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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
,•., �-. # :.12729-293-00 016 DATE 5/4/1995 #COPIES: — CASE NO P068 -95 '
' Pock Ma ill
;'G Christmas 1041 Review 9
1424Bobcat Ln Redstone Ranch Acres pr;,
Christmas. Daniel M. AD 49 Lake St C/S /Z: Tupper Lake, W 12 4114:p(`5'1`8 9
,RE, same ADR:l
Erytij� ALLOCATEDHOURS
FIE. FEERCVD 2264
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REF. 5/9/1995 B SW DUE: 7/7411995
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a MTGDAT'E' `.REYBODY PH NOTICED DATE OFFINALACTION: 7/24/1996
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F F No BOCGF4esb: 96 -5 #389829 No
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4"LOSEC7 BY:�� Ho`IIbEsc
ADMIN:;
PAT' KPG) B ',: ,
VF�p �jLOR�?ED 6/18/1996 L {B 39 P99 #393766 ADMININDEX: � ..
�lr?AIDATE_, YREXPI,RES: ;
4$ry ~. 1041 Hazard Review & Qnceptual Su CASE TYP5: - .g
CASE TYPE:
CASE IYP7:
."' >'.•,,` bate.Scanhect ... 911111
4ocad FFBox #196
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1 I
CASELOAD SUMMARY SHEET
PITKIN COUNTY
DATE RECEIVED:
DATE COMPLETE:
STAFF MEMBER:
5/4/95
RM
PROJECT NAME: CHRISTMAS 1041 REVIEW `
Project Address: REDSTONE RANCH ACRES
APPLICANT: DANIEL M. CHRISTMAS
Applicant Address: 49 LAKE ST.
TUPPER LAKE NY 12986 (518) 359 -9771
REPRESENTATIVE: DANIEL M. CHRISTMAS
Representative Address /Phone:
-----------------------------------------------
FEES: PLANNING $ 2264 # APPS RECEIVED 1
ENGINEER $ # PLATS RECEIVED 20
HOUSING $
ENV. HEALTH $
CLERK $
TOTAL $
TYPE OF APPLICATION:
STAFF APPROVAL:
1 STEP: 2 STEP: XX
DRC MEETING DATE
NO
P &Z MEETING DATE
PUBLIC HE YES
BOCC MEETING DATE
PUBLIC HEARING: YES NO
HEARING OFFICER MEETING DATE:
REFERRALS:
✓ Attorney —
Consol S.D.
School District
Engineer
_Aspen
_Rocky Mtn Nat Gas
USFS (Carbondale)
Housing
_Holy Cross
USFS (Aspen)
Aspen Water
_Aspen Fire
_LZ Div. of Wildlife
Basalt Fire
BLM
Z nvir.Hlth.
Zoning .,
Carbondale Fire
Snowmass Village
Land Mgmt.
Airport Mgr.
Di Water Res.
tate Forest Ser.
Risk Manger
_� Caucus —"-
�✓
; to �
Sheriff
CO Geo.Survey
✓ Homeowners
A'h
City P & Z
CDOT
✓ Open Space Board
Building Dept
_Clean Air Board
— other:
Brush Ck Metro Dist_ Other:
DATE REFERRED:
INITIALS:
DATE DUE:
RESOLUTION #:
�(Q'� DATE:
Iii (P
l m
PLAT OR SITE PLAN RECORDED AT BOOK
PAGE(S)
FINAL ROUTING
FILED:
County Attorney
Housing
Open Space Bd.
Other:
Revised 02/08/95
CASE # P68 -95
PARCEL ID# 2729- 293 -00 -018
_County Engineer
Envir. Health
INITIAL: 04
Zoning
Applicant
DATE ROUTED:
ou 0GC1 C4
239829 02/08/96 04� PG 1 OF 6 ♦ REC DOC
SILVIA DAVIS GI, COUNTY CLERK & RECORDEi,, 0.00
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY COLORADO, GRANTING APPROVAL OF THE CHRISTMAS 1041
HAZARD REVIEW AND GENERAL SUBMISSION
Resolution No. 96- -S
RECITALS
1. Mr. Daniel Christmas, hereinafter "Applicant" has applied to the Board of County
Commissioners of Pitkin County, Colorado, hereinafter `Board ", for approval of 1041
Environmental Hazard and General Submission Review for the construction of a single -
family residence.
2. The Applicant's lot is zoned RS -30 and is approximately 36 acres in size.
3. Said lot is located adjacent to the Redstone Ranch Acres Subdivision, south of the
town of Redstone, and is more specifically described in Exhibit A, attached.
4. The Planning and Zoning Commission reviewed this application on October 3,
1995 and found that this proposal complies with the criteria set forth in the Pitkin County
Land Use Code.
5. The Board heard this application at a duly noticed public hearing on January 24,
1996, at which time evidence and testimony was presented with respect to this
application.
6. The Board determined that the proposed development meets the criteria
established in the Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Pitkin County, Colorado, that it does hereby grant approval to the
Christmas 1041 Hazard Review and General Submission application, subject to the
following conditions:
1. Prior to building permit application, the Applicant shall submit a 24" X 36"
mylar 1041 Hazard Review Site Plan which meets the approval of the Community
Development Department and the County Attorney. The Site Plan shall include the
following 1041 Hazard Review Warning and Disclaimer:
"Applicant acknowledges that he /she has been informed by Pitkin County of the
existence of 1041 environmental hazard areas that might affect the property, any
improvements, and the use and occupancy thereof'
a. The building envelope shall be depicted on the Site Plan (see Exhibit B,
attached).
UCC
l9j r2
389829 02/08/96 04:14P PG 3 OF 6
Resolution No. 96-_E_
Page 3
k. Vents shall be screened with corrosive resistant wire mesh 1/4 inch
maximum.
4. The Applicant shall comply with the following wildlife mitigation measures:
a. Dogs are prohibited.
b. All garbage shall be kept in bear -proof containers (American Bear Society
specifications).
C. All fencing shall be 42 ", 4 strand or less, with a 12" kickspace between the
top two strands. Any rail fencing shall be the round type, 3 rail or less with
at least 18" between 2 of the rails.
d. All structures shall be setback from the edge of the bench so they are not
visible from Kline Creek.
5. There shall be no disturbance, including grading and vegetation manipulation,
outside of the building envelope, except for construction of the parking area,
improvements to the access road, and wildfire mitigation measures.
6. Prior to the issuance of an access permit, the Applicant shall submit a road
improvements plan to the County Engineer for approval. The improvements shall raise
the standard of the road, with a minimal amount of environmental damage.
7. The required road improvements shall be completed and approved by the County
Engineer, prior to the issuance of a building permit.
8. Prior to the issuance of a septic permit the Applicant shall submit information to
the Environmental Health Department which documents the location of the well in
relation to the proposed septic system. Quality and quantity of the water supply shall meet
the approval of the Environmental Health Department.
9. Prior to the issuance of a building permit, the Applicant shall obtain a septic
permit from the Environmental Health Department.
10. The Applicant shall obtain a fireplace /woodstove permit from the Environmental
Health Department, prior to the issuance of a building permit, if woodburning devices are
to be installed.
11. The Applicant shall participate in the Redstone Ranch Acres Subdivision Road
Improvements District, as it presently exists. If this District is not functioning at this time,
the Applicant shall join such an improvements district or association, should one be
formed.
fl li d
�� 4
8?$29 02/08/96 04:14P PG 4 OF e
Resolution No. 96- C7
Page 4
12. The primary structure shall be limited to 1200 square feet of above grade floor
area, as defined in the Pitkin County Land Use Code at the time of building permit
issuance. Basement space shall be no greater than the footprint of the primary structure.
The garage and accessory buildings shall be limited to a cumulative total of 750 square
feet of above and/or below grade floor area.
APPROVED AND ADOPTED ON THE 24TH DAY OF JANUARY, 1996
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
B y a --
James R. True, Chairman
ATTEST:
Je tette Jones,
Deputy Clerk and Recorder
APPROVED AS TO FORM:
John y Attorney
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
res_xmas.doc
04:14P PG 5
OF 6
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12L -air •,A„
F o Narr-r.t� seed _ °-cm Ar„a-'_ca. Sec'_ac� e^_ yw�r
_cn, ir�c __ '
. , Jai tar Sec i - a =a ^tai Edges_
:rd Se:., a 3ec!c jcim t teraALS.
A ;areal o: land 2ituatad in the S" of Section. 2 9, and .ha _' cy
the YWh of Section 32, T=Inahip 10 South, 3anga 39 Nest e: th* 3tt
Principal eeridi:n, County o: Pithin, 9 o: Caleradc, being --Ara
particularly dose.-!!:ad As fe12owae
8eginrinq At *-he 3cutheast Canaan o: said x ". ct 3ee�_i^r 3: tye ^.ca
aestarly Alcng %he 9ceth L'aa at said 000,14 7:0 !ae%, me= c lass,
to the car.car -i-e at Sig X1infl Crank; tharca lent arly ale ^� tha carter
line of 3i; i/ine C_aek 1,363 :pet, mo;3 or laea, to the fo lins
ad said 44N' *�; _ anca 1 4astarly Alen; said Ne°h x{
lisp e: aa�d tL3
610 fast, Mora cr 10192, to the 3outhaaat Cc=nar at a tract o_ and
:-afar--ad to as 'tact Na. 6 ar.d, paracularly dascr'_`ad is Warranty
Coed racordad in Seek 306 at Paga all of the ?i kin Ccu:.t7 Y-jecr;LST
thence Horth al-n,; the Sast line of laid Tract 5, {7 {,29 fast to the
Ner_hmas_ Co -ar cf Said Tract 6 rrhica point is ccincidartal rill:
the 3cutheast Cc Of Tract Sr thenca Worth 22.45' {3• Eant 114.30
feet Along the Lastarly lire of said Tract 5 to the Ncrtl east
of said Tract 5 Wh ich ocint is r_incida:tal with the 3c• hreat�Go^ar
at the Scut:
and ad 3cctSt Lana as ast3biishad And dadicatmd in t':a
filing Of Redstcaa Ranch Aarsa Subdiraicn Nc. 3; thenca ;cxth_eatariy
30 fast alcns the Scutte.ly end e: paid_ lane to the Nerthaaatarly
corner thereof; thenca Masrerly 310 feet morn or leas to the carter
of 3iq tLi -a Crae.k; thenca Southerly along the carter 'i.^.■ 31q
E1ina Crank 570 fast, mcra cr la2a; thenca !Icrth 63 Sant 1,005
feet, Mara or leas, to tha East line of the 3N} of said 3ectio X 24;
thenca South plc - g said Saat !I: of Secticn 22, 1,353.5 face t'a
point of beginning.
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AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meeting - January 24, 1996
THRU: Cindy Houben, Community Development Director L �) ot
FROM: Rick Magill, Planner
RE: Christmas 1041 Hazard Review and General Submission
REQUEST: The Applicant is requesting approval of 1041 Hazard Review and General
Submission for the construction of a single - family residence. The subject property contains areas
mapped for wildfire (medium hazard), geologic (slopes in excess of 30 percent), and wildlife
hazards (elk winter range and critical habitat, lies within 1/4 mile of elk production areas, and is
mapped as summer, winter, and overall range for bighorn sheep).
APPLICANT: Dan Christmas
SIZEILOCATION: The property contains approximately 36 acres and is located adjacent to
the Redstone Ranch Acres Subdivision, south of the town of Redstone.
ISSUES: Staff reviewed the site and based on 1041 issues chose an alternate building envelope
to that proposed. At the Planning Commission meeting it was stated that the site identified by
staff was not actually on the Christmas parcel as previously represented. Staff has requested new
survey information to confirm that the proposed building envelope is the only alternative
available. The Planning Commission recommends approval of the proposed building location.
Specific issues associated with the site include the following:
1. Substandard access road
2. Wildlife
3. Geologic hazards
4. Wildfire hazards
RECOMMENDATION: Staff recommends that the Board table the Christmas 1041 Hazard
and General Submission Review until such time as the Applicant can provide additional
information on a possible alternative building site identified by Staff.
NOTE: The Applicant has requested that this application be reviewed on its own merits at this
time. As the Applicant has made travel plans from New York and plans to be at the January 24th
meeting, Staff is willing to present the proposal to the Board and has prepared a draft Resolution,
should the Board determine it appropriate to review the application at this time.
� Q
MEMORANDUM
TO: Board of County Commissioners
Regular Meeting - January 24, 1996
THRU: Cindy Houben, Community Development Director &//
FROM: Rick Magill, Planner
RE: Christmas 1041 Hazard Review and General Submission
REQUEST: The Applicant is requesting approval of 1041 Hazard Review and General
Submission for the construction of a single - family residence. The subject property
contains areas mapped for wildfire (medium hazard), geologic (slopes in excess of 30
percent), and wildlife hazards (elk winter range and critical habitat, lies within 1/4 mile of
elk production areas, and is mapped as summer, winter, and overall range for bighorn
sheep).
APPLICANT: Dan Christmas
SIZE/LOCATION: The property contains approximately 36 acres and is located
adjacent to the Redstone Ranch Acres Subdivision, south of the town of Redstone.
ZONING: RS -30; thirty acre minimum lot size
ACCESS: The subject property is accessed via the Redstone Ranch Acres
Subdivision Road. An existing "primitive" road will be used for access to the proposed
building site. The existing access road currently serves another residence on an adjacent
parcel, approximately 500 to 600 feet beyond the boundary of the subject property.
SITE/PROJECT DESCRIPTION: The subject property is largely defined by
the Kline Creek drainage which runs from south to north. A majority of the property is
comprised of steep, heavily vegetated hillsides with some exposed rocky outcroppings.
There is an existing bench in the northwest portion of the property which is being
proposed as a building site. The Applicant is proposing to build a small "seasonal use"
cabin, not to exceed 1200 square feet in size. The Applicant proposes to improve the
existing access road to create a tum -around and parking area a Rpro x:1m atg1X.50Jr et from
the bW1&n envelope. An "access trail' or footpath will be cleared to access the cabin
site.
REFERRAL AGENCIES: Referral Agency comments are incorporated
throughout this memorandum and are attached for reference as necessary.
MOD
o
1.
County Attorney
2.
Zoning Office
3.
Environmental Health Department
4.
County Engineer
5.
Colorado State Forest Service
6. Carbondale Fire Protection District
7. Sheriffs Office
8. Division of Wildlife
9. Colorado Geological Survey
10. Crystal River Caucus
11. Open Space and Trails Board
The County Attorney , the Sheriffs Office, and the Crystal River Caucus have not
submitted comments on this application.
STAFF COMMENTS:
1041 HAZARD REVIEW
Wildfire: The State Forest Service has rated the site as medium hazard. Vegetation
on the site consists of a mature aspen stand mixed with occasional conifers, with an
understory of grasses, a mix of snowberry and serviceberry, and down dead aspen trees.
Aspen forests of this type do not readily bum, except in very dry conditions. The only
significant risk would occur when the grass and forb layer is cured and still standing.
Under these favorable burning conditions, the relatively steep slopes on this site would
contribute to fire intensity and spread. However, any fire occurring on the site would
probably be limited to a low intensity ground fire, and would probably not spread into the
tree crowns. Kelly Rogers has recommended defensible space and structural design
standards as outlined in Code Section 3 -807 (C) for this project. Mr. Rogers has some
concerns regarding access to the site. The existing road does not meet either CSFS or
NFPA standards for grade or width, and does not provide for dual ingress/egress. In the
event of a major wildland fire in this area, it would be almost impossible for a fire truck
to negotiate this road, especially with residents trying to evacuate. The Carbondale &
Rural Fire Protection District points out that the access to the proposed building site is
winding and steep. Bill Gavette states that emergency access during the drier months does
not pose a problem , yet access to the site during the winter months may be very difficult.
The existing access road contains centerline gradients of approximately 20 percent and is
approximately 12 feet wide in some sections.
Geologic: The property contains areas with slopes over 30 percent. The proposed
building site contains slopes of 12 to 16 percent. The property contains areas mapped for
potential avalanche hazard. Jeff Hynes of the Colorado Geological Survey conducted a
field survey of the subject property and evaluated the general and engineering geology of
the area. Mr. Hynes concluded that the proposed building site will not be adversely
affected by potential geologic hazards.
J
As mentioned above, the existing access road contains centerline gradients of up to 20
percent. The road appears to traverse slopes in excess of 50 percent in some areas. The
County Engineer conducted a field inspection of the existing access road to assess the
options available to the Applicant for improving it to a higher standard. There are two
switchbacks with outside turning radii of approximately 30 feet. The large majority of the
road contains centerline gradients exceeding 15 percent. The County Standard for this
type of road is 12 percent. Due to the topography of the lower portion of the parcel, it will
be very difficult to improve this road to any great degree without extensive environmental
damage. Bud Eylar feels that improving this road to meet County Roadway Standards
may not be a viable alternative in this case and recommends that the Applicant provide a
road improvements plan which includes provisions for improving the road to the
maximum extent possible, without causing significant environmental damage. It is
important to point out that the road currently serves an existing residence beyond the
proposed building site.
Wildlife: The subject property is mapped for elk production area, critical habitat,
and winter range, and is also mapped as summer, winter and overall range for bighorn
sheep. Kevin Wright of the Division of Wildlife (DOW) conducted a site inspection and
concluded that the proposed building site does not lie within elk production area or
critical habitat. Elk production occurs along the ridges and benches to south and west ,
and across Kline Creek to the east. Kevin points out that, prior to the development of the
Redstone Ranch Acres Subdivision, elk may have calved along some of the benches
within the area of the subdivision, yet due to the disturbance associated with residential
development, including dogs, the elk no longer calve in this area. The proposed building
site does lie within elk winter range (although use is minimal) and bighorn sheep
summer,amiwaF and overall range. Most of the sheep usage occurs along the ridges to the
east and south of the building envelope.
Mr. Wright recommends that the cabin not "hang over" the edge of the bench above
Kline Creek. The DOW recommended other typical mitigation measures for this
development. Staff determined that the proposed building site is within 1/4 mile of elk
production area and recommends the prohibition of dogs as a condition of approval.
Building Envelope- The Applicant did not delineate a building envelope on the
submitted site plan, although the intended building site is apparent. Staff recommends
that an envelope be established which complies with the recommendations of the various
referral agencies.
Without the benefit of topographical information for the entire parcel it is difficult for
Staff to identify other acceptable building sites. Staff's site visit with the County Engineer
revealed a small area in the extreme northwest corner of the property, adjacent to the
existing subdivision, that could be considered as an alternate building site. The lower site
appears to contain slopes of approximately 15 to 25 percent and is heavily vegetated. This
site would avoid the steep sections of the access road, as it is located at the base of the
hill, at the end of the Redstone Ranch Acres Subdivision road (Bobcat Lane). Staff
recommended that the Planning and Zoning Commission table their review of the
application until additional topographical data and supplemental referral comments could
be obtained for the alternative site.
