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HomeMy WebLinkAboutpitkin.planning.272909200007 (2)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 ID: 2729-092-00-007 .'- DATE RCVD: 2/25/2000 # COPIES: 10 CASE NO P024-00 CASE NAME: O'Neal/Josey Extension of Vested Rights :Planners Tamara Pregl PROJ ADDRt 1000 Dorais Way OWN/APP: Wtlliam O'Neal/June ADR P.O Box 517 C/SlZ: Genoa NV 89411 PHN:~- REP: Jeff Bier ADR: P.O. Box 100 CISIZ:. Carbondale, CO 8162 PHN: 963-1061/963-4 Email Addr: ALLOCATED HOURS:- -. _ FEES DUE: 1110 +.110 clerk FEES RCVD: 1220 ~~ . - ~- ,.. /o OVER: REFERRALS Attorney, Zoning, Crystal River Caucus, CSFS, Wildlife Biologist, Carbondale & Rural Fire Protection : , ~ _. ; ~~ ~'' - REF: 3/20/2000 BY TKT DUE: 6/12/2000 : - MTG DATE REV BODY PH NOTICED .' DATE OF FINAL ACTION: '. - 8/23/2000 6/14/2000 ' BOCC No 5/13/2000 BOCC Reso: 1174-2000 #447847 i No ~ BOCC Ord: REMARKS B67 P99,100 #492248: B39 P41 #391414 PZ: ~- HRG OFF: 02-49 #477483 CLOSED: 9/12/2000 BY; TKT HOsINDEX: ~""~~ ADMIN: ~' '.: , t PLAT RECORDED ~' PLAT {BK,PG): 657 P82 #454807 ' ADMIN INDEX: VR APPROVAL DATE:; 8/23/2000 ! VR EXPIRES: 8/23/2003 CASE TYP:.~` Ellen Vested Rights CASE TYP5: ; ' CASE=TYP,2;'. CASE TYP6:-. CASE TYP3i. CASE TYP7:.; ' r... ', , CASE TYPO: Date Scanned: 10/20/09 '. r File Location: - Box 178 i iiiii~iii iiiiu uuii aii uii uiuii iii iiiii ii~~i 447!47 10/12/2000 02:06P RESOLUTI DRVIS SILVI 1 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION OF THE BOARD OF COUNTY COM11'IISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE REINSTATEMENT OF VESTED REAL PROPERTY RIGHTS AND A MINOR AMENDMENT TO A DEVELOPMENT PERMIT TO WILLIAM O'NEAL AND JUNE JOSEY Resolution No. ~- 2000 RECITALS I. William D. O'Neal and June J. Josey ("Applicant's have applied to the Pitkin County Board of County Commissioners (`BOCC") to consider an extension of vested real property rights pursuant to Section 4-140-030 of the Land Use Code and a minor amendment to a development permit to amend the previously approved building envelope and establish a development envelope. 2. The property is located north of Redstone off of Dorian Way, and is more specifically described in the attached Exhibit "A." the property is zoned AFR-2 and contains approximately 3.78 acres. 4. The BOCC heard this application at a duly noticed public heazing on June 14, 2000, at which time evidence and testimony were presented with respect to this application. The BOCC continued his application and directed staff to work with the Applicant and the adjacent property owner with respect to an access issue. ~. The BOCC heazd this application at a regular meeting on August 9, 2000, at which time additional information was provided with respect to access to the property. 6. The BOCC has determined that the proposed development meets the criteria established in Section 4-140-030 of the Land Use Code, however, the BOCC has determined that the Applicant's request is in fact a reinstatement of vested property rights and shall be noted as such. The BOCC has found that the reinstatement of vested property rights is appropriate and the request for an extension is considered effectively a request for reinstatement. 7. The BOCC has determined that the amendment to the building envelope and the establishment of a development envelope meets the standazds established in Section 3200.080 of the Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant a reinstatement of vested property rights to the O'NeaUJosey property and a minor amendment to a development permit, subject to the following conditions which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application and in the public meetings. 2. The conditions of this resolution shall replace all conditions of approval established in Dodds Conceptual Submission approval granted on March 14, 1996. Resolution No. ~~ - 2000 I I!'lll "III 1!III! II"II'~II II I'I"I III!'il! III' I"I Page 2 2 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 3. Prior to submittal of any building permit applications, the Applicant shall record a 24 x 36 inch mylar 1041 Hazazd Review Site Plan in accordance to Section 5-70-040 of the Land Use Code. The site plan shall also be submitted in a digital format for integration into the County Geographic Information System (GIS). The face of the plat shall include the following: A. The building envelope shall be extended 15 feet to the north of the originally approved building envelope. B. The development envelope for the septic system shall be identified on the site plan as "Development Envelope for Septic purposes only." Topography, in 2' contours, shall be delineated within the development envelope. Any slopes of 30% or greater shall be eliminated. C. The access point servicing the southern portion of the property shall be eliminated. D. Access to the property shall be off of Dorias Way as represented in Exhibit B. E. A legal description of the surveyed and acceptable driveway alignment. 4. Lighting shall comply with the Pitkin County lighting standards at the time of installation. 5. The Applicant shall comply with the following wildlife mitigation measures: a. Fencing shall comply with the Pitkin County fencing requirements at the time of installation. b. All garbage/trash shall be kept within bear-proof garbage containers. c. Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in the area. d. If horses are kept, all hay shall be fenced with 8' game proof fencing at owner's expense. e. Native vegetation shall not be disturbed outside the building envelope, except as required for the implementation wildfire mitigation measures. f Development shall be prohibited within the Riparian Areas of the property with the exa:ption that bridges, roads, utility crossings and other structures such as irrigation devices may be permitted upon a finding that there is no feasible alternative location and that any impacts will be adequately mitigated. g. There shall be a limit of one dog on the property. If a dog is to reside on the property, a kennel shall be constructed prior to the issuance of a Certificate of Occupancy. h. Weeds shall be controlled on the property per the 1999 Pitkin County Weed Management Plan. 6. Wildfire mitigation shall be as follows: Defensible Space: A. The area around the structure shall incorporate landscaping with wildfire defensible space considerations as follows: Resolution No. ~~ - 2000 I II'lll "III "III' I'I'll II~1 18II I"I'll III "II' IIII I"I poge 3 447847 10/12/2000 02:06P RESOLUTI DNVIS SILVI 3 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions. 1. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10-15 foot perimeter aoound all structures. Vegetation in this area shall be at 6" or less (i.e. mowed grass, low-growing perennials). No vegetation taller than 6" shall be planted in this area. 2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around a structure built on flat ground. 3. Spacing and thinning of existing vegetation within 70 feet in every direction around all structures shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above [he ground and removal of ladder fuels from around trees and brush. 5. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the edges of the crowns. This does not apply to mature stands of Aspen trees where the above recommendation for removal of ladder fuels have been compiled with. In areas of aspen regeneration, the spacing guidelines shall be followed. 6. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 7. The density of fuel within a 100 foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 8. All deadfall within the 125 foot perimeter shall be removed. 9. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. Structural Desiun and Construction Reouirements: A. Roof shall have a Class A, non-combustible roof system. Wood shake shingle roof covering and flat roofs (up to a 3:12 pitch) are prohibited in all wildfire hazard areas. B. All vents shall be screened with corrosive resistant wie mesh of one quarter inch maximum. Maintenance: A. Roofs and gutters shall be kept clear of debris. B. Yards shall be kept clear of all litter, slash, and flammable debris. Resolution No. f~ - 2000 I I"III'I~II "Iln I'IIII'I'I IIII (III'II III'IIII I~'I IIII Page 4 447047 10/12/2000 02:0tiP RESOLUTI DRVIS SILVI 4 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO C. All flammable materials (i.e. firewood) shall be prohibited. Miscellaneous: A. Swimming pools shall be accessible to Fire Department vehicles. B. Fences shall be kept clear of brush and debris. C. Wood fences shall not be connected to the structure. D. Fuel tanks shall be installed underground with an approved container. E. Each structure shall have a minimum of one 10 Ib. ABC fire extinguisher. F. Addresses shall be cleazly mazked and visible with minimum 2" noncombustible letters and shall be cleazly visible at the primary point of access from the public or common access road and installed on anon-combustible post. G. Any outbuildings or additional buildings shall adhere to the same standazds as structures. Utilities: A. Utility lines shall be buried. 7. Prior to the submittal of a building permit, the Applicant shall obtain a septicpermit from the Environmental Health Departrnent. All sewage disposal systems must be designed by a registered professional engineer. Sewage disposal system shall be located within the approved development envelope. 8. Prior to the submittal 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. The welt site shall be located within the approved building envelope. 9. No development, including grading, landscaping (including berming) and vegetation removal or disturbance shall occur outside of the designated building envelope and development envelopes, except for utility and driveway extension and maintenance, and as may be necessary to implement the wildfire mitigation measures required elsewhere in this document. 10. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoffwithin one growing season of the project's completion. 11. A fireplace/woodstove application must be filed and approved by the Community Development Department prior to the issuance of a building permit (if necessary). 12. Prior to the submittal of any building permits, the Applicant shall form and/orjoin a Road Improvements District or Association for Dorais Way which provides a timetable for and level of road Resolution No. ~~ -1000 l I"III "III VIII' I'llll II'I I'll I0\I0'I III "I'I IIII II'I Pa e S 447847 10/12/2000 02:08P RESOLUTI DRVIS SILVi S S of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO improvements meeting the approval of the County Engineer and Carbondale 8e Rural Fic Protection District. An option is for the Applicant to provide pulEouts and tum-arounds meeting the approval of the Fire District prior to the issuance of any building permits. ~~. 13. Prior to the submittal of any building permit applications, the Applbant shall remove, regrade and revegetate the last approximately 100 feet of the driveway that was installed illegally to its original condition. The Applicant shall also regrade and revegetate the area around the test pit that is not on the subject property. A Regrade/Revegetation Plan shall be submitted for review and approval of the County Engineer and Land Management Department. ., ~ 14. Prior to the submittal of any building permit applications, the Applicant shall submit an access permit for review and approval by the County Engineer. The Applicant shall pay double fees on the Access Permit. The driveway shall comply with County driveway standards at the time of issuance of an access permit. .x„•15. The Applicant shall submit a Drainage and Erosion contol plan to the County Engineer for review and approval, prior to submittal of any building permit applications. ,~+' .i 6. The Applicant shall comply with all codes and requirements of the Carbondale & Rural Fire Protection District. 17. All development must comply with the provisions of the Pitkin County's Noxious Weed Management Plan. ~,18. Development of 30 inches above or below grade within the required setback requires approval of a variance by the Board of Adjustment. '19. The building and development envelopes aze located within the required 50 foot front yard setback. Any structures within the setback will require approval from the Board of Adjustment. 20. In accordance with Ordinance No. 023-2000, this approval shall permit a maximum of 5,570 square feet of floor area (all inclusive) as defined in Article 8 of the Pitkin County Land Use Code. 21. Pursuant to Ordinance No. 022-2000, the Applicant is subject to the Fair Share Requirements and shall pay a road impact fee as calculated at the time of buiHing permit issuance. 22. For any free mazket residential structure of 5,000 gross square feet or greater, the Applicants shall comply with Section 4.01.01(B) of the Pitkin County Road Management and Maintenance Plan, which requires the Applicants 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. 23. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on August 23, 2003. i iiioi iiui iiiiu iiuu iiii i~iiiii iii ilia iiii iiii Resolution No./~-2000 447047 10/12/2000 02:06P RESOLUTI DgVIS SILVI Page 6 6 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIl11ES ON THE 13TH DAY OF MAY, 2000. APPROVED AND ADOPTED ON THE 23~ DAY OF AUGUST 2000. VESTED RIGHT NOTICE PUBLISHED ON THE Z DAY OF OCT. , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS OF CIN COUNTY, COLORADO ee R. Dean Shetlie Roy Harper, CI rk to the Boazd Chair Date: ~ O i 3• w APPROVED AS TO FORM: John Ely, -~'7 Coe trty" Attorney APPROVED AS TO CONTENT: C~ ~ ~4. ~~ Cindy Houben, Community Development Director Case #24-00 272909200007 i iiiiii iiiii iigii iiuii iui iiii iiiiiii iii i~iii iiii iii 7 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ~~ti1~i~-~}- RIDER LEGAL DESCR1PTiON A tract of land dtuated b Ote IYE ]/4 NW 1/4 eI Scctlon 9, YownsMp ]0 Somh, Range 88 West of the 6th Prine}pal Meridlaa, (ying Pi+lerly o[ the unkr of the t]yatai River, d~ihed u follows: Baglnniag al a point la the ankr of uid river whence the wibes9 point b Jte Nonhwep wrner of sold Section 9 bears North 5738'51" West a dlsraace of 116632 fut; Ihcnu North 480390' East a dbtancs of 231.73 tut along tJte cater line o(sald river; thence NoAh 3358'00" last a d'utaaee of 322.80 feel doag Ne xokr ]lne o[ acid river, Otenee South 5809'00' Hut a d'uunce of 6.ti3 (al aloog the center line of said tlva; thence North 1130'00" Fast a distance of 2]5,27 feel aioog the ranter line o[ aaW river b a point on Jte Northerly line a[ w!d Section 9; thence South 6638'00. 1?aat a distanu of 228.00 feel; thence South 2538'00" Weu a dtstanu of 745.00 fut; Ihenu Nonh 6803'30" West a distance of 314,23 fur more or lets b the enter of uid river, the point o[ begianirsg. Together with an undivided one-half htkresl la cad b 0.83 c.f.s. from MelGlrtney Dikh taking weer trom Redwuh DitcA for Irrigation purposes. Together with su ri+ement or right of way over anJ scrap the ulsting roaJway u sstabliahad aloa j the old railroad grade for putpow of Ingeu cad egeu b said propeAy. Together w10t an eaxment of right of way for Ne hta411Nloo of a pipeline from the be~dgate on Redwash Gulch b the shove dr:salbad propuly. 1~Prac.~t_ = ~7ay-oS-~-oooa7 R: l~Y-?v~o ~ IIIII~ II1I111~llilii~~~ 1I1I l1II 1I1111I IIllllii -~~~ ~~~- 447847 10/12/2000 02:08P RESDLUT2 DpYIS SILYI 8 of 8 R 0.00 D 0.00 N 0.00 PITKIN CDUNTT ~D kXtll 8 ; r i, ~„ e .io`i.wi .r....,. nr~n. V Jw ~F~ ~i~iEF~uS J N r\I ...,. _. I J / i a ~ ~~. . ~,, ~ ~ 1 ~',~ /, 1 //~~ a '/// /// _ i, .w i „ BE:.i Y; \F / POS! COVhE P EEEi. Gbii. COwS: - r ])'S GEniF- /% rcsrc. F51i YoPE f / `~ / sUl. ~~\ L1AG '1~.: YI _ `i I IMF C.. Yh A JC ~ ~ 5 ~ Bl i. BF' : ~ ~ ~ ~ u< ~ S O .-,.-J M ~o ~~ v~~~~~ / ~ 0 HE ,~, ;. W / {~ ~ ~~~ ~~r.. _ _ / VVV we. rMt ~Ple IMeI PPC+i avr, ~q q f~ acccu au~+KFc«.l- a1}rara! {half' iS Ro f p,Pp~e wl .~+ ~Z , rwis VICINITY Map rwec ______ _._ rr x. LEci w..,w i IIIIII VIII IIIII~ III~i IIII IIIIII IIIIII III I~I~I IIII IIIIO 019 74S 0 02:02P DETERMINATION OF THE HEARING OFFICER OF THE COMNI[JNITY DEVELOPMENT DEPARTMENT OF PPTHIN COUNTY, COLORADO, APPROVING THE DILLON &WII,EY INC. / O'NEAL 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION Determination No.`~9-2002 RECITALS 1. Dillon & Wiley Inc. (hereafter "Applicant") has applied to the Pitkin County Heazing Officer (hereafter "Hearing Officer") for 1041 Hazazd Review approval to establish a building envelope for the construction of asingle-family residence and customary accessory structures. 2. The property is located on Dorais Way neaz Redstone and is more specifically described in Exhibit A. 3. The property is zoned AFR-2 and contains approximately 2.22 acres after the Lot Line Adjustment I recorded as Reception No.tii'4~Z `b 4. The Heazing Officer heazd this application at a public heazing on December 17, 2002, at which ~ time evidence and testimony were presented with respect to this application. 5. The Hearing Officer finds that the building envelope avoids wildlife and ripazian habitat areas, avoids slopes in excess of 30 percent, and is locatednr amedium wildfire hazazd area. NOW THEREFORE BE TI' RESOLVED by the Pitkin County Heazing Officer that approval is hereby granted to the Dillon & Wiley Inc. / O'Neal 1041 Hazard Review subject to the followilg conditions, which shall run with the ]and and be binding on all successors in interest: 1. This approval replaces Resolution No. 1742000, recorded at reception No. 447847. 2. The Applicants shall adhere to all conditions and material representations made inthe application and public meeturgs except as amended herein. Prior to submittal for any building permits, the Applicants shall record a 24 X 36 inch tnylaz 1041 Hazard Review Site Plan in accordance with Section 570-040 of the Land Use Code. Community Development shall approve the site plan prior to recordation. Upon approval by Community Development, the site plan shall be submitted in digital format for integration in to the County Geographic Information System (GIS) prior to submission of a buildiugpermit. The 1041 Site Plan shall be recorded after recordation of the required Lot Line Adjustment Plat. I II I II l i l IIII IIIIII 498D14 e SILT IR DRV II PITKIN C INTY CO R 0 00 01 /29 D20000 3.44E I .- ~ / a Hearing Officer Determination No.~-2002 Page 2 4. Aseptic permit shall be oUtauied from and approved by the Envirolunental Health Department, prior to issuance of a building permit. The septic system shall be located within the building envelope. 5. A fireplace/woodstove permit shall be approved by the Envirolunental Health Department prior to issuance of a building permit. 7 8. 9. 6. The Applicants shall obtain an access permit fi~om flee Pitkm County Engineerprior to building a permit submission. The Applicant shall pay double fees oti the access permit The driveway shall m l ' 1 C d= d -d 1 f' f comp y wrt t oun y I tveway stau aI s at t to tune o Issuance o an access pennrt. ~ m Prior to submittal of atiy bu ilding permit applicatioiis,flie Applicant. shall remove, regrade, aiad m m wMm: ~ N N ° revegetate. flie last approxnnately.100 feet of driveway that was installed illegally; to its origuial ~ ai ~ ~ Condition. The Applicant shall also regrade and revegetate the area azound the test pit that is not on ~ n m the subject property. A Regrade/Revegetatiou Plan shall be submitted by the Applicant for review '', ° and approval by the County Engnieer and the Land Management Department. o m The applicant shall comply with the follownig landscaping and wildfire defensible space mitgation standards: i A. .Brush, debris, and non-olnalnental vegetation shall be removed within a Irtinimum 10 foot o: } perhneter arowid the structure. z B_ Vegetation shall be reduced to break up flee vertical and horizontal Contitmity of the fuels a mhihmm~ of a 30 foot perimeter around the structure. r C. For a distazice of 10 feet around. all structures establish and maintain vegetation at 6 inches a ~ . or less. Woody vegetation should not be planted and flammable material should not be ~ i stored. within ffiis perhneter. o 'I C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimtttn of two times thelieight of the fuel. Maxhnum diaineter of the Cltuitps shall be ~ j N r ..two times the height of the fuel. All measurements shall be from the edges of the crowns ~ the fuel D. All branches from trees and brush withii the 30 foot perhneter shall be pruned to a height of10 feet above the gtoLUid and ladder fuels from around trees-and brush shall be removed. E. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the Crowns. F. All braliclies tiJiich extend over the roof eaves shall be trimmed uid all branches within 15 feet of the chitimeys shall be removed. G: The density of fiiels within a 100 foot perimeter of thestructure-shall be reduced. H. All deadfall wifliu~ the 100 foot perhneter shall be removed.. L Tlie applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. The applicuit shall comply with die following additiotal wildfue mitigation stazidazds: A. Roofing: New roofs shallhave a class A roof covering of a class A assembly roof system. Wood shake/shhigle roof coveringsand flat roofs (up to a 3:12) pitch are prohibited. ~~ lll II I ~ I I l ~ ~ f '~ I If I~ ' ~ I el ~i i II ~ II~IIII II I ~~IIe I I~i Iiei 4 01l2 9 / 200 03:44F SILVIR DRVIS PITKIN'COUNTY CO R'0.00 ^ 0.00 t ~.._ Hearing Officer Determination No. ~-2002 Page 3 B. Vents shall be screened with corrosive resistant wire mesh with mesh'/< inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flanunable materials shall be stored on a parallel contour a minimmn of 15 €et away from any structure. N F. Weeds acid grasses within the ] 0 foot perimeter shall be maintained to a height not more m than 6 inches. m ~ n o G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away ~ ~ N o from the sh~ucture. ~ ~o .. H. Swimming pools shall be accessible to Fire Department vehicles. r p1 L Fences shall be kept clear of brush and debris. d' a m J. Wood fences shall not connect to the structure. m @ K Any outbuildings or additional structures shall adhere to the same standazds as structure;. m ~ L. Fuel tanks shall be installed underground with an approved container. M. 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 enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of the walls z N. . Each structure shall have a minimum of one 10 pound approved ABC fire exthiguisher ~ ', placed in a visible and accessible location. O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible a and installed on anon-combustible post. P. New utility lines shall be buried. o Q. The Applicant shall comply with all codes and requirements of the Carbondale & Rural Fire S Protection District. y 10. T1re Applicant shall comply with the following wildlife mitigation standards: A. Native vegetation shall be maintained outside of the approved building envelope except as may be necessary for wildfire mitigation as listed above. B. All dogs on the property must be kenneled. A kennel must be constructed n the property prior to issuance of a C.O. for the property. C. All fences shall comply with fencing sturdazds at the time of building pennitsubmission. D. No horse grazing shall be allowed within the riparian or lower bench area. E. Any horse hay shall be fenced within 8' mesh game proof fencing. F. No fruit bearing trees shall be planted on the property. G. The Applicant shall install bear proof trash ~ntainers. 11. No development, including grading excavation, fill placement, berming, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building [and/or] development envelopes unless otherwise specified in this document, such as necessary wildfn-e mitigation. Construction, staging parking, utility and driveway extension utd maintenance shall occur within approved building, or access driveway. No construction staging shall occur on Dorais Way. 12. Prior to application for building permit the applicant shall provide for review to the County Engineer a trip generation and construction trip generation study for atry free mazket residential IIIIIIIIIIIIIIIIII VIII IIIIIIIIYIIIIIIII III VIIIIIIIIIIIO 01 2g9 /~~20 ~ 03 44F D 0.00 Hearing Officer Determination No.~-2002 Page 6 structure exceeding 5,000 square feet. Atraffic-etigineering consultant hired by the applicant and pre-approved by the County Engineer shall develop this study: - 13. Pursuant to Ordinance No. -022-2000, the Applicants are subject to the Fair Share Requirements and shall pay a road impact fee. o N tO B 14. The Applicant shall join a road improvements association should one. is be,formed for the area. n'j $ m o j - ~ mm . a n 15.. Prior to commencement of any eartlunoving or cotstruction activity, the Applicants shall stake ti ,; ~ ~ the corners of the building envelope and install construction fencing around the perimeter of the ~ a o building etvelope: The fencing. shall remain ni place until issuance of Certificate of Occupancy: m Absolutely no riparian (e.g. cottonwoods, alder, blue spruce) or wetland (e.g. willows, sedges; ~.m rushes) vegetation shall be damaged or removed outside the buildung envelope. ~ m i 6. A drainage and erosion control plan shall be subiniited and approved by the County Engineer ~! ' prior to building permit submission. ~.