HomeMy WebLinkAboutpitkin.planning.273511203003DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
PARCEL IL)i~ 2735-112-03 003 '- DATE RCVD: 10/14/1999 !f COPIES:jB CASE NO P142-99
CASE NAMEi Pfeifer PUD, Lot 3 Minor Plat Amend Planners Brian McNellis
PROJ ADDR:~0182 W Tiehack Rd Lot 3 Pfeifer PUD
OWWAPP: Jack & Lisa Oudt ADR~~r C/52:~~~ PHN:~-
REP: Francis Kdzmanich ADR: 0079 Light Htll Road 'C/S2: Snowmass, CO 81654 PHN: 927-4263
Email Addr. ~: ~ ALLOCATED HOURS:~-
~~ ,
FEES DUE: 460 + 160 eng FEES RCVD: 620 ^~ OVER: ~-
REFERRALS!Attorney, Zoning, Engineer ~~:
~i i it ~i~ d i .:
,S ~ REF: 10/16/1999: BY TKT ! DUE: 11/5/1999
,n.„ 7th' i~ ~ i ~ , ~ ,
~-`'M'SG DAT'E~ REV BODY PH NOTICED DATE OF FINAL ACTION: 11/8/1999
~... Admin No ~ gOCC.Reso:
m
No ~ BOCC Ord: ~~
REMARKS. I PZ: ;..~~
HRG OFF:
CLOSED: 11/8/1999 BY. TKT HO INDEX: ~~
~, i~,~
;~ ,,~' , ` ADMIN: 997
PLAT RECORDED 11/17/99 PLAT (BK,PG): B51 P76 #437800 '; ADMIN INDEX:
i
VR APPR4V~AL DATES~r- VR EXPIRES:~~~ `
pi~,d ~~-x it r~ ~ „ ,
CASEaTYP ~' Minor Plat Amend CASE TYP5:
' CASE TYP2 ~ CASE TYPE:
i «~ a ~~ ~ ~. , .
CASET'{P3:, ,CASETYP7,:A '.
CASE TYP4: ~~~~ Date Scanned: 7/23/09 -
n.,
File Lowtlon;: ~ Box 168
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT
DIRECTOR OF PITHIN COUNTY GRANTING APPROVAL TO THE PFEIFER
PUD, LOT 3 MINOR PLAT AMENDMENT
Determination No. Admin. 99-~`~
RECITALS
Pursuant to Section 3-190-080 of the Land Use Code, John Oudt ("Applicant")
has applied to the Community Development Director of Pitkin County, Colorado,
hereafter "Director" for a Minor Plat Amendment to the Pfeifer Subdivision
approval granted by the Board of County Commissioners pursuant to Resolution
No. 95-86.
2. The proposed amendments require administrative approval by the Community
Development Director as provided in the Land Use Code Section 3-190-080.
Staff has reviewed the proposed requested amendments subject to the standazds of
Land Use Code Section 3-190-080 and has recommended approval of the request
based on compliance with this Section.
NOW THEREFORE, BE IT DETERMINED by the Pitkin County Community
Development Director that the plat of the Pfeifer PUD is heazby amended to establish an
access envelope as shown on the "First Amended Plat of Lot 3, Pfeifer Planned Unit
Development", executed by John Oudt and signed by the Community Development
Director and recorded as Reception No.
APPROVED:
~bu,,,R` ~~2 ~'N G(( Date $(~
Cindy Houben
Community Development Director
K~ito~ a~3~-11~.-0"~-oa3
1014-`l9
I IIIIII IIIII IIIIII I'I'I IIIII I'II' IIIIII III I'I'I IIII IIII
437613 11/09/1999 02:31P RDNIN DE DRVIS SILVI
1 of 1 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
~• ,:~8.?,Oc9 ~-785 F'-958 x,..7/05/95 Oc:ScP GG 1 OF `~` REC DOC N~
SILVIR DRVIS PITKIN COUNTY CLERK & RECDRDE'!!~ 0.00
RESOLIITION OF THE BOARD OF COIINTY COMMISSIONERS
OF PITKIN COIINTY, COLORADO, GRANTING FINAL PLAT
APPROVAL TO THE PFEIFER SII~B/DIVISION
Resolution No. 95- D'~
RECITALS
1. Friedl Pfeifer Aspen Real Estate Irrevocable Trust,
hereinafter "Applicant", has applied to the Board of County
Commissioners (hereinafter "Board") for Final Plat approval
pursuant to Section 5-4 of the Land Use Code.
2. The applicant proposes to subdivide a 6.8 acre site into
three lots containing 1.51 acres, 2.83 acres and 1.2 acres,
respectively.
3. The Planned Unit Development received General Submission
approval pursuant to BOCC Resolution 93-67, and Detailed
Submission approval pursuant to Resolution No. 94-170.
4. The subject parcel is located south of State Highway 82
just north of the Tiehack/Buttermilk Ski Area, more
specifically described in Exhibit "A".
5. The parcel is zoned AF-2 PUD.
6. The applicant proposes to subdivide approximately 6.8
acres into three lots of 1.51 acres, 2.83 acres and 1.20
acres, respectively.
7. The Board heard the application at a public meeting on
May 10, 1995, at which time the Board determined that the
application complies with all applicable Code sections.
NOA, THEREFORE, BE IT RESOLVED by the Board that it hereby
~...
?,830c8 P-785 F'-95~r„s07/05/95 0c:5cF' P6 0 Of ~,
Resolution No.95-
Page 2
grants approval of the Pfeiffer Subdivision Final Plat subject to
the following conditions:
1. Concurrent with recording of the Final Plat, the applicant
shall record the Environmental Health Department-approved air
quality plan addressing PM10 mitigation.
2. Prior to issuance of earthmoving, excavation or building
permits, the applicant shall submit a fugitive dust plan to
the Environmental Health Department.
3. Prior to issuance of a building permit for the first free
market residence, the cost estimate associated with the
Improvements Agreement shall be revised to include $2,500 for
weed control over a 10 year period. Financial security shall
also be provided for landscaping costs identified on the cost
estimate ($60,000.00, including cost of revegetation). The
improvements agreement shall be revised to state that no
property within the project may be sold, or building permits
issued, until infrastructure is complete, or the applicant
shall provide financial security for all infrastructure, to
ensure that it will be completed.
The Improvements Agreement shall be revised to include the
following statement:
"If the Board of County Commissioners determines that any of the
required improvements are not constructed as provided in the
Agreement, including reasonable provisions for the correction of
deficiencies upon notice thereof, the Board may draw upon the letter
of credit (or other approved security) as may be necessary to
complete the improvements in accordance with the specifications
included in the Improvement Agreement."
