Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
pitkin.planning.264501300102 (4)
w.: 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) IrLV1�:iHr / -. �.7RIr1ikI:I:i CASE NAME:IOates 1041 Hazard Review PROJ ADDR: 1355 Watson Divide Rd S -T -R 1 -9 -86 '1 OWN /APP: Fates ,Cherie ADR F CIS /Z:F— REP: C /S /Z: PHN Email Addr: I ALLOCATED HOURS: FEES DUE:: FEES RCVD:F— % OVER: REFERRALS REF: 7— BYF DUE:F MTG DATE 7— REV BOD PH NOTICED No �— No No DATE OF FINAL ACTION: 8/5/1986 BOCC Reso: F— BOCC Ord: F— PZ: 86-22 #280234 HRG OFF: HO INDEX: ADMIN: REMARKS no maps . Vo CLOSED: BY: —J PLAT RECORDED F PLAT (BK,PG):F ADMIN INDEX VR APPROVAL DATE: F— VR EXPIRES:F CASE TYP: 11041 Hazard Review CASE TYP5 CASE TYP2:1 CASE TYPE CASE TYP3: 1 CASE TYP7: 1 Mom CASE TYP4: Date Scanned: 8/22/11 File Location: IFF BOX #196 ecc>< 516 P 18 280234 LORcTTA BANNER PITKIN CTY. RECORDER AUG 6 11 o AM X86 RESOLUTION OF THE PITKIN COUNTY PLANNING AND ZONING COMMISSION GRANTING SPECIAL REVIEW APPROVAL FOR THE OATES 1041 HAZARD REVIEW Resolution No. 86 -22 WHEREAS, an application was submitted to the Aspen /Pitkin Planning Office by Cherie Oates (hereinafter "Applicant ") requesting special review approval of a 1041 Hazard Review with respect to geological and wildlife considerations on property (described on Exhibit "A" attacl hercto; lvcatud off the Watson Divide Road within the Woody- Creek 7 1 /2 minute quadrangle; WHEREAS, the property was created by a court, partition to which the County was party and is a legal non - conforming lot as to lot size; WHEREAS, the Pitkin County Attorney has determined that the subject parcel is exempt from the growth management procedure; WHEREAS, the Applicant proposes to build a single family residence of approximately 3,000 square feet, a barn of approximately 750 square feet, and a horse corral /arena of approximately 3,000 square feet; and WHEREAS, the Pitkin County Planning and Zoning Commission (hereinafter "Commission ") heard this application at a duly noticed public hearing at their regularly scheduled meeting on JL � 601 0'r y �j r Resolution No. 86 -22 Page 2 �« 546 FmE 49 July 22, 1986, and considered evidence and testimony with respect to this application. NOW, THEREFORE, BE IT RESOLVED by the Commission that it does hereby grant approval to the Oates 1041 Hazard Review, subject to the following conditions: 1. The proposed building envelopes for the new home, barn, and horse corral ' /arena shall be located to the east of the road to te county repeater, which shall be delineated on the site plan required in Condition Two, approximately in the middle of the property. 2. Prior to the issuance of any building permit the applicant shall submit for recordation at the Pitkin County Clerk and Recorder's Office a site plan which is a mylar sheet size of 24" x 36 "; which is a minimum scale of 1:200 feet; and which details the building envelope locations including the barn, access drives, the road to the county repeater, corrals, parking, and landscaping. This site plan shall be reviewed and approved by the Planning Office and County Attorney prior to its recordation. 3. The applicant shall grant an access easement through the property to Pitkin County for maintenance of the county repeater. 4. To protect wildlife; a. Dogs shall be prohibited. b. No fences shall be constructed that inhibit wildlife movement. Fences shall be no higher than forty -two (42) inches or contain no more than four (4) strands of wire. C. The state of the existing vegetation to the west. of the road to the county repeater shall not be disturbed or changed. d. Construction on the subject parcel shall be prohibited between December 1st and April 15th; annually. 5. The applicant shall comply with the geological report drafted by Nicholas Lampiris, consulting geologist, dated April 28, 1986, and attached hereto as Exhibit 0 1 00 ;.41. I M Resolution No. 86 -22 Page 3 "B, recommending: eou 516 mn 50 a. A soils engineering study at a site specific level for the proposed single family home and the barn in order to insure proper foundation design; and b. landscaping designed to conduct and divert surficial water flow from the foundations of the proposed building envelopes: unless suitable alternate methods are approved by a professional engineer. 6. The applicant shall provide an area for vehicular parking which shall not be located on the access road right- of -way. 7. The applicant shall be required to underground all utilities. 8. The horse arena shall be. restricted to private, non - commercial use only unless a subsequent application for a commercial use is submitted for special review approval. 9. The applicant shall agree to waive any claim against the county regarding the safety or the condition of the Watson Divide Road. 10. Any additional construction or remodelling of the proposed buildings shall be submitted for special review approval. APPROVED by the Board at its regular meeting on August 5, PITKIN COUNTY PLANNING & ZONING COMMISSION By Peter G iy Vice Chai man ATTEST: 0iyAoq *rely _ Barbara Norris, Records Administrator Assistant U r. 3��_U3 8COK 516 pmlm 51 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NW 1/4 Sr; 1/4 AND THE NE 1/4 SW 1/4 OF SECTION 1, TOWNSal? 5 SOUTH, — RANGE 86 WEST OF' THE 6TH P__M_, - PIT3= COUNT°_, COLORADO, LYING SOUTHERLY OF EAST —WEST ;TERLNE OF - - SECTION 1, SAID TRACT BEING DESCRIBED AS FOLLOWS:* BEGINNING AT A POINT WHEN CE THE WEST 1/4 COITi7E:4 OF ,SAID - SECTION 1 BEARS S 89 W - 270.04 =T; - MMNCE N 89 °59'05" E" 1301.92 FEET ALONG SAID EAST -WEST C...i'�ITERLINE OF SECTION l; THEENCE S 29 0 30'21 W . - 51.79 FEET; ' _THENCE S 65 "51' 37" .W . '464.65 - THENCZE N 76 "11'39" W :340.00 -FEET; - - ;THEi�IC S 63 0 09 1 03" W 1 309_56 T=T; THEN- CE N 76 0 11'39" W--64.90 FEET; TH="=- S 53 °16' 21" W • 228.19 =T; =7=— N 00 0 00'55" W 414.40 F= TO A P012Tf ON THE ' SAID EAST —WEST CNTERLNE OF SEC ^_ION 1, THE PONT OF BEGi INNG, CONTAINING 6_ 135 ACZS, MORE OR LESS Exhibit "A" Resolution #86 -22 ��lL� C Nicholas Lampiris, PhD CONSULTING GEOLOGIST P,O. BOX 10935 ASPEN, COLORADO 81612 (303196 }3600 9256020 ASPEN OFFICE April 28, 1986 Lenny Oates Dates, Hughes & Knezevich 533 E. Hopkins Ave. Aspen, CO. 81611 -_I ecu 516 MAU 52 RE: Watson Divide, Cherie G. Oates Property Dear Mr. Oates: I have completed my geologic investigation for purposes of House Bill 1041 of the approximately six acre tract at the- crest of Watson Divide. The property lies in the west half of Sec. 1, T 9 S, R 86 W, of the Sixth P.M., within the Woody Creek 7 1/2 minute quadrangle, Pitkin County, Colorado. The building envelope is a flat, sagebrush covered area just north of an existing home. There are sandstone and basalt boulders scattered about the site. A barn is contemplated near the west end of the property on some similar, but gently southwest dipping terrain. An access road leads past the existing home to the building site. The geology of the site consists of a surficial Quaternary gravel cover which is probably a remnant of outwash deposits of one of the first glacial episodes. -.The underlying bedrock is probably some portion of the lower -most Mancos Shale of Cretaceous age. The Fort Hays Limestone Member crops out on the hillside above the property and dips generally 20 to 40 degrees to the south. In addition to the normal Mancos type shale, this limestone unit may also underlie the surficial deposits. The building site, as described to me, is quite suitable in that it is very flat and consists of suitable sand and gravel soils with occasional boulders. There is not any drainage that could adversely affect the site and the building envelope does not include the moderately steep slope at the east end of the property. The barn site has been mapped as Quaternary talus, but appears very similar to the surficial material at the home site. In both cases, the resulting buildings should be landscaped so as to conduct surficial water flow away from the foundations. Soils engineering should be performed at the site specific level for the home and perhaps the barn in order to insure proper foundation design. Exhibit "B" Page One of Two Resolution #86 -22 JL - -( ecu 516 PAGE 53 April 2B, 1986 Watson Divide, Cherie G. Oates Property Page Two Water for domestic use will have to be obtained through the drilling of a well. It may be that even though the surficial deposits are fairly high, a shallow well in these deposits may yield enough water for a single household. Otherwise, a well into the bedrock formations will be necessary, and could go to 200 feet or more before sufficient quantities of water are encountered. The same general interpretation can be made for a well site down the hill to the east at the extreme east corner of the property. The