~° 17. The building and development envelopes. aze located within the required 50 foot front yard setback. Development of 30 niches above or below grade within the required setback requires "'~~S approval of a variance by the Board of adjusnnents. ~Y I ~, ~~ 18. Floor azea shall be limited fo 5,750 square feet exempt from growth management or use of TDRs. ,~~~ The absolute allowable floor are oii the property shall not exceed 7;835 square feet. ~~g ~~~ ; 19. Statutory vested rights for the approval contauied heren~ are granted pursuant to the Pitkin °~ Comity Land Use Code azid Colorado Statutes, subject to flee exceptions set forth in Pitkin N ' .County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on December 17, 2005. I~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIII 478 14 SILVIR.DRVIS PIiKIN COUNiY C iIi III VIIIIIIIIIIIO 0 1 /29 /02003 0 3:44P .0.00 ~i ,,..~ Hearing Officer Determination No. ~_-2002 Pale 5 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 16th DAY OF NOVEMBER 2002. APPROVED ON THE 17th DAY OF DECEMBER 2002. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON Z - $' 03 ATTEST: I ep anie Dubick, Administrative Assistant APPROVED AS TO FORM: J 1~ my Attorney Case #P 146-02 PID# 272909200007 HEARING OFFICER OF PITKIN COUNTY,COLORADO alnes R. True, Hearing Officer Dater/^~~~?~ APPROVED AS TO CONTENT: Cin y Houben, Community Development Director i~im~~iimiu~~u~~uiuuuAwiw 478014 Page: 5 of 6 01/29/2003 03:44F D 0.00 a N m N 0 B ('/~ W nl m e m m 1fI N .. ~ \ ~ d ~~ d O B ,~~. o ~m ~~; ~~ ~~ ~~ ~~ o ~~F ~~~' ~~ _~, Y ~~ a ~~ ~~~~ N j Q ~~ ~ Q ~~> -~ J N .. , LIiJGAL DESCR I PT i ON - 2.~2 AC PARCEL A TRACT -0F LAND `SITUATED IN NEI/4NW1/4 OF SECTION 9. TOWNSHIP IO SOUTH. ,RANGE. 88 WEST OF THE 6TH PRINCIPAL MERIDIAN. P1TKfN COUNTY. COLORADO. LYING. EASTERLY OF THE CENTER OF THE CRYSTAL RIVER. WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE OF THE OLD CRYSTAL RI-VER RAILROAD: AND NORTHERLY OF A PARCEL OF LAND DESCRIBED IN REGEPTIDN NO..141311 IN BOOK 249 AT PAGE 428 OF THE RECORDS OF THE PITKIN COUNTY CLERK.AND RECORDER. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE WHENCE AN IRON I POSIT. WITH A BRASS CAP FOUND-IN PLACE AND PROPERLY MARKED FOR THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 9 BEARS S 25°38"00'W 254.77 FEET AND N 58°14'11"W 1482:.92 FEET: THENCE N 64°22'00" W 216:14 FEET MORE OR LESS TO-THE CENTER OF SAID CRYSTAL RIVER: THENCE ALONG SAID RIVER'CENTERLINE ON THE FOLLOWING COURSES: N 33°58'00- E 261.30 FEET: THENCE N 37°SI'10-E 14.24 FEET: THENCE N II°30'00' E 215.27 FEET: THENCE LEAVING SAID RIVER CENTERLINE ON rA COURSE BEARING S 66°38'00" E FOR 228.00 FEET TO A POINT ON SAID WESYERtY -RIGHT-OF-WAY LINE: THENCE S 25°38'00' W 490.23 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LFNE TO JHE POINT OF BEGINNING, CONTAINING 2.22 ACRES MORE 0,°. LESS . a N I M. ~ B I •'J 4 ~ m i O9m~ ~ N ~~; s ~ 01\. A .r .d'am_ ml m ~~m o:. ,. '~~. -~=o ~--~.o ~_ ~~ o e o _ ~Y a ~" ~~ H d I IiiIII IIIII ~IIIII IIIiLIIIIIi II 11111111 III !1111 ilil IIII 4 8 4 2003 03 44F ~_ SILVIR DRVIS PITKlN COUNTY Co R 0.00. D 0, 00 ~/m W MEMORANDUM TO: Board of County Commissioners Regular Meeting -August 23, 2000 (Continued Public Hearing from August 9, 2000) THRU: Cindy Houben, Community Development Director FROM: Tamara Pregl, Planner* RE: O'Neil/Josey Reinstatement of Vested Rights and Minor Amendment To A Development Permit ISSUE: At the August 9, 2000 regular meeting of the BOCC, the BOCC directed the Applicant to stake the proposed driveway alignment for Nicholas Ziegler to review and approve. It was determined that the survey of the driveway alignment would be commissioned upon Mr. Ziegler's sign-off of the staked driveway alignment. In addition, the BOCC had indicated that the final survey shall also be signed off by Mr. Ziegler prior to recording the site plan. The Applicant did flag the proposed alignment of the driveway as represented at the August 9, 2000 meeting. Staff did speak with Mr. Ziegler, on Tuesday July 15, 2000, who had indicated that the driveway as staked is acceptable. The Applicant has commissioned the surveyors to survey the final acceptable alignment of the road and a legal description of the alignment will be included on the face of the site plan. A copy of the survey was not available prior to the distribution of the memorandum. However, a final survey was not required for this meeting. The direction of the BOCC was to have the Applicant stake the driveway alignment and for Mr. Ziegler to sign-off on the alignment as staked. Finally, it had been decided that the southern most entrance proposed to access the meadow area would be eliminated. SUMMARY OF REQUEST: The Applicant is requesting the following approvals: Reinstatement of Vested Rights for a period of three years pursuant to Section 4-140-030 of the Land Use Code; Minor amendment to a development permit to expand the building envelope on the north end of the property by approximately 15 feet for the purpose of preserving a number of mature ponderosas and evergreens and to obtain better solar exposure; and Approval to add an approximately 1,800 square foot development envelope, north of the existing gully, for the purpose of a septic system. There will be no structures above ground within the development envelope. APPLICANT(S): William O'Neil and June Josey REPRESENTATIVE: Jeff Bier and Tom Hill LOCATION: The property is located approximately 2 miles north of Redstone adjacent to the Wild Rose Subdivision on Dorais Way. Access to Dorias Way is off of Highway 133 along the old Crystal River Railroad right-of--way. O'Neil/Josey Reinstatement~INested Rights August 23, 2000 STAFF'S RECOMMENDATION: Staff recommends that the Board pass the following motion, "to approve the O'Neil/Josey Reinstatement of Vested Rights and Minor Amendment To A Development Permit, subject to the conditions in the attached Resolution." ATTACHMENTS: A. Draft Resolution "MS. PreRllun u Hk~a+/e~ in UrDmi P/mmv~g jYUm fhe lh~rveryiry u/WLVnndb~d~filxnnkee. Ms. YreRl hav hews wurMng whh Ihr Pittin Cmmry P]anrrL~g Ueyar/men! oo a PlmmerJur 1 %Yeacc MEMORANDUM TO: Board of County Commissioners Regular Meeting -August 9, 2000 (Continued Public Hearing from July 26, 2000) '~~ $wCN THRU: Cindy ouben, Community Development Director FROM: Tamara Pregl, Planner* RE: O'Neil/Josey Extension of Vested Rights and Minor Amendment To A Development Permit SUMMARY OF REQUEST: The Applicant is requesting the following approvals: Reinstatement of Vested Rights for a period of three years pursuant to Section 4-140-030 of the Land Use Code; Minor amendment to a development permit to expand the building envelope on the north end of the property by approximately 15 feet for the purpose of preserving a number of mature ponderosas and evergreens and to obtain better solar exposure; and Approval to add an approximately 1,800 square foot development envelope, north of the existing gully, for the purpose of a septic system. There will be no structures above ground within the development envelope. APPLICANT(S): William O'Neil and June Josey REPRESENTATIVE: Jeff Bier and Tom Hill LOCATION: The property is located approximately 2 miles north of Redstone adjacent to the Wild Rose Subdivision on Dorais Way. Access to Dorian Way is off of Highway 133 along the old Crystal River Railroad right-of--way. BACKGROUND: This is a continued pubic hearing from July 26, 2000. This application was not heard at the July 26, 2000 BOCC meeting because the Applicant requested that this application be continued to allow more time to address the driveway issue. The following is a summary of events with respect to this application. April 1999: Staff conducted a site visit with Jeff Bier prior to the submittal of the application. No driveway was in place at this time. February 2000: The Applicant submitted an application requesting a reinstatement of vested rights and a Minor Amendment to a Development Permit. May 2000: Staff conducted a site visit with Eddie Engstrom, Nicholas and Joan Ziegler's daughter, in response to her complaint that a driveway had been installed across the Ziegler's property in November 1999 without permits. It is staff's understanding that Ms. Engstrom did not call the county when the driveway was initially installed because she was trying to resolve the issue with the Applicant. Since she was not able to resolve the issue with the Applicant, she notified the County of the illegally built driveway. May 15, 2000: Staff sent the Applicant a Notice of Violation letter. ~.:. O'Neil/Josey Extension of Vested Rights August 9, 2000 May 25, 2000: Staff conducted an additional site visit with the Applicant's representative to discuss the driveway that was installed without County permits and in violation of the original 1041 approval. It was determined by staff at that time that the driveway had been installed in approximately the same location as the northern access point depicted on the site plan recorded in 1996. Staff acknowledged the fact that the road was installed without county permits, however, since the driveway was installed roughly in the same location as approved in 1996, it was staff s opinion that the driveway should remain and that the Applicant should be required to pay double fees. June 14, 2000: The BOCC heard the Applicant's request at a public hearing. The Zieglers indicated their displeasure with the location of the driveway as constructed. The BOCC directed staff to work with Nicholas and Joan Ziegler and the Applicant to resolve the driveway matter. The BOCC continued the meeting to June 28, 2000. June 21, 2000: Staff met with the Zieglers and their daughter, Eddie Engstrom, the Applicant's representative, Jeff Bier, and attorney, Tom Hill, and Bud Eylar, County Engineer at the subject property to address the issues of the driveway as directed by the BOCC. No resolution between the Applicant and the Ziegler's was reached at that time. / During the site visit, Mc Eylar indicated that the violating driveway appears not to be in compliance with county standards for driveways, however, that it could be brought into compliance. Mr. Eylar noted that a more direct access to the property, as asserted by Mr. Ziegler, further "down the road", at the north end of the property before the gully, would more than likely meet county standards and would be less impactive than the violating driveway. Mr. Eylar indicated that if this northerly access can meet county standards, he would recommend that the violating driveway be removed and restored to its original condition. / Staff spoke with Mr. Zielger with regard to a resolution of the access issue. It is staff's understanding that Mr. Zielger would be agreeable to the northern access as approved as part of the 1041 Hazard Review approval in 1996. This would require the Applicant to remove a portion of the violating driveway to bring it into compliance with the driveway approved in 1996. Staff spoke with the Applicant's attorney, Tom Hill, who indicated that he would need to confer with the Applicant. Mr. Hill indicated to staff that he would provide staff with an answer prior to the BOCC meeting. / Since no resolution of the driveway could be reached between the Applicant and the Zieglers, in staff s memorandum to the BOCC dated July 26, 2000, it was noted that the application should not be approved with the current alignment of the violating driveway. As noted by Bud Eylar, the current driveway does not meet county driveway standards. Staff recommended that the Applicant remove the violating driveway, regrade and revegetate the area to bring it back to its original condition. However, if the Applicant is agreeable to relocating the driveway to the northern location approved in 1996, then staff would support this relocation of the driveway. June 28, 2000: The Applicant requested that the application be continued until July 26, 2000, so that the Applicant could consider driveway alternatives. July 26, 2000: Staff prepared a memorandum to the BOCC, which was distributed to the commissioners. Prior to the meeting, the Applicant requested that the application be continued again so that the Applicant could consider staff s proposed driveway alternative, which was to remove, regrade and revegetate the driveway that was installed and pursue access from the north end of the property. August 2, 2000: Staff and Bud Eylar, met on site with the Applicant, Mr. O'Neal, and his representatives to discuss the driveway issue. Staff re-evaluated the location of the existing O'Neil/Josey Extension of Vested Rights August 9, 2000 driveway, the north driveway as addressed in staff s memorandum to the BOCC dated June 26, 2000 and the northern driveway alignment granted in 1996. / North Entrance: It is staff s opinion that the north entrance would contain an extremely tight radius that may not meet county standards. In addition, this location for access to the subject property is not preferable to the Applicant because of the sighting of the proposed residence on the property. / 1996 Approved Northern Entrance: It does not appear that the 1996 approved driveway alignment would solve the issue. This alignment, which is similar to the first approximately 30 feet of the driveway installed, would create additional vegetation disturbance and the grade could not meet county standards. It appeazs that the first 80 feet of the 1996 alignment would traverse over a greater amount of the Ziegler's property then the violating driveway. This driveway would more than likely not be approved under current standards. / Existing Driveway: Although this driveway has been installed without county permits, it was installed roughly in the same location of the driveway approved in 1996, except for approximately 30 feet from Dorias Way, and the last approximately ] 00 feet. The Applicant represented to staff during the site visit that he would like to maintain the road cut off of Dorias Way as it currently exists and bring it into compliance with county standards. This would minimize additional disturbance of the surrounding vegetation. The driveway would traverse approximately 60 feet of the Ziegler's property before entering into the subject property. The Applicant is agreeable to remove, regrade and revegetate the last approximately 100 feet of the driveway and the area around the test pit. The Applicant would also like to maintain an access along the southern portion of the property to access a meadow area. Staff would support a direct access off of Dorias Way along the property line. There currently is an old visible access point along the property line that needs to be improved If allowed, staff recommends that a plat note be included that states that this second driveway shall only be used for agricultural purposes. STAFF'S RECOMMENDATION: Staff recommends that the Applicant be allowed to maintain the existing driveway off of Dorias Way and that the Applicant remove, regrade and revegetate that last approximately ] 00 feet of the driveway and the area around the test pit to the satisfaction of the County Engineer. Staff also supports the Applicant's request to access the meadow area on the south end of the property by a direct access driveway off of Dorian Way. In addition, the Applicant should be allowed to amend the building envelope as requested and establish a development envelope for septic purposes only. Staff recommends that the Board pass the following motion, "to approve the O'Neil/Josey Reinstatement of Vested Rights and Minor Amendment To A Development Permit, subject to the condition; in the attached Resolution." ATTACHMENTS: A. Draft Resolution NOTE: A copy of the application and site plan were distributed at the BOCC meeting on June 14, 2000. Aside from the attached resolution, copies of staff's previous memorandums will not be provided with this memorandum. Copies of application, site plan and previous staff memorandums are in the Community Development Department. 'Ms. Pregl has a Maters in Urban Planning from the University of Wisconsin-Milwaukee. Ms. Pregl has been working with the Pitkin County Planning Department as a Plaoner for 2 & years. Memorandum To: Tamara Pregl From: Bud Eylar Date: 8/3/00 Re: O'Neil Site Visit Tamara, This is to follow up on yesterdays site visit and to confirm some of the proposals and understandings 1) After reviewing the north access in the field with the applicant, it appears that the access will not work for the development because of the layout of the building footprint. Also, the drive couldn't meet the requirements for fire access. 2) The access approved in the 1996 application would be more impactive than either of the two drives presently under consideration. It is likely that it would not be approved under current county land use regulations. 3) The applicant is proposing to bring the driveway that is in place now (the one constructed w/o a permit) into compliance with county access standards. It appears that this can be done within the template of the existing roadway. The applicant committed to provide information on the profile of the revised drive. If it meets county standards, and if an agreement is reached with the Zeiglers, then this access would be acceptable. The applicant shall be require to obtain a new access/driveway development permit 4) The applicant may request a second access to a meadow area of the lot. This area is intended for pasturing horses. It appears there is an old access to the area. The applicant should provide information on the existing drive and any proposed improvements. An access/driveway development permit would be required for any additional work in this area. 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' ~ //s,., / 1 . , .'/~ ' ' V I C I Y A[~~, ' ~ J, .~ ,y r..~' ~/ .~1 re .' 1CI I•~/; ~' / MEMORANDUM TO: Board of County Commissioners Regular Meeting -June 28, 2000 ~.e ~,.. c,tk- THRU: Cindy Houben, Community Development Director FROM: Tamara Pregl, Planner RE: O'Neil/Josey Reinstatement of Vested Rights and Minor Amendment To A Development Permit -Public Hearing continued from June 14, 2000 SUMMARY OF REQUEST: The Applicant is requesting that the Board continue this item to the July 26, 2000, BOCC regulaz meeting. APPLICANT(S): William O'Neil and June Josey REPRESENTATIVE: Jeff Bier LOCATION: The property is located approximately 2 miles north of Redstone adjacent to the Wild Rose Subdivision on Dorian Way. Access to Dorian Way is off of Highway 133 along the old Crystal River Railroad right-of--way. STAFF RECOMMENDATION: The BOCC should pass the following motion, "to continue the O'Neal/Josey Reinstatement of Vested Rights and Minor Amendment to a Development Permit until July 26, 2000." 'Ms. PreX]has n Maaesin Urlwn Plonningjrom Me Unlvelery of Wlswnsln-Hfilwonkee. Mr. Hegl hav bear wrnkmq with Pirkiu County asa Planner jut 2 F yeoer MEMORANDUM TO: Board of County Commissioners Regular Meeting -July 26, 2000 ~~~~ TIIRU: Cindy Houb~ ommunity Development Director FROM: Tamara Pregl, Planner RE: O'Neil/Josey Extension of Vested Rights and Minor Amendment To A Development Permit SUMMARY OF REQUEST: The Applicant is requesting the following approvals: Reinstatement of Vested Rights for a period of three years pursuant to Section 4-140-030 of the Land Use Code; Minor amendment to a development permit to expand the building envelope on the north end of the property by approximately 15 feet for the purpose of preserving a number of mature ponderosas and evergreens and to obtain better solar exposure; and Approval to add an approximately 1,800 square foot development envelope, north of the existing gully, for the purpose of a septic system. There will be no structures above ground within the development envelope. APPLICANT(S): William O'Neil and June Josey REPRESENTATIVE: Jeff Bier LOCATION: The property is located approximately 2 miles north of Redstone adjacent to the Wild Rose Subdivision on Dorais Way. Access to Dorias Way is off of Highway 133 along the old Crystal River Railroad right-of--way. ISSUES: This is a continued Public Hearing from the June 14, 2000, BOCC regular meeting. This application was continued by the BOCC to allow the Applicant and the adjacent property owners, Nicholas and Joan Ziegler, to work together with staff to resolve the issue of the driveway that was installed without county permits and that is in violation of the 1041 Hazard approval granted in 1996, which has expired. Staff met with the Zieglers and their daughter, Eddie Engstrom, the Applicant's representative, Jeff Bier, and attorney, Tom Hill, and Bud Eylar, County Engineer at the subject property on June 21, 2000, to address the issues of the driveway as directed by the BOCC. No resolution between the Applicant and the Ziegler's was reached. During the site visit, Mr. Eylar had indicated, and represented in his attached comments, that the violating driveway appears not to be in compliance with county standards for driveways. The portion of the driveway from Dorias Way exceeds 12% grade. Mr. Eylar has noted that a more direct access to the property, as asserted by Mr. Ziegler, further "down the road", at the north end of the property before the gully, would more than likely meet county standards and would be less impactive than the violating driveway. Mr. Eylar has indicated that if this northerly access can meet county standards, he recommends that the violating driveway be removed and restored to its original condition. O'Neil/Josey Extension of Ves'red Rights July 26, 2000 As noted in Mr. Thomas Hill's letter dated July 21, 2000, the issue of the driveway is a civil issue, between the Applicant and the Zieglers. Mr. Hill has indicated that "we propose that the approval be granted subject to O'Neal obtaining a permit, paying the double fee, providing a driveway profele, and rectifying any grade issues pertaining to same. " Mr. Hill has also noted that "we submit that the issue concerning the location of the driveway !s outside the purview of this application, as the location of the driveway was previously approved and the issue of whether that approval violates the terms and conditions of the easement is an issue for a court of law to resolve. Given that O'Neal clearly has the legal right to access his property, the location of the driveway is generally consistent with the site plan approved in 1996 review after proper notice to interested landowners, and the only dispute concerns the location of the driveway within the easement, this item should not be considered as part of the 1041 Hazard Review. " Staff does not dispute that the Applicant has legal access to their property, however, staff does not agree with Mr. Hill determination that the issue concerning the location of the driveway is outside the purview of this application and that the location of the driveway (which is discretionary) should not be considered as part of the 1041 Hazard Review. The Applicant currently does not have a valid 1041 Hazard Review approval. The 1041 Hazard Review approval for this property expired March 15, 1999. An extension of vested or reinstatement of vested rights is similar to a new 1041 Hazard Review and approval is subject to revised conditions or site design. There is no assurance that what was approved in 1996, will be or should be approved today. The Applicant does have the right to submit for an access permit without a valid 1041 Hazard Review approval, however, this would trigger the need for a valid 1041 approval of the access. An extension of vested rights request allows the County the ability to review all aspects of the application, including access to the property, for consistency with the Land Use Code and other County regulations. In addition, an extension of vested rights, like 1041 Hazard Reviews, is subject to a public hearing so that the general public has the right to voice their concerns regarding the proposed development. In this case, the Zieglers have opposed the location of the existing driveway that was installed last year. The driveway was installed without County permits and is not in compliance with the expired 1041 Hazard review granted in 1996. In addition, the Applicant has not provided any form of resolution with the Zieglers with respect to the road as directed by the BOCC. Staff has spoken to Mr. Zielger with regard to a resolution of the access issue. It is staff's understanding that Mr. Zielger would be agreeable to the northern access as approved as part of the 1041 Hazard Review approval in 1996. This would require the Applicant to remove a portion of the violating driveway to bring it into compliance with the driveway approved in 1996. Staff has spoken with the Applicant's attorney, Tom Hill, who indicated that he would need to confer with the Applicant. Mr. Hill has indicated to staff that he will provide staff with an answer prior to the BOCC meeting. It is staff's opinion that this application should not be approved with the current alignment of the violating driveway. As noted by Bud Eylar, the current driveway does not meet county driveway standards. Staff recommends that the Applicant remove the violating driveway, regrade and revegetate the area to bring it back to its original condition. However, if the Applicant is agreeable to relocating the driveway to the northern location approved in 1996, than staff would support this relocation of the driveway. O'Neil/Josey Extension of Ve ed Rights July 26, 2000 RECOMMENDATION: Approval of this application should be conditioned on the Applicant removing, regarding and revegetating the violating driveway to county standards and relocating the driveway to the north end of the property, south of the gully. The northerly access, as recommended by staff, would allow direct access to the area the applicant is proposing to develop. In addition, no parking of any vehicles should occur on the Ziegler's property. Any form ofturn-around for the subject property should occur on the subject property and not on the Ziegler's property. In addition, the Applicant should be allowed to amend the building envelope as requested and establish a development envelope for septic purposes only. ATTACHMENTS: A. Draft Resolution B. County Engineer comments C. Letter from Thomas Hill dated July 12, 2000 D. Letter from Nicholas Ziegler E. Staff memorandum to the BOCC dated June 14, 2000 NOTE: A copy of the application and site plan were distributed at the BOCC meeting on June 14, 2000. Aside from the attachments to this memorandum, additional copies of the application will not be provided with this memorandum. Copies of these documents are in the Community Development Department. 