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pitkin.planning.273717306001 (1997)
DOCUlVILN'~' LAYOUT " '' THIS FILE MAY OR MAY NOT CONTAIN ALL Off' TH'E INFORMA'1'ION LISTED BELOW IN THE FOLLOWING O~ZDEIt 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 (11x17) - , ,, r ~- ~er 1-l Caucn ^ Aimort Manae ~_ 12/7/2017 Pitkin County Mail - New Address Assigned: Stillwater Dr (East of Aspen) coirrig ]IN OU1YT19 Bonnie Shiles<bonnie.shiles@pitkincounty.com> New Address Assigned: Stillwater Dr (East of Aspen) 1 message Alex Durant <alex.durant@pitkincounty.com> Tue, Dec 5, 2017 at 1:35 PM To: adele.l.lujan@usps.gov, Elections@pitkincounty.com, Parker Lathrop <parker.lathrop@aspenfire.com>, Brian Pawl <Brian.Pawl@pitkincounty.com>, Brian Pettet<Brian.Pettet@pitkincounty.com>, Brooke Stott <bstott@basaltfire.org>, director@pitkin911.org, Cory Garske <Cory.Garske@cityofaspen.com>, Dawn Sager <dawn_sager@cable.comcast.com>, Debby Payne <Debby.Payne@pitkincounty.com>, Bill Gavette <gavette@carbondalefire.org>, Ginny Bultman <Ginny.Bultman@pitkin911.org>, APCCC email <dispatch@pitkin911.org>, Janice Vos <Janice.Vos@pitkincounty.com>, Jim Wilson <jim.wilson@basalt.net>, Joanna Schaffner <Joanna.Schaffner@pitkincounty.com>, Kathy Rogo <Kathy.Rogo@cityofaspen.com>, karen.k.heier@usps.gov, Kurt Dahl <Kurt.Dahl@pitkincounty.com>, Lea Vasten - Meredith PO <Leatrice.E.Vasten@usps.gov>, Lee Ledesma <Lee.Ledesma@cityofaspen.com>, Linda Manning <Linda.Manning@cityofaspen.com>, Mary Lackner<Mary.Lackner@pitkincounty.com>, Omaha.AMC@centurylink.com, Ray Gendron <Ray.Gendron@pitkincounty.com>, Scott Thompson <sthompson@basaltfire.org>, Sheila Babbie <Sheila.Babbie@cityofaspen.com>, USPS Carbondale <carrie.katsis@usps.gov>, USPS Old Snowmass <Debra.K.Reams@usps.gov>, Fran Soroka <Fran.Soroka@pitkincounty.com>, Gary Tennenbaum <Gary.Tennenbaum@pitkincounty.com>, Reza.E.Tehrani@usps.gov, Scott Mattice <Scott.Mattice@pitkincounty.com>, Jeremy Duncan<jeremy.duncan@pitkincounty.com>, Tyler Lambuth<tyler.lambuth@pitkincounty.com>, Kristi Long <kristi.long@pitkincounty.com>, Jan Patterson <jan.patterson@pitkincounty.com>, Claude Salter <claude.salter@cityofaspen.com>, Alex Burchetta - PCSO<alex.burchetta@pitkinsheriff.com>, Schuyler Clay <schuyler.clay@pitkincounty.com>, arlene.a.vickrey@usps.com, Erlinda.J.martinez@usps.gov, "Holy Cross Energy (customercare@holycross.com)" <Customercare@holycross.com>, "Aragon, Kristin" <Kristin.Aragon@blackhillscorp.com>, Larisa LaLonde <larisa.lalonde@pitkincounty.com>, MapQuest Support <Help@mapquest.com>, Bonnie Shiles <bonnie.shiles@pitkincounty.com> Date: 12/5/2017 Effective Date: 12/5/2017 New Assigned Address: 4.19 S'TKIN"U rV qr ADDRESS NOTIFICATION 19 Stillwater Dr Aspen, CO 81611 Former Address: 42474 Hwy 82 (Still Active) Reason for Assignment- Redevelopment of a Single Family Residence Parcel ID: 273717306001 Lat/Lon: 39.181038 N, -106.802491 W Property Owner Name: ASPEN WATERFALL LLC Note: Address is being assigned for a new residence on the above parcel. This structure will be replacing an existing structure currently addressed from Hwy 82. This update should https://mail.google.com/mail/u/0/?ui=2&ik=661115d810&jsver=vPUi2w7Prus.en.&view=pt&search=inbox&th=1602865107cd7e22&siml=1602865107cd... 1/2 12/7/2017 Pitkin County Mail - New Address Assigned: Stillwater Dr (East of Aspen) occur now, but please note that the existing structure will continue to use 42474 Hwy 82 as an address until it is demolished. Once that occurs, the Hwy 82 address will be retired without any additional notification. Please contact for any questions or Further Clarification. Thank You, Alex Durant 01JK I N Alex Durant /CavNx� Public Safety GIS Analyst, Pitkin County Government c .C�--) Phone: 970.429.6113 GEOGRAPHIC IH EORmnic" SYSTEM Email: alex.durant@pitkincounty.com Address: 123 Emma Road *1o6, Basalt, CO 81621 We have moved our office from Aspen. Please set up an appointment before visiting since I normally work offsite during business hours. 2017 - 29, map.pdf 459K https://mail.google.com/mail/u/0/?ui=2&ik=661115d810&jsver=vPUi2w7Prus.en.&view=pt&search=inbox&th=1602865107cd7e22&siml=1602865107cd... 2/2 �f'fOUNT� Address Assignment Legend0A Cresses Parcel Boundary Date: 12/5/2017 N Driveway • Road Centerline 1:2,500 DATE RECEIVED: DATE COMPLETE: PARCEL ID # "L"/3"/-1'/3-U6-UUl ^ CO State Por PROJECT NAME: Friesenhahn Scenic Overlay Review 5 L """`~~`~''"-'" ` -' "t'n'~ ~'~~`~" Project Address: 42474 highway 82, corner of Hwy 82 & Stillwater Dr. APPLICANT: Veznon Friesenhahn tf SN~Ce~ y/G ~ ~ d3 "3~~^'"~~'" d~C~ Address/Phone: ~. 5cui~19D 7'k ~p$-z~`~t'~`ln~'~ REPRESENTATIVE: Duane E. Hilburn ~""'~"'~°"~'~; ~~~ _,,....,a., _,~-.. Address/Phone: 331`Donaldson San Antonio, Tz 78201 (2I014=~'90~~~~~~'~ RESPONSIBLE PARTY: Applicant Other Name/Address: FEES DUE ' ' FEES IfE~~N PLANNING ' "" $1080 'PLANNING ' "` ENGINEER $0 ENGINEER "° $ HOUSING $0 HOUSING ° `$ ENV HEALTH $0 ENV HEALTH $ CLERK $0 CLERK TOTAL $10'80. TOTALRCVD° ' $108b. REFERRALS: ~ County Attorney ^ County Engineer ,~ Zoning Housing ^ Environmental Health ^ Sheriff ^ Land Management ^ Risk Manager ^ Airport Manager ^ Floodplain Administrator ^ Open Space Boazd DATE REFERRED: ,~' APPS RECDTVED `„ l2"" ' # PLATS RECEIVED 12 GIS"DISK RECEIVED: ' TYPE OF APPLICATIOI~I Staff Appi'ova] Q CO Div of'VV'ater~Zesources ^'US Forest Service -Aspen US Forest Service`= Sopris CDOT.. . . .. .: ~ B'LM Caucus: Homeowners' Association- ^ Wildlife Dfficer ~"' i~Y ~x*- } Fire Fire ~~: ,..,,- i- ~ ,6- idale 1~ire ~;~» ,~,;~Y,,..x.,... .., {~ .. ......,., P&Z Air Board _ Rocky Mtn Natural Gas Holy Cross Electric ,Aspen Sehool Distnc Other: 7'c~ !'~9~'^ INITIALS'; ~~ DATE D7E: 9 ~,_. <. .. ..m~ n.r awm.=.n:C iGV SJ.`d `.5~ ;OVAL: Resoluton/Ordirianoe # Date: '~i"} Staff/Hearing Officer Approval Date: Plat/Site Plan Recorded ' ~ `~`'' " Book ,Page ROUTE TO: ... ~.. i ~ri~ia rriii mire ~i~ro iirir iii ir~~rre iie rs~~ ~oio ir~i ~ 4'0S9S9 07%0~/t99'! 11 y39i1~RES0LUT3 bpViS SILVI 1 of 3 R 0:00' D 0 0f~ V5 "i~; ~ "P~TK~NCt3. C01:ORii~ ' ~. w _ ,.. RESOLUTION OF THE BOARD OF COUNTY CONIMISSIONERS OF PPfKiN COirN'TY, .,,. 1 :. COLORADO, GRANTING APPROVAL OF THE FRIESENHAHN SCENIC OVERLAY REVIEW, SPECIAL REVIEW FOR A CARETAKER UNIT, AND EXPANSION OF A NON .• ,wd a ~n"rc= wx'~E z ~AV . ~ z, va .'~AV~y J, ~o- { CONFORIVIING STRUCTURE, Resolution No. 97 j~ 1. Vernon Friesenhahn, hereafter"Applicant', has applied to the Boazd of County Commissioners of _ , ;.._ E .,..~..~_ '. Y •._ Pitkin County, Colorado, hereinafter "Boazd", for approval to remodel an existing non-conforming residence which is located within the Scenic Overlay area. The Applicant is also requesting Special Review approval to legalize an existing "bahdit unit" as a caretaker dwelling unit. pp ed R-I S and contains r 2. The A lic'ent's lot is zon' ~ ~ 6~6 acres. .,,. ....... r:. .~,, ~. ~ , ,„. ~ . _. The property is located at 42474 Highway 82, and is described as Lot. 6, Block 4, ICnollwood Subdivision. 4. The Board considered the, Applicant's. request at a duly noticed public hearing on June 25, 1997, at which time evidence and testimony was presented with respect to the application. The Boazd finds that the, application generally complies with the applicable sections of the Land Use Code. NOW, THERE'T'ORE, BE I2" RESOLVED by the Board that it does hereby approve the Friesenhahn Scenic Overlay, Special Review to legalize a "bandit unit" as a,cazetaker dwelling unit, and Expansion to aNon-Conforming Structure, subject to the following conditions: The Applicant shall utilize native stone on the facades which are vasible from the highway, earrh- blended colors in the exterior finish on the other portions of the residence and non-reflective roof ... :..u ....nom rv• -{ ~ materials _ .~ . ~ <,. 2. The height of the proposed entryway shall be reduced toaessen its,impact eliminating the metal roof or by reducing a portion of the stone facade above the entryway. The revised design shall be approved by Community Development staff prior to submission of a bui]ding permit for this portion of the remodel. ~_. _.- .. ~.:., ~. on, .F ~ ~ .. ~ , v,a ,~ ~.,,.<~..r.a„ ~. ~.c.:,,,., , - a ., ad , b ....,. m - v, _, ... ~' s. - .. ° f ` Resolution No. 97- ~~ ~ I~'~II "~~I !'~~~I ~'~I I~~~~ III ~'/L,~I II~ ~'I~' (I'I (~'I _ . .- ' Paget 2 of 3 R 0.00 b 0.00 N x.00 pI71(YNCO COIORpDO 3. Prior to issuance of a building permit for the facade remodel, the Applicant shall: Obtain a Revocable. Right-of--Way permit from the County for the landscaping within the highway and county road rights-of--way; and Enter into an easemeht agreement with the County to allow landscaping on the adjacent propertyowned by the County (Lot 1, Stillwater Ranch), which will address the following issues: any planting on the County's parcel is performed strictly at the risk of the property owner; the owner shad maintain the landscaping on the County pazcel; and the County does not guazantee that the landscaping will notbe removed in the future. 4. Exterior lighting shall be limited to that necessary to comply with health and safety requirements of the Uniform Building Code. No landscape lighting shall be used along the highway frontage. Any permitted exterior lighting shall be down-lighting and shall conform to the lighting standards contained in the Ptkin County Land Use Code (Section 3-110). 5. The applicant shall provide documentation at building permit submittal verifying the. floor area of the existing structure and the remodeled structure. The floor area of the remodelled structure shall not exceed the existing floor area. 6. The caretaker dwelling unit shall be limited to approximately 550 net livable square feet. ,, . 7. Prior to issuance of a building permit to remodel the "bandit unit", the applicant shall submit and the Mousing office shall iecord a caretaker dwelling unit deed restriction. 8. Housing and Community Development staff shall inspect the caretaker dwelling unit prior to issuance of a Certificate of Occupancy. 9. Approval from the Board of Adjustment is required for all of the proposed improvements within the required 100 foot setback from the highway, prior to submissiyn of building permits. 10. All material representations made by the Applicant in the application and public meetings shall be adhered to and considered conditions, of approval, unless amended by other conditions. APPROVED AND ADOPTED ON THE 25th DAY OF JUNE,1997. NOTICE OF PUBLIC HEARING PUBLISHED IN ~ W~~~ B ASPEN TIMES ON - TH DAY OF rn~ , 1997. PUBLISHED AFTER ADOPTION IN THE WEF - T' ONTHE~-0~~- DAY OF _ 1997. ATTEST: ~e e Jones, Deputy Clerk and Recorder :BOARD OF COUNTY COMMISSIONERS OF PITICIN COUNTY, ORADO By ' ill Tuite~} airman Date ''' G~ !-` Page 3 APPROVED AS TO FORM: , -, ~` John Ely, County Atto Case No. P31-97 PazcelID #2737-173-06-001 APPROVED AS TO CONTENTc Cindy Houben, Community Development Director i iiiii~ ~iiii r~iia ~~n~ iifi 0iie isrirre sii girt a~ii ~rii 406959 27/03/1997 11:39~i RE5QLUTI,DAV25 5TLVT 3 of 3 R 9:20° ~' 0: ~N`0, 00' 7+"rTl'(lNC.``dLOffkfGb , __ .-----~---~--ate: ~.; ._. _ , _ . _ ;... .~ ,..,,m ,- ,...w..m ., .. .e....:.. vu :,.. ... .. t...:. .. 1 Y:,. f y.: r Y . ~. ~ tt. .. . f . ..f _ ~' i RFC)<T'ALS . , ..~ Pursuant to Section 3-X00.80 of the LandTJse Code, Vemon~F`riesenbahn~ kiereafter~"Applicant' ; has applied to the Community Development Director of Pitkin County, Colorado, hereafter'°Director", to amend a condition. of Boazd of County Commissioners Resolution No. 97-t23, which limits the size of the approved cazetaker dwelling unit toapproximately SSII net livable square feet. 2. The Applicant's lot is zoned R-15 and contains 0.636 acres. 3. The property is located at 42474 Highway 82, and is described as Lot 6, Block 4, Knollwood Subdivision. 4. Due to a miscommunications between the applicant and staff, staff represented that the caretaker ,. dwelling unit would contain less Phan SSQ net livable square feet, however, the applicant's intent was to' _. ~ , L. reduce the size of the existing unit to comply with the regulation which allow~'s a'bareta~er unit`to contain up to 700 net livable squaze feet. 5. The actualsquaze footage of the remodelled unit willbe approximately 670 squaze feet 6. The Director finds the re uest is consistent with th, g pp the requirements q eon final a royal and meets-, of the Land Use Code. THE DIRECTOR DOES TiEl2EBY AMENTy`Condition No. 6 of $oard Resolution No 97-123 to read: "The caretaker dwelling unit shall be limited to appioximately'700 netlivable square feet." All ~ other conditions of Resolution No. 97-123 shall remain in full force and effect. ' APPROVED by the Director, this ~ day of 1997. ~!! i F l ~..4"qJ Cindy Houben, Community Development Director Y I'f ±C! N R~'JE ~ ~[~h~~N7 OCCUPANCYDEED RESTRICTIONAND AGREEMENT FOR A CARETAKER DWELLING UNIT APPROVED PURSUANT `TO SECTION 3-I SO.130 OF THE PITKIN. COUNTY LAND USE; CODE_ THIS AGREEMENT is made and entered into this _ day of July, 1997, by Vernon C. Friesenhahn and Kathleen D. Friesenhahn (hereinafter referred to collectively as "Owner"),whose address is'42474 Highway 82, located in the County of Pitkin, and the Aspen/Pitkin County Housing Authority, a multi: jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOV 605 and Page 751 of the records of the Pitkin referred to as "Authority"). ;N'I'AL AGREEMEI~IT recorded in Book Clerk and Recorder's Office (hereinafter WITNES SEfiH WHEREAS, Owner owns real: property more specifically described. as Lot 6, Block 4, Knollwood Subdivision, County of Pitkin, State of Colorado, more commonly known as 42474 Highway 82, by reason of that certain deed recorded at Reception No. 402542 in the records of the Pitkin County Clerk and Recorder, (hereinafter referred to as "Real Property"), which Real Property contains asemi-detached living area of approximately 690(?) net liveable square feet and which contains one bedroom (the "Caretaker Unit"). The Caretaker Unit was approved as a caretaker unit as defined by the Pitkin County Land Use Code by the Board of County Commissioners pursuant to Resolution 97-123. For purposes of this Agreement, the .Caretaker Unit, the Reai Property, and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property"; and WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the use and occupancy of the Caretaker Unit to employees and their families who are employed in Pitkin County and meet the qualification guidelines established and indexed by the Authority on an annual basis or to members of the immediate family of the Owner. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein. the Owner hereby covenants and agrees as follows: 1. Owner hereby covenants that the Caretaker Unit described above shall not be condominiumized. The Caretaker Unit shall be improved and maintained as a separate dwelling unit so as to be capable of being occupied separately from the principal residence. 2. The use and occupancy of the Caretaker Unit shall henceforth be limited to occupancy by no more than two (2) adults and related children, who are employed in Pitkin County and who meet the definition of "employee" as that term is defined by the qualification guidelines established and indexed by the Authority on an annual basis, or members of the immediate family of the Owner. "Immediate family" shall mean a person related by blood or marriage which is a first cousin (or closer relative) and his or her children. Owner shall have the right to lease the Caretaker Unit to a "qualified employee" of his own selection.. Such individual may be an employee of the Owner, provided such person(s) fulfills tfie requirements of a qualified employee. 3. Owner shall not be required to rent the Caretaker Unit; however, when rented, written verification of employment ofcmployee(s) propose3 to reside in the Caretaker Unit shall, be completed and filed with the Authority by the Owner prior to occupancy thereof, and such verification must be acceptable to the Authority. - 4. Lease agreements executed for occupancy. of the Caretaker Unit shall provide for a .. rental tectn of not less than six (6) consecutive months. A signed and executed copy of the lease shall be provided to the Authority by the Owner within ten (10) days of approval of the employee(s) for the Caretaker Unit. 5. This Agreement maybe removed by the Ownerwith the approval of the Planning Director of Pitkin County; subject to the requirement that the Caretaker Unit is removed or modified., If modified; the remaining improvements must no longer be capable of occupancy as a "Dwelling Unit" as defined in the Pitkin County Land Use Code and must meet otherwise applicable code requirements. 6. Unless modified as stated above, this Agreement shall, constitute covenants running with the Real Propeity as a burden thereon for the benefit of, and shall be specifically enforceable by, the Authority, the Board of County Commissioners of the County of Pifkin; Colorado, and their respective successors, as applicable, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non-qualified tenants. IN WITh?ESS HEREOF; the parties hereto have executed thi's instrument on this day and year above first written: OWNERS: Vernon C. Friesenhahn Kathleen D. Friesenhahn Mailing Address: 424'74 Highway 82, Aspen, Colorado 81b11 STATE OF TEXAS } } ss. COUNTI' OF } The foregoing instrument was acknowledged before me this day of July, 1997 by V"ernori' C. Fnesenhahn and Kathleeii~ Friesenhahn. WITNESS. MY hand and official seal. My Commission expires: Notary Public ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement-and its terms are accepted by the A9pen/Pltldn County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY By: Elizabeth I{rizmanich, Chairman Mailing Address: Executive Director Aspen/Pitltin County Housing Authority 530 East Main Street, Lower Level Aspen, CO 81611. STATE OF COLORADO } } ss. COUNTY OF PITKIN } The foregoing instrument was acknowledged before me this .day of July, 1997 by WITNESS MY hand and official seal. My Commission expires: Notary Public ... LICENSE THIS LICENSE is made this -day of July, 1997, by and between the Board of County Commissioners for Pitkin County, Colorado (herein called "Licensor"); and Vernon C. Friesenhahn and Kathleen D. Friesenhahn, (referred to herein collectively as "Licensee") whose address is 424'74 Highway 82, Aspen Colorado, for the purposes herein expressed. Recitals A Licensor granted Licensee certain land use,approvats in Resolution No. 97-123 (the "Resolution"), including the right to install and maintain landscaping on real property owned by Licensor which is adjacent to real property owned by Licensee, subject fo the conditions described herein. NOW, TZgEREFORE, in consideration of the mutual promises and obligations contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Description of property and term. Licensor grants to Licensee a revocable license to any portion of real property described below which is owned by ~ioensor, located in the County of Pitkin, State of Colorado, and more particularly described as follows:. That portion of Lot 1, Stillwater Ranch Subdivision (as described in the Final Plat for the Stillwater Ranch Subdivision, recorded in Plat Book 35, Page 86 of the e'eal property records of Pitkin County, Colorado) which is located to the north or northeast' of the Roaring Fork River (the "Pioperty"). ' 2. Term. Unless earlier revoked as provided herein, this License shall continue in full force and effect for a period of twenty (20) years from the date of tliis ~,cense. Unless notice to the contrary is provided by one party to the other wi4hin ninety (90} days of the terminatian date, this License shall automatically renew for an'' additional twenty (20) year term. 3.. Permitted Uses. Licensee may enter upon and make use of the Property for landscaping as follows: ` (a) Grading, including the creation of berms, landforms, placement (and replacement) of topsoil. (b) Planting, maintenance and removal of trees, shrubs, ground cover, annual or perennial and other types of bedding plants, vegetables, or vines. (c) The installation, maintenance or removal of any irrigation system. (d) The installation, maintenance or removal of any lighting system otherwise approved or allowable without specific approval under the I'itkin County Land Use Code. ~.,. ---~.- - -7T-----,------ (e) The creation. or maintenance of any wall, whether retaining or free standing; (fl y p r feature otherwise approved or allowable awithout spec fi pproval underahe Ptkren County Land Use Code. 4. Compliance With Applicable Law. In its,use of the Property, Licensee shall comply with all applicable federal; state, county, and municipal statutes, rules, regulations, and ordinances, and shall §ecure from the proper authorities all required licenses and permits before commencing construction of any landscaping 5. Repair and maintenance; of Property and improvements: Licensee shall, at all times during the term of this License, keep all improvements placed by Licensee on the Property in good repair, and shall. maintain them.at,all times in a cleapt and orderly condition. 6. Insaranc~ Licensee shall obtain, and keep in full force and effect at all times during the team of this License, a policy of public liability insurance, with an insurer satisfactory to Licensor, for the protection of Licensor and Licensee against liability arising out of the condition of the Property and the improvements erected thereon. The liability amount's of said policy shall be Fifty Thousand` Dollars ($50,000) for each,, occurrence. 7. Ownership of improvements. All improvements erected by Licensee on the Property shall remain the property of Licensee; and shall be removed by it at the termination. of this License, or any renewal thereof, within a period of ninety (90) days from the date. of the termination. If not removed within the specified time, Licensor shall, at its option, have the right to remove and.dispose of the improvements as he sees fit, without any accounting to Licensee. 9. Termination.. ._ (a) Bye Licensor. Licensor may, at its option, with or without cause, terminate this License by giving Licensee ninety (90) days' notice in writing. If Licensee breaches any covenant or condition of this License, Licensor may; in addition to any other remedy that he mayhave, declare a.forfeiture of this License for such default, reenter the Property, and remove all improvemen#s therefrom, without any accounting to Licensee. (b) B,y Licensee. During the term. of this License, Licensee may terminate this License by giving Wntten notice thereof to Licensor. 11. Option to Renew. Licensor grants Licensee an option to renew this License for a period of twenty (20) years after expiration of any term of this ~,icenSe, the otfier terms, covenants, and conditions of the renewal License to be the same as those herein. To exercise such option, Licensee shall give Licensor written notice of its intention to renew .. ---T k- ., . , .,... ~.... .~ , .o..,.aaA , ,. at least three (3) months before expiration of this License. IN'WITNESS WHEREOF, the parties have executed this License the day and year first above written. PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS BY Chairman Vernon C. Friesenhahn STATE OF COLORADO } } ss. COUNTY OF PITKIN } Kathleen D. Friesenhahri The foregoing instrument was acknowledged before me this day of July, by as Chairman of'ttie Pitkan Colin Board of Co ` ty linty Commissioners. [seal] My commission expires: STATE OF TEXAS } } ss. COUNTY OF } Notary Public The foregoing instrument was acknowledged before me this _ day of July, by Vernon C. Friesenhahn and Kathleen D. Friesenhahn. " [seal] My commission expires: c Notary Public --- - .~;__,,...=,..max., _ ~ ~-.,«r ' i , ~~. ~ ~'; `. ... .:... ::... ..' .A.. ~. i.~ f ~, ... .,Mtl .. .T.UL 25 ' 97 11 ~ 32pM PI'11CIN PUB WORKS. P.1 REVOCABLE ROW_PERM2T ..:. Pazzni.t ee^ee is $165. Paid $ Permit # 1 Pitkin County Public V4 PLeASE READ ATTACHED, INSTRUCTICI~S BEe^ORE COMPLETION rks 76 Service Center Road Aspen, Colorado 8161 (970) 420-5390 fax: ('970) 920.5374 THIS PERMIT MUST ,BE KEPT ON PSITE AT .,,ALL, TIMES_ Type of work: Fence Wa11 Landscaping ~ Other Property Owner Vernon C. Friesenhahn and Kathleen D. Friesenhahn/Pitkin County applicant Name Vernon C. Friesenhahn end Kathleen D, Freserhahn Address 42474 Highway 82 ~ Aspen, Colorado Int 6, Block 4, Knoll~x>od" Legal Description o= Property to be Served: Subdivision, and that portion of Lot. 1, 5ti11water Ranch division located to the north or northeast of"the Roaring Fork River. Proaezty is a: Corner Lot ~ Izsue Lot ~ Does the structure(s) currently exist? No Preposzd date £or beginning construction: 8/1/97 attached plzns showing the proposed structuresO, encroachnen cnto public right-oi=way, property line(s'), sidewalks, curbs, i.rtakes, hydrants, meters, manholes, irrigation ditches or structures, existing fences, or any othar asfected appurtenah:e is the project area (to.scale and dimension) and sections, as weZ1 as evaluations (if AppYicable). In consideration o° the issuance o£ a revocable ~e=-iit fcr t= _..,, .,.u.,,. s`°ucture(s1 aboJe indiczted, applicanE agreed as cllews:' 1. That the structure(s) h°ren are authorizad on a r woc=_b'_e Hermit basis and are restricted exclusiJely to the '--•^- _ ,. described. 2. That 'the permit is imit23 sped-ically to the tyke o= structure(s) d~scri;Jed cr, thz appl'ication'. 134 /.y~ PWNTfp CN t`Ay/f P('~,1'CL~OP~°EA . ti ,,.,. JUL 25 '97 11 ~ 32RM PITKIN PUB WORKS ..~:: ~ P 2 ' :' .~~lio' ,, ..,s ... ... 3. That the applicant shall notify the County twenty-four, (24) ., hours in advance of °the start of` construction, in. order that - P Y Y Y 4 representative ion ma be made b the Court En ireer oz hits ~?. The applicant agrees to indemnify and hold harnless the County of Pitkin, Colorado, officers, employees and agents from and against all Liability, claims and demands', on account of injury; or loss or damage, including without limitation claims arising ~rcm bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other' loss of any kind whatsoever, which arise from or are in' any manneY carnected with the applicant's activities pursuant to this permit i° such ::jury, loss, or damage is caused"in while or in part by the orLOther sfaunt orrar~l cants its acontrac~ mistake, negligence / PP r nor or sub-contractor, The applicant alsc agrees to investigate; handle, respond to, and to provide defense from and defend against any such liability, claims, or demands at its °soie expense. The applicant also agrees to bear all other expens'es' relating hereto, including court costs and attor:ey's `ees, whether of not any such liability, 'claims or demands alleged are ground.ess, false or fraudulent. The applicant agrees to procure and ma.^.tan at its own cost, a policy or policies of insurance sufficient to ensure. against ail liability claims, demands or other obligations assumed by the applicant pursuant fo this Paragraph"4. The County will. c'eter!mir_e the sufficiency of said ±nsurance cetrerage pxior tc ~cproval of this permit. The ,applicant further agrees to release Pitkin County, its officers, agents and employees from any'and all liability, claims, demands, or actions oz causes of actions whatsoever arising from any damage, loss or injury to the. applicant or the` applicant's property, roads, roadsides, road easements, or right-of way. 5. That the permit„may be revoked whenever, it is deter*nined that tri use 'tructure constitutes a nuisance, destroys or impairs the e of the .right-of-way by the' pii'nlic, 'Constitutes a traffic hazard, or property upon which the. encreachment, obstruction, o= structure exists is required for anCth~~r or added use by the public; or it may be revoked at any time for any reason deemed s~,fficient by Eakin County. 6. T~auctur~ withlnaten w(10) calendar adaysts sole expense, the s r - - o,. receiving written 7 accomplishadeby the appl ant within the time period especified in Paragraph b, Fitkist County is hmr®by auCt;orizad ta -~~tova same and has the right'to"charge and receive payment of any"end 135 i'. i... i ~. ..:. ~.' #_ .. .... "lo Ike _ A... i '1.i..". 1 : :.. ~~'.: 9 . a ~ e Ir !~~~ _ ..._ JUL 25 '97 11'~33AM PITKIN PUH WORKS P'3 all work, materials and equipment time utilized to remo~re szme., Y° applicant -eEuses to pay these costs,'Pitkh county has the ' property and collect allhcostsmofer?mo al inmthe„ samenmdn2ler',_as general saxes are collected. 8. That the applicant agrees to perform any maintenance, including landscape maintenance to the structure(sj end its =_ssoci;ated <,mpacts on the right-of-way. 9. :hat the applicant has read and ,zderstands a.l of the' terns znd conditions set forth in this applicatoh. i0. Special Conditions: Nothing shall be done on any part of the County's .property which may limit the sight distance available to bicyclists using the shoulder of Stillwater Drive. Signature 'oP Propperty Owrier Vernon C. Friesenhahn (if joint ovine=shipp, both.signatu_es) Kathleen D. Friesenhahn Approval: Chie.,Zoning Official County Engineer " Date Date Date „. bate Director of Public 'v7orks Date 'rT3IS PERMIT' MUST BE FtEPT ON SITE AT .ALL TIMES._,. Pitkin County Board of County C~issioners BY: finnan _ __ ,; 136 state highway 82 15a.