HomeMy WebLinkAboutpitkin.planning.246727302001 (2)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 copies (IIxPn
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6 PAR
"CASE
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PROJ ADDR: 0333 Sn0wmass Crk Rd Lot 1 D,,ks `
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DUE: 7/30/2001
OF FINAL ACTION:
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
PITKIN COUNTY, COLORADO, GRANTING APPROVAL TO KARY DEAVERS FOR A
SUBDIVISION EXEMPTION FOR A MINOR PLAT AMENDMENT
Administrative Decision No. 01 a - 2001
RECITALS
1. Kary Deavers ( "Applicant ") has applied to the Community Development Director of Pitkin
County, Colorado, ('Director ") for a subdivision exemption for a minor plat amendment to locate the
driveway that will service all improvements on the property to the north end of the property within an
easement granted from the adjacent neighbor. The purpose of the driveway relocation is for safety reasons
with respect to ingress and egress onto Snowmass Creek Road.
2. The property is located along Snowmass Creek Road approximately 1/2 mile past the Snowmass
Conoco, and is referred to as Lot 1, Dickson Subdivision. The property is more specifically described in the
attached Exhibit A.
5. The Director finds the request is consistent with the requirements of Section 3 -190 -080, Subdivision
Exemption for a Minor Plat Amendment, of the Land Use Code.
NOW, THEREFORE, BE IT DETERMINED by the Pitkin County Community Development
Director that approval is hereby granted to the Deavers Subdivision Exemption for a Minor Plat Amendment,
subject to the following conditions which shall run with the land and be binding on all successors in interest:
1. The Applicant shall submit an Access /Driveway Development Permit for review and approval by
the County Engineer and Zoning Officer. The access shall comply with County standards outlined in the
edition of the Asset Management Plan in effect in effect at the time of issuance of the permit. The
Applicant shall submit the following with the Permit application: a plan and profile of the proposed
driveway, a Drainage and Erosion Control Plan, and revegetation plan and bond guaranteeing the
successful completion of the project.
2. Within 15 days of the date of approval of the Access/Driveway Development Permit, the existing
driveway shall be removed. The Applicant shall submit a plan for the removal, rehabilitation and
revegetation of the existing driveway along with the Access/Driveway Development Permit.
3. The convex mirror across from the existing driveway shall be removed
4. No additional structures or appurtenances shall be installed within the County road right -of -way
without the proper permits. Any work required within the County road right -of -way requires a permit.
5. Cottonwoods greater than 3" DBH that are removed or damaged by the installation of the
driveway shall be replaced on site within 30 days.
6. Development of 30 inches above or below grade within the required property setbacks requires
approval of a variance by the Board of Adjustment, including driveways.
of 2
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DAVIS SILVIR PITKIN COUNTY CO R 0.00 D 0.00
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Administrative Decision No.Q - 2001
7. All development must comply with the provisions of the Pitkin County's Noxious Weed
Management Plan.
APPROVED ON THE AL�\ � O f F AUGUST, 2001
�w Ct 457389
Cindy Houben, IIIIIIIIIIIIIIIIIIIIIIIIIIII I III II IIII II Page: 2 of 2
Community Development Director 08/09/2001 04:19P
DAVIS SILVIR PITKIN COUNTY CO R 0.00 D 0.00
Case 4 P113 -01
246727302001
MEMORANDUM
TO: Cindy Houben, Community Development Director
FROM: Tamara Pregl, Planner* 6W
RE: Deavers Subdivision Exemption for a Minor Plat Amendment
DATE: August 3, 2001
SUMMARY OF REQUEST: The Applicant is requesting approval to locate the primary driveway that
will service the primary residence, caretaker dwelling unit and detached garage to the north end of the
property within an easement granted from the adjacent neighbor (Old Snowmass Corners Partners). The
purpose of the driveway relocation is for safety reasons with respect to ingress and egress onto Snowmass
Creek Road.
APPLICANT /OWNER: Kary Deavers
ZONING/LOT SIZE: The property is zoned AFR -10 and contains approximately 22.298 acres.
LOCATION: The property is located along Snowmass Creek Road approximately 1/2 mile from the
Snowmass Conoco. The property is known as Lot 1, Dickson Subdivision.
BACKGROUND: The property was part of a 50% Density Reduction Lot Split approval granted by the
BOCC pursuant to Resolution No. 88 -138. A Major Plat Amendment approval, pursuant to Resolution No.
98 -97, was given to Lot I for the purpose of amending the building envelope. The site plan was recorded in
Book 48 at Page 50. Special Review for a detached Caretaker Dwelling Unit was granted pursuant to
Administrative Decision No. 62 -2000. A subdivision exemption for a minor plat amendment was granted
pursuant to Administrative Decision No. 58 -2000 for the purpose of correcting a survey error of the north
property line. A new survey identified the northern property boundary line to be approximately 57 feet
farther north than what was represented on the site plan recorded in Book 48 at Page 50. An amended site
plan was recorded in Book 54 at Pages 86 -87.
REFERRAL COMMENTS: Referral agency comments are incorporated throughout this memorandum,
and are attached for reference.
ANALYSIS OF PROPOSAL
MINOR PLAT AMENDMENT:
A subdivision exemption for a minor plat amendment may be permitted subject to compliance with the
standards in Section 3- 190 -080 of the Land Use Code.
u jL:1U3
Deavers Minor Plat Amendment
August 3, 2001
Paee 2
A. The amendment must not change the use of the proposed development between residential,
commercial, and tourist accommodation uses.
Response: The amendment will not change the use of the proposed development. The Applicant is not
requesting a change in use.
B. The amendment must be consistent with action taken during the review of the original
development and does not constitute a new land development activity.
Response: The proposed amendment does not constitute a new land development activity. The
Applicant is requesting the proposed driveway for the purpose of safety. The existing driveway is steep
and lacks sufficient visibility of on- coming vehicles on Snowmass Creek Road. The new driveway will
provide adequate visibility, will have a gradual grade that meets county standards, and will provide safety
to the applicant and other vehicles that travel Snowmass Creek Road.
C. The proposed activity does not:
1. Change the basic character of the approved use of land on which the activity occurs
including basic visual appearance and method of operation;
2. Increase off-site impacts in the surrounding neighborhood;
3. Endanger the public health, safety or welfare;
d. Violate any Land Use Code Standard;
5. Substantially increase the need for on -site parking or utilities, or affect affordable
housing generation; and
6 Increase the floor area of the use by more than two (2) percent or decrease the open
space on the site by more than three (3) percent.
Response: It is staffs opinion that the proposed activity does not change the basic character of the
approved use of land nor does it endanger public health, safety or welfare. In fact it improves the safety
of the property owner and the vehicle users of Snowmass Creek Road. In addition, the proposed activity
does not increase the need for parking, utilities or affordable housing generation, nor does it increase
floor area or decrease open space.
ADDITIONAL COMMENTS:
Access/Driveway Development Permit: The Applicant has submitted a copy of an Access/Driveway
Development Permit for the proposed driveway with this application. It is staff s understanding that this
permit has not been actually submitted for review and approval by Zoning and the County Engineer,
except as part of the land use application. The copy of the Permit within the application needs to be
submitted to the Building Department with the appropriate fees and with the appropriate information.
30 Inch Rule: Any development within the required yard setbacks 30" above or below the natural grade
requires approval from the Board of Adjustment, this includes the new driveway. The Applicant should
In
Deavers Minor Plat Amendment
August 3, 2001
Page 3
contact the County's Zoning Office for the Board of Adjustment requirements if approval from the Board
of Adjustment is required for the proposed driveway.
Vegetation: Jonathan Lowsky, County Wildlife Biologist, has reviewed the proposed driveway location
and has indicated that if any cottonwoods greater than 3" DBH are removed or damaged by construction
of the driveway, they will have to be replaced on site within 30 days.
Existing Driveway: There is an existing driveway that currently services the existing improvements on
the property. Staff is of the opinion that upon the installation of the proposed new driveway, the existing
driveway shall be removed. Bud Eylar, County Engineer, has indicated that within 15 days of the date of
the issuance of the Aecess/Driveway Development Permit the existing driveway should be removed.
Staff has spoken with the Applicant, who has indicated that two weeks after the Access/Driveway
Development permit is issued is sufficient.
STAFF'S RECOMMENDATION: Staff recommends that the Community Development Director grant
approval to the Deavers Subdivision Exemption for a Minor Plat Amendment, subject to the conditions in
the attached Administrative Decision.
ATTACHMENTS:
A. Administrative Decision
B. County Engineer
C. County Wildlife Biologist
D. Zoning
E. Snowmass /Capital Creek Caucus
Site plan and application are attached separately.
'A1. Pregllw. uMaven W 11rhnn PlannngJrom the AA Pregl hm heai xwkmg with Prtbn CnmiN Cnmmnngv DeveloMen it Delwrlmenr m u Ptarmer
for 3 H, yeun
MEMORANDUM
To: Tamara Pregl
From: Bud Eylar
Date: 7/31/01
Re: Deaver Drive
ATTACHMENT P)
Tamara, I have the following comments.
♦ I would recommend approval of the proposed new driveway. The applicant will be required
to obtain a new Access/Driveway development permit before the start of construction.
♦ The following conditions need to be met before an access will be reviewed.
The applicant shall submit a plan and profile of the proposed drive
The applicant shall provide a Drainage and erosion control plan addressing the
construction of the drive.
The applicant shall provide a revegetation plan and bond guaranteeing the successful
completion of the work.
♦ The applicant shall remove the existing driveway at 0330 Snowmass Creek Road. The
removal of the existing drive shall be completed within 15 calendar days of the date of
issuance of the Access/Driveway Development permit. The applicant shall submit a plan for
the removal, rehabilitation and revegetation of the existing driveway.
♦ All dead and dying trees planted within the county right of way shall be removed.
♦ The convex mirror across from the 0330 Snowmass Creek Road drive shall be removed.
