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HomeMy WebLinkAboutpitkin.planning.272909200102DOCUMENT 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 IP.. 2729-092-00 0102 DATE RCVD: 7/31/1997 C CASE NAME: Sakson 1041 HR/Concept Subm PROJ ADDR: 0055 Mtn Lion Dr OWN/APP: Drew Sakson. ADR 85 Parkside Lane C/SIZ: t,i REP: Jeffrey M. Bier ADR: P.O. Box 100 C/S/Z:~ Email Addr;. FEES DUE: 950+155+155+1 `FEES RCVD: 950+155+155+11 r REMAI 10/14/19 1/28/1 ~. PLAT RE VR AP~f casETYF CASE,TY CASE TY '~rM~i, ,i.; CASE.TY ,~~ File Locatior torney, Engineer, Zoning, Env Health, Crystal River Caucus, ~' REF: 8/7/1997 BY Rhonda Harris rE ~~ REV BODY PH ' NOTICED DATE 97. P&Z No ~~ 998 BOCC No 12/27/1997 y of rlec site plan was mailed to Bier 04-30-02//IC Sile plan ~. sent to LD for sig 4-10-02//IC was 0550 Dorais Way, h of Redstone 1998 BY: Rhonda Harris °f,_ ;; ~' 041 HR / rIES: 24 ~ CASE NO P092-97 Planners - Rick Magill ~ondale, 00 816 PHN: 928-9382 ~ondale, CO 816'e PHN: 963-3300 ALLOCATED HOURS:~- %OVER: ~- logic, CSFS, DOW, CBO )UE: 9/26/1997 FINAL ACTION: 1 /2 811 9 9 8 BOCC Reso: 98-22 #413833 BOCC Ord:. ~- PZ: '~ HRG OFF: HO INDEX: ~~ ADMIN: `~ ADMIN INDEX: ~- 111111 ~,IIIIII 111111 III IIIII 1111111 I!I IIIII II'' II 413833 24/1998 09:24p RESOLUTI DpVIS 5 •~ ~ 1 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO, GRANTING APPROVAL OF THE SAKSON 1041 HAZARD REVIEW & CONCEPTUAL SUBMISSION Resolution No. 98-~~ Drew Sakson, hereinafter "Applicant", has applied to the Boazd of County Commissioners of Pitkin County, Colorado, hereinafter "Boazd", for approval of a 1041 Environmental Hazazd Review and Conceptual Submission application. 2. The Applicant's pazcel is approximately 1.34 acres in size, and is more specifically described in Exhibit A, attached. 3. The Planning and Zoning Commission reviewed this application at a public meeting on October 14, 1997 and directed Staff to forward a recommendation of approval to the Board. 4. The Boazd heazd this application at a duly noticed public heazing on January 28, 1998, at which time evidence and testimony were presented with respect to this application. 5. The Board determined that the proposed development meets the applicable criteria established in the Land Use Code, provided the conditions listed in this resolution aze adhered to. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado, that it does hereby grant approval of the Sakson 1041 Hazazd Review and Conceptual Submission, subject to the following conditions: The Applicant shall adhere to all material representations made in the application and in the public meetings. ~ i~~~ uiii ~~iui ~isiii iii ~iiu i~iiii ~~i~~ iiii Dui ;ResolutionNo.98-~~ .413833 02/24/199809:248 RESOLUTI DRVIS SILVI 2 of-7 R 0.000 0.00N 0.00 PITKIN COUNTY CD Page 2 2. Prior to building permit application, the Applicant shall record a 24 x 36 inch mylaz 1041 Hazard Review Site Plan which meets the approval of the-..Community:, Development Department and County Attorney.' The Site'. Plan shall also be submitted in digital format on a 3.5" diskette to the Community Development IIepartment, prior to the issuance of a building permit. The. Site Plan shall include the following 1.041 Hazard Review Warning and Disclaimer: "The provisions of these regulations do not in any way assure or .imply that azeas outside ofdesignated hazard azeas will be free from hazards, or that approved mitigation measures. will .guarantee the safety of any property." a. The building envelope shall be revised pursuant to Exhibit B, attached. 3, -0utside illumination shall comply with County lighting standards in effect at the - time of building permit issuance. 4. The Applicant shall comply with the following wildlife mitigation measures: a. One kenneled dog shall be allowed on this parcel, If a dog is to reside on the. property, a kennel shall be constructed prior to the issuance of a Certificate of Occupancy for the residence. b. Fencing shall be a maximum height of 42", 4 strands or less with a 12" kickspace between. the. top 2 strands. Any ,rail fencing shall be the round. type, 42", 3-rail or less with at Least 18" between 2 ofthe rails. c. Native vegetation .shall not be disturbed outside the. building .envelope, except as required for the access driveway and. the implementation wildfire mitigation measures. Vegetation within the envelope shall be preserved as much as possible in order to screen the residence. d. Any horses shall. be kept within the building envelope. Haystacks shall be fenced at the owner's expense and shall be fenced: with 8-foot mesh fencing to prevent game damage. e. All garbage/trash shall be kept within approved bear-proof garbage containers. Hummingbird and other bird/squin•el feeders should be removed, if beazs are observed around the homesite. 5. WIldfue mitigation shall be as follows: a. All vegetation shall be removed within 10 feet of proposed structures. This "defensible space" area shall. be maintained in mowed grass or non- flammable materialsuch as decorative rock or gravel. 2 Resolution No. 98~~~ I I"III "III IIIIII IIIIII9'114~ I'll"IIIII "I'I illl I"I ~ #' Page3 3 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO _. b. Standing dead or dead down trees shall be removed within 100 feet proposed structures to break up the vertical and horizontal continuity of the fuel. c. All branches from trees and brush within the 100-foot perimeter shall be pruned to a height of 10 feet above the ground or half the total height, whichever is less. d. Tree crown sepazation within a 50-foot perimeter shall have a minimum of 10 feet between the edges of the crowns. e. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. g. Roofs and gutters shall be kept clear of debris. h. Yards shall be kept cleaz of all litter, slash, and flammable debris. Firewood shall be stacked on a parallel contour a minimum of 15 feet away from any structure. j. At least one ten pound approved ABC class fire extinguisher shall be placed in a visible and accessible location for each structure. k. Fences shall be kept cleaz of brush and debris. 1. Wood fences shall not be connected to the structure. m. Fuel tanks shall be installed underground with an approved container. n. Roof construction shall be Class A, non-combustible material with no flat roofs. o. All vents shall be screened with corrosive resistant wire mesh of one quarter inch (1 /4") maximum. p. Addresses shall be cleazly mazked and visible with minimum 2" letters. q. Maintenance of the "defensible space" shall be required in order to retain it's value as wildfire mitigation. r. Any additional buildings shall incorporate wildfire mitigation measures. 3 ~I I0IZIIIIIII98II0I ~I8'8'LI'~I I rI E I ~ Resolut g ion No: 98-~~ 41 DR 50 L 24RR 33 8 / IN COUNTY C0 P3ge4 ~ ,~ 4 of 7'R 0.00 D 0.00 N 0.00 PITK y°- ~- 6. ,. If required by the Cazbondale Fire Protection District, the Applicant shall install and maintain a water storage tank;. the size: and location to be approvedby the bistrict ,with an approved and accessible fire district connection, for fire-fighting purposes. 7: Prior to issuance of a septic pemut, the Applicant shall provide documentation of an adequate domestic water. supply. Quantity and'quality of said. supply shall meet the approval of the Environmental Health Department. 8. The septic system designed for the site shall meet the approval of the Environmental :Health Deparhnent. The Applicant shall obtain such approval, prior to he issuance of a Certificate of Occupancy for the residence. 9: The Applicant shall obtain afireplace/woodstove permit from Environmental Health Department; prior to the issuance of a building permit. 