The improvements agreement and cost estimate shall be recorded
concurrent with the final plat.
4. No development, including grading or vegetation removal shall
be allowed outside of the building envelope, with the
exception of access roads, utility installation, the proposed
golf cart path and landscaping and associated irrigation
identified on the landscape plan. With the exception of the
berm shown adjacent to the common open space area, landscaping
shall not change the natural grade outside of the building
envelope.
5. Prior to recording of the Plat, a Plat note shall be added
stating that on Lots 1 and 3, driveway alignments from the lot
lines to the building envelopes shall be located on slopes of
15$ in grade or less, and located to avoid the removal of
38::,OJ:~B $-785 P-960r...~D7/05/95 O:::ScF' PG 3 OF_,..-
Resolution No.95-~
Page 3
Aspen trees to the greatest extent possible. Final driveway
alignments for Lots 1 and 3 are subject to Community
Development Director approval prior to issuance of a building
permit to ensure that alignments comply with this condition
of approval.
6. Covenants shall be revised 'to include the following
stipulations for the common open space area delineated on the
final plat:
- The common open space area shall be limited to passive
recreational uses (including golf course landscaping);
and
- Within the common open space area, structures shall be
limited to the berm identified on the landscape plan; and
- Other improvements within the common open space area
shall be limited to the access and trail easements and
landscaping identified on the Landscape Plan.
7. All utility line extensions shall be located within the
Subdivision road and driveways.
8. Drywells shall be constructed on individual homesites to
mitigate drainage of the hard surfaces on individual lots.
9. Topsoil shall be stripped, stockpiled and used at the
conclusion of construction for revegetation. Stockpile
location and sedimentation ponds shall be identified as part
of the excavation and/or earthmoving permits and approved by
the Community Development Department and the County Engineer.
10. The following revisions shall be made to the covenants prior
to, or concurrent with recording of the final plat:
a. Paragraph 8.1 shall be clarified to state that Home
Occupations, as defined in the Land Use Code, are not
considered to be commercial uses.
b. Paragraph 8.17 shall be revised to read, "Except for
ordinary and reasonable pruning, and that required to maintain
wildfire hazard mitigation, owners of lots may not cut or
alter trees, bushes or natural vegetation except with the
approval of the SARC."
c. Paragraph 8.25 shall state that lighting plans must be
approved by Planning Division Staff prior to issuance of a
building permit.
d. Covenants shall be revised to note which items are
38:,028 P'-785 P-961 Y~ / ~~5~55 ~2:5'c'P PG 4 OF ..s
Resolution No.95- ~4
Page 4
required by and enforced by Pitkin County.
e. Paragraph IV A - Revise to read, "The floor area of each
primary residence shall be limited to 6,000 square feet as
defined by Pitkin County Codes. Building height for primary
structures is limited to 25 feet to the mid point of the roof,
measured according to Pitkin County regulations in effect at
the time of building permit application. Accessory structures
shall comply with Pitkin County height regulations in effect
at the time of building permit application."
f. Paragraph IV B - Eliminate wood shingles from allowed roof
materials.
g. Paragraph V - note that the building envelope must be
fenced during construction.
h. Paragraph VI, Section 9.5 - reserves the declarant's right
to locate, construct, maintain and relocate irrigation ditches
anywhere on the property with the exception of the area within
the building envelopes. Construction or relocation of
irrigation ditches shall be subject to Pitkin County 1041
Regulations in effect at the time of the proposed ditch
construction.
i. Covenants stipulate that exterior lighting within the
building envelope shall be invisible from the public
viewplane. Covenants shall be revised to specifically
prohibit exterior lighting outside of the envelope.
11. For employee housing mitigation, the applicant shall provide
two, three bedroom Category 1 rental units and one, one
bedroom Category 1 rental unit within the Maroon Creek Club
Employee Housing project. The deed restrictions shall be
provided to the Housing Office prior to issuance of the
building permit for the first free-market residence within the
Pfeifer Subdivision.
12. Prior to recording of the final plat, the following revisions
shall be made:
a. A plat note shall be added stating that lot setbacks have
been established through the PUD process. Where the building
envelope line varies from the underlying zone setback, the
building envelope line shall be recognized as the approved
setback. The delineation of underlying zoned setback lines
shall be removed from the plat.
b. House size and height restrictions shall be noted on the
plat as approved PUD variances and restrictions.
383@c8 B-785 F'-96.. @7/@5/95 @2:5'~=F' F'G 5 OF,,~,
Resolution No.95-~
Page 5
c. A note shall be added stating that the nordic trail is
dedicated to the County for year-round use by the general
public. The applicant shall record a written easement for the
trail concurrent with recording of the final plat.
d. A signature block shall be added for mortgagees and
lienholders, if any hold an interest in the property.
e. The 1041 warning and disclaimer shall be updated to
include following language:
"The provisions of these regulations do not in any way assure or
imply that areas outside of designated hazards will be free from
hazards, or that approved mitigation measures will guarantee the
safety of the property."
f. The title of the exhibit shall be revised to read,
"Pfeifer Final Plat."
13. To mitigate geologic hazards, the following measures shall be
adhered to:
a. Prior to building permit application, residential
foundation designs shall be approved by a Colorado
registered professional engineer.
14. The following wildfire mitigation measures shall be taken and
maintained:
a. All vegetation except low growing grasses and forbs shall
be cleared within 10 feet of residential and accessory
structures.
b. Brush and trees within the subdivision boundaries shall
be thinned and maintained within 60 feet of residential
and accessory structures on the downhill side and within
45 feet on the other three sides. Thinning shall result
in patches of brush with l0 feet of space between the
crowns and trees spaced so that crowns do not touch or
intermingle. Exceptions shall be made for large mature
aspen, as thinning could lead to health problems.
c Non-combustible roof material including tile, asphalt,
metal or Class B Certi-Guard (registered brand name) Red
Label shakes and shingles utilizing Class B construction
techniques (1/2" minimum solid sheathing) or better,
shall be required for all structures in the subdivision.
d. Owners shall be required to remove tree branches hanging
within 15 feet of chimneys.
e. All new utility lines shall be installed underground,
within road and driveway alignments.
f. Prior to issuance of the first building permit, the
383iD2B ~ P~785 F'-96.j
~,~0JI9J 0c:5cG F'G 6 OF 9
.....
Rflsolutioa No.95-dam
Paqe 6
applicant shall provide two new fire hydrants, placement
of which shall be specified by the Fire Marshall for fire
protection of the proposed residences and the Powder
Pandas facility.
g. Residences within the subdivision shall contain interior
sprinkler systems if required by the Aspen Fire District.
