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HomeMy WebLinkAboutpitkin.planning.264514300018DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and /or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (Ilxi7) Parcel ID: 2645- 14 -3 -00 -018 Application Date: 9/9/11 Case No: P073 -11 Description: Haman Activity Envelope, Site Plan Review, Scenic /Ridgeline Review, with Planner: Mike Kraemer Vesting # Copies: 1 Project Address: 192 YELLOW BRICK LN, SNOWMASS, CO 81654 Property Owner: MCABERY ROBERT Address: PO BOX 1937 ASPEN, CO 81612 Owner's REP: MIKE HAMAN REP's Email: mikemtricity@aol.com Referrals: EH & NR REFERRAL Other Referrals: Shield -O Mesa HOA None FIRE DEPT - BASALT CDOW ALL OTHER REFERRALS Comments Due Date: 12/06/2011 Address 46ASPENVILLAGE ASPEN, CO 81611 Allocated Hours: 12 % Over Hours: 4.4 Owner Phone: REP's Phone: (970) 987 -3322 Meetings: list Meeting: Meeting Date: 2nd Meeting: 3rd Meeting: Review Body: admin Public Hearing? yes Notice Date: 11/06/2011 Meeting Notes: vpn 2/2/12 Approvals: BOCC Resolution #: P &Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination # 004-2012#586101 Other Information: VR Approval Date: 01/23/2012 VR Expires Date: 01/23/2015 Remarks: Plat Recorded Date: 01/24/2012 Plat (Bk, PG): B99 P11 #586104 Application Type: Activity Envelope Site Plan Scenic /Ridgeline Review Vested Rights - Extension /Reinstatement RECEPTION #: 586101, 01/24/2012 at 09:49:15 AM, 1 OF 9, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE PITIQN COUNTY, COLORADO, CONIMUNITY DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE HAMAN ACTIVITY ENVELOPE AND SITE PLAN REVIEW Administrative Decision No. —Y-- 204 RECITALS Mike Haman (hereafter referred to as "Applicants ") has applied to the Community Development Director of Pitkin County, Colorado ( "Director ") for Activity Envelope and Site Plan Review to develop a single family residence on a lot that contains a dilapidated single family residence. The Applicant wishes to rehab the existing residence and construct an addition less than 5,750 square feet. 1. The Lot is located at 192 Yellow Brick Road Legal Description - Attachment A. PID #: 264514300018. 2. The Lot is approximately 3.8 acres, is in the RS -30 zone district, and is non - conforming in size. 3. The Lot is currently developed with a dilapidated stone residence that is currently uninhabitable. The existing residence received a building permit and variance from the Board of Adjustment for construction of the residence within the front yard setback for the lot pursuant to BOA Resolution No. 85 -18. Most recently the property received a variance for construction within the setback pursuant to BOA Resolution No. 10 -2011 (Reception No. 585490). 4. According to a wildlife report submitted, the Lot is not mapped within any big game ranges nor is it mapped within any ranges identified by the adopted Seasonal Activity Maps. The Applicant has engaged a Pitkin County Certified Wildfire expert who states that the Lot is mapped within a medium wildfire hazard area. During the site visit, Staff drove Snowmass Creek Road (scenic condor) to understand if the proposed development would obstruct a ridgeline. The Lot and future residence are not visible from Snowmass Creek Road or Capitol Creek Road. 5. The application was referred to the Colorado Parks and Wildlife Department (CPW), Shield O Mesa Homeowners Association, the Environmental Health Department (EH), and the Basalt and Rural Fire Department. Comments were received from EH and the CPW with some conditions. 6. Public notice was published on November 6 2011. An affidavit of public notice was mailed on October 26'", 2011. No objections were received within 30 days. The Director finds that the proposal meets the standards of the Land Use Code for Activity Envelope and Site Plan Review. APPROVED by the Director, subject to the following conditions: The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. Page ! of 4 2. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit review. Structures represented in the application might not be permitted under building and zoning regulations. 3. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 4. The new residence shall utilize earth -tone colors and non - reflective roofing. 5. Prior to issue of building permit, the Applicant shall provide documentation of participation in the Shield O' Mesa Road Association or provide proof of exemption from the Association. 6. At building permit application, the Applicant shall: a. Complete a fireplace /woodstove registration form with the Community Development Department, if necessary. b. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre. c. Obtain a County access /driveway /turnaround permit acceptable to the Basalt and Rural Fire Protection District and Planning Engineer. d. Submit a drainage and erosion control plan for review and approval by Planning/Zoning. e. Submit a construction management plan for review and approval by Planning/Zoning Technician showing the locations of staging, material storage and employee and construction traffic parking. f Pay the applicable road impact fees. g. Apply for an OWTS permit that either addresses the functionality of the system or The Applicant shall comply with the medium wildfire standards as designated in the attached wildfire report (Attachment B). In addition to these standards, the Applicant shall comply with all requirements of the Basalt and Rural Fire Protection District. 8. Submit a plan for review and approval by the Shield O Mesa Road & Maintenance Association for payment of a pro -rata share to the District for road maintenance and snow removal. The Applicant shall comply with the following general conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelope is prohibited. B. Mesh or woven wire fences are prohibited outside the Activity Envelope except hay storage. C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. D. Wire fencing must be three (3) strands or less. The top wire should be a twelve- point- five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. Page 2 of 4 OCW- eol Z The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. E. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. F. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre- existing native trees and shrubs. G. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. H. Trash/garbage shall be kept in an approved bear resistant container or enclosure. These containers shall be accessible to and use at all times by contractors on site. I. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. J. Pet food shall not be left outside. K. All outside door shall utilized solid round handled door knobs. L. Contractors shall not bring dogs on site during construction. 10. No development shall occur outside the approved activity envelope with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved activity envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. IL Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the comers of the activity envelope and install construction fencing around the construction site. The fencing shall remain in place until issuance of a Certificate of Occupancy. 12. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one growing season of the project's completion. 13. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on January a.� , 2015. 14. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. Page 3 of 4 UUN- Z01 PUBLISHED AFTER, FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the � day of HA �9 , 2012. APPROVED by the Director, this :L31 day of 3 1 2012. Cindy Houben, Community Development Director PID# 264514300018 P073 -11 Page 4 of 4 0 ON- eo?- Attachment A Legal Description -- - - ---- ----- --- - ---- Section: 14 Township: 9 Range: 86 THAT PART OF THE SW4 WHICH BEGINS AT A PT ON THE ELY - - - ----- - - - LINE OF PROP DESC AT BK 234 PG 334 FROM WH THE SW COR OF SEC 15 -9 -86 BEARS S 76 37'16"W A DIST OF 6,608.16 FT BK 247 PG 248 -- - - -- -- - -- - -- - - - - -- INC. 1 210 September 9, 2011 u ...M. RE: 192 Yellow Brick Road - Wildfire Hazard Review Dear Mr. Haman Please submit this letter with your application to Pitkin County. I visited the property at 192 Yellow Brick Road in the Sheild -O subdivision in Pitkin County, on September 2, 2011 with Mr. Dike Haman, the property owner. Mr. Haman is requesting an activity envelope designation for the redevelopment of the property and existing homesite. The proposed site is considered ."Medium Hazard ", but Severe Hazard areas exist on the access road and on slopes to the south of the homesite. The topography around the homesite is generally around 13 %. The fuels were naturally patchy to the north of the home, and previous land owners had done significant grading to the north and northeast of the homesite, effectively creating a fire -break in that no fuels were left within the graded areas. Fuels in the greater area are dominated by Gambel's oak, sagebrush, and medium -sized shrubs and were generally continuous. Therefore, the following Mitigations are recommended for any new construction: I. Defensible Space As during re- development and remodeling of the existing home, most of the vegetation within at least 15' of the homesite will likely be removed, re- planting of vegetation must adhere to the following: 1. Brush, debris and non - ornamental vegetation shall be removed within a minimum 10 -foot perimeter around the home and any above - ground propane storage tanks. 