10. The disturbed azeas within the building site shall he revegetated with native grasses to limit water consumption and additional runoff, immediately following project completion. 1 L All development included grading; septic system, well, and landscaping shall occur within the building envelope, except for any grading necessary to improve the access driveway. 12. The Applicant shall submit a drainage and erosion control plan to the County Engineer for approval, prior to the issuance. of a Certificate of Occupancy for the residence: 13. The Applicant shall adhere to the following standards for development on slopes: a. Adequate mechanical. support shall be provided got cuf slopes. b. Adding water which may decrease slope stability shall be avoided. c. Adding weight to the top of the slope shall be avoided: d. Disturbed slopes must be contoured so that they can be revegetated. e: Steeperiing of existing slopes shall be avoided. £ Confine cuts, fills, grading and excavation to the minimum area needed for construction. 14. The Aspen/Pitkin County Chief Building Official will require that the structure be inspected by the County to insure compliance with the Uniform Building Code,' prior to the issuance of a Certificate. of Occupancy for the residence. 4 i Resolution No. 98-~~'`,,, I I~'III "III IIII'I II'lll III'I~~III'~ III III'I'lII I"I Pages 413833 02/24/1998 09:248 R SOLUTI DfiVIS SILVI 8 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO I5. The foundation of the existing dwelling shall be inspected and certified by a professional engineer, prior to the issuance of a Certificate of Occupancy. 16. Prior to June 1, 1998, the Applicant shall form a Road Improvements District or Association. Prior to the issuance of building permit, the Applicant shall contribute 25% of the cun•ent estimate of road improvements required by the Cazbondale Fire Protection District and the County Engineer. The required road improvements shall be completed, prior to June 15, 1998. A Certificate of Occupancy for the residence shall not be issued until this condition is complied with. 17. The driveway that accesses the subject property shall be a minimum of 12 feet wide, with minimum inside turning radius of 33 feet, and maximum centerline grade be limited to 12 percent. APPROVED A D ADOPTT~ N H 28 H DAY OF JANUARY, 1998 ~~~~~ % G~~e ~ ~-fig' 98~ BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO BY ~Yo~ ~~/ Dorthea Fazris, Chatrman Jones, Clerk and APPROVED AS TO FORM: ~ .~~~-- John Ely, County Attorney APPROVED AS TO CONTENT: ~~ Z , q. ~b Cindy Houben Community Development Director ~` case # 92-97 parcel # 2729-092-00-015 _ _ _ __ 1 I ~"~~~ ~IIII Illill II~IIL III ~I~I ~~~'~ III ill"III I"~ 9:248 RESOLUTI DHVIS SILUb 0 98 3 02/24/19 ~ .~ 83 413 _. Order No. 23854 b of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY C0 EXHIBITA A tract of land situated in the Northeast. quarter Northwest quarter of Section 9; Township 10 South, Range 88 West of the 6th PrincipaCMendian, lying. Westerly of the Easterly line of said Northeast quarter, Northwest quarter, described'as follows: Beginning at a point on the Easterly line of said Northeast quarter_ Northwest quarter whence the Southeast comer thereof bears South 00 degrees 05 minutes West 974.93 feet; thence South 87 degrees 12 minutes 57 seconds West 250.97 feet; thence North 15 degrees 00 minutes 30 seconds East 197.24 feet; therice North 46 degrees 26 minutes East 209.64'feet; thence South 53 degrees OS minutes East 60.13 feet to a point on the Easterly line of said Northeast quarter Northwest quarter, thence South 00 degrees 05 minutes West 286.72 feet along the Easterly line of said Northeast quarter Northwest quarter C the pointof beginning. Countyof Pitkin, State of Colorado . I !11111 (IIII 111111 111111 III IIIII 1111111 111 11111 IIII IIII 413833 02/24/1998 09:248 RESOLUTI DfiVIS SILVI 7 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 1 w~°:: 7~ri^3' .lF91Z /.00.50.00 5 371. .'. ai +1 1 a~ ~~ ~ ~, .'1 '~ r, n~LL ~v ~. Q ~ ~~ a o ~~- \ ~° . `~~ 'g'1~~/ Q V 4 O (~' S b /. O //.. 1 % Q ` I \ m/ \ s ~ ~ .. _~ ~ ~`. ~~ ~~ ~ _/ ' / \ T -- ~~ ~~ .it l6/ `11 a ~ -. ~Xf try Ns S 0 e 0 w w ._ ~y ~ . a \~~ ~~ ~a I • ~ ~ ~ / .. , .: ;f , ' i . a M..a4 ~ it ,t-bt ~ 1. t 7t ~, ~ r M.~~~k'Y a`a '1 ~ {;7f ~ ~ 1 ~~t ~ i '.i a~~' ~! I ~ ;:.j . ~~7,. r~+y., , ~~ ,. ~ , ~ fig ': ~. r ~ ,;.` _ b ~;' ~~- .., . ~/ '~- ' •, , y~~~ , ~~ ••i w ! 7 ~ i ,,.~ ~ fit; ; ~~ _ ~ ., ,:~ _. :~ _ . _ ' I ~,::." , b 0 ~ Z 3 u o ' v N a ` t AGENDA ITEM SUMMARY TO: Board of County Commissioners Regular Meeting- January28, 1998 SUBJECT: Sakson 1041 Hazazd Review and Conceptual Submission FROM: Rick Magill, Senior Planner THRU: Cindy Houben, ommunity Development Director ~~'`~" APPLICANT: Drew Sakson APPLICANT'S REPRESENTATIVE: Jeff Bier REQUEST: The applicant requests approval for establishment of a building envelope for an existing single-family home and customary accessory uses on a parcel located off of Dorais Way, north of Redstone. The structure on the property was originally permitted as a gazage, then later converted to a residential dwelling unit without the benefit of a building permit. ISSUE: Vince Urbina of the State Forest Service is concerned about the access to the property for emergency vehicles. The one-lane road (Dorais Way) is currently in need of grading and in some areas may exceed the County standard of 12% centerline gradient. Mr. Urbina suggests that road improvements be considered as part of this land use review. The CSFS has in the past required that turnouts be built along Dorais Way to accommodate emergency access. Staff feels that one turnout along the driveway to the Sakson parcel could be constructed to allow for emergency access. The Cazbondale Fire District has in the past suggested that driveways in this area should be a minimum of 12 feet wide, with a minimum inside turning radius of 33 Feet, and maximum grade should be limited to 12 percent. The P&Z recommended that the Applicant be required to contribute 25% of the cost of the road improvements (there are 4 lots served by this road), prior to the issuance of building permits. The County Engineer and the Cazbondale Fire District must approve said improvements. The Applicant agreed with this solution at the October 14, 1997 P&Z meeting. Staff has included an appropriate condition in the draft resolution. RECOMMENDATION: Staff and the P&Z recommend that the Board of County Commissioners adopt a motion to approve the Sakson 1041 Hazard Review, subject to the conditions in the attached draft resolution. ATTACHMENTS: 1. draft resolution 2. P&Z memo w/attachments MEMORANDUM TO: Planning and Zoning Commission FROM: Rick Magill, Senior Planner SUBJECT: Sakson 1041 Hazard Review and Conceptual Submission DATE: October 14, 1997 REQUEST: The applicant requests approval for establishment of a building envelope for an existing single-family home and customary accessory uses on a parcel located off of Dorais Way, north of Redstone. The structure on the property was originally permitted as a garage, then later converted to a residential dwelling unit without the benefit of a building permit. APPLICANT: Jeff Bier ZONING: The property is zoned AFR-2, 2 acre minimum lot size. SIZE: 1.34 acres PROCEDURE/PROCESS: This is a Two-Step Review, requiring the recommendation of the Planning Commission and a public hearing at the Board of County Commissioners. REFERRAL COMMENTS: The following agencies have been referred on this case: 1. County Attorney 2. County Engineer 3. Zoning 4. Environmental