15. Prior to recordation of the Final Plat, the applicant shall
provide an executed water services agreement with the City for
provision of services to the Subdivision.
16. Prior to issuance of any excavation or building permits,
access permits shall be obtained from the County Engineer.
17. The Powder Pandas Road shall be improved to comply with County
Country Access standards, and individual driveways shall
comply with County driveway standards. The subdivision
driveways shall be paved.
18. The subdivision shall comply with all County air quality
regulations in effect at the time of issuance of any building
permit.
19. Revegetation of all areas disturbed by development shall occur
within one year of construction.
20. Prior to issuance of a building permit, lot owners shall
submit lighting plans for Planning Office approval, to ensure
that outside lighting complies with Pitkin County standards,
and restrictions in this approval.
21. Prior to issuance of any excavation or building permit, each
lot shall be reviewed under Federal Air Regulation Part 77,
by the Airport Manager.
22. Prior to recording of the Final Plat, the applicant shall
contribute $235.60 to RFTA to mitigate the cost of capital
impacts on the Authority.
23. All Final Plat documents shall be recorded within one year of
date of signature of approval on this Resolution by the Board
Chairman.
24. Prior to recording of the Final Plat, the subdivider shall
provide certification from the County Treasurers' Office that
all ad valorem taxes applicable to the subdivided land have
been paid for all years prior to 1995, or the subdivider shall
escrow in cash the total amount of taxes due at the time of
filing as shown in the Treasurer's records, or shall post a
surety bond with the County equal to 1 1/2 times the amount
of taxes due at the time of filing.
~:_
38.Q~cB, P-785 F'-~J~,,,r O7~QIJ~9J Q~~:52G F'6 7 9
Resolution No.95-~
Page 7
25. All material representations made by the applicant in the
application and in public meetings shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
APPROVED AND ADOPTED ON THE 10TH DAY OF MAY, 1995.
APPROVED AS TO FORM:
C~G~6~1
YYi
a-a~iaq County Attorney
/}ts. s 7~-wn
HOARD OF COIINTY COMMISSIONERS
OF PITRIN COIINT COLORA O
Hy ~ .
MichA~l ~d/~~irman
Date~lT
APPROVED AS TO CONTENT:
uzanne onchan,
mmuni y Development
irector
els
reso_pfe_fp
~s.~ro1Y~~ vii 1~/~3 09:39 Rec $, 00 Hf: 721 PG ,4pg
Salvia-Davis, Pitk•in Cnt!"'`'rlerk, Doc S.Op
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x1-IEDiJLE A
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~.~,sr No. 400058-C3
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ring the Land in the State of CoForado, County of Pitkln, Oescrlbed as follows:
Government Lots 19 and 20 of Section 2;
Government Lots 13 and 14 of Sactton 3;
Government Loos 1 and 2 of Section 10; and
Government Lot 4 of Section 11
Alt tying wlthtn Township 10 South; Range 85 West of the 6th P.M.
EXCEPT that tract of Eared as conveyed by Robert W. Ferguson to the County of
Pitkin by Instrument recorded June 79, 1930, in Book 158 at Fags d40 and also
EXCEPT that tract of land as conveyed by Frtedt Pfeifer to Roy Vroom by
tnstrumant recorded November 5, 1958, In gook 185 at Page 424 end aiso
E.XCFpT that tract of land as conveyed by Frtedt Pfeifer to the HutterAtiik
Mountain Skiing Corporation by instrument recorded December 17, 1958, in Book
186 et Page 200•and also
!EXCEPT that tract of land as conveyed by Frtedt Pfeifer to the Buttermilk
Hountatn 5kftng Corporation by instrument recorded July t3, 1959, in Hook 188
at Page 126 and•elso
EXCEPT that tract of~land as conveyed by Frtedt Pfeifer to A.G. Bainbridge'and
Jean Bainbridge by Instrument recorded November 28, 1966, In Book 22d at Page
129 and corrected by Instrument recorded March Z1, 1972, In Book Z62 at Page
112 and also
.. E)CCEPT that tract of land as conveyed by Frtedt Pfeifer to A. G. Ba[ct•-•'dge
and Jean Bainbridge by Instrument recorded July 13, 1967, in Hook 22. Page
"" 61 and rerecorded July 19, 1967, (n Book 228 at Paga 113 and also
EXCEPT that track of tared as conveyed by Frledt Ptelfer to Wtlllam E. Clark
and Lots P. Clark by instrument recorded January 29, 1968, In Hook 233 at Page
34 and rerecorded March 21, 1968, in Hook 234 at Page 76 and aiso
EXCEPT that tract of land as conveyed by Frtedt Pfeffer to Virginia Aspen
Corporation by Instrument recorded May 13, 1964, Tn Hook 141 at Page 17 and
also
. EXCEPT that tract of land as conveyed by Frtedt Pfatfer to VTrglnta Aspen
Corporation by instrument recorded May 13, 1969, in Book 241 at Page 18 and
al So
EXCEPT that tract of land as~conveyed by Friedf Pfeifer to Vtrginta Aspen
Corporation by instrument recorded may 13, 1969, !n Book 241 at Page 20 and.
corrected by instrument recorded September Z6, 1969, to Book 243 at Pags 531
and also ..
EXCEPT that tract•ot land as conveyed by Friedf Pfeffer to Wtitiam Warren
House by instrument recorded January Zt, 1970, in Hcok 246 at Paga 193 and
corrected by instrument reeordad March 21, 1972, in Book 262 at Page 116 and
also
EXCEPT that tract of tend as conveyed by•Frtedl Pfatfer to Lois P. Clark and
Paut~P. Clark by instrument recorded March 27, 1970, in Book 247 at Page 649
and corrected by instrument recorded September 17, 1970, in gook 250 at Paga
739 and also
~Continued7
315809 P-765 P-638 1@/'~?/94 05:56A F'G 9 OF 1G
363x28 B-785 P-965 07/QISI95 02:52P F'G 8 OF 9
__ _ _
__-__ ---
_ _ :.._ _: ... _.92651% P.03
4obu~v liri/ 1~~3" 09:39 Rec 5. UO HK 72I PG T06 '
- SiL"via Davis, Pitkin Cy Clerk, Doc 5.00 -~
vntTment No. 400038 -~
.~ .
3: ~SCRiPTiON -continued
EXCEPT that tract pf land es conveyed by Friedt Pfeffer to Louts 6. Kaufman a»d
DorotAy S. Kaufman by Instrument recorded October 28, 1971, in gook 258 at Page
874 and also
F~(CEPT that tract of land as conveyed by Fr{edt Pfeffer to Patrick He»ry Jr. and
Kriste» Henry by instrument recorded July 1Zi 1972, in Book 26d at Page .497 and
slso
EXCEPT that tract of land as conveyed by Frtedl Pfalfer to Capifial Improvement
Corporation by instrument recorded February 8, 1973, in Book 272 at Page 401.