Discussions at the Planning and Zoning Commission meeting revealed that the alternative
site referenced above is largely, if not entirely, located on an adjacent property, although
the alternative site appears to be within the property boundaries on the submitted site
plan. Staff has not received updated information to confirm this representation, at this
writing.
The P &Z determined that the Applicant's suggestion to limit the use of the cabin (and
consequently the road) to non - wintertime use was an acceptable solution in this case. The
P &Z also accepted the Applicant's offer to limit the size of the cabin to 1200 square feet
of floor area. The P &Z was comfortable with the Applicant's proposed building site,
provided the road was upgraded to a more acceptable standard
GENERAL SUBMISSION
Drainage and Erosion: Development within the proposed building site poses little
potential for erosion provided that all areas disturbed by construction are revegetated
within the first growing season following completion of the development. The access
road is quite steep in several sections ( up to 20 % centerline gradient) and will require
improvements in order to effectively minimize potential damage from erosion.
Impacts to Roads: This single - family development will have a negligible impact on
the County roads. Staff confirmed that the current owners of the subject property are
members of the Redstone Ranch Acres Subdivision Road Improvements District and, as
a result , the Applicant (assuming transfer of ownership) will be a participant in any
future improvements to the subdivision road.
Scenic Quality: The proposed building site cannot be seen from Highway 133 or
the Redstone Ranch Acres Subdivision. The proposed cabin will be somewhat screened
from the access road by existing vegetation and topography. The turnout/parking area as
proposed is simply an enlargement of the existing roadway to accommodate 2 vehicles.
The possible alternative building site will be visible from several homes in the existing
subdivision, but will not be visible from Highway 133.
Water and Sewer: The Applicant states that the current owner has a well permit
which will be re- issued to the Applicant on or before closing on the sale of the property.
The Applicant also states that water will initially be carried to the site until such time that
a well can be drilled. The Environmental Health Department (EHD) recommends that the
Applicant drill a well and provide documentation of the adequate quantity and quality of
the water supply , prior to the issuance of a septic permit. The well must be drilled to
assure that the setback requirements for the well and septic system can be maintained.
;L
3 2
The Applicant proposes the use of a "pit privy" or other natural composting -type system
for an individual on -site sewage disposal system or an alternative system as
recommended by the EHD. The County septic regulations allow either a vault privy (not a
pit privy as proposed) or a composting toilet in combination with a gray water system.
The EHD also recommends that the chosen system be large enough to accommodate all
of the appliances that are likely to be used in the future. The septic permit will be
required, prior to the issuance of a building permit.
Utility Extensions: The Applicant indicated that there are no utility extensions
proposed for this site. The Applicant proposes to use propane for lights, cooking, and
refrigerator. Solar energy will be utilized for the water pump and eventually for lighting
and appliances. Photographs of the Applicant's seasonal cabin in the Adirondack
Mountains are attached as references to the types of utilities proposed for the subject
property.
Commercial Uses - The Applicant included Proposed Covenants for the subject
property in the application. Although the County does not require covenants for single -
family developments, Staff will review them as a component of this application.
Covenant #4 stipulated that "Commercial uses are prohibited except for: Home
Occupational Guiding uses, Guiding Services, Camp rental or other commercial outdoor
recreational uses." Staff informed the Applicant that any commercial use of the property
would be subject to Special Review. The Applicant explained to Staff that the proposed
commercial uses were included in the Covenants to allow flexibility for possible future
owners of the property. The Applicant does not have any plans to use the property for
commercial purposes and has agreed to withdraw any proposals regarding commercial
use.
SUMMARY: The Colorado State Forest Service , the Carbondale Fire Protection
District and the County Engineer have expressed significant concerns with respect to the
adequacy of the access road. Staff feels that the improvements required to bring this road
to an acceptable standard would necessitate a level of construction that may be
unacceptable given the resulting environmental damage. Staff and the County Engineer
feel do feel, however, that improvements to a somewhat higher standard is possible
without significant environmental impacts.
Staff and the County Engineer felt that the condition of the existing road required that the
lower part of the property should at least be considered as an alternative building site.
Locating the building site in the lower portion of the property would serve to increase the
ability of emergency response personnel and residents to safely access the residence and
would also serve to reduce the impacts to wildlife because of it's proximity to the
existing development.
00J013 5
O Q
Representations made at the P &Z meeting indicate that a large portion, if not all, of the
alternative building site proposed by Staff is, in fact, located on an adjacent parcel.
The Applicant maintains that the alternative site is not acceptable for several reasons,
including the potential visual impacts on adjacent residences. The Applicant may not be
able to provide updated survey information in time for the BOCC meeting. Staff's site
investigation confirms that there are no other acceptable building sites on this parcel, due
to steep slopes and wildlife hazards, other than that proposed by the Applicant and the
alternate site identified by Staff.. Staff is willing to recommend approval of the proposed
building site pro ided that the alternate site can be documented to be outside of the
subject propertt. The Planning and Zoning Commission recommended approval of the
proposed building envelope, based on the Applicant's commitment to prohibit winter use
of the cabin wd d it the size of the structure to 1200 square feet. , uA�
f ,
The Applicant's willingness to prohibit the use of the cabin in the winter is
commendable, yet this may be difficult, if not impossible, to enforce. However, the
Applicant's offer to limit the size of the cabin contributes to the low- impact nature of the
development. The issue is further complicated by the existence of what seems to be a
year -round residence beyond the proposed cabin site, t the end of the road.
�kV
RECOMMENDATION: Staff recommends that the Board of County Commissioners
table this action until such time as the Applicant can provide additional information on
the alternative building identified by Staff.
ATTACHMENTS:
1. Zoning Office memo
2. Division of Wildlife comments
3. State Forest Service comments
4. Colorado Geological Survey comments
5. County Engineer comments
6. Environmental Health Department memo
7. Carbondale Fire Protection District comments
8. proposed restrictive covenants
9. photos of Adirondack cabin
00014
M E M O R A N D U M
TO: Rick Magill, Planning
FROM: Joanna S. Schaffner, Zoning Officer
DATE: July 3, 1995
RE: Christmas 1041 Hazard Review and General Submission
Parcel ID# 2729-293 -00 -018
I have reviewed the above referenced application and offer the
following comments.
ZONE: RS -30, thirty acre minimum lot size.
This parcel contains approximately 36 acres and is conforming in
size.
SETBACKS: The required setbacks for this parcel are:
100 foot front yard setback
50 foot side yard setback
50 foot rear yard setback
20 foot minimum stream setback
The proposed building envelope lies
setbacks.
outside of all required
FLOOR AREA: This parcel is allowed 15,000 square feet of
residential floor area. Agricultural structures are not included
in the calculation of floor area. The applicant is proposing a
structure for seasonal use "not to exceed 1200 square feet of
ground space". This does not appear to represent floor area. Does
the applicant mean a 1200 square foot footprint?
HEIGHT: Plans have not been submitted to determine compliance with
County height regulations.
USE: The applicant proposes covenants to restrict the site for
residential and recreational use only. The applicant states that
"Commercial uses are prohibited except for: Home Occupational
Guiding uses, Guiding Services, Camp rental or other commercial
outdoor recreational uses. These are not allowed uses for the
RS -30 zone district. Specifically, Camp rental and commercial
outdoor recreational uses require special review, Guiding Services
are not a listed use and I don't know what Home Occupational
Guiding uses are.
The applicant has not submitted sufficient information for the
requested recreational uses to be reviewed pursuant to Section �7
3 -20, Special Review. The requested uses should not be
as / art of this 1041 /General application4a1 /r%
d �S/Gl/1i9TNS ; ,�J� /1S/f �•S /� /'=d �', ti C
OTHER: How /where is acdess to the bui lding envelope proposed? An
approved alignment should be indicated on the recorded plat.
STATE OF COLORADO
Roy Romer, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
Perry D. Olson, Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297 -1192
5 -12 -95
Pitkin County Planning
130 S. Galena
Aspen, CO 81611
Dear Rick:
REFER TO
For Wildlife -
For People
I refer you to my 2 -5 -95 letter to you regarding the wildlife
review for Dan Christmas' lot in Redstone Ranch Acres. I have
attached a copy for your convienience. The current proposal has
not changed since I reviewed his proposal for him earlier this
year.I have 2 additional comments:
1. No dogs be allowed during construction of the cabin as
construction workers tend not to monitor their dogs and the
dogs run loose and may chase wildlife
2. Any commercial guide services if they extend onto
National Forest for the purposes of big game hunting would
need to be permitted through the U.S. Forest Service.
Thank you for the opportunity to comment.
questions, please give me a call.
Since ely,
K vin Wh
District Wife Manager
If you have any
."
Mq y 161995 t
I:.i U U b
DEPARTMENT OF NATURAL RESOURCES, Kenneth Salazar, Executive Director
WILDLIFE COMMISSION, William R. Hegberg, Member • Eldon W. Cooper, Chairman • Felix Chavez, Member • Rebecca L. Frank, Member
Louis F. Swift, Member • George VanDenBerg, Member • Larry M. Wright, Member • Thomas M. Eve, Member
LIM
STATE OF COLORADO
Roy Romer, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
Perry D. Olson, Director
606 Broadway
Denver, Colorado 80216
Telephone: (303) 297 -1192
2 -5 -95
Pitkin County Planning
130 S. Galena
Aspen, CO 81641
Dear Rick:
REFER TO
b r
A
v - ��o
'i For Wildlife -
�' For People
Daniel Christmas' lot in Redstone Ranch Acres along Bobcat Lane
lies within an area currently mapped as an elk production area,
critical habitat, and winter range. Upon site inspection of the
lot and proposed cabin site the site does not lie within an elk
production area or critical habitat. The proposed site lies
within a narrow band of aspen /spruce -fir between a steep drop to
Kline Creek and the subdivision road. Calving on this site is
unlikely. Elk production occurs along the ridge and benches to
the south and west and across Kline creek to the east. Prior to
the subdivision being built elk may have calved along some of the
benches within the subdivision; but due to the homesites,
disturbance, and dogs elk no longer calve in this area of the
subdivison.
The cabin site as currently proposed and flagged does lie within
elk winter range, although use is minimal, and bighorn sheep
summer and overal range. Most sheep usage if any occurs along
the ridges to the east and south of the building envelope. The
proposed site is immediately adjacent to an already existing home
to the south and will clump disturbances.
Impacts to wildlife should be minimal as currently proposed and
with the following recommendations:
1. Maintain applicant's commitments and intentions as
outlined in his 10 -6 -94 proposal to you (I- VIII).
2. Maintain native vegetation outside building envelope;
thinning as outlined in his letter section V. is O.K. as
long as some snags (5 /acre) are maintained for cavity
nesting and snag dependent species
3. No dogs; if dogs are allowed, limit to 1 dog with a
kennel restriction and kennel be constructed before C.O. is
issued
4. All garbage be kept in approved bear proof garbage
containers (American Bear Society specs)
DEPARTMENT OF NATURAL RESOURCES, James S. Lochhead, Executive Director
WILDLIFE COMMISSION, Thomas M. Eve, Chairman • Louis F. Swift, Vice - Chairman • Arnold Salazar, Secretary
Jesse Langston Boyd, Jr., Member • Eldon W. Cooper, Member • Rebecca L. Frank, Member
William R. Hegberg, Member • Mark LeValley, Member
vu:J,_
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5. All fencing be 42 4 strand or less with a 12"
kickspace between the top 2 strands. Any rail fencing be
the round type 3 rail or less with at least 18" between 2 of
the rails
6. Cabin should not "hang over" the edge of the bench
overlooking into Kline Creek
If you have
Since ely,
Kevin Wr'
District' Wd
any questions
Manager
please give me a call.
cc:Daniel Christmas
_U
STATE O F COLORADO
COLORADO GEOLOGICAL SURVEY
Division of Minerals and Geology
Department of Natural Resources
1313 Sherman Street, Room 715
Denver, Colorado 80203
Phone (303) 866 -2611
FAX (303) 866 -2461
July 20, 1995
Mr. Rick Magill
Aspen /Pitkin Planning Office
130 South Galena St.
Aspen, CO 81611
Dear Mr. Magill:
Re: Christmas 1041 Review
r - .gut. z M5
PI -95 -0019
DEPARTMENT OF
NATURAL
RESOURCES
Rov Romer
Governor
lames S Lochhead
E,ecun,e Duector
nLChae18 Long
Drv'tmn Duector
Vic A, Co,, art
Stale Geologita
and Dvertor
We have reviewed the supporting materials submitted on the above referenced site,
conducted a field inspection of the parcel and evaluated the general and
engineering geology of the area.
The proposed cabin site is not adversely affected by potential geologic hazards
and should perform well under the intended use.
One correction needs to be made in the covenants /restrictions Mr. Christmas has
offered: The slope restriction should be 30 percent not 30 decrees.
Given this one minor change, we have no objection to the approval of this
building permit.
Yours very truly,
Jeffrey L. yn
Senior Engineering Geologist
JE :9• \ldt
MEMORANDUM
To: Rick Magill, Planning Office
From: Lee Cassin, Assistant Environmental Health Director f
Date: August 29,1995
Re: Christmas 1041 Hazard Review & General Submission
Parcel ID # 2729 - 293 -00 -018
The Aspen / Pitkin Environmental Health Department has reviewed the details of the
Christmas 1041 application under the authority of the Pitkin County Land Use Code
and has the following comments. This application presents some difficulty for this
office, because we would like to encourage a low- impact use such as proposed in this
application. However, the home will be in the town of Redstone, where at some times in
the building's life, it will undoubtedly be used as a full -time residence. Our comments
will try to address both types of use.
ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2 -17 and 3 -1104:
"It is the policy of the County to unsure the availability of a water supply of adequate quality, quantity, pressure and dependability
for fire protection and support of a proposed land use prior to approval of the use. The County shall requ re land uses to hook up
to existing public systems if service is available."
If the town of Redstone's water system supply lines are close enough, the county policy
may require connection to this system. However, the applicant proposes to drill a well,
which is likely to provide adequate water for this use. We would like to see the well
drilled before the building permit is issued: although a minim water -use home
would be desirable from the point of view of water conservation, we would be
concerned if the lot and house were sold and a new owner had inadequate water. For
this reason, we would recommend the well be drilled before the building permit is
issued.
We will need information on the quantity and the quality of the water once the well is
drilled. The quantity can be determined from the well driller's report. The applicant
must ensure that the water quality is acceptable by having it tested by a lab such as the
Snowmass Water and Sanitation District or Aspen Consolidated Sanitation District.
Before a septic permit can be issued, the well must be drilled to assure that setback
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requirements from the well to the septic system can be maintained. The Pitkin County
Land Use Code requires that the well site be within the building envelope. If the
building envelope is only 100 ft wide and 270 ft long, this may be a problem, since the
well must be 100 ft from the septic system and the septic system must be some distance
from the house and property lines. A typical size for a system if the perc rate is good,
would be 30 ft by 30 ft - which means if the leach field is 10 ft from the property line and
20 ft from the house and 100 ft from the well, the septic system, house, and well could
not be lined up along the narrow dimension of the lot. The house would have to be at
least 60 ft from the property line on the side with the septic system, and the well would
have to be at least 40 ft from this "far' side of the house. These features can be fitted
into such a site, but care will have to be taken in their placement.
It is certainly recommended that low water landscaping (xeriscaping) or no landscaping
be used. The Colorado State University Cooperative Extension office can be contacted
for more information on xeriscaping.
A condition of approval for this application is the receipt of information
documenting that the location of the well(s) meet setback requirements and
can be placed within the building envelope and that quantity/quality of the
well water are adequate. Without meeting these requirements a septic permit
and building permit should not be issued.
SEWAGE TREATMENT AND COLLECTION: Sections 2 -18 and 3- 1105: "It is the polic of the
County to ensure that adequate sewage treatment facilities are available to serve existing and new developments. Public and
private sewage disposal systems and connections to such systems shall comply with the sewage disposal guidelines of Pitldn
County's Individual Sewage Disposal System Regulation."
Please see the above comments about possible difficulties in placing components of the
septic system in the building envelope. For a seasonal use cabin such as the one
proposed, the county septic regulations allow either a vault privy (not a pit privy as
proposed) or a composting toilet, in combination with a gray water system that would
be smaller than if all the house's wastes go into a septic system. This will make it easier
to fit the system into the building envelope. We recommend the system be large enough
to accommodate all of the appliances that are likely to be used in the future.
The Aspen/Pitkin Environmental Health Department will design the system for the
applicant as part of the permit fee (unless an engineered system is required). We will
do a site visit, advise the applicant about the best location for the system and provide a
system design. We will determine if an engineered system is needed based on soil test
results (if any one of the following occurs: a percolation rate faster than 5 mpi or slower
than 60 mpi; maximum seasonal level of the groundwater table or bedrock less than
four feet below the bottom of the proposed absorption system; or a slope in excess of
P. d.. a ydd P.,.
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30 %). Prior to initiating any tests or studies at the site, the applicant should contact this
office in order to avoid unnecessary tests.
The area for the leach field should be located in an area of no traffic, planted with dry
land grass, and should not be watered. It is desirable to locate the system below the
house so that the system can operate by gravity. The applicant should call our office to
discuss this site.
A condition of approval for this application is the receipt and approval of the
septic permit by the Environmental Health Department before a building
permit can be issued.
WATER QUALITY IMPACTS: Sections 2 -14 and 3 -705 and 3 -710:
"It is the policy of the County to preserve and protect its present water resources. To this end it is the policy of the County that no
land use be initiated which would adversely affect the quantity, quality, or accessibility of the County's water resources; or which
would occur at the expense of established water- dependent agricultural activities; or which would result in increased saliruzation
of water resources, loss of minimum stream flows, further destruction of wildlife habitat, or major expenditures to reacquire or
redistribute major water resources. It is also the policy of the County to maintain a natural vegetative buffer along its surface
waters such that the surface and groundwaters of the area are not encroached upon by land uses or other human activities which
could cause deterioration of water quality or impair the natural treatment processes provided by meadows and wetlands."
The Environmental Health Department will be addressing water quality impacts on
down stream water quality. This application is not expected to impact down stream
water quality if the minimum horizontal distances between components of the system
and physical features are in accordance with the Pitkin County Sewage Regulations.
There is no condition of approval for this section.
AIR QUALITY: Sections 2 -13 and 3 -602:
"Only that development is permitted which will not contribute significantly to degradation of air quality in Pitkin County.
Developments may not constitute an indirect or direct air pollution source under Federal, State or County regulations."
This project is not expected to contribute significantly to degradation of air quality in
Pitkin County. We commend the applicant for the low- energy -use nature of the
proposed home. However, we strongly urge the applicant to use solar energy from the
start for lighting especially, and for appliances where possible. It makes no sense from a
point of view of air pollution to use propane for lights instead of solar lights, especially
at this high altitude location where sunlight is so intense.
