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HomeMy WebLinkAboutpitkin.planning.273515400009 (2009) ~~~~J1~~~'~ ~~~€~U'~ TITTS I+TLL MAY GIL 10~IAY NO"T' CGNTATN ALA, EIF TTiI; INFGRMATT®N LIS'T'ED DELQ~J TN T~IIJ ar'(~LLG~e'ING GI~TSEF~ Snan€ntary Sheet ~esaint~ean for the c~CCC and/ora~ez~ ®rcFaaanee for the BEZCC amd/or P&Z Tletertninataon for the ~Iearang dffecer Adrtacanastratave TZeter~anataon Staff Memo Appaication P~ablac Notace, Acceptance Letter, T2eferra6(s) Letter Sate Plan Misce[laneons Plat(s) Parcel ID: 2735-15-4-00-009 Application Date: 5/26/09 Case No: P050-09 Description: Planner: Mike Kraemer # Copies: 3 Allocated Hours: 5 Project Address: 1959 MAROON CREEK RD, ASPEN, CO 81611 % Over Hours: 6 Property Owner: LARSEN BENJAMIN TRUST Owner's REP: MARCELLA LARSEN Address: 433 PLAZA REAL, #339 Owner Phone: (970) 925-3082 BOCA RATON, FL 33432 Address: 1969 MAROON CREEK RD REP's Phone: (970) 925-3082 ASPEN, CO 81611 REP's Email: marcella_larsen@msn.com Referrals: ZONING REFERRAL Other Referrals: EH & NR REFERRAL Comments Due Date: 07/2112009 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 06/28/2009 Meeting Notes: Approvals: BOCC Resolution #: P8Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 074-2009 #562594 Other Information: VR Approval Date: 09/08/2009 Plat Recorded Date: 09/17/2009 VR Expires Date: 09/08/2012 Plat (Bk, PG): 691 P81 #562858 Remarks: Application Type: Site Plan Non-Conforming Use ADMINISTRATIVE DECISION OF THE COMMUMTV DEVELOPMENT DIRECTOR OF P1T[~T T TTU E p~ APp p ~AI, AND APPRpVEAL OR RECONSTRUC~TIO SOF A LEG NON-CONFORMING STRUCTITRE Administrative Decision No.~ y -2009 RECITALS The Marcella Larsen, Larsen Benjamin Trust (hereafter referred to as the "Applicant") has applied to the Community Development Director of Pitkin County ("Director") for Site Plan approval and the ability to replace an existing dilapidated fishing but that is considered non- conforming because it resides within the 100' riparian/wetland setback of Maroon Creek. The Applicant proposes to replace the but with an identical structure of the same height, length, width, floor area, and bulk. 2. The parcel is located at 1959 Maroon Creek Road and legally described in Attachment A. The Lot is caned AR-10, approximately 12 acres, and is conforming in size. PID#: 2735-15400-009. 3. Though the structure is considered non-conforming the Applicant has the ability to replace the structure and lessen the non-conformity by siting it farther from Maroon Creek. The Applicant has documented, in the demolition permit, that the fishing but has an inside dimension of 11' by 1 I' and outside dimension of 18' x 16'. The but is approximately 14' in height and is approximately 40' from the top of the Maroon Creek bank The Applicant proposes to move the but 80' from the top of the bank. 4, The Applicant has addressed pertinent sections of the Code for site plan review. The structure will not be located on steep slopes. No floodplain has been mapped for Maroon Creek in this location. Pursuant to section 7-20110(ax4) of the Code the 100 year floodplain shall be identified as the area of land within a 20' horizontal or 5' vertical measurement, whichever is greater- The new location of the fishing but is proposed outside of this area. 5, The affidavit of public notice was mailed on July 28, 2009 to the adjacent property owners of the subject parcel. No objections were received within 30 days. Public notice was published in the paper on July 5, 2009. 6. The Director finds this request to reconstruct the fishing but is consistent with the requirements for Site Plan review and is in compliance with section 9-20-30. APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere tc all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit review. Structures represented in the application may not be permitted under building and caning regulations. 3. The fishing but shall be restricted to the same mass and bulk and following dimensions: RECEPTION#: 562594, 09!0912009 at Page I oft 09:19:32 AM, 1 OF 3, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO a 14' in height; b. 121 square feet of floor area; 4. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan for the location of the fishing but in accordance with Section 2.1.12 of the Pitkin County Land Use Application Manual. In conjunction with this plat, the approved envelope and site plan shall be depicted in accordance with Land Use Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 5. No development, including grading, excavation, fill placement, driveway, turnaround, berms, landscaping, vegetation removal or disturbance, entry or ranch gates shall occur outside of the approved activity envelope, with the exception of measures to comply with the wildfire mitigation required herein. 6. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the comers of the accessory activity envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until work is complete. 7. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on September ~, 2012. 8. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this properly. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asoen Times Weekly on the ~ day of ~, 2009. APPROVED by the Director, this ~ .day of ~b• , 2009. Cindy Houben Community Development Director PIGiI 2735-154-00-009 PO50-09 Page 2 ojl Attachment A Lega! Description Section 15 Township. 10 Range: 85 LAND IN NE4SE4 OF SEC ', CIS-10-85 CONT 10.05 AC M/L DESC BY M/B BK 322 PG 557-558 BK 650 PG 735 Tune 8, 2009 Marcella Larsen 1969 Maroon Creek Road Aspen, CO 81612 Marcella_larsen@msn.com Re: Larsen Benjamin Trust Site Plan Review, Replacement of Legal Non-Conforming Structure (PID#2735-154-00-009; Case# P050-09) Dear Ms. Larsen: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please send 11x17 copies of the large maps in the application. 1. Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property owners with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by (15 days out) June 21, 2009. 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 mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice shall provide comments or objections to the Community Development by (30 days out) 21st day of July, 2009. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 6th day of July, 2009, which is at least fifteen (15) days prior to the (30 day out) July 21, 2009. 