2. No additional conifers or tall shrubs shall be planted within 20' of the home. 3. To the east of the home (the west and northern sides of the home already have suitable shrub thinning), thin existing shrubs to 40% of current densities (Le., remove 60% of shrub canopy cover) out to 40 -feet of the homesite. 4. All r emainin g shrubs within the 40 -foot perimeter should be pruned to a height of 6 to 10 -feet above the ground, if possible, to PO BOX 833 • GLENWOOD SPRINGS • COLORADO • 81602 PHONE /FAX: (970) 945 -9558 • CELL: (970) 309 -4454 EMAIL: EPETTERSONQRMES- INC /COM • WWW.RMES- INC.COM e.. remove ladder fuels. Understory shrubs (Le., sagebrush) should also be removed to reduce ladder fuels. 5. Vegetation around the house should be kept to less than 6" within 20' of the structures, aside from irrigated forbs and grasses. 6. From 40 feet from the home to 100' feet from the home (or to property boundaries), remove dead and down woody debris, and prune dead branches from shrubs up to 6 feet. 7. Installed or native landscaping within 20' of the house should not contain any brushy species- only grasses or forbs are allowed. Flammable mulches (wood daps) are not allowed within 2' of the house. Aspen trees are allowed near the house, as long as they are not within 10' of the structure, and are kept limbed to 10' (unless the trees are less than 10' tall). No trees of any species may be within 15' of any window. At the northern side of the house there is a small remaining clump of oakbrush (see photo). This clump can remain as the property owner has committed to keeping the side of the house facing the A­p of shrubs constructed with non - combustible materials. 9. The property owner shall be responsible for the continued maintenance of the above listed vegetation requirements. II. Access 1. Access driveway shall be built to County Standards, and the current "loop" occurs near the house. A looped driveway, as defined in the Land Use Code is not feasible given the topographic constraints of the site. The existing turn-around at the house should be widened and improved to provide better access. 2. The cul -de -sac turnaround pad shall have a minimum of a 30' foot drivable surface inside turning radius. ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC 191 Yellow Bnt* Road- Ha ?ard Review 91912011 3. Thin back shrubby fuels 10 to 15' on either side of the driveway, removing 60% of the existing foliar cover. This may be done in an aesthetically pleasing manner. No coniferous trees are allowed within 20' of either side of the driveway. III. Water Supply for Fire Safety 1. All structures greater than 5,000 square feet in size shall be required to install in -house sprinkler systems that meet the standards of the local fire protection district and the IBC. At building permit submittal, the local fire protection district may require smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of proximity to fire protection services. IV. Roofing Materials, Roofing Vents and Projections at and Below Roof Line a) Flat Roof Standards Roofs with less than a 3:12 pitch are not permitted in Medium Wildfire Hazard Areas unless it complies with the following: 1. All roof coverings shall be constructed of non - combustible materials and installed on a Class A assembly. 2. All roof coverings shall have a surface that facilitates the natural process of cleaning roof debris. 3. Protrusions above the roofline, such as parapets, shall be prohibited, unless they are constructed of non - combustible materials. 4. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. b) Roofing Materials 1. Class A covering or Class A Assembly as defined by the currently adopted building code is required- if the roof is to be flat, then a non - combustible sheathing is required. 2. No wood shakes or shingles. c) Roof Venting 1. Soffit venting shall be located in the outer 1 /3rd portion of the overhang (which may not be applicable for this home). 2. Attic, soffit and other roof venting shall be of non - corrosive metal mesh with maximum ' / a" openings. d) Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other. 1. Sheath with non - combustible materials, or 2. Combustible materials underlain with 5/8" Type X gypboard or equal, or 3. Minimum 4x6 rafters with 2x T &G decking. e) Decks, Decking, Cantilevered Floors, or Other Projections Below the Rooffine: 1. Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. OPT ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC 192 Yellow Brick Road- 0 BA-, id Review 91912011 V. Maintenance and Miscellaneous Requirements a. Roofs and gutters shall be kept clear of debris. b. Yards shall be kept clear of all litter, slash and flammable debris. c. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. d. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height of not more than six (6) inches. e. Firewood /wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. f. Swimming pools and ponds shall be accessible by the local fire district. g. Fences shall be kept clear of brush and debris. h. Wood fences shall not conned to other structures. i. Fuel tanks shall be installed underground within an approved container. j. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire- resistive construction on the exterior side of the walls. k. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 1. Addresses shall be dearly marked with two (2) inch non - combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non - combustible surface. The standards stated in 7 -20 -60 Wildfire Hazards, has been slightly modified for the conditions at this property. Thank you for this opportunity to comment on this property, and please feel free to email if you have any questions. Sincerely, Roc Mountain Ecological Services, Inc. ROCKY MOUNTAIN ECOI.OGIGSI. SERVICES, INC N91 -11y sig edEyErICPen— Eric MI.IncP erso ,. -RM . Inc, ou.emanepenenonprmn- Petterson a� „U;� Eric Petterson Roc Mountain Ecological Services, Inc. ROCKY MOUNTAIN ECOI.OGIGSI. SERVICES, INC CONFERENCE SUM MARY PIE* 284514300018 SIZE: 3.85 Acres ZONING: RS -30 OWNER: Robert McAbrey PHONE & EMAIL: 970 - 987 -3322 REPRESENTATIVE: Mike Haman (buyer) mikonttricityQ801.com DATE: August 23 2011 _ PLAN NER: Lance Clarke 920.5452 _ Type of Application: Activity Envelope and Site Plan Review including Scenic /Ridgeline Review (if applicable) with vesting. Description of ProjecVDevslopnwnt: The Applicant is requesting approval to establish an Activity Envelope and Site Plan Including SceniclRidgeline Review (if applicable) with Vesting to reconstruct/remodel/build additions to a single family home and appurtenant structures. Sec. 740 -0: Activity Envelope; Sec. 7- 20-10: Site Preparation and Grading; Sec. 7. 20-20: Steep and Potentially Unstable Slopes; Sec. 7- 20.30: Water Courses and Drainage; Sac. 7- 20.50: Geologic Hazards; Sec. 7- 20.60: Wire Hazards; Sea 7- 20.70: Sec. 7-20- 120(d): Wildlife Habitat; Standards for Scenic View Protection Areas/Ridgeline (if development will be visible from Snowmass Creek Road or Capitol Creek Road); Sec. 7 -20-130: Landscaping and Vegetation Protection; Sec. 7.20 -140: Lighting; Sec. 7.30: Roads, Driveways and Parking. Staff will refer the application to ilk following agencies: Shield-O Mesa HOA, Basalt Fire Protection District, CDOW, Environmental Health Department. Review by: Community Development Director. Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice at least 30 days prior (by first class mail) to all property owners and mineral estate owners within a 300 foot radius of all property lines with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing A property owner receiving the public notice shall have 2 weeks from the date the notice is postmarked to submit comments or objections to the Community Development Department. FEES: $ 4,365.00 (Please make checK payable to "Pitkin County TreasureP') Planning Office fiat fee: $3,744 (non - refundable; based on 12 hours of staff time. if staff review time exceeds 14.4 hours, the Applicant will be charged for additional time above 12 hours at a rate of $312/hour). • Public Notice Fee: $64 • Web Technology Fee: $25 �niuk r � nren Z� ,11 O \8/ o EH Dept referral: $842 To apply, submit two unbound copies of the following with no pages larger than 11" x 17" and one not of large maps: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing each of the provisions of the Pitkin County Land Use Code identified above in sufficient detail to demonstrate that all substantive review criteria have been met. Summarize existing conditions, current uses and proposed future uses or expansions as described in Section 1.1 through 1.8 of the Pitkin County Land Use Application Manual. 2. 24" by 36" and 11" by 17" Activity Envelope and Site Plan as designated in Sections 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; 3. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual (it applicable); 4. Copies of all resolutions, ordinances and approvals including any recorded drawings; 6. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use Application Manual; 6. Paroel description, including legal description and 8-1/2" x 11" vicinity map locating the subject property within Pitkin County; 7. Proof of adequate water (in terms of both quantity and availability) for domestic and fire protection purposes and irrigation purposes as applicable, for each dwelling unit; 8. Consent from all owners to process application and authorizing the representative; 9. Total fee for review of the application; 10. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees; 11. List of all property and mineral estate owners within a 300 foot radius of all parcel lines; 12. A copy of this Pre - application Conference Summary form NOTES PLEASE SUBMIT ONE UNBOUND, SINGLE SIDED COPY OF YOUR COMPLETE APPLICATION. THIS COPY SHOULD HAVE NO DOCUMENTS LARGER THAN 11'7017" ALONG WiTH A COMPLETE SET OF 24 "X 38" MAPS. Y THE PARCEL IDS SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED iN YOUR APPLICATION. Y ALL MAPS SHALL BE FOLDED 'r The land Use Code is available on-line at http: //ww2.asugMitKin.com /Department& County -Codes y The Land Use Application manual is available on -line at Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2 -24100 of the Pitkin County Land Use Code. A signed, notarized copy of &a affiidi vit confirming notice must be received from Applicant prior to approval. This pre - application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the applcation. NUIOU2 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT F ENr nc wars eras eoa� �r wr�n� re�a PITKIN COUNTY (hereinafter "COUNTY ") and ` _ _ / t l k L (hereinafter "APPLICANT") AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for 1 y LEI �O VJ 6 tZ ICIL.1, (hereinafter, the "PROJECT`). 2. APPLICANT understands and agrees that Pftkin County Ordinance No. 30 -2009 establishes a fee structure for land use applications and the payment of at) processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, In full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs Involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. B. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on —, hours of staff time, and if actual time spent by staff to proosss the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. d PITKIN COUNTY ~-- ,_____ :_ ("APPLICANT -) Cindy Houben Community Development Director By: Print Name and Title (if applicabM) Date: ' `i - Z v I Mailing Address: , --1 As n.:" s3 192 YELLOW BRICK LANE ACTIVITY ENVELOPE APP 9 -9 -11 APPLICANT- MIKE HAMAN- OWNER PROPERTY IS AN EXISTING SINGLE FAMILY HOME. IT WAS OCUPIED BY PREVIOUS OWNER FROM ? THRU 2006 ?. IT HAS BEEN VACANT SINCE. 6 -22 -1978 APPROVED COLORADO WELL It 99631 6 -8 -1978 PITKIN COUNTY HEALTH DEPT. APPROVED SEPTIC # 78042 9 -6 -1985 PITKIN COUNTY FOUNDATION PERMIT # 8114 9 -10 -1985 PITKIN COUNTY FOOTER INSPECTION APPROVED 1985 PITKIN COUNTY SIDE YARD SETBACK VARIANCE APPROVED 10-3 -1985 PITKIN COUNTY SLAB PLUMBING INSPECTION REJECTED 10 -28 -1985 PITKIN COUNTY BUILDING PERMIT 3192 SQ. FT. #8446 6 -2 -2002 PITKIN COUNTY NOTICE OF VIOLATION- NO LAND USE OR BUILDING PERMIT RECORDS FOUND - OBVIOUSLY WRONG 10 -2 -2003 PITKIN COUNTY RED TAG ALL OF THE ABOVE RECORDS ARE ON FILE WITH PITKIN COUNTY. AS NEW OWNER, I INTEND TO REHAB THE EXISTING STRUCTURE AND COMPLETE 1 HE SECOND FLOOR JOTALING APVROX 3200 SQ. 11. NO OTHER STRUCTURES ARE PLANNFD FOR THE PROPFRTY. APPLICABLE LAND USE SECTIONS TO BE ADRESSED 7 -10 -50 ACTIVITY ENVELOPE- DRAWING SUPPLIED 7 -20 -10 SITE PREP AND GRADING- EXISTING 7 -20 -20 STEEP SLOPES- DRAWING SUPPLIED- NA 7 -20 -30 WATER COURSES AND DRAINAGE -NA 7 -20 -50 GEOLOGIC HAZARDS- NA 7 -20 -60 WILDFIRE HAZARD- MEDIUM HAZARD APPROVED CONSULTANT REPORT INCLUDED 7 -20 -70 WILDLIFE HABITAT APPROVED CONSULTANT REPORT INCLUDED 7- 20 -120d SCENIC VIEW PROTECTION- NA 7 -20 -130 LANDSCAPE AND VEGETATION PROTECTION NONE PRESENT IN ACTIVITY ENVELOPE 7 -20 -140 LIGHTING- PROPOSED FIXTURE SPEC SUPPLIED 7 -30 ROADS, DRIVES, PARKING- EXISTING ON MAPS ,j,_ ^ '- v:;L��i:.;J ACLND P[dAP K �4F L S #CLO C r a r b Z#- IT PA CE 1 1 4T PA Vc d00 h' . J¢ ,1 / PAuE J3¢ 1A EaP j` r J , p I / II I ` AbLIA',; PEd.I � EaP Jt \ i / I % IMPROVEMENT SURVEY A PARCEL OF LAND SITUATE D OF SECTION 14, TOWNSHIP 9 WEST OF THE 6TH P.M., PITKIN AOUNO !'TEFL 'TTST I A Mi A /J aN0 f ITE °0 „T IN THE SW 1/4 SOUTH,RANGE 86 COUNTY, COLORADO /► Q c - 1 1 j u rr� E- U L10 1I— I D zL 4s ) Lt 3 c)(Da 18 LEGA DESCRIPTIO THAT PART CF THE SGUTHWEBT ONE- QUARTER OF SECTION 14, TOWNSMF I SJUTH, RANGE 86 WEST OF THE bTH HIM DESCRIBED AS FOLLOWS Fi)IINP *E6.1P K C-IP BEGINNING AT A PO.NT ON THE EASTERLY LINE OF PROPEPT, DESCRIBED IN CHOIR 234 AT PAGE 334 OF THE PITRIN C OVNTI RECORC S. FROM WHENCE THE SOUTHWEST CORNED OF SECTIOIU 15. IN SAID TOWNSHIP AND RANGE, BEADS SJUTH 1 6'3 7'16” EAST I68 FEET, MOPE OR LESS, TO AN 4NGLE CORNEA UN THE EASTERLY ONE OF SAID PROPERTY DES;R16ED IN BUOY 234 AT PACE 3'4, THEN SOUTH 45304, EA °l 4404 FEET, IHEN:E NORTH 11'2723" EAST 433 FEET THENCE NORTH 42* WEST H304 PET, THENCE `OUTH 38281) WEST 303 52 FEET MORE OR LESS, TC THE F'C9NT OF BEGiNNIN1, L(UJDF) OF PITKIN, ST4T_ OF COLGRADII cY /' S`bJ'Es'O POW +P c; EI T,C.rC EA,EMEN.' 90KA JDs AT PACL 154 I-OAP PEI, / i i, YY i OT i I 'r N IG'05 3' E 4 - 11 y �y w 12W % AGUNO 45 PE1H1 \ / IL4.E - T INCH = ¢p AEE; I e' }cJDIX'TI #s PLE41 IT F e� fm s - r- "I U DUN A BAGENr ?OLOPAC'O FBSIBIERED PFOFE6YONAL ✓, 269 0 �¢ [AND SURVEYOP W2E'J50 FOR AND ON BEHALF OF 3CARRUW 4 WALKER, INC'nss I 'PaA! LANDS m aE k ilt 4 14 OP o P 0X1 v Q �•�WB y O 0 � w p 's 4 No TES I) BEARING`. SHOWN HEREON ARE BASED ON A BEARING OF N 453040" F nt CINC THE SOUTHWESTEILY LIFE OF THE PARCEL AS MONUMENTED AND SHOWN HEREON AIIG OTHER BOUNDARY - OPNERS AS MONUMENTED AND SHOWN J) L,T DIMENSIONS SHOWN HEREON ARE BASED SJJEL, UPON RECORD INFORMATION 3) THIS PROPER', IS SUBJECT TO ALL EASEMENTS RIGHTS - OF -WA,S, AND RESTRICTIONS AS VOTED ON A TITLE COMMITMENT REFERENCED HEREON, AS SUCH ITEMS MAY AFFECT TH',S PPOPERT'r 41 SCARROW & WALNER, IN^ WILL iNOT BE RESPONSIBLE FOR ANY CHANGES MADE RC THIS DOCUMENT AFTER IT LEAVE`. O:,R POSSESSION ANY COPY', FACSIMILE, E➢_ OF TFIC, DOCUMENT MUST BE COMPAPED TO THE ORIGINAL SIGNED, SEALED AND DATED DOCUMENT TV INSURE THE ACCURACY OF THE INFORMATION SHOWN OU ANY SUCH COPT 5; NJT'CE ACCORDING T'J COLORADO LAW, IOIL MUST COMMENCE 4N' LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVE, WITHIN THREE (3) YEARS AFTER YOU DISCOVER 5UrN DEFECT IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS IMPROVEMENT SURVEY BE COMMENCED MORE THAN TEN YEAR (10) PEARS FPOM THE DATE OF CERTIFICATION SPOWII HEREON IMPROI'EMENT SURVEY CERTIF i HEREBY CERTIFY THAT THIS IMPROVEMENT SURVEY WAS PREPARED B'1 SCAPRC'W & WALTER, INC FOR MILE HAMAN AND S"EWART TITLE OF ASPEN. INJ UNDER M, DIRECT SUPER VISION ADD CHECFING AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY PN:R%LEDGE AIJD BELEF FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON TUS DATE. AUGUST 22. 2011, EXCEPT UT'LIT'I CONNECTIONS ARE ENTIRELY WITHIN THE BOUNDARIES OF BOJIJDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAI THERE ARE NO ENCROACHMENTS UPON THE DESCRBED PREMISES BY IMPROVEMENTS ON AHY ADJOINING PREMISES EXCEPT AS INDICATED, uND THAT THERE F NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CRO53 OR BURDENING ,N+ PART OF SAID PARCEL, EXCEPT AS NOTED THIS IMPPOVEMENT _LIP \Ef DnES RIOT REPRESENT A TITLE SEARCH B SCARROW AND WALTER, MC TO DETERMINE OWNERSHIP OR E43EMEIJTS OF PECORD ALL INFORMATION REGARDING OANiPSHIP EASEMENTS ADD OTHER ENCUMBRANCES CF REPSRD WAS OBTAINED FROM AND SUBJECT Tn A TITLE INLURANCE ?OMMITMENT I SUED B, SIEWART TITLE YE ASPEN, TIC, ORDER NO 743 - 52. EFFECTIVE DATE AI.GU`3 I, 21,11 vlH..1, 3Ae at wrrx.eraGrNliph4rxL mnu ea]anBL10 -page 1 b t Job Name: Job Type: SeaGuRlghfing Comments: Quantty Life iilarrtinateci I Since 1919 8938DBL -10: Dark Sky Outdoor Lantern Dimensions: Moth: 5 „ Extends: 8 Height T' Wire: 61,2" Connection: Mounted To Box Bulbs: 1 - GU24 self ballasted 13w max 120v - included Features: • Fixture is Dark Sky compliant • Offers energy saving fluorescent lighting • Meets Title 24 energy efficiency standards Material List: 1 Body - Aluminum - Bronze Safety Listing: cUL Listed for Wet Locations Collection: Dark Sky Instruction Sheets: Outdoor Fluorescent One Light Wall Fixture in Bronze Finish French (F -009) English (A-779) Meets Dark Sky Requirements; Ref. fix. 8338 -10 English (HC -1040) UPC #:785652893803 Finish: Bronze (10) Backplate / Canopy Details: Replacement Bulb Data: Product# I I ITY!", e— Ylh[b liffidlaConimmil lVdft IN.. IL.M. Temp( 'K) Cr8 07102 1 1 1 1 113 1 112DW 110000 1900 12700 81 Shipping Information: Package Typ Product# I QUNR* 1UPC Lmip 1 111101, 1 NMyIK I Cale I YWgIt I UPS Ship Individual 8938DBL -10 1 785852893803 8.78 6 7.75 0.238 2.31 Y6# NJ Pallet 180 46 40 76 84.444 415.8 NO NV Pallet 120 48 1 40 1 78 84.444 277.2 No ee. rxeuWrorwsw�V +m�....r•a e �a u � m aaw•r'�n w•.d e..mw�. wr�errma '.rnr+'a.