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HomeMy WebLinkAboutpitkin.planning.246534201006 (2006)DOCUMENT 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 (llzl'~ ..~,. IIII III IIIIIIIIII I IIII I III I IIII III III a 92469 ea isi JRNICE K VOS CRUD ILL PITKIN COUNTY CO R 0.00 D 0.00 ADMINISTRATIVE DESCISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO APPROVING THE LILLIAN SCHNEIDER DETACHED CARETAKER DWELLING UNIT Administrative Decision No.C~-2006 RECITALS Lillian Schneider ("Applicant") has applied to the Community Development Director of Pitkin County, Colorado, for approval of a detached Caretaker Dwelling Unit ("CDU") to be constructed in the previously approved building envelope on the. property. 2. The location of the CDU is and referred to as Lot 35 in Sopris Mountain Ranch. The property is zoned RS-30 PUD and is 35 acres according to the County Assessor. 3. Sopris Mountain Ranch is not a BOCC approved subdivision as all parcels are 35 acres. Sopris Mountain Ranch was part of a collective 1041 Hazard Review, and Lot 35 specifically received 1041 Hazard Review approval recorded at Book 30 Page 48 (Reception No. 353219) 4. The applicant provided notice of the application to adjacent property owners as required pursuant to Sec. 5-80-010(J) of the Land Use Code. No objections were received in 30 days from the date the notice was posted. 5. The Director finds that the Lillian Schneider detached CDU complies with applicable standards of the Land Use Code found at Subsections 3-210-020 and 9-110-041. THE DIRECTOR DOES HEREBY APPROVE the Lillian Schneider request for a detached CDU, subject to the following conditions: 1. The detached CDU shall not exceed 1000 net livable square feet of floor area, which shall count toward the total allowable floor area for the lot. The kitchen for the CDU shall contain at least atwo-burner stove with oven, standard sink, and at least a 6 cubic foot refrigerator plus freezer. The floor plan for the CDU shall be submitted to the County Housing Office for review. 2. The deed restriction for the CDU shall be obtained by Applicant and recorded prior to issuance of the building permit for the CDU. 3. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy, County Housing Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above-referenced requirements. 4. Applicant shall adhere to all material representations made in the application. .~~ [lily 1~ L~ 7~~~~~~ ~ 5. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. APPROVED: Cindy Houben Community Development Director Date: ~"4.~,~ 3~ , 2006 P040-O6 PID#2465342-01-006 IIII III VIII IIIIIIIIIII IIIIIIII II IIIIIIII 592469 ea Iai JPNICE K VOS CPUDILL PITKIN COUNTY CO R 0.00 D 0.00 ODUUU? MEMORANDUM TO: unity Development Director Cindy Houben, Comm FROM: ll Michael Kraemer'I~I DATE: March 30, 2006 RE: Schneider Special Review for a Detached Caretaker Dwelling Unit SUMMARY: The applicant requests special review approval to construct a detached caretaker dwelling unit ("CDU") of up to 1,000 square feet in a building envelope previously designated for the property. APPLICANT: Lillian Schneider REPRESENTATIVE: Stephanie Gerwin LOCATION: Lot 35, Sopris Mountain Ranch Parcel ID: 2465-342-01-006 ZONING/LOT SIZE: RS-30 PUD: 35 acres BACKGROUND: Sopris Mountain Ranch is not a BOCC approved subdivision as all parcels are 35 acres. Sopris Mountain Ranch was part of a collective 1041 Hazard Review, and Lot 35 specifically received 1041 Hazard Review approval recorded at Book 30 Page 48 (Reception No. 353219) REFERRALS: The Sopris Mountain Ranch Homeowners Association, Basalt and Rural Fire District, and the Housing Office were referred on this application. Bill Harding of the Basalt and Rural Fire District and Julie Kieffer of the Housing Office provided comments which are outlined as conditions in the attached Administrative Decision. STAFF COMMENTS: Caretaker Dwelling Unit A caretaker dwelling unit is listed as a special review use in the RS-30 PUD zone district and therefore must comply with the following standards (see Subsection 3-210-020): A. The special review use shall consider the applicable County Master Plan. Response: The special review use is not inconsistent with the Down Valley Comprehensive Plan (DVCP) 8. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Article 2. O(~QOC~3 Response: The use is consistent with the Pitkin County Land Use Code and the Land Use Policies. C. The special review use shall be consistent with the intent of the Zone District in which if is proposed to be located. Response: The RS-30 PUD zone district permits a "caretaker dwelling unit" as a special review use accessory to a single family residential development. The Applicant has stated that the CDU will be built concurrently with the principal residence. D. The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: Applicant has noted that the CDU will be compatible with the character of the surrounding area. Adjacent parcels also contain single family residences and detached CDU's, specifically Lot 36 (west of Lot 35). E. The location, size, design and operating characteristics of the proposed special review use must be in harmony with fhe surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: The Applicant has noted that the placement of the CDU within the approved building envelope will avoid significant environmental impacts and hazards. The proposed CDU will be constructed as an outbuilding. The Applicant did not acknowledge in the application if the proposed CDU will meet all necessary visual and design requirements set forth by the binding covenants of the Sopris Mountain Ranch Homeowners Association and Sopris Mountain Ranch Design Review Committee which includes ridgeline review. Per a conversation with the Applicant's representative on March 27, 2006, it was stated that all design requirements would be met. The Zoning Officer has been on site to evaluate the proposed CDU for ridgeline review. The proposed CDU does not break the ridgeline. The Applicant also did not acknowledge in the application if the additional parking generated by the proposed CDU would be contained on the property. In a conversation with the Applicant's representative the increased density on the property is said to be accommodated by the main driveway in the form of a hammerhead turnaround. F. There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: The additional impact of a CDU should be de minimus with respect to the public facilities and services that are already in place and will be servicing the future residence. The property is located within the Basalt Fire District. On March 16, 2006 Bill Harding verbally commented on the application and stated that the CDU would not require additional fire mitigation planning than what was already approved in the original 1041 Hazard review. Well construction, access, and waste systems will be required to meet Pitkin County standards. ~QQ~~ G. An application for a special review use must demonstrate to the Board of County Commissioners that the proposed development will not: a. Materially endanger the public health, safety or welfare; and b. Substantially injure the value of adjoining or abutting property. Response: This special review is conducted internally by the Community Development Department and will not be presented to the Board of County Commissioners. Regardless, staff has no information that would indicate that the development would injure the value of adjacent properties, or would endanger the public health, safety or welfare. Applicant provided notice to adjacent property owners, as required by the Land Use Code; no objections to the CDU were received. Rural Area Growth Management Exemation Pursuant to Subsection 9-110-041(c) of the Code, a detached CDU, not to exceed 1000 net livable square feet (Ordinance No. 008-2005), may be permitted on any lot or parcel of land which conforms to the 30,000 square feet zone district under the following conditions and limitations: 1. The floor area of the caretaker unit shall be ircluded in the total allowed floor area for the lot or parcel of land. Response: The Applicant formally acknowledged that square footage for the CDU would be included in the calculation of total allowable floor area for the property. The proposed size of the CDU is approximately 781 square feet. In accordance with Sopris Mountain Ranch Homeowners Association Covenants and approved land use conditions (Book 701, Page 523, Res. No. 353198), Lot 35 is exempt from Pitkin County Growth Management standards up to 15,000 square feet. Total floor area for the proposed CDU will not exceed this limitation. 2. There shall be provided one off-street parking space for each bedroom within the principal dwelling and one off-street parking space for each bedroom in the caretaker unit. Response: The Applicant has not represented in the application that one off-street parking space will be provided for each bedroom in the CDU. On March 27, 2006 the Applicant's representative, formally acknowledged that two off-street parking spaces are contained on the parcel and viewed as a hammerhead turnaround west of the proposed CDU. 3. The applicant shall, by deed restriction or other permanent commitment running with the land, guarantee that the unit comply with the CDU restrictions stated in Subsection 9-110- 041(C)(2)(c)ofthe Land Use Code. Response: The application did no confirm whether the Applicant has agreed to deed restrict the unit, as required by the Land Use Code. On March 27, 2006 the Applicant's representative acknowledged that the CDU would be deed restricted. 