Health 5. State Forest Service 6. Division of Wildlife 7. Crystal River Caucus 9. County Wildlife Biologist 10. Carbondale Fire District * no comments received Comments of the agencies listed above are referred to as necessary in the appropriate sections of this memo. Referral memos received have been attached for your reference. STAFF ANALYSIS OF PROPOSAL: The following is a summary review and analysis of the applicant's proposal relative to the most applicable policies and standards of the Land Use Code. 1041 Environmental Hazard Review Geologic Hazard Areas- The pazcel is encumbered by steep slopes, some exceeding 30%. A building envelope has been proposed which avoids slopes exceeding 20%, except for a small area behind the existing residence. This area of steep slopes was created when the structure was built into the hillside. The azea immediately in front of the dwelling contains slopes of about 5 percent. The Colorado Geological Survey indicates that the present structure is located in an excavation in the nose of a small debris fan lobe which affords a fair amount of protection from any recurring events and, as such, constitutes the best location on the site. Jeff Hynes does recommend minor overlot grading and filling of a small channel uphill of the residence and the installation of some sort of perimeter drainage system along the back of the structure extending across the southeast corner of the excavation to address some minor erosion and slumping taking place in this area. Staff recommends that a drainage and erosion control plan be submitted to the County Engineer for approval, prior to the issuance of a building permit. Wildfire Hazards- The State Forest Service has rated the wildfire hazard as medium for the proposed building envelope. The vegetation is mainly aspen, with scattered Rocky Mountain maple, chokecherry, Gambel oak and juniper. Vince Urbina is concerned about the access to the property for emergency vehicles. The one-lane road (Dorais Way) is currently in need of grading and in some azeas may exceed the County standard of 12% centerline gradient. Mr. Urbina suggests that road improvements be considered as part of this land use review. The CSFS has in the past required that turn-outs be built along Dorais Way to accommodate emergency access. Staff feels that on ttu-n- out along the driveway to the Sakson parcel could be constructed to allow for emergency access. The Carbondale Fire District has in the past suggested that driveways in this area should be a minimum of 12 feet wide, with a minimum inside turning radius of 33 feet, and maximum grade should be limited to 12 percent. The County Engineer is reviewing the condition of the road and will submit comments prior to the P&Z meeting. Staff will attempt to contact the Carbondale Fire District for their specific comments on this application prior to the P&Z meeting. Wildlife Habitat- The Division of Wildlife determined that the subject property is within elk winter range. There is a substantial amount of winter use in this area due to it's location relative to the more developed azeas of Redstone. Black bear inhabit this azea and Bighorn sheep occupy the cliffs and the ridge to the east. Kevin Wright has suggested that expansion of the residence not occur to the east or uphill of the existing residence. Mr. Wright also suggested a number of mitigation measures for the property that have been included as conditions of approval. Mike Villa, the County's Wildlife Biologist, concurs with the recommendations of the Division of Wildlife. 2 Conceptual Cnbmission Policies and Requirements All development in Pitkin County must show compatibility with and consideration for a set of guiding policies and minimal standazds set out in Article 2 of the Land Use Code. It is staff s opinion that the applicant can comply with these policies and standards. Water and Sewer There is an existing well located in the middle of the proposed building envelope. The Environmental Health Department will require that the applicant demonstrate the quality and quantity of the water supply, and that the well can meet setback requirements from the septic system, prior to the issuance of a septic permit. There is an existing septic system for the dwelling unit that was permitted by the County in 1982. The Environmental Health Department will require that the applicant submit a new soils test and locate the corners of the existing system to confirm it's size. The EHD requires the receipt and approval of a septic permit prior to the issuance of a Certificate of Occupancy. Building Envelopg Staff is recommending that a building envelope be Yevised to exclude the azea behind the existing structure (see revised site plan). This suggested revision is due to the comments of the DOW and the existence of steep slopes behind the residence. The primary building envelope also has to be revised to be outside of the 30-foot front yard setback. Staff recommends that the area within the setback be utilized as a septic field construction envelope, if necessary to meet setback from the well requirements. The County does not consider a septic field as a structure within the setbacks. Board of Adjustment approval of a variance would be required if the primary envelope is within the setback. Dwelling unit The Chief Building Official will require that the structure be inspected to insure compliance with the Uniform Building Code, prior to the issuance of a Certificate of Occupancy for the residence. The CBO also recommends that the foundation be inspected and certified by a professional engineer, prior to the issuance of a CO. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission recommend approval of the Sakson 1041 Hazard Review, subject to the following conditions: 1. The Applicant shall adhere to all material representations made in the application and in the public meetings. 2. Prior to building permit application, the Applicant shall record a 24 x 36 inch mylaz 1041 Hazazd Review Site Plan which meets the approval of the Community Development Department and County Attorney. The Site Plan shall also be submitted in digital format on a 3.5" diskette to the Community Development Department, prior to the issuance of a building permit. The Site Plan shall include the following 1041 Hazard Review Warning and Disclaimer: "The provisions of these regulations do not in any way assure or imply that areas outside of designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property." a. The building envelope shall be revised pursuant to Staff s recommendations. 3. Outside illumination shall comply with County lighting standards in effect at the time of building permit issuance. 4. The Applicant shall comply with the following wildlife mitigation measures: a. One kenneled dog shall be allowed on this parcel. If a dog is to reside on the property, a kennel shall be constructed prior to the issuance of a Certificate of Occupancy for the residence. b. Fencing shall be a maximum height of 42", 4 strands or less with a 12" kickspace between the top 2 strands. Any rail fencing shall be the round type, 42", 3-rail or less with at least 18" between 2 of the rails. c. Native vegetation shall not be disturbed outside the building envelope, except as required for the access driveway and the implementation wildfire mitigation measures. Vegetation within the envelope shall be preserved as much as possible in order to screen the residence. d. Any horses shall be kept within the building envelope. Haystacks shall be fenced at the owner's expense and shall be fenced with 8-foot mesh fencing to prevent game damage. e. All gazbage/trash shall be kept within approved bear-proof gazbage containers. Hummingbird and other bird/squirrel feeders should be removed, if beazs aze observed around the homesite. 