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HomeMy WebLinkAboutpitkin.planning.264322303013 (3)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 (11x17) .~ PARCEL IDi 2643-223-03 013 DATE RCVD:, r CASENANIE: Casden Exten of Vested Rights PROJ ADDR: 1100 McLain Flats Rd OWNIAPP:Casden Alan ADR 9090 Wilshve Bh REP: Peterson Brooke, Kaufman, ADR: 315 E Hyman Avi Email Addr:' FEES DUE: 1110+110 Clerk FEES RCVDc 1110+1' REFERRALS County Attorney, Zoning, Env Health, CO Divi REF...r-., , BY ~' .~t , MTObATE ..REV BODY PH 'NOTICE 9/23/1998 BOCC '. Nr o ~ 8/22/19£ I1 1.-_I REMARKS Old PID 2643-223-00-013 Formerly 130£ CLOSED:~9/23/1998 BY: TKT r PLAT RECORDED~~ ~ PLAT (BK, VR APPROVAL DATEi. CASE TYP: CASETYPY. CASE TYP3i; '. CASE TYP4:.~ File Loca[lon:..: ~BOx 177 X11/1998 a #COPIES: 12 CASE NO P084-98 RESOLUTION OF THE BOARD OF COUNTY COMMLSSIONERS OF PTTHIN COUNTY, COLOR.IDO, GRANTING EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR THE CASDEN PROPERTY ON MCLAIN FLATS ROAD Resolution No. 98-1'19 1. Alan I. Carden, hereafter "Applicant", has applied to the Pitkin County Board of County Commissioners, hereafter "Boazd", to consider an extension of vested real property rights pursuant to Section 4-140.30 of the Land Use Code. 2. The following previous approvals were granted to the subject property: • Thomas A. Moore Et. Al. and James E. Moore Subdivision Exemption for a Lot Line Adjustment pursuant to BOCC Resolution No. 89-95. • Administrative Extension of Land Use Approval (Weinglass), August 13, 1992. • Extension of Vested Real Property Rights pursuant to BOCC Resolution No. 95-234. 3. The subject property is located at 1309 McLain Flats Road, and is legally described as a tract of Land situated in Lot 19 of Section 22, and Lots 3 and 22 of Section 27, all in Township 9 South, .Range 85 West ofthe 6th P.M. 4. The Boazd heazd this application at its regulazly scheduled meeting on September 23, 1998, at which time evidence and testimony were presented with respect to the application. 5. The Board determined that the proposed development meets the criteria established in Section 4- 140.30 of the Land Use Code, and therefore found the extension to be appropriate. NOW, THEREFORE BE TT RESOLVED by the Pitlcin County Boazd of County Commissioners that it does hereby grant an extension to the vested property rights until September 23, 2001, subject to the following conditions: 1. The conditions of this resolution replace all conditions of approval established in BOGC Resolution No. 89-95 (Moore), Administrative Extension of Land Use Approval granted on August 13, 1992 (Weinglass) and BOCC Resolution No. 95-234 (Carden). 2. The Applicant shall grant an Avigation Easement to the airport prior to the issuance of a building. permit. 3. Prior to the issuance of a building permit, further review of any proposed structures shall be required by the airport manager. All structures on the site shall be restricted to a height which either conforms to Pitkin County height regulations or to a height which is below the elevation of 7,966, whichever is less. The applicant shall provide drawings verifying the height of all structures at building permit applications: 4. Any development encroaching on slopes in excess of 30 percelnt shall be subject to a 1041 Environmental Hazard Review. I I"I~I^IIIII "I'II IIII" I'I' III"III"I III VIII II'I I'll 423360 10.16/1998 04:04P RESOLUTI DpVIS SILVI 1 of 3 R 0.00 D 0.00 N 0.00 PITKIN CDUNTY CD Resolution No. 98- / % 9 Page 2 5. No development, including grading, entry or ranch gates, septic systems, landscaping (including berming) and vegetation removal or disturbance shall occur outside of the designated building envelope, except for utility and driveway extension and maintenance, and as may be necessary to implement the wildfire mitigation measures required elsewhere in this document. 6. Development of 30 inches above or below grade within the required setback requires approval from the Board of Adjustment. The Applicant shall comply with the following wildfire mitigation standards: a. The house should be situated at least 50 feet from the top of the slope on the southwest corner of the lot: b. Roof construction shall be Class A, non-combustible material with no flat roofs. c. Roofs and gutters shall be kept cleaz of debris. d. Yards shall be kept cleaz of all litter, slash, and flammable debris. e. All flammable materials shall be stored on a pazallel contour a minimum of 15' from any structures. f. Weeds and grasses within the 10' perimeter shall be maintained to a heightno more than 6 inches. g. Firewood shall be stacked on a parallel contour a minimum of 15 feet away from any structure. h. At least one ten pound approved ABC class fire extinguisher shall be placed in a visible and accessible location for each structure. i. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above-ground tank. Any wood enclosures azound the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. j. Fences shall be kept clear of brush and debris. k. Wood fences shall not be connected to the structure. 1. Fuel tanks shall be installed underground with an approved container. m. All vents shall be screened with corrosive resistant wire mesh of one quarter inch maximum. n. Addresses shall be clearly mazked and visible with minimum 2" non-combustible letters and shall be visible and installed on anon-combustible post. o. Utility lines shall be buried. p. Any additional buildings shall incorporate wildfire mitigation measures. ::~ ....Y 111111 (IIII 111111 !11111 IIII IIII liillll III IIIII IIII IIII 423306 10/16/1998 04:04P RESDLUTI DAMS SILVI 2 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 98-~ Page 3 8. A fireplace/woodstove application must be filed and approved by the Environmental Health Department prior to the issuance of a building permit. 9. Prior to the issuance of a building permit, the applicant shall obtain a septic permit from the Envirotmental Health Department. All sewage disposal systems must bedesigned by a registered professional engineer. Sewage disposal system shall be located within the approved building envelope. 10. Prior to the issuance of a building permit, the applicant shall provide documentation of an adequate domestic water supply on the property. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. 11. Prior to issuance of building permit, the Applicants shall submit a Fueitive Dust Control Plan to the Environmental Health Departrnent. The plan shall include measures to ensure that dust does not become a nuisance and blow onto adjacent properties. 12. For any free mazket residential structure of 5,000 gross squaze feet or Greater, the applicant shall comply with Section 4.01.01(B) of the Pitkin County Road Management and Maintenance Plan, which requires the applicant to provide construction trip and residential trip generation studies. The Applicants shall comply with this provision as it is in effect at the time of building permit issuance to the satisfaction of the County Engineer. 13. The Applicant shall adhere to all material representations made in the application and public meetings. NOTICE OF PUBLIC HEARING PUBLLSHED IN THE ASPEN TIl14ES ON THE 22ND DAY OF AUGUST, 1998.. APPROVED AND ADOPTED ON THE 23RD DAY OF SEPTEMBER, 1998. Vesr~a RiGH~rs Nonce. Pvdlsrf-en i~J Yee A•srosv ~~,es oc-2~ zy i99~ ATTEST: tta-ier•es ~rNOcL',C, ~ea1/ Deptrty Clerk and Recorder BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO /~ Dorothea Farris Chair Date: ; O -iY-9r! APPROVED AS TO FORM: John County Attorney Case #P84-98 PID #2643-223-00-013 APPROVED AS TO CONTENT: ~'~~2~-~ 9.25.9 Cindy Houben, Community Development Director I IIII "III'II"I IIII'I I'II III"III"I III ~'I" IIII IIII 423366 10/16/1998 04:04P RESOLUTI DQVIS SILVI 3 of 3 R 0.00 D 0.60 N 0.08 r'iTXIN COUNTY CO .~r a--:~+ zit .~.,..:Y., .~ __. _. 01/04/2005 19:04 9?09253969 SCHUMACHER MCALLISTR PAGE 15 'I - ~i 3y0II0@ 03/@7/96 Q~3: 1~G PG I ^F 8 REL DOC UCC - S4 LV IA DAV IS GITY.IN COLJNTV CLE R4( & R~CC RDEA 0. @0 ' H.88OLIITI0a OS TEL HO#Ra OS C0II1~Y CODIDLI98IOMBHa OY DYY•S25 COIINTZ, COLORADO 6RADi'22H6. aZT8s82ON OP VEBTaa AEAL'. RAOpZHTY AI GH'r9 ron 'aaa exaaax sou as~aAaa; arsaov~w a.aelatiea ss ZY EECITALs 1. plan Casdan (riareinafter ^Applican~'•) has applied to Pit3cia '~. Cvuaty. toconsidar an extension of wasted rQal pzepsrty rights ' pursuaat to Soctieri-4-1403 0! the Land IIia Coda. ' 1. Thaaubjaat propnzty io located at. 7309 MoLairi F1ata Road, ~, and.-ia more agecilically dsacribed in Exhibit A, attached. 7. '.. ~Tha Hoard conoider ad the raquaat at its raqul.arly scheduled msstinq of Auquat a3, 1985, at which time evidence sad testimony wdo praaentad with respect to this application. ;~ 4. TY.io Soard determined that the proposed development meats the eritaria ~oatablisliad in 8aatioa 4-14 of the Land Vsa Ceda, and .._--..--------__..... r, 'therai~ore-loundthe axtanaion to be appYOpriata, aubjaot to t11s reYiaion of o~Clginal canditiona to reflect eurraat County -lagialation. -1I01f, TSaAY?0Aa as ST HaBtlLYSn by the Pitxin County Hoard o! County Cammissian~re that it dooa horsby grant a. three year -wxtansien to the wasting paried !or tkfa Gadan 1041 approvol, - '. ~. aiYbject to the 4oilevinq conditiene: 1.~.. The eonditiena otHeard of County "COmmiealonera Roeolution Mo. _.: _. _..-.-._._.: --.- 49-45~ ~.aa..,-.appl led to Cxiia pro~srtY and as artandad _._ .: ~- administrativ~lybya memorandum detail August 13, 1PD2, shall- Yemain in affect. 3- Th. sppiicant aha11 comply vitn ,the following wildfire, atitigaticn standards: 01/04/2005 39@3B@ 15:04 9709253969 2'3 /@9/96 e3:12P PG 2 CF 8 SCHLR•IA~71ER MCALLI57R PAGE ".5 assoaiaxxdxr xo. sd-~L'~ PALL 2 - - a_ The building anvalapa ariall not Ina located in drawn, canye;ia er an alopae greater t{san 303. _. - b. Root `vonatruvtion'ehall ba Claea A, non-combustible material with no Slat too Ea. e. VariCa shall ba ecreenad with ~,COrroaive resistant wire mesh with maari ~ inch maximun.l 1' d. Roataand gutters eha11 ba kept clear of debris. ' d..Yards~shal1 ba kept clear eE', all litter, slash, and. ilammabla debris. . f. All tlammahla materials shall'.ba stored on a paxallal ' ' contour a minimum of is last sissy Prom any structure. q. Waadaand greases wlthtn the 10 £oot perimeter sriallbe maintaino4 to a height not more than 6 inches. ~. '.p._ 717e'awoodJwoed piles shall ba' stacked en n parallel oonteur a minimum o! iS Eaet missy from Cho structure. i. ~6w~mmiaq peels shall Ds aecssaible to Firn Department. ' vehiolas. I ~. Fenced shall ba kept clear of }gush and debris. k. Wood truces shall not connect to the structure. 'l. 'Any ot~ttbuildinga or additional structures shall adhara to-the sama^tandards as structures. Al• Fuel tan]cs shall ba installed underground withan. approved container'. i h. Prmpane tanDes shall ba installed iccordinq to NFpA 4i standards and on aeantvur ava~ from the strnoturs with ^tandard datanaibla spaoa vag Cation mitigation around - any above-ground bank. Anyy wbod enclosure around the tank sha7.1 Jba constructed vith..mntariale wpprova4 toz 3 hour lire-refiative conaCructitln an the exterior aide of the ad1ls. c. Lath structura.ahall have a minimum of one io pound approvadABC fire axtinquiahar placed 3n a visible and aceaasihla lo~at~on- y. Adarassas shall be Clearly marXad with 2 inch non- eoa~buatitnla letters and shall Ina viaik+la and installed aP1a rwn-combustible post. i ~. Q. .IItility lines shall ba burisd.i ~\3. limy atructura on,sit• shall ba raayl'rzoted to a height which . ;tither caniormf to Pitkin County he. grit requlationa or which if bilev the maximum allovahl• Alevatien vt 7,966',. as datarminadbyth~ airport manager, whichever io lass.Tha syypplicant shall Drorlde drawings variEyying the height os ali ' ftructurae at-building permit applleation. '4. s9a11- and septic system location shall be approved by the biavirvnaantal Health Department prior to issuassca e! a builflinq permit. 5. -i`ha applicant shall adhere to ali 'material raprasentatiena made-~in the. cur~@tit and prnvioi¢s publio hearings eitd i ' ~,~ 01/04/2905 :6:01 9709253969 SCHUMA~iER MCALLI9TR ~i I I 390550 O3/Q7/96 O3.~]2F' FO 3 ~F A i ~I RBSOLI9PSON NO. 95-~~ ' aneE a I applicatiana reQesdf]]q this property. ApPRC48D 3!m 71DCHT$D ON T&'H 23Rd D~7f 07 ACaIIBT~ 1995. .+ ~ ~'i HCRHD ~O3' C0~7`E7C COmfl'na P2?]Iat COOfT;~ COLJO//A'H'D~< DS ~~ ~~'/ PAGE 17 01/04/2005 16:04 9709353969 SCHlR~1AC4ER MCALLISTR ~w ' . ~ ... ..-..,.J. h H t'i~ ( )7 [~?! F ,UqA f~(.l~ h~u`. JU vrt ~~ V m ~ a° Cn RESOLUTION OF THE BOARD OF COUNTY COMNIS~NEi~° y 08 pITISZN COUNTY, COLORADO, GRANTING THOMAS A. M~L- $T.AL.' AND JANEB E• 1YO0RE 6USDIVIBION EXEMPTION FOR A LOT LINE ADJiTSTMEN'i' 1 Resolution No. 89 Thomas A. Moore at,al. and James E. Moore (hereinafter "Applicants") are the owners of real property in Pitkin County; artd wA8REA6, acid property is located on 1309 McLain Plats Road, in Seotioh 22, Township 9 South, Range 85 West, (legally .described in Exhibit °A"); and NHERSAS, the Planning Office has granted approval of a Minor' 1041 Errviranmental Hazard Review, aubjeet to conditions as noted bglowt and RTi$REAS, the applicants have proposed a lot line adjustment pursuant to section 4-2.2(a)(2) o! the Pitkin county Land Use Coda; dad ~8A8, said adjustment .is between Lot 29, a 17.28 acts parcel owned by Thomas A. Moore et.al., and en adjacent 3.7 acres owned by James 8. Moore and Thomas A. Moore et.al.; said 3.7 carps„being a portion of a 313 acre tract owned by James E. Moors and Thomas A. Moore st.al, T fled ~R871S.'there will be a net gain of approximately 3.7 acrea to LOt 19 and a net loss of approximately 3.7 acres to the adjacent Jaaas E. Moore and Thomas A. Moore et.al. parcel) and ~~~, :said adjustment will reconfigure Lot 19, which is Currently. bisected by McLain Flats Road, to lie ehtirely west Of said Road; and P:GE 11 01/04/2905 16:09 9709253969 6CHUMACNER IArALLISTR Resolution No. gg-~ RUDK V;JJ ''%15c 3 l Page 8 ~~AS. said adjustment will cause Lot 19 to become a conforming lot of record; and '~ the Soard of County Commissioners considered the Applicants raqueat at a regularly scheduled public meeting an August 29, ],989; and 1iHERBASr the proposed Lot LSne Adjustment was found to be conaiatent with the pitkin County Land Use Code criteria Por a Lot Line Adjustment. NOIi, THEREFORE, gg Zq. RSSOLYEO by the Pitkin County Hoard o! ceuntY Commissioners that it hereby ~~rants a &ubdivis.ton Exemption for a Lot Line Ad `-°"'--'-"-"-""~ e'--,~_.