code ". With respect to the first standard, the applicant believes there are unusual situations or conditions causing practical difficulties or hardships for the owner. These unusual situations and conditions have been described above, and include the fact that this property is unusually steep, making the vast majority of the property unsuitable for development. The only area where a building envelope could be designated is a relatively narrow strip of land that is approximately 75' wide along the front of the property. The practical difficulty imposed upon the applicant is that this area coincides with the front yard setback, leaving the applicant with an extraordinarily narrow buildable area that is both within the building envelope and outside of the 50' front yard setback. ~~~,~~~ t Ms. Joanna Schaffner October 9, 2007 Page Three ~~ With respect to the second standard, the applicant would point out that the front yard for this property does not actually front on Oak Ridge Drive. Instead, virtually all of the front yard borders on the rear yard of the neighboring property. Therefore, the only member of the public that we believe would be affected by the proposed setback is that neighbor. There is a significant difference in elevation between these two properties which allows the neighbor's house to be considerably higher in elevation than is the front of the approved building envelope. The applicant is in the process of preparing sketches of the proposed house that will demonstrate how it will be designed to be lower than the allowable building height in this zone district, and will not detrimentally affect the neighbor's house or views. We anticipate sharing these sketches with the neighbor prior to the public hearing and to present them to the Board at the hearing. Conclusion I have attached all of the other materials you requested when we met to discuss this application, including the completed application form, the list of adjacent landowners, the envelopes to be mailed to these neighbors, and the application fee. Thank you for your assistance while this application was being prepared and for your continuing attention to this matter. Very truly yours, Roarin or alley Holdings, LLC Doug Leibinger ®Yl ~1,li~ ~ , f ~ I i4t - a I' r . l 3 r i t, ~ V Xi t 11 3 8 ¢ 1~ ' p :tzt r.r ~ xt ~r.._.. 3 vF i... r ~ ~a..- 6 5 s j ~ a - ~`- a ~~ ~-^ s A.A. ~ -c " ' 1 . 1 .. I: ~ . . , ~• IL .l .. ~ _ :. ~ ~~R ~~i (T - .! ' is .. i l + ,A .a ... vYy44t s ~aC : i~ ,.i SE a . xcY 3 i ~ _- 'j,, y .0\ Y \ \Y. `ffffffiFFFFFF ~ l-~ 1- i ~1~ Ii 3 ,1.~ - > ~~ a ~:: rt j p ~ ~~/~~ ~: / :el ;I¢ ~ I;I _~._.. YII ~.~ .. it / - i ( .1. / / / }~. / ~°4~ ~:. . {~ I c ll 1. 1, \ ... // 1 1 1 1 1 1 1 111 ' I ' /l/ll// /;;/~ \~ :gip. I ./-i./ Illl l/l // / /rI I°:/Il/ /~/// t //Ir/ 11 I I ///~~,/////// \~~ U /r// II /// '///~ \ /// I////////// /1 / //., // i l H/ l ~l y„ 1/ nl l . / ~// . / / / /~/ f \ / l / / • / I// \ yl iill ;Il%y/f/. .. \ /g \ ~% ~ ' u' ~ ~\ \ ~ / ~ ~, - ' ,F: - % ~ . J 1 / / l ~ f c i~ 7 ~ / 0 ,~.. 0 9' :. i:a a; < t x x ~ E 4" \ , r. `•1 t ~\ ~r ~ ~R 4i1 S Q 1 ;/ .n e 4{ R e „r`' S a `" / .+w:.~ Y~ r., as Y °".; E .. •r .: asp .r^ ~' i.'~S: x.it At' :Y':" Vii: i~ ~~j e,r °..: `~~`nr s t ~iu] °c: ~~~' . ~csr :.../ [t~S.C r„_„ ~ . , 3 a F i m- eR• __~ -c' x m _~ ®.~~? J ^~ ALAN RICHMAN 9709201125 ^ • ^ N0. 8405 P. 2 ^~ SEP, 6.2006 12:35PM CO ITY DEYELOPMENI ^'~ ~ `--Tlllllllll~llllllllilllillllll~llllll1~11111~1illler6;0 °0g0 Z:~~- LIL~IF D{W II~RIy>TNpT'ION OF 7HE IiLrARING OFFICER OF P1TTCiN COUN'1"X, COLbItADO, GItAP1TTNG APRROVAL OF'['SL MARFSI 1041 gAZARD RG~W ANA CUNCEPT'UAL SUBMISbTON Detertuloatiott No. ~-2005 REC T 1. Beatli~ Maresi ("Applicant') has applied to the Pitlcia County llearittg Officer far 1041 Hazard ]teview and Cpncepmal Submission too ~ 01isb a built go ~°i ~ ~r ta~~tions to tiie improvctnents (residence and garag) P ~~ ~ establish a development envelope for a new residence. The Applicant is also requesting app septic system. 