The applicant must file a fireplace /woodstove permit with the Environmental Health
Department before the building permit will be issued. The less densely populated parts
of the county like the Redstone area may have two devices per building: a maximum of
R+ —R,d, dPepe,
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one wood burning fireplace and a second device which can be either a gas log fireplace
or a certified woodstove. In addition, unlimited numbers of decorative gas appliances
are allowed. Coal may not be burned in �ny device. No wood burning device may be
installed in barns or agricultural buildings.
A condition of approval for this application is the receipt and approval of the
fireplace/woodstove permit by the Environmental Health Department before
the building permit can be issued. The applicant can minimize air pollution by
use of solar lighting and other appliances where feasible.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2 -7:
"It is the policy of the County to ensure that no use or development of land is permitted
which is in violation of the laws of the County, the State of Colorado, or the United
States of America."
This Department is not aware of any issues of concern regarding other environmental
health laws.
1 • r�
� S �Ip
i
June 12, 1995
Rick Magill
Aspen / Pitkin Community Development
130 South Galena Street
Aspen, CO 81611
Re: Christmas 1041 wildfire Hazard Review
Rick,
FOREST
SERVICE
Stare Services Building
222 S. 6th Street, Room 416
Grand ]unttion, Colorado 81501
Telephone (303) 248 -7325
I have reviewed the Application for 1041 Hazard Review submitted by Daniel
Christmas, and visited the proposed building site on June 8th. I have the
following comments in regard to wildfire hazard.
The building site is rated as medium hazard. Vegetation on the site consists
of a mature aspen stand mixed with occasional conifers. Understory vegetation
is composed of grasses, a mix of snowberry and serviceberry brush, and down
dead aspen trees. The slope of the building envelope is about 15°s, although
most of the surrounding area is much steeper.
Aspen forests of this type do not readily burn, except under very dry
conditions. The only significant risk would occur when the grass and forb
layer is cured and still standing, such as in late September or early October.
Under these favorable burning conditions, the relatively steep slopes on this
site would contribute to fire intensity and spread. However, any fire
occurring on this site would probably be limited to a low intensity ground
fire, and would probably not spread into the tree crowns. The defensible space
and structural design standards as outlined in Pitkin County Code section 3-
807, C, should be adequate to mitigate fire hazard on this proposal.
I do have some concerns regarding access to this site. The existing road does
not meet either CSFS or NFPA standards for grade or width, and does not
provide for dual ingress /egress. In the event of a major wildland fire in this
area, it would be almost impossible for a fire truck to negotiate this road,
especially with residents trying to evacuate. It is therefore even more
important that prospective residents know and understand the risks associated
with developing this site, and that the defensible space and structural design
measures as outlined in the land use code be implemented.
Please contact me if you have questions about these comments.
Sincerely,
=11y Rogers
st. District Forester
Steve Crockett
- )aniel Christmas
on Leach
MESSAGE DISPLAY
TO Rick Magill CC Bud
CC PCSKB
From: Bud Eylar
Postmark: Sep 28,95 11:33 AM
Subject: Christmas 1041
------------------------------------------------ ---------------- --- ---- - - - - - --
Message:
Rick, My comments from yesterdays site visit: 1) The road (Bobcat
Lane) as presently configured does not meet county standards. There
are sections of grades substantially over 12% and curves with 20 -30
foot radii. I feel this would be unacceptable for emergency access,
especially in the winter months. To bring the road into compliance
would be very costly and would cause substantial visual and
environmental damage. A building env. lower on the site would be
preferable. If the road is used a drainabe plan should be submitted
and a widening for emergency pull off should be made. Bud
�J
CM
Carbondale & Rural Fire Protection District
300 Meadowood Dr.
Carbondale, Colorado 81623
Phone (970) 963 -2491
FAX (970) 963 -0569
May 22, 1995
Rick Magill
Aspen/Pitkin County Community Development
130 S. Galena Street
Aspen, Colorado 81611
RE: Christmas 1041 Hazard Review & General Submission
Rick,
I have reviewed the application for the Christmas 1041 hazard review and have visited the
site. I would offer the following comments regarding fire protection for the property.
Access to the proposed site via the existing road is winding and quite steep. This does not
present a problem during the drier months however during the winter months access to the
site may be very difficult.
Water supply for fire protection would be limited to water carried on fire apparatus.
Response time to the property is approximately 10 -15 minutes with first response coming
from the Redstone station.
If you have any questions, feel free to contact me at 963 -2491.
Singrely,
Bill Gavette, Fire Marshall
Carbondale & Rural Fire Protection District
d
ATTACHMENT H
Proposed Covenants For Redstone Property
Being Purchased by Daniel M. Christmas
Submitted January 9, 1995
(1) Construction of a principle family dwelling and/or accessory building shall be
limited to the proposed building envelope or other level areas as depicted on the survey
map for the site.
(2) No construction shall occur within 1 W of a stream or any slopes greater than
30 degrees.
(3) This property shall be limited to one single family residence with no more than
1200 square feet of ground floor space. Ground floor space is further defined as the "foot
print" of the building.
(4) 'This site is created for residential and recreational use only. Commercial uses
are prohibited except for: I Iotne Occupational Guiding uses, Guiding Services, Camp
rental or other commercial outdoor recreational uses.
(5) Further subdivision of this 36 acre parcel is prohibited.
(6) No cutting of more than 30 96 of trees greater than 6" dbh on slopes exceeding
30 degrees and/or within 100' of Kline Creek and/or within 100' of the national forest
boundary, excluding dead, diseased or dying trees. Cutting restrictions do not apply in the
case of fire prevention or protection.
(7) The burying or dumping of garbage, junk, trash, oil, petroleum or other liquid
or solid waste on any lot is strictly prohibited.
(8) Any new utilities must be constructed underground except when conditions
such as ledge or wetlands will cause undue economic hardship for the lot owner.
(9) The access road shall be maintained for seasonal use (two wheel drive
vehicular access). The lot owner assumes all responsibility for further road maintenance.
Widening of the road base, cutting of trees and additional excavation will be Whited so as
to prevent additional scarring of the landscape and allow suitable access to the properly.
(10) The Grantor reserves to itself the right to vary or modify the aforesaid
covenants, restrictions and easements, in cases of hardship or practical difficulty where the
basic intent and purposes of said covenants, restrictions and easements would not be
violated, subject to approval by the Pitkin County Planning Office.
ATTACHMENT D &HOTOGRAPHS OF ALTERNATIVFVERGY SYSTEM
PHOTO SHOWING:
-- "immediate fire" propane hot
water heater and water
pressure tank.
INTERIOR OF CABIN:
-- photo shows deep cell battery
to store solar generated energy,
breakers and switch over box
for a generator - also note
propane light, top of photo.
PHOTO SHOWING:
-- solar panel and propane
storage tanks (rear of cabin)
FRONT VIEW OF CABIN:
-- with solar panel on left
000029
PROPOSAL
Property Information
(A) Size and Location The subject property consists of approximately 36
acres along Bobcat Lane, as shown in Attachment A, in the town of Redstone.
The property borders national forest along its easterly boundary line. A general
location map has been provided as Attachment B.
(B) Topography The slopes on a majority of the site are somewhat steep
and severe, however, at the building site and in an area approximately 100' x 279,
a good, level "building envelope" exists. In addition, at the foot of the steepest
slope site exists a small stream called Kline Creek. No construction or
disturbance along the creek or its basin is proposed.
II. On Site Construction
(A) Applicant wishes to construct a small "seasonal use cabin" on a level
portion of the site as depicted on the map affixed hereto as Attachment A.
Proposed cabin shall not exceed 1200 square feet and shall be constructed of
natural materials using earth tone colors so as to blend in naturally with the
surrounding landscape.
III. Limits on Development
(A) Applicant proposes deed covenants (or restrictions) limiting this
property to seasonal use occupancy, no resubdivision and other additional limits
on development. (See Covenants, Attachment E)
IV. Access:
(A) In addition to the construction of a seasonal use cabin, the applicant
proposes to repair the existing road where necessary, providing proper road
crown and ditching and placement of one 12" culvert at a curve in the road so as
to provide proper drainage, thus preventing washouts. Applicant plans to only
improve the lower portion of said road as it accesses the site creating a driveway
and turnaround approximately 50' from the building envelope. At the point in
which a suitable turnaround can be constructed, an "access trail" or footpath to the
cabin site will be cleared. An access road currently exists into and through this
site to another seasonal use cabin on an adjoining parcel of land 500 -600' beyond
the boundary of the subject property.
V. Cutting & Clearing of Vegetation.
(A) The applicant proposes to clear an area within the building envelope
suitable for a 1200 square foot cabin and otherwise limit vegetative cutting to no
more than 30% of the trees greater than 6" DBH in any 10 year period. This limit
excludes dead, diseased or dying trees.
VI. Sewage Treatment:
(A) Applicant proposes use of a pit privy or other natural composting type
system for an individual, on -site sewage disposal system or an alternative system
as recommended by the Pitkin County Planning Department. A simple series of
absorption trenches will be installed for grey water disposal.
VII. Water Source
(A) According to Mason and Morse Real Estate, the current owner has a
well permit which will be reissued to the applicant on or before closing. Initially,
applicant proposes to carry water to the site until such a time that a well may be
drilled.
VIII. Utilities
(A) No utilities are proposed by the applicant for this site. The applicant
plans to use propane for lights, cooking, and refrigerator and solar energy for the
water pump and eventually for lighting and appliances. See Attachment D -
photographs of applicants seasonal use cabin in the Adirondack Mountains, in
northern New York State.
IX. Hazardous Areas:
(A) Flood Plain There is no flood plain hazard within the project site.
(B) Geological : There are some steep areas which have been mapped as
having potential erosion and /or avalanche potential, however, none of the
mapped areas overlap the building envelope or the access route into the site.
(C) Rock Fall Site There are no rock fall zones in close proximity which
would impact the project site.
(D) Historic and Archaeological Resources There are none mapped near
to or within the project site.
J`0 L] 0 11
I...
(E) Wildfire Areas According to Pitkin County overlay maps there are
some wildfire areas around the project site. None seem to be severe and impact
to the building area would be minimal.
(F) Wildlife Habitat Areas The resource overlays for wildlife show Elk
reproduction area around and within the project site which if accurate would have
a great impact on the ability to develop or build within the project site. After
walking the property there were questions as to the accuracy of the maps for the
area in and around the building envelope. A biologist from the Colorado
Department of Wildlife was asked to do a site specific field inspection to determine
if the project was in fact within the Elk reproduction area. Upon completion of his
site visit in late October 1994, he determined that site was not in this Hazard area
and thus informed the Pitkin County Planning office. As a result of these findings
the project is not within a Wildlife Habitat area which would fall under a "Hazard
Area ".
X. Compatibility
(A) From inspection of adjoining lands, it appears that the applicant's
proposal is suitable for the character of the site. Given the remote and scenic
nature of the area, a seasonal use cabin is a good choice to limit overall
environmental impact of the site. Please note the existing cabin adjacent to the
project site is very similar and seems to fit the character of the area as well.
f
00��� fv
130 S. Galena BUILDING PERMIT APPLICA� General
Aspen, CO 81611 ASPEN REGIONAL BUILDING DEPARTMENT Construction
303/920 -5440 Permit
920 -5448 Inspection line PITKIN COUNTY X CITY OF ASPEN ❑
A licant to complete numbered Spaces only ND.
PP
JOB ADDRESS
1. 6o'_- Colo
BD
LEGAL LOT NO
2. DESC
BLOCK
TRACTOR SUBDIVISION D I XSEE ATTACHED SHEET)
S RA--• R4aC u 1
CO_
DE
OWNER MAILADDRESS ZIP PHON
y2
CONTRACTOR y MAILADDRESS PHONE LICENSE NO
4. Q+I I $isr - 3S"i -577
S
FD
i FN
MH
ARCHITECT OR DESIGNER MAILADDRESS PHONE LICENSE NO )
5. IJ l A
MS
6. ENGINEER MAILADDRESS PHONE LICENSE NO
RF
SQUARE FOOTAGE
ZONING FEE CENSUSCODE
CLASS OF WORK
7. X NEW ❑ ADDITION ❑ ALTERATION REPAIR ❑
$. 1600
USE OF BUILDING
9 . �"So ..� Uj' L
PLAN CHECK FEE
PERMIT FEE
3 ST. USE TAX DEP
VALUATIOYF WORK T
Tyw
OttuOancy Group Lot
Area
10. $ ( — X0 0 0
�O3
11. Is therg food service in this building X YES Z NO
Size o1 Buildmg
(TotalSquars
No of Sidnes 0.
Load
12. is LPG Used? %YES ❑ NO
NO OF BEDROOMS
Use Zone
Fire Spnnxlers Regmrcd' ❑Vm GNo
AarmS tem ReQUireE >DVe ON.
13. Remarks �e` (� arm �E���✓"
EXISTING
ADDED
No of Dwelhnq Urals
OFFSTREET PARKING SPACES
Covered
Umovereb
4 tl
SPECIAL APPROVALS REQUIRED
AUTHORIZED BY
DATE
ZONING
HPC
PARK DEDICATION
ENVIRO HEALTH
PRESUBMITTAL
APPLICATION ACCEPTED
PLANS CHECKED
APPROVED FOR ISSUANCE
ENGINEERING
gy
6Y
g•
BY
PARKS
HOUSING
DATE
DATE
DATE
DATE
PLANNING
NOTICE
SEPARATE PERMITS ARE REOUIFEC FOR ELECTRICAL, PLUMBING
HEATING, VENTILATING ORAIR CCNDITIONING
FIRE MARSHAL
WATER TAP
OTHER
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION
AUTHORIZED IS NOT COMMENCED WITHIN 120/180 DAYS, OR IF CON-
STRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD
OF 120/180 DAYS AT ANYTIME AFTER WORK IS COMMENCED.
PAYMENT OF PITKIN COUNTY USE TAX
J MONTHLY OR QUARTERLY RETURNS WILL BE SUBMITTED.
I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION
AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF
❑ DEPOSIT METHOD 3.5 r/6 OF 25% OF THE PERMIT VALUATION PAID
AT ISSUANCE. A FINAL REPORT ON TOTAL ACTUAL COST MUST
LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COM-
PLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A
PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CAN-
CEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING
BE FILED WITH IN 90 DAYS OF SUBSTANTIAL COMPLETION OF
WORK AND/ OR ISSUANCE OF THE CERTIFICATE OF OCCUPANCY.
❑ EXEMPT. EXEMPT ORGANIZATION
COIp�\B\T\g1AUCT OR THE PERFORMANCE OF CONSTRUCTION- p L�
F�7!\ r \• ° I � I \ I
O RESALE STATE 8 PITKIN COUNTRY RESALE NO.
ANYONE WHO USES AND / OR CONSUMES BUILDING MATERIALS AND FIXTURES IN
PITKIN COUNTY IS SUBJ ECT TO THE 3.5% USE TAX.
,�
SIGNATURE OF CONTRACTOR OR AUTHORIZE AGENT (CAE)
PROPERTY LIENS MAY BE PLACED ON THE OWNER'S AND /OR THE CON -
TRACTOR'S PROPERTY WHEN USE TAX IS NOT PAID
sIGNAmRE OF OWNER nF OWNER RUaDERI (DATE)
THIS FORM IS A PERMIT GNLI WHEAL JALIDATED
WORK STARTED WITH OUT PERMIT WILL Be DOUBLE FEE
Plan Check Validation Zoning Validation Permit Validation 3.5 % Use Tax Deposit Validation
i
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WHITE -FILE COPY CANARY- APPLICANT PINK- BUILDING DEPARTMENT GOLD- ASSESSOR
ATTACHMENT A
a ` 1' P , Site Plan Map
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TggCT QC. EGI FG.S
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ATTACHMENT B
General Location Map
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ATTACHMENT C - LIST OF ADJOINING LAND OWNERS
U.S Forest Service
606 Hallam or
Aspen, CO 81611
Randy Boik
201 Raintree Trail
St. Augustine, FLA 32086
U.S. Forest Service
620 Main St.
Carbondale, CO 81623
Robert & Betsy Wedemeyer
361 Bison Lane
Carbondale, CO 81623
James & Joy Ziegler
725 Vine
Denvor, CO. 80209
Dr. Edward James Bertagnolli
3081 Oak Street
Lakewood, CO. 80215
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7NN 13 '45 174:�5F� 'IT!IN
COIJNT'� GOVT,
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Tuts DEro, glade this do of ,
believers AMERICAN SOCIETY FOR FIIVIRONME-NTA EDU-
! 111C., a non - profit corporation of the
hate of Iichigan,
•reeporatloadel =o saved
and axfat!rg unit" and by vb1ue of the IAwa of the State of Ifie
of the tint Tort, and
TALTER E. BECK and SOPHIE G. BECK whose address
.a 5 South Lane, Englewood,
of thv County of Arapahoe
And State of Colorado, of+he "tend pLri:
WITNESSETHt Thrt the said party of the first part, in And to ao11-
siderVion,a the enm .7£ - - - - -- -Ten and other valuable
FI1.11NO STAxP
S(d,i :.. ., Q
it 14
....._ .�
to it In hand paid by the said pr riles of the eeaond part. the rerelpt whered to hereby eeafaamd and LeknewledV4,
Las granted, bargained, gold and cououyd and by them Pr U dese grant, bargain, sell, mnrey and e0antm onto
the said ponies of the second pall, not In tsnanay in eenimon but is foW larnegi the amp of them, thshr "Alen
and the heirs AM mdgns of vuh •ursivor forever, ell the Winning dearribed lot or owed of Is" rntutA, to"
and being In the c auntr of Pitkin and state of Colorado, to wiL
As set forth on Exhibit "A" which is attached hereto
and incorporated herein.
all
TO
said pL
Over. i
ah4 isl d . gad es of whatarea 0 01 11 ar eoowvr
arty taxes, payable Jar...lry i, 1980, easements
a public or private nature inalilding those for
pity water system, Pitkin, County Zoning regula
bons and prior mineral raeervatinns.
er
And the Linn Mrp cued preMem, in time quiet and poeemblo Povession of Use gold Jar At the fie' d Ptfi, this
survivor of thei nuigna and the heirs and esMS *s of y. h AtlMwor, Against all and Are ,r�srsop��
AND FOB$1 l D to dah the whole of any part thcrml, Mid patty ief the tint PArt Ahall will Wifi" T'
IN W71gESS WHEREOF, The mid party of the first part hag "stood its entpol'ats using, In be herounta Aeb-
Aeribed by its president end its mrponte weal to be hog to Affixed, selmtod by Its
Se n tar y day and year first above u ftftICAN SOCIETY FOR CW2RQNMENTAI
Aetna. EDUCATION, IIdC. , A non- ro it OCT'
f, "
(J
T 1�'!^ ..................._.... PP.r.atiat}. H of... th9 ...S.CI't9...4..�._H1.1<.h$�St
tr•}
New Hampshire np .. .... ... .....
