HomeMy WebLinkAboutpitkin.boa.74.12_~ .~ _ _
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County of Piticiit
Date Aprl~l5, 1974 1; Case 7~'t~.
South -0astle Creek. Road,
Appe:iar.t Robert 0.. Roy Address Box. 9, ~spen,.Colo,
-.- Sable as above Address Same as above
Gw ~:e
i,ocation of Property A tract of land situated in N~ NE~ Sec. 23, ~o~rrnship lOS,
Rarloe E5 ~', of the 6th_P,I~, (Attached)
,',ny perti;,ent data r.~ust acco.r;x:ay tY:is a~pliration, ai.d will Ue viade a part of this
Caoe \o.
she Eoa-rc wi1T_ .aturn ~h s ,,,~'_.caticn if it does not contain all the facts in question.
Description of prcpc'aed exctap'~ion si:orri-,G justificaaGn:
See attached letter and maps. ~ o~ 6
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PrGVi510nS Of ~.a ZCniil' rOSJ_L,.~On ~2C~L.~in~~' ti:e~iLl~.iil+i.U Tl:Sp2OtOr ~O forWard this
appil0atlOil %O file GGdrG O~ <>G~USi::1OP.t a ~: r0LSOi1 fOr nG~ ~ran`.]tl^~ a hullC~ln~' U2lTrtlt.
ate rejected:
:1 ,: ,~: icatioa LiiOd
/ra e: of Hear~i.-
~1~' --
Y.a ~ ied
Decision:
Da ~...
Secretary
(3(x~C'El~
Spring 1954 Roy family moves to Aspen from Boulder, Colo.
1954-1955 (A plznner Roy had knovrn_in $oulder)
Suggest ~ra£ton Bean
,
.....
to tfie City and`~County for nrofessgnal help in planning
and zoning.
Di?ay 31, 1955 Original Fitkin County zoning adopted.
1956-57 Roy land accuired on Castle. Creek ,
F
survey
1st purveyor (Pete Blough) completes
1958 1st Attorney (Clint Stewart) coL^.pletes !quiet Title Suit --
Civil Action #3085
;arch 18, 1957 At Roy's retiuest, land rezoned fro:? rsF to R-30
(Stewart failed to r,.otify Roy of t'ris change)
Fall, 1957 Roy Eian House started construction
Short tern, construction. Loans, from, raach~rs c3oprn the
valley to proceed with, house.
1965 Roy "Littlerouse" moved to property as a reatsl unit.
Spring, 1966 2nd Surveyor (Jerry Pescan) indicates boundary problem
which jeopardizes 'Little Hgusei1tand 55 ft. strip at
rear of both houses parallel to county road. '
1968 2nd Attorney (Gaorge Petre) cannot proceed because of
possible conflict of interest,
3rd Attorney (Dwight ~hellman) hirzd,to look into problem.
3.rd Surveyor (Jim Riser) hired to verify problem.
{See attachzd land dispute map.)
1970 Permanent long term financing obtained on P;iain House and
1.002 acres_of lsnd~ leaving little house free and clear.
1971 Zoning Ordinance amended. Discover ,land zoned R-30 in 1957.
Spring 1972 Castle Creek Ranch $ubdiysipn approved (P.djacent, north o£
Roy ].and). Jeopardizes one end of $oy access road.
1973 Sry to obtain mortgage on "Little.„house." Turned down because
of boundary dispute and"clouded titled;.
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Rey Land -- 2
1973 Enter into lease and_„opticn to bqy agreement for 1tLttle
House o" Cannot sell, because cannot describe 'boundary.
1973 Civil Action ~4E60 filed to remedy boundary problem.
Suit` a~ainsp ajacent property' ovmers, Koenig, `Tsiiller and
CasO_e Creek Ranch Corp."(Carl Curtis).
Spring 1973 Lark buil3s second house on miadle of acc sg road on Lot 3
of Castle Creek Ranch Subdiv s on thereby c~cs~ng one end
...,~
of Hoy access road.
Late Sur.:mer 1973 Lark puts in access road on Curtis. land.
August 1973 Lzrk receives variance to bu~.ld a second house on Lot 3 of
. .x
_..,~ F. r „w
.
Castle Creek_ P~.nch ~ubc, vision.
Fall 1973 Because'Roy Land is„zoned P.-30, Roy prepares vrorking dr2wings
for a third louse an property.
