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HomeMy WebLinkAboutpitkin.planning.246734400589DOCUMENT 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 (11x17) YAKULL IU: IL401- 344- UU -bb& UAIE KCVO:I / /b1ZUU1' 9 COPIES: 14 CASE NOIP111 - CASE NAME: I Marvin Minor Amendment to a Development Permit Planners Ezra Louthis PROD ADDR: 2280 Snowmass Crk Rd ICDU 2288 Snowmass Crk Rd) Snowmass Crk S- / F" OWN /APP: Whitney Marvin ADR 2288 Snowmass Cree C /S /Z: Snowmass, CO 816 PHN: 970- 927 -6767 REP: Whitney Marvin ADR: 2288 Snowmass Cree CIS /Z: Snowmass, CO 81654 PHN: 970- 927 -6767 Email Addr: I ALLOCATED HOU FEES DUE: 460 Deposit + PI FEES RCVD: 460 % OVER: MTG DATE F ,0/24/200, MARKS Fno vesting \ttorney, Lazy O Homeowner's Association, Wildlife Biologist . REF: 8/3/2001 BY Isabel R DUE: 8/2712001 REV BOD PH NOTICED DATE OF FINAL ACTION: 4dmin No F 80CC No F No F— BOCC Reso: 179 - 2001 #461234, BOCC Ord: PZ: HRG OFF: CLOSED: 11/13/2001 BY: Isabel Ramirez HO INDEX: � ADMIN PLAT RECORDED PLAT (BK,PG): n/a ADMIN INDEX: VR APPROVAL DATE: VR EXPIRES: CASE TYP: Minor Amendment to a Development CASE TYP5: CASE TYP2: CASE TYP6: �— CASE TYP3: CASE TYP7: �— CASE TYP4: Date Scanned: 12/12/2 File Location: IFF Box Z RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PPI'KIN COUNTY, COLORADO, APPROVING A MINOR AMENDMENT TO A DEVELOPMENT PERMIT FOR THE MARVIN ACCESSORY LANDSCAPE ENVELOPE, AND A MINOR EXPANSION OF THE BUIDLING ENVELOPE TO THE NORTH Resolution No at- 2001 RECITALS 1. Whitney Marvin ("Applicant"), has applied to the Board of County Commissioners of Pitkin County, CBOCC'), pursuant to Section 3- 200-080 of the Pitkin County Land Use Code ("Code'), for an accessory landscape envelope to accommodate an irrigation pond and a landscaped berm, and a minor expansion of the existing building envelope for a small patio. 2. The property is zoned RS -30 PUD and contains 35+ .f�•wnwo Ccetx 2r�K,• 3. The property is addressed as 2288. The property is more specifically described as Parcel B on the Plat of Shelly Burke attached hereto as EXHIBIT "A ". 4. The Board of County Commissioners granted One Non -Metro Residential Development Allotment and 1041 Hazard Review approval pursuant to Resolution No. 97-41. 5. The BOCC generally finds that the request for the accessory landscape envelope and the minor expansion of the building envelope to accommodate a patio is consistent with the requirements of the Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the Marvin Minor Amendment to a Development Permit for an accessory landscape envelope, and the minor expansion of the building envelope subject to the following conditions: SILI�II fill 1111111111111111111111 IN11111NI 4z 2"193:as 0 00001 of 3C) DA% IS R a." o /1 : 199- 2oor 1. The Applicants shall comply with the provisions of Board of County Commissioner;' Resolution No. 97-41 unless otherwise replaced or amended by the conditions of this approval. 2. The Applicant shall prepare an amended 1041 Hazard Review Site Plan in accordance with Land Use Code Sections 5 -70 -040, indicating the accessory landscape envelope for the purposes of a pond and a landscaped berm, and the minor expansion of the building envelope on the North side for the purposes of a patio. The site plan shall be submitted to the Community Development Department for approval and recording, prior to submission of any future building permit applications. 3. The Applicant shall adhere to all material representations made during the application process. 4. Development shall be prohibited on slopes greater than 30%. 5. The Applicant shall be required to pay an additional $460 to the Community Development Department for review of this application. Double fees are required because of the existing violations on the property associated with this application. This fee shall be paid prior to recordation of the amended site plan. 6. The applicant shall obtain an Earthmoving Permit for the work on the pond and berm. The fee on the Earthmoving Permit shall be doubled due to the associated violation. The Applicant shall submit a Landscape Plan for the accessory landscape envelope and subsequent pond and berm. The Landscape Plan will be reviewed and approved by the Community Development Department. lllllllllllllll 'I�IIIIllllllllilllllllll� Page �? e4 ea:asv 0.00 0 0.00 000002 APPROVED AND ADOPTED on the 24 day of October, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PTTKIN COUNTY, COLORADO Michael C. Ireland, Chair R Dean Clerk to the BOCC APPROVED AS TO FORM: John E , County Attorney APPROVED AS TO CONTENT: 1 Cindy Houben, PID# 246734400589 Pill -01 IIVIIIQ� DAVIS I�FI KIN I��II IIIYI Co �II VIII II I 0II 46 1234 7 e3:35P 0 U00003 9:)77 IS - -- ;;iR$9iv i::::.:]SC kY iaYiCY Yittittl > M e , I c •i' ie iEA85e5a iia:£�ii3;£8i:= r t "t " w: �s c� M •4 Y: CI 4 a n s �m co ° N pip N s • R A - eii f eS 6 • \ �fftc.