4. The CDU restriction may only be removed upon approval by the Community Development Director, subject to certain requirements stated in Subsection 9-110-041(C)(2)(d) of the Land Use Code. Response: Applicant has agreed to this limitation. ~~~~~ RECOMMENDATION: Staff recommends that the Director approve the Lillian Schneider detached caretaker dwelling unit subject to the conditions in the attached Administrative Decision. ®o~~J MEMORANDUM TO: Mike Kraemer, Community Development Department FROM: Julie Kieffer, Housing Office DATE: March 7, 2006 RE: SCHNEIDER SPECIAL REVIEW FOR CDU REVIEW Pazcel ID No. 2465-342-O1-006, Case No. P040-06 ISSUE: The applicant is requesting approval to construct a cazetaker dwelling unit Lot 35, Sopris Mountain Ranch. CARETAKER DWELLING UNIT: According 1o Section 9-110.041C1, Attached and Detached Caretaker Dwelling Units, and Ordinance No. 37-2004, the Community Development Director may pemut a Caretaker Dwelling Unit up to 1000 net livable squaze feet on a lot in the R03Q AFR-2, AFR-10, RS-2Q RS-30 and RS-160 zone districts, unless there is a timely objection pursuant to Section 9-150-40 in which the Boazd may approve or deny. The unit may be attached or detached and all such units maybe approved under the following conditions and limitations: 1. The unit does not exceed 1000 squaze feet of floor azea. 2. The floor azea of the cazetaker unit shall be included in the total allowed floor area for the lot or pazcel of land. 3. There shall be provided one off-street pazking space for each bedroom within the principal dwelling and one off-street parking space for each bedroom in the cazetaker unit. 4. The applicant shall, by deed restriction or other permanent commitment running with the land, guazantee that the caretaker unit shall not be required to be rented; not be sold or otherwise conveyed or sepazated from the original pazcel regazdless of the ultimate form of ownership of the caretaker unit; be limited to occupancy by not more than two adults and related children, who qualify as (and have been found by the Housing Authority to be) employees of the community under such guidelines as maybe from time to time established by said authority; be rented for terms not less than six months if rented. The caretaker dwelling unit may be occupied by members of the immediate family even though they may not qualify as employees of the community. "Immediate family" shall mean a person related by blood or mamage who is a first cousin (or closer relative) 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 or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. RECOMMENDATION: Staff recommends approval of this request under the following conditions: ~00~~! 1. Conditions 1 through 5 stated above are met. 2. The kitchen contains at least atwo-burner stove with oven, standard sink, and at least a 6- cubic foot refrigerator plus freezer as defined in the Employee Housing Guidelines. 3. A copy of the floor plans for the caretaker dwelling unit is provided to APCHA showing the location of the kitchen. 4. A deed restriction shall be recorded prior to issuance of a building permit. 5. Upon completion of the unit, but prior to Certificate of Occupancy, staff may conduct an inspection of the unit for compliance. ~DU~~S PITHIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Michael Kraemer PHONE: 920-5482 E-MAIL: michaelk(a~co.pitkin.co.us LOCATION: Lot 35, Sopris Mountain Ranch DATE: 2/08/06 ZONE: RS-30 PUD PARCEL ID #: 2465-342-01-006 OWNER/APPLICANT: Schneider REPRESENTATIVE: Stephanie, John Muir Arch. PHONE: 704.9750 E-MAIL: sgerwin@sopris.net Type of Application: Special Review for a CDU. Description of Project/Development: The Applicant desires to build a detached CDU. A building envelope was established on Lot 35 as part ofthe collective 1041 Hazard Review for Sopris Mountain Ranch . Pitltin County Land Use Code: Subsec. 3-210-020: Special Review: General Standazds and Criteria Subsec. 