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HomeMy WebLinkAboutpitkin.planning.273718100008 (3)DOCUMENT - LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and /or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2737- 18 -1 -00 -008 Application Date: 11/29/10 Case No: P103 -10 Description: Heyman Site Plan Review Planner: Mike Kraemer # Copies: 1 Allocated Hours: 5 Project Address: 109 MASCOTTE LN, ASPEN, CO 81611 % Over Hours: 6 Property Owner: HEYMAN Address 2035N MAGNOLIA LN CHICAGO, IL60614 Owner Phone: Owner's REP: TOM NEWLAND REP's Email: tomn @sopris.net Address: 417 ORIGINAL RD BASALT, CO 81621 REP's Phone: (970) 618 -9922 Referrals: ALL OTHER REFERRALS Comments Due Date: 01/12/2011 Other Referrals: Ardmore HOA 12/30/10 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 12/12/2010 Meeting Notes: Approvals: BOCC Resolution #: P &Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 023 -2011 #579062 Other Information: VR Approval Date: 04/05/2011 Plat Recorded Date: 04/12/2011 VR Expires Date: 04/05/2014 Plat (Bk, PG): B96 P76 #579064 Remarks vpn 4/24/11 Application Type: Site Plan RECEPTION #: 579062,04/12/2011 at 02:30:46 PM, 1 OF 3, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, GRANTING THE HEYMAN SITE PLAN APPROVAL Administrative Decision No.2�2011 RECITALS Bruce Heyman (hereafter referred to as "Applicant') has applied to the Community Development Director of Pitkin County ( "Director') for Site Plan approval for use of a GMQS allocation that was previously received. The allocation affords the Applicant the ability to construct a 2,197 square foot addition to an existing residence. 1. The Lot is located at 109 Mascotte Lane and is legally described as Attachment A. The Lot is within the Aspen Urban Growth Boundary, is in the R -15 zone district and is approximately 1.29 acres. PID273718100008. 2. The parcel contains an existing residence that received a Certificate of Occupancy in 1979. A 1041 Hazard Review was approved pursuant to Administrative Decision No. 54 -2006 (Reception No. 525417). The building envelope was recorded at BK 88 PG 97. More recently, the parcel received a GMQS approval for 2,197 square feet of additional floor area above 5,750 square feet. This approval is formalized under P & Z Resolution No. 06 -2010 (Reception No. 573014) and BOCC Resolution No. 062 -2010 (Reception No. 570413). Covenants for the additional floor area are recorded at Reception No. 574661 but were re- recorded to fix a floor area error in the document. The correct and final document was recorded at Reception No. 575731. 3. Pursuant to condition #3 of Administrative Decision No. 54 -2006, the Applicant has removed the carport on the east end of the property. 4. The property is not mapped within a scenic view protection area and the proposed development has been located within a previously approved activity envelope. 5. The affidavit of public notice was mailed on December 10, 2010 to the adjacent property owners of the subject parcel. No objections were received within 30 days. Public notice was published in the paper on December 12, 2010. 6. The Director finds that the site proposed for development meets the criteria for site plan review, specifically sections 7 -20 -10 and 7 -20 -130. APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit fftiew. Structures represented in the application may not be permitted under building and zoning regulations. Page I of 2 a3 -wil 3. Prior to submission of any future building permit applications, the Applicant shall submit for approval by the County Attorney and Community Development the amended site plan dated 4/23/2010 in accordance with 2.1.12of the Pitkin County Land Use Application Manual. The above referenced approvals shall be a condition precedent to finalization and recordation. 4. The Applicant shall comply with Administrative Decision No. 54 -2006, P & Z Resolution No. 06- 2010, BOCC Resolution No. 062 -2010, and the GMQS Covenants Recorded at Reception No. 575731. 5. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the comers of the envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until work is complete. 6. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one growing season of the project's completion. 7. 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, 2- 20 - -17 gnd C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on A D�1 I b" , 2014. 8. Failure to comply �with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. PUBLISHED AFTER ADOPT ON FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the on day o , 2011. APPROVED by the Director, this S b, day of A O 1 , 2011. A ." (Y'n C-,rA Cindy Houben Community Development Director M4 273718100008 P103 -10 Page 2 of 2 Attachment A Legal Description Subdivision: SMUGGLER GROVE SUB Lot: A Section: 18 Township: 10 Range: 84 THAT PART OF RIVERSIDE PLACER USMS NO 3905 DESC BY MB EXCEPTING THEREFROM THAT PORTION DESC IN DEED TO COUNTRYSIDE ASSOC RECORDED AUGUST 23. 1971 IN BK 251 PG 327 BK 537 PG 409 DESCRIPTION OF SAID TRACT OF LAND INCLUDING IMPS SITUATE THEREON ALSO M &B MINE: RIVERSIDE PLACER - 3905 0 ACRESPART OF PO Box 4815 417 Original Road, Unit B Basalt, CO 81621 Phone (970) 927 -4645 Fax (970) 927 -0196 tomn @sopris net November 29, 2020 Mike Kraemer, Planner Pitkin County Community Development Department 230 South Galena Street Aspen, CO 82622 RE: Site Plan Review log Mascotte Lane, Aspen, SPID #2737 - 181- oo -oo8 Dear Mike: Please accept this letter and accompanying attachments as an application for approval of a Site Plan for tog Mascotte Drive. The site plan will address the sections of the Pitkin County Land Use Code (hereinafter the "Code ") as determined on the Pre - Application Conference Summary, attached as Exhibit 2. It will also reflect the representations made during the 2o2o GMQS Allocation granted to the property owner, the Bruce Heyman QPR Trust (hereinafter "the applicant ". Please see the proof of ownership of the subject property in Exhibit 2). The applicant has designated Newland Project Resources, Inc. to be its representative for land use approvals on the property (see Exhibit 3). The applicant has also approved the signature of the Agreement for Payment of Land Use Application Fees attached as Exhibit 5. BACKGROUND The property is located in the "east end" area of Aspen at tog Mascotte Drive (see Exhibit 4). Mascotte Drive originates on Midland Avenue (a City of Aspen street right -of- way) and provides access to the subject property as well as 22 other properties. The property and the house have been in place for several decades. In fact, the property is said to be originally part of a mining claim known as the "Mascotte Lode ", giving the name to the lane that now provides access. The property 9 o Music (pM j c { S 3 s 91 S V.,. $l. B. 'm ss % uN P M41s w�fs y 9�q F anc�(g4Ta� y -^ b �� G IT I �� I? . i nYpy a, Mfn RE. 12 i G� ar J w m , a a° 0#e p•5ummn St r,,, n crow 9 span ii I 4We UrO PI ''WO. ' ll ( K Ps P, / p+fweppc'. V w lo.q 4 R s ;o ASPEN % g' Land Use Planning • Permit Expedition • Project Management • Owner's Representative • Information Management i i c� U was owned for several years by Johnny Walker, a colorful local who placed many of the original improvements on the site. Johnny is also responsible for naming the property the "Tree House ", after several mature cottonwoods that adorn the site. Attached within Exhibit 6 is an existing conditions site map and the various land use approvals for the property, which include: • Administrative Determination No. 54 -2oo6 (Reception No. 525417, Pitkin County Records), issued June 15, 2oo6 vesting the property with a Building Envelope as recorded at Book 88, Page 97 of the Pitkin County records; An allotment of 2,197 square feet of additional floor area over the 5,750 square foot floor area restriction for the property. This approval allows the amount of development on the property to go up to the maximum allowed under the Floor Area Ratio (FAR) for the zone district. This GMQS allocation is recorded in Planning & Zoning Commission Resolution No. 06 -2010, Reception #570413; Resolution No. 064 -2010 of the Board of County Commissioners, Reception #570413; and in a Covenant in Association with the Pitkin County 2010 Urban Area Residential Growth Management Quota System Allocation Awarded to the Heyman property, Reception #574661. The property is zoned R -15 and is contained within the Aspen Urban Growth Boundary (UGB). A single - family residence of 4,268 square feet and a 750 square foot detached garage are located on the parcel as shown on the existing conditions site plan. The existing house is a three level structure and the garage is one level and conforms to the height requirements for an Accessory Structure in the zone district. The parcel consists of 56,192 square feet of land (1.29 acres) and is encumbered with a private access easement of 6,711 square feet. As such, the property consists of 49,481 square feet for development purposes. When multiplied by the Floor Area Ratio for the R -15 zone district (0.16), the total allowable floor area on the parcel is 7,917 square feet. In 2009 the garage, which replaced an existing 1 -car garage, was constructed under Building Permit #035.2009.PRBK. The garage was exempted from floor area calculations under the Land Use Code as it existed at the time of approval. The total floor area proposed in this Site Plan is as follows: Site Pan Approval Page 2 109 Mascotte Lane, Aspen S PI D # 2 73 7- 181 -00 -008 Existing Proposed Total Lower Level: 1148 2185 3333 Main Level: 2097 1092 3189 Upper Level: 1023 333 1 35 6 TOTAL: 4268 3610 7878 Site Pan Approval Page 2 109 Mascotte Lane, Aspen S PI D # 2 73 7- 181 -00 -008 DESCRIPTION OF PROPOSED DEVELOPMENT The Site Plan requests approval of the residential improvements as per the 2010 GMQS allocation. The new improvements call for 3610 square feet of additional residential floor area which will be attached to the existing house. Exhibit 7 includes a site plan, floor plans, computer renderings of the structure on the site, and a landscaping plan. The landscape plan was presented in the GMQS application, approved as a part of the building permit for the garage, and is fully implemented on the site. LAND USE CODE SECTIONS TO BE ADDRESSED Attached as Exhibit 1 is a copy of the Pre - Application Conference Summary received from the Community Development Department regarding this land use application. As required by the Pre - Application Conference Summary, further attached is a list of all property owners and mineral estate owners with real property located within Soo -feet of the applicant's property boundaries (Exhibit 3). According to the pre - application conference summary and the Code, any request for a Site Plan approval for a property that already has an approved Activity Envelope must address the following sections of the Land Use Code: ■ Sec. 7- 10- 50(g): Site Plan and Activity Envelope Prior to issuance of a Building Permit, a property that has an Activity Envelope approval must obtain approval of a