'Ms. Yreg/ Iws a Martns n, UrA,m PlmrrrlrrgJrom the lh,ivenriry nJWLmorubnHBlwm,kee. Ms. Prcgl har Deer, workng wl~h PIMn Cmmry oa aY/rmnerJnr2 % yrmrr. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE REINSTATEMENT OF VESTED REAL PROPERTY RIGHTS AND A MINOR AMENDMENT TO A DEVELOPMENT PERMIT TO WILLIAM O'NEAL AND JUNE JOSEY Resolution No. - 2000 RECITALS 1. William D. O'Neal and June J. Josey ("Applicant") have applied to the Pitkin County Board of County Commissioners ("BOCC") to consider an extension of vested real property rights pursuant to Section 4-140-030 of the Land Use Code and a minor amendment to a development permit to amend the previously approved building envelope and establish a development envelope. 2. The property is located north of Redstone off of Dorias Way, and is more specifically described in the attached Exhibit "A:' 3. The property is zoned AFR-2 and contains approximately 3.78 acres. 4. The BOCC heard this application at a duly noticed public hearing on June 14, 2000, at which time evidence and testimony were presented with respect to this application. The BOCC continued fiis application and directed staff to work with the Applicant and the adjacent property owner with respect to an access~ssue. 5. The BOCC heard this application at a regular meeting on July 26, 2000, at which time additional information was provided with respect to access to the property. 6. The BOCC has determined that the proposed development meets the criteria established in Section 4-140-030 of the Land Use Code, however, the BOCC has determined that the Applicant's request is in fact a reinstatement of vested property rights and shall be noted as such. The BOCC has found that the reinstatement of vested property rights is appropriate and the request for an extension is considered effectively a request for reinstatement. 7. The BOCC has determined that the amendment to the building envelope and the establishment of a development envelope meets the standards established in Section 3200-080 of the Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant a reinstatement of vested property rights to the O'Neal/Josey property and a minor amendment to a development permit, subject to the following conditions which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application and in the public meetings. 2. The conditions of this resolution replace all conditions of approval established in Dodds Conceptual Submission approval granted on March 14, 1996. Resolution No. - 2000 ~'"' Page 2 3. Prior to submittal of any building permit applications, the Applicant shall record a 24 x 36 inch mylar 1041 Hazard Review Site Plan in accordance to Section 5-70-040 of the Land Use Code. The site plan shall also be submitted in a digital format fQ integration into the County Geographic Information System (GIS). The face of the plat shall include the following: A. The building envelope shall be extended 15 feet to the north of the originally approved building envelope. B. The development envelope for the septic system shall be identified on the site plan as "Development Envelope for Septic purposes only." Topography, in 2' contours, shall be delineated within the development envelope. Any slopes of 30% or greater shall be eliminated. C. The access point servicing the southern portion of the property shall be eliminated. D. Access to the property shall be located at the north end of the property, south of the existing gully as approved by the BOCC. Access should be from Dorias Way to the subject property in the most direct manner. 4. Lighting shall comply with the Pitkin County lighting standards at the time of installation. 5. The Applicant shall comply with the following wildlife mitigation measures: a. Fencing shall comply with the Pitkin County fencng requirements at the time of installation. b. All garbage/trash shall be kept within bear-proof garbage containers. c. Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in the area. d. If horses are kept, all hay shall be fenced with 8' game proof fencing at owner's expense. e. Native vegetation shall not be disturbed outside the building envelope, except as required for the implementation wildfire mitigation measures. £ Development shall be prohibited within the Riparian Areas of the property with the exception that bridges, roads, utility crossings and other structures such as irrigation devices may be permitted upon a finding that there is no feasible alternative location and that any impacts will be adequately mitigated. g. There shall be a limit of one dog on the property. If a dog is to reside on the property, a kennel shall be constructed prior to the issuance of a Certificate of Occupancy. h. Weeds shall be controlled on the property per the 1999 Pitkin County Weed Management Plan. 6. Wildfire mitigation shall be as follows: Defensible Space: Resolution No. - 2000 Page 3 A. The area around the structure shall incorporate landscaping with wildfire defensible space considerations as follows: NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions. 1. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10-15 foot perimeter around all structures. Vegetation in this area shall be at 6" or less (i.e. mowed grass, low-growing perennials). No vegetation taller than 6" shall be planted in this area. 2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around a structure built on flat ground. 3. Spacing and thinning of existing vegetation within 70 feet in every direction around all structures shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and removal of ladder fuels from around trees and brush. 5. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the edges of the crowns. This does not apply to mature stands of Aspen trees where the above recommendation for removal of ladder fuels have been compiled with. In areas of aspen regeneration, the spacing guidelines shall be followed. 6. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 7. The density of fuel within a 100 foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 8. All deadfall within the 125 foot perimeter shall be removed. 9. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. Structural Design and Construction Requirements: A. Roof shall have a Class A, non-combustible roof system. Wood shake/shingle roof covering and flat roofs (up to a 3:12 pitch) are prohibited in all wildfire hazard areas. B. All vents shall be screened with corrosive resistant wire mesh of one quarter inch maximum. Maintenance: A. Roofs and gutters shall be kept clear of debris. Resolution No. - 2000 ~' Page 4 B. Yards shat] be kept clear of all litter, slash, and flammable debris. C. All flammable materials (i.e. firewood) shall be prohibited. Miscellaneous: A. Swimming pools shall be accessible to Fire Department vehicles. B. Fences shall be kept clear of brush and debris. C. Wood fences shall not be connected to the structure. D. Fuel tanks shall be installed underground with an approved container. E. Each structure shall have a minimum of one 10 Ib. ABC fire extinguisher. F. Addresses shall be clearly marked and visible with minimum 2" notrcombustible letters and shall be clearly visible at the primary point of access from the public or common access road and installed on anon-combustible post. G. Any outbuildings or additional buildings shall adhere to the same standards as structures. Utilities: A. Utility lines shall be buried. 7. Prior to the submittal of a building permit, the Applicant shall obtain a septic permit from the Environmental Health Department. All sewage disposal systems must be designed by a registered professional engineer. Sewage disposal system shall be located within the approved development envelope. 8. Prior to the submittal 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. The well site shall be located within the approved building envelope. 9. No development, including grading, landscaping (including berming) and vegetation removal or disturbance shall occur outside of the designated building envelope and development envelopes, except for utility and driveway extension and maintenance, and as may be necessary to implement the wildfire mitigation measures required elsewhere in this document. 10. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion. 11. A fireplace/woodstove application must be filed and approved by the Community Development Department prior to the issuance of a building permit (if necessary). Resolution No. - 2000 Page 5 12. Prior to the submittal of any building permits, the Applicant shall form and/or join a Road Improvements District or Association for Dorais Way which provides a timetable for and level of road improvements meeting the approval of the County Engineer and Carbondale & Rural Fire Protection District. An option is for the Applicant to provide pull-outs and turn-arounds meeting the approval of the Fire District prior to the issuance of any building permits. 13. Prior to the submittal of any building permit applications, the Applicant shall removed, regrade and revegetate the driveway that was installed illegally to its original condition. A Regrade/Revegetation Plan shall be submitted for review and approval of the County Engineer and Land Management Department. 14. Prior to the submittal of any building permit applications, the Applicant shall submit an access permit for review and approval by the County Engineer. The Applicant shall pay double fees on the Access Permit. The driveway shall comply with County driveway standards at the time of issuance of an access permit. 15. The Applicant shall submit a Drainage and Erosion control plan to the County Engineer for review and approval, prior to submittal of any building permit applications. 16. The Applicant shall comply with all codes and requirements of the Carbondale & Rural Fire Protection District. 17. All development must comply with the provisions of the Pitkin County's Noxious Weed Management Plan. 18. Development of 30 inches above or below grade within the required setback requires approval of a variance by the Board of Adjustment. 19. The building and development envelopes are located within the required 50 foot front yard setback. Any structures within the setback will require approval from the Board of Adjustment. 20. In accordance with Ordinance No. 2000-02B, this approval shall permit a maximum of 5,570 square feet of floor area (all inclusive) as defined by the 1997 Uniform Building Code. 21. Pursuant to Ordinance No. 022-2000, the Applicant is subject to the Fair Share Requirements and shall pay a road impact fee as calculated at the time of building permit issuance. 22. For any free market residential structure of 5,000 gross square feet or greater, the Applicants shall comply with Section 4.01.01(B) of the Pitkin County Road Management and Maintenance Plan, which requires the Applicants 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. 23. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.5., § 24-68-105. The statutory vested rights granted herein shall expire on July 26, 2003. Resolution No. - 2000 Page 6 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 13TH DAY OF MAY, 2000. APPROVED AND ADOPTED ON THE 26TH DAY OF JULY, 2000. VESTED RIGHT NOTICE PUBLISHED ON THE DAY OF , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY. COLORADO Lyndee R. Dean Clerk to the Board APPROVED AS TO FORM: John Ely, County Attorney Shellie Roy Harper, Chair Date: APPROVED AS TO CONTENT: ~~ ~µ Cind Houben, -f~w~iA Community Development Director Case #24-00 272909200007 Bud Eylaz, 08:28 AM 7/18/00 -0500, RE: O'Neal/Josey From: Bud Eylaz <bude@ci.aspen.co.us> Reply-To: "bude@co.pitkin.co.us" <bude@ci.aspen.co.us> To: "'Tamara Pregl"' <tamazap@ci.aspen.co.us> Subject: RE: O'Neal/Josey Date: Tue, 18 Jul 2000 08:28:05 -0500 Organization: Pitkin County Public Works X-Mailer: Microsoft Internet E-mail/MAPI - 8.0.0.4211 Tamaza, I have the following comments on our site visit. 1) The existing driveway constructed by Pfeffer for O'Neal /Josey appears that it does not meet county standards for driveways. The angle that the drive exists from the existing road is severe. The drive also appears to exceed our 12% maximum. Since the installation was done without a permit, I assume the contractor didn't know what the county standards were or didn't bother to check. 2) There is a dispute about the utilization of the rail/or road easement along the Ziegler's property. It is unlikely we would have issued a permit for this access until the dispute was solved. At this point, we have not received any information on the design of the drive or the status of the disputed right of way. 3) It does appeaz that there is a possible location for a drive that would meet county standards at the lower end of the existing road. We had asked for some preliminazy design information of this location but to date have received nothing. If this location can be used and meet county standards, I would recommend that the first drive be removed and restored to its original condition. JUL. 12.2000 11~01RM HILL EDWRRDS N0.483 P.2 Lnw orrrcHS ~ ~ 1 ~ ~" `"~~ ~'~'~ (~G'l-4 C~ HII.,L, EDWRRDS, EDWRRDS & ADKISON, L.L.C. CENIENNW,PLAZA HU4DMG J01 MAI[Q STREET, EUfIE 101 CARHONDRLE, COLORADO 81673 rIIOMAS G 787.E JG57,YHE7>OWARDS,JR.P.C. TnfTFlONE JOSEPH E EDWRRDS ID (97e)963-3900 , 'IIIONA9 L.ADIOSON ~ rACS15fIL7t (970) 96.7131 July 12, 2000 Via Facsimile 970.920.5439 Tamara Preg] Aspen/Pitlcin Community Development 130 South Galena Street Aspen, Colorado 81611 RE: William b. O'Neal sud June J. Josey .Extension of Vested Rights Dear Tamara. I represent Bill O'Neal and June Josey (collectively "O'Neal") regarding their Application for Extension of Vested Property Rights. As you may recall, I was present at the site visit on June 21, 2000, which you also attended, and the parties were unable to compromise their differences regazding the location of the access driveway to the O'Neal property. It is my understanding that O'Neal's application is ready for approval subject to resolution of the concerns raised by the Ziaglers challenging the location of the driveway. I believe that the Zieglers concede O'Neal does have legal access to the subject property by virtue ofthe dedication of the Crystal River Railroad right of way as part of the subdivision process for Wild Bose Subdivision which was approved in the eazly 1980s. The dispute seems to be limited to the precise location of the O'Neal driveway within the easement. In reviewing your Memorandum of June 14, 2000, you note that the driveway was installed generally in conformity with the site plan approved in 1996. Specifically, the access point of the existing driveway is consistent with the northern access point depicted on the sift plan. The balance Of the driveway, based upon your information, does not precisely coincide with the site plan but is generally consistent, Also, we recognize that the driveway was constructed without apermit, which will be recti$ed. (Under separate cover, I am submitting a driveway profile and the double permit fee to rectify this concem,) Concerning the 1996 review, presugtably the predecessors in ownership to the Zieglers received notice of this review and were given opportunity to challenge the location of the driveway. (Nicholas Ziegler states in his letter to you of June 1, 2000, that they purchased their property including the property which is burdened by the easement in 1998). The Zieglers purchased the property subject to the site plan which was adopted is the 1996 review. SUL.12.2000 11~01RM HILL EDWRRDS N0.4E33 P.3 Tamara P1cg1 July 12, 2000 Page 2 We submit that the issue concerning the location of the driveway is outside the purview of ~ this application, as the location of the driveway was previously approved and the issue of whether that approval violates the terms and conditions of the easement is an issue for a court of law to resolve. Given that O'Neal clearly has the legal right to access bis property, the location of the driveway is generally consistent with the site plan approved is the 1996 review after proper notice to interested landowners, and the only dispute concerns the location of the driveway within the easemem, this item should not be considered aas part of the 1 D41 llazard Review. If the Ziegler believe that their position has merit, then they can challenge the matter in court and seek mandatory injunctive relief requiring rho removal and relocation of the driveway, I think we can agree that the damage to the property as alleged by the Zieglets is seriously overstated. Also, we should keep in mind that there was an existing road in the same location as the O'Neal driveway when the Zieglers putt:hased the property. The site plan approved in 1996 followed the then-existing road. Obviously, the Zieglers purchased their property subject to whatever lights may have been acquired or lost by virtue of this existing road. For example, an expansion of the easement may have occurred, as this road has bear in existence for approximately 50 years based upon the information compiled by Jet~'Bier. Thus, there aze numerous legal issues surrounding this dispute which only a court of law should resolve. As an aside, the Zieglers offered to sell the disputed area where the driveway is located to O'Neal for $85,000.00, which was summarily rejected by O'Neal as outrageous. Then, the Zieglers resorted to intervening in the 1041 process. Additionally, I am providing a copy of an Affidavit of Jessie J. McKinney which is on file in the Wild Rose Ranch Subdivision file. You will note that the affiant states that the railroad grade was used since 1950 for access purposes to their respective properties. Also, if you refer to dedications connected to the Wild Rose Ranch Subdivision, you will note that the Crystal River Railroad right of way and easements are dedicated to the public for public use plus a reservation of a trail easement also for public use. Utility easements are also included. Obviously, there was no intention that the subject right of way would be used exclusively by private parties. The Zieglers are asking the county to impose restrictions on O'Neal which arc inconsistent with the spirit and intent of the historical documents that clearly demonstrate an easement for public grad private uses to be construed liberally. My point is that the County should not make demands upon O'Neal which are not necessary to the 1041 process, arc not required by the historical documents, and which maybe unreasonable based upon what a court may do with this easement issue. We propose that the approval be granted subject to O'Neal obtaining a pernrit, paying the double fee, providing a driveway profile, and rectifying aqy grade issues pertaining to same. I note that most of the 1041 matters were covered in the 1996 review and the supplemental matters appear to be acceptable to O'Neal. SUL.12.2000 11~02RM HILL EDWFlRDS N0.483 P.4 Tamara Prcgl rnly ia, 2000 Page 3 Please contact 1rie if you have any questions regarding our position. tch/t o'neQllpropJ.1 fkUri c w Buell C.. // n `.C-' STATE OF COLORADO ) sa COUNTY OP GARYIELD ) AFFIDAVIT Jul. 10 2000 03: 32FM P2 I, •TBSSIL J. MC RINNEY, upon my oath, dispose and sayx 1. Tliat my wife and I acquired 160 acres on the Crystal River in May o! 1950 and have lived on said, property since that time. Tha legal daeeription of said property is as followse Township 10 South Renee B8 West of the Sixth P M Section 4: SE~SWk Section 19e NW}NWT, NEhNW} and the 6WkNWld 2. That the Crystal Aivar crosses said property as wall as Stake Aighway NO. 133. 3. That for many ~yeare the Crystal River and SaA Juan Aeilmad~ crossed the property, but it ie my understanding that this railroad was abandoned during the second World War. I was acquainted with the property Pot severnl years before I bought it and of my own knowledge the railroad was not active through this property since 19d3. 9. That alter acquiring the pro art ~ ~ numerota treats and the Crystal RiverpandyS aneJuaniRailzoadlgrade lying easterly of the crystal River was used as access to several of, the tracts o! land that we sold. 5. That the railroad grade travels southerly Prom our property and immediately adjacent to the crystal River for about 1700 feet to the brldga across the Crystal giver on the north end o! the townsite beoneuaedn£or access apurpoaesstoatheovarlousetractcethatdwe have sold. 6. I know of my own knowledge that since May of 1950, said rail- road grade has been used continuously by my vita and I end various other owners of tracts of land !ox access purposes. some of the owners and the approximate date they acgui$ed the tracts and commenced using the railroad grade for aceeae purposes can he summarized es follows: Glenda Menonald Jura 1952 Kay Stephan Oct. 1969 Uriah McClean July 1, 1952 Jess Nugent . 1970 Haynes - McFarlan - Durias 1977 Harold Jeancon 1963 Hill King 1572 Katharine Towel 197d Barbara Levine 1968 Harold bla]cewell 1976 Adam Zamora 1979 Ralph Robinson 1969 W.C. Moore June 1965 Kenneth Collins tlet 1969 Gerald Kelley 1972 L. Jones 1966 Ross Johnson 1959 Robert AdXina 1969 Robert McAbery 1969 Robert Getter 1969 Weber and Olsen .% 1973 Robert Realer 1976 taountain states Telephone and Telegraph Co. and Roly cross Electric Association also have used the right-of-way for maintaining their lines for at lenst the lest 26 years. 7. The railroad grade of tar it loaves our property CY095e6 practically due south trough the W1~SWk of s}iA ~~--~...., ~n ... _ PHONE N0, 970 963 4567 ., .~ c, Jl ', py' _' ~RLIM e w dwell PHONE N0. 970 963 4597 Sul. 10 2~ 93:33PM P3 I ' least the county does not maintain it. I i B. The railroa8 right-o£-way was originally 100 Eeet in width. ~ Not to exceed 60 feet is actually utilized for mad purposes. ~. 9. Uriah McClean at one time ~'~owned a 6ilver mine Haar the old ' i '~ Hot Spzinga northerly of my props;@y. He brought all o£ hie silver ore Eram his mina through my propeity and through the federal land to - the north Redstone bridge, as ebove described. This was in the years 1952 and 1953. i 10. That the owners of said tracts, as above enumerated, have Hoe only used said righC-oP-way, but it has been used by construction I . workers, propane suppliers and anyohe that had any business w}th any of the lot owners. ' FURTAER AFFIANT SAYETA NOT. ~ ~ %5' ~ ' easie Mex nney - The foregoing instrument was acknowledged before me this ' r,~.'P day o! August, A.p. 1977, by JassieJ. Mcxityney. Witness my hand and official seal. My commission expires: Notary Publ c Sul 20,2000 09~45RM FRDM TD 9205439 P.01 f~t IG~~-~'~ 1~~~~-~'.