♦ NO other structures or appurtenances shall be installed within the Pitkin county road right of
way without the proper permits. ANY work within the Pitkin County road right of way needs
permits
u�.JP;�IUu
ATTACHMENT6
om
Jonathan Lowsky, 03:29 PM 7/31/01 -0600, Deavers
From: 'Jonathan Lowsky" <jonathan@ci.aspen.co.us>
To: "Tamara Pregl" <tamarap@ci.aspen.co.us>
Subject: Deavers
Date: Tue, 31 Jul 2001 15:29:04 -0600
X- Mailer: Microsoft Outlook IMO, Build 9.0.2416 (9.0.2911.0)
X- MimeOLE: Produced By Microsoft MimeOLE V5.50.4522.1200
Importance: Normal
The new driveway alignment proposed in the Deavers Minor Plat Amendment will
not have significant impacts to any ecological resources on the property. The
proposed alignment should not require the removal of any trees. If, however, any
cottonwoods greater than 3 are removed or damaged by construction of the
driveway they will have to be replaced on site within 30 days.
Jonathan Lowsky
Wildlife Biologist
< ?xml:namespace prefix = o ns = " urn: schemas - microsoft- com:office:office" />
Pitkin County Wildlife Management
76 Service Center Road " Aspen, CO 81611 " 970.920.5395 " Fax 970.920.5374
Printed for Tamara Pregl <tamarap@co.pitkin.co.us>
1
ATTACHMENT
ASPEN/PITION
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920 -5090 FAX (970) 920 -5439
MEMORANDUM
TO: Zoning
Wildlife Biologist
FROM: Tamara Pregl, Community Development Department
RE: Deavers, Minor Plat Amendment
(PID 2467 - 273 -02 -001; CASE # P113 -01)
DATE: July 10, 2001
Attached for your review and comments are materials for an amlichtion submitted by Kary Deavers.
The Pitkin County Community Development AdministratoK.
Please return your comments to Tamara Pregl by Monda �, July 30, 2001.
PLEASE RETURN APPLICATION MATERIALS To CA1 (UNITY DEVELOPMENT IF YOU
HAVE NO FURTHER NEED OF THEM.
Thank you,
Isabel Calderon
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Tamara Pregl
Pitkin County
Community Development Dept.
130 S. Galena St.
Aspen, Colo. 81611
" ATTACHMENT
7/19/01
Dear Tamara,
The Snowmass /Capitol Creek Caucus has reviewed the
minor plat amendment submitted by Kary Deavers. We are
familiar with the site and the issue.
We do not object to the relocation of the driveway
further north or downstream as long as there will be no
additional trees removed and that revegatation is required
after construction of the driveway. We would urge the
County to require as narrow and simple a driveway as possible.
This will provide a safer access to the Deaver
property, although turning left onto Snowmass Creek Road
will always be a safety hazard.
We definitely want a guarantee that the existing
access be eliminated and that revegetation occurs.
Johnathan Lowsky's comments should be considered
seriously. All of this reparian corridor should have never
been developed_:. Any further application should be care-
fully considered or denied. This should apply to all
riparian corridors in Pitkin County and should be addressed
in the Land Use Code.
Thank you for giving the Caucus an opportunity to
comment.
Sincerely,
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JUN -12 -2001 TUE 01:bu P11
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ASPEN/PIITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of Pitkin County Development Application Fees
1 . UU/ UO
PITKIN COUNTY (hereinafter COUNTY) and )� `'Y DEA "W
(hereinafter APPLICANT) AGREE AS FOLLOWS:
I. APPLICANT has submitted to COUNTY an applicatio for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinances
No. 98 -7 and 99 -37 establish a fee structure for Planning applications and the
payment of all processing fees is a condition precedent to a determination of
application completeness.
3. APPLICANT and COUNTY agree that because of the site, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application, APPLICANT and
COUNTY further agree that it is in the interest of the parties for APPLICANT to
make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT. APPLICANT agrees he will be benefited by retaining
greater cash liquidity and will make additional payments upon notification by the
COUNTY when they are necessary as costs are incurred, COUNTY agrees it will
be benefited through the greater certainty of recovering its full costs to process
APPLICANT's application.
4. COUNTY and APPLICANT fuuther agree that it is impracticable for
COUNTY staff to complete processing or present sufficient information to the
Planning Commission and/or Board of County Commissioners to enable the
Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior
to decision.
JUN- 12 -2oul 111E ul:bl Plt rHx nu. r, utfiuu
5. Therefore, APPLICANT agrees that in consideration of the
COUNTY's waiver of its right to collect f fees prior to a determination of
application completeness, APPLICANT shall pay an initial deposit in the amount
of S which is for hours of staff time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
COUNTY to reimburse the COUNTY for the processing of the application
mentioned above, including post approval review. Such periodic payments shall be
made within 30 days of the billing date. APPLICANT further agrees that failure to
pay such accrued costs shall be grounds for suspension of processing.
PITKIN COUNTY
Cindy Houben
Community Development Director
:AwpportVermft6rWyVt.dee
APPLICANT
Print
Signature
Date:
Mailing Address:
14) �-)K SG`
SNW A ' s U F 16 sy
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IM
KARY DEAVERS
July 9, 2001
Tamara Pregl
Pitkin County Planning Dept.
130 South Galena Street
Aspen, CO 81611
Dear Tamara,
Attached herewith are seven complete copies of my application for a Minor Plat Amendment. I
am requesting minor change to my prior approvals based on the previously discussed survey error.
When the 1041 submittal was made three years ago, it was based on a survey and fieldwork
indicating property corners. We have subsequently learned that the northeast property corner is
more than 100 feet further down Snowmass Creek Road. Additionally, we have obtained an
easement from the property owners to the north. This combines to afford a significantly safer
access to the property.
As you know, when we made our original application, we could not locate the driveway firrther
north without having to remove a tremendous amount of existing foliage consisting of
cottonwood trees and willows. With this new plan not one tree will be removed.
Per our onsite meeting with you, and Mssrs. Clark, Eylar and Loewski, we agree to remove the
existing access approved with our 1041 and revegetate with similar materials as exist on the berm
upon construction of the new driveway requested.
Thank you for your help.
333 SNOWMASS CREEK ROAD
BOX 569 SNOWNIASS, CO 81654
,jui,;li2
Telephone 970-927 -5000 Facsimile 970 - 927-7660
ACCESS EASEMENT DESCRIPTION
A PARCEL OF LAND -SITUATED IN TRACT 74, SECTION 27, TOWNSHIP 8
SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
PITKIN, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT ANGLE POINT 3 OF TRACT 57, A G.L.O. BRASS CAP,
FOUND IN PLACE; THENCE S 58 °48'03" E 840.54 FEET TO A POINT ON THE
EASTERLY LINE OF A PARCEL OF LAND DESCRIBED IN RECEPTION NO.
218128 OF THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE, THE
POINT OF BEGINNING; THENCE S 07 °49'36" E ALONG SAID EASTERLY LINE
150.00 FEET TO THE SOUTHEAST CORNER OF SAID RECEPTION NO. 218128;
THENCE S 88 0 13'24" W ALONG SAID SOUTHERLY LINE OF SAID PARCEL OF
LAND DESCRIBED IN RECEPTION NO. 218128 100.00 FEET; THENCE LEAVING
SAID SOUTHERLY LINE N 07 0 49'36" W 150.00 FEET; THENCE N 88 °13'24" E
100.00 FEET TO THE POINT OF BEGINNING; SAID PARCEL OF LAND
CONTAINING 0.342 ACRES (14,916 SQUARE FEET), MORE OR LESS.
kAwp\2000 \600\738AccessEsmntdoc
_7
923 Cooper Avenue 14 Inverness Drive Bast, Ste B -144
U i'l `] Glenwood Springs, CO 81601 BngGwood, CO 80112
l J phone 970 945 -8676 • fas 970 945.2555 phone 303 925-0544 • far 303 9250517
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RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
Ronald Garfield, Esq.
Garfield B Hecht, P.C.
601 East Hyman Avenue
Aspen, CO 81611
ACCESS AND UTILITY EASEMENT
This Access and Utility Easement is made this 23rd day of April . 2001 between OLD SNOWMASS
CORNERS PARTNERS ( "OSCP ") whose address b P. O. Bose SS7, Aspen, CO 81611 and KARY H. DEAVERS
( "Deavers") whose address is P.O. Boa 569, Snowmass, CO 81654,
RECITALS
A. OSCP Is the owner of certain real estate footed in Old Snowman, Colorado legally described In Exhibit
"A" attached hereto ( °Obi Snowntm Comers Property").
B. Deavers is the owner of certain real estate adjacent to the Old Snowmass Corners Property legally
described In Exhibit "B" attached hereto ( "Deavers Property").
C. in order to provide access for vehicles and utillft from Ohl Snowmass Road to the Deavers Property,
OSCP has agreed, as more fumy set forth below, to grant and convey to Deavers an easement over and
across a portion of Old Snowman Corners Property.
WITNESSETH
IN CONSIDERATION OF THE PAYMENT OF FIVE THOUSAND AND NO /100 DOLLARS ( #5,000.00) paid
by Deavers to OSCP and for other good and vahtable consideration, the receipt and sufficiency of wMch b hereby
acknowledged and confessed, the parties Intending to be (awfully bound, area as follows;
Grant of Easement OSCP hereby grants to Deavers, for the use and benefit of the Deavers Property a
permanent, perpetual and exclusive easement upon, over and across terrain real estate legally described in
Exhibit "C" attached hereto (the "Easement ") which Is pars of the Old Snowmass Corners Property. The
Easement herein granted shall be for purposes of the construction, InstaWon, Improvement, mahuenance,
operation, repair and replacement of: (f) a private driveway for vehicular and pedestrian access to and from
the Deavers Properly, including, but not limited to, grading, surfacing; paving, snowplowing, dust and/or
erosion control, drainage, culverts, signage, lighting guardrails, revegetation, landscaping, sprinklers, entry
gates or other entryway features and other Improvements or activities Incident or related to any of the
foregoing and (fi) underground udides and utility extensions or services and upgrades thereof, Including, but
not limited to, gas, electric, cable and fiber optics and all other utilities, whether or not specifically
mentioned herein, Including the right to Install and maintain on the surface thereof pedestals, transformers,
vaults and similar equipment or Wicks Incident or related to any of said utildes.