Site Plan confirming that the development is consistent with the defined Activity Envelope and with other standards in the Code not considered at the time the Activity Envelope was defined. Attached as Exhibit 7 is a proposed Site Plan showing the location of all existing and proposed improvements as well as and floor plans and elevations of the proposed improvements. All proposed improvements are contained within the approved Activity Envelope. The proposed Site Plan shows the added floor area to the mass of the existing structure, conglomerating the intensity of development in one structure. The location of the existing residence is set back in the property and is hidden well by existing trees, shrubs and landscaping. ■ Sec. 7- 20- 12o(d): Standards for Scenic View Protection Areas The proposed development is located on property that is north and east of the City of Aspen within the Urban Growth Boundary (UGB). The property is not located within any mapped areas on the County's Scenic View Protection Area maps. The proposed development is not visible from the road rights -of -way listed and is an addition/ remodel to an existing structure located so that the perceived mass when viewed from those rights -of -way listed is minimized. As such, we feel that the proposed development is exempt from the standards of this section of the Code under Section 7- 12- 120(c)(4 a &b). Site Pan Approval Page 3 109 Mascotte Lane, Aspen SPIDk2737- 181 - 00-008 Otllmn3 However, it is not our intent to circumvent the requirements of the Code with respect to the protection of the scenic resource in Pitkin County. The proposed development will be sensitive to the goals of standards set for Scenic Protection as evidenced below and within Exhibit 7 —Site Plan. The Standards for Scenic Protection and our responses to them are as follows: (d) Standards for Development within Scenic View Protection Areas All non - exempt development located within a mapped Scenic View Protection Area shall comply with the following standards. For purposes of this section, "visible" means that a structure or use is discernible to the naked eye from the designated roadway. (1) The proposed development shall utilize existing topography and natural vegetation, such as ridges, hills, and existing trees, to screen buildings to the maximum extent practicable when viewed from those right -of -way listed in subsection (b) above. The siting of the development places the new development up against a sloping hillside at the far northeast end of the property. Existing vegetation also obstructs the view of the house. (2) The proposed development shall avoid the location of structures within the Scenic View Protection Areas, and shall avoid the location of structures within any Viewplane identified in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan if possible. If location outside the Scenic View Protection Area and defined Viewplanes is not practicable, then the proposed development shall not be located on the highest ground or most visible portion of any site as viewed from those corridors listed in subsection (b) above. No portion of the property is located in a mapped Scenic View Protection Area or any Viewplane. As such, the proposed development will not be located in these designated areas. (3) The proposed development's height and bulk shall be designed to avoid, to the maximum extent practicable, the visibility of buildings from those corridors listed in subsection (b) above This may include, but shall not be limited to, breaking the mass of the building down into a series of smaller forms, articulation of the building fagades to avoid a wall or row effect, and staggering rooflines to avoid a long unbroken plane As shown on the visual renderings of the proposed development (Exhibit 7), the structure has been designed with articulated facades and staggered rooflines. (4) The proposed structure shall be placed so it does not project above a ndgeline such that a structure silhouettes against the sky when viewed from those corridors listed in subsection (b), unless there are no alternate building sites on the lot or parcel. The property cannot be seen from the nearest designated corridor, which is State Highway 8i. The structure does not break the ridgeline as seen from the nearest public street, Mascotte Drive. Site Pan Approval 109 Mascotte Lane, Aspen SPID #2737 -181 -00.008 Page 4 3ilonnA (5) The proposed development shall be designed to complement the natural topography of the land through the use of techniques such as earth - sheltered design, the use of natural materials and colonng, the use of low - reflectance materials, or clustering of structures on the least visible portions of the site. When a building is proposed near a ridgeline, then its form (particularly its roof form) shall replicate, parallel, or complement the natural form of the ridgeline so that it appears to be an element of the natural ridgeline. As shown on the visual renderings of the proposed development (Exhibit 7), the structure has been sited on the least visible portion of the property. Design elements include earth sheltering, natural materials and coloring, and low - reflective materials. (6) The proposed development shall preserve natural vegetation and avoid development within irrigated meadows, to the maximum extent practicable. The proposed improvements disturb minimal vegetation (grass and shrubs) and are not placed on an irrigated meadow. (7) The proposed development shall install utilities in locations and through procedures that minimize visual impacts to the maximum extent practicable. Utilities to the residence are buried underground. In fact, over 400-feet of public utilities along Mascotte Lane has been undergrounded recently by the applicant. (8) All satellite dishes in the proposed development shall be located to minimize visibility from those rights -of -way listed in subsection (b), and shall use earth tone colors and/or screening to minimize their visual impact. No satellite dishes are proposed forthe property, which is currently served by hard -wire communications (Qwest, Comcast). (9) The proposed development shall not use earth moving and berms as the primary means of compliance with these regulations, but earth moving may be utilized in conjunction with other techniques to comply with standards in this section. Where earth moving techniques are necessary, man -made forms should be undulating and natural in appearance. Earthmoving and berms are not being used as a means of compliance with these regulations. (10) In the Rural Areas only, development shall be located so that activities and development occur in at least one of the locations specified in subsection (t) as they may apply to the particular property. Not applicable to this application. The subject property is located in the Aspen Area Urban Growth Boundary. Site Pan Approval 109 Mascotte Lane, Aspen SPID #2737 -181- 00-008 Page 5 (11) EARTH TONE MATERIALS The exterior of all development, except development located and designed in the form of a ranch compound, shall be built or painted with indigenous earth tone materials or colors. The exterior of a ranch compound should be built or painted with indigenous earth tone materials, or shall be painted or stained using local, traditional ranch colors, which shall include shades of red, brown, or white. Paints or stains that simulate weathered barn wood also shall be permitted. As shown on the visual renderings of the proposed development (Exhibit 7), the structure utilizes natural materials and coloring as design elements. (12) ROOFS All roofs shall have a non - reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. As shown on the visual renderings of the proposed development (Exhibit 7), the structure utilizes non - reflective roofing materials and natural roof coloring as design elements. (13) REVEGETATION OF DISTURBED AREAS Lands disturbed by earth moving or berms should be revegetated using native species that are already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival of planted native species The site plan (Exhibit 7) shows the existing landscape plan for the property. No significant removal of vegetation will occur to place the proposed improvements. (14) DRIVEWAYS AVOID DIVIDING MEADOWS AND PASTURES To the maximum extent practicable, roads and driveways shall be located to skirt the edge of and avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening, a row of trees may be planted along the roads or driveways. To the maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid straight line comdors that are Incongruous with the natural setting.] The driveway already exists on the property and will not be altered by the proposed development. • Sec. 7 -2o -130: Landscaping and Vegetation Protection. The purpose of this code regulation is to preserve existing vegetation on development sites to the maximum extent consistent with the permitted development; to ensure that specific types of man made improvements are screened from view in order to preserve the Site Pan Approval 109 Mascotte Lane, Aspen SPID #2737- 181 - 00-008 Page 6 rural character of the County; and to prevent the use of landscaping in ways that would compromise the rural character of the County. The criteria are as follows: a) GENERAL PROVISIONS (1) PROTECTION OF NATURAL VEGETATION In order to protect the rural character of Pitkin County, natural vegetation should be preserved to the maximum extent practicable, and any installed landscaping shall use the species plant materials naturally occurring on the site or on neighboring properties (except for flower gardens). The natural vegetation within the Activity Envelope consists primarily of grasses with mountain shrubs, Aspens and Cottonwood trees. The Site Plan concentrates new development on to the existing residence, thereby promoting preservation of existing vegetation. All existing vegetation shall be preserved to the maximum extent possible, and new vegetation proposed for the development will utilize naturally occurring, neighboring species. A landscape plan is attached within Exhibit 7. (2) CONFORMANCE WITH WILDFIRE REGULATIONS In the event the provisions of this Sec. 7- 20-130 conflict with any provisions of Sec. 7- 20 -60, as those requirements may be varied by a wildfire expert approved by the County, the provisions of Sec. 7 -20-60 shall govern. All activities required for conformance with wildfire regulations will be followed at building permit submission. The residence is currently provided waterthrough a 2- inch line which is sufficient for sprinkling the house and garage. (3) BERMS Berms may be incorporated into any required landscaping, buffering, or screening area, provided that the County determines, during the development approval process, that the proposed berms will not cause drainage or erosion problems. No installed berm shall have a slope of greater than four -to one (4: 1), nor a height greater than four (4) feet above grade. Berms are not proposed as a part of the landscape plan. (4) LANDSCAPE ENCLOSURES Landscaping