__~.._.___,_..~ juatment to ThomasYA. Moore et.al. and Ja1Aea $. Moors. pursuant to Section 4-a.2(a)(2) of the pitkin County Land Use Coda subject to the Following conditions: l) Coun appliaant shall grant a fiaharman's easement to Pitkin ty along the Roaring pork River as it passes through the Thomas A. Moore at.al. property. said easement shall be a non-exclusive easement granted to the putblic at Serge for the purpose oP Piahing. said easement shell extend to five (S) toot above the high water stark an the property along the bank of the said river. Said easement shall ba raaorded concurrently with the Resolution and aheil be in the forte attached hereto as Exhibit n8n, 2)_ 'The applicant shall prepare a Lot Line Adjustment plat indicating the adjusted cots and a building envelope on Lot l9, as adjuatad. said plat shall meet the approval a£ the planning bepartmant and the County Attorney, said plot shall also indicate the Miner 1041 Review conditions of approval as follows: The planning office grants approval of the Minor 1041 Review Sneed on the Following conditions: a) AnY structure on site shall be restricted to a ---~ height which is below the maximum allowable elevation o! 7~966~, as detarminaii by the airport PAGE 12 .~;~: "~ r" G ~1 F ~~ r'µ4, 01/01/2005 10:94 3709253369 SCHUhIA~IER MCI~LLISTR (+ i pp Reaa,lution~ No. 89-~~ °Q~7H E~J'~ -~G: ~'J Page 3 manager prior to issuance of a building permit. -.,' b) well and septic system ;5ocatiorr shall be approve) by the Environ~nertal Health Department prior to issuance of a building permit. ~ "~~ c) Any building enoroachin on s1 9 op'~es in excpsa of 30 percent shall be subject to a 1042 Environmental Hazard Review. i APPROVED by the Hoard of County commissioners or Pitkin County at.thelrregular meeting on August 29, 1589. _ BOARD OF CtlUNTY CONMISSIONERS OF PITKIN COUNTY, COhORADO By~1 I ~ ~ n .,~„R Colette Penne, Chairperson - .ri,.~G4se 7n't"rr - + ~..Jqy:~... ~ AP OVED A. I CONTSNTa Theeas.-'~' ~ _ Em.th, y qex , Co+:n':,y at-i:orn~y Plan - ~ Aq Lirec i i i i PA['aE 23 91/04/2005 i9: 04 9799253969 9CHUMACHER P4rpLLISTR .. - ~~~ ,~~,~~ f ~ F~~ 3~ .~ '~ 1~I82T A II j A tract of land situate in Wt 19 of Section 22~~ and Lots 3 and 22 of .Section 27, all in :bwnship 9 South, Range 85 4'est of the bth principal Meridian heiTrg more partieularlw described as follows: eeyilu>;s,~ at a point whence the witness turner ~ thje touth 1/4 Corner of Said. Section 22 bears N 19°21'20" W 376.98 feet; tyence S 89'39'40" W 121686 feet to the west :line of e;aid Lot 22; thence', N 01'03'29' E 355.96 -feet alofig said'wgst line; thence N 89'39'90• E 115.05 Eeet along the north litse of eaid.Iot 22T theses N 00'19'45" W 615.93 Ceek along the west Line o$ said Fnt t9 to a fence line; thence S 89'09'03" E; 707. bb feet along acid fence line bo the center of McLain Flats fbad; thence 135..74 feet along the ...arc n! a 3300.00 foot radius ciui;e tp the right, having a central angle of 07'J1~24" and subteTdlTlg a chord bearing 5 23°SA'2b"~E 135.73 feet; thence 8; 22'47'44" S 901.,19 feet to the point of beginnirq,i containing 21.000 aerea mire or less. i i i PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff PHONE: (970) 920-5093 DATE: 8/7/06 E-MAIL: suzannew(a~co.oitkin.co.us LOCATION: 1309 McLain Flats Road ZONE: RS-20 OWNER/APPLICANT: Steve and Joan Smith REPRESENTATIVE: Carol Dopkin PARCEL ID #: 264322300013 ACRES: 21 EMAIL: carol@caroldopkin.com Type of Application: Activity Envelope and Site Plan Review, Special Review and GMOS Exemption for TDR Receiver Site (Formerly Casden 1041) Description of Project/Development: Applicant desires to establish an activity envelope for a residence and driveway, and to utilize TDRs for additional floor area. ' Pitkin County Land Use Code: Sec. 2-30-20(g (2 & 3): Site Plan and Activity Envelope Criteria for Approval; Sec. 2-30-30(h): One-Step Special Review Criteria for TDR Receiver Site; Sec. 6-30-50(b): GMOS Exemption for Development Using TDRs for Additional Floor Area Sec. 6-70-40(b)(1): Criteria for Receiving Sites Sec. 7-10-50: Site Plan and Activity Envelope; Sec. 7-20-20: Steep and Potentially Unstable Slopes; Sec. 7-20-20(e) 2-10: Grading; Sec. 7-20-30: Water Courses and Drainage; Sec. 7-20-60: Wildfire Hazard -Mapped Low Wildfire Hazard Area; Sec. 7-20-70: Wildlife Habitat; Sec. 7-20-90: Irrigated Lands Sec. 7-20-120(d & e): Standards for Scenic View Protection Areas; Sec. 7-20-130: Landscaping and Vegetation Protection. Review By: One-Step Review by Hearing Officer. Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. Staff Will Refer Application To: Airport, CO Division of Wildlife, Aspen Fire. FEE: 4 087 (make check payable to "Pitkin County Treasurer"). The Fee includes a $3,927 Planning Flat Fee (which is non-refundable and based on 17 hours of staff time; if staff review time exceeds 20.4 hours, the applicant will be charged for time in excess of 17 hours at a rate of $231 per hour), a $110 Airport referral fee and a $50 publication fee. The Hearing Officer's review time will be billed at the rate of $175/hour at the conclusion of the review process. To apply, submit the Fee specified above and 5 copies of each of the following documents (unless otherwise specified): 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" Site Plan as designated in Sections 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; 3. Wildfire Hazard Analysis and Mitigation Report from a County certified wildfire expert 4. Previous Land Use Approvals (if applicable); 5. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 6. Street address and parcel description, including legal description, and 8-1/2"x 11"vicinity map locating the subject property within Pitkin County; 7. Consent from the owner of the property for the representative named above to process the application and represent the owner (1 copy); 8. Disclosure and proof of ownership of the property complying with Subsec. 5-70-020(D) (1 copy); 9. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (1 copy); 10. List of adjacent property owners and mineral estate owners (1 copy); and 11. This Pre-Application Conference Summary Sheet. NOTES: PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). ALL SITE PLANS MUST BE FOLDED. THE PARCEL ID SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. The Pitkin County Land Use Code is available on-line at www.asaenoitkin 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 staff's interpretations based upon representations of the applicant's representative. Additional information may be required upon a complete review of the application and site visit(s). PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff PHONE: (970) 920-5093 E-MAIL: suzannewt~co.oitkin co us LOCATION: 1309 McLain Flats Road ~~ ~~~ b~~ OWNER/APPLICANT: ~ari2~ nab REPRESENTATIVE: Ala man (~a.i,e'( ~ p (C-w DATE: ZONE: RS-20 PARCEL ID #: 264322300013 ACRES: 21 PHONE: 926= f9~2TS arie~~• ?'C~u.C(d-o~~-c.~ • Cave. Type of Application: 1041 Hazard Review and Conceptual Submission, Scenic /Scenic Viewplane, Special Review and GMOS Exemption. (Formerly Casden 1041) Description of Project/Development: Applicant desires to establish a building envelope for a residence and driveway, and to utilize TDRs for additional floor area. Pitkin County Land Use Code: • Subsec. 3-60-40: Scenic Overlay (property is mapped Scenic Review from Highway 82 and Scenic Viewplane from McLain Flats) • Sec. 3-70: Water Resources • Subsec. 3-80-050(C)(1)(c): Geologic Hazards-Slopes (The lot has slopes > 15% and 30%,). • Subsec. 3-80-070: Wildfire Hazard Areas (The property contains wildfire hazard areas. Applicant must consult with aCounty-certified wildfire expert for appropriate wildfire mitigation measures). • Subsec. 3-80-80: Wildlife • Sec. 3-110: Improvements and Services • Sec. 3-210: Special Review • Subsec. 9-110-042(C): GMOS Exemption to utilize TDRs for Additional Floor Area Review By: One-Step Review by Hearing Officer. Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. Staff Will Refer Application To: Airport, Zoning, CO Division of Wildlife. FEE: 3 035 (make check payable to "Pitkin County Treasurer"). The Fee includes a $3,010 Planning Flat Fee (which is non-refundable and based on 14 hours of staff time; if staff review time exceeds 16.8 hours, the applicant will be charged for time in excess of 14 hours at a rate of $215 per hour), and a $25 publication fee. The Hearing Officer's review time will be billed at the rate of $~hour at the conclusion of the review process. (NOT€Fees increase May 25;2005} - I- ~ ~ / I ~" To apply, submit the Fee specified above and 5 co ies of each of the following documents (unless otherwise specified): 1. Letter of request and ancillary material 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 beeri met, including demonstration of compliance with scenic review and scenic viewplane; 2. Consent from the owner of the property for the representative named above to process the application and represent the owner (1 copy); 3. Disclosure and proof of ownership of the property complying with Subsec. 5-70-020(D) (1 copy); 4. Street address and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject property within Pitkin County; 5. Draft 24" x 36".1041 Hazard Review Site Plan (paper, not mylar) prepared in accordance with the requirements of Subsecs. 3-80-050(C)(1)(b) and 5-70-040 (see Attachment for a summary of the updated site plan requirements); 6. Executed Pitkin County Community DeveldpmentAgreement for Payment of Land Use Application Fees form (1 copY)i 7. List of adjacent property owners and mineral estate owners (1 copy); and 8. This Pre-Application Conference Summary Sheet. NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF .POSSIBLE). ALL SITE PLANS MUST BE FOLDED. THE PARCEL ID SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. - The Pitkin County Land Use Code is available on-line at www 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 staff's interpretations based upon representations of the applicant's representative. Additional information maybe required upon a complete review of the application and site. visit(s). Process is similar to that for the LIR-35 zone district (Brush creek area): It is shortened in that it is two steps -conceptual, detailed and final are reviewed in one step to PZ and final is reviewed by BOCC in 2°d step. Subject to rezoning criteria, subdivision criteria if subdivision is occurring, and special CD-PUD criteria PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Lance Clarke DATE: 3/4/05 PHONE: (970) 920-5452 E-MAIL: I ancecCcr~co. oitk i n. co. us ZONE: RS-20 LOCATION: 1309 McLain Flats Road PARCEL ID #: 264322300013 ACRES: 21 OWNER/APPLICANT: David Gerstenhaber REPRESENTATIVE: Francis Krizmanich PHONE: 927-4263 EMAIL: bfxkrizna rof.net FAX: Type of Application: 1041 Hazard Review and Conceptual Submission, Scenic /Scenic Viewplane. (Formerly Casden 1041) Description of Project/Development: Applicant desires to establish a building envelope for a residence and driveway. Pitkin County Land Use Code: • Subsec. 3-60-40: Scenic Overlay (property is mapped Scenic Review from Highway 82 and Scenic Viewplane from McLain Flats) • Subsec. 3-70: Water Resources • Subsec. 3-80-050(C)(1)(c): Geologic Hazards-Slopes (The lot has slopes > 15% and 30%,). • Subsec. 3-80-070: Wildfire Hazard Areas (The property contains wildfire hazard areas. Applicant must consult with aCounty-certified wildfire expert for appropriate wildfire mitigation measures). • Subsec. 3-80-80: Wildlife • Subsec. 3-110: Improvements and Services Review By: One-Step Review by Hearing Officer. Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. Staff Will Refer Application To: Airport, Zoning, CO Division of Wildlife. FEE: 3 035 (make check payable to "Pitkin County Treasurer"). The Fee includes a $3,070 Planning Flat Fee (which is non-refundable and based on 14 hours of staff time; if staff review time exceeds 16.8 hours, the applicant will be charged for time in excess of 14 hours at a rate of $215 per hour), and a $25 publication fee. The Hearing Officer's review time will be billed at the rate of $135/hour at the conclusion of the review process. (NOTE: Fees increase May 25, 2005). To apply, submit the Fee specified above and 5 copies of each of the following documents (unless otherwise specified): 1. Letter of request and ancillary material 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, including demonstration of compliance with scenic review and scenic viewplane; 2. Consent from the owner of the property for the representative named above to process the application and represent the owner (1 copy); 3. Disclosure and proof of ownership of the property complying with Subsec. 