2. Right of OSCP to Tan On . With respect m any gas line that Deavers may cause to be installed within the
Easement to serve the Deavers Property, Deavers agrees, at his expense, to cause the tine to be sued so as to
be adequate to also provide standard residential service to any single-family resldence that may be
constructed on the Old Snowmass Corners Property acrd any owner of the Old Snowmass Comers Property
shall have the right, at OSCP's expense and in compliance with all applicable utu ty company or
Uu(:.114 governmental regulations, to tap onto said gas line, OSCP shall, at its expense, promptly restore or rep*, as
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applicable, any damage or disturbance to the Easement or Improvements thereon as a consequence of the
tap on.
3. As built DeKdption Within one (1) year following construction of the private driveway described In
Paragraph t above, beavers shall cause to be prepared by a licensed Colorado surveyor, a precise, as bu%
legal description for the Easement which shall have a width comlsting of the actual srsrface of the driveway,
Plus ten feet (101 on either side thereof. When such legal description is prepared, the parties shall enter
Into a supplement to this agreement In recordable form substituting the as-bunt description for the Exhibit
C description.
4. Re resentations of OSCP. OSCP represents and warrants to Deaver$ that OSCP Is well seised and has good
title to the Easement, he and dear of all Item, tastes (other than property taxes for the calendar year
hereof), encumbrances or other matters that could Impair or rank the use thereof by Deaver$ or any owner
of the Deavers Property and that Deavers and any owner of the Deavers Property shall have quiet and
Peaceful Possession and use of the Easement for the purposes set forth herein. The undersigned represent
that the name Old Snowmass Comers Partners is a name under which the individuals named below are
transacdng bushmm and, in furtherance thereof, slat, simultaneously with the execution and delivery of this
agreement, complete, execute and deliver to Deavers the Amended Trade Name Affidavit attached hereto as
Exhibit "D ".
5. lndettmity and Imurana Deaver$ (or arty subsequent owner of the Deaver$ Properly) agrees to protect,
indemnify and hold formless OSCP and asry subsequent owner of the Old Snowman Comers Property from
and against arty bus, damage or taints, Iecluding reasonable attorneys' fees and costs arising out oh (1) the
use of the Easement by beavers (or any subsequent owner of beavers Property) a his guests, at",
successors or assigns, which indemnity shag Include, but not be limited to, injury or loss to persons or
property and (ii) any mechanla' Ikn clahns for unpaid labor, services ar materials incurred by or on account
of beavers (or any wbuqueM owner of the beavers Properly) by reason of the use of the Easement for the
purpose$ set forth herein. Oeavers (or arty wbseghueM owner of the beavers Property) agrees, commencing
with any use of Me Easement, to obtain, at his eupeme, and thereafter, keep in full Force and effect with a
reputable: insurer, general public liability Insurance for the Easement with a limit of not less than
f 1,000,000.00, which policy shall name OSCP (or any subsequent owner of the Old Snowman Comers
Property) as an additional insured and shall provide OSCP with proof of such Insurance. Such policy shall
Include a waiver of subrogation from the insurer and Deaver$ does hereby expressly waive all rights of
subrogation. Notwithstanding any provision hereof to the contrary, the 14bffty of Deavers (or any
subsequent owner of the Deavers Property) under the foregoing indemnification shall be limited to dalms
arising during the ownership thereof by Deavers (or In the case of arty subsequent owner during the
ownership thereof by such subsequent owner) and no beneficiary of the foregoing Indemnification shall ever
seek to obtain any personal judgment against Deavers (or any subsequent owner of the Deavers Property) but
shall have recourse solely to the Deavers Property in order to satisfy any claims arisirhg under the foregoing
Indemnification.
6. Notices Notice$ that any party to this agreement shag desire to give shall be sent by mailing the same
certified mail, return receipt requested, postage prepaid, addressed to the party at the address set forth
above or such other address as such party may designate or to the last known address of such party as shown
on the records of the Phkin County Treasurer. Unless sooner racelved, notices hereunder shall conclusively
be deemed received three (3) business days after the date of certification.
7. Miscellaneous
a. Saverabifity. Any determination by any court of competent Jurisdiction that any provision of this
agreement Is Invalid or unenforceable shall not affect the validity or enforceability of any of the other
provlslons hereof. Where any provision of this agreement is declared by a court of competent
jurisdiction w be unconscionable, this agreement shall automatically be amended by the insertion of
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a new provision as similar thereto as practicable, but which would not be unconscionable, invalid or
unenforceable.
b. Amendments This agreement may not be amended, nor may any rights hereunder be waked,
except by an Instrument In writing executed by the parties hereto and duty recorded In the real
estate records of PkIdn County, Colorado.
C. Further _ . The parties agree to perform such further acts and execute and deriver such further
agreements or other documents as may be reasonably necessary to effectuate and carry out the
provisions of this agreement.
d. Rule Against Pernetrtitles If any of the terms, covenants, conditions, easements, restrictions, uses,
tknhations or obligations created by this agreement shag be unlawful or vold for violation of, (1) the
Me against perpetultles or some analogous statutory revision, (g) the rule restricting restraints on
alienation or (111) any other statutory or common Taw rules Imposing like or similar dime Ibnits, such
provision shag continue only for the period of the Ives of Kary H. Deaver; or Catherine S.
Thompson, their now living descendants, and the survivor of them, plus twenty -one (21) years.
e. Colorado Law The interpretation, enforcement or any other matters relative to this agreement shall
be construed and determined in accordance with the laws of the State of Colorado. In the event of
any litigation arising out of this agreement, including the enforcement or any of the terms of
conditions hereof, the substantially prevailing party In such litigation shall also be entitled to recover
its reasonable attorneys' fees and costs Incurred.
f. Successors and Assigns. AN the provisions of this agreement, including the beneflu and burdens
created thereby, shall run with the land and be binding upon all persons who hereafter acquire any
Interest In the Old Snowmass Corners Property or Deavers Property whether as an owner, renter,
trust deed or mortgage beneficiary or otherwise. All provisions of this agreement inure to the
benefit of and are binding upon the parties hereto, their heirs, successors, assigns and personal
representatives.
g. Correction Documents The parties agree to fully and promptly cooperate to correct any scrivener,
clerical or other errors found In any legal descriptions or In any other provision of this agreement or
any exhibits hereto.
It. Exhibits All exhibits attached to this agreement are Incorporated herein by this reference and made
a pan hereof.
L Recording Upon execution by all parties, this agreement and the Amended Trade Name Affidavh
described in Paragraph 4 above shall be recorded in the real estate records of Pithin County,
Colorado. Deaver gees to pay all such recording fees.
I. Merger This agreement constitutes the entire understanding between the parties relating to the
subject matter hereof. All preceding agreements relating to the subject matter hereof, whether
written or oral, are hereby merged Into this agreement-
k. Waiver. Any waiver by either party hereto of any breach of any kind or character whatsoever by
the other party, whether such be direct or implied, shag not be construed as a continuing waiver of
or consent to any subsequent breach of this agreement on the part of the other Party.
I. Provdsipes Incorporated in Deeds Each provision contained In this agreement shag be deemed
Incorporated In each deed or other imtruront by which any right, tide or Interest In any of Deavers
Property or Oki Snowiness Corners Property h granted, devbed or conveyed, whether or not set
U f_! I r" or referred to In such deed or other Instrument.
M:1m�neleaundlV revbwVlON\Mwrrt\doa V�ccessatUtgEase.dOC
53 k1111FI I1!!III ill1IINIIII IIM11111I1
4S 1 M MN EJ NT WWI& S:LYi
4 of 70 N 140,00 0 11.00 N 0,00 PITKIN COUNTY CO
OSCP:
M. Counterparts This agreement may be executed in counterparts and, as executed, shall constitute
one agreement binding on all of the partles hereto notwithstanding that all saki parties are not
sanatory to the Origi or some counterpart.
Oki Snowmass Comers
y Pa ar , rt tn � neers ..�
8y:
rCo oke Wilson, Jr.
By,
Mary ) Mary Jane Pkgel
By: � e. g. P .
)stir
STATE OF K4
�
COUNTY OF HAM )
f � r �� p � J The foregoing Access and Utility Easement was acknowledged before me this t day of
I ' YK�4{ —, 2001, by ). Cooke Wilson, )r, doing business as Old Snowmass Comers Partners.
WITNESS my had and official se I,
My commission expires: —64 r
WWI i RICHARD kfeOARDLF
Notary Public D o JULY 17,1
STATE OF j
ss.
COUNTY OF )
The foregoing Access and Utility Easement was admowledged before me day of
, 2001, by Mary )ane Garth, f /k/a Mry )ane Neget doing business as Old Snowmass Comers artners,
WITNESS my (sand and official seal.
My commission expires;
STATE OF
COUNTY OF
Notary Public
The foregoing Access and Utility Euement was ackeowledged before me this day of
4 ! . 2001, by lack W, Lander doing business as Old Snowmass Comers Partners.
WITNESS my hamd and official seal.
MY commission expires- V . 9 a_ .
W , -'.
Mr\ nannlw; wd; lPWmtNROMUeavm \docs\kmRUNEau.doc
i ir�r Hill r�r Derr ui � �a� iii rriri rr� ire
493/96 04/24/2M1 00:OOR MNW 0"I9 SILY1
0 at 20 R 140.09 9 0,99 N 0.00 PITKIN eMTT CC
M. Counterparts; T his agreement may be executed In counterparts and, as executed, shall co"wte
one agreement binding on all of the parties hereto notwhhstanding that all said parties are not
signatory to the original or same counterpart.