2. The property is a mete6 and bounds parcel located approx{rnately 1 mile up the West Buttermilk Road at file top of Oalc Stidge prlve. Tha propelty Is addressed as 0101 ~P~Yge Drivo• The property is the second horse on the right side of Oak Ridge Drive. The Is more specifically describgd in Exhibit A. 3. The property is zoned AFR-] 0. The property contains approximately 5.011 acres and is non- conforming iu sin. 4. The property is'loeated within the Urban Growth Boundary. 5. The Hearing Officer, at a duly noticed public hearing on May 17, 2005, reviewed this application, and at which tune evidence and tes~imony were presented with respectto this applicator. 6. The Hearing Officer finds that this application propos~ebslo Stand ds of the Pittkin County hand Use mtd that ttc proposal is in compliaocs with the app Code. NOW THEREX'OIt1: BE Tf RESOLVED by the Pitlan Comity Hearing Officer that he does hereby grant approval tothe Mamsi 1041 Hazard Review and ConcepWal Submission, subject to the following conditions which shall run with the lend and be binding on all successors in interest: 1, The Applicant shall .adltara to all material ropreseutations mtlda in the application and public meetings. 2. Prior [o submittal of any building permit applications, the Applicant shall record a 24 x 36 inch mylar 1041 Hazard Review Site Plan in accordance to Section 5-70-040 of the land Use Code_ The site plan shall also be submitted in a digital format for iptagration intro Ule County Geographic Information System (GIS). 3. Wildfire mitigation shall be as follows: A, pafens~_bte snaoe: l . The azea azound aU structures shall inoorporato ta~tdscaping with wildfuc defensible space wnsiderations as follows (NOTE: Actual vegetation manipulation to meet ~?c v~ f~•^ ~oA~ S' ~ ~r~t S ~1~-- P_01 ._. 'i~'~~~_ ALAN RI CHMRN 9709201125 3EP. 6. 2006 12:35PM C~NITY DEVELOPMENT • N0. 8405 P. 3 PogrminationNo. 1~-ZOOS II~~IIIIIIIfII~~~~llll~fl~~~1IlIII1~IIIIIIIII~II ei 70og ez:ali sI6VIR ngVIB DITKSN WVNTY co R 0.00 D 0.00 these conditions may not be necessary where the natural vogetation patterns Lava already fulfilled these conditions): a, Btvsh, debris, and non-ornamental vegetation shall be removed within a minimum 15-foot perinteter around ~seruemres. vegetation in this aroa.shall be at 6" or less (i.o. mowed grass, low-growing perennials). No vegetation tailor tLan 6" shall be planted is this area. Any combination of mulch, herdscape (i.e. sidewalks, stones, sic.) may ba utilized. b. For a distance of 100 feot in every direction from the suuctures, thin and clump oxisting oaWsarviceberry. The diameter of tLo olumps that remain shall bo no larger than 2 times the height ofthe existi»g oak/aerviceberry. Tho area between the clumps shall be ao smaller than 3 times tLe Leight oftha osk/sorviceberry. This area between the olumps shall havo gtass•liko (i.e. nonwoody) plant material. Tho lower limbs of the oaWsorvicebelry in the clumps stall Lave the lower limbs removed up to Ya the total height of the plant to eliminate ladder fuels. Ladder fuels era low Bowing branohes th at could Derry a ground foe into the crowns of the larger woody plants. c. TLe lower branches of all shrubs in the clumps should ba removed up to hal£ the total height to eliminatod ladder fools. d. All branches which extend over rho roof eaves stall bo trimmed and all branchos within 15 feet ofthe cbialneys shall be removed. e, The density offuals within a 100-footpaiimetar ofiha structure shall bs reduced. f. All deadfall within 1Le 100.foot perimeter shall be removed. g. The Applicant shall be