~v~ f'Kof' -- _. ^i a .,.a'. . ~i ~~ z~ a / ~% ~, alb ~ ~ F- ~ ~ L+.X~I lkl5 to - i r ~,_~~` ~~ \}.Ta !~ t'i E-~'Ic*iPl~ ~_~ _" +k_ o ~ ~ ~ -~ New c~~K--- ~; ~'~_tH~ ~,-~r ~+cuy~ L__ __ ~ _~. ~ ~~~,Jel-te~C.-M r: ~ ; r ~~ t ~ ~~ ~~, ~,~w~ - ~ SCI-1~va.~'e'.N ~ ~ ~m~N+ar*~r ~,r,u, k+E<k_ ~' '~,'tr- µc-w ~~ ~~ - ` ~ I `~ ~~dr-- r_~_ `~' \ r ~ \ib Psi (~di~r~J? ~~ -. ,~ =1f' \' \ -- "~-;_'~ \ ''ter ~ ~\ ~ ~~` ` . i`~---~ ~' L'ur~ ",~ r °or:w _ __ _ _. ice. ' ~g ~,, ~~~ r~ ti~ L/\fi~~yF \~ ,E~~, ~ x _' A~ x ~a~~~, x,~a: ... C :.. ~ .... r ~ ~. i. t !' V R i a ^l I M 3 h 4 '~ .. r~ ~ :p }.w~ ~ vurv .!I nP ` r... u_" (i 3ry.e6~IF^: >5F'. ~ ~ ;. ~ ~ i~ ~[ N MS F ~ ~ ~ " °Fl ' 'n N~ ~, Pk M 1 ' . " ~ :-J i xt + y CFA ~~ (1}' ~t.r r. -~ ~. w d p' , ~ k .. .F ks Ra4M• ., ~ X' G : SR. w.- r a ..e. .....~ .. n~ ,~t3&iw~ .. . - °~A~'UeA b o-: n<~Xro.§L yt~', _ ~ ~ ~~;>...: r ^. .ae ik~ ~xl5j Q~p~3~7-T ~-~Nr . T~ R~,k~a.i N MEMORANDUM. TO: Cindy Houben, County Community Development Director.. FROM: Suzanne Wolff, Planner _ .. ; RE: Friesenhahn'Mnor Amendment to a Development Permit ` ' DATE: July 28, 1997 __. _ .. .~,., .: w. ~.Yk SUMMARY: Pursuant to Resolution No. 97-123 the Board granted approval to remodel anon-conforming structure within the scenic overlay and to deed-restricf an existing unit as a caretaker dwelling unit. The applicantrequests approval to amend the condition of approvalwhich limitsythe size of the caretaker dwelling quit to "approximately 550 net livable square' feet". The applicarit~s request is attached, as is a copy of Resolutioq No. 97-123 J _ u_ APPLICANT: Vernon Friesenhahn, represented by Mike Hoffman LOCATION: 42474 Highway 82; Lot 6, Block 4, ICnollwood Subdivision; between the highway and the Roaring Fork River ZONING/LOT SIZE; The lot is zoned R-15 aril contains 0.636 acres. STAFF COMMENTS; Pursuant to Section 3-200.80 ofthe Land Use Code the C`ommunity~15evelopme~ ~ nt Director may approve a minor amendment to a condition of a development permit. The existing unit exceeds 700 net livable squaze feet. The applicant understood that the unit would have to be reduced to _ contain less-than 700 net livable square feet iii order to lie approved as a caretaker dwelling unit Staff mistakenly represented that the reduced `unit woujd contarri less than 65b net~liva`6T-e square fe'et'and me u ed this limitation as a con remodelled unit is a roxrmateldition in Resolution No. 97-123. The actua]'squaze footage of the pp y 670 square feet, a.~sd the applicant is requesting to amend the approval The proposed amendment will not change the use of the proposed development and is consistent with action taken duriiig the original review. The exact size of the unit was not an issue for staff or the Board during n . the original review. The additional square footage willmake the unit more livable and will not: ' • structurehe basic visual a earance: the unit is full contained within the g PP y footprint of the existing • increase off-site impacts; • endanger the public health, safety or welfare; • generate additional employees or pazking demand; or • increase the floor area by more than 2%or decrease open space by more than 3%: Although the size of the unit will be larger than represented in the approval the overall floor area of the residence will not ~w..~ ..,. ,.N . increase. Resolution No. 97-123 states, "The floor area ofthe remodelle'~d structure shall not exceed the _, .. existing floor area." The applicant understands that the squaze footage of the caretaker unit is included in the calculation of floor area. RECOMMENDATION• Staff recommends that the Director amend Resolution No. 97-123 as requested, subject to the conditions in the attached Administrative becision. has applied to the Community Development Director of Pitkin County, Colorado, hereafter "Director", to amend a condition of Boazd of County Commissioners Resolution No. 97-123, which limits the size of the.,. approved caretaker dwelling unit to approximately 550 net livable square feet. 2. The Applicant's lot is zoned R-15 and contains 0.63,6 acres., 3. The'properry is located at 42474 Highway 82, and is described as Lot 6, Block 4, I{nollwood_ Subdivision. ' pp presented that the caretaker 4. Due to a miscommunications between the a licant and staff, sta re dwelling unit would contain less than 550 net hvable square feet, however, the applicant's intent was to reduce the size of the existing unit to comply with the regulation which allows a caretaker unit to contain up to 700 net livable square feet. 5. The actual squaze footage of the remodelled unit will. be approximately 670 square feet 6. The Director finds the request is consistent with the original approval and meets the requirements of the Land Use Code. TAE DIItECTOR D6E5 HEREBY. AMEND, Condition No. 6 of Board Resolution No. 97-123, to read: "The cazetaker dwelling unit shall be hmrted to approximately 700 net livable square feet." All artier conditions of Resolution No, 97-123 shall remain in full force and effect. APPROVED by the Director; Phis ~ day of ~ Lt_(,[,~ , 1997. VV~L~C~It/~/'~ Cindy Houben, Community Development Director RECTTALS 1. Pursuant to Section 3-200.80 of the Land Use Code, Vemon Friesenhahn, hereafter "Applicant", LAW OFFICES FREILICH, MYLER, LEITNEYi & CARLISLE A PARTNERSHIP INCLUDING PROFESSIONAL COtFPORATIONS " AI COLORADO h. _~ ,.. . _. DAVID J. MriER, P.C. E: MICHAEL HOFFMAN SHANE I. HARVEY ALAN E. SCHWARTZ OF COUNSEL July 25, 1997 Pitkin County Community Development Ms. Suzanne Wolff 130 S. Galena Aspen, Colorado 81611 Re: Friesenhahn Caretaker Unit Dear Suzanne: 106 SOUTH MILL STREET, SUrtE 202 ASPEN, COLORAD081611 TELEPHONE (990j 920.1018 FACSIMILE (900) 920J259 On June 25, 1997, the Pitkin County Commssione>s approved the request of Vernon and Kathleen Friesenhalm for Scenic Overlay Review, Remodel of aNon-Conforming Use and Special Review for a Caretaker Unit for their home located at 42474 Highway 82. The Boazd memorialized its approval` in Resolution 97-123. The approval resolution limits the size ofthe cazetakerdweiingunit to "approximately 550 net livable squaze feet."(Resolution 97-123; ¶ 6.) As I mentioned to you last week, this limit is unworkable and is the result of a communication "glitch" between Duane Hilbert, Mr. Friesenhalut's architect, and myself. We were focused on the requirement that the remodeled residence have livable square footage of less than or equal to the current square footage and did not realize that a 550 square foot requirement for the caretaker unit was unworkable. We have now submitted plans for the remodeled structure in which livable squaze footage is reduced. That plan diminishes the squaze footage of the caretaker unit from well over 700 fo 667: square feet. I believe that Joanna Schaffner has certified that the new plans comply with the Pitkin County Land Use Code and the specific requirement of the BOCC in Resolution 87=123 that the "floor area of the remodeled structure [] not exceed the existing floor area:" ' It appears that the 550 squaze foot limit was proposed by staff based on an erroneous belief that the existing unit is that size. (Please see the bottom of page ~ of your memorandum to the Commissioners for their June. 25, 1997 meeting.) As mentioned above, the actual size of the unit'is over 700 squaze feet. The remodel will result in a net decrease in the ' floor azea of the 'caretaker premises. The Pitkin County Land Use Code, § 6-40-30, allows modifications to non-conforming` structures solong as the adverse impacts ofthe non-conforming use are tolerable, consistent with the Master Plan and the applicant demonstrates that the purpose of the development is to improve the M MISSOURI FREdICH, LELTNER A. CARLISLE KANSAS CITY, MISSOURI INTEXAS INCALIFOANIA FRE6ICH, MORGAN, LEThJER&CARLISLE FREILICH,KAUFMAN,FOX @SOHAGI DALLAS; TEXAS LOSgNGELES, CALIFORNIA _~c., . ,.., t ,;,, .., ~~. .I ,,. FREII;ICH, MYLER, LEITNER & CARLISLE Ms. Suzanne Wolff July 25, 1997 Page 2 function and appearance of the use.. I believe the Board of County Commissioners and Community Development staff have. found that all three elements were satisfied by the Friesenhahn application. 4d r: ~.n..~:u'vL' Amending the 550 square foot limitation to allow the proposed ~6T square foot caretaker unit will provide greater enjoyment to the user of the unit without compromising any legitimate concern of the staff or the BOCC. Please modify the square footage limit for the caretaker unit so that the'proposed structure maybe constructed. Thank you for your"assistance. Please. call me at 920-1018 if you have any questions or comments. Sincerely, FREII.ICH, iVIYLER, LEITNER & CARLISLE ~~cti~~N'li ~~ E. Michael,Hoffrnan M MISSOURI M TEXAS FREILICH. LETTNER @CARLISLE FREILICH,MORGAN,I:EITNER &.CARLISLE KANSAS CITY. MISSOURI`.. DALLAS: TEXAS M CAL~OANIA FREILiCH,kAUFMAN, FoX &. SOHAGI L05 ANOEtiES,CALIFORNIA 111~I1 lilli 111111 ll~i 11111 1111 11111 lllil 11111111 40'3959 07/03/1997 11:398 tt~050LiJ'I'I biiV25 321YI I of 3 R 0.00 D 0:;00 N~0.00 P~`1~I~IliIC°O~Ed~bRp~~'~" RESOLUTION OF THE BOARD OF COUNTY COMM1J~lVtvrtta yr riinuv wviv i z, COLORADO, GRANTING APPROVAL OF TIIE FRIESENHAAN SCENIC OVERLAY .... m _ ..u : ~,., d~ . ~.,~~ ~...M ~.~ ,~, :w, - ~ ,~,~,~~ s~ . a .~r. ~. ~ , _ L... _ __ ,z r ANSION OF r>r NON- REVIEW, $PECIALREVIEW FOR A CARETAKER UNTI', AND EXP... CONFORMING STRUCTURE Resolution No. 97~~ RECITALS • ~~ pp ~ pp County Commissioners of I . Vernon Fnesenhahn, hereafter A licant', has a lied to the Boazd o Pitkin County, Colorado, hereinafter "Board", for approval to remodel. an existing non-conforming residence which requesting Spe ial Review is located within the Scenic Overlay azea. ,The Applicant is also c~ approval to legalize an existing bandit unit. as aparetaker dwelling unit. 2. The Applicant's lot is zoned R-15 and contains 0 6~6 acres . ,~G .E...,,... ., ..>. ~ . ~.,....,..~. ~~,- p p ~ y Block 4, I{nollwood 3. The ro erty is located at 42474 Hi~hwa 82, and is described as Lot 6, Subdivision. 4. The Boazd considered the Applicant's request at a duly noticed public hearing on June 25, 1997, at which time evidence and testimony was presented with respect to the application. 5. The Board finds that the application generally complies with the applicable sections of the Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby approve the Friesenhahn Scenic Overlay, Special Review to legalize a "bandit unit" as a cazetaker dwelling unit, and Expansion to aNon-Conforming Structure, subject to the following conditions: 1. The Applicant shall utilize native stone on the facades which are visible from the: highway; earth- blended colors in the exterior finish on the other portions of the residence, azid non-reflective roof materials 2. The height of the proposed entryway shall be reduced to lessen its impact eliminating the metal roof or by reducing a portion of the stone facade above the entryway. The revised design shall be approved by Community Development staff prior to submission of a building permit far this portion of the remodel. -i _ .: .. u,. ,.,,,, ~ .,.. „nn:, ro ,... ,,,. ~!~xau~xsn«~aela5v. zas~t ~a:^swrir,la~«°,+~c, ;~ib+~ka . rf+~?.;f~.t ~`"a~wrr: b '' i irroii rriirir~ir~ iii ~~ri~ ~i~~s~r~ i~i~i ~~rir~~ Resolution No. 97-~~ 403989`0'7/0371"9'97 'YS 39A f~ESbLtITI'DiiVIS SSLVI 2 of 3 R 0, 00 D 0.00 N "0:~`0-"F+`~'YICTN'bG `CGCORA60` ' Page 2 3. Prioc to issuance of a building permit for the facade remodel, the Applicant shall: Obtain a Revocable Right-of--Way permit from the County for the landscaping within the highway and county road rights-of--way; and Enter into an easement agreement with the, County to allow landscaping on the adjacent roe o~ ped b tghe Coun L~t I pStillwatepr Ranch), which will address the following P P rty Y ty ( > issues: any lantin on the Coun 's azcel is erforined strictly at the risk of the property owner; the owner shall maintairt the_landscaping onthe County parcel; and the County does not guarantee that the landscaping will not be removed in the future. 4. Exterior lighting shall be limited to that necessary to comply with health and safety requirements of g p g s shall be used along the highway frontage. Any P e Uniform Buildin Coge. No landsca e I~htij and shall conform to the lighting standards ermitted exterior liahtin shall be down-li tm contained in the Pitkin County Land Use Code (Section 3-110). >. The applicant shall provide documentation at building permit submittal verifying the floor area of the existing structure and the remodeled structure. _ The floor area of they remodelled structure shall -_: r not exceed the existing floor azea. 6. The caretaker dwelling unit shall be limited to approximately 550 net livable square feet. 7. Prior to issuance of a building permit to remodel the "bandit unit", the applicant shall submit and the Housing Office shall record a cazetaker dwelling unit deed restriction. 8. Housing and Community Development staff shall inspect the caretaker dwelling unit prior to issuance of a Certificate of Occupancy. 9. Approval from the Board of Adjustment is required for all of the proposed improvements within the required 100 foot setback from the highway, prior to submission of building permits. 10. All material representations made by the Applicant in the application and public meetings shall be adhered to and considered conditions. of approval, unless amended by other conditions.. APPROVED AND ADOPTED ON THE 25th DAY OF dUNE,1997. NOTICE OF PUBLIC HEARING PUBLISHED IN ~ - K F T ON - THE ~ DAY OF rna~ , 1997. PUBLISHED AFTER ADOPTION IN THE WEEKS - T Tl'MES ON THE f- DAY OF 1997. ATTEST: ~J _~i ,~GC./Je a Jones, Deputy Clerk and Recorder BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, ORADO By ill Tuite, .airman Date U _ -_ - -- APPROVED AS T6 FORM`. John Ely, County Atto~sx. Case No. P31-97 PazcelID #2737-173-06-001 APPROVED AS TO CONTENT: Cindy Houben, Community Development Director '_ ' g M E M O R A N D U M TO: Suzanne Wolff, Planning «y. FROM: Joanna S. Schaffner, Zoning DATE: May 15, 1997 RE: Friesenhahn Scenic Overlay and Caretaker Dwelling Unit Parcel ID# 2737-173-06-001 _ _ _ _ _ v-.. ..ri_ ...)