HomeMy WebLinkAboutpitkin.planning.246523101013 (2)BOCUMENT LAY®U 1'
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC andlor Pc4cZ
Ordinance for the BOCC and/or Pc~Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Publec Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
CASEI~AD SUMMARY SHEET - PITKIN ~NTY
DATE RECENED: 12/2/96
DATE COMPLETE:
PARCEL ID # 2465-231-01-
CASE # P 2-98
STAFF: Lance Clarke
PROJECT NAME: Caldwel1/1041 Review & Extension of Vested Rights
Project Address: 0630 W. Sopris Creek Rd. ~ ~lys4~o,-., -r~acfs 5-x=2
APPLICANT: Gordon & Judith Ingram
Address/Phone: 320 Washington Ave.Willmette, Il 60091 (847)251-6105
REPRESENTATIVE: Robert Throm
Address/Phone: 617 W. Main ST. 925-2459
RESPONSIBLE PARTY: Applicant Other Name/Address
FEES DUE FEES RECEIVED
PLANNING $1050 PLANNING $1050. # APPS RECENED 10
ENGINEER $0 ENGINEER $ # PLATS RECENED
HOUSING $0 HOUSING $ GIS DISK RECEIVED:
EATV HEALTH $0 ENV HEALTH $
CLERK $105 CLERK $105. TYPE OF APPLICATION
TOTAL $1155. TOTAL RCVD $1155. One Step
RE S:
ounty Attorney
^ County Engineer
^ Zoning
^ Housing
^ Environmental Health
^ Sheriff
^ Land Management
^ Risk Manager
^ Airport Manager
^ Floodplain Administrator
^ Open Space Boazd
^ CO State Forest Service
^ CO Division of Wildlife
^ CO Geological Survey
^ CO Div of Water Resources
^ US Forest Service -Aspen
^ US Forest Service - Sopris
^ CDOT
^ BLM
^ Caucus:
^ Homeowners' Association
~f ~Jd~ldlife Officer
^ As n Fire
asalt Fire
^ Carbondale Fire
^ Aspen Water
^ Aspen P&Z
^ Clean Air Board
^ ACSD
^ Rocky Mtn Natural Gas
^ Holy Cross Electric
^ Aspen School District
^ Other:
DATE REFERRED: " -? ~ -] INITIALS: t'~ ~ DATE DUE:
APPROVAL: Resolution/Ordinance# Date: ~, :' CO;J
Staff/Hearing Officer Approval Date:
Plat/Site Plan Recorded Book ,Page
CLOSED/FII.ED DATE: INTTIALS:
ROUTE TO:
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITI{IN COUNTY,
COLORADO, GRANTING EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR THE
INGRAM PROPERTY
Resolutiou No. 97-5~
I. Gordon L. and Judith K. Ingram (hereafter "Applicants") have applied to the Pitkin County
Board of County Commissioners (hereafter "Board") to consider an extension of vested real property
rights pursuant to Section 4-140-30.
2. The property received 1041 Hazard Review and General Submission approval by Resolution No.
PZ-91-66.
The subject property is located at 630 West Sopris Creek Road, Tracts 15 & 16, Nystrom Tracts,
and is more specifically described in Exhibit A.
4. The Board considered the request at its regularly scheduled meeting of March 26, 1997, at which
time evidence and testimony was presented with respect to this application.
5. The Board determined that the proposed development meets the criteria established in Section 4-
140.30 of the Land Use Code, and, therefore, found the extension to be appropriate.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby grant an extension to the vested rights for the Ingram property until
March 26, ?000, subject to compliance with the following conditions of approval and the conditions of
approval as noted in Planning Commission Resolution No. PZ-91-66 (attached as Exhibit B), except as
amended below.
The applicants shall submit a site plan to the Community Development Department for approval
and recording, prior to submission of any building permit applications. The site plan shall also be
submitted in digital format for integration into the County's GIS system. The site plan shall be
modified as follows:
A. Amend the signature block for the Chair of the Board of County Commissioners.
~l E~'.. L'l
I IIIIII "III IIIIII III' IIIIII IIIIII IIIII III "III IIII IIII
402871 03/27/1997 03:33P RESOLUTION
Resolution No. 97- r7
Page 2
B. Include the following 1041 hazard waiver on the site plan: "Applicant acknowledges that
he/she has been informed by Pitkin County of the existence of 1041 environmental hazard
areas that might affect the property, any improvements, and the use and occupancy
thereof', and include a signature line for the owners.
2. The applicant shall comply with the following standards for development on slopes of greater
than l5%:
A. Adequate mechanical support shall be provided for cut slopes.
B. Adding water which may decrease slope stability shall be avoided.
C. Adding weight to the top of the slope shall be avoided.
D. Disturbed slopes must be contoured so that they can. be revegetated.
E. Steepening of existing slopes shall be avoided.
F. Confine cuts, fills, grading and.excavation to the minimum area needed for construction.
The applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot
perimeter around the structure.
B. Vegetation shall be reduced to break up the vertical and Horizontal continuity of the fuels a
minimum of 60 feet on the downhill side of the residence and up to 45 feet on the sides and
upslope side of the residence.
C. Spacing between clumps of brush and vegetation within the perimeter noted above shall be
a minimum of two times the height of the fuel Maximum diameter of the clumps shall not
exceed 10 feet. All measurements shall be from the edges of the crowns ofthe fuel.
D. All branches from trees and brush within the perimeter noted above shall be pruned to a
height of 10 feet above the ground and ladder fuels from around trees and brush shall be
removed.
E. Tree crown separation within the perimeter noted above shall have a minimum of 10 feet
between the edges of the crowns.
F. All branches which extend over the roof eaves shall be trimmed and all branches within 15
feet of the chimneys shall be removed.
G. The density of fuels within a 100 foot perimeter of the structure shall be reduced.
H. All deadfall within the 100 foot perimeter shall be removed.
I. Low vegetation shall be maintained within a 10 foot perimeter around all structures.
J. The applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
4. The applicant shall comply with the following additional wildfire mitigation standards:
A. Roof construction shall be Class A, non-combustible material with no flat roofs.
B. Vents shall be screened with corrosive resistant wire mesh with mesh '/, inch maximun.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash, and flammable debris.
E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away
from any structure.
F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more
than 6 inches.
J t:' () P, `1 t)
I II'lll I'lll I'I"I III' I'III' I'll'I'I'll III "II' II'I IIII
402871 03/27/1997 03:33P RESOLUTION
2 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
Resolution No. 97- Cjy • •
Page 3
G. Firewood/wood piles shall be stacked on a parallel contour a minimum of I S feet away
from the structure.
H. Swimming pools shall be accessible to Fire Department vehicles.
[. Fences shall be kept clear of brush and debris.