responsible for the continued maintenance of rho defensible space vegetation regttitements. B. Stru ,ral Desi and ~pnstntction Re ~irements• 1. Roo£s'shallhave anon-combustible roof covering an a Class R assembly. Wood shake/sllingle roof covering are prohibited in all wilditre hazard areas. Roofs with less than 3:12 pitch era not permitted in 1041 Wildfua Areas emless they comply with ties following: a. All roof coverings shall benon-combustible raateQials as defined in rile Uniform BviklhSg Code (tJBC)1997 Section 1504 and installed on a Class A roof assembly. ' b. All roof coverings shall havo a surface that stall facilitate t11e natural process of clearing Itte roof. c. All roof design shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such es parapets, shall be prohibited d. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of l:ag. P. 02 '~ e{. u~i.~`.,~ .. ALAN RICFiML1N 9709291125 P. 93 SEP. 6.2006 12:35PM C~N1TY DEVELOPMENT .~,(• N0. 8405 P. 4 Pegs 3 ~I De[erminattor[ No. ~-3005'`-" IIIII VIII IIIIY ~II IIII IIII i~~llll III ~~ IIII III 5 % 070 0085 02:271 97LVIn IMVIS VITKIN COUNTY CO R 0.00 ~ 0.00 e, All roof designs, coverings, or equivalent assemblies shall bo speci fically approved by the Fire Marshall prior to submittal of a building permit application. 2. All vents shall bo screened with eorrosrvo resistant wire mesh, of one quarter inch maximum. C_ Maintenance: 1. Roofs and gutters shall be leapt clear of debris. 2. Yards ehaU be kept clear of all litter, slash, nod $ammablo debris. 3. All flammable materials Including tirewood/wood piles) shall ba stored on a parallel contour a minimum of 15 feet away from any structure. Fi7u~ewood/wood piles shall 6e stacked on a parallel contour a minimum of 15 that away from all struchuas. p. Miscellaneous: . 1. 'Swimming pools shall be accessible to Fue Department vehicles. 2. Fmtees shall be kept clear of brush and debris. 3. Wood fences shall sot be connected to the structure. a_ Fuel tanks shall ba installed underground with an approved container. 5. Each structure shall have n minimum of one 10 Ib. ABC fire e7ttinguisher. G. Addresses 91raA be clearly marked and visible wptFl minimum 2"non-combustible letters and shall be clearly visible at the primary point df access from the public or common access road and installed on anon-combustible post. 7. Any outbuildings or additional buildings shell adhere to the same standards as structures. 8. Propene iaaks shall be installed according to NFPA a6 standards and on a wntotQ away froro the stnlctrne with standard defensible space vegetation mitigation around arty above-mound tank, My wood enclosaro aroundtbatnuk shall bo conswcted with materials approved for 2hourfire-resistive construction on flu exterior side of the walls, 9. E. '1i 'es• ]. UtiLty lines shall baburied. 4. No development, including grading, excavation, fill placement, bermiTtg7 landscaping, entry or ~at7ch gates, construction parking or staging and vegetation removal or disturbance shall occur outside of the approved building or development envelopoa unless otherwise specified in tltis dowment, such as necessary wildilre mitgatioa. Utility extension and maintenance shalt occur { #i~i~ Y1~iJJ~ ALAN RrCHMAN 9709201125 F_04 SEP. 6.2006 12:35PM COtvINNNITY DEVELOPMENT • N0. 8405 P. S Pad 4tnationNo.l1.2005`~ 1IIIIIIa1pgII~1IIlI~If~IIII~II~IIIII~'I~IInAll~lla~a%07©0a0z:ztt within tltc approved building ar development eavelopeand/or within the approved driveway alignment. 5. All aeeas disturbed by constniMion shall be ravegerated with native sluubs cad grasses to limit water conswnptlon and additional runoffwithin one growing season of Uie project's completion. Landscaping and revegetation on the properly shall utilize lowwater (xeiisaaping) native plant materials and concepts. 