existing home just south of the property is presumably on a successful well. Waste disposal should be readily available through the use of a septic system with accompanying leach field in the permeable soils of the surficial deposits to the west of the home site. This is an excellent site for the development contemplated. If there are further questions, please do not hesitate to contact me. Sincerely, Nicholas Lamp - iris Consulting Geologist encl. NL /clk Exhibit "B" Page Two of Two resolution #86 -22 1 . J Uj . V36 MEMORANDUM Im TO: Pitkin Countv Planning and Zoning Commission FROM: David W. Dallas, Planning Office Intern RE: Oates 1041 Hazard Review DATE: July 22, 1986 --------------------------------------------------------------- REQUEST: 1041 geologic (Mancos shale, Potentially Steep glopes)r and Wildlife Hazards for the purpose of constructing a residence with barn and horse arena. APPLICANT: ^herie r. Oates. LOCATION: The tract of land is situated in the NW 1/4 SW 1/4 and the NE 1/4 SW 1/4 of Section 1, Township 9, South Range 86 west of the 6th P.M. Pitkin County, Colorado lying southerly of the east -west center line of Section 1 within the Woody Creek 7 1/2 minute quadrangle. ACCESS: Off Highway 82, through the Watson Divide Road onto private easements. SEWER: Droposed conventional septic tank - absorbtion system with accompanying leach field. WATER: To be supplied from a well. SITE DATA: The site is a 6.13 acre parcel that is a non- conforming property created by a court partition to which the County was a party, and is located in an area that is zoned RS -30- It is a legal non - conforming lot (as to lot size) . PROJECT DESCRIPTION: The applicant proposes to build a single family home of approximately 3000 sq. ft. in addition to a barn of approximately 750 sq. ft. and a corral of approximately 3000 sq. ft. on 6.13 acres. The access to the homesite is from Watson Divide Road along an already existing driveway and on further into the site by a 20 foot wide easement which leads past an existing home. Geologic - The applicant's consultant nr. Lampiris has stated in his letter dated 4 -28 -86 that the site is buildable with the following conditions: a) That soils engineering should be performed at the site specific level for the home and perhaps the barn in order to insure proper foundation design. b) That the resulting buildings should be landscaped so as f 3'v ' �YJ I 4� to conduct surf icial water flow away from the f oundations- Wildlife - According to 1041 Hazard maps the property is located in an area that is a critical winter range as well as migration path for Elk and Deer. Slopes - As noted by the hazard an area with slopes that range degrees. The building envelope barn located at the west end of southwest dipping terrain. n, buildinq site is quite suitable. that could adversely effect the s does not include the moderately of the property. REFERRAL AGENCY COMMENTS: maps the site is located in from 10 to qreater than 45 is on a flat area with the the property on a gently 7. Lampiris states that the There is not any drainage ate and the building envelope steep slope at the east end 1. Geologic Survey - In a letter dated 06 -20 -86 Jeffrey Hynes states that he has reviewed the materials submitted and has no objections to the approval of the application. 2. Environmental Health - a) Water Supply - In a memo dated 07 -01 -86 Bob Nelson notes that water is to be supplied from a well and that a domestic water supply of adequate quantity and of satisfactory quality can be developed. b) Sewage Disposal - The disposal of wastewater from the residence can be accomplished with a conventional septic tank- absortion system meeting Pitkin County regulations. The general soil type of the lower part of the site is classified as 28D by the Soil Conservation Service and should prove acceptable f or the construction of leach field trenches. The house to the south of the building envelope utilized a conventional sewage disposal system and it continues to function in an acceptable manner after ten years of use. c) Air Quality Impacts - The property is located in an area of the county where there is minimal air quality impact from residential uses- It is required that only one fireplace may be installed, and there is no limit to the number of wood stoves which can be used should the applicant wish to use them. 3. County Engineer - In a memo dated 06- 23 -86. Tom Newland forwarded the following comments: a) Follow Dr. Lampiris' suggestions regarding soils engineering tests to insure proper foundation design and landscaping to provide positive drainage flow away from the the building. 1, 1 . b) Since the driveway already exists there should not be a need for additional encroachments on the county road. c) The applicant should be aware that Watson Divide Road is placed on unstable geologic formations, and can only be driven at the motorist's own risk. Therefore, the county should not be held responsible by the applicant to make any improvements to this road, now or in the future, just to henefit this parcel and its associated dwelling unit. d) The grant of right -of -way for access road and utilities provided by the applicant states that the right -of -way "shall in no event be utilized for the purposes of leaving or parking vehicles thereon... ". The applicant should provide an area for vehicular parking that is removed from this right -of -way to allow for this clause. Division of wildlife - In a letter dated 04- 14 -86, Randy Cote stated that the parcel lies within critical deer and elk winter range, as well as migration paths. It was felt that due to the existing home, the impacts of the second home could be minimal depending on activity levels and disturbance. There was some concern with the removal of existing vegetation to allow for livestock grazing. The followinq recommendations were listed if the development was allowed. a) The home placement should be as close to the existing home as possible. b) That fencing should not be allowed. c) That dogs should not be allowed. d) Every effort should be made to maintain the existing vegetation on the site. STAFF COMMENTS- 1. The present location of the barn /corral building envelope is approximately 600 feet to the west of the house building envelope. Based on Randy Cote's comments, we feel that the distance between these two envelopes could possible disrupt the elk and deer migration paths that already exist, and that the building separation should be reduced. 2. Visually the house will be located in an area where it will be seen easily particularly from Watson Divide Road. It is felt that the development of the site should be as unobtrusive as possible. Given that the existing utility access is presently underground it is felt that the undergrounding of utilities should be maintained throughout the site. 3. The present site map that has been submitted is noted as being at a size that is too large to permit adequate review the development of the site. 1:200 might be a more appropriate scale. 4. The actual size, dimensions, and location of the horse arena /corral have not yet been defined in detail. (It is felt that this information is important in the overall development of the site and should be included in later submissions). The barn and corral area should be located as close to the residences as possible to mitigate wildlife impacts. The applicant should submit a new site plan for Planning Office review locating these structures. 5. It has been noted by John Dady of the Pitkin County Communi- cations nepartment that the historical access to the Pitkin County Repeator site runs through the site. With the selling of the Gerbaz property this access was lost. We request that the applicant grant access for maintenance of this facility. 6. A site specific soils engineering study should be completed for both the home and the barn in order to insure proper foundation design. 7. The resulting buildings should be landscaped to conduct drainage awav from the foundation. 8. It is felt by the planning staff in the future that the full development potential of the parcels around Watson Divide and Williams Hill should be looked at before piecemeal development of the area occurs, that could create major wildlife impacts. This issue will be addressed in the forthcoming Down Valley Comprehensive Plan. 9. The application is not clear as to whether the horse arena is to be for personal or commercial purposes. We have not considered the impacts of a commercial operation (traffic, employees, etc.) nor taken this operation through the necessary special review and therefore it must be restricted to private use only. REOOMMBNDATION: The Planning Staff recommend that the Planning and Zoning Commission grant 1041 Hazard Review approval of this application subject to the following conditions: 1. The barn and horse corral /arena and the new home should be located closer to the existing house than is presently indicated. We are presently awaiting information from Randy Cote on an acceptable distance from the house for the location of the barn, which should be available at your meeting. -'uJ 2. prior to the issuance of any building permit the applicant shall submit a site plan at a sheet size of 24" x 36" for recording which details building locations, access drives, corrals and parking at a scale of at least 1:200. This site plan shall be reviewed and approved by the Planning Office and County Attorney prior to its recordation. 