STATE .Coenty of OF 7C ..... 1,
�/ / /.+
.k1 /j1�.7Gt!f. L' .... :....... .... . ..yy.. be
..�...,.,♦ ,,tryptrtt
The fo insj vmtRo*ks scsnoalegase frre me this 44 Gy of
10 7 9 by P. k "! .!�. I (Ji, ., , m pewtd.wLnd
SRC.', a lion- ISepot�tESat
American' Soc iety for 1?rvironmental Pdt><,stititii';••.,
Profit corporati Ny..vrarial wmmlaalor,
of the State of Michigan. win eamrh d t"
�1 .� _.......__
My commission ex ?fires; srww sari.
Septombef 22, 1982 f :`. '
JAN 13 1 95 04:260r�ITKIN COUNTY GOVT. P.2
rt.ror�:
ti
=40 ma3l1
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:;... .. ••` ,. ie foregoing instrument was acknowled6ed before me tbi.
da 2SIth
y - 4f 1979 by William D. Jochems as Acting Secretary of Americ=
Society for Environmental Education, Inc., a non - Profit corporation Of
the State of Michigan.
Witness my hand and official Deal.
Cary ru P1109
MY CGTI 16 0" b*M )M, DI so
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To W arr a nty Inc,, Deed f Etn egetknandoSophl fo r. Envir nmmental Iduca
A
the Parcel of land situated in the SUM of Secti 29, and tb�pt West Principal! Meridi 3 Tow s ou th , a
state 09 Colgrado,ebeing more
particularly described as followse
Beginning at the Southeast Corner of said N M then
Westerly along the south line of said N 750 fe Section 32� oss$
to the centerline of Big 8'lina Crsakj thence Northerl Nova o r the re
line Of Big Kline Creek 1,365 fret, more or leas to the North line
Of said NWAs thence westerly along said Korth { ins of sakd NyN111r
610 feet, more or lees, to the Southeast Corner o!
referred to as Tract No. 6 and particularly dome in Deed of ad in a tract t of of land
dbook 3 Warranty
thence N rth along he Be at iins e ot IL Of th eat i 6 in Countlas "cardshos
Northaast'Corner of said Tract 6 which point is coincidental with
the southeast Corner of Tract 51 thence North 22 Bast 161.50
feet along the Easterly line of said Tract 5 to the Northeast Corner
of said Tract 5 which point is coincidental with the southwest Corner
Of the South end of Bok_at Lane as established and dedicated in the
filing of Redstone Ranch Acres subdivision No. 3p thence Northeasterly
CornerttherectihthencehBasferly 3 1 0s feet i Mora or to the cant Elino Creek 570 e
570feet# thence southerly
ore orloertthence the
orth 65.0 Last 1, 05
feet, more or leas, to the East line of the 8" of said section 291
thence South along said Cast line Of section 29, 1,869.5 test to the
point of beginning.
COUNTY OF PITXIN
STATE of COLORADO
ATTACHMENT F :
Copy of Contract Showlm Mamou 0304 O HTghWa' a y 1 133 tatt
Applicant (Daniel M. carbonaale CO 81623 -
Christmas) as Contract Jeffrey tS, pier
Vendee Broker Associate
The Pr naiad port Fong of this
TAN OR OTHER COUNSEL BEFORE SIGNING.
COUNTPRVROPOSAL
W ro po ad contract to bur and Bell the following 4scrlbod real estate to the gsunty of
k �n . Colorado, to wits
Bee Exhibit " of underlying contract
known as No. &ihossit
app tonce
8
Street A f04i
�Ity state tip
dated Sente beg
111. 1994 between
t4Wr beck
3nDh a aft C
Better,
and q niel'M.
Christmas
Pama.� a M Frenette
vuyer,
The undersllined accepts the proposed contract,
aubleet to the following amendments
p`l" �•�
lth�S
1.
section th- ourch price shall be
.
earnest
money o g,
2. In
section 11 the
a
date �losiTlj shall be Febrppr
o ev
24 ,
is
1995 or
7 ays after 1041
Hazard Qw approval , whlohiver
sooner.
3. In section al, Para rat . h 4 t in additi n to the to s 1' this
pparagraph, Bu er shall gegn fie 1091 An ew p rooess within 7
da a of a ful] executed contract and d11 gg Antl ursue the 1041
agroval thereafter au er shall provide t0 $0�ler and /or
Seller's agent, copie oy all documonte, plat$, surveys and
correspondence regarding the 1041 application.
4. It is mutually a rapidd µµ on byy.al1 paxties tq this Contract
that, if necessary facsiml v ppofnmunicatlon and /cr accaptance
hall be an aocepta6le and n nding form otftt commuhNation,
5, This contr ma be execut d in multiple countelparts each
together shall constitute one anni document. ta
Ali other terms end eorsiltions shell remain the same. This cottnterpropossl shall expire unless seeaptad in writing, by
Buyer and Setter, as evidence by their siggnatures be iow,and the offering party to this docuoont 'Beet yes notice of such
acceptance on or before S@Q ember r o e , 1394 if accepted, the,propaoudad osed contract, as ao hereby, $hall
become a edntrect berm"A Setimr and Buyer.
r t ,
Buyer's Address l L L
I` e �'� ��Oi P r °L( t
N.B. W+on this cotnterprapaeal faro is teed, the proposed contrast Is not to be Signed bY'tha Party initiating
thin eeuntarprOPOSal. Thin counterproposet auat be securely attached to sold proposed contract.
No. CP40.1 -94. COUNIERPROPOBAL Pepe
Copyright (C) 1994, v3.01, ReetfAST voftwgre Publishing Inc. Prepared by - Jeffrey A. vier, vroker Asseclate
09/13/94 1433stal
Poet-It'" brand lax Iran sm memo 7 6T1 Pof Pegea'
race
rl!) iyl r -�
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1
4 COM M I TMENT • F OR TITLE INSURANCE
9! ISSUED BY
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate
or interest covered hereby in the land describ or'refsired to in Schedule A, upon payment of the
premiumsand charges therefor; all subjecito the provisions of Schedules A and B and to the Conditions
and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount
of the policy or policies committed for have bean inserted in Schedule A hereof by the Company,
either at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the Issuance of such policy or policies of title insurance and all
liability and obligations hereunder shalt CaMand terminate six months after the effective date hereof
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be
valid or binding until countersigned by an authorized officer oragent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to
become valid when countersigned by an authorized officer or agent of the Company, all in accordance
with its By -Laws. This Commitment is effectiveas of the date shown in Schedule A as "Effective Date."
Countersigned by
STEWART TITLE
GUARANTY COMPANY
gpui
,�'q�•'; 1908
z .x.
? rw
I "I';, ,; 1 " !ra,
JJ� "Ur-3
Serial No. C.1 601 _ 410717
r�- o�'�C. ate✓
President
165
SCHEDULE A
ORDER NUMBER: 00021332
1. EFFECTIVE DATE: September 01, 1994 AT 8:00 A.M.
2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE
A. ALTA OWNER'S POLICY $ 77,500.00
PROPOSED INSURED: DANIEL M. CHRISTMAS
AND PAMELA M. FRENETTE
B. ALTA LOAN POLICY $
PROPOSED INSURED:
C. ALTA LOAN POLICY $
PROPOSED INSURED:
D. $
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS
COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT THE
EFFECTIVE DATE HEREOF VESTED IN:
WALTER E. BECK AND SOPHIE G. BECK
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
SEE ATTACHED LEGAL
OWNERS: $ 474.20
TAX CERT. $ 10.00
.. � Z� � A .
AUTH OR ZE0 SI TURE -
STEWART TITLE OF
ASPEN, INC.
620 E. Hopkins
ASPEN, COLORADO 81611
303 925 -3577
FAX 303 - 925 -1384
tl (^ ^ ^ A ll
I
SCHEDULE B - SECTION 1
ORDER NUMBER: 00021332
REQUIREMENTS
THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS
OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED.
ITEM (B) PROPER INSTRUMENTS) CREATING THE ESTATE OR INTEREST TO BE
INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT:
1. Deed from vested owner, vesting fee simple title in
purchaser(s).
2. A. Certificate of non - foreign status, duly executed by the
seller(s), pursuant to Section 1445 of the Internal Revenue Code
AND
B. Satisfactory evidence of the seller(s) Colorado residency
(or incorporation) pursuant to Colorado House Bill 92 -1270.
NOTE: Section 1445 of the Internal Revenue Code requires
witholding of tax from sales proceeds if the transferor (seller)
is a foreign person or entity. Colorado House Bill 92 -1270 may
require witholding of tax from sales proceeds if the seller(s)
is not a Colorado resident. Detailed information and Forms are
available from Stewart Title.
SCHEDULE B - SECTION 2
EXCEPTIONS
ORDER NUMBER: 00021332
THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE
FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF
THE COMPANY:
1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE
PUBLIC RECORDS.
2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC
RECORDS.
3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA,
ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND
INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT
SHOWN BY THE PUBLIC RECORDS.
4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL
HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT
SHOWN BY THE PUBLIC RECORDS.
5. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS,
IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR
ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR
TO THE DATE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS
COMMITMENT.
6. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO WATER.
7. ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED TAX
SALES.
8. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER
CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER
DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT
AREA.
9. Right of the proprietor of a vein or lode to extract and remove
his ore therefrom, should the same be found to penetrate or
intersect the premises hereby granted, as reserved in United
States Patent recorded September 22, 1903 in Book 55 at Page 124
as Reception No. 68477.
10. An undivided one -half interest of all oil, gas and minerals
upon, in or under said lands with the right to prospect for, and
remove the same as reserved in Deed recorded June 7, 1957 in
Book 181 at Page 434 as Reception No. 105200.
11. An easement for continued use and maintenance of ditches and
pipelines crossing the subject property, as reserved in Deed
recorded June 19, 1959 in Book 186 at Page 58 as Reception No.
168169.
12. This policy does not insure title to land comprising the shores
or bottoms of rivers and is subject to any build up or loss of
property along Big Kline Creek, caused by the processes of
accretion and reliction, or caused by man made changes in the
flow of water or in the course of the river bank or river
Continued on next page
%'b-rn
� ..x
CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 00021332
channel; also subject to the free and unobstructed flow of the
water of said river.
NOTE: Provided that Stewart Title of Aspen, Inc. records the
documents of conveyance in the proposed transaction the status
of title will be updated from the time of this commitment to the
time of said recording. If said update reveals no intervening
liens or other changes in the status of said title Exception No.
5 herein will be deleted; if said update reveals intervening
liens or changes in the status of said title appropriate
action(s) will be taken to disclose or eliminate said change
prior to the recording of said documents.
NOTE: Policies issued hereunder will be subject to the terms,
conditions, and exclusions set forth in the ALTA 1992 Policy
form. Copies of the 1992 form Policy Jacket, setting forth said
terms, conditions and exclusions, will be made available upon
request.
I
SCHEDULE A
PROPERTY DESCRIPTION
ORDER NO: 00021332
A parcel of land situated in the SW 1/4 of Section 29, and the N
1/2 of the NW 1/4 of Section 32, Township 10 South, Range 88 West
of the 6th P.M., County of Pitkin, State of Colorado, being more
particularly described as follows:
Beginning at the Southeast Corner of said N 1/2 NW 1/4 of Section
32;
thence Westerly along the South line of said N 1/2 NW 1/4 750
feet, more or less, to the centerline of Big Kline Creek:
thence Northerly along the center line of Big Kline Creek 1,365
feet, more or less, to the North line of said N 1/2 NW 1/4;
thence Westerly along said North line of said N 1/2 NW 1/4 610
feet, more or less, to the Southeast Corner of a tract of land
referred to as Tract No. 6 and particularly described in Warranty
Deed recorded in Book 306 at Page 811 of the Pitkin County
records;
thence North along the East line of said Tract 6, 474.29 feet to
the Northeast Corner of said Tract 6, which point is coincidental
with the Southeast Corner of Tract;
thence North 22 degrees 46 minutes 43 seconds East 164.50 feet
along the Easterly line of said Tract 5 to the Northeast Corner of
said Tract 5 which point is coincidental with the Southwest
Corner of the South end of Bobcat Lane as established and
dedicated in the filing of Redstone Ranch Acres Subdivision No. 3;
thence Northeasterly 30 feet along the Southerly end of said lane
to the Northeasterly corner thereof;
thence Easterly 310 feet more or less to the center of Big Kline
Creek;
thence Southerly along the center line of Big Kline Creek 570
feet, more or less;
thence North 65 degrees 0 minutes 0 seconds East 1005 feet, more
or less to the East line of the SW 1/4 of said Section 29;
thence South along said East line of Section 29, 1869.5 feet to
the point of beginning.
County of Pitkin, State of Colorado
r
�%We v4wo
CONDITIONS AND STIPULATIONS
I. The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damage
resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named
proposed Insured and such parties included under the definition of Insured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. Any claim of loss or damage, whether or not based on negligence, and which arises
out of the status of the title to the estate or interest or the lien of the insured
mortgage covered hereby or any action asserting such claim, shall be restricted to
the provisions and Conditions and Stipulations of this Commitment.
STEWART TITLE
GUARANTY COMPANY
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERIAL NUM-
BER which appears on the bottom of the front of the first page of this commitment.
ij j G 1'-9 Page 5
ATTACHMENT H
Proposed Covenants For Redstone Property
Being Purchased by Daniel M. Christmas
Submitted January 9, 1995
(1) Construction of a principle family dwelling and/or accessory building shall be
limited to the proposed building envelope or other level areas as depicted on the survey
map for the site.
(2) No construction shall occur within 100' of a stream or any slopes greater than
30 degrees.
(3) This property shall be limited to one single family residence with no more than
1200 square feet of ground floor space. Ground floor space is further defined as the "foot
print" of the building.
(4) This site is created for residential and recreational use only. Commercial uses
are prohibited except for: Home Occupational Guiding uses, Guiding Services, Camp
rental or other commercial outdoor recreational uses.
(5) Further subdivision of this 36 acre parcel is prohibited.
(6) No cutting of more than 30 % of trees greater than 6" dbh on slopes exceeding
30 degrees and/or within 100' of Kline Creek and/or within 100' of the national forest
boundary, excluding dead, diseased or dying trees. Cutting restrictions do not apply in the
case of fire prevention or protection.
(7) The burying or dumping of garbage, junk, trash, oil, petroleum or other liquid
or solid waste on any lot is strictly prohibited.
(8) Any new utilities must be constructed underground except when conditions
such as ledge or wetlands will cause undue economic hardship for the lot owner.
(9) The access road shall be maintained for seasonal use (two wheel drive
vehicular access). The lot owner assumes all responsibility for further road maintenance.
Widening of the road base, cutting of trees and additional excavation will be limited so as
to prevent additional scarring of the landscape and allow suitable access to the property.
(10) The Grantor reserves to itself the right to vary or modify the aforesaid
covenants, restrictions and easements, in cases of hardship or practical difficulty where the
basic intent and purposes of said covenants, restrictions and easements would not be
violated, subject to approval by the Pitkin County Planning Office.
>. n
S 1.01
PITRIN COUNTY
PRE- APPLICATION CONFERENCE SUMMARY
DATE: 10/11/94 PLANNER: Rick Magill
PROJECT: Christmas Residence
OWNER'S NAME: Dan Christmas
OWNER'S PHONE /FAX: 518/359 -9771 fax: 518/359 - 7035
SUMMARY
1. Type of Application: 1041 Hazard Review & General Submission
2. Describe action /type of development being requested: The
Applicant is requesting approvals for the construction of a single
family residence. The subject property is comprised of approx. 36
acres and is located adjacent to Redstone Ranch Acres Subdivision.
3. Areas in which Applicant has been requested to respond, types
of reports requested:
Code Section Comments
Sections: 3 -805 - Geologic Hazards: portions of property
contain slopes in excess of 30 percent.
Building envelope contains 10 to 15
percent slopes. Also mapped for potential
avalanche hazard.
3 -807 - Wildlife Hazards: entire parcel is within
elk production area. Bighorn sheep overall
and summer range.
3 -808 - Wildfire Hazards: severe (building
envelope may be low hazard)
3 -11 - Improvements and Services
Referral Aqencies
1. County Attorney
2. County Engineer
3. Zoning Office
4. Environmental Health
5. Division of Wildlife
6. State Forest Service
7. Carbondale Fire Protection District
8. Colorado Geological Survey
4. Review is before: P &Z and BOCC
5. Public Hearing: BOCC
6. The applicant needs to post a sign for each public hearing
pursuant to Section 4 -9 of the Code. yes
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7. Please submit a list of Adjacent Property Owners: yes
S. The Applicant shall provide stamped, pre- addressed, letter size
envelopes, with the return address of the Planning Department, for
mailing to all adjacent property owners. yes
9. Number of copies of application packets to be submitted: 20
10. Planning Office fee deposit required: $- 97-8-U6 Z C 4 d.C
Referral Fees required: County Engineer $ _64,040- J0
Environmental Health $ "
Housing Department $
Total Deposit: $1
11. Anticipated date of submission:
12. COMMENTS /UNIQUE CONCERNS:
(� � 4 � *
14. FOR A COMPLETE APPLICATION, PLEASE INCLUDE THE FOLLOWING:
1. Letter of request, addressing Code Sections listed above;
2. 24" x 36" Site Plan which includes proposed building
envelope, proposed access, topographic information at 2'
contour intervals, proposed and existing structures and
vicinity map;
3. letter from property owner authorizing representative (1
copy only);
4. copy of this pre -app form;
5. application fee;
6. proof of ownership and chain of title /non- merger
documentation from an Attorney or Title Company (2 copies
only);
7. Agreement for Payment form (available at the front desk)
(1 copy only).
preapp christnas 1041gs
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01/30/96 12151
49 Lake S rTacr
Tupper Lake, NY 12986
TO: P I C. tiliK) i r 1 6 6- I< < --
97 0 - 9 d o.- 9J
FROM: DA 6 L M. C'AK Is f !S
DATE: Q W A k a l e ✓ O 1 � Zin
TIME TRANSMITTED:
'Idcphone (518) 359.9771
1:1x: (518) 359 -7035
TOTAL NUMBER OF PAGES (Including cover sheet)
If you do not receive all the pagea please contact our office at 518- 359 -9771
COMMENTS:
E 5183597035 CHRISTMAS ASSOC-
81
— Licensed Real Gsmu Bmker—
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Spoialiting in Land Acquisition and Sales, posstry and land I Ise 11a wing
01/30/96 1-51 E 5103597035 CMRISTMRS ASSOC- 02
49 Lake Street
T11pper LAr, NY 12986
1'hrnw: (i18) 3%9771
Fax: (518) 35471135
1uwv.lAMlam a•dn
TO:
FROM:
DATE:
RE:
Christmas & Asmwialcs, lac.
A Nwr Ynri laud 011NIMP Y
Richard Magill
Daniel M. Christmas
January 30, 1996
Ihudel M. chrl+tRlw..