6. The Applicant shall wmply with die following wildlifo mitigation: A. All waste storage shall comply with Wildlife Protxtion Ordinance No. 010-2001. Prior to Certificate of Occupancy, complianoe whit the ordinance shall bo vetit3ed. ]3. Pcacing outside oftbo building envelope is prohibited with exception ofthe fanning surrounding existing stable and carrel areas. C. Native vegetation shall be preserved outside ofUtabuilding and septic systotn envelopes, with Ute exception of any thituning mid apaoing required to accommodate wildfue mitigation. D. Any vegetation altered for.an access road, utility lute or similar use trust be replaced with vegetation equal in type and quantity io that being removed aaordmg to a mitigation plan approved by the County Wildlife ]3iologist pursuant to section 3-80-060(A)(d) of fire Firkin County Lend use Code. L. Fruit-bearing trees and ehtuba should be avoided in any landscaping. F. Wood fencing shall employ three rails or lass, be the round or split rail type, shall not exceed 48 inches in height above ground level and 12 inches in width (top view), and shall have at lass[ 18 inohes between two of the rails. Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 arches in height 7. Prior to submission of any new btdlding permits for now development, Uto Applicant shall submit a mitigation report from an engineer or geologlstlicenaed'iatho State of Colozado for any new development on slopes in aneess'of 15%. Tile report shall demonstrate thattbo site can be enginoored in sucG a way that Utare is no hazard posed, and shall show the atea of disturbed slopes, arty r~gcading required and the size cad location of all mitigation devices. Any now development shall be conditioned upon compltianco with flte report 8. The Applicant shall complywith al] codes and requirements oFthe Aspen Fire Protection Dishict 9. Tate Applicant shall submit a Drainage and Erosion Control Plan to Ute Cotmty Eugiwoor for review and approval, prior to the submittal for any building permits. The plan shell address the management of [[muff during construction and after construction is comploto. 10, Prior to eommaneement of any earthmovlttg or construction activity, Ute Applicant shall stake Ute comers ofthe building envolopa and install conelruction fencing azound zeta perimeter of the building envelope. The fencing shall remain in place anti! issuance of certificate of occupancy. I1. At the time ofbuilding permit application submittal, the Applicant shall submit, for review and approval by the County Engineer, a Construction Management Plan in accordance to Ule Asset Management Plan, The Construction Management Plaa sha71 iodinate that vehic)ea assooiated ~1~;1L~~s RLRN RICHMRN 9709201125 P. 05 SEP. 6.2006 12~35PM CO~1TY NEVELOPMENT ~ N0,8405~P, 6 ~'~ Page5lnartortNo.~-20D5~ IIIIIII~IIII~IIII~IIIIIIIIIII/IIIIIIII~~III~IIIII~I siii0-za8oz:zti SILVia DiN116 Pi7l11RIN EDIa17Y c0 R 0.00 0 0.00 with cottstNUion (i.e. employee traffic, oottsvuction vehicles, staging and deliveries) shall not violets County Law, such as parking on County rights-oR-way. 12. All lighting shall comply with the regulatiolts of the Land Use Code. 13. Roof materials shall Danon-reflective, 14. All development must comply with the provisions ofthe Pitldn County Noxious Weed Management Plan. 15. Pursuant to Ord'mance No. 022.2000, the Applicant is subject to fire Fair Share ltequiretnents and shall pay a road impact fee as calculated at the time of building p«irdt issnanca. 1G. Statutory vested rights for the approval contained herein are graated.pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions sat forth in Pitkin Cotmty Land Use Coda, § 4-140 and C.R.S., § 24.68-105, The statutory vested righw granted hereui shall expire on May 17, 2008, , NOTICE OIr PUBLIC HEARING PIIBLiSHED IN TID/ ASPEN TIA~S ON TIC 1?T'i DAX OF APRIL, 2005. APPROS'ED AND ADOPTED ON TAE 1'1TH DAY OB MAY, 2005. VkSTED RIGHT NOTICE PUBLiSI~YLD ONTHI[ _LDAY OF .