November 13, 1973 Files plan@ with Pitkin County Building Inspector for r:uilding
Permit. Assistant Euilding Inspector, after calling Deputy'
County Attorney, requester that Roy subriit a letter sfatng
proposed land use,
November 28, 1973 Above requested letter. ,.given to hssistant Building Inspector.
Copy ~d Deputy Count] attorney
December 11, 1973 Conference with Herb Bart~1~ County Planner, requested
application for sub~wision rwseci.
December 11, 1973 Roy caent to County Building Inspector°s Office to fill out.
application nor subGiyisioii; reviea. 'hale fil'irg out £orm,
needed sore information from plans. Looked a't=µplans in
Building Inspector°s Office.:, Buildng'Inspector pad put
,.
note on them, "iovember L+, 1973. Fejected. H:al Clark. 3
units on 2 acres." .Roy ivas never notified that the plans
had_been rajected.
December 18, 1973 F.eceived letter ''rom Cotz~nty Euildng Inspector dated 13
.,_
'~
(Tuesday) in ans~aer to reruest for caritteii '
Decembsr 1973 (T':ursday)
conment eoncernirg 'nuilring'pernit application o£ vovember
13~ 1973 (letter in'Eoy fles,'copy'to iv`ick I~=c Ore h},
This letter concludes that_Poy should see Donna Baer in
the Planning Office"and apply for subrivisiori approval,
Decerbar 1£, 1973
.• ,
Called Lick %:c Grath,, Deputy County Attorney, after reading
Aal Clark°s letter. Nick told Hoy he had ttico problems;
(1) Zoning
(2) Suonivision
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Roy Land -- 3
December lE, 1973 Roy called Donna 3~er to ask if the short.~form for
subdivision of 4 lots of lass Could oe used, as
listad in Subdivision ,re~ulati.ons Paragraph 5,3.
Baer said no, cannot be'used_as state d.id_not
approve. it.
o~ zer 16 copies rof $..sketch plan,
December 1, 1973 Submitted to donna B,
proposed 3-lot Hayden-Bonanza subdivision,
B Vicinity Bap
C. Plot Plari
D, '~dritten Statement__ __ ,
December 21, 1973 Upon receiving a telephone call from Donna Baer, Roy
submitted to her a litter reouesting an exception
from the_geolegc and soils-analysis report (letter
in files.)
December 27, 1973 Public :Jotice published in the Aspen Times of a Public
Hearing before the County Planning and'2onng
_, .
Commission on January l6, 197 at 9°r.F.: to~'consioer
3-lot Sundiyision Sketch Pian with exceptions. (Clipping
in files.)
January 8, 1974 Received letter from Donna 3aer (in files} saying that
due to lengtYi of "PdrZ agenda;"Roq "has been rescheduled
for January 30, 1974e The scheduled Fu51ic fiearng was
thereby postponed..
January 14, 1974 R:oy received letter from attorney indicating a basis for
settling land dispute out of court (letter in files).
January 30, 1974 Roy is fina~ly heard at the F&Z, Action on'the,~ketch ,
Plan tabled pending`' '-
A. Clarification of__t~e.access road._,
B. 7later Certificzton by State Engineer.
C. 5evrer Certification by County Sanitarian.
D~ An on-site inspection by P&Z members.
Donna Baer requested. Roy furnish s disclosure of nr~nership
for files.
Roy asked Peter Guy, Chairman of P&Z, i£ this ryas an exercise
in futifil~ty on his party or should he proceed, Guy ans:~~ered,
Go ahead, if'you meet the qualifications. you dill succeed in
getting your subdivision,
January 31, 1974 F.oy received letter from his, attorney endlosing a copy of a
letter indicating that his client is trilling to settle and
suggesting that the ~ttorn3~s get together on February 13.
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Roy Land -- 4
First week o£ F,eb., 1974 Several long distance telephone calls to the Mate.
Engineer reouasting infor"ation and copies of""water rights
and well Roy had fi~d on years ago.
Februar b 1974 Letter to Peter Gu co to Lonna Baer (see files) clarify
y ~ information reeuested byyP&Z of 3C January. Sing
February 13, 1974 Attorn~s for various parties get together on land dispute
Settle ,ant,
!fie
February 22, 1974 Letter `rom_Pitk'n i.ounty Sanitarian, in answer to_r~ letter
of 8 February X74, received (see files). Last of needed
na Eaer to get on P$<Z spends. Agenda
fillefor 6Claarch LoSChaduled for 20 :`.arch,
__ ._ .
February 27, 1974 Roy received letter.£rom Lonna Baer (in files) saying she
. ~.-..