5. Wildfire mitigation shall be as follows: a. All vegetation shall be removed within 10 feet of proposed structures. This "defensible space" azea shall be maintained in mowed grass or non- flammable material, such as decorative rock or gravel. 4 b. Standing dead or dead down trees shall be removed within 100 feet proposed structures to break up the vertical and horizontal continuity of the fuel. c. All branches from trees and brush within the 100-foot perimeter shall be pruned to a height of 10 feet above the ground or half the total height, whichever is less. d. Tree crown separation within a 50-foot perimeter shall have a minimum of 10 feet between the edges of the crowns. e. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. g. Roofs and gutters shall be kept clear of debris. h. Yazds shall be kept clear of all litter, slash, and flammable debris. i. Firewood shall be stacked on a parallel contour a minimum of 15 feet away from any structure. j. At least one ten pound approved ABC class fire extinguisher shall be placed in a visible and accessible location for each structure. k. Fences shall be kept cleaz of brush and debris. 1. Wood fences shall not be connected to the structure. m. Fuel tanks shall be installed underground with an approved container. n. Roof construction shall be Class A, non-combustible material with no flat roofs. o. All vents shall be screened with corrosive resistant wire mesh of one quarter inch (1/4") maximum. p. Addresses shall be clearly marked and visible with minimum 2" letters. q. Maintenance of the "defensible space" shall be required in order to retain it's value as wildfire mitigation. r. Any additional buildings shall incorporate wildfire mitigation measures. 5 6. The Applicant shall install a water storage tank, the size and location to be approved by the Carbondale Fire Protection District with an approved and accessible fire district connection, for fire-fighting purposes. Prior to issuance of a septic permit, the Applicant shall provide documentation of an adequate domestic water supply. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. 8. The septic system designed for the site shall meet the approval of the Environmental Health Department. The Applicant shall obtain such approval, prior to the issuance of a Certificate of Occupancy for the residence. 9. The Applicant shall obtain afireplace/woodstove permit from Environmental Health Department, prior to the issuance of a building permit. 10. The disturbed areas within the building site shall be revegetated with native grasses to limit water consumption and additional runoff, immediately following project completion. 11. All development included grading, septic system, well, and landscaping shall occur within the building envelope, except for any grading necessary to improve the access driveway. 12. The Applicant shall obtain an access permit from the County Engineer, prior to commencement of any construction. 13. The Applicant shall submit a drainage and erosion control plan to the County Engineer for approval, prior to the issuance of a Certificate of Occupancy for the residence. 14. The Applicant shall adhere to the following standards for development on slopes: a. Adequate mechanical support shall be provided for cut slopes. b. Adding water which may decrease slope stability shall be avoided. c. Adding weight to the top of the slope shall be avoided. d. Disturbed slopes must be contoured so that they can be revegetated. e. Steepening of existing slopes shall be avoided. Confine cuts, fills, grading and excavation to the minimum area needed for construction. 15. The Aspen/Pitkin County Chief Building Official will require that the structure be inspected by the County to insure compliance with the Uniform Building Code, prior to the issuance of a Certificate of Occupancy for the residence. 16. The foundation of the existing dwelling shall be inspected and certified by a professional engineer, prior to the issuance of a Certificate of Occupancy. 17. The Applicant shall participate in a Road Improveme~District or Association should one be formed. ~-~~' l 18. The driveway that accesses the subject property shall be a minimum of 12 feet wide, with minimum inside turning radius of 33 feet, and maximum centerline. grade be limited to 12 percent. ATTACHMENTS: 1. CSFS letter 2. Zoning Office memo 3. Environmental Health memo 4. DOW letter 5. County Wildlife Biologist memo 6. Colorado Geological Survey letter 7. Crystal River Caucus letter 8. application FOREST SERVICE Stale Services Building September 26, 1997 azz s. vin street. B~~m 41G Grand Junction, Cobrado 81501 Telephone: (970) 248-7325 Rick Magill Aspen/Pitkin Community Development Department 130 South Galena Aspen, CO 81611 Re: Sakson 1041 Wildfire Hazard Review Rick, I inspected the property with Jeff Bier the owner's representative on September 25th. Access to the property is via the Dorais Way Road. At the time of my inspection the road was in tough shape so the going was real slow. As you probably know, this is primarily a one lane road and on private property. On my way in to the Sakson parcel it occurred to me that the access to the properties at the end of this road is very poor. There is no way for two vehicles to pass each other on this road. For the number of people who currently live on this road that is may be okay. However, in the event of an emergency such as a wildfire this road could create some serious problems. This problem will only get worse as more homes are built along this road. Look over the enclosed Wildland/Urban Interface Fire Facts sheet that John Denison of our office put together. Notice that the inability of vehicles to pass each other in a wildfire situation was the major cause of death in the Oakland Hills fire. Both the National Fire Protection Association (NFPA) 299 standard for the Protection of Life and Property from WI dfl jt~ and the Colorado State Forest Service (C~~~)~N11Slfl.[~ Safety: Model Regulations for Protecting People & Homes in Subdivisions and Develop place a strong emphasis on road width and dual access/egress. I believe that the planning department and the commissioners need to scrutinize this road situation closer as was done in the Terliamis Tracts. The recent improvements on the Stone Road in the Terliamis Tracts will benefit access and egress in the future as more homes are built in that subdivision. The building site has a west aspect with a 5-15% slope. The vegetation is aspen with scattered Rocky Mountain maple, chokecherry, Gambel oak and juniper in the understory. I would rate the wildfire hazard as medium because of the presence of aspen as the dominant species. This property is one of the last parcels using the Dorais Way road. Implementing defensible space recommendations would be a prudent move, even though, the wildfire hazard is only rated as medium. My recommendations to lower the wildfire potential and create defensible space are as follows. RECEIVED StP 'L 9 1991 ASPEN i ri (KIN COMMUNITY DEVELOPMENT SAKSON -PAGE 2 11 For a distance of 10 feet around all structures establish and maintain a 10 foot buffer where vegetation can be maintained at 6 inches or less (i.e., mowed grass). Woody vegetation should not be planted within this perimeter. In addition, firewood or other flammable material should not be stored here. 21 For a distance of 50 feet around all structures thin overstory trees so that crowns are no closer than 10 feet. I would favor leaving aspen over the other tree species since this seems to be more of an aspen site. Aspen stands usually have a lower wildfire hazard rating compared to conifer or Gambel oak/serviceberry vegetation. 