~ LANCE CLARKS Aspen/Pitkin Community Development 130 S. Galena St. Aspen, CO 8161 t Re: O'Neal/Josey -Extension of Vested Rights Dear Lance: OVERVIEW July 19, 2000 Dodd's1041 expired in March, 1999. O'Neal bought Dodd's property In June, 1999 (3 months after expiration). O'Neal authorized trespass to Ziegler property, Nov. 1999 - No permit from County or authorization from Ziegler. Bulldozed drive 135 feet past entry point to O'Neal property (as shown on explretl 1041). Confirmed by Sid Linoicome, Surveyor 963-3852. Followed no existing road. "There was no existing road, at best a trail leading nowhere" as stated by Sid Llncicome, surveyor who platted the original expired 1041. led for One year after Dodd's 1041 expired, O'Neal on Feb.23, 2000, appl' an extension of vested rights, asking for additional allowances, O'Neal's agents, using heavy earth movers, trespassed over another portion of Ziegler's property to excavate a percolation hole 13' deep and 30' across, mostly on Zlegler's property - an invalid test by any stretch. Damage to Ziegler's property was not overstated. Driveway is not in a place previously aproved. There Is no historical Information compiled by Jeff bier of any value. Ziegler entered into the process in November, 1999. Ziegler's offer to sell 745 Feet (not just the disputed area) followed Mr. Bier's urging that he sell to abutting property land owners at $65,000 an acre (This occurred outside the Commissioners meeting room after the June meeting). There are no "Historical" documents validating lost deeds or old roads. SUMMATION The drive was put in to obtain an advantage not available through the legal process. I have attempted to follow the Commissioners' urging to find a settlement. Planning will confirm that I have made three suggested solutions. Jul 20 2000 09~46RM FROM TO 9205439 P.02 An easement for ingress and egress doesn't mean cul de sacs or turning areas or percolation craters on someone else's property. I have retrained from discussing other issues regarding this situation that I found personally ofiensiva. I would not have done this to the O'Neals, yet I am hopeful still that we can be good neighbors. Sincerely, Nicholas J. Ziegler TOTRL P.02 MEMORANDUM TO: Board of County Commissioners Regular Meeting~~,-~~~~June 14, 2000 TFiItU: Cindy Houb~CCommunity Development Director FROM: Tamara Pregl, Planner RE: O'Neil/Josey Extension of Vested Rights and Minor Amendment To A Development Permit SUMMARY OF REQUEST: The Applicant is requesting an Extension of Vested Rights for a period of three years pursuant to Section 4-140-030 of the Land Use Code. Technically the request is for a reinstatement of vested rights, as the vested right has already expired. In addition, the Applicant is requesting a minor amendment to a development permit to expand the building envelope on the north end of the property by approximately 15 feet for the purpose of preserving a number of mature ponderosas and evergreens and to obtain better solar exposure. Although the building envelope, approved in 1996, extends along the property line and the top of the bank of the Crystal River, the Applicant is proposing to construct the primary residence on the north end of the property. It was recommended by Vince Urbina of the Colorado Forest Service that any construction activity around the mature trees shall be avoided because it may sever the roots and compact the soil. Stressed pines attract destructive insects. In addition, the applicant is requesting an approximately 1,800 square foot development envelope, north of the existing gully, for the purpose of a septic system. There will be no structures above ground within the development envelope. APPLICANT(S): William O'Neil and June Josey REPRESENTATIVE: Jeff Bier LOCATION: The property is located approximately 2 miles north of Redstone adjacent to the Wild Rose Subdivision on Dorais Way. Access to Dorias Way is off of Highway 133 along the old Crystal River Railroad right-of--way. ZONING/LOT SIZE: AFR-2; approximately 3.78 acres REFERRAL COMMENTS: Referral agency comments are incorporated throughout this memorandum, and are attached for reference. Referrals were not received from the Crystal River Caucus. BACKGROUND/EXISTING CONDITIONS: The property received Conceptual Submission approval from the Pitkin County Hearing Officer on March 14, 1996 (Dodds). The 1041 site plan was recorded in Book 39, Page 41. The Dodds Conceptual Submission application was reviewed under the 1994 Land Use Code, therefore, the majority of the conditions that were imposed have remained the same with some modiFcations. O'Neil/Josey Extension of ~Eed Rights June 14, 2000 :• Outstanding Violations: As part of the Conceptual Submission approval granted in 1996, two access points to the subject property where granted and delineated on the recorded site plan. One access point was proposed to service the southern portion of the property and the other access point was proposed to service the northern portion of the property. Last fall, the Applicant installed a driveway without permits to service the north end of the property. Staff was notified by the owners of the adjacent property (Ziegler/Engstrom) in April of the installation of the driveway by the Applicant. The Ziegler's also own the portion of the old rail road (Dorias Way) that borders the subject property. The complaint was based on the driveway being installed parallel to Dorias Way for about 100 feet on the Ziegler's property and not installed directly from Dorias Way to the subject property in the shortest possible location. A letter has been received by the Community Development Department from the Ziegler's regarding their disapproval of the driveway that was installed (attached). A notice of violation was issued to the property owner on May 15, 2000 as a result of a complaint. Upon a site visit on May 25, staff determined that the driveway that had been installed is relatively in the same location as the northern access point depicted on the site plan recorded in Book 39 at Page 41, however, an approximately 100 foot segment of the driveway from the property line into the building envelope has been modified. This segment of the driveway parallels the property line for about 100 feet instead of accessing the property directly. Although the driveway was installed without any County permits, staff is of the opinion that since the driveway was installed in roughly the location as represented on the site plan recorded in 1996, that the driveway should remain instead of being removed and relocated which will cause additional disturbance. However, the Ziegler's have indicated in their letter that the Applicant did not contact them when the driveway was installed and the existing driveway has caused significant damage to their property. As indicated on the deed for the subject property, the Applicant does have legal access to the property as represented on the deed of the property. The deed states the following: "together with an easement or right of way over and across the existing roadway as established along the old railroad grade for purposes of ingress and egress to said property. " Although this language is somewhat discretionary, there is visibly an existing roadway on the subject property that parallels Dorias Way. The Applicant maintains that the driveway that they installed is along this easement. The Applicant's representative has indicated to staff that the Applicant would like to maintain the driveway as installed. The Applicant has had no contact with the Ziegler's regarding the driveway matter and has asserted that this is a civil issue. Staff does agree that the driveway matter is a civil issue between neighbors, however, the driveway was installed without County permits and not entirely in the location as represented on the site plan recorded in Book 39 at Page 41, therefore, the County does have the authority to have the Applicant move the driveway as seen appropriate. The Applicant will need to submit a complete Access Permit application and pay double fees for the existing driveway or any driveway that is approved through this application by the County. According to 7-20-030(D)(3), Development Without a Permit, "no land use approval or building permits shall be issued for any other property under the ownership or control of the same person, firm, corporation, or other entity responsible for the violation on the property where such violation is believed to exist, during the period of such violation. " Staff is of the opinion that this application should not be continued, tabled or denied because of the installation of the driveway. As indicated previously in the memorandum, the driveway was installed roughly in the location identified in the site plan approved in 1996. Staff feels that the Applicant shall pay O'Neil/Josey Extension of V'~ed Rights June 14, 2000 double fees for the Access Permit and shall rerecord a site plan delineating the exact location of the driveway that was installed. In addition, the access point which was proposed in 1996 to service the southern portion of the building envelope shall be removed. The Applicant is not allowed, according to the deed of the property, two access points off a Dorias Way. If the Applicant needs to access the southern portion of the building envelope they shall do so within the building envelope. :• 1041 Hazard and Conceptual Submission Most of the 1041 Hazard Review and Conceptual Submission items were addressed during the 1996 review of this property (attached). The following is supplemental information: Fire: Bill Gavette of the Cazbondale & Rural Fire Protection District has noted in his comments that considering the increase use of Dorais Way, some improvements to the road for fire safety are needed. These improvements included some widening, turnouts and turnarounds. In looking over some of the 1041 Hazard Review approvals granted along Dorais Way, no Road Improvement District or Association has been established or has been required to be established for Dorais Way. There currently is a Road Improvement District/Association begin established for the approximately five lots along an unnamed road which splits off of Dorms Way. This Road Improvement District/Association is being formed because of the poor condition of the existing road and because the 1041 resolutions of approval for Berry, Sakson and Burgess, which state that prior to the submittal of any building permits for the property, the property owners shall form and/or join a Road Improvements District or Association. Staff feels that all future approvals, along with approval of this application shall require the establishment and participation of a Road Improvement District or Association. Wildfire: Vince Urbina of the Colorado State Forest Service has reviewed the application and rated the wildfire hazard on the property as medium due to the woody vegetation (spruce, ponderosa, and chokecherry) on site. Mr. Urbina has noted that Dorais Way is not the best for emergency services and egress for homeowners. Mr. Urbina has offered a number of wildfire hazard mitigation measures which have been included as conditions of approval. Wildlife: Jonathan Lowsky, County Wildlife Biologist, has reviewed the application and has indicated the property lies within mapped elk winter range. Mr. Lowsky has noted that the development of the surrounding properties has greatly reduced its value as elk winter habitat. The property does contain important riparian habitat, however, the riparian habitat is located adjacent to the Crystal River and not affected by the building envelope. Mr. Lowsky has offered a number of wildlife mitigation measures which shall be included as conditions of approval. Kevin Wright of the Colorado Division of Wildlife had offered a number of wildlife mitigation measures during the original 1041 Hazard Review conducted in 1996. Mr. Wright's recommendations have been integrated with Mr. Lowsky's recommendations. ANALYSIS OF PROPOSAL ExTENSION OF VESTED RIGHTS: The following is a review and analysis of the proposal relative to the applicable standazds of Section 4-140-030 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: O'Neil/Josey Extension of Vested Rights June 14, 2000 1. 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 as part the initial 1041 approval which required performance prior to the date of application for extension of vested rights. 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 and the vested right to the approval expired over a year ago (March 14, 1999). As addressed previously in the memorandum, the Applicant did install a driveway without any County permits. 3. The nature and extend 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 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 Applicant would be served 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. MINOR AMENDMENT TO A DEVELOPMENT PERMIT: A minor amendment to any development permit is intended to change an element or condition of a development permit subject to compliance with the standards in Section 3-200-080 of the Land Use Code. These standards require that: 1. The amendment must be a clamcation or a technical correction to a plat Response: The amendment is not a clarification or a technical correction to a plat. The applicant has asserted that proposed expansion of the building envelope, 15 feet to the north, is for the purpose of preserving a number of mature ponderosas and evergreens and to obtain better solar exposure. Moving the building envelope 15 feet to the north would move the building envelope closer to an existing gully. An analysis of moving the building envelop closer to the gully was conducted by Hepworth-Pawlak Geotechnical, Inc.. In sum, it was determined that moving the building envelope closer to the edge of the gully will not increase the risk of flooding, debris flow or slope instability. The Applicant is also requesting an approximately 1,800 square foot development envelope for the purpose of a septic system. The area chosen for the septic system is clear and flat. The southern portion of the building O'NeiUJosey Extension of V~fed Rights June 14, 2000 envelope is heavily vegetated with some very mature ponderosas and evergreens. The Applicant would prefer not to disturb this vegetation for the purpose of a septic system. Since the gully appears not to be a current drainage path for concentrated runoff from the area above the existing access road, installation of some kind of pipe connection between the proposed building site and proposed septic system should be acceptable. As little disturbance of the gully should occur during the installation of the pipe connection. 2. The amendment must not change the use of the proposed development between residential, commercial, and tourist accommodation uses. Response: The applicant is not requesting a change in use. 3. The amendment must be consistent with action taken during the review of the original development and does not constitute a new land development activity. Response: The initial 1041 Hazard Review for the subject property established a building envelope for the construction of asingle-family residence and customary accessory structures. The amendment is consistent with action taken during the original review. The amendment does not constitute a new land development activity on the property. 9. The proposed activity does not: I. Change the basic character of the approved use of land on which the activity occurs including basic visual appearance and method of operation; 2. Increase off-site impacts in the surrounding neighborhood; 3. Endanger the public health, safety or welfare; 4. Violate any Land Use Code Standard; S. Substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and 6. Increase the floor area of the use by more than two (2) percent or decrease the open space on the site by more than three (3) percent. Response: There is no change to character or use or increased of off-site, impacts. The proposed building envelope expansion and the proposed development envelope, tries to preserve and retain as much of the vegetation on site as possible. The request does not have negative impacts to public health, safety or welfare. The proposed expansion of the building envelope does not violate any Land Use Code standards. The amendment does not increase the need for parking, utilities or affordable housing generation, nor does it increase floor area. RECOMMENDATION: Staff recommends that the BOCC adopt the following motion, `to approve the O'Neil/Josey Reinstatement of Vested Rights for a period of three years and to approve a minor amendment to a development permit to amend the building envelope and establish a development envelope, subject to compliance with the conditions of the attached Resolution." ATTACHMENTS: A. Draft Resolution B. County Wildlife Biologist C. Colorado Division of Wildlife O'Neil/Josey Extension of V ed Rights June 14, 2000 D. Colorado State Forest Service E. Zoning F. Carbondale & Rural Fire Protection District G. March 14, 1996 Dodds Conceptual Submission approval H. Legal Description I. Letter of Violation and Letter from Applicant J. Vicinity Map K. Letter of opposition from the Zielger's The application and site plan have been attached separately •M.O. Preg/hasa Masins in OrAm~Plmmlugfrum ~Ix~OrdverelN ~l Wiewn.rin-Alilum~kee Mr. Yrcgl h¢v Deai wrnL9ng wOh Pipin Cnurny use Y/~.m¢rJ lslem.~~. ~''~ci~ ~~f ~ PITKIN COUNTY WILDLIFE MANAGEMENT MEMORANDUM TO: Tamara Pregl, Pitkin County Community Development FROM: Jonathan Lowsky, Pitkin County Wildlife Biologist SUBJECT: O'Neal/Josey Extension of vested rights DATE: 5/31/00 Although the O'Neal/Josey properly lies within mapped elk winter range, the development of the surrounding properties has greatly reduced its value as elk winter habitat. The property does, however, contain important riparian habitat. Given the above, the following conditions should be applied to minimize impacts to wildlife: 1. Dogs should be kenneled on the property as per §3-80.80(E)(2) of the Pitkin County Land Use Code. 2. Development should be prohibited within Riparian Areas with the exception that bridges, roads, utility crossings and other structures such as irrigation devices may be permitted upon a finding that there is no feasible alternative location and that any impacts will be adequately mitigated (§3-80.80(G). 3. Fencing outside the building envelope must comply with §3-80.80(A)(10) and §3-80.80(A)(11) of the Pitkin County Land Use Code. 4. Native vegetation must be maintained outside the building envelope as per Section 3-80.80(A)(3) of the Pitkin County Land Use Code. In addition, native vegetation must be maintained within the building envelope to the maximum extent possible. 5. Installation and use of approved bear-proof trash containers should be requiredt. 6. Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in this area. to bearprooftrash containermust be afully enclosed, steel container of any size withasteellidthat haz atwostep opening mechanism. Approval is granted by the Pitkin County WildlifeBiologist or personnel of the Colorado Division of Wildlife. 76 SERVICE CENTER ROAD ASPEN, CO 81611 PHONE: 970/920-5395 FAX: 970/920.5374 ~~ ~~f~ STATE OF COLORADO Roy Romar, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Perry D. Olson, Director 6060 Broadway Denver, Colorado 80216 - Telephone: (303) 297-1192 e,] ..., `ti~ 12-13-95 Pitkin County Planning 130 S. Galena Aspen, CO 81611 Dear Suzanne: REFER TO For ~Idlife- For People The Andrew Dodd parcel located north of Redstone and along the Crystal River lies within elk winter range. It is basically a pasture which lies between an access road and the river. Wildlife use is minimal due to existing homes, dogs, and other disturbance. It is possible that black bears could travel through the property. The primary value to wildlife is the riparian area. Construction of a single family residence and barn should have minimal impacts to wildlife with the following recommendations: 1. No construction within the riparian area (area is currently fenced off). This should include decks etc. which could overhang the small hillside into the riparian area 2. Dogs be limited to 1 dog with a kennel restriction. Kennel be constructed before the C.O. is issued 3. All fences be 42", 4 strand or less with a 12" kickspace between the top 2 strands. Any rail fencing be 48" round or split rail, 3 rail or less with at least 18"'between 2 of the rails. Bring any old fences into compliance 4. All horse hay be fenced at owner's expense with 8' mesh game proof fencing 5. If bears become a problem, keep all trash/garbage in approved bear proof garbage containers Thank you for the opportunity to comment. If you have any questions, pleasae give me a call. Sinc ly, :i ~ ~ Kevin Wri , District Carbonda e ife Manager DEPARTMENT OF NATURAL RESOURCES, Kenneth Salazar; Executive Director WILDLIFE COMMISSION, William R. Hegberg, Member • Eldon W. Cooper, Chairman • Felix Chavez, Member • Rebecca L. Frank, Member Louis F. Swift, Member • George VanDenBerg, Member • Larry M. Wright, Member • Thomas M. Eve, Member Gf 1 ~1/JC~1~f ~w May 8, 2000 Tamara Pregl Aspen/Pitkin Community Development Department 130 South Galena Aspen, CO 81611 Re: O'Neal/Josey 1041 Wildfire Hazard Review Tamara, State Services Building 222 S. fi[h Slreet, Room 416 Grand Junc[ioa, Colorado 81501 Telephone: (970) 248-7325 I read the application and visited the site with Jeff Bier the owner's representative on April 18'h. Access to the parcel will be from the Dorais Way Road, which is still primarily aone-lane road with very rew tumours. This particular parcel is almost at the end of the road before it is gated. Access for emergency service vehicles and egress for homeowners is not the best. The aspect of the property is west with a slope of 20% where the building envelope is located. The vegetation is primarily grass and chokecherry. There are scattered spruce and ponderosa pine both inside and outside the envelope. 1 would rate the wildfire hazard as medium because the woody vegetation is scattered. There are some very nice mature ponderosa pines on the property. I advised Jeff to avoid any construction activity around these trees. Severing roots and compacting soil will only stress the conifers. Stressed pines attract destructive insects. P,Ay recommendations to mitigate the existing wildfire hazard are as follows. All recommendations are designed to create a defensible space around future structures. 1) For a distance of 10-15 feet around all structures establish and maintain vegetation at 6 inches or less. This can be accomplished with mowed grass, low yrowing perennials or some type of non-combustible mulch (e.g., rocks, pavers etc.). Flammable material (e.g., firewood) should not be stored within this perimeter. 2) For a distance of 70 feet upslope and to the sides and 100 feet downslope thin existing conifers so that the distance between the outside edges of tree crowns is no closer than 10 feet. The lower branches of these conifers shall be removed to a height of 10 feet or half the total height of the tree whichever is least. Removing these lower limbs will take care of the ladder fuels, which can carry a ground fire into the tree crowns. 3) For a distance of 125 feet around all structures remove deadfall. Thank you for the opportunity to review this application. Feel free to call me with any questions. Sincerely, G .~ ~ ~~.~-cam. A. Vince Urbina Assistant District Forester Cc; Bill Gavette -Carbondale FD Jeff Bier ~. Joanna Schaffner, 08:35 PM 5/21/00 -0600, O'Neil/Josey ~I~tc~ v~r~~ E X-Sender: joannas@comdev (Unverified) X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 Date: Sun, 21 May 2000 20:35:54 -0600 To: tamarap@co.pitkin.co.us From: Joanna Schaffner <joannas@ci.aspen.co.us> Subject: O'Nei 1/Josey I have reviewed the above referenced application and offer the following comments. 1. It appeazs that the applicant has submitted incorrect conditions of approval. The recorded 1041 site plan contains the approved conditions. 2. A letter of violation was recently mailed to Mr. O'Neal and Ms. Josey in response to a complaint received of driveway construction without a permit. The wmplaint is still being investigated. Printed for Tamara Pregl <tamarap@co.pitkin.co.us> 1 e w~~- F Bill Gavette, 10:32 AM 5/9/00 -0600, O'neal/Josey, Extension of Vested Rights From: "Bill Gavette" <gavette@carbondalefire.org> To: "Tamara Pregl" <tamarap@co.pitkin.co.us> Subject: O'neal/Josey, Extension of Vested Rights Date: Tue, 9 May 2000 10:32:23 -0600 X-Mailer: Microsoft Outlook Express 5.00.2314.1300 X-MimeOLE: Produced By Microsoft MimeOLE V5.00.2314.1300 Tamara: I have reviewed the ONeal/Josey application. The only additional comment that I have is regarding Dorais Way. It is in need of some widening, turnouts and turnarounds, especially considering the increasing use of it. I believe some of the other properties have had conditions attached regarding improvements to Dorais Way. Let me know if you have any questions. Thanks -Bill Printed for Tamara Pregl <tamarap@co.pitkin.co.us> 1 .