3758@9
B-765 P-639
I@/7/94 @9:56A GG 1@ OF 1@
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B-785 G-9E E. @7/@5/95 @2:5c^P PG 9 OF 9
MEMORANDUM
DATE: November 5, 1999
TO: Cindy Houben, Community Development Director
FROM: Brian McNellis, Planner
SUBJECT: Pfeifer PUD, Lot 3 Minor Plat Amendment
REQUEST: The applicant requests administrative approval for a Minor Plat
Amendment to establish an access envelope for Lot 3 of the Pfeifer PUD.
APPLICANT: John Oudt
APPLICANT'S REPREENTATIVE: Jack Miller
LOCATION: The base of Buttermilk/Tiehack Ski area near the Powder Pandas facility
and adjacent to the Maroon Creek Club property.
PROCEDURE: Administrative Review
BACKGROUND/DESCRIPTION OF PROPOSAL: The Pfeifer PUD was granted
final approval on May 10~h, 1995 pursuant to Resolution No. 95-86. Condition No. 5 of
the resolution stated that, " ...building envelopes shall be located on slopes of 15% in
grade or less, and located to avoid the removal of Aspen trees to the greatest extent
possible. Final driveway alignments for Lots 1 and 3 are subject to Community
Development Director approval prior to issuance of a building permit to ensure that
alignments comply with this condition of approval."
STAFF ANALYSIS OF PROPOSAL: The following is a summary review and
analysis of the applicant's proposal relative to Section 3-190-080
A subdivision exemption for a minor plat amendment may be permitted subject to
compliance with the standards in this section.
A. The amendment increases or does not affect the degree of compliance with Code
standards.
Staff Comment: The proposed change is an amendment for access to an approved
subdivision and does not affect the degree of compliance with Code standards.
B. The amendment is being made to a recorded plat which has been approved by Pitkin
County.
Staff Comments: The original plat was approved by the Pitkin County Board of County
Commissioners on May 10` 1995.
C. The amendment is consistent with representations made during the conceptual and
detailed subdivision reviews whichever is applicable.
Staff Comments: The proposed access envelope does not encroach on slopes greater
than 15% and minimizes its impact on existing Aspen trees in compliance with the
original Resolution No. 95-86 condition No. 5.
~.,.
NOV 11 '99 04~36PM O. H.K&G
...,,
P.4
This Power of Attorney will continue to be, effective even though I become dieabled,
incapacitated, or incompetent.
Stripe and initial the preceding sentence if you do not xmit this Power ofAttotney to continue if you become
disabled, incapacitated, ar tncorgpetent.
I agree that any third party who receives a copy of this document may act under it. Revocation
of the Power of Attorney is not effective as to a third party until the third parry learns of the
revocation, I agree to indemnify the third party for any claims that arise against the third party
because of relia,,~~nce on this Power of Attorney.
Signed this ~~'day of November, 1999. ~,~
Security rl: ~f3~ -~O`F- 3e~s
STATE OF ~ )
ss.
COUNTY OED )
This document was aclrnowledged before me on the ~Z~ day of November, 1999, by John
P. Oudt.
WITNESS my hand and official seal.
My commission expires:
JUDY HUSKEY
NOTARY PUBLIC
STATE OF TEXAS
My Comm. Exp. 4-19-2001
By accepting or acting under the foregoing Power of Attorney, the agent assumes the fiduciazy
and Qtf<ier lal re~s~onsibilities of an agent,
.InYfICr. oC ICa OWB[f
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NOV 11 '99 04~36PM O. H.K&~ ~ P.5
STATUTORY POWER OF ATTORNEY
NOTICE: The powers granted by this document are broad and sweeping. They ore explained in the
Uniform Statutory Form Power of Attorney Act. If you have arty questions about these powers, obtnin
competent legal advice. This document does not authorize arryone to mate medical and other heath-care
decisions for you. You may revoke this Power gfAttorney if you later wish ro do so.
You may have other rights or poxrrs under Colorado law not contained In ihis,(nrm.
I,. I,esa B, Oudt appoint John Thomas Kelly, Esq. as my agent to act for me in any lawful way
with respect to the following initialed subjects:
To grant one or more of the following powers, initial the line in jYont of each power you are grantdng. To
withhold a pnwvr, do not initial the line in from of it, you may, but need not, cross out each power withheld.
Inldal
(A) Real Property Transactions (When Properly Recorded).
(B) Tangible Personal Property Transactions.
(C) Stock and Bond Transactions.
(D) Commodity and Option Transactions,
(E) Banking and Other Financiallnstitution Transactions.
(F) Business Operating Transactions,
(G) Insurance and Ailnuity Transactions.
(H) Estate, Trust, and Other Beneficiazy Transactions.
(I) Claims and Litigation.
(J) Personal and Family Maintenance.
(K) Benefits from Social Security, Medicare, Medicaid, or Other
Governmental Programs, or Military Service.
(L) Retirement Plan Transactions.
(M) Tax Matters.
SPLvCIAL INSTRUCTIONS:
On the following lines you may give speelal instructions IimiNng or extending the powers grouted to yore
agent:
To execute all maps, plats, amended plazs, building permit applications and other documents and
to do all acts necessary to obtain all necessary Land Use Approvals and permits for the
construction of a residence on Lot 3, Pfeifer Planned Unit Development -Final Plat, Yitkin
County, Colorado.
Unless you direct otherwise above this Power ofAnarney is e,~'ecHve immediately and will contlnue until t[
is revoked.
This Power of Attorney will continue to be effective even though I become disabled,
incapacitated, or incompetent.
$rrike oral initial the preceding sentence (fyou do not xnnt Chic Power ojAnorney to continue jfyou become
disabled, incapacitated, or Incompetent.
I agree that any third party who receives a copy of this document may act under it. Revocation
of the Power of Attorney is not effective as to a third party until the third party learns of the
revocation. I agree to indemnify the third party for any claims that arise against the third party
because of reliance on this Power of Attorney.
Signed this ~~day of November, 1999.
STATE OF I ~- ~~ S
es.
COUNTY OF _ )
This document was acknowledged before me on the ~ day of November, 1999, by Lesa
B. Oudt.
WITNESS my hand and official seal,
My commission expires:
~ py 1-IUSKEY
NOTARY PUBLIC
STATE OF Q~Aooi
MY Comm EJ~•~
By accepting or acting under the foregoing Power of Attorney, the agent assumes the fiduciary
an~d~q~l~ier~v~al~r~s~onsibilities of an agent.