�e's wnw umm nwaarrommrr.ry >• urw+e•e .iexan•rwx Macs.• a'rL.+' • amc�w. fiaed> iu n rw udir.e aadn wuwr c.ro r:��.rr..r w mmr.�u.m u.s me„bv wceen �m..a.ti.. aedemai a na.M n�� m rammywe ANeaae evetll�WN.Yrwrb rmannwMUlme mpr.a Mm mwai N.w WRaylo aie eee MneO CfS=G LW -x aemnaon eruct Cmgvry 000007 I I n.4 :J u r�Faat o sa no iNm.wr 3 q J �C a ' Elk ®veral4., Flange w r k . S. i 115 192 Yellow Brick Lane 183 Elk Winter Range Q Pate1 B -ti^-ftNeralSireama Elk Overall Range Map Produced: September 7, 2011 mire Area is within: ;uie Deer Summer Range ule Deer Overall Range ( Q D f , 192 115 0 y v. 10 0 0 9 183 �;. Mule Doer Summer Ranpr j W 110 °ied a°'"i0i^� >R°°�'Y- RNaislStrmme M8 Produced: o � �� 192 Yellow Brick Lane �� Mule Deer Overall Range by September 7, 2011 � M) = ?_ / Y O 41 + r � f M O A 192 � ?yo ryyo a �o a ry 0 8190 e �00 0 P q h l d � .. O - i / g 80 m o 809 IWO ti O - ?83 O O 16 30.01 -45 ° 192 Yellow Brick Lane Ye°� % " e' y s'S � °-'S +��m�.. ( � ( ,:1 -3 0 45.01 -+ i / m n va.m mwlenea +fi R.We.n Riven Stnmrns Ten Foot Contour Line m «mores ;. am, +01°� Map Produced: September 7, 2011 - -- O ^� 0 0 ^ y 0 O o ^� � a / m n va.m mwlenea +fi R.We.n Riven Stnmrns Ten Foot Contour Line m «mores ;. am, +01°� Map Produced: September 7, 2011 - -- .-t CD 0 0 0 l / \1 1 heh =bbN r W ildfire Hazard Low Hazard 192 Yellow Brick Lane Classific Medium Hal PaeceI BOUMen R ps II High -Trees � -� .. °' '`�✓ --- a verslStreema smKiuea .' o High - Brush aaee�aas �axamom: Map Produced: September 7, 2077 Buyers Fhat Closing Spterrrent Buyer s Final Closing Statement Buyer(5) Mdse Haman, 13120 B RGaq OeBa, CO 81418 Selle11e) Robert MGAbrY, PO Box 9, Dove peek, C081324 Lerber PmpadY d the C I W.t 1/4 of Segbn 14, TownaMp 8 South, Rerga 88 West, Piikb County, y. Colorado 192 Yelbw Brkk Lame, Srean.e, CO 81854 Stewart Title(970) 925 -3577 M � V J d LAO Cloekp Gate SWel1 Pmmbon Cate 922011 Gaek USB - US Bank-State Ea acewntl Eeaav Una 301 -Aspen Ulvisloo Esvow OMrer DrutlBa Dorn Contrad Sal. Price Depostta: DepoaH or earirat money Proratbas: ASSe99hIen18 S700 per year Shield O Mesa Road InVica allrap Fern 98 111 t. 111M12 Cy $1.9/781/day_. ...... _ ....... __. County tame $1395.97 W AV Finn 111/2011 tx &Y201 / @ 53. 8290 / day ............................ Tab Charges: SetlkrteM or dosing lee to Stewart Tax CertMkate to Stewart - rd;e..._.... Recording Fa ra vsfer Charges: DeedWodgagwRelease to Stewart T Stale tax/starty:s to Siewad Tkfa....... THE UNDERSIGNED, by me emmlbn 1191401, ItasbY M Odvwwkdgs art Way have read ae above sod MMokg Closing Statement. fir) sauandedgir ease eie ermr is bus ant oavecf, and 100 Mlart0a and bad dte Closutg Agent to receive all amounts ant dm6rene all an buras pursuant to Ne /wepdrp O.alp Sbdament. It is mWiWy anderMosd srel agreed the !seas M .NMled and In case of smQ.brwd same e71 be made beaveen the prrtbs have!., me C4.e4mg Agent is reasved of ary reelpenaglelY with Be adrysimenl of saki bars. Mike Henan Sieaart Title -Aspen DiAsion OW11 12:47 PM C1rRm Llght Real Estate Broker AulMraalbn DISCLOSURE The tale company, Stewart Tab - Aspen Oivision in ha capscky ea .Crrnv agent hea Iran aul imd to receive finds end disburse tlwm when .Ii funds received am aglow. (a) avegable for Immadbte Oftirawal as a matter of right from the firrnciel imtkutloa in whk Me fins are depoalled, or (b) are avalbblw for vnmedlate vrkhdrrval as a coneeauarrce of ea agraettrnt of a fnarlclal Page 1 000012 Del M cma ._ 217,500.00 ._....._......._.__..__._.. 10,080.00 ._..._ ----- 23205 ....... _ ... _ ...... _ ................ 833.20 - __..__...._._.._._._.._. 178.00 .__�._..._.._- ..._.._._ 20.00 ....___.._ ........ _ ........ _ 31.W ....,..._.. _ ......................... 22.00 Subtotal. 217,980.06 1093320 6atree dua from Byer Tomia, 217.988.05 2,7.990.05 THE UNDERSIGNED, by me emmlbn 1191401, ItasbY M Odvwwkdgs art Way have read ae above sod MMokg Closing Statement. fir) sauandedgir ease eie ermr is bus ant oavecf, and 100 Mlart0a and bad dte Closutg Agent to receive all amounts ant dm6rene all an buras pursuant to Ne /wepdrp O.alp Sbdament. It is mWiWy anderMosd srel agreed the !seas M .NMled and In case of smQ.brwd same e71 be made beaveen the prrtbs have!., me C4.e4mg Agent is reasved of ary reelpenaglelY with Be adrysimenl of saki bars. Mike Henan Sieaart Title -Aspen DiAsion OW11 12:47 PM C1rRm Llght Real Estate Broker AulMraalbn DISCLOSURE The tale company, Stewart Tab - Aspen Oivision in ha capscky ea .Crrnv agent hea Iran aul imd to receive finds end disburse tlwm when .Ii funds received am aglow. (a) avegable for Immadbte Oftirawal as a matter of right from the firrnciel imtkutloa in whk Me fins are depoalled, or (b) are avalbblw for vnmedlate vrkhdrrval as a coneeauarrce of ea agraettrnt of a fnarlclal Page 1 000012 PPY -13 -2010 03:05P FROM:LINES IN SPP.CE (970)963-1552 70:9251405 P.1 5-W CCW. Sec. 167 - r95.;� R.86 VA btL PM. o LA ro esee(. (to use tcr� � � eon m Legal Description S QMSCOWA That part of the SW% of Section 14, Township 9 South, Range/8 Nest of the 6th Prin- cipal Meridian, described as follows: Beginning at a point on the Easterly line of property described in Book 234 at Page 334 of the Pitkin County records, from whence the SW Corner of Section 15, in said Township and Range, bears S 76 0 37 1 16" W 6608.16 feet, more or less; thence S 01 0 12' 00" E 168 feet, more or less, to an angle corner on the Easterly line of said prop- erty described in Book 234 at Page 334; thence S 45 °30 E 440.4 feet; thence N 11 °27'29" E 483 feet; thence N 42 °W 330.4 feet; thence S 38 0 28'19" W 309.52 feet, more or less, to the point of beginning. COUNTY OF PITKIN STATE OF COLORAj�O �� 3 ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC. NEPA•• WII.DLIFE••VEGETATION••WILDFIRE WnGATION— WETLANDS — PLANNING September 9, 2011 Mike Haman RE: 192 Yellow Brick Road- Wildfire Hazard Review Dear Mr. Haman Please submit this letter with your application to Pitkin County. I visited the property at 192 Yellow Brick Road in the Sheild-0 subdivision in Pitkin County, on September 2, 2011 with Mr. Mike Haman, the property owner. Mr. Haman is requesting an activity envelope designation for the redevelopment of the property and existing homesite. The proposed site is considered "Medium Hazard ', but Severe Hazard areas exist on the access road and on slopes to the south of the homesite. The topography around the homesite is generally around 13 %. The fuels were naturally patchy to the north of the home, and previous land owners had done significant grading to the north and northeast of the homesite, effectively creating a fire -break in that no fuels were left within the graded areas. Fuels in the greater area are dominated by Gambel's oak, sagebrush, and medium -sized shrubs and were generally continuous. Therefore, the following Mitigations are recommended for any new construction: I. Defensible Space As during redevelopment and remodeling of the existing home, most of the vegetation within at least 15' of the homesite will likely be removed, re- planting of vegetation must adhere to the following. 1. Brush, debris and non - ornamental vegetation shall be removed within a minimum 10 -foot perimeter around the home and any above -ground propane storage tanks. 2. No additional conifers or tall shrubs shall be planted within 20' of the home. 3. To the east of the home (the west and northern sides of the home already have suitable shrub thinning), thin existing shrubs to 40% of current densities (Le., remove 60 of shrub canopy cover) out to 40 -feet of the homesite. 4. All retraining shrubs within the 40 -foot perimeter should be pruned to a height of 6 to 10 -feet above the ground, if possible, to ( AIM . PO BOX 833 • GLENWOOD SPRINGS • COLORADO • 81602 PHONE /FAX: (970) 945 -9558 • CELL: (970) 309 -4454 EMAIL: EPETTERSON@RMES- INC /COM • WWW.RMES- INC.COM 00001-4 192 1e&w Back Road- WiUja Hpz6zd Remew 91912011 6. 7. remove ladder fuels. Understory shrubs (i.e., sagebrush) should also be removed to reduce ladder fuels. 5. Vegetation around the house should be kept to less than 6" within 20' of the structures, aside from irrigated forbs and grasses. From 40 feet from the home to 100' feet from the home (or to property boundaries), remove dead and down woody debris, and prune dead branches from shrubs up to 6 feet. Installed or native landscaping within 20' of the house should not contain any brushy species- only grasses or forts are allowed. Flammable mulches (wood chips) are not allo within 2' wed of the house. Aspen trees are allowed near the house, as long as they are not within 10' of the structure, and are kept limbed to 10' (unless the trees are less than 10' tall). No trees of any species may be within 15' of any window. 8. At the northern side of the house there is a small remaining clump of oakbrush (see photo). This clump can remain as the property owner has committed to keeping the side of the house facing the dump of shrubs constructed with non - combustible materials. 