~~ ~M~~--~i MEMORANDUM TO: Francis Krizmanich, Pitkin County Hearing Officer FROM: Suzanne Wolff, Planning Office RE: Dodds Conceptual Submission DATE: Mazch 14, 1996 REQUEST: The applicant requests Conceptual Submission approval to construct asingle-family residence and a barn. The property is impacted by the following hazazds: • The 100 yeaz floodplain of the Crystal River • Mapped low wildfire hazard • Mapped elk winter range • Slopes of greater than 30% APPLICANT: Andrew Dodds REPRESENTATIVE: Mark Dodds LOCATION: Dorais Way, north of Redstone; NE1/4 NW 1/4 of Section 9, Township 10 South, Range 88 West of the 6th P.M. ZONING/LOT SIZE: The property is zoned AFR-2 and contains 3.78 acres. SITE DATA: The property is located between Dorais Way and the Crystal River. The building envelope is proposed on a bench above the river; a steep bank sepazates the proposed envelope from the river. The bench contains slopes of approximately 10-30%, and is grass-covered with stands of aspens along the eastern boundary of the property. The north end of the property is more heavily vegetated with mature Ponderosa pine and spruce. STAFF COMMENTS Wildfire: The property is mapped in a low wildfire hazard area. Vince Urbina of the Colorado State Forest Service confirmed the wildfire rating as low. He recommends that the applicant comply with the defensible space mitigation standazds outlined in the Land Use Code. These standazds are included as conditions of approval. r 1 ~ , Bill Gavette of the Cazbondale and Rural Fire Protection District notes that access to the property is adequate. The driveway must be a minimum of 12' wide with a minimum inside fuming radius of 33 feet. The maximum grade of the driveway shall not exceed 12%. , Wildlife: The property is located within mapped elk winter range. Kevin Wright of the Colorado Division of Wildlife notes that wildlife use of the azea is minimal due to residences, dogs, and other existing disturbances. He adds that the primary value [o wildlife is the riparian area. The building envelope does not impact the riparian azea. Wright recommends the following mitigation: • Construction is prohibited within the ripazian azea. • Only one dog is permitted on the property, and the dog shall be kenneled. The kennel shall be constructed prior to issuance of a Certificate of Occupancy. • Fencing shall be no more than 42" high, with four strands or less, and with a 12" kickspace between the top two strands. Rail fencing shall be no more than 48" high, with three rails or less, and at least 18" between two of the rails. Existing fences shall be brought into compliance with these standazds. • Horse hay shall be fenced with 8' mesh game-proof fencing. • All trash/gazbage shall be kept in approved bear proof garbage containers. Floodplain: The proposed building envelope is located outside of [he 100 yeaz floodplain of the Crystal River. Slones: The building envelope contains slopes of approximately 10-30%. The property is comprised exclusively of slopes in excess of 10%. The western boundary of the building envelope coincides with the top of bank; staff recommends that the envelope be set back 10 feet from the top of bank to prevent disturbance to the slope. Staff also recommends reducing the envelope at the north end by approximately 10 feet to prevent disturbance to the drainage adjacent to the envelope. Access: The property is accessed from Dorais Way. Dorais Way follows the Crystal River Railroad right-of-way, and crosses U.S. Forest Service land and several private properties. The Wild Rose Ranch Subdivision granted an access easement along the right-of-way. The applicant has not provided copies of the easements granting access across the USFS land and the William and Mary Dorais property. Two driveways are shown on the site plan to access the residence and the barn. Water & Sewer: The applicant proposes to install a well and septic system. Comments from the Environmental Health Department aze attached. Other: The Zoning Officer notes that the area of the Crystal River up to the high water mark shall be deducted from the lot size to determine the lot azea. The lot area is used to determine the allowed floor area. The lot azea shall be included on the survey. r 2 ~°';•' FINDINGS: 1. The building envelope is located outside of the 100 yeaz floodplain. 2. Development will not create additional impacts on wildlife habitat. 3. Development is located on slopes of less than 30%. 4. The wildfire hazazd can be mitigated. 5. The pazcel has not merged with any of the adjacent parcels. RECOMMENDATION: Pursuant to Section 3-80.10(B)(2) of the Land Use Code, the Hearing Officer is authorized to approve a site plan and application for development of one single-family dwelling unit and customary accessory uses located within certain 1041 hazard azeas. Based on the findings referenced above, Staff recommends approval of the Dodds Conceptual Submission. Said approval is subject to the conditions of approval listed below. This memo will serve as a reference document authorizing approval of said application. The Heazing Officer shall sign a 1041 Hazard Review Site Plan to complete the review process. The Site Plan shall be recorded in the Clerk & Recorder's office, and a copy shall be placed in the file. CONDITIONS OF APPROVAL: 1. The applicant shall record a 1041 Site Plan, prior to submission of any building permit applications. All conditions of approval shall be noted on the site plan. The site plan shall be modified as follows: • The building envelope shall be set back 10 feet from the top of bank. • The building envelope shall be set back 30 feet from the edge of the gully located to the north of the envelope. • The building envelope may extend to the east property line. • The signature block shall be amended for the Hearing Officer. 2. The building envelope is located within [he required 50 foot front yard setback. Any structures within the setback will require approval from the Board of Adjustment. 3. Prior to issuance of a septic permit, the applicants shall provide documentation to the Environmental Health Department as to the location of the well and the quantity/quality of the water. 4. Aseptic permit shall be obtained from the Environmental Health Department, prior to issuance of a building pemut. A fireplace/woodstove pemut shall be approved by the Environmental Health Department prior to issuance of a building permit. 6. The applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Bmsh, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structures. Weeds or grasses within the 10 foot perimeter shall be maintained at 8 inches or less. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the structures. C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel. - D. All branches from trees and brush within the 30 foot perimeters shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. E. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of the structure shall be reduced. H. All deadfall within the 100 foot perimeter shall be removed. I. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. The applicant shall comply with the following additional wildfire mitigation standards for all structures: A. Roof construction shall be Class A, non-combustible material with no flat roofs. B. Vents shall be screened with corrosive resistant wire mesh with mesh'/n inch maximun. C. Roofs and gutters shall be kept clear of debris. D. Yazds shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Firewood/wood piles shall be stacked on a parallel contour a minimum of IS feet away from the structure. G. Fences shall be kept clear of brush and debris. H. Wood fences shall not connect to the structure. I. Fuel tanks shall be installed underground with an approved container. J. Propane tanks shall be installed according to NFPA 48 standards arid on a contour away from the structure with standard defensible space vegetation mitigation azound 4 any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. L. Addresses shall be clearly mazked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. M. Utility lines shall be buried. 8. The applicant shall comply with the following wildlife mitigation requirements: A. Construction is prohibited within the riparian area. B. Only one dog is permitted on the property, and the dog shall be kenneled. The kennel shall be constructed prior to issuance of a Certificate of Occupancy. C . Fencing shall be no more than 42" high, with four strands or less, and with a 12" kickspace between the top two strands. Rail fencing shall be no more than 42" high, with three rails or less, and at least 18" between two of the rails. Existing fences shall be brought into compliance with these standards, prior to issuance of any building permits. D. Horse hay shall be fenced with 8' mesh game-proof fencing. E. All trash/garbage shall be kept in approved beaz proof gazbage containers. 9. No development, including grading and landscaping, shall occur outside of the approved 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. 10. The applicant shall obtain an access permit for the driveway from the County Engineer. 11. If a driveway is constructed that crosses the drainage in the middle of the building envelope, the drainage shall be culverted. 12. All material representations made by the applicants in the application or in public meetings shall be adhered to and considered conditions of approval, unless amended by other conditions. By signing this document, the applicant accepts responsibility for compliance with the conditions of approval listed herein. ~'=$' FROM LINES IN SPACE 38396352 83-19-98 81:00PM TO 9285439 f'~, FIaocu Kf12711di11 ' HCailtt$ t~{jCCI Dale 1. Zoning Qfficer's Comments 2. Environmental Health Ofilcer's ComtttetFts 3. Colorado State Forest Service Comments 4. Colorado Division of W iIdlife Comments 5, Carbondale Fire Ivlarshal's Comments 6. Application 7. Site Plan P.1 Appiicdni OT 1Zepresentauve 3-~sr-~C Date ~o~~- ~ct: s~Z~~-- 6 04/24/2000 15:20 970--963-4238 REDSTONE PAGE 01 ~tCM ~r~ ~ ~. Poet-IC Fax Note 7671 o°Yµ- a 4 ~ ~ To Td~M - -~ ^ ~~ V E Co/DOpt. Co. PMne N Phoiw N FeaN ~~ YS p FaIIN RIO&R LEGAL D@6CRI!'ffON A h-cl of l.ed siWatcd 6r fir NB 1K NW IM of Secdott 9, 7oweWp l0 Sowda, Rep 88 Weet of Or 6th IMY(pt MmWlaw. 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Ne poi0t of 608fOSire. 7opdrr vd6 r vedividW o0e-h0K fben b wq b OAl cLa bom 6ic83osey bite- Y6L.t w.W b0Y AcdwY6 bibx E°r arip0.e purpoYs Ciopt6Yw6h m aegpeet Otrip6t of wq o.er e.d 0eme fir esLtieO remwsy e arbihh.A don8 ats old WIroW `rd. for perpoee Ct htper>na epee b 0.rd W°P^+t2- 'Itapl6m With>4 a.oeml OI t1IiN adwry for tlr bt.llabOOf s pipeBOe 4tm x0.0 6Ydpte o0 Asdwe6 OYldl b the above daubed prapstty, OIaaA1A NeerY IAIA WROMfIfn^,>K PIOIIMAY W MOIM r..selaMlA a 001 elo. r0 ^~F%1-MI Orowt Mn^ry O.ad - Safu Yrycf .W151 e £B 1Ehd 7111 A!lY100 073I3MOD EBBE-E9fi-BC6 6Z:9T fififii/EB/9B Mav 15, 2000 _ Mr. Jeff Bier P O Bo:c 1'00 Carbondale, CO 81623 Re: Parcel ID# 2729-092-00-007 Dear Mr. Bier, ASPEV ~ Prrx~ COMMUNITY DEVELCP~fE\T DEPARTNE~T I recently received a complain*_ re7arding the construction o`_ a driveway tha`_ occurred last fall wit~:out County apcroval or permi*_. Approval for t::^.is dr_vveway may be obtained within the scope Of the eKtenSlOn Cf vested r1~htS aDpliCatlOn tC be reaiewed by the Bcard of County Commiss_oaers.(BGCC) on June '_'o, 2000. You s:_aald contact planner, Tamara PreO_, immediately at 920-5"103 if you wish to keep this drivs-aay. If acDrOVed, an aCCc55 permit appliCatiOn must be aop_ied for r.o later than Jur.e 30, 2000, and cell work must be completed (in accordance with the approval and permit) ro later than Ju'_y 30, 2060. If th_s driveway is r.ot approved by the BOCC, the g-cedes must be restored ar.d the area revegeta*_ed with a seed mi:~ acceptable to the county wildlife biologist, Jcnathan Loo;s'.ty, no' later than July 15, 2000. If your client does not wish to seek approval for the driveway, but rather wishes to remove it, a restoration plan should be submitted to our office no later than June 1, 2000. S3O SOUTH GALENA STREET ~ NPES, COLORi00 SS611-5975 ~ PNONE 9~O.9YO.S`~OY~6 ~ Fas 9i0.920.5d39 ' If you have any questions, please do not hesitate ,to call me at 920-5105. Sincerely, ~~~ .~~~` Joanna S. Schaffner County Zoning Officer Cc: Tamara Preg1, county planner William O'Neil, property owner June Josey, property cwner Edie Engstrom, adjacen*_ property owner _- J /~~ I~ Jeffrey M. Bier P.O. Box 100 Carbondale, CO 81623 963-1061 May 17, 2000 Ms. Joanna Schaffner Aspen-Pitkin Community Development 130 S. Galena St. Aspen, CO 81611-1975 Re: Parcel ID# 2729-092-00-007 Dear Ms. Schaffner, I am in receipt of your letter of May 15, 2000 concerning the driveway on the above referenced parcel. The driveway in question was apre-existing driveway and the owner had it graded and smoothed sometime last year. Upon notice that he needed to apply for an access permit, the owner immediately applied for an Access/Driveway Permit from the Department of Public Works. The application and fee were mailed on May 3, 2000 and as of this date there has not been a reply from the Department of Public Works. The owners wish to cooperate in resolving this matter so please contact me at any time if you need further information. Sincerely, Jeffrey M. Bier Cc: William O'Neal Tamara Pregel . ,; I ; ;_ ~' ,. _~I _ ~i~~~~ Jos~,~ /oNU I ~ ~~3 ~~ ~cL OG.L./~ ~CO~PCJ ~,/l~ 1G~~Cvs LC. _i ~/ ~//~//,-/ /may//p))(-/- j G~/i, GyL C =L°/lii~~~ C~L'"`-,1~ `L L' C..-~ ~G(rC~ .L"~-`~'.1~~"fir=~ ~Z-iL u2'_/~=i>J~~<=~ ~-~-' ~{e-e_ i ~ ~ ,GL%<<e~ ~ ice .~~ vL'cz-.n ~f _c_ ~~~~'~' DAL=-~ ~ ,,~-~--~ ~d'~^- ~t2C-~~-~ ~ C' Ell- ~ ~G ~ -~c'~L~t ~e~ (yy/~L ~«~~`~ ~f' //LC- iZIiZ:EG~~ .U/ `~~- ~O~ ~!-~,C'O!2-C~.~i ~2~-C C'-e~ ~-6'LG~L ~ G-tr /00 ~oG'd~ r,~'~l~/ ,. ~LCC`C ~ ,~y`~/- , +// qtr-C Cc ~'~C~ //~~ // / ~ y~LeGGIQC-~ CIY C~~ce'1LG' '~~LE-rG.,c:_ .~~ ~'C~L ;Z~Z~~ v ~%1~ ,yy~ . ~~b~J..C t~ G~V /~C.~ L~'C2~iC el~ L~/~~-~-. ,,' ~ ~ :/ i (J ~/ ~/~/~ C~-c of-r_LV C/GQ-LG/'C.~ '~'Z°~G~Q,,1~!%Z~6L`~ ,Z~/ G~-G~/L~ L~~~ ~~_ /~~-4 Cc~'Cc~~ i-c ~ ~~' .l ~~ G ~o L''-LL J f> ~f'~ ~~. cl C12.- ~G t `C-YL ff ~ LL ------y-~ v//~~ y -7_ - _ _ - ~ ~ ~ ~~/~~d -~ ~t ~t1~~:L~ GG~-~~o ~~ Q~~ ,G~CL~G~ct~`!~ `I~CP~~~L~ ~~ ~, / // `~- _ ~~n ~~~ ~i l~ ~` ~ ~~ Gx~~~L G ~ ~c~ v .- lZ /1 ~~ l-? ~,e raj ,rC~C~~, .r/ f~'~"~ ~.~ ~r-~t -rtL ~-, !-~ y , ~C~C'~ ~~ .C~.~ ~ ~'-~c y',~iLCC-~. ~d-Zc_C~Cc~~Lf~<~z-~ .~ y/ (~ C'~ ~~ LPL j c~~ ~/~~ !~/ ~_L~ <c_ C'J~ ~% (./ 1 ' G~ ~~~ . ~~~yL~/ ~~ ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET ASPEN, CO 81612 970-920-5090 (phone) 970-920-5437 (fax) FACSIMILE TRANSMISSION To: Bi110'Neal DATE: 9/5/00 FROM: Tamara Pregl SUBJECT: 1041 Hazard Review approval PAGES: COMMENTS: Mr. O'Neal, Attached is a copy of the Board of County Commissioner resolution granting approval to your property on 8/23/00 subject to the conditions outlined in the resolution. The resolution is in the process of being recorded and you will get a copy as soon as it does. In order to apply for a building permit, you will need to record the site plan as approved by the Board of County Commissioners. Any changes to the BOCC approval will need to be reviewed and re-approved or denied by the BOCC. Please call me if you have any questions. Tamara 970-920-5103 -/CE 1ZZlG-~ ~~ ~. ~-{- ~ ~jfbGt~ ~' FJ~ '~i ~i~C-E- l ~ fi=t [ ~ .~--~l~s ~,/~~ ~ ~- ~LC~t,~% ..~~°~~' ~~l-~cr~~ y~oC~~/L~~.~LC-ilr7~o<-~ /"o"ff ~/Ge_ lL rrr--C. ~-~LfZ ~C_ ~~t~~ ~% 6c-C C.G. eJ c'C'L f ~e__. J / v ~~'t'.' G~ Z~ ~c ~2-C- `~- ~~-~~CZG ~ Zc~ . 'v~112 JC2C-E~'~. GO E'~~1~~ ~ ~¢G c-~ G'_~z ~t ~-e~ r /g~ ~~~ Fem.-C'~C. cz1 ~ c k~l, 5 ~ ~L~ ~ ~ ~a ~z~~. ~o~-.~ '~~% oc5c~ , // / _ y ~ (S°J'ZZ ~~~ G~/~`~ %/ZA- d c:i~.EG .f%/ LL ~ / ~ `~~ O`-tO~~ ~/ /~ ~I /C<t'lcC~ /~'~G G4~ ~C~IGtf,~ a {- ~2L. /G'O ~ ~° ~ ,o ~/ C ~(Y~ <'~-cam. l~Q~-~/G 6-1~-~~, ~~ ~ 2~i Le ~~ APPLICATION FOR AN EXTENSION OF VESTED RIGHTS 3.78 ACRES IN THE N.E. 1/4 N.W. 1/4 OF SECTION 9, TOWNSHIP 10 SOUTH, RANGE 88 WEST OF THE 6TH P.M. NEAR REDSTONE, COLORADO OWNED BY: WILLIAM D. O'NEAL JUNE J. JOSEY P. O. BOX 517 GENOA, NEVADA 89411 SUBMITTED BY: JEFF BIER P.O. BOX 100 CARBONDALE, CO 81623 (970) 963-1061 Jeffrey M. Bier P.O. Box 100 Carbondale, CO 81fi23 970 963-1061 February 23, 2000 Ms. Tamara Pregel Aspen/Pitkin Community Development 130 S. Galena St. Aspen, CO 81611 Re: Extension of vested rights Dear Tamara, The owners of the property described herein wish to extend their 1(1=} I approval as described in Section 4-140-30, which expired in March of 1999. "fo further this process, enclosed please find the following: 1. Letter of authorization 2. Proof of ownership (copy of deed and title policy) 3. Parcel description 4. Site plan 5. Copy of pre-app form 6. Copy of previous approval In addition, a list of adjacent landowners is included along with the application tee and a signed "agreement to pay" form. The owners would like to make two changes to the original application: 1. They would like to move the north building envelope line 15 fcet to the north. This is due to recommendations from the architect and excavator. "fhe two main reasons for this change are to save some mature ponderosas and evergreens and to obtain better solar exposure. I have included a letter from Dmr Hardin of I1P Geotech, which addresses this change in lot line. 2. The other change requested is to move the leach field to the north as depicted on the enclosed plat. This is for the same reasons described above. A perc lest has been performed at this site and the results are enclosed. The owners intend to build asingle-family home on this site, not to exceed 3,00 sq. ft. in size. If you have any questions, please call. Sincerely, Jeffrey .Bier PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PROJECT: O'Neil/Josey Extension of Vested Rights LOCATION: Dorais Way, north of Redstone; NEI/4 NWl/4 of Section 9, Township 10 South, Range 88, West of the 6'" P.M.(PID#2729-092-00-007) APPLICANT: Bill O'Neil and June Josey REPRESENTATIVE: Jeff Bier PHONE/FAX: 963-1061/963-0879 DATE: September 9, 1999 PLANNER: Tamara Pregl, 920-5103 Type of Application: Extension of Vested Property Rights Description of Project/Uevelopment: The Applicant is requesting approval for the reinstatement of vested property rights, as the vested right has expired. The parcel was granted 1041 Hazard Review approval by the Hearing Officer in March of 1996 (Dodds Minor 1041: P147-95). Areas in which the Applicant has been requested to respond, types of reports requested: Land Use Code Sections to be addressed in letter of request (application): Section 4-140, Extension of Vested Property Riglrts Staff will refer to the following agencies: County Attorney, Zoning Office, Crystal River Caucus, Colorado State Forest Service, County Wildlife Biologist, Carbondale & Rural Fire Protection District Review by: BOCC. Public Hearing? Yes. A public notice sign shall be posted on the property at least 15 days prior to the hearing pursuant to Section 4-90 of the Land Use Code. The Applicant shall mail notices to all adjacent property owners at least 30 days prior to the hearing with the return address of the Community Development Department (a copy of notice shall be obtained tram the Community Development Department). The names and addresses shall be those on the current laz records of Pitkin County as they appeared na more than 60 days prior to the date of the public hearing. The Applicant shall submit a copy of the adjacent property owners with the complete applications. What fee is the applicant requested to submit: Totni Deposit: $1,220: Planning Office (deposit) $ I,l 10 (additional hrs are billed at a rate of $185/hr); Referral Fees required: Clerk and Recorder ($ 110) Note: Colorado State Forest Service has n separate fee. (970) 248-7325. Please submit: A list of adjacent property owners and 2 copies of the `Agreement To Pay' form (do no[ include with each packet copy). Number of copies of the application and maps to be submitted: 10 For a complete application, please include the following in each packet: • Summary letter explaining the request and addressing all Land Use Code standards listed above; • Consent from owner(s) to process application and authorizing the representative (if applicable); • Proof of ownership (from a title company or attorney licensed in the State of Colorado); • Parcel description, including legal description and vicinity map; • 24" X 36" Site Plan; • Copy of this pre-app form; • Copy of previous approval. NOTE: This pre-application conference summary is advisory in nature and not binding on the County. The i+ formation provided in this suntnmry is based on current zoning standards and staffs interpretntions~ based upon representations ofthe applicant. Additional hJorn+a[ion may he required apon complete review ofthe application. (rom:Je@pler Masanb MOrse Peal Estate Fax 9)094]J2]U VOlce: 91096]-0OLI To: plll O'Neal Page 2of]We0nesUay.Odoher20. 19991:1902 PM October 20, 1999 A I s. 'Tamara Pregel Aspe~>/Pitkin Couununity Development 130 S. Galena St. Aslpen, CO 81611 Dear Nis. Praeel. We hereby authorize Jeff Bier to represent our interests iu the Extension of Vested Rights on the property we own in Section 9 Haar Redstone, Colorado. Please Teel fray to contact us if you have any questions. Siucerel}~, ~i~~ \y'illiam D. O'Neal Jung J osey ~~~~i~ P.O. Box 517 Genoa. N\' 89411 MEMORANDUM TO: Francis Krizmanich, Pitkin County Hearing Officer FROM: Suzanne Wolff, Planning Office RE: Dodds Conceptual Submission DATE: March 14, 1996 REQUEST: The applicant requests Conceptual Submission approval toconstruct asingle-family residence and a bam. The property is impacted by Ehe following hazards: • The 100 year floodplain of the Crystal River • Mapped low wildfire hazazd • Mapped elk winter range • Slopes of greater than 30% APPLICANT: Andrew Dodds REPRESENTATIVE: Mazk Dodds LOCATION: Dorms Way, north of Redstone; NE1/4 NW 1/4 of Section 9, Township 10 South, Range 88 West of the 6th P.M. ZONING/LOT SIZE: The property is zoned AFR-2 and contains 3.78 acres. SITE DATA: The property is located between Dorais Way and the Crystal River. The building envelope is proposed on a bench above the river; a steep bank sepazates the proposed envelope from the river. The bench contains slopes of approximately 10-30%, and is grass-covered with stands of aspens along the eastern boundary of the property. The north end of the property is more heavily vegetated with mature Ponderosa pine and spruce. STAFF COMMF,NTS Wildfire: The property is mapped in a low wildfire hazard area. Vince Urbina of the Colorado State Forest Service confirmed the wildfire rating as low. He recommends that the applicant comply with the defensible space mitigation standards outlined in the Land Use Code. These standards are included as conditions of approval. _. Bill Gavette of the Carbondale and Rural Fire Protection District notes that access to the property is adequate. The driveway must be a minimum of 12' wide with a minimum inside turning radius of 33 feet. The maximum grade of the driveway shall not exceed 12%. Wildlife: The property is located within mapped elk winter range. Kevin Wright of the Colorado Division of Wildlife notes that wildlife use of the area is minimal due to residences, dogs, and other existing disturbances. He adds that the primazy value to wildlife is the riparian area. The building envelope does not impact the riparian area. Wright recommends the following mitigation: • Construction is prohibited within the riparian area. • Only one dog is permitted on the property, and the dog shall be kenneled. The kennel shall be constructed prior to issuance of a Certificate of Occupancy. Fencing shall be no more than 42" high, with four strands or less, and with a 12" kickspace between the top two strands. Rail fencing shall be no more than 48" high, with three rails or less, and at least 18" between two of the rails. Existing fences shall be brought into compliance with these standards. Horse hay shall be fenced with 8' mesh game-proof fencing. • All trash/garbage shall be kept in approved bear proof garbage containers. Flood lain: The proposed building envelope is located outside of the 100 year floodplain of the Crystal River. Slones: The building envelope contains slopes of approximately 10-30%. The property is comprised exclusively of slopes in excess of ]0%. The western boundary of the building envelope coincides with the top of bank; staff recommends that the envelope be set back ]0 feet from the top of bank to prevent disturbance to the slope. Staff also recommends reducing the envelope at the north end by approximately l0 feet to prevent disturbance to the drainage adjacent to the envelope. Access: The property is accessed from Dorais Way. Dorais Way follows the Crystal River Railroad right-of-way, and crosses U.S. Forest Service land and several private properties. The Wild Rose Ranch Subdivision granted an access easement along the right-of-way. The applicant has not provided copies of the easements granting access across the USFS land and the William and Mary Dorais property. Two driveways are shown on the site plan to access the residence and the barn. Water & Sewer: The applicant proposes to install a well and septic system. Comments from the Environmental Health Department are attached. Other: The Zoning Officer notes that the area of the Crystal River up to the high water mark shall be deducted from the lot size to determine the lot area. The lot area is used to determine the allowed floor area. The lot area shall be included on the survey. FINDINGS: 1. The building envelope is located outside of the 100 year floodplain. 2. Development will not create additional impacts on wildlife habitat. 3. Development is located on slopes of less than 30%. 4. The wildfire hazazd can be mitigated. 5. The parcel has not merged with any of the adjacent parcels. RECOMMENDATION: Pursuant to Section 3-80.10(B)(2) of the Land Use Code, the Hearing Officer is authorized to approve a site plan and application for development of one single-family dwelling unit and customary accessory uses located within certain 1041 hazard areas. Based on the findings referenced above, Staff recommends approval of the Dodds Conceptual Submission. Said approval is subject to the conditions of approval listed below. This memo will serve as a reference document authorizing approval of said application. The Hearing Officer shall sign a 1041 Hazard Review Site Plan to complete the review process. The Site Plan shall be recorded in the Clerk & Recorder s office, and a copy shall be placed in the file. CONDITIONS OF APPROVAL: The applicant shall record a 1041 Site Plan, prior to submission of any building permit applications. All conditions of approval shall be noted on the site plan. The site plan shall be modified as follows: 2. Prior to issuance of a septic permit, the applicants shall provide documentation to the Environmental Health Department as to the location of the well and the quantity/quality of the water. 