shall not be used to mark or enclose the boundary of a parcel, or to privatize an otherwise public viewplane. Use of indigenous shrubs or trees to enclose a portion of the property immediately surrounding a dwelling, barn, and/or accessory buildings (as opposed to the entire property or a large area of the property) are permitted If made to resemble similar windbreaks located near older properties in Rural Areas of the County No landscape enclosures are proposed as a part of the landscape plan. (5) VISIBILITY CLEARANCE All landscaping shall be installed and maintained so that It does not interfere with the ability of drivers to see nearby traffic at the intersection of any driveway with a public road, or at the intersection of two public roads. Site Pan Approval 109 Mascotte Lane, Aspen SPID #2737- 181 -00 -008 Page 7 owilfjn7 Visibility clearances will not be impacted by the proposed improvements. (6) UTILITY EASEMENTS Whenever the provisions of this Sec 7- 20-130 would require the installation of trees or shrubs over or on utility easements, where branches or roots might interfere with utility lines or pipes, the required location for such trees and shrubs shall be modified to require installation at the closest location that would avoid potential conflicts with utilities and would enable the trees and shrubs to serve the same landscaping purpose. No utility easements are impacted by the proposed Site Plan. (7) FINANCIAL SECURITY The Community Development Department may require financial security in a form acceptable to the County Attorney to ensure completion of installation of all required landscaping and /or successful establishment of plants. Financial security shall be submitted if required during the development permit approval process. (8) MAINTENANCE All plants shall be maintained continually In a healthy condition in accordance with generally accepted professional horticultural standards and practices. Within areas required to be landscaped with installed plant materials, plants that die or are unhealthy shall be replaced. Landscape areas shall remain free of weeds, litter, junk, rubbish and other nuisances and obstructions Maintenance of planted vegetation is in the best interests of the applicant and will be conducted after planting is complete. An irrigation system is in place on the property. (d) Required Landscaping in Urban Areas In the Urban Area: (1) WHERE REQUIRED Landscaping is required for the following purposes for new development on the property: (i) to screen satellite dishes and other telecommunications equipment when located within two hundred (200) feet of adjacent public roads and visible from such roads, (ii) to screen non- residential parking areas and service areas when viewed from adjacent public roads, (iii) to create a landscaped street edge In the B -2 zone district, (iv) to break up required parking areas in the B -2 zone district into smaller "cells" of parking, and (v) to break up the perceived mass of larger buildings in the B -2 zone district through the use of foundation plantings. None of the improvements or situations cited above are applicable to the proposed Site Plan (see Exhibit 7). • Sec. 7 -20-1 4o: Lighting The applicant agrees to abide by the standards in Sec. 7- 20-14o and no lighting shall be installed or continued that violates the standards of this section. A detailed amendment to the approved lighting plan shall be submitted with the building permit application. Site Pan Approval 109 Mascotte Lane, Aspen SPID #2737- 181 -00 -008 Page 8 This concludes our responses to the section of the Code as required of the submittal documents. Thank you for accepting this Land Use Application. If you have any questions or require further information, please contact me at tomnna sopris.net Sincerely, Tom Newland Newland Project Resources, Inc. LIST OF ATTACHMENTS Exhibit z: I Pre - Application Conference Summary Exhibit z: Proof of Ownership of Subject Property and List of All Property Owners and Mineral Estate Owners Within Soo -Feet of the Subject Property Exhibit 3: 1 Letter of Authorization to Represent Exhibit 4: I Parcel Description, Legal Description and Vicinity Map Exhibit 5: I Signed Fee Agreement Exhibit 6: 1 Previous Land Use Approvals and Existing Conditions Exhibit 7: Proposed Site Plan, Floor Plans, and Scenic View Protection Exhibits of the Residence with the Allotted Floor Area Site Pan Approval 109 Mascotte Lane, Aspen SPIDk2737- 181 - 00-008 Page 9 ?J��lilrl°7� Exhibit is PRE- APPLICATION CONFERENCE SUMMARY LOCATION: 109 Mascotte Lane, Aspen, CO 81611 OWNERS: Bruce and Vicki Heyman PID #: 273718100008 ZONE: R -15, Aspen UGB REPRESENTATIVE: Tom Newland EMAIL and PHONE: tomn @sopris.net 618 -9922 DATE: November 23, 2010 PLANNER: Mike Kraemer, 920.5482 Type of Application: Site Plan Review Description of Project/Development: The Applicant is requesting approval of a Site Plan to place residential improvements as per their 2009 GMQS allocation. Land Use Code Sections to be addressed in letter of request (application): Sec. 7- 20- 120(d): Standards for Scenic View Protection Areas; Sec. 7 -20 -130: Landscaping and vegetation Protection. Sec. 7 -20 -140: Lighting Staff will refer the application to the following agencies: Ardmore FICA. Review by: Community Development Director Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. FEES: $1.639 make check payable to "Pitkin County Treasurer ") Planning Office flat fee: $1,560 (non - refundable; based on 5 hours of staff time. If staff review time exceeds 6 hours, the Applicant will be charged for additional time above 5 hours at a rate of $312/hour) Public Notice Fee: $54 Web Tech Fee: $25 To apply, submit 1 copy of the following information, unless noted otherwise: Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 24" by 36 Activity Envelope and Site Plan as designated in Section 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; Previous Land Use Approvals (if applicable); Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; �nnn� n Proof of ownership of subject property; Parcel description, including legal description and vicinity map; Total fee for review of the application; Signed fee agreement (1 copy); Consent from owner(s) to process application and authorizing the representative (I copy) List of all adjacent property owners and mineral estate owners (I copy) Copies of this pre -app form NOTES: PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ALL MAPS SHALL BE FOLDED. This pre - application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. The Pitkin County Land Use Code and Application Manual are available on -line at http://www.aspenpitkin.com/depts/7/planning.cfm onnni 1 Exhibit z: Letter of Authorization to Represent Ji1nn- 2 Bruce Heyman QPR Trust C/o Bruce Heyman 2035 MN. Magnolia Chicago, IL 60614 December 7, AN Community Dovelnpment Depm went 130 South Galena Street Aspen, CO 81611 RE: PERMISSION TO REPRESENT To Whotn it May Concem; Please consider this letter as authonxnhon for'!bm Newland of Newland Project ResoutCes. TnC. to represent us in the processing of land use applications for our properly at 109 Mascorte Lane in Aspen. Colorado (State Parcel TT)# 2737 - 00.008;x. Should you have any quextion.e. or if we can be of any assistance please do not hcsttate to contact me. Si ly. 13tuce 1 teyman, Aruce Rzyman QPR Trust ililfl(113 1iT'd %T0LZ60L6:�1 :woaj 6T:81 60W-80-aM Exhibit 1: Proof of Ownership of Subject Property and List of All Property Owners and Mineral Estate Owners within Soo -Feet of the Subject Property �II(MI Commonwealth a L mduwHCA Company ALTA Commitment For Title Insurance _ AM&AMl."TWYANedatim (196ti) - AUTHORIZED AGENT: PITIGN COUNTY TITLE, INC. 601 E. HOPMNS AVE. 3PM FLOOR ASPEN, COLORADO 81611 970- 925 - 1766 -PHONE 970-925 -6527 -FAX 877- 217 - 3158 -TOLL FREE E-MAIL ADDRESS: yiticincountptitle ®starbandnet leaved by Commameaalth Land TWO 6uunnu CoaprMl HomeOffiea 191 Gahaay Coin PO*MWr, Gakway Dee R&AM MA yak IMS.M53 1- aeo4db•71186 H IDDE768 CohMTMENPT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: August 11, 2003 at 8:00 AM Case No. PCT18077C7 2_ Policy or Policies to be Issued: .(a) ALTA Ownses Policy -Fenn 1992 Amount$ 2,650,000.00 Premium$ 4,883.00 Proposed Insured: Rate: Standard BRUCE HEYMAN (b) ALTA Loan Policy -Form 1992 Amount$ 1,000,000.00 Premlum$100.00 Proposed Insured: Rate: Companion NORTHERN TRUST COMPANY, AN ILLINOIS CORPORATION, ITS SUCCESSORS AND /OR ASSIGNS Tax Certificate: $10.00 3. Title to the FEE SIMPLE estate or Interest In the land described or referred to In this Commitment Is at the — effective date hereof vested in: JOHN S. WALKER 4. The land refereed bo In this Commitment Is situated in the County of PITKIN State of COLORADO and Is described as fallows: See Attached Exhibit "A' _ FrnaN C0L -= 'fMF.1NC 601 E NOFKM AMW4 m 87611 97DJJ25-1766Phme 970$15 -LW FAX 077- 217.8158 ToF Free AUTEIOR MAGMT ofinni F Schedule A -PGA This Commitment is invalid unless the Insuring Provisions and Schedules A and B ere attached. EXHIBIT NA" LEGAL DESCRIPTION That part of the Riverside Placer, U.S.M.S. No. 3905, described as follows: 3eginning at the brass cap of Comer No. 2 of said Riverside Placer; thence N 89'39W 208.10 feat; thence N 89 461.06 feet; hence S 04 °54' E 36.90 feet hence 3 81 1 30'E 342.55 feet thence S 75W E 334.61 feet whence 00' N 28' E 167.04 feet, more or Was to the POINT OF BEGINNING. ,EXCEPTING THEREFROM, that portion described In Deed to Countryside Associates recorded August 23, 1871 In Book 257 at Page 327. Onnnl7 ...__.. ____ .