5-70-020(D) (1 copy); 4. Street address and parcel description, including legal description, and 8-1/2"x 11"vicinity map locating the subject property within Pitkin County; 5. Draft 24" x 36" 1041 Hazard Review Site Plan (paper, not mylar) prepared in accordance with the requirements of Subsecs. 3-80-050(C)(1)(b) and 5-70-040 (see Attachment for a summary of the updated site plan requirements); 6. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (1 copy); 7. List of adjacent property owners and mineral estate owners (1 copy); and 8. This Pre-Application Conference Summary Sheet. NOTES: Y PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). ALL SITE PLANS MUST BE FOLDED. THE PARCEL ID SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. Y The Pitkin County Land Use Code is available on-line at www.asoenoitkin.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 staff's interpretations based upon representations of the applicant's representative. Additional information maybe required upon a complete review of the application and site visit(s). MEMORANDUM TO: Board of County Commissioners Regular Meeting -September 23, 1998 TIIRU: Cindy Houben, Commun~iJt~y Development DirectorC~ FROM: Tamara Pregl, Planner d ~ RE: Carden Extension of Vested Rights SUMMARY OF REQUEST: The applicant is requesting an Extension of Vested Rights for a period of three years pursuant to Section 4-140.30 of the Land Use Code APPLICANT: Alan L Carden REPRESENTATIVE• Hal S. Dishier, Kaufman & Peterson, P.C. LOCATION: The subject property is located at 1309 McLain Flats Road. ZONING/LOT SIZE: RS-20, approximately 21 acres. PROCEDURE/PROCESS• An Extension of Vested Rights is a one-step review before the Board of County Commissioners. BACKGROUND/EXISTING CONDITION The property was granted approval for a lot line adjustment and minor 1041 review pursuant to BOCC Resolution No. 89-95. The request for a lot line adjustment and minor 1041 review was for the purpose of making Lot 19 a conforming size lot of record and the reconfiguration of the lot which was bisected by McLain Flats Road. The plat was recorded in Book 23, Page 67. An Administrative Extension of the Land Use (Weinglass) approval was granted on August 13, 1992 by the Planning Director. Pursuant to BOCC Resolution No. 95-234, the property was again granted an extension of vested property rights (Carden). With the exception of a steep embankment, which contains slopes in excess of 30 percent, in the southwest corner of the lot, the site is a flat open pasture. The approved building envelope does not encroach on the embankment. REFERRAL COMMENTS: Referral agency comments are incorporated throughout this memorandum, and are attached for reference. Referrals were received from Zoning, Assistant Airport Director, Colorado State Forest Service, and Environmental Health. Comments were not received form the County Attorneys Office or the Colorado Division of Wildlife. David Bravidca, Assistant Director of Aviation, has reviewed this application and has indicated that in addition to comments submitted by Rick Davis on July 24, 1989: Casden Extension of Vested tghts September 23, 1998 • The entire property falls within the Medium Hazard Zone (AP-M) area. This area encompasses the majority of flight paths/patterns used at the airport which might subject an applicant to potential, significant flight hazards. • The property does not penetrate the 100:1 imaginary slope from the nearest point of the airport runway as defined in Federal Air Regulation Part 77, Objects Affecting Navigable Airspace. However, as is recommended in the Moore Lot Line Adjustment Application Review, if the property is further developed review of the proposed structure by the airport should be a requirement. • A majority of the property falls within the 55 LDN noise contour. The applicant should be advised that the property may be subject to multiple aircraft operations which may occur during concentrated periods of time. • In consideration of the facts, the applicant should be required to enter into an Avigation Easement Agreement with the County in exchange for approval of this application. Vince Urbina of the Colorado State Forest Service has reviewed this applicant and has rated the approved building envelope as low. However, the far west side of the property has a slope that exceeds 30% with woody fuels that would warrant a severe rating. Mr. Urbina has recommended that the home be situated at least 50' from the top of the ridge to avoid any connective or radiant heat that would come from a fire burning on the slope. The Environmental Health Department (EHD) has reviewed this application and has indicated that EHD needs adequate information on the quantity and quality of water available. Septic and building permits may not be issued until this information is provided. In addition, lots in the McLain Flats area have individual septic systems. All such systems installed within Pitkin County require septic permits issued by EHD and must comply with the County septic regulations. The applicant must received a septic permit prior to the issuance of a building permit. Furthermore, EHD has indicated that activities such as road building and landscaping require a Fugitive Dust Plan. Prior to the issuance of a building permit, the applicant shall submit a Fugitive Dust Plan to EHD for review and approval. ANALYSIS OF PROPOSAL EXTENSION OF VESTED RIGHTS The following is a review and analysis of the proposal relative to the applicable standards of Section 4- 140.30 of the Land Use Code. In reviewing a request for the extension of vested property rights, the Board shall consider, but not be limited to, the following criteria: The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights. Response: There were no conditions which required performance prior to the date of application for extension of vested rights. However, pursuant to Condition # 1 of BOCC Resolution No. 89-95, the applicant recorded a fisherman's easement to Pitkin County along the Roaring Fork River. This easement was recorded in Book 609, Pages 40 - 43. Casden Extension of Vested .` fghts September 23, 1998 2. The progress made in pursuing the project to date, including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project. Response: There have been no efforts made to obtain building permits 3. The nature and extent of any benefits already received by the County as a result of project approval, such as impact fees or land dedications. Response: There have been no benefits received by the County such as impact fees or land dedications. There are were no land dedications required. 4. The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. Response: The needs of the County and the applicant would be serviced as an extended time frame for development would be allowed. 5. An extension or reinstatement may be in the form of a development agreement duly authorized and executed by the applicant and the County. Reasonable conditions may be imposed by the Board when granting any such extension or reinstatement. Response: The applicant has indicated agreement to reasonable conditions imposed by the County to comply with new 1041 Environmental Hazard Review standards adopted. RECOMMENDATION: Staff recommends that the BOCC pass the following motion "to approved the Casden Extension of Vested Rights, subject to compliance with the conditions in the attached Resolution." ATTACHMENTS: A. Draft Resolution B. Resolution No. 89-95 C. Administrative Extension dated August 113, 1992 D. Resolution No. 95-234 E. Referral Letters: Zoning, Colorado State Forest Service, Environmental Health, Airport (letters dated August 12, 1998 and July 24, 1989) *~~ ATTACHMENT B -- w BOOR ~UJ PAGE _ ~; ~ m T i CO RESOLUTION OF THE BOARD OF COUNTY COMMIS3`~NEI~ V A ~.hi OF PITKIN COUNTY, COLORADO, GRANTING THOMAS A. M~E LT.AL: AND JAMES E. MOORE SIIBDIVISZON F'~'MF'TION FORA LOT LINE ADJIISTMENT Resolution No. 89~~ WHEREAS, Thomas A. Moore et.al. and James E. Moore (hereinafter "Applicants") are the owners of real property in Pitkin County; and - WHEREAS, said property is located on 1309 McLain Flats Road, in Section 22, Township 9 South, Range 85 West, (legally described in Exhibit "A"); and WfDrREAS, the Planning Office has granted approval of a Minor 1041 Environmental Hazard Review, subject to conditions as noted below; and, WHEREAS, the applicants have proposed a lot line adjustment pursuant to Section 4-2.2(a)(2) of the Pitkin County Land Use Code; and WF~REAS, said adjustment is between Lot 19, a 17.28 acre parcel owned by Thomas A. Moore et.al., and an adjacent 3.7 acres .owned by James E. Moore and Thomas A. Moore et.al.; said 3.7 acres being a portion of a 313 acre tract owned by James E. Moore and Thomas A. Moore et.al. and WI~REAS, there will be a net gain of approximately 3.7 acres to Lot 19 and a net loss of approximately 3.7 acres to the adjacent James E. Moore and Thomas A. Moore et.al. parcel; and WHEREAS, said adjustment will reconfigure Lot 19, which is currently bisected by McLain Flats Road, to lie entirely west of said Road; and eooH 6U9 ~acE 37 Resolution No. 89-~ Page 2 ~, said adjustment will cause Lot 19 to become a _~ conforming lot of record; and WHEREAS, the Board of County Commissioners considered the Applicants request at a regularly scheduled aublic meeting on August 29, 1989; and WFDrREAS, the proposed Lot. Line Adjustment was _ found to be consistent with the Pitkin County Land Use Code criteria for a Lot Line Adjustment. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby grants a Subdivision Exemption for a Lot Line Adjustment to Thomas A. Moore et.al. and James E. Moore pursuant to Section 4-2.2(a)(2) of the Pitkin ~ County Land Use Code subject to the following conditions: t 1 mtie annl :..on+ ci+al l ..~n+- r: ,. y,or.,,~~ ~ _ o County along the Roaring Fork River as it passes through the Thomas A. Moore et.al. property. Said easement shall be a non-exclusive easement granted to the public at large for the purpose of fishing. Said easement shall extend to five (5) feet above the high water mark on the property along the bank of the said river. Said easement shall be recorded concurrently with the Resolution and shall be in the form attached hereto as Exhibit "B". 2) The applicant shall prepare a Lot Line Adjustment plat indicating the adjusted lots and a building envelope on Lot 19, as adjusted. Said plat shall meet the approval of the Planning Department and the County Attorney. Said plat shall also indicate the Minor 1041 Review conditions of approval as follows: The Planning Office grants approval of the Minor 1041 Review based on the following conditions: a] Any structure on site shall be restricted to a height which is below the maximum allowable elevation of 7,966', as determined by the airport Resolution No. 89-~~ Page 3 eu~K ~ll~ rac, 3~ manager prior to issuance of a building permit. b) Well and septic system location shall be approved by the Environmental Health Department prior to issuance of a building permit. c) Any building encroaching on slopes in excess of 30 percent shall be subject to a 1041 Environmental Hazard Review. APPROVED by the Board of County Commissioners of Pitkin County at their regular meeting on August 29, 1989. BOARD OF COIINTY COMMISSIONERS OF PITRIN CO~II~NTY~, C{OI~A,RADO By _ ~[~~1 G(.~ _ 1 LfiJ /L/L1I'YC Q Colette Penne, Ch~~annirperson ~R. C:~Cl~Q.Lh, v,:.apucy ~oiincy ~lar.c APPROVE TO pRM: Thomas F. Smith, County Attorney AP OVED CONTENT: Y - 4erum, P1 g Dire ~.._ BOOR 6L~J F6E ~3~ E703IBIT A A tract of land situate in Lot 19 of Section 22, and Lots 3 and 22 of Section 27, all in Zbwnship 9 South, Fange 85 West of the 6th ?rincipal Meridian bei~ more particularly described as follows: Beginning at a point whence the witness corner ~ the South 1/4 Corner of said Section 22 bears N 19°27'20" W 376.48 feet; thence S 89°39'40" w 1216.86 feet to the nest line of said Lot 22; thence N O1°03'29" E 355.96 feet along said west line; thence N 89'39'40" E 115.06 feet along the north line of said Iot 22; thence N 00°19'45" W 615.93 feet along the west line of said Lot 19 to a fence line; thence S 89'09'03" E 707.66 feet along said fence line. to the center of McLain Flats Ibad; thence 135.74 feet along the arc of a 3300.00 foot radius gave to the right, having a central angle of 02'21'24" and subtending a d~ord bearing S 23°58'26" E 135.73 feet; thence S 22°47'44" E 901.19 feet to the point of beginning, containing 21.000 acres more or less. ~, ATTACHMENT C TO: Suzanne Konchan, County Planning Director FROM: Ellen Sassano, Planner RE: Administrative Extension of Land Use Approval - Weinglass DATE: August 13, 1992 REQIIEST/BACRGROIIND: The applicant is requesting extension of land use approval for a parcel which received administrative 1041 approval on August 29, 1989. Pursuant to Resolution No.