OSCP:
Old Sn Corners Partners
Byt
T Cooke Wilson, Jr.
By:
Mary lane Garth, f/k /a Mary Jane Pfegei
Byi
lack W. Under
STATE OF )
s .
COUNTY OF )
The foregoing Access and Utility Easement was acknowledged before me this day of
2001, by J. Cooke Wilson, Jr. doing business as Old Snowman Corners Partners.
WITNESS my hand and official seal.
My commission expires;
STATE OF Notary Public
)
ss.
COUNTY OF )
The foregoing Access and Utility Easement was acknowledged before me this day or
2001, by Mary Jane Garth, f/k/a Mary Jane Piegel doing business as Old Snowmass Comers Partners.
WITNESS my hand and official seal.
My commission expires:
STATE OF )
n•
COUNTY OF )
Notary PubBc
The foregoing Access and Utility Easement was acknowledged before me this _ day of
2001, by Jack W. Lender doing business as Old Snowmass Corners Partners.
WITNESS my hand and official seal.
My commission expires:
U 0 C1 I j Notary Public
Mt \mn mlpnarMPre "4\JtON\Der*m\don\AccemUdMm.doc
Milli IIII Iii IWII 1111111111111 INS I� a
43869e 84/21/2001 WMA IINiiNtIIT OAVIS 9IW1
0 of 20 N 140.00 D 0.00 N 0.00 PITKIN tt Wy CO
A CKNOWLEDGMENT PAGE TO ACCESS AND UTILITY EASEMENT
STATE OF C 991014WO
COUNTY OF //# ) u
The foregofig Accass and Ud ity Easement was acknowledged before me thb-� day of
2001, by Kary H. Deavers.
WITNESS my hand and official seal.
My commiulon e>gslres COYMMAKN EKRm
04/07/2005
Notary PiPc
d.
M;lmwdeonardNWAOW \RONkDwven \doCS\ cmmUMse-doc
I
IlIIU Iilll Ip� NIII nl III Nhll� II p_Ip Mille
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7 o 26 R 0.00 N O�.08 PITKIN : C i MWv co
EXHIBIT "A"
A tract of land Situated in Tract 74, Section
27, Tp. S So, R. 86 W. of the Sixth principal.'i
Meridian end more fully described as followsi',.,•:
Degianing at a ;mint on the Southerly line of
state Highway Woo 02 whence corner No. 2 of
sold Traert 74 he bears No 7. 40' N., 100.3 fsebt
thence S 2. 40' E, 121240 feet
.thence S 4. 13' N, 610,00 f
thence N s9. 13' E, 704,7 feat to the
westerly line of County heads
thence N 7 SO' N, 578:1 . test along the
westerly line of County Aoadt
theme N 10. 17' N 30211 alen44 the
westerl; iihe 'of County 18adl .
thence N 6 la' W, 149.4 felt along the
Westerly line of Cqunty Road
thence N 14. 41'.w, 245;4 feet along the
Westerly line of County'loadi
theme N 5 21' E, 180.2 feet along the j
westerly line of County Noadi
thence N 17. 7' E, 142.2 feat along the
westerly line of County NOad
to the Southerly liaa of State Nighway woo 821
thence a 69' 6' w, 795.54 feet along the Southerly
line of , State Highway No, 82 to the point/*! beg-
inning.
County of MIS, State of Colorado.
0uC';ICJ
IINn IIN INS Nhn IN IIN IIINII N VIII III I IIN
4== 44/24/26/i 441M INNIMIT ORVIS 61LVI
6 of 26 R 346.1! 0 0.66 N •.N PITKIN COUNTY CO
EXHIBIT °B"
LOT 1, DICKSON SUBDIVISION, A PLANNED UNIT DEVELOPMENT SUBDIVISION, accordW to the Plat thereof
recorded ht Plat Book 22 at Page 14.
County of Pltkln, State of Colorado.
M:4no nnitww &\'nWo%\RON\DeaveMdoa\AaatR U tNEm-doc
o
1 1111111111 mill IN mill iii IN INS 11 IN IN in
453000 94/24/2501 0019OA lASa'RNr DAVIS SILVI
0 of 20 R 140.00 0 0 .06 N 0.00 KTKIN COUNTY CO
EXHIBIT "C"
ACCESS EASENHWT DESCRIPTION
A PARCEL OF LAND SITUATED IN TRACT 74, SECTION 27, TOWNSHIP 8
SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
PITKIN, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT MGJLE 1!OM.I.QF TRACT 57, A G.L.Q, )BRASS CAP,
FOUND IN PLACE; THENCE S"58°48'03" 840.54 FEET TO A POINT ON.THE
EASTERLY LINE OF A PARCEL OF LAND DESCRIBED IN RECEPTION NO.
218128 OF THB Pn?JN COUNTY CLERK AND RECORDER'S OFFICE, TfM
POINT OF BEGINNING; THENCE S 07 °4936" E ALONG SAID EASTERLY LINE
150.00 FEET TO THE SOUTHEAST CORNER OF SAID RECEPTION NO, 219128;
THENCE S 88 0 13'24" W ALONG SAID SOUTHERLY LINE OF SAID PARCEL OF
LAND DESCRIBED IN RECEPTION NO. 218128100.00 FEET; THENCE LEAVING
SAID SOUTHERLYLINE N 07°49'36' W 150.00 FEET; THENCE N Sr13 E
100.00 FEET TO TIIE POINT OF BEGINNING; SAID PARCEL OF LAND
CONTAININO 0.342 ACRES (14,916 SQUARE FEET), MORE OR LESS.
1L%wpU0MW739uamE;"oe.a"
i , , l 07i COge ►A I� dwmm .4 co Leo l i1M
U tl t. : J � cw,...+Iraa C0I7Y7 PyO....d J0117
phohe 099 kjd"rj •/pz 179 P416LW 'haw 700 M4$.w •/— M as4w
JUN-12 -2001 TUE U1;48 PM hRx NU. r, uelua
PITKIN COUNTY PRE- APPLIC CONFERENCE SUMMARY
PROJECT: Deavers Minor Plat Amendment
LOCATION: Lot 1, Dickson Subdivision off of Snowmnss Creek Road, PIl7 #2467- 273 -02 -002
APPLICANT: Kary Deavers PHONE/FAX: 927 - 5000/927 -7660
DATE: June 12, 2001 PLANNER: Tamara Pregl, 920 -5103
Type of Application: Minor Plat Amendment
Description of Project/Development: The Applicant is requesting approval to relocate the driveway
to the north end of the sub)ect property,
Areas in which the Applicant has been requested to respond, types of reports requested;
Land Use Code sections to be addressed in letter of request I olication
Section 3190 -080: Minor Plat Amendment
Staff will refer the application to the following agencies: County Attorney, Zen! ng, County Wildlife
Biologist, Snowmass /Capitol Caucus, Basalt dr Xural Fire Protection District, County Engineer.
Review by: Planning Director Public Hearing? loo.
What fee is the applicant requested to submit: $460 (Check shall be made payable to: Atkin County
'treasurer), Planning Office (deposit) $460 (additional lus are billed at a rate of $185/hr). Pce for the
County Lragineer will be billed on the final bill at a rate of $65/hour.
Application fee and the'Agreement To Pay' form (2copics) shall be submitted with the complete
applications.
Number of copies of the application and maps to be submitted: 7
For a complete application, please include the following in each packet;
a Summary letter explaining, the request and addressing al I land Use Code standards listed above,
24" X 36" site plans delinenting proposed driveway,
legal access documentation, i.e. easement agreement, etc.
0 Driveway plan and profile. Delalled driveway alignment and radius. Typicid sectiun of driveway.
Contact the County Engineer (Bud Eylar - 920 -5206) for more details on what shall be submitted.
■ Copy of this pre -app form.
w Copy of previous approvals.
NOTE: This pre - application conference sunonary is nduisory in nature and not binding on the Cauni y. 'the
information prmnded in this sunnnanj is based on current zoning standards and staff s interpretations based
upon reprewntations of the applicant. Additional information may be required upon complete revieru of the
application.
uuCT' -3
JUL- 09-2001 MON 03:36 PM FAX NU, r, ui
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITM
�Q COUNTY, COLORADO, APPROVING A SUBDIVISION EXEMp'I'ION FOR A MAJOR PLAT
�t AMENDMENT TO LOT 1 OF 7 fiE DICKSON SUBDIVISION
C �
,
of Reoolntion No. 98 -9
RECITAIA
1. Louise Dickson, beteafter "Applicant ", has applied to the Pilkin County Board of County
Commissioners, hereafter "Board ", for approval of a subdivision exemption for a major plat
amendment to amend the approved building envelope, pursuant to Section 3- 190.190 of the Land
Use Code,
1 The property is located along Snowmass Creek Road approximately 112 mile pass the Snowiness
Conoco, and is more specifically described in the attached Exhibit A.
3. The property is zoned AFR 10 and contains approximately 22.298 acres.
4. This application was reviewed by the Planning and Zoning Commission, hereafter "Commission ",
at a regular meeting on Mach 3,1998, and a unanimous recommendation of approval was
forwarded to the Board,
S. The Board heard this application at its regularly scheduled meeting of May 27,1998, at which time
evidence and testimony were presented with respect to this application.
6. The Board finds that this application proposes development in the best possible location, given the
hazards identified on the property,
NOW, THEREFORE, BE IT 2ESOLVFD by the Board that it does hereby approve the
Dickson/Deavers Major Plat Amendment, subject to the following conditions:
The Applicant shall comply witat the provisions of Resolution No, 88-139 (Attachment A) unless
otherwise replaced or amended by the conditions of this approval.
The Applicant shall submit an amended plat for Lot I to the Community Development
Department for approval and recording, prior to submission of any building permit applications.
