HomeMy WebLinkAboutpitkin.planning.246533101006 (2)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION'
LISTED BELOW TN TIE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (llxl'n
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DETERMINATION OF THE HEARING OFFICER OF THE COMMCTNITY DE'VELOPM'ENT
DEPARTMENT OF PITHIN COUNTY, COLORADO, APPROVING'TIIE CHEFF"Sri~C'<AT;'
REVIEW AND GNIQS EXEMPTION
Determination No.~' -2003
RECITALS
] . Stanley W. Cheff ("Applicant")7>as ailplied to the Pitkin County Hearing Officer ("Hearing
Officer") for special reviewapproval and GMQS exemption for a TDR receiver site, in order to utilize one
TDR for additional floor area.
2. The pazcel is lot 29, Sopris Mountain Ranch, and is more specifically described in Exhibit A.
3. The parcel contains 35.72 acres and. is in the RS-30 PUD zone district.
4. The Hearing Officer considered this application at a duly noticed public hearing on July I5, 2003,
at which time evidence and testimonywere presented with respect to this application.
5. The Hearing Officer finds that the development is consistentwith the special review criteria for a
TDR receiver site, and that the proposed development'ptherwise pomplies with the applicable provisions of
the Land'Use Code.
NOW THEREFORE BE IT RESOLVED liy the Pitkin County Community Development
Hearing Officer that he does liereby approve the Cheff Special Review and GIvT~S Exemption, siibject to
the following conditions, which shall run with the laud and be binding on aThsucceasors in interest.
Prior to issuance of any building permits, the Applicant shall:
A. Submit a drainage and erosion control plan for review and approval by the County
Engineer.
B. Submit a Construction Management Plan in accordance with the Asset Management Plan
for review and approval by the County Engineer. The Construction Management Plan
shall indicate that vehicles associated with consttuction (i:e. employee traffic,
construction vehicles, staging and deliveries) shall not violate County Law, such as
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parking on County rights-of-way.
C. Pay the applicable road impact fee.
D. Obtain approval of septic permits from the Environmental Health Department. Tlie septic
systems shall be Tocated'within the approvedµbuiing enYelopes,~atid must comply witli the
setback requirements from urface and"groundwater sources. A qualified professional
engineer must desio t the systems.
2. At building permit application, the Applicant shall surrender one Certificate of TDRs and a copy
of the deed evidencing the Applicant's acquisition of the Certifcafe (if applicable), in order to
construct aq additional 2,500 square feet offloor area in' excess of 5,750 square feet. '
3. Prior to commencement of any demolition, earthmoving or construction activity, the AppIicazrt
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Hearing Officer Determination No. `Z~-2003
Page 2
shall. stake the corners of the building envelope and install silt fences between any construction
and aziy body of permanent or ephemeral water. The stakes and fencing shall remain in place
until a Certificate of Occupancy is issued for the residence.
4. The Applicant shall comply with provisions of the BOCC Resolution No. 95-120, unless otherwise
replaced or amended by the conditions of this approval '
5. This condition shall amend BOCC Resolfion No. 95-120 Yo read:
"The A licant shall corn 1 with the followin' landsca ina and
PP P Y g p a wildfire defensible space
mitigation standards`.
A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined
in the UBC 1997 Secfion I Slf~ "9~ood"shalce~sliingle roof coverings are~prohibited. Roofs
with less than a 3:12 pitch are not permitted unless they comply with the following:
I) AI] roof coverings shall be noncombustible materials as defined in the Uniform
Building Code ([JBC) 1997 Sect"ton I'~b4 -and installed on a Class A roofassemhly.
2) All roof coverings shall have a surface that shall facilitate the natural process of
clearing the roof.
3) All roof designs shall facilitate the natural'process of clearing roof debris.
Protrusions above the rooflihe, such as parapets, shall be prohibited.
4) tRoofmumaslope of~l t48.as required~iy LTI~C 195'7 CIiapte(15 and shall Have a
5) All roof designs, coverings, or equivalent assemblies shallbe specifically approved
by the Fire Marshal`pr%or to submittal ofa°buildiig penitif application.
B. Vents shall be screened with corrosive resistant wire mesh with mesh '/< inch maximum.
C. Roofs and gutters shall be kept clear of debris. '
D. Yards shall be kept clear of all litter, sl'a'sh, and 'flammable t~eliiis: J
E. .All flammable materials and frewood/wood piles shall be stored on a parallel contour a
minimum of ] 5 feet away from any structure.
F. Weeds azid grasses within a ] 0 foot perimeter of alt structures shat] be maintained to a
height of not more thaz~ 6 inches.
H. Fe Ices shallbelkeptc learsof brush and debris to Fire Department`vehicles.
I. Wood fences shalt not connect~to the structure.
J. Fuel tanks shall be installed lmderground with an approved container.
K. Propane tanks shall be installed according to NFP A 48 standards and on a contour away
from the structure with standard defensible space vegetation mitigation around azry
above-ground tank. Any wood enclosure around the tank shall be constructed with
materials approved for 2 hour fire resistive construction oti the exterior side of the walls.
L. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.m
M. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be
visible and installed on anon-combustible post.
N. New utility lines shall be buried within'or along the driveway."
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Hearing Officer Deternsination No. Z~ 2003
Page 3
6. Th'e Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside of the bnildiug envelope. Any arcas
outside of the building envelope that are disturbed must be revegetated with native plants
pursuant to a revegetation plan submitted by the Applicant and approved by the County,
prior to issuance of a Certificate of Occupancy.
B. Provide waste storage that complies with BOCC Ordinance No. 010-2001. Verificatio~i
of compliance shall be provided prior to issuance of a certificate of occupancy.
C. Landscaping. shall avoid nut, berry or fruit producing trees'or shrubs.
All areas disturbed by constniction shall be revegetated to limit water consumption and
additional runoff within one growing season after completion of construction.
8. The Applicanrshall adhere to all material representations made in the current or prior applications
or in public meetings or hearings and shall consider those representations to be conditions of
approval, unless amended by other conditions.
9. Statutory vested rights for the approval contained herein are granted pursuam to the Pitkin County
Land Use Code and Colorado Stahites, subject to the exceptions sef forth in Pitkin County Land
Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire
on Ju]y I5. 2006.
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Hearing Officer Determilaatiora No. Z.~-2003
Page 4
NOTICE OF PUBLIC BEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
15`i' day of June, 2003..
APPROVED AND ADOPTED this 15"'day of July, 2003.
Apen Times Week1E on~eO~~aNnFOR VESTEDOOREAL PROPERTY RIGI3'TS in the
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
ATTEST:
-~
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Janis ylor, Administrative Ass stmt
APPROVED AS TO FORM:
John Ely, ., .
County Attorne
P04G-03
PIDH246533101006
By ~`-~---- ~_"""`~-_
James R. True, Hearing Officer
Date 7 fs o ~
APPROVED AS TO CONTENT:
Cindy HoubeJ~~~~~~~
Community Development Director
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II~IIIII~IIII~IIIIIIIIIIII~I~I~~I~iL~~IIIII~I~I~iIIIIII 48590504•iza
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A parcel of I~Pd being part of TrPct 87 and Lots 2 ~ nd 3, Section 33, Town§hip 8 South, Range 87 Wesf of
the 6th Princi al Meridian. Said arcel is more ftdl described as follows:
Beginning at a poinYwhence the Southwest corner of sa'rtl Section 33 bears North 45°03'48" West 3910.48
feet;
thence North 25°04 West 560.10 feet;
thence North 58°42' fast 1037.15 feet;
thence North 43°06' East 590.00 feet;
88 52' 104.72 feet) along a curve to the left having a radius of 75:06' feet (the chord of which bears' North"
thence 110.9 feet along a curve to the right having a radius of 173.62 feet;
thence 268.15 feet along a curve to the left having a radius of 382.82 feet;
thence North ~di°OT East J4.47 feef~"
thence 246.51 feet along a curve to the right having a radius of 299.98 feet;
thence North X88°12' fast 70:OD feet;
thence Soutft'1°30' East 865.00"feet:
thence South 62°29' West 2092.00 feet to the point of beginning
MEMORANDUM'
TO: Jim True, Pitkin County Hearing Officer
FROM: Ezra Louthis, Planner ~st%'
RE: Cheff Special Review & GMQS Exemption
DATE: July 10, 2003
i~
Q T: The A licant is re uestt s bCial review a ro ' '
~ ~' S AP 9 ng',h pp dal to utilize gone TDR fpr additional floor
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area to al ow for a resd'ence~np [0 8 256 sq. ft ~ "
APPLICANT: Stanley W: Cheff
REPRESENTATIVE: Michael Feigenbaum
LOCATION: Lot 29, Sopris Mountain Ranch
ZONING/LOT SIZE: The parcel is zoned RS-30 PUD and contains 35.72`acres.
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BConce~ tuRaS ubrm~ssion aarYO~al on Jurie 2$r19~ ~u utisu at to"BC)l;'C~e ol~utiori l~oa9"~r"7'~~'"`" iew and
REFERRAL AGENCIES: This applicatioii was referred to the Sopris Mountain Ranch Homeowners'
Associatitin and the CDO'W, buf no comments were received.
STAFF COMMENTS
GMOS: Additional floor area maybe obtained through growth manageinenY competition or utilization of
TDRs, sribaect to special review. The Applicant is requesting to iitilize one TDR to obtain 2;Sb'6 square feet
of additional floor area.
Special Review: Special review approval is required to establish the parcel as a TDR receiver site, suhject to
the standards in Section 3-210 (as amended by Ordinance No. 021-2001). The Applicant proposes to
utilize one TDR in order to obtain, an additional 2,500 squaze feet of floor area.
A. The special review use shall consider the applicable County Master Ptah.
+~ ~ ~. ~
Response:. Sopris Mountain Ra"`rich rs par'[ o
thelr~ eatese xtenRte oss ble b~ enhancinn visu the Down galley Comprehensrve~lan T~ie~anch lies4 {
gn oh was cleated Yo "preserve the rural character of the fhstr~ct to
~' P ~ Y g al uali ' a ,.. , ~. ~ , .~„ ,._
q ty gncultural operatiops and wrld1i~ 1"naliitat vvhr'je~~ ~ ~
permitting Ssolated, carefully sited, low density residenfial development consistent with exrsting zone
districts." Tle original lOh"1~HazardRev~ewcons~dereif`the above stated goals when estabL~hing~the
M- ,,.. a
building eNdelope, andflie request to utilize a T">~f~~"or a~~itional square foo{age rs consistent, with said
goals.
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B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use
Code, including the County Land Use Policies in Article 2.
Response: The proposed use does not conflict with any applicable Code sections:
C. The special review use shall be consistent with the intent of the 7_one District in which it is proposed
to be located
Response:. The proposed single family residence is consistent with the intent of the RS-30 PUD zone
district to ~Zreserve rural character, wildlife habitat and scenic quglity while permitting low density, single
family dwelling units.
D. Thespecial review use shall be compatible with the character of the immediate vicinity of the parcel
proposed for development and szrrounding land uses, or shall enhance the mixture of complimentary zses
nmediate vicinity of the parcel proposed for development.
azzd activities zn the iz,
Response: The proposed residence is compatible with the existing residential character of the surrounding
area. Within Sopris~~M~o~un~tain Ranch, 33 o tcluding the lot to the west,zso these t,tand north of ft
^e°°' "` lot 29.
Additionally, a number of residences ha e been built that exceed the requested 8 250 sq. fr.
E. The location, size, design and operating characteristics of the proposed special review use must be in
harmony with the surrounding area and zninimizer adverse effects, including visual impacts, impacts on
pedestrian and vehiczzZar circulation, trdffic generation, parking, trash, sen>zce delivery, air/waterpollution
or other impacts on natural resources, noise, vibrations and odor on surrounding properties.
Response: The proposed residence will have minimal impacts on the environment and surrounding
properties. The location of the building will be in a previously approved building envelope. The proposed
residence will be similar, if not smaller than existing and potential residences in Sopris Mountain Ranch.
F. There must he adequate public facilities and services to serve the special review use includizg but not
limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical'
services, hospital and medical services, drainage systems, and schools.
Response: The property has an existing access to the building envelope. Anew septic system will be
installed; the system will comply with Environmental Health stantlatds, and will lie located within the
building envelope. The property is served by YheBasalt FireProtection District. The residence will babe a
minimal impact on public roads, facilities and services;
G. An application for a special review use must demonstrate to the Board of County Commissioners that
the proposed development will not:
1. Materially endanger the public healtTg safety or welfare, and,
2. Substantially injure the value of adjotnitzg or abutting property.
Response: Staff has no information that would indicate that the development will endanger the public
health, safety or welfare, or injure the value of adjacent properties,
RECO1VIlVIENDAT701Q: ~taffrecommen
for use of a TDR for additional squaze foota
Exhibits
A, Determination
B. Original 1041 Hazard Review
ds approval of the Cheff Special Review
ge, subject°to the attacfied Deteniiination.