J. Wood fences shall not connect to the structure.
K. Any outbuildings or additional structures shall adhere to the same standards as structures.
L. Fuel tanks shall be installed underground with an approved container.
M. Propane tanks shall be installed according to NFPA 48 standards and on a contour awav
from the structure with standard defensible space vegetation mitigation around any above-
groundtank. Any wood enclosure around the tank shall be constructed with materials
approved for 2 hour fire-resistive constn~ction on the exterior side of the walls.
N. Each structure shalt have a minimum of one (0 pound approved ABC fire extinguisher
placed in a visible and accessible location.
O. Addresses shall be clearly marked with Z inch non-combustible letters and shall be visible
and installed on anon-combustible post.
P. Utility lines shall be buried.
Q. A residential sprinkler system shall be installed if the residence exceeds 5,000 square feet
of floor area.
No development, including grading, landscaping, and vegetation removal or disturbance, shall
occur outside of the approved building envelope, except for utility and driveway extension and
maintenance, and as may be necessary to implement the wildfire mitigation measures required
elsewhere in this document.
6. Any development on the subject property shall be required to conform to all other provisions of the
Pitkin County Land Use Code in effect at the time of this approval, except as otherwise modified in
the other conditions outlined in this resolution.
7. The applicant shall adhere to all material representations made in public hearings and in the
application.
APPROVED AND ADOPTED ON THE 26TH DAY OF MARCH, 1997.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE 5th DAY OF
APRIL, 1997.
BOARD OF COUNTY
PITKIN COUNTY, Q6
By
ATTEST:
/J ,, ~w -
f~s/ (fie tte Jones, Deputy County Clerk
p ,., h, ~ I I"III "III I'I'II III' I'III' IIII'I'I") III "II' IIII IIII
L u ~ ~ 2 402971 03/27/3997 03:33P RESOLUTION
3 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
Resolution No. 97- f~
Page 4
APPROVED AS TO CONTENT:
Cindy Houben
Community Development Director
APPROVED AS TO FORM:
Jo y
Co Attorney
P142-96
PID #2643-271-00-004
suzannew\p itkin\caseslvre\caldwell\reso.doc
J' V J'l C lJ I I"III "III "I"I III' I'III' I'll'I'I"I III "VI'I'I I"I
402871 03/27/1997 03.33P RESOLUTION
4 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
EXHIBIT A
PARCEL 1:
A parcel of Land lying wholly within Tract 72, Section 23, Township 8
South, Range 87 West of the.6th Principal Meridian, and more
particularly described as follows:
Beginning at AP-3 of said Tract 72 and running
502.92 feet to a point on the center line of a
which point is the TRUE POINT OF BEGINNING;
thence South 3g°30'50" East 267.41 feet;
thence South 48°10'10" West 323.95 feet;
thence North 38°03'10" West 298.10 feet to the
30-foot county road;
thence North 40°17'20" East 229.00 feet along
thence North 81'49'10" East 111.74 feet along
TRUE POINT OF BEGINNING.
PARCEL 2:
South 24°59'05" East
30-foot county road,
center line of a
said center line;
said center line to the
A parcel of Land lying wholly within Tract 72, Section 23, Township 8
South, Range 87 West of the 6th Principal Meridian, and more
particularly described as follows:
Beginning at AP-5 of said Tract 72 and r•:nning North 78°18'46" East
1260.17 feet to a point, which point is the TRUE POINT OF BEGINNING;
thence North 41'53'25" West 283.10 feet to the center line of a
30-foot county road;
thence North 47°43'10"
thence North 51'56'50"
thence South 38°03'10"
thence South 52°34'33"
BEGINNING.
COUNTf OF PITKIN, STAT
East
East
East
West
E OF
168.35 feet
144.84 feet
298.10 feet;
293.81 feet
~OLORADO.
along said center line;
along said center line;
to the TRUE POINT OF
EXfiIBIT "A..
LEGAL DESCRIPTION
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402871 03/27/1997 03:33P RESOLUTION
.....- ~xh~h;t ,~
#338. 11/1/91 16:0 Rec $.~~ci 662 FG 6OC
Silo; Davis, Fitkin Cnty Clerk, .,oc $.~ii~
RESOLIITION OF THE PITRIN COIINTY PLANNING AND ZONING
GRANTING 1041 ENVIRONMENTAL HAZARD AND GENERAL SIIBMISSION
APPROVAL. TO THE CALDWELL APPLICATION
Resolution No. PZ-91-~
WHEREAS, David Caldwell, hereinafter "Applicant", has applied
to the Planning and Zoninq Commission of Pitkin County, Colorado,
hereinafter "Commission", for 1041 Geologic, Wildfire, Floodplain
and Wildlife Hazard approval for a single-family residence pursuant. __
to Section 5-400 of the Land Use Code; and
WHEREAS, the applicant has also applied for General Submission
approval pursuant to Section 6-3 of the Land Use Code; and
WHEREAS, the Applicant's parcel is zoned AF-1 and contains
approximately 4 acres; and
WHEREAS, said parcel is located at 630 West Sopris Creek Road
in Tracts 15 and 16 of the Nystrom Subdivision; Section 23,
Township 8 South, Range 87 West; and
WHEREAS, the Applicant is proposing to construct a single-
family residence; and
WHEREAS, the Commission considered the Application at a duly
noticed public hearing at their regularly scheduled meeting on
October 8, 1991; and
WHEREAS, the Commission determined that the applicant can
adequately mitigate identified 1041 hazards; and
WHEREAS, the Commission has determined that said application
complies with General Submission requirements of the Code.
~Q~'~~7
I I"III "III "II'I III' I'III' I'II'I'I"I III "II~'III I"I
402871 03/27/1997 03:33P RESOLUTION
B of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
-_..
#338iCb 1 ~1/al lb: ~i^ Rec S.OC~ bFr 6~~r 601
• Silvia Da~, F'itk.in Cnty Clerk:, Dac "i"i
Resolution No. PZ-91-(~6
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Commission that it does
hereby grant General Submission and 1041 Geologic, Wildfire,
Floodplain and Wildlife Hazard Review approval to the Applicants
subject to the following conditions:
1. To mitigate wildfire hazards on the site the applicant shall
comply with the following measures:
a. Non-combustible roof materials such as metal, the or
asphalt shall be used on all buildings;
b. All oak brush and tall vegetation shall be cleared within
10 feet of all buildings within the envelope. Vegetation
within this area shall be limited to low growing grasses
and plants.
c. All dead vegetation shall be cleared within 60 feet of
all buildings within the envelope; Live oakbrush and
other vegetation within this area shall be thinned.