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Social Secwity k: "f'~~ -~ / - lJZ ~~
~~
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NOV 11 '99 04~36PM O. H,K&G P.3
'~~
STATUTORY POWER OF ATTORNEY
NOTICE: 77te powers granted by this document are broad and sweeping. They are explained In the
Uniform J7alutory Porm Power of Attorney Act. If you have any questions about these powers, obtain
competent legal odvtce. This document does not authorize arryone m make medical and other health-care
decisions for you. You may revoke this, Power ofA.ttorney if you /crier wish io do so.
Ynu may have other rights or powers under Colorado law not contained in this ,form,
I, John F. Oudt appoint John Thomas Kelly, Esq. as my agent to act for me in any lawful way
with respect to the following initialed subjects:
To grant one or more of the following powers, itutial the line in front of each power you are granting. To
withhold a power, do not intttal the kne btJ}ont of it, you may, but need not, cross out each power withheld.
V tool
X (A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
.~, m
~_~ (~
(K)
-~. (L)
(M)
Real Property Transactions (When Properly Recorded).
Tangible Personal Property Transactions.
Stock and Bond Transactions.
Commodity and Option Transactions,
Banking and Other Financial Institution Transactions.
Business Operating Transactions.
Insurance and Atmuity Transactions.
Estate, Trust, and Other Beneficiary Transactions.
Claims and Litigation.
Personal and Family Maintenance.
Benefits from Social Security, Medicare, Medicaid, or Other
Governmental Programs, or Military Service.
Retirement Play Transactions.
Tax Matters.
SPECIAL INSTRTICTXONS:
On the following lines you may glue special instructions limiting ar extending the powers gramed to your
agent.,
To execute all maps, plats, amended plats, buildizlg permit applications and other documents and
to do all acts necessary to obtain all necessary Land Use Approvals and permits for the
construction of a residence on Lot 3, Pfeifer Planned Unit Development -Final Plat, Pitkin
County, Colorado.
Unless you direct otherwise above, flu's Power of Attorney is eb`ecdve immediately and will continue rmdl tt
is revoked.
t
ASPEN/PITHIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galeua Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
TO: Attorney
Zoning
Engineer
FROM: Brian McNellis, Community Development Departrnent
RE: Pfeifer PUD, Lot 3 Minor Plat Amendment
PID# 2735-112-03-003
P142-99
DATE: October 18, 1999
Attached for your review and comments are materials for
application will be reviewed by the Pitkin County C rn
Please return your comments to me no later tan November 5,
Thank you.
by John & Lisa Oudt. This
vent Director.
i
~-
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M E M O RAN D U M
TO: Brian McNellis, Planning
FROM: Joanna S. Schaffner, Zoning
DATE: November 1, 1999
RE: Pfeifer PUD, Lot 3 Minor Plat Amendment
Parcel ID# 2735-112-03-003
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
I have reviewed the above referenced application and offer the
following questions and comments:
1. Why is the tee box located on this lot???!!! This constitutes
development outside of the building envelope.
2. What trail traverses the building envelope? The house and
driveway are proposed over the trail. ??
3. Proposed building plans are for illustrative purposes only and
have not been reviewed for compliance with height or floor
area.
9. Development is proposed to the envelope boundary. How will
the applicant ensure that no development will spill outside of
the envelope during construction?
t
LAW OFFICES OF
GATES, KNEZEVICH ~ GARDENSW.~RTZ, P.C.
PROFESSIONAL CORPORATION
THIRD FLOOR, ASPEN PLAZA BUILVING
533 EAST HO PKINS AVENVE
ASPEN. COLOFADO 61611
LEONARD M. GATES TELEPHONE 19701920-ITOO
RICHARD A. KNEZEVICH FACSIMILE 1901920-I 121
TED D. GAROENSWART2
DAVID B. KELLY B-7211 Ohkg®fOf. fl¢[
DAVID B. MUELLER October 12, 1999
OF COUNSEL'
JOHN THOMAS KELLV
Lance Clark
Pitkin County Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Final Plat /Lot 3, Pfeifer P. U.D., Pitkin County, Colorado
Dear Lance:
The undersigned, being an attorney duly licensed to practice law in the State of Colorado, has
examined the Title Insurance Commitment issued by Pitkin County Title, Inc. and the applicable records
of the Clerk and Recorder of Pitkin County, Colorado, and find the property vested, in fee simple, as
follows:
John F. Oudt and Lesa B. Oudt, as Joint Tenants
subject only to those items as contained in the Warranty Deed dated August 23, 1999, a true and correct
copy of which is attached hereto.
Very truly yours,
GATES, KNEZEVICH & GARDENSWARTZ, P.C.
~~
B '
o n T. Kelly
JTKlamc
Enclosure
C:\DaWV'rK\Clienls\Oudt\Ltr Clark 10-12-99.wpd
Recording requested by:
John Kelly, Esq.
And when recorded mail to:
John Kelly, Esq.
Oates, Knezevich & Gardenswartz
Third Floor, Aspen Plaza Building
533 East Hopkins Avenue
Aspen, Colorado 81611
.~~~- o~
GENERAL WARRANTY DEED
Friedl Pfeifer Aspen Real Estate Irrevocable Trust No. 1
("Grantor"), with an address of c/o Norwest Bank Iowa N.A.,
Trustee, 666 Walnut Street, Des Moines, Iowa 50309 Krabacher Law
Offices, a professional corporation, 201 North Mill Street, Suite
201, Aspen, Colorado 81611, for Ten Dollars and no/100 ($10.00) and
other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, hereby bargains, sells and /
conveys to John F. Oudt and Lesa B. Oudt'~'whose address is 1200
Western Avenue, Fort Worth, Texas 76107, the following real ;.'~/
property (the "Property") in Pitkin County, Colorado;
~- tis ~~~n~r~~~~~ 4-s ., , L
Lot 3, Pfeifer Planned Unit Development-Final Plat, according '~`~
to the Plat thereof recorded August 24, 1996 in Plat Book 40 at ~ /,
Page 3 and re-recorded August 30, 1996 in Plat Book 40 at Page ``~/ ,
17, Pitkin County, Colorado.
together with all its appurtenances and WARRANTS the title against
all persons, subject to taxes for 1999 and thereafter, and except
and subject to those items set forth on Exhibit A attached hereto
and incorporated herein by this reference.
GRANTOR:
Date: August 23 1999 FRIEDL PFEIFER ASPEN REAL ESTATE
IRREVOCABLE TRUST NO. 1 DATED
DECEMBER 20, 1988
Michael R. Hyzer, ice President,
Norwest Bank Iowa, N.A., Trustee
STATE OF IOWA )
ss.