Application and Site Plan provided separately
and GMQS Exemption
3
'wR ' e'?S' B-788 P-491 0 , , i /9:, 1 @ e 40R PG I OF 7 ', f~C DOC N
S7LVI~a DRVIS" FBI TK IIV COUNTY CLERY, &~ RECORDER '"~ ,-(~f"OQ~
RES/OLVTIODT OF THE BOARD OE` COIINTY COMMI'SSIGNERS OF'PST&'iN'
COIINTY~ COLORADO, GRANTSN6 1041 ENVSRONMENTAL $AZARDREVSEW' ~'
.AND GENERAL SII8M288ION APPROVAL FOR THE WACBT~EL FROPERT~C ~ ~~~ '
XNOPN AS LOT 29 OF THE SOPRIS NOIINTASN`RANCH,°SII8b2VSSICIN ~"
Resolution No., 95-,~
~EC.ITALS
i. Ann Wachtel (hereafter "Applicant^) has requested that the Board
of County Coxmttissioners of Pitkin County (hereafter "Commission")
grant 1041 Environmental Hazard Review and Geh2.ra1 Submission
approval to allow the construction of a single-family residence on
the Wachtel property known as Lot 29 of the Sopris Mountain Ranch
Subdivision.
2. The subject property is approximately 35 acres in size and is
accessed off of West Sopris Creek Road via the existing private
subdivision road.
3. The Planaiing and Zoning Commission reviewed the applicant's
request at a regularly scheduled public meeting on January 3, 1995
and found the proposal to comply with the applicable sections of
the Pitkin County LandUSe Code. The Planningand Zoning Commission
recommends approval of the requested 1041 Ynvironmental Hazard
Review and General Submission with conditions.
4. The Board of County Commissioners considered the Applicant's
request ,for 1041 Environmental Hazard Review and General Submission
at public hearings on May 10, and June 28~, 1995, at~ which time
evidence and testimony was heard Prom the Applicant and the public.
The Board found the Applicant's request to be consistent with the
applicable sections of the Pit]cin County Land Use Code.
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Resolution No. 9g-~
Page 2
NO'W, THEREFORE, HE YT It~'HOLVED by the Board that it does
hereby approve the requested 1041 Environmental Hazard Review and
General Submission subject to the following conditions:
1• The Applicant shall adhere to all material representations
m$de in the application said in the public meetings.
2• Prior to building permit application, the Applicant shall
record a 24 x 36 inch mylar 1041 Hazard Review Site Plan which
meets the approval of the planning office and County Attorney.
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 orimply that areaso'YYtsicte o£ designated
hazardareas will lie""flee from hazards, or that
approved mitigation measures will guarantee the
safetyof any property."
b- The building envelope shall be relocated 100 feet
to the east as recommended by theColorado Division
of Wildlife.
c• The Site Plan shall identify all areas of slopes
greater than 30 percent withn'the building
envelope, and shall include a note stating that
areas of slopes greater than 3o percent shall not
be disturbed.
s• The Applicant shall obtain an access permit from the County
Engineer,prior to issuance of a building permit.
4• Outside illumination shall comply with County lighting
standards in effect at the time of building permit issuance.
S- The Applicant shall comply with the recommendations o£ the DOW
as followsc
a. The building envelope shall be relocated 200 feet to the
east of the west end -point ,oP the existing driveway in
order to preserve the riparian corridor.
b• All garbage be kept in bear proof containers.
c• Maintain native vegetation' outside of the building
envelope.
d• Any fencing around building envelope be 42", 4 strand or
less.,'wth a kic]cspace between the top two strands. Rail
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Resolution No. 95-,[fie
Page '3
fencing be the round rail type, 48" 3 rail or less with
at leastl8" between two ofthe rails.
e. A11 horse`s be conf"fined ~o Sower commd'n pastures of the
Ranch.
£. Dogs shall be prohiYaited on this site due to the
proximity of e1R production areas on the'Rancfi'and
critical winter range on the Crown.
6. Wildfire mitigation shall be as follows:
'Location'
a_ The building envelope shall 'not be located in draws, '
canyons or on slopes greater than 3o"s,
Defensible space:
b. The area around the structure shall incorporate
landscaping with wildfire defensible space considerations
as followse
NOTE: Actual vegetation manipulation to meet these '
conditions 'may not be necessary where the natural
vegetation patterns Piave ~a lready fulfilled these '
conditions.
1) Brush, debris, and non-ornamental vegetation shall
be removed wiY.hina minimum 10 foot perimeter around
the structure.
2) Vegetation shall be reduced to break up the vertical
and horizontal continuity `of the"fuels a minimum of
a 30 foot perimeter around a structure built on flat
ground. (gFor greater slopes ref'. C5F55afety"Zone
chart. Pa a 13, Wildf ire Guidelines For Rural
Homeowners).
3) Spacing between alvmps of brush and vegetation
within the 3o foot"perimeters shall be a minimum of
two times the height ofthe fuel: Maximumdameter
of the clumps shall be two times the height of the
fuel. All measureuents shall befrom the edges of
the crowns of the fuel.
4) Allbranches £rom trees and brush within the 30 foot
perimeter shzpll be pruned to a~height of 10 feet
above the ground and reriioval o£ ladder Fuels from
around-trees ''and brush.
5) Tree crown separation within the 30 foot perimeters
shall have a minimum ofl0 feet, bativc-!en the edges
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Resolution No. 95-~~
Page 4
of the crowns. This does not apply to mature stands
of Aspen treds where the above recommendation for
removal of ladder fuels 'kiave been"complied with.
Sh areas oP aspen regeneration, the spacing
guidelines shall be followed.
6) All branches which extend over the roof eaves shall
be trimmedand allbrancies within 15feet oP the
chimneysshall be removed.
7) The density of fuels within a 100'footperimeter of
the structures sTiall be reduced where natural
reduction has not already occurred.
8) A71 deadfall within the 100 Poot perimeter shall be
removed.
9) The applicaht'eha11 be responsible for the continued
maintenance oP the defensible space vegetation
requirements.
Structural Des' and cnstr t'on R au" men
c. Roofing:
1) Roof construction shall be Class A, non=combustible
(no wood shake/shingles) material with no flat
roofs.
d. Vents:
1) Vents shall be screened with corrosive resistant
wire mash with mesh 1/4 inch maximum.
Maintenance
e. Roofs and gutters Shall be kept clear oP debris.
f. Yards shall be kept clear of all litter, slash, and
flammable debris.
antour sable materials shall be stored on a parallel
g. X11 Flamm minimum bP 15 `Peet away from ally` structure.
h. weeds and grasses within the 10 foot perimeter shall be
maintained to a height not more than 5 inches.
M~sce~~~r=ous.'.
i. Firewood/wood piles shall be stacked on a parallel
contour a minimumoP 15 `Peet away from the structure.
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Resolution No. 95-1~Q
Page'5
7• Swimming pools shall be accessible to Fire Department
vehicles.
k• Fences shall be kept clear-o£ brush and debris,
?- Wood fences shallnot connect to the structure_
m• Any outbuildings or additional structures shall adhere
to the same standards as structures.
n• Fuel tanks shall. be installed underground with an
approved container.
o• Propane tanks shall be installed according to NFPA 48
.standards and on a contour away from the structure with
standard defensible space vegetation mitigation around
an above- round tank. An wood enclosure around th
the walls. g y pp d for e
hour fire?resistiver onstructi n one the exterior side o2
f
~P• At least one ten pound approved ABC class fire
extinguisher shall be placed in a visible andaccessible
location for each structure.
g• Addresses shall be clearly marked with 2 inch non-
combustible letters and shall-be visible and installed
on a »on-combustible post.
Access,
r• Cul-de-Sac turn around pads shall have a minimum Hof a 30
foot driveable surface inside turning radius.
5- The driveways and access "roadwayshall enter the roadway
driveway ety degree., angle Por the first 25 feet of the
't• Access drives shall be built at a minimum to County
driveway standards,
water s__iib~niL '
u- When access to a public or private pressurized water
system is not available or if it is necessa'r'y toaugment
iP~eapprovedlo}> Water systems, private ponds may be used
proteetiondistrictitkin County and the local fire
v- Any fire department recommendation for ind i.ridual
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Resolution No. 95 ~Iy
Page 6
structure water supply and storage shall be accessible
to Pire departmexit vehicle from the exterior of the
structure through a Fire Department 'approved mechanism
(suchas a fire hydrant). The amount of storage capacity
shall be a minimum of Sop o gallon storage capacity per
structure.
w. Residential structures aocated within areas identified
as containing °C"- Severe Hazer `TY'e"e`s"~"or ~' ' =" Severe"
Hazard: Srush" wildfire hazard shall be required to~
install 'in-house spri=il~ler` system's'"or "foam retardant
ps stems which meet the standards o£ the to ,.
rotection district and the [7niform ~l#iiilding code fire
Utili.ties•
x. Utility lines shall be buried within the driveway
alignment. ~ `~
7. Prior to issuance o£ a building permit, the Applicant shall
provide documentationof an~adegua"te domestic water supply.
quantity and quality of said supply shall' meet the approval
of the Environmental Health 'Department. '
p y g for the sit
8. The se tic s stem desi ned
approval of theEnvironmental Health Department. The Applicant
shall obtain such approval prior ~to the iss a shall meet. the
uance of a building
permit.
9. The Applicant shall obtain a fireplace/woodstove permit from
Environmental' Health Department, prior to the issuance of a
building permit.
10. No development, including disturbance of vegetation and
grading, shall occur outside of the building envelope, other
than that required for wildfire mitigation;' construction of
the access drive and necessary utility extensions. '
11. The building site shallbe revegetated with native grasses to
limit water ccnsumption and additional runoff, immediately
following project completion. '~
12. Landscaping and revegetat ion on the property shall uti_l ire low
water (xeriscap ing) native plant materialsand concepts. Trie
timistg o£ any sprinkler systems shall be decreased for low
water plants. A landscape plan depicting propoeedlandscaping
and revegetation shall be submitted at building permit
application. Said plan 'shall identify the proposed irrigation
systemand shall require approval by theCommunity Development
Department prior toissuance o£ a building permit.
38.^•.824 B-788 P-49 X07/31795 10:40iR F'6~ 7 QF ~. ,, _. ~...
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Resolution No. 95-[LQ
Page 7
13. Building foundations shall be reviewed and certified, by a
Colorado registered proYessional engineer."Foundation--plans
g pp ication..
shallbe submitted at. buildin permit a 1
14. The applicant shall adhere _to the criteria stipulated in
Section 5-401.2 (h) as followsc '~
a_ Cuts shal slopes steeper than thirty
1 not be made a.nto
_. percent ( 30$ )' _ „: . _,_. ,: ,.. _ ;.
b_ Cuts and fills, and grading and scraping shall be
confined to~the minimum;area needed for construction.
c. Steepness o£ cut and _£ill slopes shall be the maximum
. __ y llow revegetation.
which will insure. stabiht and still a,.
d. 4lse mulches or temporary cover on exposed soil areas and
re-establish perinenentvegetation and ,install erosion
control measures as soon as possible.
e. Incorporate natural drainage patterns into the
development plan.
APPROVED AND ADOPTED ON THE 28th ;DAY OF TUNE, 1995. '
BOARD OF COUNTY COMMI8820MERS,
PTTRSN COUNTYi COACRADO
BY--~~G~~~
Michael iC'.~el d. ChaiTrm n
Date ~I'~~J "X/
ATTEST}: ~'1
'...___t~ Lv
~_
learyryee a Joae ,
DapiftCy C1e~X Ad Recorder
APPROVED AS TO CONTENT: APPROVED A6 TO FORM:
SuZaYI a Roaches JOhnJE1y,^
comma i y Devel ment Director Conn Dressy
.moo w,.onxixs_~w~s.
BRANDY • FEIGENBAUM, P.C, WlrH OFFICESINASPENAND BASALT, COLORADO
ATTORNEYS AT LAW www:brandt-law.com
MEMORANDUM,.
To: Ezra Louthis,
PITKIN COUNTY COMMUNITY ®EVELOPMENT
Cc:
From: Michael Feigenbaum
mfeiaen ba u m Cobra ndt-law.com
Date: 4/25/2003 '_ ,. ,. ,,
Subject: Supplement for Application, Lot 29, Sopris Mountain Ranch
HAND DELNERY
I've enclosed the following supplemental materials in connection with the above,Application:
I. Cover letter (4 copies)
2. Memorandmn in support of Application (4 copies)
3. Previous Land Use Approvals (3 copies)
4. One floppy disk containing the Application and exhibits, in digital
format (Word and pdf)
Please let me know if there are any additional items that you need in order to complete the
Application.