~89-95, the BOCC granted Thomas A. Moore and James A. Moore a Subdivision Exemption for a Lot Line Adjustment and an administrative 1041 Environmental Hazard Review. The lot line adjustment plat contains the approved building envelope. Leonard Weinglass acquired the subject site subsequent to the land use approval. STAFF COMMENTS: The 21 acre parcel is located on 1309 McLain Flats Road. The property is located in Section 22, Township 9 South, Range 85 West of the 6th P.M. With the exception of a steep embankment in the southwest corner of the lot, the site is flat, open pasture land. The building envelope does not encroach on the embankment which contains slopes in excess of 30~. There are no other mapped hazards. ........... ._. a. i_ the airport and be advised that aircraft noise is certain and may at times be a nuisance. Prior to construction of a residence, the high point of the site and residence should be determined as they relate to the maximum allowable elevation of 7,966' within the airport influence area's horizontal surface. Since approval of the application, the County has adopted Ordinance 92-8 which limits all unincorporated parcels within Pitkin County to 15,000 square feet of floor area. Additional square footage requires special review approval by the Board of County Commissioners. Resolution 88-95 gives the Planning Director authority to approve an Extension of Land IIse Approval for parcels which originally received 1041 Hazard Review approval from the Planning Director. This memorandum with conditions shall be recorded in the Clerk and Recorders Office. Staff recommends that the Planning Director approve vesting of real property rights for the Weinglass parcel for a period of three years, subject to the following conditions: CONDITIONS OF APPROVAL: 1. Any structure on site shall be restricted to a height which is below the maximum allowable elevation of 7,966', as determined by the airport manager prior to issuance of a building permit. " 2. Well and septic system location shall be approved by the Environmental Health Department prior to issuance of a building permit. 3. Any building encroaching on slopes in excess of 30 percent shall be subject to a 1041 Environmental Hazard Review. 4. Any development of this site shall be subject to the provisions of Ordinance 92-8. APPROVED: Suz a Konc an, Coun y Planning Director .,9a55a L.?;'0; i96 ~,:: `""='6 i OF 3 REC DGC UCC SILVIA DRVI G? ..,iN COUNTY CL RK +~ RECDRDEn a. as ATTACHMENT D , RESOLIITION OF Tom', HOBRD OF COIINT'i COMMISSIONERS of plTSZ;r camrrz, caLaRADa ,~y.: GaZANT3.1TG ~8T°..DTSIDN OF VESTED SEAL ?ROPE&T`l RIGA'S ~~ sO& T3E CASDEN 1041 HBZARD APPROVAL ~"~ `1 ~:' Hesclnticn 95_x3 y ~~ RECITALS `" - . .. i. Alan Casden (herei.~xafter "Applicant°) has applied to Bit.~ci.'i County to consider an extension of ves~ed real orope:-ty rights pursuant to Section 4-1403 of the Land Cse Cade. 2. 'The subject proper-_:r is located at L309 NcLzin rats 3oad, and is more speci:_cal_y des~ibed i.-: ?x^ibit 3, actacbed. 3. The Board considered the recues~ at its regular'_y scheduled meeting of August 33, 1995, at which time evidence and testimony was presented wit.' respec~ to this apDliG3tion. 4. The 3oard determined that the proposed development meets t.`se c_--~eria established in Section 4-14 of the Land Gse Code, and therefore found the extension to be appropriate, subject to the revision of original conditions to reflect cir_-ent County legislation. NOA, T~REPOR BE IT RESOLED by the Pittiin County Board of County Commissioners that it does hereby grant a three year extension to the' vesting period for the Casden 1041, approval, subject to the following conditions: 1. The conditions of Board of County~Commissioners Resolution No. 89-95 as applied to this property and as extended administratively by a memorandum dated August 13, 1992, shall remain in effect. 2. The applicant shall comply with the following wildfire mitigation standards: RESOLC'1'ION NO. 95-~'?~ PAGE Z OF d a. The building envelope shall not be 'ocated iz 3raws, canyons or on slcpes grsatar than 30~ b. Roof ccnsL actior. shall be Class a, act.-ccmhusti9le material wii..i no .let roofs. c. vents shal_ be screened with car_osi•re resistant wi_-e mesh wires mesh inch maximun. d. 8eois and guitars shall be :cent clear of deDr'_s. e. Yar:s s.'aall be Neat clear of ail __-e_r, slash, and flammable denr~_s. f. aL' 'lammabie materials shall be ste~.d on a parallel contcur a minimum of .~ feet away from any str±:ct:.re. g. Weeds and grasses within t.`~e l0 Yoct peri3eter shall be maintained tc a heicht not nor: `..an 6 i_^.c es . h. Fi..ewcod/wocd pies shal_ be stac.ad cn a oara_le_ contour a minimum of __ '=et away c_„m V.'~e st:actar=. _. Swimming pools shall be accessible t„ ___> >ena_*•~ent vehicles. ~". FenCHS shall be .L HAt near Oi brls : 3:.d ."~.e.~Cris. ,;c: Weed fences s:.all net connect .,, t:e strac-•.=__. 1. any outbu_ld_cs or ad::i__cral ^st_.:ct•.:res shall adhere to ', :e same standar3s as st=acturas. gym: Fuel tanks s:.al_ be __*stalled under•-round wi-.~~ an approved ccntai,.er. n. Propane tapirs shah be i.'~staL' ed acardi.*:g to NFPA 43 standar3s and on a contour away ,".rem the s ~ actnre with standard defensiae saace vegetaticn mitigation arcund dn`T abCVe-^r'~uP.d tan:{. an`T '.JCCd a^C_CS'1r? aTCU:?d `_!:e taI11C shal_ ne ..cnst_acted 1J1=.. mat9rial3 3pDrC Vet'. ~Or Z hour fir _-re5i5t_ le ccnstraction on t_~e sx=arior Side CL' the walls. ~! Each structure shall have a minimum of one IO pound approved aBC fire extinguisrer placed in a visible and accessible location. Addresses sha'_l be clearly mar'.ced with Z inch non- combustible letters and shall be visible and installed on a non-combusti~le past. q. IItility lines s;.a'_l be buried. 3. Any structure on sits shah be restricted to a height which either conforms to Pittin County height regulations or which is below the maximum al_owabie elevation of 1,966', as determined by t_'~e ai_~aort manager, whichever is less. The applicant shall provide drawings verifying the height of all structures at building permit application. 4. Well and septic system location shall be approved by the Environmental Healt:'~ Department prior to .issuance of a building permit. 5. The applicant shall adhere to all material representations made in the current and prev'_ous DL'b liC hearings and --- - _ _- RESOLIITION NO. 45- ~3~ PAGE 3 appl_cat_ons regarding "his property, APPROPED 1ND aDOPT°..D OM T~ 23Rd DAY OF AIIGIIST, 1995. HOARD OF COUNTY COffiSISS=ONERS, PITSIIT COyII/N~TY, COLD&8D0 HY ~~/! Michael Ise and Cpai-~aa Date Z}~ ~ ~g~ aTTrsT: Jeanet~e Jone Deputy Cle nd Recorder 1S TO CONTSNT: APPROQED AS TO FORM: '~ ~--~y (far uur+u~c ~Onnl~ Suz 3onc ~ John y, Community Development Director Count toraey i~7/96 ~3:1~P P6 =+ . _ ?: ~w ~ • " " y f . eomc Sl:!3 vu: 33 i ' 7C71)<mIS a ~ , • . aita7acr :A 'GC-t9 o1'Sn:L.Cn :2.'sd ;en 3 ar3 ~ Oi. 2seC o! :afd ~. ~, A ~ ' ' - : . " 8nsian~ :'7r all isi '~? 9 Souchr ~r 3S lsut :st. ms ~ firs. 3~s:2paL .. ~ .~ ~ ~ . _~- -. , . ~ llc:dlas Sstssi scr pit-:,ssslacly dsQ.bd a. S~llor~ - or. ~~ ' _ ~~ ~ ~it'~ ~~ ~ ac a P~ 'ls~nca b• .itsfaa mcser Sa r:fa 97YCt3 1/1 0lssasr OL ,- ~ : '. - 3agissfisa; ' ' -~"-r ~ -" - x ?9'{0 and 3aeciDn ~ harts V 19':7':0• i/ 376.{8 !trier :bads 339 -~ . ~ 127fi.3fi !srt ~ ~+rr "~ =~ of said 'mot IIs se+ca Y 07'03'?9. 3 ~5.3fi - . .. Seat aipsq acid +~en::Ssai =!'•wsce 939".9'{0. 3 ti5.J8 !sac alen4 ~ ,'n'.~ _ _ ~ r'j '~.. . Siss o! araid tat a'~27 ~'7ant.~ N 00'19'{S' X 675.33 "_aac ala+q Cr .ras: ;its - . ., _`._y +>~ - - ~ ~ o! said ~i 19 b a hnc~ llsfas :t>tnce 9 39'09'03• S ~7.b6 !we ala9 aasd .~ ;a : b. - ." l - - ~.._ .. ~ ag ~ s.e s r.~ }~. n ;S. ~c.r Oe Xcsain rs,o a7.as cstasa 13s. . :~ i ase o! a 3300.J0 !ooe ~diss as» b -rsa :-rtft.:favssf~ a e~eat aTle aL ~ M " - 02".1'ZI' std svDeatdln9 a dD># baee'~ 3 ~'S8'28• 3 133.'73 :we: bey .' iv "• ~ 9 TZ'{7'ts• 3 90t. i9 tere b t3fr 'Fisft 0E ba9smss~r mneainss; 27.0 .. 2 '.,. ~ w. ~r son cc > ~'" ?act '~ ~ - ~ - ~^ -. ~ - .n Y - J~ ~i rte. ~+w.w _ •~ tiA :~i .T~'+A ... ... 1, 7 ~~ . y A •s.. t ,, _ h. LAW OFFICES OF BROOKEA. PETERSON KAUFMAN & PETERSON, P.C. TELEPHONE GIDEON I. KAUFMAN` (970) 925-8786 HAL S. DISHLER" FACSIMILE 315 EAST HYMAN AVENUE (970) 925-1090 or couesEL: SUITE 305 ERIN L. FERNANDE2"` ASPEN, COLORADO 81611 ALSO ADMITTED IN MARYLWD ^ ALSO ADMITTED IN TEAS ^' ALSO ADMITTED IN FLORIDA June 11. 1998 VIA HAND DELIVERY Ms. Tamara Pregl, County Planner Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Casden 1041 Laud Use Approval Extension: Letter of Request Dear Tamara: Pursuant to the Pitkin County Pre-Application Conference Summary provided by you and in accordance with Land Use Code Section 4-140 and 5-SQ, Alan Casden hereby requests an extension of vested rights for the Casden 1041 Hazard Approval pursuant to Resolution 95-234. Enclosed in accordance therewith are the following materials: (1) A check in the amount of $1,540.00 for fees in connection with this application; (2) A consent form from Alan L Casden designating this law firm and specifically Brooke A. Peterson and the undersigned as authorized representatives in this matter; (3) An Aspen/Pitkin Community Development Department Agreement for Payment of Pitkin County Development Application Fees; (4) A parcel description including legal description and vicinity map; (5) A schedule of adjacent property owners obtained from and in accordance with the records of the County Assessor's office as of the date of this letter; (6) A copy of the Pre-Application form; (7) Proof of Ownership including a quit claim deed that conveys all rights, title and interest in the subject property to Alan Casden, the applicant. Thank you very much for your assistance in this application process. Please advise me of any additional information required to complete the application and the scheduled date of the Board of County Commissioners Public Hearing so that I can properly post according to Section 4-90 of the Code. Sincerely, KAUFMAN & PETERSON, P.C. By~ ~ ~~ Hal S. Dishier HSD/asg cc: Alan Casden Enclosures C:\DOCS\HSD\Casden\Comm. Dev. Dept. 1041 App. Ext. Ltr2 Apr.21.1998 l0:09AM ALAN CASDEN 9090 Wilshire Blvd., Third Floor Beverly Hills, California 90211 Apri120, 1998 Aspen/Pitkin Community Development Office 130 South Galena Street Aspen, Colorado 81611 Re: McLaiu Flats Pro Ladies and Gentlemen: No, 3494 P, 5/7 Please be advised that the undersigned is the owner of real property more particularly described on Exhibit A attached hereto and incorporated herein by this reference. My name, address and telephone number are as stated above. Please allow this letter to serve as authorization of Brooke A Peterson, Esq. and Hal S. Dishier, Esq. of the law firm of Kau&nan & Peterson, P.C. to act as my representatives concerning the application for the extension of my 1041 Hazard Review Approval involving my property on McLain Flats Road in Pitkin County, Colorado. The address and telephone number of my authorized representatives aze as follows: Brooke A. Peterson, Esq. Hal S. Dishier, Esq. Kaufman & Peterson, P.C. 315 East Hyman Avenue Aspen, Colorado 81611 (970)925-8166 (970) 925-1090 (facsimile) Should you have atry questions, please do not hesitate to contact me. awhorinuon-kltrn1041 ..~21. 1998 10:09AM No, 3494 P. 6/7 _ ,.., 1 .a' ~x ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT AQrppmeni for Payment of Pitlun Cout< velopme t Rlication Fees PITKIN COUNTY (hereinafter COUNTY) and ALAN CASDEN (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Extension of 1041 Vested Rights (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Resolution No. 96-52 establishes a ]:ee 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 all APPLICANT to make payment of an initial deposit and to thereafter permit addirional 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 AP]?LICANT'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 Boazd of County Commissioners to enable the Planning Commission and/or Boazd of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. „~4t'21. (998 10:09AM No. 3494 P. 7/7 5, Therefore, APPLICANT agrees that in consideration of the COLTNTY'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 $1,110. oo which is for 6 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 fiuther agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTX Cindy Houben Community Development Director APPLICANT Alan Casden Print Name Signature Date• Mailing Address: 9090 Wilshire Boulevard, 3rd Floor Beverly Hi11s, California 90211 g;~su pport\forms~agrpay, doc 2/19/98 I ( i , 1 ' F I r~ ~~i~l~~~l~~ ~l~ ~I1~1 ~~ ~ ~ ~~ if3486tr5 iiY/ 1 ~T IZ::3^< kac %15. p0 EF'.-t'uB8 FG 688 ~~~ ~_. _ _ _... ~1 I t 14 ~i'1 Silvia Davis~itkin Cnty C1 er k., Doc 2.00 ~/ 1 ~ (~ E ~ ~y ~ 1 I~ 1 n y,~°~~i7kP ,1. I I~„..~~~rQ~~~•,a:~~ll~~l~ cF a~.., I EXHIBIT "A" LEGAL DESCRIPTION A tract of Land situated in Lot 19 of Section 22, and Lote 3 and 22 of Section 27, all in Township 9 South, Range 85 West of the 6th Principal Meridian being more particularly described as follows: Beginning at a point whence the witness corner to the South 1/4 Corner of said Section 22 bears North 19°21'20" Weat 376.48 feet; Thence South 89'39'40" West 1216.86 feet to the West line of said Lot 22; Thence North O1°03'29" East 355.96 feet along said West line; Thence North 89°39'40" East 115.06 £eet along the North line of said Lot 22; Thence North 00°19'45" East 615..93 feet along the West line of said Lot 19 to a Fence line; Thence South 89'09'03" East 707.66 feet along said fence line to the canter of McLain Flats Road; thence 135.74 feet along the arc of a 3300.00 foot radius curve to the right, having a central angle of 02°21'24" and subtending a chord bearing South 23'58'26" Eaet 135.73 feet; Thence South 22'47'44" Eaet 901.19 feet to the point o£ beginning. COUNTY OF PITKIN, STATE OF COLORADO •~; ,,, : ~r. r'. ~. v- ~.., ; ~ ,: .~. ;. , c;: ' ,~ ra' ~ , . ~L t I ' ~- If I 1 '~' ;.' ';5 ~ ;. ' ~ r.<. IS5t1ED BY ..rr ® Commanwealthm POLICY NUMBER Land Title Insurance Company 12 8- 0 5 3 4 5 4 OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, no[ exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason oG 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defrxt in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto armed by its duly authorized oBicers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: By: // ~ l.