Thinning shall extend at least 60 feet on the downhill
side of buildings and at least 45 feet uphill and to
either side. The resulting stand of oak shall be patchy
with 10 foot spacing between the crowns 'of remaining
patches.
d. The building envelope shall not be located on a slope
greater than 30~.
e. Branches from trees shall be pruned within the 30'
perimeter to a height of 10' above the ground and ladder
fuels shall be removed from around trees.
f. Branches which extend over the roof eaves shall be
trimmed and branches within 15' of the chimney shall be
removed.
g. All buildings within the envelope shall incorporate
wildfire hazard mitigation.
h. If possible, the driveway shall enter at a ninety degree
angle for the first 25' of the driveway.
i. Road and driveway standards shall meet or exceed County
driveway standards.
j. The applicant shall install a 2,000 gallon water storage
tank with a dry hydrant.
k. All utility extensions to the site shall be buried.
1. The address for the site shall be clearly marked and
visible from the County Road, with letters which are a
minimum of 2" in size.
m. The applicant shall adhere to the guidelines listed in
the State Forest Service handout Wildfire Safety
Guidelines for Rural Homeowners. Pertinent guidelines are
as follows:
I I"III "III "I"I III' I'III' I'II'I'I"I III I'III II'I I'II
";~,~ ~ 402871 03/27/1997 03:33P RESOLUTION
7 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
#3.=6r~b 11' /91 16:i~C Rec 2.ci~i 6FL bb" 3 602
Silvia Da.v. F'itkin r_nty Clem:, Doc $..~n
Resolution No. PZ-91- 6b
Page 3
1) Stack firewood uphill or on a contour away from
buildings. Keep fire fuels away from stacked wood.
2) Place at least one 10-pound ABC-class fire
extinguisher in each structure. A 50-foot garden
hose connected to the hot water heater drain is
useful in a fire emergency inside the house.
3) Keep all roofs clear of debris.
n. Installation of an interior sprinkler system within the
residence is recommended.
2. To mitigate geologic hazards the following design criteria
shall be certified by a professional engineer prior to
submittal of a building permit application:
a. Design lower story walls of building to withstand debris
flow impact and depositional pressures.
b. Construct deflection structures, either an earth berm or
concrete wall, to deflect potential debris flows away
from the building site.
c. Design the building to comply with the Uniform Building
Code Criteria for Seismic Risk Zone 1.
d. Site grading plans and foundation design shall be
certified by a professional engineer.
3. To mitigate impacts to Wildlife habitat, the applicant shall
comply with the following measures:
a. Dogs shall be kenneled.
b. Fencing shall be 42", 4 strand or less with a 12" kick
space between to 2 strands.
c. Native vegetation shall be maintained outside of building
envelope.
d. A minimum of a 100' buffer shall be maintained along West
Sopris Creek. No vegetation removal shall occur within
this buffer zone. The 100' buffer zone shall be
delineated on the site plan.
e. All development, with the exception of the access drive,
shall occur within the building envelope, as designated
on the site plan.
4. A sewage disposal system and water provision for the site
shall be reviewed and approved by the Environmental Health
Department prior to issuance of a building permit.
5. The applicant shall revegetate all areas disturbed by
construction within one growing season of construction.
6. Outside illumination shall comply with Pitkin County Lighting
regulations in effect at the time of building permit
application.
~ t; ~ n ~ 1111111 IIIII Iillll lilt 111111 111111 11111 lil 11111 till 1111
402871 03/27/1997 03:33P RESOLUTION
8 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
Rec ~.!i~i yr` ,~pG 603
Silvia D_~, F'i tk:in CntY C1 erF;, Doc dpi
Resolution No. PZ-91-~
Page 4
~. Prior to submittal of a building permit application, the
applicant shall obtain a residential access permit from the
County Engineer's Office.
8. The applicant shall comply with Pitkin County air quality
standards in effect at the time of building permit
application.
9. All utilities shall be extended underground, within the access
drive where practical.
10. The applicant shall record a 24 x 36 inch mylar site plan
which meets the approval of the Planning Office and County
Attorney prior to building permit application.
a. The following 1041 Hazard Review Warning and Disclaimer
shall be noted on the Plat:
"The provisions of these regulations do not in
any way assure or imply that areas outside of
designated hazard areas will be free from
hazards, or that approved mitigation measures
will guarantee ,the safety of any property."
b. The 100 year flood elevation of West Sopris Creek shall
be delineated on the site plan.
11. All material representations made by the applicant in the
application and in public meetings shall be adhered to.
APPROVED by the Pitkin County Planning and Zoning Commission
at its regular meeting on October 8, 1991.
PITRIN COIINTY PLANNING AND
ZONING COI~SISSION
ATTEST:
sy i% ~ 1 ~-
`Jim 4teser, Chairperson
c
~~.P.~.A1l _ , IZoll.~~
Deborah Skehan,
Administrative Assistant
~~~;'~~
I I"III f'III "I"I IIII I'III' I'II'I ~'II III "II' I'I) I"I
402871 03/27/1897 03:33P RESOLUTION
9 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
#338r~b ?_'=1/S1 16:~_C Fec $.On BK. bh' PG 604
Silvia DG ;, Fitk.in rnty Clerk:, Doc 00
Resolution No. PZ-91-~
Paqe 5
APPROVED AS TO FORM:
~~
Timoth E. tsitt,
County Atto y
zo..s
rsso cald~nll 1041
rv
i,,
J ,~ ., ~
APPROVED AB TO CONTENT:
Suzan Honch a,
Plana nq Director
I I"III "III IIII'I III' ~'lll' I'll'I'II'I III "I'll I'I I"I
402871 03/27/1997 03:33P RESOLUTION
10 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
#338 11/_1/91 ib:nC Fey g,~i„ 162 FG 6OC
Silvi-`avis, F~itkin Cnty C1erF::,
~. p~ i
RESOLIITION OF THE PITRIN COUNTY PLANNING AND ZONING COMMI88ION
GRANTING 1041 ENVIRONMENTAL HAZARD AND GFxrzaar. SIIBMIBSION
APPROVAL. TO THE CALDWELL APPLICATION
Resolution No. PZ-91-~
WHEREAS, David Caldwell, hereinafter "Applicant", has applied
to the Planning and Zoning Commission of Pitkin County, Colorado,
hereinafter "Commission", for 1041 Geologic, Wildfire, Floodplain
and Wildlife Hazard approval for a single-family residence pursuant___
to Section 5-400 of the Land Use Code; and
WHEREAS, the applicant has also applied for General Submission
approval pursuant to Section 6-3 of the Land Use Code; and
WHEREAS, the Applicant's parcel is zoned AF-1 and contains
approximately 4 acres; and
WHEREAS, said parcel is located at 630 West Sopris Creek Road
in Tracts 15 and 16 of the Nystrom Subdivision; Section 23,
Township 8 South, Range 87 West; and
WHEREAS, the Applicant is proposing to construct a single-
family residence; and
WHEREAS, the Commission considered the Application at a duly
noticed public hearing at their regularly scheduled meeting on
October 8, 1991; and
WHEREAS, the Commission determined that the applicant can
adequately mitigate identified 1041 hazards; and
WHEREAS, the Commission has determined that said application
complies with General Submission requirements of the Code.