3 o-~ 1 ~ Bonnie Waechtler From: Marcella Larsen [marcellalarsen@mac.com] Sent: Thursday, June 18, 2009 3:08 PM To: Bonnie Waechtler Subject: RE: Larsen Benjamin Trust (please use this version the other had a typo) Thank you, Bonnie. There are two problems with the notice: (1) the address far the property is 1959 Maroon Creek Road, NOT 1969 (the mapping you have is incorrect about the address); and (2) the application is by me individually, Marcella Larsen, AND me, Marcella Larsen, Trustee of the Larsen Benjamin Trust. Does this mean that the notice date and certified mailing deadline is different as well? Thank you, Marcella Larsen -----Original Message----- From: Bonnie Waechtler [mailto:Bonnie.Waechtler@co.pitkin.co.us] Sent: Thursday, June 18, 2009 11:47 AM To: Marcella Larsen Subject: RE: Larsen Benjamin Trust (please use this version the other had a typo) Mrs. Larsen, Attached is the Larsen Benjamin Trust Public Notice, please note there has been a date change for public comment. Bonnie Waechtler Planning Administrative Assistant Community Development Pitkin County 130 South Galena Street, 3rd Floor, Aspen, CO 81611 970.920.5109 (Phone) 970.920.5439 (Fax) bonnie.waechtler@co.pitkin.co.us -----Original Message----- From: Marcella Larsen [mailto:marcellalarsen@mac.com] Sent: Thursday, Tune 18, 2009 11:11 AM To: Bonnie Waechtler Subject: FW: Larsen Benjamin Trust (please use this version the other had a typo) Hi Bonnie: We are trying to do notice on the above application but have not received the notice via email. Would it be possible for you to email it via .pdf? The deadline is soon. Thank you! z_ Marcella Larsen -----Original Message----- From: Bonnie Waechtler [mailto:Bonnie.Waechtler@co.pitkin.co.us] Sent: Tuesday, June 09, 2009 7:36 AM To: Marcella Larsen Cc: Debbie Weinant Subject: RE: Larsen Benjamin Trust (please use this version the other had a typo) Debbie Weinant does the addressing for the county, I will have her get back to you. Bonnie Waechtler Planning Administrative Assistant Community Development Pitkin County 130 South Galena Street, 3rd Floor, Aspen, CO 81611 970.920.5109 (Phone) 970.920.5439 (Fax) bonnie.waechtler@co.pitkin.co.us -----Original Message----- From: Marcella Larsen [mailto:marcellalarsen@mac.com] Sent: Monday, June 08, 2009 5:34 PM To: Bonnie Waechtler Subject: RE: Larsen Benjamin Trust (please use this version the other had a tYPo) Thanks Bonnie. Is there a link on the website to the National Standard for Addressing? I couldn't find one. Thanks! Marcella -----Original Message----- From: Bonnie Waechtler [mailto:Bonnie.Waechtler@co.pitkin.co.us) Sent: Monday, June 08, 2009 2:26 PM To: Marcella Larsen Subject: Larsen Benjamin Trust (please use this version the other had a typo) PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 2 This must be submitted prior to any approvals being granted. If you have questions, please call Lance Clarke, the planner assigned to your case, at 920-5452. We have noticed that the road that connects your property to Maroon Creek Road has five residences along its path. The National Standard for Addressing requires a road with three or more houses to be named. Under these guidelines the road will be named and new addresses assigned, we welcome your suggestions for naming the road. The suggested road names should be unique, please do not include names such as Aspen, park, little.etc. as these names have been overused and are confusing for emergency response personnel. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2-20-100 4 N Parcel Detail Page 1 of 3 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Pro e~rt~earch ~ A_ssessor Subset Query ~ Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics ~ Tax Inormatun Parcel Detail ~ Value Detail ~ Sales Detail ~ Residential/Commercial Improvement Detail Land Detail ~ Photographs Tax Area Account Number Parcel Number 2008 Mill Levy 007 R009807 r 273515400009 Owner Name and Address LARSEN MARCELLA LARSEN BENJAMIN TRUST 433 PLAZA REAL #339 BOCA RATON, FL 33432-3945 Legal Description Section: 15 Township: 10 Range: 85 LAND IN NE4SE4 OF SEC 15- 10-85 CONT 10.05 AC M/L DESC BY M/B BK 322 PG 557-558 BK 650 PG 735 Location Ph sical Address: 1959 MAROON CREEK RD ASPEN Subdivision: Land Acres: 0 Land Sq Ft: 0 Section Townshi Ran e IS 10 85 2009 Property Tax Valuation Information ~ http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R009807 6/18/2009 Parcel Detail ~~ Actual Value ~~ Assessed Value Land: 5,250,000 417,900 Improvements: 5,194,800 413,510 Total: 10,444,800 831,410 Sale Date: Sale Price: Basic Building Characteristics Number of Residential 3 Buildin s: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics FIRST FLOOR: 617 OPEN PORCH: 8 FINISHED GARAGE: 264 FINISHED BSMT: 240 UNFINISHED BSMT: 24 WOOD BALCONY: 186 Total Heated Area: 857 Property Class• ' SINGLE FAM RES- IMPROVEMEN Actual Year Built: 1957 Effective Year Built: 1985 Bedrooms: 2 Baths: 1 Quality of Construction: GOOD T 12 Exterior Wall: WD SID AVE Exterior Wall: CCB STUCCO Interior Wall: DRYWALL Floor: CARPET Heat Ty e: FORCED AIR Heatin Fuel: GAS Roof Cover: ASP SHINGL Roof Structure: GABLE/HIP Page 2 of 3 http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R009807 6/18/2009 Parcel Detail Tax Information No Tax Records Found Top of Page Assessor Database_Search Options ~ Treasurer Database Search Options Pitkin County Home Page Page 3 of 3 The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright ©2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good. Turns Software. http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R009807 6/18/2009 IIII~IIIIIIIIIIIIIIIIoItIIIIIrITIIIiIlllllllllllllllllll~l0 528049 ~et:aa RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: HUTCHINSON BLACK AND COOK, LLC 921 WALNUT STREET SUITE 200 BOULDER, COLORADO 80302 ATTENTION: C. BRAD PETERSON DEED OF TRUST AND ASSIGNMENT OF RENTS THIS DEED OF TRUST is roads this 4" day of August, 2006, between MARCELLA LARSEN, individually, and MARCELLA LARSEN, AS TRUSTEE UNDER BENJAMIN LARSEN TRUST AGREEMENT DATED MARCH t B, 1991 ("Debtors', whose address is 1969 Maroon Crcek, Aspen, CO; and the Public Trustee of the County of Pitkin, Colorado ("Trustee"); for the benefit of LARSEN LP, a limited partnership, ROBERT E. LONG, TRUSTEE, TRUST A, U/W/O CHARLES F. URSCHEL, JR., and, WENDY U. LARSEN, TRUSTEE, TRUSTS B, U/W/O CHARLES F. URSCHEL, 1R. ("Secured Parties'. Debtors and Secured Partios covenant and ages as follows: 1. Property in Trust. Debtors, in consideration of the indebtedness herein recited and the trust heroin crested, hereby gent and convey to Trustee in trust, with power of sale, the real estate, including, without limitation, any interest of Debtors in the leasehold estate therein ("Property") located in the County of Boulder and State of Colorado as described in Exhibit A attached hereto and made a part hereof. 