HomeMy WebLinkAboutpitkin.planning.273514204002DOCUMENT 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 ID; 2735-142-04 002 DATE RCVD: 12/26/1996 # COPIES: CASE NO P145-96
CASE NAME: Stearn Ezten of Vested Rights Planners Suzanne Wolff
PROJ ADDR;. 0132 Glen Dee Rd
.OWN/APP: Stearn, Leathern S. ADR 37 Ferry Lane East C/S2: Westport, CT06880 PHN: (203) 227-8890
REP: ADR:~~ C/S/Z;~i ~~PHN:~-
Email Addr: i ALLOCATED HOURS:
FEES DUE: FEES RCVD:~- ^/a OVER:
.. ,. L...., ....~ ~ y....... ~,.. .y
REF: 12/30/1996 BY Rhonda Harris DUE: 2/7/1987
MTG DATE' REV BODY PH `NOTICED DATE OF FINAL ACTION:
3/12/1997 BO
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,:~ ~ tJo ~ BOCC Ord:.
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REMARKS 2735-142-00-017 GF PZ: ~
HRG OFFY
CLOSED:3/12/1997 BY: ~: Seraina McCarty HO INDEX: ~- !.
ADMIN:_..~
PLAT RECORDED- - PLAT (BK, PG): ~, ADMIN INDEX:
"VRAPPROVALDATE:,~~ '. VREXPIRES:~-.?
Aa.
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Ezten of Vested Rights
CASE T'~P.~ i CASE TYP6:
- CASE 7YP2Y. CASE TYP6-
', CASE TYP3::' CASE TYP7:.::
CASE TYPO:. Date Scanned: ~ 9/15/09
File Location: Boz 175
CASE SAD SUMMARY SHEET - PITKIN t 'UNTY
DATE RECEIVED: 12/26/96 , CASE # P 145-96
DATE COMPLETE: ~l-D0~ STAFF: C' en
PARCEL ID # 2735-142-A9~6i~' S a ~,> s ~ + -~
PROJECT NAME: Stearn Extension of Vested Rights
Project Address: 132 Glen Dee Road
APPLICANT: Leathern S. Stearn
Address/Phone: 37 Ferry Lane East Westport, CT 06880 (203) 227-8890 Fax 203-227-8952
REPRESENTATIVE: same
Address/Phone:
RESPONSIBLE PARTY: Other Other Name/Address: p~p~ 7[.i1~t11 i ~'tCq
FEES DUE FEES RECEIVED
PLANNING $1050 PLANNING $1050 # APPS RECEIVED 1
ENGINEER $0 ENGINEER $ # PLATS RECEIVED
HOUSING $0 HOUSING $ GIS DISKRECEIVED:-
ENV HEALTH $0 ENV HEALTH $
CLERK $0 CLERK $ TYPE OF APPLICATION
TOTAL $1050 TOTALRCVD $1050 One Step
P&Z ^Yes ^No
BOCC - ~ 1- =± es ^No
BOCC (2nd readin) ~' ^Yes ^No
Heazin Officer ^Yes ^No
REFERRALS:
ounty Attorney
my Engineer
oning
^ Housing
^ Environmental Health
^ Sheriff
^ Land Management
^ Risk Manager
^ Airport Manager
^ Floodplain Administrator
^ Open Space Boazd
u
DATE REFERRED: ~'" ° ~'
^ CO State Foresf 3 vice
^ CO Division of Wie.
^ CO Geological Survey
^ CO Div of Water Resources
^ US Forest Service -Aspen
^ US Forest Service - Sopris
^ CDOT
^ BLM
^ Caucus:
^ Homeowners' Association
^ Wildlife Officer
- ("'
~P~`
/~' .
~)
^ Aspen Fire
^ Basalt Fire
^ Carbondale Fire
^ Aspen Water
~~Aspen P&Z
^ CSI Air Board
^ ACSD
^ Rocky Mtn atural Gas
^ Holy Cross Ele 'c
^ Aspen School Distr
^ Other:
._
INITIALS: t 't` DATE DUE: ~~ ~ `' ~ ~
APPROVAL: Resolution/Ordinance # Date:
Staff/Hearing Officer Approval
Plat/Site Plan Recorded
Date:
Book ,Page
CLOSED/FII,ED DATE: INIIIALS:
ROUTE TO:
r
,45 F-88" c~3~_q~94 11:1~)A F6 1 OF 3 REC DOC
z B-' pITk.IN COUNTY CLERk: ?~ RECORDER ~~•'~'?
36861 DAVIS
1ILVIA
RESOLIITION OF THE BOARD OF COIINTY COMMISSIONERS OF PITRI
COIINTY COLORADO. GRANTING APPROVAL OF A THREE YEAR
EgTENSION OF A VESTED PROPERTY RIGHT
• FOR THE WILTROIIT FAMILY SIIBDIVISION
Resolution No. 94 ~.
RECITALS
1. Hoyce W. Wiltrout, hereinafter "Applicant", has applied
to the Board of County Commissioners of Pitkin County,
Colorado, hereinafter "Board", for approval of the extension
of a vested property right pursuant to Resolution No. 88-95
of the Land Use Code.
2. Said parcel is located on Glen Dee Road, adjacent to the
Aspen Highlands Ski Area, more specifically described in
Exhibit A, attached.