9-110-041(C): GMQS Exemption for Cazetaker Dwelling Unit Review By: Community Development Director Public Hearing? NO. However, the applicant shall mail notice (by certified mail) to all adjacent property owners. The form of the notice shall be obtained from the Community Development Departrnent. The applicant shall obtain the names and addresses of the adjacent property owners from the latest records of the Pitkin County Assessor. A property owner receiving the public notice shall have 30 days from the date the notice was postmarked to object to the approval of the unit. Any objections shall be made by sending a letter certified mail (post-marked no later than I S days from the date the notice was postmarked) to the Community Development Director. Any objections to the development application will result in a Board of County Commissioners public hearing. Staff Will Refer Applicafion To: Sopris Mountain Ranch HOA, Basalt Fire, Housing. FEE: $888 * (make check payable to "Pitkin County Treasurer"). The Fee includes: -- A $672 Planning flat fee ($672 fee for review of a CDU application); which is non-refundable and based on 3 hours of staff time; if staff review time exceeds 3.6 hours, the applicant will be chazged for time in excess of 3 hours at a rate of $224 per hour]. -$166 Housing referral -- A $50 publication fee. ~~~~~~ To apply, submit the Fee specified above and 4 conies of each of the following documents (unless otherwise specified): 1. Letter of request describing the project and addressing, in detail, each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; 2. Letter of consent from the owner giving authorization to the representative. 3. Disclosure and proof of ownership of the property complying with Subsea 5-70-020(D) (1 copy); 4. Street address and pazcel descripfion, including legal description, and 8-1/2"x 11"vicinity map locating the subject property within Pitkin County; 5. Copy of recorded 1041 Hazard Review Site Plan. 6. Draft 24" x 36" 1041 Hazard Review Site Plan depicting the location of the CDU (paper, not mylaz) prepazed in accordance with the requirements of Subsecs. 3-80-050(C)(1)(b) and 5-70- 040; 7. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (1 copy); 8. List of adjacent property owners and mineral estate owners (1 copy); and 9. This Pre-Application Conference Summary Sheet. NOTES: - PLEASE SUBMTI' ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). ALL 24" x 36" SITE PLANS MUST BE FOLDED. THE PARCEL ID SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION. - The Pitkin County Land Use Code is available on-line at wwrv.aspenpitkin.com. This Pre-Application Conference Summary Sheet is advisory in nature and not binding on the County. The information provided in this Summary Sheet is based on current zoning standards and the staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application and site visit(s). DoQt1 ~. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and 61LLlArP1 +-•/II./,I/tM yu~lNEl Vr~F' (hereinafter "APPLICANT") AGREE AS FOLLOWS: / 1. APPLICANT has submitted to COUNTY an application for 5?LGIA-1. R~G'Vt~W ~DR+ /l GArf~'rAKE~, g1~LLLIN~ VNL'~ (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 018-2004 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ Rgg which is based on~ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director ("APPLICANT") By: 1~-~.1(t rL~ 1 ~ 7~~[lo Af~~ L+ Ilan Sc.l~,n~eidp.c- Print Name and Title (if applicable) Date: a- 9 - CXv Mailing Address: 17,p. ,xr-r~la "~e ~q~ ~~38' I OOO~J~'. To: Planning & Zoning Department Pitkin County, Colorado From: Lillian Schneider Date: February 8, 2006 RE: Authorization of Owners' Representative Lot 35, Sopris Mountain Ranch With this letter I authorize John Muir Architects to act on my behalf in the application for a Special Review for a Cazetaker Dwelling Unit (CDU) for my property located at Lot Lot 35, Sopris Mountain Ranch. My representative from John Muir Architects can be either John Muir or Stephanie Gerwin. Signed: ~~-~ ~v ~ Lillian Schneider ~-9- OCa date ~000~4 ~.. ~. MEMORANDUM To: Michael Kraemer, Planner Pitkin Count Plannin & Zonin De artment Cr From: St hanie Gerwin, John Muir Architects Date: Febru 15, 2006 Pro'ect: Lot 35, Sopris Mountain Ranch RE: S ial Review for a CDU Enclosures• On behalf of William and Lillian Schneider, owners of Lot 35, Sopris Mountain Ranch, we request a Special Review for a Cazetaker Dwelling Unit to be approved for placement on Lot 35, Sopris'Mountain Ranch. Our project is incompliance with the Pitkin County Land Use Code. In particular, Sections: 3-210-020 General Standards and Criteria (for Special Review) 9-110-04] (c) GMQS Exemption for Caretaker Dwelling Unit 3-80-050(C)(lxb) Site Plan . 