Thank you.
3~ `,-~
c^s
CHARLES T. BRANDY (1939-2001)
GARRETS. BRANDY
MICHAEL FEIGENBAUM
PETER P. DELANY, PARALEGAL
~;
BRANDY • FE,IGENBAU,M, P.C.
ATTORN~1'S AT L`AW ` ` `
U$ BANK BUILDING
420 EAST MAIN STREET, SUITE 204
ASPEN, COLORADO 81611
TELEPHONE: 970.925.5196
FAX: 970.925.4559
www Brandt-law.com
BASALT OFFICE:
132 MIDLAND AVENUE, SUITE 4
BASALT, COLORADO 81621
TELEPHONE: 970.925.5196
FAX: 970.925.4559
April 25, 2003
MICHAEL FEIGENBAUM
mfeioen bau mC~brandt-law.com
By Hand Delivery
Mr. Ezra Louthis
Pitkin County Community
Development Department
130 South Galena St.
Aspen, CO 81611-1975
'%~ t-Reference: Application, Lot 29, Sopris Mountain Ranch:
Cheff Special Review, GMQS Exemption for a TDR Receiver Site,
and Administrative 1041, Hazard Review
Dear Ezra:
Enclosed please find five copies (except as otherwise noted below) of the application
package for the above referenced Application, in accordance with Pitkin County Land Use Code
Sections 3-210-010(b), 3-310, and 9-110-042(c) and the `submittal requitemepts thereunder.
A "Pre-Application Conference" was.. held on February 26, 2003. with respect to this
submittal. In accordance with the summary generated from this pre-application conference, this
package consists of the following materials, identified as Nos. 1-9 on the summary:
1. This cover letter, together with Memorandum summarizing applicable code
2. Proof of ownership and legal description -Title Policy issued by Pitkin County
Title (1 copy)
3. Agreement to pay (2 copies)
4. Total fee in the amount of $1,445.00, by personal check of Applicant
5. Pre-Application conference summary (1 copy)
6. Names and addresses of all adjacent property and mineral estate owners (1 copy)
7. Proof of Access -Title Policy referenced above
8. Consent letter from owner authorizing representative (1 copy)
9. Copies of previous land use approvals and recorded site plans
If there is anything further that you require to complete this Application, please let me
know as soon as possible.
r
On behalf of my client, I want to thank you for your prompt review of this Application. If
you have any questions, please call me.
Sincerely,,~~q~~ ~ Q/nqn,~/~
., ~" ""` .~ " "" "" 1
Michael Feigenbaum or
BRANDY + FEIGENBAUM, P.C.
Enc.
cc: Stanley W. Cheff
..
> ~ .. y
_; _ . I
2
`.
ITEM #i
TO
APPLICATION FOIL STANLEY W. CHEFF
LOT 29, SOPRIS MOUNTAIN RANCH
APRIL 25, 2003
(Attached Hereto)
n---- ,
.- ~~ .. x, .,~.. ,, ,_s~,~
BRANDY • FEIGENBAUM, P.C.
ATTORNEYS AT LAW
MENI®RANDUM
' 'V i...
WITH OFFICES INASPENAND 6ASALT~ COLORADO
www.brandt-law.com
To: Ezra Louthis,
PITKIN COUNTY COMMUNITY DEVELOPMENT
Cc: Stanley W. Cheff
From: Michael Feigenbaum
mfeigenbaum(iilbrandt-law com
..,. ; ,
Date: 4/5/2003
Subject: Application, Lot 29, Sopris Mountain Ranch:
Cheff Special Review, GMQS Exemption for a TDR )2eceiverSite
~ ~ ~ ., i~ >~, .~ ~,., „~ ~, i~.
This application is being submitted pursuant to Sections 3-210, 3-310, 9-110-042(C), and Article
2 of the Pitkin County Land Use Code, by Stanley W. Cheff ("the applicant"), owner of the subject
property.
This application seeks approval to allow an addition of up to 2,500 square feet of floor area on an
approximately 35.72 acre site that already allows construction of up to 5,750 squaze feet of floor area (for
a total potential floor area of 8;250 square feet). This application requests approval of: (i) special review
to establish a TDR receiver site; and (ii) an associated growth management incentive for development
~_
utilizing a TDR to allow additional floor area on a pre-1978 parcel.
The applicant proposes to use the growth management incentive for ,development that utilizes
transferable development rights (TDRs) pursuant to Section 9-110-042(C). Doing so requires special
review approval and a finding of consistency with the provisions of Section 3-310. The growth
management incentive allows the use,of TDRs for additional floor area up to 15,000 square feet; however,
pp approval to nse only one (1) TDR to allow c~eve~lopment of up to 8,250 square feet of
the a licant seeks
residential floor area.
SITE CHARACTERISTICS
..._
The subject property is located in the County's "Rural Area" and within the RS-30/PUD,zone
district. In particular, the property is located in the approximate center of the "Sopris Mountain Ranch"
subdivision, near the crest of West Sopris Creek Road, which bounds the subdivision to the West, as it
runs up toward Prince Creek Road. ,The subjecf property contains approximately 35.72 acres of
undeveloped land. There are no man-made structures found on the property. Access to the subject
property is located near the northeast cornier, ~f the site.
Generally, federally-owned lands surround the Sopris Mountain Ranch subdivision. Several other
large tracts of land are also contiguous to Sopris Mountain Ranch. For example, the West Sopris Ranch
subdivision (which consists of 35+ acre pazcels) is located across West Sopris Creek Road, to the north of
Sopris Mountain Ranch. Immediately south of Sopris Mountain Ranch'is Dnkle Lake and public access
to the Mount Sopris area.
The azeasurrounding the subject property is entirely rural in character. The subject property,
.. ~.. , ,~...~, ~ r-.N .. ~ ~ a. n +. ~ w a ,..~~~
together with the entire So ris Mountain Ranch subdivision, West So ns
sunoundin federall -ownedl ands, eatl contribute to the rural atmosphereRanch subdivision and
g y gr y with its lazge areas of
visible open space. The chazacter of the surrounding area is largely defined by open meadows containing
spread out single-family homes, many of whic~i maintain corrals and related facilities.
REVIEW REQUIREMENTS
3pecifica ly, Se t on 9 1 Oe042(C)e AddgCona lo~ Area for Preb1978 Par e slistates hatl~ction 3-310.
Additional floor area up to I5, 000 square feet for existing stnactures on pre-1978 parcels
may be exempted from Growth Management through the utilizatiota of TDRs as provided
in section 3-310, subject to a one-step special review process. The one step special review
shall be conducted,by the Hearing Officer, or, if additional land use reviews., are required,
the lowest reviewing body conducting the other review.
Accordingly, this application requests approval from the Hearing Officer to use the growth
management incentive for development utilizing transferable development rights (TDRs) for 2,500 square
feet of additional floor area on a pre-1978 parcel. Such an_approval, in fain,. requires a finding of
consistency with both the criteria for the. use of TDRs (section 3-310) and the criteria for special review
(section 3,-210).
A. Section 3-310, Transfer of Development Rights (TDRs)
The provisions of the Code address, the use of T]
~,.. ,
Rural/Remote Zone Distract With re azd t
specal review approval and a finding of c o the establishi
onsistencywith
following sections: Section 3-310-020, General Standard;
030, Standards and Criteria for the Transfer of Devel,opr
Site to a Receiver Site Located Outside of the Rural/R
Standards and Criteria for the Transfer of Development lei
.... ~ ~.
Located Within the RurallRemote Zone District.,
ERs from preservation sites located within the
~„~ „~
lent o~' a 'T'Dit receiver site, the Code requires
tandsCritena foand criteria of at least one of the
ReceiverSites; Section 3 310-
ent Rights from aRural/Remote Preservation
:mote Zone D$tricf and Section 3-310-040,
.~ -.,s-.
;tits a'rom'a Preservation Site to a Receiver Site
T$e TDR request of this application requires approval pursuant to Special Review (Section 3-
210), Section 3-310-020, and Section 3-310-030 only.. Section 3-310-040 is'nof applicable since the
subject receiver site is not located within the Rural/Remote ZoneDistnct.
i. Suction 3-310-020(B), General Standards and.Criteria for Receiver Sites.
The applicant proposes to use a TDR from a preservation site located in the Rural/Remote,Zone
District. The TDR, will be used to allow development of up to 2,500 square feet of additional residential
~'~~ "' ~' ~ urrentl~ allowed up to
floor area on the subject site after its designation as a receiver site. The, site is c,
5,750 square feet of residential floor azea
Section 3-310-020(B) provides the following general standards and criteria for reviewing
potential'receiver sites.
1. Receiver Site Must Obtain ,;Special Review Approval: No development of a
receiver sate with TDRs shall be carraed out unless such development complies
2
ASPEN OFFICE: TELEPHONE:
US BPNK BUICDSNG, 420 Ensr Mn~rv 5'rrt~r, SUaie 204, Asvev, COLORADO 61611 970.9255196
BASAL70FFICE: ~ FACSIMILE:
M~oiarvo Mau, 132 Mao~ANO AvENUe, SUITE 4, BaSn~T, COLORADO 81621 970.925:4559
~- ,-'-. - ..: .s.,. . ,..,u ..... .k.
with the standards and criteria of this section and has been approved pursuant to
Subsection 3-210-010.
pp p standards of this section is
demonstrated here n and responses to the standads f Special1Review are provided below.
ye TDRs: b~ addrtaon to any other use
.,.
2 perm'tted by thesapplicablel zoneedtstrict, a receiver site shall be eligible for
development wit12 TDRs. The transfer of a TDR to a specific receiver site shall be
accomplished through the procedure outlined in Subsection,4-6Q-095.
The proposed receiver site is zoned RS-30~PUD which allows the use of TDRs.
3. Receiver Site Located Anywhere in Pitkin. County.• A receiver site may be located
anywhere in Pitkin County, subject to the standards and criteria of this section
and the special review criteria of Subsection 3-210-010.
Theproposed receiver site is located within Pitkin County.
4. Uses Proposed on Receiver Site tNaest Be Consistent With Underlying Zone
District: Except as expressly authorized in this section, all development of the
receiver site shall comply with each and every requirement of the applicable
zoning district regulations.
The proposed development of asngle-family home on 35.72 acres is consistent with the
underlying RS-30/I'UD zoning. The zone district permits single-family residences, accessory uses, and
the receiving of TDRs.
5. Aggregation of TDRs Permitted on Single Receiver Site: Multiple TDRs may fie
allowed through'special revtew'to be aggregated from differentpreservation sites
for development on a single receiver site, provided that the bulk area restrictions
of the underlying zone district of the receiver site may be exceeded only as
authorized by this provision.
This application is not requesting the aggregation of the TDRs on a single receiver site. Approval
of this request will result in a maximum. residential floor area hmlt of 8,250 square feet. The RS-30
zoning permits up to 15,000 square feet of floor azea on the subject parcel and the request is, therefore,
consistent with the, bulk area restrictions of the underlying zone district.
In summary, the applicant is requesting a special review approval for a TDR receiver site pursuant
to Subsection 3-210-010. The subject :property is eligible for development with TDRs, as it is located
within Pitkin County and its zoning is RS-30/PUD which allows the use of TDRs by right. The special
review criteria contained in Subsection 3-210-010 are specifically addressed below.
2. Section 3-310-030, Standards and Criteria for the Transfer of Development
Rights from 'a RuraURemote Preservation Site to a tReceiver Site Located
-,_ ,
Outside of the Rural/Remote Zone District.
This section establishes review standards and cntena for the transfer of development rights from
iv r site located outside the Rural/Remote Zone District.
e ». N.. -_
a Rural/Remote Preservation Site to a rece, g w.