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submitted a ;copy of the oubd~.vis~oa to _tze,_5tate ..ngineer
..
with water nforr.,aton"~ rat pr viously submitted from
eheescheduleaRocr£ort3'A~ile~74:ineersbyo:arch 2Cth,tcould
s _ .. Y
February 28, 1974 Roy called Donna Eaer, saidr~ho, ~e~11 be there 2Q PSarch_~74.r~
Llarch 1974 ofmly"Aprila1974 hadsbeenesetyuyaonenof the partiesdindthee
land dispute.
hSarch 20, 1974 PdrZ Ivleeting, Total,agenda cancelled. Joe Edwards going
`~-~.._._- , _, 'over his proposals for ,co~~n," zaning. P&Z approves,,, his
p pg ~ _ g continued meatirg set up for 27 larch
ro osals. SD_caa
° _ .. ...
to o thro h a ands taay cancelled. "
T,Iarch 25, 1974 ~ County Commissioners meet_and vote ,in doctnzoping.
(P,'sonday)
I,larch 26, 1974 Donna Baer called F.oy, after 5 F'I:~, and told him, not to
_ bothar to cone to FvZ tomorrow as he hid been aoti -zoned
Roy told her he wotizld be there,
Itiarch 27, 1974 P&Z ;::eating: Action on Toy Subdivision tabled with no ds-
cussion until F&Z received an interpretation (rota the County
y pp ations pending at the tine of rezoning.
Attorne on a lit ~~
Roy called,DorZa Baer, to get an agenda 3 April.
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Roy Land -- S
._
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April 3, 1974 PAZ Ideeting:
letter to P&Z from r1~rning Office vrith County ;atorney's
Opinion (see files)"confirms that zonin~`n effect at the
tDe a deci,ion is Made, rather than at the time application
was made, applies to all projects. F"aiden/Ronanaza
Subdivision is therefore affected oy the rezoning, and Pi's
would be advised to, deny application on the basis of zoning."
Roy objects on the basis of this bring retroactive and also
that Joe ~dwrrds bumped the F&Z agenda on 20 7larch '74 and "
that agenda (vrhich Roy ryas scheduled for) was continued and
taken up at: a snecial .,.eetng on 27 i'.arch '74 but 'in the
meantime on 2S i;:arch '7~ the County Commissioners passed
downzonng, including Rcy
F.oy also asked Herb Warfel at ezhat point in time could a
person go for a variance. 'ris ansva>r, "any time after"a
denial of any County Officer or Bb_dy -- inducing the
denial of a pudding uerr..t by the Building Inspector."
{Roy would like to suggest that he guesses he has just
spent 6 months spinnn his e.neels for inotl'iin~g.)`
A vote was taken by the PAZ and they suggested Roy apply
for a variance,
Roy picked up sn appeal to the Board of Adjustment.
April 4, 1974 Roy balled F,al Clark for an appointment to go over situation.
Appointment 10 ~, 9 April_'740
Conference with Ij~oy attorney, advised settlement out of court.
April 6, 1974 Roy discussed possible settlement with tao of the ether three
lawyers"{See notes in files)o
April 7,'1974 Roy discussed possible settlement with third'"Dwyer: (See notes).
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April 8, 1974 R.oy cai;led donna Baer to see if she' could "meet` with hira` ard, Clark:
April 9,.,1974 Confarence, Hal Clark, Lonna Baer and Roy.
`r7ent over boundary dispute, court case, Sack o£ money to proceed.
Possiple settlarrent out ofcourt. S,:en$al anguish etc. ^1h~r
opinion -- forget 3 lots.'rlth an out of court settlement of the
boundaries, Roy won't have enough land left for 3-30,000 square
foot lots. Go for 2 lots, one "lot 'for each existing house:
Roy indicated to them, as he does to the Board of Adjustment,
that he must sell the "Little `'ouse'0 in order to `pay off the
settlment, lawyer, surveyors, etc:
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Roy Land -- 6
April 10, 1974
April 12, 1974
Roy is reduced in the tentative settles-b17,from 2,2 acres to
„ wa ~~w~
approximately 1.6 acres by paying one neighbor off to
splitting the disputed Lana witn anotiner neignoor L~ clear
up the boundaries, in order to make the "Little ??ouse1°
mark~tablz and a the le al surve i v and sett ent bills
Py g ~ Y~~ "' ~ ,
Donna Baer told roy that if he received a v2rience, he Host
then go back`to theP~ for_,subdivision process and apnrov«l,
Hal Clark informed koy that the deadline for submission of
an a1.plicaton for vardarce._~{as 16 hpril X74 to cake next
_. ,,,~.