3. The Board heard this application at a regularly scheduled
meeting on March 15, 1994, at which time evidence and
testimony was presented with respect to this application.
4. The Board determined that the proposed extension of a
vested property right is consistent with the requirements of
Resolution No. 88-95 of the Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Board that it does
hereby grant approval of the Extension of a Vested Property Right
for the Wiltrout Family Subdivision for a period of three years
subject to the following conditions:
1. Any development on the site shall be subject to the provisions
of Ordinance 92-8.
368361 H-745 P-881 03/9/94 11:10A PG ' OF 3
Resolution No. 94-~
Page Z
2, Within 90 days, on or before June 20, 1994, the Applicant
shall provide a cash-in-lieu payment of $52,500 for employee
housing mitigation, as represented in the 1989 GMQS
' competition. In the event the $52,500 payment is not relicant
by the Housing Office within the 90 day period, the App
shall be required to provide housing mitigation for 1.75
employees at the payment-in-lieu schedule for Category #1 in
effect at the time of building permit submittal.
3. The Applicant shall retain the right to build a maximum 6,240
.square foot .floor area. residence on Lot 2 of the Wiltrout
Family Subdivision as represented in BOCC Resolution No. 90-
64.
4. The Applicant shall record the Protective Covenants for the
Wiltrout Family Subdii it to Marchh31P11994, County Clerk and
Recorder s Office, p
5 The Applicant shall adhere to all material representations in
the application and the public meetings.
APPROVED AND ADOPTED ON THE 15TH DAY OF MARCH, 1994.
C-bf1 Mlle
C erk and Recorder
APPROVED AS TO FORM:
°~ ~ __~
Timothy E. Whits' ,
County Attorney
f~/
HOARD OF COUNTY COMMISSIONERS
OF PIT~RIN COUNTY,~COLORADO
=Robert W. hil , Chairman
Date 3
APPROVED AS TO CONTENT:
~,~ ~~'"-
Suzaf a Roncl an,
County Planning Director
~~~
Siiv.B Davis, F:tk:in Cnty Clerk, Doc L.90
Exhibit A
3683hi B-745 F-88C 03/C9/94 11:liJA F'8 ~ OF 3
A trac c of land in the SW~ of the o'Leo ~Seytaen-14'
Township 10 South, Range 85 West of the 6th°• M•~ ~t-of-way
cribed as follows: Beginn_ng at a po_nt on the East .ig-.
line of tae Maroon Creek Road whence the West ~-co~•.er o= said Sec-
tion i4 bears S. 53°53' W. 1198.35 feet; thence S. 5~°i2' E. 310.52
feet; thence N. 47°44' E_ 48.78 feet; thence N. L~°22' c. 102'2' feet'
~~°10~
thence N. 5°56' E. 158.11 feet; thence N. 60°41' W. 237. "- meet ,.c
the east right-of-way line of the Maroon Creeec Roac; thenc_ S.c.
W. 260.95 feet along the east right-of-way line of the Ma=con Creek
Road to the poi^.t of beg'_nniag'Y ~n _ess{ andlegress ove oana a•or.g;.
Together wit:` an easement o_ ~' ~ fe=t wide e-tend-
a road as now const-,acted and i:. use s-~~teen (16 )
i.nv nor..c:+P-7 v `--~ t-Ze above described proper-r to the Ccunty Rcad.
Si1~:i~a°riavis, F'itkin Cn• Clerk. Doc 2. O0
RESOLUTION OF THE BOARD OF COUNTY COMMZSSIONEFtS
OF PITKIN COUNTY, COI.oRADO GRANTING APPROVAL OF
THE WILTROUT FAMILY PARTNERSHIP SUBDIVISION
DETAILED SIIBMISSION AND FINAL PLAT
Resolution No. 90- ,
WHEREAS, on June 26, 1990, the Board of County Commissioners
considered the Detailed Submission and Final Plat for the
Wilt~•out Family Parr.nership Subdivision at a regularly scheduled
meeting; and
WfiRRF.AS, the Wiltrout parcel is located on Glen Dee Road,
adjacent to the Aspen Highlands Ski Area, more specifically
described in Exhibit "A"; and
WI~REAS, said parcel is 1.89 acres in size and located in
the R-30 zone District; and
WHEREAS, the wiltrouts propose a subdivision of two lots,
one containing 34,328 square feet, and the other containing
48,000 square feet; and
F1FD;REAS, the existing Wiltrout residence will remain and
will be sii:ed cn the lot c.antaining 34,328 square feet; and
WHF:RRAC~ a new, four bedroom, 6,240 square foot residence is
proposed for the 48,000 square foot lot; and
WfD;REAS, the Board of County Commissioners granted General
Submission approval on November 14, 1989 at a regularly scheduled
public meeting; and
WHEREAS, the Planning and Zoning Commission reviewed the
Detailed Submission and Final Plat application at a duly noticed
Si ;.via Davis, F'itk:in ty Cler4::, Doc 4~.i~~}
Resolution No. 90-~
Page 2
public meeting and determined the application to be in compliance
with Sections 6-4 and 6-5 of the Code; and
WHEREAS, the Commission recommended approval of the Detailed
Submission and Final Plat.