- ,e., SCHEDULE B- SECTION 1 BEQUUtEMENf'S The following are the requirements to be complied wRh: for fhe state ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration e or Interest to be Insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly fled for record to wR: 1. Duty executed and acknowledged Dead, From : JOHN S. WALKER To : BRUCE HEYMAN _ 2. Deed of Trust from: BRUCE HEYMAN to the PubllcTrustee of the County of PITKIN for the use of : THE LENDER TO BE INSURED HEREUNDER to secure : 1p1,OW.000.0U 3. C of nonforsign status executed by the transferor(s). (This instrument Is not required to be recorded) 4. Completion °f and cr frms selling Real Property C perty n the State of Colorado. (This Instrument Is �ui� requi to be recorded) b. Evidence satisfactory to the Company that the Declaration of Sete. Notice to County Assessor as required by H -B, 1288 has been complied with. (This instrument Is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County In which the property is sihrated) Onnnlg ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B- Section 1. -- (2) MORTGAGE E POLICYTO to ISSUED HFR UND) EX WILL APPEARON THE OWNER'S AND pursuant to insurance Regulation 89-2 - NOTE. Each We entity shall notify In writing every prospective insured in an owner's title insurance policy for a singieefamily residence (including a condominium or townhouse unit) m of that title entitys general requirements for the deletion of an exception or exclusion to coverage relating to unflled mech anics or — matertalmens liens, except when said coverage or Insurance Is extended to t h e E st ed lied a ter s' of the policy. A satisfactory affldavtt and agreement indemnifying the Conepany gain and/or Materialmeds Liens executed by the persons Indicated in the attached copy of said affidavit must be _ furnished W the Company. Upon receipt of these items and any others requirements to be apeciifed by the Company upon request, Pre -printed Item Number 4 may be deleted from the Owners policy when issued. Please contact the Company for further iminrmation. Notwithstanding the foregoing, nothing contabled In this paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmere lien coverage. NOTE- d1J�Corn�gaf legal documents circumsta the owners or km closing under documents from s an trsaction, the Compannyl be deemed too have p rovided -- `Gap Coverage'. pursuant to senate 911191-14 (CRS 10-11 -122) (a) The Subject Real Property may be boated in a Spacial Taxing District (b) A Certificate of Taxes Due listing each taxing Jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent of (c) Infomhatbn regarding Special Districts and the boundaries of such districts may be obtained from the Board County Commissioners. the County Clerk and Rerwrder, or the County Assessor. _ NOTE A tax Certificate will be ordered from the County Treasurer by Ste Company and the costs thereof charged to the proposed marred unless written Instruction to tl* contrary are received by the company prior to the Issuance of the Title Policy anticipated by this Commitment Prasuantto House SRI 01 -1088 (CRS 10.11 -123) If Schedule a of your commitment for an owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10.11 -123 (H601-1089), this is to advise- (a) Thera there is recorded evidence that a mineral estate has been severed. leased or otherwise conveyed from the surface estate and that two Is a substantial likelihood that a third party holds some or all interest In oil, _ gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. - This commitment Is Invalid unless Schedule B- section 2 the Insuring Provisions and Schedules Commitment No. PCT18077CT A and B are attached. onnni9 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company 1 Rights or claims of parties In p066e6s not shown by the public records. 2. Easements, or claims d easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, any fads which a cured survey - and inspection of the premises would disclose and which are not sham by the public records. 4. Any lien, or right to a Ban, for services, labor, or materiel heretofore or hereafter fumished, Imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearfig in the public records or aUaching subsequent to the affective date hereof but prior to the date the proposed Insured acquires of record forvalue the estate or Interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable: and any talc, special assessment, charge or Ilan imposed for water or sewer service - or for any otter special taxing district. 7. Any vein or lode or quartz or other rock In place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits claimed on known to exist on March 23, 1885 and right of the proprietor of a vein or lode or - quartz or other rock in place to extract and remove the ore therefrom, should the same be found to penetrate or Intersect the premises, as reserved In Untied States Patent recorded June 17, 1949 In Book 175 at Page 246. S. Terms, conditions, provisions and obligations as set forth in Deed recorded August 2, 1956 In Book 172 at Page 586. 9. Terns, conditions, provisions and obligations as set forth in Deed recorded December 22, 1964 In Book 210 at Page 6W- 10. Easement and right of way for right- of-way as set forth In Deed of Easement recorded January 14, 1971 in Book 253 at Page 103. 11. Terms, conditions. provisions and obligations as set forth in Grand of Easement recorded Mardi 6,1976 in - Book 344 at Page 413. 12. Terms, conditions, provisions and obligations as set forth in Board of Adjus&mt recorded March 7, 1991 in Book 641 at Page 233. 13. Terms, conditions, provisions and obligations as set forth In Land Lease recorded December Z0, 2002 as Reception No. 47e307. 14. Encroachments and all matters as disclosed by Survey of Aspen Survey Engineers, Inc. dated June, 2003 as Job No. 20214A6 �nnn�p t sr� d Recorded at o'clock M. Reception Recorder RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Ronald Garfield, Esq. Garfield a Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 IIINiI II �iIII N Willi ill �I�I QW828 04:21F GENERAL WARRANTY DEED r JOHN S. WALKER for TEN DOLLARS ($10.00) and other good and valuable considerations, in hand paid, hereby sells and conveys to BRUCE ALAN HEYMAN and VICKI S. HEYMAN, as Joint tenants, whose address Is clo Goldman, Sachs at Co., Private Wealth Management, 4900 Sears Tower, 233 South Wacker Drive, Chicago, 1L 60606 the following real property )n the County of Pitldn, State of Colorado to wit. AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF with all Its appurtenances and warrant(s) the title to the same SUBJECT TO AND EXCEPTING: -- General taxes for 2003, payable January 1, 2004 and as set forth on Exhibit "B" attached hereto and made a part hereof. - SIGNED this r�— day of 5Z MI , 2003. _ /, J Walker STATE OF Zolevada ) )ss. COUNTY OF t•FL�sw, ) The foregoing General Warranty Deed was acknowledged before me this ,��day of pk&Zh)Q& (r, 2003 by John S. Walker. - WITNESS my hand and official seal. My commission expires: Joy 3. ltktHnt*tjty pWk My CcvvrisslOn 4x40 �:iu�i nt C,ttMrtB:; 87666_1.DOC 487822 TRANSFER DECLARATION RECE O 09/021203 i�rinn�� EXHIBIT "A" LEGAL DESCRIPTION A TRACT OF LAND BEING PART OF THE RIVERSIDE PLACER U.SAL& NO. 3905 AM, SITUATED IN SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6 PRINCIPAL MERIDIAN, PrIM COUNTY COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT CORNER NO. 2 OF THE RIVERSIDE PLACER U.S.M.S. 3 905A (A 1954 BRASS CAP IN PLACE); THENCEN W39'W 206.10 FEET TO CORNERNO. 3 OF U.SALS. 6989AM (A 1954 BRASS CAP IN PLACE); THENCE N 89°43' W 255.59 FEET: THENCE S 06°231 31.04 FEET; THENCE N 85 208.03 FEET; T IENCE S 04°A'E 18.19 FEET, "THENCE S 81 °30'£ 342.70 FEET; THENCE S 75n4'E 334.61 FEET; -- THENCE N DD 167.04 FEET TO THE POINT OF BEGINNING, CONTAII IING 129 ACRES MORE OR LESS. -- Formerly described as and being the same property as That part of the Riverside Placer, U.S.M.S. No. 3905, described as follows: Beginning at the brass cap of Comer No. 2 of said Riverside Place; thence N 89 206.10 few _ thence N 89'43W 461.06 feet; thence S 04 °54' E 35.90 feet; thence S 81 °30' E 342.55 feet; _ thence S 75 °24' E 334.61 feet; thence N 00°28' E 167.04 feet, more or less to the POINT OF BEGINNING. EXCEPTING THEREFROM, that portion described m Deed to Countryside Associates recorded August 23, 1971 in Book 257 at Page 327. S ""' ""'• 11 u�0� IM 11111111 09/02/2003 04:21F SILVIR DAVi3 PITUN COUWV Co R 10 -00 D 203.00 - Trfn mi EXHIBIT `B" Any vein or lode or quartz or other rock in place bearing Bold, silver, cinnabar, lead, tin, copper or other valuable deposits claimed on known to exist on March 23, 1885 _ and right of the proprietor of a vein or lode or quartz or other rock In place to extract and remove the ore therefrom, should the same be found to penetrate or Intersect the premises, as reserved in United States Patent recorded June 17, 1949 in Book 175 at - Page 246. Terms, conditions, provisions and obligations as set forth In Deed recorded August 2, 1956 in Book 172 at Page 586. Terms, conditions, provisions and obligations as set forth in Deed recorded December _ 22, 1964 In Book 210 at Page 500. Easement and right of way for right -of -way as set forth In Deed of Easement recorded January 14, 1971 in Book 253 at Page 103. Terns, conditions, provisions and obligations as set forth In Grand of Easement recorded March 6, 1978 in Book 344 at Page 413. Terms, conditions, provisions and obligations as set forth In Board of Adjustment recorded March 7, 1991 in Book 641 at Page 233. Terms, conditions, provisions and obligations as set forth In Land Lease recorded December 20, 2002 as Reception No. 476307. �1�Ii11A11 I�iNN1 Ztf CO R SI�YIP ppVtS P d A -10 _.. Recorded at o'clock ^ .M. Reception No. Recorder RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: {tu QQ7923 Ronald Garfield, Esq. I1{i)I Paga. t of 04.22E Garfield a Hecht, P.C. ` NNNiNd1 601 East Hyman Avenue StL a tt,ee o e.es V10. ppVIS PI MTY CO Aspen, CO 81611 QUITCLAIM DEED FOR WATER RIGHTS JOHN S. WALKER, grantor herein, for TEN DOLLARS ( #10.00) and other good and valuable considerations, in hand paid, hereby sells and quit claims to BRUCE ALAN HEYMAN and VICKI S. HEYMAN, as joint tenants, grantees herein, whose address is do Goldman, Sachs 8t Co., Private Wealth Management, 4900 4 Sears Tower, 233 South Walter Drive, Chicago, IL 60606 all water rights and water storage rights, whether 0 adjudicated or unadfudicated, all entitlements to use water, whether contractual, by permit, or otherwise, and all groundwater rights, whether tributary or nonuibutary and whether adjudicated or not, used upon or appurtenant to the real property described In Exhibit "A" attached hereto and made a part hereof, along with all permits, (Z easements, structures, ditches, pipelines, headgates, wells, pumps, measuring devices and other facilities necessary l for or used in connection with the exercise of such rights. SIGNED this X day of P % 2003. _ uA".O, Jo . Walker STATE OF ColtZV_ado ) e )SS. COUNTY OF Yt h ) rd The foregoing Quitclaim Deed for Water Rights was acknowledged before me this t= day of ,2003 by John S. Walker. WITNESS my hand and official seas. My commission expires: Joy S. HON XVPWk My conrnwor: ffn*m 4=0 Ic^, :Z�.o Notary PU C B7670_1.DOC EXHIBIT "A" LEGAL DESCRIPTION A TRACT OF LAND BEING PART OF THE RIVERSIDE PLACER U.S.M.S. 140,3905 AM, SrMATED IN SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6 PRINCIPAL MERIDIAN, PMUN COUNTY COLORADO, DESCRIBED AS FOLLOWS: BEG noUNG AT CORNERNO. 2 OF THE RIVERSIDE PLACER U.SALS. 3905AM (A 1954 BRASS CAP IN PLACE); _ THENCE 89°39' W 206.10 FEET TO CORNER NO.3 OF U.S MS. 6$89AM (A 1954 BRASS CAP IN PLACE); THENCE N 89°43' W 255.59 FEET: THENCE S 06 31.04 FEET; THENCE 85 208.03 FEET; THENCE S 04 18.19 FEET; THENCE S 81 342.70 FEET; — THENCE S 75 334.61 FEET; THENCE N 00 167.04 FEET TO THE POINT OF BEGINNING, CONTAINING 1.29 ACRES MORE OR LESS. Formerly described as and being the same property as That part of the Riverside Placer, U.S.M.S. No. 3905, described as follows: Beginning at the brass cap of Corner No. 2 of said Riverside Placer, thence N 89 206.10 feet; thence N 89'43W 461.06 feet; thence S 04 E 35.90 feet; thence S 81'30'B 342.55 feet; thence S 75'24'E 334.61 feet; thence N 00 E 167.04 feet, more or less to the POINT OF BEGINNING. EXCEPTING THEREFROM, that portion described in Deed to Countryside Associates recorded August 23. 