2. bli anon. This Deed of Trust is given to secure to Secured Parties the repayment of the indebtedness in the principal sum of FIVE MILLION FIVE HUNDRED EIGHTY NINE THOUSAND EIGHT HUNDRED SEVENTEEN and 49/100 DOLLARS ($5,589,817.49), with interest at 12°h par annum on the unpaid principal balance, evidenced by: (a) The Larsen Trust-Receipt Ageement (the "Agaement'~ dated of even data herewith, among Marcella Larsen f/k/a Marcella Larsen Chilson, individually, Marcella Larsen f/k/a Marcella Larsen Chilson, in her capacity as Trustee of the 1991 Larsen Irrevocable Trust, Larsen LP, a limited partnership, Robert E. Long, Trustee, Trust A, u/w/o Charles F. Urschel, Jr., and Wendy U. Larsen, Trustee, Trusts B, u/w/o Charles F. Urschel, Jr., and (b) The Arbitration Judgment (as defined in the Agreement), payable as therein provided and all amounts remaining unpaid thereon being finally due and payable on or before August 4, 2008, and contai0ing a provision for the payment of a reasonable additional amount as attorney's fees, and all other amendments given in substitution therefor or in modification, increase, renewal or extension thereof, in whole or in part. All payments shat! be applied first to reduce or eliminate accrued interest and expenses, with the excess of any such payment to be applied to reduce the principal outstanding. 3. Title. Debtors covenant that Debtors own and have the right to gent and convey the Property, and warra3rt title to the same, subj~t to general real estate taxes for the current year, easements of (W07832I3 CGE}arms IIIIII VIII IIIIII Illltllllltllllll IIIIII IllYlllll IIII Illla 52849 met ..e record, deeds of trust and financing liens and assignments of record and such other matters as are listed on Ezbibit B hereto. 4. Payment of Principal and Interest. Debtors shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Agrcement and shall perform all of Debtors' other covenants contained in the Agreement. 5. Application of Payments. All payments received by Sectued Parties under the terms hereof shall be applied by Secured Parties to amounts disbursed by Secwed Parties pwsuant ro paragraph 8 (Protection of Secured Parties' Security), and the balance in accordance with the terms and conditions ofthe Agrcement, 6. Property Insurance. Debtors shall keep the improvements now existing or hereafter erected on the Property insured against loss by fue or beards included within the term "extended coverage" in an amount at least equal to the lesser of (a) the insurable value of the Property or (b) en amount sufficient ro pay the sums secured by this Deed of Trust. All of the foregoing shall be known as "Property Insurance." The insurance carrier providing the insurance shall be qualified ro write Property Insurance in Colorado and shall be chosen by Debtors subject to Secured Parties' right to reject the chosen carrier for reasonable cause. All insurance policies and renewals thereof shall include a standard mortgage clause in favor of Secured Parties, and shall. provide that the insurance carrier shall notify Secwed Parties at least ten (10) days before cancellation, termination or any material change of coverage. Insurance policies shall be famished to Secured Parties at or bffore closing. Secured Parties shall have the right to hold the policies and renewals thereof. In the event of loss, Debtors shall give prompt notice to the inswance carver and Secured Partios. Secured Parties may make proof of loss if not made promptly by Debtors. Inswance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the secwity of this Deed of Trust is not thereby impaired. If such restomtion or repair is not economically feasible or if the secwity of this Deed of Tmst would be impaired, the insurance proceeds shall be applied ro the sums secured by this Deed of Trust, with the excess, if any, paid ro Debtors. If the Property is abandoned by Debtors, or if Debtors fails ro respond ro Secured Parties within 30 days from the data notice is given in accordance with paragraph 15 (Notice) by Secured Parties ro Debtors that the insurance carrier offers ro settle a claim for insurance benefits, Secured Parties are authorized to collect and apply the insurance proceeds, at Secured Parties' option, either ro restoration or repair of the Property or ro the sums secured by this Deed of Trust Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4 (Payment of Principal and Interest) or change the amount of such installments. Notwithstanding anythipg herein ro the contrary, if under paragraph 17 (Acceleration; Foreclosure; Other Remedies) the Property is acquired by Secured Parties, all right, title and interest of Debtors in and to any inswance policies and in and to the proceeds thereof resulting from damage ro the Property prior to the sale or acquisition shall pass to Secured Parties to the extent of rho sums secured by this Deed of Trust immediately prior to such sale or acquisition. Al] of the rights of Debtors and Secwed Parties hereunder with respect to insurance carriers, inswance policies and insurance proceeds are subject to the rights of any holder of a prior deed of trust with respect to said inswance carriers, policies and proceeds. taros{W07r3211 CGE) 2 C~ IIIIIII VIII IIIII~IIII II~IIIIIIII IIIIII III IIII~IIII IIII~ 0~18/Z0~00G 01:46 D 0.00 7. Preservation and Maintenance of Procerri. Debtors shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property. Debtors shall perform all of Debtors' obligations under any declarations, covenants, by-laws, rules or other documents governing the use, ownership or occupancy of the Property. 8. Protection of Secured Parties' Security, If Debtors fails to perform the covenants and agreements contained in this Deed of Tnut, or if a default occurs in a priority lieq or if any action or proceeding is commenced that materially affects Secured Parties' interest in the Property, then Securod Parties, at Secured Parties' option, without notice to Debtors unless required by law, may make such appearances, disburse such sums and take such action as is necessary to protect Secured Parties' interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs, Debtors hereby assign to Secured Parties any right Debtors Wray have by reason of any prior encumbrance on the Property or Collateral or by law or otherwise to cure any defauh under said prior encumbrance. Any amounts disbursed by Secured Parties pursuant to this paragraph, with interest thereon, shall become additional indebtedness of Debtors secured by this Deed of Trust. Such amounts shall be payable upon notice from Secured Parties to Debtors requesting payment thereof, and Secured parties may bring suit to collect any amoums so disbursed plus interest as specified in the Agreement. Nothing contained in this paragraph shall require Secttred Parties to incur any expense or take any action hereunder. 9. Ins tion. Secured Parties may make or cause to be made reasonable entries upon and inspection of the Property, provided that Secured Parties shad give Debtors notice prior to any such inspection specifying reasonable cause therefor related to Secured Parties' interest in the Property. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Secured Parties as herein provided, In the event of a total taking of the Property, the procceds shall be applied tm the stuns secured by this Deed of Tmst, with the excess, if any, paid to Debtors. In the ovent of a partial taking of rho Property, the proceeds shall be divided betwcen payment upon the sums secured by this Deed ofTmst and payment to Debtors, in the same ratio as the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to Debtors' equity in the Property immediately prior to the date of taking. Debtors' equity means the fav market value less the amount of sums secured by both this Deed of Trust and all priority liens (inc[uding Senior Debt but excluding taxes). [f the Property is abandoned by Debtors, or if, after notice by Secured Parties to Debtors that the condemnor offers to make an award or settle a claim for damages, Debtors fail to respond to Secured Partios within 30 days after the date such notice is given, Secured Parties are authorized to collect and appty the proceeds, at Secured Parties' option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in the Agreement nor change the amount of such installments. 11. Debtors Not Released. Extension of the Gme for payment or modification of anartization of the stuns secured by this Deod of Trust granted by Secured Parties to any successor in interest of Debtors shall not operate to release, in any manner, the liability of the original Debtors, nor Ikbtors' successors in vspe(W0787213 CGE) 1~ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~I 9284296 at.4a~ JRNICE K V05 CPUDILL PITKIN CDUNTY CO R 48.00 D 0.00 interest, from the original terms of this Deed of Tlvst. Secured Parries shall not be required to oomrnence proceedings against such successor or refuse to extend time for peymont or otherwise modify amortization of the sums Secwed by this Deed of Trust by reason of any demand made by the original Debtors nor Debtors' successors in interest. 12. Forbearance ILY Secured Parties Not a Waiver. Any forbearance by Secured Parties in exercising any right or remedy hereunder, or otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy. 13. Remedies Cumulative. Each remedy provided in rite Agreement and this Deed of Trust is distinct from and cumulative to sll other rights or remedies under the Agrernlent and this Deed of Tmst or afforded by law or equity, and may be exercised cencumntly, independently or successively. 14. Successors and Assigns Bound: Joint and Several Liabili{y Actions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Secured Parties and Debtors, subject to the provisions of the paragraph hereof entitled "Transfer of the Property; Assumption." All covenants and agreements of Debtors shall be joint and several. The captions and headings of the paragraphs in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereo£ 15. o 'ce. Except for any notice required by law ro be given in another manner, (a) any notice to Debtors provided for in this Deed of Trust shall be in writing and shall be given and be effective upon (1) delivery to Debtors or (2) mailing such notice by certified mail, return receipt requested, addressed ro Debtors at Debtors' address stated herein or at such other address as Debtors may designate by notice ro Secured Parties as provided herein, and (b) any notice to Secured Parties shall be in writing and shall be given and be effective upon (1)delivery to Secured Parties or (2)mailing such notice by certified mail, return receipt requested, to Secured Parties' address stated heroin or to such other address as Secwed Parties may designate by notice to Debtors as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Debtors or Secured Parties when given in any manner designated herein. 16. Governing Law: Severability. The Agreement end this Deed of Trust shall be governed by the laws of the State of Colorado. [n the evrnt that arty provision or clause of this Deed of Trost or the Agreement conflicts with such laws, such conflict shall not affect other provisions of this Dced of Trust or the Agreement that can be given effect without the conflicting provision, and to this end the provisions of the peed of Tmst and Agreement are declared to be severable. 17. Acceleration: Forecloswe: Other Remedies. Except as provided in the paragraph hereof entitled "Trensfer of the Property; Assumption," upon Debtors' breach of any covenant or agroement of Debtors in this Deed of Trusi, or upon any default in a prior lien upon the Property, at Secured Parties' option, all of the sums secured by this Deed of Trust shall be immediately due and payable ("Acceleration'7. To exercise this option, Secwed Parties may invoko the power of sale and any other remedies permitted by law. Secured Parties shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust, including, but not limited to, reasonable attorney's fees. If Secured Parties invoke the power of sale, Secured Parties shall give written notice to Trustce of such election. Trustee shall give such notice to Debtors of Debtors' rights as is provided by law. Trustee shall record a copy of such notice as required by law. Trustee shall advertise the time and place of the sale of the Property, for not less than four weeks in a newspaper of general circulation in the county in which the Property is situated, and shall mail copies of such notice of sale to Debrors and other persons as prescribed vtma{W0T83217 CGE) 4 IIIIIIII~IIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 5~84e9e6 et:4s JPNICE K VOa CiiUDILL PI7KIN COUNTY CO R 46.00 D 0.00 by law. After the lapse of such time as may be required by law, Trustee, without demand on Debtors, shall sell the Property at public auction to the highest bidder for cash at the time and place (which may be on the Property or any part thereof as permitted by law) in one or more parcels as Trustce may think best and in such order as Trustee may determine. Secured Parties or Secured Parties' designee may purchase the Property at any sale, It shall not be obligatory upon the purchaser at any such sale ro see to the application of the purchase money, Trustee shall apply the proceeds of the sale in the following order: (a) ro all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and atromoy's fees and costs of title evidence; (b) to all payments due upon prior liens; (c) to all sums secured by this Deed of Trust; and (d) the excess, if any, to the person or persons legally entitled thereto. 18. Debtors' Right ro Cure Defau~. Whenever foreclosure is conunenced for nonpayment of any sums due hereunder, the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest payments due as of the date of cure, costs, expenses, laze charges, attorney's fees and other fees all in the manner provided by law. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had oceured, and the foreclosure proceedmgs shall be discontinued. 19. Filing and Recordation. Debtors will cause this Deed of Trust and all amendments and supplements thereto and substitutions therefor and all financing statements and continuation statements relating hereto to be recorded, filed, re-recorded and refiled in such manner and in such places as Secured Parties shall reasonably request, and will pay all such recording, filing, re-recording and refiling taxes, fees end other charges. 20. Assixnment of Rents• Appointment of Receiver Secured Parties in P ~gcion. As additional security hereunder, Debtors hereby assign to Secured Parties the rents of the Property; provided, however, that Debtors shall, prior ro Acceleration under the paragraph hereof entitled "Acceleration; Foreclosure; Other Remedies" or abandonment of the Property, have the right to collect and retain such rants as they become due and payable. Secured Parties or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under the paragraph hereof entitled "Acceleration; Foreclosure; Other Remedies," and shall also be so entitled during the time covered by foreclosure proceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of Debtors or of the then awrror of the Property; and withom regard to the value thereof. Such receiver may be appoitted by any Court of competent jurisdiction upon ex pane application and without notice-notice being hereby expressly waived. Upon Acceleration under the paragraph hereof entitled "Acceleration; Foreclosure; Other Remedies" or abandonmetrt of the Property, Secured Parties, in person, by agent or by judicially-appointed receiver, shall be enthlod ro enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rerrts collected by Secured Parties or the receiver shall be applied, first, to payment of the costs of preservation and management of the Property, second, ro payments due upon prior liens, and then to the sums securod by this Deed of Trust. Secured Parties and the receiver shall be liable to account only for those rents actually received. vuos{W07a3211 CGE) q ~~ 21. Release, Upon payment of all sums secured by this Deed of Trust, Secured Parties shell cause Trustee to release this Deed of Tntst and shall produce for Trustee a copy of the Agreement. Debtors shall pay all costs of recordation and shall pay the statutory Trustee's fees. 22. Waiver of F.*emptions. Debtors hereby waive all right of homestead and any other exemption in the Property under state or federal law presently existing or hereafter enacted. 23. ~ttsfer of the Prop~±tTy• Assttmntion. The following events shall be referred to as a "Transfer": A transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein), the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any part thereof or interest therein), or an agreement (other than the Leases) gaming a possessory right in the Property (or any portion thereof). Not to be included as a Transfer are (i) the creation of s lien or encumbrance subordinate to this Deed of Trust, (ii) the creation of a purchase money security interest for personal propcRy or (iii) a transfer by devise, descent or by oparafion of the law upon the death of a joim tenant. At the election of Secured Parties in the event of each and every Transfer: (a) All sums secured by this Deed of Trust shall become immediately due and payable (Acceleration)• (b) If a Transfer occurs and should Swured Parties not exercise Secured Parties' option pursuant to this paragaph to Accelerate, Transferee shall be deemed to have assumed al! of the obligations of Debtors under this Deed of Trust including all sums secured hereby whether or not the instrument evidencing such conveyance, contract or gent expressly so provides. This covenant shall run with the Property and remain in full force and effect until said stuns are paid in full. Secured Parties may without notice to Debtors deal with Transforce in the same manner as with Debtors with reference to said sums including the paymem or credit to Transferee of tmdisbursed resrne Funds on payment in full of said sums, without in any way altering or discharging Debtors' liability hereunder for the obligations hereby seeured. (c) Should Secured Parties not elect to Accelerate upon the occun•ence of such Transfer then, subject to subparagraph (b) above, the mere fact of a lapse of time or the acceptance of payment subsequent to any of such events, whether or not Secured Parties have actual or constructive notice of such Transfer, shall not be deemed a waiver of Secured Parties' right to make such election nor shall Secured Parties be estoppel therefrom by virtue thereof. The issuance on behalf Of Secured Patties Of a routine statement showing the status of the loan, whether or not Secured Parties had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Secured Parties' said rights, 24. Debtors' Coov. Debtors acknowledge receipt of a copy of the Agreement and of this Deed of Tnut. IIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIII ~s8o~ t:,e uzus[wo~a3ztr coe} ~~ EXECUTED as of the day and yoar first written above. DEBTORS: STATE OF COLORADO ) ~,.,q~~ Irv arce~a~.ais`en, Individually BENJAMIN LARSEN TRUST AGREEMENT' DATED MARCH 18, 1991 sy: ~ / ' ~.a.S't~L Marcella arson, Trustee ss. COUNTY OF ) The for~e~~'~g'o"""ing""~~~in/~strumecrt was aclmowledged before me this ~ day of ~q~~ , Marcella Larsen, individually, and as Trustee of Benjamin Larsen Trust Agreement Dated ,Larch-I Witness my hand and official seal. I's~^ ' `' Notary Public for Colorado C` r' ,i My Commission Expires: ~~., I IIIIIIIIIIIHIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III 908496 et:ae~ JPNICE K VOS CFUOILL PITKIN COUNTY 00 R 48.00 D 0.00 vrroa{WO'/83213 CGE) ~1 EXHIBIT A LEGAL DESCRIPTION The building envelope commonly known as the "Larsen Cabin Site," located in the easterly portion of a lazger tract of land of approximately ten acres in size, bearing the legal description of"Tract B,'the NE'/: ofthe SE'/. of Section l5, Township 10 South, Range 85 West of the Sixth P.M. Pitkin County, Colorado and the street addresses of 1965 and 1959 MaroonCreekRoad, Aspen, Colorado, more particularly described on the Pitkin County 1041 Hazard Review Site Plan, approved by the Board ofCounty Commissioners on June 12, 2002,recorded at theoffice ofthe Clazk and Recorder of Pitkin County in Plat Book 63 at page 23, Reception No: 47476. i~r~n~rirw~-°e~:.