Loading...
HomeMy WebLinkAboutpitkin.planning.2729293000181� 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 R REF. 5/9/1995 B SW DUE: 7/7411995 `.i< rxe. a MTGDAT'E' `.REYBODY PH NOTICED DATE OFFINALACTION: 7/24/1996 µ F F No BOCGF4esb: 96 -5 #389829 No FO no vesting RZ (. - 1 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 � �iY 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 =J70 r„r' 72 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. I � 1 i i 1 JIV / % rn cc i 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,_ �w 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 P Wd on Rery dP.,e .- r j — rl U l/ 1.�� i J L U 1�-, 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.,. u�� J� 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, r .. ..� 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 y r V t)L !,V WHITE -FILE COPY CANARY- APPLICANT PINK- BUILDING DEPARTMENT GOLD- ASSESSOR ATTACHMENT A a ` 1' P , Site Plan Map ., \ r 'rn � h 1 � 7 TggCT QC. EGI FG.S I� �� ; !;I; I AEC. NO• /O /J ]OS • �. p / S I ✓%4 { ' VN , 7J / -� B . .IV / 1 0 II WE ' 88 Yd. OF T11E 6711 PM. �nR 3' I ' uECY- ' w n n n m /V 'e Nl'✓% '/> PREP/1gE0 FROM q Mqp OF RqC PH [, I ' HS PROPE/d Yy Qy pfU5Gg0 yE SU,pVEY /A'G. L'TOQER /7�/97Q /F /L6�7O- /O -0I� PAGE , I' E PvRPOSE OF TN /S MqP /J TO />G >E'.P - CAVE A gE T) ✓EN PARCEL 2gN0 PR6ECL Vccv.BAcY OF T / //S MqP =qN NOT QE 7 /NEO 1✓ITNOU j' A PROPEq F /ELO SUK yEY. „ 1 1 D > , ct V\q_�Aon ^> _ � P.O. Natio a sr-71 . - qPP��"' "^,•�d� \.,,ell �r� . �1..�' ga.Ia' -� p•we�o�pf nln, PO. h d V I N a m j+ O 7 m 0 0 n to O � m rt m s. E , ,^ 'i \:; 4 4LERW000 SMINUS ex :_ ` 1 �•� ATTACHMENT B General Location Map ` --� 1 {. •p_�. A L11 1 I `` I I_\ b ' I'm e$' �1j a ble f • C 41 110Y I I'I d \ 133 ,,I ld•Ir lee L Y ,t.)I J = / l - '�"lV-= _.� YSn � • ,1 Ylwe GANiIEI li - M co MESA CO\%1NIN CO_ — _ ._ . _. iM•VI,I - ffjj t�..•i } II TM 11`•�1 -- II vy • Uri ^ ? ° - � xi. — �` 01 M,fOxI.ICI ra eE"<f, T 1 l 3; RIVER a l 1 Il `' '.1• l:'1 1 <,' NATIONAL " " "'' ; Ju / ISJ le G1A4rySA Cp � 1 � 1 1 1 L. I� 1 .. ..rw: g IV � � 1111 1 � j �?�I. �— '.,, �' ;�I /,� � : ; • fl ', p;•� =, "� , it .L �`- <:..,A,.'m'.. NATIOR �! L \ ; ,.1' AP���E•' -arc. � >`• ao -ten t — i1� .I^ - i� `\•( ..«. ,.d' 'IMxN 9EE slrowMnss Pve�P t�' St .Spl,, , it I / •„ f y "Sr ''s>r �• s l .`q _I /ienf��ni.. Um 1� ' y' „•” •NILOERNESS _`,. °, ./ rnxl c0 Tell r� F OR ES'f I ,_..__ \'/ /. 1 1•. Imo.