NOW, TFD;REFORE BE IT RESOLVED by the Pitkin County Board of
County Commissioners that it hereby grants approval of the
Wiltrout Family Partnership Subdivision Detailed Submission and
Final Plat subject to the following conditions:
1) The applicant shall amend the Final Plat to include all
easements. The Public Easements to be included are as
follows:
a) A park easement to Pitkin County for use of the
area immediately north of the existing pond on
site.
b) An easement to Pitkin County which permits skier
access along the Wiltrout Subdivision driveway, in
the event that existing access to the Highlands
Ski Area is removed.
Said Plat and all easements shall meet the approval of
the Planning office and County Attorney prior to
recording.
2) The applicant shall provide and record Protective
Covenants which meet the approval of the Planning
Office and, th_ County Attorney prior to recording of
the Final Plat. Said Covenants shall address among
other things, outdoor lighting, building materials,
landscaping and prohibition of satellite dishes as
represented by the applicant in the public hearing
process.
3) Prior to recording of the Final Plat, the Building
Envelope on Lot 2 shall be reconfigured to eliminate
slopes exceeding 30$.
4j All material representations made by the applicant in
the application and at the public meetings shall be
adhered to unless otherwise amended by other conditions
and reviewed by the Planning and Zoning Commission
and/or Board of County Commissioners.
&ilvia~Davis, F'itk:in Cr
Resolution No
Page 3
Clerk, Doc $. Ui:
90-~
APPROVED by the Board at its regular meeting on June 26,
1990.
ATTEST:
Ueanette J~6~ies,
Deputy Co ty Clerk
APPROVED TO ORM:
Thomas F. Smith,
County Attorney
ELS
RESO_WILTROUT_DSFP
BOARD OF COD2iTY COMt~SSIONERS
OF PITRIN COIINT]C, COLORADO
By IC1VPnJ'1-C'~iJL V~/~-~L
Herschel Ross, Chairman
AS TO CONTENT:
Amy M'airgerum~~ " _
Silva Davis, Fitk:in C '.y Clerk, Doc 5,.00
Exhibit A
A tract of land in the SW's of the NW's or Section 14,
Township 10 South, Range 85 West of the 6th °. M., more fully des-
cribed as follows: Beginning at a point on the East right-of-way
11ne of the Maroon Creek Road whence the West '~-corner of said Sec-
tion 14 bears S. 53°53' W. 1198.35 feet; thence S. 55°12' E. 310.52
feet; thence N. 47°44' E. 48.78 feet; thence N. 15°22' E. 102.21 feet;
thence N. 5°56' E. 158.11 feet; thence N. 60°41' W. 267.12 feet to
the east right-of-way line of the Maroon Creek Road; thence S.29°19'
W. 260.95 feet along the east right-of-way line of the Maroon Creek
Road to the paint of beginning. Containing 1.89 acres mare or less.
Together with an easement for ingress and egress over and along
a road as now constructed and in use sixteen (16') feet wide extend-
i.nv nar..therJ.v from the above described property to the County Road.
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITRIN COUNTY, COLORADO ACCEPTING RESIDENTIAL GROWTH MANAGEMENT
QUOTA SYSTEM SCORE FOR THE 1988 AND 1989 PFISTER RANCH/GOLF AND
THE 1989 WILTROUT APPLICATIONS AS FORWARDED BY PITKIN COUNTY
PLANNING AND ZONING COMMISSION RESOLUTION
Resolution No. 89- '~
WHEREAS, Maroon Creek Development Corporation submitted a
residential Growth Management Quota System (GM45) application for
16 townhouse dwelling units and 8 single-family dwelling units
for a total of 24 units for the 1988 GMQS and 10 townhouse
dwelling units and 7 single-family dwelling units for a total of
17 units for the 1989 GMQS for Pfister Ranch/Golf which is
described within Exhibit "A"; and
WHEREAS, Wiltrout Family Partnership submitted a 1989
residential Growth Management Quota System application for 1
single-family dwelling unit for the Wiltrout property which is
described within Exhibit "B"; and
WHEREAS, the Board of County Commissioners understands that
the Planning and Zoning Commission reviewed the Pfister Ranch's
application for 1988 and 1989 and Wiltrout Family Partnership for
1989 Metro Area Residential GMQS applications and score3 them as
follows:
Pfister Ranch 82.4
Wiltrout Family Partnership 74.0
and
WF~REAS, the Board of County Commissioners recognized that
Pfister Ranch's applications for 1988 and 1989 were scored on one
1989 Score Sheet
Metro Residential GMP
Page 9
of the proposed development and the standards of this Code,
and considering the design of said spaces with respect to
visual impact, amount of paved surface, convenience and
safety. Also, considering the ability of the parking area
to be adequately plowed in the winter months without the
loss of required parking spaces and/or safety.
Maximum Score: 2 Score: 1
COMMENT: The applicant provides an acceptable design for
parkins, providing more than the minimum number of spaces
required in the code.