COUNTY OF Ro ~ I~ )
The foregoing instrument was acknowledged before me August
~, 1999 by Michael R. Hyzer, Vice President, Norwest Bank Iowa,
N.A., Trustee of the Friedl Pfeifer Aspen Real Estate Irrevocable
Trust No. 1 Dated December 20, 1988.
My commission expires .S~$-,~2%}C~:~
Witness my hand and official seal. ~'
i
.""`•„ LAURAL MAT .~ / ~CC YC ~~~.C~
_° MY COM MISSIDN [XMIItS NOtaY'}~ Pllb11C
f 1!!.Y 20, 2002
Yfelfer\1GWl~. fll
Page 1 of 2
`~+ v,,
Exhibit A to General Warranty Deed
1. Right of the proprietor of a vein or lode to extract or remove
his ore therefrom, should the same be found to penetrate'or
intersect the premises hereby granted as reserved in United
States Patent recorded June 16, 1944 in Book 167 at Page 562.
2. Terms, conditions, provisions, obligations and all matters as
set forth in Resolution of the Board of County Commissioners
recorded August 19, 1993 in Book 721 at Page 699 as Resolution
No. 93-67.
3. Terms, conditions, provisions, obligations and all matters as
set forth in Resolution of the Board of County Commissioners
September 26, 1994 in Book 762 at Page 309 and re-recorded
October 27, 1994 in Book 765 at Page 630 as Resolution No. 94-
170.
4. Terms, conditions, provisions, obligations and all matters as
set forth in Resolution of the Board of County Commissioners
recorded July 5, 1995 in Book 785 at Page 958 as Resolution
No. 95-86.
5. Terms, conditions, provisions, obligations and all matters as
set forth in Resolution of the Board of County Commissioners
recorded July 11, 1996 as Reception No. 394632 as Resolution
No. 96-180.
6. Terms, conditions, provisions, obligations and all matters as
set forth in Subdivision Improvements Agreement recorded
August 30, 1996 as .Reception No. 396594 and Amendment thereto
recorded August 1, 1996 as Reception No. 395465.
7. Those terms, conditions, provisions, obligations, easements,
restrictions, assessments and all matters as set forth in
Protective Covenants for Pfeifer PUD recorded August 30, 1996
as Reception No. 396593, deleting therefrom any restrictions
indicating any preference, limitation or discrimination based
on race, color, religion, sex, handicap, familial status, or
national origin.
8. Easements, rights of way and all matters as disclosed on Plat
of subject property recorded August 24, 1996 in Plat Book 40
at Page 3 and re-recorded August 30, 1996 in Plat Book 40 at
Page 17.
9. Encroachments and all matters as disclosed by Survey of River
City Surveys, LLC dated November 23, 1998 as Job No. 98143.
10. Terms, conditions, provision and obligations as set forth in
Golf Easement recorded March 26, 1999 as Reception No. 429183.
Page 2 of 2
4
Table of Contents
I. Introduction
II. Minor Amendment Criteria
III. Attachments
1. Pre-Application Form
2. Proof of Ownership
3. Authorization
4. Letters of Approval from owners of Lots 1 and 2
5. Photograph of Site
6. 24 x 36-inch Topographic Survey and Final Plat showing the proposed
driveway alignment and access envelope for Lot 3. Attached separately.
I. INi'f~06gCTION
This application for a Minor Plat Amendment is submitted on behalf of John and Lesa
Oudt the owners of Lot, 3 Pfeifer PUD. The Applicants request approval to locate the driveway
access to Lot 3 as shown on the attached amended plat. The construction of a driveway in the
approved location will place it within an azea that minimizes the removal of aspen trees and avoids
azeas in excess of 15% slopes. Existing and proposed landscaping will insure that the driveway
will have negligible visual impacts on adjacent properties. A photograph included as attachment 5
shows that existing vegetation and extensive landscaping will completely screen the driveway
~' from adjacent properties and public rights-of way. The Applicants have contacted the two other
property owners in the subdivision and both have approved the proposed driveway design and
location; these letters and associated site plans are included as attachment 4.
The attached application will address the Land Use Code Sections for a Minor Plat
W Amendment, Section 3-190-80. If additional information is needed by the Planning staff, the
Applicant will make every attempt to provide the requested information.
II. MINOR PLAT AMENDMENT
This application is submitted as a Minor Plat Amendment pursuant to Section 3-190-80 of the
Land Use Code. The following section will address the criteria outlined in Section 3-190-80.
Criteria A: The Amendment increases or does not affect the degree of compliance with
Code Standards.
APPLICANT'S RESPONSE: The proposed access drive on Lot 3 is shown on
the attached 24x36 inch site plan. The Final Plat for the Pfeifer Subdivision was
approved by Boazd of County Commissioners Resolution Number 95-86.
Condition #5 of that Resolution states: "5. Prior to recording of the Plat, a note
shall be added stating that on lots land 3, driveway alignments from the lot lines to
~. the building envelopes shall be located on slopes of 15% in grade or less, and
located to avoid the removal of Aspen trees to the greatest extent possible. Final
driveway alignments for lots 1 and 3 aze subject to Community Development
Director approval prior to issuance of a building permit to insure that alignments
comply with this condition of approval. It is the applicants opinion that the
proposed driveway alignment complies with the above condition of approval
because it avoids the removal of Aspen trees to the greatest extent possible-the
proposed alignment primarily impacts gambel oak and servicebe~ry. The proposed
alignment also avoids slopes in excess of 15% grade. Because the proposed
driveway splits on its final approach to the home, the Planning Staff has required
the Applicant to submit a Minor Plat Amendment to insure that vegetation
disturbance is minimized. The attached 24x36 Amended Plat is being submitted to
insure compliance with Condition #5 outlined above.
2
Criteria B: The Amendment is being made to a recorded plat which has been approved by
Pitkin County.
APPLICANT'S RESPONSE: The Final Plat of the Pfeifer PUD Subdivision has been
approved by Pitkin County.
Criteria C: The Amendment is consistent with representation made during the Conceptual
and Detailed Subdivision reviews, whichever is applicable.
APPLICANT'S RESPONSE: The Applicant has designed the driveway approach to
avoid Aspen trees and slopes in excess of 15% grade to the greatest extent possible on this
site; therefore the Amendment is consistent with representations made during previous
reviews.
3
III. ATTACHMENTS
4
ATTACHMENT 1
PRE-APPLICATION FORM
5
;ant By: ; o ~ . . ~, , ..,,., .... , .. __ ... _-,, ..., -
PtrwN couNTY
PFEIFER PUD LOT 3 PRB•APPUCATION CONF6RLNCE SUMMARY
DATE: September 1 ~, 1989
PROJlCT: PMher PUD Lot 3 Mfnor Plat Amendment
LOCATION: ' Tha parcel le located et the baae oithe ButtamttlkRlahack Bkl eras near the
prnvdsr Pendsa hclWly end adJtaeant to the Maroon Greek Gub propsRy.