\ - 'IQ , � ,,.. s „i,.., _,,t�;.i 1 ' — ' II` ppL! 1, V l / J N•m I •• � I 1,,, Mhwy4i I 1, 1 4• /:III ' 1 ri ._- 1 I I i 4 •' Y L 1 I� \ yee'l 4!r•' It s Iz l e I \` IAA Lla jl •`ww ._N u I 1 I , \ WILOEIINESS e dM • f' 4 / 1 ' — ' II` ppL! 1, V l / J N•m / Ali 01 ) 1 V ty W �1 yl eQ � i h • K V Vi 1 ff 4� O N n \ o � e t• 4 �4 to � l k ��ti_'U U ipT + 1 lr r r J" i1A 6�T i Sri � ii , r � Y rXn- ... e LL ' � 1 p �w w urur w� I t 1 1711 iiii - - - -- it r r � u r i Sri � wwrrei �w .�av,w J..' S .. rr�w• ww.w " G�. YON X3.9 ��.3 wwrrei �w .�av,w J..' h .. rr�w• ww.w 's . • A y� y h a� 2 ,C �m O ,m rl Z 2 �a m I r i 1 < - ATTACHMENT C - LIST OF ADJOINING LAND OWNERS U.S Forest Service 606 Hallam or Aspen, CO 81611 Randy Boik 201 Raintree Trail St. Augustine, FLA 32086 U.S. Forest Service 620 Main St. Carbondale, CO 81623 Robert & Betsy Wedemeyer 361 Bison Lane Carbondale, CO 81623 James & Joy Ziegler 725 Vine Denvor, CO. 80209 Dr. Edward James Bertagnolli 3081 Oak Street Lakewood, CO. 80215 -''8 W F z W x V F F ro la 0 U r N a L;_4 0 ro v N Ca <n v 3 O W O R, O U t N 7NN 13 '45 174:�5F� 'IT!IN COIJNT'� GOVT, 11 'i d 12 : P PVr, to iAGE av Sur w 'orw �t .. .. ... ... .. ....✓ ...... ...... ... • it,mrpefan v......, A: a • • � •�' 16011 'i$# 11114F #1<'F• .. .... R.eordan 7. U `,.' U I 110 C3 It Q Q Q 1 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 f rf� i 3 i 1 i i :;... .. ••` ,. 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 i f I 0i1 L!']•n -o l .nj7U ru, 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 -� �J+J 1. Uy �'a �.. �.} <+ rt...:. es: .o..a ::±.o..s y b:7� rt :�..o..a Zo- .a b= .a..•: 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 J J .., 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 „` JJ jI ?''2 � "is" 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— " `� ^ 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.. I'rn'idrul 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 K A..wuiahr: Alfi .lndxt nt.un land Ib 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 wlkV V, o.,,c rh {,�, Iwo kOVsc- Sfu 6#4 r 644, � c I wak u , 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 no- •Om O m mA75 v v =f b �3 m = - ° n oaR n� ^ z N $3e� o nA ^a ° 5�cj `$A]' ma°Me 1a o.$a� m.$ m3sAm3 °+n9ann33A�S R m . P n" °. Q °�� � �� ^ s- n oE � 7 s SN -8' ='S eiRv ym n ; R ^ n� 8 5no�mA' a2 3 S$ >o� " e a� A � a a Qm Ao � � n1 s 50 g q •< O ma aj d90yA pN Ti �aAn KO £0$663 p9n nF NOa �Snpm�ay� c a an SZ ijc pc =^ ^5> 'n0i B w =R O s O s - ` b ' i N 9t»Q3 sn $ n ° Sad a "c = a ma S >m ' 'o ^ � �y m O n n Ca °ni qr2 .