The site plan shall also be submitted in digital format for integration into the County's GIS
system, The site plan shall be modified as follows:
a. 7'he applicant shall dedicate a 30 foot right -of -way from the center of the road for Snowmass
Crock Road which shall be delineated on the amended plat. The required 30 foot right-of-way
dedication shall extend the entire frontage of the property and shall be deeded to the County
prior to recordation of the plat.
b. The amended plat shall delineate the risking easement along Snowmass Creek, pursuant to
Condition k6 of Resolution as -138.
utli;"I %4
IIIIII IUU oil 1111111111111 ON IN IIII
411110! e111 /1t1 /1M 04,up tl8toluTI 111WIS SILVI
1 of 0 R 0,tle 0 9.1110 N 6.0 PI TNIN cmtury on
JUL -09 -2001 MON 03:38 PM l*U NU. r. zee
o+,
Resolution No. 99
Page 2
c. The final plat shall delinoato the amended building envelope. The setbacks for the building
envelope shall Include a 50 foot front yard setback, a 10 foot side yard setback only along the
north property line, a 10 foot setback (rear yard) from the riparian vegetation, or a 20 foot
setback (rear yard) from Snowmass Creek, whichever is greater. Any variance to the setback
requirements must be approved by the Board of Adjustment.
d. The plat shall delineate the amended "development envelope ". This area shall be identified on
the final plat as the 'accessory envelope for septic system, access, utilities, and landscaping
purposes only'. This area shall be located between the 30 foot required road casement
dedication and the 50 foot from yard setback of the property. A variance from the Board of
Adjustment will be required if the grade Is chugs greater than 30 Inches above or below tho
natural grade within the required setbacks.
e. The floodplain boundary on the amended plat shall be adjusted to reflect the boundary
delineated in the Wright Water Engineers, [no, study dated February 3, 1998.
L The originally proposed accessory building envelope shall be eliminated from the amended
plat.
S. The amended plat shall delineate the surveyed location of the riparian boundary along the west
side of the expanded building envelope.
3. A landscaping plan shall be submitted to the Community development Department for approval,
prior to the issuance of a building permit.
4. Prior to the issuance of a building permit, the Applicant shall consult with Environmental Health to
determining the location and size of the ISDS.
Disturbed areas as a result of grading, construction activities, and on -site retention shall I be
revegetaied within one growing season of the disturbance, including disturbance associated with the
electrical and water line extension between the well location and the building envelope.
C Only beaver damaged trees may be removed from the riparian areas of the property.
Prior to application for building permit, an access permit and erosion control plan shall be
submitted the for review and approval from the County Engineer.
8. Prior to application for building permit, pursuant to Section 4.01.01(8) of the Pitkin County
!toad Management and Maintenance Plan, the applicant shall provide for review and approval of
the County Engineer a trip generation and construction trip generation study for any free market
residential structure of 5,000 gross square root or greater. This study shall be developed by a
traffic engineering consultant hired by the applicant and pre - approved by the County Engineer.
9. All material representations made by the applicants in the application or in public meetings.
1111111 Ileum Ipl IIII I�I II IIIII Ili! III
z of a R 0." D a.0 N a. a PITNlN QTY = Cat
U j (; :'l i j
JUL -D9 - 2001 MON 03:37 PH r "A rW, " "V
Rmolution No. 98-11
PASe 3
ca
NOTICE OF PUBLIC HL MO PUBLISHED IN THE ASPEN TIAUS ON 7H$ 25TH DAY OF
APRII.,199&
APPROVED AND ADOPTED ON THE 27TH DAY OF MAY, 1998.
APPROVED AS TO FORM:
John Ely
County A
Case 0149 -97
PID #2467- 273 -02 -001
BOARD OF COUNTY COMMISSIONERS
OF PI7K1N COUNTY, C LORADO
4 rothe2 FArri;
D ate:
APPROVED AS TO CONTENT:
CindyldoubW4
Community Davalopmont Director
111111111111111111111111111I1111III111IN Mill ll II I
918114 95118/1918 MW NFIMXI DAVIS SIM
8 of 8 A a. D 1.10 N 8.88 PITKIN COUNTY CO
t),It"� I 'll ti
J111AS 2001 Q MMON U3; 3 ( P11 rnn nu,
� i' , J�P,�,D Q��If "i6. ,yr7rtrt; tire; �,-�
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_. *ti..� +�::' SK 1' 6i�•i�Ya��'r:'Si►:»�;• �
'EXHIBIT A
=K 580 m5E736
MIT
60 3
N
ri rt
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1 ==
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1
I
• u�.lf �'�ii
d parml at lad 6eial parts of Lets !, ►. 11 W 16
of Tract 74 sad art of Tract IS of Secties If Towarhtp
4 South Rsnto 66 vest at the 6th ►rlsclpal 146 1181ah,
.era fellf dsecrlhed as folloeu
Cessauto at %he varthwsel terser (C.raor /l) of Tract
74 .( salt Soceln it, 'L eece souLh i ...Iryp Ie test
1 S 7a he t, 'Lases Se v1h 4 dairaee 11 Naar ill toot to
tie true point of Letla6lap
these & S U dstrest 54 teat Vat test,
thence S 31 A Trott 11 tall 17,14 toot,
peat: S 31 degrees 01 9991 114.11 tact,
thlace S 11 degrees 69 1609 111.03 tae &,
lheec: S 30 dolroas 91 Last 10.11 toot,
thane S 13 degrees III East 11.11 feet.,
theac& S 34 4:11.08 4s• that lri.01 toot.
thasce S It degrees 21 East 391.3 COOL,
thence 9 IS As rose 14 be& 301,63 fort
chance S 13 d.grooe W East 131.11 toot,
thonC4 $ 16 delta$$ 41 to ►t 116.69 feet,
thence 3 11 dsgroee 13 East 1t0,70 toot,
there• 1 I dagrua 090 as$9 141,11 foot,
thsace S Is dafroma 91 took 113.66 16491
theses S U tyre•• all volt ios.s trot,
thaan S 19 degreat 14 vast 66.1 hat 16 Career S of
Trott 74,
theace S 11 dolro a St' rest 1S1i.64 foot to Corner 4 Of
, Trott It
thence N 4 1e1roee ISO East 11 "t.6 het to the true point
of $6tsaolhf.
Also Thu psrt of Trott IS volt of the Cavity goad ad
Sooth of t1a shave daaarlhed } ■real, also Southwest Corner
of Tract 13
Twlothor With all lapreva"sur attune there 646 oppsT
teasing thereto, RESE%VIU6, heW+er, vig9 %L: CnaN
the h help 064 99elg%e as lasdtrlded iS /iltaa 160teroot
In M the oil, ant $ad Other ■taersls trial is sad raider
geld Profiles, 161e vltls the light of 111ro1e had stroll
90 explore, dlvolop and 6gtreet 111* 46001 promldisle hewor►r,
.14a Is the disRies of said pashas, craatsto lot thool$ives,
th41r tilts gad ogttnf, O too to Oaks }nrsaws to indoestfy
tae surface senor ivy my Ka6afs 10 lad M6 lvpreveo4611
and Nola ai.tta ►g 0to oacepleg free ago varro►ty ha►elht[tet
wee,
with all let appurtsuecom, Lad warRaato the title to the $set,
sw0)t1t to tarot 1sT No 7•ear 1967, par&.1c 1: 11611 }flat ■iptr►1
roranotioh In hear o1 Paul Aaderava and tet a, War= some -
aeau Old rl1�a Of War Of Tet.stdl sad rw eerwettoae eN Leta od In
the U411e4 Suers Patent,
POOR COPY
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NON 03737 PM rnn i {v.
-
• ����M3A� �-� .si, �:aS � •. � , :�$� j •per,•
i ,• I I;
alR �V a2[ 1M
3 p 6 8 A Z movioTl.p or rem poem ur co.T: commawlaefas t (,
Of PVPM ToOM. eDrohA00. GRNF"m DMTUO An 97NAL TAT
Sulu bar, "
hPbbbrllL 70 MOM K. ptenON bpes A SOt aMeI1T
fDT srUT ArrRWML Poe raU..to Vm1T DNWMP9ltler •. l:f
&C q �, �l {� Desolation on. am-1'f a i {ll
neat, foulas 1. Dickman (b■reinefter 'Applicant-1 haw
Lj
'
1
applied to that ibard of county Commissioners of pitkln County,
Colorado (teoelnatfter •bard tar approval of a Sol brva lot
a
Spilt ywrmasnt to Section 4- 016)(9) end h Planned unit
.K
•;
pavolopaent pmrmea.{t to Sactirn 3 -7 of tha land Vas Godae and
!
DWW# this proposal is is create two (1) lots tram a 9e.8
x 'e
scre pater% or land. eot om (1) consteco at 22.290 aerma and
'n
lot two 12) aaeaidta of x1.902 attar (mere spsoltleally dsaeribed
W.
An malhit A ettaabad) r and
.)
nIwNTJN, the Omit gtented General 0abmloolon approval to
•
the applicant tae Nay 17, 1983, mthiact to the cooPitionp as
outlined) U their Neablution 00 -26r and
'
UMMM, an board romloaed the Comb ined petalled and rival
,4
Plat dubmAaaloe at their regularly nOwdulad public meeting on
1,
Owearber 15, 110o at bbieh tine evidence and testimony Yea
i 3
t:!�'
pMNestad Ylth t.apaet to said appllceClen.
•
'
MOW, tae. mA IT NMSoLOm by the bma d that It deed
, .,
a
hereby lowest aeuflsd and ►3M1 Plot approval to the applicant
male" to the following Dadltiomor
yp�
(l) fees applicant OWll comply with the socoawerdatlae4
y
s ,
{
guAbin" in Nicholas laatplria geologic report dated
1
powmeac Is, 1997.
e
•
i
Ill IN Ill ill
:
IN III
Hill IINII1ICI III
e�
4111M n/1111P as M sawn o1nP16 6101
'
s .tae a."
0 a.n M a." r1TK1R county c0
ar ,
Ol HON 03;36 men
e �..
IN,
n
pnolatlon eo. se -„gyp'
rage 2
(21 smeitive drams" shall be meted and psrisetor drains
ehwld be Installed arwnd both hones.