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JcnNfer 1.11. Grixl
17". Ynn 0h."I
MEMORANDUM
In an effort to avoid any confusion 1 thought it would be helpful to provide you with my
understanding of the conditions for approval agreed to at Tuesday night's meeting with the
county commissioners.
I understand you will he drafting the permit within the next couple of days and it will then
be circulated to the county commissioners for approval, which should take one to two
weeks. Below I have listed the additions or changes to the draft conditions presented on
Tuesday, as I understood them. If you have any questions or have a different
understanding, please call me to discuss. 1 will be back in my office Wednesday morning,
January 31 St.
The condition which limits the proposed building to "seasonal use" was eliminated. A
primary /full time residence is allowed with no limits on use.
The structure is limited to 1200 square feet of ground floor space (excluding decks and
porches) and no more than 1200 square feet of subsurface (basement) floor space.
In addition to one 1200 square foot primary structure, the permit authorizes the
construction of accessory structure(s) not to exceed 750 square feel total.
Chrlamax
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01/30/96 12 E 5183597035 CHRISTMAS ASSOC. 03
Richard Magill
January 30, 1996
Page 2
Itsm4
The driveway /road which accesses the building envelope must be upgraded to an extent
which shall be determined by the landowner and the county engineer, however, not to
county road standards.
Item 5
if there is a road association established now or in the future on the road leading into the
property, the property owner agrees to join said association.
All other items pertaining to fire hazard and wildlife mitigation measures remain
unchanged.
1 would appreciate your confirmation of these conditions at your earliest convenience.
Thank you very much for your continued cooperation.
cc: William Hodges, Esq.
Carol Pucak
n,. ,'S
L;
101
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Rick Magill, Planner
❑«
RE: Christmas 1041 Hazard Review and General Submission
DATE: October 3, 1995
REQUEST: The Applicant is requesting approval of 1041 Hazard Review and General
Submission for the construction of a single - family residence. The subject property contains
areas mapped for wildfire (medium hazard), geologic (slopes in excess of 30 percent), and
wildlife hazards (elk winter range and critical habitat, lies within 1/4 mile of elk production
areas, and is mapped as summer, winter, and overall range for bighorn sheep).
APPLICANT: Dan Christmas
SIZE/LOCATION: The property contains approximately 36 acres and is located
adjacent to the Redstone Ranch Acres Subdivision, south of the town of Redstone.
ZONING: RS -30; thirty acre minimum lot size
ACCESS: The subject property is accessed via the Redstone Ranch Acres
Subdivision Road. An existing "primitive" road will be used for access to the proposed
building site. The existing access road currently serves another residence on an adjacent
parcel, approximately 500 to 600 feet beyond the boundary of the subject property.
SITE/PROJECT DESCRIPTION: The subject property is largely defined by the
Kline Creek drainage which runs from south to north. A majority of the property is
comprised of steep, heavily vegetated hillsides with some exposed rocky outcroppings.
There is an existing bench in the northwest portion of the property which is being
proposed as a building site. The Applicant is proposing to build a small "seasonal use"
cabin, not to exceed 1200 square feet in size. The Applicant proposes to improve the
existing access road to create a turn-around and parking area approximately 50 feet from
the building envelope. An "access trail" or footpath will be cleared to access the cabin site.
REFERRAL AGENCIES: Referral Agency comments are incorporated
throughout this memorandum and are attached for reference as necessary.
1. County Attorney
2. Zoning Office
00 00 6
3. Environmental Health Department
4. County Engineer
5. Colorado State Forest Service
6. Carbondale Fire Protection District
7. Sheriffs Office
8. Division of Wildlife
9. Colorado Geological Survey
10. Crystal River Caucus
11. Open Space and Trails Board
The County Attorney , the Sheriffs Office, and the Crystal River Caucus have not
submitted comments on this application.
STAFF COMMENTS:
1041 HAZARD REVIEW
Wildfire: The State Forest Service has rated the site as medium hazard. Vegetation
on the site consists of a mature aspen stand mixed with occasional conifers, with an
understory of grasses, a mix of snowberry and serviceberry, and down dead aspen trees.
Aspen forests of this type do not readily bum, except in very dry conditions. The only
significant risk would occur when the grass and forb layer is cured and still standing.
Under these favorable burning conditions, the relatively steep slopes on this site would
contribute to fire intensity and spread. However, any fire occurring on the site would
probably be limited to a low intensity ground fire, and would probably not spread into the
tree crowns. Kelly Rogers has recommended defensible space and structural design
standards as outlined in Code Section 3 -807 (C) for this project. W. Rogers has some
concerns regarding access to the site. The existing road does not meet either CSFS or
NFPA standards for grade or width, and does not provide for dual ingress /egress. In the
event of a major wildland fire in this area, it would be almost impossible for a fire truck to
negotiate this road, especially with residents trying to evacuate. The Carbondale & Rural
Fire Protection District points out that the access to the proposed building site is winding
and steep. Bill Gavette states that emergency access during the drier months does not pose
a problem, yet access to the site during the winter months may be very difficult. The
existing access road contains centerline gradients of approximately 20 percent and is
approximately 12 feet wide in some sections.
Geologic: The property contains areas with slopes over 30 percent. The proposed
building site contains slopes of 12 to 16 percent. The property contains areas mapped for
potential avalanche hazard. Jeff Hynes of the Colorado Geological Survey conducted a
field survey of the subject property and evaluated the general and engineering geology of
the area. Mr. Hynes concluded that the proposed building site will not be adversely
affected by potential geologic hazards.
000057
0 0
As mentioned above, the existing access road contains centerline gradients of up to 20
percent. The road appears to traverse slopes in excess of 50 percent in some areas. The
County Engineer conducted a field inspection of the existing access road to assess the
options available to the Applicant for improving it to a higher standard. There are two
switchbacks with outside turning radii of approximately 30 feet. The large majority of the
road contains centerline gradients exceeding 15 percent. The County Standard for this
type of road is 12 percent. Due to the topography of the lower portion of the parcel, it will
be very difficult to improve this road to any great degree without extensive environmental
damage. Bud Eylar feels that improving this road to meet County Roadway Standards
may not be a viable alternative in this case and recommends that the Applicant provide a
road improvements plan which includes provisions for improving the road to the maximum
extent possible, without causing significant environmental damage. It is important to point
out that the road currently serves an existing residence beyond the proposed building site.
Wildlife: The subject property is mapped for elk production area, critical habitat, and
winter range, and is also mapped as summer, winter and overall range for bighorn sheep.
Kevin Wright of the Division of Wildlife (DOW) conducted a site inspection and
concluded that the proposed building site does not lie within elk production area or critical
habitat. Elk production occurs along the ridges and benches to south and west, and across
Kline Creek to the east. Kevin points out that prior to the development of the Redstone
Ranch Acres Subdivision, elk may have calved along some of the benches within the area
of the subdivision, yet due to the disturbance associated with residential development,
including dogs, the elk no longer calve in this area. The proposed building site does lie
within elk winter range (although use is minimal) and bighorn sheep summer, winter and
overall range. Most of the sheep usage occurs along the ridges to the east and south of the
building envelope.
Mr. Wright recommends that the cabin not "hang over' the edge of the bench above
Kline Creek. The DOW recommended other typical mitigation measures for this
development. Staff determined that the proposed building site is within 1/4 mile of elk
production area and will recommend the prohibition of dogs as a condition of approval.
Building Envelope- The Applicant did not delineate a building envelope on the submitted
site plan, although the intended building site is apparent. Staff will recommend that an
envelope be established which complies with the recommendations of the various referral
agencies.
Without the benefit of topographical information for the entire parcel it is difficult for Staff
to recommend other acceptable alternative building sites. Staff's site visit with the County
Engineer revealed a small area in the extreme northwest comer of the property, adjacent
to the existing subdivision, that should be considered as an alternate building site. The
lower site appears to contain slopes of approximately 15 to 25 percent and is heavily
vegetated. This site would avoid the steep sections of the access road, as it is located at
the base of the hill and at the end of the Redstone Ranch Acres Subdivision road. Staff will
fl0a017Js
I
request that the Applicant provide additional topographic information for this portion of
the property.
GENERAL SUBMISSION
Drainage and Erosion: Development within the proposed building site poses little
potential for erosion provided that all areas disturbed by construction are revegetated
within the first growing season following completion of the development. The access road
is quite steep in several sections ( up to 20 % centerline gradient) and will require
improvements in order to effectively minimize potential damage from erosion.
Impacts to Roads: This single - family development will have a negligible impact on the
County roads. Staff confirmed that the current owners of the subject property are
members of the Redstone Ranch Acres Subdivision Road Improvements District and, as a
result, the Applicant (assuming transfer of ownership) will be a participant in any future
improvements to the subdivision road.
Scenic Quality: The proposed building site cannot be seen from Highway 133 or the
Redstone Ranch Acres Subdivision. The proposed cabin will be somewhat screened from
the access road by existing vegetation and topography. The tumout/parking area as
proposed is simply an enlargement of the existing roadway to accommodate 2 vehicles.
The possible alternative building site will be visible from several homes in the existing
subdivision, but will not be visible from Highway 133.
Water and Sewer: The Applicant states that the current owner has a well permit which
will be re- issued to the Applicant on or before closing on the sale of the property. The
Environmental Health Department (EHD) recommends that the Applicant drill a well and
provide documentation of the adequate quantity and quality of the water supply , prior to
the issuance of a septic permit. The well must be drilled to assure that the setback
requirements for the well and septic system can be maintained. The Applicant proposes the
use of a "pit privy" or other natural composting -type system for an individual on -site
sewage disposal system or an alternative system as recommended by the EHD. The
County septic regulations allow either a vault privy (not a pit privy as proposed) or a
composting toilet in combination with a gray water system. The EHD also recommends
that the chosen system be large enough to accommodate all of the appliances that are
likely to be used in the future. The septic permit will be required, prior to the issuance of
a building permit.
Utility Extensions: The Applicant indicated that there are no utility extensions
proposed for this site. The Applicant proposes to use propane for lights, cooking, and
refrigerator. Solar energy will be utilized for the water pump and eventually for lighting
and appliances. Photographs of the Applicant's seasonal cabin in the Adirondack
Mountains are attached as references to the types of utilities proposed for the subject
property.
OTHER ISSUES
a❑
Commercial Uses - The Applicant included Proposed Covenants for the subject
property in the application. Although the County does not require covenants for single -
family developments, Staff will review them as a component of this application. Covenant
#4 stipulated that "Commercial uses are prohibited except for: Home Occupational
Guiding uses, Guiding Services, Camp rental or other commercial outdoor recreational
uses." Staff informed the Applicant that any commercial use of the property would be
subject to Special Review. The Applicant explained to Staff that the proposed commercial
uses were included in the Covenants to allow flexibility for possible future owners of the
property. The Applicant does not have any plans to use the property for commercial
purposes and has agreed to withdraw any language in the covenants regarding commercial
use.
SUMMARY: The Colorado State Forest Service, the Carbondale Fire Protection
District and the County Engineer have expressed significant concerns with respect to the
adequacy of the access road. Staff feels that the improvements required to bring this road
to an acceptable standard would necessitate a level of construction that would be
unacceptable given the resulting environmental damage. However, Staff and the County
Engineer feel that the improvement of the road to a somewhat higher standard may be
possible without significant damage.
Staff and the County Engineer feel that the condition of the existing road requires that the
lower part of the property should at least be considered as an alternative building site. The
lower portion of the property would serve to increase the ability of emergency response
personnel and residents to safely access the residence and may also serve to reduce the
impacts to wildlife because of it's proximity to the existing development. Additional
topographic information and referral comments relative to the lower site will be required
before Staff can make a recommendation on this application.
RECOMMENDATION: Staff recommends that the Planning and Zoning
Commission table the Christmas 1041 Hazard Review and General Submission until
additional information on the lower portion of the subject property can be obtained and
reviewed by Staff.
J
000060
1. Prior to building permit application, the Applicant shall submit a 24" X 36" mylar
1041 Hazard Review Site Plan which meets the approval of the Community Development
Department and the County Attorney. The Site Plan shall include the following 1041
Hazard Review Warning and Disclaimer:
"Applicant acknowledges that he /she has been informed by Pitkin County of the
existence of 1041 environmental hazard areas that might affect the property, any
improvements, and the use and occupancy thereof'
a. The building envelope shall be depicted on the Site Plan.
2. The Applicant shall adhere to all material representations in the application and in
the public meetings.
n A
Ili �
The Applicant shall comply with the following wildfire mitigation measures:
Note: Actual vegetation manipulation to meet these conditions may not be
necessary where the natural vegetation patterns have already fulfilled these conditions.
a. Brush, debris, and non - ornamental vegetation shall be removed within a
minimum 10 foot perimeter around the structure.
b. Vegetation shall be reduced to break up the vertical and horizontal
continuity of the fuels a minimum of a 30 foot perimeter around the structure. (for
greater slopes ref. CSFS Safety Zone chart. Page 13, Wildfire Guidelines For
Rural Homeowners).
C. Spacing between clumps of brush and vegetation within the 30 foot
perimeters shall be a minimum of two times the height of the fuel. Maximum
diameter of the clumps shall be two times the height of the fuel. All measurements
shall be made from the edges of the crowns of the fuel.
d. All branches which extend over the eaves shall be trimmed and removal of
ladder fuels from around trees and brush.
e. Tree crown separation within the 30 foot perimeters shall have a minimum
of 10 feet between the edges of the crowns. This does not apply to mature stands
of Aspen trees where the above recommendations for removal of ladder fuels have
been complied with. In areas of aspen regeneration, the spacing guidelines shall be
followed.
f All branches which extend over the roof eaves shall be trimmed and all
branches within fifteen feet of the chimneys shall be removed.
g. The density of the fuels within a 100 foot perimeter of the structures shall
be reduced where natural reduction has not already occurred.
h. All deadfall within the 100 foot perimeter shall be removed.
I. The Applicant shall be responsible for the continued maintenance of
defensible space vegetation requirements.
j. Roof construction shall be Class A, non - combustible (no wood
shakes /shingles) material with no flat roofs.
k. Vents shall be screened with corrosive resistant wire mesh 1/4 inch
maximum.
4. The Applicant shall comply with the following wildlife mitigation measures:
:^),- „.
VJk. "!JC2
o •
a. Dogs are prohibited.
b. All garbage shall be kept in bear -proof containers (American Bear Society
specifications).
C. All fencing shall be 42 ", 4 strand or less, with a 12" kickspace between the
top two strands. Any rail fencing shall be the round type, 3 rail or less with at least
18" between 2 of the rails.
d. All structures shall be setback from the edge of the bench so they are not
visible from Kline Creek.
5. There shall be no disturbance, including grading and vegetation manipulation,
outside of the building envelope, except for construction of the parking area, wildfire
mitigation, and the extension of necessary utilities.
6. The Applicant shall obtain an access permit from the County Engineer, prior to the
issuance of a building permit.
7. Prior to the issuance of an access permit, the Applicant shall submit a road
improvements plan to the County Engineer for approval. The plan shall include profiles
and cross - sections at critics} lo�tiops, d s a4dress prpvisipns for aina�
erosion control. 0 7�/j��j��JR/ X &Ot w 1
8. Prior to the issuance of aseptic permit the Appli cant shall submit information to MV;W c 4 L
the Environmental Health Department which documents the location of the we&in relation 7I V
000063
to the proposed aap4e system. Quality and quantity of the water supply shall meet the
approval of the Environmental Health Department.
9. Prior to the issuance of a building permit, the Appli cant shall obtain a septic
permit from the Environmental Health Department.
10, The Applicant shall obtain a fireplacetwoodstove permit from the Environmental
Health Department, prior to the issuance of a building permit, if woodburning devices are
to be installed.
ATTACHMENTS:
1. Zoning Office memo
2. Division of Wildlife comments
3. State Forest Service comments
4. Colorado Geological Survey comments
5. County Engineer comments
6. Environmental Health Department memo
7. Carbondale Fire Protection District comments
8. proposed restrictive covenants
9. photos of Adirondack cabin
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We hereby give our permission to Daniel Christmas to proceed with the
1041 Review process on our land in Pitkin county.
Walter E. Beck 2_ Sophys C, Beck
1,
0
Pitkin County Planning and Zoning Commission
October 3, 1995
Page 9
Pfanensteil: Just for construction.
Magill: The alternate access would have to be open for fire and emergency if the bridge does not
give them enough room to get through.
Krawzoff. And how are we going to address the accessory building envelope.
Magill: I would just propose we add a condition number 19, the applicant shall provide photographic
information on the accessory building envelope and associated road prior to review with the County
Commissioners. So we can more firmly state, here is the building envelope. Here is the road.
Whipple: Would you entertain a motion?
Krawzoff: Yes.
Whipple: I would like to move that the Pfanensteil Hazard Review and General Submission as
amended during our discussion with the addition of 19 to read as staff has directed and we really
didn't alter any thing else. We just made some confirmations of some of the things.
Krawzoff. Okay. Is there a second?
Vickery: Second.
Krawzoff: It has been moved and seconded. Further discussion. I guess I will just comment, given
the photographs we have been presented with, it is_ a very beautiful site. Did you want to add
something?
Mrs. Pfanenstiel: I would just like to share with you, we don't want to cut trees either.
Krawzoff: I call question. All those in favor say aye. The motion carries unanimously.
B. Christmas 1041 Hazard Review & General Submission.
Krawzoff: We will move onto Christmas 1041 Hazard and General Submission.
Magill: Dan Christmas is here representing himself. I think I will start off by stating that I was just
able to do a site visit on Wednesday. I will be recommending tabling today, I know this will
inconvenience Dan. The first time I was up there I did not know where the property started. But I
will get into this and explain, the property contains 36 acres next to Redstone Ranch Acres
Subdivision. The property is accessed through the subdivision. The access road as proposed does
service an existing residence 600 beyond the building envelope. The property is divided by Pine
Creek, it is separated into two parcels of very steep drainage. It is not even being considered for
(X-T-)uW
Pitkin County Planning and Zoning Commission
October 3, 1995
Page 10
development because of steep slopes, this is the area we are looking at. The orange yellow is the
existing access driveway to the existing structure.
The site is rated medium wildfire and has recommended mitigation of these hazards. Mr.
Rogers has significant concerns with the access driveway, the portion in orange, does not meet grade
or width. A fire truck could not access the road with residents evacuating. Carbondale Rural Fire
Protection District pointed out problems with the road, and short sections of this road with gradient
around 20% and the standard at 15 %.
Geologic hazards, the proposed envelop is a buildable site, it is 10 to 15% and a natural
bench. The access road is very close to the building site, on a narrow bench. The property contains
areas mapped for potential avalanches, but the building site will not be affected.
Back to the road issue, possible mitigation of the road will be difficult. A county standard
cannot be obtained for this existing road. We would like to see some improvements to the road,
preventing environmental damage. There should be pull offs for dual traffic.
Wildlife is mapped for elk production area critical habitat. Kevin Wright concluded the
proposed building site is not within elk production area or critical habitat. The building envelope
does tie within summer range. The site lies within a 1/4 mile of elk calving area, and we will
recommend prohibition of dogs.