1971 in Book 257 at Page 327. __ I�IWH0111 09 05:22F SILVIN DAVIS PMIN OWN co R 11.00 0 0.00 -- ililflfl�� Use , ery Te mpl ate 51b0® a i Use Avery® Te mpl ate • �� Bend along line to � Feed Paper expose Pop-Up Edge*• l�5 AVERY® 5160® — - -- ' - -- - -.. -- -- — -- �- 1215 EAST HOPKINS LLC 355 S MONARCH ST 14 YEARS LLC 322 PARK LLC ASPEN, CO 81611 200 CRESENT CT #1310 DALLAS, TX 75201 1340 MOUNTAIN VIEW DR ASPEN, CO 81611 AMES MARTHA E ASPEN ASSET LLC ASPEN/PITKIN COUNTY HOUSING 23 SMUGGLER GROVE RD 326 MIDLAND AVE #308 AUTHORITY ASPEN, CO 81611 ASPEN, CO 81611 530 E MAIN ST #001 ASPEN, CO 81811 BAKKEN JOHN & LIZA N PO BOX 12064 GESTIC JEFFREY 8 301 MIDLAND PARK AVE BEYER ALAN R N ASPEN, CO 81612 PO BOX 2267 410 N MILL T #8 #B 11 ASPEN, CO 81611 ASPEN, CO BIBBIG DIETER 333 PARK AVE BIRACH KAREN BIRRFELDER BRIGITTE T ASPEN, CO 81611 122 MIDLAND PARK PL ASPEN, CO 81611 -2414 PO BOX 3035 ASPEN, CO 81612 BLOMQUIST JENIFER L & PERLEY PAUL S 80LERJACK LISA BOYD JEFFREY R BOX 10 PO BOX 811 BOX 8381 AS ASPEN, CO 81812 81 ASPEN, CO 81612 AS ASPEN, CO 81812 BROOKS KERRI L 112 MIDLAND PARK PL BROWN DONALD BROWN DOUGLAS & ABBY FAM TRUST ASPEN, CO 81611 412 KATHRYNS WY ASPEN, CO 81611 -2405 11990 SAN VICENTE BLVD #200 BRENTWOOD, CA 90049 BROWN RUTH H BUCKLEY BETTY JEAN TRUST BYRNES FAM TRUST 410 N MILL ST #811 326 MIDLAND AVE #303 90 CLAY LN ASPEN. CO 81611 ASPEN, CO 81611-2416 ASPEN, CO 81611 CALK LAURA E WILLCOX CANTRELL WESLEY R CAVE 722 MIDLAND ND PA 722 MIDLAND PARK PL 104 K.4THRYNS WY 326 MIDLAND AVE #308 0LAND ASPEN, CO 81611 -2472 ASPEN, CO 61611 -2405 ASPEN, CO 81811 CHAUNER RONALD M CHAZEN DAVID FRANKLIN II CITY OF ASPEN CHAUNER JACKIE L SHEFFER CHAZEN CAPITAL PTNRS LLC ATTN FINANCE DEPT PO BOX 8782 ASPEN, CO 81612 787 FIFTH AVE NEW YORK, NY 10153 130 S GALENA ST ASPEN, 00 81611 CONANT FAMILY LP CONANT RICHARD H CORBIN MARCIA A 9301 INGLEWOOD CT 55 SMUGGLER GROVE PO BOX 9312 POTOMAC, MD 20854 ASPEN, CO 61611 ASPEN, CO 81612 Etiquettes fadles h polar - — UtiliSez le gabarit AVERY® 51600 1 A Replez a la hadruro afro de I charaernent rbv&ler le rebord Pop-UpT" I t wwwaverycom 1490-GO-AVERY ? - -' . "' """`"' ' Use Avery® Template 5160® j M Bend at Onto i Fed paper �• expose Popp EdgeTM j AVERY® 5160® CUNNINGHAM PAMELA M 502 MIDLAND PARK PL CURRAN MICHAEL FRANCIS DEELGUEAALEJANDRO ORTIZ ASPEN, CO 81811 2207 DEL MONTE HOUSTON, TX 77019 PO BOX 9871 ASPEN, CO 81612 DELYNN JEAN J — — C10 STOVROFF & TAYLOR TRAVEL DEVANNY EARL H III & ELIZABETH H DODINGTON SUSAN M 1127 WEHRLE 1246 W 59TH ST 221 MIDLAND PARK PL BUFFALO, NY 14221 KANSAS CITY, MO 64113 ASPEN, 00 81611 DOYLE JOHN F & LAURIE FRAMPTON DUNIGAN PATRICK A ELA CHARLES S PO BOX 12236 ASPEN, CO 81812 2305 CEDAR SPRINGS RD #205 1208 E HOPKINS DALLAS, TX 75201 ASPEN, CO 81611 ELUMENATE INC PO BOX 5176 EPSTEN BRADFORD M & VIRGINIA H ERNST TERSIA V ASPEN, CO 81612 1030 W 66TH TERRACE KANSAS CITY, MO 64113 206 KATHRYNS WY ASPEN, CO 81611 -2405 FERLISI MARY SANDRA FLUG MARTIN 326 MIDLAND AVE #307 GO GULFCO FORNELL PETER J ASPEN, CO 81611 8 ASPEN 402 MIDLAND PARK PL CO 8161 ASPEN, CO 81611 FRANZ MARTIN JOSEPH PO BOX 2833 FRENCH DOUGLAS R FRENZEL OTTO N III & MARY ANN ASPEN, CO 81612 121 MIDLAND PARK PLACE ASPEN, 00 81611 PO BOX 280 ZIONSVILLE, IN 46077 FUENTES DAVID & KATHARINE D GARTON SARA B GLEASON AMY 302 MIDLAND PARK PL 110 MIDLAND PARK PL EVERETTE JOHN ASPEN, CO 81611 ASPEN, CO 81611 712 MIDLAND PARK PL ASPEN, CO 81611 GLICK DANIEL PO BOX 9910 GODFREY DIANE A& ANDREW H GOODMAN DREW I ASPEN, CO 81612 1250 REGENT STREET ASPEN, CO 81611 -2439 5721 GREEN OAKS DR GREENWOOD VILLAGE, CO 80121 -1336 GORBITZ HEIDI GREENHILL MICHAEL LOUIS TRUSTEE GORBITZ PATRIC GREENHILL DEBRA MERLE TRUSTEE GRIFFITHS THOMAS W PO BOX 647 30 RIPARIAN RD 504 MIDLAND PARK PL ASPEN, CO 61612 HIGHLAND PARK, IL 60035 -1909 BEN, CO 81611 GRUBBS MATT GIIGLIELMO KNANSEE L GULL EVAN H REV TRUST 333 MIDLAND AVE #3 LIFE ESTATE GULL FLOURNOY G REV TRUST ASPEN, CO 81811 -2412 514 KATHRYNS WY 25 ARDMORE CT ASPEN, CO 81611 ASPEN, CO 81611 Etiquettes fa djej 3 peter ® i Utilisez le gabarlt AVERY® 5160 9erks de RepOez 6la hachure afro de I www.awry.com i diaraemern PoP -L1PT° rtvEler le rebord 1- 800 -GO -AVERY ! way rmi— Laois i Use Avery® Template 5160 HACH STEPHEN C 23 SMUGGLER GROVE RD ASPEN, CO 81611 HECK JAMES C PO BOX 8416 ASPEN, CO 81612 HITCHCOCK SAMANTHA PO BOX 329 ASPEN, CO 81612 HYDER GENE 320 MIDLAND AVE ASPEN, CO 81611 JOHNSON SHAEL 80% MCCOLLUM MICHAEL DAVID 20% PO BOX 3549 ASPEN, CO 81812 KALTENBOCK ERNST 1612 WOODBINE HEIGHTS BLVD TORONTO ONTARIO CANADA, M4B 3A4 KOCH KATHRYN S & JOHN F 304 MIDLAND PARK PL C-4 ASPEN, CO 81611 LAFOUNTAINE ANTOINETTE 410 KATHRYNS WY #D1 ASPEN, CO 81611 LEE JONATHAN O TRUST 509', LEE BARBARA C TRUST 50° /a 35 FISHER AVE BROOKLINE, MA 02445 MAX 1 LLC PO BOX 1285 ASPEN, CO 81612 kiquettes fadles A paler Utillsez le gabartt AVERY® 5160 A e� Bend along line to Pond Pope? expose Pb"p EC19,TM HAGEN CATHERINE ANNE 210 MIDLAND PARK PL ASPEN, CO 81611 HEMMING GREGG S & KAREN S 311 MIDLAND AVE ASPEN, CO 81611 HOUBEN CYNTHIA MICHELE PO BOX 9616 ASPEN, CO 81612 IBARA RON PO BOX 9757 ASPEN, CO 81612.9757 JOHNSTON PEGGY LIVING TRUST PO BOX 4533 ASPEN, CO 81812 KANG NOBUKO SINJA 338 MIDLAND AVE #8 ASPEN, CO 81611 KOLBERG JUDITH A 501 MIDLAND PARK PL ASPEN, CO 81611 LANE JOAN BALL 325 PARK AVE ASPEN, CO 81611 LEVENTHAL ROBERT B 515 KATHRYNS WY ASPEN, CO 81611 -2405 MCDONALD FRANCIS B PO BOX 4671 ASPEN, CO 81612 - Se ns Replin i1 la hac a8n de; c raaament r6v61er Is mbord Pop -Upm i AVERY® s1we —_ _— A HARRIS GEORGE WALTER III PO BOX 11005 ASPEN, CO 81612 HIGGINS PAUL 303 MIDLAND PARK PL #C-3 ASPEN, CO 81611 HTM PROPERTIES LLC 10200 STONE BRIAR LAS VEGAS, NV 89144 JEFFERSON GREG 711 MIDLAND PARK PL ASPEN, CO 81611 K & W PROPERTIES I LLC PO BOX 744 BLACKSBURG,VA 24060 KNUTSON RODNEY D PO BOX YY ASPEN, CO 81612 LACROIX TIMOTHY 113 MIDLAND PARK PL ASPEN, CO 81611 LAUGHREN DAVID PO BOX 1265 ASPEN, CO 81612 MACCRACKEN SCOTT R & MARISA POST 403 MIDLAND PARK PL #D3 ASPEN, CO 81611 MCGAVOCK MARGARET ALBERT ELIZABETH A PO BOX 533 ASPEN, CO 81612 wvvwAv"x"n i 1-800-GO-AVERY i Use Avery® Template 5160 j A Band Wang line to i Feed Paper expose Pop-Up EdWm j ®AVEtRY® 5160® MCPHEE JAMES MICHAEL 401 MIDLAND PARK PL MCPHERSON GREGORY J MEBEL GREGORY E ASPEN, CO 81811 PO BOX 2073 ASPEN, CO 81612 326 MIDLAND AVE 11102 ASPEN, CO 81611 -2430 MOHWINKEL CLIFF PO BOX 9457 MOONEY TIMOTHY NEMIROW JORDAN ASPEN, CO 81611 PO BOX 6931 ASPEN, CO 81612 PO BOX 559 ASPEN, CO 81612 NEUHART GRACIA MADRIGAL VICTOR NI NI SC OTT A CHOLS SC OLDFIELD BARNEY F 821 MIDLAND PARK PL BOX 30 326 MIDLAND AVE #306 ASPEN, CO 81611 ASPEN, 81812 ASPEN, CO 81611 PATTEN DAVID N 810 MIDLAND PARK PL PFG ASPENWALK LLC PHILLIPS ARTHUR R & HELEN B ASPEN, CO 81611 4400 BAKER RD MINNETONKA, MN 55343 PO BOX 8245 ASPEN, CO 81612 PITCHER IQNGSBURY CO PRT 50% PITCHER CHARITY JANE CO PRT 50°k REDMOND JOHN B & LYNN G RIGNEY JOHN & ANNA PO BOX 207 KATHRYNS WY #B3 102 KATHRYNS WY N SANTE FE, NM 87504 E, ASPEN, CO 81611 ASPEN, CO 81611 -2405 RITTER JEANNE MARIE 811 MIDLAND PARK PL SCARLETT ROBIN SEGUIN MICHAEL A & KIMBERLY ASPEN, CO 81611 413 KATHRYNS WY ASPEN, CO 81611 -2405 73 SMUGGLER GROVE RD ASPEN, CO 61611 SELINKO VERA L 2207 DEL MONTE SIMMONS SUSAN SMITH DONALD NELSON HOUSTON, TX 77019 101 KATHRYNS WY ASPEN, CO 81611 501 MIDLAND PARK PL ASPEN, CO 81611 SMITH JACK L & DIANE M 434 COTTONWOOD DR SNELL NANCY L SPONAR ANTON K & JUDY EVERGREEN, CO 80439 PO BOX YY ASPEN, CO 81612 222 MIDLAND PARK PL ASPEN, CO 81611 -2486 STEIN DEBORAH STERLING POINT DEVELOPMENT LLC STOVROFF JOAN C 710 MIDLAND PARK PL 4700 GAILLARDIA PKWY STE 100 C/O STOVROFF & TAYLOR TRAVEL ASPEN, CO 81611 OKLAHOMA CITY, OK 73142 -1857 1127 WEHRLE BUFFALO, NY 14221 SWIFT LAWRENCE V TAYLOR JACQUELINE W PO BOX 1313 C/O STOVROFF & TAYLOR TRAVEL TE TE RKl1N MARK BASALT, CO 81621 1127 WEHRLE BOX 32 32 9 BUFFALO, NY 14221 ASPEN, 61612 Etiquerttes fadles h peter Utilisez le gabarlt AVERY® 5160 Repllez la hachure afln de ; ne de wwwave corn a , r6vdler le rehord Poo -Uom ! latm rMA m Cary reel— LaoelS Use Avery® Template 5160 i ♦ Bond along line to i Feed Pepar Pop-Up Edge *m A�RY� 5160m _ expose j �� 1 VICENZI HEATHER L TRUST WARREN OAK LLC WEBSTER DAVID H PO BOX 2238 ASPEN, CO 81612 595 S BROADWAY #200 PO BOX 10362 DENVER, CO 80209 ASPEN, CO 81612 WELDEN TODD E & DEBORAH C WELLS SHARON ELIZABETH WHITE WILLIAM P 503 MIDLAND PARK PL #E3 BOX 932 326 MIDLAND AVE #204 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 WILGUS GRAHAM G WINKLER JILL C 326 MIDLAND AVE #201 212 MIDLAND PARK PL ASPEN, CO 81611 ASPEN, CO 81611 f' 1)iillll�„ Etiquettes factlesa peler I Sens de Replies 8 lo hachure afro de ; Utllisez le gabarit AVERY 5160 A chareem at r6v*W to robord Pop -Upie www.avexymm 1-900GO -AVERY Exhibit 4: Parcel Description, Legal Description and Vicinity Map Street Address: log Mascotte Lane, Aspen, CO 816li Legal Description: A TRACT OF LAND BEING PART OF THE RIVERSIDE PLACER U.S.M.S. NO. 3905AM, SITUATED IN SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th PRINCIPAL MERIDIAN, PITKIN COUNTY COLORADO, DESCRIBED AS FOLLOWS: ( BEGINNING AT CORNER NO. 2 )O��F THE RIVERSIDE PLACER U.S.M.S. 3905AM 1954 BS CAP IN PCE (HENCE N 89'39 W 206.10�FEET TO CORNER NO. 3 OF U.S.M.S. 6889AM (A 1954 BRASS CAP IN PLACE; THENCE N 89'43'W 55.59 FEET: THENCE S O623'E 31,04 FEET; THENCE N 85'50'W 208.03 FEET; THENCE S 04'54'E 18.19 FEET; THENCE S 81'30'E 342.70 FEET; THENCE S 7624'E 334.61 FEET; THENCE N 0928'E 167.04 FEET TO THE POINT OF BEGINNING, CONTAINING 1.29 ACRES MORE OR LESS. �nnn�� Vicinity Map �a �J, t - etery I }} I Inwa - N �•.�h �� I� SnaF( ' .c. . Bu;hwacker s 5r as 'Parr. Rega l Aspen R'. Tom: Sna � n r ;•a dq� a ' a Cp . orM .'. J C Johnsen S .;� Diva dl C.1 '1 TorenC. /� `• Smuea'e III Ajj Sta. L4 4 oz / y a "•a� �^ iSUBJECT PROPERtt } 1 Natrr in,l:. 0 � .. .... r lye •,, .. Nz' N i o \..:. d < Prts a a aP _ 4 C A * 1 0 i o CL C K CL 1 0ON'32 Exhibit S: Signed Fee Agreement PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY ") and Bruce Heyman QPR Trust (hereinafter "APPLICANT ") AGREE AS FOLLOWS: I. APPLICANT has submitted to COUNTY an application for Site Plan and Special Review of a Caretaker Dwelling Unit (hereinafter, the "PROJECT "). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32 -2002 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and /or Board of County Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on — hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben Community Development Director By: Tom Newland Newland Project Resources, Inc. PO Box 4815 Basalt, CO 81621 "A rfi S Tea e14 z § 6N TO* N5KIP SOulzt, , RilNdE t A, T BRUCV-�,'AND,Vlfcxll HEYMAN 'REV LOWS AND Nam P1 l A. Q+ HAZARD 1xW -.1, 1 t • e14 z § 6N TO* N5KIP SOulzt, , RilNdE "Al Nv a, fTIAIN ''COU IRA :j I ef IT. q , A WMA W k=w'- IT j f,� 4. 