~re[ary ~ ~ President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of [his policy and the Company will no[ pay loss or damage, costs, attorneys' fees or expenses which arise by reason uf: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in [he dimensions or area of the land or any parcel of which the land is or wasa part; or (iv) environmental procec[ion, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation afTecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation aRecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Dale of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained i( [he insured claimant had paid value for the estate or interest insured by this policy. American Land Title Association Owner's Policy (w-Zl-g71 Face Paye Valid Only If Schedule A, B and Cover Are Attached Form 1141-2 nntr_tet n t Commonwealth® `"' Land Title Insurance Company SCHEDULE A-OWNER'S POLICY r,ASE NUMBER PCT-6647 1. NAME OF INSURED: DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER 9/15/92 @ 1:32 P.M. S 2,900,000.00 128-053454 ALAN CASDEN AND NANCY CASDEN 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: ALAN CASDEN AND NANCY CASDEN 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: PLEASE REFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. PITKIN COUNTY TITLE. INC. 601 E. HOPKINS AVE. Cau tersigned Au orized Agent ASPEN. COLORADO 81611 (303) 925-1766 THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. ~ommonwealth® `~'' ~ .~,. Land Title Insurance Company POLICY N0. 128-053454 CASE N0. PCT-6647 EXHIBIT "A" LEGAL DESCRIPTION A tract of Land situated in Lot 19 of Section 22, and Lots 3 and 22 of Section 27, all in Township 9 South. Range 85 West oP the 6th Principal Meridian being more particularly described as follows: Beginning at a paint whence the witness corner to the South 1/4 Corner of said Section 22 bears North 19°21'20" West 376.48 feet: Thence South 89°39'40" West 1216.86 feet to the West line of said Lot 22; Thence North OS°03'29" East 355.96 Peet along said West line; Thence North 89°39'40" East 115.06 feet along the North line of said Lot 22; Thence North 00°19'45" East 615.93 feet along the West line of said Lot 19 to a Pence line: Thence South 89°09'03" East 707.66 Peet along said Pence line to the center oP McLain Flats Road: Thence 135.74 Peet along the arc of a 3300.00 foot radius curve to the right, having a central angle of 02°21'24" and subtending a chord bearing South 23°58'26" East 135.73 feet; Thence South 22°47'44" East 901.19 feet to the point of beginning. COUNTY OF PITKIN, STATE OF COLORADO. >- ~Commonwealth® +-• Land Title Insurance Company SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY PCT-6647 9/15/92 @ 1:32 P.M. .,. POLICY NUMBER 128-053454 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereto- after furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims, reservations or exceptions in patents or in Acts authoriz- ing the issuance thereof; water rights, claims or title to water. 6. Taxes for the year 1992 not yet due or payable. 7. Reservations and exceptions as contained in United States Patent recorded May 12. 1899 in Book 55 at Page 492, as follows: Right of the proprietor oP a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises. 8. Reservations and exceptions as contained in United States Patent recorded November 12. 1912 in Book 55 at Page 492, as follows: 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; and right of way for ditches or canals constructed by the authority the United States. 9. Grant of Easement granted unto the Board of County Commissioners of Pitkin County, Colorado. as set forth in instrument recorded October 21, 1985 in Book 497 at Page 605. 10. A 60 Poot road easement as shown on the Weinglas-Moore Lot Line Adjustment Exemption Map, as referenced in Deed recorded February 10, 1986 in Book 505 at Page 164. il. Terms, conditons, Restrictions, reservations, provisions and obligations as set forth in Resolution recorded in Book 609 at Page 36. 12. Building Envelope and Set Backs as set forth in Lot Line Adjustment Piat recorded in Plat 23 at Page 67. 13. Deed of Trust Prom: ALAN CASDEN AND NANCY CASDEN To the Public Trustee of Pitkin County For the use of LEONARD WEINGLASS To secure $1,900,000.00 Dated SEPTEMBER 4. 1992 Recorded SEPTEMBER 8, 1992 IN BOOK 688 AT PAGE 213 Reception No. 348426 EXCEPTIONS NUMBERED 1, 2. 3 & 4 ARE HEREBY OMITTED. CONDITIONS AND S"I'1PULA7'IONS 7, pETERMINATION, EXTENT OF LIABILITY AND ~JINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and.only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the Icast of: (i) the Amount of Insurance slated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject [o the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Dale of Policy is loss than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by a[ least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance al Dale of Policy bears to the total value of the insured estate or interest at Dale of Policy; or (ii) where a subsequent improvement has been made, as [o any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent o the Amount of insurance stated in Schedule A bears to the sum of the Amount of Insurance slated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, altomeys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the Parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an oxpress statement or by an endorsement attached to This policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack o(a right of access to or from [he land, or cures the claim of unmarke[ability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have (ally performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final detern~ination by a court of competent junsdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be Iixble for loss or damage to any insured fur liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro Canto. 11. LIABILITY NONCUMULATIVE. If the insured acquires title to the estate or interest in satisfaction of the indebtedness secured by the insured mortgage, or any part thereof, it is express- ly understood that the amount of insurance under this policy shall be reduced by any amount the Company may Pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. 12. PAYMENT OF LOSS. (al No payment shall be made wit hoot producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. NM 1 American land Title Association Owner's Policy (10-21-87) Cover Page (Continued) (b) When liability and [h4erexyteo,t of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unalTecled by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and [o use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If Toss should result from any ac[ of the insured claimant, as staled above, Iha[ act shall not void this policy, but the Company, in that event, shall he required to pay only that part of any losses insured against by This policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's nght ofsubrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in [hose instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are no[ limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach o(a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess o($I,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules m effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only i( the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered m any court having jurisdiction thereof. The law of the situs of [he land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is [he entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the Policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provi- sion and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices requited to be given the Company and any statement in wr'ning required to be furnished the Company shall include the number of this policy and shall be addressed to Commonwealth Land Title Insurance Company, Eight Penn Center, Philadelphia, Pennsylvania 19103-2198. Valid Onlv If Fare Pa ee, Schedules A and R Are Attached _... Commonweal~~'© "" Land Title Insurance Company ENDORSEMENT FORM 100.30 ATTACHED TO AND MADE A PART OF COMMONWEALTH LAND TITLE INSURANCE COMPANY NO. 128-053454 PCT-6647 The Company insures the Insured against loss which the Insured shall sustain by reason of damage to improvements and landscaping existing on the land at Date of Policy or constructed thereof thereafter resulting from the exercise subsequent to the Date of Policy of any rights to use the surface of the land under the mineral interest referred to in Exception No. 7 & 8 of Schedule B ("the mineral rights"), subject however to the following terms and conditions: 1. The insured shall notify the Company promptly in writing in case knowledge shall come to an insured hereunder of any actual or threatened exercise of the mineral rights. 2. The Company shall have the right, at its cost, to take any action which in its opinion may be necessary or desirable in order for the Company to avoid or minimize the extent of its liability under this endorsement, including, but not limited to any or all of the following: (a) In the Company's own right, or in the name of the Insured of the borrower under the indebtedness secured by the insured mortgage for the Company's benefit to institute, prosecute and pursue to final determination any proceedings at law or in equity, or board; (b) In the Company's own right, or in the name of the Insured or of the borrower under the indebtedness secured by the insured mortgage for the Company's benefit, to compel the giving of security, bond or undertaking by the person or persons from whom the insured or such borrower is entitled by law to such security, bond or undertaking, and in the same amount or amounts to which the insured or such borrower would have been entitled had this endorsement not been issued; and (c) To retain or be paid out of any such security , bond or undertaking, or out any compensation or funds recovered by the Company or by the insured or by the borrower under the indebtedness secured by the insured mortgage, such amount as will reimburse the Company for all payments made to the insured by the Company in connection therewith, including attorneys fees. 3. The insured shall take all reasonable steps to require the borrower under the indebtedness secured by the insured mortgage to cooperate fully with the Company in any action taken by the Company pursuant to the provisions or paragraph 2 hereof, and also to require such borrower to notify the insured promptly in writing in case knowledge shall come to such borrower of any actual or threatened exercise of the mineral rights. 4. No rights, benefits or defenses are intended to or shall be deemed to flow or be made available to any person or entity other than the insured by reason of the insurance afforded by this endorsement, and the insured agrees that all of the insured's rights and remedies against third parties relating to the subject matter of this endorsement shall be deemed to have remained intact, in the same manner as if this endorsement had not been issued. - ~® Commonwealt`C% `~ Land 'T'itle Insurance Company This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements or increase the face amount thereof. IN WITNESS WHEREOF, the Company has caused this Endorsement to be signed and sealed and to be valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. ISSUED AT PITKIN COUNTY TITLE, INC., 601 E. HOPKINS AVE., ASPEN, COLORADO 81611 COUNTERSIGNED ~ ~-L~_P C~ tti AUTHORIZED OFFICER OR AGENT DATED: SEPTEMBER 15, 1992 @ 1:32 P.M. SCHEDULE A Parcel No. Property Owner 264322300013 Alan L Casden 1309 McClain Flats Road Aspen, CO 81611 Parcel No. Adjacent Property Owners 2264327100001 Alberta L. Moore 0603 Maroon Creek Road Aspen, CO 81611 264327200851 Aspen Consolidated Sanitation Dist. 565 N. Mill Street Aspen, CO 81611 264322300801 Snowmass Water & Sanitation Dist. P.O. Box 5700 Snowmass Village, CO 81615 264322400013 Thomas A. Moore and Carolyn White Moore P.O. Box 126 Woody Creek, CO 81656 Please see attached sheets from the Pitkin County Assessor s Office. C:\DOCS\FISD\Casden\Property Schedule A ` r-- :tlunf Mine? Twn7 BIWLot Condo? Mobile] Sales? ^ ~B N Owner Name ress 25 s79 CASDEN ALAN ~ Le al Deschion r District 9090 WILSHIRE BLVD 3RD FL DESC: A TRACT OF LAND SITUATED IN 1998 007 BEVERLY HILLS CA 90211 LOT 19 OF SECTION 22-9-85 AND LOTS Dlst St 3 AND 22 OF SECTION 27-9-85 BEING FULLY DESCRIBED BY METES AND A BOUNDS. FOR COMPLETE DESCRIPTION :el Number MH Space Sequence 1 Names 2 Situs Address 3 Mobile Home 4 Tract/Section 5 Condominiums '~ 6 Block & Lot 7 Book & Page/Sales 8 Miscellaneous 9 Tax Items 10 Pre/Succeed type No Appraisal I MASTER 1 2 3 4 5 6 Current Year Prior Version Go To Imagir Prior Year Next Version Abatement Next Year Clerk's Doc's Update Clear Exit __ LEGALDATA SEQUENCEVERSTART''VEREND' 1 9'. 