Quality of Design and Neighborhood Compatibility -
Minimum Threshold 30 - Subtotal 40
3. EMPLOYEE HOIISING - The Commission shall consider to what
extent each development proposal will alleviate an identi-
fied critical shortage of low-, moderate- or middle-income
housing. Any applicant wishing to receive points under this
section shall specify in the application the number of
bedrooms within each unit within the proposed project, and
the method (as identified in Section 5-300.4) by which the
applicant will provide low-, moderate- or middle-income
housing. Employee Dwelling Units as described and approved
pursuant 3-8.13 shall not be considered to satisfy the
provisions of this subsection. In order to establish
criteria to determine which proposals constitute the type of
units which will help alleviate the critical shortage of
affordable housing, the Pitkin County Housing Authority
shall, prior to April 1st of each year, advise the Board of
County Commissioners as to the current type of housing
needed and the Boa:cd shall, from this report, determine
which type of uni~s shall receive points within this
section. An applicant may propose to specify types of units
not identified by the Housing Authority as helping to
alleviate the critical shortfall of affordable housing if
such proposal is specifically targeted to a group of
employees employed by the applicant. Any such determination
is subject to the review of the Board of County Commis-
sioners, whose action shall be final.
Points shall be assigned according to the following sche-
dule:
(i) Low Income Housing Points
1 point for each 3% of the project
1989 Score Sheet
Metro Residential GMP
Page 11
management quota is required. Points given pursuant to
this paragraph shall be awarded only for the number of
housing units which could have been built pursuant to
the underlying zoning category (i.e., excluding any
density increases approved by reason of the rezoning to
PMH).
Score: 11
COMMENTS: Pursuant to section 5-510.5(D1 of the code
the applicant may only be awarded points for GMP
scoring for the number of housing units which could
have been built in the underlying zoni~a category The
R-30 zone district allows two units on a lot which is a
minimum of 60,000 square feet in size As the proposed
lot is only 48,000 square feet in size points may not
be awarded for the provision of employee housing for
the on site caretaker unit The applicants have
clarified, however. that the alternative is to provide
cash-in-lieu for the employee generation commitment.
Therefore, the requirement is to house 1 75 people at
the low income level of S52.500 The applicants are
. meeting the requirement.
4. Bonus Points - The Commission may consider each
application with respect to its additional support for
furthering the goals and objectives of the Down Valley
Plan, with regard to the preservation of valued
agricultural and wildlife lands, through the use of
programs listed below or through dedication of trails.
Each development may receive bonus points according to
the following formulas:
(i) Open Space - Considering the extent to which the
applicant purchases interests in land in order to
preserve valuable undeveloped lands or creates conser-
vation easements or dedicates land located in the
1989 Score Sheet
Metro Residential GMP
Page 13
POINTS (with multiplier):
1. Availability of Public and Private Faciliti es and Services.
Minimum Threshold (14) Score 17
2. Quality of Design and Neighborhood Compatib ility.
Minimum Threshold (30) Score 40
3: Employee Housing.
Minimum Threshold (11) Score li ~,
TOTAL Minimum Threshold (55) Score 68
Name of Planning and Zoning Member: Aspen/Pitkin Planning Office
wiltrout.ss
.. F
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50•
. WIL~TROUT FAMILY
i
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/
/ / ~ h~ PARK EASEMENT
.TES ~ HIGHLANDS VILLAS
CONTOURS / ~__ _. -- ,2S'00 Sa " - _
30, ~ '_~~ p.W
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ry ~ ~ - /~~~ ~h GLEN DEi
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POND EASEMEM N 04 10'54 E .--,2~h' ` t4 //~fj/ ~ \ \ _ ~ N I
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W.. OF THE Bt.h P M 1 :, ~ H :k ~~ yr~?.+`~fww P r~ -~ i ~s'` _ \ ~.~
B. L. M.,,ALUMI NUM CAA ~'rr }- m mfr .~ ~ `., ~ ~. I'
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_ ,,}^~~+~ ~ AREA 32.117 50, FT. i/- ~ ~ ~ /
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y ~° , ~~ ~ - // ASPEN HI,
pSPEN~HIOHLANDS F., J SKIING Ct
SKIING CORP. - /` '~0.~
p0. Gp
VICINITY MAP -~~" ' - ~ ~
AN ORDINANCE OF THE BOARD OF COIINTY COMMISSIONERS
OF PITRIN COIINTY, COLORADO, ADOPTING AMENDMENTS
TO ARTICLE 3 OF THE PITRIN COIINTY LAND IISE CODE,
THE FLOOR AREA OF HOMES
Ordinance No. 92-~
WHEREAS, the Board of County Commissioners (hereinafter
"Board") has appointed a citizen's committee to address house size
regulations and special review criteria for residential uses; and
WHEREAS, the Committee had forwarded a recommendation to the
Board on November 6, 1991 at which time the proposed regulations
were denied by the Board; and
WHEREA6, the Board directed the Committee to further address
the proposed special review criteria and the house size at which
such criteria would become effective; and
WHEREAS, the Committee held four public meetings d~~ring
January 1992 at which time the following regulation was discussed
and recommended to be forwarded to the Board.
NOW, THEREFORE, BE ZT ORDAINED by the Board that it hereby
approve the following amendment to Section 3-2 of the Land Use Code
as follows:
All parcels of land less than twenty (20) acres in size
shall include the square footage of all structures on the
property, for the calculation of Section 3-6.5 House size
Special Review. A11 parcels of land twenty (20) acres
and larger shall include only the residential square
footage on the property for the calculation of Section
3-6.5 House Size Special Review.