(1) paefonN to insure proper engi nee ri ng nda om design. �a11 be
(e) Yo mitigate riparian Lpe es, no till shall be placed
outside OC the hmildlrq eevalepee Ober then to
neeeewry for sewsoe dugs ■ ■l oy ■tee and driveway
Cenatruct
(1) To eitlyate Y�illdlih Iepsetai
s � ecese areas arou�ndtthe f or
the building eawlope and as ewessary for swags
disposal system and drl"War Construc
a ruc io
proposed ho.+slte on lot l eh
from the •tress edger this shall be shown on the
Detailed Sdwisslon.
h. ON$ shall be restrletad to tanoslls at 911 time
Vale" not ender the lot oweerls oehtral.
C. yhs dtete of colo can an tlno l veoetation t er
deags dens by
that planted by the lot eamar.
d. i Might :hd art only e be cwwt ~ around
the immediate beeesite and not ON Me .oefieeter el
the property.
el
a) amaa ^ Creek This f i shi ng
easement maybe uttislrlred al
we to
affaet the required party fee dedication rw"lrassn<.
7( loo spprovel to vary the front yard ►ethsN. Is
recommended ed that riparian vegetation and flood peon*
armed can be avoided,
01 %bat hi he t ^la rnhl 5ivr i"
ga costs , a t
y he
onticipeted.
s) lea sty ohall be deed re.meted against further
eehe�vl
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w 590 =735
1p) tba appllwM ►hall nubdt • U1121 Ofit olth the
low ab ove
keytabl�to t tM Planning sti[e a Caroty Mornay
bppl OOS M tbQ M.td It ltr n9vltr PEAL" an povober 15.
00.
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ADMIMSTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY,
COLORADO, GRANTING APPROVAL To V gUBDIVISION EXEMPTION FORA
PLAT AMENDMENT
Administrative Decision No. 5,- 2000
RECITALS
I. Katy Deavers ("Applicant has applied to the Community Development Director of pitkin County, Colorado,
( "Director ") for a subdivision exemption for a minor plat amendment for the purpose of correcting a survey error of the north
property line. Anew survey identified the property line to be approximately 57 feat farther north than what was represented
on the site plan recorded in Book 48 at Page 50. The Applicant requests to expand the building envelope accordingly.
Conoco, and is
2, The property is located akxrg Snowmass Creek Road approximately 1/2 mile past the Snowmass
referted to as Lot 1, Dickson Subdivision. The property is more specifically described in the attached Exhibit A,
5, The Director finds the request is consistent with the requirements of Section 3- 190 -080, Subdivision Exemption for a
Minor Plat Amendment, of the Land Use Code.
NOW, THEREFORE, BE IT DETERMINED by the Pitkin County Community Development Director that
approval is hereby granted to the DicksonMeavers Subdivision Exemption for a Minor Plat Amendment, subject to the
following conditions which shall run with the land and be binding on all successors in intcresr.
1. Prior to submittal of any building permit the property owners shall record a 24 x 36 inch mylar Plat ddineating the
corrected north property line and the amended building envelope. The Plat shall also be submitted in a digital format for
integration into the County Geographic Information System (GIS) and meet the standards of Code Section 560 -030.
2, The Applicant shall maintain the 50' front yard setback.
line shall be 10 feet, or the Applicant shall maintain a tOfom setback
3. The side yard setback along the north property
from the Riparian Habitat, whichever is greater.
4, The Riparian Habitat on the property shaU be accurately delineated on the property and verified by a certified
biologist prior to recording of the site plan.
5. The Applicant shall install a construction fence around the building envelope to protect the surrounding vegetation.
6. No development, including grading, berming, entry or ranch gates, storage of materials, and vegetation removal
or disturbance shall occur outside of the designated building envelope, except for utility and driveway extension and
maintenance.
APPROVED ON THE J-qL OF NOVEMBER, 2000
J ilaoubm
Community Development Directof
Case q P161 -00
246727302001
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EXHIBIT RA .
A penal of lead hetst parts of Late 1, 0, 33 W 14
of tract 74 bad part at Tract 73 of Seettes 37, Townthip
t South 1469. 61 vast of the 6th pri .1pal "a rias",
•er. fully dtecr,NS as folla•at
Ce"oectat at t \a vartlevort eons (Career 82) of Tract
74 of said Sectlae 27, thoata South 2 ..-gross 40 lost
1 120 (set, thoace South d dogroos 1S- vast 610 fat to
%Lo Lire poing of bglemlagi
thosea S 11 degrees $4 that 750 toot,
thence S 31 degrees S7 (eat $7.84 foot.
tessce S 39 411ro00 a? bat 124.n Net,
these. S 21 40troes All bat 103.93 Not,
thee. S 30 detroes 51 gait &t loot,
tho"e* S 13 degrees 31 Rest 11.11 Not,
theacs S 34 d.gresS 4S Rest 371.69 toot,
chance S It degrees IV gat 107.34 toot,
thence S 15 Hg »se 1 ►e Rest 300.83 tort,
Release S 17 dogrei# Ste Isot Sli Not,
thence S 16 degrees 41 Rest 156.61 Net,
lheseo S 11 Assress 31 tat 180.70 toot,
thoee t 2 dgrsss at tat 367.17 foot,
%home• S 13 Actress 21 gut 153.66 Not,
these# S 00 degrees all vat 301.$ (*es,
" *see S $1 dogroes $4 West 66.0 foot to Career 5 of
Tract 74,
she's• S t1 degrees 5. rest 1302.64 test to Corner 4 of
tract 74,
thoxc• M 4 degrees lie Eaa" 11-1.4 toot to the true point
of beslantas.
dleo that jsrt of Tract 7f west of the coaatr Read W
Sew to of o above described pare ag the Soethwest Comer
of Tract 75.
loteth*r with all, l■prevnests siteasu theta•+ 4" appose
11,41"8 thereto, 6gSE•YIN however, "to the theater"
their helve Sad &*signs, u radivlded &Witbl Interest
in sit the 013. its and other •laerals trial Is 4614 coder
sold prolsot, together vith the right of tagrese *14 *grass
to explore. Aevelop mad •aunts %he onto, prevld la,, hsvever,
that is tht exercise of 0414 0161%$, Cte#tete for thossolves.
their bilge ad au ions, too to ■1ha prevltloo N iad.oa sly
the Surface Sweet Lev any • �&MAI*& N load ntd lyrevueuts
sad chats v.ttars are excepted from the warrastr horela%fter
"is.
,M all Its rppertasaocut. AAA warrants the tills a the 0600,
*object to lose* for the poor 1567. pa7ebl6 lx if 4, prior alttr►l
ttrorvesles in fever of Peel Anderson sad gather I. /uderowel Sea•
stall ud rll3ts of way e( roterd; and r66erwatiess ceatelso4 la
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VOC Uo:]Ipa r1Va'MIN11 •ulnanUy, nis
MEMORANDUM
..
TO: Cindy Houben, Community Development Director `
FROM: Tamara Pragl, Planner
RE: Dickson/Deavers Subdivision Exemption for a Minor Plat Amendment
DATE: November 17, 2000
SUMMARY OF REQUEST: The Applicant is requesting approval of a subdivision exemption to modify the
recorded plat for Lot 1, Dickson Subdivision because of a surveying error originally on the part of the seller of
the property, but not verified by the Applicant until receipt of a building permit and construction. The location
of the north property line was inadequately surveyed and during the resurvey of the property, it was determined
that the north property line was in fact approximately 57 feet further north than what was represented on the site
plan recorded in Book 48 at Page 50.
APPLICANT /OWNER: Kary Deavers
REPRF.SENTA'FIVE: Bruce Hazzard; Design Workshop
ZONING/LOT SIZE: The property is zoned AFR 10 and contains approximately 22.298 acres.
LOCATION: The property is located along Snowmass Creek Road approximately 1l2 mile from the
Snowmass Conoco. The property is known as Lot 1, Dickson Subdivision.
BACKGROUND: The property was part of a 50% Density Lot Split approval granted by the BOCC pursuant
to Resolution No. 88.158. A Major Plat Amendment approval, pursuant to Resolution No. 98-97, was given to
Lot 1 for the purpose of amending the building envelope. The site plan was recorded in Book 48 at Page 50.
REFERRAL COMMENTS: Referral agency comments are incorporated throughout this memorandum, and
are attached for reference.
ANALYSIS OF PROPOSAL
MINOR PLAT AMENDMENT: A subdivision exemption for a minor plat amendment maybe permitted
subject to compliance with the standards in Section 3- 190 -080 of the Land Use Co&
A. The amendment must not change the use of the proposed development between residential.
commercial, and tourist accommodation uses.
Response: The amendment will not change the use of the proposed development. The Applicant is not
requesting a change in use.
B. The amendment must be consistent with action taken during the review of the original development
and does not constitute a new land development activity.
Response: The proposed amendment does not constitute a new land development activity and is consistent
with action taken during the review of the original development. Since the property was surveyed in error,
Li t J (; 1 .)' 4+
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Dickson/Deavers Minor Plat
November l7, 2000
Page 2 `
the applicant is proposing to amend the building envelope to allow for a more developable area on the
property.
C, The proposed activity does not:
t. Change the basic character of the approved use of land on which the activity occurs
including basic visual appearance and method of operation;
2. Increase of- site impacts in the surrounding neighborhood;
3. Endanger the public health, safety or welfare;
4. Violate any Land Use Code Standard;
S. Substantially increase the need for on -site parking or utilities, or affect affordable
housing generation; and
6. Increase the floor area of the use by more than two (2) percent or decrease the open
space on the site by more than three (3) percent.
Response: It is staff s opinion that the proposed activity does not change the basic character of the approved
use of land nor does it endanger public health, safety or welfare. In addition, the proposed activity does not
increase the need for parking, utilities or affordable housing generation, nor does it increase floor area or
decrease open space.