19980520000'.i9999999999i :ount Mine? Twn7 BIWLot Condo? Mobile? Sales? N 3634 Owner Name A MOORE ALBERTA L ess 25'579 Le al Descn ton ~"`'° r District 0603 MAROON CRK RD DESC: LOTS 14 AND 19 SEC. 22-9-85 LOT 1998 007 ASPEN CO 81611 20 SEC 23-9-85 LOTS 4 8; 5 SEC 26-9-85 Dist St LOTS 1 2 3 5 6 7 10 SEC 27-9-85 LESS 2.4 ACRES RD BK 176 PAGE 297 LOTS 71 13 A 14 18 20 23 24 25 28 SEC 27-9-85 BK 178 :el Number MH Space Sequence 327100001 MCLAIN FLATS ;anon Clty 7 Location Zip Acct Type 4000 Gode Business Name Map No Administration Appraisal 1 Names 2 Situs Address 3 Mobile Home 4 Tract/Section 5 Condominiums 6 Block & Lot 7 Book & Page/Sales 8 Miscellaneous 9 Tax Items 10 Pre/Succeed I MASTER I 1 2 3 4 5 6 Current Year Prior Version Go To Imagir Prior Year Next Version Abatement Next Year Clerk's Doc's Update Clear Exif LEGALDATA SEQUENCEVERSTART'VEREND' T 9' 19980430000''79999999999! ount Mine? Twn7 Blk/Lot Condo? Mobile] Sales? szao N Owner Name ress 25578 ASPEN CONSOLIDATED S NITATION - Le al DesCn tlon r District DESC: ALL OF LOT 4 OF SEC. 27, AND 565 N MILL ST 1998 007 ASPEN CO 81611 THAT PART OF LOT 1 OF SEC. 28 Dist St LYING EASTERLY OF THE CENTERLINE OF THE ROARING FORK RIVER. BEING A FULLY DESCRIBED BY METES AND :el Number MH Space Sequence on City 7 Load. 8161' ie Business Name Administration 1 Names 2 Situs Address 3 Mobile Home 4 Tract/Section 5 Condominiums 6 Block 8r Lof 7 Book & Page/Sales 8 Miscellaneous 9 Tax Items 10 Pre/Succeed Type Appraisal No MASTER Current Year Prior Version Go To Imagin Prior Year Next Version Abatement Next Year Clerk's Doc's Update Clear Exit T 2 3 4 LEGALDATA SEQUENCEVERSTARTVEREND'. 1 T 2 19980504000 )9999999999 RO157~ Year 1 Apr Di Parce 26432 Street' Loca0 N SNOWMASS WATER & SANITATIO District DISTRICT 998 007 PO BOX 5700 SNOWMASS VILLAGE CO 81615 st St A I Number MH Space Seque 2300801 No t3ir NoN Street Name 1 on City 7 Locdtion Zip Acct Type 9000 ie Business Name Map No Administration Appraisal 1 Names 2 Situs Address 3 Mobile Home 4 Tract/Section 5 Condominiums 6 Block & Lof 7 Book & Page/Sales 8 Miscellaneous 9 Tax Items 10 Pre/Succeed I MASTER I 1 2 3 __4 5 s Mine? Twn7 Blk/Loi Condo? M~ blleS 25'sa~ Le al Descn io SECT,TWN,RNG:21.9-85 DESC: DUMP SITE SECT,T W N, RNG:22-9-85 Sales? Current Year Prior Version Go To Imagin Prior Year Next Version Abatement Next Year Clerk's Doc's Update Clear Exit LEGALDATA SEQUENCEVERSTART''VEREND'. 1 L.... .6...19980211000 99999999999 :ounf Mine? Twn7 Bik/Lot Condo? bileT Sales? ^ 8514 N Owner Name ress '. ?5.Sx9 ~. _ MOORE THOMAS A & CAROLYN WHITE LQ aI DQSCTI tlOn „"'`~'"'~ r District PO BOX 126 LOT 18, SEC. 22-9-85, WEST OF THE 6TH. P. M. 1998 007 WOODY CREEK CO 81656 CONTAINING 21.32 ACRES MORE OR LESS. BOOK 322, Dlst St PAGE 188 AND PAGE 427. THE FOLLOWING LAND SITUATE IN SECTION 27-9-85: ALL OF LOT 11, EXCEPT A THAT PORTION LYING WESTERLY OF C/L OF THE :el Number MH Space Sequence 3eYNO Dir. Nott ', StreetNdme UPPER RIVER :anon CNy .i 7 Locdtlon 2~ Acct Type BEN 81611 4000 erode Business Name Mr Administration Appraisal 1 Names 2 Situs Address 3 Mobile Home 4 Tract/Section 5 Condominiums 6 Block & Lot 7 Book & Page/Sales 8 Miscellaneous 9 Tax Items 10 Pre/Succeed I MASTER I 1 2 _3_ _4 5 6 No Current Year Prior Version Go To Imagin Prior Year Nexi Version Abatement Next Year Clerk's Doc's Update Clear Exit LEGALDATA SEQUENCEVERSTART'VEREND -1~- 1' 19960101000'.79999999999!. +t d~~ (1348425 09/oe/9^< 1[ 5 F+^?ib. ClO PfC'688 F'G 21,^n_ ~ Silvia Davis, Fi tk.i i; Cnt~~l eri:, Doc X290. On ,~ .8348605 Og/15/92 13:3^< h'ec ti15. p0 Nfi 688 FG 686 Recorded at Silvia Davis, F'i tk:in Cnty Clerk, Doc ~. 00 Reception No. Recorder RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Brooke A. Peterson, Esq. Drooke A. Peterson, P. C. 315 E. Hyman Avenue Aspen, CO 81611 GENERAL WARRANTY DEED LEONARD WEINGLASS, as Grantor(s), for TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to ALAN CASDEN and NANCY CASDEN, as Grantee(s), as Join[ Tenants with right of survivorship, whose address is 9090 Wilshire Blvd., 3rd Floor, Beverly Hills, California 90211, the following real property in the County of Pitkin, Stale of Colorado; to wit: ~" Asper the legal description attached hereto and made a part hereof ~ as Exhibit "A" with all its appurtenances and warrants title to the same SUBJECT TO AND EXCEPTING: 1. Taxes for the year 1992 due and payable in 1993 and all subsequent years not yet Q.. due or payable. 2. Reservations and ezceptions as contained in United Stales Patent recorded May 12,1899 in Book 55 at Page 492 as follows: Right of [he proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect ~ the premises. 0 a 3. Reservations and exceptions as contained in United States Paten[ recorded November 12, 1912 in Book 55 at Page 492 as follows: N N Right of the proprietor of a vein or ]ode to extract and remove his m ore therefrom, should the same be found to penetrate or intersect ,", the premises; and right of way for ditches or canals constructed by ; the authority of the United States. a 4. Grant of Casement granted unto the Board of County Commissioners of Pitkin County, Colorado, as set forth in instrument recorded October 21, 1985 in Book 497 a[ Page p 605. 5. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Resolution recorded in Book 609 at Page 36. r 6. Building envelope and set backs as set forth in Lo[ Line Adjustment Plat recorded in Plat 23 at Page 67. Signed this 16t day of September, 1992. Leonard Weinglass / tilt 34G42s Transfer Declaration F.'ecei ved ~' #348425 09/OS/92 „3`^,c Slri, n0 Dk 688 FG LI2__g Silvia Davis, Fi tl::in yy,,~~~~~ "iYr CiTCy Clerk., Doc 4290. Ofj STATE OF COLORADO ~ ss. COUNTY OF ~ ~ ) The foregoing General Warranty Deed was acknowledged before me this b ~~ day of September, 1992 by Leonard Weinglass. Witness my hand and official seal. ~1 My commission expires: _Q~ - (~~ - ~ 5 ~~ ; r`i O T ti f, )•'•,. Notary Pub • c ~ i ... ,r'nU D Ll~~~° #34861-~5 09/15/92 13:32 Rec 415.ii0 B4: 688 FG 687 Silvia Davis, Fitkin Cnty Cl er~k, Doc 4.00 m~ntre~.e~ti...e.a 2- t! I{ { i~..~ ~'~ #F34B6O5 U~l/15 1~.:3^< Fec A15.U0 Ek.-t`5B8 fG bB8 _.... .._ .. i~l ~~~l ~~i4y ~}AI i~ ~ Silvia Davi s,~tkin Cnty Clerk, Doc b.OO `r/ iI r J~I~~~ ~I - ~f{±'Iq ~'~~~io~'~(Ik~O~~s' is Nf~4 ~ 3gk I``{~4r ~~I ~ i, II'..~ ~ eI~"Ri illr 111' i, .~I EXHIBIT "A" LEGAL DESCRIPTION A tract of Land situated in Lot 19 of Section 22, and Lots 3 and 22 of Section 27, all in Township 9 South, Range 85 West of the 6th Principal Meridian being more particularly described as follows: Beginning at a point whence the witness corner to the South 1/4 Corner of said Section 22 bears North 19°21'20" West 376.40 feet; Thence South 89°39'40" West 1216.06 feet to the West line of said Lot 22; Thence North 01'03'29" East 355.96 feet along said West line; Thence North 89.39'40" Eaet 115.06 feet along the North line of said Lot 22; Thence North 00'19'45" East 615..93 feet along the West line of said Lot 19 to a fence line; Thence South 09'09'03" East 707.66 feet along said Fence line to the center of McLain Flats Aoad; thence 135.74 feet along the arc of a 3300.00 foot radius curve to the right, having a central angle of 02.21'24" and subtending a chord bearing South 23'58'26" East 135.73 feet; Thence South 22'47'44" East 901.19 feet to the point of beginning. COUNTY OF PITKIN, STATE OF COLORADO ~1 ~ . , .5~ .~ ~ ~j~ ' ! X, k.. +~ p ' r I ' (,. i ~ ~I ~JL' y~ i. 1y ' . ~' u: 1. J {~ - Vii. ~.1=-®-- ~- ~~f+1'723 P~--Inc F' v5 Qlf~: ¢'I (_,/5i 4_Y1 ,'S 5F' F'G 1 `"`"'i= c- RLC L'0~ SI.LVTR I?RVIS PITKIN COL.INTY GLE1=<.F:. 8 R~~ORDER iO.QI~ ~~ OUIT CLAIM DEED THIS DEED, made as of the a ?Itiday of April, 1995, between NANCY CASDEN, party of the first part, and ALAN CASDEN, party of the second part, whose address is 9090 Wilshire Boulevard, 3rd Floor, Beverly Hills, California 90211. WITNESSETH, that the said party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed, and quit claimed, and by these presents does remise, release, sell, convey, and quit claim unto the said party of the second part, his heirs, successors and assigns forever, the right, title, interest and demand which the said party of the first part has in and to the following described real property situate, lying and being in the County of Pitkin, State of Colorado, to wit: See Exhibit "A" attached hereto and incorporated herein by this reference. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in any wise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the said party of the first part, either in law or equity, unto the said party of the second part, his heirs, successors and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set her hand and seal the day and year first above written. C-~a^/^yY--+ NANCY SDEN STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) The foregoing instrument was acknowledged before me this ~~{~-day of April, 1995, by Nancy Casden. WITNESS my hand and offic'al e~,l. My commission expires: ~ .. ~~ r~-F' Not ry Public realesta\quit-cas .den OFFICIAL SEAL JANET H. SEGAL -` m TARV PUeUC ~ CALIFOFNIA LOS ANGELES COUNTY My Comm. Expires May 27, 1995 I , s . ~ . h ~ EXIfIBIT "A" LEGAL DESCRIPTION A tract of Land situated in Lot 19 of Section 22, and Lote 3 and 22 of Section 27, all in Township 9 Soutlt, Range 85 West of the 6th Principal Meridian being more particularly described as follows: Beginning at a point whence the witness corner to the South 1/4 Corner of said Section 22 bears North 19'21'20" West 376.48 feet; Thence Soutlt 89'39'40" West 1216.86 feet to the West line of said LoL- 22; Thence North 01'03'29" East 355.96 feet along said West line; Thence North 09'39'40" East 115.06 feet along the North line of said Lot 22; Thence Nortlt 00'19'45" East 615.93 feet along the West line of .said Lot 19 to a fence line; Thence Soutlt 09'09'03" East 707.66 feet along said fence line to the center of McLain Flats Road; thence 135.74 feet along the arc of a 3300.00 foot radius curve to the right, having a central angle of 02'21'24" and subtending a chord bearing South 23'58'26" East 135.73 feet; Thence Sou tit 22'47'44" East 901.19 feet to the point of beginning. COUNTY OP' PITKIN, STATE OF COLORADO 3O19c P-7D~ F'-iSb O6/iT6i9~ ~~7.,:-_`SF' I'G ~ OF ` ATTACHMENT E M E M O R AND U M TO: Tamara Pregl, Planning FROM: Joanna S. Schaffner, Zoning DATE: September 7, 1998 RE: Casden Extension of Vested Rights Parcel ID# 2643-223-00-013 I have reviewed the above referenced application and offer the following comments: Can previous approvals be rescinded and all conditions of approval be forwarded for inclusion in the 1998 resolution? The language of the height restriction is not clear. What does "maximum allowable elevation of 7,966"' mean? In condition 3 of resolution 95-234, the applicant is to provide drawings verifying the height of "all structures" at building permit application. Which structures? Is condition 3 of the 1992 Administrative Approval intended for "any building" or any development? Are the well and septic system to be located within the building envelope? A condition of approval should be added limiting all development to the building envelope or exempting certain types of development from the envelope. Topography is not indicated on the site plan. Grade changes of 30 inches or greater are not permitted within required setbacks without the approval of the Board of Adjustment. This also applies to driveways and landscaping. FOREST SERVICE July 13, 1998 Tamara Pregl Aspen/Pitkin Community Development Department 130 South Galena Aspen, CO 81611 Re: Casden 1041 Wildfire Hazard Review Tamara, State Services Building 222 S. 6th Street, Room 416 Crand Junction. Colorado 81501 Telephonao. ~(97~0)t,248-0 325 IIJL t ~ 199$ -r;,,; ~~~.~~,~-, CQ ' ."QTY ~3 ~ ~.:p.•rrp;7 I visited the site with Hal Dishler the owner's agent on July 6ih. The property abuts the McClain Flats road. The building envelope is situated in a nearly level grass pasture and I would rate its wildfire hazard as low. The far west side of the property has a slope that exceeds 30% with woody fuels that would warrant a severe rating. For that reason, I recommend that the home be situated at least 50 feet from the top of this ridge to avoid any convective or radiant heat that would come from a fire burning on this slope. That is the only recommendation that I have for this parcel. Thank you for the opportunity to review this proposal. Feel free to call me with any questions. Sincerely, i~ I A. Vince Urbina Assistant District Forester cc: Hal Dishler MEMORANDUM To: Tamara Pregl, Community Development Department From: Nancy MacKenzie, Environmental Health Department ~ ~ ~/1~-- Date: September 10, 1998 Re: Casden Extension of Vested Rights ParcelID #2643-223-00-013 The Aspen/Pitkin Environmental Health Department has reviewed the details of the Casden application under the authority of the Pitkin County Land Use Code and has the following comments. ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-17 and 3-1104: "It is the policy of the County to insure the availability of a water supply of adequate quality, quantity, pressure and dependability for Fire protection and support of a proposed land use prior to approval of the use. The County shall require land uses to hookup to existing public systems if service is available." This Department needs adequate information on the quantity and the quality of water available. To do this, the owners will need tests of on-site wells done by a water engineer or well driller. The applicant must ensure that the water quality is acceptable by having it tested by a lab such as the Snowmass Water and Sanitation District or Aspen Consolidated Sanitation District. Other lots in this area have had water of acceptable quality and quantity. Before this department can issue a septic permit, the owners must drill the well to ensure that the well will meet the required setback distance from the septic system. Pitkin County Land Use Code requires that the well site be within the building envelope. We recommend low water landscaping (xeriscaping), with the timing of any sprinkler systems decreased for low water plants. Contact the Colorado State University Cooperative Extension office or Denver Water Board for more information on xeriscaping. A condition of approval for this application is documentation that the well(s) meet setback requirements and that quantity and quality of the well water are adequate. The County cannot issue septic and building permits until the applicant meets these requirements. r,~m~a „~ a.