3. Aseptic permit shall be obtained from the Environmental Health Department, prior to issuance of a building permit. 4. A fireplace/woodstove permit shall be approved by the Environmental Health Department prior to issuance of a building permit. 5. The applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum l0 foot perimeter around the structures. Weeds or grasses within the 10 foot perimeter shall be maintained at 8 inches or less. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the structures. C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel. D. All branches from trees and brush within the 30 toot perimeters shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brash shall be removed. E. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of the structure shall be reduced. H. All deadfall within the 100 foot perimeter shall be removed. I. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 6. The applicant shall comply with the following additional wildfire mitigation standards for all structures: A. Roof construction shall be Class A, non-combustible material with no flat roofs. B. Vents shall be screened with corrosive resistant wire mesh with mesh'/a inch maximun. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. G. 'Fences shall be kept clear of brush and debris. H. Wood fences shall not connect to the stmcture. I. Fuel tanks shall be installed underground with an approved container. J. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the stmcture with standard defensible space vegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. L. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. M. Utility lines shall he buried. 4 The applicant shall comply with the following wildlife mitigation requirements: A. Construction is prohibited within the riparian area. B. Only one dog is permitted on the property, and the dog shall be kenneled. The kennel shall be constructed prior to issuance of a Certificate of Occupancy. C . Fencing shall be no more than 42" high, with four strands or less, and with a 12" kickspace between the top two strands. Rail fencing shall be no more than 48" high, with three rails or less, and at least 18" between two of the rails. Existing fences shall be brought into compliance with these standards. D. Horse hay shall be fenced with 8' mesh game-proof fencing. E. All trash/garbage shall be kept in approved bear proof garbage containers. 8. No development, including grading and landscaping, shall occur outside of [he approved 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. 9. The applicant shall provide copies of the easements allowing access along Dorais Way, prior to recordation of the 1041 site plan. 10. All material representations made by the applicants in the application or in public meetings shall be adhered to and considered conditions of approval, unless amended by other conditions. By signing this document, the applicant accepts responsibility for compliance with the conditions of approval listed herein. Francis Krizmanich Hearing Officer Date Applicant or Representative Date Attachments 1. Zoning Officer's Comments 2. Environmental Health Officer's Comments 3. Colorado State Forest Service Comments 4. Colorado Division of Wildlife Comments 5. Carbondale Fire Marshal's Comments 6. Application 7. Si[e Plan ,r; ' Y~ ar...dw,w..~p r.,.d.1 W WARRANTY DEED TH19 DEED, Made tbb ~$ihday of Jooe, 1999, between MY COMMISSION EXPIRES: DECEMBER 7,1888 ANDREW T. DDS and CARLYN K. DODDS, of the County of ~ ~~ir and SUIa of Cdondo, GRANTOR(S), and WILLIAM D. O'NEAL and JUNE J. JOSEY, whoa addrca b P.O. Hox S17, Genoa, NV 89411 of the County of q14~, and S4te of Nevodo, 6RAM'EE(S): WIfNE9S, that the gnnlot(s), for and in conetdwalioa of the sum of TWO HUNDRED FORTY ONE TIiOUSAND AND NO/igg---------(SDi1,t1d9.W)f10LI.ARS, the receipt and auffcienry of which is hweby acknowledged, has gnoted, bargained, sold and conveyed, and by thcu prcunu doe grant, bwgain, all, convey and confirm unto the gmtee(e), their help and assigns forever, ant in tenanry in common but in Jolot tenancy, all the real property, togethcr with improvemenn, if any, dtuate, lying and being In the County of Pilkln and State of Colorado, described es follows: SEE LEGAL DESCRIPTION RIDER ATTACHED HERETO commonly known as: vaant land, Rcdstooe, CO TOGETHER with all and dngular the hweditamenta and appurtuaacw thereunto belonging, or in anywise appuAaining and the rcvenion and all rcveniom, remainder and rcmatnden, rcnu, Issues and profits thereof, and eft the estate, right, title, interest, claim and demand whatsoevu of the grantor, etthw in lees or bl equity, of in and to the above bargained premises, with We hwedilamen4 and appurtenances. TO HAVE AND TO HOLD the aid prcmius above bargained and described, wiW We appurtenances, unto rho grantees, their hoira acct auigue foravw. And the grantor, for hbnulf, 4ia help and personal rcpreunutivea, does covenant, grant, bargain and agru b and with t-le grantees, their help and awigru, Nat LL the lime of the tnsealing and delivery of these prcaenu, he b well uized of the prcmius above conveyed, has goad, sure, perfect, and absolute and indefeasible wrote of inheritance, io law, Io tee timpla, acct has good right, full power and lawful authority to gent, bargain, sell and convey Ne same in manner and fame aforesaid, and that the acme are fru and clear ffom ell forma and other grants, bargains, sales, tiara, tares, assesrmenu, mcumbrurcea and maUictioru of whakver kind of nuura soever, except taxes and essessmems for 1999 and suMequem years; and except Nou rceervatiom, m4iaioos, waementa and other marten set forth on the Exhibit "A' The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises to the quiet and pesuable poauadon of the grantees, their heir end auigns, againal all and every person or persona lawfully dahning the whole or any part thereof. The sin~gu~la~r n_u~mb~er shall include rho plural, the plural the dngulu, and Bla use of any gender ah(a\~il\ b(e1'~~a~pplicable to ail ~T.~"do da r yo o a S4te of -L~ /UK K UU ) County of ~JrC The foregoing inun,malt wu acknowledged, subscribed and aworo to before me This ~_ day of 1999 by Andrew T. Dodds. Gbsm6.ia./QaJ~ / NOTAR -0-d-~ ~AU8L10 9fF'yUF,~,pl. AMO111arNw` W~itne~~s my Eland en/d~Ofticiel Seal /J ~~tary~iTilia~T~-~~ OAItPWID COUNCY 1711E COaI'OM770N, 316 IBninYAY 173 SI1rtE 120, CARaBNDAIE W 1161) Phone: PH 97 0. 961-7 7 60 Geeenl Wamaty Dead - fotot Teoamy g8615q <s State of Colorado County of Garfield The foregoing instrument was acknowledged, subscribed and sworn to before me this ~'~_ day of June, 1999 by Carlyn K. Dodds. 1 Witness my hand and Official Seal My Commission Expires: \- ~3 " ~~ ~ ~~h.n~ _ Notary Public CAROL STALLARO N+IyComm. f:xplres 01-13-200) RIDER LEGAL DESCRIPTION A tract of land situated In the NE 1/4 NW 1/4 of Section 9, Township 10 South, Raoge 88 West of Ule 6W Principal Meridian, lying Easterly of the center of the Crystal River, described as follows: Beginning at a point in the center of said river whence the witness point to Ote NorWweat comer of said Section 9 bears North 5718'51" West a distance of 1166.52 feel; Wence NoAh 4805'30" East a diatulce of 231.73 feet along Ole rater line of uid river; thence NorW 3358'00" Past a distance of 322.80 feet along Ule ceakr ilea of sold fiver, thence South 5809'00" East a distance of 6.b3 feet along the center line of said river; thence North 1130'00" Fast a distance of 2!5.27 feet along the center line o[ said river W a point on the Northerly line o[ said SeGion 9; thence South 6638'00" Past a distance of 228.00 feel; thence South 2538'00" Weal a distance of 745.00 feet; thence North 6803'30" West a distance of 314.23 feet more or kss b the ante[ of said river, the point of beginning. Together with an undivided one-half interest in and to 0.83 c.f.s. from McKinney Dikh uldng wakr horo Redwaeh Dikh for Irrigation purposes. Together with an easement or right of way over and across the existing roadway as established along the old railroad grads for purposes of ingress and egress w said property. Together with an easement or right of way [or the inslallalion of a pipeline hom the headgate on Redwash Gulch b We above described properly. i~~RC.~t_ ~ ~7z9-o5-x_00007 nAaraDD OnUI'rIY 17t180DRPOMr10N, 726 WOHWAY U7 BIIfIn 17A, G1aBOHDAIE CO [167] P6ooe: PH r70-%1-r761i lkaaal wena.ry Deed - rolot Teoeocy 406154 a Parcel Number Location Owner Street City ST Zip 272904300008 across the river DEVER, DOROTHY 99 S DOWNING #502 DENVER CO 80209 272904300011 ad~acent DODDS, CARLYN K 8252 HWY 133 CARBONDALE CO 81623 272909200003 across the road SEEVERS, MARK & SUZANNE 5881 S KINGSTON WY ENGLEWOOD CO 80111 272909200008 ad'acent AMANDA LLC 1475 TERMINAL WAY, STE RENO NV 89502 272909200007 1041 ONEAL, WILLIAM D PO BOX 517 GENOA NV 89411 272909200009 across the river HONER, JANELLE A 15360 HWY 133 CARBONDALE CO 81623 272909200026 across the river TRUSTEE OF THE MANNING DEANNA 1356 CERRITOS DR LAGUNA BEAC CA 92651 272909200027 across the river COLLISON, MARTHA G 0356 COUNTY RD 101 CARBONDALE CO 81623 272909202002 across the road ZIEGLER, NICHOLAS J- TRUSTEE 994 NW 7TH STREET BOCA RATON FL 33486 ~~ r - u - Hepwor~~,,~wlak Geotechnicnl, Inc. '~~r-1 ~~~ 502U CoulCy Road 154 Glenwood Springs, Colorado 81601 Phone: 97U•945-7988 January 25, 2000 Faz:970-945.8454 hpgeo@hpgeotech.com Bill O'Neal 190 Miramar Avenue Santa Barbara, California 93108 Job No. 199 843 Subject: North Building Envelope Line, 3.78 Acre Parcel Between Old Railroad Grade and Crystal River, Dorais Way, North of Redstone, Pitkin County, Colorado Dear Mr. O'Neal: As requested by Jeff Bier, we visited the site on January 24, 2000 to review the site conditions with respect to the northern building envelope line. We previously performed percolation testing on this lot under Job No. 199 843 and presented the results in a letter dated November 16, 1999. We understand that the approved northern building envelope line is 30 feet from the existing gully and it is desired to move the envelope to 15 feet from the gully. The gully is 5 to 6 feet deep in the area just north of the building envelope. The gully parallels the building envelope and drains down to the west into the Crystal River. A dirt access road (old abandoned railroad grade) crosses the head of the gully where the gully appears to terminate. The sides of the gully are vegetated with grass and weeds and appear to have slopes as steep as 2 horizontal to 1 vertical. The area of the gully is vegetated with small aspen trees, brush and scattered large pine and fir trees. Up to 8 inches of snow covered the site at the time of our visit. The upper part of the gully has been partially filled with brush and tree cuttings. The gully appeazs to be an old erosional feature and is not currently a drainage path for concentrated runoff from the area above the existing access road. The sides of the gully Bill O'Neal January 25, 2000 Page 2 appear stable. It is our opinion that placing the building envelope to 15 feet from the edge of the gully will not increase the risk of flooding, debris flow or slope instability with regard to properly designed buildings, driveways or site walls within the building envelope. If you have any questions or need further assistance, please call our office. Sincerely, HEPWORTH - PAWLAK GEOTECHNICAL, INC. Daniel E. Rev DEH/ksm cc: Mason & Morse -Attn. Jeff Bier FEB-24-2000 10 12 H-P GEOTECH r C~C7L~C~"1 November 16, 1999 He~worth•.,,~lak Geotechnical, tnc. 50,0 County Road 154 Glenwood Springs, Colorado 61601 Phone: 970.945-7989 Fax:970-943-8454 hpgeo@hpgeotech.com P.02i04 Bi110'Neal 190 Miramar Avenue Sattta Barbara, California 93108 Io6 No. 199 843 Subject: Percolation Testing, Proposed Residence, Aorais Way, North of Redstone, Pitkin County, Colorado. Dear Mr. O'Neal: As requested by Duane Piffer, a representative of Hepworth-Pawlak Geotechnical, Inc. performed percolation testing at the subject site. The resu![s are presented in dlis report. The work was done in accordance with our Agreement for Geotechnical Engineering Services to you dated October 18, 1999. We understand that a seepage pit type system is proposed and the percolation tests were performed in a large pit stepped down to a depth of 13 feet. .. The percolation testing was performed on Ottober 19, 1999 in holes which were dug and pre-soaked by Duane Piffer on October 18, 1999. The subsoils exposed below about 1 foot of topsoil consist of interlayered silty sand and sandy gravel to the bottom of the pit at 13 feet. Gradation analyses performed on samples taken from the pit are presented on Fig. 1. The percolation test results are sutnmarized on Table I. The percolation rates are variable, possibly due to rock content. Infiltration rates are between 17 and 40 minutes per inch with an average of 32 minutes per inch. If you have any questions, please call out office. Sincerely, HEPWORTH-PAWLAK GEOTECHNICAL, INC. Trevor L. Knell Rev. By: DEH TLK/sd attachments FE$-24-2000 1013 H-P ~,EOTECH P.03%Ua E z N Q a ti z c~ W o. V z N N Q d H W2 U W C. ,,,~.,.._._.. _. ......._~_ cceatcs air Ta su GRAVEL 41 X SANG 38 R SILT ANO CLAY 21 9 LIQUID LIMIT '6 PLASTICITY INDEX % SAMPLE OF: Silty Sand and Gravel FROM: Profile Pit of 7 thru 9 Feet 199 843 0 w z W M z w U Q' W 0. n W 2 a W Q= F- Z W U W a ,..... _.. ..... _. _- _ Coasts atr m nor GRAVEL 2 7. SAND 80 !. SILT ANb CLAY 18 % UQUID LIMIT % PLASTICITY INDEX % SAMPLE OF: Slightly Gravelly Sllty Sond FROM; Profile Pit of 12 thru 12.5 Feet HEPWORTH - PAWLAK GRADATION TEST RESULTS Fig. 1 GEOTECHNICAL, INC. ewe suosra - us st~soun saes I arks saute avouucs I ~e u~os+ss u.s sruoMO area 1 acre sauna aa~wws r FE~~24-2000 10 13 H-P r,F_OTECH HEPWORTH-PAWLAK OEOTECHNICAL, INC. P.04i04 TABLE I PERCOLATION TEST RESULTS JOB N0. 199 843 HOLE N0. HOLE DEPTH IFEETI LENGTH OF INTERVAL (MINI WATER DEPTH A7 START OF INTERVAL (INCHES) WATER DEPTH AT END OF INTERVAL (INCHES) DROP IN WATER LEVEL (INCHES( AVERAGE PERCDLATIUN RATE (MIN./INCH( P•1 5 5 111!2 101/4 1114 10 1!4 10 114 15 10 8 7!2 1 112 6 112 7 114 1 114 7 114 8 114 i 6 114 5 112 314 6 112 4 112 1 d 112 3 31d 314 17 p•2 9 112 6 10 9 112 712 8 112 9 114 114 15 8 11a 8 112 3/4 8 i12 7 314 314 7 314 7 tl4 112 ~ 1/a s 31a vz 8 314 6 1/2 114 8 112 0 1/z 40 P•3 14112 5 9112 7 2112 12 9 112 2 1(2 9 112 7 2 i!2 ~ 6 114 1 3f4 6 114 3 112 1 3/4 3 112 3 318 118 3 318 3 114 118 40 Note: The percolation testing was performed on October 19, 1888 in holes which were dug and presoaked on October 16'. 1999. The average percolation ratos were based on the last two readings. TOTf~L P.04 _ COMMITMENT ~-' ~E JEFF ESER MASON & MOF'~ F1FAL ESTATE 0304 flIGFi~WY 133 CAt~GrIDAIE CO 81623 1, Effective Date; ~1 29, 1999 at 7:00 AM RS/ct 2. ALTA Oss:er' a PbliGy Tv rw~ utrr.r.rsne D. O'IgAI. acid JUNE J 3. 1lLTA Ioar Policies Prvpoeed Ins:aed: Pxnposed 7nt:a'ed: r'S~M F'~9 tr_.ppp ~~~ k._ Order No. 406154 -C Ctratamee' Nefex+s:oa Amdult: 6 241,000.00 mot: s Amount: $ 4. Tha estate ar in6exest in the lard described or referred tb in this Camiiment arni aouet+ed hee+eia is: FFE SD!~'tE and title thm+ebo is at the effective date hereof vested in: A13IiEi:1 T. DODffi issued by: Owr»s's Preniuo: $ 832.00 C~RFTE[D CO[NIR TITLE OCRPORATION ms's p~~; $ 326 HIGFbWY 133 SUITE 120 Add'1 larder Ghg: $ CAR80NDAIE OO 81623 Add'1 Charges: $ F74X 970-963-3803 Tax Oertificate: $ 10.00 PH 970-963-3760 Fhaaxsemerre Chg: S TH[? ~~: s Taro. C#AlPC~PB: 8 842.00 FIRST AMEttICAN TITLE IIZSIHtANCE COMPANY - CONMITNBNT Plat id tb. Omdts' No. 406154 -C 5. ~a lax! rafarzad to in the O®iimart is aousri-~g the lard in the State of Oalarado, Oaunty of Pitkin descz'ibed es follows: A tract of land situated in die NE 1/4 NW 1/4 of Sectias 9, Township 30 Suxth, Fame 88 West of the 6th Principal Meridian, lying Easterly of the oenber of the Ccyel'al [river, described ae follava: Hegiming et a point in the center of said river whenne the witnaea point tv the Nomt2aaeet aomnar of said Section 4 beano North 57°18'51" West a distance of 1166.52 feet; thane North 48.05'30" East a distance of 231.73 feet slag the canter line of said river; theme North 33°58'00" East a disterne of 322. BO feet slag the cenrtar line of said river; tlyence South 58°09'00" East a distance of 6.63 feet slag the aaxUer line of said river: itierne North 11°30'00" East a dietenoe of 215.27 feet slag the center line of said river bo a point on the Nomtherly line of said Sectias 9; thence South 66'38'00" East a distance of 228.00 feet; theme South 25°38'00" West a distane of 745.00 feet; thane Noa'ttt 68.03'30" West a dietanne of 314.23 feat mama om leas to the aster of said river, the poinrt of beginning. FIRST ANERICAN TITLE INSl1rADXE OCI+~ANY F~JUL. lc .W 0~1040a1! 1:02AM i~ ~" STATE OF COLORADO COUNTY OF GAR1`IELn HILL EDWRRDS N0.483 P.5 PHDHE N0. : 970 963 4587 Jul. 10 2000 03:32PM P2 .:.. ~. ~i~,<,s' 1 ss. AFFIDAVIT I, JESSIE J. MC KTNN>rY, uoon my oath, dispose and Say: 1. That my wife and Z acquired 160 acres on the Crystal River in May of 1950 and have lived on said, property since that tithe, The . legal deseriptian of said property is as follows: Townshi 10 South, Ran a 88 West of the Sixth P.M. Section 4: SEta5W~ Section 19: NW~NW~t, NEasNW3~ and the 6W1jNWId 2. That the Crystal River crosses said prope>ty as well as State Highway No. 133_ 3. That for many years the Crystal River and San Juan Railroad crossed the property, but it is my understanding that this railroad was abandoned during the second World War. 2 was acquainted with the property for several years before I bought it and of my own knowledge the railroad was not active through this property sinc® 1943. 4. That after acquiring the property, wesplit it up into num~rotss tracts and the Crystal River and $an Juan Railroad grade lying easterly of the•Cryatal River was used as access to several of the tracts of land that we sold. 5. That the railroad grade travels southerly fzota our property and immediately adjacent to the crystal River for about 17p0 feet to the bridge across the Crystal River on the north end of the townsite of Redstone. It i4 along this railroad grade to the bridge that has,, been used for access purposes to the various tracts that we have sold. 6. 2 know of my own knowledge that sine® May of 1950, said rail- roa8 grade has been used eentinuoualy by my wife and 2 and various other owners of tracts of land fox access purposes. some of the owners and the apprexi:nate date they acgui~zed the tracts and commenced using the railroad grade for access purposes can be summarized bs follows: Glenda Menoaald ~ June Kay Stephan 1952 Ralph Robinson ,' 1964 Oct. Uriah McClean July 1 1969 1952 W.C. Moore June 1965 , Jess Nugent 1970 Kenneth Collins Oct 1969 Baynes - FcE'arlan - Gerald Kelley 197P Duzias Harold Jeancon 1977 L. Jones Ross Johnson 1966 1959 8311 King 1963 Robert Adkins 1969 Katherihe Towel 1972 1974 Robert 1~tcAbery 1969 Barbara Levin® 1'968 Robert Getter Web 1969 Harold blalcewell 1976 er and Olsen .% Robe t R 1973 Adam Zamora 1974 r ealer 1976 , Fountain States Telephone and To.legraph Co. and Holy Cross Electric Association also have used the right-of-way for maintaining their lines for at least the last 26 years. 7. The railroad grade after it leaves our property crosses practically Sue south through the W'gSW'a~ of said Section 19. It is my understanding that the said W~SWY, is'fedsrally owned. NO one has ever attempted to interEare with my use of said railroad grade and1 J to my knowledge no one has aunt had any trouble with the use o£ this railroad grade Por access purFOSea. It may not be a county road, at RECEIVED TLME JUL.10. 2=26PM ! ,,.-.~._..~..•----....,""'".'"-~..•. JUL. 12.2000 11~02AM HILL EDWARDS ~~ OM e w due 11 - ' PHONE N0. 970 %3 4587 _ .. ~:,. N0.483 P.6 July 10 2000 03:33PM P3 i least the County does sot maintain it. ~ e. Tht railroa8 right-of-way was originally 100 Eeet in width. Not to exceed 60 feet is actually utilised for road purposes. 9. Uriah McClean at one time~';owned a silver mine near the old Hoe Springs sfortharly of my props;ty, He brought all of his silver ore from has mine through my property and through the federal ir}nd to the north Redstone bridge, as above described. This was in th® years 1952 and 1953. 10. That the owners of said tracts, as above enumerated, have not only used said right-of-way, btTt it has been used by construction workers, propane suppliers and anydne that had any business w~.th say of she lot bwnprs, FURTHER AFFIAtJT SAYETH NOT. +.3 essie ,7. Mex nney Tha foregoing instrument was acknowledged before me this ' !!,'i' day of august, A.A. 1977, by Jessie J, Mc%iTUtey, Witaeas my hand and official seal. MY ooimrtission expires: notary Fubl c ..Z- RECEIVED TIME JU1.,10. 2:26PM , II, i I f i i 1 i ti h~ ~ 3. 78 AC. t - a> I 4 ~~~} J.+~~Y Proposed DISTANCE ~ ' ~-~r ~=. Leach Field E 14.24" / 30' FROM GULLY ~ r ~ ~ \~ ~ r ~• 1 ~ ~ 5 y / NCHMARK ~ ~ BUILDING ENVELOPE / J/v / ESTABLISHED 3/14/96 / / /~ SJ~, r BY HEARING OFFICER / / / ` ~ 1 y / ~ ~~ ~, ~~ ~ j , / ~a p~` 4 q4P / ~ ~Op~ti4~'` i ~ ~ 1 $° Q 2~ / / ~ ~ / /~ ~ ~ ~ / ti ' ~° ' ~ '~ ~ /, / ~d ~ // / /' THE SLOPE EXCEEDS / ,fr // Jow BELOW THE /' TOP OF BANK / ~ /\ ~ ' 0° ~o Q / / TOP OF BANK ~ / / j ~ ~ ~ / r / r / / ~ .~ / l ~T~ / ~~ ~ ~ / / OF BNlKE IS 10' i r/ / 1 ~ // / / // / _ I / ~ ~ / / / / i ~° o~ VICINITY MAP ~ i a / ~ ~ / // //~ ~~'~•~* .•G~.% C~ n H@I~ ~~I ~'~ ~ ~ (III ~~i l PUBLIC NOTICE RE: O'NEAL/JOSEY REINSTATEMENT OF VESTED RIGHTS (P24-00) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, June 14, 2000 at a regulaz meeting to begin at 3:00 PM or as soon thereafter as the conduct of business allows, before the Boazd of County Commissioners, Plaza One Conference Room, 530 E. Main St., Aspen to consider an application submitted by Bill O'Neal & June Josey, requesting approval of a reinstatement of expired vested rights originally granted by Pitkin County Hearing Officer in 1996. The property is located on Dorias Way, north of Redstone and is described as a parcel of land situated in the NE '/< NW Y4 of Section 9, Township 10 South, Range 88 West of the 6th PM. The application/resolution aze available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further informatiotl, contact Taznaza Pregl at (970) 920-5103. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times on May 13, 2000 Pitkin County Account 002.02 8~C The Aspen Times •Saturday-Sunday, May 13-14, 2000 .Talent ^ contJnued /rom page 7-C ling a certain age group is invited to an open tryout. She also helps promising students audition for parts and introduces them to agents. Axelrod said she's interested in kids who are "recd and authentic, not Hollywood-savvy." That why she believes Colorado in general and the Roaring Fork Valley in particular are such a treasure trove. Kids here tend to be down- to-earth yet they have lots of expo- sure to arts, culture and creativity. Axelrod said she cats screen 3,000 people in one day and pick out the seven or so withYhe great- est promise. She believes she is particularly savvy about raw tal- ent. "Young people, new people, that's what I'm good at," said Axelrod Launching careers She's got the track record to back the boast. Her open call for a studio in 1993 led to Carbondale resident Hanna Hall getting signed ap to play [he "young Jenny" in -. .he smash movie "Forrest Gump." Hall, now 15, and Axelrod con- tinue to be great friends and busi- ness associates. Axelrod still helps Hall audition for parts. Monday, for example, they taped her read- ing arole. The tape will be sent off to a film casting director via Fed- era) Express, one of the essential cogs in Axelrod's business. Hall currently plays a key role in Sofia Coppola's first film as a director and writer. Hall plays Cecilia in'"I'he Virgin Suicides," a film that's drawn good reviews. Axelrod said `"Cho Virgin Sui- cides" is another boost to Hall's already promising acting career. "Hanna has had lots of agent, she said. And it often takes three or four years before an actor finds an agent. Reality check For every success story like Hall, Phillips or Bliss, there are many more sour experiences. "People don't undershmd how immensely difficult it is to he an actor," said Axelrod. "It's a mira- cle, it really is, that anyone gets to work." For Halt to land the part of young .fenny in Forresl Gump after participating in ao open call in the Aspen area is "like winning the lottery, the really big lottery." She said that sending a kid to acting school and expecting them to be a star is no different than placing a child in beginning gym- nastics with the expectation that they will win Olympic gold. She spends considerable time explaining to students how diffi- cult it is [o make it was an actor. She believes most of them under- stand. The parents sometimes have a more difficult time. On the other hand, the Roaring Fork Valley has pumped out more than its share of professional actors. On a per-capita basis, [here's no place [hat can boast as many. "It's crazy that it's happening here," Axekod said. "If this was in L..A., it wouldn't be newsworthy, but here, it is. The thing that's real- ly cool is there's no where else you could go in the U.S., except maybe Chicago and Florida, where so many people aze work- ing as professional actors" And that's what keeps Axelrod beating the bushes in a role she compazed to a 1940s talent scout. opportunities because she °There's no where was in `Forrest Gump.' Everyone's seen `Forrest else you could go in Gump.' Do you know any- one who hasn't seen it?" the V.