_ Ordinance No. 92-~
Page 2
BE IT FURTHER ORDAINED by the Board that it hereby approves
the following amendment to Section 3-6.5 of the Land Use Code as
follows:
Section 3-6.5 House Size Special Review
(a) Uses designated as special review uses in any zone district
or by any general regulation are contingent uses which may or
may not be appropriate in a particular location depending upon
the nature of the use, its relationship to surrounding land
uses, and its impact with respect to the environment, social
and economic matters. Special Review Use Permits may be
approved by the Board of County Commissioners only after
reviewing the impact of the particular use in the proposed
location on adjacent land uses, the environment, social and
economic characteristics of the area, and the community in
general and only upon a finding the use is compatible with the
policies and regulations of this Code.
(b) The following Criteria are to be used in conjunction with the
Special Review Criteria established in Section 3-6 of the Land
Use Code in order to allow residential and accessory
structures to exceed 15,000 square feet of total floor area.
The Board may grant a Special Review permit for a residence
to exceed the permitted floor area on the lot based upon a
finding that the following criteria are satisfied in a
reasonable manner. The Board takes final action on floor area
special review requests as a one-step review. Special Review
shall be the mechanism to assure that any increase in floor
area beyond that allowed by right will not have unreasonable
negative impacts in accordance with the following provisions
as set forth below. To apply for an increase in floor area
the following criteria shall be addressed by the applicant:
1. Enerav Consumption-
a. Has the residence been designed with concentration
on limiting the use of energy resources and
consumptive use?
b. Has the design and construction of the home taken
into consideration the inclusion of renewable non-
polluting energy resources for the primary source
of energy for the entire project?
c. Have high efficiency construction materials been
used throughout the project?
-- Ordinance No. 920
Page 3
d. Does the operation of the house contain self-
regulating systems which control the use of energy
when the home is not occupied?
e. Does the project meet the requirements of the Model
Energy Code as adopted by the Board of County
Commissioners on March 27, 1990 (hereinafter "Model
Energy Code") or any subsequent amendments? If the
project is an addition or remodel does it improve
the energy efficiency?
f. Do heating and cooling appliances within the
residence meet the requirements of the Model Energy
Code?
2. Visual Imoacts-
a. How does the proposed structure visually impact
those who routinely see it from viewing locations
other than on the subject property?
b. Is the visual chance significant, as compared to
what would be permitted without special review?
c. Has the visual impact been mitigated?
d. Do the immediate neighbors or Homeowner's
Association approve?
e. Do landform and landscaping mitigation measures
appear natural as related to the former condition
and surrounding environment?
3. Environmental Concerns-
a. Does the proposed residence encroach or impact
environmental resources such as floodplain, slopes
exceeding 15g, geologic hazards, wildlife, wildfire,
groundwater, ridgelines, vegetation manipulation,
topographic characteristics on-site, agricultural
lands and other similar features?
b. If the proposed construction is taking place on
slopes which exceed 15~, is there another location
on the property the house could be sited? If not,
what mitigation measures are taken to lessen the
impact of scarring the cut slope?
Ordinance No. 92 ~~
Page 4
4. bivhtina-
a. Has the proposed lighting of the residence and
property been designed to avoid off-site visual
impacts (down cast or shielded lights)? Has the
lighting style been designed for primarily safety
considerations? Is exterior lighting located and
designed to provide adequate safety and security
while minimizing glare and spill-over onto adjacent
properties?
5. Homeowner's Associat'o s and Ad'acent Pro ert Owners-
a. Is there a legally established and active Home-
owner's Association which has covenants binding upon
the subject property? Has the governing body
approved the proposed development?
b. Are the adjoining property owners opposed to the
proposed development?
6. Uses-
a. Is the additional floor area requested for the
purposes of use for agricultural operations?
General
7. Is the proposed development consistent with the existing
scale and bulk characteristics of the neighborhood? Is
the subject property located on a conforming size lot in
the zone district?
$. How are road cuts, slope cuts and disturbance to natural
terrain on the site mitigated in their finished form?
9. Does the proposed development reduce Building Code
deficiencies and/or tend to promote health and safety or
environmental concerns?
10. Has the natural vegetation of the site been protected/
replaced/maintained/enhanced to the maximum extent
possible?
11. Has the development preserved open space via clustering
structures or lowering allowed density on the property?
_ __ (c) In connection with its review of the application with respect
to the above issues, the Board shall make the following
_ findings in addition to finding conformance with the Policies,
Ordinance No. 92-~
Page 5
General Regulations and Special Review criteria of the Code
in order to approve an increase in the allowed floor area.
1. The applicant has demonstrated that it will utilize
significantly improved energy efficient appliances in the
structure and/or that the structure has been designed and
will be constructed with other energy conservation
measures such that the overall energy efficiency of the
structure will meet the Model Energy Code as adopted by
Pitkin County Board of County Commissioners on March 27,
1990, or subsequent amendments, or if the application is
for a remodel or addition, the overall energy efficiency
of the structure will be significantly improved.
2. The increase in visual impact of the proposed structure,
to the extent it exceeds the square footage allowed by
right, will have minimal impact on those who would
routinely see it, either by virtue of its location,
design and/or construction, or by virtue of landform and
landscaping mitigation measures.
3. The landform and landscaping mitigation measures to be
employed by the applicant will appear natural as related
to the former conditions and surrounding environment.