9MlKS PARK SUSbIVUm r . c,m "r *WEN Yaw cmioiniivus 04 . ... ... Aaw m p j jKX A- 11 ... ... ... .. I. IL' N, -7 1 11.1 IT" T �, A n A T I REASED'LEGAL DESCRIPTION ,WAA W rM AW1W 141� "X�. tw",ui,gf A 6 Ll= A 14 00. wip I fW CAK Ode 2 FW f'9AA?F 1 3 4Q& Ulm f = V rA 4% A I Of 7. I 6 b f 713m sr Li mn , 14 �,If � " =, % ,1, ' 41 Ify ki Exhibit 6: Previous Land Use Approvals and Existing Conditions ftnnn1�5 ADJ%IINis VE DECISION OF TILE COMMUNI'T'Y DEVELOPMENT DIRECTOR OF PITKIN COUN'T'Y, COLORADO, APPROVING THE IIEYMAN 1041 HAZARD REVIEW Administrative Decision Nuat-2006 RECITALS 1. Brucc and Vicki I leyntan (berenfter" Applicaul") have applied to the Corninunily Development Dircvaor (hereafter "Director ") liar 1041 1 la7ard Review apps oval to establish a building envelope to encompass the existing residence, garage and associated development in order to constrict an addition to the residence. 2. The parcel is located at 109 Mascouc Lame and is Inure specifically described in Exhibit A. 3. The parcel is zoned R -15 and contains approximately 56502 square feet. The parcel is [reaped within the Aspen Urbhm Growth Boundary. 4. The Count issued a Cer of icate of occupancy for the existing residence on September 19, 1979. The residence has since been expanded and rennodcbed several times. 5. The Applicant provided notice orlhe application to the adjacent property owner's, as required pursuant to Section 5 80- 01(1(J) ol'Ihe Land Use Code ( "Cole "). No objections were received within 30 clays flora Ill date the notice eras postmarked (April 12, 2006). Michael D. McCollum, a neighbor from Midland Park Conduminiunns, submitted a letter rcqucsling that the approval maintain the rights of the Condonrinionr Association to encroach onto the subject property, subject to a Land Lease regarded as Reception if 6. 7 he Director finds that the wildfire hazard within the building envelope is moderate, that the building euvelopc can avoid slopes ul greater thin 30 percent except as permitted by Section 3 -80• 050(C)(1)(c)(ii)(c) or the Codc liar nnino slope anomalies: and that the property is not within am' mapped wildlife habitat areas. TIIE DIRECTOR DOES HEREBY APPROVE the l leymaa 1041 Hazard Review, subject to the 1'ollnwing conditions, which shrill run with the Inn(] and be binding on all successors in interest; 1. l he Applicant shall adhere to ;dl m;nerinl representations made in the application and shall consider those representations to be conditions or approval, unless amended by uthcr conditions. 2. Pt for to submission of:my building pernnit ,applications i'or new development, the Applictus shall submit ar 10 I laird Review Situ Plan) to [lie Conununity Developnne t Department forapprucal and recording. The mylar copy of the site plan must be signed by the owner prior to submittal for recording. The site plan shalt be ansnded as lialluass: A. Amend the buitdint, envelope to exclude slopes in excess u1*30% that parallel the north property line. Slopes in excess of 30' %i on the south side ol'thc house and the landscaped stairway stay rennain oithin the envelope. It. Designate a " hIndl cape envelope" along lire north propa'ly line to coincide with the area leased by the \7idland Park Condom in in Association. ROCreuce the reception number ofthe recorded Land I�IIIIIIIIII�III�; III��IIII�III '�IIIr�II�IItIIlI�l0 9 0 o Bez z nnr�n` p AdministrativeDeterminationNo . I IIIIIIII III81 IIIIIIIIIIIIIII I VIII(III III 06/119//20 G 02 'r'r" JHNICE K VOS CMIDILL nITKm COUNTY CO R 0.00 D 0.00 Page 2 Lease. Include a note that the landscape envelope is intended to accommodate existing uses only, including decks, landscaping, gardens and fences. C. Eliminate the following note: "Building envelope will follow property boundaries." U. Amend the owners' signature block with the correct names of the owners. E. Amend the signature block from the Hearing Officer to the Community Development Director, and reference the "Administrative Decision" rather than "Detemnination." 3. Prior to recordation of the site plm, the Applicant shall demonstrate that the carport on the east property line that encroaches onto the Adjacent US Forest Service land was legally created, as evidenced by a building permit issued by the County. If the Applicant is unable to provide such evidence, the Applicant shall either obtain a permit from the County to demolish the carport and restore the disturbed area or submit a building pennit application to the County fur the carport, which shall require a variance from the Board of Adjustment and a Special Use Pelmit approved by the US Forest Service. 4. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until issuance of Certificate of Occupancy. 5. Prior to issuance of any building permits for new development, the Applicant shall: A. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. B, Pay the applicable road and employee housing impact fees. 6. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. within 15 feet of any structures (or furthermost projection of combustible construction), landscaping shall be limited to noncombustible hardscape Surfaces, low growing perennials, flowerbeds, cut grass and deciduous, well- trimmed and irrigated plants. woody vegetation shall not be planted within this area. Aspen trees may be planted within this in B. Beyond the 15 foot perimeter and up to 35 feet or to the property line, maintain natural and/or irrigated grass at less than 6 inches in height and thin existing trees and brush into individuals or clusters. Limb trees to one half the height of the tree or 10 feet, whichever is less. Ladder fuels from around trees and brush shall be removed. Clusters of shrubs shall be separated by a distance of 2'/, times the height of the mature vegetation. Treat cut ends of shrubs with an herbicide to prevent regrowth. Remove or chip and spread cut materials. C. Remove or chip all standing dead and deadfall on the property within 100 feet of all structures. I). The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 7. The applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall be constructed with u Class A roof covering or a Class A assembly as defined in the International Building Code (IBC) Section 1505.2. Wood shake/Ahingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not pemritted unless they comply with the following: fjfl«n'�7 Administrative Ueterminotlort No. l ql-1006 Page 3 1) All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roolline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building pemrit application. B. Vents shall be screened with corrosive resistant wire mesh wilh mesh ' /4 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 flammable materials shall be stored on a pmallel contour a minimum of 15 feet away from any structure. F. Weeds and grasses within the 10 fool perimeter shall be maintained to a height not more than 6 inches. 0. Fh cwood/wood piles shalt be stacked on a parallel contour a minimum of 15 feel away from the structure. 14. Swimming pools shall be accessible to Fire Department vehicles. I. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 58 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 lank shall be constructed with materials approved for 2 hour tire- resistive construction on the exterior side of the walls. N. FAch structure shall have a mininium of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. 0. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. P. New utility lines shall be buried within the thivcway or the approved envelope. U. No development, including grading, excavation, fill placement, banning, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building and landscape envelopes unless otherwise specified in this document, such as necessary wildfire mitigation. 9. The Applicant shall install and use approved bear -proof it containers as required by the County's Wildlife Protection Ordinance. 10. Lighting shall comply with the Pilkin County lighting standards at the time of building permit issuance. I!. Areas disturbed by construction shall be revegetated to limit water consumption and additional runoff within one growing season after completion of construction. 52 t llll`I IU I�III� IIII (I IIIIIII ITI IIII I II IIII a ei ®e e2 2 a ,,onnnQR Administrative Determination N® -1006 Page 4 12. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District. 13. Failure to comply with those conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 14. Statutory vested rights for the approval contained herein are granted pursuant to the Pilkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pilkin County Land Use Code, § 4 -140 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on O0/ Y , 2009. APPROVED by the Director this 1k ay 2006. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON:2tJftJL–,9 nd QZ• CimyHouben, � `�— Community Development Director Case #P083 -06 Ij 1 11 II 11 1 N N P11) it2737181 0000 525417 I��I ��I�1��1��I11II�lll� ' 06/1 O 02. JWl10E K o nn o EXHIBIT "A" LEGAL DESCRIPTION A TRACT OF LAND BEING PART OF THE RIVERSIDE PLACER U.S.M.S, NO. 3905 AM, SITUATED IN SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 0 PRINCIPAL MERIDL4N. PITKIN COUNTY COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT CORNER NO. 2 OF THE RIVERSIDE PLACER U.S.M.S. 3905AM (A 1954 BRASS CAP IN PLACE); THENCE N 89 206.10 FEET TO CORNER N0.3 OF U.S.M.S. 6889.4M (A 1954 BRASS CAP IN PLACE); THENCE N 89 W 255.59 FEET: THENCE S 06 31.04 FEET; THENCE N 85 W 208.03 FEET; THENCE S O4 18.19 FEET; ME.'NCE S 81 342.70 FEET; THENCE S 75 334.61 FEET; THENCE N 01MVE I0.04 FEET TO THE POINT OF BEGINNING, CONTAINING ).29 ACRES MORE OR LESS, Formerly described as and being We same property as That pant of the Riverside Placer, U.S.M.S. No. 3905, described as follows: Beginning at the brass cap of Corner No. 2 of said Riverside Placer; thence N 89 206.10 feet; thence N 89 461.06 feet; thence S 04'54'E 35.90 feet; thence S 81 E 342.55 feet; thence S 75 334.61 feel; thence N 00 167.04 feet, more or less to the POINT OF BEGINNING. EXCEPTING THEREFROM, that portion described in Deed to Countryside Associates recorded August 23, 1971 in Book 257 at Page 327. IIII�IIIIIIiIIIIMIIIIII�IIIIIiIN1181llllllllllll Page e SILVIA DAVIS pITKIN COUNTY LO z a 04:21; R 16.00 D 765.00 IIIIIIIlIIIIIIUhIIIIIIIII ,IIIIIIIIIINIIIIIIIIIllll a 0 0002i2. FM (In n 9 F� sN O 8se v @ x gig F e $ I RA , g z - � t I, - _ J nYf $ ' jt a co ZU 1 .1 ll(IAA2 RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY, COLORADO, FORWARDING THE 2010 URBAN AREA RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM SCORES TO THE BOARD OF COUNTY COMMISSIONERS Resolution No. PZ -2010 RECITALS 1. On April 6, 2010, the Planning and Zoning Commission ( "Commission') held a duly noticed public hearing at which time evidence and testimony were presented with respect to Urban Area Residential Growth Management applications. 2. The Commission reviewed the following application for the 2010 Urban Area Residential GMQS competition for additional floor area: • Heyman (Case P004 -10): An allocation for 2,194 square feet of floor area for an addition to an existing residence. 3. There are 10,000 square feet available in the Urban Area Residential GMQS competition 4. Staff recommended a score of 14 points, which met threshold (12 points). The Commission adopted Staffs scoring on a 3 -0 vote. 5. The application met the threshold requirement of 12 points, and, therefore, the Applicant is eligible for the requested allotment. 