Board of Adjustment meeting 3C April.
Roy obtained a second mortgage on Lain House to .pay lawyer
and surve}'dr and to have fundse£or the settlement, ~~
Should land settlMent take place before 4pri1 3C, Roy will
bring information to'Board of hdjustm?rt raeetno.
Justif~.caton for variance, requested -- Geograppie hardship,
April 15, 1974
Respectfnll.;;r sub~!tted,
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Box E
Aspen, Colorado
STATE OF C'PLA1$.AI}O
sa.
County oP 1?ltkin
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PROOF ®F VPlyII~LICAII'ION
Copy of Notice
I, ..,_..Janet_,_Landry_.._.__... do solemnly swear that
t am the ..._Business Manager, or THE AsPEIV z~s;
P ...... .._.......
and ublish ed in the eekly newspaper printed, in whale or in part,
'County oP 1?ltkin, State Of Colorado, and 'has.
~~ a ~~eneral etrculation therein; that said newspaper has been Pub-
llshed continAOVS1Y and uinterruptedly in said County of PItkin,
for a period of more than fifty-two consecutive weeks nett prior
to the flmt gublica}S'6n'of tfie annexed legal notice or advertLe-
ment; that said newspaper has ibeen admitted to the United States
mails as sceond-class matter under the Provlsiona of Rhe Act of
March 3, 1879, or any amendments thereof, and that said uews-
Pa;per Se a weekly newspaper duly qualified for PubLsfiitig legal
notices and advertisements with the meshing of the laws of the
State oP Colorado.
That ~tlieannexed lega6~ notice or advertlseznent was published
to :the regular and entire issue of every number of said weekly
news a rs for the eriod of .,
P Pe ~ P ~ ._......a....._ consecutive insertions; amd
that the first blicatioh of said notice was in the issue oP said
i1
Paper dates . _ pri~,,,_~,..,
the last ublication o 8. °°* A.. ~D, 19 ..7~ and that
P ~ P said notice was n. the .issue of said news-
paper dated ..........._ ............................... A.. D.,~19........
Subscribed and sworn to befoi•~e, a notes /~
rY Pu/lblic In and far
the Count of Pitkin, 'S}ate" of Coloradp, this . ! G
Y _ .. day of
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'REGULAR p1EET
MAY 1, 1974
biEMBER5 PRF.SE~T: Peter GuS~, Chairman
i ~ .. -..
' Bob Child
Henry Pedersen
Sally Reeds
Tom Turnbull
t
Ellie Brickham
- MiI>-e Gassmari u
Joan Lane
. . _.
The meeting was called to order b Chairman Peter Gu t 9:10 a
m
,Y
after a site .
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inspecii.on of Kingdom Hall, Sparovic property.
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eso cat ion
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G~RBA7 uUBDIVISTOV"' FXi"~.
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1e discussion Sally Reeds made
ion .
a motio
that
the Commis
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a r e
pp
ove th ,
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,
.
nCesolution as writ,, en. B
Child second. All in favor. So
~
moved.
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~~' Pet
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pr ese::tcd the e
esoluti
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to
the
Cor,~missbona
stati
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J,, h
~
,
~ had already p
sign.,d zt without an royal prom the (.'J.nmlSSieT1 and that it
,~~~ had already been acted on by the County Commissioners.
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-Tom Turnbull I
made a motion that they accept the Resolution. Bob'Child
,
~ second. All in favor. S
moved.
~' ~
,. Dan Levinson arrived.
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ptASTEP~ PLAN REV7STON'~- GIES~O~?/PAp`_~ AVF`VC)~ ~RF"9 ~~ ."~ •. `"
Herb Bartel, Cii:yJCounty Planner, presented a'~hypothetical pedestri.aii and.
vehicular circu7.ation,plan .from the hosuital area to the City limns near
the Sunny Park residential area. iTe stated that it was presented on7.5- for
'the Commission's thoughts and comments at this time,; but that if we were
~ to rezone based on the 66 piaster Plan, there t*,~ould be a reed for a circula-
~`, tion decision.
~.
~ b1r. Bartel listed some projects in process:
1. The County'is doing engineering for a trail from the end of Galena
`• Street to Silver King and up ~Tunter Valley.`
~! 2. Consilering the closing of Neal Street `to vehictizlar'"t'raffic and
^.~~'~~ using as a, pedestrian lane.