4. The proposed additional square footage will not
significantly increase the environmental impact over the
impact that a structure allowed without special review
would have had or, alternatively, that the application
provides adequate mitigation for such additional impacts.
5. The proposal will not require construction on slopes
which exceed fifteen percent (15~) unless the application
proposes adequate measures to minimize the visual impacts
of any scarring of cut slopes.
6. The proposal will not contain outside lighting in excess
of that required for safety and such outside lighting
will minimize glare and spill over to adjacent
properties.
7. The proposed additional square footage will create
minimal additional disturbance to the natural terrain;
the natural vegetation of the site will be protected,
replaced, maintained and/or enhanced, to the maximum
extent possible, and road and slope cuts will be
minimized and their impacts will be mitigated.
8. -The increased floor area is consistent with the scale,
bulk and character of the neighborhood and the zone
district. If the proposed structure is located in a
..
Ordinance No. 92-~~
Page 6
subdivision with an active homeowner's association with
an architectural review board, and such homeowner's
association has approved the proposed structure, this
finding shall be presumed, unless the Board finds
extenuating circumstances.
9. The natural vegetation on the site will be protected to
the maximum extent possible.
10. The proposal is sensitive to the preservation of open
space on the property.
BE IT FINALLY ORDAINED that this Ordinance be published by
title and short outline as provided by Section 2.8.1.3 of the
Pitkin County Home Rule Charter.
II'rTRODIICED, FIRST READ, AND SET FOR PIIBLIC HEARING at the
regular meeting on the 25th day of February 1992,
NOTICE OF PIIBLIC HEARING PIIBLISHED IN THE ASPEN TIMES on the
6th day of February, 1992,
APPROVED AND ADOPTED AFTER SECOND READING AND PIIBLIC HEARING
on the loth day of March, 1992.
PIIBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the 19th day
of March, 1992.
BOARD OF CODNTY COMMISSIONERS
OF PIT%IN COIINTY, COLORADO
BI' ~ ~-
J s R. True, Chairman
Dates 3 f o~p~
. ~ /
~~eaIIette Jones
~Puty County,
~.
Ordinance No. 92-~~
Page 7
APPROVED AS TO FORM:
~~V ¢:~
Timo by Whitsitt,
Coun y A rney
APPROVED AS TO CONTENT:
11.2 C1le---~' _
Suza Roncha ,
County Planning Director
~,... ru
ASPEN/PITHIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
TO: County Attorney
County Engineer
Zoning
FROM: Suzarme Wolff, Community Development Department
RE: Stearn Extension of Vested Rights
ParcelID #2735-142-00-017
DATE: December 30, 1996
Attached for your review and comments is an applicatio d by Leathern Stearn.
Please return your comments to me no later than F ruary 7, 1997
Thank you.
,,_ ~.
37 Ferry Lane East
Westport, CT 06880
(203) 227-8890
Fax: 203-227-8952
Board of County Commissioners
130 South Galena Street
Aspen, CO 81611
Reference: Code Sections 4-140, 4-140.3 (File no. 2735 142-00-
017-Resolution no. 90-64)
Dear Board of County Commissioners:
I would like to submit this application to extend the vested
rights on the residential property at 132 Glen Dee Road (File no.
2735 142-00-017-Resolution No. 90-64 formally owned by the
Wiltrout Family Partnership) for three years beyond the current
expiration of March 1997.
I just recently purchased this property (May 1996) with the
intent to build the house that was formally approved. However, I
need the extra time to review the impact of the new Hines
Highland property development on my views., ski access, pond.
utilization and other issues before I finish updating my plans
for construction. Also, the timing and impact of the
construction of the Hines project may affect when I want to
construct and occupy the residence. Hopefully this will all
happen in 1997 so I can proceed.
To the best of my knowledge we are in compliance with previous
conditions and that the plans are not contrary to any current
code requirements.
I would be pleased to provide any further information that would
be helpful. Thank you for your consideration.
Since ly yours,
em S. Stearn
Swi 7i 'Yi t~3~~1'#'M IFP~ af4i TRCJB~V7N P-ERLIr ~ P.<'
WARRANTY DEED
Wiltrout Pamily Partnership (`Grantor"), for TEN AND NO/100
DOLLARS (510.00} in battJ paid, and !or other good and valuable consideration, the
receipt end tutticiency of which is hereby acknowledged, hereby cells end conveys to
Leaeham stearn(`G ranter°), whoa addrees is 37 Berry Lane Eea[, Nearpore. CT 06860,
81611, the following real property In the County of Pitkln, State of Colorado, to wit:
l.ot 2, WILTROUT FAMILY PARTNERSHIP SUBDIVISION, aaording
to the Plat thereof recorded February 5, 1991 in Plat Book 25 at Page 87 as
Reception No. 330017,
TOGETHER WITH the following easenteou [or the use and benefit of, and
to run with, Lot 2, Wiltrout Family Partnership Subdivision:
a) Anoo•exelusivesixteentootwideaccesseasement
extending to the County Road as described In Quit Claim Deed
rewrded in Hook 616 at Page 751 Reception No. 321956 end
in Quit Claim Deed recorded in Book 618 el Page 752,
Reception No. 321957; aed
b) Anon-exclusive easement for the use anJ benefit
of Grantcc end Grantee isuccessors and assigns, forpedeslriaa,
equestrian and ski access to and from Aspen Highlands Ski
Area, over and acrou the access easement hereinabwe
C'~ described in Paragraph (a) xod is the Final Plat of Wiltrout
Family Partnership Subdivisioo recorded in Plat Book 25 at
Page 87 as Reception No. 330017; and
c) Fasemenu over Lot 1, Wiltrout Family
Partnership Subdivisioo, Eor sewer and drainage as identified on
said Final Plat of Wiltrout Family Partnership Subdivision;
RESERVING to the Grantor and Grantor's successors and assigns a non•extlusive
sateen foot wide attess easement for the use of the existing gravel drive which is that
portion of Lol 2, Wiltrout Family Partnership Subdivision, identiiied on that certain
improvement survey prepared by Aspen Survey Engineers, Inc. dated 2/16/94, lob No.