At the bottom of this road is a small bench area, we really need to look at an alternate
building site. In summary, we need more information for the lower site, whether to pursue a
building in the lower section, so we are recommending tabling this for additional information.
Krawzoff: Mr. Christmas, would you like to make a presentation?
Christmas: I was aware that the road would be an issue when I looked at the property. I am looking
for a small cabin I can use for hunting and fishing. It will probably be about 800 sq feet. I have
offered to put deed covenants in for seasonal use. I am uncomfortable with the alternative site in the
fact that there is not a lot of room. I will be on top of the other neighbor and the road. To take that
a step further, I don't believe any roads are up to proper standards. My last argument is the other
owner behind my property, if I improve my road to county standards, I will really be benefiting him.
I am proposing to limit the site to seasonal use. I am uncomfortable to table it, I would appreciate
your considering the recommendation. I have to fly out for the meetings and it has been very
expensive.
Krawzoff: Thank you sir.
Whipple: Are you trying to run a guide service out of here?
UtiJ Ii '
V'J _
Pitkin County Planning and Zoning Commission
October 3, 1995
Page l I
Christmas: I am a forester from Lake Placid New York. I added that because if I limit it to seasonal
use and down the road I wanted to sell the property, it made sense to add that. I have sense learned
that triggers a whole other approval process and I want to remove those. Any of those covenants I
am comfortable with changing or adding to.
Vickery: The difficulty that we have, we do not have the condition for approval ...
Christmas: If we table this and we find the lower site is not satisfactory, we are right back here at
the same spot. I would like a decision on the site you have requested.
Bier: My role in this I have been associated with the owners. I do have information, it is very
possible, that this site is owned by others (pointing to the map). The water system and storage tank
is in this spot. There is a power pole there, a guy has a small little piece there, I looked at this for a
site for a garage. I was challenged for that and surveyed that portion, it was not on the property.
Magill: This is not accurate.
Krawzoff: Well clearly, I have a couple of questions regarding the other property owner that road
accesses. Is that property a legally processed lot?
Magill: I don't even have a name. The house looks to be 15 years old.
Christmas: It doesn't have power. There is a man and woman who live there in the winter.
Whipple: He is almost in rural and remote status.
Krawzoff: My inclination is to approve the request for seasonal use, and leave the road as is.
Magill: My concern is one of legality. The enforceability. I am looking at the next guy, especially
if we have a year around residence beyond.
Christmas: I would consider that in the title.
Whipple: Does he have to take a vehicle to his house, can he park his car at a lower point. I am
trying to get away from single family residence and that is where the vehicles have to go.
Guthrie: I don't want a rule that is un- enforceable.
Christmas: They are not a perfect situation, but they are the best you have to offer.
Guthrie: So you are trying to use a snow mobile in the winter.
r�
Pitkin County Planning and Zoning Commission
October 3, 1995
Page 12
Whipple: Fine with me. What is the distance to the first switch back?
Magill: The total length of the road is 1000 feet. You immediately start off steep with switch backs.
Guthrie: Is there any place for a turnout?
Magill: Probably.
Christmas: I would be comfortable with a turn out.
Guthrie: If there is 800 feet of straight, then the fire truck can get by for the safety issues. We don't
want to end up with a highway.
Magill: Dan's idea is restricting access.
Guthrie: It is going to get used so let us make it safe.
Whipple: In the winter months, it is difficult to access. You have a house that doesn't' have
electricity, it is less desirable.
Krawzoff: Trying to shut him down to a possible lower building site. It is 36 acres. It is not a
reasonable compromise.
Christmas: 10 acres as a usable portion.
Krawzoff: My inclination to still find a way to use the proposed building site but we don't have a
way to do that through the code.
Magill: The Ferguson property at the base of Sopris Mountain, the road was an issue and we did
allow them to bring it up to some standards, the County engineer set the standard.
Whipple: I am big on the camp use, he is curiously close to a rural and remote.
Guthrie: I think that is his issue to the County Commissioners. I would like to make the road
reasonably safe.
i
Whipple: Why not make it reasonable safe and restricted use?
Krawzoff: I think we can approach it that way and have Staff look at the legal issues prior to going
before the Board.
a
Pnkm County Planning and Zoning Commission
October 3, 1995
Page 13
Magill: I do have conditions that we can use today. Let me restate my position, because the condition
of the road is a concern for emergency access. I understand where this commission is going, maybe
we could resolve some of the issues in between.
Krawzoff: I am reluctant to have him return.
Guthrie: Shield 0 Mesa, (the County Commissioners are requiring) they are doing something in
regard to the issue, the language they come up with may be useful to them in regard to the road.
Whipple: I am reluctant to a high owner ratio in one area and only two in another subdivision. Why
bring to devil to the workshop.
Krawzoff: I would also like to ask you bring the adjacent property owners before going before the
BOCC. We have existing use on this road and I want to make sure it is a legal use, and if it is not.
Are we not required to notice them for this hearing?
Magill: For the board hearing.
Christmas: The issue with the road in addition to safety is it washes. it was in my original proposal.
I think there are a couple of areas where you could have a turnout. They have been doing
maintenance on it, some grading. The property comes with a well permit, eventually, I would like
to drill a well there.
Vickery: For fire protection it would be good to have a source of water.
Christmas: My guess is they would pump out of Client Creek.
Magill: Client Creek is a ways down.
Christmas: Even the generator pumps that the rangers use have 500 foot feed lines. There are
portable sources for fighting fire.
Guthrie: Can we get a proper perspective how steep the road is, this section is 15 %. A familiar road
we all know?
Malloy: It is set up for standards, a fire truck, a water truck, on the Redstone site, they had to
struggle and tow a piece on a road of 15 %. So it is a valid concern for certain kinds of equipment.
Guthrie: It is not you, we are worried about, there are others behind you who have a larger concept
and are more impactive.
U J1• 1 V
Pitkin County Planning and Zoning Commission
October 3, 1995
Page 14
Malloy: It is very enforceable on the deed, it will affect the value of the property. The right to know
is affected and it would be right on the deed.
Whipple: He is talking about really close to Rural and Remote, he does not have power, we are
leaning to having the road improved to reasonable, but not County standards and the deed restriction
helps us a lot.
Malloy: Yes and no. It certainly provides some safety mechanism offered voluntarily by the
applicant.
Krawzoff: In addition to the conditions that you have here, the property would be deed - restricted to
seasonal use.
Magill: Did you look at number 11. We just need to speak to the covenant with respect to this
property, perhaps shall be restricted in the winter.
Whipple: In this particular case I am not as worried because there is someone beyond him.
Krawzoff: Limited to use, not in winter. I would like to speak to the size of the house. I would like
something specific in the restrictions.
Christmas: My proposal would be 1200 feet or less.
Whipple: Self contained electrical. Propane for lights, and representations made in the application.
The cabin will not exceed 1200 square feet. And these should be conditions of approval. In order to
hook into the power, you would have to come visit us.
Vickery: It seems to me the cabin should be less than 1200 feet.
Krawzoff: This is a voluntary condition on the part of the applicant.
Whipple: I think I am going to side with George.
Vickery: 6 and 7 deal with the access and there should be some language about reasonable
improvement of the road. And to go onto 8 and 9, use an approved system for septic.
Magill: A pit privy is not an available option. You need to meet with them to get an approved
system. The location of the well and the septic system needs to be cited and tests to the quality of
the water supply.
Krawzoff. I think we leave that up the environmental health department.
r1 P
7 �
1
Pitkin County Planning and Zoning Commission
October 3, 1995
Page 15
Whipple: Approval by the environmental health department approval.
Malloy: My concern is that if the applicant sells the property and we establish this envelope and
don't know where the well and septic system will go, they will have to amend the envelope or apply
for a variance, I don't think it would hurt to leave the conditions the way they are and establish the
locations, even if they won't be built. In the event, they could do that in the future. The applicant will
review with environmental health.
Krawzoff. Anything else on the conditions.
Christmas: I think he is saying I have to provide information on the location of the well. On item 6,
I am not familiar with County road standards, do I have to improve them to that'?
Magill: To a reasonable standard in item number 7 by the County engineer.
Malloy: Bud Eylar will work with you regarding the standard that the P &Z have indicated here.
Magill: Do we want to leave number 11 and simply replace that with a deed restriction.
Malloy: I don't think you need that.
Magill: Strike 11. Number 12 restriction to 1200 feet house size. Number 13 to what the applicant
has proposed.
Krawzoff: The conditions as modified.
Vickery: I move the P &Z Board recommend approval with the modified conditions as amended in
our discussion.
Whipple: Second.
Krawzoff: The motion passes unanimously.
(five minute recess)
Krawzoff: We will move onto the Auerbacher 1041 Hazard Review & General Submission.
McNellis: The applicant is Dennis Auerbacher, represented by Dennis Green. The lot is known as
Knystrom Tracts on West Sopris Creek Road. You can see the lot is a long linear lot. The lot itself
is zoned RS20. and accessed from the West Sopris Creek Road. The lot is split by an irrigation
ditch, the upper slope is extremely steep, to about a 44% grade. The applicant is proposing a
building envelope in the flatter and lower portion of the lot. The lower portion contains weeds and
j�'j22
09-05 -1995 09:52AM FROM Pitkin County Finance TO
415
11� subdivision of the state of Colorado and a body Corporate with the
5439 P.01
21
limited proprietary powers set forth in Title 30, Article 20, part 5,
Colorado Reyised Statutes 1971, as amended.
Section 5- The purposes Of the District are to i^yrove and
maintain the streets and bridges within the prepOSed DistriCt.
Improvements shall include the grading, graveling, installing, culverting
and otherwise improving the roads and repairing and improving the
bridges within the District which were either dedicated to the public
or conveyed to the Redstone Ranch Acres HOmeowner�a Association and
which are open and accessible to the public.
Section` 6. The estimated cost of the proposed improvements (and
providing maintenance and snow plowing through the winter of 1982) is
Thirty Pive 'thousand, Seven Hundred and Sixty Four Dollara and Thirty
Cents ($75,769.30),
Section 7, The area to be included within the District is the
following described property lying within Pitkin County, Colorado:
AIWA _fl Southwest quarter of section 29,
t) T ; "South half of the Northwest
� )V' quarter of Section 39,
U excepting therefrom those portions
of said parcels which lie westerly and
northerly of Colorado State
Itiqhway the 133,
and north half of the
1 Y
nort quarter of section 32
All in Township 10 South, Range BB Neal of. the 6th P.M.
I Seation S. W ithin thirty (30) days after the date of the final
w
adoption of thi9 Resolution, the Clerk of the Board shall submit to
I the county clerk and Recorder of Pitkin county. Colorado, and to the
i County Assessor of Pitkin County copies at this ReSOlutiOft to be
i
i filed in those Offices.
Section 9. If any one or more sections or parts of this Resolution
shall be adjudged and unenforceable to invalid, such judgme,,t shall
not affect. impair or invalidate the remaining provisions hereof, it
being the intention that the various provisions of this Resolution are
and shall be severable.
$action 10. All resolutions or parts thereof in conflict with
the provisions hereof be and the same are hereby repealed.
Section 11. This Resolution, immediately upon its passage, shall
be recorded in the Book of Resolutions of the County kept for that
purpose and shall be authenticated by the Signature of the Chairman Of
the Board of County CoacsissioneCS and the County Clerk and Recorder.
- 3 -
E
3
TOTAL
O CW-T3
0E
MESSAGE DISPLAY
TO RICK MAGILL CC PCJEH
From: Michelle Carline
Postmark: Jul 17,95 10:53 AM
1.09
Subject: CHRISTMAS 1041 HAZARD REVIEW AND GENERAL SUBMISSION
Message:
THE PROPOSED PROJECT APPEARS TO BE A FAIRLY PRIMITIVE, SEASONAL USE
CABIN WITH MINIMAL ENVIRONMENTAL IMPACTS, INCLUDING IMPACTS ON
RIPARIAN HABITAT. THERE DO NOT APPEAR TO BE ANY PUBLIC TRAIL ACCESS
OR OPEN SPACE CONCERNS. WE WOULD DEFER TO DIVISION OF WILDLIFE
CONCERNS REGARDING WILDLIFE HABITAT.
-------- -- ===== X===== ___ -------
n,
ASPEN /PITKIN PLANNING OFFYE
130 S. Galena Street
Aspen, Colorado 81611
(970) 920 -5090 FAX# (970) 920 -5197
October 22, 1995
Daniel Christmas
Christmas & Associates
49 Lake St.
Tupper Lake, NY 12986
Re: Christmas 1041 Hazard Review & General Submission
Dear Daniel:
Rick Magill forwarded your letter to me regarding your hearing before the Board of County
Commissioners. I have moved your hearing up to the January 24, 1996 agenda; there is no
space available on agendas prior to that date. Should this date be inconvenient for you, please
contact me within 3 working days of the date of this letter. After that the agenda date will be
considered final and changes to the schedule or tabling of the application will only be allowed for
unavoidable technical problems.
Please note that it is your responsibility to post the subject property with a sign within 15 days of
the public hearing and to remove it from the property within one week following the hearing.
If you have any questions, please call me at (970)920 -5093.
Sincerely,
�,����-
Suzanne Wolff
Administrative Assistant
bomph
n
LJ I ' . J
Post -it" Fax Note 7671
Date I p 23 9
pag s 1
ro� �El CNZi ryYAS
"'5S�ZAWfQf Woi_rT—
Co /Dept
Co
Phone N
Phone #
Faxri J f, B 35 ,9_ -ADS
Fazk
10 �06i95 A' -r30
19 Lake Rawl
7npptr I21w. NY 12986
Pbrw: (518) 3i99771
fat' (518) 3%70 35
Ia.uaJ ervIAIWM'IhAr
S 5103597035 CHRISTMAS ASSOC.
Ohristrnas & Associates, InC.
A Brx' Vw* Land O mgwnr
wnid M. chrisuuae
Jrnnlfrr US. Urlsl
I'Im I'Irwhkml
MEMORANDUM
TO: Richard J. Magill
FROM: Daniel M. Christmas
DATE: October 6, 1995
RE: Scheduling of County Commissioners Public Hearing
for Redstone Property
01
Chrinw
A MWxWrY
AAlrondxk
I:nWhrnl 151r Caakl11
I'nyxxllH I:nxlln.
I am able to change my previously planned trip to Aspen in February. 1 therefore would
ask that you schedule the meeting with the county commissioners for the earliest possible
date. As you are aware it has been over one year in this process and according to the
Seller's agent, Mr. Bier, they are getting anxious, and so am 1.
In addition, please follow up by letter or memo the outcome of our planning and zoning
meeting including proposed permit conditions and deed covenants. 1 did take detailed
rotes regarding the commissioners comments, but I would be more comfortable seeing
them floor the planning department.
Thank you for your continued cooperation. _ 5fie
o
cc: Jeffrey M. Bier
William V. Hodges, Esq.
Carol J. Pucak
lV 1
i J L
iJ
o" <
M
sm---4y �zf -r�r .. .
STEWART TITLE
OF ASPEN, INC.
620 E. NOPIONS • ASPEN, COLORADO $1611 • (303) 925 .35T7 . FAX; (303) 925.1384
January 13, 1995
Daniel Christmas
Christmas & Associates
49 Lake Street
Typper Lake, New York 12986
Re: Walter E, Beck and Sophie G. Beck
Property in Sections 29 and 32, Township 10 South, Range 88 West
Our Order No, 21521
Dear Mr, Christmas:
Listed below are names and addresses of all owners of real property
adjacent to the Beck property:
Dr. Edward James Bertagnolli
3081 Oak Street
Lakewood, Colorado 80215
James C. Gardner
316 4200 Drive
Crawford, Colorado 81415
Robert and Betsy Wedemeyer
0381 Bison Lane
Redstone, Colorado 81623
James W. and Joy F. Ziegler
725 Vine Street
Denver, Colorado 80209
Rands Boik
201 Raintree Trail
St. Augustine, Florida 32086
White River National Forest
P.O. Box 948
Glenwood Springs, Colorado 81602
Although we believe the facts stated are true, this Certificate is
not to be construed as an abstract of title, nor an opinion of title,
nor a guaranty of title, and it is understood and agreed that Stewart
Title of Aspen, Inc., neither assumes, nor will be charged with any
financial obligation or liability whatever on any.statement contained
herein.
Sincerely,
eter P. Delany
Senior Vice Presi e t
r) �'.I i t-)
u �J
MASON & MORSE
R E A L E S T A T E
v�
Carol J. Pucak, CRS, GRI
Clk]IY1Ha1 "s Circle
June 13, 1995
Rick McGill
Pitkin County Planning Office
130 S. Galena
Aspen, CO 81611
Dear Mr.McGill,
I am writing to provide documentation for Dan Christmas that he has
legal access to the property that he is purchasing from the Beck's,
which is currently undergoing the 1041 review process. Stewart Title
has issued a commitment on the subject property and provided this
documentation of access insurance. (See #4)
Please call Mr. Christmas or me if you have any questions about access
to this property.
Sincerely,
Maso�nq�& MMorsee Real Estate
C? -C/ Ze It k
Carol Pucak CRS, GRI
c fs;
0304 HICHWAT 133 CARBONDALE , COLORADO 81623 (970) 963 -3300 FACSIMILE (970) 963 -0879
ALTA OWNER'S POLICY- 10.17 -02
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a
Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage
not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only
to tie extent provide) ir. the Conditions and Stipulations.
LN! Wi'INESS WHEREOF, Stewart Title Guaranty Company has caumd this policy to be signet! auu waitsl by its
duly authorized officers as of the Date of Policy shown in Schedule A.
STEWART TITLE
GUARANTY COMPANY
Chairman of the Boa
countersigned:
Authorized Countersignature
STEWART TrFLE OF ASPEN, INC.
Agent ID #06011A
3 0
[F A I I)IIIIA
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, cost,
attorneys' fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to bu0ding and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location
of any ;mproyemcm now or hereafter c. "ed on the Iaad; (iii) a separation, in ownership or a chanty in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environments! protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, Gen or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Daze
of Policy.
2. Right of eminent domain unless notice of the exercise thereof has been recorded in the public records at Daft of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value
without knowledge.
3. Defect, liens, encumbrances, adverse claims or other maters:
(a) created, suffered, assumed or agreed to by the Insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
molting to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vexing in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar credirors' rights laws; that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to Impart notice to a purchaser for
value or a iudpmmt or lien creditnr_
000079
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) 'insured': the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the
named insured, those who succeed In the int:reat of the named insured by operation of law as distinguished from purchase including, but not
limited to, heirs, distributcm, devisees, survivors, personal repraentativw, next of kin, or corporate or fiduciary successors.
(b) "insured claimant ": an insured claiming loss or damage.
(c) "knowledge' or "known': actual knowledge, not constructive knowledge or notice which may be imputed to so insured by rrssor
of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land.