5-70-040 Geologic Hazard azeas Article 2, Land Use Policies. The property is located in the RS-30 PUD zone district within which CDU's are allowable by- special review. The Sopris Mountain Ranch subdivision design guidelines allow such structures as well. Our project is located well within the building envelope utilizing the same driveway which services the principal structure. The structure will be a 2 bedroom, 2 bath structure having 781 sgft net livable floor area. The CDU sUucture will be built concurrently with the principal structure. The vested development rights valid for the property allow development up to 15,000 sgft of F.A.R. (Reference enclosed Resolution 92-171, 1041 & subdivision approvals.) The total F.A.R. of the principal structure and the CDU will be 8,128sgft. This development is exempt from G.M.Q.S. per Land Use Code Section 9-I 1-0-041 (c). The development proposed shows both principal and accessory structures in close proximity to one another within the building envelope, utilizing the same driveway, paths, landscaping and utilities. The proposed CDU is smaller in size (19.Sft in height) than the principal structure but uses the same architectural style to create a visual continuity between the buildings. This approach to design and planning mimics how vernacular farms and ranches Typically developed .and grew in the past, thus making the structures visually and functionally compatible with the rural setting. Please don't hesitate to telephony me with any questions. Thank you very much. O U O U ~~ 201 Main Street, Suite 904, Catbadab, Colorado 81625 ~ L (9701 704-9750 Fax: (970) 704-0287E-Mul: jma(a~aolmia.nd ~ PARCEL I.D. #: 246534201006 ~l`~~1' ~IIIINIIIIIIIIIIIII IIIIIIIIIIII VIII III VIIIIIIIIIIO 8/029050250:04 WHEN RECORDED RETURN TO: Naroe: William Schneider Address: 29 Waterford Lake Woodsland, TX 77381 DF~~I'~ WARRANTY DEED THIS DEED, made this 24th day of August, 2004, between Kenneth J. Upchurch and Victoria S. Upchurch of the said County of Pitkin and State of Colorado, gantor, and William Schneider and Lillian Schneider, as tenants in common whose legal address is 29 Waterford Lake, Woodsland, TX 77381 of the said County of r}~~{oe,r~T and State of Texas, gantee: WITNESSETH, that the gantor, for and in consideration of the sum of Ten dollazs and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does gant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado described as follows: PARCEL NO. 35 r A parcei of land being part of Lots 2 and 3, and the SE 1 /4 of the NW 1/4 of Section 34, Township ~ 8 South, Range 87 West of the Sixth Principal Meridian. Said pazcel is more fully described as follows: Beginning at a point whence the Northeast comer of said Section beazs North 72°41'10""East 3029.18 feet; thence South 69°l2' West 1670.00 feet; thence South 60°33'11"" West 796.26 feet; thence North 00° 18' East 176.00 feet; thence 198.09 feet along a curve to the right having a radius of 500.00 feet; thence North 23°00' East 247.00; thence 435.28 feet along a curve to the left having a radius of 600.00 feet; thence North 18°34' West 99.12 feet; thence North 71 °26' East 170.02 feet; File Number: 42171 Stewan'iitle of Aspen, hm. Warranty Deed-PhoWgaphic Record (Individual) Page I o(3 501080 TRRNSFER DECLRRHTION RECEIVED 08/24/Z004 _ oco~_ PARCEL I.D. #: 246534201006 IIIIII ~~~ IIIIII ~~~~ ~~~~~ ~~~~~~ ~~~~ ~~~ ~~~~~ IIII~I 0 0 4080 50:0. SILVIR DRVIS PITKIN COUNTY CO R 26.00 D 71.23 thence 614.70 feet along a curve to the left having a radius of 1200.00 feet; thence North 42°OS' East 137.00 feet; thence South 57°49' East 545.00 feet; thence South 70°04' East 967.67 feet to the Point of Beginning. COUNTY OF PTTKIN, STATE OF COLORADO also known by street and number as: TBD Sopris Mountain Rd., Basalt, CO 81621 TOGETHER with all and singulaz the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bazgain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and detivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bazgain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bazgains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except See Attached Exceptions The grantor shall and will WARRANT AND FOREVER DEFEND the above-bazgained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Ke eth . Upq arch Victoria S. Upchurch STATE OF Colorado COUNTY OF Pitkin File Number: 42171 Stewart Title ofASpnt. Inc. Wamnty Cked -photographic Record (Individual) Page 2 or 3 OOU~~ `~ I IIIIX ~IIII ~II~I III 111111 I„1~1 VIII I~I „1~ IIII ~~II 00 0 ~ 080 5:04 The foregoing instrument was acknowledged before me this 16th day of August, 2004, by Kenneth J. Upchurch and Victoria S. Upchurch My co fission expires .Witness my hand and official seal. Notary Public: „rt: ,, J p, II.t,7T.: <~^' CRY ~~~'~ ?~'.,~ .. •' ~P ~ ~~%4nH~P AlM:t15T 1.:~irOF Ftile Number: 42171 Steuart'ritle oCAsprn, Inc. Wamnty Deed -Photographic Record (individual) Page 3 of 3 00001 i~iiiiiiiiiiiiiiiiiiiiiiiuaiiii~iiiiiiiiiiii~iiiii~i00040805a:04 0 D 71.25 EXHIBIT 1 EXCEPTIONS 1. Distribution utility easements (including cable TV). 2. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with paragraph 8b of contract Form No. CBS 1-9-99 [Matters Not Shown by the Public Records]. 3. Inclusion of the Property within any special taxing district. 4. The benefits and burdens of any declaration and party wall agreements, if any. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes for the yeaz 2004 and subsequent years not yet due and payable. 7. A right of way thereon for ditches or canals constructed by the authority of the United States, and all the coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine, and remove the same as reserved in United States Patents recorded May 6, 1933 in Book 162 at Page 420 as Reception No. 87622, and recorded August 3, 1935 in Book 162 at Page 436 as Reception No. 88014. 8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded November 17, 1893 in Book 55 at Page 42, and recorded January 2, 1907 in Book 55 at Page 160. 9. Reservation of a mineral royalty interest by Charles H. Love, Janet Love and Dorothy hove as set forth in the Deed recorded December 31, 1956 in Book 178 at Page 436 as Reception No. 104791; and Agreement regarding said reservation recorded April 14, 1961 in Book 193 at Page 468 as Reception No. 111218. 10. Terms, conditions, obligations and provisions of Declazation of Protective Covenants and Dedication of Easement for Sopris Mountain Ranch as set forth in instrument recorded December 23, 1982 in Book 437 at Page 748 as Reception No. 246534; and First Amendment to Declaration of Protective Covenants and Dedication of Easements for Sopris Mountain Ranch recorded November 19, 1987 in Book 551 at Page 259 as Reception No. 295021, and Second Amendment recorded January 21, 1993 in Book 701 at Page 347 as Reception No. 353162, and Third Amendment recorded January 21, 1993 in Book 701 at Flle Number: 42171 Stewart 'Title of Aspen, bm. Wmren[y Deed - Exhibit I (Exceptions) Page I of 2 OOOC ~.~' Page 408 as Reception No. 353163; Fourth Amendment recorded February 4, 1998 as Reception No. 413234; Fifth Amendment recorded February 4, 1998 as Reception No. 413233; Sixth Amendment recorded May 28, 1998 as Reception No. 417416; Seventh Amendment recorded Mazch 9, 1998 as Reception No. 414335; and Eighth Amendment recorded February 22, 1999 as Reception No. 427991; Ninth Amendment recorded Mazch 31, 2004 as Reception No. 496030. 11. Terms, conditions, obligations and provisions of Articles of Incorporation of Sopris Mountain Ranch Homeowners' Association, Inc. as set forth in instrument recorded March 21, 1986 in Book 507 at Page 689 as Reception No. 276683; and By-Laws of Sopris Mountain Ranch Homeowners' Association, Inc. recorded March 21, 1986 in Book 507 at Page 693 as Reception No. 276684. 12. Terms, conditions, obligations and provisions of Resolution of the Pitkin County Board of County Commissioners Approving 1041, General Submission and Boundary Line Adjustments for a Portion of the Sopris Mountain Ranch Tracts, Resolution No. 92-171 as set forth in instrument recorded September 16, 1992 in Book 688 at Page 775 as Reception No. 348646 and re-recorded June 3, 1998 as Reception No. 417679 13. Easements, Building Envelope and other matters as shown and contained on 1041 Hazazd Review Plat recorded January 21, 1993 in Plat Book 30 at Page 48 as Reception No. 353219. 1111111 If11I IIIIII IIII 161111 IIIIII III III IIII IIII IIII 80 X080 10:04 SILVIR DRVIS PITKIN CDINJTV LD R 26.00 0 77.25 File Number: 42171 Stewart TiNe of Aspcn, Inc. Wartanty Deed - Exhibit I (Ezcepfions) Pege 2 of 2 OOOU~- VICINITY MAP SPECIAL REVIEW FOR C.D.U. LOT 35, SOPRIS MOUNTAIN RANCH T.B.D. SOPRIS MOUNTAIN RANCH ROAD BASALT, COLORADO Basalt, CO 81621, US Q~U~~.J All rights reserved Use Subiect to License/Coovriaht This map is. informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any lass or delay resulting from such use. County of Pitkin } AFFIDAVIT OF MAILING } ss. PURSUANT TO State of Colorado } PITHIN COUNTY LAND USE CODE SECTION 5-80-010 J 1, ~}gyp\~r~~,~ ~oµN N~ul~yypc411-[~C7s ,being orrepresentingan Applicant to the Pitkin County Community Development Department, personally certify that I have complied with the CDU public notice requirements pursuant to Section 5-80-010 J of the Pitkin County Land Use Regulations in the following manner. 1. By mailing of notice, a copy of which is attached hereto, by Certified U. S. Mail to all owners of property adjacent to the subject property, as indicated on the attached list, tat on the ~ day of ~~pep , 200. The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please attach copies of the Certified mail receipts. {.If.UAnl ~Hf:1~tG~-' 'Z''~ Applicant's name // Signature ~~f°'f~FiN7£,~ $a( JYFRNANIK-VFiP~1~ °Nn1 Mu\~ ~g-C~IK~~`'~ Signed before me this 3 day of ~Ian.e~ , 200(rby WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ltd-e/ua/~ '~DD$~ /~uoo.~ 'rl~oMPS©~ t y Public ~ti_ Notary Public's Signatur G:\counTy\admin\forms\cdu_affidav i[ e . 