6. The Commission further finds that the commitments made for the application are proportional to the request and do not set a precedent for future applications. NOW, THEREFORE BE IT RESOLVED by the Commission that it hereby forwards the 2010 Urban Area Residential GMQS score for floor area allotment to the Board of County Commissioners, and recommends that the BOCC grant the requested additional floor area to the Heyman property. APPROVED ON THE 6" day of April, 2010 PLANNING AND ZONING COMMISSION ATTEST: f OF� COLORADO �611Rt l Bonnie Waechtler, Administrative Assistant Joe Krabacher, Chair Date RECEPTION#: 573014, 08/2512010 at 04:25:26 PM, 1 OF 2, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Resolution No. PZ - - &2010 Page 2 APPROVED AS TO FORM: Sohn E1 oM ey P004 -10 2737- 181 -00 -008 .. UUUU L4 q APPROVED AS TO CONTENT: Cindy Houben, ommunity Development Director RECEPTION #: 570413, 06/11/2010 at 10:31:22 AM, 1 OF 3, R $0.00 Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITIaNN COUNTY, COLORADO, APPROVING AN ALLOCATION OF A 2010 URBAN RESIDENTIAL GMQS ALLOTMENT Resolution NoAl--2010 RECITALS 1. On April 6, 2010 the Planning and Zoning Commission ( "Commission ") held a duty noticed public hearing, at which time evidence and testimony were presented with respect to Urban Residential Growth Management applications. 2. The Commission reviewed the following application for the 2010 Urban Residential GMQS competition for additional floor area: • Heyman: an allocation of 2,194 square feet for an addition to an existing residence. 3. The Lot is located at 109 Mascotte Lane. PID #: 2737 - 181.00 -008. The Lot is legally described in Attachment A. 4. The Planning and Zoning Commission on April 6,20 10 adopted a motion to accept Staffs scoring of 14 on a 3 -0 vote. The application met the minimum threshold score of 12 points. S. Pursuant to Section 2 -30-40 of the Code, the Commission's scores were forwarded by Resolution to the Board of County Commissioners ( "BOCC ") on April 14, 2010. 6. No appeals of the Commission's scores were filed within the required 14 day appeal period. NOW, THEREFORE BE IT RESOLVED by the BOCC that it does hereby approve an allocation of 2,194 square feet of floor area to the Heyman residence for the 2010 Urban Residential GMQS competition subject to the following conditions: I. These allocations are conditioned upon the Applicant's recordation of a covenant documenting the representations made in the application and the April 6, 2010 Planning and Zoning Commission public hearing for the additional floor area. This covenant shall be reviewed by the Community Development Department and, if it is found acceptable, will be approved and recorded against the property, prior to submittal of any permits. 2. 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 the Pitkin County Land Use Code § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on May 12, 2013. APPROVED ON THE 12 day of May, 2010. PUBLISHED AFTER ADOPTI N FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklv on the ¢d of 2010. RECEPTION #: 570413, 06/11/2010 at 10:31:22 AM, 2 OF 3, Janice K. Vos Caudill, Pitkin County, CO Resolution No4 -2010 Page 2 Jones the BOCC APPROVED AS TO FORM: i John Ely, County AtWrn4 - y PID # 2737.181- 00-008 ?004 -10 BOARD OF COUNTY COMMISSIONERS OF qT j TK IN COUNTY, LORADO Bv/ , 11 RMS AAAV ' -�- George N a t; Chair Date � D APPROVED AS TO CONTENT: Cindy Houben, Community Development Director n ,qnnn6 COVENANT IN ASSOCIATION WITH THE PITYIN COUNTY 2010 URBAN AREA RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM ALLOTMENT AWARDED TO THE HEYMAN PROPERTY THIS COVENANT is made on the day of o & jj„ C __, 2010, by the Bruce Heyman QPR Trust, who owns the property located at 109 Mascotte Lane, with parcel identification number 2737 - 181 -00 -008, lying in Pitkin County, State of Colorado, hereinafter referred to as the "Property" and described in the attached 'Exhibit A ". I- On. April 6, 2010, the Pitkin County Planning and Zoning Commission held a duly noticed public hearing with respect to the 2010 Urban Area GMQS Competition for Additional Floor Area. i. By Resolution No. PZ -06 -2010, recorded at Reception No.573014, dated August 25, 2010, the Planning and Zoning Commission forwarded its recommended scoring to the Board of County Commissioners ( "BOCC ") whereby the Application was awarded a score of points. 3. The Board of County Commissioners accepted the recommended scoring of the Planning and Zoning Commission and by BOCC Resolution No.062 -2010, recorded at Reception No. 570413 awarded the Application a GMQS allocation of 1,920 square feet of additional floor area. q. Resolution No. 062 -2010 provides that the allocation of additional floor area to the Owner is conditioned upon the written agreement of the Owner detailing the representations made by the Owner in their application and the recording thereof as a covenant runnin with the land. 5. This Covenant is adopted by the Owner in fulfillment of the above- referenced requirement. NOW THEREFORE, as the residential square footage allocation is conditioned upon the representations made in the Application, no building permit to utilize the awarded additional square footage shall be issued until the following covenant detailing the representations made in the Application, and recognized by the Commission though the award of points, has been recorded in the office of the Pitkin County Clerk and Recorder. 1. REPRESENTATIONS (a) Impacts on Public and Private Facilities: The Applicant shall place, at its own expense and prior to issuance of a Certificate of Occupancy for any Building Permits utilizing the additional floor area, improvements to allow emergency vehicles to turn around at the comer of Mascotte Lane and Ardmore Drive. The improvements shall conform to the standards for tumarounds established by the Aspen Fire Protection District as shown on Exhibit B. (b) Road System. RECEPTION #: 574661, 10/28/2010 at 01:03:56 PM, I of 6. R $36.00 Doc Code COVENANTS Janice K. Vos Caudill, Pitkin County, CO onrin ^.7 The Applicant shall also place at their expense and prior to issuance of a Certificate of Occupancy for any Building Permits utilizing the additional floor area, a pull -off area near the corner of Mascotte Lane and Ardmore Place to allow traffic on these private, single -lane roads to safely pass one another. The pull -off will conform to the road standards required within the Pitkin County Asset Management Plan as shown on Exhibit B. 2. RECORDATION: Once fully executed, this Covenant shall be recorded in the Office of the Pitkin County Clerk and Recorder. 3. NOTICES: Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To the Owner: Bruce Heyman QPR "Crust 2035 Magnolia Chicago, I1160614 To Pitkin County: Community Development Department 130 S. Galena St. Aspen, Colorado 81611 With a copy to: Pitkin County Attorney 53o East Main Street, Third Floor Aspen, Colorado 81611 4. BINDING EFFECT: The provisions of this Covenant shall run with and constitute a burden on the Property and shall be binding on and inure to the benefit of the Owners, their successors, personal representatives, and assigns, and Pitkin County, its successors, personal representatives, and assigns. 5. AMENDMENT: This Covenant may be amended only by written instrument executed by the parties, upon approval by the Pitkin County Board of County Commissioners. 6. SEVERABILITY: If any of the provisions of this Covenant are determined to be invalid, it shall not affect the validity of the remaining provisions hereof. 7. ATTORNEY'S FEES: In the event of litigation for the enforcement of the provisions of this Covenant, the prevailing party shall be awarded its reasonable court costs and attorney's fees. 8. NON - WAIVER: Any failure to enforce a requirement of the Covenant shall not constitute a waiver of the right to enforce any other requirement, and shall not constitute a waiver of the right to any further enforcement of any requirement of this Covenant. onnnAg APPROVED AS TO FORM: Cindy Houben, Community Development Director OWNER: go By: Bruce Heyman QPR Trust Date: 3� c q o,r1 n 4 9 Exhibit A Legal Description A TRACT OF LAND BEING PART OF THE RIVERSIDE PLACER U.S.M.S. NO. 3905AM, SITUATED IN SECTION I a, rDWNSHIP 10 SOUTH. RANGE 84 WEST OF THE 6th PRINCIPAL MERIDIAN, PITKIN COUNTY COLORADO, DESCRIOED AS FOLLOWS; Al CORNER NO. 2 OF THE RIVERSIDE PLACER U.S.M.S, 3905AM ZASS CAP IN PLACE); 8T39'W 205.10 FEET TO CORNER NO. 3 OF U.S.M.S. 6889AM (A 1954 THENCE N 00'28'E 157.04 FEET TD THE POINT OF BEGINNING, CONTAINING 1.29 ACRES MORE OR LESS. nonn50 Exhibit B Emergency Vehicle Turnaround and Vehicle Pull -off As Approved by the Aspen Fire Protection District C�nnn51 !� 3�N30153H NVWA H pll'�nd Wn 9A3 �' I r � � I � r I i � u i � I x II I /ARDMORE DRIVE I � Q - -- -� - - -- -- -- - - - --- --------- - - -- t low I a I Y Z U Q IQ I I Y n Al f� p �Ll �i Q Ial f ji � I•• — ,i I p r v omnn52 RECEPTION#: 570413, 0611112010 at 10:31:22 AM, 3 OF 3, Janice K. Vos Caudill, Pitkin County, CO ,Legal Description Street Address: 109 Mascotte Lane, Aspen, CO 81611 Legal Description: A TRACT OF LAND BEING PART OF THE RIVERSIDE PLACER U.S.M.S. N0, 390SAM, SITUATED IN SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 8th PRINCIPAL MERIDIAN, PTTKIN COUNTY COLORADO, DESCRIBED AS FOLLOWS: THE RIVERSIDE PLACER U.S.M.S. 3905AM V CORNER NO. 3 OF U.S.M.S. 6889AM (A 1954 0 THE POINT OF BEGINNING, CONTAINING 1.29 ,1nnn53 Exhibit 7: Proposed Site Plan, Floor Plans, Elevations and Renderings of the Residence with the Allotted Floor Area (24" x 36" Drawings are also attached) ISy r �r MIDLAND PARK SUBDIVISION ASPEN VIEW CONDOMINUMS DECK I I DECK I I© • r • r r MAIN RESIDENCE — MMtlapiFbpM•X (LpNrXM NI•ppoer•) U.S.F.S. 0 d K 0 z ea Cl II om WsrJlr�W • IIn.nI,NYN M LEGAL DESCRIPTION NpIRVIMa1gINXX1fa MRNpOa N.,MUY44W�Ny•� mwioarcxgmxeiYr�oam, NW aNXRPMgppY�ILMaIXYI� aN¢N6YNY WPMR CXIJ®MNLC,L ®rN]Ni DAAM IOMIYI� ®II.m1Y1M).1X1W1 41pItlY�MpXIgY 11�ISNApW aNIOIQIFR,ItlIX1]OYJIIt MIIW (NUa My W a X.VVZfi MIXiNpNTN1aARR�MNSl M'yt))l-0.IHf Tp2MBflN Yple/� TMiXMr14N1Yf;lIWiXtl'M piArpf.Ylplp XAlrXUl.tl NR, TppX Wtlf WpNIfIOM MTPOr01; WTygp3a.W N]Ir PIpR 000055 (N 88p30'00'N) 108.03' CALC �IAWp 1VRNDg 000056 pOSS ARCHITECTURE +PLANNING aor art •m ttun ur4 Draws run O a • � r m nrnu rrer <n arnro wo mm� HEYMAN RESIDENCE REMODEL 109 MASCOTTE LANE SCHEMATIC DESIGN : LOWERLEVEL Irl metro �s OWNW.. x010 -01.1z I r di J � e 1 TERRACE I I UTOW ( I LIMN II I� " OYiWOR WORINO pOSS ARCHITECTURE +PLANNING IIR 1 /If MAI. $11111 IIFIR IOLOIIFI 11111 0 1 A 1 I11 $111101 4140 Ill 111 n1, A A011X 0007 FAMILY 110 I I I FAR KITCHEN lll oil m I� 1 m ilimm . ® IN .� W �,Rmma �III�R�� ® IiRl.: 7i 10��� l HEYMAN RESIDENCE REMODEL 109 MASCOTTE LANE SCHEMATIC DESIGN : MAINLEVEL I0a maw SEEM&. 