31 Remove the lower limbs on trees that remain to a height of 10 feet or half the total height whichever is least. By removing the ladder fuels the opportunity for a ground fire to become a crown fire is reduced. 41 Remove all fallen and standing dead trees for a distance of 100 feet. I discussed the current road situation with Bill Gavette of the Carbondale Fire Department. He may want to comment on the road as well. Feel free to contact me with any questions. Sincerely, A. Vince Urbina Assistant District Forester cc: Bill Gavette -Carbondale FPD Jeff Bier RECEIVED SEi' L 9 1997 ASPEN I PITKIN COMMUNITY DEVELOPMENT ~Idland /Urban Interface Fire Facts: All of the incidents below occurred in one day, and most in just a few hours. ~Wildland/Urban interface fires frequently overwhelm even the quickest responding and best trained and equipped fire departments. +-Many times it is a fuel break (natural or man-made) or a change in weather that stops these major fires, rather than the actions of the firefighters themselves. >May 17, 1985: Florida. In one day 600 homes and other buildings burned and 100,000 acres were consumed. >1983: Ash Wednesday Fire. Victoria, Australia. In one day: 77 people died, 3500 injured, 2528 homes destroyed, 300,000 farm animals perished, and 840,000 acres were burned. >NOVember 6, 1961 Bel Air fire near Los Angeles destroyed 505 homes in one day. >1980 Panorama Fire in California: 4 lives were lost, 325 structures and 23,600 acres burned in one day. >1977 Sycamore Canyon Fire in California: 234 structures and 804 acres burned in one day. >.1une 27, 1990: Paint Fire, Santa Barbara, Calif.: 641 structures burned in this 4,900 acre fire. Wood shingle roofs were the major factor in the spread of this fire. >JUIy 15, 1987: Hangman Hills Fire, Spokane, WA. Even though there was less than 15 min. initial response time and 50 engines and 185 firefighters on site within 1 hour: 25 homes were destroyed. >JUIy 9, 1989: Black Tiger Fire, Boulder, C0: Initial response was 20 minutes. 44 homes and 2100 acres were destroyed in less than 7 hours. >OCtober 20, 1991: Oakland Hills Fire: 26 dead, 2,750 homes destroyed, 1600 acres burned. Duration of the fire was only 6 hours. 790 homes burned in the first hour of the fire ! RECEIVED Traffic jams formed from evacuating residents abandoning their vehicles and running for safety. 11 died in one such jam, and 8 in ano~6l~r4 9 1997 ASrtly ~ Ni I KIN COMMUNITY DEVELOPMENT M E M O R A N D U M TO: Rick Magill, Planning FROM: Joanna S. Schaffner, Zoning DATE: September 22, 1997 RE: Sakson 1041 Hazard Review & Conceptual Submission Parcel ID# 2729-092-00-015 I have reviewed the above referenced application and offer the following comments: ZONB: AFR-2, two acre minimum lot size This parcel contains 1.34 acres and is non-conforming in size. SETBACKS: The required setbacks for this parcel are: 30 foot front yard setback 20 foot side yard setback 30 foot rear yard setback The proposed building envelope lies within the front yard setback. Development within this area is not permitted without the approval of the Board of Adjustment. FLOOR AREA: The allowed floor area on this parcel is the sum of the following calculations: Lot Area in Square Feet Ratio 0 - 25,000 x .13 25,000 - 50,000 x .09 50,001 - 100,000 x .OS 100,000+ x .O1 HEIGHT: Although not measured, the existing structure appears to comply with County height regulations. OTHER: Development is not permitted outside of approved building envelopes unless specified by this approval. This includes entry or ranch gates, septic systems and landscaping. It is unclear whether the proposed building envelope lies outside of the 25 foot setback from the existing drainage, as required by the State Department of Natural Resources (see letter in application by Jeffrey L. Hynes). The applicant should be required to submit a building permit application for the residence by a given date. MEMORANDUM To: Rick Magill, Community Development Department From: Lee Cassin, Environmental Health Department Date: September 25,1997 Re: Sakson 1041 Hazard Review & Conceptual Submission Parcel ID # 2729-092-00-015 The Aspen/Pitkin Environmental Health Department has reviewed the details of the Sakson 1041 Hazard Review & Conceptual Submission 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 iaswe the availability of a water supply of adequate quality, quantity, presswe and dependability for fire protecfion and support of a proposed land use prior to approval of the use. The County shall requue land uses to hook up to existing public systems if service is available." This Department needs adequate information on the quantity and the quality of water available. This can be done from tests of the well present on-site by a water engineer's or well driller's report. 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. The well must meet the setback requirement from the septic system. If it does not, a new septic system will have to be installed that meets the setback requirements. Unfortunately, according to our records, the septic system is located in approximately the location shown on the site map as the well. It is recommended that low water landscaping (xeriscaping) be used to maintain the well yield, and that the timing of,any sprinkler systems be decreased for low water plants. The Colorado State University Cooperative Extension office can be contacted for more information on xeriscaping. A condition of approval for this application is the receipt of information documenting that the location of the well(s) meet setback requirements and that quantity/quality of the well water are adequate. Without meeting these requirements a septic permit and building permit can not be issued. Rin4d on R yAnd Popee 1 SEWAGE TREATMENT AND COLLECTION: Sections 2-18 and 3-1105: "It is the policy of the County to ensure that adequate sewage freatment facilities are available [o 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 Regulafion." Lots in the Sakson area are served by 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. The existing system was apparently permitted in 1982 to a previous owner, Jack Beautifish. To determine if it is adequate under today's regulations will probably require a new soils test and locating the corners of the existing system to confirm its size. A condition of approval for this application is the receipt and approval of the septic permit by the Environmental Health Department. WATER QUALITY IMPACTS: Sections 2-14 and 3-705 and 3-710: "It is the policy 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 [he 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. It 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 azea are not 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 is not expected to impact down stream water quality if the minimum horizontal distances between components of the system and physical features are in accordance with the Pitkin County Sewage Regulations. The Environmental Health Department is charged with preserving and protecting the quality of Pitkin County's water resources. Roofs and asphalt areas can be nonpoint sources of water discharge which can contaminate water supplies. This Department recommends that nonpoint sources of discharge be retained on the property of origin which can be accomplished through landscaping, drainage patterns, detention ponds, and dry wells for water runoff from buildings. AIR QUALITY: Sections 2-13 and 3-602: "Only that development is permitted which will not conMbute significantly to degradation of air quality in Pitkin County. Developments may not constitute an induect or duect air pollufion source under Federal, State or County regulations." This project is not expected to contribute significantly to degradation of air quality in Pitkin County, since it will generate very little traffic. PnntW an NecydM PeM+ FUGITIVE DUST Activities such as road building and landscaping require a Fugitive Dust Plan, which will be required if additional work needs to be done on this site. This plan would need to include, but is not limited to, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. 