1 PUBLIC NOTICE RE: SCHNEIDER SPECLAL REVIEW FOR A DETACHED CARETAKER DWELLING UNIT (CASE P040-06) NOTICE IS HEREBY GIVEN that the Pitkin County Community Development Director will consider an application submitted by Lillian Schneider (29 Waterford Lake, The Woodlands, Texas 77381) requesting approval to build a detached Caretaker Dwelling Unit. The property is located on Lot 35, Sopris Mountain Road, and is legally described as a pazcel of land bein~part of Lots 2 and 3, and the SEl/4NW 1/4 of Section 34, Township 8 South, Range West of the 6 P.M. The State Pazcel Identification Number for this property is 2465-342-O1-006. For further information contact Mike Kraemer at the Pitkin County Community Development Department, (970) 920-5482 Published in The Aspen Times on March 12, 2006. s/Cindy Houben Pitkin County Community Development Director 130 South Galena St., 3`~ Floor Aspen, CO 81611 Attention Adjacent Proaerty Owners A property owner receiving this public notice shall have 30 days from the date the notice was postmarked to object to the approval. Any objections shall be made by sending a letter (post-marked no later than 15 days from the date the notice was postmarked) to the Pitkin County Community Development Director, 130 South Galena Street, Aspen, Colorado 81611. Any objections to the development application will result in a Board of County Commissioner's public hearing. 000020 ~. M1 '~ ~ , , . fr7 ,. , . ll'7 i. ~ !1J S '~ M1 p ~ p ,g°+ g ui ° Poetege E 0.39 ~ i~._ uT Postepe s 0.39 IAtIT jAs'05~;. . O CertlOed Fee ~, ~'~••asl•-1.~_ O CeNfled Fee CqC ?~ O Realm Retlept Fee ~ U~ p ~•~~ ~ ~C~ ° (Entloreanem RequFeo) 1.~ ;)• ° (ES~reement RegwrFed~) 1.85 ~ ""~% ~, ~ (ESdoreemen~t ae~mnredej ark: z ° Resslcted DelNerY Fee Cl 600 ,<: ~ 0 ~r~ ~ (Endareeme~s Required) ! 3y~T ~ / .D ~ Cai ITI Total Poelege 8 Fees ,$ 4,64 N Jr~ ~ Total Pontege S Fees .~' 4.64 C '.~-' "J ° o JJ~b o ~ "•' •-------~IwJJt'1-DE.•~?---•----------- ~` sweet. acr: aio.F----- ------------ ----- or POBnrNa ~ ~- - -- ---------- - 2z4o Der-try. yJa~ _ 1832 S~v1_w -- v~ ~1: 3tab, 7%PS1 -----------------"""-/_~t2`~--.-~~_----.-._.-_-- w Slate, ZlPi.O._-.----..._-._--__-. .JE..---__~._--.--_---------_- LT G o 1 2 `~` n-z 01 :, „ :,, , .e •. ~ ~• m ~ uT .. . ~ t.n .. a ~ ~ .~~~ ~~~ ~ L ~s~ "~ Pmlege s 0.39 IA1IT ID: 0538 `^ Poelage s 0.39 lA~IT G 0538 pct •:. °° CertlfledF.e 2.40 •,y`'''~CC~ °° amneaFee C~ '''^~~ ° IEmore~ementRewl~w 1.85 ~` HB1 ,~\ ° lE^ Regwre~d) 1.85 A~ C? ° Reem~maoe~roenPee C1erR`JBDRH( G) ° Resmemaoeir~eliFe. le 0 y ~ (EMrrmenHlnt mired) G fir, ~ W (FjWOlsenixd Regwred) Jj `O ~',/` '~ 4.64 '~ 106 ?~ ~ Talel Poetepe & Fees .$ 4.64 ~ i i ~ Tole) PostaOe 8 Fees ~ l b' .` n G~J ° e~oNP~'D ~. ~ISHF.ia'-- o e !'IG1'IARp--~ILIj~?I~l_------------------------ M1 kF::i-a-di u:::--_----•_••------------------------------__•_-------•----_-----__--_ f`• {j.ye7 ACLTva: i w.. 17 _ - ..... ~ . t ~. T. CO RI .e • ~ ~ ~ .. ~ ~~ ~~~ ~ M1 > .D `^ s 0.39 UNIT ID: 0538 Poatege o ~ .i;:: ° ceroned Fee 2. ~ ,.. 0 p Realm Redepl Fee 1 . (Endareeerent Requred) ° Resskted DelNery Fee 0 ~IC: I'a ~ (Endorsertrem Required) ~ ? ~ ~ ~ 4' ~/ Total Postepe 8 Fees / +• m ,.. T° J~rt~s ~. ~Z~ ~°Y!-~ ------------------------ ----- ------ -------------------- - -- -- ~~~Q?y PUBLIC NOTICE RE: SCHNEH)ER SPECIAL REVIEW FOR A DETACHED CARETAKER DWELLING UNIT (CASE P040-06) NOTICE IS HEREBY GIVEN that the Pitkin County Community Development Director will consider an application submitted by Lillian Schneider (29 Waterford Lake, The Woodlands, Texas 77381) requesting approval to build a detached Caretaker Dwelling Unit. The property is located on Lot 35, Sopris Mountain Road, and is legally described as a pazcel of land bein~ part of Lots 2 and 3, and the SE1/4NW 1/4 of Section 34, Township 8 South, Range West of the 6 P.M. The State Parcel Identification Number for this property is 2465-342-01-006. For further information contact Mike Kraemer at the Pitkin County Community Development Department, (970) 920-5482 Published in The Aspen Times on Mazch 12, 2006. s/Cindy Houben Pitkin County Community Development Director 130 South Galena St., 3`d Floor Aspen, CO 81611 Attention Adjacent Property Owners A property owner receiving this public notice shall have 30 days from the date the notice was postmarked to object to the approval. Any objections shall be made by sending a letter (post-marked no later than 15 days from the date the notice was postmarked) to the Pitkin County Community Development Director, 130 South Galena Street, Aspen, Colorado 81611. Any objections to the development application will result in a Board of County Commissioner's public hearing. 000022 .., ,.