Staff has received comments from Jonathan Lowsky, the County Wildlife Biologist, with regard to the
proposed building envelope amendment. Mr. Lowsky has stated the following:
• The property lies entirely within the riparian zone of Snowmass Creek. The riparian area of
Snowiness Creek where the subject property is situated runs from the toe of the west- facing slope on
Dottie Fox's property to the toe of the east- facing slope on the subject property;
• The proposed amendment will result in additional impact to narrow leaf cottonwood /willow riparian
habitat that is recovering front past disturbance and should be avoided; and
• The loss of the riparian habitat of lower Snowmass Creek to previous development has reduced the
effectiveness of this valuable resource for the wildlife that depends on it.
Mr. Lowsky has suggested that if the application is approved, a 1: t mitigation of riparian habitat in the same
drainage should be required according to a mitigation plan. Section 3- 80- 090(G) of the Pitkin County Land
Use Code clearly states that "development shall be prohibited within riparian, sboreland and wetlands areas
with the exception that bridges, roads, utility crossing and other structures such as irrigation devices may be
permitted upon a finding that there is no feasible alternative location and that any impact will be adequately
mitigated."
Staff does not agree with Mr. Lowksy's determination that the proposed amendment will degradate
additional riparian habitat. The active riparian habitat along Snowmass Creek was delineated as part of the
Major Plat Amendment granted in 1998. The Applicant installed a construction fence along the riparian
habitat as delineated by the former Pitkin County Wildlife Biologist, Mike Villa. The Applicant has
removed the vegetation within the approved building envelope and has relocated the significantly sized trees
u..)1I,'I"iJ
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`Dickson/Deavers Minor Plat
November 17, 2000
Pane 3
along Snowmass Creek Road for the purpose of screening. Since its been roughly two years since the
riparian habitat was delineated, it is very possible that the vegetation has started to fill in, however, the area
in which the Applicant is proposing to expand the building envelope is within an area that is currently grass.
Staff does not believe that the Applicant will disturb additional active riparian habitat and that a 1:1
,mitigation should not be required.
ADDMONAL COMMENTS:
Riparian Habitat: The riparian habitat That was represented on the site plan recorded in Book 48 at Page 50
is completely different than the riparian habitat that is delineated on the site plan submitted with this
application. In addition, the applicant's representative submitted a site plan dated 6/7/00 which also
delineates the riparian habitat in a different location than the other two site plans. The riparian habitat shall
be accurately delineated on the amended site plan and certified by a biologist prior to the recording of the
revised site plan. A construction fence shall be installed around the new area of the building envelope to
protect the riparian habitat along the creek.
Side Yard Setback: It appears from the site plan that the Applicant is proposing less than a 10 foot side yard
setback along the north amended property line. The Applicant shall maintain a 10 -foot side yard setback or a
10 -foot setback from the riparian habitat, whichever is greater.
Front Yard Setback: The Applicant shall maintain the front yard setback of 50' along Snowmass Creek
Road.
River: During a recent site visit of the property, it appears that Snowmass Creek runs within 20 feet of the
construction fence that protects the riparian habitat. The Applicant shall maintain a 20 -foot setback from the
creek with the amended building envelope. The Applicant will need to accurately depict the riparian habitat
along Snowmass Creek and the exact location of the creek.
Building Envelope: Absolutely no disturbance shall occur outside of the amended building envelope. This
includes the storage of materials, including excavated soil materials.
STAFF'S RECOMMENDATION: Staff recommends that the Community Development Director grain
approval to the Dickson/Deavers Minor Plat Amendment, subject to the conditions in the attached Rq plv*O.
ATTACHMENTS:
A, Administrative Decision
B. Zoning
C, County Wildlife Biologist
D. Lester from Design Workshop
Site plan and application are attached separately.
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X- Sender: joannas()ncomdev
X- Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Thu, 02 Nov 2000 16:41:07 -0700
To: tamarap@co.pitkin.co.us
From: Joanna Schaffner <joannae@ci.aspen.co.us>
Subject: Dickson /Deavers Minor Plat Amendment
I have reviewed this application and offer the following comment:
The proposed building envelope lies within the setbacks required by the zone
district. if the revised building envelope is approved, then PUD variances should
also be approved.
Printed for Tamara Pregl <taraaraPBco.Pitlda.co.us>
1
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,LAMENT C
PITKIN COUNTY WILDLIFE MANAGEMENT 1_
MEMORAMUM
TO: Tamara Prcgl, Pitkin County Community Development
FROM: Jonathan Lowsky, Pitkin County Wildlife Biologist
SUBJECT: DICKSON/DEAVERS MINOR PLAT AMENDMENT
DATE: 11/03/00
The Dickson/Deavers Property ties entirely within the riparian zone of Snowmass Creek. The
proposed plat amendment will result in additional impact to narrowleaf cortonwood/willow
riparian habitat that is recovering from past disturbance. The riparian area of Snowmass Creek
in the reach where the Dickson/Deavers property is situated runs from the toe of the west - facing
slope on Dottie Fox's property to the toe of the east - facing slope on the Dickson/Dcavers
property. Unless this plat amendment is absolutely necessary, the size of the building envelope
should not be increased. Loss of the riparian habitat of lower Snowmass Creek to previous
development has reduced the effectiveness of this valuable resource for the wildlife that depends
on it. Additional loss should be avoided.
If this application is approved, a 1:1 mitigation of riparian habitat in the same drainage should be
required according to a mitigation plan designed by a County approved riparian/wetlands
professional.
76 SERVICE CENTER ROAD a ASPEN, CO w 91611
PXONEI 970 1920 -SIPS a FAX% 9701920.5174
VeC VJ:BLVM roU vvbw- •e, ea�rvPi ury
Design Workshop. Inc.
Landscape Archirecture
Land Planning
Urban Design
Tourism planning
�.a
Memorandum
i, „ ACHMENT b
T Tamara Pm9l- Community Dev.
Depertment. (920 -5439)
Prom: Bruce Hazzard, Principal��
Date: November 9, 2000 TT ♦♦ II
project Name: Dickson/ Deavere Subdivision/ 1041
Hazard
Project #: 2342
Subject: Subdivision Exemption- Survey
Error
Copy To: Kary Deavem (925 -7775)
Tamara: I was forwarded a copy of the comments from Jonathon Lowsky regarding the request for
anusanent to the previously approved building envelope for Lot 1 at the Dickson/ Deavers Subdivision. To
0o perfectly honest, I found the content O or t elepho n e to be
with any of he County unty Staff. corup has
different than anything discussed in per Y eph°
no authority to make any determination as to whether any request is "absolutely necessary". The Pitkin
County Land Use Code allows for the requested procedure. My Client and I have been very forthright in
our recognition of the surveying error, once it carne to out attention. We new fully well that the building
tmvelope was defined by tale previous County Biologist and our office and that any expansion of the
envelope would still require approval of the County biologist of the remainder of the riparian areas north of
the previous envelope that had not been previously surveyed.
We Contacted your office and requested a meeting of Lowsky and you at the site to review the riparian and
agree to the line of demarcation and the building envelope expansion. After waiting three weeks to
coordinate both of your schedules, we held a meeting and reviewed the situation on site. At no time during
that discussion was a concerts expressed by anyone other than a single comment by Jonathan that if he had
his say, the whole Snowmass Creek corridor would be considered riparian because historically that is what
it was. He is concerned about additional loss. So are we. I have monitored all of the work at this site to
protect this riparian area at all costs.
I do not understand how field conditi require co uld c ado s or a been tte has
been no additional disturbance of r iparian areas that would was confirmed in the second meeting on site with You and
wrongdoing on the part of the developer. This l do not know
Joanna Schaffner (where Lowsky failed to show up even though he agreed to be @tore).
ate we go from hose, but this needs t resolved �seu se o st
Y e to.. Please review with Lance and call
architectural design based on the imp approv
me.
In the interim, feel free to call me if you have questions.
DESIGNWORKSHOP
over Albuquerque •Aspen • per • Jackson Hole • Phoenix • Santa Fe • Tahoe a Vail • Santa Cruz • Santiago • Sllo Paulo
120 East Main Street, Aspen, Colorado8161l•(tel)9 wdeS5gn 7
orkshop.com
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ROA�ACCESS /DRIVEWAY PaRRMIT
(Permit Fee is $100.00) " Permit #
Application Date Paid
Pitkin County Public Works
76 Service Center Road
PLEASE READ INSTRUCTIONS ON Aspen, Colorado 81611
REVERSE SIDE BEFORE COMPLETION (303) 920 -5390
p, Fax: (303) 920 -5374
Applicant / Phone 150()d
Address N �,� 9 a
Property Owner �.r t�
Owner's Address �� / ��� S {�(�jallAr� C A , a 6 `
Location /Address of Property to Be Accessed �AwL G
Located on the W side of County Road # , also known as
SNo��y/111 GeF / Road, a distance of T 6 0 feet
from Milepost
Please provide the following information:���
Construction to begin on (date)
Is there an existing access? Fi
Do other roads /easements abut property?
For agricultural access, how many acres? -�
For residential access, type /number dwelling units L
For commercial, number /sq.ft. of businesses
Number of cars and /or trucks per day on access
Included with this application will be the following documents:
Driveway plan and profile U ES
Drainage plan with County road shown
1041 approvals /conditions
Special Conditions /Provisions:
Applicant:
Approved by:
Authorized Representative for
Pitkin County Public Works
Length of Permit:
Date: i �
Date:
THIS PERMIT MUST BE KEPT ON SITE AT ALL TIMES
utlf;; l4u
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920 -5090 FAX (970) 920 -5439
MEMORANDUM
TO: Zoning
Wildlife Biologist
County Attorney
Snowmass /Capitol Caucus
Basalt and Rural Fire Protection District
County Engineer
FROM: Tamara Pregl, Community Development Department
RE: Deavers, Minor Plat Amendment
(PID 2467 - 273 -02 -001; CASE # P113 -01)
DATE: July 10, 2001
Attached for your review and comments are materials for an application submitted by Kary Deavers.