9. The property owner shall be responsible for the continued maintenance of the above listed vegetation requirements. 11. Access 1. Access driveway shall be built to County Standards, and the current "loop" occurs near the house. A looped driveway, as defined in the land Use Code is not feasible given the topographic constraints of the site. The existing turn-around at the house should be widened and improved to provide better access. 2. The cul-de -sac turnaround pad shall have a minim of a 30' foot drivable surface inside turning radius. Y MOUNTAIN ECOLOGICAL SERVICES, INC 000045 M, 3. Thin back shrubby fuels 10 to 15' on either side of the driveway, removing 60% of the existing foliar covet. This may be done in an aesthetically pleasing manner. No coniferous trees are allowed within 20' of either side of the driveway. III. Water Supply for Fire Safety 1. All structures greater than 5,000 square feet in size shall be required to install in -house sprinkler systems that meet the standards of the local fire protection district and the IBC. At building permit submittal, the local fire protection district may require smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of proximity to fire protection services. IV. Roofing Materials, Roofing Vents and Projections at and Below Roof Line a) Flat Roof Standards Roofs with less than a 3:12 pitch are not permitted in Medium Wildfire Hazard Areas unless it complies with the following. 1. All roof coverings shall be constructed of non - combustible materials and installed on a Class A assembly. 2. All roof coverings shall have a surface that facilitates the natural process of cleaning roof debris. 3. Protrusions above the roofline, such as parapets, shall be prohibited, unless they are constructed of non - combustible materials. 4. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. b) Roofing Materials 1. Class A covering or Class A Assembly as defined by the currently adopted building code is required- if the roof is to be flat, then a non - combustible sheathing is required. 2. No wood shakes or shingles. c) Roof Venting 1. Soffit venting shall be located in the outer 1 /3rd portion of the overhang (which may not be applicable for this home). 2. Attic, soffit and other roof venting shall be of non - corrosive metal mesh with maximum 1 /I' openings. d) Projections at the Rooflfne, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other. 1. Sheath with non - combustible materials, or 2. Combustible materials underlain with 5/8" Type X gypboard or equal, or 3. Minimum 4x6 rafters with 2x T &G decking. e) Decks, Decking, Cantilevered Floors, or Other Projections Below the RootBne: 1. Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. Oft ROCKY MOUNTAIN ECOLOGICAL SRRVICFS, INC V. Maintenance and Miscellaneous Requirements a. Roofs and gutters shall be kept clear of debris. b. Yards shall be kept clear of all litter, slash and flammable debris. c. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. d. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height of not more than six (6) inches. e. Firewood /wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. £ Swimming pools and ponds shall be accessible by the local fire district. g. Fences shall be kept clear of brush and debris. h. Wood fences shall not connect to other structures. i. Fuel tanks shall be installed underground within an approved container. j. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire- resistive construction on the exterior side of the walls. k. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 1. Addresses shall be dearly marked with two (2) inch non - combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non - combustible surface. The standards stated in 7 -20 -60 Wildfire Hazards, has been slightly modified for the conditions at this property. Thank you for this opportunity to comment on this property, and please feel free to email if you have any questions. Sincerely, Eric ft w f � M by Petteia pl:— m �, o.PMEt, M. N. GTdW�plf tMg1@nnl5- Petterson Eric Petterson Rocky Mountain Ecological Services, Inc ? R7Y MOUNTAIN ECOLOGICAL SERVICES, INC September 9, 2011 Mike Hartman 1q2 RE:,72 Yellow Brick Road - Wildlife Habitat Areas Review Dear Mr. Harriman: I visited the property at 192 Yellow Brick Road in the Shield -O subdivision in Pitkin County, on September 2, 2011 with Mr. Mike Haman, the property owner. Mr. Haman is requesting an activity envelope designation for the redevelopment of the property and existing homesite. This assessment is based on: (1) the on -site survey of the Property; (2) a review of current Colorado Division of Wildlife (CDOV�) Natural Diversity Information Source (NDIS) Species Distribution (formerly known as WRIS) Maps (Colorado Division of Wildlife 2011); and (4) the author's experience in recog nizing, avoiding, minimizing, and mitigating potential impacts of dcvcluptncnt on wildlife and other ccologicai resources. This wildlife analysis is based on current conditions, and expected wildlife u se in the area given the r<-nt heautan „li,ipati:rn and human use of the area, as well as expected impacts from construction activities on the properly. Discussions with the Colorado Division of Wildlife have not occurred for ;I ', , :,, {„ u1 ++t • ; a. d red to address potential issues renarding Pilkin County Land Use P'.itJ:'C: •:,, , i irc owicur of the nrourrty is oronosu ur tine redc'vetuoment 0. the i " n:' 1,:•..::,t iJ 1 ,;. r:: ,::. ,, ,... ........ ....,,.... 4.careri on the more buiidai.ie rerrain and on ririgvs wnh view of inountains- 'i he fixisc spaeaoy of O h,,;ac� allows for sonic wildhic uuhzation of the area: however morn s;nsuvr wildliir .:;.•:::, :,.,;eh a. ,i �niu r, nu ni un1l.! oai noc ni ilir au.m .nai inny'F'lnwi dlluUc,h the area would be expuca i his area .. .: .: :. n a 192 Yellow Ittick Read Wy4k18WArrermrmt S¢kz erg 2011 level benches. South facing slopes provide more xeric sagebrush and mixed mountain shrub habitats which are heavily utilized by elk during the winter. WILDLIFE USE AND SPECIAL HABITATS ON THE PROPERTY Elk and Mule Deer Elk The Property is not located within any elk Winter Range, Severe Winter Range, Winter Concentration Areas. Winter Range occurs approximately 1 /2 mile to the east of the property. The property is within Sommer Range (Colorado Division of Wildlife 2011). During site visits, it was observed that habitats could provide elk habitat, and some elk may use the area intermittently. Elk use of south facing hillsides could occur during the winter months. Mule Deer The property is not located within any mule deer Winter Range, Severe Winter Range or Winter Concentration Areas mule deer Summer Range, and mule deer Overall Range. Mule deer can be found on and around the property in the non - winter months, but the Property does not contain any mapped or field verified mule deer critical habitat, migration corridors, Severe Winter Range, Winter Range, or Winter Concentration Areas. Deer are known to use the area during the summer months and likely fawn in the general area. Black Bears The Roaring Fork valley and the Snowmass Creek area contains excellent black bear (U1rks aneericanus) habitat and bears are common April through November. Residents in the greater Aspen area experience significant human -bear conflicts and some bears have shown signs of food - conditioning. Once a bear becomes food- or garbage conditioned it has a greater propensity toward human -bear conflicts. The Property lies within a CDOW mapped Black Bear Fall Concentration area, and residmilal areas along Snowmass Creek arc within A Black Bear -human C=onflict Atc'a, llut 6"1 cll, likely occur in the area around the property. This means that there is existing conflicts between humans and bears in the area, and because of the mast (acorn) and berry ptuductiuu in tic area, black Riparian Habitat Wctlaltds and Wakes f tlic :old dui12t3uu etlt tt Clem to support, -Anal that till lcr nortuai iiltiiiitT6idnCti do sq)pA rt, a prevalence. of V(:�1'tA�I1111 ty llt('it lly '.la !'Atli Cl1 11)1 1:1(' in lalflratr ll lull condition, 1 99l t. l�'le t- i,1tt.. l i %:l %I %i.�� ,i \i I1lAill.l:li' i ,l:.l11111 ll t ::t t!111.t \C till t:�.' :�,:<:..a� .:. :•....�- a�.. ta. - I _ .• •. . 'i'hia t >run-u wuuiei hair mswnu,c:un tnuans u> e lk anu cix Hanna:. nr retie ^: e�tu :••..•.. ..• •. °.. exisunv hoincate would have nevliviblc Hnnacts on mule deer. and no direct unnaLts to thc:r ...... ...... . :alai :,; dh,, ih, l0 tn:- n tl,a-- , :<....., - Coll l nrUn ll led aS Tile hone uc is w7thnl a low to :mdct :uc dcu,ur ,uixily Lmou. ' i lic toll'uuclltll: ocriod would increase traffic and activities around the huuicsitc, which would likely all but urccludc ?1 !1 _ CKYNf()UNT%rN Ecol.OGICAI. SERCICF�, INC, n' d V V a...J.._ 1 191 Ydlom Brick RaaA Wi/d6fe I putArnumrn! SepMik 9 2011 most potential mule deer use of the area. Elk use of the area during the winter months would likely continue in the form of movements through the general area. Black bear use of the area would be expected to decline during the construction period due to loud noises, human activities, etc. However, construction sites are somewhat notorious for having edible trash left around, and black bears may end up targeting the site during their scavenging forays during the construction period. (A) WILDLIFE HABITAT MAPS CDOW data and mapping was used to generate the following maps. Field verification occurred in September 2011. ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC 501 West Butte dk T d4fi l wct Arrrrtmcut SoLcmbcr 9. 2011 BOOM i r^ -fl d. r• V ie 21 1 E 1 r V x hpX Legend ELK-summer - Elk Severe Winter Range Elk Winter Concentration Area Elk Winter Range Roco ®r °° ky Sl p�. Sav:as., b.c. E cI 9?0.9i3.9ii8 Elk Hebita[s - Hamman Pmpert} Y 36ov nev nrmirenewnn p.r: Sp¢miw. ]D11 vaa.m «wc com enenau ea -,ncmm Pitt¢n County, ColOCado g L7,139 BOOM V22 501 Wert Buttermilk WitAIE %bat Assesswnt SEDtewkm 9 X011 507 Cei lBmtlermilk lb`71dG, ImDa7 .0 . s N SV be 9 ?U1 00 0323 501 Wut Bunemn1k U'"iWi a ImAaYAssersment SebtemLer 9. 2011 (B) GENERAL PRINCIPLES- Delineation of the Activity Envelope, and the location and design of activities and structures within the Activity Envelope, shall be based on consideration of the 5 principles listed in subsection (1) through (5) below. Implementation of these principles may also include consideration of connectivity between other parcels and the cumulative effect of the proposed activity or development in light of other activity in the area affecting related habitat areas. Development shall be considered in light of: (1) Maintain large, intact areas of native vegetation and habitat area by preventing fragmentation of those patches by development. The proposed redet+elopment ocairs at an existing homesite, and the siting camplres with thirprottapaL (2) Protect rare landscape elements such as locally raze vegetation, unique rock formations, sheltered draws or drainageways, or other features, and guide development towards areas of landscape containing more common elements. The proposed shwixrt location complies with this prrrta9tia4 and no xnrgxe hahriat features ntrxld be mpaeted (3) Maintain connections among wildlife habitats by identifying and protecting corridors for movement. The proposed structure location complies with this prirxipaL (4) Contribute to the regional protection of rare species by protecting their habitat locally. Tim proposed structure location cam &s with this principal (5) Minimize the ccxnbined and cumulative impacts of activities and development on wildlife species, wildlife habitat, wildlife movement, and unique landscape elements. - I his project would add to the cumulative impacts of development in the Shield O area on wildlife and widdlzfe habaai I tutu dogs are kke# tle Lrrbert putenlial vntribxtw to Amapt (Cl GENERAL STANDARDS- it is important that property ow=ners and contractor realtie tncl ;rt'r livnW�r axn rcutg w,inm w id u,c nau,i ai, xnal foal Inctr aca n'Vitr� a.att l IAN c ucgahs'e it pacls to wildltti in dtc area. "Therefore the following mitigations are required by Piddn County Land tlsr Code, or recommended by the author. 1. Mainpulattuu It vcgrta.uuu uutauk ilti .luniiy l.uvciups "1,... 2. Mesh or woven wire fcnecs are prohibited outside the Artiviq Envelope. 1 incl,c:, il l.right abu.e tl;e ground, and 12 inches in width (top vieu) , and shall have at 11 t 'AS I 1 n Iitehv S IWI wcen the I a"er hvo raik barbless type at a maximum height of barbcu)' ohou'd be i,iCatC n . imir - i uiil 1 lira gu.UUd. 42 inches. I hl middle strands stay 1,c 12 ir:<iia, ApAit n'i" r loiit i:♦ {up "I., pi, "I... hr. 5 !,(H ", r''. il'Ah:ro trio" and et dr.a1 gore ' <noc.l choiil,l h, ,rfainrd at thy° rate ut '> ROCKS MOUNTAIN ECOLOG1CAL SLRV ICES, INC n, -.. , 8 VvJ Jt_4 501 Wert Buttermilk Witdtik LxdadArrerrmenJ September 9. 2011 6. In area of high black bear activity, fruit or nut bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre- eidsting native trees and shrubs. 7. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. 8. Trash /garbage shall be kept in an approved bear resistant container or enclosure. 9. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least 10 feet from the ground suspended between 2 trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. a. As this area lies within a humax -hear conflict area, no bird feederr should be used from the end of April through the end of November. 10. Dogs are to be kenneled or kept inside enclosed areas (i.e. fenced yard) while on the property. This dog restraint includes dogs owned by contractors, subcontractors, delivery personnel, employees, owners and their guests. 11. Homeowners should avoid feeding cats and other pets outside their homes, including on decks, to avoid attracting nuisance wildlife or predators. Free roaming cats may become prey for other species. 12. As the property is adjacent /near to elk and deer winter ranges, there will be damage and use of the landscaping by elk. The property owners shall agree to indemnify CDOW from elk damage and not seek funding for game damage reimbursement from CDOW. Owners are prohibited from scaring, chasing, or otherwise causing elk to leave the area in order to protect landscaping and vegetation on the property or within the building envelopes. CD) GENER BUFFER STANDARDS Strictures located near wildlife habitat shall comply with the following standards for maint buffer distances, unless (i) Pitkin county or the Colorado Division of Wildlife Suggests that a different buffer is appropriate due to unusual wildlife factors or due to unique fcatures of the property, and the alternative is approved through the Site Planning process, or (ii) the parcel in question is too small to accommodate the required buffers, in which case thr hnffrrs shall he provided to the maximum extent practicable. (1) Nest /Roost Buffer- The proposed structure is not lorated mar an actin peregrine falcon, osprey, go/rkx eagle, or bald eagk nest or roost site. (2) Intensive T Ter Rnffer 1 he proposed use it not considered an intensin use". (3) Endangered, Threatened, or Rare Speeies- L pan reviewirrq the USPI S list of potentially "mrni q listed .species in Pit fin County, the .structure and property are not located within suitable habitats for any lamed .qlecdes. (4) Important V /aterfnwl and Wading Rird Hahitat Are;:- ('here are no important xrJde fowl and wadinq bird habitat ands on or near the property or proposed structure. Roctcv MOuNT.IIN Ecoi.cx ;w lei. SLiRvicFs, INC 501 U-'en Bxnerwlk IF jAk Lry/ giArresmrent s¢tembn 9 2011 (5) Wildlife Migration Corridors - The proposed structure is not located within any CDOWI mapped migration corridors. However, some elk movement patterns mcy occur thrum gb the grraterpropery area during t& winter months The 'i. mile buffer is not necessary for the proposed strrretnre. (6) Critical Wildlife Habitat, Severe Winter Range, Winter Concentration Area - There is no CDOW mapped critical wildlife habitat, severe winter range or winter concentration areas within '/. mile of the proposed structure. (E) GENERAL LIVESTOCK AND DOMESTIC ANIMALS There is no proposed general livestock use planned for the parcel. (F) ADDITIONAL SPECIES - SPECIFIC STANDARDS (1) Deer, Elk and Bighorn Sheep Winter Concentration Area /Severe Winter Range /Critical Habitat The project is not located within any of these babitat arras (2) Deer, Elk and Bighorn Sheep Winter Range The project is not located within any of these habitat areas. (3) Deer and Elk Migration Patterns /Corridors and Highway Crossings The project is not located within any of these habitat areas. (4) Deer and Elk Production Areas The project is not located witbin any of these habitat area.. (G) TIMING OF CONSTRUCTION (1) Winter Range, Severe Winter Range, and Winter Concentration Areas The project is not located within any of these habitat areas, tbercfon timing reshidions are not necessary. (2) Wildlife Migration Corridors T'he pretest is not located within any of these habitat arras, therefore timing resinchons are not necessary. (3) Wildlife Production Areas The project is not located within any of these habitat areas, therefore timing restiiamns are not mcessary, however, deerfaw wng may occur in the area, and dogs should not be a4kwud to run loose. ADDITIONAL GUIDANCE / RECOMMENDATIONS Birds 1. Pet cats should remain indoors, as cats will readily prey upon sensitive bird species and can have a significant impact on bird use in the area and on bird populations. Bears Blasts bears are very common in the area from spring (April) through fall (late November). 'There are existing problems with bears, garbage, and people in Piddn County and some bears have shown signs of habituation and aggression towards residents. RoCkti NioUNI'AtN ECoux;tau, St ?xVt(:ts, INC 501 Wert Batte9 lk W ildlije Imtmet Arresxm t Se�tmb9 9, 2011 The following measures should be implemented to reduce potential bear problems: 1. There should be no dumps associated with the construction that have food items in them that could attract bears. Bear proof dumpsters should be provided for construction workers. 2. Residential garbage should be placed in bear -proof dumpsters, individual bear -proof trash containers, or kept in trash cans inside closed buildings. 