..t mom. I,_. ___ .Ix~ _ ~4 P' I have:' reviewed the above referenced application and offer the ' following comments: ZONE: R-15, 15,000 square foot minimum lot size This parcel contains approximately 27,704 square feet and is conforming in size. SETBACKSe The required setbacks for this parcel are: 100 foot Major Road setback as measured from the Highway 82 right-of-way. 30 foot front yard setback 10 foot side yard setback 10 foot rear yard setback 20 foot minimum stream setback Proposed improvements lie within the 100 foot Major Road ,setback, and will require Board of Adjustment approval prior to any development permits being issued. ' FLOOR .AREA: The allowed floor area oT~ this parcel is 150 of lot area. Lot Area is determined as follows: Lot Size minus River minus Right of way Lot Area 27,704.16 sq ft sa ft 7 ~ sq ft Sufficient information has not been submitted to determine compliance with floor area regulations. Where is the Highway right-of-way in relation to this lot? How much land area is contained up to the average high water mark of the Roaring Fork River on this parcel? ' k S • IY 5 ... ,_ ;_ HEIGHTe Sufficient information has not been submitted to determine compliance with County height regulations, however, it appears that the top of parapet on the left side of Elevation 502 may exceed the maximum height limit of 28 feet. OTHER:; The applicant states that a deed restriction will be placed on the, unit after all approvals are received. Please note: No permits will be issued for any new work prior to the unit either being approved and deed restricted, or removed. The applicant is relying on improvements located within the right- of-way and adjacent parcel to the East to screen the existing and p pp ~ ~ ping is proposed on the oarael tb atheeEastAls~oaoddmsi~has and scaThis does not appear to be a lot. The caretaker .dwelling unit is limited to 40p square feet of net livable floor area in the R-15 zone district.. The plans submitted cannot be scaled, however, it appears that this unit contains at least twice as much floor area as is allowed. . . ~.~,.w:. ..~..,,.,_~ ~.~a , ter,.,-~ ,~, > ~,..., ,. , ..~~ :: MRY 23 'S7 12~17PM. RS HOl15IFJG 6FC ~ ~ ~~ P.1 ..,Std ,.i ~ , fYiG~1/1 ~P4,r7/YY~e~ ~. '~: Suzann®Woiff, Communliy Development Depatlment _ Ff3dM: Cindy Christensen, Housing Office DATE:.. ..,May 28, 1997 RIE;: Friesenhahn Scenic t:Nerfay and Caretaker Dwelling t:(nit i:ieview ParcellD f+lo. 27$7-173=0fi=009 , _ ~$ f?A ~ ~ re5 ~ 9 Y 9 ~ ~+ a carefalter dwelliri~ ~~ a Ircant is uesti to ie me a bandit unit b deed restrictn ifie unrt 13ACifE'rFFDUHdD: 'The applicant has derronstrated tit2rt if,e unit was garrbplated and in existence pfiar to June 6~ 1861, tharefare, according to t3ectron 6 t`3t112b(9~, 9atreillt fJnikir, this unh would be alassified as,a 13Ardit Unit. If the tsandit unit is'7t)t? square'feet or less, a °caretaker" deed resitictian, as apeoified in Section 3-75fl.130, shall ba placed on t11e unit. Shordd the tiarid$ unit be.graater tfiari 70D square feet,. ari "empioy~e dwedinu unit` deed reetratlon, as Bpaa1}iedin Section 3-1511:120; shall be placed on the un7t. f~COf~lr(GIENDATII~: The P-lousing Office recamrnt?rtds approval at the existing unit to be deed restricted as an'employee dweNing urs't d`r a caretaker dwel(irig unit, depending on tPa size as R la rust slated in the application, and as tong as the toltow5tg avnditians :are meE 1. a deed restriction must be filed WIlf7 the dppmpriate language relating to wriather N' Is a caretaker dwebing unit or an ~:~lfoyee dwell'mg nr7it;` 2. flopr plans sltowrring the actual caiculatigns of the unit shall Ge provided to rile Housing Office poor 40 ,. any building permit approval;" 3, any person, firm or corporation violating any provision of the Band flee Code is guilty of a misdemeanor, and uftdn canvlclibn thereof, shall be punished by a fine of not more than x'100, ar by mprtsonrr~nt to the county inii for not more #han t0 days, ar by 6olh such fine and imprisonment. Each day during wh~h aueh ill0gal erection, eotistnuition, reconstruction, alteration, rrtsiMenBence or use conKnues, shah be deemed a sepdY`ata off ertse; and ' ~€, an irrspeation qt the unit be done bythe Hdusing Office, if this is approvetl, s copy of the deed restriction should be obtairsed from the Housing 1?ffiae acid is required to be nacord®d heftsre any further bua'klii~g prrriid can tie epprovecd. l',. a'.., ,. ,.:_.. ,, ..., itr"/R,,..,.., .,+}f~.,.. .I RG~Ef V G1.7... ~_ MEMORANpl1M JUN 1 6 1997 T0: Suzanne Wolff Community `m" ~ °""'"` ""` `° A$PEN~f'~TK~N ~°eVefopment COMMUNITYbEVELOPNIENT FROM: Temple+ClasSier; administralrion` DATE: June 2, 1997 RE: Friesanhah`n Scenic Overlay and Caretaker, '.Dweliing Unit Review. F~ ___• _.. __ .:L.....is~2`~..a.ity..:r:+iL`~..:~:r^3hcL: ..Y~..~~.i.u'{'33~y'"`i:~~JwkXirr~I:::::...~-a,.... ~,_.., r:. Regarding the landscaping plan. for the Friesanhahn development. The Benedict's, during their subdivision approval, donated Lot ,~ of the Stillwater Ranch developme"nt to Pitkin County for affordable housing. Pitkin County plans on pursuing the development of housing on this parcel. A small piece of Pitkin County`s parcel crosses'the river and is adjacent to the Friesanhahn parcel. There is `not any planned use of this small section but the East Aspen Trail currently uses,that section of Stillwaterbrive as a linkin the trail.. If there is development on our parcel I would see It In.the Open Space ana Trails Board of Trustees best interest to"biaild~a sec`~ion of`the trail ori'our parcel to avoid any safety hazards that may exist by combining car/pedestrian/bicyclist uses oµf Stillwater Drive. I would discourage any planting that impairs site distance for bicyclist using t'he shoulder of Highway 82. Any planting on the Pitkin County parcel is strictly at the risk of the property owner. we do not guarantee that it will not' be removed for any developr'nent on our parcel that we see,fit. We also expect that if there is any landscaping done to our parcel that the Friesennahn's maintain't. Prior to planting the owner must enter into an easement agreement with the County that addresses the above listed concerns. r____,_ ,.. x, it MEMO ,.:p .. L.bpY-n,:p,.n.. 4s .. !: To: Suzanne Wolff, Community Development Department From: Ed Van Walraven, Fire Marshal Subject: Friesenhahn Parcel #2737-I73-06-001 Date: April 15, 1997 Suzanne, This project shall meet all of the codes and requiremefits of the Aspen Fire Protectuon District. systemcludes but not limited to the installation, where applicable, of an approved fire sprinkler Please call me if you have any questions. Th you, Z Vu T ~nrniceinn Fvn .II INF 7R 9PIf10 "' ~., ~~ 2 7 X997 MARCH 21, 1997 SUZANNE WOLFF, PLANNER ASPEN 7 PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 S. GALENA STREET ASPEN, COLORADO 81611 DEAR MRS. WOLFF, I WAS THE OWNER OF THE HOME LOCATED AT 42474 HIGHWAY A2 EJ ASPEN,, ' COLORADO ON NNE 8, 1981. THE PURPOSE OE THIS LETTER IS TO CONFIRM'THAT THE "SITTER'S QUARTERS" WAS COMPLETED AND IN EXISTENCE PRIOR TO JITNE 8, 1981. THANK YOU: y, SINGER Y, `. , /~~ ~ RA SWORN TO AND SUBSCRIBED BEFORE ME, THIS ~~ DAY OF ~~ A.D. 19~. ~-~-• ~-~ NOTARY U LIC `I~r1LiTI2,FOR 2 NANCY M~ REYES 2 v Commission X1102875 < Q ~"..., Notary ?ubBC - California (~~i -2'`''Y \~ COUNTY,CALIFORNIA ~ San Diatla Caunty My Commission E ". 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L.- } I ~" `. ~ ..~ ~ ~~ ~ ~ ~ ~S} ~~~"ry° i 4po, rrl 4i ~ 1- }:~- ~ .--~ V ~y ~d Wddi?:''-'® L66i Lc •a2W 9[5,S TEL : 'ON dNOHd uo c~}on.~~.s'ua7~u6 isaP H3Q : WOJd .3 _`P nC V~~ - PJ I^.~~ i, i ~ ~.''~.-~ f ~ ~ # ~ ~1> ~ ~, ~%T1\~ ~~ ~~ .~' ~ ~ ~ ate.. ~ ~iJ u,-~ 3 ~ 1 i ~' ~~- ~ fit` ' .I'~ ~ ~~ '~ d~9 ', ~ ~ ~ ~,; h P~ Q. Fn C,,,,,,, J I ~ ~ ~ 4 . . I I ~ y Y ~.r ~ ,.9 .w ~~' ~ . _.. __ _~~ 5.~ ~,.,,~. ~~ ~ ~~ ~ti l I%tif ~4~ ~~~i 5? ~! (~._. ~ _..._ ,.,..Y..,~. yl ~~ ~'`,~ ` ~ • ~ ~ , .~"` ~ ~ i i~~ ~ I ~. I~ ~-ar.-~ ~ _. ~ EI T $ ~ ; ` -- i i ~ ~ _~~_ l ~ ~ ~ ` ' 1 11 ~ ~ ~ ~ Y G - -" ~ i ~~ ~~ ~. ~ `~ r ~~ £d WdSZ;~O L66S S£ 'aFW 4855 y£L 'ON 3WOHd ~ uo?}any~}suoa~u6isap y~ WO?Jd coverings v~ll father diminish the distraction and iritpa m or7§~~~T rti~ -iL~-rfi9 ~ 9 ~ `-- -- . ,. nom «. ..: i k ~ k,+uaw az w<.» ~ ., i. .. I ~. Date: Match 5; 1997 . From: Duane €, Hilburn D.E.H. Deslgn Construction 331 Donaloson ' San Antonio, 7ekas 78201 (21d)7~d-5905' ' To: Pitkin County Scenic Overlay Review Project: Fnesenhahn Residence ' location: ' ' ,., ' 42474 Highway $2, corner of Highway 82 and SGllwater`Dr Owner . Vernon Friesenhahn Rt?presentatiVe: Duane E. HIIdUPtti Refetence: "` Section 3-80.4~!(E} Project Descnpfion; Total Living Square Footage: 4,385 rP~ 2-Car Garage Square pootage 28 ~ ~ of Para i "l M s yN Rear, p pe{, 24`-4" Ceiling Ht. `.. ;, ~ ~~!' ~ ~ . Typical Front; 1 g ~ f7 FtontEntry' 2T-ti" ~~'.~ Project Intent ~v<~e~ I The intent of the addition antl renovations to the existing property at 42474 State highway is as follows: Existin "`topograp}{y including'naturel vegetation, land berms, and landscaping bqutders will be utilized, new v gelation in the fans of native flowering plants, spnace end pine trees (min. 0{'1 t5'=tj" in height) will b9 added to areas lacking in natural~coverage. These improvemen{s are planed in order to assist in screening bath the proposed and existing structure, rooftiries, and`irtiprbvements from Highway 8?, Building materials in the project are chosen with the intent to complement the topbgra'phy of the area A native limestone veneer (in creme color) vnfl bp'utilizett to integra}e the fa'Cade w~h the natural surroundings, and the sma8 ambunt of metal roofing wlllbe a'`I~ainf'Grip"'dray" with iio reflectivt= qual'~ties in order to minimized its ilisual impact.' Utilizatign of exterior lighting wilt be only the essential required for security and safety purposes. These lights wilt consist of low wattage wall sconces wdh downward illumination (one facture between the garage doors and two factures inside the Covered~~ntry Porch)"~ here wilthe no Iandsca in (' fiti structure facing Hjghw&y'$2. P 9 ~ rig in the front of the Windows fronting on Highway $2 have been designed to diminish the structure presence on Highway 82 by placing them behind exisfing7aniisc~p ni g or keeping them a minimum size. Discrefe opaque'window coverings will father diminish the distraction and impact of interigr light an Highway 82. Our goal is to protect the scenic beauty on Highway 82 and to provide a natural ambiance for the occupants ~.. of the dwelling The careful choice of both native exterior materials and prudent plsicerrient of winc~o`ws will decrease the visual impact both on Fiigtway 82 white {}ie use of ezis{ing vegetafon and new native landscaping will Improve the overell esthetic quaiitq ofthe existing strudture. n .x,.. ,. s r ,q,v ~ +v¢A ch ^'~' et,N,'~`,. rr +Mt b}"~4'~X~ '.", ?~ ~n J x~ ~ ~ K I ' ~~ a P da ....~ .. c... .... . , ~ FRIFSETI[B~[pJ RESIDIIQCE 42474' HIGHW2+Y 82 ' ~,.,, . .. i~ mss'' _ ~ ~ {r it ',~I ~„ ~~r,.. .... ,i uv6wnckcr Shalt I~ y. ~ ~~I'ark Regent Shag r it ICI. L. Johnsr~r '1'u noel \ DoC r enhovcn "Innncl ~ I~ ~RI G CI P _ ~ Snwgglc~l Shaft = ~~ 6,q ~,\ "9/r ii ollic (iibsirp Shall F " hill i IIL __ __~ _ J~~ -rrn r'rL .~ ~rVallejo Gulch s~=sue: EASP DN HIGHWA7t 82 FRI (COOPER ANb GALII~ THE SO[TiT}SIDE OF THE CORNER OE STn.I.WATER. /E ~ -~~ypE p II/_ c~~ I~ < 3 ti II li ._.. o Z y,_ ~,, CR 107 -„3t~ PROJECT SITE %~ ~, 42474NWY.82, CORNER OF STILLWATE ~rrnrrrrnr ~9 &t71 Ri4~ xiN ASPEN SITS ON AT THE Q ~~ =lunnnn =~~ ineni'r, i'= ;: .. :. d e s f g n e o n s t r u c t i o n ,, Mann 24, 1997 Suzanne MloJff, f'Iarmer AspentPit}Gin Community Development Department 130 $. Ciafena Street A", Colorado 81611 _ _ _Dear Suzanne, __-_ .,_. As per our rcxaversafion +viFti bilr, FrieSettttahn ~ March 17, 1997 concerni~q the stogy facade shaven an the ptans #ar the PRbJE+wT locates! at 42474 ter, 82, and the submittal of seven{ stone alternates. for the project The atfemateS are as fotta~ats; iJ Creme coktred iimestarte as shown an plans 2-) Natt+te Redstrxte, ra~gtt faced 3J Colorado Sufi, dry stacked 4.) Arty other native stone that utoufd tie avaita4le. A 't this request t am attaching a copy of the te#>er fram prior 4VVNER of the residence aonTrmif3g fhq "Sitter's £auatfer5" date 4# «tnsfruation. You. Should be receiving fhb original of this. ketter any day. Please utfartrt me d additi4na[ irtfotmaft yg required concemixtg these ittatters. si EtY: . Nstkturn 331 donaidson eve, sett antanio, tease T824'J 734-5g~ SUZANNE WOLFF ASPEN,./'PITKIN COMMUNITY DEVELQPMENT ,.:.. ,._ _. m , 130 SOUTH GALENA STREET. , ASPEN. COLORADO 81611, 1975 - __.. -... _ . _, w _ ; . ._... _, ~ ,-~-..~., . ~ ~;. , DEAR SUZANNE, AS PER SECTION 3 150.130. WE AGREE TO PLACE A CARETAKER PEED RESTRICTION ON i THE BANDIT UNIT LOCATED ATx42472 HIGHWAY 82 THIS DEED RESTRICTION WILL BE _ .. avga a~ w n.. ~ ,a ~. as d^~u;a m'-'~%.,. aro. na. v. pa-.._a.., .,.~..r. w. .. PLACED ON THE UNIT AFTER ALL APPROVALS ARE RECL^IVED r~ ......._,k: ~ . *..M ~..,, ,, .~ ,,, ..,,.., i-.. ,u..H. ,,_, IN ADDITION WE WILL,PROVIDE ONE (1)OFF-STREET PARKING SPACE FOR EACFIBED- , ROOM IN THE CARETAKER UNIT,, THANK YOU. SINCERELY, /~ "~ ~ (:~- ~fl-,^^-- , ~' VERNON C. FRIESENHAHN - -- _. ,.., ~a n~ ~~ d e s i g n c o n s t r u c t t o n :_ a .. ~:. .. . , .~r .k ... „~. tw. ~,... , From: Duane E. Hilburn 331' Donaldson San Antonio, Texas 7201' (210) 734-59b6 To: Suzanne Wolff Aspen/Pitkin Community Development 130 Galena Aspen, Co. 8111 Dear Suzanne; I am attaching the onginats of the photographs of the property at 42474 Highway 82 showing the existing planting which wilT"remam and be added to ~~`so a'ffa'c~Tied are phofographs" and a Copy of the p'nesenhahn re';~dence m San Antonio which shows 1Nr F nesenhahn"s attitude about the utTiizafion of nave buil~`ing matena}s and piantrng. Tt is our' Intention #o fully incorporate the structure rnt®`ttie surrorirt~ing envli'~ii`~rt€irt~~iyi`tlie use of these 6uikiing materials ance of piantrng material P y ~ 1 h' and abun Ope these documents wdl father aui ou and the board in understands the direction and intent in which we would Irke to roceed If there rs anything that we mrghti: have overlooked please notrfted me so ! can expedite fulfilling any deficiencies. Your assistanCe'and ouici'a`rtrveis a1=uvav°~ a~%nnr ~~e,~' Duane e. Hilburn 331 donardson ave. san Antonio, texas 78261 (210) 734-5906 Frtiesenhahn Residence 42474 Highway 82 Aspen, Co. LOIJKING WEST GN HIGHWAY 82 t,rvuxtrvv wt~5 r UN HIGHWAY 82 (FRONT) .~. Friesenhahn Residence 42474 Highway 82 Aspen, C©. LQO~KING EAST ON HIGHWAY 82 __~.-- w..