$., exeeptmaybe she said. Another local actor who Chicago and Florida, received a lot of eazly sup- putt from Axelrod i5 Boti where so many people Bliss, who grew up in a tepee in Hunter Creek Val- are WOrIr5ing aS ley. Bliss has been in rough- ly 25 film, TV and commer- prOfe8810na1 aCt01'S. cial roles and landed a role in "What Women Want," a movie with Mel Gibson [hat opens in spring 2001. One of Axelrod's favorite success stories is ash Phillips, a talented guitarist "' who played in a variety of local bands, including Big Swifty. Axel- rod convinced her friend Phillips a few yeazs ago to check out one of her acting classes called The Emo- tional .Workshop, where partici- pants get to display some of their raw skills. She was "blown away" by Phillips' performance and per- suaded him to study with her for another 18 or so months. A talent agent who checks out Rocky Mountain Talent Pool stu- dents each summer took on Phillips as a favor td Axelrod. Almost immediately after moving to L.A. in early 1999, Phillips became successful. He's signed on w... for roles in five national television ads and is starring in a feature film called, "Stalled." `FHe is fully supporting hirdself within a year of moving to L.A.;' said Axelrod. The "general wis- dom' in the acting world is it takes at least three years [o land a job after getting picked up by an - Kether Axelrod She particularly likes the handful of open calls she is asked to do for studios each year. They often turn up promising talent, even if the actors aren't promising for that particular role. Even with one recent open call supplying some fresh talent, Axel- rod acknowledged she's at a point where she is pleading for new faces. "I am so desperately in need of new blood, particularly males," she said. Adults who are aspiring actors and parents of child actors are encouraged to call her for Rr]cky Mountain Talent Pool's summer brochure. Axelrod said she cannot meet individually with every kids who wants to act. But she can steer them into some relatively inexpensive summer classes where their skills will be assessed. Scholarships based on financial need are available for those class- es. Axelrod can be reached at 963- 0353. BEFORE SKI LIFTS Cm'ering t~l3R1 PUBLIC NOTICE. NOTICE. OF PUBLIC TRUSTEE'S SALE Nn x410 Ta Whom II May Concern: This Notice le given with regard [o [he following described Deed of Trust-. Uriginal Granor of Deal ul Tnlst (Borrower): ItIIX:E RUN LIMITED PARTNFJ25111P, A NEVADA LIMITED PARTNERSfIIP Uriginal Penelidary of Deed nl TmsL AIICII LEASING, INC., A WASHINIrrON CURP(1 ItA rIE1N Curren) owner nl the evidence nl debt secureA by the t)PeA nl Trust: ARCU LEASING, INC., A WASHING"EON CURP0. kA3'll]N I]nte nl I]ceFl nl Trust: Ikcembar 30. 19!19 lieoonling Ua1e nl DeeA nl Trull: December 31. 1999 County nl Recording: Pitkin korcptimJ Nu. nl RecurdeA Deed of TmsL 43!1155 Bank anA Page of Recanted Ural ol'I'ruxl: Rook Nn. N/A ('age No. N/A YI Ill ARE HEREBY NOTIFIF.I] That ADCO Izasing, Inc., a Washington cogxxration, as the legal r nl an evidence of debt, the original prin- cipal of which oval E652,ftLA.50 anA which is secureA by the Deed of Trust Aescribed above. has tiled writleal election and demand brr sale as provided in said Deed of TrusL'fhe oulstanAing principal balance doe and owing upon the evi- dence nl debt leaned by the abovedescribeA Deed nl Trust being foreclosed is E572,634.77 as of April 14, 21Np. The lullowing described property is all of the property encumbered by said Deed of Trust: I ul I6, RIDGE RUN UNR FOUR, according m the plat Ihereol recorded December 19,.1978 in Plat Rook 7 at Page 41 as Reception No. 21a1ft9. County nl Pitkin, State of Colorado THE LIEN OF TI{E DEED OF TRIISr TO BE FORECLOSED MAY NOT BE A HRST OEN TIIFRF}URF, NOTICE. LS HEREBY GIVEN That I will, al 10:00 o'cMck e.m., on the dale of June 14, 2000, al the south front door of the I'iikin County Courthouse, 506 E. Main Street, Aspen, Colorado. sell al public auction to the Itighes[ and best bidder for cash, the real prop arty described above, and all interest M said Grantor, the heirs, successors and assigns of saW Grantor, for the Darpose M paying the Indebtedness provided in said Continuing Guaranty and Walveq the Instrument of indebt- edness, and Deed of Trust, aaomey's lees and the esDensea of sale, and will deliver to the pur- chaser a Certllkale of Purchase, all as provided by law. Dale: April 28. 2x10 Thomas Carl Oken Public Tma[ee of the County of Pllkln, Colorado By: Corot L. Foote Deputy Public Tmstee ' First Publication Date: May 6, 2000 Iws[ Publication Date: June 3, Zap Published in The Aspen Times May 6.13, 20, 27, June 3.20011. (64845) Pl18UC NOTICE NoOCe of Fublic Trustee Sale No. 200009 TO WHOM rf MAY CONCERN: Vou are hereby nolllied that the holder of the indebtedness secured by the Deed of Tmat herein described, has Oled a Nalco of Election and Demand for Sale In accordance wflh the pro- visions of Me Deed of Trull and pursuant to the laws of the State of ColoraAO. The Deed of Tmst being loredoseA Is Aescribed as 1011Uws: Uacd ut Trust Pena: Grantor: Mkhael .L.hn Keeile To the Public Tnlstee ol: Pltkln County Original Renelidary: Alpine Bank Original Principal Balance: f91,753.00 Present Principal Balance: E91,753.00 Dated: November I6, 1999 As Reception No. A38057 The Deed of Tmsl encumbers the follow- ing described real property situate in the County of Pitkiq Stale of Colorado, to wiU Lot 33, Aspen Village Subdivision. According to the Pla[ (hereof recorded May 29, 1996 in Pla[ Bonk 39 al Page 73 as Reception No. 3931165, being all of the properly encumbered by the Deed o1 Trust. THE LIEN OF THE DEED OF TRUST TO BE FORECLOSED MAY NUT BE A FlRST LIEN. THEREFORE. nnllce is hereby given Thal I will, at IU:00 o clock a.m. on Me 31st Aay of May. 21XN1, al [he Slmth door of the Pitkin County Courthouse. 506 East Main Street, Aspen, Colorado 81611, sell al publk auction to the highest and hest bidder for cash, the real prop arty of Grantor. and the heirs and assigns of Grantor, for the purPOSe of paying the indebteA- ness secured by the DeeA of Trull, attorneys' lees, and eapenses of sale, end will deliver to purchaser a Certificate of Purchase, as pnrvideA by the laws of the State nl Colorado. Dated on April 5, 201111. Public Tmst¢e of the County nl Pitkin, Colorado Carol L. Foote Deputy Public Tmstee Attnmey /or Owner of F.Wdence of Debt: Stephen R. Connor, Esq. Stephen R. Connor, P.C. 323 Wesl Maln Street, State 301 Aspen. Colorado 81611 (970)9251275 First PnLlkalbn: Apr1115, 11Xp Last Publication: May 13, 20110 Published In The Aspen Times nn April IS, 22, 29, May 6, anA 13, La10. (63128) 1 PUBLIC NOTICE IRE: O'NEAWJOSEY RFJMSTATFLIENT OF VESTFA RICArrS (P2400) NOTICE IS HEREBY GNEN that a public hearing will be held on Wednesday, .lone 14. 2000 al a regular meeting to begin a[ 3:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room. 530 E Maln SL, Aspen m consider an application submitted by Bill O'Neal & June Josey, requesting approval of a reinstatement of aspired vested rights origi- nally granted by Pitkin County Hearing Officei in 14!15. The pmperty Ix Ixated on Darias Way, north of Redstone and Is described as a parcel nl lanA sllualed In the NE I/4 NW 1/4 ul Section 9. Township ]0 South. Range 88 West of the 6th PM. The application/resolution are available for public inspection in the Communlly Development DeparlmenL City Hall, 130 5. Galena SL, Aspen C08I611. For further informa- tion, contact Tamara Pregl al (97U) 9245103. Jeandte Jones, fkputy County Clerk &,arA nl Grunty Commssioners Published in The Aspen Times un May I1, Lap. PLBUC Ncmce ORDINANCE NI). 5 (SERIE4 uF zap) AV ORDINANCE OF THE CRY COII]CIL OF THE Cf1Y OF ASPEN, COLORAbO. TO AAIF.NU THE WIWAMS RANCH PLANNED UNR DEVELOP- MEYr APPROVAL Copies of the onliwnce may be oMained at the olfi<e d the City Clerk 130 5. Galena. Aspen. CMnrado. during rwrmai business himrs. FlNALLY adopreA. passM amt apprwM thu Rth Aay nl May 2ryN1. Pa•hel E Richards. Ma. or ATTEST. Yarhrvn 5. Krh Cdv Clerk 1'utJrshed in 77w Asfwm Tmf_s May 13, 2aN1. PUBLIC NOTICE CITY OF ASPEN PUBLIC AUCTION IN CONFORMITY WITH SECTION 24.08.060 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, AND UNDER THE AUTHORIZATION OF THE COLORADO REVISED STATUTES 7973, SECTION 42-0-'1103 AS AMENDED, A PUBLIC AUCTION OF THE FOLLOWING IMPOUNDED MOTOR VEHICLES AND USED TIRES WILL BE HELD ON SATURDAY. MAY 20, 2000. AT THE COUNTY DUMP (NINE MILES WEST OF ASPEN OFF HIGHWAY 82). THE MAIN GATE OPENS AT 8 A.M. FOR INSPECTION OF VEHICLES PRIOR TO SALE. VEHICLES MAY NOT BE STARTED WORKED ON OR CONTENTS REMOVED .UNTIL THE OWNER HAS PAID FOR THE VEHICLE AND COMPLETED THE PAPERWORK AT THE CONCLUSION OF THE AUCTION. THE AUCTION BEGINS PROMPTLY AT 8:30 A•M• THE IMPOUND LOT CLOSES AT 2:00 P.M. -COME PREPARED TO REMOVE VEHICLES BEFORE 2 P.M. THE FOLLOWING VEHICLES AND USED POLICE DEPARTMENT TIRES WILL BE SOLD: ' s.mee x.. auFOkuu 1 uww.ra F ,ea w~ede F Ira MSn CP . xws sr.v. s . 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MMMrdna, MwnSp LLM (ollee W,I<le i I Net In PI IOI Ia 95IiL155 n, 110 le 5 )SE xre5tll Onr.Pp Ibtlnl MIT-Li inll(A11 ll SSWYa If111r,M1 TERMS OF SALE i. All vehllAeelliree 9oW a ie, wham b. 2. All sales Onel. 3. No vehkles sdd to peroona under 21 years d age. /. Na vehicle appraised E200 ar lam can gbteln title. 5. MINIMUM d 525.00 on al vMides. e. Bidden will be asked to sign-In prbr to the audlon ana wAI receNe a bi0dm number fm plactgal bidA No eacap5ona. 7. A vehicb mfvadieed may Oe pulbd lrotn the audlon N the papenaork praxes K incompb4e by eltc0on data. A FINALIZED bt d vehidm to be EoM wIA he avallabk b all 911ende99 at R a.m. e. IT IS PROHIBITED TO ATTEMPT TO START, WORK ON, OR REMOVE ITEMS FROM VEHICLES UNTIL AFTER PAYMENT HASBEEN MADE AND PAPERWORK IS COMPLETED. 0. Caen, money orders, cashhYe d5ecks and LOCAL CHECKS YM711 PROPER IDENTIFICATION w11 bs accepted. (OwrOkp a dleck on a LOCAL bank, must present 2 forme d ID, I.e., photo ID srb a msja credN card) It unabb b provide IdemOMaNOn n slated shwa at Om 8Ta d payment, your check will rml W arapbd arW OIe vehida wAl be td audioned. 10. All vehicles sold will receNe a'&II Of Sale upon Dresentalion d payment to IM City of Aspen and upon removal d lha vehicb ban tl5a Impound Ld and OIe County Dump. 11. All vehicle MUST M psb ter M Iha condwion d the auclbn. 12. The CM d Aspen reserve UIe ADM b bid on aIM Ivry any vehicle. Tha coy may rMlne arty and eA btla artl troXwa Or rirm b bl+y wry tathbe n the suction a riM Ay1L 13. Yw rJiO be regrNred b renmaa Yeflk4ea by 2:00 p.m. at the day dtlr sumacs, w please mak4 advmKe artalgenmra (a rmrtwal da purchased vehicb. 14. The IatMfNDmrp b cbse0 on SSJMiya. 15. q you abandm a veFide m Cily a Canty PoDartY. Yo0 w7 ha proeexaAM for abstlwaN vehicN Fadm sedlon CR 18-3108. !£. The vehicle must be rv,rovM ban the ngaurq Ict BEFORE R car M saivped ka pans: ova may dispose d tlm vMCle a0erward by sipttYpri reTxiW ocerbthe'Ceunry DlanP'8as f3aorps In Or aaiYrb - . PuMbhed fn The/upen TMFe May 6, I3, 20, 2000: (01881) SI IRYACF:-AI.I. MINF:kA1,5 RELl1W 51111 IT MINF:. USMSSiLFII MINT NAME:RAINSP(1RM PERCEN'pU ACRF:S:I 0.82 UFSC NO 911RFACE~ALI. MINEkAi.S BI!hOW 6011 f0' MINE. LISM5:393fi MINE NAME:REGEN'1' I'F:RC'F:NT:I1 A(11tE5:IU.Lfi DESC NU SLItFACF.ALI. MINERAIS RELUW fiW FC MINE. USMS:6170 MINF. NAMESN(I WSTUIiM I'RRCEN'P.U ACRF_S!1.99 DESC NO SURFACE-ALL MINERAI S BF:LUW 5110 FC MINE; USh14;3437 MINE NAMFi FIGF:R PERCEN'1'9 ACRES:111.2G DESC NO SURFACC.ALL' MINERALS RELUW 5110 FT MINE, DSMS:Q148 MINF. NAMF:IOWA #2 PERCEN'I':0 ACRES 111..1.1 DESC NII SURF'ACFALL MINERALS BELfIW SOU FT' MINE. USMS:694R MINF. NAMECASCADF. #2 PF.RCENT:O ACRE5:111.93 DESC. NO SIJIi1TCE-ALL MINERAIS BELOW fi11U PI' BK:0387 P(ii1R71 19!19 TAX 6.481N"C045 ADV 200.00 FEE. 4.1X1 TOTAL UUE: }210.93 RUIG473 STEIN MARJl1RlF. R LLhP fi2.92'X INI' STEIN & ZVLFER TRUSTEES 37.08% IN'C PO ROX 11147 ASPEN, CO 81612 SF.C'I', I WN,RNC,:1-1085 UFSC: I'FNCT UV LAND N(3T CON"CIGU(lU5'I'O RFSC UP STEIN PROPERTY (#:1898). LOCACED AT THE BOTTOM DF CF.MFTF.RY LN; THE RIO GRANUE'I'RAIL RUNS (1VER PHIS PROPERTY MCLAIN FLATS RD ASPEN 1999 TA% 9,717.04 INI' fiR0.19 AUV 70.00 FF.F: 4.110 TOTA1, DUE.: 810; 771.23 RW7A7I S'I'UDEBAKER KRIS'CEN G ESOR IfiTll AVF. SW SEATTLE, WA 9RIIIfi SUB:CRYSTAL RIVER COUNTRY ESTATES RhK:21.0'C:13 RK:U4fi1 PG:0273 BK:071R PG:0355 BK:11032 PG:0031 CRYSTAL COUNTRY CIR CARBONDALE 1999 TAX 1,152.64 IM'$0.6R AUV 5(1.00 FEE 4 fNl 'COTAI. DUE.:81,287.32 NlIlN15:325WEARINGEN WILLIAM F' affil) F.AGLER(JCK OR DURAVIhLE, GA 31134M 111.5 CONDO: ASPENHOF UNIT:302 BKU671 PG'09fi2 51113112 F. COOPER AVF. ASPEN 1909'IAX 2,IIG9.4A IN'f I44.8fi ADV 45.00 FEE 41X) `/ TOTAL DUE: 52,263.30 /T\ ROIfi834 TALhMAN JOSF,PH P SNOWDEN ELIZABETH M 3AU INCA PKWY ROULDF.R, CO 80303 SUB:ASPEN HIGHLANDS VILLAGE PUD BLK:G L0T:8 MAROON CREEK RD ASPEN 1999 T'AX 19,209.80 IN'C 1,344.69 ADV 50.00 PEE A.W TOTAL DUE: (20,608.49 ft006461 THOMSON SHAWN S 117 AABC x106 ASPEN, CO 81611 SUB:GATEWAY OF SNOWMA55 MESA BLK:I ASPILN 19119 TAX 30.'22 INT L-I L AUV G6J)0 FEE; 4110 Tll'IAL IIUE: 8101.34 ' k00(I805 WE99' END PARI'NE2SHIP LLC .520 E 0001'ER AVE ASPEN. CO 81811 SIJR ^'CY AND TUW NSI'CF. liF ASPEN ^LK:AY LOT.K. L & LOT:M 801 N SECOND S"C ASPEN 1999 TA% 3.551.74 TNT 248.62 ADV 45.1111 FEE 4.1111 TU'CAI. DUE: 88,849.SG RW1097 WILLE'I7E NANCY I INI CUVLER RD PRINCETON, NJ fIri5414.1408 CIINDO: RIVERSIDE CONDOS UNIT:1 DESC. I31.DG. A RK:OfiRS PG:111611 11124 IA F. COOPER AVF. ASPEN 1999IAX 951.08 INT 6fi.5A ADV A.5 W FEE 4.00 TOTAL DUF.:.E I,O6f.6fi RINI71fi3 WINSTON KAREN G & JAMES R 1458 KINf,S RD LOS ANGELES, CA 9(X169 SLIB:0006LE K RANCHES SUBDIVISION LUT:17 93 HORSERHUE DR BASALT 1994 TAX 3,157]4 INT 221.(14 ADV 45.W I'EE 4.00 TOTAL DUE: 83,427.7A RO1184.5 WOODSON RONALD G IIULLENUFR MARFIN R 68111 CRAYSON MT DIi IAWTUN, OK 735115 CONDO. CHAMONIX AT WOODRUN UNIT:33 BK:U592 PG:0516 BK:04A1 PGO86V 47fi 33 WOOU RD SNOW MASS VILLAGE 1999 TAX 1,SRfi.94 TNT 113.22 ADV 51100 FEE 4 00 TOTAL DUE 82,OE4.16 The above listed laz liens nn real estate will be publicly sMd at the n(lice of the Pitkin County Treasurer al 9:011 AM on November 2. 20W. All purdmses most he made by cash or certified check the day o[ the sale. Carol L. Pnme, Chief Deputy Pitkin County Treasurer Slate of Cnloredo PublisheA in the Aspen Times Ostoner 7. 14, 21, 21NN1. (75(192,751193) PUBLIC NOTICE, PLEASE l'AKE NOTICE: That [he Board of County Commissioners M Pitkin County, Colorado, at its regular meeting on September 27, 20011, and after aduly-noticed public hearing, adopted the following 0«linance: AN ORDINANCE OF THE BOARD OF COUN- TY COMMISSIONERS OF PITKIN COUNTY, COL ORADO. ADOPTING AMENDMENTS TO THE PITKIN COUNTY LAND USE CODE SECTION :380. 070, WILDFIRE AREAS Notice nl Public Hearing published in The Aspen Times on the 2nd day of September, 2000. Copies of the full text of the Ordinance are avail- able for public inspection during regular office hours in the oliice of the Clerk and Recorder, 530 E. Main SL, Aspen, Cobrado RI611. Phone: (970) 9265180. LOT:fi DESC: FILING 3 BK:0366 Jeanette loos PG-0895 BK:04R3 PG.01;47 RK:0489 Deputy Cmmty Clerk PG.03558K:0585 PG:UG25 Published In The Aspen Times on October 7. IR91,IffIT NII,I, RD BNOWM1IAFR 2111X1. (1511fi1 1!Il1!1'IA%:1,725911 INT 2611.H'L AI1V ;41111 Fl:k: 4.1X1 I'URLIC NII'UCF. T(1'I'AI. DIIF.: 84JNS.yA X NIyCICF'. Iti 11141tIi11V GIVEN l(1 l'I II'. OISNI212A1. PII9LIC: Un August 23, 20110, the BuarA of R00740fi THURMF.R FRI'CZ KARL ' County Commissioners of Pitkin County, HURMER MARGARITA GARRA$GD DE T Colorado, adoVled ResolW ion 1742000, grantF IR REDSTONF. RLVII ng approval for the reinstatement of vested real REDSTONE, Cll RIfi23 Vroperty rights and a minor amendment to a SUR:CRVSTAL RIVER PARK SECOND ADDI ' ' development Permit Io flYgypmtOY4eal.dtd JuPe I :IR LO ' .bs~y. The subject property Ls a tract o[ land sit- h.5 RUBY MTN RD REU$ CONE oared in the NEl/4 NWI/4 of ledion 9. Township 79!14 "FAX 3,904.Ii8 INT 213.33 ADV 50.00 10 South, Range SR Wesl nl the 6th Principal PEE: 4.OU Meridian. This aVP«rval of o site specific devel- TOTAL UUE: .84,212.01 opment plan includes a vested Property right ' Pursuant to'Cide 24, Article 68, CRS. ULAND PAUL & KCCCHINER ROSIE .IT 1211118227 T Jeanette Jones 'CF.NANTS ' Deputy County Clerk ONF. CLOSE. 19 WHCTST Published in The Aspen Times on Octoner 7. MILTON KEYNES MK 13 2011(1. QSI l3) 7PP UNITED KINGDOM. CONDO: STONF:BRIDGE INN UNIL409 PUBLIC NOTICE. :3011 AIXI CARRIAfiF. WAY SNOW MASS VIL-X NOTICE 13 HERF.BV GIVEN 1'U THF. GENERAI. I,AGR 1!1!19 TAX:12 29 ADV A5.1117 FF.E100 721NT 2 PUBLIC: On September 27,2011[1, the Boa«I of . . 8841)1 'IUTAI DIIE County Commissioners of Pllkin County, . . Colorado, adoVled Resolution 1902(1W, Branti- RIII 1660'POFCENIIOFP JOAN P ng major amendment to a special review, special A LIMITED PARTNERSHIP revimv, and GMQS exemption to the Pitkin SILVER CT 325412EF County Public Works Depazimenl. The sabjed . ASPEN C(1 81611 property is a tract of fond situated In lesion 34, , CONDO' CENTENNIAL UNIT:C-LOfi Township 9 South. Range 8.5 Wes[ of the 6th ISK:0537 PG UL IA Principal Meridian. This approval of a site spe- . 5 C20fi FREE SILVER C'I' ASPEN 32 silts development plan includes a vested pmp- . 1999 TAX 3754fi INT 2fi :f2 ADV 5(1.0(1 FEE arty right pursuant to Title 24, Article 6A, CRS. W .Jeanette Jones 'CU'I'AL DUE: 845f 2K Deputy Cnunly Clerk ' limes on October 1. PublisheA in The Aspen '5112 81100741 TRUESDELI. FAMILY PAR'CNEItSHIP S C/11. OPRIS MTN RANCH PO B11X .548fi SN(IWMASS VILIAGF. CO RI515 LU'1' 8. SECTION LK TOWNSHIP 8 SOUTf1, RANGE H7 WEST U.S. PATENT NO. 05$0-0026 SERIAL NO. (: 122311 ROOK 405, PAGE. 4119 DEED BK G53 PG A45 1949 TAX 3,1117.18 INT 211211 ADV Sp.Bn FEF 4 (Ill 'CO'PAL IJUE 83.LR2.38 21X10. (r ) ROOIiIIN4 UNKNOWN OWNERS ~ MINING CIAIM$ 506 E MAIN ST ASPEN C(1 Nlfill MINE, IISMSa 845:4 MINE NAMF::BIf FUIIR PLRCENT:11111 ACRF9:.45 UFSC. IN THE ROARING FORK MINING DIS'I'kIC'I'SF.CT,TWN,kNG:1111185 - ASPEN 1999 TAX fi,041NC041 ADV SSfIII FEE 4.lll1 TU'CAL UUE: 565 4fi PIIRLIC NU'IiCF. PLEASE'I'AKG NOTICE: That the Board of County Gmm~issirnlers of Pllkin Cnunly, Colorado. at Its regular meeting on September 27, 2081, and alter aduly-noticeA punlic hearing, adopted the following Resolution A RF.SOLl1T1(1N OF THF. BOARD UE COUI0. TV CIIMMIS510NER9 (IF PITKIN COUNTY. COL- (IRADU, APP120VING THE WEST HU'CTERMIhK MF,lROP01.1'CAN DISTRICT SERVICE PLAN (I'101tW). Notice of Public Hearing PublisheA in The Aspen Times nn September 9. 2UI10. Copies of the lull text o! the Resolution are available fur public inspecion during regular u(lire hours in the ol[ice of rho lJerk and Recorder 5311 E. Main SL, Aspen, Colorado Rlfil 1. Phone (9711) 921},SIRO. ,leanelte Jones - Deputy Cnunly Clerk PoiLlishetl in T'he Aspen Times on October 7, 21100.(75114) Rnerifi74 WAGNfa2.IAhIF,S M PI1 R(1X 832 ~/ ELKHART IN 4fi.5140R12 n EDNIX): POKULODI LOUGE UNIT:411G RK:UAIiIt P0.0672 25406 UAhY LN 6NDWMA.93 VILLAGE 1994'CA% 161.75 IN'C 9.f8 AUV 45.VV FEE. 4.OU TGTAL C1UE 8220.03 R1111G0:r7 WATERMAN P.LIZARETH \'AN ETTEN C/O F.LIZABE"Ilf GILI3FRl' fi93q FARKSIUF. AVE SAN DIEGfI, G Y'L1:19 MINF:, USMS:R47P h11NF. NAMF:PRIDF. OF 1'IIF. S(1U"CI I PFItCF.NT:0.52 ACRF:S:Ofili UPS('.: MINF.RAh RIGIiTS I1NLY SECT: CW N,RNhil I-I 1.45 UFSC 111(IIfLAND MINING DISTI(IC"C PUBLIC NOTICE PLEASE TAKE, NO'CICE: Thal the &la«I of County Commissioners of Pitkin County Cnlomdo. at its regular meeting on September 27, YINNI, and n(ler aduly-noticed Vublit. hearing, adoVled the following RcsNulion: A Iih:SULU'CION OP TIIE 130ARD OF GDDN- TY COMMISSIONERS OF PITKIN COUNTY, CUU OINDO, APPROVING T'HE Ii111.LANU HILLS MR'C- Rl1POLiTAN DISTRICTC SERVICE PLAN (PlOlill(U Notice o1 Public Hearing published in The Aspen 'l'imes on September 9. 2000. Copies ul the full text ul the Resolution are available for punlic inspecion during regular nlfice hours In the oliice .d the Clerk anA Recorder, 530 F.. Moin FL, h Pen, Calnra<Io 811111. Phone: (970)!120.51H0. hwnette.lmres Deputy (:aunty Clerk Puhlished In The Aspen Times on ITetoher 7. 2111111. 175115) PUIi1JC NUTICh NO'PICF: OF TIJE FILING OF A PETITI(N FUR INCLUSION OF RFAI. PRUPF.RTV IN THF. ASPEN CONSOLIDATED SANITATION DISTRICT The Board M Directors of the Aspen Consolidated Sanitation District hereby gives notice Thal on September 5th, 20(10 the lollowing petitioner Robert Uean Bowden, filul anJ pe& tinned the Board of Uirecbrs of the AsVen Consolidated Sanitation District In include it said district real properly owned by the above party, which -Property is more specifically described as follows: Lot 1. A4aroon Creek SubAlvisinn, 14]11 Tiehazk flood Lnt 3. Maroon Creek Subdivision. Tiehack Road Lot 4. Maroon Creek Subtlivision, 1360 Tiehack Road A hearing on the petition has been set br 4 PM. on Tuesday the 7th of November, 2000, al the Aspen Consolidated Sanitation District Ullice, 5fi5 N. Mill Street, Aspen, CU, al which lime an oven meeting on the pellliun will be helA before the Board of Directors of the Aspen Consolidated Sanitation District. All persons interested shall appear at the time and place stated above and show cause in writing why the petition should not be granted. The Board o[ Directors of said District et the lime and place mentioned above shall proceed to hear the petition and all written objections Thereto. Failure of any person in the existing District to file a written oblection shall be taken as an assent as his part [o the inclusion of [he area described in the notice. The Board ul Uirectors shall determine it such annexation m inclusion is feasible and In the best Interests of the Disiricl. which action shall be final and con- clusive and not subject to review. Ry order of the Board of Directors of the Aspen Consolidated Sanitation District dated September 5, 2000. Michael Kelly, Secretary Aspen Consolidated Sanitation District Published in the Aspen Times October 7 anA 14, 20110. Q509A) PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public nl the approval of a site specific development plan, and the creation of a vested Vroperty right pur- suant to the Land Use Code of the City of Aspen and Title 24, ArUCIe 68. Colorado Revised Statures, pertaining to the following described Vroperty: Block 57. City and Townsite of Aspen, by Ordinance of the City Council numbered 42, series N 201q. For further InlormaHon contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept 130 S. Galena Sl, Aspen, Colorado (970)9205090. Published In The Aspen Times on October 7, 2000.(75109) PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific developmenC plan, and the creation of a vested property right pur- I suant to the Land Use Code of the Clty of Aspen J and Title 24, Article 68,-Colorado Revised Statutes, pertaining tP the lollowing described properly Lols K-M, clock 72, Clty and Townsite n! Aspen, by mson;Uan of tlrr_ HlMnric Preeervatinn Commission numbereA 46, .canes o12W0. Fnr further inimmallon contact Julie Ann WoaAx, nl the AXpon/Pllkin Cominunlly Uevelnpmenl Dept. 130 S. Galena SI, Aspen, GrlornAn (9711) 910.51X111. I'ubllsheA In 'T'he Aslwl 'I'hnes un Uclobrr 7, 20(X1.(75110) PUBLIC NOTICE RF: DOREMUS/SILVERMAN SUBDIVISION EXEMPTION FOR A LOT SPLIT NOTICE IS HEREBY GIVEN Thal a public hearing will be held ml Monday, October 23. LUOU, a1 a meeting to begin at 5:00 p. m. before the Aspen City Gmncll, Council Chambers. City Hall, 130 S. Galena St, Aspen, to consider an aVPlication sahmRted by Jack Silverman and the Doremus Family Lindted Partnership requesting approval fur a Subdivision Exemption br a Lot Split. The proVCrty is located at fi00, 610, and 612 W. Francis and is dPSCribed as Lots P-5, Block 21, d the City anA Townsite of Aspen. For luriher information, conlacl Fred Jarman at the Aspen/Pilkln Community Development Department, 130 S. Galena 66, Aspen, CO (970) 9105102, IredlO'ci.aspeacA.us. s/Rachel Richards, Mayor Aspen Cily Council Published in The Aspen Times on October 7, 211(10. (75106 PUBLIC NOTICE NOTICE OF THE FILING Oh' A PETITION FOR INCLWION OF REAL PROPERTY IN THE ASPEN CONSOLIDATED SANITATION DISTRICT I'he Board of Uirectors of the AsVen ConsolidaleU Sanitation District hereby gives notice that nn September 5th. 20W the lollowing pelitluner Joyce Fisher, filed anA petitioned the Boanl of Uirectors of the Aspen Consolidated Sanitation District to include In said district real property ownrwl by the shove party, which pr~p- erty is more specifically described as Inflows: Lot 6. Maroon Creek subdivision, 1230 Tiehack knad. Parcel LD. # 273511309Wfi A hearing on the petition has been set for 4 PM, nn Tuesday the 7th of November, 2000, ai the Aspen Consolidated Sanitation Disiricl Office, 565 N. Mill Slreel, Aspen. CO, at which time an open meeting on [he petition will be held before the Board of Directors of the Aspmt Consolidated Sanitation District. All persons InleresteA shall aVPear at the lime and Vlace stated above and show cause in writing why the peDlion should nut be granted. 'T'he Board nl Directors of said District at the Time cold place mentioned above shall Vroceed to hear the petition and all written objections [hereto. Failure nl any person in the existing District to file a wrillen abjecllon shall he taken as an assent as his Vart lu the inclusion of the area describeA in the notice. 