<n ° ^o° p nn o._ jAZ M A a! o`Oia m R _ O 3 ie �°o a = mp�?2� n °31e!oy mO aaa".CM00,0 x yne ` n 30 - 3� �Re`3 S ni xz_gmm - n° Og _SW �mOOaz R 5 ° + z °"'� qo o mAC PTppn n�c mo_� P... a' . Rio qy ° °p9 °�$m y - £:T•iio °iu °��mA wn zn Z m8y'"$ -3oi a 6 T . _ o $Yaq`�n e ^ � _ d 3 a Z.o3?.R S'g ° w � oa q n p p3 ? EC « O _ enm - O n av �o_ F ^ ^ n3a �o3 ° c33 R �i� �° Wi ° A � 3 m T n 6nS C R ms - - Na >A '� Inc 6 '.ww:n S£ off ;qF 3 ° ° •° I TT � ° A"' ° o ^3 e Q roa ` E�^ z $ o� 5 iOo�nES o.i y ° m La gsFa=33 oT o'A o n of « n3 3aA- .fin 3 fwmaan °W= _�amia� t'S-sxa_ 3 I m a O ° Q 5 z b gg o i p O T $y °C�3�esaz z �° Q � `d' � s oo a3 g - 3 = A a R S Q�n?°B 3S O� ° °a yy NC C 13 e " T b o n 3 ^3?:on aR'cmR m 3 a 3�$c m3 n s m_ �o�� nc Lj 1i' �gypg3 �a�A ^ �Ro _ ea 3 " D.. m o o- -z u £m- `�+ ^ n'3n rm . a -in �� �' ��n8 n•am imoiyg3a 3 nflZ R T 23 .e 5p°� ax "nC g nnn ^ n'an5 ^ p3ymm N3 :3o °5 ° -SnmRZ Q Qn nnoE °p_q 5 ^m_ Q Rnno: -no $n6:9n mn -?n w n aga °< `b"b �nE` a - Q' O - � a acn c 26 °d w0�~i'1{ xSue md;pyon >3ai .- �Nmn�y�av ao.tiRG a 5o a n o s ngmQnn -i �1 ,9 n - a <m-inn TS�c�o. n- 1°a�_3m nd$aR o a o a Q �o �ODOxOO Qn e^ oa .Oil mi 9 W GY CI ^ �P e y- ZO O n Se6 o r _ "X ^ • n y ay3• n =-L O «n ° ^T zC3O -Emv -, VeO�:53aC. m Q >n <Y�n2� mz;y� $� 3' , ° pnm '•' `w < " e- 5a°N>•n ngT noSs o p $ ° p o ^ n °o �n [j p O NZ °"'d$� -1 . e.om^ o og ap, _Wa o 3 g�22OO u y - Z2 T. rn mS ° ^ "c S3�� °" Z no.« � zm MO- 3 O e nS ° s wQ S S ^ ny^ j om uo C� �m He �A "8 . - sRw -s :e ° - sw ° nanG rA;AmO rt�i o'-F Riin m •`vT �-SY E . R. " -m P n nOn cc g ^ O_w5 y m Qw �- c pQ`m- 3 Lnn�r n av_3 n r r1 2 o- < +� = r � m < _ p c n ° mO s i Gm " no_O p noon < °c NA mn9g $nX.<o OOyJ -i ° 5 s ` -9 n3 °'tv � - 1 dace n D y mR'ye uRr ?$ 0 • T A O = u.`e -m nO 6A d -1 Oa i ^� o2e•X uR :`n� 4R :GAO" S p 2 mn O =on �Sn �o - =mea m w °ioo�u� ;.Lq'S o :ve ^ " m _ -9 � v i O ° nn�On n' " ^ 1O �S g T zd n ° p + A'8S °" z aoco mS:pcS ?•<° _ naQ °. X $06- en iRs $P Roo n `ToI sn ° » ^ E ° p S 3 ° O� y Dm i�i i n a6C snuar RW3. $ vnnt -SK gT � mSw C-vmon Snmm$ ££ n -snffan ^aaln 5 `O � 3 n$ o no, w ,a 3 �a�am" i w° £S' Ta'11 vO nE Son 3 no m8 ° n3 v$,�L' d-°c nO n n .^ a ^ q oo � Ra 9 agq33 R1ioaaa j9 £or5g ?� R$n Fir 7A Av £RS�a o. -tT yAfj< pica O9p�o0�;a3^ C °m ZR� m .o aCn "O u 0 n 0 n oana�nG3] -In ^34,4 n£ c ° ° = oa ^ ssn 3 mR n a 2 O� rA nS y W o aD3 n _F�- ig �c ^ oo"no A ° -$-' m o n3n ° � _memn nn N�E o. °ne a�E "9nvmo�s3� 1 nn° '<' ^« 2•ea na n•s - � -O 'm wo a _ y O 1CCJ ana �•< RO�"aR. Om ° n ° J mmO ° ^," 5 i ea9 Smm6O anm^ TOnu ^m ^ aa� • - n � m ].