ASPEN OFFICE:
U$ BANK BUILDING, 420 CAST MuN GrxeEr, Sulre 204, ASFEN, COLORAD081611
BASALT OFFICE:
MIDLAND Mau, i32 MIDLAND AVENUE, Surte 4, BASU.r, COLORADO 81621
TELEPHONE:
970.925;5196
FACSIMILE:
970.925.4559
axf w m„ N~c..„i '-ne1~~ ..o:+i y,_. us..ax ..~~'F~
A. Transfer of Development Rights Requires Approval by Special Review: The
transfer of development rights from a preservation site to a receiver site which is
not located in the Rural Remote Zone Dastract shall be approved by special review
pursuant to Subsection 3-210-010 and shall ~ie subject to each and every
requirement in the Code, except as expressly pravir~ed in this section:
A response to this requirement is included below
B. TDRs May Be Severed frone Preservation Sites for Use Outside the Rural/Remote
Zone District for Pntensity Bonuses and GMQS Exemptions: In addition to any
other use permitted by the applicable zone district, a receiver site shall be eligible
for development with TDRs. TJie transfer of a TDR to a specific receiver site shall
be accomplished through the procedure outlined in Subsection 4-60-095. Upon
compliance with all of the provisions of this section, TDRs may be used on
receiver sites for;
Floor Area Intensity Bonus: Based on the standards and criteria of this
section, TDRS may be severed from preservation sites and transferred to
preservation sites located outside of the Rural/Remote Zone District to
obtain a floor area intensity bonus for permitting a higher allowed square
footage, except where there is an underlying floor area ratio which limits
the allowed square footage to less than fifteen thousand (15,000) square
feet and/or a development approval limited the square footage allowed and
does not provide for the use of TDRs;
2. GMQS Exemption: Based on standards and criteria. of this section, TDRs
may be severed from preservation sites gnd transferred to receiver sites
located outside of the Rural/Remote Zone District fo obtain ,growth
.,
management quota system exemptions.
This application requests the use of one (1) TDR for a floor area intensity bonus, but does not
involve a request to use TDRs for growth management exemptions. The proposed receiver site is located
outside of the Urban. Crrowth Boundary (UGB) and the Rural/Remote zone district, but within the RS-
30/PUD zone district. The RS-30/PUD zoning permits up to 15,000 sgiiare feet of floor area without
special review. No prior development approvals applicable to the subject receiver site limit its ability to
use TDRs. Thus, there are no limitations applicable to the subject property that would run counter to the
request made herein...
It is understood, pursuant to this and the following standards, that TDRs used for floor area
intensity bonuses may come from Rural/Remote preservation sites located anywhere in Pitkin County. It
od that each T_ DR used,fol, ,a floor,area intensity bonus xwill be worth 2,500 square feet
is further understq
of floor area.
C. Transferable development rights used as a GMQS exemption for the creation of
" netiv dwelling units on newly created lots subject to Code Subsection 9-Il'0-
042(A) or to exceed fifteen thousand (15,000) square feet subject to Code
Subsection 9-110-041 (D) may only be transferred as follows.• Development rights
from a preservati0on site located within the Rural Area (excluding the Crystal
and Frying Pan Areas) may only be transferred to a receiver site located wtthilt
4
ASPEN OFFICE TELEPHONE:
US BANK But[o1NG, 420 EAST MAIN smEer, 5uirE 204, ASGEN, COLORADO 81611 970.925.5196
BASALT OFFICE: ""FACSIMILE:
MIDLAND MAta., 132 MIDLAND AVENUE, Suite 4, Basa.T, COLORADO 81621 970.925.4559
- .. .._.~ .,. ,.. rat .,. , . ,.::. .::...- _ ;; .,-..~.a aek r. x, .;3r„x, .,z„#~ a..a,rr.M w. r.,.,,;~at:53~i
the Urban Growth Boundary. Development rights from a preservation site located
within the Frying Pan River Area or Crystal River Area may only be transferred
to a receiver site located within the Rural Area.
Please refer to the response provided for the previous standard, above. This standard is not
applicable since the requests made herein do not involve a GMQS exemption for the creation of new
dwelling units on newly created lots as the subject groperty~already maintains a development right.
Further, it is not requested that the subject paroel be permitted to exceed 15,000 square feet of floor area.
D. Standards and Criteria for the Use of TDRs for Intensity Bonuses to Exceed Bulk
Area Restrictions on.Receiver Sites: The transfer of a development right from a
preservation site to a qualifying receiver site approved t7irough special review
Rural/Remote Zone * ~a q x ~.
which is not located in tlz? f fve thousand ($,OO~tstrzct shall entztle the receiver
0) square~eet of resi~ntiaZ}loor
sate to an mteristty bonus o ~~ .....
area per TDR beyond the allowed square footage of the underlying zone district.
The intensity bonus shall not Le available to any receiver site where:
1. The underlying zone district contains a floor area ratio restriction that
would not permit the square footage offloor area sought; and/or
2. A prior development approval limited the square footage allowed, and
there was no provision for the use of 7DRs to exceed the allowed square
footage.
This criterion is not applicable, as tha; applicant does not seek to exceed the bulk area limitations
of the RS-30/PUD zone district.
E. Standards and Criteria for the Use of TDRs for GMQS Exemptions: A receiving
site outside of the Rural/Remote Zone District which is approved by special
review for development with TDRs shall be exempt from the growth management
quota system only where the square footage transferred equals or exceeds a
certain percentage of the total square footage of the entire'unit.
The use of one TDR results in one GMQS exempt unit of up to five thousand
(S, 000) square feet in size. Additional square footage may be possible where rnore
than one TDR is used based en the sliding scale below:
Where the total gross floor area of a residential dwelling unit seeking a
GMQS exemption is less than or equal to five thousand (5, 000) square feet,
a GMQS exemption shall be granted if llie square footage transferred to the
unit equals or exceeds'tfiirty percent (30%) of the total square footage of
the unit.
2. Where the total gross. floor area of a residential dwelling unit seeking a
GMQS exemption is greater than five thousand (5,000) square feet but less
than or equal to seven thousand five hundred (7,500) square feet, a GMQS
exemption shall be .granted if the square footage transferred to the unit
equals or exceeds forty percent (40%) of the total square footage of the
unit.
ASPEN OFFICE:
U$ BANK BuICDmG, 420 Ensr MraN STFEEf, SurtE 204, ASVEN, COLORADO 81611
BASALT OFFICE:
MIDLAND MAU, 132 MIDWJD AvENUE, SuI1E 4, BaSN:T, COLORADO 81621
TELEPHONE:
9J0.925.5196
FACSIMILE:
970:9254559
_ ~ a °, .k:a ...~++ a 9 p-. a s,e;5 tom. 14~&.rs, , d ~ r_ ~,~i ,.v*.:...e_d
GMeYS texemttzo~~ssfreateafhan seven zthousand fivtelnhunrdred eking a
Q p ~ g (7,500)
square feet but less than or equal to ten thousand (10,000) square_feet, a
GMQS exemption shall be granted if the square footage transferred to the
unit equals or exceeds forty-five percent (45%) of the total square footage
of the unit:
4. YVhere the total gross Floor area of a residential dwelling unit seelarzg a
GMQS exemption is greater than ten thousand (10,000) square feet but less
than or equal to twelve thozsand five liuhdred (12,500) sgzzare feet, a
GMQS exemption shall be granted if the square footage transferred to the
unit equals or exceeds forty-eight percent (4800/n) of the total square footage
of the unit.
5. YVhere the total gross floor area of a residential dwelling unit seeking a
GMQS exemption is greater than twelve thousand five hundred (12,500)
square feet but less than or equal to fifteen thousand (I S, 000) square feet, u
GMQS exemption shall be granted if the square footage transferred to the
unit equals or exceeds fifty percent (SO%) of the total square footage of the
unit.
This application proposes the use of one TDR for a floor area bonus on a pre-1978 parcel. The
proposed receiver site is located within the rural area of Pltkln County. Although the lot contains more
q ~ g q - ... _ ,~, q ,.. ,. ., ,e. g... y, .~ q such
than 35 acres and the Code would allow addrtlonal s uaze foota e be and $,250 s uare feet, no
additional s uaze foota a is re uesfed.
B. Section 3-210, Special Review for Approval of a TDR Receiver Site
Pursuant to Sections 3-310-030(A) and 3310-010(B)(1), special review is required to establish a
TDR receiver site located outside the RuralrRemote Zone District. The subject property is not located
he rural azea of Pitkiil County and is
within the Rural/Remote Zone Dlstnct; however, rt is ~cated~wltlim t
zoned RS-30/PUD. TDR receiver sites are allowed in the zone district provided special review approval is
obtained. _.
Section 3-210 of the Code establishes review standards for uses designated as Special Review in
Section 3-30 and Figure 1-1 of the Pitkin-County Land Use Code. This application for special review
approval to establish a TDR receiver site ,complies with all of the following standards, as demonstrated
below:
A. The special review useshgll consider.•
1. The applicable County' Master Plan;
2. County Land Use Policies in Article 2;
3. The intent of the Zone District in which it is proposed to be located; and
4. 7Tze character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture of
complimentary uses and activities in the immediate vicinity of the parcel
ASPEN OFFICE:
US BnniK BU~toING,"420 Carr MuN SrttEEr, SurrE 204, ASPEN, COLORADO 81611
BASALT OFFICE:
MIDLAND MALL, 132 Miowao Avervue, SurtE 4, BAw.r, COLORADO 81621
TELEPHONE:
970.925:5196
FACSIMILE:
970.925:4559
«-.-, .. . ,.,.., .,. ~ ..,... .- x-~,w ..,,..~ :.+..:.+ua ~.,, tlx: a )io- .nW~,n aa:u,. s.w>:.a w. s..nf
. , . s, ~., ~.u ._
', '. i
proposed for development:
The following responses are organized according to the numerical (I, 2, 3, and 4) sub-sections of
standard "A," above.
1. The subject property is not within an area covered by a specific master plan. hi terms of general
consistency with County Master Ptans, TDRs-allow the transfer of development rights from areas
the County desires to protect to area's that have been deemed more appropriate for residential
development. In effect, the County allows and encowages development to be transferred to areas
that have, or are planned to have, adequate infrastructure and services fo support said
development. In practice, the County has allowed the transfer of development rights from the
Rural/Remote Zone District. The applicant is proposing to land a single TDR on a property
located within the RS-30/PUD zone district (a residential zone district) and ensure the
preservation of a Rural/Remote site This is fully consistent with stated County goals and
objectives.
2. Overall cansistency with the County Land Use Policies contained in Article 2 of the Code has
been demonstrated above. The County Land Use Policies contained in Article 2 of the Code state
that, "The dominant policy of Pitkin County is to conserve and protect from further degradation
the present natural environment and its resources." ,The conditions of 1041 hazard review
approval will ensure that the single-family development of this site'will' promote this `dominant
policy." The fact that such approvals are already in place demonstrates that the single-family
residential development of the subject parcel is and has been found to be consistent with the
County Land Use Policies of Article 2. For instance, Article 2 identifies the concerns addressed
^ P ,., ,g g PP demonstrate
bha all hazards have been avoided or m acts a be ma 1 at d istin 1041 a royals
This application is in harmony with the County's growth rate and phasing of public services and
facilities related goals as the surrounding area is already largely developed. Roads, electric, gas,
and telephone lines are already in place for the surrounding single-family residences and no
significant enlargement of services and facilities will be required to accommodate the negligible
difference in demand presented by adding 2,500 square feet of floor area.
3. The proposed Special Review Use (a TDR receiver site) will be located in the County's RS-
30/PUD zone district. The proposed development is fully consistent with the intent of the RS-30
zone district, and the transfer of a development right out of the Rural/Remote zone district is
completely consistent with the intent of that zone. Only single-family residential development
and customary accessory uses are proposed at a very low density.
4. The neighborhood in which the subject property is located is rural in character. Grazing and
agricultural production predominate the landscape. Properties 'in the surrounding area have
primary structures and outbuildings. The proposed development follows these patterns wliile
preserving the majority of the property as open space. The proposed development, including the
use of a TDR, will be wholly consistent with this character. '
B. The location, size, design and operating characteristics of the proposed special
review use must be in harmony with the surrounding area and minimize adverse
effects, including visual impacts, impacts on. pedestrian and vehicular
circulation, parking, trash, service delivery, noise, vibrations and odor on
surrounding properties.
ASPEN OFFIOE:
U$ BLANK BUIIDING, 42O EAST MAIN STREET, SUITE 204, AsvEN, COLORADO 61611
BASALT OFFICE:
M[ourvo MALL, i32 MIDCAAO AvENUe, SurtE 4, Baser, COLORADO SiB2i
TELEPHONE:
970.925:5196
FACSIMILE:
970.925,4559
)rnartment. The driveway will comnly with County driveway standards. TDR' use will not ',
,r~. ~.
-!
The proposed special review use 'is not really a "use" in the true sense implied by this standard.
The request is for special review approval to establish a TDR receiver site. The result would be an ability
to construct 2,500 square feet of floor area more than currently permitted and approved on a 35.72 acre
parcel.
Given the immediate environs and development patterns nearby, the location, size and design of
the special review use requested herein is in complete harmony with the surrounding area. The proposal
envisions aloes-density, single-family residential development with a house size that is consistent with
many neighboring homes. The building envelope ensures an ability to maintain open space in a functional
manner while avoiding all 1041 environment hazards.
The impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties due to adding 2,500 square feet of residential floor area
will be more or less nonexistent. That is, the additional square footage will not result in any greater level
of pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor impacts
that will be the case for the existing right to develop a home of 5,750 square feet.