19314, recorded in-Hoak----art'age_~ as lying benvesn a dotted liae identified as
"Edge of Gravel Drive" and the eastern most boundary of said Lot 2; and also shown
on FSdribit A attar]red hereto and irssvrporated herein;
FURTHER RESERVING to the Grantor and Grantor's successors and assigns an
easement over said Lot 2 for existing utilities which urvice the adjacent property (Lot 1,
Wiltrout Family Partnership Subdivision) in their present location, together with the right
to maintain, repair and replace the same; said reserved easements to be for the use and
benefit of, and run with, L.ot ], Wiltrout Family Partnership Subdivision.
AND TOGETHER WITH all its appurunances, and warrants title to the acme
EXCEPT AND SUBJECT TO:
Taxes for the year 1996 due and payable in 1997.
2. Right of the proprietor of a vein or load to exvact and remove
his ore therefrom, should the same be found to penetrate or
intersect the premises hereby granted, ss reserved in United
Stales Patent recorded April 7, ]903 in Book 55 at Page 507 as
Reception No. 68137.
3. Easement and right of way for drainage and water donge
purposes es granted to Aspen Highlands Skiing Cotpontion by
Wiltrout Ltd. 1n the inatrnment recorded February 26, 1990 in
Hook 614 rat Page 701 as Receptioa No. 320307.
~,SFPi 23 'Y~ 03'SOPM C:(N1~ i1N1 SACOBSGN REPLTY ~ F•3
,,..
4. Teens, ronditions, obligstionsof Resolution No. 90.4 issued by
Thr. Board of County Commissioners recorded August 14, 1990
in Book 627 al Page 146 as Reception No. 325211.
5. Terms conditions, obligations and provisions o[ Protective
Cwenantsrecorded 3 - 3t - 94 to Book 74e at
Page 133 as Reception No. 368458
6. Eauments, right-of-way and building envelopes all ss ahowa on
Plat of Wiltrout Family Partnership Subdivlsloa recorded In
Plat Book 25 at Page 87 as Reception No. 330017.
7. Right-of-aey for the use and maln[enance of the burled gas line,
and encroacbman[ of neighbara gravel drive across: Banta rly boundary-
line and~Sou cheaet corner bf [he property; as ahovn on survey by Aspen
Surveq Bnginurc dated February 16, 1994 ae-Job No. 19114:
B. Terms. condlcfone and test ric bona ea set forth in County
Covwieaioners Reaoluc ion No. 94-32 granting approval of a three
year eaceneion of a vested property right, recorded Harch 29, 1996
in Book 745 a[ Page 880 as Reception No. 368361.
Dsted ch to 15th day of Nay, 1996.
W OUT FAMILYLY PAR
By:
Bo NSltrout. Gana ra Partner
~Oorochy Dt/Wlltrouc, General Pawner
STATE OF C060RAD0 )
ss.
COllNTY OP BE PA90 )
, J 4~
The foregoing inecrumen[ Brae ac knovladged before ne this 3_ day
of May, 1996 by Boyce W. Nilcrou[ end Dorothy M. Wiltrout, ae
General Partne re of Wiltrout Family Partnership.
Witness cry hand end off lc iel Iseal.
My commission expires: ~13~~t~~
Notary Public
nMYpi
2
January 23, 1997
Ms. Rhoda Harris
Aspen Development Dept.
130 S. Galena St.
Aspen, Co.
81611
Re:Steam Extension of Vested Rights
Case # P145-96
Dear Rhonda,
Enclosed are the following items requested in your 12/30/1996 letter:
-Warranty deed
-List of adjacent property owners
-Addressed envelopes
-Signed Agreement to Pay form
Please let me know if there is anything else you need at this point. Thank you for your
assistance.
Sincer y,
( _!
Lea em .Steam
CERTIFICATE OF MAILING
RE: STEARN EXTENSION OF VESTED RIGHTS
I hereby certify that on this 4th day of February, 1997, a true and correct copy of the
attached Notice of Public Hearing was deposited in the United States mail, first-class postage
prepaid, to the adjacent property owners as indicated on the attached list of adjacent property
owners which was supplied to the Aspen/Pitkin Community Development Department by the
applicant in regard to the case named on the Public Notice.