~ya~ r.pr, SEWAGE TREATMENT AND COLLECTION: Sections 2-18 and 3-1105: °u is the pnhcy of the aunty h, ensure that adequate sewage treatment facilities are available to serve existing and new developments. Public and private sewage disposal systems and connections to such systems shall comply with the sewage disposal guidelines of Pitkin County's Individual Sewage Disposal System Regulation." Lots in the McLain Flats area have individual septic systems. All such systems installed within Pitkin County require septic permits issued by the Environmental Health Department, and must comply with the County's septic regulations. Owners should realize that the engineer must perform the soils tests between Apri115 and Nov. 15 of each year. The County cannot issue building and septic permits without these soils tests. To receive a septic permit, the applicant will need to submit a septic permit application through a Registered Professional Engineer who will design the system. The packet must include several items, including percolation test results and profile hole information. It must also include a site plan with pertinent physical features. A floor plan for the dwelling and caretaker unit and a copy of the County's land use approval complete the application. Once we receive the completed application, this Department will analyze and review the proposed septic design. The applicant should know that it may take from 2-6 weeks to obtain a well permit (required before septic system design). It may take some time to have soils tests performed and additional time to have the system designed. The department can evaluate the site and soils tests only between Apri115 and Nov. 15. The owner should carefully evaluate this schedule to make sure all steps have been taken to make the permitting process as fast as possible. Applicants should also be aware that many building envelopes are too small to allow any but the smallest house and still have the septic system meet required setbacks from wells. Here are some examples of required distances between wells and septic systems. (The greater the sewage flow, the greater the distance must be between the septic system and the well. Sewage flows are a function of the size of the house and the number of rooms that these or future owners may use as bedrooms as their family size and situation changes.) Applicants should carefully evaluate this information so they can ensure the house they want to build can meet these setbacks. A 5-bedroom house with one office with bath of over 6,000 sq. ft. must have the well 238' from the septic system. A house with over 6,000 sq. ft. with 5 bedrooms and one office in the main house and an attached 2-bedroom caretaker unit, must have the well 311' from the septic system. The type of soil and sewage flow .will determine how large the septic system must be. The owners will need to obtain site specific soil data. Here is an example of the approximate area required for the septic field if the soil has an average percolation rate of 30 mpi and the absorption field is designed to be in a trench configuration using a conventional pipe and gravel system. A 5 bedroom house with a detached caretaker unit would require an approximate absorption area of rv~~~ea,M u~ya~e r.rr, 2 7,350 sq ft -- three feet wide trenches, 70 feet long and 6 feet of undisturbed soils between trenches. Soils percolating slower than 30 mpi would require a larger area for the absorption area. The leach field should be in an area of no traffic, the owner should plant the field area with dry land grass, and residents should not water the leachfield area. It is desirable to locate the system below the house so that the system can operate by gravity. The applicant should refer to the Pitkin County Sewage Regulations for detailed information, or call our office to discuss this site. The Pitkin County Land Use Code prohibits soil absorption systems in areas where the ground slope is in excess of thirty percent (30%). The well permit may state that the septic system must be of the non-evaporative type where the water returns to the stream system adjacent to the well. If so, the owner cannot install a completely lined field, such as an evapo-transpiration bed, without a new well permit or a plan of augmentation. A condition of approval for this application is the receipt and approval of the septic permit before issuance of a building permit. WATER QUALITY IMPACTS: Sections 2-14 and 3-705 and 3-710: "It is the polity of the County to preserve and protect its present water resources. To this end it is the policy of the County that no land use be initiated which would adversely affect the quantity, quality, or accessibility of the County's water resources; or which would occur at the expense of established water-dependent agricultural activities; or which would result in increased salinization of water resources, loss of minimum stream flows, further destruction of wildlife habitat, or major expenditures to reacquire or redistribute major water resources. I[ is also the policy of the County to maintain a natural vegetative buffer along its surface waters such that the surface and groundwaters of the area are no[ encroached upon by land uses or other human activities which could cause deterioration of water quality or impair the natural treatment processes provided by meadows and wetlands." The Environmental Health Department will be addressing water quality impacts on down stream water quality. This application should not impact down stream water quality if the setbacks between the septic system and physical features comply with the Pitkin County Sewage Regulations. The Environmental Health Department's mission is to preserve and protect the quality of Pitkin County's water resources. Since a large percentage of the population is dependent upon water from wells, elimination of groundwater pollution, and protection of aquifers and their drainage areas are of utmost importance. Roofs and asphalt areas can be nonpoint sources of water discharge that can contaminate water supplies. This Department recommends that nonpoint sources of discharge be retained on the property of origin. To accomplished this, the owner can use landscaping, drainage patterns, detention ponds, and/or dry wells for water runoff from buildings. r,mmn ~,~. a.gam rr.. AIR QUALITY: Sections 2-13 and 3-602: "Only that development is permitted which will not contribute significantly [o degradation of air quality in Pitldn County. Developments may not constitute an indirect or direct air pollution source under Federal, State or County regulations." This project should not contribute significantly to degradation of air quality in Pitkin County. FUGITIVE DUST Activities such as road building and landscaping require a Fugitive Dust Plan. The measures must prevent windblown dust from blowing off the property or creating a nuisance. This plan needs to include, but is not limited to, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud carried out by trucks, speed limits, or other measures. A condition should be approval by the Aspen/Pitkin Environmental Health Department of the fugitive dust control plan, containing enough measures to ensure that dust does not become a nuisance or blow onto adjacent property. FIREPLACE The less densely populated parts of the county like this site may have two devices per building. The owners can install no more than one wood burning fireplace and a second device that can be either a gas log fireplace or a certified woodstove. In addition, the owner can install unlimited numbers of decorative gas appliances. Occupants may not burn coal in any device. The owners cannot install fireplaces or woodstoves in barns or agricultural buildings. A condition of approval for this application is the receipt and approval of the fireplace/woodstove permit by the Environmental Health Department. This is a condition of building permit issuance. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2-7: °u is the policy ~f the County to ensure that no use or development of land is permitted which is in violation of the laws of the County, the State of Colorado, or the United States of America." This Department is not aware of any issues of concern regarding other environmental health laws. r.mrce ~~~ a~ynea rape. .,~. ;~:f. ~ r . ~'~; J MEMORANDUM TO: Tamara Pregl, Community Development Department FROM: David Bravdica, Assistant Director of Aviation DATE: Wednesday, August 12, 1998 SUBJ: Airport Review of Casden Extension of Vested Rights, Parcel ID #2643-223-00-013 ...~ ...;1 .. w.;:E;: ......,.., s: ~.-v ~mv:~. '4;!ih v _ . ° _ EEe ~ 'q ~ ..._..b°- v~.. Airport staff has reviewed the application in accordance with the reference. In addition to comments submitted on 24 July 1989 by Rick Davis, I offer the following comments: 1) The entire property proposed for extension of vested rights falls within the Medium Hazard Zone (AP-M) area. This area encompasses the majority of flight paths/patterns used at the airport which might subject an applicant to potential, significant flight hazards. 2) The property does not penetrate the 100:1 imaginary slope from the nearest point of the airport runway as defined in Federal Air Regulation Part 77, Objects Affecting Navigable Airspace. However, as is recommended in the Moore Lot Line Adjustment Application Review, if the property is further developed review of the proposed structure by the airport should be a requirement. 3) A majority of the property falls within the 55 LDN noise contour. The applicant should be advise that the property may be subject to multiple aircraft operations which may occur during concentrated periods of time. Additionally, there can be high levels of multi-engine turbine and piston powered aircraft over-flying the general area at relatively low altitudes and high power settings and departing from and arriving on the airport's only runway, runway 15-33. During any and all such operations, aircraft noise will be noticeable. 4) In consideration of the facts as outlined above, specifically concerns stated in paragraph (1) and (3) above, the applicant should be required to enter into an Avigation Easement Agreement with the County in exchange for approval of this application. M E M O R A N D U M T0: Ellen Sassano, Planning Office. FROM: Rick Davis, Asst. Airport Mgr. DATE: 24 July 1989 RS: Moore Lot Line Adjustment. We have completed a review and analysis of the attached property line adjustment from an airport standpoint. Because the project only deals with a property line adjustment rather than the construction of residences the following comments will be germane only if there is eventually a structure or structures built upon it. It appears that a portion of the property may fall within the 60 Ldn noise contour making that portion compatible or marginally compatible with the development of family dwelling units. The property in general falls within the airport traffic pattern and therefore any prospective developers should be advised that aircraft noise is certain and may at times be a nuisance. It also appears that the property at issue here is approximately 7800' elevation above mean sea level. If true this falls significantly below the maximum allowable elevation of 7966' within the airports horizontal surface. Rowever, it is strongly suggested that before the property ever has a structure constructed upon it that this more thoroughly be checked. Please be advised regarding prospective property development that the required stipulation of any Applicant entering into a perpetual avigation easement with the County has not yet been determined. If you have any further questions or information please feel free to contact me. July 13, 1998 ~... _.~ HIV+.. ~-. _ _ . ~`'~~ ~ SERVICE Scale Services Building 2?? 5. 6ch Screer. Room a16 Grand Junction. Colorado 31501 Telephone: (970) ?45-i3?5 Tamara Pregl Aspen/Pitkin Community Development Department 130 South Galena Aspen, CO 81611 Re: Casden 1041 Wildfire Hazard Review Tamara, 1 visited the site with Hal Dishler the owner's agent on July 6`h. The property abuts the McClain Flats road. The building envelope is situated in a nearly level grass pasture-and I would rate its wildfire hazard as low. The far west side of the property has a slope that exceeds 30% with woody fuels that would warrant a severe rating. For that reason, l recommend that the home be situated at least 50 feet from the top of this ridge to avoid any convective or radiant heat that would come from a fire burning on this slope. That is the only recommendation that I have for this parcel. Thank you for the opportunity to review this proposal. Feel free to call me with any questions. rrS11incerely, A. Vince Urbino Assistant District Forester cc: Hal Dishler f I ~~ F[[T •~ .-.T.~~.~~..... 70' _ _. `-- /6M.'J LIIIL S[T1~C1t WC \ tans [Jm[LNF ~' -- '_ _ _ i ; '~ I ~ ~' ~.cw I '``~ _g ~~T +~ , ~~1'. ~+lF ~' '"i.~ ~. I ~ ~~ I ~ ~\ naLC wrwr_o•-war 1 \ ~ 1 X ~ LOT /9 A~aTfO 2~0 ACRES I \ ,\` A"o-~' Lr[IL11f~ fN wpp( M).MK I10 \\ ~ ,\ ~ ` \1 ~~ \\ < \I\iI" 'T~ ~-___..