R
~{~~ ' 1 ^I
., .
#~'~P726 1 ~ 1 /~ 1 15:02 Fec ~. Oi ~ Rk' 6. F'G 601
Sil pia Da~, F•it4 in Cnty Cler4:, Doc•~i0
Resolution No. PZ-91- ~ 6
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Commission that it does
hereby grant General Submission and 1041 Geologic, Wildfire,
Floodplain and Wildlife Hazard Review approval to the Applicants
subject to the following conditions:
1. To mitigate wildfire hazards on the site the applicant shall
comply with the following measures:
a. Non-combustible roof materials such as metal, the or
asphalt shall be used on all buildings;
b. All oak brush and tall vegetation shall be cleared within
10 feet of a_1 buildings within the envelope. Vegetation
within this area shall be limited to low growing grasses
and plants.
c. All dead vegetation shall be cleared within 60 feet of
all buildings within the envelope; Live oakbrush and
other ~~egetation within this area shall be thinned.
Thinning shall extend at least 60 feet on the downhill
side of buildings and at least 45 feet uphill and to
either side. The resulting stand of oak shall be patchy
with 10 foot spacing between the crowns 'of remaining
patches.
d. The building envelope shall not be located on a slope
greater than 30~.
e. Branches from trees shall be pruned within the 30'
perimeter to a height of 10' above the ground and ladder
fuels shall be removed from around trees.
f. Branches which extend over the roof eaves shall be
trimmed and branches within 15' of the chimney shall be
removed.
g. All buildings within the envelope shall incorporate.
wildfire hazard mitigation.
h. If possible, the driveway shall enter at a ninety degree
angle for the first 25' of the driveway.
i. Road and driveway standards shall meet or exceed County
driveway standards.
j. The applicant shall install a 2,000 gallon water storage
tank with a dry hydrant.
k. All utility extensions to the site shall be buried.
1. The address for the site shall be clearly marked and
visible from the County Road, with letters which are a
minimum of 2" in size.
m. The applicant shall adhere to the guidelines listed in
the State Forest Service handout Wildfire Safety
Guidelines for Rural Homeowners. Pertinent guidelines are
as follows:
~~:; ~~ 3
#3..8; ~6 11i /?1 16: i~< Rec ~. ci<~ bF,' bbl: 602
Silvia Davi~ Fitk:in Cnty Cler!-:, Doc $.
Resolution No. PZ-91- ~b
Page 3
1) Stack firewood uphill or on a contour away from
buildings. Keep fire fuels away from stacked wood.
2) Place at least one 10-pound ABC-class fire
extinguisher in each structure. A 50-foot garden
hose connected to the hot water heater drain is
useful in a fire emergency inside the house.
3) Keep all roofs clear of debris.
n. Installation of an interior sprinkler system within the
residence is recommended.
2. To mitigate geologic hazards the following design criteria
shall be certified by a professional engineer prior to
submittal of a building permit application:
a. Design lower story walls of building to withstand debris
flow impact and depositional pressures.
b. Construct deflection structures, either an earth berm or
concrete wall, to deflect potential debris flows away
from the building site.
c. Design the building to comply with the Uniform Building
Code Criteria for Seismic Risk Zone 1.
d. Site grading plans and foundation design shall be
certified by a professional engineer.
3. To mitigate impacts to Wildlife habitat, the applicant shall
comply with the following measures:
a. Dogs shall be kenneled.
b. Fencing shall be 42", 4 strand or less with a 12" kick
space between to 2 strands.
c. Native vegetation shall be maintained outside of building
envelope.
d. A minimum of a 100' buffer shall be maintained along West
Sopris Creek. No vegetation removal shall occur within
this buffer zone. The 100' buffer zone shall be
delineated on the site plan.
e. All development, with the exception of the access drive,
shall occur within the building envelope, as designated
on the site plan.
4. A sewage disposal system and water provision for the site
shall be reviewed and approved by the Environmental Health
Department prior to issuance of a building permit.
5. The applicant shall revegetate all areas disturbed by
construction within one growing season of construction.
6. Outside illumination shall comply with Pitkin County Lighting
regulations in effect at the time of building permit
application.
~~~~''~1
#338'.^_6 -' /~? !?;, t 6; r-~.^_ n'eC 3.00
bk: ~
Silvia D
~s.
FitE:in rnt•;
C1erE-, Fr 603
Do~ii<~
Resolution No. PZ-91-~(
Page 4
7. Prior to submittal of a building permit application, the
applicant shall obtain a residential access permit from the
County Engineer's Office.
8. The applicant shall comply with Pitkin County air quality
standards in effect at the time of building permit
application.
9. All utilities shall be extended underground, within the access
drive where practical.
10. The applicant shall record a 24 x 36 inch mylar site plan
which meets the approval of the Planning Office and County
Attorney prior to building permit application.
a. The following 1041 Hazard Review Warning and Disclaimer
shall be noted on the Plat:
"The provisions of these regulations do not in
any way assure or imply that areas outside of
designated hazard areas will be free from
hazards, or that approved mitigation measures
wi1Z guarantee .the safety of any property."
b. The 100 year flood elevation of West Sopris Creek shall
be delineated on the site plan.
il. All material representations made by the applicant in the
application and in public meetings shall be adhered to.
APPROVED by the Pitkin County Planning and Zoning Commission
at its regular meeting on October 8, 1991.
ATTEST:
Deborah 8kehan,
Administrative Assistant
1 .S v , ~.
PITRIN COIINTY PLANNING AND
ZONING COMMISSION
By J% ~ 1 ~"`-
` Jim Qteser, Chairperson
c
#338r?b ?"'~1/S1 16:x:2 Rec $.00 D+k: bF° FG 604
Silvia Da~, Fitk.in ~nty Clerk., Doc .00
Resolution No. PZ-91-~
Page 5
APPROVED AS TO FORM:
~~
Timoth E. tsitt,
County Atto y
APPROVED AS TO CONTENT:
suaa 1Cono n,
Plann nq Diroctor
a.s
r~so caldwll 1041
#338726.1/21/91 16: tit kec ~.i~p P+F~62 F6 605 -___- -
Silvi.a Davis, F'itk:in Cnty Clergy::, Doc ~.i~p
EXRIBIT "A"
LEGAL DESCRIPTION
PARC='L I:
A parcel of Land lying wholly within Tract 72, Section 23, Township
8 South, Range 87 West of the 6th Principal Meridian, and more
particularly described as follows:
Beginning at AP-3 of said Tract 72 and running
502.92 feet to a point on the center line of a
which ooint is the true point of beginning;
thence South 38'30'50" East 267.41 feet;
thence South 48"10'10" West 323.95. feet;
thence North 38'03'10" West 298.10 feet to the
county road;
thence North 40"17'20" East 229.00 feet along
thence North 81"49'10" East 111.74 feet alona_
true point of beginning.