3. The applicant shall grant an access easement across the property to Pitkin County. 4. To protect wildlife: a. Dogs shall be prohibited. b. No fences should be constructed that would inhibit wildlife movement. Fences shall be no higher than 42 inches and contain no more than 4 strands of wire. 5. The geologic report recommendations shall be followed unless suitable alternate methods approved by a professional engineer are followed. These recommendations include: a. A soils engineering study should be performed at the site specific level for the home and the barn in order to insure proper foundation design. b. The resulting buildings should be landscaped so as to conduct surficial water flow awav from the foundations. 6. The applicant should provide an area for vehicular parking that is removed from the access road right -of -way. 7. The applicant shall be required to underground all utilities. 8. The horse arena shall be restricted to private, non - commercial use only unless a subsequent application for a commercial arena is given special review approval. JT JANEP:OATS ASPEN *PITKIN .� ENVIRONMENTAL HEALTH DEPARTMENT M E M O R A N D U M TO: FROM: Francis Krizmanich, Planning Office Bob Nelson, Department of Environmental Health DATE: July 1, 1986 RE: Oates 1041 Hazard Review Parcel ID# 2645- 013 -00 -102 This department has for compliance with local requirements, Land Use Code under review comments for proposal: reviewed the recently forwarded submission Colorado Department of Health Regulations, and those specifications in the Pitkin County our jurisdiction. We present the following your consideration regarding the referenced The proposal indicates that water is to be supplied from a well and that a domestic water supply of adequate quantity and of satisfactory quality can be developed. We have no reason to doubt the conclusion included in the geologic report that an acceptable water source should be possible to develop. SEWAGE DISPOSAL The disposal of wastewater from the residence can be accomplished with a conventional septic tank - absorption system meeting Pitkin County regulations. The general soil type of the lower part of the site is classified 28D by the Soil Conservation Service. This type of soil is a cobbly, sandy loam which exhibits rapid permeability and low swelling capacity when wet. It should prove acceptable for the construction of leach field trenches. The house to the South of the building envelope utilized a conven- tional sewage disposal system and it continues to function in an acceptable manner after ten years of use. 3. AIR QUALITY IMPACTS The property is located in an area of the county where there is minimal air quality impact from residential uses. It is required that only one fireplace be installed, and there is no limit to the number of wood stoves which can be used should the applicant wish to use them. 130 South Galena Street Aspen, Colorado 81611 303/925-2020 U TO: Francis F.riznanich, Planninq Office FROM: Tom Newland, Planninq Fngineer RE: Oates 1041 Hazard Review DATE: June 23, 1.986 Jun 2 A io i i I have reviewed the applicant's submission and would like to forward the followinq comments: Geologic Concerns: Soils engineering tests to insure proper foundation design and landscaping to provide positive drainage flow away from the building should be incorporated into the conditions of approval as per Dr. Lampiris' geologic investiga- tion of the site. Road /Trail Design: I am satisfied with }fanner and Associates determination concerning the access easement to the property. Since the driveway already exists there should not be a need for additional encroachments on the county road. The applicant should be aware that Watson Divide Road (county road #8) is placed on unstable geologic formations, and can only be driven at the motorist's own risk. Therefore, the county should not be held responsible by the applicant to make any improvements to this road, now or in the future, just to benefit this parcel and it's associated dwelling unit. The grant of right -of -way for access road and utilities provided by the applicant states that the right- of-way "shall in no event be utilized for the purposes of leaving or parking vehicles thereon... ". The applicant should provide an area for vehicular parking that is removed from this right -of -way to allow for this clause. There are no trails, existing or proposed, crossing_ this parcel of land. RICHARD D. LAMM GOVERNOR PI -86 -0024 JOHN W. ROLD DIRECTOR COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES (/(�� - 718 ST DENVER, COLORADO 802 3 PHONE (3 3) 866-2611 TREE I� f v,�. V'i • J June 20, 1986 Mr. Francis Krizmanich Aspen /Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Dear Mr. Krizmanich: RE: OATES 1041 REVIEW We have reviewed the materials submitted on this proposal and the surrounding geologic setting. We have no objection to the approval of this application. Yours truly, Jeffrey L. nes Engineering Geologist bjj:JLH -86 -102 3133/9 GEOLOGY STORYOFTHEPAST...KEYTOTHEFUTURE May 16, 1986 Mr. Leonard Oates, Esq. 533 E. Hopkins Ave. Aspen, CO 81611 RE: Access Easement Dear Mr. Oates: On May 14, 1986, we profiled the access easement to your property on Watson Divide and evaluated its compliance with adopted Pitkin County Standards and Specifications. The access easement is twenty feet wide and approximately 1026 feet long and located in Section 1, Township 9 South, Range 86 West. The driveway profile averages 7.7 percent for the first 500 feet and 5 percent for the remainder. The driveway is oriented toward the South - South -West and should receive good solar exposure. The Woody Creek Geologic Quadrangle Map of 1972 shows the access easement situated on a gravel deposit. Therefore, the soil bearing capacity should be excellent and no erosion or maintenance problems should be encountered. The Pitkin County Road Standards and Specifications of 1985 established basic design criteria for driveway. The Specifications allow a width between 8 to 16 feet and a maximum grade of 12 percent. They specify minimum stopping sight distances for various design speeds. However, none of the tabulated values apply to the Watson Divide Road due to its geometry. AASHTO recommends the following formula for calculating stopping sight distance: SD = 1.47(t) MPH + (MPH) 2 3T(T -q ) Assuming a normal running speed of 15 mph at the crest vertical curve on Watson Divide and a reduced coefficient of friction, the recommended safe stopping sight distance is 99 feet. The available stopping sight distance at the driveway intersection is approximately 250 feet west of the driveway and 145 feet to the east. Therefore, since the available distance is greater than the code requirement, the location is suitable. BANNER ASSOCIATES, INC. CONSULTING ENGINEERS & ARCHITECTS SURE 6, 605 EAST MAIN ASPEN, COLORADO 81611 (303) 925 -5857 BANNER ASSOCIATES, INC. CONSULTING ENGINEERS & ARCHITECTS 2777 CROSSROADS BOULEVARD GRAND JUNCTION, CO 81506 • (3031243- 2242 ^99 -, tt J;j' • V 1 r in. ✓ The driveway standards allow a twenty foot wide right -of -way where sideslopes and utilities can be constructed within the easement. Since no public utilities are to be extended to your building site and since this is an existing driveway with a very low crossection and no cut or fill slopes, the easement width is more than adequate. All told, the existing driveway and access easement conforms to adopted County standards and no safety, maintenance or environmental problems should result from its continued use. I hope this analysis will resolve any concerns that Pitkin County may have relative to the adequacy of this easement. If you have any questions or need additional information, I can be reached at 925 - 5857. Sincerely, A ,")ux4c- Patrick Dobie, P.E. Consulting Engineer BANNER ASSOCIATES, INC. r -, -,: , , -, ; j�_�1_ STATE OF COLORADO - Richard D. Lamm, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE James B. Ruch, Director 6060 Broadway Denver, Colorado 80216 (297.1192) April 14, 1986 TO: Pitkin County Planners C FROM: Randy Cote, CDOW l RE: Oates -- probable 1041 submission Watson Divide The six acre parcel in question lies within critical deer and elk winter range, as well as migration paths. Because of an existing home, the impacts of a second may be minimal depending on activity levels and disturbance. My concerns lie with the potential of all private land development in this area. I would recommend the following, if development were allowed in this case: 1) Home placement as close to the existing home as possible 2) No fencing 3) No dogs I feel this area is the most critical winter habitat left in the Upper Roaring Fork. I realize that other parcels of private land exist in this area, therefore, I feel that full development potential of all these parcels around Watson Divide and Williams Hill should be looked at before we piecemeal development or pluck the goose one feather at a time. I am willing to assist the planning office in this task. cc: File Leonard Oates, 533 E. Hopkins, Aspen, CO 81611 r, , ' - . juW. DEPARTMENT OF NATURAL RESOURCES, David H. Getches, Executive Director -WILDLIFE COMMISSION, James C. Kennedy, Chairman Timothy W. Schultz, Vice Chairman• Michael K. Higbee, Secretary. Richard L. Divelbiss, Member.Donald A. Fernandez, Member Wilbur L. Redden, Member.James T. Smith, Member.Jean K. Tool, Member AYYLNUIX U Pra, y Aumber Section /Parcel Date Submitted pitkin county 506 east main street LAND USE APPLICATION aspen, colorado 81611 ITO BE COMPLETED BY THE APPLICANT: (NAME CHERIE G. OATES 1205 Riverside Drive, Aspen, Colorado PHONE (303) 920 -1700 OF PROJECT Oates Sinale Family Residence _ ROJECT LOCATION: (On attached sheet, locate on zoning map, showing boundaries of any natural hazard and resource areas, any other special regulatory districts, Section 5, Land Use Code; and locate on appropriate CSU/ ERA Maps any areas not covered by the above.) AL AREA EXISTING USE(S PROPOSED USE(S) Sing family residence 3.000 sq. ft. t, 750 sq. ft, t horse barn. (approximate square footage for each) and 3,000 sq. ft corral SENT ZONING OF SITE CRIPTION OF LAND USE PROPOSAL Propose to construct 3,000 sq. ft. ± single family residence to be situate northerly of existi 4 Barn and corral proposed to be constructed on lower (west General Submission Map submitted. of BE COMPLETED BY THE PLANNING OFFICE TYPE OF APPLICATION: REZONING GROWTH MANAGEMENT P.U.D. SUBDIVISION CIAL REVIEW H EXEMPTION � V- � � Gas � 5 BUILDING PERMIT REVIEW 35 -acre + SUBDIVISION 2EVIEW PHASE: PRE - APPLICATION DATE COMPLETED GENERAL SUBMISSION P.C. ACTION DATE BOARD ACTION DATE DETAILED SUBMISSION P.C. ACTION DATE n ^ -• , BOARD ACTION DATE J 8 FiNAI PI AT RnAan ArTYnN DATF e . Jt�i 4.A '7 1% PkoPO - 3fO 4L LO""t r.�-y IEMT RECgCLEp - ;, , , 39P P.1'�E 195 �J r I F- \I t ,a. I MEMORANDUM TO: Francis Krizmanich, Planning Office FROM: Tom Newland, Planning Engineer RE: Oates 1041 Hazard Review DATE: Tune 23, 1986 I have reviewed the applicant's submission and would like to forward the following comments: Geologic Concerns: Soils engineering tests to .insure proper foundation design and landscaping to provide positive drainage flow away from the building should be incorporated into the conditions of approval as per Dr. Lampiris' geologic investiga- tion of the site. Road /Trail Design: 1 am satisfied with Banner and Associates determination concerning the access easement to the property. Since the driveway already exists there should not be a need for additional encroachments on the county road. The applicant should be aware that Watson Divide Road (county road #8) is placed on unstable geologic formations, and can only be driven at the motorist's own risk. Therefore, the county should not be held responsible by the applicant to make any improvements to this road, now or in the future, just to benefit this parcel and it's associated dwelling unit. The grant of right -of -way for access road and by the applicant states that the right -of -way be utilized for the purposes of leaving o thereon... ". The applicant should provide an parking that is removed from this right -of -way clause. There are of land. utilities provided "shall in no event r parking vehicles area for vehicular to allow for this no trails, existing or proposed, crossing this parcel �^ ^ ^r Nicholas Lampiris, PhD CONSULTING GEOLOGIST P.O. BOX 10935 ASPEN. COLORADO 81612 (303) 963 -3600 925-6020 ASPEN OFFICE April 28, 1986 Lenny Oates Oates, Hughes & Knezevich 533 E. Hopkins Ave. Aspen, CO. 51611 RE: Watson Divide, Cherie G. Oates Property Dear Mr. Oates: I have completed my geologic investigation for purposes of House Bill 1041 of the approximately six acre tract at the crest of Watson Divide. The property lies in the west half of Sec. 1, T 9 S, R 86 W, of the Sixth P.M., within the Woody Creek: 7 112 minute quadrangle, Pitkin County, Colorado. The building envelope is a flat, sagebrush covered area just north of an existing home. There are sandstone and basalt boulders scattered about the site. A barn is contemplated near the west end of the property on some similar, but gently southwest dipping terrain. An access road leads past the existing home to the building site. The geology of the site consists of a surficial Quaternary gravel cover which is probably a remnant of outwash deposits of one of the first glacial episodes. The underlying bedrock is probably some portion of the lower -most Mancos Shale of Cretaceous age. The Fort Hays Limestone Member crops out on the hillside above the property and dips generally 201 to 40 degrees to the south. In addition to the normal Mancos type shale, this limestone unit may also underlie the surficial deposits. The building site, as described to me, is quite suitable in that it is very flat and consists of suitable sand and gravel soils with occasional boulders. There is not any drainage that could adversely affect the site and the building envelope does not include the moderately steep slope at the east end of the property. The barn site has been mapped as Quaternary talus, but appears very similar to the surficial material at the home site. In both cases, the resulting buildings should be landscaped so as to conduct surficial water flow away from the foundations. Soils engineering should be performed at the site specific level for the home and perhaps the barn in order to insure proper foundation design. April 28, 1986 Watson Divide, Cherie G. Dates Property Page Two Water for domestic use will have to be obtained through the drilling of a well. It may be that even though the surficial deposits are fairly high, a shallow well in these deposits may yield enough water for a single household. Otherwise, a well into the bedrock formations will be necessary, and could go to 200 feet or more before sufficient quantities of water are encountered. The same general interpretation can be made for a well site down the hill to the east at the extreme east corner of the property. The existing home just south of the property is presumably on a successful well. Waste disposal should be readily available through the use of a septic system with accompanying leach field in the permeable soils of the surficial deposits to the west of the home site. This is an excellent site for the development contemplated. If there are further questions, please do not hesitate to contact me. Sincerely, — Nicholas Lampiris Consulting Geologist encl. NLlclk: December 13, 1985 ft(� Oates, Hughes and Knezevich 533 E. Hopkins Aspen, CO 81611 Att: Lenny Oates Dear Lenny, The area described in the estate settlement in the courts and described as lying in NW 1/4 of SW 1/4 of Section 1, Tsp 9S. Range 86 W of 6th PM has the following 1041 areas (areas of State and Local concern): 1. Agricultural Feasibility 2. Moderate visual vulnerability 3. Critical deer and elk winter /and deer migration path. 4. Cultivated land and mountain shrub. 5. Some slopes 10 degrees to 30 degrees and some 30 degrees to 45 degrees. 6. Small area of landslide and a down /up fault. 7. Low wildfire hazard trees and grass. This will require a 1041 review by the Planning Commission through the Planning Department. Applications are available in the Planning Office. You will be required to furnish 2 sets of working drawings, a plat plan done by a registered surveyor, a well permit, report of gallons per minute, and a permit and report of approval for a sanitary facility for your building permit. I am assuming you have settled the GMP problem with the County Attorney. Let me know if I can be of further assistance. A rel Newbur Zoning Offic al PN:lo cc: Tom Smith Alan Richman offices: mail address: 517 East Hopkins Avenue 506 East Main Street Aspen, Colorado B1611 303/925 -5973 Aspen, Colorado 81611 n^^`3 JJ:'v/ LEONARD M. OATES THIRD FLOOR. ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE ASPEN, COLORADO 81611 1303) 920.1700 )OFFICE) 1303) 925-6514 1Now El May 20, 1986 Francis Krizmanich Pitkin County Planning Office 130 South Galena Aspen, Colorado 81611 Re: Special Review Application - Cherie G. Oates - Single Family Residence on 6.13 Acres Dear Francis: Based upon our pre - application conference on December 23, 1985, I am enclosing herewith a Special Review Land Use Application for the 6.13 acre parcel of property on Watson Divide owned by Cherie G. Oates, together with the fee required for this application in the amount of $920.00. As required by the pre - application conference, the application is accompanied by the following: 1. Legal description of subject property; 2. Geologist's Report prepared by Nicholas Lampiris, I, J LJ — %., 2 1 PhD, Consulting Geologist; 3. Report of Randy Cote of the State Division of Wildlife; 4. Driveway design prepared by Pat Dobey, licensed civil engineer of Banner Associates, Inc.; 5. General Submission Map; 6. Title opinion; and 7. Judgment evidencing creation of lot as a legal subdivision. All of the foregoing are submitted in four (4) sets pursuant to the requirements made at the pre - application conference. I, J LJ — %., 2 1 ir PRE - APPLICATION CONFERENCE SUMMARY PROJECT: APPLICANT'S PRESENTATIVE: L :-*^ ; L �= REPRESENTATIVE'S OWNERS NAME • C4/ e_ SUMMARY n /� /j 1. Type of Application : &L l � ' V /fit — / p 1 3 13 em �a� !.- 4 &rt, 1t /l ire c'- JJ! CL_ 2. Describe action /type of development being requested: 3. 4 . 5. 6. 7 . 8. Areas in which Applicant has been requested to respond, types of reports requested: Policy Area/ �� f/'�c /h car_✓ _ Comments - Review is: AZ Only) (CC /BOCC Only) Public Hearing: YES (NO) ( PAZ then to CC /BOCC) Did you to applicant to submit list of ADJAA PROPERTY OWNERS2� ( (NO) Disclosure of Ownership (YES :(N What fee was applicant requested to submit: Anticipated date of submission: COMMENTS /UNIQUE CONCERNS: � wrrn � i` ✓_..yL Cc; �• /Yew 2 Ale- /141 i , i ,• i �r d 1 1 b k t r , 3 4 t r : 1 t s �i �h _i �3 t r �JD r i f,i f �. EJ — ,6 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NW 1/4 SW 1/4 AND THE NE 1/4 SW 1/4 OF SECTION 1, TOWNSHIP 5 SOUTH, - RANGE 86 WEST OF' THE. 6TH P. M., COUNTY, COLORADO, LYING SOUTHERLY OF THE EAST —WEST C✓�.*TTERLINE OF SECTION 1, SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE WEST 1/4 CORMIR OF SAID SECTION 1 BEARS S 89 °59'05" W 270.04 FEET; = MENCE N 89 0 59'05" E' 1301.92 FEET ALONG SAID EAST -WEST -CENTERL OF SECTION l; TH=ENCE S 29 °30'21 ". W . 51.79 FEET; THENCE S 65 °51'37" W '464.65 FEET; - THENCE N 76 °11'39" W 340.00 FEET; - - ;THENCE S 63 0 09'03" W �309.567EE1; THENCE N 76 0 11 1 39" W 64.90 FEET; THENCE S 53 °16'21" W ,228.19 FEET; THEN= N 00 °00'55" W 414.40 FEET TO A POrTT ON THE ,SAID EAST -WEST CM- TTERLINE OF SECTION 1, THE POINT OF BEGINNING, CONTAINING 6.135 ACRES, MORE OR LESS. ` F ' D TATE OF COLORADO Richard D. Lamm, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE James B. Ruch, Director 6060 Broadway Denver, Colorado 80216 (297.1192) April 14, 1986 TO: Pitkin County Planners FROM: Randy Cote, CDOW RE: Oates -- probable 1041 submission Watson Divide The six acre parcel in question lies within critical deer and elk winter range, as well as migration paths. Because of an existing home, the impacts of a second may be minimal depending on activity levels and disturbance. My concerns lie with the potential of all private land development in this area. I would recommend the following, if development were allowed in this case: 1) Home placement as close to the existing home as possible 2) No fencing 3) No dogs I feel this area is the most critical winter habitat left in the Upper Roaring Fork. I realize that other parcels of private land exist in this area, therefore, I feel that full development potential of all these parcels around Watson Divide and Williams Hill should be looked at before we piecemeal development or pluck the goose one feather at a time. I am willing to assist the planning office in this task. CC: File Leonard Oates, 533 E. Hopkins, Aspen, CO 81611 DEPARTMENT OF NATURAL RESOURCES, David H. Getches, Executive Director.WILDLIFE COMMISSION, James C. Kennedy, Ch: Timothy W Schultz, Vice Chairman .Michael K. Higbee, Secretary. Richard L. Divelbiss, MembereDonald A. Fernandez, Memo Wilbur L. Redden, MembereJames T. Smith, MembereJean K. Tool, Member n -r � JU:°v By this letter, the undersigned, Leonard M. Oates, an attorney licensed to practice law in the State of Colorado, hereby certifies the following: 1. The owner of the real property described in Exhibit "A" hereto is Cherie G. Oates; 2. The ownership interest of Cherie G. Oates is fee simple, free and clear of all liens and encumbrances whatsoever; 3. There are no outstanding mineral interests with respect to the property described in Exhibit "A" hereto; 4. Access to the subject property from the nearest public right of way, the Watson Divide Road, is by virtue of an easement, a copy of which is attached hereto as Exhibit "B ", which access roadway is the subject of a separate analysis by Banner Associates, Inc., and which right of way comports with the Pitkin County driveway standards. DATED: May 19, 1986 — Y " jq L &- Leonard M. Oates, #2760 533 East Hopkins Aspen, Colorado 81611 (303) 920 -1700 D1.01 LAW OFFICES OATES, HUGHES & KNEZEVICH PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 333 EAST HOPKINS AVENUE LEONARD N. OATES ASPEN. COLORADO 81811 ROBERTW. HUGHES AREA CODE 303 RICHARD KNEZEVICH TELEPHONE 920.1700 DEBORAH QUINN ATTORNEY'S TITLE CERTIFICATE TELECOPIER 920 -1121 By this letter, the undersigned, Leonard M. Oates, an attorney licensed to practice law in the State of Colorado, hereby certifies the following: 1. The owner of the real property described in Exhibit "A" hereto is Cherie G. Oates; 2. The ownership interest of Cherie G. Oates is fee simple, free and clear of all liens and encumbrances whatsoever; 3. There are no outstanding mineral interests with respect to the property described in Exhibit "A" hereto; 4. Access to the subject property from the nearest public right of way, the Watson Divide Road, is by virtue of an easement, a copy of which is attached hereto as Exhibit "B ", which access roadway is the subject of a separate analysis by Banner Associates, Inc., and which right of way comports with the Pitkin County driveway standards. DATED: May 19, 1986 — Y " jq L &- Leonard M. Oates, #2760 533 East Hopkins Aspen, Colorado 81611 (303) 920 -1700 D1.01 s• F i EASTERLY TRACT A TRACT OF LAND SITUATED N THE NW 1/4 SW 1/4 AND THE NE 1/4 SW 1/4 OF SECTION 1, TOWNSHIP 9: SOUTH, RANGE 86 WEST OF THE 6TH P. M.,'PITSN COUNTY, COLORADO, LYING SOUTHERLY OF THE EAST -WEST CENTERLINE OF SECTION 1, SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE WEST 1/4 CORNER OF SAID SECTION 1 BEARS S 89 0 59'05" W 270.04 FEET; THEN N 89 ° 59'05" E 1301.92 FEET ALONG SAID EAST -WEST r� CENTERLINE OF SECTION 1.; THENCE S 29 °30'21 ". W .51.79 FEET; ?_. THENCE S 65 0 51'37" W '464.65 FEET; 4 THENCE N 76 0 11'39" W 340.00 FEET; THENCE S 63 °09 W =309.56 FEET; . THENCE N 76 0 11 1 39" W 64.90 FEET; THENCE S 53 °16'21" W 228.19 FEET; THENCE N 00 0 00 1 55" W 414.40 FEET TO A POINT ON THE SAID EAST-WEST CENTERLINE OF SECTION 1, THE POINT OF BEGINNING, CONTAINING 6.135 ACRES, MORE OR LESS. 8 EKNM 1 nAn jL L VI- P.ecrrded 11:13 AN Dec t 1478 inretta Banner Pecorder GRANT OF RIGHT CF MAY FOR ACCESS FOAL MD UTILITIES a .L• 35U THIS MUTUAL AGREEMENT, made and entered into this lat day of November , 1978, by and between ASPEN VILLAGE, INC., a Colorado corporation, party of the first part, CHERIE GERBAZ OATES and JAMES E. GERRAZ, both of the County of Pitkin, State of Colorado, parties of the second part; and, DELBERT H. GER84Z and JANIE GEPBAZ, also both of the County of Pitkin, State of Colorado, parties of the third pazt, and each of them. W I T N E S S E T B: WHEREAS, the party of the first part is the owner in fee simple of all of that certain real property described in that certain deed dated July lo, 1978, and recorded in Book 358 at n - .i page BO of the records of Pitkin County, Colorado; and, WHEREAS, the parties of the second part, as tenants in common, are the owners in fee simple of all of that certain real property described in Book 247 at page 215 of the records of Pitkin County, Colorado; and, WHEREAS, the parties of the third part are Use owners G as joint tenants of all of that certain real property described F in that certain deed recorded in Book 247 at page 218 of the records of Pitkin Cocnty, Colorado; and, WHEREAS, the property of first party hereinabove s described lies adjacent and northwesterly of the road comiumly known as the 'Watson Divide Load,' and southeasterly and adjacent , ,to the property of the parties of the third part; and whereas said property of the parties of the third part lies southeasterly of and ad7a 7ent to the property of the parties of the second past; and. WHEREAS, the party of the first pert is willing to grant and convey to the parties of the second and third part a perpetual easerent over, slung, across and under that portion of its JJ JUd � " v "i r d ' , vn { I property described on Eyltibit "A" hereto for arcess 1, soil! parties of the seco:id and third parts, their heirs, grantt invitees and assigns, to their respective parcels of property above descried, and for the installation, operation and main- tenance oc utilities for the benefit of said properties; an(l, WHEREAS, the parti_as of the third part are willing to grant and convey to the parties of the second part an easement for those same purposes over, along and across that portion of the property of the parties of the third part described in Exhibit "A" hereto. NOW, THEREFORE, for and in consideration of the sum of YEN DOLLARS ($10.00) and other g.)od and valuable consideration in !!hand paid by each of the parties hereto to the other, it is agreed as follows: I. The party of the first part gives and grants unto the parties of the second and third parts a perpetual easement for access and utilities to the respective properties of the said parties of the second and third parts as above referred to ov j!alo , , I ng, across and under that portion of the property described in , ;Exhibit "A" hereto owned by them. 2. The parties of the second part give and grant to ,Ithe parties of the third part an access and utility asement over,! ,, ;across, along and under that portior of the property described in I; ilExhibit "A" hereto belonging to them. i 3. The grant of easement herein made shall be perpetual 1 the portion thereof lying on the property of the patL of the first ;,part to be used in common by all of the parties hereto, and ease- ment granted by the third parties to the second parties to be used in common by those said parties. 4. The parties of the second part and third part Jointly do hereby assume and agree to pay the cost of the main- tenance of any access road now in existence or hereafter created on the easement hereto granted. �vu��s1 - YJI x t , k I 11 r_'11 S. The party of the first part as to tht- part iv.i ( +! 21 A +Y IJ� • Tt� f 1 I� 4 rY r IN WITNESS WHEREOF, the parties hereto have executed the second and third parts, and the parties of the third part ar; to the Parties of the second part, reserve the right to relocate the easement herein granted to burden other property owned by them in the vicinity of the said easement, so long as any such substituted easement provides the same function to the p rti2e of the second part and /or parties of the third part, as the case may be, as the easement herein granted, and so long as such sub- stitute easement will riot impose additional inconveniences, lIdifficulties or expense upon the parties.of, the second part and /c-, parties of the third part in gaining access to their respective parcels of property herein referred tu. 6. The grant herein made shall give and convey unto the parties of the second part and parties of the third part full I; and free right and liberty for them, their agents, their tenants, (servants, visitors, invitees and licensees, grantees and assigns, ' 'in and to the easement described in Exhibit "A" hereto, for ._,ess 4 to their respective properties hereinabovo described, by personal,j I usiness, utility and service vehicles, or on foot, by other Il conveyance, as may necessarily and conveniently be required for t ' the effective use of said roadway for such access; PROVIDED, j HOWEVER, that the uaid right c_' .. shall in no event be utilized j for the purposes of leaving or parking vehicles thereon, whether i I or temporarily, and additionally, the use of portions � thereof not utilized for access for purposes of the installation 6 L and maintenance of utilities to service the respective properties 1 of the t ,) parties of the second and third parts as shall be necessary) for the beneficial use of those properties. this agreement on the day and year above first written. ATTCS'C. � i Ry ��.1 CFretary ,rIORPORATE SEAL) I ' r MiT .A ASPEN VIS LAGE, INC. �a Colora corpoia�cn — I' DY '' -_• _�.�, r _`tom President _ ■ 0 Terie Gerbaz t)atl•s y r+ • E . G `h mes E. Gerha .,_ j Parties of the Second Part Del H. cerbaz l - 1 . an c Gerbaz _ i n STATE OF' 1(,; COUNTY OFI r r ) ss: Parties of the Thiid The fofe ing instrument was acknowle m^ ed before this ` - - day �( �' 1978, by 6C4- jrj, ,y ( - - as Presi ed nt, and .�. s - as Secretary, of ASPEN VILLAGE, INC., a Colorado corpC,Yatlon. My commission expires: WITNESS my hand and offici 1 seal. ; mss•( -� �� I' Notary Pub u p 7001E F. POSNACK f:oldry Puib: S!-"e :1 New York STATE OF COLORADO ) t+o. •t n tt'.d !J COUNTY OF PITKIN ) The foregoipg ina ry�ent was acknowledged before me this '> % day of F d - 1 , 77 1978, by CHERIE GERBAZ OATES, JAMES E. GERBAZ, DELPERT H. GERBAZ and JANIE GERBAZ. I j L.rUr My commission expires: J •S 2 r, .S WITNESS my hand and official soal. `� % dip;, ?li ; t _ � 7` Notary Public "%N n ., - ^ 1 SCARROW & WALKEr ^ ^, a J A strip of land 20 feet ill width to be used for a rnad rn :emrnt situated in the Nlr'SSW' of Section 1, Township 9 South- 86 Pange West of the Sixth Principal Meridian, hPing :iI tect in widtt} on each side of the following described centerline: P Beuinning in the center of the existing county road known as Watson. Divide Road, whence the West Quarter corner of said nrctio 1 bears N. 45 °04'35" W. 1763.73 feet; thence North 50.00 feet a l'vlq saki rentrrl ine; thence 17P 47 fret alone snirl r.•nt ^cline, on the atc of a curvo to the left, 1•nvinn °iu• ,,,. ,,f 11•t.. S('. feet, the c of which hears N. 18 °01'2n" 117.53 feet F. 17P,39 f(rt; thcncr along said cl•Iferlinr on the arc or a curve to ti left, having a radius of 412.91 feet, the chord 9 26'33" N. 05 of which bears E. 117,13 fret; thence 76.69 feet alo, line 1 said center- on the arc of a curve to the right, having a radius of 174 fL) feet, the chord of which bears N. 09 °50'51" E. 76,08 feet; thonre N. 12 0 24'32" Ft, 52.P3 feet along said centerline; thence 105.P; feet along said centerline on the arc of a curve to the right having a radius of 372.67 feet, the chord of whic'- t -,- ,.,, 30. 32'35" E. 105.46 feet; thence 63.12 feet along said centerline on a curve to the left, having a radius of 112.96 feet, the chord of which bears N. 22 °40 E. 62.30 feet; thence N. 06' 39'43" E. 286.21 °eet, more or less, to the Northerly line of said Section 1, the Terminus of said : enterline. Alqo a strip of land 20 feet in width to he used for a road easement situated in the NW4Sw4 of Section 1, Township 9 s Range 86 West of the Sixth Principal Meridiar, being 10 Width feet in on each side of the following described centerline; Beginning in the center of the above described easement whence the West Quarter corner of said Section 1 bears X. 63 W, 1079.66 feet; thence N. 0 10'00" 53 E. 95.00 feet, more or less, to the Southerly line of a 2.00 acre parcel, the Tezmin�s of said ease- ment. SCARROW AND W ALKFR /KKBNA I 204 8 September 25, 1978 t Glenwood Springs, CO 81601 • -. : K A J s 4", a �I !K r• ti ' . U 7M I 1 f' y r Grp' • r ,l •' t I 1 4l /j1A + L V 6 MMV n.i 411, a beyond. Cut sections should be designed with adequate ditches. Preferably the inslope should not be steeper than 4:1. The ditch bottom and slopes should be well rounded. The cut slope should not exceed the maximum required for stability. All slopes and drainage areas should be designed with proper regard for the desired natural ground cover and growth regeneration on areas opened during construction. Seeding and mulching of slopes and the sodding of swales and other erodible areas should be a part of the road design. In roadside design, attention is to be given to the preser- vation of natural ground covers and desirable growth of shrubs and trees within the right -of -way. While specific design determinations are needed, such steps to mold the cross- section to fit the areas to be preserved contribute much to maintenance economy and the refinement of the whole highway. 2.24 Driveways Driveways are roads that serve one to three residential or agricultural uses and have a traffic volume of less than 25 vehicles per day. If the driveway serves more than one owner and is new construction, a thirty -foot (30') easement shall be granted to adjacent owners. If a driveway serves more than one owner and an existing' driveway is to be used and a thirty -foot (30 easement is not reasonably obtain- able, as determined by the County Attorney, a twenty -foot (20') easement may suffice, provided the owners agree to retain side slopes as necessary and agree to in -road utility burial. An encroachment permit (and, possibly, a U.B.C. ex- cavation and grading permit) is required for all driveway construction. J 6,2'., 05 I l M ax. s1vE sc,opE- 41 \ cMP (V111J, 18" DI 20' LENGTLI I" ' PLAO VI EW T"ERXC.T10t3 MAA. CZAM IVX PROFILE OF DRIVEWAY ,a - -CWMTY R OAP MAX GRAVEz� --� �-- 20' > RoAO gA E. `IZ " -O -1Z" / MM.13 " PIA &XVEQT i CULVE DETAIL DRIVEWAY �F E C I FI CAT►O N ;IGH p1 pE9 7 40An pF516N1 - 5FrVp TngLE- I\ J�.i;:vJU Imo $'rc I (. ' GWNTY gptap DISTRICT COURT, COUNTY OF PITKIN, STATE OF COLORADO Case No. 85CV178 DN ------------------------------------ - - - - -- --- JUDGMENT CHERIE G. OATES, Plaintiff, VS. JAMES E. GERBAZ, Defendant. This matter coming before the Court upon the Stipulation of the parties hereto, and the Court having reviewed the file herein and being fully advised in the premises, BOOK Ve pw 8`3 By FINDS THAT: 1. The above -named parties have properly submitted to the jurisdiction of this Court. This action was properly commenced before this Court pursuant to Rule 98(c), Colo. Rules Civ. Pro. 2. The property which comprises the subject matter of this suit is located in the County of Pitkin, State of Colorado, and is more particularly described in Exhibit " A " attached hereto and incorporated herein by this reference. 3. Plaintiff and Defendant undivided one -half (1/2) interests in property. 4. The above -named parties interested in the property and are en receive the relief sought. are the are tit! the owners of equal above - described real the sole parties ed to and competent to 5. The Pitkin County Board of County Commissioners was properly served with notice of the pending action for statutory partition of real property pursuant to Section 30 -28 -101 C.R.S. 1973, as amended. Said Board has entered into appearance and joined as a party herein. � r _ o N V �m O C3 D O pp m v a C D o 3 ;:0 m FINDS THAT: 1. The above -named parties have properly submitted to the jurisdiction of this Court. This action was properly commenced before this Court pursuant to Rule 98(c), Colo. Rules Civ. Pro. 2. The property which comprises the subject matter of this suit is located in the County of Pitkin, State of Colorado, and is more particularly described in Exhibit " A " attached hereto and incorporated herein by this reference. 3. Plaintiff and Defendant undivided one -half (1/2) interests in property. 4. The above -named parties interested in the property and are en receive the relief sought. are the are tit! the owners of equal above - described real the sole parties ed to and competent to 5. The Pitkin County Board of County Commissioners was properly served with notice of the pending action for statutory partition of real property pursuant to Section 30 -28 -101 C.R.S. 1973, as amended. Said Board has entered into appearance and joined as a party herein. f M , A /}j 6. The Pitkin County Board of County Commissioners has consented to the entry of the following decree exempt from the Pitkin County Subdivision Regulations, upon the condition that the parties acknowledge and understand that the issuance of any building permit for improvement of the property which is the subject thereof shall be subject to the provisions of II /18 -2.5, II /3 -2, II /3 -3, and the applicable provisions of II /18 -2 and II /5 -400 of the Pitkin County Code. 7. By stipulation and agreement of the Plaintiff and Defendant hereto the parties have proposed an equitable partition of the property and the indebtedness secured by the property. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. That pursuant to Section 38 -28 -111, C.R.S. 1973, the above - described real property be apportioned as follows: (a) To Plaintiff, CHERIE G. OATES, the Easterly Parcel, more particularly described as follows: Described on Exhibit "B" attached hereto. together with any and all water rights appurtenant thereto, being one -half (1/2) of the water rights described in the deed recorded in Book 488 at Page 334 of the records of Pitkin County, Colorado and the continued use of any rights of way for access thereto. (b) To Defendant, JAMES E. GERBAZ, the Westerly Parcel, more particularly described as follows: Described on Exhibit "C" attached hereto. together with any and all water rights appurtenant thereto being one -half (1/2) of the water rights described in the deed recorded in Book 488 at Page 334 of the records of Pitkin County, Colorado, and the continued use of any rights of way for access thereto. 2. That the right of the parties, their heirs, grantees, successors and assigns to obtain building permits for improvements on and to the parcels of property hereby created shall be subject to the provisions of II/18 -2.5, II /3 -2, II /3 -3, and the applicable provisions of II /18 -2 and II /5 -400 of the Pitkin County Code. 3. Upon entry of this Judgment and Decree, the Plaintiff and the Defendant shall receive and be vested with, as their sole property in fee simple, respectively, the portions of -2- L .. wl, C PPOog 49! P4 31- the real property set aside to them by this Judgment, free and clear of all right, title, interest and claim or demand or the other party except as hereinabove provided. ° /�y/'� DONE AND SIGNED THIS day of � ✓ , 1985. BY THE COURT: / L1�Aa�/ By. istrict Judge THE FOREGOING JUDGMENT AND DECREE IS APPROVED AS TO FORM AND CONTENT, AND THE CONDITIONS THEREOF ACCEPTED BY THE PARTIES. OATES, HUGHES 5 KNEZEVICH, P.C. Attorneys for Plaintiff By: R Hugh s, #7317 533 E. Hopkins Avenue Aspen, Colorado 81611 ( 920 -1700 ' 'f ERIE G. ATES, Plaintiff 40.09 .ied to be a tsue and oomPlete or original on file in the Dlatriet t of Pitkin�Co�nnty, Cclooado -3- Pitkin County Attorney C :v �^ u �' EOON Ck PAGE contains - ExHZ32T A STATE OF COLORADO, to wit: A tract of land situated in the NW4SWh and the NE4SWh of Section 1 and the NE4SE4 Of Section 2, all in Township 9 South, Range 86 West of the 6th p.,4., lying southerly of the east -west center line of Section 1 and northerly of the northerly right -of -way line of a 20 foot roadway as constructed and in place, said tract being described as follows: Beginning at the k corner common to said Sections 1 and 2, said corner being marked with an iron post and brass cap found in place and properly marked; thence N. 89 °59 E. 1571.96 fee*_ along the east -west center line of said Section 1; thence S. 29 0 30 1 21" W. 51.79 feet; thence S. 65 °51 W. 464.65 feet; thence N. 76 °11 "39" W. 340.00 feet; thence S. 63 °09 W. 309.56 feet; thence N. 76 0 11 1 39" W. 64.90 feet; thence S. 53 0 16 1 21" W. 323.79 feet; thence S. 26 °54'16" W. 127.90 feet; thence S. 03 0 27 1 50" E. 325.44 feet; thence N. 82 °06 W. 180.18 feet to a point on the northerly line of said road; thence N. 16 0 16'12" W. 26.94 feet along said road; thence 165.68 feet along the arc of a curve to the left having a radius of 124.43 feet, the chord of which bears N. 54 0 24 1 53" W. 153.71 feet; thence S. 87 0 26 1 23" W. 80.45 feet along said road; thence 144.67 feet along the arc of a curve to the left having a radius of 90.16 feet, the chord of which bears S. 41 0 28'18" W. 129.64 feet; thence S. 04 0 29 1 47" E. 106.53 feet along said road; thence 65.44 feet along the arc of a curve to the left having a radius of 230.60 feet, the chord of which bears S. 12 °37'36 ".E. 65.22 feet; thence S. 20 0 45 1 24" E. 29.17 feet; thence 73.78 feet along the arc of a curve to the right having a radius of 28.25 feet, the chord of which bea 5..54 0 03'31" W. 54.53 feet; thence N. 51 °07 W. 49.23 feet along sai road; thence 61.12 feet along the arc of a curve to the right having a radius of 115.54 feet, the chord of which bears N. 35 0 58 1 20" W. 60.41 feet; thence N. 09 °34'25" W. 210.91 feet; thence N. 01 0 39'08" W. 121.71 feet; thence S. 89 0 43'08" E. 445.97 feet to a point on the Section line common to said Sections 1 and 2; thence N_ 00 °02'08" W. 693.00 feet along .said Section line to the h corner common to said Sections 1 and 2, the point of beginning. The above described tract of land 12 26 ac -es more or less. • Alpine Surveys 414 North Mill Street Post Office Box 1730 Asoen. Colorado 81612 303 925 2688 May 31, 1985 800N 4U?, RASE W Emz=: "3" 85 -53 Oates EASTERLY TRACT ri :r A TRACT OF LAND SITUATED IN THE NW 1/4 SW 1/4 AND THE NE 1/4 SW 1/4 OF SECTION 1, TOWNSHIP 5 SOUTH, RANGE 86 WEST OF THE 6TH P. M., PITRIN COUNTY, COLORADO, LYING SOUTHERLY OF THE EAST -WEST CENTERLINE OF SECTION 1, SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE WEST 1/4 CORNER OF SAID SECTION 1 BEARS S 89 0 59 1 05" W 270.04 FEET; THENCE N 89 0 59'05" E 1301.92 FEET ALONG SAID EAST-WEST CENTERLINE OF SECTION 1; THENCE S 29 °30'21" W .51.79 FEET; THENCE S 65 0 51'37" W "464.65 FEET; THENCE N 76 0 11 1 39" W 340.00 FEET; THENCE S 63 ° 09'03" W 309.56 FEET; . THENCE N 76 0 11'39" W 64.90 FEET; THENCE S 53 0 16'21" W 228.19 FEET; THENCE N 00 0 00 1 55" W 414.40 FEET TO A POINT ON THE SAID EAST -WEST CENTERLINE OF SECTION 1, THE POINT OF BEGINNING, CONTAINING 6.135 ACRES, MORE OR LESS. �_41 Alpine Surveys 414 North Mill Street Past Office Box 1730 Ascen, Coloraco 81 E 303 925 2688 May 31, 1985 L WESTERLY TRACT PoK. 49? PAGE 94 EwIT "C" 85 -53 Oates THE i -NE 1NAND THE THE N SE D 1/4 OF { SECTION 2, ALL IN TOWNSHIP 9 SOUTH, RANGE 86 WEST OF o THE 6TH P. M., PITKIN COUNTY, COLORADO, LYING SOUTHERLY OF THE EAST -WEST CENTERLINE OF SECTION 1 AND NORTHERLY OF THE NORTHERLY RIGHT-OF -WAY LINE OF A 20 FOOT ROADWAY AS CONSTRUCTED AND IN PLACE, SAID TRACT BEING DESCRIBED AS FOLLOWS: y BEGINNING AT THE 1/4 CORNER COMMON TO SAID SECTIONS 1 AND 2, SAID CORNER BEING MARKED WITH AN IRON POST AND BRASS CAP FOUND IN PLACE AND PROPERLY MARKED; THENCE N 89 0 50 1 05" E 270.04 FEET; THENCE S 00 0 00'55" E 414.40 FEET; THENCE S 53 0 16'21" W 95.60 FEET; THENCE S 26 0 54'16" W 127.90 FEET; %( THENCE S 03 0 27'50" E 325.44 FEET; THENCE N 82 °06'45" W 180.18 FEET TO A POINT ON THE ' "• NORTHERLY LINE OF SAID ROAD; THENCE N 1016 W 26.94 FEET ALONG SAID ROAD; THENCE 165.68 FEET ALONG THE ARC OF A CURVE TO TH LEFT HAVING A RADIUS OF 124.43 FEET (THE CHORD OF WHICH BEARS N 54 0 24'53" W 153.71 FEET); THENCE S 87 °26'23" W 80.45 FEET ALONG SAID ROAD; THENCE 144.67 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 90.16 FEET (THE CHORD OF WHICH BEARS S 41 ° 28'18" W 129.64 FEET); THENCE S 04 0 29'47" E 106.53 FEET ALONG SAID ROAD; THENCE 65.44 FEE=' ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 230.60 FEET (THE CHORD OF WHICH BEARS S 12 0 37'36" E 65.22 FEET); 0 Tv,- 4 T - 'Y •r s Page 2 BOON 'ILI? PAGE 025 85 -53 Oates May 31, 1985 11 I t t t i THENCE S 20 0 45'24" E 29.17 FEET ALONG SAID ROAD; THENCE 73.78 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 28.25 FEET (THE CHORD OF WHICH BEARS S 54 0 03'31" W 54.53 FEET); THENCE N 51 °07'35" W 49.23 FEET ALONG SAID ROAD; THENCE 61.12 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 115.54 FEET (THE CHORD OF WHICH BEARS N 35 W 60.41 FEET); THENCE DEPARTING SAID ROAD N 09 0 34 1 25" W 210.91 FEET; THENCE N 01 °39'08" W 121.71 FEET; THENCE S 89 0 43'08" E 445.97 FEET TO A POINT ON THE SECTION LINE COMMON TO SAID SECTIONS 1 AND 2; THENCE N 00 0 02'08" W 693.00 FEET ALONG SAID SECTION LINE TO THE 1/4 CORNER COMMON TO SAID SECTIONS 1 AND 2, THE POINT OF BEGINNING, CONTAINING 6.142 ACRES, MORE OR LESS. J41 w14 TO: County Attorney County Engineer Environmental Health Division of Wildlife Colorado Geologic Survey FROM: Francis Krizmanich, Planning Office RE: Oates 1041 Hazard Review Parcel ID# 2645- 013 -00 -102 DATE: May 30, 1986 Attached for your review is an application submitted by Lennie Oates on behalf Cherie Oates, requesting 1041 Hazard Review approval for the purpose of constructing a single family resi- dence in a 1041 Hazard Area (for Geologic and Wildlife Hazards). The 6.13 acre parcel is located on Watson Divide, more speci- fically, in the NW 1/4 SW 1/4 and the NE 1/4 SW 1/4 of Section 1, T9S, R86W of the 6th P.M. Please review this material and return your referral comments to the Planning Office no later than July 1st. Thank you. j ZZ n - - f j,J- - " ASPEN /PITRIN PLANNING OFFItag 130 S. Galena Street Aspen, Colorado 81611 (303) 925 -2020 C-0 s RE: ©a\e • Dear i"_7 u . This is to inform you that the Planning Office has completed its preliminary review of your application for complete- ness. We have determined that your application is complete. is not complete. The additional items we will require are as follows: Disclosure of ownership (one copy only needed). _ Adjacent property owners list (one copy only needed). Additional copies of entire application. Authorization by owner for representative to submit application. Response to the attached list of items demonstrat- ing compliance with the applicable policies and regulations of the Code, or other specified materials. A check in the amount of $ __ is due. A. Since your applicatio{: is complete, we hav scheduled it for review by the »" \� «- _on S ��`"_ We will be calling you if we need any additional information prior to that date. In any case, we will be calling you several days prior to your hearing to make a copy of the review memorandum available to you. Please note that it C - eC iTs) )(is not) your responsibility to post your property with zs ign, which we can provide you. B. Since your application is incomplete, we have not scheduled it for public review at this time. When we have received the materials we have requested, we will be happy to place you on the next available agenda. Please feel free to call s "� �" '-�� "�- , who is the planner assigned to this case, if you have any questions. Sincerely, ASPEN /PITRIN PLANNING OFFICE Alan Richman, Planning and Development Director AR:jlr ;" . F J �), V1. D� I hereby certify that on this day of , 198, a true and correct copy of the attached Noticidof Public Hearing was deposited in the United States mail, first -class postage prepaid, to the adjacent property owners as indicated on th e a,Aty � d list of adjacent propert owners which was supplied to the Planning Office by the ap cant in regard to the case named on the aforementioned publi notice. - Z_ Ja t Lynn J �Y PUBLIC NOTICE RE: Oates 1041 Hazard Review Parcel ID# 2645- 013 -00 -102 NOTICE IS HEREBY GIVEN that a public hearing will be held on July 22, 1986, at a meeting to begin at 9:00 A.M. before the Pitkin County Planning and Zoning Commission in the Commis- sioners' Meeting Room, 506 E. Main Street, Aspen, Colorado, requesting 1041 Hazard Review with respect to the construction of a single - family dwelling unit in a designated geologic hazard and wildlife concerns area. This 6.13 acre parcel is located on Watson Divide, more specifically, in the NW 1/4 SW 1/4 and the NE 1/4 SW 1/4 of Section 1, T9S, R86W of the 6th P.M. For further information, contact the Aspen / Pitkin Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925- 2020, ext. 222. s /Su nne Caskev Chairperson, Pitkin County Planning and Zoning Commission Published in the Aspen Times on June 5, 1986. Pitkin County Invoice No. N.7 Mr. Francis Krizmanich May 20, 1986 Page 2 I ask that this matter be presented to the Planning and zoning Commission for staff review and comment. If you feel that there is additional information reasonably required based upon the enclosed information, please feel free to contact me. I have incorporated everything that you reflected as being necessary in the December 23, 1985 pre - application conference. The list of the adjacent property owned is as follows: James E. Gerbaz P.O. Box 72 Aspen, Colorado 81612 Timothy Marquand C/O Arthur C. Daley, Esq. Holland & Hart 600 East Main Street Aspen, Colorado 81611 Aspen Village, Inc. C/O James T. Moran, Esq. Holland & Hart 600 East Main Street United States of America Bureau of Land Management P.O. Box 1009 Glenwood Springs, Colorado 81602 Thank you for your consideration of this matter. Very truly� /D yours, � Leonard M. Oate J W LTR1.01 /lw Enclosures - n UJl Name: }i LL Address: ,� f f Check N Additional Billing: SUB -TOTAL ate TOTAL Phone: / Date: — 4 of Hours ASPEN /PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925 -2020 LAND USE APPLICATION FEES City 00113 -63721 -47331 -52100 GMP /CONCEPTUAL -63722 -47332 -52100 GMP /PRELIMINARY -63723 -47333 -52100 GMP /FINAL -63724 -47341 -52100 SUB /CONCEPTUAL _ -63725 -47342 - 52100 SUB /PRELIMINARY -63726 -47343 -52100 SUB/FINAL -63727 -47350 -52100 ALL2 -STEP APPLICATIONS -63728 -47360 -52100 ALL 1 -STEP APPLICATIONS REFERRAL FEES: 00125 -63730 -47380 -52100 ENVIRONMENTAL HEALTH 00123 -63730 -47380 -52100 HOUSING 00115 -63730 -47380 -52100 ENGINEERING SUB -TOTAL County 00113 -63711 -47331 -52200 GMP /GENERAL -63712 -47332 -52200 GMP /DETAILED -63713 -47333 - 52200 GMP /FINAL - 63714 -47341 -52200 SUB /GENERAL -63715 -47342 -52200 SUB /DETAILED -63716 -47343 -52200 SUB /FINAL -63717 - 47350 -52200 ALL 2 -STEP APPLICATIONS Q -- - 63718 -47360 - 52200 ALL 1 -STEP APPLICATIONS 0 REFERRAL FEES: 00125 -63730 -47380 -52200 ENVIRONMENTAL HEALTH t T� 00123 - 63730 -47380 -52200 HOUSING 00113 -63731 - 09000 - 52200 ENVIRONMENTAL COORD. 00113 -63732 -09000 -52200 ENGINEERING SUB -TOTAL PLANNING OFFICE SALES 00113 -63061 -09000 -52200 COUNTY CODE -63063 -09000 -52200 ALMANAC -63062 -09000 -00000 COMP. PLAN -63066 -09000 -00000 COPY FEES -63069 - 09000 - OTHER - n UJl Name: }i LL Address: ,� f f Check N Additional Billing: SUB -TOTAL ate TOTAL Phone: / Date: — 4 of Hours \ .,. 1..,.A ...T >......,.