� =n m'mR c$y o:m ^ ^ " t�� m _m A �ncgamnmSE �c ^ m ° «wC = _� z a d xR = rSmioS;.ap n.°. =a1nr �o n ?_. o'mn o.. -n s8 " O mo= >•�Aq «° m R°9 w S - n � c <- T° n 'o ^_2 nn ^2�.. o�A$ESTn �n9m= • S.e _n d e m �, .. m]9 n<a:S onT ° n •< ig ° 3:3 ti - °R s3 ;2 .s n - C ew 3 Ra , S oE� 3• « as -o. -m O n n San n °a: =ad : Ig o yo��T pTn q'B.. o' "4� +_ g ° L"dc�a SOr�< i�v o' A3 ^_ n °O ER�°an g0 a a a a C)° R•99 Wm Y ^_N Se p^ n OO�n n`< °A n_ awn 5 n nNW _ y6 O wo �OeR y °3 06a = °a ° on' •<yan T ° O�:n m s aQ5 3 x<r - - ;rn ^c no ? -a �_,o -a o mm'oQ as , 0 . ;,F n N�nmam.:R..o s ^nQ- �'.�sg -om mE E 5naa mn e 'n 3a- Om p - e - •n , n oo3 .R ^- � .t. m:<$ p in by 33 a3nE '<gniem mam 3 " •' °J; S 'r ° s -m O on. ratio- 4mr n n .� ^o R s ?e n1p a. u n ° �?i E;, su ^ n$3.« mas$iim:m "n �F Flo n ve. nT_ o.nab O3 O 3nanan of nn -1 m »-i n pQa c o em '1 r 1x x ;cx 5 nSa < n£ a ".� � n g � - pp i m > I t [ v um9 nn =mn fi nm3 D A 00 •9 aA �m ^ma � y m ACm . ��nnEEmn>E eg3, <�e�$9. s O0A2n ti<ZsZ 'a ovjan eSna o.�Q a S•m °p 3n on 0 p m 5 SAS: 3g A? T 2 SQYa noS:mS C>i 9$ n 5as3 e a - nn33.r 9 eav9_ z* >.4 znv .o Y yg °. - ^_'< °• a nos a2a w (nu m 2onnC ivm ° < R SRo mm - 1<00.. - n na t nE n M 3 4<00- QQn ^_^ s^Smn N [ n n AOan°J . t�s�R� maSn_y ,S HE 2OOAz na a0 dS'oo - ^_ OAS�m CC Sim n n9 Q = r ud/ n j�OpW am o R p ' Q R �a RTm 5 ' ° 3 -N 3 di ^s `!m a sSnsn s« ° oos R. nwn$3 n osnxa -C'a r$a nn on Nimn m $ a° 'm S° N ° o F Z r(m S,e ea n Rn B�a=..a n n O:E�o n =R3 ea"2 n a "nm o_e' -"�4 =son _pa$3 an a5 ° a $.'.c �d�3 Or5 5 n 3 Wm n R] O = n . y t =pnN G =? nom q 9 ,�•< 'BaBn xge °' xOj �S'sn "an:�rt a7. c ._e5- ° ° aon. Oe] o. °. n _co - 4 3 3 = °6Rd n_CAyy`i ;; . nmnF Q3$ n n -S n•m_i � a_3n� n�y+ n rm. O - n 5�ga�An i °c a Sn ,mz a M a rm C7 A te■ I O CD ti m 3 3r N a y A H 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 �I I � I l 1 m 'V -S3 AREA ��aa1 1 8 N �t i / 1 / L V Alpine Surveys. kv. 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 I I I I I I . 1 �EK 1 I 10� j NG 1 GtsT[t _J I I I I I wArc3 � 4er ' I C.eCC k<S I I I ' I I i 1 I I 2c /G 5- IOC ,JC c CABIN 5 ME L V Alpine Surveys. kv. 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 I I I I I I . 1 �EK 1 I 1 GtsT[t I I e eo � I I I wArc3 � 4er ' I C.eCC k<S I I I ' I I j 1 I I P.4�PERJ I rAOIE 7 r I I i I I i I F2 1 I I .bR: v:v:.L v JL� � •� y..0 ROAD PROFILE 1041 REVIEW SITE PLAN Y 5/7"25 C1'Ar,)11 51TE Aj 1, , ti , , , , f "' / �- Vmwa'vq 1a WXU " N'T P ' 1 11 It J, 1 „ )l kdAID IOJ F"'IM[w ,I II I"", C ' LAH COIS,Q- pocv�-q-��