(d) "land ": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property.
The term 'land" does not include any property beyond the lines of the arcs dmcribcd or referred to in Schedule A, nor any right, title,
interest, estate or casement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit
tire extent to which a right of access to and from the land is insured by this policy.
(e) 'mortgage ": mortgage, deed of cost, trust deed, or other security instrument.
(f) "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a) (iv) of the Lxclusions From
Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district
court for the district in which the land is located.
(g) "ummarketability of the title ": an aheged or %ppa:ent mztter aftecting the title t:: the tar" ❑c: czcir.d,.; or czwpLed froaa eC. on C,
which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligution to purchase by virtue of
a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in favor of m insured only so long as the insured retains sn
estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured,
or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance
of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest
in the land, or (ii) m indebtedness secured by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case
knowledge shall come to m insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as
inured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate
or interest, as insured, is rejected m unmarkrfnblc. If prompt notice shall not be given to the Company, then as to the insured all liability
of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure
to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by
the faflure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the
Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party
asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or
encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the
right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and
will not pay the fees of any other counsel. The Company will nr! pvy any fews, costs or e*pcirscs incu."r dd by tic irse. -cd i. uhc dcfarsc of
those causes of action which allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and prosecute any action or proc"-' - . e n- .- 27 any other act which
in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage
to the insured. The Company may lake any appropriate action under the terms of this policy, whether or not it shall be liable hereunder,
and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it
shall do so diligently.
(e) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this
policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right,
in its sole discretion, to appeal from any adverse judgmem or order.
(d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed-
ing, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals
therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by tire Company, the
insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining
witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and ('it) in any other lawful act which in the opinion
of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the
failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate,
including any liability or obligation to defend, prosxute, or continue any litigation, with regard to the matter or matters requiring such
cooperation.
000080
January 9, 1995
Mr. Richard J. Magill
Aspen/Pitkin Planning Department
130 South Galena Street
Aspen, Colorado 81611
RE: 1041 Hazard Review
Dear Mr. Magill:
Christmas
3 Associates
.\dtrond"k
th
Souern Tier Catskil l
Properties A Land Ca
Enclosed please find twenty copies of a 1041 Hazard Review application
regarding property being purchased by Daniel M. Christmas from Walter and
Sophie Beck, located along Bobcat Lane, Redstone, CO 81623.
As applicant, I plan to represent myself during the review process. As I mentioned
to you earlier, I am a forester and land use consultant in northern New York state
and I am therefore familiar with land use concerns in general.
Obtaining a permit in Colorado, however, is obviously new to me and I would
greatly appreciate any assistance you can provide as well as your overall
patience. I'm sure I will require some direction from you regarding the
requirements and /or location of information. I will do my best to work diligently
with you and will cooperate in any way that I can.
Thank you for your time and consideration.
incerely,
- �
Daniel M. Christmas /
Enclosures
Christmas & Associates. Inc.
A Ven fork Iaed 6ompant -
Daniel M. Christmas
Prend,ol
49 Lake Street
Jennifer L B Gnsi
Tupper Lake. NS 12956
l,te Prevden(
Phone: (i18) 359 -9771
Fax: M8) 359 -7031
r.,.e u ll Has moue.
January 9, 1995
Mr. Richard J. Magill
Aspen/Pitkin Planning Department
130 South Galena Street
Aspen, Colorado 81611
RE: 1041 Hazard Review
Dear Mr. Magill:
Christmas
3 Associates
.\dtrond"k
th
Souern Tier Catskil l
Properties A Land Ca
Enclosed please find twenty copies of a 1041 Hazard Review application
regarding property being purchased by Daniel M. Christmas from Walter and
Sophie Beck, located along Bobcat Lane, Redstone, CO 81623.
As applicant, I plan to represent myself during the review process. As I mentioned
to you earlier, I am a forester and land use consultant in northern New York state
and I am therefore familiar with land use concerns in general.
Obtaining a permit in Colorado, however, is obviously new to me and I would
greatly appreciate any assistance you can provide as well as your overall
patience. I'm sure I will require some direction from you regarding the
requirements and /or location of information. I will do my best to work diligently
with you and will cooperate in any way that I can.
Thank you for your time and consideration.
incerely,
- �
Daniel M. Christmas /
Enclosures
49 tike Sim
TuNw LWr, NY 12966
Mow. (5 18) 3599771
Fu1: (51B) 359.1035
02/23/95 1.7?:38
TO:
FROM:
DATE:
E 5183597035 CK?4 STMRS ASSOC. 02
Christmas & Associates, Inc.
e xnr rro * 141$dCaw/wr
Daniel M. Christmas
rnnldemi
Jennifer LA Grlsl
My rkfid m
Memorandum
Rick Magill
Aspen/Pitkin Planning Department
Daniel M. Christmas 0 11 - rl_
February 23, 1995
onw��
■.u�Kialn
J .tiw� l� MI= k
l Oautill
uulfn
Yesterday I sent the appropriate check for the 1041 permit fees on the Redstone property
to you via UPS overnight.
I have negotiated an extension of my contract with the Seller, so as to allow time to
complete the 1041 review process. They have offered to extend the contract provided I
submit my application and Check for fees to you by February 24, 1995, which I have done.
Now however, there seems to be a delay in getting their signatures on the amendment and
I worry they will not sign, you will accept my submission fee (which is non - refundable)
and I will be out that money.
As a result, I would like to ask that you hold this check for submission until and
immediately upon notice from me that the Sellers have signed this amendment. In
addition, once I know they have signed, I will immediately call the Surveyor to initiate
topo and road profile work per your requirement.
I am sorry to put you to any trouble on this, but your patience and understanding of this
situation will be greatly appreciated.
D.M.C.
02/23/95 13j38
49 Lake Stmt
Tupper Lake, NY 12986
TO: lq l c ldmo T- Iy1 A6.ic.L
FROM n1¢A✓pC-L M• QW 1STT #
DATE: C4 3 11-5
I ' 1VV all
01
Tclephone (518) 359.9771
Fax: (518) 359.7035
TOTAL NUMBER OF PAGES (including cover sheet)
It you do not receive all the pages, please contact our ottice at 5184159 -9771
COMMENTS-
2
5103597035 CH kSTMNS ASSOC.
U 0 ! is Pi 3 Licensed Real Swu Broker —
Specialitint in Land Ae.laisislon and Solo. Panury and Lord Use Pla.mmt
49 Lake Street
Tupper Lake, NY 12986
Phone: (518) 3599771
Fas:(518) 359-7035
I, razed Real Nab alI&I
TO
FROM:
DATE:
Christmas R Associates, Inc.
- AAeu lurk Land Conipaap 11
Daniel Al. Christmas
President
Jennifer L.B. Grist
I ice President
Memorandum
Rick Magill
Aspen/Pitkin Planning Department
Daniel M. Christmas a
February 23, 1995
Christina,
Southern Tier Adirondack
atakdl
Propennee L;uid Co
Yesterday I sent the appropriate check for the 1041 permit fees on the Redstone property
to you via UPS overnight.
I have negotiated an extension of my contract with the Seller, so as to allow time to
complete the 1041 review process. They have offered to extend the contract provided I
submit my application and check for fees to you by February 24, 1995, which I have done.
Now however, there seems to be a delay in getting their signatures on the amendment and
I worry they will not sign, you will accept my submission fee (which is non - refundable)
and I will be out that money.
As a result, I would like to ask that you hold this check for submission until and
immediately upon notice from me that the Sellers have signed this amendment. In
addition, once I know they have signed, I will immediately call the Surveyor to initiate
tope =d road pro &1e work per your requirement.
I am sorry to put you to any trouble on this, but your patience and understanding of this
situation will be greatly appreciated.
D.M.C.
;,
_ .r
d _
FE6 2 7
1995
49 Lake Street
Tapper Lake, N} 12986
Phone: (518)35997'1
Fax: (518) 359 -7035
Christmas & Associates, Inc.
A New fork Land Compamr
Chn.nn.
&A ....... te,
Daniel x(. Christmas
ddimndark
rmnda
P""ide"t
Southern Tier s
Jennifer L B Grisi
Nroperne. Land fill
_
I ire Precedent
t1,.11,ed Ptak Birk, Memorandum
TO: Rick Magill
FROM: Daniel M. Christmas `4C,
RE: Redstone Property 1041 Submission
Enclosed is the 1041 permit fee in the amount of $2,264.00 for my proposal on Bobcat
Lane in Redstone. As you will remember my submission was delivered to you on January
18, 1995; however, I have held the check for permit fees until the Sellers of this property
could provide an amendment to our Purchase and Sales Agreement. Now that I have
documentation (Via Fax) from Carol Pucak, Mason & Morse, that the Sellers have signed
our agreement, I am comfortable submitting the fees. I hope this delay has not caused you
any problems. Also, now that the agreement is signed, Jim Reser can begin the survey of
the building envelope per your request.
I will be back in Aspen, for a third meeting with you if necessary, from March 18th to the
25th. Please give me a call once you receive this transmittal to discuss a possible meeting.
Again, thanks for your continued cooperation.
D.M.C.
a 2
eser-
�.4 J
on
..,r
ASPEN /PITKIN
COMMUMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone 920 -5090 FAX 920 -5439
MEMORANDUM
TO: County Attorney
County Engineer
Environmental Health
Zoning
Sheriff
Carbondale Fire
CO State Forest Service
CO Geological Survey
CO Division of Wildlife
U.S. Forest Service (Carbondale)
Crystal River Caucus
Redstone Ranch Acres Homeowners' Association
Open Space Board
FROM: Rick Magill, Planning Office
RE: Christmas 1041 Hazard Review & General Submission
Parcel ID #2729- 293 -00 -018
DATE: May 9, 1995
Attached for your review and comments is an application submitted by Daniel
Christmas.
Please return your comments to me no later than July 14.
Thank you.
Cx=1 0
Lr *.NOV
ASPEN /PITKIN COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(303) 920 -5090 FAX# (303) 920 -5197
May 9, 1995
Daniel Christmas
49 Lake St.
Tupper Lake, NY 12986
Re: Christmas 1041 Hazard Review & General Submission
Case #P68 -95
Dear Dan,
The Planning staff has completed its preliminary review of the captioned application. We have
determined that this application is complete.
This application has been scheduled for review by the Pitkin County Planning and Zoning
Commission on Tuesday, September 19, 1995 at a meeting to begin at 4:00 p.m. Should this
date be inconvenient for you please contact me within 3 working days of the date of this letter.
After that the agenda date will be considered final and changes to the schedule or tabling of the
application will only be allowed for unavoidable technical problems. The Friday before the
meeting date, we will call to inform you that a copy of the memo pertaining to the application
is available at the Community Development Office.
Please note that it is your responsibility to post the subject property with a sign within 15 days
of the public hearing before the Board of County Commissioners and to remove it from the
property within one week following the hearing. Please contact me at 920 -5093 one week
following the Planning Commission meeting for the hearing date. Please submit the enclosed
Affidavit of Notice by Posting as proof of compliance with the Code prior to or at the hearing.
We have forwarded a copy of this application to the Colorado State Forest Service and the
Colorado Geological Survey for referral comments. Please contact them directly at (970)
248 -7325 and (303) 866 -2611, respectively, to arrange for payment of their fees. Comments
will not be released until payment is received.
If you have any questions, please call Rick Magill the planner assigned to your case, at 920-
5062.
Sincerely,
Suzanne Wolff
Administrative Assistant
ppz.no.ph
1,
CERTIFICATE OF MAILING
RE: CHRISTMAS 1041 HAZARD REVIEW & GENERAL SUBMISSION
I hereby certify that on this 19th day of December, 1995, a true and correct copy of the
attached Notice of Public Hearing was deposited in the United States mail, first -class postage
prepaid, to the adjacent property owners as indicated on the attached list of adjacent property
owners which was supplied to the Aspen/Pitkin Planning Office by the applicant in regard to the
case named on the Public Notice.
By: Suzanne Wolff
Administrative Assistant
frm.mailing
r
I _
v.,0
PUBLIC NOTICE
RE: CHRISTMAS 1041 HAZARD REVIEW & GENERAL SUBMISSION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, January 24,
1996 at a regular meeting to begin at 5:00 pm before the Board of County Commissioners, District
Courtroom, 506 E. Main St., Aspen to consider an application submitted by Daniel Christmas
requesting 1041 Hazard Review and General Submission approval to construct a single - family
residence. The property is located adjacent to the Redstone Ranch Acres Subdivision, and is
described as a parcel of land situated in the SW 1/4 of Section 29, and the N 1/2 NW 1/4 of Section
32, Township 10 South, Range 88 West of the 6th P.M. For further information contact Rick
Magill at the Aspen/Pitkin Community Development Department 920 -5062.
s/Michael C. Ireland, Chair
Board of County Commissioners
Published in the Aspen Times on December 23, 1995
Pitkin County Account 00113
C�
ATTACHMENT C - LIST OF ADJOINING LAND OWNERS
U.S Forest Service U.S. Forest Service
606 Hallam or 620 Main St.
Aspen, CO 81611 Carbondale, CO 81623
Randy Boik
201 Raintree Trail
St. Augustine, FLA 32086
Robert & Betsy Wedemeyer
361 Bison Lane
Carbondale, CO 81623
James & Joy Ziegler
725 Vine
Denvor, CO. 80209
Dr. Edward James Bertagnolli
3081 Oak Street
Lakewood, CO. 80215
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146 The Aspen Times - SRturdaySunday, April 2621, 1996
Sports - - --
SkyMarathon series
seeking elite runners
Aspen Times Sports Report ,cthorn (13,661 in Italy) and the
The 1996 Fila SkyMarathon T Iralaeeihuml Volcano (Mexico).
Circuit needs runners. Elite run- Also this d Sk'
this
ners. Hardc rc runners.
a secon I
MMathon is planned for June 3
Fila, Through its U.S. promo-
on Mount Elbert. That event wi
banal agar-
be by invitation oNy.
cy (Alan
In addition to offering uniqu
Taylor Corn-
running opportunities, the Fit
munimtions), is Seeking addition-
SkyMarathon series also award
al runners to join the field for the
$50,000 in prize money for th
unique high - altitude marathons.
top finishers.
The aeries will start again
this year; for the third con-
secutive year, with the Cas
A Puk SkyMarathon rare All
marathon mountain
Aspen an June 9,
The annual race, starting trail and endurance run
in Ashcroft and then going
up near the summit of Cas- ners Interested Should
tie Peek, will finish in
downtown Aspen again. call 1 -800- 2294758 for
Matt Carpenter of Colorado
Springs is the two -time an
entry form.
defending champion in the
Castle Peak SkyMamthon.
Pete Heck of the Roaring
Fork Valley literally
stepped onto the interna-
tional DlMlng map when he
finished Second last year in the
Entry in the series is limited IC
Castle Peak race. tic now is a vet-
qualified runners. All marathon.
Gran of international high - altitude
mountain, trail and endurance
events.
runners interested should call I.
Again this year, the top Amen-
800- 2294758 for an entry form.
can mate and female finishers at
Or runners may submit a letter
Castle Peak will earn an all-
with running history to Fila Sky.
expense -paid trip to Fils Sky-
Marathon, Alan Thylor Commtmi-
Manlhon events in Italy or Mexi-
cations, 305 .8th Ave. — 14th
Co. Those races include the Bfi-
Floor, New York, N.Y, 10018.
Public Notice
A6PFl4mmp muNry xntnlna lmrceuE
momnnlNrv.cmnRAOo
By EluhMn K,kln.mrn. enY,pe,tan:
PnLllr6nl In The A.Pen T1mn Ap11 al, R%
NOnCE 11FGNCFIJAnON OF' '
0.FtiNNlE1FATNJM UY na:
UFS M H0RSKINA VIST
WMn' NOa5i. Y I" GAVE By Tthe While
no at r Enotn a1VEN by 1st WMn Aare
Si d
no at the1er ol,lne nut s an h,eMride
Ina, n the clo,e of budnen the Ilw w er e p
a n day d d m the e lecti on ec. Ir . w
e0 ere Felt e WlMln is, edr[elw N Mlkp to be
celled maludtn, tanMdaln tiling aft dream or
intent to be wli mountains: IhereMe the
elm I'm to be old on May r, 1996 k hereby
51e"Ind, pnrluard to IM. CRS.
Tin, following candidates ere declared
elntN
KmreM N.0 H. Meow, 4 year knn
F. MeM awned', a year term -
W YWm Cmrlq,Yb, ayeer loth
E Meal kYead Notes.
14rlgnmed Ones. 011lee
w'hlle Hone $pelota Water Dho.
Noun MOM WAS alsol"TerJ.1 the a lhly
gmin. nl Ne Bmrd of ULeNn,, al while
Mane Still.. wale, IHrnkl, on Amu 1 1996
the' m. el-BnO k [nnemM and rile rim.,
The I N.", ul C....l man I. la 6e WblhhN
ooe Ume. and "Nod n own prell1n6 Waco zeal
W I.. Mna. .'in' E-dputed eaacbn Wood'
F. Wild Melnll OIUm us I6e Crpul Palntt
C."nolan, "B ind Hymen. eal Crew..
61611 ITOne (970) 925-1459 one, ropy a to N,
&" wit h the Clem not R,e N ard al PHMn
county. and arc -1-1 m IMwbn M Incd
Gavernnem. tenet. CO.
F. Merd MNnLL Secrw, of he MaaM
April 9. 1936'
eublishad N The Alen Timm Awn 20. Islas
PLEASE TAKE NOTIeF II,nI Ube BnaN el
Cn11 11 1r oilh od a
1996. a el la t ft tartar mire no ic hearing,
g
1996, aft a dnlynaxcetl or hearing, wl Urmil. re w +rip Hof the 4nminp d el the Taper GMOS
Eae, end Rev General
" Bnhullmonuir.nn to soya Owenll wi
Mkk Prouty I Pormem m U anl to Title le 2 ]d, ,
Mkk
" 6B. N.
Nneelart Co
l
J The sp n.0epu1 Cemy Clbk
Publishers In The Aspen M. i9➢6.'.,
PUBLIC NOTICE -
PLEASE TAKE NOTICE Thal the Board of
county Commissioner. of false Couab.
Cabo ode. at Ile reBdar .1, on rnuary 24,
1996, alter a duly-nodced public hearing,
adopted NMallnwlM.— Inden' o "-
Orating App -oval of the UnWas )Dn
,f�yhe��aOr.d Revww vW freemen Sub lmodou wIlh A
VkNM Properly aid Pu need la Title 24,
MNW6a Colorado RmI.M &.to-
leMeneJnnn, Bepuly county Clerk
PubnallM linkA sennma Apr 2a 19%.
PUBLIC NOTHM
PLEASE TAKE. NOTICE. Th., It., Board of
County Com'nlulunera 91 Pllkln County.