Parking needs of the site will be provided for within the building envelope and will meet the
standards of the County (Subsection 9-110-041(C)) with respect to amount and configuration. Trash will
be stored in compliant bear-proof containers. Service delivery will be no different than any single-family
home in the area or elsewhere. Finally, adequate separation will be provided between the home site and
neighboring properties to ensure minimization of noise, vibration or odor impacts.
C. There must be adequate public facilities and services to serve the special review
use including but not limited to roads, potable water, sewer, solid waste, parks,
police, jive protection, emergency medical services, hospital and medical
services, drainage systems, and schools.
There are adequate public facilities and services to serve asingle-family residence on the subject
parcel, and the addition of 2,560 square feet of floor area will not affect this level of adequacy. It is not
expected that the ability to add square footage to the home will result in undue impacts to parks, police,
hospitals, or schools. The desgnafion of a TDR receiver site will not require additional public facilities
and services:
D. An application for special review mzest demonstrate. to the Board of County
Commissioners that the proposed development will not
Materially endanger the public health, safety or welfare; and
2. Substantially injure the valzte of adjoining or abutting property.
The County has approved numerous TDR receiver sites in the recent past. The subject property
will not endanger the public health, safety or welfare. The home will be located within the 1041-approved
building envelope: The individual sewage disposal systems (ISD5) for the lots will be sized to
accommodate the development and, an I5D5 permit will be obtained from the County Environmental
Health Department. The driveway will comply with County driveway standards. TDR use will not
materially endanger the public health, safety or welfare, nor will it injure the value of adjoining or
abutting properties.
ASPEN OFFICE
US BANK BUILDING, 420 East MHIN smear, SurrE 204, AsvEN, COLORADO 81611 TELEPHONE;
BASALT OFFICEC "' 970.925:5196
MIDL4ND Mau, 132 MIDIiIND AVENUE, SU3TE 4, Bnsar, COLORAti081621 '-~~ FACSIMILE:
970.925:4559
~~ ,.' ~ ,
e';xti °
i
E. Limitations of Approval. The Special Review of Employee Dwelling Units,
Caretaker Dwelling Units and Single Family Dwelling C7nts with six (6) ~or more
bedrooms and/or snore than 15,000 square feet of floor area, shall be exempt
from the Limitations of Approval and Time Limits standards.
Since this Special Review application is for use of TDRs, the limitations of approval and time
limit standards are not applicable.
VESTED RIGHTS
The applicant requests that vested rights be conferred pursuant to Sections 4-140 and 4-40-020(G)
of the Pitkin County Land Use Code for this approval. Since this application is being reviewed and
approved under the terms of the Code in effect as of the date of its submission (April 2003), all approvals
granted will be perpetual; with no expiration date. Further, the approvals will be vested under the
currently podiffed land use regulations, including but not limited to the Bulk and area limitations of the
RS-30/PUD zone distric{and the methods of measuring floor area.
ADMINISTRATIVE 1041 HAZARD REVIEW
The applicant requests that, in connection with the approval of this Special Use application for the
use of one (1) TDR on the subject property, that further the County update and approve the existing 1041
Hazard Review (included with this application) to update it for current wildlife standards.
ASPENOFFICE: TELEPHONE:
US BANK BUILDING, 420 Ensr MAIN srn~r, Suite 204, AsveN,'000ORADO 81611 970.925.5196
BASALT OFFICE: FACSIMILE:
MIDIAND Mna, i32 MIDL4nD Avenue, Susie 4, BASnLT, COLORADO 61621 970.925.4559
i,.7,"-f - ~i i,
..-~ ' , ....r ...
ITEMS' #2 AND #7'
TO
APPLTCATIONJF`O~Z STANLEY W. f'FIEF'F
LOT 29;"SOPRIS MOUNTAIN RANCH
APRIL 25, 2003
PROOF OF OWNERSHIP AND LEGAL DESCRfPTION
AND
PROOF OF ACCESS
AS SHOWN BY
OWNER'S POLICY' OF TITLE I1V5`URANCE (1 COp'i')
(Attached Hereto)
tssueo Br •. -.- . OWNERrS POLICY OF TITLE INSURANCE
JdluyeLS~l~@IriSUI'dilCCG O,~Olcltl®11 POLICY NUMBER
A~5-0618601.
SUBJECT TO THE EXCLUSIONS FROM COVh`R11G`E '1'H~'€XCEPTIONS FR'O1N CdV~ii'/~iE: CO1J7AiYYED~`~'I~ S~FiEbIfLEt AND~~E
CONDITIONS AISb$TIPUL""KT'IONS" LAV(IYEq$ TfT~E (PJ$URAhYOE"C gRPtSit/1~P(ON,'a9 i inia corporation, herein called the Company,
insures,. as of Date of Policy shown in Schad"tile A a+ainsi 1"os's or damn e, riot ezceedin theme Ambunt dflnsurance stated in' Schedule A.
sustained or incurred by the insured by reason of.
3. Unmarketabilitytof thertitie SUmti ante on ilia titleule A peingvested other than as stated therein;
4. Lack of a right of access to ahd from the land " "' '' "
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title; as insured, but only to the extent provided in
the Conditions and Stipulations.
IN WITNESS WHEREOF, LAWYERS'TITLE IfJSUR}~1dCE CORY°ORATION has caused ds corporate name arid seal to'be hereunto affixed by
its duly authorized officers, the Policy to become valid'w)ieri countersi ned' ` ~ " '
g hY an authodzed officer or agent of the Company:
LAWYERS TITLE'INSUFiAtSCE=CORPORATION
ig ~• .~9g9y
:W a4
Attest: ~~ ~ ~~ i 3 ~ ~ lS ~ ,~-.~. (~/~-y,/ "a
%i`., 1925 ~°S By:
Secretary °y %' 3
°`~y',?+wo~o !~> President
EXCLUSIONS FROMCOVERAGE
attomeys' fees o9 ezpenses8which ardselbyeeason off~om ilia coverage of this policy and. the Company will not pay Toss or damage, costs,
1. (a) Any law, ordinance or govemmental regulation (including but not limked to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or refatiri'g to (i) the occupancy, use; or enjoyment of the land; (ii) the character,.dimehsions or Iodation of
any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of whidh the land is or was a part, or (iv} environmental protection, qr the effect ~of any violation of these laws, ordinances or
govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect; lien or encumbrance resulting
from a violation or alleged violation affecting the land has tiaen recorder in the public records at~Date of Policy.
(b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exemise thereof or a notice of a
defect, lien or etictjmbrance resulting from a violation or alleged violation affecting''the land has been recorded in the public records at Date
of Policy. '
2. Rights of eminent domain unless notice of the exercise thereof has been recorded'in the publiorecords at Date of Polidy,-but not excluding
from coverage any taking which has occurced prior to bate oP Policy whicA would be binding oh the rights°of a ptirctiaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or othermatters:
(a) created, suffered, assumed or agreedto by the insured claimant;
(b) 'not known to the Com n ,not recorded in the ublid records at Date of Polid ,but known
wntin to the Com n b the ihsured claimant dor to the date the insured claimant became an' insured under this policy;
c resultin m no DOSS or damage td the"insured claimant; ~ y - _ ~to the insured Gaimantahd not disclosedih
U g.
(d) attaching or created subsequent to Date of Policy;dr
(e) resulting in Itiss or damagewhich would not have been sustained 'rf the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy; by reason of the operation of
federal bahkruptcy, state ineplvency, or simil@r creditors' rights )aws thafis based on:
(a) the transactign creating the estate orinterest insured~by this po'ficybemg deemed a freudulerit conveyance or fraudulent transfer; or
(b) the Transaction creating khe estate or interest insured by this policybeing deemed a preferehtial transfer except where the preferential
transfer results from the failure:
(i) to timely record the iristrument of transfer; or
(ii) of such recordation to impart notice to a purchaserfor valuegr, a judgment or lierr credkor.
.... ._ ..... ....:... . .. ... .. ... ~,:,u.r:.
NM 1 PA 70 Cover '' ~' - - ~ ..
ALTA Owner's'Policy (10-t7-92)
Form 1190 74A ORIGINAL Valid only If Schedules A and B are attached
.,. ~...,
„.... a xS x.. i:y .... .r. -berv. s~
,r,x L.. xv a.
' CONDITION
1. DEFW.IT'iON OF TERMS.
Yne •ollowfng tertns'wiien used'in this policy mean: ~'
(a) "insured°: the insured namedinSchedule A and, subjea'to any rights
or defenses the Company would have had against the named insured, those
who succeed to the interest of the named insuredoy operation of law as
distinguished from purofiase including, but not limned to, heirs, distributees,
tlevisees~ survivors, personal representatives, nett of kin, or` corporate or
fiduciary successors, - -
(b) °insured claimant": an insured claiming lossor damage.
(c) "knowledge' or "known": actual knowledge, not construciye
knowledge or notice wnicfi may be imputed to an insured 6y reason of the
public records as defined in this policy or any other records which impart
constructive notice of matters alleging the land.
(d) "land": the land 'described or referred tp in Schedule (A) and
improvements affixed thereto which` bylaw constitute real property. The term
"land" does not include any property beyond The fines of the area described or
referred to in Schedule (A), nor any right; title, interest, ~e'state or easement in
abutting streets roads avenues alle Ian wa
i AND STIPI7LATON§ ~" ~ ~'
..y.
jurisdiction and expressly reserves the right, in its sole discretion, to appeal
from any adverse judgment or order.
(d) in all cases where this policy permits or requires the Company to
prosecute or pMwde for the defense of any action or proceeding, the ipsured
shall secure to the Company the right to so prosecute pr provide defense in
the action or proceeding; and all appeals therein, and pemii[ the Company to
use, at "hs option, the name of the insureC for this purpose. Whenever
requested by the Company, the insured, at the Company's expense, shall give
the Company all reaspnable aid (f)in any action or proceeding, securing
evidence, `obtaning witnesses, prosecuting or defending the anion or
proceeding, or effecting settlement, and (ii) in any other lawful act which in the
opinion of the Company may be necessary or desirable to establish the title to
the estate or interest as insured. It the Company is prejudiced by the failure of
the insure~`to'fumis6 the "required coopemtipn, the Company's obligations to
the insured under the policy shall terminate, including any liability or obligation
to defend, prosecute, qr continue any litigation, with regard to the matter or
matters requiring such cooperation.
, ys, es, ys or waterways, but nothing
herein shall modify or limb the eMeM to which a right of access to and from the
land is insured by this policy.
(e) "mortgage": mortgage, deed pt trust, trust deed, or other security
instrument.
(~ publicprr~ es ofr mparting`constru~ive notice tot smatte~af Date of'"
Polic for the u relating. to
real property to purohasers for value and without knowledge. Witn respect to
Section 1(a) (iv) of the Exclusions Prom COVerege, °public records' shall also
include environmental protecfion'liens filed in the recprds of the clerk of tfie
United States district court for the district in which the land is located
(g) 'unmarketability of the title ran alleged or apparent mattef affecting
the title to the land, not excluded or excepted from coverage, which would
entRle a pumhaser of the estate orinterest -0escri6edin Schedule`A td be
released from the obligation'to purdhase by virtue pf a contractual condition
requiring the delivery of rtiarketable tkle.
2. CONTINUATION O
Thecoverage of thi
favor of an insured only
theland, or holds an in
given by a pumhaser 6
have liability by reason
transfer or conveyance ~
in force in favor of any
interest in the land, or
mortgage given to the in
3. NOTICE Of CLAIM
The insured shall tic
litigation as set forthin ~:
to an insured hereunder
title to the estate or in
damage for which the G
title to the estate or iMeri
notice shall not be given
the Company shall term
prompt notice is requii
Company shall in no cas
unless the Company shy
extent of the prejudice.
ISURANCE AFTER COI`lVEYANCE'OFTlTLE. ~ ""-
ilicy shallcontinue in force as of Date of Policy in
long as the insured retainsan estate or interest in
redness secured by apurchase money mortgage
the insured, or only so long as the insured shall
ovenants of warranty made by the insured in any
le estate qr interest. This policy shall not boMinue
chaser from the insured of either () an estate or
an indeMedness sectired'by a purohasemoney
I BE GIVEN BY INSURED'CfJlINIA`NT. ~~"- ""
the Company promptly in wrking (i) in case of any
Sion 4(a) below, (ii) m wse knowledge shalt gome
any claim of title or interest which is adverse to the
est, as insured, and which might cause lossor
patty may be liable by virtue of this polidy, or (iii) if
as insured, is selected as unmarketable. If prompt
the Company, then as to the insured all liability W
5. PROOF OF LOS5 O
In addition to and z
Condifions~and Stipulatjo
or damagesigned and s
the Company within 90 di
giving rise to the loss or ~
the defecYin, or lienor
against by this pokcywni
state, to the eMent possil
damage. tf the Company
provide the requireo proof
insured under the policy:
defend, prosecute, or cr
matters requiring such prc
In atltlitidn. tNn ineurc
whether ben
pertain to the
Section
the Ca
submit for examination und<
information or gram pertnissir
from third parties as required
the Company under this policy
nofices required under Section3 ofthese
' been. provided the Company, a proof of loss
by the insured claimant shall be furnished to
r the insured claimant shall ascertain the facts
. The proof of loss or damage shall describe
brance on the title, or oilier matterinsured
titutes the basis of loss or damage and shall
basis `o(calculating'tne amount of the loss or
idiced by the failure of the insuredclajmant tp
or damage, the Company's obligations to the
ioinate, including any liability or obligation to
any litigation, with regard to the matter or
ntmsy reasonably 6e required to submit to
horized representative of the Company and
spection and copying, at such reasonable
mated by any authorized representative of
s, ledgers, checks, correspondence and
late before or after Date of Policy, which
r damage. Further, it requested by any
rmpany, the insured GaimaM shall grant Rs
horized representative of the Company to'
alt records, books, ledgers, checks,
ip the custody or control of a third martv
~~ ~annyo. .vi mrormamon cesrgnated as
pmvided tq the Company pursuant to this
tars unless, in the reasonable judgment of
the administrefion' of the claim. Umess
egulation, failuregf the insured claimant to
Ili, produce other reasonably requested
secure reasonably necessary information
'..paragraph shall terminate any liability of
to wtth regard to the matter or matters'tor which ,6. OPTIONS TO PAY OH OTHERWISE SETTLE CCAIMS;`TEFif~IfNq'TfON ~~~~'-~~~
provided, however, that failure to notify the OF LIABILITY.
prejudice therights of any insured under this pplicy In case of a claim under this policy, the Company shall have the following
be preludiced by the failure and then only to the additional options:
(a) To Pay or tender Payment of the Amount of I
4. DEFENSE AND PROSECUTION OF ACTIONS; DLJTy OF I~IS`'IfRED
CLAIMANT'TO C0l7f5ERtATE. '"
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulatrons, the. Company, at
its own cost and without unreasonable delay, shall provide fottne defense of __
an insured in I@igabon in ~ ich any third party asserts a claim adyerse to the
title or interest as insured,
but onty' as to those stated causes by action
alleging a defect, I(en or encumbrance or other matter insured against by this
policy. The Company shall have the right to select counsel of its choice
(subject to the right of the insured to object for reasonable cause) to represent
the insured as to those stated causes of action and shall not be liable for and
will not pay the fees of any other counsel. The Companywill notpay any fees,
costs or expenses incucedby the insured in the defense of those causes of
anion which allege matters not insured by this policy.
(b) The Company shah have the fight, at its own cost, tp institute. and
prosecute any anion pr prdceeding or to 0o any other act which in its opinion
may be necessary or desirable to establish the ti[Ip to the estate or interest, as
insured, or to prevent or reduce loss or damage to theinspred. The Company
may take any appropriate action under the terms of this policy, whether or not
rt shall be liable hereunder; and shall not thereby concede liabilty or waive any
provision of this policy. If the Company shall exercise its rights under this
paragraph, rt shall do so diligemly.
(c) Whenever the Company shall have brought an anion or interposed a
defense as required or permitted by the provisions of this. policy, the Company
may pursue any laigation Jo `final determination by a court ofcompetent
nsurapce.
.. -.~ to pay or tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured
'claimant, which were authorized by the Company, up to the time pf payment or
tender of payment and which the Company is obligated to pay:
Upon the exercise by the Company of this option, all liability and
obligations td the insured under this policy, other than to make the payment
regwretl shalt terminate, "including any liability or obligation to defend,
prosecute Or continue any litigat%n, and the policy shall be surtenderedto the
r,. .,....._, _____„~.
Settle Witti~Parties Other than the Insured or
(i) to pay or otherwise settle with other parties for or in the name of an
insured claimant any claim insuredagainst under this policy, together with any
costs, attorneys' fees and expenses induced by the insuredclaimam which
were authorized by the ~COmpany'up to time of payment and which ilia
Company is obligated to pay; or
.(ii) to pay or otherwise settle with the insured claimant the Igss or
damage provided for under this policy, together with any costs attorneys' fees
and expenses'incuced by the insured claimant which were authorized liy the
Company up to the time of 'payment and which the Compenyrs obligated to
pay
Upon the exercise by the Company of either pf the opfionsprovided for in
paragraphs (t)(I) or (ir), the Company's obligations [o the insured under this
policy for the claimed loss or damage; other than the payments required to be
made, shall terminate, inolur6ng any liability or obligation to defend, prosecute
or continue any litigation.
' ~ coMlnued on next page of cover sheet
` SCHEDULE A-OWNER'S PQLICY ' ~ ~'
PCT16096~L2E~ DecembeA20, 02002 @ 3 10 pM AMO $62 OOON DURANCE
1. NAME OF INSURED:
STANLEY VV: CHEFF
~ .! I
POLICY NUMBER
A75-0678601
2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED ~BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR INTEREST REFERRED TO'HER`EIN~IS AT DATE OF POLICY VESTED IN:
STANLEY VII: CHEFF _ ,. _ :,
4 COLORADO ANDRS DESC122 BEb AS~OLLOVVSITUATED7N THE COUNTY OF PITKIN, STATE OF
A parcel of land being part of Tract 87 and Lots 2 and 3, Section 33, Township 8 South, Range 87 West of
the 6th Principal M"eridiah. Said parcel is more'fully described as follows:
Beginning at a point whence the Southwest corner of said Section 33 bears North 45°03'48" West 3910.48
feet;
thence North 25°04 West 560.10 feet;
thence North 58°42' East 1037.15 feet;
thence North 43°06' East $90.00 feet;
thence 115.90 feet aldng a curve to the left having a radius of 75.06 feet (the chord of which bears North
88°52' 104.72 feet);
thence 110.96 feet along a curve to'the right having a radius of 173.62 feet;
thence 268.15 feet along a curve to the left havirig a radius of 382.82 feet;
thence North 41°07' East 94.47 feet;
thence 246.51 feet along a curve to the right having a radius of 299.98 feet;
thence North 88°12' East 70.00 feet;
thence South 1°30' East 865.00 feet;
thence South 62°29' West 2092.00 feet to the point of beginning,
Countersigned:
PITKIN COUNTY TITLE. INC... ..
601 E: FIOPKINS AVE:
ASPEN, COLORADO 81611
(970) 925-1766/(970)-925-6527 FAX
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE~WITH THE PREPRINTED NUMBER ON THECOVER SHEET.
i "`c(' i~ 3 ) a i ~ ~ ~
SCHEDULE B-OWNERS
CASE NUMBER DATE OF POLICY POLICY NUMBER
PCT16096L2 December 20, 2002 @ 3:10 PM A75-0678601
OF THE FOLLOWING:
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASOtV > , , .,
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims. of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and irspection of the premises would disclose arid which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Water rights, claims or title to water.
6. Taxes for the year 2002 not yet due or payable.
7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by'the
authority of the United States and reservation of all coal and other minerals in""the lands sd entered and patented,
together with the right to prospect for, mine and remove the same pursuant to, the provisions and limitations of the
Act of December 29, 1916 (39 Stat. 862) as reserved in United States Patents recorded in Book 55 at Page 43
and Book 162 at Page 524.
8. Reservations of mineral royalty interest appearing in instruments recorded in Book 178 at Page 436, and Book
193 at Page 479.
9. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth
in Protective'Cdvenahts for Sopris Mountain Ranch recorded December 23, i'98Z in Bbok 437 of Page 748, First
Amendment thereto recorded November 19, 1987 in Book 551 at Page 259, Second Amendment thereto recorded
January 21, 1993 in Book 701 at Page 347, Third Amendment thereto recorded January 21, 1993 in Bobk701 at
Page 408, Supplemehtal Restrictive Covenants thereto recorded January 21, 1993' in Book 701 at Page 523 ani
g p ed February 4, 1998 as Receptioh
Nob413234,1Fifth Amendme t thereto recorded February 4m1998 as Rece bon No. 413233, Sixth Amendment
thereto recorded May 28, 1998 as Reception. No. 417416, Seventh Amendment thereto recdrded March 8, 1998
as Reception No. 414335 aritl Eighth Amendment thereto recorded February ~2, i999 as Reception No. 427991,
deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color,
religion, sex, handicap, familial status or national origin.
10. Terms, conditions, provisions, obligations and all matters as set forth in the Articles of Incorporation of Sopris
Mountain Ranch Homeowners' Association recorded March 21, 1986 in Bodk'S07 at Page 689.
11. Terms, conditions, provisions, obligations and all matters as set forth in the By-Laws of Sopris Mountain Ranch
Homeowners' Association, Inc. recorded March 21, 1986 in Book 507 at Page 693.
12. Easements, rights of way and all matters as disclosed oh 1041 Plat of subject property recorded February 7, 1997
in Plat Book 41 at Page 82.
13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the The Board of County
Commissioners recorded July 31, 1995 in Book 788 at Page 491 as Resolution No. 95-120.
ENDORSEMENT FORM 110 2SU~2 `r
' ~ ~ ~' ~~CT'~609°6L2CORPORATION.
POLIACY NO. A75 067g6pDE A PART OF LAWYERS. TITLE INSURANCE
p p y hereby deleted.
Exce tions numbered 1, 2, 3 and 4 of the above mentioned olic are
The coverage affordedunder this policy for deletion of Exception No. 3 above is hereby limited to
• D REVIEW PLAT, REC0~2DED FEBRUARY 7, 1997 IN
_, ..
PLAT BOOK 41 AT PAGE 82e 1041 HAZAR =,~ „ : , ..,,.
p y y• g• y g g m the assurances given
The tom an hereb insures a ainst an loss ar dama a resultin fro
herein.
s and provisions thereof
and of any pnor endorsements thereto. Exce t to the extent ex ressl ` stat
of the terms and provsao s ofthe pol cy anld pnordendo sJementsllif any, n d, it neither modifies any
or does it extend the
effective date of the palicy and prior endorsements or increase the,face amount thereof.
IN WITNESS WHEREOF, the Company has caused this End„orsemert to, be„signed and sealed and
to be valid when countersi ned b an authorized officer or a ent of the Com an ,all in accordant
9 Y 9 ~~ P Y e
with its By-Laws.
ISSUED AT PITKIN COUNTY TITLE, INC., 601 E. HOPKINS AVE., ASPEN, COLORADO 81611
BY:
Authorized Officer
-..r+.---_t. __-~ y , ... . ,.. A„ ,..:: u~:• r, ah w. :.u.... , ..~ .:.+a':4x...u_ a .. a., ...:.; , aye o
..
- CONDiTIOd~lS pND STIPULATIONS
(Con`tinued)
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
• This polidy is a contract of indemnity against ec'r'u"a~""monefery T`o`ss or `~'
damage sustained or incurred by tho'insured claimant who has suffered loss
or damage by reason of matters insured against by this policy anti ohlp to `ft`ie
extent herein described.
(a) The liability of the Company untlertnis policy shall not exceed the
least of:
(i) the Amount of Insurance stated, in Schedule A; or,
(ii) the difference between the value of the insured estate or interest
as insured and the value'of the insured estate or interes"f "subject`to"the ,._
defect, lien or encumbrance insured against by {Fis policy -~""" '
(b) In the event the Amount ofi Insurance stated in Schedule A at the
Date of Policy is less than 80 percent of the va1'ue o"f`"the in'eured'estafe of "F'°
interest or the full consideration paid for the land, whichever'is~Iess, or`if
subsequent to the Date of Policy an improvertiem is erected on the land
which increases the value of the insured estate or interest by atteast 2D
peroem over the Amountof Insurance statedyin Schedule A; then this Policy
,,..
is subject to the following:
(i) where no subsequent improvement has been made, as to any
partial loss, the Company'shall only pay the loss pro rata in the proportion
that the amount of insurance at Date of Policy bears: to the total, value of the
land insured estate or interest at ba ee of Policy; oY ~ "'
(ii) where a subs°egibM impioveirient has been made, as to any
partial loss, the Company shall only pay the loss pro rata in the proportion
that 120 percent of the Arndunt of Insurance stated in Schedule Abears to
the sum of the Amount of Insurance stated in Sc'FteCule A anti the amount
expended for the improvement. - ~ ' '~ ~ ` ' u "~ , ~'" "
The provisions of this paragraph shall not apply to crosts, attorneys' fees
and expenses for which .the Company is liable under this policy, and shall
only apply to that portion of any loss which exceeds; in the aggregate, t 0 per
cent of the Amqunt of Insurance stated in Schedule A.