2010-01 -12 POSS ARCHITECTURE+�PLANNING I. nrnami on I. A.A AA nu O ° r A HEYMAN RESIDENCE REMODEL 109 MASCOTTE LANE SCHEMATIC DESIGN : UPPERLEVEL IM OMWWW06.2010-01•12 lQl F=7 fill 000059 U W 0 co Z Q i LU 2 LANDBCME PLAN L -1.0 � JF I l m 0 a a ,A RECEPTION #: 575731, 12/08/2010 at 03:13:00 PM, 1 OF 3, R $21.00 Janice K. Vos Caudill, Pitkin County, CO AMENDMENT TO THE COVENANT IN ASSOCIATION WITH THE PITKIN COUNTY 2010 URBAN AREA RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM ALLOTMENT AWARDED TO THE HEYMAN PROPERTY LL __ THIS AMENDMENT in made on this day of � QQ_lY1l ; 2010 to the Covenant as recorded at Reception Number 574661 in the Pitkin County Clerk and Recorders Office, dated the 20 day of October, 2010, by the Bruce Heyman QPR Trust, who owns the property located at 109 Mascotte Lane, with parcel identification number 2737- 181 -00 -008, lying in Pitkin County, State of Colorado, hereinafter referred to as the 'Property" and described in the attached "Exhibit A ". i. On. October 28, 2010, a Covenant was recorded regarding the allocation of additional floor area through the 2010 Urban Area GMQS Competition for Additional Floor Area. z. The third recital of said Covenant erroneously states that the Board of County Commissioners awarded the Application a GMQS allocation of 1,920 square feet of additional floor area when in fact the allocation granted was for 2,194 square feet. 3. Resolution No. 062 -2010 of the Board of County Commissioners (Reception #570413) as well as Resolution PZ No. PZ -06 -2010 (Reception No. 573014) both state that the correct floor area allocated as 2,194 square feet. NOW THEREFORE, this Amendment to the Covenant hereby replaces Recital number 3 of the Covenant recorded at Reception No. 574661 as follows: 1. The Board of County Commissioners accepted the recommended scoring of the Planning and Zoning Commission and by Resolution No. 62 -2010, recorded at Reception No. 570413 awarded the Application a GMQS allocation of 2,194 square feet of additional floor area. RECORDATION: Once fully executed, this Amendment to the Covenant shall be recorded in the Office of the Pitkin County Clerk and Recorder. NOTICES: Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To the Owner: Bruce Heyman QPR Trust 2035 Magnolia Chicago, 111 60614 To Pitkin County: Community Development Department 130 S. Galena St. Aspen, Colorado 81611 lC-Y�3 RECEPTION #: 575731, 12/08/2010 at 03:13:00 PM, 2 OF 3, Janice K. Vos Caudill, Pitk= County, CO With a copy to: Pitkin County Attorney 530 East Main Street, Third Floor Aspen, Colorado 81611 BINDING EFFECT: The provisions of this Amendment to the Covenant shall run with and constitute a encumbrance on the Property and shall be binding on and inure to the benefit of the Owners, their successors, personal representatives, and assigns, and Pitkin County, its successors, personal representatives, and assigns. SEVERABILITY: If any of the provisions of this Covenant are determined to be invalid, it shall not affect the validity of the remaining provisions hereof. ATTORNEY'S FEES: In the event of litigation for the enforcement of the provisions of this Amendment to the Covenant, the prevailing party shall be awarded its reasonable court costs and attorney's fees. NON - WAIVER: Any failure to enforce a requirement of this Amendment to the Covenant shall not constitute a waiver of the right to enforce any other requirement, and shall not constitute a waiver of the right to any further enforcement of any requirement of this Amendment to the Covenant. APPROVED AS TO FORM: /4 I .. Cindy Houben, Community Development Director OWNER: ByT Bruce Heyman QPR Trust Date: �a f d RECEPTION #: 575731, 12/08/2010 at 03:13:00 PM, 3 OF 3, Janice K. Vos Caudill, Pitkin County, CO Exhibit A Legal Description A TRACT OF LAND BEING PART OF THE RNERSIOE PLACER U.S.M.S. NO. 3905AM, SITUATED IN SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th PRINCIPAL MERIDIAN, PITKIN COUNTY COLOR", DESCRIBED AS FOLLOWS: AT CORNER NO. 2 OF THE RIVERSIDE PLACER U.S.M.S. 3905AM ?ASS CAP IN PLACE); ST39'W 206.10 FEET TO CORNER NO. 3 OF U.S.M.S. 6889AM (A 1954 IN PLACE)' 89'43'W 2255.59 FEET: 0623'E 31,04 FEET; W50'W 208.03 FEET; D4'54'E 18.19 FEET; Bi'30'E 342.70 FEET; 7624'E 334.61 FEET; 0628'E 167.04 FEET TO THE POINT OF BEGINNING, CONTAINING 1.29 E OR LESS. �� PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on April 5, 2011, the Pitkin County Community Development Director granted approval for the Approving the Heyman Site Plan Review (Case P103 -10; Deter. 9023 - 2011). The property is located at 0109 Mascotte Lane and is legally described as a Tract of land being part of the Riverside Placer U.S.M.S. No. 3905AM situated in Section 18, Township 10 South, Range 84 West of the 6` P.M. The State Parcel Identification Number for the property is 2737- 181 -00- 008. This site - specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S /Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly on APRIL 24, 2011. l of I PUBLIC NOTICE RE: Heyman Site Plan Review (Case P103 -10) NOTICE IS HEREBY GIVEN that an application has been submitted by Bruce and Vicki Heyman (2035 North Magnolia Lane, Chicago, I160614) requesting approval of a Site Plan to construct an addition to an existing residence per their 2009 Growth Management Quota System allocation. The property is located at 0109 Mascotte Lane and is legally described as a Tract of land being part of the Riverside Placer U.S.M.S. No. 3905AM situated in Section 18, Township 10 South, Range 84 West of the 6` P.M. The State Parcel Identification Number for the property is 2737 - 181 -00 -008. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920 -5482. Published in the Aspen Times Weekly on December 12, 2010. Attention All Property Owners within 300' of the subject property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by January 12, 2011. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2 -20 -100 2. I, Tom Newland, being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first - class, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owners of property within 300' of the subject property, as indicated on the attached list, on December 10, 2010 (which is 15 days prior to the deadline of January 12, 2011). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the December 10, 2010, which is at least fifteen (15) days prior to th blic comment deadline. A photograph of the posted sign is attached hereto. eW cG Applicant's name (Attach photograph here) Signed before me this Td y of L 2011by /ate N-r - /r. C WITNESS MY HAND AND OF L SEAL My commission expires: ICI / Not P 1'c Notary Public's Signature TE��WLr,TX NOTARY PUBUC STATE OF COLORADO MY COMMISSION EXPIRES 9/21/2014 14 1� 1� A � 1 III i � i iii 1 4 INC 'ry I lk � PPP w. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX4 (970) 920 -5439 December 1, 2010 Tom Newland 417 Original Road Basalt, CO 81621 tomn ,sopris.net Re: Heyman Site Plan Review (PID #2737 - 181 -00 -008; Case# P103 -10) Dear Mr. Newland: 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. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300' of the subject property with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by December 12, 2010. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice who wishes to submit comments or objections to the Community Development by 12` day of January, 2011. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 28` day of December, 2010, which is at least fifteen (15) days prior to January 12, 2011. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2 -20 -100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 MEMORANDUM To: Ardmore Homeowners Association FROM: Mike Kraemer, Community Development Department Michael.kraemerQco.pitkin.co.us Re: Heyman Site Plan Review (PID 2737 - 181 -00 -008; Case P103 -10) DATE: December 1, 2010 Attached for your review and comments are materials for an application submitted by Bruce and Vicki Heyman. The Pitkin County Community Development Director will review the application. Please return your comments to me by Wednesday, January 12, 2011. http • / /www.aspenpitkin.com/Portals /0 /does /county /Com %20Dev /Plannin /g Land Use AP plications /P103 10 app.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie .waechtlergco.pitkin.co.us or 920 -5109. Thank you. Michael Kraemer From: Al Beyer [abd @sopris.net] Sent: Friday, December 03, 2010 4:17 PM To: Michael Kraemer Cc: Tom Newland; bruce heyman; Vicki Heyman, Ruthie Brown Subject: Re: Heyman Mike, We have reviewed the Heyman development application and are happy to endorse it. This plan is the result of a compromise where the Heymans agreed to not build an earlier proposed development that would have chewed up much more open space and would have negatively affected our property. Thankfully, the Heymans and their architects /planners came up with a scheme that keeps the development close to the existing structures and ultimately less intrusive. It will also look good. We appreciate their commitment to creating a win /win situation and glad to be neighbors. Sincerely, Al Beyer and Ruthie Brown Email secured by Check Point W1 PITKIN AUNTY COMMUNITY DEVEL.,„,PMENT Permit Receipt RECEIPT NUMBER 00030158 Name: Newlan Project Resources Inc Date: 11/29/2010 Project Address: 109 MASCOTTE LN Type: check # 4153 Permit Number 0103.2010. PLAN 0103.2010. PLAN 0103.2010. PLAN Fee Description Amount PP- Flat Fee PP- Clerk Tech Fee PP- Public Notice Fee Total 1,560.00 25.00 54.00 1,63900 BRUCE AND VICKI HEYMAN SITE PLAN 8f(p P 74 LEGAL DESCRIPTION svwrte . gncR' n mRwam , �nx. vwa R.:s. or „rt w, Psww wwvuw v x awnoo. o1xcA®a rcunXs � w z�a wE mumec nsd a s.,�s ]su sass �e�] p sv�zm,a m wwaEx w J or us.s e�sw N ,sv Tlfl¢ x sa Y bs R VF[r HENS S 06}]4 ]!b 1£EI, lIB 1YB2 LL 5 �E 610 Cffi TPE 5 613YE W.M R£[ T�rEMCE� �FE�� .M �t�Yi iD M PoXIf K BEt,wc cvrtuuF � ID SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN PITKIN COUNTY, COLORADO Parcel ID: 273718100008 ^m ASPEN VIEW CONDOMINUMS MIDLAND PARK SUBDIVISION LOT 3 I EAST MEADOW SUBDIVISION ¢ o� �3 n� �3 ;a m9 n; (t b as NC/N/TY MAP KTS SITE PLAN REVIEW WAVER .237 S OFF R 1WJanlc 03 ]]'SE PM,,OF, RN104 Janice l( v a. T n uSK PRbcaomy, co r e6 x Pc Ts COMMUNITY DEVELOPMENT DIRECTOR ACCEPTANCE FOR RECORDING fF£r o 3p W f T crsAPwc scaF cowrgAe Iw1ERYAt — z Rcr PLAT NOTES 11 THE ENCROACHMENTS SHOWN OVER THE NORTH PROPERTY LINE ARE ALLOWED AS PER THE LEASE AGREEMENT RECORDED AS RECEPTION "7N 7 M THE PRKIi COUNTY CLERK AND RECORDERS OFFICE. P) THE BUILDING AND LANDSCAPE ENVELOPES SHOWN ARE AS APPROVED ON THE 1061 WARD REVIEW PUT RECORDED AT BOOK 88, PAGE S7 OF THE PTK(N COUNTY CLEJW AND RECORDERS OFFICE. 3) THE FLOOR AREA SHOWN ON THIS PUT COMP ES WITH THE GMOB APPROVALS GRANTED N RECEPTION 757N13. 105IM4, AND 10575731 OF THE PMON COUNTY CLERK AND RECORDERS OFFICE. A) THE SURVEY INFORMATION SHOWN HEREON S BASED ON A SURVEY CONDUCTED BY ASPEN SURVEY ENGINEERS DATE MAY OF CONTOURS WERE OBTAINED FROM THE CITY OF ASPEN CIS DEPARTMENT 5) ANAL HAS BEEN GRANTED BY THE BOARD OF ADJUSTMENT FOR THE PORTION OF THE MAN HOUSE EXTENDING INTO THE SACK YARD SETBACK THIS APPROVAL WAS GRANTED ON MARCH 7. t771 AND S RECORDED IN SOCK 861, PAGE M OF THE PRKN COUNTY CLERK AND RECORDERS OFFICE