~ri.u.f_ , z00S, ATi~ST: Janis aylor, ~_ Administrative Assistant AP-ROVED AS TO RORM: C"-~ Jo y, oral Ivey Case #P026-OS 273503200013 HHARINO OFFICER OP PITKIN COUNTY, COLORADO Gr.~-~'^ amps R. True, Hearing Offtoor Date: _5~,~~ . APPROVED AS TO CONTLNf: ' yliouben, Community Development Director i PUBLIC NOTICE RE: 40 Foot Front Yard Setback Variance for Lot 3, Aspen Oaks Subdivision aka 101 Oak Ridge Drive (Case 01-2008) C~ NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 4, 2008, to begin at 5:30pm, or as soon thereafter as the conduct of business allows, in the Commissioner's Meeting Room in the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Boazd of Adjustment, to consider an application submitted by Roaring Fork Valley Holdings, LLC, 308 Red Tail Drive, Basalt, CO 81621, requesting a 40 foot Front Yazd setback variance where 50 feet is required on this 5.01 acre parcel in the AR-10 zone district, for the development of a single family residence. The State Parcel Identification Number for this property is 2735-032-00-013. For further information contact Joanna Schaffner at the Pitkin Community Development Department, (970) 920-5105. Pitkin County Board of Adjustment Published in The Aspen Times on February 17, 2008 Pitkin County Account No. 002.02 ~'l~~` ' 1 J v'., _~ SECT, TWN, RNG: 3-10-85 DESC: A PARCEL IN SW4NW4 & NW4SW4 SEC 3-10 - 85 DESC BY M/B George and Tinkerbell Shifron PO Box 12280 Aspen, CO 81612 Asnen Oaks Lot 2: H. Peter Findlay 79 Prospect MT RD Salisbury, CT 06068 Asnen Oaks Lot 4: Margaret B. Shaffer 306 Hibiscus Palm Beach, FL 3348 Asnen Oaks Lot 6: Joyce P. Amico 477 Aspen Oak Drive Aspen, CO 81611 Aspen Oaks Lot 7: Pamela Joseph 407 Aspen Oak Drive Aspen, CO 81611 } 3,1 e~ ~;%' :~ ,- Z ,: ~1~ . W ,~ o a ~ p ~ ~ ~ a ~ w i' d ' i~ i~ - - r' ~• .....~.. .. ~..~, O I~ r N Q f ,..~-~ ~ O e O e~ 1 ~pd,•`~ i °~` Safi i 0 ~ ~ ~ i ~ ~~ I } ~ ~h`+FEN OAK DR ~ 1 I _.-`' ~_--- ~ ~ _ ', ` :~. i i ,~ ~ s O `, ~ ~ ^`. ~.~ i OAK.RIDGE'DR. , 1 ` ~ ~ ~ 1 ~-~ a_ ~' ~ ° ~' ~ ~ ~~ ~. o _ -8J(1 -' ~ ~ ~ U I 41 d d A> N ~~8i C7 ~ T v Z N _ O ~ C .._ .. 8 y E ° 35 3 m m ~ E O ~o ~ ~ n m ~' m m Q m Imp 9y ~ N E ry C L o ~ ~ ~ o '® h ~ m ~ ~ U m$ v S y c u0. c E y f~9 ., ~. g `` ____ __~._. _.,. File No: PC07002437 Attorneys Title Guaranty Fund, Inc. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: September 07, 2007, 8:00 am Commitment Issued: Apri112, 2007, 8:00 am 2. Policy (or Policies) to be issued: POLICY AMOUNT (a) ALTA OWNER'S POLICY $4,350,000.00 Proposed Insured: Roaring Fork Valley Holdings, a Colorado Limited Liability Company (b) ALTA LOAN POLICY Proposed Insured: 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date, by Beatrice Maresi 4. The land referred to in the Commitment is described as follows: A parcel of laud situated in the Southwest Quarter of the Northwest Quarter Section 3, Township 10 South, Range 85 West of the Sixth Principal Meridian, described as follows: Beginning at a point whence the South Quarter corner of said Section 3 bears South 27 degrees 07'58" East 3,172.65 feet; Thence South 53 degrees 53'00" West 361.00 Feet; Thence North 18 degrees 56'00" West 55.00 feet ;Thence North 34 degrees 05'00" West 121.14 feet; Thence North 45 degrees 15'00" West 223.75 feet; Thence North 23 degrees 38'00" West 82.84 feet; Thence North 48 degrees 01'00" West 91.53 feet; Thence North 26 degrees 47'00" West 87.01 feet; Thence North 67 degrees 00'00" East 373.00 feet; Thence South 36 degrees 03'55" East 566.19 feet to the point of beginning. Pitkin County, Colorado Also Know As Lot 3, Aspen Oak Lots, Pitkin County, Aspen For informational purposes only: 101 Oak Ridge Drive, Aspen, CO Attorneys Title Insurance Agency of Aspen, LLC By: Samantha Smalling, Authorized Officer or Agent .9LT.4 Conuninnen(-Schednle.4 This commitment is invalid unless the insuring Provisions and Schedule A end B ere attached. 