Except County Road Right of Way
South 24'59'05" East
30-foot county road,
center line of a 30-foot
said center line;
said center line to the
' J Y.i ., 1. 7
MEMORANDUM
TO: Board of County Commissioners
Regular Meeting -March 26, 1997
THRU: Cindy Houben, Community Development Director
FROM: Suzanne Wolff, Planner
RE: Ingram Extension of Vested Rights
REQUEST: Pursuant to Section 4-140.30, the applicants are requesting an extension of the vested
property rights for the 1041 Hazard Review and General Submission approval granted in 1991.
APPLICANT: Gordon & Judith Ingram
REPRESENTATIVE: Bob Throm
LOCATION: 630 West Sopris Creek Road; Tracts 15 & 16, Nystrom Tracts
ZONING/LOT SIZE: The lot is zoned AFR-10 and contains 4.33 acres.
BACKGROUND: Pursuant to Resolution No. PZ-91-66, the Planning Commission granted 1041
Hazard Review approval to construct asingle-family residence. The site plan was not recorded.
STAFF COMMENTS: There are no proposed changes to the Site Specific Development Plan. Since
the original approval was granted, the County adopted a new Land Use Code. Staff has reviewed the
previous approvals for conformance with current County policies and regulations.
1041 HAZARD REVIEW: The property contains severe wildfire hazard areas, is within or adjacent to mule
deer and elk habitats, contains slopes of 15-30%, and may be impacted by infrequent debris flow.
Wildfire: The property is within a mapped severe wildfire hazard area. The conditions included in
Resolution No. PZ-91-66 are consistent with the current standards in the Code for development within
severe wildfire hazard areas, and have also been included within the conditions of approval of this
extension.
The application was referred to the Basalt Fire District, however, comments were not received by staff.
Geologic: The building envelope contains slopes of approximately 15-30%. Staff has included the
standards from Section 3-80.50(C)(1) in the conditions of approval, so the approval will be consistent
with the current requirements of the Code. The conditions which were included in the original approval
to mitigate potential debris flows, are consistent with current requirements. A geologic report was
prepared by Chen Northern, Inc. in 1991.
Wildlife: Mike Villa notes that the conditions of the original approval are adequate to mitigate impacts
on wildlife.
f ~ ;': ~ g
~J
COMPLIAN E WITH ONDITION OF APPROVA :The applicant has rough graded the access road, ha
drilled a well, has installed a septic tank and leach field, and has performed defensible space clearing and
thinning. A site plan was not recorded. The other conditions are not applicable until building permit
submittal or issuance.
RECOMMENDATION: Pursuant to Section 4-140-3Q staff recommends that the Board approve the
Ingram Extension of Vested Rights, subject to compliance with the conditions in the attached Resolution
and the conditions of approval as noted in Planning Commission Resolution No. PZ-91-66, except as
amended.
xhi it
A. Wildlife Officer memo
stn,
~~~;
.... ~~.,-..~.~~SF t•'~2C"~'°? ~]"?~: ~]~ cm,~P: T't-p,~ pr lF GJORI25 F.1.
//""_~ ~ •
Pitkin County
M~>~IaR~.xulrlvl
TO: Lance Clarke
FRAM; Michael Villa-~Wildlif'e Biologist
RE: Caldwellfingram i(kli Hazard Review & Panensicm of Vested Rights
bA7'F: January 7, 1497
Lance, sntrcaquent to our site visit and discussion of this parcel, I believe the conditions
pertaining to wildlife in the cmiginal approve[, are adequate. If you have any quesGcmti
regarding; this parcel please call #5345.
Pitkin County Land Management
76 service Center Road
~~,H E~,~,,, Aspen, Colorado 81611
Hecvaer. ryc[.o (g7p} 92p-5214 Fax' (974} $2Q-5374
V'
Lance Cla~ce, OS~F6~J2
'TJ9'T , Re: CaZdweZl~In~im VR Extensi - __
i - ___
X-Sender: lancec@comdev.aspen.co.us
Date: Thu, 27 Feb 1997 08:46:12 -0700
To: Suzanne Wolff <suzannew@comdev.aspen.co.us>
From: Lance Clarke <lancec@comdev.aspen.co.us>
Subject: Re: Caldwell/Ingram VR Extension
At 12:20 PM 2/26/97 -0700, you wrote:
>Trying to be prepared...
>Crockett rated the property as severe in 1991 review with mitigation
similar
>to what is currently required. You referred to Basalt FirE=_ but not CSFS.
>Should they review, or did we determine that original Crockett letter was
>sufficient?
>Suz-- my recollection is that we talked about this at a st<~ff meeting and
didn"t see any point in going through takings since there had already been
an approval--we would just update conditions as necessary. I don't recall
dcecision on not sending to CSFS. I either just blew it or thought
Crockett's plus any update would be sufficient. We can talk conditions.--LC
,Printed-for ~uzanne~ol~f <suzannewf~coindev.aspen.co.us> - ~
• ~ f i L
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
TO: County Attorney
Wildlife Officer
Basalt Fire
FROM: Lance Clazke, Community Development Depazhnent
RE: CaldwelUingram 1041 Hazard Review & Extension of Vested Rights
Parcel ID #2465-231-O1-
DATE: January 3, 1997
Attached for your review and comments is an application submitted by Gordon and Judith Ingram.
Please return your comments to me no later than February 7, 1997.
Thank you.
;. ~~ r)
County of Pitlcin } AFFIDAVIT OF NOTICE BY
} ss. POSTING OF A PUBLIC HEARING
State of Colorado } FOR A PITKIN COUNTY
DEVELOPMENT PERMIT
The undersigned, being first duly sworn, deposes and says as follows:
I, ~at~~d2! ~ ~ /bf ~iyl ,being or representing an Applicant for a Pitkin
County Development Permit, personally certify that the attached photograph fairly and accurately
represents the sign posted as notice of the public hearing on this matter in a conspicuous place on
the subject property (as it could be seen from the nearest public way) and that the sign was posted
and visible continuously from the G[~~day of~~' 19 ~ , to the ~ day of ~,
~: =~-~ %` .. ~''~`'-' ~'~-~-~'-`-` ; w `' ~~ -~= -~- efore the public hearing).