CMM . k IM sepuler wMI'q on January N,
1996. Aker a duly—m Irma p.bill hearing.
MapIM the IoI1mNM Rnolmkn:
Rolled., No Applinllon of the New laud
Tae Cuk attl Other Nevi tad Use LNBIIWlm
melded pending ApBlknbns,
kwlle know, Dnmty County Clark
Published I. The Npea Time! April A, 1936.
mtlLM NOTICE
from the mike M to PIDn County Mm.w
Colorado be n rmw. Ibe foamy woma ro
fee., m.nenw Ip sal Property vel -n.
- beginning no latef m
then May 2.1996. The
r will be a "we M IM Rmn C ..... y
C..n . doing bellnma home (9 am. to
- p.m.) 1. hear blemlem and prat mu to
..Web.. No Ile HEM samemn nl of Pemotor
"Will comeat eduouse. win hecnnle final
un em prMnk are and will' 'he no-sam by
Overlaid h-emor, July 5.
Obknlom to triable 1.1mili a for 1996
FrAI be penliesslard .. let.,
IM, Oldookea wom nk P
tl I. than Men 2A.
an"nsourn.h Aml -non will be,
Information for re9unllnp • of
W
.nne Ind d tar error Well in Nvmlob e
M 1Mn-e.ani. Bol,,
Tmn hope Poldn Cmuny A tease,
PNlblled In' r he Aalww Tlmealml2d 1996
Prim Ilx ounce M r no rvnm e County , .auor
e WurMn sew m , In Il e- .,.am M
h L u.npo to p 1 n.opeNr
MLW NOTICE
PLEASE TAKE NOTICE: TMl the Board of of
County Commissioner of Pllor, County, M
C. wMO at as reauhl mMlry nn female, 2A an
1996. all. A do], ..need oulafe heartes, I
ednpM lot kllwd, Reclaron: an
Grulllnl Alan -0 of IM H.W, C alNw , 'of
.welsher firs :.in - iee1M RUpmor right PUlmenl la Tllle 24, Article 68, Colorado m
.., T
J.'rJonm, Demny Cwnly Clerk W!
P,buehed m Tne Arpen nmer Apru 2819%. I
will
the
wrap
20.1996
EN
92.7 FM
Classic
Country
ALL -BREED OBEDIENCE TRAINING
Boarded Training - Consultations
Puppy st dog CLASSES start June 3 in Aspen
(970) 963 -1287
CAROL DOPIQN REAL ESTATE Nice
122 WEST MAIN S'IRLyr - 970420-1186 - 1. 8049241186
FAX 974920 -1976
(jawoaG Q- Redr &62 aa&4 aSeaaef
THE BEST ONE BEDROOM IN ASPEN, thin up.lodate
mldomimum with wood - burning fimplace is mat the Ritz.
Fully aemced aM fumbhM with eacellenl iumme. Pool nod
Tut tub, $249,0010.
to Aspen or SNIWm -s. Light. views, uthedrd ceilings, this
4- bedroom 3 In h ns has a fabulous Rom plan, am, =in, 2.
way atone Incidence. Not Tub a moo. $749,000.
NEW, LUXURY, VIEWS AND PRIVACY - Take Hm In
zee this storming 5- M1Mrmm.5 In -bath borne, fully formhM
W aver private wens only 10 minuses from Aspen Otmn
aM Tennis cvun, Imo g3,451),000.
SINGLE ROME AT TOWNHOME PRICE. If you're
looking at luxury low Wmn, consider This mwoMing four -
bedsoom. feu, end one -half bath conlemponry home plus
coached, unmenimed Iwo - bedroom, one -bash apayment
$1,5951)00.
RIDE YOUR HORSE TO ASPEN FROM THIS
COUNTRY VILLA - 5- Mdmnm. 5 In -bath music, bright
and froutimer with • gourmO Inches, large family mom,
mover v.it. with • fireplace, swimming pool, MOBBIF guest
camuker house, barn, and rented irrigated mud.al
$3,2- ifl.W.
PANORAMIC VIEWS OF MT. SOPRIS, privacy and
meadows for horses 0. this hand- lo-bnl scinwrim popery
on 4.76 min lemming a pimp 4- bed.., 3 both Mme whh
high ceilings, an executed poor plan aM a large des. Fencing
am shrine, for Mrses AR In Place. Sl8a1xJ"
f11bY ELOPMENT POTENTIAL CLOSE 1'0 ASPEN
fouled ed 142 soma surrounded by BLM pmprty. over 50
Mom udder 011101 nes with unto, water Fis hn. This 4,000r sal.
fL 5- bedtual 3 InbMh home plus n hero anal Indoor riding
.;Be a. well ui 3- bedroom. I bath apartment - AN
EQUESTRIAN DREAM. S2,950,000.
RIVERFRONT WITH VIEWS AND PRIVACY make this
I ... Firms log Mme a here treasure. Storybook selling with
huge Ire; open meadow and pond. The 4 -Mamoru hopes heck
an enormous ffnpbs, two moor suites, and an upscale
western —if, The Aspen home you've dreamed .haul a1
$3,950,00.
THE BEST TOWNROME BUY IN ASPEN, featuring three
spacious bedrooms, three and one -half births, views of
Highlands and Butimmilk From life great from sad A wood.
Mming fireplace. can Mnote- termed. $629,0o0,
VIEWS, VIEWS, VIEWS make this beautifully fumished 4-
bodraom, 3 -buh Sumbrd Mme a frmt Are. Fabulous gnat
MO that flows with two-way huge stone wood- burning
Dmirlece .rid weep -Mount d,cka. Indoor hot rib roam and
much, much more. A value al SZW. 00, fmntshed.
IF YOU'VE DREAMED OF COUNTRY !.
CONVENIENCE, this very private 5- bedrmen, 3 In -bglh
Mme on 11 acres with yews of all four ski tress, country
otovell' m with mrelmable none plan, Ihm ponds, rnreing
for homes. access to miles of riding, execrom irrigation and
only TO minutes to downtown Aspen, is for you. 52.lm,IKKL
VIEW'S, SERVICE AND EXCELLENT RENTAL
INCOME make this the 2- bedroom mMo you en looking
rat. Sit by the Fireplace and delight In the view of Aspen
MOWmIO Or relay income while NO hen. Slieson.
SPACIOUS, IN TOWN, WITH KNOCK -OVT VIEWS,
this luxurious 3- 1,wdmom. 3 P2 both mwnMSne, has 'a huge
gml room, quiet stns, indoor not iuh and gorge god is
bau0rully furnished. s1.3b0.IKKl.
TURN KEY AND WALK EVERYWHERE. F'abulemi,
furnished 2 -0edlmnh 1 -bash with ekwe a After. Met ill
Not rob. 5425,000.
MOUNTAIN PARADISE - Stunning views from This 35.
ante parcel in en 11 -pstul mounaln community. Private
aWng, common Tritium. $250,000 buys this Feel psseel.
Don't I. this fabulous invmmem and lifestyle opporunlly.
LEI'S MAKE A DEAL on I home in N- .a ll's
desirable Elk R you w ith three
bedrooms and ter IF firtplace, deck and
veers. $313,00.
RIVERSIDE'S BEST IN BASALT - Great family 3.
bedrmm, 21n -bash home with charm, vermin ON privacy!
Bright interior, finished basement, 2 -car garage, fenced
Backyard random open spres. S375,W, .
PERFECr FAMILY HOME with IFme herbals sad :we
and ..-half baths fee'udtlg an Open Door plan. an Dnplace,
bright¢- with loss of wind. , Finished Iwo-cu gang, aM
fenced backyard. S239,M.
Carol Dopkin. Lsum Maggas, Mary Sue Walker.
Rita Sherman, Simone Bender, Cindy Glowpcki,
Missy Erlanger and Fredericka Alderfer.
1- 800 - 920 -1186
We specialize not only in horsey people and horse properties, but in ekrryJRng from
starter homes to executive estates, from condos to all types of commercial properties.
Serving your real estate needs throughout the Roaring Fork Valley... and beyond!
Try our unique, personal and professional service.
You'll Love the Attenfion I
I
000092
EARN INCOME WHILE YOU PLAN AHEAD. BUY
THIS mmmereial complex in Aspen consisting of Iwo
Victorlaus and a conlemposery building. It's boiling with
local business and he, excelled, developmcnl potential.
S1,150,1100,
CALL ITS FOR SPECIAL SEASONAL
AND LONG -TERM RENTALS
Carol & ISanlana's Fire%ork$
a7a1� -acr a - GG -491E
Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(303) 920 -5090
/k:��2- - 9r
City Land Use Application Fees:
00113- 63850 -041 Deposit
-3855 -042 Flat Fee
-63860 -043 HPC
- 63875 -046 Zoning & Sign Permit --
- MR011 Use Tax
County Land Use Application Fees: � ,
00113 - 63800 -033 Deposit
-63805 -034 Flat Fee
- 63820 -037 Zoning
-63825 -038 Board of Adjustment �.
Referral Fees:
00113- 63810 -035 County Engineer
00115 -63340 -163 City Engineer _
00123 -63340 -190 Housing _
00125 -63340 -205 Enviromental Health
Sales:
00113 - 63830 -039 County Code
-69000 -145 Copy Fees
Other
— Total_ --
Nam n �J,F L Date: �5� fCheck:o
A ss: ec �� Pro' /404 �ldre J
Case No: / V'Y
`hone: U U 009 No. of Copies
CHRISTMAS 1041 REVIEW SITE PLAN
J
11 11101 111
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COUNTY COMMS59MB A"ROWL
THE 0-7RY3iMA9 1041 HAZldIJU ICEY'IEW _-M FLAN vA5
AFFES/YM 07r THE 004V OF CDL*t Y EOWU_1 jCp,XM
OF FI7•Y.1N1 CaJF.ITY, CdLGKAOO DY 1'I°,9 Imto LTITO N
NO %-5 ON i.W dJMY ?!, t99G. ME T49
KE FG1C CDF.pfiCN^ -F APPLICA$I.E - TO T4F
PRA - ---- --= --- -----� r r
CHWRMAN, D04RD OF CLVNTI'
`lue' co"455IO1ERS OF FITKIN CO AyTr
T-IE ATLIGJVT AC#+OWLErC.E3 T+VT HE NR9 $EEt -1
INRa2MED 6Y rITKIN CCLwrr OF TI-E DOgIH CE OF
KtGf ENVIRONMEFffAL HAZARD AREA6 THAT Ar Hr
AFFECT T}$ F�JrGC: Y, r ?^: I.Mf}47JE At V TtF
UM AND OCClIFAhGY THEREOF.
Ow n kJ� • t.3�
DANIEL CHKI5TMA5
, 1 6
A FAFr.EL OF LAND 51TjAT.ED IN THE OW 1/4 OF 5ECn D,
29 AND IN THEN OF T-E NW 1/4 OF sFCrvaN 32,
TOWNBHIr 10 Cb WEST OF THE GTH
PWNCI PAL 1✓EIVDIAN, COUNTY OF ETTYN, STATE OF
G
CO BtfN MORE t A 9 E FAfRrr LY OE Mo AS
ra-IO+P>
5E61NNIW�AT THE. HEA9T CO M OF SAID NIA NWI/j
'Jr SECTION 32,
THENCE WESTERLY AIDN' THE SDLIRJ LINE OF 9NO
N 1/2 NW 114 750 FEET, Mao= OR LES5, TO THE
JF 51G K NkE UCEEK,
T EKLY ALO.G THE CEI OF 5IG
FEET, MORE ac LEyJ, YJ THE
OF F fSAi AID NI/J NWI /L.
I FI�L W=1 ERLT A� SAID NOKT}i UNE OF 5 10
NIf2Nw /4 OIOFEE -, vorr CLE ' MTHE
`.XY✓ CA3T GORNCR Or A TRACT OF W D REFEKFED TO
A5 TRACT NO G AND FAFTICUIARLY GE I ED IN
WARRVJTY DEED K�OEO N D '1Y AT r• I I
OFTHE FIT<N CLYIrJTY IeFfJ. JS,
THENCE NORRi A1:71JC THE EA<iT LINE OF SAID TRACT G
474 29 rEE" -0 THE NORTHEA5T CORNER DE SA1D
TRACT 6, WH1 F NT 15 COINCIDENTAL WITH THE
SOLRHF 7A C FKNEK OF TKV 5
THENCE NORiH 22 °4&'43' EAS7' 1 4 50 FEET AIDI-C T C
EASTERLY LINE OF 5NO TRACT 5 TO THE NOKFT Air
CLNNER GF tA0T 5 WHUi R011Y7 IS 601n D AL
WITH THE Eul WEST CO EK OF THE SaJTH FNO Or
EOB T LANE A E5A6L�-IED AND DEDICATED IN THE
FILING OF RFJ9 E 1[MYJ-I ACRES S nOI ° NO 3
THENCE h\'JKTHEASTERLY 30 FEET ALONG THE S3J 'r
END OF S41D LANE �THE N THE^7T Y CORNER
THEREOF,
TH ENCE EASTERLY 310 ` .UT, "t ,E Or, _E55 TO THE
CENTER OF 516 KJNE CREEK,
T-IPNCL 5:ZI ML- AONI" E CENTERLINE OF 51G
KLINE CREEL 570 -�T FO�,
nI CI E N/, K_H G5 ° dO'W'EAST ICO5 FEE?, K,IO
MCFIE OK
2 LESS, TO THE EAST LINE OFTHE 5W I/4 OF SAID 5N
THENCE 500TH ALONG SAID EAST LINE OF 5ECn0N 2
1869 5 FEET M THE MINT OF 516 NNIIRG
ti IG9g JH6 913 5 ROAD. FROF
TIW
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N22 &�'3 E /l✓i5O
CLERK & RECORDER'S CERTIFICATE
"'5 GIRL57MA5 .04. REVIEW' 51TE PL.
A,:.EF" ffP FDR FI'_,NC- IN THE CFFCE
- LERK AND f;ECOR(R 5 PITKIN COLN
TH15 D4Y OF 1 !1 t
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COUNTY COMMS59MB A"ROWL
THE 0-7RY3iMA9 1041 HAZldIJU ICEY'IEW _-M FLAN vA5
AFFES/YM 07r THE 004V OF CDL*t Y EOWU_1 jCp,XM
OF FI7•Y.1N1 CaJF.ITY, CdLGKAOO DY 1'I°,9 Imto LTITO N
NO %-5 ON i.W dJMY ?!, t99G. ME T49
KE FG1C CDF.pfiCN^ -F APPLICA$I.E - TO T4F
PRA - ---- --= --- -----� r r
CHWRMAN, D04RD OF CLVNTI'
`lue' co"455IO1ERS OF FITKIN CO AyTr
T-IE ATLIGJVT AC#+OWLErC.E3 T+VT HE NR9 $EEt -1
INRa2MED 6Y rITKIN CCLwrr OF TI-E DOgIH CE OF
KtGf ENVIRONMEFffAL HAZARD AREA6 THAT Ar Hr
AFFECT T}$ F�JrGC: Y, r ?^: I.Mf}47JE At V TtF
UM AND OCClIFAhGY THEREOF.
Ow n kJ� • t.3�
DANIEL CHKI5TMA5
, 1 6
A FAFr.EL OF LAND 51TjAT.ED IN THE OW 1/4 OF 5ECn D,
29 AND IN THEN OF T-E NW 1/4 OF sFCrvaN 32,
TOWNBHIr 10 Cb WEST OF THE GTH
PWNCI PAL 1✓EIVDIAN, COUNTY OF ETTYN, STATE OF
G
CO BtfN MORE t A 9 E FAfRrr LY OE Mo AS
ra-IO+P>
5E61NNIW�AT THE. HEA9T CO M OF SAID NIA NWI/j
'Jr SECTION 32,
THENCE WESTERLY AIDN' THE SDLIRJ LINE OF 9NO
N 1/2 NW 114 750 FEET, Mao= OR LES5, TO THE
JF 51G K NkE UCEEK,
T EKLY ALO.G THE CEI OF 5IG
FEET, MORE ac LEyJ, YJ THE
OF F fSAi AID NI/J NWI /L.
I FI�L W=1 ERLT A� SAID NOKT}i UNE OF 5 10
NIf2Nw /4 OIOFEE -, vorr CLE ' MTHE
`.XY✓ CA3T GORNCR Or A TRACT OF W D REFEKFED TO
A5 TRACT NO G AND FAFTICUIARLY GE I ED IN
WARRVJTY DEED K�OEO N D '1Y AT r• I I
OFTHE FIT<N CLYIrJTY IeFfJ. JS,
THENCE NORRi A1:71JC THE EA<iT LINE OF SAID TRACT G
474 29 rEE" -0 THE NORTHEA5T CORNER DE SA1D
TRACT 6, WH1 F NT 15 COINCIDENTAL WITH THE
SOLRHF 7A C FKNEK OF TKV 5
THENCE NORiH 22 °4&'43' EAS7' 1 4 50 FEET AIDI-C T C
EASTERLY LINE OF 5NO TRACT 5 TO THE NOKFT Air
CLNNER GF tA0T 5 WHUi R011Y7 IS 601n D AL
WITH THE Eul WEST CO EK OF THE SaJTH FNO Or
EOB T LANE A E5A6L�-IED AND DEDICATED IN THE
FILING OF RFJ9 E 1[MYJ-I ACRES S nOI ° NO 3
THENCE h\'JKTHEASTERLY 30 FEET ALONG THE S3J 'r
END OF S41D LANE �THE N THE^7T Y CORNER
THEREOF,
TH ENCE EASTERLY 310 ` .UT, "t ,E Or, _E55 TO THE
CENTER OF 516 KJNE CREEK,
T-IPNCL 5:ZI ML- AONI" E CENTERLINE OF 51G
KLINE CREEL 570 -�T FO�,
nI CI E N/, K_H G5 ° dO'W'EAST ICO5 FEE?, K,IO
MCFIE OK
2 LESS, TO THE EAST LINE OFTHE 5W I/4 OF SAID 5N
THENCE 500TH ALONG SAID EAST LINE OF 5ECn0N 2
1869 5 FEET M THE MINT OF 516 NNIIRG
ti IG9g JH6 913 5 ROAD. FROF
TIW
^00.
A p CubraEO 8f
303 9x5 2688
GC[I KJTO '- ' -
6 17 %ADD C. K CEKT 4 Ct - Y, A"-40WAL, R5CIAIMEiC
E(JILDIt� E
1� 9 LEC;AL E
5 G ovn.�rc+ tEC,AL pEE,cxlr^pN_
N22 &�'3 E /l✓i5O
CLERK & RECORDER'S CERTIFICATE
"'5 GIRL57MA5 .04. REVIEW' 51TE PL.
A,:.EF" ffP FDR FI'_,NC- IN THE CFFCE
- LERK AND f;ECOR(R 5 PITKIN COLN
TH15 D4Y OF 1 !1 t
'XX)K �= AT PAGE _ A5 REC F7 ON
.bR: v:v:.L v JL� � •� y..0
ROAD PROFILE
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ROAD PROFILE
1041 REVIEW SITE PLAN
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