~ 32 MLC 04579 CONN7DENTIAL ~5 EXHIBIT A A tract of land situated in the NE1/4 SE1/4, Section 15, Township 10 South, Range 85 West of the 6th P.M. and more fully described as followsa Beginning at a point being N 36°34'45" E 612.24 feet from the Southeast corner of the NW1/4 SE1/4 of Section 15, Township l0 South, Range 85 West of the 6th P.M.; thence S 47°29' W 163.23 feet; thence S 38°35' E 223.54 feet to a fence in place; thence S 00°00' E 207.52 feet to the South line of the NES/4 SE1/4 of Section 15, Township 10 South, Range 85 Weat of the 6th P.M.; thence S 89°51'47" E 186.63 feet to the Northwesterly bank of Maroon Creek; thence Northeasterly along the Northweaterly bank of Maroon Creek; thence Easterly along the North bank of Maroon Creek; thence Northerly along the Westerly bank of Maroon Creek; thence S 73°03'25" W 332.78 feet; thence S 46°06'30" 144.93 feet; thence N 59°43' W 39.56 feet; thence S 53°26'30" W 402.67 feet; thence N 42°31' W 42.71 feet to the point of beginning. I IIIIII VIII IIIIII IIII VIII VIII IIIIII III VIII IIII IIII 08/!182 /2000 0 1 :46 JPNICE K VOS CRUDILL PITKIN COUNTY CO R 40.00 D 0.00 CONFIDENTIAL MLC 04582 ~~ 1959 MAROON CREEK ROAD LARSEN SITE PLAN FOR REPLACEMENT OF ANON-CONFORMING STRUCTURE PITKIN COUNTY ~ COLORADO SPID # 2735-154-00-009 ~~~ ~~~~~ 11~: ~~ A Ru / ~ \ ~ ~ ~ ~ `~~ ~ i ~ ~1\ ~ i ~~ ~ \ AA AAA ~ Ili:. l ~ ` " \ ~ ~ ~ I I A 'L I I ~~ /~/~ o.A~ ~ ~ I ~/o A~ I 1\\~ ~-~~ ~ ~ '// ~~~! (~ ~~ I A V\\ L ~ I J~ ~~/ 11,~i( ~ \vV~ v ~ ~'/~~( I 1 ~~~i ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~~r l III' I ~~ ~ \ I I i ~ ~ ~/ ~ ~ /// / ~/~ ~ ~ i t t ~~ - -B I . 1 ll'~ l/ll IXISTING PoNO /l / l l l l l / _ _ - ~ /~~ /I / AMM'»i .~ / / / / / ~~ /~// ~ lr~ ~ j 111 ~ ~ ~ i .%/ / ~~~I ~ ~/ ///~ ~ /, / ~ / ~/ / ~ / - / ~ ~' ~ ~ ~, ~ ~ „ / ~ ~~ ~ ~_-__~ ~q ~ ~ _ _ _ _ _ _ ~~~ ~~ ~ ~ ~ O N / ARE -,rr _~ / ~~( -_ lIr ~1 ~~ ~~ / / f ~' ~' Jf ~i ' Cf /'1 ,, 1• ~ ~ '~ ~ t ~ _i. .. IN PnRCEI r ^\. %2135-15LULL009 .F~ ,~ A // 111 -s~ = ~`~ _ iii i f ~ \ \ i ®(,%'~ ~ _ _..,: ~E ~ - PARCEL BOUNDARY EXISTING POND 'SPECIAL FLOOD HA2ARD ARUS INUNDATED DV 100-YEAR FL000 20NE A: NO BASE FLOOD ELEVATIONS DETERMINED' SOURCE: FEMA FL000INSURANCE RATE MAP FOR PfTKIN COUNTY COLORADO ANO INCORFORATEO AREAS PANEL 1D3 0F315 JUNE 0~19B1 WATER VALVE -EDGE OF WATER ELEVFTION- R00<.5' 1 I ACiMTY ENVELOPE EXISTING HUT TO BF REMOVED ToP oP BANK, rvP. I I ~ i \ ~ \ ~3~h ~ I J \ / i `_ VICINITY MAP LEGAL DESCRIPTION SECTION: IS TOWNSHIP: 10 RANGE: G3 UND IN NE45E4 OF SEC 1510-85 CONT ]O.DS AC MIL OESC BV M/B BK 323 PG 55]-SSR BK 650 PG J35 DISCLAIMER AxD occuvnucv THeaeoF. APPLICANT MARCELU URSEN ]959 MAROON CREEK ROAD ASPEN, CO 01611 E%IST THAT MIGHT AFFER THE PROPERTY, ANV IMPROVEMENTS APPLIUNT COMMUNITY DEVELOPMENT APPROVAL THIS ADMINISTRATIVE ACINffV ENJELOPE PUN HA$ BEEN REVIEWED ANO APPROVED BY THE DIRECTOR Of TXE DEPARTMENT OF COMMUNRV DEJELOPMENT ON TXIS _ DAV OF 1009. APPROVAL OF THIS PUN I$ SUBJECT TD NE TERMS 4ND CONDITIONS OF DETERMINATION NO. RECORDED AS BOOK AT PAGE _ IN TXE PIT10N COUNTY CLERK AND RECORDERS OFFlCE. DIRECroa ACCEPTANCE FOR RECORDING THIS PUT XA$ BEEN ACCEPTED FOR FlIING IN THE OFFlCE DF THE CLERK AND RECORDER OF PIMIN coulut v, mLOanoo DN THIS Dnv of 20091x PuT GooK _ aT PAGE _ As RECEPTION NO. CIERK AND RECORDER PRELIMINARY NOT FOR CONSTRUCTION u u E s 8 ~r s rV• L ~J +~ - ~m Q~ - u O E (0 1 ae me avvnrnLOa aaLa 1 lew. 00/CI/1009 Eak 00/13/2009 final STdI¢~ D' 10' zD © ~oHN 1of1 1% I~ 1959 MAROON CREEK ROAD ADMINISTRATIVE ACTIVITY ENVELOPE PLAN PITKIN COUNTY ~ COLORADO SPID # 2735-154-00-009 TC // ~// ~ ~TAT~~A \ ~ 'De ~ ~ / / ~ \°s~\\~ ~ i~//~/~ ~y ~ ell/vwvvv~~~ ~ I~~~ ~ ~ ~l / 1l ~ ~~~~ ~~i '~ - ~~ T ~~ - -- WATER VALVE /~jl/~~ ~ ~ 1 I I ~~ 1\ ~, I Ui ~~ /~/~ ~ I V l i i I ~-, ~/ ~/~ i ICI ~ ~ Imo' ~- I~~~~~ yyy~~~ EDGE OF WATER ELEVATION ROD0.5' l~l~ ~I I ~' ~'~ I ~ I / /// ~ /I / / I ~ I \ ~ BpL`0'I i _ I -_ gCIIVITV ENVELOPE // / II/// EXISTING PoND /l/II/I///~~ __ __ _ / / // j /~ C9 / I / / / ~ - 1 ~ EXISTING XIR TO BFRf#IOYED /~j~ / I ~~ ~ /4I/ / / I~ ~//~~\ I TOP OF BANK, TVP, / / ~~/~Oe/~ ~~~°RI~ 1 _.yyy ~'~'~ ~- ,~~~~~~ ~ ~~ l - - ~~ ~ A -_ - ~-- ----,- ~ I --- - M g R p N ~ i ~~ ~~ 0~ REEK i \ J ~ ' i VICINITY MAP I ` ~.~ `.4 ,; . u ~~ LEGAL DESCRIPTION SECTION: 15 TOWNSXIP: 10 RANGE: 85 LAND IN NKSEO OF 5EC IS-30-85 CONT IOA$ AC M/L DESC BV M/B BK 33z p6 SSJ-55R BN fi50 PG J35 DISCLAIMER ENVIRONMENTgL HAZARD ARE45 EXIST THAT MIGHT pFFECF THE PROPERTY, qNV IMPROVEMENTS qNp OCCOPANCV THEREOF. APPLICANT nARCELU uxsEN 1959 MAROON CREEK 0.0A0 ASPEN, CO 81611 APPLIGNT COMMUNITY DEVELOPMENT APPROVAL TXIS ApMINISTRATIVE ACTIVT' ENVELOPE PIAN Hp5 BEEN REVIEWED ANp APPROVEp BV TXE OI0.ECF00.0F TXE pEPARTMENT OF COMMUNITY DEVEIOPMEM ON TNIS_DAV OF J009. APPROVAL OF TXI$ PIgN IS SV9]ECI TO THE TERMS AND CONDITIONS OF DETERMINATION NO. RECORDED A5 OOOK _ qT ppGf IN THE PITKIN COVNIY CLERK qN0 RECORDf0.5 DFFIEE. - DIRECrpR ACCEPTANCE FOR RECORDING TH15 p1AT XAS BEEN gCCEPFED FOR FIIING IN TXf OFFICE OF THE CIERK ANp 0.ECORpER OF PITKIN COUNTV~ COLORADO ON TX15 _ pAY OF 2009 IN PIAi BOOK _ qT PAGE ~ p5 RECEPTION NO. , m C d a 0 e 3~ z V, U Q Q E 0 a C~ C IanO Yu OPPIbHan me. I Izwe as/oa/zpDi uak ~ 0' 10' 30' © north 1 of 1 ®mPYRPM ~~.. .. MARCELLA LAR5EN 1969 Maroon Creek Road Aspen, CO 81611 970.925.3082 marcellalarsennu mac.com May 25, 2009 BY HAND Lance Clarke Community Development, Pitkin County 130 Galena Street Aspen, CO 81611 Re: Application for Site Plan Review and Replacement of a Legal, Non- conforming Structure at 1959 Maroon Creek Road, Parcel # 273515400009 and Tax ID # R009807 Dear Lance: The applicants, Mazcella Larsen and Marcella Larsen, Trustee, 1991 Irrevocable Larsen Trust (collectively, "Applicant"), request site plan approval to replace and relocate an existing legal, non-conforming A-frame closer to an existing pond. The location of the property is depicted through the County GIS mapping in Attachment "A."~ The pazcel number is 273515400009, tax account number R009807. I am an attorney licensed to practice law in the State of Colorado (inactive' status), and I certify that title of the subject property is held by me, Marcella Larsen and also me as Trustee of the 1991 Irrevocable Larsen Trust. I am authorized and entitled to proceed with this development approval request. I. Summary of Request and Prior Approvals The County previously approved the relocation of the A-frame, to a different location than now proposed (2003), but County staff has determined that that approval is no longer valid; hence, the current application.Z ~ Note that the County GIS mapping, which is really extraordinary in every other respect, has the wrong address for this property. The cabin listed as "] 965" Maroon Creek Road is actually "1959" Mazoon Creek Road. z Please consider how pricey this application is for such a minor review. $1,596.00 for a fishing hut. I believe there should be a lower fee for really minor replacement applications. oou~o~~ a~~ Application for Site Plan Review and Replacement of a Legal, Non-Conforming Structure at 1959 Maroon Creek Road Page 2 Through the current application, Applicant is requesting permission to replace and relocate an A-frame (with an approximate footprint of 15 by 18 square feet) that has been used since the 1960's as a fishing but and, more recently, as a hangout for transients and high school students conducting illicit activities. The intent is to demolish the existing A-frame and build a new fishing but next to the existing ponds where it will be more visible to Applicant, and less likely to be used by trespassers. While the relocation would continue to be nonconforming to Code, it will be an improvement over the existing location where Applicant has the right to rebuild under current regulations. In 2007, Applicant obtained permission from Pitkin County to repair two existing ponds by draining the ponds, stabilizing their banks, and inserting a liner; a condition of approval was revegetation of the site. The Army Corps of Engineers issued a Nationwide <ieneral permit (NWP) number 3. In connection with the repair work on the ponds, existing vegetation was removed around the ponds to stabilize the banks and allow insertion of a liner. The landscaping plan for the ponds was approved by the County last summer. Applicant was unable to proceed with the landscaping last yeaz because the approval was obtained too late to allow planting before frost. II. Pre-Application Conference Criteria The following Code sections were identified in the pre-application conference, and they are addressed below: A. Sec. 2-30-20(8)2: Site Plan The requested site plan is attached as Attachment "B." Basically, the site plan shows that we plan to move the existing A-frame away from Mazoon Creek where it is located in a fairly vibrant and undisturbed riparian area to an already disturbed area farther away from the creek and the existing ripazian area. As part of the already approved landscaping plan to revegetate the ponds, Applicant will also be creating new ripazian habitat along the ponds. B. Sec. 7-20-10: Site Preparation and Grading Applicant will conform to the requirements of section 7-20-10, however it should be noted that Applicant is already required to revegetate the area by virtue of the prior approval allowing repair of the ponds. That revegetation/landscape plan has already been approved by the County. C. Sec. 7-20-20: Steep and Potentially Unstable S-opes There are no steep or potentially unstable slopes involved with this application. i~~UiiQ2 Application for Site Plan Review and Replacement of a Legal, Non-Conforming Structure at 1959 Maroon Creek Road Page 3 D. Sec. 7-20-30: Water Courses and Drainage Applicant will conform to the requirements of section 7-20-30. E. Sec. 7-20.40: Floodplain Hazards Applicant believes the A-frame is located within a mapped floodplain hazazd area, however the proposal is to move the structure farther away from the creek, so the situation would actually improve. F. Sec. 7-20.80: River and Stream Corridors and Wetlands The existing A-frame is within the proscribed setbacks from Maroon Creek. The current proposal would actually move the structure farther away from the creek and improve the current conditions. G. Sec. 7-20.120: Standards for Scenic View Protection Areas The existing A-frame can be seen (bazely) from Mazoon Creek Road. Moving it toward the existing pond should reduce its visibility from the public right-of--way. In any case, Applicant will adhere to all of the requirements of this section, to the extent applicable. H. Sec. 7-20-130: Landscaping and Vegetation Protection The County has already approved a landscape plan for the pond. Applicant commits to follow the additional requirements of this section, to the extent applicable. I. Sec. 9-50.20: Restoration ofNon-conforming Structure Without Significant Changes Applicant commits to adhere to the requirements of this section. Thank you for your consideration, and please let me know if you require any additional information. Sincerely, ~~~ ~,~ Mazcella Lazsen Enclosures: A. Site vicinity map (3 copies) B. Site plan (3 copies) C. Signed Fee Agreement (1 copy) D. Copy of Pre-App Form (1 copy) E. Check for Application Fee (1 check) ~ - N N U 0 U ~9~~ ~. l .- i '~ ! .. - - ~ ~~~~e;~3~. ~~'~ ria= ~~ ~ ~ ~ e s a^a v, ~._~i ' Z Z :.. ~ i ~ Z Z Y 6 ~ '~ ~ CC1 3 ~ 3 ii ~ 'J 8 3 N ~~ ~ , x y s g H ~~ro++,, C. x o n o ro c ~ ~ n ~ ~ y n y :± 8 r i ,~, A~rr C PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and Q~P;c~f4U.A ~ ~°`" (hereinafter "APPLICANT") AGREE AS FOLLOWS: n n, 1. n APPLICANT ha submitted to COUNTY an application for ~ ~~ K ~~° ""~d~~ -F \!z O. n.a,_A...a~ ,~ 1rC-!h _ (hereinafer, the "PROJECT"). 2. APPLICANT understands and agrees tha~vPWtl~'n County Ordinance No. 008-2008 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the 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 agee that fees charged for the processing of land 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 Boazd 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 consideration 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 $ which is based on _ 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 I ~- APPLICANT") Cindy Houben Community Development Director Print Name and Title (if applicable) Date: ~/ a'3 ~ &~1 Mailing Addres`~,s~,:-,, \~1b`~ 1`14~1AL~? _ ~• Q riTxrly COiTNTY PRE-APPLICATION CONFERENCE SUMMARY LOCATION: 1959 Maroon Creek Road OWNER: Marcella Larsen Chilson REPRESENTATIVE: Self PID# 2735-154-00-005 ZONING: AR-10 PHONE and EMAIL: 925-3082 marcella larsen(ct~msn.com DATE: August 15, 2008 PLANNER: Lance Clarke 920-5452 Type of Application: Site Plan Review, Replacement of Legal Non-Conforming Structure Description of Project/Development: The Applicant wishes to remove and reconstruct an existing "fishing hut" in a slightly different (less non -conforming) location with a structure of the same size. Land Use Code Sections to be addressed in letter of request (application): Sec. 2-30-20(g)2: Site Plan; Sec. 7-20-10: Site Preparation and Grading; Sec. 7-20-20: Steep and Potentially Unstable Slopes Sec. 7-20-30: Water Courses and Drainage; Sec. 7-20-40: Floodplain Hazards; Sec. 7-20-80: River and Stream Corridors and Wetlands; Sec. 7-20-120: Standazds for Scenic View Protection Areas; Sec. 7-20-130: Landscaping and vegetation Protection; Sec. 9-50-20: Restoration of Non-conforming Structure Without Significant Changes. Staff will refer the application to the following agencies: EH/NR (Warren), Zoning Review by: Community Development Director Public Hearing: NO, however, public notice is required. The Applicant shall post a public notice sign on the property at least 15 days prior to the date speciFed for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners with the return address of the Community Development Deparhnent (form of notice to be obtained from the Community Development Department). The names and addresses sha- be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public heazing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit commentsor objections to the Community Development Department. FEES: $1,596 make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $1,247 (non-refundable; based on 5 hours of staff time; if staff review time exceeds 6 hours, the Applicant will be charged for additional time above 5 hours at a rate of $249/hour) • EH/NR Referral fee: $270 • Public Notice Fee: $54 • Web technology Fee: $25 To apply, submit 3 co ies of the following information, unless noted otherwise: l . Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" Site Plan as designated in Section 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; 3. Proof of ownership of subject property; u.,r .. 4. Copies of previous land use approvals; 5. Parcel description, including Iegal description and vicinity map; 6. Total fee for review of the application; 7. Signed fee agreement (1 copy); 8. Consent from owner(s) to process application and authorizing the representative, if applicable (1 copy); 9. Copy of this preapp form (1 copy) NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION - ALL MAPS SHALL BE FOLDED. - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information ntay be required upon a complete review of the application. PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on September 8, 2009, the Pitkin County Community Development Director granted approval for the Approving the Larsen Benjamin Trust Site Plan Review, Replacement of Legal Non-Conforming Structure (Case PO50-09; Deter. #74-2009). The property is located at 1959 Mazoon Creek Road is legally described as land in the NE '/a SE '/< of Section 15, Township 10, Range 85 West of the 6`h P.M. The State Parcel Identification Number for the property is 2735-154-00-009. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weeklv, on September 20, 2009. PUBLIC NOTICE RE: Larsen Benjamin Trust Site Plan Review, Replacement of a Legal Non-Conforming Structure (Case PO50-09) NOTICE IS HEREBY GIVEN that an application has been submitted by Mazcella Larsen and the Lazsen Benjamin Trust, (433 Plaza Real, #339, Boca Raton, Fl 33432) requesting to remove and reconstruct an existing "fishing hut" in a slightly different location with a structure of the same size. The property is located at 1959 Maroon Creek Road is legally described as land in the NE '/a SE '/< of Section 15, Township 10, Range 85 West of the 6`h P.M. The State Parcel Identification Number for the property is 2735- 154-00-009. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 8161 I. For further information, contact Mike Kraemer at (970) 920-5482. Published in the Aspen Times Weekly on July 5, 2009. Attention Adjacent Property Owners A property owner receiving this public notice shall provide comments or objections to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, By August 5, 2009. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-100 I, ~,MIGZU..Pr ~..hQ-5~ ,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 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by certified, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owners of property adjacent to the subject property, as indicated on the attached list, on ~4~ __-__ , 2009 (which is 15 days prior to the deadline of _ , 2009). The names d addresses of the adjacent property owners shall be those on the ent tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the ~ ~-_, 2009, which is at least fifteen (15) days prior to the public comment deadline. photograph of the posted sign is attached hereto. •: -~ ~~~ .=~¢ this day of , ~1~RILGtia-a- `.Jrt1.6Cr1 _ ~~ /`~ Applicant's name Signa ure PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 June 8, 2009 Mazcella Larsen 1969 Maroon Creek Road Aspen, CO 81612 Marcella lazsen msn.com Re: Lazsen Benjamin Trust Site Plan Review, Replacement of Legal Non- conforming Structure (PID#2735-154-00-009; Case# PO50-09) Dear Ms. Lazsen: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please send 11x17 copies of the large maps in the application. 1. Please note that it is your responsibility to mail notice by certiSed U.S. Mail to all adjacent property owners with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by (15 days out) June 21, 2009. 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 mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice shall provide comments or objections to the Community Development by (30 days out) 2151 day of July, 2009. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public heazing before the Boazd of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 6th day of July, 2009, which is at least fifteen (15) days prior to the (30 day out) July 21, 2009. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. o-~ z Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2-20-100 Z PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Pitkin County Zoning FROM: Mike Kraemer, Community Development Department Re: Larsen Benjamin trust Site Plan Review, Replacement of Legal Non- conforming Structure (PID 2735-154-00-009; Case PO50-09) DATE: Juue 8, 2009 Attached for yoar review and comments are materials for an application submitted by Larsen Benjamin Trust. The Pitkin County Community Development Director will review the application. Please return your comments to me by Tuesday, July 21, 2009. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. ON OCTOBER 1sT, 2009 PITKIN COUNTY INTENDS TO GO PAPERLESS WITH ALL FUTURE LAND USE REFERRALS. WE WILL BE SENDING OUT LETTERS TO OBTAIN UP TO DATE CONTACT INFORMATION. PLEASE CHECK OUT THE LINK BELOW FOR THIS LAND USE CASE REFERRAL. http://www.aspenpitkin.com/pdfs/depts/7/PO50 09 aop.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie.waechterna,co.pitkin.co.us or 920-5109. Thank you. Michael Kraemer From: Joanna Schaffner Sent: Monday, July 20, 2009 4:22 PM To: Michael Kraemer Subject: Larsen Benjamin Trust I have reviewed this application for Site plan review and replacement of legal non-conforming structure and offer the following comments. 1. The structure to be replaced should be measured (height, width, length) and it's use documented so that a permit can be issued for a new structure. 2. The structure should be relocated outside of the 100 foot Maroon Creek Road setback or must obtain a variance from the Board of Adjustment. PITKIN ~UNTY COMMUNITY DEVEL~IVIENT Permit Receipt RECEIPT NUMBER 00027722 Name: MARCELLA LARSEN Date:5/26/2009 Project Address: 1959 MAROON CREEK RD Type: check # 1059 Permit Number Fee Description Amount 0050.2009.PLAN PP- Flat Fee 0050.2009.PLAN PP- Clerk Tech Fee 1,247.00 0050.2009.PLAN PP- Public Notice Fee 25.00 0050.2009.PLAN PP- EH&NR Referral Fee 54.00 270 00 Total: 1, 596, 00