__--' 1 1 I IM ~+ ~~ 1 ~ ~~ y"~r -:i' nor '_ ' ,~ill+~i4 I.. I tc ~'~',!,~@~' },t1 ~i ll ~ FF ~ { 1~1 rWi A ~ ~ 1 V yy.. ..iT / i~. !' . . 1 Ai, L~!'tJ ~ ~ ~ ,.N~.. ..JJt.M -+-. ie~rnr o1u111 ro J li. ~, t ~\ y 1 ~\ ,; \ ~. \ r \ 1 ` \ \ ~ i1A ~, ,\ `, V ~' /i1f.Y LIK+~ ~,;., ~ , 5 ~,... - J,: ~1'dyJ' ~« ~T J~ rer ~~ loan a _~, .. y ti ;~ , ~ '"., tl V~ (._ s ", tl ~[' ~ ryp ~ ~ U iMa. 1~~y N1111m V f17N. ~ q~[[ii b.~ ~r•~tr s [r.[~.r•r oN TK r ~ ~1 1l~f11 nor.' ~ 1M1 • T•, 111E A1111p1wL ~ O 7111[li ~Nr~rw[ IItr,Y[i[ts ~~'am m ~elloer wla Is . - ~ [1[d 'p ~ b A 1UifAI1IC ~~OfO 1T y ~~ 1~ ~ Q~t FRWI A Ifp1YC6 ~ ~~~~ 4101 II4v .O ~ 14y ~ gl~pppllaA[ a~us7 a s tar. to • •)s tf [1!101 ~ tMp ~~[~IAL /17MID 1CYfntl D¢1 ~)p rover Or Jlc~w~.~ !t'U!N /~~ IS A61p LOT NI - LQT LIE AO.UST1(NT IEFEgENCE MM ti~ ~~ Certilicole of Ownership: Balance of Moore Family Proper! '^IN .411, N{N IIY '1111^I: ilff_SIxI!: TIA7 TtT,s A. 'r?iRF., FJJ+OLYN MII'R N, trPF, - •" ~ '~ PA: fifth, cAff.Y rri>ttE RMF•rTl, NNLSIIAII. rF,FR III, .17:1F. Ir7atE lT; F.P, ~riF:: F. Irt91F, ME TIE iMa:Ity (F T1L MAr1:1INr. t1+All' iF I/,rt> FN(Y. ~NI(11 lf]t 19 NAS MTSIEp A5 ;i4.T1 W 711E IEFEAE!JCF. WW [t' iNl< MT MD 'fYA l1.Y [L9fRIflFT) AS Fg1[rv5: `EC]ll PrlW ~ tract n( larcl si [on]e in Sections 12, 17, i6 and i7 a[ tornshrp 9 >r•rch, Pange PS Nest O[ the 6th Rlnc ipel Net ld ion Mim note perUCV- 'atly desci lbetl a, (oI IO.,s; r"llm ing at the rorlhresl mrrer o[ a tract of lord descr [bed in Ctxk :0/, Page 169 0[ the remcda O[ the Clerk and Retotder of Pi[kln mrn[y, 'Olor•hr, ,herx: tM rortheast corner of [nt fi oC sa td Section 2J Mers 89'16'00' a ]I.IB Ceet; the,rce 5 00'57'00' N 21.fi lee! alarlg Hre reef '. Inc Of mtd parcel; lhmce S 87'58.00' E 80.10 (xt alorlq tM Io0[h line •f said parcel to [M rest line of Starro0l Perlch fn[ Split, O.urty Of 'Itktn, Crate Of 2rloraAr; thence alOrq cold rest line the [Ollwirq HJUC X11 mutate: 11 5 00'15')1• [ 177. BO (eetl thence 21 8 00'02'11' E :!77.90 (eeti tierce JI 5 00.1]'51' N 95.60 (eetl [Mace 11 500'19'10' N '111.90 feet; [Mete N 89'21'19' M JI5. 16 (eK b the sarRhre•t corner Of 'ot S and the aoutheaet corner of (Ot 7 of Sect ton i71 thence N 89'21'19" r 1910. of feet alorq tM south line of Iota 7 and 6 oC rid eectlan i71 Mote N 22'1)'/7• N JI.7{ (tat b Mf foutheaa[ Corner o[ • tract O[ 'ard desc,•lbed in Nok 505, Page 161 0[ rid Pltkln ml„cy 1lrcotd a; htrrCe alorq Mid tor•tlery the lollovirq nineteen (191 mrrseal ' I p.. _.75 feet alarq tM xc of • 6055.00 tint eed fua Mve b the left, "a~y._~ 1 central angle of 01'K'SI' and strterdirq • Avrd bearing 171'~I'll' N 126.01 feet! tMrxr II N 71'1]VT N 110,H flNtl thence 'I N }7'71'59' N 165.15 [eery thetlce 11 8 {8.17']0' M SlJ. t3 leetl tterrce ~ s 71'01')0' c P1.8I (ctrl tlerlce {) 8 37Y 1'10• L 175.1{ teetr tJstxe 15 JO't 8'19' L JI1.% feet! CMrre 11 7/.56 fret aloof tle arc of e ~n, IXI tint tad its tout b tie lefty hn lnq • caltral angle of 71'11.38' .M mOterd ilq • d>ad tNSrirq L 51'Of'S{' N 6f.IS [aetl therK•e 9) ' ~2'I1'10' L fit.21 [r[1 thetKe 101 S Ol'II qS' L 71.35 flwtl tlerlce 'n 3 fi'll'0S' M IO.N !wit tlsrce 1I) 1 IS'U'fi• r 101.51 [eetl !enc< 111 5 01.2(1'05' N 119.60 teed tlrtloe 11) 8 01']7')0• L 18!.95 rot: [Hoer 151 ! 18'57'00' L K,{I feet! thenw Iq N 71'1]'10' E '9.69 Ieet: tlNtxe 171 N T'SO •JS• L 9.71 (eetl tllerrcr 181 ^ f{'S0'l3• E '0.01 feet! [Mace 191 N 71'K'CO' L il.0i feat m t1e wt llr O( IOC '/ ,t ale Sect ion }71 tflence 0 01'17'11• L 1113.11 b.t alaq Ne art Inc o[ :nta 11, fi sd it of rid Iectlan 37 b the eat atdrtrly O]r- er of rid bt 111 tJl•rM:e N 15'00'00• M !110.1{ feet m • poll!! m Mre Oatn line O( Inc 17 of old 6eR IOrI 171 tlellr r (0'00'00• r SN.00 feet ~' '1w aouthreet axnet oC Mld tot tll th~lce r 00.00'00' L lM.00 cwt •t•>nq tM rest lint of at wld toe tl m tM aoat eatlerly eonrr o[ IOC '/ O( s•rd sect fun 37: [Ieroe N 15.00'00• r 711.W het aWq qr r00th- ~anterly llree of Iota 31, I! aM 11 0! r4 Merlon I1r fJwar '~ Is'00'Ofl' N 7».% [wt along t» aorRlleeatarly lhr al arld Iot 11 to M so.lcn line OC ea td lot III th.nae L M'SI'^P M 357.N ['•et a1aNf rid !fouth line b tM aoutlnreat mrrr o(~ aW fOt ttl the00e ' 01'06'00' N 1117.1] feet b eM rorehret aorrr o[ rid tot Ilf Haaltw ' 89'16'56• E 1727.87 [vet along rte north !!r d rY tot 11 M the ~rvth,ese corner Of for 22 of rid MRlae 17r tlrlr ^ W31'IP N 91.9] feet. alOm tlr r•••t Illy OC fat 11r ltX7t's r '1;.'•.yfc7• 0 TtiwB: ^et t0 the ,ante: of s Ox.,ey tow r, ball! old a ~lawl tltarrr rllr'AI' •a 9ot.19 ettt alarq tM centae~oL. eaW-.OOrAY a/~Ot,, '6o.f7 t«c ai the arc of • .A00.00 foot 111/11M~:tlerf /1`:Ute~.la[et 1 't: av irlg a centre ergle o[ OI't7VY ~ard eurts101q ,t dlyd rhyC 7/'11'75' N 160.% feet •lorrq He OrrNAr a[ ttld'poytp IOr1 t0 ~, - ~rcn line of IM tf oC rid seettan 17r Hrllr ~r M'WtiP !Of' E1it ' MOORS PROPER T Y LOT l9 LOT L/NE ADJUSTMENT ..°LAT PI TK/N COUNTY, COL ORADO (:erlilicale of Owneroh~D• Lol 19 Tracl as Adjuflld /: :ou ALI. Y.EII P'i TIILSL MILSLN73 771AT TNOMAB A. M[gRL, CAROLTN ':il: :!. t:'.'Ja E. AI:NN E'tll HANSOM, SALLY MODRE MNSOM, MARSHALL CLER, ", AIIU JANE MOORS DEER, ARE TIIE ONNLRS O- T11E TRACT 0- UNO SIIJ::;I OP 'tills PUT ANU LEGALLY DLSCRI BED AS -OLLOMSI A tract of IoM arcuated in Inc 19 0! Sectim 22, and IOb ] sd II oC Scc!lo~. ?], all to 7b•rsh rp 9 9arth, Parge 8S reef o[ tM {tA Rlnelpal Met idran Mrm Bore part icvlarly dtacl'lbd r fo11oN1 hrq loot nl at a mint Mtrre the ri tlx•a tOrn<r b the South I/1 Ibrrer oC ca id Section 32 Matt N 19'?1'fi' N ]76.11 [vet; tMrlw 6 M•]YIO• M 1}16.86 lee! [o Ne ref[ line of •afd Inc 7}t thence M 01'D]'}Y M .ri3.f/ t r••. alarq said ~eae Ilrer thence N R'lf'/0• C 115.0{ IMC along tlr forth l u:e of said bt 27: tlxrlce N 00'19'15' N fl S. tl'feet along lM are! llr o[ said Inc 19 b • lento floe! thence 8 h•Of •01' [ 707.K Itt! alorlf wld (once llrw b tM center of Nelaln -!•U Ib•dt tMrKa 05.71 left aloof fir '' arc oC a 7100. UO /cot ~adlw came to tM rlyyM, Pavlof a tentnl angle of ;: D}•21'}/• ,na aubterd lrq • rhord Marlrq L IJ'S/•}{• L 115.7} !e•tl thwrca ~-.i 0 2}'!7'11" C 901.19 left b tM point of Oa1lMlrrgr mltalnlrq 11.000 aerea rote a feu, , ' •? ~ EIaCTifQ) 7rIL _~ ~ DkT Q 9vbV~r^484fZ r 1Nf. .., Y." ~ rltn4f ~ 1J~N ~ • ~ I' 1' 4 Gi pgrl ATIORNLY IN~- CT~IOII ALL01MLR1• ,,~ S ' ~:'1. '1 PIINIVAN7 7b TNL /~OONMj~~ O- a ~k,~a RLCbRDRD IN (N10R (Q7 7N0 ORICIAI. RLC911D0 0-. ~AOE re0~ l•: t. -•'^M-r.-. Q Ltarlniafn INawl 1 . 'l ~ ~ ~~r 1 .~};~jl. ,~f ~l' rif ,~ RJ,te of Oalota0o 1 1 .,. t r r~ LI i I~ A into!)' of Ht11M .) 11 1,;~14~1f Sr 147'S~}Ii(;~~~~+ ~{ ~ Ure rorthent mercer of rd IOt~lfl thwKel^ 8!'~.r1~00'• f 15(1.!'1 cwt ", `.!.. ,.a.. , o lM roftle•st miner of tot 11 0[ rid tlectlon 111 e`i191~1 jiM~.10.10 ''i to75.Sa fort b tM Ilortlsaat corner a( fot.lliali~ ~l~pt >bl `' 1!i `rend x ef'S/'S7• E 161.% feet aloof the rprtit`Ilfl{ Af•~}0~ Ip1,*ZI~ oC l.. r ^ctrm IJ to the pollrt O[ bag hning, aaltatntq .101.(1 ~OIt1l ,here R - ne. ,. , t~. :~: r r~,: ' ,, ; hIS etaci tp~c ton rr pretered ritl•NR Nr yw~~te (it of a.UeW ' slnj etc to tllrge lean mlRr1tt10N 0(a [1110. r , IaQ~eY,1111 a.~ t a 1 , t Yl L1melflea 7tlls 7v'TM aAy or 'PA~IZ*_ ". ~1gfM ,el ~.~ ~',l~t; ~ I I ~, ~jj. r--~,~. ~~:2 ya 'y rP"~:'~~t'7 j 11 -F ~ I r~ ` j el .~ r ti r h 1171 { r ht 1 ' . 1 h~f /. i I t~ 1 1 '> ~ k }l .'Y'rl it -. 1sR11811151N R ~` `'' 1 ~ 9; ial 4y1,"f11~Xl,r llv'rt "-„'1~fY~bl ~~ IO~IL! ~! yY r :' ` r f Yt~ P ,,,'}~~: 1 r'~ y[l V ISCONfIN)b~ ~- 1 .• r 'th if 1 Ij1i, itt 0--7C:IAL 1t1C011pN a 00}~MOD 1 ',3~~~; Ibrt9agnw a Welttolden (OOrr•) '9'1 r .+' ,';;r 1 jr , f1..6r +~ 13 r'9 State of Colorado 1 ~!~ '~ °c { a' a+ 'RS toregoirp~lrrtitaaeK w Wlolf~'YY Ih11 f ~ tr l/''{ i day o[ -11Mr b7 fMMMk~ 'rt r f , i~C+'[~ ~ [r)r 71nau ot.: SJrol)rl.lelb M70a'6}iy~, { .' l~j r I di Ran+os. IYrdull Over. IIlr Ja1e Iloote'paw~ "JrN~~l 21 , • 1 `. to the ltwsc of 1lteorrsy tnloordd U Oo011~M NDtli'dC:4h1" s; ~ 'l,rht (~Qz~~"~11'r ria ° rR C •k n[flcial records _of Pitkln muttyr mlOrtlo.. , ry t.d"t ~ f }i ~. t - ; rl~ Ih her , >f ll Ij<( rye;' ' Kltnew b beryl atd.oCClola{ coal ~~ 1 : ¢ ~'i »! CErp2a11a11 ieryltwr ~ .. •t Ira ~ 18rL1,Ei; •'~ .~ -F~ lax •1 = L'. ~ :C0. ~.T!. tt:: ' 'L: (;l• :lark orld Neaorder'a Acteat.•tw R .~nf t r,• f 100r . :hie plat o! tM tot If for Lire fdjastalent 4 artepted (oC.[il 111 le 'r 'M Ol.(lct o[ tht elk Her of Plt In OruRYrtblora0e( thL ' yr1 ~.'.., ~,ii.,. ~ fay of on n~r In Plat Look ,y't~ n ~ I q! e K ;,'9q- • co~ t ,r •" , ~~LLw~(~ „ i J,r': •>•/MI INr: • iY q w :~~~ _.. .Ill ~rlsl~{ ~ ocuNlP7tior att ~r a . ' ih coy r~ tor'°crnirj~ Ptmrnr co+,wrr:r; ca ' ,,:. '~: !'~ .,7 a :• ;} :;;;~ t. r~~ 1 in a. ,~ , , j '4:. .Tl ~- ,~ 2146 ALAN ~, CASDEN THE CHASE MANHATTAN BANK OPERATING ACCOUNT NEW YORK, NY 70017 806 N. REXFORD DR. 310-274-5553 7-2"270 BEVERLY HILLS, CA 90210 - 2146 , PAY TO THE DATE AMOUNT ORDER OF Kaufman & Peterson Apr 27 96 **$1, 540.00* - ************** ONE THOUSAND FIVE HUNDRED FORTY *************** 00/100 Dollars s Memo: Ext. of 1041 Appr/McLain F E II.00 2 14611' ~:0 2 10000 2 i~:304 2 L4 BROOKE A. PETERSON GIDEON I. KAUFMAN' HAL S. DISHLER" OF COUNSEL ERIN L. FERNANDEZ"' ' ALSO ADMITTED IN MARVLANO ^ AL50 ADMITTED IN TEXAS •^ ALSO ADMITTED IN FLORIDA BY: HAND DELIVERY LAW OFFICES OF KAUFMAN & PETERSON, P.C. 315 EAST HYMAN AVENUE SUITE 305 ASPEN, COLORADO 81611 September 21, 1998 Ms. Tamara Pregl, Planner Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Casden Extension of Vested Rights Case #P84-98 Dear Ms. Pregl: TELEPHONE (970) 925-816fi FACSIMILE (970) 925-1090 Please find enclosed an Affidavit of Notice by Posting as requested by your office in the above-referenced matter. Hal will be in attendance at the September 23rd BOCC meeting regarding this matter at 3:00 p.m., but if you need any additional information or materials from him prior to that time, please do not hesitate to give Hal a call. Very truly yours, KAUFMAN & PETERSON, P.C. By: /C~~~~ ~~/~'Yl 0~f O,P~~_ Darla Damerell, Assistant to Hal S. Deshler /hs Enclosure • County of Pitkin ) AFFIDAVIT OF NOTICE BY POSTING ss. OF A PUBLIC HEARING PURSUANT State of Colorado ) TO A PITKIN COUNTY DEVELOPMENT APPLICATION The undersigned, being first duly sworn, deposes and says as follows: I, Hal S. Dishler, representing an Applicant pursuant to a Pitkin County Development Application, personally certify that the attached photographs fairly and accurately represents the sign posted as notice of the public hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the sign was posted continuously from the 2nd day of September, 1998, to the 21st day of September, 1998, (the date of this Affidavit) which constitutes posting for at least 15 days prior to the public hearing to be held for this Application). • ~ Applicant's Signature Subscribed and Sworn to before me this ~~ day of September, 1998 by Hal S. Dishier. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: ~ a,,, l /S t.C JC -- - ~ Notary Public PUBLIC NOTICE RE: CASDEN EXTENSION OF VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, September 23, 1998 at a regular meeting to begin at 3:00 PM before the Boazd of County Commissioners, Plaza One Conference Room, X30 E. Main St., Aspen to consider an application submitted by Alan Carden, requesting approval for the e:ctenstion of vested property rights. The property is located at 1309 McLain Flats Road, and is described as a tract of land situated in Lot 19 of Section 22, and Lots 3 and 22 of Section 27, ail in Township 9 South, Range 85 West of the 6th Principal. For further information contact Tamaza Pregl at the Aspen/Pitkin Community Development Department (970) 920-5103. Copies of the proposed Resolution aze available for public inspection during regular business hours in the Office of the Clerk and Recorder, X30 East Main Street, Aspen, Colorado 81611. Phone (970) 920-5180. Jeanette Jones, Deputy County Clerk ~/Doroth ~ F m 'hair Boazd of County Commissioners Published in the Aspen Times on August 22, 1998 Pttlctn County Account 002.02 ~~ SCHEDULE A Parcel No. Pr, o~erty caner 264322300013 Alan I. Casden 1309 McClain Flats Road Aspen, CO 81611 a el No. Adiacen Prouerty Owners 2264327100001 Alberta L. Moore 0603 Mazoon Creek Road Aspen, CO 81611 264327200851 Aspen Consolidated Sanitation Dist. 565 N. Mi115treet Aspen, CO 81611 264322300801 Snowmass Water & Sanitation Dist. P.O. Box 5700 Snowmass Village, CO 81615 264322400013 Thomas A. Moore and Cazolyn White Moore P.O. Box 126 Woody Creek, CO 81656 Please see attached sheets from the Pitkin County Assessor's Office. C:\DOCS\HSD\Casdm\Pmpety SchedWe A ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5090 FAX# (970) 920-5439 June 22, 1998 Brooke Peterson 315 E. Hyman Aveune Suite 305 Aspen, Colorado 81611 Re: Casden Extension of Vested Rights Case #P84-98 Deaz Brooke, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public hearing by the Boazd of County Commissioners, Plaza One Conference Room, 530 E. Main St., Aspen, on Wednesday, September 23, 1998 at a meeting to begin at 3:00 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 applicafion is available at the Planning Office. We have forwarded a copy of this application to the Colorado State Forest Service for referral comments. Please contact them directly at (970) 248-7325 to arrange for payment of their fees. Comments will not be released until payment is received. Please note that it is your responsibility to post the subject property with a sign at least 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. Si~~n((cer~~ely, ~~,,,,// a -~C~~29TL.6~4(,2~/!2~ Shazon Hirman Administrative Assistant