_ :.~. ~ ~- ~~.i ~~~'-1.':~ . ~~'1`'s'~~.:~.:':~" '~' APPlicant's Signature
Subscribed and sworn to before me this ~ day of
WITNESS MY HAND AND OFFICIAL SEAL.
My commission
~' C.
~-~. c~
Notary Pu 'c's Signature
~ b. Hid
~O .
Joy S. Higens/Notary Public
My Commission expires 4122198
601 Fist Hopkins
Aspen, Colorado 81611
L' ..~ ' ..C'.
- - -.'~
~.~_* , ~
ASPEN/PITKIN
CONIMUNITY DEVELOPMENT DEPARTMENT
PITKIN COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Resolution
No. 95-226 establishes a fee structure for Planning applications and the payment of
all processing fees is a condition precedent to a determination of application
completeness.
3. APPLICANT and COUNTY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
COUNTY further agree that it is in the interest of the parties to allow
APPLICANT to make payment of an initial deposit and to thereafter permit
additional costs to be billed to APPLICANT on a monthly basis. APPLICANT
agrees he will be benefited by retaining greater cash liquidity and will make
additional payments upon notification by the COUNTY when they are necessary as
costs are incurred. COUNTY agrees it will be benefited through the greater
certainty of recovering its full costs to process APPLICANT'S application.
4. COUNTY and APPLICANT further agree that it is impracticable for
COUNTY staff to complete processing or present sufficient information to the
Planning Commission and/or Board of County Commissioners to enable the
Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior
to decision.
~Lr,r~'~1,~
.,
5. Therefore, APPLICANT agrees that in consideration of the
COUNTY'S waiver of its right to collect full fees prior to a determination of
application completeness, APPLICANT shall pay an initial deposit in the amount
of $ which is for _ hours of Planning staff time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
COUNTY to reimburse the COUNTY for the processing of the application
mentioned above, including post approval review. Such periodic payments shall be
made within 30 days of the billing date. APPLICANT further agrees that failure to
pay such accrued costs shall be grounds for suspension of processing.
PITI{IN COUNTY APPLICA1~iT
(~ ~
Cindy Houben
Community Development Director
~~~~~T~ /~~°~
c~_
Signature
Date: / jam, - ~ 7
Mailing Address:
2
/~ n i~ r
,S ~~.i .,( ,J
•
ASSESSOR'S OFFICE
j~5 eS St. rTla l(l :=it: l"`F;n^„';
aspen, Colorado ~~r%'~'
920-5160
I MEMORANDUM OF ADJACENT PROPERTY OWNERS
DATE: April 19> 1991
SUBJECT PROPERTY: 630 West Sopris Creek Rond
PARCEL Number: 2465-2;'-01-013
~ OWNER: David R. Caldwell
Davis, Gary J.
Box 2844
Aspen, CO 81612
Maki, Susan K.
2610 South Vine
Denver, CO 80210
Moscoso, Albert
301 East Hyman
Aspen, CO 81611
2465-231-01-006
2465-231-01-007
2465-231-01-008
Nadi, Mary Elizabeth
Evenden, David J. and Mina
P.O. Box 1534
Basalt, CO 81621 2465-231.-01-012
Oys, Charles M. and Barbara H.
Box 948
Basalt, CO 81621
2465-231-O1-COS & 2465-231-01-005
~~~ ~ J / Q c mac, ~
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i~RRA~TPY DBBD
THIS DEED, made this ~( day of ~ U~, 1993
between David Robert Caldwell, whose address s x150 HARLOW RD.,
PRE SCOTT, AZ 8630] ("Grantor"),
and Gordon ~„ INGRAM AND NDITH K. INGRAM, as joint tenants,
320 WASHINGTON AVE., WILMETTE IL 60091 ("Grantees"):
WITNESSETH, That the Grantor, for and in consideration of
the sum of Ten Dollars and other good and valuable consideration
to the Grantor in hand paid by the Grantees, the receipt and
sufficiency of which is hereby acknowledged, has granted,
bargained, sold and conveyed, and by these presents does grant,
bargain, sell, convey and confirm, unto the Grantees, their
successors and assigns forever, all the real property, together
with improvements, if any, situate, lying and being in Pitkin
County, Colorado, more specifically described in Exhibit "A",
Legal Description, attached hereto and made a part hereof by this
reference.
TOGETHER with all and singular the hereditaments and
appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues and profits thereof; and all the estate, right, title,
interest, claim and demand whatsoever of the Grantor, either in
a law or equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances.
~o TO HAVE AND TO HOLD the premises above bargained and
described with the appurtenances unto the Grantees, their
successors and assigns forever. And the Grantor, for himself,
his heirs, executors, and administrators, does covenant, grant,
~. bargain, and agree to and with the Grantees, their successors and
J assigns that, at the time of the ensealing and delivery of these
presents, he is well seized of the premises above conveyed, has
good, sure, perfect, absolute and indefeasible estate of
inheritance, in law, in fee simple, and has good right, full
power and lawful authority to grant, bargain, sell and convey the
same in manner and form as aforesaid, and that the same are free
and clear from all former and other grants, bargains, sales,
liens, taxes, assessments, encumbrances and restrictions of
whatever kind or nature so ever, EXCEPT:
1. 1993 taxes due and payable in 1994.
2. Right of way for ditches or canals constructed by the
authority of the United States as reserved in Patent recorded
March 29, 1929 in Book 162 at Page 154.
3. Reservation of an undivided one-quarter interest in and
to any and all oil and mineral rights in, on or under subject
property, together with the right to prospect for, mine and
remove the same, as set forth in instrument recorded November 19,
1962 in Book 200 at Page 55.
4. Easement and right of way for an electric transmission
or distribution line or system, as granted to Holy Cross Electric
Association, Inc., in instrument recorded in Book 240 at Page
227.
5. Terms, conditions, provisions and obligations of
Restrictive Covenants as set forth in Deed recorded in Book 243
at Page 636.
6. Right of way for County Road.
7. Terms, conditions, provisions, obligations and all
matters as set forth in Resolution of the Planning and Zoning
Commission recorded November 21, 1991 in Book 662 at Page 600 as
Resolution No. PZ-91-66.
The Grantor shall and will WARRANT AND FOREVER DEFEND the
above-bargained premises in the quiet and peaceable possession of
the Grantees, their successors and assigns, against all and every
person or persons lawfully claiming the whole or any part
thereof. The singular number shall include the plural, the
plural the singular, and the use of any gender shall be
applicable to all gender. ,
1993.
Signed and delivered this
STATE OF )
)ss.