Rt:PRE9ENTATIVE: Jack Miller FAX: 027-8899
.+ OWNBRI John Oudt x735`- I l a- 0 3- 0 0 3
• APPLICANT 1200 Weatem
Fort Worth, TX 78102
PLANNER: Nick Lalaek PHONE: 020-ti095
_ 1, Type of Applkatlon: Mfnor Plet Amendment,
2. Dasorlptlan of PreJectNevdopment: Appltant propoaea to amend the Pfeifer PUD plot to
establlah etn eceaa envelope Por Lot 3. Th! Applicant ahaN comply wkh Ct)ndltlon 0 of
Reealutlon 05-88, atetin0 that driveway ellgnmenta eh LoM i and 3 dom the lot !Inca ro the
buildUg snvelopsa ahap bs located vn abpea d 1 ti% M grade or leas, end boated to e~old the
removal ofAapen tnea ro gneteet extent posalble.
3, Aroas In whloh tl+s Applleant has bwn requested to naspond, fypN of reports
requested:
8seNon 3-1 0.80, nor Plat Amandmeni.
A aubdlv/abn exempllon for a minorpisf amendment maybe penrdMed aubJeot to
compllene9 with the etenderds In thla eectbn. A minor amendment la IlmiTed to lechnice! or
englneerMg oonalde-atlona tkst d/acowred durtnp actual development.
_ a. rna emendmentMoroaaea ordoes not street the degree oroompBanee wCh Code
etandarda,
B. Tho amendment /a being made ro a recorded plat whidr hea bean approved byPftkln
County; end
C, Ths amendment la conalahnt wMh reprwentelJona made during the oonceptuef end
-a defeHadaubdNlalon review, whkhswrla applbeDle.
Ssotlon 5.00-020,,Appliwtion Requiroments (see below).
_, Bectlon 6-80.030, Plat (ace beloN~.
4. Itevlew Is before: Comrnunigr Oevelopm~nt Director.
8. Publle Hearing: No.
2ii•d Ei56 LZ6 0L6 tlN1' 65:vi 66. 90 1~0
went By: ;
6. W111 be retertsd to:
• Attorney
Englneer
Zoning
T, What fee vvaa the applicant requeabd to submit:
Plenning Otq~ (deposk) 1400 (edditlonai hours are billed et a reN of S795Ihr)
Rehrral Feee roqulred:
County Englneer 5100
TOTAL DEPOSIT ~~~~
8. Applloatlon fee and the 'Agreemsnt To Pay form Cj ooplee) shalt bs submllkad with the
complete spplicetlons.
t1. I'or a oomplste spPllcadon, places Include 0 copies of the tollowing Information
unless othsrwles noted:
- A, Letter tram owner authorising the repneentetlve (one copy).
B. 8lgned fee egrsement (one oopy).
C, Tetel deposit for review of the appllostlon.
b. summery letter,aplslning the request (e:dadng end proposed oonditlone) end
addressing the Code 8eetione noted above.
~, .Callen of approves from Pfeifer PUD Loie 1 and 2 owners to amend the plat,
F, Vialnity map.
-. G building nveeope et2 oontcur ~brva egwlthln thenew poRlon of the aceoeas and bu Iding
envelopes.
H. Copy of this pn•epplioetlon form.
~~ PLEAS! NOTE: Thla pre•eppllatlon oonlarenco summery Id edvlsory In nature and not binding
- on the County. The Informetlon provided In this summery u beeedk.~nt. Addltlonel n~ortnetlon s
may be~equind upono` oompletepnvlew f the epplloetioee epPt
~ EI56 LZ6 01.6 Wlf 00:SS 66. 90 170
z~z•d
ATTACHMENT 3
AUTHORIZATION
7
Rrnt Ry• ;
FRpM KRiZI1RrJICH
R17 7A7 77fIR; Mr-R-44 A•f11PM; Papr ?iH
PFiOrE N0. :976 927 4263 Oot. 07 1999 05:13PM PS
LETI'>1R OF AU'I'HOSI7,ATTf1N
October 7,1999
AspedPitkin County
Comnnmity Development DepaCm~.ent
130 South f3alaux $4ud.
Aspen, Col~raciu 81611
We authorize Frain X. I{tiruYeaicla s:-dlex Jack Miller to repree6nt ua in the
ritKtn Cotmty Land Use review ~,uueas fur am proporiy, Lot 3, PFcifor PC1D, in
Yitldn t:outxty, Co1or~•
John Oudt
yJ ~
ues n. Oudr
~•
,, ATTACHMENT 4
LETTERS OF APPROVAL WITH ATTACHED SITE PLANS
-- 10/11/1999 09:46 3128995028 JIM CRDWN PAGE 02
.~
5EP-30-69 08=06 FROM.HOLLANDBHART ID:9709259367 PAGE 3/12
Low oF"1cEf O~
OA'x`ES. KNEZE'VIC~-I Sz GA.z~aElvswnrz~r2, P.C_
" PROFE6610~.AL CORPORATION
THIRD PLOOR, 46PEn sLASA [VILDIN6
r
9i] EA6T MOPKIN6 AvfNVf
~ 46PEN. COLORADO fIfil
TELEPNONE 19TW 920-1900
LEON4R0 N, OATC9 FAC61N1LE 1970, fSP 1121
,~ RICNARO A. KNf2LVICN
TED O. DAR06NfWARTT bmfil ebkg®rol.Det
,", DA'/ID R. KELLT September 29, 1999
-' wvlo D. NutufR ~~
NR
OF COUNf[LI
..,. JDNn 7YOM45 KELLY
"' Arthur B. Fpcguson, Jr., Esq.
Holland & Hart, LLP.
600 East Main Street, Suite 104
•• Aspen, Colorado 81611
°' Curtis Sanders, $sq.
„,,, B. Joseph Krabacher & Associates, P.C.
201 N. Mill Street, Suite 201
Aspen, CO 81611
Re: Zot 3, Pfei, fer P.U.D., Pltkin Cotalty, Colorado / Jo/tn Oudt Residence
"" pear goofs 8i Kurt:
Enclosed is the prelinlinar'Y sketch and site plan for the Oudt residence to be located on Lot 3,
"" Pfeifer P.U.D. As I believe you are both aware, the Homeowners Association as provided for in the
Covenants has not yet been formed and mote particularly the Site and Architectural Review Committee
("SARC") has not been formed. The Purpose of this letter is to request preliminary approval from all
'°" Homeowners (Lots 1 and 2) of the Pfeifer P.U.D. I would appreciate it if Particular attention be paid
_ to the driveway plan as shown on the attached Site Plan.