(c) The Company wilt pay only tfiose c'osi"s,` attdi'n~ays' fees and' expenses
incurred in accordance'with Section' 4 of these Conditions and Stipulations.
.... ,..
S. APPORTIONMENT. ~~
If the land described in Schedule A consists of two or more parcels which
are not used as a single site, and a loss `is`estatiliefiedaf(ecting one br more'
of the parcels but not all, the loss shall be computed and settled on a pro rata
basis as 'rf the amount of insurance under this policy was divided pro rata as
to the value on Date of Policy of each separate pargel to the whole, ekclusive
of any improvemems made subsequent to Date of Policy, unless a liability or
value has otherwise beerT agreed upon as to each parcel by the Company
and the insured at the time of the issuance of thispolicy and shown by an
express statement or by an endorsemenfattactied to this policy.
9. LIMRATION OF LIABILITY. '"' "'
(a) If the Company establishes the tNe, or removes the atleged defect,
lien or encumbrance, or cures the lack of a right of access to~or from the
land, or cures the. claim of unmarketability' of title, all as insured, in a
reasonably diligent manlier by any method, including Idigatlon'and the
completign of any appeals therefrom, it shall hale fully perfgrmed 'ii
obligations with respect td that matter antl shall not be liable for'any foss or
damage causedthereby. ' ~`- -
(b) In the event bf any litigation, including litigation by the Company or
with the Company's consent, the Company shall have no liatiilityfpr loss or
damage omit there has Been a final determination by a court of competent
jurisdiction, and disposftion of all appeals therefrom; adversetq the ti41e as
insured.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without
the prior written consent of the Company. ~ `
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY. ...... .. .....~.'
All payments under this policy, except payments made for cysts,
attorneys' fees and expenses, shallreduce the`dmount of the insurance pro
lento.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company maypay underany policy
insuring a mortgage to which exception is taken in Sohedule B di' fo which
the insured has agreed; 'assumed, or taken subject;or whwh ishereafter
executed by an insured and which is a charge or lien on the esfa3e of iriteresf"
described or reterred td in Schedule A, and the amount so paid shall be
deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for
endorsement of the payment unless the policy has Dean lost or destroyed,-in
which case proof of loss br destruction shalt be famished to the; satisfaction
of the Company.
B t 190-74A
(b) When liability and the extent
fixed in accordance, with these 'C
has beep definitely
ations, the Ibss or
(a) The Company s~'iigfif of'Subrogadon. " "' °"'
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation sbali vest iri the Company unaffected by any
act of the insured claimant.
The Company shall ~be subrogated to andtie entitled. tq all rights and
reiri'eiiies""which the insured claimant would havshad against any person or
property in respect to th'e claim had this policy not~b~een issued. If requested
by the Company, the insured claimant shall trapsfer to the Company all rights
and remedies against arty person bi`property necessary inorderto perfect
this' ngh'f o'V `subrpgt#tion. The (nsured clatmam shall pertnR the Company to
sue, compromise or settle in the name of the insured claimant and to use the
npme oT the, insured claimant"inv,any transaction or litigationinvotving these
rights or remedies. y
If a payment on acgount of a claim does not full cover the loss of the
insured claimant, the Company shall be subrogated 'to these'nghts and
remedies in the proportion which the Company s payment bears to the whole
amount of the loss.
'" 1f los3 "should `r"esult from any ad of the insured claimant, as stated
above, that act shall no~ void this policy, but theCgmpany, in thatevent, shall
be required to pay only that part of any losses insured against by this policy
which shalt exceed theamount, 'rf any, lost to the Company by reason of the
iritpainriei~t fly tfie ~risuiedclaimariC'of the Company's ngM of subrogation.
' (b) The Company's :Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include wahout limitation, the rights of the insured to
indemnities; guaranties; other polities of insurance br bonds, notwithstanding
env terms"br cbnditioris contained in those instruments which providefor
Unless"pr'ohifirted 6y applicable law, eitherthe Company or the insured
may demand arbdration'pursuaM to the Tulle Insurance Arbitration Rules of
the American Arbdmtron Associa4on. Arbitrable matters may jncluile,'but are
not limited to any controversy orclairi'betwaen a Company and the
insured arising out of or relating to this policy, any service of the Company in
connection with ds issuance or the breach of a policy provision or other
obligation':' All arb~irable matters ~ when `the Amount of Insurance is
$1,000,000 or less shall be arbkreted at~the option"of eif}ier'ftie ~ortipanyot
the insured. All amftmble matterswhen 'the Amount of Insurance is in_
excess of $1,000;000 shall ba aroifrated only`~Shed agreed ~o `by bottithe
Company antl the insured. Arbkmtoh pursuant to this"policy and under the
Rules in effect on the date the demand for. arbitraLOn is made or, at the
option of the insured, the Rules in effect at Date of Policy Strap be binding
upon the parties. The award may include attorneys' fees only 'rf the laws of
the sfate it which the land rs located permit a court to award at[pmeys' fees
. ,..
t° a prevailing parry. Jiidgrnenf updn the awerdrendered by theArbitmtor(s)
may be entered in arty court having jurisdiction thereof.
The law of the silos of the land shall apply to an aroitration under the
Title Insurance Arbitmtfpn Rules. `
A copy of the Rul`ea may be obta(ned from the Company upon request:
15. LIABILITY LIMITED TO THIS PbLICX POLICY ENTIRE CONTRACT.
(a)Tfiis policy fo`"Fjetfier wi°"4~i aII"end'orsements; if any, attached hereto by
the Company is the entire poI'xy and cedRrect between the instlretl and the
Company:' In iriterpyating any provision of this policy, this policy shall be
constmed as a whole. '
(b) Arty claim ofloss or damage, whether or not based on; negligence,
policy.
(c) No amendment of or endosemem to this policy can be made except
by a wdting endorsed hereon or attached `hereto signed by either the
President;' a Vxe President, the Secretary, an Assistant Secretary, or
valida"ting'officer or" aullo'riied signatory of tfie Company.
16. SEVERABILITY. '.
In the°everft any provision of the policy is held invalid or unenforoeable
under applicablelaw,~the policy stall be deemed not to include that provision
and all other prbvisTOrisshall remain in fultforce and effect:
17. NOTICES WHERESENT.
All notices required to tie given the Company and any statement in
wrRin r aired to be famished the Company shall include the number of this
9 eq
poky and shat) be ad'
k dressed to: Consumer Affairs Deparlnient,"P:O. Box
27567, Richmond, Virginia'2326i-7567. '
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ITEM #3
TO
A LOT 29TSOPRIS MOUIVTAIY W CHEFF
N RANCI
APRIL 25, 2003
AGREEMENT TO PAY (2 COPIES)
(Attached Hereto)
~„
- ~a
PITHIN COUNTY COMMUNITY DEVELOT'MENT.1)EpARTMENT
AGREEMENT ~'OR PAYMY 1NT OY• LAND L1~E APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and STANLEY W. CHEFF (hereinafter APPLICANT)
AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for Special Review and GMQS
Exemption for a TDR Receiver Site and Administrative 1041 Hazard Review (hereinafter, THE
PROJECT).
2. APPLICANT understands and agrees that Pitkin Couhty Ordinance No. 32-2002
establishes a fee structure for land use applications and the payment of all processing fees is a condition
precedent to a determination of application gompletetles~. The fee structure is based on the County's
policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have
been set to be consistent and fair to the public and to reflect the expense incurred in providing such
services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the
proposed project, it may not be possible at the time of application to ascertain the full extent of the costs
involved in processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of ]and use
applications shall accumulate if an application includes more than one type of land use review.
5. 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.
6. Therefore, APPLICANT agrees that in considerafion of the COUNTY'S waiver of its
right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a
base fee in the amount of $1,445.00 which is based on 6.75 hours of staff time; and if actual time spent by
staff to process the application exceeds the average number of hours. by more than 20%, then the
COUNTY will bill the APPLICANT quarterly for the additional time spent. 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.
PITKIN COUNTY
Cindy Hoiiben
Community Development Director
Signatixre
Date: Mazeh 13, 2003
Mailing Address: 7901 Alaska Avenue
Caledonia, MI 49316
,~',?,
ITEM #4
TO
APPLICATION FOR STANLEY W. CHEFF
LOT 29, SOPRIS MOUNTATNRANCrH
APRIL 25, 2003
TOTAL FEE IN THE AMOTJNT OF $1,4'45.00
(Attached Hereto)
~,
~,
'~
ITEM #5
TO
APPLICATION FOR STANLEY° W. CHEFF
LOT 29, SQPRIS 1VIOUNTAIIlT RANCFT
APRIL 25, 2003
PRE-APPLICATION CONFERENCE SUMMAR'i' (I COPI~
(Attached Hereto)
----
.. x,;:~x
.
p ITK1N COUNTY
'"`
, PRt;-AFl'LICATION CONFCRliNCG SUl41tiN~RY "'
"`"SATE: February 26, 2003
PROJECT: Cheff Special Rcvicw ~ GMQS'Ezemption for a TDR Receiver Site and
Administrative 1041 Hazard Review
1.OC'ATION: Lot 29, Sopris Mtn. Ranch (Parcel 1D: 246533101OQb)
APPLICANT: Chcff
R$PRESENTATIVE; Michael Feigenbaum 'fel: 925-5196, fax 5-4559
PLANNER: Gzra Louthis T¢I: 920-548?
1, Type uC Application: Special Review and GMQS Fxemptign for the utilization of a TDR for additional
square footage, and administrative 10x1 Haunrd Review to updatothe wildfire standards.
2, Description of Pt`oject/Development: the Applicant is requesting to land a'1DIL oft this pat•ccl in
Sopris MounUiin Ranch for additional square footage.
3. Areas in which Applicants have been requested Gt respond, types of reports;
• Suction 3-210-010 (b): Special Review for a')'DR Receiver Site;
• Sec[inn 3-3t0: TDRs;
• Section 9-110-042 (c): GMQS L•xemption for additional Aonr,area fnr pre-1978 parcels;
4. Review is before: Pleating Officer.
S. Public Hearing: Yes, at Hearing Olliccr. 'fhc applicant shall pus[ a public notice sign oti the property
at )cast I S days prior m the hearing and shall mail notice to all adjacent property owners nt least 30
prior to the hearing with the return nddress of the Conamunky pevelopmcnt Department (copy of the
notice [o be obtained from the Connnunity Develupmen[ Department). The names and addresses shall
be those on the current tax records of Fitkin County as they appear no more than 60 days prior to the
date of the public henrine.
6. Will be referred to: .,Sopris Mountainliandt HqA, CDOW
~----
7. Whnt fee was the applicnnt requested to submit;
- Planning Office x1,420 Flat Fee (Special Review fa• TDR receiver site, and
Administrative 1041, based on 6.75 hours of staff time)
- Public Notice fee $25
- otal i~'ee at Submittal $1,44_ (Non-Refundable)
- fees for Ilcnring UlTieer billed at $135/hr.
- If the s41ff time exceeds 8.l hours, the Applicant will be charged at $2]o per hour
beyond 8.1 hours:
• Gntiru Application is required to be submitud digitally (acceptable formats ure:.nct, .doe,
,wpd, .rtf, jPcg> -Pdt; .jpeg, .tif)
8. Applicant shall submit five (5) copies of the foHowin>; information unless otherwise nitlcd (please
use double sided copies if possible):
I. Summary letter explaining the request and addrossing the Codti sections listed above;
2. Proof of ownership of Subject propctty including IesAl description (1 copy);
3. Agreement [o Pay Form (2 copies);
4. 1bta1 fee fnr review of ibis application;
,5. Copy of this pre-app form (1 copy);
6. Names nod. addresses of aft adjacent property owners end mineral esuite owners (1 copy);
7. Pivof/documcntatiogofaccess;
8. Consent letter from owner authorizing tfte representative (l copy);
9. Copies of previous land use approvals acid recorded site plans showing approved building
mtvelopc;
PLEASE NUTS; This pre-applrcurron conference ,rummnry is• advisory in naktrc «nd not Lindiw,~ an /hc
C.'otcnly. The rrfirrmatr'on prnvidrd rn rhir anmmary is hazed on current ,oning slandc'rrdr and s[crfj'r
inJerprerarinne of rice applrccrnt. Addition«l infr~rmurion may be rcyuired upvn « complete review o/ the
«pPliculinn.