The Pitkin County Community Development Administrator will review the application.
Please return your comments to by Monday, July 30, 2001.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU
HAVE NO FURTHER NEED OF THEM.
Thank Yo��`�.
Isabel Calderon
UIJI;'14 i
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920 -5090 FAX (970) 920 -5439
MEMORANDUM
TO: Zoning
Wildlife Biologist
FROM: Tamara Pregl, Community Development Department
RE: Deavers, Minor Plat Amendment
(PID 2467 - 273 -02 -001; CASE # P113 -01)
DATE: July 10, 2001
Attached for your review and comments are materials for an application submitted by Katy Deavers.
The Pitkin County Community Development Administrator.
Please return your comments to Tamara Pregl by Monday, July 30, 2001.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU
HAVE NO FURTHER NEED OF THEM.
Thank you,
Isabel Calderon
uoi,''142
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 8161 1
(970) 920 -5090
Pitkin County
TOTAL
NAME: f i — '- -t-'�-
ADDRESS /PROJECT:
PHONE:__�ti�
CHECK #^ y l
CASE /PE ITta: I ! #OFCOPIES:
DATE: r 11 - IWITiAL: l�
Land Use:
172
Board of Adjustment
159
County Land Use Code
173
Deposit
174
Flat Fee
162
Zoning and Sign
169
Public Notice
160
Planning Enforcement
TOTAL
NAME: f i — '- -t-'�-
ADDRESS /PROJECT:
PHONE:__�ti�
CHECK #^ y l
CASE /PE ITta: I ! #OFCOPIES:
DATE: r 11 - IWITiAL: l�
Referral Fees:
RBI 15
Access Permit
LUCO1
County Clerk
193
County Engineer
194
Environmental Health
198
Housing
190
Land Management
196
Wildlife Officer
TOTAL
NAME: f i — '- -t-'�-
ADDRESS /PROJECT:
PHONE:__�ti�
CHECK #^ y l
CASE /PE ITta: I ! #OFCOPIES:
DATE: r 11 - IWITiAL: l�
Building Fees:
170
Board of Appeals
135
Building Code Sales
105
Building Permit
100
Contractor License
120
Electrical Permit
195
Energy Code Review
115
Mechanical Permit
150
Plan Check
110
Plumbing Permit
130
Remspection
151
Aspen Sanitation
152
AVFD Fire Marshal
TOTAL
NAME: f i — '- -t-'�-
ADDRESS /PROJECT:
PHONE:__�ti�
CHECK #^ y l
CASE /PE ITta: I ! #OFCOPIES:
DATE: r 11 - IWITiAL: l�
Other Fees:
155
Use Tax
165
Copy
Performance Deposit
185
Park Dedication
186
Parking Cash in Lieu
166
CIS Maps
IS
GIS Requirements
RB116
Road Impact Fees
B1202
Road Impact Fee
B1203
School Impact Fee
TOTAL
NAME: f i — '- -t-'�-
ADDRESS /PROJECT:
PHONE:__�ti�
CHECK #^ y l
CASE /PE ITta: I ! #OFCOPIES:
DATE: r 11 - IWITiAL: l�
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f ) I f 1 `,; PNOPI R I Y 1!; - 11[3,. EC 1 IS RI SERVA'T` I ONS , RESTR I C F I ONS , C;OVENAN I:; AND I'ASk M(:N f "S Of
RECORD OR IN PI ACI:.
:1) 1 if I l I LAIN N(f EMBL R 29, 2000.
2) rl L
> ' )WMAno CRF,:IK WA,`.; DIGIII /11) FROM AN AII'INI: SUf@VFYSi, INC. MAP, DATED
JANUARY 12, 1998.
4,) F l t S SURVI Y WAS " I RI ORMED WITHOUT HIT UINE.1- IT OF A I III,[ GOMM I fMEN l
CLR I I I I CA I I ON Of OWNf RkiF'I I P
K A[ Al N HY f�C SE 1IRESI NIS THAI KARY h °I
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L 1 I I °:NHOI,I)f'I't 01' Ct R I' [)5
I N P I "f 1 N COUNTY ,
COI ORAUO,
Dk: SCR 1 BL:D AS I OI LOWS:
LO 1 1)ICKSON SURD IVISION
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CON I A I N I NG 22.29 ACRI H MORE
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THESE PRI SL
ELI S AGM A D 10 tH[ AME NDMENI S
H E:RI IN AS SHOWN ON THIS I'I,A I
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EXEC:IJII I) Hil'S _ DAY Of
__.. .._,
A.D. 2001.
KARY 11. DFAVF RS , OWNFR
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COk.INIY Of III [KIN )
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I I I ORI (;O I NG C I P I If C A I I O N
Of OWNS WA 111) WAS
ACKNOWI 1 DGI
U HI I ONI: ME I I I I `., _._ _ DAY
OF 200 HY
KARY 11, DI AVI RS.
S
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MY (OMMI ,SIGN LXPIRIS: _
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W I T NI SS MY HAND AND OFF I C I AI... SEAI
NOTARY PUBLIC
I I GAF DI -SCRIP LION:
A PAW (A (.AND, TOT 1 Of DICKSON SUBDIVISION, 5)IFUAIE_D IN SECHON 2/,
IOTNNSIIII' 8 `.SOU11 RANGF 86 ONESF OF 111F ` >IXITI PRINCIPAL MERIF)IAN, COUNTY 01
111KIN, ]A1( OF COLORADO.
Pl IKIN COUNTY COMMUNITY F)t VL1OPMLN I DINE CIOR APf)ROVAL.:
llfl`; 1041 MAI' HAS BIL.FN APPROV(I) BY Ili[ T C'OUNIY C;OMMUNIlY
l I
R[ C,ORI)I pf NI fi ll - , . I(F OI CICFR I CIS( N CCUN'iY (,I I F K I'21
I`�; `,Ul3Jh�,C l LO AI)MINISTRA LIVE DE NC).
A`> Rl CFF NO. )F /1>F_I'/
PI FK I N
COUN 1Y COMMUNITY DT VI_l_OPMF:N 1 DIRI C ION
1, I ( UNIFY lI lAC AIHNG i f n R l)1 (_[ZED LAND `SURVI YOR DO I iE KF_E3Y
» I"f H1` MAF) Of IHI I)F AVER`, 1041 WAND RI VIEW,
IIC IIi: L OCATION H0RI:OI ROADS AND WILT Fl AIEIRLS ARE ACCURAIF -1 Y AND IIIA FHF SAME ARE HASH) ON FULL) SURVEYS AND
If lnl THE PI A IF_D SIFFF AND (III'; ROADS CONFORM LO 1I10SI SIAWD ON IHt::
GROUND.
IN WI INf "' l'II NF.QI , I HAVE SI.I MY HAND AND `Sl AT Tl �-
DAY OI k - 200 .� : ®; " °4
I'NANK W. HARRINCION, F,S. #19691 �o "
ACCIT IANCI ION IZI CORDING: / / /;,jp
13CFC)KE Of 1111 / E l l SKIN COUNTY CI I f K AND I R1 1 CORIA - IR T IN ( I ) IIAI II IF.
1111,, AMCNDED i
I PAGE IRIS
DAY Of 11 200 , -._, AS RE.CF.1 - NUMBF_R.
CLERK AND RECORDER
NO 1(I ACCORD I NO "f0 COLORADO I.AW YOU MU`S'E (CMWNNCI ANY I I OAT.
A(IION OASED UPON ANY DEIE(I IN THIS TURVFY WITHIN PIREF YhARS
Al IE.R YOU P`IRST I)1SCOVER SUCH DEFECT. IN NO I_VLNI MAY ANY ACTION
RASED UPON ANY DEFF',CT IN THIS SUFOVE,Y OF COMMENCED MORE THAN TFN
YT ARS PROM TOW DALE OF CEfil IPICATION SHOWN HI`.REON,
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A PARCIl- OF IAND SITUATTD IN I:) CKSON SURD VISION, SECTION 27, TOWNSHIP 8
SON 111, RANCA 8(i WI':.:CI OF IIiE:: 6111 PRINCI PAT_ MERIDIAN, COUNTY OF PINK IN,
`.) TAT f OF COLORADO AND HE I NO MORE PART I CUI_ARI.. Y DE SCR I BED AS FOLLOWS:
COMMINC"ING AT ANGLE POINT 6 OF TRACT /4, A G.L.o. BRASS CAP FOUND IN
f LA AI .Y) HE NNE A f POINT ON I 2 L ASIL RLYRIGHT'- IIfEF SOUTHEAST CORNER OF LOT
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ROAD) IHE IOINI" OF BEGINNING FHLNCE IL.AVINO SAID EASTERLY RIGHT OF WAY
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8o/ w) IEF:'I (818.39 FEFI 01:11)) TO A PO I IN E ON SAID EASTERLY RIGHT OF WAY;
I HE.N(F ` r 34'49 F ALONG S A I D k:ASTI:RI Y R I GH1 OF WAY 39.31 'EA I THENCE
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Of 1 - OF WAY r :.31'04 18" t 183.11 FFf fO 'f HE POINT OF BEGINNING. SA 11)
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,� RFCORDED Al THE P 1 TK I N COUN I Y CI E!:RK AND RE(
08229 I N PLAT BOOK ' ORDER'S OFFICE AS RC CF:P'1` I ON N0.
// i , A J r� 3 22 AI PAGE, 14; SAID PARCEL O
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COMMENCING AT ANGLE POINT R
6 Of IAC1 /4, A G.1..
PLACE; ]HENCE S 01 - 28'2b" W 2 /5.59 1 FT I 10 C HE SOU - 1 HEAS I ERI Y CORNER Of
ALSO BEING A POINT ON THE CE.NIE.RLiNE OF SNOWMASS CREEK ROAD
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N 04'06'28" f. 936.06 FEET; 1HENCE: 88'46 E. 80/-95 FEET (818.39
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