3. Residents should not use a compost pile if they have gardens. 4. Pets should not be fed outside. Bowls of pet food left around buildings will attract bears and other predators (e.g. coyotes or red fox) and nuisance species (e.g. skunks, raccoon, woodrats) of wildlife. 5. Round - handled door knobs should be used instead of leaver -action door handles. Ground floor windows within reach of bears should be kept closed during the summer months, especially at night, to keep bears to entering the home. 6. Homeowners should be educated about bears and other local wildlife via a homeowner's brochure, such as that produced by the CDOW. Mountain Lions Mountain lions may be present year -round near the property. In other areas of Colorado, where subdivisions have encroached upon mountain lion habitat containing high concentrations of prey species, encounters between lions, humans, and their pets and livestock have increased. The following measures should be implemented to minimize lion -human conflicts: 1. Residents and perspective residents should be aware that the area is located in mountain lion habitat. Residents and perspective residents should receive a copy of the CDOW's educational homeowner's brochure explaining what they should be aware of regarding lions, measures they can take to increase their safety and that of their pets, and what to do if a close encounter occurs. 2. With the exception of bird feeders, the feeding baiting, salting, or other means of attracting wildlife will be prohibited on site. Thank you for the opportunity to comment on this property. Please feel free to call if you have any questions regarding this report. d9b�Y SIP <E by 6K 9ee¢nm Eric Petterson T " dlc 30111194911' 11:13 M'N' Eric Petterson Rocky Mountain Ecological Services, Inc. ROCKY MOUNTAIN ECOI GIC I1. SERVICES, INC 10 rn , i (92 yez Eck 1 rLA C (L C7c - 2 c CA ° Ltc l? 7 1 4 4 � M/VS5 CU 6 5 it STS b - v S/JcvwM/rS S � CU � I L 5�/ N AN c-i w X41 rE j Pe 6° k 2- S [G Fq PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on January 23, 2012, the Pitkin County Community Development Director granted approval for the Haman Activity Envelope, Site Plan Review, Scenic/Ridgeline Review, with Vesting (Case P073 -11; Deter. #04- 2012). The property is located at 0192 Yellow Brick Lane and is legally described as a parcel of land situated in the SW '/< of Section 14. Township 9 South, Range 86 West of the 6' P.M. The State Parcel Identification Number for the property is 2645- 143 -00 -018. This site - specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S /Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly on FEBRUARY 2, 2012. PUBLIC NOTICE RE: Haman Activity Envelope, Site Plan Review, Scenic/Ridgeline Review, with Vesting (Case P073 -11) NOTICE IS HEREBY GIVEN that an application has been submitted by Mike Haman (0046 Aspen Village, Aspen, CO 81611) requesting Activity Envelope and Site Plan Review including Scenic/Ridgeline for construction of a single family residence. The property is located at 0192 Yellow Brick Lane and is legally described as a parcel of land situated in the SW '/< of Section 14. Township 9 South, Range 86 West of the 6 1h P.M. The State Parcel Identification Number for the property is 2645 - 143 -00 -018. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920 -5482. Published in the Aspen Times Weekly on November 6, 2011. Attention All Property Owners within 300' of the subject property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by December 6, 2011. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. http: / /www.aspenpitkin.com /Portals /0 /docs/ county /Com %20Dev /Planning /Land Use Applicatio ns /P073_1 l.pdf County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2- 20-100 1, lV' 1 1 H P ("\� P � � ' being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first - class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all owners of property within 300' to the subject property, as indicated on the attached list, on theg4e_ day of VCvr , 2011 (which isq 2 days prior to the public hearing date of 2 6 -) I ) . The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 1 S' day of /CFO J 201, which is at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached hereto. Applicant's name Signature (Attach photograph here) Signed before me this oday of C C {JaQ 201Lby `-IYi Q!elsamon WtINESS MY BAND AND OFFICIAL SEAL My n commission expires: 611_x_ It il ill .11�6 otary Public e & Notary Public's Signature 14 J PUBLIC NOTICE Page 1 of 1 Subj: Haman public notice Date: 10/24/2011 9:18:54 AM. Mountain Daylight Time From: Bon nie.Waechtler(d),co pitkin co us To: Mikemtricityaa aol com Attached is the public notice for the Haman application. Thank you! PUBLIC NOTICE RE: Haman Activity Envelope, Site Plan Review, Scenic/Ridgeline Review, with Vesting (Case P073 -11) NOTICE IS HEREBY GIVEN that an application has been submitted by Mike Haman (0046 Aspen Village, Aspen, CO 81611) requesting Activity Envelope and Site Plan Review including Scenic/Ridgeline for construction of a single family residence. The property is located at 0192 Yellow Brick Lane and is legally described as a parcel of land situated in the SW '/4 of Section 14. Township 9 South, Range 86 West of the 6 d ' P.M. The State Parcel Identification Number for the property is 2645- 143 -00 -018. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920 -5482. Published in the Aspen Times Weekly on November 6, 2011. A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by December 6, 2011. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. http: / /www.aspenpitkin.com/Portals /0 /docs /county /Com% 20Dev /Planning /Land Use Applications /P073 l l.pdf Monday, October 24, 2011 AOL: Mikeratricity 0 PUBLIC NOTICE PUBLIC NOTICE APPLICANT; MIYE /urea GF (.) 2 ()11 PURPOSE: AMIJIrl E „ BATE.__ 517E U•+ a; Ibu. ScBra<� - 5 , 30 - TIME on,gi:,. /euYw,W ?M ✓f.- -Snip; _ ADDRESS: 'ai rFI U.w B eh.`.- PLACE jG G MALJ r,*T COMME NTSIOBjECTIONS: �— PURPOSE • " ` ° ° '" I 'OM^ .. m.a n. o,..m.n _ X92 YEILOW ftRi tgNE - omo.enveMm...nr_,.. ea.. ._ �AS F___ IO ^2011 DATE UEawAfNB -2o II _ fY�ARO oF'AU7uaT'n E,Vr FOR FURTHER INFO CONTACT: ?q0, 'fi F0 hA1T '/A RO TR TQA CK 1/q QI.eN« 47r Ail rqoL ..__ I.INI[I.r Cb� I'S RR 91)INPI] PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and 1'� k Ke' t4h MA'^/ (hereinafter "APPLICANT AGREE AS FOLLOWS: 1. has submitted to COUNTY an application for 1g2 IOLLor -j � luC (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ 43 b t which is based on 11 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director ( "APPLICANT") By: _- 1')I t-i@ AAi A/� Print Name and Title (if applicable) Date: g 'Z te - I I Mailing Address: 'ib A-5t60 vi cLAr �gP -N C- AIto (% /J/ WARRANTY DEED THIS DEED, is dated the 2nd day of September, 2011, and Is made between State Doc Fee- $gX O tat. Robert McAbery (whether one, or more than one), the "Grantor," of the County of Dolores and State of Colorado, and Mike Haman (whether one, or more than one), the "Grantee," whose legal address is 46 Aspen Village, Aspen, Colorado 81611 of the County of Pitkin and State of Colorado WITNESS, that the Grantor, for and in consideration of the sum of ( $217,500.00 ) Two Hundred Seventeen Thousand Five Hundred dollars and Zero cents, the receipt and sufficiency of winch rs hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with Improvements thereon, located in the County ofPitkin and State of Colorado described as follows. See "Exhihu A" attached hereto also known by street and number as! 192 Yellow Brick lane, Snowauss, CO 91654 TOGETHER with all and singular the heseditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, Issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the heneditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and die Grantee's heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns, that at the time of the er sealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, nr fee simple; and has good Light, fill] power and lawful authority to grant, bargain, sell and convey the same in manner and forin as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind m nature soever, except and subject to. Ib General taxes for the year 2011 and subsequent years; and those specific exceptions described by reference to recorded -Zj- documents as reflected in the Tale Documents accepted by Grantees) in accordance with Section 8 1 (Title Review) of the Contract to Bury and Sell Real Estate relating to the above described real property, distribution utility easements (including, cable TF); those spec ifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Section 81 (Matters Not Shown by the Public Records) and Section 8.3 (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property, inclusion of the Property within any special taxing district, the benefits and burdens and of any recm'ded declaration and party wall agreements, if any And the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, but not any adjoining vacated street or alley, of any, In the quiet and peaceable possession of die Grantee and the heirs and assigns of the Grantee, against all and every person or persons claming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above State of Colorado ) ) ss. County of� ) The foregoing mshument was acknowledged before me this ��ad day of September, 2011, by Robert McAbery DRUCILLA DORN Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO / 1 1 \ Notary P)blic 1vi1' CCormaeabn Expkae 04/21!2015 rr¢rrisam expires. RECEPTIONM 582545, 09107/2011 at 12:24:57 PM, 1 OF 2, R $16:00 DF $21.75 Doc Code WD Janice K. Vos Caudill, Pitkin County, CO No 932A Rev 10 -09. Warranty Deed (For Photographic Record) Page 1 oft 1 a-c Z. Z Page 2 of t PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 October 24, 2011 Mike Haman 0046 Aspen Village Aspen, CO 81611 mikemtricity @aol.com Re: Haman Activity Envelope, Site Plan Review, Scenic/Ridgeline Review, with Vesting (PID #2645- 143 -00 -018; Case# P073 -11) Dear Mr. Haman: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300' of the subject property with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by November 6, 2011. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice who wishes to submit comments or objections to the Community Development by 6 day of December, 2011. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 21' day of November, 2011, which is at least fifteen (15) days prior to December 6, 2011. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2 -20 -100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX4 (970) 920 -5439 MEMORANDUM To: Environmental Health and Natural Resources Basalt and Rural Fire Protection Department Colorado Division of Wildlife Shield -O Mesa Homeowners Association FROM: Mike Kraemer, Community Development Department Michael.kraemer(wco.pitkin.co.us Re: McAbrey Activity Envelope, Site Plan Review, Scenic/Ridgeline Review, with Vesting (PID 2645- 143 -00 -018; Case P073 -11) DATE: October 5, 2011 Attached for your review and comments are materials for an application submitted by Robert McAbery. The Pitkin County Community Development Director will review the application. Please return your comments to me by Wednesday, November 16, 2011. http• / /\vww aspennitkin coin/ Portals/ 0/ docs lcountti /C'om ° /Plannin /g Land Use Ap plications /P073 11 app.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie .wacchtler(ri)co.pitkin.co.us or 920 -5109. Thank you. COLORADO PARKS & WILDLIFE 6060 Broadway • Denver, Colorado 80216 Phone (303) 297 -1192 • FAX (303) 291 -7109 wildlife.state.co.us • parks. state. co. us November 4, 2011 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 RE: McAbrey Activity Envelope, Site Plan Dear Mike: The property along Yellow Brick Lane, Shield O Mesa lies within elk winter range. The majority of use is along the slopes that lead down to Snowmass Creek but tracks, trails have been observed consistently throughout Shield O Mesa during the early winter when classification counts are conducted. The property also lies within a black bear fall concentration area and human - conflict area. The mature oakbrush /serviceberry present on site and immediately adjacent the existing structure are important fall forage for black bears. Break -ins and other conflicts have occurred in the immediate vicinity. The report stated that black bear use may decline during construction but also warned of construction dumpsters being an attractant. Black bear use will most likely not decline during construction and past experience and the Aspen black bear study indicate that bears are attracted to construction sites due mainly to noncompliance with the trash ordinance. Homeowners will need to take the extra precautions to minimize conflict. Redevelopment of the site within the already disturbed areas should not have any significant additional impact to wildlife. CPW (Colorado Parks and Wildlife) agrees with the assessment and recommendations outlined in the application by Rocky Mountain Ecological Services. Loose or uncontrolled dogs can have significant negative impacts to wintering big game including direct and indirect mortality, increased stress and disturbance, and displacement from preferred ranges. It is important that all dogs be controlled when building and living within big game winter range. The following recommendations will minimize impacts and human - wildlife conflicts: 1. Implement all applicable measures of 7 -20 -70 LUC, especially as it relates to black bears 2. Implement the new regulation regarding round handled door knobs for all outside doors in order to minimize a bear's ability to gain entry 3. Contractors must keep all edible and food related trash in an approved bear proof container as per the LUC. There has been significant noncompliance (up to 70 %) with this requirement which leads to increased food habituation by bears and increased human-bear conflicts. This needs to be aggressively enforced 4. Contractors not be allowed to bring dogs on site as the Division has had problems with construction worker dogs chasing wildlife. STATE OF COLORADO John W. Hickenlooper, Governor. Mike King, Executive Director, Department of Natural Resources Rick D Cables, Director, Colorado Parks and Wildlife Parks and Wildlife Commission David R. Brougham • Gary Butterworth, Vice - chair. Chris Castilian Dorothea Farris • Tim Glenn, Chair. Allan Jones • Bill Kane • Gaspar Penicone • Jim Pnbyl • John Singletary r 9 Mark Smith, Secretary • Robert Streeter • Lenna Watson. Dean Wingfield (j� C_ Ex OffGo Members Mike King and John Salazar 5. Maintain native vegetation outside building envelope Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright. Sincerely, Perry Will Area Wildlife Manager Cc: R. Velarde, K. Wright, file STATE OF COLORADO John W. Hickenlooper, Governor. Mike King, Executive Director, Department of Natural Resources Rick D. Cables, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: David R. Brougham . Gary Butterworth, Vice -Chair • Chris Castilian Dorothea Faris • Tim Glenn, Chair. Allan Jones • Bill Kane • Gaspar Perricone • Jim Pribyl • John Singletary Mark Smith, Secretary • Robert Streeter. Lenna Watson • Dean Wingfield Ex Officio Members: Mike King and John Salazar MEMORANDUM To: Michael Kraemer, Planning Department From: Carla Ostberg, Environmental Health Department Date: November 18, 2011 Re: McAbrey Activity Envelope, Site Plan Review, Scenic /Ridgeline Review, with Vesting (PID 2645- 143 -00 -018; Case P073 -11) SUMMARY OF RELEVANT PARTS OF APPLICATION The applicant is requesting approval to establish an Activity Envelope and Site Plan to reconstruct/remodel /build additions to a single family home and appurtenant structures. DISCUSSION The Pitkin County Environmental Health Department has reviewed the details of the McAbrey application under the authority of the Pitkin County Land Use Code and the Pitkin County Onsite Wastewater Treatment System (OWTS) Regulation and has the following comments. On November 17, 2011 Michael Kraemer and Carla Ostberg from the Pitkin County Community Development Department conducted a site visit to the property. Mike Haman, the current owner of the property, was also present. - -- WATER SUPPLY The residence is currently served by a private well, permit number 99631. This well is approved "for household use only, for one single family dwelling and not to be used for irrigation. The return flow from the use of this well must be returned to the same stream system in which the well is located." - -- SEWAGE TREATMENT AND COLLECTION: The current residence is served by an OWTS. Pitkin County Health Department Permit Number 78042 documents a system sized to accommodate a 2 bedroom home. According to the as- built drawing, this system consists of a 1000 gallon Copeland concrete tank and 360 square feet of pipe and gravel absorption area. An OWTS Use Permit should have been obtained at the time the property was transferred; however, that did not occur. Apparently, an inspection of the system was completed prior to the sale, but was not reviewed by this department. I was able to look at a copy of the inspection, performed by Jeff Warren, a Licensed Systems Inspector with Roto Rooter, while onsite. The inspection indicated that more investigation would be necessary in order to properly evaluate the system's ability to function. If the addition to the home will not result in more than 2 potential bedrooms, an OWTS Use Permit may be obtained for continued use of the existing N dnn ,oy Paper system. If the proposed addition will result in 3 or more potential bedrooms, a new OWTS or addition to the existing OWTS will be necessary. In this case, an OWTS Construction Permit will be necessary. The County cannot issue a Building Permit until an OWTS Construction Permit or OWTS Use Permit has been obtained. a."o.rs ,y dear PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00031425 Name: Mtricity, Ltd. Project Address: 192 YELLOW BRICK LN Type: check # 5360 Permi Nu mber 0073.2011. PLAN 0073.2011. PLAN 0073.2011. PLAN 0073.2011. P LAN Date:9/9/2011 Fee Description Amount PP- Flat Fee 3,744.00 PP- Clerk Tech Fee 25.00 PP- Public Notice Fee 54.00 PP- EH &NR Referral Fee 542.00 Total: 4,365.00