[v
. f v n.~ 1 i
ITEM #6
TO
APPLICATION Ya OR STANLEY W. CIEFF '
LOT 29, SOPRIS'1VIOUNTAIN RANCH
APRIL 25, 2003
NAMES AND ADDRESSES OF ADJACENT PROPERTY OWNI';RS"(1 COPY)
(Attached Hereto)
~ ... ~"'3
Stanley W. Cheff Applicant
Lot 29, Sopris Mountain Ranch
e~i
Names and Addresses ®f Adjacent Property'Owners
and Mineral Estate Owners
Lot 23, Sopris Mountain Ranch Richard C. Bond
Henry M: Lambert
225 Girod Street
New Orleans, LA 7013p
Lot 25, Sopris Mountain Ranch Sopris Mountain Ranch
Homeowners Association
P.O. Boz 5486
Snowmass Village, CO 81615
Lot 28, Sopris Mountain Ranch Douglas and Barbara Sheffer
P.O. Box 2763
Basalt, CO 81621
Lot 30, Sopris Mountain Ranch Robert M. Mandich
P.O. Box 7964
Aspen, CO 81612
Lot 31, Sopris Mountain Ranch Richard Russo
5555 S. Steele Street
Littleton, CO 80121
Lot 32, Sopris Mountain Ranch Margaret Hughes Woods
12 Sage Rim Drive
Basalt, CO 81621
Lot 36, Sopris Mountain Ranch Gerald D. Hosier
HosierGerald D. Revocable Tiust
8904 Canyon Springs Drive
Las Vegas, NV 89117
Mineral Estate Owners Pitkin County Assessor's Office did not have
any current ipformation regarding foie
ownership of the mineral estate for the subject
property
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ITEM #8
TO
APPLICATION FOR STANLEY W. CHEFF
LOT 29, SOPRIS NiOUNTATNI2ANCH
APRIL 25, 2003
CONSENT LETTER FROM OWNER
AUTHORIZING REPRESENTATIVE
(I COPY).
(Attached hereto)
Stanley W. Cheff
7901 Alasl~a Avenue
Caledonia; MI 4931`6
March 13, 2003
Mr. Ezra Louthis
Pitkin County Community Development Department
130 South Galena
Aspen, Colorado 81611
Re: Cheff Special Review &GMQS Exemption, Etc.
Dear Mr. Louthis:
Concerning the application for Special Review, GMQS Exemption for the utilization of a
transferable development right for additional square footage, and administrative 1041 Hazard Review to
update the wildfire standards, the undersigned hereby authorizes the law firm ofBrandt~Feigenbaum, P.C.,
and their attorneys to represent us and act on our behalf in this matter.
W. Cheff
Cc: Michael Feigenbaum,
BRANDY•FEIGENBAUM, PC
~~
~~
ITEM #9
TO
APPLICATION FOR STANLEY W .CHEFF
LOT 29, SOPRIS MOUNTAIN RANCTI
APRIL 25, 2003
COPIES OF PREVIOUS LAND USE APPROVALS (2 COPIES)
w,.
(Attached Hereto)
PUBLIC NOTICE. „
NOTICE IS HEREBY GIVEN {to the general public that on July 1 S, 2003, the
Hearing Officer of Pitlpn County granted, approval (Detemunation No.23 -2003) for
the CHEFF.:SPECIAL 12EVIEW, GMQS EXEMP`TION~"(SR RECEIVER SITE,
,.~ ..
1041 HAZARD REVIEW (CASE# ~0~6=03) for one TDR to allow construction
of a residence of up to 8250 sq. ft. of floor area. The State Parcel Identification
_4,
Number for the property is PTD# 2465-331-O1-006. The property is described as
a parcel of land being part of Tract 87 and Lots 2 and 3, Section 33, Township 8
South, Range 87 West of the 6`~ Principal Meridian. This site specific
development plan grants a vested. property right pursuant to Title 24, Article 68,
Colorado Revised Statutes.
,_
s/James'True
Hearing Officer
Pitkin County, Colorado
Published in the, Ashen Times Weekly on July 26, 2003.
.... , .w... ,.. _. ...
Pitkin COUrlty Aceount 002.2
Public Private X
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PUBLIC NOTICE
RE: CHEFF SPECIAL RENEW, GMQS EXEMPTION FOR
RECEIVER SITE, 1041 HAZARD REVIEW (CASE# P046-03)
NOTICE IS HEREBY GIVEN that a~ublic hearing will be held on Tuesday,
July 15, 2003 to begin at 3:00 PM, or as soon thereafter as the conduct of business
allows, at the First Floor Meeting Room of the Courthouse, 506 East Main Street,
Aspen, before the Pitkin County Hearing Officer. To consider an application
submitted by Stanley W. Cheff requesting Special Review'approval to utilize one
TDR that allows construction of a residence of up to 8250 sq. ft. of floor'area.
n Number for the property is'PTD# 2465-331-O1-
The State Parcel Identificatio
006. The property is described as a parcel of-land being part of Tract 87 and Lots
2 and 3, Section 33, Township 8 South, Range 87 West of the 6th Principal
Meridian. The application is available ,for public inspection in the Community
Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For
further information, contact Ezra Louthis at (970)920-5092.
s/James True __.
Pitkin County Hearing Officer
Published in The Aspen Times'Weekly on June 14, 2003.
Pitkin County Account No. 002.02
Public Private_X_
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AFFIDAVIT OF NOTICE AND MAILING
PURSUANT TO'
PITHIN COUNTY LAND USE CODE SECTION 4-90
County of Eagle )
ss.
State of Colorado )
I, Michael Feigenbaum, being or representing an Applicant to the Pitkin County Development
Permit, personally certify that I have complied with the public notice requirements pursuant to Section 4-
90 of the Pitkin County Land Use Regulations in the following manner:
1. By mailing ot'notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to all owners of property adjacent to the subject property, as
indicated on the attached list, on the 12`x' day of June, 2003 (which' is 34 days prior to the public
hearing date of July I5, 2003). The names and addresses of the adjacent property owners shall be
public hearing~ent tax records of Pitkin County as they appeared no; mote than 60 days prior to the
2. By mailing of notice, a copy of which is attached hereto,. by first-class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject
property, as indicated on the attached list, on the 12`h day of June, 2003 (which is 34 days prior to the
public hearing date of July 15, 2003). The names and addresses of the mineral estate owners shall be
those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the
public hearing.
3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) and that said sign was posted and visible continuously from the 29°i day of June, 2003 to
the 15"' day of July, 2003. (Must be posted for at least fifteen (15) full days before the hearing date.)
A photograph of the posted sign is attached herein.
Stanley W Cheff, by Michael
Feigenbaum, his aadhorized agent `~'
Applicant's Name ~ ~ ~`~~M~
Signature
(Attach photograph)
Signed before me this 14°i day of July, 2003 by Michael Feigenbaum.
Witness my hand and. official seal.
My commission expires: -L_L~O~~
Notary Pubf~lc~--ig~
^n a! 7
Notary Public ignature ~'
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PUBLIC NOTICE
RE: CHEFF SPECIAL REVIEW, GMQS EXEMPTION FOR
RECEIVER SITE, 1041 HAZARD REVIEW` (CASE# p046-03)
NOTICE IS HEREBY GIVEN that a public hearing will'be held on Tuesday,
,, .
July 15, 2003 to begin at 3:00 PM, or aS soon thereafter as,the conduct of business
..,,., ,_
allows, at the First Floor Meeting Room of the Courthouse, 506 East Main Street,
Aspen, before the Pitkin County Hearing Officer. To consider an application
submitted by Stanley W. Cheff requesting Special Review approval to utilize one
TDR that allows construction of a residence of up to 8250 sq. ft. of floor area.
The State Pazcel Identification Number for the property is PID# 2465-331-O1-
006. The property is described as a parcel of land being part of Tract 87 and Lots
2 and 3, Section 33, Township 8 South, Range 87 West of the 6`h Principal
Meridian. The application is available for public inspection in the Community
Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For
fiuther information, contact Ezra Louths at (970)920-5092.
s/James True
Pitkin County Hearing Officer
Published in The Aspen Times Weekly on June 14, 2003.
------- -
Pitkin County Account No. 002.02
Public Private X
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T ~ ~ Y ~" v hx~'~ `w rvy.1 AI. • °x. •~I x.l .'~' by ~~Th aM~E1"q rx, zYVn.±t
Stanley W. Cheff, Applicant
i,ot 29, Sopris iVIountain Ranch
Names and Addresses of Adjacent Property Owners
and Mineral E.`state Owners
,~.~ .. -. ~ ..c- . , .... ~. K...n> .. i
Lot 23,. Sopris Mountain Ranch Henry M. Lambert
225 Girod Street
New Orleans, LA 70130
Lot 25, Sopris Mountain Ranch Sopris Mountain Ranch
Homeowners' Association
P.O. Box 5486
Snowmass Village, CO 81615
Lot 28, Sopris Mountain Ranch Douglas and Barbara Sheffer
P.O. Box 276'3
Basalt, CO 81621
Lot 30, Sopris Mountain Rarich Robert M. Mandich
P.O. Box 7964
Aspen, CO 81612
Lot 31, Sopris Mountain Ranch ~_..,...
Richwd Russo
5555 S. Steele Street
Littleton, CO 80121
Lot 32, Sopris MountainRanch Margaret Hughes Woods
0012 Sage Rim Road
Basalt; CO'81621
Lot 36, Sopris Mountain Ranch Gerald D. Hosier
Gerald D. Hosier Revocable Trust
P.O. Sox 3410
Crested Butte, CO 81224-3410
Mineral Estate Owners Pitkiri County Assessor's Office does not have
any current information regarding the
ownership of the mineralestate for the subject
property
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PITKIN COUNTY COMMUNITY~'bEVEI:b~ lV1~N'~`'1)El'ARTMENT `, ~ ,
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
May 6, 2003
Mr. Michael Feigenbaum
420 Easf Main Street, Suite 204
Aspen, CO 8161 I
Re: CHEFF SPECIAL REVTE 4V, GM'QS EXENIPTIOllT'F`OR A~`f`D)2 RECET~R~S'ITE N' 1
AND 1041 HAZARb R~`°V1'~`(p'~D""#°'2°°~'G331~ ~ 0~`~6 CASE#~P64(r03)
Dear Mr. Feigenbaum:
The Planning Office has completed its preliminary review of the captioned application. We have
determined that this application is complete. Please be aware that the Hearing Officer will be
billed at $135 Per hour. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and
proces's the application. 'The planner in charge of the review will request the information from
you directly.
We have scheduled this application for review at a public hearing by the hitkin County Healing
Officer on Tuesday, July 15, 2003, at a meeting to begin at 3:00 p.m. in the Courthouse Conference
Room 506 East Main Street As en Colorado. Sho
> P ~ uld this date be inconvenient for you please
contact. me within 3 working days of the date of this letter. After that the agenda date willbe
considered final and changes to the schedule or tabling of the application will only be allowed for
unavoidable technical problems. The Friday before'the meeting date, we will call to inform you that
a copy of the memo pertaining to the application is available at the Planning Office.
Please note that it is your responsibility to post a public notice sign on the property at least fifteen
days prior to the hearing (arid remove it within one week after) and to mailhotice to all adjacent
property owners and mineral estate owners at least, 30 days prior to the hearing with the return
address of the Community Development I)e artment co
P ( py of notice to be obtained from the
Community Development Department). The names and addresses shall' be those on the current
tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public
hearing. Please submit the enclosed Affidavit ofNotice by Posting & Mailing as proof of
compliance with the Code at the hearing.
If you have any questions, please call Ezra Louthis, the planner assigned to your case, at 920-5482.
Sincerely,
Janis Taylor
Administrative ssistant
Encl: A davit
t...
A F"~
COUNTY
PITKIN
CONIMUNI_ TY DEVELOPMENT DEPARTMENT
130 South Galena Stxeet
Aspen, 9"olorado $1611
Phone (970) 920-5526 FAX (970) 920-5439
MEMORANDUM
TO: SOPRIS MOUNTAIN RANCH HOMEOWNER'S ASSOCIATION
COLORADO DEPARTIVIENT OF WILDLIFE
FROM: Ezra Louths, Community Development Department
RE: CHEFF SPECIAL REVIEW; GQTv1S EXEMPTION FOR A TDR RECEIVER SITE...
AND 1041 HAZARD REVIEW
(PID# 2465-331-01-006 CASE# #'046-03)
DATE:., May 6, 2003
Attached for your review and comments are materials for_an application submitted by Michael
Feigenbaum for Stanley Cheff. The Hearing Officer will review the application on Tuesday, July
15,2003..
Please return your comments do me by Friday, May 30, 2003.
PLEASE RETURN APPLICATION NIATERTALS TO_COMMTJNITY DEVELOPMENT IF
YOU HAVE NOFURTHER NEED QF THEM.
Thank you.
~°COMMUNYTY'"DEVELO~!MENT DEPARTN~ENT' , ~,
.,_~ „~
"' ` 1"30`~out~i Galena 5~r` of '
Aspen, Coloxado 8"1617 ` "" ' " °'
(970) 920-5526
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