~„f;, 3. The City is proposing another foot bridge at the end of Hopkins
s" - Avenue.
Hank Pedersen suggested a,s_ite-inspection. Chairman Guy scheduled a study y
!'session fo,r SYednesday, play 5, 1974 for discussion of the plan and a site
inspection of the area.
~,~, FiAY7~L'V B0.7~\TZ9 - ESSESSPTTp~' ~ ~iC''-I Z.. g
s'Lt,r,~ Donna Baer of the Planning office presented this request to the Cor.Lmission.
„-~`~. Ms. Baer recommended approval, ho~eever, she pointed out that,' she would
hesitate acting on a plat when there was no existing accurate survey '
because of a boundry dispute under litigation.
Rob Roy, the applicant, asked the Commission for a conditional approval
and nacntioned that the Board of Adju:>'tme.it had approred the lot size. I:c
asked tha~,a chronological history of tho property be entered into record
(attached).
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OF 3~'t~i0~c
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Page 2 __-__~
Plannin^iL• Zoning Commission
play 1, 1974 ,
Bob Child 'moved that the Corunisson approve the exemption in conceut"
suU'ect to a fi
favor. toSo ;_;o~enal plat for revie~~• by the Planning S: Zoning Cora;;fission
p ~,oin to the County Commissioners. Sally Reeds second, all i.n
d
KIATGBO.I FT.3r,7, SU3I)SVISIO~i~ ST`.?:7'CTi PL:a~T:'
~ Donna B~er p oserrcc~ t',e- roque;~ ar.d shored the sheteh plan to the
Com;ni.ssioa. tie =eY ~ ,_~~ r,~ q r .•
r r ._„
sectionb4a4eoflthe~suadiris1ood~~l~ilaaionsepOohioits oonstrctionbof1~
buildir. an a a~si hated a
e~ ablish
regulaiiona pG~kBaer1preserdooutntoh~tnatuta~n13n10pof~cthehsubdivisioa
s re ui.res nd~cape. Theze is also
an access `2hd visibiii`t ~ ""'
y problem and .there is no ~~'ater to the' site, or
sewage'.
Tony i.fazza, attorney for the applicant informed the commission that them
is only a 50 foot set back requirement from a major road for an accessory
parking lot,. in iGficli' case the
parking 7.ot would not be in the fTgou~ plain;
0 r ro~:d re uires onl 400 foot vis~bilit and here
' p, p strict; and
thatstheretlistanVexistin thouse in `ther~rea1son~~hiletin1theDs is ro otir2r
it would not interfere ~ Genic corridorr,
any more-than Zvhat presently exists,
Charlie i'Torth explained the type of structure intended for the site and
said that they would need very little fill for the parking lot. $enry
Pedersen subgested that they would probably be forced to park on the high- .
way during the flood periods and Peter Guy said that the northeastern'
portion of this section floods every 'two to three years.
After further discussion on the subject-, Sally Reeds made a motion that
the Commission deny the Kingdom'Hall sketch plan for the reasons of access,
flood plain, scenic corridor and inadequate parking.'
Tom Turnbull requested that Ellie Brickham vote in his place because lie
was not at `the site.
Henry Pedersen second the motion:. All in Savgr. So moved.
~i'ORO}3ECjT7ITS0AT FYEh1PT.I0N; ~ 'r Li, fie L „ :..~ 1 ,,„
~" Donna Baer e<.plaineu that this request is to divide ovrnership of an exist-
ing duplex and that it requires an exemption because'a sale is involved.
,,~„ The building is 7.ocated in Mountain Valley.
Sally Reeds, made a motion that the Commission approve the exemption with
the stipulation ghat neither unit could be rented except durin~• the s axon;
that the on~iiers ~yould join- a road improvement agreement; and that"'the ' °'
owners would sign an agreement stating that there would i;e no,_on-street
parking. Henry Pedersen second the motion. All in far-or. So moved.
RIDGE 0"_^ RrIS ? OU.1i~1'ATV~` i?f~:~U`f~3`~DIC~~~'"~'<~<, ...,,..~ .:. ~ :- ..
Donna $aer olibned the discussion by telling the Ca preseon that even. thou7li
;the lots in question are beco;uing Iarri•er ander the t plan than t.lic~c,
.y ~i•ere, tt:ey still do not conform ~~ith R-30 zoning. There are 7?. lots t~:;cler
~, 30, 000 square feet, but. the Bo"di°d of ~Acl~ nstnient
those lots. ~ granted a vlriance for
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