•F Me 1 n g � Yi t• ff o ' i S3 ie� ° a iEi:'' &i w�w� sQ A' W� + 7 a "tuGGU4 33'�£d�33�T�� N '�arass:... ,£c!£iiJ££i£££ ei AL£ o i e \3 Y Ai 4 ie` l x O w x Of > Of H � A itl O r a R A 90 h9 �r a c o 7d ro Pf (A a ., y G Pi x o .. y x t•1 O „ ro w 9 •. r C/1 x0; N O 0 z a � C tl ��a H r yroH �1 ° x P1 a 00•i0 <a O H N 0 H A, P7 o ca t oa x z x H H t� 14 m ro C m r O aH $ G z a °1 H y S ro O� ca ro y H Z M N A CD a H a r m r O n a H O z y f It I A06511] .MT1103 - 1 TO: Board of County Commissioners Regular Meeting- October 24, 2001 THRU: Cindy Houb , Co � Community Development Director FROM: Ezra Louthis, Planning Technician RE: Marvin Minor Amendment to a Development Permit M REQUEST: The applicant is requesting approval of a landscaping envelope in the pasture to the South and West of the house for the construction of two irrigation ponds and landscaping berms. The applicant is also requesting an additional landscape envelope along the Southern property line bordering Snowmass Creek Road. In addition to the two landscaping envelopes, the applicant is also requesting approval for a minor expansion to the building envelope on the North side to allow for a patio. The application is being reviewed as a Minor Amendment to a Development Permit. Due to an existing violation on the property, the Community Development Director determined that the application was to be reviewed by the Board of County Commissioners rather than be reviewed administratively. ' 4C -010 (D�;"� APPLICANT: Whitney Marvin LOCATION: 2288 Snowmass Creek Road ZONING/LOT SIZE: RS -30 PUD/ 35+ acres BACKGROUND: In 1997, BOCC Resolution No. 97 -41, granted 1041 approval to Parcel B of the Burke Lot Split. The 1041 approval established a building envelope in which all development was to be contained. On July 10, 2001, the Marvin Residence was issued a Stop Work Order and Correction Notice for work that was occurring outside the designated building envelope. The violation in question was the construction of two ponds and a berm outside the building envelope. The work was stopped, and Mr. Marvin has subsequently come in to get approval for the landscaping work, and some additional items mentioned before. 0U G005 0 0 REFERRAL COMMENTS: The application was referred to, but no comments were received from, the County Attorney, County Wildlife Biologist, and the Lazy O' Subdivision. STAFF COMMENTS: Minor Amendment to a Development Permit Pursuant to Section 3- 200 -080 of the Land Use Code, the Board of County Commissioners may approve a minor amendment to a development permit subject to compliance with the following standards. A. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodation uses. Response: The proposed amendment does not change the use of the proposed development. 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 applicants request for the two accessory landscape envelopes deviates from the representations made during the original GMQS and 1041 Land Use Approvals for the parcel in 000006 Photo of landscaping work done outside building envelope. m. question. In Resolution No. 97 -41, condition one states, "The applicant shall adhere to all material representations made in the application and the in the public meeting." In section IV -3: "Consistency with Community Goals ", of Shelly Burkes application requesting one Non -Metro Residential Development Allotment and 1041 Approval, it is stated, "A. Open Space - The development will protect and preserve the vast majority of the open space that exists on the lot at this point with the exception of the deletion of land required for the building envelope. Approximately 34 of 35 acres associated with the new lot will remain in their current condition, which include stream course, riparian habitat, natural vegetation, and irrigated pasture lands." The proposal for landscaping and ponds in what was historically pasture lands, is inconsistent with the action taken during the review of the original development. The proposed minor expansion of the building envelope on the North side for a patio, towards the creek, is consistent with the original actions taken. C. The proposed activity does not: 1. Change the basic character of the approved use of the 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; 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 (2) percent or decrease