~, BOYLE JAMES M 0016 SAGE RIM CR BASALT, CO 81621 i FLEISHER DONALD J PO BOX 4797 BASALT, CO 81621 BRUMDER CHRISTINA E 2240 OLD HERRON RD SOPRIS MTN RANCH BASALT, CO 81621 FILIPPINI RICHARD V 680 PICACHO LN j MONTECITO, CA 93108 I HALLE SUSAN R PROPERTY { TRUST ', 1832 SEAVIEW AVE I DEL MAR, CA 92014 SCHNEIDER WILLIAM & LILLIAN 29 WATERFORD LAKE THE WOODLANDS, TX 77381 i 000023 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM TO: Sopris Mountain Ranch Homeowners Association FROM: Mike Kraemer, Community Development Department RE: Schneider Special Review for a Caretaker Dwelling Unit, (CASE P040-06, PID 2465-342-O1-006) DATE: February 21, 2006 Attached for your review and comments are materials for an application submitted by Lillian Schneider. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, March 17, 2006 PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. ~o~o~`i .. PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 February 21, 2006 John Muir Architects, Inc. Attn: Stephanie Gerwin 201 Main Street, Suite #304 Carbondale, Colorado 81623 Re: Schneider Special Review for a Caretaker Dwelling Unit (PID #2465-342-01-006 Case # P040-06) Dear Mrs. Gerwin: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application maybe requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property owners with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing as proof of compliance with the Code. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 5-80-010 J CDU Notice 000025 r O O O O N ~"l u (n T O ,3 _..o _..o A `m m b N ~_ O ~~ .~ T "O -3 w ,„ N T O 3 _, PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM TO: Basalt & Rural Fire Department FROM: Mike Kraemer, Community Development Department RE: Schneider Special Review for a Caretaker Dwelling Unit, (CASE P040-06; PID 2465-342-O1-006) DATE: February 21, 2006 Attached for your review and comments are materials for an application submitted by Lillian Schneider. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, March 17, 2006. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. ~~®~~~ PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM TO: Pitkin County Housing FROM: Mike Kraemer, Community Development Departrnent RE: Schneider Special Review for a Caretaker Dwelling Unit, (CASE P040-06, PID 2465-342-06) DATE: February 21, 2006 Attached for your review and comments are materials for an application submitted by Lillian Schneider. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, March 17, 2006 PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. o~~~~~ PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM TO: Sopris Mountain Ranch Homeowners Association FROM: Mike Kraemer, Community Development Department RE: Schneider Special Review for a Caretaker Dwelling Unit, (CASE P040-06, PID 2465-342-06) DATE: February 21, 2006 Attached for your review and comments are materials for an application submitted by Lillian Schneider. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, March 17, 2006 PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. ~~Q®~`~ ~ ~~~. COMMUNITY DEVEI.OPM ENStDEP~TM- T 130 Sou Aspen, Colorado 81611 (970)920-5526 Pitkin County Land Use: 172 Boazd of Adjustment 159 County Land Use Code 174 Flat Fee 162 Zoning and Sign 169 public Notice 160 Plamriilg Enforcement 175 Hearing Officer Referral Fees: 210 ~°rt LUCO 1 County Clerk 211 County Engineer mental Health 194 Environ ?0S Historic 19S Housing d Management 190 Lan Redstone HPC ~ 206 Wildlife Officer _ .. •e_v CPP.S: !. - ~ .. ,r} lr~ ~~ i i ~I I e~~ ~~~~ i ~ ,\~,„ Ja ~\, t Q ~, ~~ _. °"~ J -~~_ ~- C . ~ ~~ \~ a ~ ~~ ~ ~> ~ _ / ~J ~\t Y `. ~\ _._- % ., l.. ._-.._ ~''~_r _ __:_ ~ ; ~ M Q O Q O ti ~ ~ A ~ b ¢ ~ k N I~~~~ v ~ 4 o Q ~ V N ~ V `'~' W ~ 4 J ~- ~I -- ~,o ~ ~ ~, h ~ ~, ~ - ~_~-__~ ~~ ~ ~ ~ ~ ~ ~ j ~ _~ /~ ~ I~ h ^ e "~ ~_ ^ ~ rn ~ V ~~ \ ry ~ ~ ~ j [1+ ~ ~~~ _ ~ ~ ~ , ,, r- I ~ ~ ~ ~ ~ ~ _~ , ~_ r- ro N ~ , ~ ~ ,, ~ ` ~ ~ S ~~ / / ~''~ ~~ l W ~ _. ~ > _.~, , ~ ~ z J _ - ~ III' W ~ - IUI~I ,. o ~~ ~ ~ C~ ~ - - ~~ s. ~~_ .- r ~ ,~ / ~ ~ _ ~- e i o0 \ n ~.__ h .~ ~: - ~ l pOdK. ~ ra9t `/8 N M O CJ O O ~n o ~ ~~ `~ > i~~ ~ ~7 ~ a R 1 ~ 1 I iii g - _ / Z U ~ ~ in . v ~l i ~ ~_ ~ _ ~ U i \ _ l rn ~ ~ b v - tl ~F hpZ p ~$~e 6 t°.~Qkt un S~`°~+nb ek 8g~~~Bi3 RW~,~~ „eE:...g3,~ ~ ~YY &g RFyk" ahpp ~ee ¢g~ ~n7 a ad8% f,~ 4R=4C x ~[~^ @p1,~~pd~ r s'~~R~i~k 7bf~ ~ x 8 8e,a~m ra ° '' .,ia a~ k€f Qe..,~ "~a e~ k ~¢ ~ ' \ +. fa v n+ `r ne s r n~ ~ ~ Eta ~ o n u 4 n & ` d° ` n ~ 02 + I <p t ] ° ~ ° ~ 1 . ~o, t ~ ~ sa ~ e .. ~ F o b°q~ ~ I ~~ ~ s ~ 2r 1 I ~, t, _ ,Q ~ , o ~~~ . ,, $, ;~~ ~> \ ~ I \,~~ !: ~. -- ~ .k ~ -~ J _ ~ i Q. -+ SE - -_ a ~ ~. ~ _~ ~~, a ~a ~i _-:a ~~~..__s~a ~ .._. / ~ ~~ ye 0~ \ ~e ~ a \~.. \ pt \ \ ~~ ~~ r t ? ~ \ W ~. ~ _--~necK ~ ~' / 2 '~ h ~ ~~ --._-_ _ P ~ P _ 2 ~ w- , . 6 ~ ,~ \ ~ ._ .~ ~ i 9.jd'00 ~ .) ,a ~Ona~O N p .i ~' (N)N3 b/ t il. ~. 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