COUNTY OF )
The foregoi g Warranty Deed was acknowledged before me this
day of _ 1993 by David Robert Caldwell.
Witness my ha d and officia seal.
My commission expires: ~p /^/~'9 r ~,~ _ w ~
~C`,28
EXHIBIT A
PARCEL 1:
A parcel of Land lying wholly within Tract 72, Section 23, Township 8
South, Range 87 West of the 6th Principal Meridian, and more
particularly described as follows:
Beginning at AP-3 of said Tract 72 and running South 24°59'05" East
502.92 feet to a point on the center line of a 30-foot county road,
which point is the TRUE POINT OF BEGINNING;
thence South 38°30'50" East 267.41 feet;
thence South 48°10'10" West 323.95 feet;
thence North 38°03'10" West 298.10 feet to the center line of a
30-foot county road;
thence North 40°17'20" East 229.00 feet along said center line;
thence North 81°49'10" East 111.74 feet along said center line to the
TRUE POINT OF BEGINNING.
PARCEL 2:
A parcel of Land lying wholly within Tract 72, Section 23, Township 8
South, Range 87 West of the 6th Principal Meridian, and more
particularly described as follows:
Beginning at AP-5 of said Tract 72 and running North 78°18'46" East
1260.17 feet to a point, which point is the TRUE POINT OF BEGINNING;
thence North 41°53'25" West 283.10 feet to the center line of a
30-foot county road;
thence North 47°43'10"
thence North 51°56'50"
thence South 38°03'10"
thence South 52°34'33"
BEGINNING.
COUNTY OF PITKIN, STAT
East
East
East
West
E OF
168.35 feet
144.64 feet
298.10 feet;
293.81 feet
~OLORADO.
EXHIBIT "A"
LEGAL DESCRIPTION
along said center line;
along said center line;
to the TRUE POINT OF
(`e i . " ~>
J:i '.r ~ C
CERTIFICATE OF MAILING
RE: CALDWELL/INGRAM 1041 HAZARD REVIEW & EXTENSION OF
VESTED RIGHTS
I hereby certify that on this 18th day of February, 1997, a true and conect copy of the
attached Notice of Public Hearing was deposited in the United States mail, first-class postage
prepaid, to the adjacent property owners as indicated on the attached list of adjacent property
owners which was supplied to the Aspen/Pitkin Community Development Department by the
applicant in regazd to the case named on the Public Notice.
By: Rhonda Hams
Administrative Assistant
frm.mailing
<'~ Fvc , r
., v`~v~
PUBLIC NOTICE
RE: CALDWELL/INGRAM 1041 AA7AR11 REVIEW & EXTENSION OF VESTED
RIGHTS
NOTICE IS HEREBY GIVEN that a public hearing will be held oa Wednesday, March 26, 1997
at a regular meeting to begin at 5:00 pm before the Board of County Commissioners, District
Courtroom, 506 E. Main St, Aspen to carsideran applicazion submitted by Gordon and Judith
Tngiam tequasting an extension ofvested rights fora 1041 hazard zEViewto construct a single
family residence: Approval was granted by the Planning and Zoning Commission in 1991
(Resolution No. 9I-66). The property is located at 630 West Sopris Creek Road, and is described
as a parcel of land lying wholly within Tract 72, Section 23, Township 8 South, Range 87 West of
the 6th P.M. For further information contact Suzanne Wolff at the Aspen/Pitkin Community
Development Department (970) 920-5093. Copies of the proposed Resolution are available for
public inspection during regulaz business-hours in the Office of the Clerk and Recorder, 530 East
Main Street Aspen, Colorado 81611. Phone (970) 920-5180.
Jeanette Jones, Deputy County Clerk
Boazd of County Commissioners
Published in the Aspen Times on February 22. 1997
Pitkin County Account 00113
~~'„rZ7
~/ .. V
November 6, 1996
Mr. Lance Clazke
Aspen-Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: Extension of Vested Rights -Caldwell 1041 Review
Dear Lance:
I submit for your information the following materials on the extension of the vested rights, 1041
No. PZ 91-G6 dated October 8, 1991.
The property is now owned by Gordon L. and Judith K. Ingram. A copy of the recorded
Warranty Deed of this fact is enclosed.
Section 4-140.30A:
The applicant has complied with the following conditions of the original 1041 approval:
Zoning: The site is zoned AF1.
Access: An access road averaging 3% grade has been rough graded.
Water: Domestic well has been drilled and produces 15 G.P.M. plus flow.
Sewer: Aseptic tank and leach field has been constructed and approved by Pitkin County
Environmental Health Department.
Wildfire: All oak brush and tall vegetation has been removed from the approved building
envelope. In addition, much oak brush dead fall has been cleared from the
property together with clearing pathways to West Sopris Creek, thus providing
easy access to this water source in the event of a wildfire.
~q Clt~s
617 West Main Street
Aspen, Colorado 81611
Telephone 303/925-2459
Mr. Lance Clarke
November 6, 1996
Page Two
Section 4-140.30 A2:
The above described work has been completed in a timely manner in preparation for making
application for a building permit (in the summer of 1996) from Pitkin County. Unfortunately,
health and financial considerations now preclude going ahead with construction of a single-
family residence. The applicant has spent in excess of $15,000.00 in additional surveying, septic
tank and leach field installation, building site cleaning, improving temporary access, partial
fencing and the completion of architectural plans and specifications.
Section 4-140.30 A-4:
The applicant would be served by this extension approval, representing to a potential buyer that
said 1041 has been vested for an additional three years. I ask that you grant this extension
without further delay.
Thank you for your efforts.
Very truly yours,
~r
Robert H. Throm
RHT:a2z
~~~
~C~'~JJ
Reflecting across professions on emerging developments...Providing opportunity for personal and organizational renewal.
Q~~. '3 ~ ~~ ~~
~~ ~= U 6 3 ~ ~~.
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. .l„ ~vl
The Rev. Dr. Gordon Ingram, President
320 Washington Avenue
Wilmette, Illinois 60091 (847) 251-6105
PITHIN COUNTY
PRE-APPLICATION CONFERENCE SUMMARY
DATE: October 7, 1996
PLANNER: Lance Clarke
PROJECT: Extension of Vested Rights-Caldwell 1041 Review
OWNER: David Caldwell
REPRESENTATIVE: Bob Throm
SUMMARY
1. Type of application: Extension of Vested Rights.
PHONE: 925-2459
2. Describe action/type of development being requested: Extension of Vested Rights
fora 1041 Environmental Hazazd review for a single family residence located on West
Sopris Creek Road. 1041 Hazard Review approval was granted to the applicant by the
Planning and Zoning Commission on October 8, 1991, by Resolution No. 91-66.