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, if further roadwork or construction are required. FIREPLACE The applicant must file afireplace/woodstove permit with the Environmental Health Department. The less densely populated parts of the county like the Sakson site may have two devices per building: a maximum of one wood burning fireplace and a second device which can be either a gas log fireplace or a certified woodstove. In addition, unlimited numbers of decorative gas appliances are allowed. Coal may not be burned in any device. No wood burning device may be installed 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 if any fireplaces or woodstoves exist or are planned. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2-7: "lt is the policy of 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. rMad.~~ rz~.yd.~a a.re. STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EM PLOVER John Mumma, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 RECEIVED SEP 2 3 1991 9-22-97 A~rrNi rI InIN Pitkin County Communit~~~~1~~i~.MENT 130 S. Galena St. Aspen, CO 81611 Dear Rick: REFER TO For Peap[e The Sakson parcel located along Dorais Way lies within elk winter range. There is a substantial amount of winter use in this area due to its location to the north end away from other homes, dogs, and disturbance. The adjacent Berry parcel revealed a substantial amount of browsing, pellet groups, and aspen barking. Black bear inhabit the area and could cause problems with improperly stored trash/garbage. Bighorn sheep occupy the cliffs and ridge to the east. Impacts to wildlife can be minimized by the following recommendations: 1. Any home enlargement/expansion be made to the west or downhill 2. Maintain native vegetation outside building envelope, including the dead snags which are important for the cavity nesters. I would strongly encourage the owner to cooperate and maintain the snags on the adjacent USFS land and not cut them down for fire wood. 3. discourage any fencing; if fencing is constructed it should be 48", 3 rail or less, round or split rail, with at least 18" between 2 of the rails. Any wire fencing be 42", 4 strand or less with a 12" kickspace between the top 2 strands. Any fencing be restricted to building envelope 4. Restrict to 1 dog with a kennel restriction; kennel be constructed before the C.O. is issued. 5. All trash/garbage be kept in approved bear proof garbage containers. 6. The site is probably too small for horses but if horses are kept any horse hay be fenced at owner's expense with 8' mesh fencing DEPARTMENT OF NATURAL RESOURCES, James S. Lochhead, Executive Director WILDLIFE COMMISSION, Arnold Salazar, Chairman • Rebecca L. Frank, Vice-Chairman • Mark LeValley, Secretary Jesse Langston Boyd, Jr., Member • Chuck Lewis, Member • James Long, Member Louis F. Swift, Member • Jahn Stulp, Member Thank you for the opportunity to comment. if you have any questions, please give me a call/ Since ely, ~'I W Kevin Wright District Wi ddlJ~fe Manager Carbondale QCT 08 '97 01~50PM PITKIFI PUB WORKS P.2 P~tkin MB1~raTtAirDTnvT TO: Tuck Magili-Seniox Planner 1~RUM: Michael'Vilia--Wildiife 13ioiogist KE: Sakson 1Q41 Review DATE: Uctober 8,1997 Tuck, i have reviewed and discussed the Sakson parcel with Kevin Wright (Coiarado T3ivision of Wildlife). T cantor wish the comments in his memo dated 9/22/97. As stated in his memo, the area is used extensively by big game in the winter months. The mitigation measures outiined by C:T)UW should be incorporated as conditions of approval for this parcel. Tf you have atty questions ar need clarification please Tali me at #5395. Piikin County Land Management 76 Servlcs Center Road rwivreo ~. Aspen, Colorado 81611 __' Aecrc~ec=n~.=.~ (g70) 920-5214 Fax: (970} 920-5374 STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 715 Denver, Colorado 80203 Phone (303) 866-2611 FAX 1303) 866-2461 ~I~ DEPARTMENT OF NATURAL RESOURCES Roy Romer Mr. Rick Magill PI-98-0003 governor Aspen/Pitkin Community Development Dept, wme,s ~~~hne,a 130 South Galena St. F°e`°~Iveolrec~or Aspen CO, 81611 M~~nael s ~~~~ Division Dlrector Sept . 3 , 1997 v~~k~ cows„ sere eer~in:;~~sr and Dlrector Dear Mr. Magill: Re: Sakson 1041 Hazard Review We have completed our review of as the general and engineering inspected on Aug.28,1997. the above referenced matter as well geology of the site. The site was The present structure is located in an excavation in the nose of a small debris fan lobe which affords a fair amount of protection from any recurring events and, as such, consitutes the best location on the site. The possibility of a significant event disturbing the existing building is accepably small. The micro topography of the site is such that a small drainage issues over the top of the cutbank immediately to the south of the structure and is eroding the bank and causing minor slumping into the excavation. This problem needs to be remedied by minor overlot grading and filling of this channel uphill of the house and the installation of some sort of perimetr drainage system along the back of the structure extending across the southeast corner of the excavation. There is some evidence that this was started behind the building already and it just needs to be completed and documented properly. Given these comments we see no geology-related problems with this site and the existing improvements. Yours truly ~_ Jeffre L. n~ ,~' ~. CRYSTAL RIVER CAb'C~Sat~ aS~~ _ ~o 11538 Highway 133, Carbondale,C9 ~y1623 ~„'~ukkM~ ~n y/ o~,F~op ~F~ September 24, 1997 Rick Magill Aspen/Pitkin Community Development Department 130 S. Galena Streer. Aspen, CO 8161 I Dear Rick: We are in receipt of the Sakson 1041 Hazard Review application. The Crystal River Caucus Board of Directors has reviewed the application and do not feel we need to call a special caucus meeting for this application. Therefore, the Crystal River Caucus has no comments on this application. Crystal River Caucus Kim Smeins, orresponding Secretary MEMORANDUM To: Rick Magill From: Bud Eylar Date: 10/9/97 Re: Sakson 1041 Rick, I have reviewed the application and have the following comments: As there is an existing drive to the site, I do not believe that an Access Permit will be required. However, the applicant should make improvements to the access road/drive to bring it into compliance with current County access standards and with the requirements of the Carbondale Fire Department. EXHIBIT "E" North & West Boundary: Mark & Suzanne Seevers 5881 South Kingston Way Englewood, CO 80111 South Boundary: East Boundary: Roger L. Berry P.O. Box 448 Uvalde, TX 78803 White River National Forest ~~be Quinn, X30.. .d3~/~'7J97, sakaon ro~iz ovemente ~ X-Sender: debbieq@commons.co.pitkin.co.us Date: Mon, 27 Oct 1997 13:30:00 -0700 To: rickm@co.pitkin.co.us From: Debbie