.. if the foregoing meets with your clients' approval I would appreciate your having Your clients
execute a copy of this letter where indicated below.
Sincerely,
..
OATES, ~{NEZL+'vICH & GARDEI'is'R'ARTZ, P.C.
yIR
John & Lisa Oudt, by John T. Kelly, their
attorney in fact
10/05/99 3'UE 09:50 Fpb 618 245 8492 NOR{9EST TRUST DEPT
~•. O~TE9, KNHZEVICF] SL GARDENBWARTZ, P,C,
9,.
~ur B. Fergusoh, Jr.; Faq.
urt Sanders, Eeq.
Septembes' 29, 1999
Pogo 2
®ooz
,.
The attachod Preliminary Sketch Plan and Sire Plan ('including driveways) ~u-e heaeliy apprvvcd, and
'^ the requirements of Se~[ion 5.3 of the Covenants (Preliminary Approval) shall be deemed satisfied.
a JS~ COLORADO TRiJST,
~. By:
James S. Crown, Trustee
Owner Lot 1 Pfeifer PUD
.~ t
. FREIDL PFEIFER ASPEN IRREVOCABLE
REAL EbTATE TRUST NU, 1
... ~
_, By,
Michael R. kllzer, ' Trustee
Owner Lot 2~-Pfeifer PUD
..
amc
nclosure
"~ MdflneftiwdeLiR W..., e.a.. M-M...+
. for ennnn•n~imo flrt. 5. A:SRAtI
AHIIY Wr1gi1:71 FfiFI 'G '1~0
.. 10/11/1999 09:46 3128995028
SEP-30-99, 08:08 FROM: HOLLAN[)&HARS
s
OAa'E8, KNEZEVICH & (3ARDENSWARTZ, P.C.
.r
Arthur B. Perguson, Jr., Esq.
'~ Kurt Sanders, Esq.
~. September 29,1999
Page 2
~,
~.
JIM CROWN PAGE 03
[D=9709259387 PAGE 4/12
The attached Preliminary 5keu.~ Plaa and Site Plan (including driveways) are hereby approved, and
~- the requirements of Sccdon 5.3. of the Covenants (Preliminary Approval) shall be deemed satisfied.
"~ JSC COLORADO TRUST
..
ey. `--~_
7 S. Cro n, Trustee
er Lot 1 Pfeifer PUD
w Z:REIDL PFEffER ASPEN IItREVOCABLE
REAL ESTATE TRUST NO. I
...
.., By.
Michael R. Hizer> Trustee
.v Owner Lot 2~ ~ Pfeifer PUD
.>..
..
°' JTKJatnc
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to . wf' i a' ~. :
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
TO: Attorney
Zoning
Engineer
FROM : Brian McNellis, Community Development Department
RE: Pfeifer PUD, Lot 3 Minor Plat Amendment
PID# 2735-112-03-003
P142-99
DATE: October 18, 1999
Attached for your review and comments are materials for an application by John & Lisa Oudt. This
application will be reviewed by the Pitkin County Community Development Director.
Please return your comments to me no later than November 5, 1999.
Thank you.
Sent By: ; 817 737 7709; Oct-8-99 3: 04PM; Pege 3/8
FROM : KRIZMRNICH PHOrE NO. :970 927 4253 -.:.yOct. 07 1999 05:14PM P2
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
PITKIN COUNTY (hereinafter COUNTY) and ~~'~+ f ~u DT aa.~
l~S,g 13 . ~u~(hereinafter APPLICANT) AGREE AS FOLLOt7'/S:
1. APPLICANT has submitted to COUNTY an application for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkirr County Resolution
No. 98-7 establishes a fee structure for Planning applications and the payment of
all processing fees is a condition precedent to a determination of application
completeness.
3. APPLICANT and COUNTY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of rlte costs involved in processing the application. APPLICANT and
COUNTY further agree that it is in the interest of the parties to all APPLICANT to
make payment Of art initial deposit and t0 thereafter permit additioeal costs to be
billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the COUNTY when they aro necessary as costs are incurred.
COUNTY agrees it Will be benefited through the greater certainty of recovering its
full costs to process APPLICANT'S application.
4. COUNTY and APPLICANT further agree that it is impracticable for
COUNTY staff w complete Processing or proeent sufficient information to the
Planning Commission and/or Board of County Commissioners to enable the
PlatutinS Corcuaiasion and/or Board of County Commissioners to make legally
required findtnas for project approval, unless current billings are paid in full prior
to decision.
Sent By: ; 817 737 7708; Det-8-99 3:D5PM; Page 418
'``"' PHONE hID. 97B 927 4263 ~:~r Oet. 07 1999 05~14°M P3
' FROM KRIZMPNICH
5. Therefore, APPLICANT agrees that in consideration of the
COUNTY''s waiver of its right to collect full fees prior to a detezmination of
application completeness, APPLICANT shall pay an initial deposit in the amount
of $ which is fos hours of Planning staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional
monthly billings to COUNTY to reunburse the COilN7Y 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
procoasing.
PITIQN COUNl1' APPLICANT
Cindy Hoabcn
Commueity Development Director
p 7lv / D
s:vuppoMfona~rpfypGdoc
13/SaJ98
,..«: -
Mailing Address:
~/ 4 4 i
C MM[JNITY DEVELOPMENT DEPARTIVIE~T
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
pitkin County
Land Use:
172 Board of Adjustment
159 County Land Use Code
~ i.
173 Deposit
174 Flat Fee
162 Zoning and Sign
169 Public Notice
160 Planning Enforcement
Referral Fees:
RB115 Access Permlt -
17g
193 County Clerk --~
County Engineer
194 Environmental Health
1gg Housing
190 Land Management
196 Wildlife Officer
Building Fees:
170 Board of Appeals
135 Building Code Sales
105 Building Permit
100 Contractor License
120 Electrical Permit
195 Energy Code Review
115 Mechanical Permit
150 Plan Check
110 Plumbing Permit
130 Reinspection
151 Aspen Sanitation
152 AVFD Fire Marshal
Other Fees:
155 Use Tax
165 Copy
Performance Deposit
185 Park Dedication
186 Parking Cash in Lieu
166 GIS Maps
IS GIS Requirements
RB116 Road Impact Fees
~~` (_
TOTAL
NAME:
ADDRESS/PROJECT:
CHECKft -' ,
CASE/PERMITri ~ `' pOF COPIES:
T~_ /-_
~: :' i `,%7 INITIAL:
DATE: