HomeMy WebLinkAboutpitkin.planning.272929203001vY'
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)
l
I _
CAS P078 -00
nners 18rian McNellis
PROJ ADD R: 0167 Bison Ln Lot F -2 Redstone Ranch Acres
OWN /APP: Fack & Mary Ditlove ADR 0167 Bison Lane C /S /Z: Redstone, CO 8162
REP: Pack Ditlove ADR: FTFison Lane C /SIZ: Redstone. CO 81623
Email Addr:
PHN: 704 -9276
PHN: 704 -9276
ALLOCATED HOURS:-
FEES DUE: 460 FEES RCVD: 460 % OVER:
REFERRALS lAttorney, Zoning, Redstone Ranch Acres HOA, all Redstone Ranch Acres Subdivision No 4 property owners
REF: 6/2712000 BY FKT DUE: 7/21/2000
MOG DATE
2 00 0 C BODY N oFINAL O C Re
PH N DATE OF COso:
No I BOCC Ord:
ithdrawn by applicant 9/15/00 - No publish or post but
neighbors who wrote letter - in file no vested no maps
CLOSED: F9 /1 5 BY: TKT
PZ:
HRG OFF:
HO INDEX:
ADMIN:
PLAT RECORDED PLAT (BK,PG):F ADMIN INDEX:
VR APPROVAL DATE: F- VR EXPIRES: F
CASE TYP: I Minor Plat Amendment CASE TYP5:
CASE TYP2:
CASE TYP3:
CASE TYP4:
CASE TYP6:
CASE TYP7:
9/1
mzorr
Date Scanned:
k lle Location:
PITKIN COUN T Y CHECK REQUISITION
(Please amch any appropriate papers)
GATE: �v211-2 /0
T a
AMOUNT:S
CHARGEACCr.No. oa.005'o
PAYMeNTMAOET0: J �G� S' �' /Ol/d (PLEASE PILL IN CORK CTMAILING
NAME AN O AC RES S)
/91 / 7 /�i �r� e- cz,
REASCN:
DEPT. HEAL AP? -CVAL:
(PLEASE
ANC 0.; _,
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ASPEN /PITKIN COMUNITY DEVELOPMENT DEPARTMENT
February 12, 2001
Jack S. Ditlove
0167 Bison Lane
Redstone CO 81623
Case #: P78 -00 Dit/ove Minor Plat Amendment
Withdrawn by Applicant 9115100
To insure proper credit, please return this invoice with your payment, payable to the Pitkin
County Treasurer and write you case number on your check.
Due to a lag in billing by the Aspen Times it is possible that you may receive subsequent
billing for Public Notice Publication.
Thank you.
130 South Galena Street - Aspen, Colorado 81611 - (970) 920 -5090
n n
Hrs /Rate
Amount
6/30/00 BMc Site Visit
0.83
153.55
site analysis
185.00/hr
7/6/00 BMc Caseload
1.25
231.25
appication correspondence and analysis
185.00/hr
10/3/00 JSS Caseload
0.25
46.25
185.00/hr
For planning services rendered
2.33
$431.05
130 South Galena Street - Aspen, Colorado 81611 - (970) 920 -5090
n n
Jack S. Ditlove
P78 -00 Ditlove Minor Plat Amendment
Withdrawn by Applicant 9115100
6/16/00- Deposit
2/12/01- Credit issued to refund entire deposit as per Lance Clark
2/12/01- Refund entire deposit
Deposit
Balance due
Page 2
Amount
($460.00)
($431.05)
$460.00
($431.05)
$0.00
I )jLj J
jack mary ditlove, 08:51 AM 9/17/00 -0600, Ditlove Minor Plat Amendment Page 1 of 1
From: "jack & mary ditlove" <ferd @sopris.net>
To: <Brianm @ci.aspen.co.us>
Subject: Ditlove Minor Plat Amendment
Date: Sun, 17 Sep 2000 08:51:29 -0600
X- Mailer: Microsoft Outlook Express 4.72.3110.1
Brian:
This correspondence is to confirm our conversation Friday, September 15th notifying you of
our intent to withdraw our application.
Thank you for all your help and safe biking!
Regards,
Mary Ditlove
Printed for Brian McNellis <brianm @ci.aspen.co.us> 9/18/00
John Ely, 11:47 AM 1/4/01 -0700, Re: plat amendment
X- Sender: johne @commons.co.pitkin.co.us
X- Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Thu, 04 Jan 2001 11:47:43 -0700
To: Lance Clarke <lancec @ci.aspen.co.us>
From: John Ely <johne @ci.aspen.co.us>
Subject: Re: plat amendment
Nick Goluba. Usually we need all owners of property subject to a plat to sign the plat or its
amendment. maybe one guy could change it by himself but I doubt it as the easement probably
benefits the rest of the lots and it would not be something he cold do by himself
At 05:19 PM 1/3/01 -0700, you wrote:
We' have this issue down in Redstone Ranch Acres Filing 4 (BOCC aopproved plat) where
there is a designated "green belt and access easement" on the plat. Owner of lot it crosses
wants to reduce its size. His lawyer (Neil Goluba) tells him it can't be done without signatures
of approval by all property owners and lienholders on the plat. I'm never sure what BOCC can
do in the way of plat amendments, but I guess Goluba's probably right as how could a revised
plat be recorded without all owner's signatures. Or does the fact that the easement is only on
one lot allow that owner to file a revised plat for just that one lot?
John Ely
Printed for Lance Clarke <lancec @ci.aspen.co.us> 1
In
To: "'Brian McNellis "' <brianm @ci.aspen.co.us>
Subject: RE: the Ditlove property among other things..
I believe that both Lance and I felt that the existing drive was the way to
go. If it had to be moved to the property line, then it should get back to
the existing alignment as soon as possible after leaving the main road.
Bud
- - - -- Original Message---- -
From: Brian McNellis [SMTP:brianm @ci.aspen.co.us]
Sent: Friday, July 14, 2000 5:01 PM
To: bude @ci.aspen.co.us
Subject: the Ditlove property among other things..
Do you have any comments regarding your and Lance's site visit to the
Ditlove property in Redstone. It seems that it will be Staffs
recommendation that the easement be modified to correspond with the
existing alignment of the driveway. What width would be appropriate?
Also, I got word that you had spoken with Barry Siff (Mountain Quest
representative) regarding the Solomon X -games World Cup Challenge. I would
be interested to know what that meeting entailed. Maybe we can talk at
Monday staff meeting.
Page 1 of 1
Printed for Brian McNellis <brianm @ci.aspen.co.us> 7/18/00
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ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920 -5090 FAX (970) 920 -5439
MEMORANDUM
Y
TO: Attorney
Zoning
Redstone Ranch Acres HOA
Redstone Ranch Acres Subdivision No. 4 property owners
• Lorrain Estelle Saddler
• Jack S. & Mary C. Ditlove
• Darrell J. & Mary E. Wedam
• Poslusmy Family Living Trust
• Jill A. Thompson
FROM: Brian McNellis, Community Development
RE: Ditlove Minor Plat Amendment
2729 - 292 -03 -001
P78 -00
DATE: June 21, 2000
Attached for your review and comments are materials for an application by Jack & Mary Ditlove.
This application will be reviewed by the Pit * County Community development Director.
Please return your comments to me ly 21, 2 00.
PLEASE RETURN APPLICATION ERIALS TO COMMUNITY DEVELOPMENT
IF YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
� ✓Jam ����'e".�.��w� -- �"' C�i� -�C
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PITKIN COUNTY
PRE - APPLICATION CONFERF,NCE SUMMARY
P. 02
DATE: April 20, 2000
asap- o ooi
PROJECT; Didove Minor Plat Amendment
LOCATION: Lot F2 of Redstone Ranch Acres Subdivision
APPLICANT: Jack Ditlovo Tel: 704 -9276
PLANNER: Brian McNellis Tel: 920.5099
1. Type of Application: Subdivision Exemption for Minor Plat Amendment,
2. Description of Projecb'Developmeat: Applicants propose a Minor Plat Amendment
to reduce the Mdtb of an existing access/greenbelt easement.
3. Areas in which Applicants have been requested to respond, types of reports:
• Section 3- 190.80, Mitwr Plat Amendment
A subdivision exemption for trmtnOr plat amendment may be permitted subject to
compliance with the standards in this section. A minor amendment it limited to
technical or engineering considerations first discovered during actual development.
A. The amendment Increases or does not gfl'eci the degree of compliance with Code
standards;
A The amendment is being made to a recorded plat which has been approved by
Plikin County, and
C The amendment is consistent with representations made during the conceplual
and detailed subdivision review, whichever is applicable.
4• Review is before: Commmiity development Director
S. Public Heariag: No
6. Will be referred to: Attorney, 7ommn, Redstone Ranch Acres Ilomeowners
Association, all R.edstono Ranch Acres Subdivision No. 4 property owners.
7. What fee was the applicant requested to submit:
• Planning 5460 (additional hours arc billed at a rate 01$185/hr)
8. Application fee and the Agreement to pay Form (2 copies) shall be submitted with
the complete application.
�U "� ,
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Ll �vvv uvn U4•t4 Fn , FAX N0, P. 03
9. Applicant shall submit four (9) copies of the following information unless
otherwise noted;
1. Proof of ownership of subject properties;
2, Signed fee agreement (1 copy);
3. Total deposit for review of this application.
4• Copy of this pm -app form (1 copy).
$. Names and addresses of all Rcdstoue Ranch Acres Subdivision No. 4 property
owners as they appear on Piktin County Assessot records (I copy).
6. Summary letter explaining the request and addressing the Code section listed
above.
7. 24" X 36" draft minor pla
listed below: t amendment which complies with the requirements
"
A. Title identifying type of review;
C . Vicinity map showing relationship to proximate public roads;
C, llate;
D. Scale;
E. North directional arrow;
P. Legal description ofparcel;
G. Location and dimensions of building envelopes setbacks fmm property lines;
II. Community Development Director signature block;
I, Legal Descriptions and sketches of: (1) Parcels prior to adjustment; (2) Parcel
following adjustment; and (3) Parcels to be transferred.
Signature block for owners, mongagcos, and lienholders.
PLEASE NOTE: This pre - application conference summary is advirory in nature and
not binding on the County. The Information provided in this summary Is based on
current zoning standards and staffs interprefa;lorrs of the applicant. Additional information rn[ry be required uiwn a complete review of the applicalion
j s
3 U L! j a.
Jack & Mary Ditlove
0167 Bison Lane
Redstone, CO 81623
July 10, 2000
Aspen/Pitkin Community Development
130 South Galena Street
Aspen, CO 81611
Attn: Brian McNellis
We would like to clarify the purpose of our request for the setback of the easement
and the establishment of a driveway for both Lots F4 & F2. We have also become
aware that Lot 4 would like an easement of 20' on our property as well as the 10'
easement on Lot 5 with a combined width of 30'. This brought something to our
attention that we had overlooked in our application.
Our goal is to put in a garage which would allow us to park off the road. The road
is no more than 15 feet wide in spots and does not provide parking. For the
past 14 years, we have been parking vehicles on the easement which blocks the access
for the neighboring lot. We must now remedy this so they have access to their
building site and we have adequate parking as well as access to our home.
We have attached a copy of the reference Book 463 Page 704. It is important to note
that the driveway in place is not located where this document states. The driveway
exists between Lot F5 and Lot F2 in verying widths. We want to insure the use
of this easement and that it is put where it is supposed to be.
We are proposing to put the garage on the northeast section of the property within
the setback limits. Our understanding is that they are 10' on the F4 property line
and 20' on the F5 line. This does not consider the location of a driveway easement.
If the setback limits are in addition to the driveway easement, it may not be possible
to put the garage in due to slope.
We would agree to a 20' easement on our property, if the 10' westerly portion was
designated for parking. The driveway access would be located on the 10' westerly
portion of Lot F5 along with an adjacent 10' easterly portion of Lot F2. (see attached
map)
To date, we have not come up with another solution. We'd appreciate any suggestions.
and are deeply concerned that our rights to access/parking will be overlooked.
Sincerely,
2 ck& Mary Ditlove
0
---� - i ` SEEMAE
N 81'23'!8'1v --
HORD CHORD BEARING
69.66' N 83' 17' 17'w
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Lot F2
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PROPANE TANK
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MEENMT AND ACCESS EASDENT
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FENCE
F/
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Lot F5
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2583
PITK:)) - OT ". AE:
Fm 20 2 s
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E A S E M E N _r
FOR VALUABLE CONzIDERATION, the receipt rr which is hereby
acknowledged, the undersigned, Elroy A. Arneson Ind Brenda L.
Arneson, or'ners of Lot F -5, Redstone tcanch Acres Subdivision,
;9
tW. 4, Pitkin County, Colorado (hereafter "Grantors "), hereby
J nt and convey to Peter A. Martin and Ann Martin, the owners of
Lot F -4, Redstone Ranch Acres Subdivision, No. 4, Pitkin County,
Colorado (hereafter " Grantees"), their heirs, successors, personal)
jroprescrtativcs and assigns, an exclusive easement and right -of-
jway, together with the full `orce and free right for them and
their tenants, servants, vi , ,itors, grantees and assigns, at all
times horeafter, with o: without e,utomobile or other vehicle, or
on foot, for the purpose of ingress and egress to and from said
I Lot F -4 and for all other purposes connected with the use of
ii said Lot F -4, to pass and repass along and over a driveway
existing and in place located within the westerly ten -feet Of
said Lot F -5. Grantees shall also have the right to install,
1 1 maintain, repair and replace any underground utilities lines,
I�pipes, etc. within the easement area and to maintain, repair and
11 replace the existing driveway, so long as any ruplacemert of the
11 driveway reasonably conforms in location to said existing drivewa!
11 and is entirely within the westerly ten feet of said Lot F -5-
The easement herein granted shall bn appurtenant to said Lot F -4.
I` Executed 1:11is �_ day of March, 1984.
STATE OF COLORADO)
: ss.
County of Pitkin ) IA
The foregoing instrument was acknowledged before me this
day of March, 1981, by Flroy A. Arneson and Brenda L. Arnesor.
Witness my hand and official seal.
My commission expires: e11/Plop
��'Rr 000014
Jack & Mary Ditlove
0167 Bison Lane
Redstone, CO 81623
970 704 -9276
June 15, 2000
Community Development
Attn: Cindy Houben
Aspen, CO 81612
Dear Ms. Houben:
We request that the easement of 62.3' be set aside. We would like to
establish (instead) a driveway access easement of 10' on the east side
of the current easement. A 10' easement on our property (Lot 172) and
the 10' adjacent easement on Lot F5 would provide a 20' wide driveway
(access) to both Lots F4 & F2. This would meet the driveway width
requirement by the county of 16'.
n, I J
,\ I
Jack & Mary Ditlove
0167 Bison Lane
Redstone, CO 81623
970 704 -9276
June 15, 2000
Community Development
Attn: Cindy Houben
Aspen, CO 81612
Dear Ms. Houben:
We request that the easement of 62.3' be set aside. We would like to
establish (instead) a driveway access easement of 10' on the east side
of the current easement. A 10' easement on our property (Lot F2) and
the 10' adjacent easement on Lot F5 would provide a 20' wide driveway
(access) to both Lots F4 & F2. This would meet the driveway width
requirement by the county of 16'.
Redstone Ranch Acres
Subdivision Lot No. 4
Lot F 1
Lorrain Estelle Saddler
0046 Bison Lane
Redstone, CO 81623
Lot F 2
Jack S. Ditlove
Mary C. Ditlove
0167 Bison Lane
Redstone, CO 81623
Lot F 3
Darrell J. Wedam
Mary E. Wedam
0080 Bison Lane
Redstone, CO 81623
Lot F 4
Posluszny Family Living Trust
3932 Hillside Avenue
Livermore, CA 94550
Lot F 5
Jill A. Thompson
0341 Bison Lane
Redstone, CO 81623
0326 Highway 133, Carbondale, CO 81623, for the consideration of One Hundred
Dollars and other good and valuable consideration, in hand paid, hereby sells
and conveys to JACK DITLOVE, whose address is 24526 West Nicklaus Pl.,
Valencia, CA 91351, the following real property in the County of Pitkin,
State of Colorado, to wit:
Lot F -2, Redstone Ranch Acres Subdivision, No. 4,
with all its appurtenances and warrants title against all persons claiming
under the grantor, subject to:
The effect of inclusion in any general or specific water conservancy, fire
protection, soil conservation, or other district or inclusion in any water
service or street improvement area;
Reservations as contained in the United States Patent recorded in Book 55 at
Page 911 and in Book 55 at Page 124 of the Pitkin County records;
Easements and setbacks as contained in instruments recorded in Book 166 at
Page 91, in Book 186 at Page 58, and in Book 258 at Page 403 of the Pitkin
County records;
Easements for public utility purposes, drainage and snow removal, and green
belt and access easement as shown on the recorded plat of said subdivision;
Restrictions as contained in an instrument recorded in Book 258 at Page 403 of
the Pitkin County records;
Terms, conditions, limitations, and restrictions as set forth in Resolution
No. 78 -9, Board of County Commissioners of Pitkin County, Colorado, recorded
in Book 342 at Page 151 of the Pitkin County records;
Terms, conditions and obligations as set forth in Articles of Incorporation of
Redstone Ranch Acres Homeowners Association recorded in Book 369 at Page 657,
in Articles of Amendment recorded in Book 369 at Page 667, and in By -Laws of
Redstone Ranch Acres Homeowners Association recorded in Book 369 at Page 669
of the Pitkin County records;
Rights to utilize the roads as contained in an instrument recorded in Book 299
at Page 364 of the Pitkin County records;
That portion of subject property, if any, included in the Power Plant
Reservoir Lake, as set forth in an instrtnnent recorded in Book 166 at Page 91
of the Pitkin County records;
General taxes for 1986, due and payable in 1987.
SIGNED this 30th day of April, 1986.
/ i
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Scofi.el , President
'�'3'�FI CbT�1L�11�Q )
�6�U 0F'GAkFTFL-D )ss.
the "foregbing Warranty Deed was acknowledged before me this 30th day of
April, 1986, By' Scofield as President of Alpine Bank, Carbondale.
Witness my hand and official seal.
_
My commission expires: 03/22/89 Notayfy Public
JJ
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State Documentary Fee $ 6.55
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SPECIAL WARRANTY DEED
ALPINE
BANK, CARBONDALE,
a Colorado banking corporation, whose address is
0326 Highway 133, Carbondale, CO 81623, for the consideration of One Hundred
Dollars and other good and valuable consideration, in hand paid, hereby sells
and conveys to JACK DITLOVE, whose address is 24526 West Nicklaus Pl.,
Valencia, CA 91351, the following real property in the County of Pitkin,
State of Colorado, to wit:
Lot F -2, Redstone Ranch Acres Subdivision, No. 4,
with all its appurtenances and warrants title against all persons claiming
under the grantor, subject to:
The effect of inclusion in any general or specific water conservancy, fire
protection, soil conservation, or other district or inclusion in any water
service or street improvement area;
Reservations as contained in the United States Patent recorded in Book 55 at
Page 911 and in Book 55 at Page 124 of the Pitkin County records;
Easements and setbacks as contained in instruments recorded in Book 166 at
Page 91, in Book 186 at Page 58, and in Book 258 at Page 403 of the Pitkin
County records;
Easements for public utility purposes, drainage and snow removal, and green
belt and access easement as shown on the recorded plat of said subdivision;
Restrictions as contained in an instrument recorded in Book 258 at Page 403 of
the Pitkin County records;
Terms, conditions, limitations, and restrictions as set forth in Resolution
No. 78 -9, Board of County Commissioners of Pitkin County, Colorado, recorded
in Book 342 at Page 151 of the Pitkin County records;
Terms, conditions and obligations as set forth in Articles of Incorporation of
Redstone Ranch Acres Homeowners Association recorded in Book 369 at Page 657,
in Articles of Amendment recorded in Book 369 at Page 667, and in By -Laws of
Redstone Ranch Acres Homeowners Association recorded in Book 369 at Page 669
of the Pitkin County records;
Rights to utilize the roads as contained in an instrument recorded in Book 299
at Page 364 of the Pitkin County records;
That portion of subject property, if any, included in the Power Plant
Reservoir Lake, as set forth in an instrtnnent recorded in Book 166 at Page 91
of the Pitkin County records;
General taxes for 1986, due and payable in 1987.
SIGNED this 30th day of April, 1986.
/ i
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Scofi.el , President
'�'3'�FI CbT�1L�11�Q )
�6�U 0F'GAkFTFL-D )ss.
the "foregbing Warranty Deed was acknowledged before me this 30th day of
April, 1986, By' Scofield as President of Alpine Bank, Carbondale.
Witness my hand and official seal.
_
My commission expires: 03/22/89 Notayfy Public
JJ
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JUL -10 -00 09:37 AM DIT'OVE 9707049276 P.01
Mary Ditlove
970 704 -9276
July 10, 2000
Aspen/Pitkin Community Dcvelopment
Brian McNellis
Re: Ditlove Minor Plat Amendment
2729- 292.03.001
P78 -00
Brian:
We have discussed with the owners of Lot F4 that they would like a 20' easement on
our property (F2) along with the 10' easement on Lot FS.
The current road is not physically where stated in reference Book 463 Page 704 (see
attached). We propose to put that portion of the driveway in along with an expansion
onto the 20' easterly section of our Lot F2 p that we are allowed to park on
the westerley 10' portion of the new driveway and traffic is allowed to utilize the 20'
easterly portion for both Lots F2 & F4. We realize Lot F4 was deeded access on
Lot FS. We would like use of it as well.
If we cannot park on this new driveway easement, we wish our application to remain
as originally filed. Our goal is to provide parking and access to both lots.
Thanks again!
Sincerely,
u / �,
Mary Ditlo e
JUL -10 -00 09:37 AM DITf=aOVE
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9707049276
WX W) OK701
a8a2 M tN 'r
FOR VALUABLE COW- IDERATION, the rucelpt ;f which is horcby I
acknowladggd, the undersigned, Elroy A. Arneson and Brenda L.
Arneson, owners of Lot F -S, Audstona k$nch Acres subdivision,
R
4, pitkin County, Colorado (hereafter "Grantors'), hereby
14 and convey to peter A. Martin and Ann Martin, the owners Of
Lot r - 4, Redstone Ranch Acres subdivision, No. 4, pitkin County,
Colorado (hereafter " Gra their hairs, ■uccossors, personal)
representatives and assigns, an exclusive easement and right -ot-
way, together with the full °oree and free right for them and I
their tenants, servants, vinitors, grantees And assigns, at all 1
times hereafter, with or without automobilo or other vohicls, or
on foot, for the purpose of ingress and egress to and from ■aid
Lot F -4 and for all oth *r purposes connected with the use of
said Lot r -40 to pass and repass along and over a driveway
existing and in place located within the westerly ten -feet Of
said Lot F -S. Grantees shall also have the right to install,
sutintain, repair and replace any underground utilities ii ne /,
pipes, etc. within the easement area and to maintain, repair and
replace the existing driveway, so long as any ruplacemort of the
driveway reasonably Conform$ in iodation to said existing driveway
and in entirely within the westerly ton feat of said Lot r -S.
The easement heroin granted shall bn appurtenant to said Lot r -4.
ixoouto jth�. day of March, 1914.
0
iTATE OF COLORADO)
� as.
County of pitkin )
The foregoing instrument was acknowledgod before me this
day of March, 1914, by ►troy A. A +mason and Brands L. Arnoeor,
Witness my hand and official seal.
My commission axpiresl V11.047
ylq I lI V f"", �� 1
Notary f •- � 7
opt C Add a� .rOS r� `r ,✓ '
� k
P.02
ii352' ' 1.2/30/92 02-3e Rec $5.00
Recorder Silva�'r+. Davis, Piti.i.n Cn k
ty Clerk,
Rece ption No.
THIS DEED, Made this2+th da of December ,19 92
between
Jack Ditlove
of the County of Pitkin
Colorado, of the first part, and
Jack S. Ditlove and Mary C. Ditlove
whose legal address is
0167 Bison Lane
Redstone, Colorado
of the County of Pitkin
Colorado, of the second part:
81623
and State of
and State of
699 PG 230
WITNESSETH, that the said party of the first part, for and in consideration of the sum of
Ten and other good and valuable consideration ------------------------
DOLLARS
and other good and valuable considerations to the said party of the first part in hand paid by the said parties of the
second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and
by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their heirs and
assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of
land, situate, lying and being in the County of Pitkin and State of Colorado, to wit:
Lot F -2
Redstone Ranch Acres Subdivision No. 4
also known as street and number 0167 Bison Lane Redstone, Colorado 81623
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper-
taining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the
estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in
and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said
parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs,
executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part,
their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises
above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has
good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid,
and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
encumbrances of whatever kind or nature soever, 1 . Those easements, reservations, restrictions
and other matters of record, and except taxes for 1992 and subsequent years
which, after adjustment and proration as of the day hereof, GRANTEE assumes and
agrees to pay.
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the
survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons
lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND
FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF the said party of the first part has hereunto set his hand and seal the day and year first
above written.
Signed, Sealed and Delivered in the Presence of
V ack I
y c. fAa•, _
,1nfA3u,
a a • ,
■
F COLORADO IIII
'•`'.Y' 1 ss.
t ' .,,,�; ,aa County of Garfield
The foregoing instrument was acknowledged before me this 24th
b Jack Ditlove
day of December
A LI
1. 92
My Commission expires / / / /9�j ,19 . Witness my hand and off' is] seal.
�'' ) L ;:ii . 3 rr�
Notary Public
1 83
No. 821A. WARRANTY DEED. To Joint Tenaete— CopYright @1978 Bradford Publishing, 5825 W 61h Ave, Lakewood, C08021C- 003)233 -69
July 12, 2000
Brian McNellis
Community Development
130 South Galena Street
Aspen, CO 81611
Ph. 970 -920 5090
Fax 970 - 920 -5439
Re: Ditlove Minor Plat Amendment
2729 - 292 -03 -001
P78 -00
Mr. McNellis:
RECEIVED
P ii_ .I H 2000
ASPEN / PITKIN
COMMUNITY DEVELOPMENT
It is my opinion, as well as other homeowners in the Redstone Ranch Acres Subdivision,
that setting aside a green belt area for private ownership and potential future development
is contrary to the good of the neighborhood and would seem that the county's
development stance would/should preclude approval of this application.
There are certainly more issues and questions regarding this application that need to be
addressed in order to understand the complete picture before an appropriate conclusion
can be reached.
There is opposition to this proposal by the neighbors and adjacent property owners.
Sincerely,
,Zt j�,t, e ( , -- --
Stephen C. Kent
President
Redstone Ranch Acres HOA
P. S. This letter was written at the request of members of the community
963-X-5
?J L:,i -4
wm
7/20/00 (D3:16 AM
lax �2om Fitt &TI55s
341 Bison Lane
Redstone, CO 81623
Ph: (970) 963 -7225
Fax: (970) 963 -7224
email: mtnjill @compuserve.com
TO: Brian McNellis, Community Development
DATE: July 20, 2000
No. of pages: 1
RE: Ditlove Plat Amendment
Thank you for the copy of the materials on the application by Jack & Mary
Ditlove for the plat amendment. I have reviewed them and have a few
questions and concerns that I feel should be addressed prior to any changes
are made to the design of Redstone Ranch Acres.
First, and my immediate reaction to this application is why eliminate a
greenbelt? The greenbelts are an ammenity to the community, and it doesri t
seem to be keeping with county policy to eliminate any greenbelt areas.
Second, the easement given to lot F -4 from my lot, F -5, several years ago,
was due to the fact that when the drive was initially put in to access F -4, it
seemed to encroach onto F -5. Therefore, the current owner of F -5 obliged by
giving the easement. I am not concerned about the existance of the easement,
but I am concerned whether or not the total 10' is usable for a driveway. I
believe a stake survey of that easement is necessary to determine the actual
usable space. There are large trees, a telephone pole, and hillside in that
area.
My last concern is how that ground within the greenbelt is deeded. Is this a
section of Lot F -2 that was given over for greenbelt and access to F -4 when
Ranch Acres was originally platted? Or is this un- deeded public land? Jack &
Mary Ditlove have not spoken to me about their intentions, so I am not sure
what is being accomplished by the elimination of the greenbelt. Until these
questions are addressed, I would have to disapprove of the amendment to the
plat.
Thank you,
Jill Briggs (aka Jill Thompson)
sent by computer fax, therefore unsigned
1) 1/1
Iq
...
RECEIVED Joan E. and Walter F. Posluszny, Jr., Trustees
Posluszny Family Living Trust
JUL 2 1 2000 3932 Hillside Avenue
Livermore, California 94550
ASPEN 11`1 [KIN
COMMUNITY DEVELOPMENT
To: Aspen/Pitkin Community Development Dept
130 South Galena Street
Aspen, CO 81611
Re: Ditlove Minor Plat Amendment — Redstone Ranch Acres
2729 - 292-03 -001
P78-00
/Attn: Mr. Brian McNellis
Community Development
Dear Mr. McNellis:
We appreciate your notice and the opportunity to comment on the request that Jack and
Mary Didove submitted to your department.
We strongly oppose this amendment. The greenbelt and access easement is the
driveway access to our building envelope on lot F-4. We relied on this easement being in
place when we purchased our property. This proposal significantly limits that access and
our ability to develop an appropriate driveway to the home we are planning.
We have made several attempts to work with the Didoves regarding our mutual interest
in the appropriate use of this easement. We were surprised by this proposal.
It does not appear the Ditloves have thought through the impacts of their proposal. They
have not demonstrated any real need for this easement to be set aside, and their proposal
is creating problems for adjacent landowners, including problems of drainage, erosion
and snow removal. The plat and proposal which they submitted does not address where
the driveway would be placed nor how it would be maintained to avoid erosion or other
impacts to the adjacent properties.
The following discusses the problems with the Ditloves request as they have submitted it
to you.
1 or 10
First, the amendment as proposed is not workable. There is a telephone /electric pole
at the road, at the boundary of lot F -2 and F -5, which is not noted on the version of the
plat that you mailed to us. There is a survey pin near that comer that is just to the east of
this telephone pole. A driveway easement utilizing the pmoosed 10 feet of access
easement along the easterly boundary of the current greenbelt and access easement plus
the 10 feet of adjacent easement deeded by lot F -5, would be obstructed by this telephone
pole which is right in the middle. (Please reference Attachment 1.)
In doing some research on the greenbelt and access easement, Joan Posluszny met with
Bud Eyler to discuss lot F-4's driveway. Mr. Eyler recommended one entrance off of
Bison Lane that could be split into two driveways further in, for access to both lots F -2
and F-1. Based on his comments, as well, it would not work to split the driveway at the
telephone /power pole.
The existing easement along the westerly 10 feet of lot F -5 was not intended to be the
access easement for lot F-4. It was deeded for the exclusive use of lot F -4, because, after
it was graded, the driveway appeared to encroach on lot F -5. The owner of lot F-4 had
intended to contain the driveway within the existing greenbelt and access easement when
it was graded. In 1984, the owners (of lot F-4 and F -5) did not want any problems to
arise due to this encroachment, so the easement on lot F -5 was deeded. (Please reference
Attachment 2.)
Additionally, the topography of the westerly 10 feet of lot F -5 at the intersection with
Bison Lane rises steeply to the east. This topography is not conducive to a driveway and
could cause problems for both lot F -5 and the driveway to lot F-4 due to potential
erosion. We believe the Didoves should be required to submit a grade profile of the
proposed driveway, and to state how it would be developed and maintained. They should
also address the likelihood of erosion if the proposed driveway were developed.
This proposal as submitted is not practical
Secondly, we believe the approach to a driveway should be considered in more
detail, before the access easement is limited. The current greenbelt and access easement
is along a hairpin turn on Bison Lane. The resulting approach to the pEQposed driveway
easement would require a sharp left turn from the hairpin on Bison Lane.
The current approach to the "driveway" for lot F-4 is at an angle across the current
greenbelt and access easement. (Please reference Attachment 3.) This current "driveway"
is wide enough at the entrance from Bison Lane and had good visibility before the
portable shed was put there. However, the current "driveway" will need to be widened
further in to accommodate construction and emergency vehicles needing access to lot F-
4. We had relied on the existence of this greenbelt and access easement (62 feet) when
we purchased the lot in 1997, to make these accommodations. We had also planned on
being able to shield our driveway from other uses of the greenbelt and access easement
along the driveway further in (heading North) toward lot F-4.
This proposal is unreasonable because it is too limiting.
2 OF tO
-_.
Lastly, we do not agree to set aside this easement without some restrictions as to the
use of the area and location of any structures. We want to ensure that lot F-4 has the
access intended by the original plat of the greenbelt and access easement, and that we are
able to provide an appropriate driveway to our home.
This greenbelt and access easement was clear of all structures except the Ditlove's
propane tank at the time we purchased this property. (Please reference Attachment 4.)
We have become increasingly concerned as a retaining wall and railing were constructed,
and wood, a shed, and equipment have been parked on this easement without notice or
agreement from us. (Please reference Attachment 5.) We have asked the Ditloves to clear
the driveway for our use. We also have documentation that previous owners have
requested the Ditloves not use this easement for parking. (Please reference Attachment
6.)
We are sympathetic to the issue of parking and a garage for lot F -2 plaguing the Ditloves.
This hardship is a result of the way lot F -2 has been developed, not due to any restrictions
that the county or the owners of lot F4 have created. We have offered to develop an
agreement that will assist their needs for a garage and our needs for cleared access.
Instead they have requested to set aside the greenbelt and access easement, primarily for
their own use.
To summarize, the Ditioves have been building on this easement for the past two years
without notice or concern for our interest. Previous owners and we have requested the
easement to be cleared. We have offered several times to work this out, and now we are
surprised that they have applied for this amendment. It appears they want to keep what
they have built and to build more at the expense of our access and the appearance of the
entrance to our lot.
Enclosed are several items for your review.
Attachment 1: This is a portion of a survey of lot F-4, dated April 26, 2000, including
the southeast comer and the greenbelt and access easement. We believe the propane tank
and shed need to be moved to provide adequate access for construction vehicles and
subsequent access for emergency vehicles to lot F-4.
Attachment 2: This is an excerpt from a letter dated October, 1988, which explains the
access easement deeded to lot F-4, from the owners of lot F -5.
Attachment 3: We have attempted to sketch the current driveway, used during earlier
development of lot F-4, on the plat amendment you provided. We noticed that the
telephone /electric pole is not annotated on this plat, nor are the other items that have been
constructed on this easement.
Attachment 4: This is a picture of the driveway on the greenbelt and access easement, as
it appeared when we purchased lot F-4 in 1997. This picture was taken in April 1998.
Attachment 5: This is a picture of the access easement on a visit we made in March
2000, looking downhill.
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Attachment 6: This is an excerpt from the same letter dated October, 1988,
acknowledging that this easement was not intended for parking and storage.
Based on these objections, we expect you to deny the Ditloves request. If it is not denied,
we want to participate in the evaluation and any additional analysis that is done. We look
forward to hearing from you on this issue.
Sincerely,
Walter F. and Joan E. Posluszny, Trustees
Posluszny Family Living Trust
Enclosures (6)
Cc: Mr. Dean K. Moffat, AIA
Sundesigns Architects
901 Blake Avenue
Glenwood Springs, CO 81601
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Attachment 2
This excerpt is from a letter written by Peter A. Martin, owner of lot F-4, to
Jeff Bier, realtor involved in the sale of lot F-4 to Keith and Mary Saar,
dated October 6, 1988, stating the condition of the lot.
Regarding the road and the easement deeded by the owner of lot F -5, he
wrote:
"...The roadway and underground utility services were constructed by
Arneson and Dorais along the access and greenbelt easement. The roadway
appeared to encroach on Lot F -5 owned by Arneson so he agreed to give me
an easement to avoid any problem."
^1
b of 10
Alk� r.Z.J 3
'LAT OF LOT FR-2
S I ON
NO.
Lot F -4
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x.84 AC f/-
GREENBELT AND Ill Y I
ACCESS EASEMENT" 1
TO BE VACATED. N
BY THIS AMENDED N I
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Attachment 6
This excerpt is from a letter written by Peter A. Martin, owner of lot F-4, to
Jeff Bier, realtor involved in the sale of lot F -4 to Keith and Mary Saar,
dated October 6, 1988, stating the condition of the lot.
Regarding the greenbelt and access easement, he wrote:
" ...the owners of lot F -2 have constructed a parking area within it. This is
not acceptable in my view and I have protested to the owners. Jack Ditlove,
the present owner, has verbally assured me that he will correct the
situation..."
Additionally, he wrote:
"...I have a good paper trail on this and the former owner, Doug Haffneiter,
wrote to me under date of 2 -13 -84 conceding that the use of the access
easement for a parking area was understandably not acceptable. I will retain
this correspondence just in case anyone ever needs it. It is my feeling that
Ditlove will honor his oral agreement."
to OF to
APR -28 -2000 FR! 11:57 AM FM N0. P. 05
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
PITKIN COUNTY (hereinafter COLTN"TY) and rrz<i t2
C - 7) if-/n y2 (hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for
(hereinafter, THE PROJECT).
-1 ... APPLICANT understands and agrees that Pitkin County Resolution'
No. 96 -52 establishes a fee structure for Planning applications and the payment of
: -_ -all processing fees is a condition precedent to a determination of-application — --
completeness.
3. APPLICANT and COUNTY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
COUNTY further agree that it is in the interest of the parties to all APPLICANT to
make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the COUNTY when they are necessary as costs are incurred-
COUNTY agrees it will be benefited through the greater certainty of recovering its
full costs to process APPLICANT's application.
4. COUNTY and APPLICANT further agree that it is impracticable for
COUNTY staff to complete processing or present sufficient information to the
Planning Commission and/or 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.
jj b
APR -28 -2000 FRi 11'57 AM FAX K0, P, 06
v7:
5. Therefore,. APPLICANT agrees that in consideration of . the
COUNTY's waiver of its right to collect full fees prior to a determination of
applica ton completeness, APPLICANT shall pay an initial deposit in the amount
Of -$ AAk3 which is for hours of Planning staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional
monthly billings to COUNTY to reimburse the COUNTY for the processing of the
application mentioned above, including post approval review. Such periodic
payments shall be made within 30 days of the billing date. APPLICANT further
agrees that failure to pay such accrued costs shall be grounds for suspension of
processing.
P1TICEN COUNTY APPLICANT
Cindy Houbeu
: E om mnityn-Development Director
g:Uu ppe rtlforms\agrpay.do c
2/19198
rint Nam
tgnature
Date: ra ll u allO
1Vl2iling Address:
Jul_'
ASPEN/PIT ' ASPEN/PITKIrsi COMMUNITY DEVELOPMENT L-EPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920 -5090 FAX# (970) 920 -5439
August 11, 2000
Jack Ditlove
0167 Bison Lane
Redstone, CO 81623
Re: Ditlove Minor Plat Amendment
Dear Jack,
This application has been scheduled for review at a hearing by the Board of County Commissioners
on Wednesday, October 11, 2000 at a meeting to begin at 3:00 P.M. The Friday before the meeting
date, a copy of the memo pertaining to the application is available at the Planning Office.
The Community Development Department has completed its preliminary review of the captioned
application. We have determined that this application is incomplete. The following items are
needed before this application can go forward:
If you have any questions, please call the planner assigned to your case, Brian McNellis, at 920-
5099.
Sincerely,
Tenley Taylor
Administrative Assistant
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920 -5090 FAX (970) 920 -5439
MEMORANDUM
TO: Attorney
Zoning
Redstone Ranch Acres HOA
Redstone Ranch Acres Subdivision No. 4 property owners
• Lorrain Estelle Saddler
• Jack S. & Mary C. Ditlove
• Darrell J. & Mary E. Wedam
• Posluszny Family Living Trust
• Jill A. Thompson
FROM: Brian McNellis, Community Development
RE: Ditlove Minor Plat Amendment
2729 - 292 -03 -001
P78 -00
DATE: June 21, 2000
Attached for your review and comments are materials for an application by Jack & Mary Ditlove.
This application will be reviewed by the Pitkin County Community development Director.
Please return your comments to me July 21, 2000.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT
IF YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
0L
PUBLIC NOTICE
RE: DITLOVE MINOR PLAT AMENDMENT (P78 -00)
NOTICE IS HEREBY GIVEN that a public hearing will be held on October 11, 2000 at
a regular meeting to begin at 3:00 PM or as soon thereafter as the conduct of business
allows, before the Board of County Commissioners, Plaza One Conference Room, 530 E.
Main St., Aspen to consider an application submitted by Jack & Mary Ditlove, requesting
a Minor Plat Amendment to reduce the width of an existing access /greenbelt easement.
The property is located at 0167 Bison Lane and is described as Lot F2 of Redstone Ranch
Acres Subdivision. The application/resolution are available for public inspection in the
Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611.
For further information, contact Brian McNellis at (970) 920 -5099.
Jeanette Jones, Deputy County Clerk
Board of County Commissioners
Pitkin County Account 002.02
Pa,�ec1
11 — t"' a q/'' /00
j
6?4J
b, MMUNITY DEVELOPMENT DEPARk.. ENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5090
Pitkin County
0. D CU
Land Use:
172
Board of Adjustment
159
County Land Use Code
173
Deposit
174
Flat Fee
162
Zoning and Sign
169
Public Notice
160
Planning Enforcement
0. D CU
\ /�OTAL - /�/ 460 OO
NAME: 7: /� ! '/ Y i /LQ vC
ADDRES /PROJECT:
PHONE;
CHECK# G
CASE /PERMIT #: 1
/ #OF COP,iES
DATE: INITIAL LOAD
Referral Fees:
RB115
Access Permit
LUC01
County Clerk
193
County Engineer
194
Environmental Health
198
Housing
190
Land Management
196
Wildlife Officer
\ /�OTAL - /�/ 460 OO
NAME: 7: /� ! '/ Y i /LQ vC
ADDRES /PROJECT:
PHONE;
CHECK# G
CASE /PERMIT #: 1
/ #OF COP,iES
DATE: INITIAL LOAD
Building Fees:
170
Board of Appeals
135
Building Code Sales
105
Building Permit
100
Contractor License
120
Electrical Permit
195
Energy Code Review
115
Mechanical Permit
150
Plan Check
110
Plumbing Permit
130
Reinspection
151
Aspen Sanitation
152
AVFD Fire Marshal
Other Fees:
155
Use Tax
165
Copy
Performance Deposit
185
Park Dedication
186
Parking Cash in Lieu
166
CIS Maps
IS
CIS Requirements
RB116
Road Impact Fees
\ /�OTAL - /�/ 460 OO
NAME: 7: /� ! '/ Y i /LQ vC
ADDRES /PROJECT:
PHONE;
CHECK# G
CASE /PERMIT #: 1
/ #OF COP,iES
DATE: INITIAL LOAD
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