Quinn <debbieq@ci.aspen.co.us> Subject: sakson/road improvements Cc: bude@co.pitkin.co.us Rick, If there are 4 lots accessed by a road and not part of a formal subdivision, and the road is private and in need of improvements, and there is no association in place now, the owners of the lots could agree to form a road association, like a homeowners association, with the ability to assess property for road improvements and maintenance. this involves forming a non-profit corporation for the association, adopting bylaws for the corporation, establishing protective covenants for the lots affected, and a consent form for each owner to subject his/her property to the covenants. There would also be a road maintenance agreement with the county, establishing what the improvement and maintenance standards are and agreeing to have the road meet such standards. We have two models already, the Stone Road Association, for the Terliamis tracts, and the Shield O Mesa Road Association. In each case the county, in the maintenance agreement, has agreed to require unwilling owners to join the association as a condition of any land use approval or building permit, and to pay a pro rata share of improvements. I don't know if Bud has seen the info on this application, but I imagine driveway standards would apply, and he would have to have some input on what improvements are necessary. I can assist in providing copies of documents we have accepted in the past for road associations, and the applicant could also call me for other options, such as a taxing public improvement or metro district. I didn't think you wanted all the info directly, but let me know if you need anything further. Also, I have a call in to Joe Edwards to see if he will be handling any aspect of the appeal or otherwise. Debbie ~nt~for~tio~gll<ricTsat co.pitTcn.co.us> APPLICATION FOR 1041 HAZARD REVIEW CONCEPTUAL SUBMISSION 1.34 Acres of the McKinney Tracts -ocated north of Redstone, Colorado Owned by: Drew Sakson 0055 S. Meadowview Court Glenwood Springs, CO 81601 Submitted by: Jeffrey M. Bier P.O. Box 100 Carbondale, CO 81623 Mr. Rick Magill Aspen / Pitkin County Community Development 130 S. Galena Street Aspen, CO 81611 RE: 1041 Hazard Review /Conceptual Submission - 550 Dorais Way, Redstone, CO 81623 Dear Rick, Enclosed please find 24 copies of a 1041 Hazard Review /Conceptual Submission on property owned by Drew Sakson. The property is 1.34 acres in size and has a small cabin on the site. A check in the amount of $1,370.00 is enclosed as required in the Pre-Application Summary. Please let me know if you need further information. Sincerely, Jeffrey M. Bier The property subject to this application is improved with a small, two-story cabin built in about 1980. The cabin was originally permitted as a gazage, then later converted into living quarters without acquiring a building permit. ' The purpose of this application is to bring the property into compliance with Pitkin County Land Use policies. The owner will be dealing with the Pitkin County building department on issues concerning the structure. Included with this application is a letter from the owner authorizing Jeffrey M. Bier to act on his behalf in regards to the 1041 Hazard Review process. Legal Description: Please see Exhibit "A". Proof of Ownership: Please see Exhibit "B" Photographs: Please see Exhibit "C" Zoning: The property is zoned AF-2. 5. Improvements: The property is improved with a small cabin approximately 780 square feet in size. The cabin contains one bathrcom, one bedroom, kitchen and living area. There is a well along with septic system and leach field. Wildlife Hazazd: 3-80.80 Although the site has been mapped for elk winter range, adjacent human activity and attendant domestic animals have, over the years, discourage some of the previous usage by elk. This lot and building has had someone living on the premises for over 15 years. The owner requests that dogs be allowed per Code Section 3-80.80(c) (2) with appropriate kennels. Wildfire Hazards: 3-80.70 The building envelope and balance of the property has been mapped "low wildfire hazard" and is forested with aspen and typical undergrowth. The applicant will comply with wildfire mitigation recommended by Pitkin County and the Colorado State Forest Service. 8. Geologic Hazards: 3-80.50 The applicant understands that the Colorado Geological Survey will be contacted for this review. Attached as Exhibit "D" please find a letter from Jeff Hynes of the C.G.S. with his findings on the property immediately south of this site. 9. Improvements & Services: 3-110. A. Power and telephone are in place on the property. B. Water: A well has been drilled and is piped into the cabin. A small water right goes with the property. C. Sewage: Aseptic system and leach field are installed and hooked up to the cabin. D. Roads: Access through the property is via a 300 foot easement through Wild Rose Ranch that connects with the former Crystal River Railroad R.O.W. which connects to the north end of Redstone Boulevard. The easements through Wild Rose Ranch serves three additional sites. One of these sites received 1041 approval in 1989 (Knotts -Case No. 110A-89) and another is currently under review (Berry Application). E. Parking: Adequate parking is available per code requirements. 10. Adjacent Owners: See Exhibit "E" w .~ July 7, 1997 Mr. Rick Magill Aspen/Pitkin County Community Development 130 South Galena Street Aspen, CO 81611 Dear Mr. Magill, I hereby authorize Jeffrey M. Bier to act as my agent and represent my interests in completing the 1041 Hazard Review/Conceptual Submission on property I own at 550 Dorais Way, Redstone, CO 81623. Drew Sakson 0055 S. Meadowview Court Glenwood Springs, CO 81601 Order No. 23854 EXHIBIT A A tract of land situated in the Northeast quarter Northwest quarter of Section 9, Township 10 South, Range 88 West of the 6th Principal Meridian, lying Westerly of the Easterly line of said Northeast quarter, Northwest quarter, described as follows: Beginning at a point on the Easterly line of said Northeast quarter Northwest quarter whence the Southeast comer thereof bears South 00 degrees 05 minutes West 974.93 feet; thence South 87 degrees 12 minutes 57 seconds West 250.97 feet; thence North 15 degrees 00 minutes 30 seconds East 197.24 feet; thence North 46 degrees 26 minutes East 209.64 feet; thence South 53 degrees 08 minutes East 60.13 feet to a point on the Easterly line of said Northeast quarter Northwest quarter; thence South 00 ~, degrees 05 minutes West 286.72 feet along the Easterly line of said Northeast quarter Northwest quarter to the point of beginning. County of Pitkin, State of Colorado -~ EXHIBIT "B" 5an~tity of Confntd STEWART TITLE OF ASPEN, INC. 620 E. HOPKINS • ASPEN, COLORADO 81611 (970) 925-3577 FAX: (970) 925-1384 July 16, 1997 Re: Sakson property; Our Order No. 23854 Board of Commissioners, Pitkin County, Colorado: Stewart Title of Aspen has conducted a search of the appropriate. real estate -~ records of Pitkin County with respect to the property described on Exhibit A, attached hereto ("subject property"). Title to said property appears to be vested in the name(s) of Drew Sakson. The subject property was first subdivided from a larger parcel by deed recorded " October 13, 1966 in Book 223 at Page 270. Based upon a search of the appropriate real estate records, Stewart Title of Aspen hereby certifies that at no time since January 1, 1972 has any owner of the subject property simultaneously held title to any adjacent tract. This statement is neither an abstract, opinion nor guaranty of title and is intended " specifically and exclusively for the use of the Board of County Commissioners of Pitkin County in determination of "merger of title" or lack thereof as said "merger" relates to the applicable statues, ordinances and restrictions of jurisdiction. It is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligations or liability whatever on any statement contained herein. Sincerely, _ Peter P. Delany a S.V.P. ,~ ~, ~., r ~. ..