9262007 ~~":": lJ AGENDA PITKIN COUNTY BOARD OF ADJUSTMENT March 4, 2008 5:30 P.M. Commissioner's Meeting Room NEW BUSINESS: 01-2008 Roaring Fork Valley Holdings, LLC 101 Oak Ridge Drive Aka Lot 3, Aspen Oaks Subdivision Requesting a 40 foot Front Yazd Setback variance where 50 feet is required for this 5.01 acre pazcel in the AR-10 zone district for the construcfion of a new single-family residence. 02-2008 Annie Katz 226 Conundrum Road Requesting a 25 foot Front Yazd Setback variance where 30 feet is required, and a 15 foot North Side Yazd Setback variance where 20 feet is required, on this 2 acre parcel in the AR-10 zone district, to bury a water storage tank that will exceed 30 inches above natural grade within the setback. MINUTES: Please review the minutes for the December 4a' and December 18"' meetings. PLEASE CONTACT JOANNA AT 920-5105 TO CONFIRM YOUR ATTENDANCE ~~'.L?O -~ County of Pitkin } AFFIDAVIT OF MAILING } ss. PUFISUANT TO State of Colorado } PITFON COUNTY LAND USE I, ~,/rUG ~ Api~l6~Z ,being or representing an Applicant to the Pitkin County Boazd of Adjustment, personally certify that I have complied with the public notice requirements of Section 2-20-100 (3) and (4) of the Pitlcin County Land Use Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first class, U.S. Mail to all owners of properly adjacent to the subject property, as indicated on the attached N list, on the ~s day of F6$,ey+4~-y` , 200. The names and addresses of the adjacent property owners were those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. 2. By posting a sign in a conspicuous place on the subject property (so it was seen from the nearest public way) on the ~~~day of~, 20Q~, which was at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached hereto. ~ou6 LFNd3~~C~2 ban- I~an.+,~6F,e~c. l/~/r~:~~ Applicant's name (Please print) Signature Signed before me this~~day of___, 200 by -.~• __ KATHLEEN DEWOLFE ? WITNESS MY HAND AND OFFJCIAL SEAL 9'.~c.. .•~~ My commissionexpir~es:~I Oj ~~ ~/J _<< ~>~+-h Ie~ n ~L~~ My Commission Expires Not blic 04/11/2009 ~~ ~-~a9~~ of Public's Signature ;~~51`~,L~~ r • • SECT, TWN, RNG: 3-10-85 DESC: A PARCEL IN SW4NW4 & NW4SW4 SEC 3-10 - 85 DESC BY M/B George and Tinkerbell Shifron PO Box 12280 Aspen, CO 81612 Aspen Oaks Lot 2: H. Peter Findlay 79 Prospect MT RD Salisbury, CT 06068 Aspen Oaks Lot 4: Margaret B. Shaffer 306 Hibiscus Palm Beach, FL 3348 Aspen Oaks Lot 6: Joyce P. Amico 477 Aspen Oak Drive Aspen, CO 81611 Aspen Oaks Lot 7: Pamela Joseph 407 Aspen Oak Drive Aspen, CO 81611 !~ ~ ~~ ` __,~, e ~ 't= -,:;. ~_~ ~ '~ C~UNITY DEVELOPMENT :DEPART~T 130 South Galena Street Aspen, Colorado 8161 ] (970J 920-5526 Pitkin County Land Uae: 172 Board of Adjusfiient 159 County Land Use Code 174 Flat Fee 162 Zoning and Sign 169 Public Notice+ 160 Planning Enforcement 175 Hearing Officer Referral Fees: 21.0 Airport LLICOI County Clerk 193 County Engineer 194 Environmental Health 208 Historic. 198 Housing 190 Land Management 209 Redstone HPC 206 Wildlife Officer _Q~. Building Fees: 170 Board of Appeals 105 Building Permit 120 Electrical Permit l95 Energy Code Review ] 15 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 152 AVFD Fire Marshal 158 BFD Fire Marshal Other Fees: 155 Use Tax 165 Copy PZ005 Master Plan Copv 185 Park Dedication IS GIS Requirements 161 Housing ImpaeL Fee B 1202 Road Impact Fee B1203 School Impact Fee EH025 Air Quality Impart Fee Other -~-- --y~~ TOTAL ADDRESS/PROJECT ~~~_v~ i CASE/PERMI'C#:_ ~ (~ r ~ ~~~ f) ~ names. .~ -~