- . .,i ~~~~~~~ ~'I~~C~I N ~I ~N ~ dzd`14 ~w~ ~2 ~>en~Nr ~L>;~6TIc?H ~~~~N~ ~~T ~N ~l~~l~l~.~' S2 ~-+c.~ W iN<, ~~15j'l NCB Tle~~ T~ I~~I~,I ~ -r'~I f' -~ a wl[' rr ~'~ y': sin WI N v cc~ RN ~ i~, o~ sTlLL ~~~ ~ N WY'. 82 ~~~S~NI~-~rSI.IN 1~~51 b~.NG~. ~2 d ~l 4 N WY, 8 2 ~s p~ I-~} Cam. ,: _..... ~ .,. ....._ .~. _ ~ _ i ~~r~T ~LEvaT~n N ~~~~~b ~~:-~~-~ ++I ~-W~Y g2 ~.nW iu~ ~x !fir ~ r-cv ~ ~~ M ~ ~ ~~~ '~~ ~ ~M ~.! N ~1~5~N1-~~N ~E51b~I-tom 4244 N1~N ~Y 82 1S~pEi~, Cam. ~~~F 1 ~ it i ~. ~ ~_ ~~~ ,~ ~; ~ ;~ ~y ~~ s. p. -. .. ~~ ~ ~. ~. ,s ~,= 'e, '~: ~~~ ~''~r' ~, e .., ~ .,~,~ ... ~ ,~ °~, ~ ° ~~ ~ ~, ,~ ~~i; `"- ~~'" oar; _ ,, ~= ~, ~a ~~ fJo d e s! g n c o n s# r u c_ t! o~ ._ -: i_t' ~-2. ..~... .~.~ ven3 ..mf unm fd.~ .. •.ee nr'S B .. .. o~.:. .. v. :.. ..,) ... Y± ~. Fsiesenhahn Residence L~ _..:::.:, 42474 Highway 82 Aspen Co. 81"611 SfiUARE FOOTAGE STATt; ~.~~.~z ~ ~,,~~'~ Existing Square Footage; Ground Levef Lower Level Total Garage Demoi'dion Square Footage; Ground Level LowerLavel Total Revised Square Footage; Ground Level lower Level Total Garage FAR GALCUtJ~TtOPtS: Lot 5'+ze Minus River tVCuxkg Right-of-way. Loi Area s ~ ~ . f , _ ~' I 3259 s.f._ 1935 s.f.' 9194's.f. 545 s.f. 1148 s.f. 1090 s.f: 2238 s.#. 3027 s.f. 1761 s.f. . 4788 s.f. ,. ; 545 s.f. 27,704.1$ s.f. 12,006.31 s.f. approximate ave_ mean high water setback 0 1b,6H7.85 s.f. ., ~ ~~.~a,..~ w, "' ~~.~ 4 ~~~~ I , ulwlt4419 ' 2 ~ i -- ...~,,..~rr--- I , L ___l._ e_.~G:y~..yQx__J . I ' 1 1 I l___________________l__,i___ S `^! front ~~ -~' _.__ _ .vv -_\ naln w.wo-. r *; .~ ~ ~~.. } iZ~• VlA rear ,„~, awM eMWi» P.-~ y.._ ..,..~.~~, .., ... .. ,[{ s J, .......',:~ h..d .. ,u:.i-- ... ra .~~..setm.,.N v , o~cw..,.> ~d:~ J~ i^`w .. >. ~ ' ~. t~[ MEMORANDUM TO: Board of County Commissioners Regular Meeting -June 25, 1997 THRU: Cind Hoube , ommuni Develo ment Director FROM: Suzanne Wolff, Planner RE: Friesenhahn Scenic Overlay, Caretaker Dwelling Unit and Expansion of a Non- Cbnforming Structure REQUEST: The applicant is requesting Scenic Overlay approval to remodel asingle-family residence located on Highway 82 east of Aspen. The existing residence is non-conforming in that it encroaches into the front and east side setbacks, and exceeds the currently allowable floor area. The applicant also proposes to legalize and remodel an existing dwelling unit as a caretaker dwelling unit, which would contain approximately 550 net livable square feet, APPLICANT: Vernon Friesenhahn, represented by Duane Hilburn ~ ~. ~-~r~ ~' ' . " ' LOCATION: 42474 Highway 82; Lot 6, Block 4, Knollwood Subdivision, between the highway and the Roaring Fork River ZONING/LOT SIZE: The lot is zoned R-15 and contains 0.636 acres. PROJECT DESCRIPTION: The applicant proposes to renovate the existing residence, including: • Increasing the top of parapet by approximately 4' along the front facade; • Increasing the roof height above the entryway by approximately 12' to the top of the ridge; • Removing a portion of the house on the north end of the front facade and a portion to the south of the propdsed caretaker unit, and adding square footage elsewhere in the house; • Removing the deck which is located adjacent to the river; • Adding additional deck area to the rear and sides of the house; • Adding a stone veneer to the front facade and a portion of the east facade; • Using a stucco finish on the other exterior portions. REFERRAL AGENCIES: Referral comments are incorporated throughout this memorandum and are attached for reference. STAFF COMMENT y ~ pg p rty is within the scenic ovetla aarea. Sect on 3 60.40 of the Land U e Colde estalilishe t heefollowinroreview criteria for developmentwtthin scenic overlay areas: 1. YYhether the development has utilized existing topography and natural vegetation, such as ridges and hills to screen buildings to the maximum extent possible. ~. ~. Response: The existing strncture is located directly on the highway. Existing berms and landscaping screen a portion of the front facade. 2. Whether the development has been designed to complement the natural topography of the land, including whenever possible and appropriate, the utilization of innovative architectural techniques such as earth shelter~d design~aturaZ~materials and coloring, non-re, jlectablity and clustering of structures on the least visible onions o the site. Response: The applicant originally proposed to use a creme color limestone veneer on the front facade and the portioh of the east facade that is viszble from the highway, however, the applicant is also considering the following'alternatives for the stone facade: rough-faced native redstone, dry stacked Coloradobuff, or any other available native stone. Staff supports the use of native stone rather than limestone. The applicant represents that the metal roof above the entryway will be a "Paint Grip Gray" with no reflective qualities. The other exterior portions of the residence wil I have a stucco finish; staff recommends that the color of the stucco be restricted to an earth-blended color. 3. Whether the developmeni's height and bulk has been designed to avoid, to the maximum extent possible, the visibildty of buildings from the highway czndpublic viewplanes. Response: The applicant proposes to merease the ceiling height of the structure, which would result in an additional 4 feet of height above the garage and~the adjacent portion of the facade. All of the roofs are flat, except the new roof above the entryway, which will add approximately 7 feat of additional height to the top of the pazapet or approximately 12 feet to the top of the roof ridge. These additions will certainly increase the height and bulk of the structure and will increase the overall visual impact, however, any improvements to this residence will be visible from the highway. By maintaining flat roofs, the height increase will have minimal impact While staff recognizes the desire of the applicant to create a more pronounced entryway and acknowledges that additional height may be appropriate to accentuate the entryway, staff feels that the visual impact could be reduced by lowering the height of the entryway by eliminating the metal roof or by reducing a portion of the stone facade above the entryway. The Zoning Office indicates that the reaz portion of the structure may exceed the 28 foot maximum height limit. 4. The proposed structure shall be placed so it does not break a ridgeline, unless there are no alternate building sites on the lot Response: The proposed residence will not break a ridgeline. S. Whether the proposed development has avoided the location of uses on the highest ground or most visible portion of the site as viewed from State Highway 82 and public right-of--ways, identified in Section (B) (1). Pp g g ,visible portion of the site, but avoids the steep doses and the floodplain of the Roarin atork Rivemost 6. Whether the development has been located outside of the designated Scenic Overlay, or on a suitable site at the greatest distance possible from State Highway 82 and ident f ed ridgelines. .a '.d. '. iM~s ~, '~ .~~~~. ~r ,. ~: Response: The entire property is located in the Scenic Overlay area. All of the proposed improvements are within the required 100 foot setback from the highway, therefore, variances-must be granted by the Board of Adjustment prior to submission of building permits. 7. YGhether the development has been landscaped in accordance with the adopted State, Highway 82 Corridor landscape gzridelines'and has preserved natural vegetation, to the maximum extent possible, including the avoidance of development within irrigated meadows. Existing vegetation shall be maintained to the maximum extent possible, while using existing vegetation to screen development. A landscaping plan shall be submitted by the Applicant and approved by the Planning and Zoning. Commission. Response: The Applicant proposes to preserve the existing pine and spruce trees on the north (front) and west sides to screen the residence. The Applicant submitted a conceptual landscape plan which depicts the addition of native flowering plants along Highway 82 and the intersection with Stillwater Drive and spruce and pine trees (approximately 10 feet high). on the east side to screen the house when approaching town on the highway from the east. Some of the landscaping along the front facade, including existing landscaping and one of the berms, appears to be located within thehighway right-of--way, and some of the landscaping on the east side is located on the adjacent parcel, Lot l of the Stillwater Ranch, which is owned by Pitkin County. Temple Glassier has reviewed the proposed landscaping; and states that no use is currently planned in this small section of the lot, though this area could potentially be used in the future to construct a trail link to the East Aspen Trail that is accessed from Stillwater Drive. Ms. Glassier adds that prior to planting the owner must enter into an easement agreement with the County, which will address the following issuesr ` any planting on the County's parcel is strictly at the risk of the property owner; the owner shall maintain the landscaping on the County parcel; and the County does not guarantee that the landscaping will not be removed in the future. Since the existing structure is located within the~front and east side yard setbacks, it is not possible to provide landscaping on-site which would screen the residence, therefore, staff supports the landscaping on the adjacent parcel, as long as the site distances for vehicles/pedestrians bicycles are not impaired at the intersection. Also, landscaping within the highway and county road rights-of--way also requires a Revocable Right-of--Way permit from the County. A drip irrigation system is proposed in the front yard, and the plantings on the adjacent County parcel are proposed to be hand watered. 8. Whether the development's exterior lighting has been designed in such a manner that light sources, such as facade and landscape lighting, will not be seen from public right-of--ways as identifzed in Section (B) (I). In addition, an application shall be consistent with the Zighttng regulations identifzed in the Pitkin County Land Use Code. Response: The Applicant represents that exterior lighting will be kept to a minimum for safetyand security purposes; low wattage wall sconces with downward iilumination will be installed: one between the garage doors and two inside the covered entry porch. No landscape lighting will be used along the highway frontage. Also, "discrete opaque window coverings" will be used to diminish the impact of interior lights on the highway. Lighting shall comply with the County fighting regulations found in Section 3-110 ofthe Land Use Code. 9~ Landfornzs and earth moving shall generally not be acceptable as the sole measure of compliance with these regulations. These methods maybe acceptable when utilized as one ofseveral methods to - z,. „- -.:, q. z - ~ ~- ... ~. _ ,_ , i:,. ,~~ complement and enhance development, rather than as the single device for screening development from view from the State Highway 82 Corridor and as mapped. Responses There are two existing berms to the north of the residence and several landscaping boulders in front and to the east of the residence; however, the Applicant is not proposing any new landforms to screen this development. Existing trees will remain and additionallandscape plantings will be used to partially screen the development. ' 10. Whether the development has been designed so as to avoid, to the maxemum extentpossibde, any Scenic Viewplane identified on `the adopted State 13'ighivay 82 Corridor tLlarter plan acid Down T~aZZey' Comprehensive Plan. Response: No such Scenic Viewplane applies to this property. 11. In the case where 1041 Hazard Areas may be m conflict with preservation of scenic areas, the Board acknowledges that 1041 issues take precedence over scenic eoncern5. These issues shall be reviewed on a case by case basis. Response: 1041 Hazards are not beingreviewed since this lot iswithin an approved subdivision. The existin residence and the ro osed im rovements do not impact the floodplain. The applicant may remove g P P P the deck that is within the floodplain; fstaff supports such an improvement that wouldmove developmenf away from the river. Scenic Overlay Summary: Assumingthat nafrve stone is used on the facadeswhch aze visible from the highway, earth-blended color stucco is used on the other portions of the residence, non-reflective roof materials gre used, exterior lighting is limited to that necessary for safety requirements, the height ofthe ~ ~ proposed entryway is'reduced, and existing vegetationis preserved and enhanced with additional ,. landscaping, the proposed remodel will have a ^e 1'i i x, r improve the appearance of the existing structure. g g bte visual impact on the scenes foreground and wilj ~ . ,.,~,~ exceeds the allowable floor area an is Locate remove a portion of the house which is within setback, however, other portions will continue construct two new additions and to add adi~ito expansion's ofnon-conforming structures that i pursuant to Section 6-40.30. Although certain remaining'structure and the proposed addition: exceeds the allowable floor area. Stafrdoes nc proposed floor area, but feels that the represem the proposed expansion. Section 6-40.30 ofth non-bonformity, subject to the following stand The existing structure is non-conforming in that itcurrenfly d~witliin ie front and side setbacks A`fhe applicant proposes to the front setback aril a portion~which is'wrthm the side ~,.~.. ~s.. .. ., , : p.. t0 enCPOaCh int0 these SetbaCtCS. The annlinant nrnrinePC to .:,,.. not change or decrease tfie'non-conformity, except ~rtions of the existing residence are being removed the ' ray result m a net increase m the floor area, which already .. ,u~., ., , .~~ rape calcufatlons of the existing'floor area and the ions made m the plans are adequate to establish a limit for ,ode allows tTie Boat'd to permit such an expansion of a ' A. Adverse Impacts and County Land Use Policies: The Board of County Commissioners farads that any adverse impacts of the non-conforming use or structure on the neighborhood or the County as a whole and env inconsistenczes with County 7,iind use Policies in Article 2'to be tolerable. ~~ .,. ,e......~. ..., ~ .. ~ F ~b..~ os~. ., .. .,... ».;: w, _ w {~ ,. F ... .