By: Rhonda Harris
Administrative Assistant
PUBLIC NOTICE
RE: STEARN EXTENSION OF VESTED RIGHTS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, March 12, 1997
at a regular meeting to begin at 5:00 pm before the Boazd of County Commissioners, District
Courtroom, 506 E. Main St., Aspen to consider an application submitted by Leathern Steam
requesting an extension of vested rights for the GMQS allocation and subdivision approval in 1990
The property is located at 132 Glen Dee Road, and is described as Lot 2, Wiltrout Family
Partnership Subdivision. For further information contact Suzanne Wolff at the Aspen/Pitkin
Community Development Departrnent (970) 920-5093. Copies of the proposed Resolution aze
available for public inspection during regulaz business hours in the Office of the Clerk and
Recorder, 530 East Main Street Aspen, Colorado 81611. Phone (970) 920-5180.
Jeanette Jones, Deputy County Clerk
Boazd of County Commissioners
Published in the Aspen Times on February 8, 1997
Pitkin County Account 001 li
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ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
PITKIN COUNTY (hereinafter COUNTY) and ~~~=~~ic~~ s. S't~-~'~v
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for
-3~C72'~JY.s]CN /J %' Y~~T~9~ /2>~~7~
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Resolution
No. 95-226 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 the costs involved in processing the application. APPLICANT and
COUNTY further agree that it is in the interest of the parties to allow
APPLICANT to make payment of an initial deposit and to thereafter permit
additional 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 are 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 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.
5. Therefore, APPLICANT agrees that in consideration of the
COUNTY'S waiver of its right to collect full fees prior to a determination of
application completeness, APPLICANT shall pay an initial deposit in the amount
of $ ~o~sv which is for ~ hours of Planning staff time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
COUNTY to reimburse the COUNTY for the processing of the application
mentioned above, including post approval review. Such periodic payments shall be
made within 30 days of the billing date. APPLICANT further agrees that failure to
pay such accrued costs shall be grounds for suspension of processing.
PITKIN COUNTY
_~~~
Cindy Houben
Community Development Director
APPLICANT
Print N _-
c G,
Signatfire
Date: %~ ~ j~j ~-
Mailing Address:
~- r c -nom v l,Y.~ 1'"
2
..
ASPEN/PITIQN COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920-5090 FAX# (970) 920-5439
December 30, 1996
Leathern S. Stearn
37 Ferry Lane East
Westport, CT 06880
Re: Stearn Extension of Vested Rights
Case #P145-96
Dear Leathern,
The Planning Office has completed its preliminary review of the captioned application. Please
submit the following information by February 1, 1997 in order to remain on the agenda for the date
listed below:
• proof of ownership
• a list of adjacent property owners
• stamped addressed envelopes for mailing to adjacent property owners
• signed Agreement to Pay form (enclosed)
After a more detailed review of the submittal information, additional information specific to
the application may be requested in order to adequately review and process the application.
The planner in charge of the review will request the information from you directly.
We have scheduled this application for review at a public hearing by the Boazd of County
Commissioners on Wednesday, Mazch 12, 1997 at a meeting to begin at 5:00 P.M. Should this
date be inconvenient for you, please contact me within 3 working days of the date of this letter.
After that the agenda date will be considered final and changes to the schedule or tabling of the
application will only be allowed for unavoidable technical problems. The Friday before the
meeting date, we will call to inform you that a copy of the memo pertaining to the application is
available at the Planning Office.
Please note that it is your responsibility to post the subject property with a sign within 15 days of
the public hearing and to remove it from the property within one week following the hearing.
Please submit the enclosed Affidavit of Notice by Posting as proof of compliance with the Code
prior to or at the hearing.
If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920-
5093.
Sincerely,
~ ?L ~
Rhonda Hazris
ASPEN/PITI{IN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
TO: County Attorney
County Engineer
Zoning
FROM: Suzanne Wolff, Community Development Department
RE: Stearn Extension of Vested Rights
Parcel ID #2735-142-00-017
DATE: December 30, 1996
Attached for your review and comments is an application submitted by Leathern Stearn.
Please return your comments to me no later than February 7, 1997.
Thank you.
Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(970)920-5090
City Land Use App-
00113-63850-041
-63855-042
-63860-043
-63885-268
-638?5-046
-MRO1 I
10000-6?100.383
15000-63050-480
15000-630651x82
ieation Fees:
Deposit
Flat Fee
HPC
Public Right-of-W aY'
Zoning & Sign Permit
Use Tzx
Park Dedication
Ah Commercial
AH Residential
County Land Use Application Fees:
001 1 3-63 800-03? Deposit
-63805-034 Flat Fee
53820-037E°nmg
-63g~5{t3g F3ea;d of Adjustment
Referral Fees:
0311363810.035
OO115-63340-163
6?023-63340.190
0012553340205
0011363815-036
OOli3-63812=312
Sales:
00113-63830-039
-69000-145
County Engineer
City Engineer
housing
Environmental health
County Clerk
W eldlife Officer
County Codc
Copy Fees
Other _____-
~.
--~r~~~ ` ~-G.----
Total~~~%C1 ~C _
Project: u.: ~- ^ .--
Case o. ~ ~~r
No. of Copies __----
,[t ~1/~.77~~ ~'Di~Irl
Name
Address. _ }-~'-~~ "~ a
/ ~tC '1.,.
L.G'-~'-' ~ ~-
Phone: _~-----
t
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