~ Exhibit "C" LOOKING EAST AT THE CABIN ON THE SAKSON PROPERTY JUN-24-1997 13 21 FROM BERRY CONSTR ROGER BERRYY TO Exhibit D STATE OF 19709630979 P.01. COLORADO GEOIOGIGAL SURVEY Division a( Minerals and Geology Depamment o(Nariral Resources -~ 1313 Sherman 5[met Room 71 S Denver, Colorado 60203 Phone (303) 866.2611 FA% (3031 866-2461 Mr. Rick Magill _ Aspen/Pitkin Community Development Dept. _ 130 South Galena St. Aspen, CO 81611 • June 10, 199TH Dear Mr. Magill: Re: Berry 1041 Hazard Review PI-97-0017 RovRamer Gwemar lames s. Lachhearl E:ecurive Direcor Michael 8. Lang Oi~ision Director Vic"ti Cowart Slak GeoloRisr and Dincmr We have reviewed the materials submitted on the above referenced application as well as the general and engineering geology of the site. The stand of mature trees and the relatively gentle slope in the vicinity of the building envelope serve to protect the site from the rockfall hazard which exists upslopr to the east. One constraint does limit the building envelope as portrayed on the site plan. There is a small but significant drainage which crosses the northern portion of the lot and the building envelope abuts this feature. There is a well defined channel associated with this drainage and a 25-foot setback should be established in which no construction should be allowed. Given this one comment, we have no objection to the approval of this application. Yours truly, `~ / Cam{ V'` f Jeffr H TOTFlL P.01 EXHIBIT "E" North & West Boundary: Mark & Suzanne Seevers 5881 South Kingston Way Englewood, CO 50111 South Boundary Roger L. Berry P.O. Box 448 Uvalde, TX 78803 East Boundary: White River National Forest PITKIN COUNTY PRE-APPLICATION CONFERENCE SiIMMARY DATE: 8/30/96 PROJECT: Sakson Residence APPLICANT'S REPRESENTATIVE: JeffBier REPRESENTATIVE'S PHONE: 963-3300 fax: SUMMARY 1. Type of Application: 1041 Hazard Review/Conceptual Submission 2. Describe action/type of development being requested: The Applicant is requesting approval of a 1041 Hazard Review in order to establish a building envelope for an existing single-family residence. The property consists of 1.34 acres and is located on Dorais Way north of Redstone. The property contains azeas mapped for elk winter range, potential and historic avalanche, slopes in excess of 15 percent; less than 30 percent, alluvial fan activity, and low to medium wildfire hazard. 3. Areas in which Applicant has been requested to respond, types of reports requested: Code Section 3-80.80 Wildlife (elk winter range) 3-80.70 Wildfire (mapped as low hazazd azea) 3-80.50 Geologic Hazazd (slopes, avalanche, alluvial fan) 3-110 Improvements and Services Referral Agencies 1. County Attorney 2. County Engineer 3. Zoning Office 4. Environmental Health S. Crystal River Caucus 6. Colorado Geological Survey 7. State Forest Service 8. Division of Wildlife 4. Review is before: P&Z/BOCC 5. Public Hearing: yes 6. The applicant needs to post a sign for each public hearing pursuant to Section 4-90 of the Code. " (x)YES NOQ 7. Please submit a list of Adjacent Property Owners: (x)YES NOQ 8. The Applicant shall provide stamped, pre-addressed, letter size envelopes, with the return address of the Planning Department, for mailing to all adjacent property owners. (x)YES NOQ 9. Number of copies of application packets to be submitted: 24 10. Planning Office fee deposit required: $ 1050.00 Referral Fees required: County Engineer $ 150.00 Environmental Health - $ 65.00 County Clerk $ 105.00 Total Deposit: $ 1370.00 11. Anticipated date of submission: 12. COMMENTS/[JNIQUE CONCERNS: The existing residence on the subject property was ~, illegally improved from a garage into a residence (without benefit of a building permit). The Applicant's Representative has met with the Chief Building Official and an inspection of the existing residence will be required before any further permits can be issued. 13. FOR A COMPLETE APPLICATION, PLEASE INCLUDE THE FOLLOWING: (please submit the following in packet form; see required number of copies above) ,~ 1. Letter of request which describes the proposal in detail and addresses Code Sections (attached) listed above; 2. 24" x 36" Site Plan which includes entire lot with proposed and existing structures, proposed and existing building envelopes, topography at 2-foot contour intervals, access driveway, and vicinity map; 3. Copy of this pre-app form; ~' 4. proof of ownership (deed); and chain of title/non-merger documentation for this and adjacent properties prepared by an Attorney or Title company; 5. report from a qualified geologist which addresses the geologic hazards to the property. -~ * Application fee & Agreement for Payment form (available at the front desk) (1 copy only); CERTIFICATE OF MAILING RE: Sakson 1041 Hazard Review & Conceptual Submission I hereby certify that on this 24th day of December, 1997, a true and correct copy of the attached Notice of Public Heazing was deposited in the United States mail, first-class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Aspen/Pitkin Planning Office by the applicant in regard to the case named on the Public Notice. By: Shazon Hirman Administrative Assistant PUBLIC NOTICE RE: SAKSON 1041 Ra~aRn REVIEW & CONCEPTITAL SUBNIISSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,. January 28, 1998 at a regulaz meeting to begin at 3:00 PM before the Board of Courny Commissioners, Plaza One Conference Room, 530 E. Main St., Aspen to consider an application~submitted by Drew Sakson requesting 1041 Hazard Review and Conceptual Submission approval to establish a building envelope for an existing single-family home and customary accessory uses. The property is located at 550 Dorms Way, and is described as a tract of land situated in the NEl/4 NWl/4 of Section 9, Township 10 South, Range 88 West of the 6th P.M. For firrther information contact Rick Magill at the Aspen/Pitkin Community Development Department (970) 920-5062. Copies of the proposed Resolution aze available for public inspection during regular business hours in the Office of the Clerk and Recorder, 530 East Main Street, Aspen, Colorado 81611- Phone (970) 920-5180. Jeanette Jones, Deputy County Clerk sBill Tuite. Chair Boazd of County Commissioners Published in the Aspen Times on December 27, 1997 Pitkin County Account 001 li AspenQ'itlcin Community llevelopment llepartment 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Ilse App 00113-63850-041 {,3860-043 -63885-268 -63875-046 -MR011 10000-67100-383 15000-63050080 15000~i3065-482 lication Fees: Deposit HPC Public Right-of--Way Zoning & Sign Permit Use Tax Park Dedication AH Commercial AH Residential County Land Use Application Fecs: 00113-63800-033 Deposit -63820-037 Zoning fi3R25-fi38 BcardofAdjustment Referral Fees: 00113-63RI0-035 00 i 15-fi3340-163 6202-63340-1~ 00125-63340-205 00113-63 t£ i 5-036 00113-63812-212 County' engineer City Engineer Housing Errviroemental Health County Clerk l4'ildlife Officer Sates: I10113ti3$30-U4 County Code -69000-145 Copy Dees Qthcr Name: ~~~.IA.~. -J~k~'?- Add% r~ss:~~CpZ~is,. ~'J~S>~0/~-lliCl,~-C'~ ~Q I Phone: ----(55rlZ~__. __ -;' LO' act ----__ Date~~{jlCheck: 02 ~ Project: _, Case No: ~~'~ 7-- No. of Copies _~t~ _-_ ~~ ~ 9~~