-. I I,. i Response: The proposed modifications should not adversely impact the neighborhood or the highway. One of the additions will not be visible from the highway, since it ~s located behind an existing portion of the residence. The other addition is located farther from the }iigfit ay than the portion of the house that is being removed and will comply with the front yazd setback; this~addrtion will also be screened by the existing and proposed landscaping. The modifications are not inconsistent with the policies•in Article 2. Removal of the deck adjacent to the river will reduce the impact of the existing development on the river. y consistent with adopted master ~ ans o ~ he artea and adjacentt land use ~e use or structure zs generally' P f Response: The proposed modifications do not conflict with the Aspen Area Community Plan or the Roaring Fork EastlVeighborhood"MasterPhn, and'should not conflict with the adjacent residential uses.. C. Building Code Standards, Hardships or Improvements to Function and Appearance.• The applicant demonstrates that the purpose of the development zs to.• 1. Meet practical dafficudties anc7 har~hi s whtc~r ar`ese ~ P from the existing restrictions upon repair, al(eration or restoration; or 2. Improve the function and appearance of the use. Response: The intent of the modifications is to„improve the appearance of the structure in general, and in particulaz as seen from the highway and to improve the function of the existing residence, which was originally constructed in 1968, Arid was previously remodeled in 1980. D. Development Exactions: The applicant makes all required dedications to the County in accordance with the standards in Section 3-130 for any additional development that is approved pursuant to this Section 6-40-030. Response: No development exactions are applicable to this development. Bandit ~ ~ ~ . „ ,.. , ~~. c, nit• Pursuant to Section 3-150.120($) ofthe Code, the ~oazd may approve an attached "bandit unit" under the following conditions: 1. Tphe applicant must de> ~zastrate to the satisfaction of the Board7hat theproposed employee unit was com Zeted and in existence rior to June $, 1981; Response: Tracy Wynn, owner of the residence in 1981, has provided a letter confirming that the "sitter's quarters" was completed and in existence prior to June 8, 1981. 2. The applicant must sped the applicable requirements of Sections 3-150.120 and 3-150.130 which can or cannot be met and the reasonstherefor; Response: Section 3-150.130(B) states, "The )#oazd may permit Cazetaker Dwelling Units up to 400 square feet on any size lot in the R-6, R-15 and 12-ISA zone districts." The existing unit exceeds this size requirement, by approximately 150 square feet. Although the unit could be reduced to comply with flee 400 square foot requirement, it does not seem that the impacts of a 550 square foot unit would exceed the impacts of a,400 square foot unit, particularly since the unit is existing. 5 ,st A, .~. ..~ , ,... -?: .: .. ,. :,. w...nr. ..~+y:~ , 8. .t.F .. ... 1 4i. ieen*{`.. ~, cMta'k=y P' ~.. •A ~ ... j~ ~ ~ .. ' ;... e , . , ... .,.. s .ia_ .d, nn: .. The Code also requires that the` total floor area of the principal and caretaker unif shall not exceed the allowable:FAR of the applicable zone district. The allowable floor area ratio in the R-15 zone district is 16%. The; application states that the existing structure contains approximately 4,993 square feet, however, sufficient infozmation has not been provided to determine whether and to what extent the existing structure exceeds the allowable floor area, However; if the structure exceeds the allowed floor area, the applicant would be allowed to maintain the existing structure, but could nat make any improvements which would increase the floor area. Deed-restricting the existing unit will not increase the nonconformity and will'not add additional floor area. 3. The approval must require compliance with the otherwise applicable requirements of Sections 3- 150.120 and 3-150.130 to the full extent practicable; Response: Section 3-150.130(B) requires that the caretaker uniti'comply with the following:. p p ~. g p n ~ ~ caretaker unit; and the applicant shall deed, restri t the unit to co' ply with the car taker unit deed~estrict on' pursuant to Section 3-150."130'- (B)(3) of the Land Use Code: The applicant represents that the unit will comply with these requirements: one off-street parkjng space will be provided for the caretaker unit and the applicant has agreed to deed restrict the cazetaker unit in accordance with County regulations. `! 4. The approval must require the applicant to meet the health and safety requirements of the Uniform Building Code, as determined by the Building Inspector; Response: Since the applicant is proposing to remodel the umt, inspection of the unit by the. chief"building { official to`determine that the unit complies "with the health and safety requireinents~of the Uniform Building Code will occur as part of the inspections required for the remodel. The deed restriction shall be recorded _ ~,_ ~ ~_ _. ~F;-_ ,_ _ prior to issuance of any building permits for the remodel. S. Even though the applicant cannot meet with all the applicable requirements of the Code, the Board must determine that approval of the application will not result in, or constitute the Board's endorsement of, overcrowding on the property or izz the neighborliood,~ approval of a dwelling unit for which insir gc:en~ utilities or o, Z impacts out of character ffi then necessary services are available and visua with existin nez hborhood,• " Res onset The unit is within the existin restdence and does not overcrowd the ro is looated within the ortion ofthe house which is locafed wit'fiin the required'l0 f operty, however, the unit Tans show a new enP to the utti which would reduce the setback to zero feet. The aide and setback ~'l~he ~ stment for this additional encroachment, however staff would not .. su azort the azianc Band recommends that the new en be removed. 1;eea~zation of pphcant may request PP tFS' he unit wt~l not .. ,. _, create any'additional visual or other impacts on the neighborhood. Sufficient utilities and services are available for the unit. 6. If the bandit unit is seven hundred. (700) square feet or less, a "caretaker"deed restriction, as' specified in Section 3-150:130, shall be placed on the unit Should~the baradrt unit be greater than seven hundred (700 square feet, an "employee dwelling unit" deed'restriction, ~s specif ez7 in S'e'ction 3- 150.120, shall be placed on the unit. "" ''° Response; The unit contains approximately 550 square feet of net livable ft!oor area, therefore, the unit may { be deed restricted as a caretaker unit. _. ~ _ ,. ~ view: A caretaker dwelling unit is listed as a special review use in the RS-20 zone district, and uec~al Re ,..... therefore must comply with the special review standards in Section 3 210,of the Land Use Code, These _,.:,- i- standards require that: • the use is consistent with applicable master plans, County Land Use policies, the intent of the zone district, and the character of the surrounding area; • the locatign, size, design and operating characteristics of the use are in harmony with the surrounding area and minimize adverse effects; • adequate public facilities and services are availab, Ze. Response:. The use is consistent with applicable master plans, CountyLand Use policies, the intent of the zone district, and the character of the surroutding area. The residence„is within easy walking and biking distance from town, and is accessed by RFTA: Since the unit is existing, and the residence is located directl ad'acent to the hi hwa , tfie unit should not create an adverse im acts on the surrounding area. Y J g Y Y A The residence and the caretake;;unit are, served by an existing well; which will be reviewed by Environmental Health prior to issuance of building permits. ' RECOMMENDATION: Staff recommends approval of the Friesenhahn Scenic Overlay, Caretaker Unit and E as ' g e, subject to the conditions in thm attached resolution. Non-conforntin Siructur xp sionofa ~ ~~ ~~~~ ATTACHMENTS: A. Draft resolution B. Zoning Office comments C. Housing Office comments ' D. Pitkin County Administration comments '' ` E. Aspen Fire Marshal comments F. Letter from Tracy Wynn G. 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Michael Hoffman 70: Joanna ScAaffixr Date: 5N'3/gffi "lime 9.54144 AM ` ~ ~ ~~ Page 2 of 4 LAW 6FFICES ' FREILICH, 1VIYLER, LEITNER &c CARLISLE A PARTNERBMP INCI:UCiNG PROFESSIONAL CORPOkATfONS ar AsPPN CoLOxADO 1 U6 SOUTH MILL STREET ATTORNEYS ATLAV! , DAVID S MYLER, P.C.' SUITE 2O2 x nucxAELxoPauaN' sHANR:t. HnxvEY' .cwrt ~ AsrEnr, COLORADO 8161 I '. ~. mwco PACSA4[E (990) 9204239 TELEPHONE (970)920.1018 March 15, 1999 John Ely, Esq. Pitkin County Attorney 530 E. Main Street Aspen, Colorado 81611 Re: Driveway Easement Over Lot 1, Stillwater Ranch Subdivision ,:; ... For Use of LoY 6, Block 4,1Znollwood ~u`bdivision Dear John: . ~..Ai KANSAS CITY, MSSSbVRI FI¢Q.YC$ LEiNk]t ffi'CAPI fSGE ATTORNEYS AI"LAW ROBERTH FREB3C$ P.C. "~ MARTINI. LElTNE2 P.C.' RICHARD G: CARLISLSP.C. ~ STFPIiENl. MOORE, P.O.' S. MARK WHTTE v KYLES FOOTED CERTIFIED LAND tSSE PLANNIItS MICHAEL SLAVER. AICP ]ENNhFRK BARREIT, ASCP KIM S. BROPHY,'AiCP As we discussed a few weeks ago Vernon Friesenhahn, the owner of 1.ot 6 Block 4, I{nollwood Subdivision (the "h'riesenhalm,,Property"} ~ias~requested that the driveway easement which services lus roe the "Drivewa E P P rtY ( y asement") be memorialized by a written agreement with the County as owner of I:ot 1, Stillwater Ranch Subdivision (the "Serv>ent Estate") As hmentioned on the phone, I discussed this matter a year or so ago with Tom Newland w~ien he was Assistant County Mana P. Althou h I believe Tom was amenable to enterin mto a wriien easement agreement, we did not ursue the Issue at that time. The facts are fairly simple. In 1969 Patricia and Craig Dawson owned the Friesenhahn Property and .« .~. .. , lived there with their children: Tn about ~96~ they constructed a circular driveway on the Servient Estate without seeking or receiving the approval of its owner: The surface of the driveway was of crushed stone, "The dnvewa was used contmuousl b the Dawsons • y Y„ ., ,., ~ y ' , until they: sold the property three ears later. The affidavit of the 17awsons so Lou is attached to this correspondence as Exhibit ` A . ctober 1 1972 Alan J. Goldstein bou t the F > gh riesenhahn Property' from Mr. and Mrs. Dawson. He too used the Dnveway Easement contmuously throughout his ownership of the property. without seeking or receiving the consent of tjle neighboring owner. Mr Goldstein sold the Friesenhahn ,w~.___ , ,~ , -. , ».r,... , Property to Tracy Wynn on February 2, 1977. Mr: Goldstein's affidavit is attached hereto as Exhibit «B>,. , Tracy Wynn owned the Fnesenhalm Property until November 13, 1996, when it was purchased by Mr. Friesenhahn. As was true. for the previous owners, Tracy Wynn and subsequently Mr. Friesenliahn, continuously used (and continue to .use) the Driveway Easement without seeking or From: E. Michael Hoffman To: Joanna Schaffner Date 5n 3/98 Time 9 54 44 AM Page 3 of 4 ~- FREILICH, MYLER, LEANER & CARLISLE John Ely, Esq. Mazch 15, 1999 Page 2 receiving consent from the owner of the servient Estate. Tracy Wynn's affidavit is enclosed. with this correspondence as Exhibit "C". From a review of these affidavits, it is appazent that owners of the Friesenhahn Property have used ' y e servient Estate continuously since approximately 1969, without ever having ought or received approval to do so. In other words, the Driveway Easement has now been used for thirty years. At the time the County received title to the servient Estate in 1994, the driveway had been utilized for 25 yeazs. A copy of the Bargain and Sale Deed and Agreement by which Fabienne Benedict conveyed the Property to the County is enolosed as Exhibit "D"; `° gh y p p ' y ing that plaintiffs and their predecessors m inte estewere mropen; notoriou~vls ble and adve a use' and occupation of the laimed right for more 'than 1$ years." Bart's body Shop v. Hageinan, 536 P.2d easement under a c 1150, 1152 Colo. App. ). We believe Mr. 1 riesenhahn's redecessors in interest each satisfied ( 1975 p all of th Y e ulslte elements to establish a rescri five easementgmAlthough rio one owner utilized the q P P Dtivewa Easement for the full 18 ears Colorado courts reca ze the for the purpose of establishing a presoriptive easement. See Trueblood v accumulation of adverse use . Pierce, 116 Colo. 221, 179 P.2d 671 (5947). There oan he no adverse possession against a governmental entity suoh as the County. Omaha & Grant Smelting & Refining v. Tabor,. 13 Colo. 41, 21 P. 925, 929-30 (1889). However; the establishment of the Driveway Easement occurred before the conveyance of the $ervient Estate to the County. hi her deed, Mrs. Benedict conveyed only those interests in,the property which she then owned. "['f]he theory [underlying prescriptive easements is] that by not protesting the adverse use to which the non-owner has put the properly, the properly owner cari be presumed to have agreed to burden the servient estate to that degree." Wright v. Horse CreekRancles, 697 P.2d 384, 388 (Colo. 1985). As a result of theirl8-yeaz acquiescence to the Driveway Easement, the Benedicts (and 7 or their predeoessors-in-interest) "conveyed"aright to use the Driveway Easement to the owner of Mr. Friesenhalin's property. 'T'hat right became indefeasible no later than 1987, seven years before the County's acceptance of title to the servient Estate,. I have enclosed as .Exhibit "E" a form of Easement meant to memorialize the Driveway Easement already established by prescription. If this form is acceptable to you, please. have it executed by the County. If you have any questions or comments, please give me a telephone call. Thank you for your consideration _- From: E. Micfiael Hoffman 7oi Joanna Schaffner' y. ~. FREILICH, MYLER, LEANER &. CARLISLE John Ely, Esq. March 15~' 1999 Page 3 Sincerely,. FREILICH, MILER, LEITNER & CARI,TSLE ~~ ~ba[e.