3. Areas in which applicant has been requested to respond/types of reports
requested: Please provide a summary of the 1041 issues and concerns which were
initially reviewed and mitigation measures which were approved as well as a summary of
other issues which were addressed in the original application. Also, please address the
criteria for Extension of Vested Property Rights as contained in Section 4-_140.30_ and
Application Contents as specified in Section 5-50.20 (attached).
Referrals will be to Basalt and Rural Fire Protection District.
4. Review is before: BOCC
5. Public Hearing: Yes. Applicant must post a sign on the property for the public
hearing.
6. Adjacent Property Owners: Applicant is required to submit a list of adjacent
property owners (one copy) and an addressed envelope for each owner.
7. Provide disclosure of ownership: Yes (two copies).
8. Number of copies of the application and maps to be submitted: 10.
~ .,
9. What fee was the applicant requested to submit: $1,155.00 deposit. ($1,050 for
Planning, $105 for County Clerk.)
10. Comments/Unique Concerns: In addition to other materials referred to, please be
certain to include:
• Summary of issues from prior review, including any changed circumstances, and
outline of need for Extension of Vested Rights, addressing criteria from section 4-
140.30 and any other pertinent information which shows a need for an extended
vesting period.
~i Copies of approved Site Plan/Plat.
`~ Copies of original approvals.
~' Proof of ownership.
~• Letter from owner giving consent to represent.
• Application fee/agreement to pay form.
• Copies of this pre-application summary.
~ .,~~.
September 30, 1996
.ASPEN ~ PITKIN
COMMUNITY DEVELOPMEM DEPARTMENT
Robert Throm
Robert Throm Real Estate
617 West Main
Aspen, CO 81611
Deaz Mr. Throm:
You have requested a determination from the Pitkin County Community Development
Department regazding the "vested" status of the Caldwell 1041 Hazard Review
Application on West Sopris Creek Road. This approval was granted by the Pitkin County
Planning and Zoning Commission in October, 1991. It does not appeaz that a final 1041
site plan plat was ever submitted and recorded. A vested right expires three yeazs from
the date of approval, unless extended according to the provisions of the Land Use Code.
To establish common law vested rights a property owner must show that substantial work
has been undertaken and completed in reliance upon the development approval. The
establishment of a well is not an event regulated by the County and therefore not in
reliance upon our approval. The road and clearing present on the property do not of
themselves demonstrate substantial reliance. Although both would be a consequence of
an approval, neither show substantial direct reliance upon the terms of the development
approval. This determination of the Community Development Department may be
appealed to the Boazd of County Commissioners.
This property is in an azea mapped as "severe wildfire hazard". The newly adopted Land
Use Code (1994) does not permit development in azeas mapped as severe wildfire hazazd
azeas. For any development to proceed on this pazcel a new review would be required
under the new Code standazds. This could be processed under the Code provisions for
an extension of vested property rights request. During this review the Boazd of County
Commissioners may wish to place additional conditions on any approval or may
determine that no development is appropriate for the property, in which case a "takings"
process may ensue.
If you wish, I could send you apre-application summary which would detail the materials
that should be submitted for an extension of vested rights request.
/?. _ „
~ J ~~ ,.J ~. ~ V 13O SOOTH GALENA STREET AsrEN, GULORAW &1611-1975 ~ PHONE 970.920x090 PA.e 970.920.Sd39
r~~~.d ~~ Rxynea r,p.,
Please call me if you would like apre-application summary, or if you have any other
questions.
Sincerely:
~~ C~~
Lance Clazke, AICP
Deputy Director
cc: John Ely
Cindy Houben
~J Lr
Prom: Lisa MxcDOnalA To: Lance Clark Daie: 3/7i/95 Tme: 11:13:4? Pxge'I of 1
• •
MI;MOKtINUUM
HATE: 27 Septernber, 1996
TO: Lance Clark
PROM: John lay
RC: 17ra1't Letter to Kobert 7"hrom
'fhrom.
This language should be included into Scptembex 1G, 1996, draft letter to Robert
'I'o establish cotrunon law vested rights a property owner
must show Thal. substantial work has been und~-tak~r and
completed in reliance upon the derelopment approval. "I'he
establishment of a well is not an event regulated by the
County and then;fore not ui reliance upon our approval.
'fhe road and clearing present on the property do not ul'
themselves demonstrate subshinlial reliance. Although both
would he a consequence of an approval, neither show
substantial direct reliance upon the t~nns of the development
approval. 'I7~is determination of the planning office maybe
appealed to the ]3oard of Cotmty Gommissioncrs.
17iis language 1 would suggest bernserted as a second paragraph to your letter. If you
have any other questions let me know.
. n
~~1,~; , v
MESSAGE DISPLAY
TO lance Clarke ~~ ~ `~
From: John Ely
Postmark: Sep 20,96 8:53 AM
Subject: Forwarded: Phone message from bob throw
------------------------------------------------------------------------------
Comments:
From John Ely:
this needs to come you lance; i mentioned this to Cindy earlier
this week but have not seen her since; give me a call and i can
help you with it
Message:
From Lisa MacDonald:
Please call
' put determination in writing as to why Caudwell extension was
denied and outline why it did not meet code standards. send to
617 west main aspen 81611
----------=====X=====___-------
J~
~('°~''~~~J
Referral Fees;
00113-63810-035
OOI14fi3340.163
6202;{3340-190
00125-63.!40.205
0011,-63815_036
00113-63812-212
Sales:
00!13-63830-034
-64000-i45
--/Q S ~ .
County Engineer
City Engineer - - --- -.
Housing ~--- - - - --
Em~ironmental Health - --- -
CounR-Clerk ~-
WildlifeOfticer --~~~-
Counh-Code
COPY Fees ---- - - - -
Other
Name: ~ "~~
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City Land Use Application Fees:
00113-63850.041 Deposit
-63855-042 Flat Fee
-63860-043 HPC
-63885-26g
-63875-04ti publicRight-of--Way
-MROI 1 Zoning ,S Sign Permit
Use Tax
1~1-i'7100-383
1500(1-6305(y~y80 Park Dedication
15(HX}.t,305i~32 AHCommercial
qH Residential
County hand Use Ap
0 plication F
0113-63800.033 ees:
Deposit
63805-034 Flat Fee
-63820.037 Zoning
-63825.-038 Isoard of Adjustment
Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(970)920-5090
Dotal l~~.~ -~ ~- -.
Date: ~~/ ~ Check: ~~ ~
Project __ - --~-
Case No: ''~~ ~ ';'-
No. of Copies ~~-
• •
LARGE PLAT(5)
AVAILABLE TO VIEW AT
COMMUNITY DEVELOPMENT
AVAILABLE TO BUY AT
CLERK & RECORDER