'ChB Board nl Thal the .clalemenis made in the Vrrilied Petition Inr Name Change are True: That the desired change of name Is proper and not detri- mental to the interest of any other person, and That the request of the Petitioner should be granted. IT IS URUFRED: I. TAat the name nl Sua G. Dukes is changed to Sue Anne frillilh. 2 Thal the Petitioner shall, wilbin Iwmrty (20) days Irom the dale hereof, of give public notice of such change by publication at least Three (3) limes in'Chc Aspen Times, a newspa- per, PublisheA in Pitkin Cnunly Uated: BY INE CUUR'F By: s/Erin Fernandez-Ely, Gnmty Court lodge CF.R'CIFICATF. OF MAl1.ING Glenna L. Meblick, Clerk ul the Court/Uepuly Clerk 9/7/Ira Published in The Aspen Times on September 23, 30, anU October 7, 20 W. (74796) PUBLIC NOTICE NOTICE OF FlNAL SETTLEMENT PROIF.CT # HB IIR21-040 SUB ACCOUNT #11266 In accordance with the notice provisions con- tained im38-2G10i C.R.S. 1973 as amendeQ the DEPARTMENT OF TRANSPORTATION. STATF.OF COLORADO has established October 24, 2000, as the date nl final selilement with Kiewit Western Gr., Project # HB 0821-040, tussled on Scale Highway A2 beginning IIX miles north- west of the City of Aspen and extending app«rx- Imately~2.9 miles southeasterly consisting of major remns[ruclion which includes grading, landscaping, aggregate base course, but bitumi- nous pavement, bridges, retaining walls, CBC, drainage, guardrail. lensing, irrigation, signing. and striping Claims comaining a verified statement of the amounts due and unpaid must be In the form of a written affidavit and must be received by the CONTROLLER, Deparlmem o[ Transportation at 4201 E. Arkansas Avenue, Denver, Colorado, 80222, on or before 5:1X1 p.nl. of the Iinal setlle- menl date above. .John N: IlnhewusL Chle! F:nkblrer, Ulvislan of l Ilghways Published in The Aspen Tirnes nn Uclober 7, 14, 2000.(75094) ' PUBLIC NOTICE A copy of the 1999 Annual Report of the North Star Foundation. a private foundation, is avail- able at Kaufman & Peterson. P.C. 315 Easl Hyman Avenue, Suite 305, Aspen, Cobrado 81611 for inspection during regular business hours by any citizen who requests inspection within 180 days otter date of this publication. The address of the principal office of the North Star Foundation is c/o Kaufman & Peterson, P.C.. 315 Eas[ Hyman Avenue, Suite 305, Aspen, Colorado 81611. Ics agent Is Brooke A Peterson, Esq. Published In The Aspen Times on October 7, 2000, p5U95) / PUBLIC NOTICE ( DISTRICT COURT, PITKIN COUNTY. COLORADO lull AcROn No. OOCV281-2 NOTICE OF HEARING ON PETTION IN THE ORCANCLATION OF BIfC- TERMILK METROPOLITAN DISTRICT. PITKIN COUNTY, CO!.ORAGJ PUBLIC NOTICE IS HEREBY GIVEN Wal there was IRed in the District Court in and (or the Cnunly ul Pilkln BnA'8late of Cnlaradn, nn the 281h ring ul Srplembnr, 2111X1, a Prlillou nnlb UrA `In Ibe Uryanizatlon ul Bultennilk Mrtrnpnlilnn Dlslrlrt. Pil41n Couny, Colorndn", which 1'e0tlon Prays fur the nrkanlzaliun nl a metropolitan district. pursuant to the provi- sions of Title 32, Article 1, Part 3, .Colorado Revised Statutes, as amended. The District will consist of the entire Wes[ 8u[tennilk Subdivision, F.agle Pines Sundivision, the West Buttermilk Pfister Tracts t-.5, the Owl Creek Ranch and East Owl Creek P.U.D. The pro- posed District boundaries are described in the legal descriptbn attached as Exllibil "A'. The proposed Disiricl will have all the powers'of a metropolitan district as enunciated in C.ft.S. 32- 1-I03(IID as limited by the Service Plan approved hY the Pitkin County Rna«I of Commissioners by resolution ml September 27, 21XIU. No later Than ten days before the Ilexring. the owner of any real properly within the pur posed District may file a petition with the Court stating reasons why said property should not be includeA in the proprr-aeA Uiatricl anA regoesling that said real property be excbided tlwrelmm. Such petition shall be duly verifle[I and shall describe the property sought Io be excluded. 'ChB Court shall hear said petition anA all objec- tions Iheretn at the lime of the Ilexring on the Petition bn (irgonizalion and shall Aetermine whether, in the best public interest. said proper- ty should be excluded or Included in the pro- posed special district. NOTICE IS FURTHER GIVEN that by an llNer of the District Courtin and for the County of Pitkin, a public hearing on said PetiOOn br will beheld at the hour of 8:30 a.m., organiratinn at the G:vfield Gnnrty Court lucalal al 1119 Rih 9ireel, GlenwouA Springs, CO an 'T'uesday, the 24th day nl October, 20W, ai wlHCh time and place any interesteA Parties nr persons may appear it they su Acsire, within the imilal Ions provided by law. loch interested parties, as Relined by the Cxndml Act Title :12, Article I. Par[ L, Ck.S., as amended, are as follows: I. The governing body nl each mwlicipali- Iy ov special district which has levied an ad val- orem tax within the next preceding tax year and which has boundaries wilbin a radius of three miles of the proposed District boundaries; end L. Any residents nr properly owners with- In the proposed special District. Any such Inter- esteA party or persons who has appeared anA presented his or her oblections before the Board of County Commissioners of Pllkin Count shall also have the right m appear and he hearts at the hearing on the Court Petition for the orga- nization of [he District In the even) the Court o«lers that the. question o[ the organization o[ the proposed District be submitted In the electors of the prtr I ~ net I1f th I fines Subdivision: Rereptinn p12fi4fi1. Ronk ; Page 93; Reception k17354.5. Rook a5. Page • Reception #384655. Nook 3fl. Poge 3: ftecepti #4151'21. Rook 44, page 69; West Rutlerm Subdivision: Recepilon #427986. Rook 4R. Pa il: Rereptinn #4431fi2. Rook 53. Page ' Reception pA42957. Book S:i. Page 34; Fasi O Creek Subdivision: Reception #312911. Book Page 82: Reception #3138fiR, Book 598, Page 2! Reception #346317, Bonk 29. Page l7; Owl Cre Ranch Subdivision Recepilon #2Afi8d2. Rook Page 45; Receplinn #334fi11fi, Bnok 26. Page ! Reception p351663, Rook 30. Page 14: Recepti #432795, hook 50, Page 36; West Bullerm Pfister Tracts: Reception #:Ifi1N14R, Rnok 32. Pa 3!I Reception g4366ri5. Ronk 51. Page I Receplinn p437801, Book 51, Page 7 is Recepll #442956, Book 53, Page 33 as recorded with 1 Pitkin County Clerk and Recorder's Office. 'r "service area" nt proposed District includ Pitkin County's Airport Ranch Properly and t Aspen Pitkin Cnunly Airport. Puhlished in the October 7, 20011 edition of T Aspen Times, weekenA edition. (75101) PUBLIC NOTICE RE: HISTORIC INVENTORY TEMPORARY ST ON DEMOLITION PERMITS NOTICE IS HEREBY GIVEN that a VuP. hearing will be held on Monday, October 2000, at a meeting to begin al 5:00 p.m. ba the Aspen City Council, Council Chamners, (' Hall, 130 S. Galena 51., Aspen, to consider application snbmitleA by the City of AsC Community Development Department requ ing a temporary stay on demolition permits parcels that are proposed to he added to i "InvenFOry nl Historic Sites and Structures" I further iNormation. contact Amy Guthrie at ~, Aspen/Pitkin Comnnmity Develnpm~ DeparlmenL 130 S. Galena St. Aspen. CO (9 920.5(NJfi. amyg~ci.aspeaco.us. The following properties are all located in City of Aspen, Pitkin County, Colorado and proposed to be added to the "City of Asl Inventory of Historic Sites and Structurt These properties are being proposed to IncluAed in the demolition permit stay. 433 W Bleaker Street- Lots A-D and the west nl Lot F., Block 37. Owner: John J. and Janr Slrandherq. 4%A R. Cooper Avenue- Lols (}S, Block Owner. Vert Hklwell Investment Cory. 1101 E. Cooper Avenue- Lot 1, Anders. Sundivision according to the Plat thereof recd ed in Pla[ Book 8 at page 62. Owner: City Aspen. 827 E. Dean Street- Lots FRQ. Block 113. Owr Fleet While lr. 333 E. Uurant Avenue- Lots 61, Block 84. Owr Mountain Chalet Enterprises, inc. 100 E. Francis Slreel- Lots A-F. Block 63. Owr Regents of the University of Colorado. 925 Gibson Avenue- Unit 1, Urnan Bli Condominiums. Owner: Edwin C. Vare. 233 Gilbert Slreel- Lols 5-IR, Block 9, Eau Additon. Owner: Skier's Chalet LLC. 615 Gillespie Street-The east 1/2 0l Lo[ 5 and of Lots 6&7, Block 98, Hallam's Addition. Owr Elaine C. Hodges. 625 Gillespie Street-Cats 3,4, and the west 1/: Lo[ 5, Block 98, Hallam's Addition. Owner Cap O'Shana. 110 E. Hallam Street- lots A-I and K-5, Bruck Owner: Gty of Aspen. 320 W Hallam Street Lots N.O and P, Block Owne.: adargarete A. Uhl. 211 W. Ifapkins Avenue- Lots F&G, Block Owner. Heldl Vaughan 1996 Trust. 411 W. Nnpklnn Avenue Lnl+ P„F, and the n I/Z nl G. Illook :l!1.owner. I'nul Young III. 511(1 W Ilapklus Avenue- taus K-S, mock owner: IhnnnernnN CIA. 1022 E Hyman Avenue Lot 2, Malny/F,uli Subdivislon.Owner: John McCormick. 312 W Hyman Avenue- Lots FRQ, Block Owner: Jordan V. Gerberg. 3111 Lake Avenna Lms r7, Black 40, Halls AAdition. owner: Victor Alfred Lundy Trustee 120 E. Main Street- The east 20 feet of Lot M. of Lots N and O, Block 66 and the south 101 nl the vacated alley through the block adjac anA contiguous lu said Lots. N and O and' easterly 20 feel of Lot M, Black 66. Owner 12 Main Street Partners LLC. 23Y W. Main Street- Lois K-M, Block 51. Owl Seven Seas Investment LLC. 238 W. Main Street- Lnls A-E, Block 52 Ow.. Innsbnmk Holdings LLC. 435 \V. Main S[ree4 Lots A-I, Perkins, Block Owner: ALH Holding Company. 630 W. Main Street- Lot M, Block 24. Owner: of Aspen and Aspen Mmmtain Rescue. 7311 W. Main Street- Lnts M-P, Block 18. Ow Luu Investments LLC ifi5 Meadows Road-Lot 2, Snobhle Subdivis (twner: Hollenhack Family. 7117 W- North Street -Lots G. H, and I, BIocN Owner: .IJDG LLLP. 215 Park Avenue Lot 4A. Independence ' Suhdivision.OwneC Crystal Palace Corp. 2211 Puppy Smith- LMS 2&i, Rbck 4, lakes AAditlon. Owner: City of Aspen. 1295 Riverside Drive- Lot 20, Rbck 1, River Sunrlivieinn. Owner. Anthony Welgns. X50 Roaring Fork Road -All of Lots 12.1:1,1: & part of Lots 10,11, and 14. Block 4, A Company Svbdivision.Owner Gall A. &Jemi Merriam. Lri &nuggler Grove Idrad - Cat 2, Il Subdivision Owner: Veronica L. Roselle. 63 Smuggler Grove Road -Lot 4, East Mea Subdivision. Owner: George Waller Harris II 949 W Smuggler Avenue Lols A-I, Bloc Owner: H.H. Vandermoer. 2W N. Tldnl Street Lots K, L, and M, Bloc. Owner:.lack Barker and Carryn AArianna B. Truss. 1280 Ute Avenue- Lot IG, Callahan Subdiv Powtlerhouse Condominiums. Owner: Mul Owners. 541 Walnut Street- Lnts 25, Block 1, William's Addition Owner: Angeline Griflitl Copeland-Twining Pioneer Park- Lol 2. We Subdivision, Black 36. Owner. City of Aspl s/Rachel E. Richa«Is, Mayor -Aspen Cily Council Published in The Aspen Times on Octob 2000- Q510.5) Directors shall determine i[ such annexation or 'n<auslon is feasible anA to the best Interests of which action shall be final and con- [he Disiricl Posed Ulstrict a1 an a upon to re < or a purpose, at saiA election [he eleclnre nl the pro- ~`// PUBLIC NOTICE posed District shall elect five electors of the x DIS'PRICC COURT PI'CKIN COON"FY. COLOR /\ ' , elusive and no[ subject to review. District Those elected shall onlstilute the &IarA of Direcors nl the Dlstrlc4 jF organizerL CICE OF HEA Civil Action No. OOCV2802 NO ON PETITION IN THE ORGANIZATION OF By order of the Board of Directors of the Aspen Two of the original Alcestis ore in serve until LAND HILLS METROPOLITAN DISTRICT, ConsolidateA Sanitation District dated they or (heir successors are elected and quasi- PITKIN COUNTY, GDLDRADD Se rtember 5, 2000. I IieA at the next regular election occurring in any PUBLIC NOTICE IS HEREBY GIVEN Michael Kelly, Secretary year lollowing Thal in which the proposed (here was tiled in the District Court in an Aspen Consolidated Sanitation District pistricl is organized, and three of the original the County o[ Pitkin and State of Colorad Published In The Aspen Times on Ocbber 7 end directors are Iu serve until the second regular the 28th day of September, 2000, a Petition IQ 21Nm. Q5099) elediml. Pursuant to Section 32-1-fN14.:i, CR.S., Iled "In the Organization of HoilanA a nomination for Airechrr In serve either term Metropolitan District Pitkin County, Color P(IRLIC NOTICE COLORADO CoUN'CY COUR'L PI'CKIN COUNTY may be made by selFnominatiml anA soap which Petition prays for the organization , lance form nr letter as provided in Section 32-1- metropolitan dislricl, Vursuent to [he I Case No. 1NICLUR RIIA a, C.R.S. with the time and manner ni tiling lions of Title :32, Article 1, Part a. Gdr f 1RUE12~POR CHANGE OF NAME loch form nr letter es directed in [he order of Revised Statutes as amended. IN THE MATTER OP "CHE PETITION OP Sue the Ui.mricl Court authorizing the election. . The District will consist of Lots withi C,. Dukes, Petitioner /s/ Clerk of lhu District Cann Pllkin County. Holland ldilis et Basalt Subdivision ax rea 1112DER F(1R PUIi1.ICATION GdnrnAo on March 27. 197(1 In [he Pitkin County ('Jar "The Court having revirwed the Verllled ExhilritA Recorder's Ollice al PIa1 Book 4 ai Pag[ PetlUon Inr Nome Change tiled in This matter The prnpwed Ruttennilk Melmpollieo except Lols L 2. I I anA SK in said Holland and and being advised In the premises finds and District includes the lollowing riot PrmlertY at Basal[ Subdlvislun. 'lire Prnposetl Ui orders az follows: within the boundares ul the Uisl ctrl Fagb boundaries are described in the legal de. 22-B 777e Aspen Times • SaturdapSunday, October 7S, 2000 +~. -~ .,~:.~ ASPEN/PITHIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: Attorney Zoning Crystal River Caucus CSFS Wildlife Biologist Cazbondale & Rural Fire Protection FROM : Tamara Pregl, Community Development Department RE: O'NeaUJosey Extension of Vested Rights 2729-092-00-007 P24-00 DATE: March 20, 2000 Attached for your review and comments are materials for an application by William ONeal/June Josey. This application will be reviewed by the Pitkin County Board of County Commissioners on June 14, 2000. Please return your comments to me no later than May 12, 2000. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. ASPEN/PITKIl~` z.'U1~IMUNITY DE VELOPMENT DEPAf _ _ ..rr,NT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5090 FAX # (970) 920-5439 Mazch 20, 2000 Jeff Bier P.O. Box 100 Cazbondale, CO 81623 Re: O'Neal/Josey Extension of Vested Rights P24-00 Dear Jeff, 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 Board of County Commissioners, Plaza One Conference Room, 530 E. Main St., Aspen, on Wednesday, June 14, 2000 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 application is available at the Planning Office. We have forwarded a copy of this application to the Colorado State Forest Service for refenal 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 a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property 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 appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Tamara Pregl, the planner assigned to your case, at 920-5103. Sincerely, Tenley Taylor, Administrative Assistant ~SPE1T/PITHI~( COI~II~IUNITY DEVELOPMENT DEP~RTVIE~iT -~}regiment for Payment of Pitkin County Development .application Fees PIT'~{IN COUNTY ihereirafter COL~iTti"1 and William D. O'Neal jitereinafter APPLICANT) AGREE AS rOLLO~"vS: 1. APPLICANT has submitted to COL~iTY an aopiieation for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Resolution No. 98-7 establishes a fee stracture 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 nct 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 parries to all APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICA~iT agrees he will be benefited by retaining greater cash liquidity and will mak:, additional payments upon notification by the COUNTY when they are necessary as costs are -incurred. COINTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT's application. V 4. COUNTY and APPLICANT further agree that it is impracticable for COUTiTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of Cottnty Commissioners to make lesally required findings for project approval, unless current billings are paid in fitll prior to decision. 1 10/19/1999 18:47 970963423801 MASON&MORSE PAGE 01 $, Therefore, APPLICANT agrees that in consideration of the COU'Iv'TY'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 S which is for hours of Planning staff time, and if actual recorded costs exceed the initial deposit. .-~P°LICA;`iT shall pay additional monthly billings to COLiVTY to reimburse the CC(."~iTY for the processinu or the application mentioned above. including post approval review. Such periodic payments shall be made tivithin 30 days of the billing date. APPLICA:~Z' furher agrees that faiiura to pay such accrued costs shai! be grounds for suspension of processing. PITKPi COLTITY APPLICANT Cindy Houben Community Development Director g:\sup port) fo rms\ugrpayptdac 12/30/98 ~I~~ ~ p M ~.D. O'~2A-~ Print came / /~ ~ ~~%~ ^ - Q n-~ Signature Dater/~ o l ~~ ivlailing Address: WI In O'M61-k JUNE J. JOSEY 242 KINSEY WAv GENOA, NEVADA @g411 ~... ~~ - cwt Z -~,~: -0~~-7 F TRANS TU: I wwe+a f~i o~.~ FROM:..~JID6~fn ~j~lawloY DA7'): ~{ I1 l~ RF: raxa: g~-s'N3't PAGES: Z (incl. cover sh(xa) ~es ewe fSGws3 i~w i4 i> ~~~ He ~"c o. ~ ?,l~. ' .~ ~1_....~ ^A. G...lai.s~ ~ae.~in, o... 'h.~ if~C. ~ .. wYC CAN . tare... 4S r zOR MAIN SfRF,PT, CARBONUALL,COI,URAfH)NIh'?3 • N7uPU`1-V7to • I~nx: lvnp7irt. (11x7 1>-MAIL: <:MARCHOrtiOYItIS.NEi 1lLL1Gi/%1 U,AARCf. ASHEN. UULpRAUU HI(ill • (Y701d'-v-I?8G • FAX:(9711)a?9-I?96 • F.•MAIL~. (iMARCll2 G!'S<)PKIS.VIS (~.:\SlnnJnnly\U~>vUlnCms\faz-vrnnsmrtvlLduc Td Wd6T:S6 T06Z 6T 'aEW 96ZT-6ZV-0L6 'ON Xtid J'1~ 'S1J311HJ?Jti 21II1Wi509Wtl~F1'J WOb~ ,.. -- A~~ ~.ta ~~ ie~~ '' i :~ ~~'~ / 1~,~"~' ,, s Zd Wd0Z:S0 S00Z 6S '1eW 95ZT-6Z7-0L6 : 'ON Xtid J~~ 'S1J31IHJ21tl 21IfNJiSOHWtl~C'J WOad 1 ~3° LJr~G ~Gw. '+~~,. RCLA p (970) 963-7123 Area To be Revegetated: 1. Regrade this area to natrual grade. 2. Cover with three inches of clean topsoil. 4/13/01 ©70:09 AM ~ 1/1 ~e~~ ~~ ~. <,i 3. All disturbed areas are to be sown with Pitkin County's recommended native seed mix with wildflowers seeds. 4. Mulch with two inches of straw. 5. Temporary irrigation shall be provided to all native seed areas for a minimum of 30 days, thereafter reduce watering gradually. See the Pitrkin County Seeding and Planting Guide (available at Pitkin Couty Public Works) for recommended seeding methods and rates. Pitk~ County Recommended Seed Mix Riparian Area Grass Seed: Arctic Rush Bluejoint Reedgrass Canby Bluegrass Fowl Mannagrass Slender Wheatgrass Tufted Hairgrass Western Wheatgrass Wildflower Seed: Rosey Pussytoes Blue Columbine Nuttall's Larkspur , Richardson's Geranium Skyrocket Gilia Silvery Lupine Evening Primrose Roky Mountain Penstemon Scarlet globemallow Ive's Fournerved Daisy Golden Banner Mulesear Wyethia Juncus arcticus Calamagrostis canadensis Poa secunda (syn. P. canbyi) Glyceria striata Elymus trachycaulus (syn. Agropyron smithii) Deschampsia caespitosa Pascopyrum smithii (syn. Agropyron smithii) Antennaria rosea Aquilegia coerulea Delphinium nuttallianum Geranium richardsonii Ipomopsis aggregata Lupinus argenteus Oenothera caespitosa Penstemon strictus Sphaeralcea coccinea Tetraneuris ivesiana Thermopsis montana Wyethia amplexicaulis August 9, 2001 Tamara Pregl Aspen/Pitkin Community Development Department 130 South Galena St. Aspen, CO 81611 Re: O'Neal/Josey 1041 Wildfire Hazard Review Tamara, Cola FOREST SERVICE State Services Building 222 S. 6th S[ree[, Room 416 Grand Junction, Colorado 81501 Telephone: f970) 248-7325 I visited Lot 4 of Redstone Unique with Herb Warmbrodt and Jeff Bier on July 23'd. Herb requested the 1041 wildfire hazard review for this parcel. Access will be from Coal Creek Road. There is c::rr~nt!y a rough driveway into the building envelope. This driveway does not originate at a right angle to Coal Creek Road. It would desirable to orient the driveway perpendicular to Coal Creek Road to facilitate future emergency vehicle access to any home. The aspect of the site is north with a slope in the 20% range. The vegetation is entirely aspen with an understory of Rocky Mountain maple and grass. There are very scattered young subalpine fir and spruce in the vicinity. I would rate the wildfire hazard as low to medium. Herb had been removing the standing dead and recently fallen aspen trees from the building envelope to facilitate maneuvering in the envelope. We talked about the growth habits of aspen and how it would react to construction activities. !also described what he should do to the aspen around his house since some trees were infected with internal rots and could come down at any time. My recommendations to create a defensible space for the structure are as follows. 1) For a distance of 10 -15 feet around all structures avoid keeping or planting woody vegetation. The vegetation within this perimeter should be low growing perennials or a grass that can be maintained at 6 inches or less. Hardscape materials like pavers, rock mulch or sidewalks will accomplish the same objective. Flammable material (e.g., firewood) should not be stored here. 2) It would be prudent to keep the native grass mowed to a height of 6 inches beyond the above perimeter for an additional 15 feet. So the mowed area around a structure should be 30 feet. it is okay to have or plant trees in this area. If conifers are planted they should be spaced so the crowns will be no closer than 10 feet at maturity (i.e., see enclosed sheet -Defensible Space Thinning Standards). 3) For a distance of 150 feet in every direction remove deadfall. Feel free to call me with any questions. Sir~cerely, ~~' '~ c.~-c~ Vince Urbina Assistant District Forester Cc: Herb Warmbrodt Defensible Space Thinning Standards The measure of fuel Itazazd refers to its continuity, both horizontal (across the ground) and vertical (from the ground up into the vegetation crown) continuity. Fuels with a high degree of both vertical and horizontal continuity aze the most hazazdous, particulazly when they occur on slopes. Heavier fuels (brush and trees) aze more hazardous (i.e. produce a more intense fire) than light fuels such as grass. Mitigation of wildfire fuel hazazds focuses on breaking up the continuity of fuels, both horizontally and vertically. Additional distance between fuels is required on slopes. STANDARDS for wildland fire fuel mitigation Tree: a woody perennial, usually having one dominant vertical trunk and a height greater than 15 feet at maturity. Spacing Requirements: spacing between trees must be a minimum of 10 feet between the edges of the crowns. This does not apply to mature stands of aspen trees where the recommendations for removal of ladder fuels (listed below) have been complied with. However, in areas of aspen regeneration (young trees) the spacing guidelines shall be followed. Brush and Shrubs: woody plants, smaller than trees, often formed by a number of vertical or semi- upright branches arising close to the ground. Brush is smaller than shrubs and can be either woody or herbaceous vegetation. Spacing Requirements: Spacing between clumps of brush and/or shrubs must be 2'/: times (2'/:X) the height of the vegetation. Ivfaximum diameter of clumps shall be 2 times (2X) the height of the vegetation. All measurements are made from the edges of vegetation crowns. For example: For shrubs 6 ft.-high-spacing between shrub clumps must be I S feet or more apart (measured from the edges of the crowns of vegetation clumps). The diameter of shrub clumps must not exceed 12 feet (measured from the edges of the crowns). Branches must be pruned to a height of 3 feet. Ladder Fuels: vegetative materials with vertical continuity that allows fire to bum from ground level up into the branches and crowns of trees. Potentially very hazazdous, but easy to mitigate. No ladder fuels can be allowed under tree canopies. In all other areas, prune all branches of shrubs (or trees) up to a height of 10 feet above ground (or one-half [%:] the height, whichever is least). The L~ ~° pruned material must be chipped on or Q~' ©1999 CSFS removed from the site. Grasses: Keep dead, dry grass mowed to less than 6 inches. Slope Adjustment Factors distance from structure for fuel modification: Minimum distance from a structure for brush, shrub, and tree fuel modification is 70 feet on level ground. Where only grasses exist and no additional vegetative landscaping is planned, minimum distance is 30 feet. Otherwise follow the slope adjustment table below. On slopes downhill from the house, defensible space thinning must be completed following the distances in the table below. Uphill and side distance retnains 70 feet unless your lot slopes in multiple directions. I % to 20% slope = 100' for brush/shrubs with 3x height separation distance 100' for trees with ] 0-foot crown separation distance 30' for grass; keep dead, dry grass mowed to 6 inches 2 I % to 40% s lope = I50' for bmsh/shrubs with 4x height separation distance 150' for trees with a 20-foot crown separationdistance 50' for grass; keep dead, dry grass mowed to 6 inches >40% slope = 200' for brush/shrubs with 6x height separation distance 200' for trees with a 30-foot crown separation distance 75' for grass; keep dead, dry grass mowed to 6 inches