~5Ti 3r9'~~'Yime. 9.54:~44.6ivf `~ Page4of 4- E. Michael Hoffman 402842 03I 1of 1R6 ~ i~iu nm~ if~ar iu ~~ur irn im 00.E 0,00 PI~1(YN Cbt~"f~ CLERK"`~~ `~""" Rccordgt: ,, PUBLIC TRUSTER*S~EED`"~ Sale No. 96-8 THIS DEED fs made March 14 , 19 97 , bt Thomas Carl Oken as the Public Trustee, *Countyof Pltklri ,Cobrad Kathleen D Friesenhahn and Vernon Cy~Fri'~senhali~n~~~~ Grantee, the holder O Certificate of Purchase, ~7 Certificate of Redemption issued to 45 N.E. Loo 4'10 Suite 190 San Antonio Texas 78216,. WHEREAS.i~ pTr"acy Wynn" .., :., _ ~ , ,„,,._ did, by Deed of Trust dated March 21 , f 9 91 ,and recorded in the office of the Cler)C and Recorder of the County of Ptkin Colorado, on 11~arcTi `2'7 "~~ , 19 91 ~. in Book 642 ,Page 543 (Ftlm No "- ' _~...., N, H ~,~~ ,,,~,wt ,.,.k ., . ~ .,.. ,Reception No. 3332'6 ) convey to the Public Trustee, iti Trust, tTie property hereinafter described to secure the payment of the indebtedness provided in said',.Deed of Trust; and ~- ~i i ~.., ~. , , ~t W HEREAS, a violation wasmade m certaip of the Retths and convenant~s of said Deed' of "Trust as shown by the Notice w'tw,.. of Election and Demand for-Sale filed" with the ~fi~ic rust e a u [care o hichwas recorded m ttie otnce of said County Clerk and Recorder); the said pfoperty was advertised for public sate at the place and m the manner provided 6y law and by said Deed of Trust; Notice of Right to Cu`reand redeem an'd'I~o a of Sale were given as'regLired by law;'said property was sold according to said Notice of Sale; and a Certificate ofPue"chase"t~iereof was~made and recorded in'the office of said County Clerk and Recorder; and WHEREAS, aTfperiods of re' ~ '` ~ "~~ ~ '~ ` t ' ' ~dem Lion have expired NOW, THEREFORE, the Pubhc Trustee pursuant to the power and authority vested by law and by the said Deed of trust, confirms th'eforeclosure sale and'se"lis and conveys the following itesdii'~ed property Iocated~in the Couniyof Pitkin ~' •' ' - State'ofColorad'o,'fo-wit: I ., ._ ~ ..,.- Lot 6, Block 4, Knollwood Subdi;yisioa Cot±nty of P.t,kin, State of Colorado also known by street and number as TO HAVE ANb`TO HOLD the same, with all appurtenances, forever. Executed the day and year fit t above written. F., TA.r'°. Public husk<orfiC 3 j `~~~ State of Colorado County of P l t k l ty, ~ ~/ ~ ~ ~ ' a S ' STATE OF CbLO1~A'DO ` ' ~' ~ ~ ~ ~ County of Pitkin ~ ss. r''gv~COIINs~d~ The foregoing instrument was;acknow(edged before me this) 14th day of March 19 by Carol L. Foote as the Deputy Public Trustee of the County of Pitkn ,State of Colorado. r~ _~SAR,V p, Mycommissianekpires '1/10/2001 J ~ ~ ~ ''~~, Witness my hand and official seal li.iu. ~ ~yy,~ ~ `;I ' / J ~ ...Not Connie J. OvertoC ~y. *If in Denver, insert "City and". ~ '~ n ' . ' v. ~`'caoa*° f -- -.-_ _ _~.~ ..~-;_ _.._ _ -~ ~k My Cornn t ~tnt~ ~~p .~_ s No. 30 Rev. 696. PUBLIC TkUSTEe S DEEb ~ ~ ~' '"`"""°~ ""~'" °"" ' ` Oi/tUr~LUi ~v Bradford Pubhshmg, 1743 Wazee St, Denveq~0 80'202 = '' Y ~' ~ (303) 292-250tl - 6-90~ - , .:a.p,. C -.-.. ... ~....rv.. ~s v«. yM ~r _. '. ~ . ,a , m n ,. R ,, ,.'F`° v Cairo 6,,. March 4,1997 From: Wemgn Friesenhahn 300 Tarcida San Antonio, Texas'i8209 (21b} 826-b1fT8 Tq: i3itkin Cqurdy Scenic Overlay 12eview 130 Galena Aspen, Cq. 81611 Sirs: I, Veman Friesenhahn, da aufhgrize Ahi-. E7uane E Hit6urri of t3 E f-t Qesu~n , y representative of Construction, 331 Drinakisgri San Att'toniq 'Cexas 7$201, to act as rr"t~" ' ' ".. the project named Friesershahn E2esidence lgcated at 42474 Nighvuay 82, Aspen Co.. Si~tcerel Vemon Friesenhahn ry v-. x A:roI' enMd ... . wsrm drv i. xr.vx final M1.i ..." I~ . ~# .D~2~3~-1"13-Dw~oC~I ~.~'~ o ~~v ~oe Ll t~o d e s 1 g n c o n s t r u ct i o ra `ilc~m C~~ 4G'~l~fi~~ruiit~i~~ date: IiAarch 6, 1997 from: Duane E. Hilburn to: Suzanne Wo}ff° 331 Donaldson AspeNPitkin'Community Development San Antonio, Texas 78201 Depadment "' (210?' 734-5906 130"Gatena ~ _ Aspen Co project: Friesenhahn Residence 42474 Highway 82 ` Aspen, Co. we are sending you: Original photos of property Copy and photos of Friesenhahn's SarrAntania'residerice ' PhaCos"ot`typicai's~one work'to"5e use, .. list of adjacent propetty ownef^s wrttr addressed envelopes Check#csr Planriing Deposit in the arh~un~"~'$1;n60~i30 12 copies of fetter of rerjttu'st (intent? descriaing property: Re`. 3-6Ci.40(E} 12 copies of ptwtos of the site 12 copies of Site P{an and Survey 12 copies of scaled elevaYron drawings...: ' 12 Copies of landscape ptat5 ' 12 copies of Vicinity map 1 copy of auttroizaton ]after 1 copy of proof of ownership 12 Copes of copy of pre-app fotm 2 Copies of agreemerrt 1o'pay fiorrii Duane E. Hilburn ,.. v, a w, aq L Y*"Y, M e, ^, i [., P17F INCC1l~!~'j1 ,~ PRF-aY'T']~1C:ATI(JN`+vO1~T"F171';'VC'GSj;:1•ilvT:~~'~' ~< { PL~1N>\`EP: ~uram!e tt ollf 17r1'! t3: Febn>arv 2>, 1997 h120.ik;C:'1': Scenic gverlay Zteview' TMpCATTON: rt247d Highway R~;; oorner ot~:lai;htva~• R' and Stil(~•:at~r I7r. CtWNEK: Vgrnon hriesettitahn Ft IQNF/l'A:Y: (210)305-700Q/308-0726 R6Pi2ES~NTATTVE: Duane H[ilburtt PHC?N>"; (210)73a-;9b6 Si 1~•Ih1;4 RY ^" I. Type of Applicatiot): Scenic Uverla}' Ret'iew 2. L)eSCribc tictiorJrypz of development being reyueacd: Applir,+rtt prOpcigz5 to remodal the existing residence. l~avelopment is visibly front State Hinh~ti a} 82, and wait has detefluined that the development will not haee "an insignificant intp?ct cut the secr~ic resotncc" as required by t ie Cude in order t:o be eligible for an adntutistrst,~ e rc:cizw. 3. Address the following itt lever of reyt:est,;:tpplican,n: S~Ction 3.60.40(E): Specify plans tier constt•ttctiott of resi„ettce and drive. Physically describe the proposed structure in terms of square faora~,c, hcieitt, srylp, desipm, eK. 4. St3ff.vill refer to: Zoainr;~, Aspen Fife. ~lottntain Ve+lle; Hotne~>cvners' Association ~. Review- is before: P&.2 6. Public Ht^aring: ~'~S. The appli~aut siiaa post a public notice ci~n on the hrppetrty at least 1~ dais prior to the public hearing. ~/7. 5ubtnit list of adjacent properly owners, and an midressed enre;npe fir each adjacent Owner, 8. Number of copies of the application packets: iz I. Planning lleposit: $1080 10. Antioipated date of submission; 11. Cc)MI`1ENTS/UNiQU>J CONCFIN'S: Fach app?icatlon picket should inch.rde the follow'in2: ~A• Letter of request d<7scrioing tltz p:o~ osal and c~ldmssin;! the specific revie~+• criteria n: tBe Cole section and tha issues rated al-~,ac. ~F3. Photos Ofthe site as seta Slum public ~ irwpl:+ns ~/c:-• 24" x 36" Site Plan ou a to ~o~~ra ~ )- G [ ltic map v: itlt a seal.. ^ot less than I "u•~lUU'; inc!!lde acce3s, proposed attd esistinv footprints J 1>. Sr.ated etevatian drawing., , °~/~. i,andscape plan. ~/F'. Vicinity map. /C4. Letterautlrorizing represctttation of npplieunt 1,one cutn'~ H. proof of ownership of subject property ,/I. Copy of this prr-app form. t/1. A~rec.ment to k'ay fvrm (,h~'o copies) ,,.. ~`a ,~ .,t ',s .. ;; ~:~:, ,. ;3, ., ~ r , ,.,.. i,_~ °~_, _ ._ _.. _ ~, ~,~ ~' ,. ~'. `` ~ ~, g ,^~ ~ ~ ~ . ~~ ~~ ~_ _~ 1` 4 : _ _~ ~. t :-. '~-- ~> r" .. ~ ..~~ ¢ :~~;~ ,~ -t« }~~ ~ •~ ~ ~ i* r ~. 5 ~3 'fit ~ ~ ~,~ ~ County of Pitkin } AFFIDAVrr OF NOTICE BY } ss. POSTING OF A PUBLIC HEARING State of Colorado } FOR A PITKIN COUNTY DEVELOPMENT PERMIT The undersigned, being first duly sworn, deposes and says as follows: Shael Johnson being or representing an Applicant for a Pitkin Counry Development Permit, personally certify that the attached photograph fairly and accurately represents the sign posted as notice of the public hearin; on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the sign was posted and visible continuously from the ~~ day of June , 19 97, to the 25thday of June , 19 97 (Must be posted for at least 15 days before the public hearing}. t Applicant's Signature ~/ _ Notary Public's Signature Address I hereby certify that on this 20th day of May , 1997, a true and correct copy of the attached Notice of Public Hearing was deposited in the United States mail, first=class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacenf popertyy owners which was case named on thep ublic No~ e~~Ty~Deve'lopmerif Department by the applicant in regard to the By: Rhonda Harris Administrative Assistant PARCEL NO. 2737-17-302004 ADDRESS OF LOT - 39 ROARING FORK DRIVE TAX STATEMENT SENT TO - RALPH W. RYDHOLM, WALTER O'BRIEN C/O HEDLUND & HANLEY SEARS fiOWER, SUITE 7000 CHICAGO, TL 60614: PARCEL NO. 2737-1,7-30200$ ADDRESS OF LOT (VACANT LOT) - HWY 82 TAX STATEMENT BENT TO - W. DON RATHBUN P O BOX 1573 ASPEN CO 81612 PARCEL NO. 2737-17-308001 .ADDRESS OF LOT -42520 HWY 82 TAX STATEMENT`SENT TO -FREDERICK B. CHANEY LINDA S. CHANEY 5000 BIRCH ST STE 6200 NEWPORT BEACH, CA 92660 PARCEL NO. 2737=13-401001 ADDRESS OF LOT - 42426 HWY 82 TAX STATEMENT SENT TO - NELSON KAREN TRUST SANGGUINE LTD C/O P O BOX 700720 TULSA, OK' 74170 PARCEL NO. 2737-18-405001 ADDRESS OF LOT - STILLWATER RANCH LOT 1 ~_. TAX STATEMENT SENT TO - BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY 530 EAST MAIN ST. ASPEN, CO 8161 I PUBLIC NOTICE RE: FRIESENHAHN SCENIC OVERTA`Y~Vl~`~'&c"L,`+`A'T.AKER' V; "~ . ~ > DWELLING UNIT NOTICE TS HEREBY'GTVEN that a public hearing will be held on Wednesday, June 25, 1997 at at regular meeting to begin at 3:00 PM before the Board of County" Commissioners, Plaza One. Conference Room, 530 E. Main St., Aspen to consider an application submitted by Vemon Friesenhahn requesting Scenic Overlay Review and Caretaker Dwelling Unit approval to remodel the existing residence. The property is located at 42474 Highway 82, and is described as Lot 6, Block 4 I~xiollwood Subdivision. For further information contact Suzanne ~VoIff at the AspenLPitkin Community Development Department (970) 920 5093. Copies of the proposed Resolution are available for public inspection dunng regular business hours in the Office of the Clerk andRecorder, 530 East`Main Street, :Aspen, Colorado 81611. Phone (970) 920-5180. Jeanette Jones, Deputy County Clerk s/Bill Tuite ('hair Board of County Commissioners Published in the Aspen Times on May 24, 1997 ,~. aw...w..N.- ~ ~~ ~~.,..u. .: s>; z .~~ .. ~.~. Pitkin County Account Od113 ~_ ~. :. ~, ..~.. _~ .,~. ,.~~ ,.~;.;N ..., ~, s.~. a,.~, ~ , ~~~ x~ ~ .. . , ASPEN/PITHIN COl~~IlVIIJNI'TY DEVELOPMEi~i'~;UE~'A,~t"1`IV>~~~'T Pitkin County Development Applicaiion F'ee Policy Pitkin County, pursuant to board of County Commissioners Resolution No. 95- 226, has `established afee structure for the processing of 1' and use applications. " A flat fee or deposit is collected for land use applications based on the type of application `submitted. Referral fees for other County departments reviewing 'the ' applicatibti"will also be collected when necessary. One check including the. deposit g g y ~.~_: ,..».,. y. .,~,. . for Plannin and referral a enc fees must be submitted with each ~and`~~use application; made payable to the Aspen/Pitkin Community beveiopment ' Department. Applications. will not be accepted for'process~ng without the required` application fee. A flat fee is collected by Planning for Staff Approvals which normally take a minimal and predictable amounrof staff time to proc~sss. The fee is not~refundahle. ,;` A deposit is collected by Planning when more extensive staff review rs required, as ~.. x, ~„r., ..,.. ..,., r a ..,4v, a , w hours ar'e'°likely to vary substantially from one applicatton to another. Actual staff time spent will be charged against the deposit. After- the deposit ~lias" been expended, the applicant will be billed monthIybased on actual staff liours.`~C`~urrent billings must be paid within 30' days or processing of the application will' be ' suspended. If _ an applicant has previously fai'led~`to gay "applcaton~`fees as required; no new or additional applications will be'accepter~ for processing uniil the '' . <:. _ , outstandY"ng fees are paid. Outstanding balances must be paid before a Land Use Takings Determination is heard before the $oard of County Commissioner`s. In no g , . ,, _.~ ., ...~ .~...~,, ;- case will' Buildin Permits be issued until' all costs `associated with case processing have been paid. After the final action on the project, any remaining balance from the deposit will be refunded to the. applicant. Applications which require a deposit must include an ®~ cement for Payment of Developmen licanon Fem. The Agreement establishe p p y ~ s the applicant as being' res onsible for a ment of alI costs associated with processing the application. whth the application in order1for~t to be acc ptedonsible for payment and submitted The complete fze schedule for land use applications is listed on the reverse side. -- ___----~-;~ _. ,...e ~ .~,. . ,a ~ t;~~-~ ~ ~...,.~r~~~ ~-. ~ ASPEN/PITKIN COMMUNITY DEVELOPMENT 1996 LAND USE APPL1CATiON FEES BASE FEE CATEGORY HOURS DEPOSIT Major 12 $2,100.00 Minor 6 1,050.00 Staff Approvals 450.00 Fiat Fee 235.00 Referral Fees- Environmental Health and Housing Major 160.00 Minor 65.00 Referral Fees-City Engineer Major 260.00 Minor 105.00 Referral Fees-County Engineer Major 300.00 Minor 150.00 County Clerk Administrative Fees Major 310.00 Minor 105.00 Board of Adjustment 105.00 Hourly Rate 175.00 ,~ ~ ::: d,!" ... ~ r tiR ", :. C®1V11V1U1`Il i 1 PITKIN COUNTY _ (hereinafter APPLICANT) A( 1; APPLICANT has submitted to COUNTY an a (hereinafter, THE PROJECT). ~, ` 2. APPLICANT understands and agrees that Pitkn County Resolution all process ngt fetes is of conditionr precede og a~deteimination of appIic tion completeness. -.. , :. 3 APPLICANT and COUNT"°agree That because of the size, nature or ,., scope of the .proposed project, it is not possible at this time to ascertain the full ' g ~ w al o APPLICANT 'toermakeeea menftofsan ink ~enterest of nthe games tom and p y ~ nitial deposit and to thereafter. permit additional costs to be biped to APPY.,ICAN"I' on a monthly basis. APPLICANT " agrees she will be benefited by retaining greater cash liquidity and will make ' additional payments upon notification by the COUNTY when they are necessary as ' a rees iL will be benefited throw h the reat costs are Incurred. COUNTY tsgo rocess APPLICAN`T'S appl ation: g u. er certainty of recovering its full cos p 4. COUNTY and APPLICAN'~ further agree that it is impracticable, for COUNTY staff to coin fete rocessin or resent suffiC g ty ,,: ~~ ~ ~y ,za~ .,, ~~ a~~~.,~ ,.~ d _ ,.. Plannin Commission and/o P Board of Coun Comin'ient information to the Planning Commission and/or Board of Coun Commissioners tot make bl~e the n legally re aired fndn s for ro'ect a t q g p ~ pp oval unless current billings are paid in full prior to decision. HWAY 87 . ~P7TRTTT -" r'nttn»nv "i.nr n"n',; n-n ~ `' ~ -' ' ~ '' 5. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for _ hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the processing of the application mentioned above, including post approval. review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY / l~~ ~ a 11-0.._ Cindy Houben Community Development Director APPLICANT VERNON ERIESENHA~IN_ ' t ame ~_ Signature Date: MARCH 5, 1997 Mailing Address: 300 TORCIDO SAN ANTONIO, TEXAS 78209 2 r",- ASPEN/PITKIN 130.5. Galena'Street` ~ _ Aspen, Colorado 816I 1 (970) 920-5090 F~X#"(970) 920-5439 March 28, 1997 Duane E. Hilburn 331 Donaldson San Antonio, TX 78201 Re: Fresenhahn Scenic Overlay and Caretaker Dwelling Unit Review Case #P31-97 Dear Duane, .:. , , T `, The Planning Office has completed its preliminary review of the captioned application. We have determined that thYS 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. We have scheduled this application for review at a public hearing by the Board of County Commissioners on Wednesday, June 25, 1997 at a meeting to begin at 4:00 P.M. Should-this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be 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 pertaimng to the application is available at the Planning Office. Please note that it is your responsibility to post the subject property with a sign within 15 days of the public hearing and to remove it from the property within one week following the hearing. Please submit the enclosed Affidavit of Notice by`Posting`as proof of compliance with the Code prior to or at the hearing. - If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920- 5093. Sincerely, ,,; ~_ Rhonda Hams Administrative Assistant ASPEN/PTTICIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 816] Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: County Attorney Zoning Housing Aspen Fire Tom Newland Mountain Valley HOA I{nollwood HOA FROM: Suzanne Wolff, Community Development Department RE: Friesenhahn Scenic Overlay and Caretaker`Dwellirig Unit Review Parcel ID #2737-173-06=001 DATE: March 28, 1997 Attached for your review and comments is an application submitted by Vemon Friesenhahn. Please return your comments to me no later than May 23, 1997. Thank you. ., . ,~ ..re: ~, , _v rwr•i nw _ p.,y., •. ~ ~, > L ,. ASPENfPI'1'T~IN _.. COMMUNITY DEVELO'p1V~1V~' ~EPAI~`>~1VIEl~T'T 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5090 FAX (970)920-5439 March 19; 1997 Vernon Friesenhahn 45 N.E. Loop 410, Suite 190 San Antonio, TX 7$216 RE: Friesenhahn Scenic Overl2y Review Case #P31-97 Deaz Verrion, The Community Development Department has completed its prelimir application: As we discussed when we met on March 17, the. "sitter's plans is not a legal unit. In order to proceed with the Scenic Qverlay I concurrently process an application to iegalize this existing additional application will not'be deemed complete and scheduled for review'uni submitted: review on the we"will need to ig uiut. e , ,.,, allowing items are /• Address the standards of Section 3-150.120 ' ' ' (B) "Bandit Units", and Section 3-150.130(B), Other Caretaker, (attached): v/. _ Demonstrate that the unit was completed and in exrstence prior to June 8 1981. ~/,~' • 'Provide a floor plan of the unit: The»unit' may not exceed 406 net livable squaze feet. Net livable squaze footage "is calculated on interior living area and is measured interior wall to interior wall, including all ingterior partitions Also incluyded, but notusions mcludebbublare not' basements and interior stora e azeas closets and laund area. Excl (entheaatta tied orbdetached)ep tics, decl s anld porchesexterior storage, stairwells, garages Please provide 12 copies of these items. e Caretaker Dwellin Unit Review and the Sceni ounty Commissioners"at a ublc hearin'c OverlayReview will be reviewed by the Board of C p g. I was incorrect m our meeting when I stated that the reviews would be processed separately to the Board aril tTie Planning`Commission. ' If you have anyquestions, please call meat (970) 920-5093: Thank you. Sincerely, ~~~--- ~zanne Wolff, Planner .... ` L "' ~ 3-150.120 -- « welling Unit attached to or within a B. Bandit units": The Board may approve as an Employee D principal unit, or detached, one residential dwelling umt on a lot or parcel of land which does not, otherwise meet the requirements of Sections 3-150.120 or 3-150 130 under the foFlowing conditions: A ryYr. a the proposed employee unit satisfaction of the Bo was Corti letede app>~can~'mence eIDOr toi June 8, 19$1; and that,,... P P 2. The applicant must specify the applicable requirements of Sections 3-150.120 and 3-150.130 which can or cannot be met and thereasons therefor, ~P req p ~ ents of Sections 3- 3. The royal must uire Coro Nance with the otherwise applicable requrrem 150.120 and 3-150.130 to the full extenf prac6calile; ' `~ '~ ' ' ~' 4. The approval must require the applicant to meet the health acid safety requirements of the YJniform Building Code, as determined by the Building Inspector, 5. Even though the applicant cannot meet with all the applicable requirements of the Code, the Board must detetmine that approval of the application will not result in, or constitute the Board's endorsement of, overcrowding on the properly or in the neighborhood; approval of a dwelling unit for which insufficient utilities or other necessaryssetvices aze auarlalile and visual impacts o"tit of character'ri~itki existing neighbor- hood; care feet or le 6_ If the bandit unit is seven hundred. (700) sq ss, a "caretaker" deed restriction, as specified in Section 3,150.130, shall be placed on the unit. Should th bandrt unit 'be greater than seven hundred (700) square feet, an "employee dwelling umt' deed restnction as specrfied'in Section 3-150.120, shall be placed on the unit x_ _ .,,: . , .,-,,.~. ...... ,_ .~ , ._, ,- C, The, applicant must provide the Boazd with proof that all adjoining landowners have been notified at least fifteen (15) days in advance of the hearing by first=class mail, return receipt requested, of the date of the Board's hearing on the application and of their opportunity to participate in the hearing. In addition, a visible sign shalt be posted at Ieast fifteen (I5~ days in advance of the hearing at the entrance of the property providing notice of the pendency of the application, the date of hearing, grid the 'right of the public to participate. D. All units approved hereunder shall be registered with the Aspen/Pitkin County Housing Office in compliance with. the provisiocs of this Section 3-150.12,, 'tS; ~ "'~ ._, ,~..,. ~'.p7~"~}.,. t.:< tits ...C 11 zc~!r1 ~t alet z1.'ri:itl v. (C. ~ C ¢ J,'~ C i1!'~,~ ~iI < t e ~ ~i~Y s'-1 b d ~CiI Bz ~ i,.lt 'i s f< '~kTl (~l < E3 ~ ,~t, A3..,! E4: ~ ., L$C ~ i,P:=7. I"i1:n~;dtiUil C,f GuiplOynC iUllSttb FCq,11 C.IIc2stS aS-C:,...w`:iSI1CdE.SC a/hCTL ,.n .ILS C.C .C. F: Exisflng units which aze being legalized or modified under the provisions of this section must meet the health and safe re uirements of the Utirfomi Bmldm tr`ode, as determined" by the Building Inspector. These units must also comply with all other provisions of this "section, except as provided in this Section. (Ord. 95-3 (part), 1995) 185 taes> -' 3-150.130 3-150.130 Caretaker Dwelling Units The Board or the Commutri Devel merit Director may approve Caretaker Dwelling Units in ty op accordance with this Section and Sections 4.40,4-50 and 5-50. A. The Community Development Director may permit one Caretaker Dwelling Unit attached to a single family home (hereinafter "principal dwelling") on any lot which conforms ro the minimutn lot azea requirements wittdn the R-6, 'R-15, R-30, AFR-7`0; AFR=2', RS-20, R5-30 and RS-160 zone dtstticts underr ..~.,. the following conditions and. limitations. 1. Attached caretaker amts shall not exceed seven hundred {700) square feet of floor area, except thaz cazetakerunits in the R-6 and R-15 zones shall,be lunrted to tourlaundred (4~0) square feet of floor area..,, ,. p • pyt AR of the 2. The total floor area of the nnci and cazetaker unit shall. not exceed the allowable F { applicable zone district. 3. There shall be provided one (1) off-street parking space for the caretaker unit. 4. The applicant shall by deed restriction or other permanent commiunent nuuring with the land, ' guarantee that the caretaker unit shall not be required to be rented; not be.condomihiumized or sold: be limited to occupancy by not more than two (2) adults, and related children, wTto qualify as (and have been found by the Housing Office to be) employees o€ the community under such guidelines as may from time to time ' be established by said authority, be rented for terms not less than six (6) months if rented. Ttre'Caretaker emplohyees oftthe ommunityealmmediateeFamilye hall mean a person related by blood or marriage who is a first cousin (or closer relarive) and his or her children.. 5. The Caretaker Dwelling Unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed ormodified:" If modified, the remaining improvements mustno longer be capable of occupancy as' a dwelling unit and must" meet otherwise applicable Code requirements. --~ B. Other Caretaker. The Board may permit Cazetaker Dwelling Units`up to seven hundred (700) ,.......,. y,, squaze feet on arty size lot ih the R-30, AFR-10.: AFR-2, RS 20, RS-30 and RS-160 zones. The Board ma aproved outbuilding, or detached. All sirchu~rrr~dmay~be proved nndep the f flowing cthond tioro~anld ..limitations: I. The total floor area of the principal and caretaker unit shad not exceed the allowable FAR of the applicable aone'distnct. 2. There shall be provided one (1) off-street parking space for each bedroom within the principal unit and one (lj off-street parking space for each bedrooii in the caitaker unit. 3. The applicaht shall by deed restriction or other permanent commitment nuuung with the land, ocpied by the owner orrspouse; be l~united two roccupancy by not rnoie than' two (adults, ands related„ taAS) 186 3-150.130 c:uldren, who qualify as (and have been found by the Sousing Authority fo be) employees of the community under such, guidelines as may be from time to time established by said `Authority; be rented for terms not less than six (6) months if rented. The caretaker dwelling may be occupied by members of the immediate ,.. family even though they may not qualify as employees of the. community. "Immediate Family" sh'a~ll'mean a person related by blood or uiamage who is a first cousin (or closer relative) and his or her children. 4. The caretaker dwelling unit restriction may be removed by the property owner upon approval by the Board, subject to the requirement that the dwelling is removed or modified. If modified; the remaining improvements must no longer be capable of occupancy as a Dwelling Unhand must meet otherwise applicable Code requirements. '. ' 1. '~ S 1 ~ i,, 4'l:;LSf, JR1i }~., _.. _'~ ~'Lt~U:] :. e yr,y r3'l ..ilK. (l _L~', fh +.S ;~1nr'. ;.IJ'; 1. u..i \,~ .. ~:;:.G'.;Cl oY . -nu~3G i.~ y _ Ct._,. JT .."=e L.CI~ .. ~ ,la# r.o~lte vu .Ua .y^'~n jy :1fi L` .. .J,~;iv~. ~ ,.~~ -, C, _ ~,d,3~ , C. Cazetaker Units-Ouibuildinas: 7fie Board may permit one Caretaker llwelling Unit not to exceed seven hundred (700) square feet, to be located within a properly approved outbuilding on any lot within tfie R-30, AFR-10, AFi2-2, RS-20, RS-30 arid RS-ib0 zone. districts under the following conditions and limitations: 1. The total flror area ofthe nnci ai and caretaker umt shall n p ' ~p ~, of exceed the allowable FAR; of the applicable zone district. 2. There shall beprovded one (1) off-street parking space for each bedroom within the principal unit and one (1) off-street parking space foreach bedroom in the caretaker unit. "' ' 3. The applicant shall by deed iestriction or other permanent commitment naming with the lani guarantee that the caretaker unit shall not be required t9 be rented; not be condominiumized or sold; be limite to occupancy by not more. than two (2) adults, and related children, who qualify as (and have been foun by the Housing Authority to be) employees of the community under such guidelines as may be rented fe terms not less than six (6) months if rented. The Caretaker Dwelling Unit may be occupied by members c the immediate family even though they may not qualify as employees of the community. "Immediate Family shall mean a person related by blood or marriage who is a first cotrsia (or closer relative) and lus or he children. 4. The Caretaker Dwelling Unit restriction may be removed by the property owner upon approval of the Board, subject to the requirement that the dwelling is removed or modified If modified, the retaining improvementsmust no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. (Ord. 95-6 § 1, 1995: brd. 95-3 (part), 1995) 3-150140 Essential,. Community Facilities The development of essential governmental and community ~faciliffes is exempt from GMQS subject to compliance with standards in this secton.'Refer to Sections 4-b0 and 4-60.90 for procedures an~ Section 5-60 for submission contents. A. General: To be eligible for a GMQS exempfion an applicant must demonstrate the development: 187 c4~ --- - ,- , .,. r vn, : a, .r M- .. - ..~ M ' ~-~" _ *"`.'P~ ~°.^.°.,e~SF~CZe'~°:'rC: {-v`T'~..5- " k4: nY± ~1 .. In .j S., _ ' ' i . ,... ;.: P ~, - As en/Pitkin Commnni"„ r ,.., :~.~.,_~. ..:. ,.„a:;.s~,;= ~., ., ; Development Department " 130 Soutii Galena SEreet ' Aspen, Colorado 81611 :: ' '(970)92®-5tl9b:.. ~....,. ' ,. " , ' • ~ .-c: «.,,_: s,°;:' , ;, Ci ` and Bi t1' pP , . . ca Fees . _.. ..; , h er 85o=04Y D"e o p sit - i fi3855-042' . .. - F]atF'ee' i ..... rl 1 i, -63860-043 1IPC t t i - ~,a . „i X388-5-26$ ... ,,._,...._.,... .- PublicRigfit-of -Way ,..,. - ... _ ,:,,.~.}, 's ' 63875-046 ~ 1'etmi2 ' ---. Zonin' ec'Si n "" g g-~ ..~~.~ '~ ^- -MROII Use Tax ----.. _, - _...ea.^,a ~ 10000-67100-383 Parki)edicaticin „-_- .... ,. -. . - ; f:avi I 15000=63050~4R0 AHCommercis]'" I _ ' 45070-6365-482 A"~1`kesrdenfia$ "~ ' County Land L'se Ap plicat`iori"Feesi ~ '- ' r 1 ` F ~ ' O(11li-63800-033 G Deposit ~(~ ~~ o ~- ~ _' i -63805-034 ~. Flat flee " " : Mr~~,,, _ -63820-037 Zonmg' -" - ~- ` i - =63825-038 ' _ Board'~bf Adjusiment - '-- "" '_ , " ~' ~ .Referral Fecs:. `;'i,:F,j:~ , ': ' i, " 00113-6.98iG-0'35 CruntyEngirieer ' 00 1 1 5-63 3 4U=t63 ..:. City~ngiiieer ~ . . ^'" t~~.%"~ ; - 62023-633'10=IzJ0 -" ~~- """F]iiusiilg r' ~ - ..-.- N4,.. wz ' 00125-63340-265 _ -Environmental health _ ~ 00 1 13-6381 5-03 6 __-r-~~~ Corlnt<~Clerk ~, ; 00113-63812-2D2 WildlifeOt~cer "" '" " -' ' , I 7 ',:; Sales: - -.,.; C~~ . ~ .. ,. 00t 13-638;0-039' ~,ouniy Code' -:;:~ -69000-145 "' Copy Fees,., ... ,_ ~ , - - n 'i-~'ik' i~ Other E -- -:. , , . . .: _, . ~ , , - Total ~~,~',U . ! Dom. r,~ G 'i ' Name: ,. ,~,;~ Date:3~,f,~ Check ' : -- A~ress: ~C` ~~ti-L~,cI.F~ '~ ~ Project 4-' i ya. ?~ ~`[ Case No ~ ~ ~'"t- ~ °~' , , i v . _ , Phon~o~~ ~{ ( J ( 5~ ~ ~ No of Copies ,. n.A ,,~ ~,h„