the open space on the site by more than three (3) percent. Response: The proposed landscape envelopes would change the basic character of the approved use. The proposed minor expansion to the North for a patio would not change the basic character. The proposal in general will not endanger public health, safety or welfare nor violate any known Code Standard. Finally, the proposal will not increase the need for on site parking or affordable housing. The proposed envelopes, and the expansion will not increase the floor area by more than 2 percent or reduce the open space by more than 3 percent. RECOMMENDATION: Staff recommends that the Board of County Commissioners deny approval for the two accessory landscape envelopes based on the inconsistencies noted in section 3- 200 -080 (b) and (c)1. Staff also recommends approval of the minor building envelope expansion on the North side of the existing building envelope. Exhibits 1. Vicinity Map 2. Letter from John Seidel 3. Burke Plats 4. Excerpt from Burke's GMQS and 1041 Application 000007 9 S u��e ✓� 0 C7 000008 Elvironmema parspeCtlYBS: Fish and Wildlife Habitats Ranch Management Plans Impact Statements Land Use Permits Captive Wildlife Facility Design John Seidel 0214 Prince Dr Carbondale, CO 81623 970 - 963 -1976 970 - 963 -8849 FAX jwseidel @rof.net FEIN 84- 1500461 October 18, 2001 Pitkin County Commissioners Dear Commissioners, I would like to offer the following information in support of Whitney Marvin's application for excavation of a pond and construction of a bean on his property located at 2280 Snowmass Creek Road. I have conducted wetland enhancement adjacent to Snowmass Creek and erosion control and fish habitat enhancement in Snowmass Ck. I have conducted all this work according to a plan approved by Pitkin County Planning and Zoning and the US Army Corps of Engineers. Mr. Marvin has been interested in increasing both the fish habitat and wetlands. We feel we have created additional standing water and an increased wetted perimeter in the rich riparian area of the bottomlands of his property. We hope to entice waterfowl to these ponds. Muskrats have already taken up residence. Mr. Marvin has gone to considerable expense in an attempt to control an outbreak of Spruce Bark Beetle in the bottomlands of Snowmass Creek. He has tried systemic treatments, trimming, thinning and eventually removal. This outbreak is not confined to his property and could impact the mature spruce community in this valley in the future. In an attempt to create additional waterfowl habitat Mr. Marvin had a pond dug on his upper property in an old hay meadow. He intends to use his irrigation water to fill this pond and create a seasonal stream and standing water for ducks and geese. I was not involved in the planning or construction of this pond. I was present at a meeting in July of 2000 where a pond was discussed with members of the Gateway Subdivision. That group was looking at options to augment their water rights. I may have added to the confusion on the required permits. I advised Mr. Marvin at that meeting that a pond on the upper level using irrigation water and located in the hay meadow would not require a Army Corps of Engineer's 404 Permit as required for the stream and wetland work. He plans on creating songbird habitat in a collection of trees and shrubs around the ponds in the old hay meadow and providing willows and shrubs along the seasonal stream that should be attractive to warblers and finches. In my opinion the creation of this pond and associated vegetation will enhance the wildlife and ecosystem values of this piece of land. Mr. Marvin has also constructed a berm around the excavated pond. While this berm creates some privacy for his home from the busy traffic on Snowmass Road, it was constructed back from the road and still left a large buffer of open pasture next to the road. This setback has retained the open meadow, and pastoral appearance that it has had historically. I have found Mr. Marvin to be sensitive to environmental conditions and he has been eager to enhance habitats for fish and wildlife. I hope the commissioners will approve his application for this work. I regret that I will be out of town on the day of the hearing. If I can answer any questions or provide additional information please contact me after October 28. Sincerely 00GuU'? i o N p [ 2 E 1 0 E R I O �Ei �3 ° Eg dim, 1�.R aia � 5= � a� ° } v i ii a s i� 45 33: ¢:3?:i ;Hiii } } }SRRRRikt V 43 S li R = 7 ■ i },Sa o 81� -y €3 3� 0 52322SS Y �2�� s o w „,,,,,,. »..• a ;d a N S a a❑ EE a 1 3 pp¢pgqgqppyypppppp N "7 �e � E s � 1 i. 3 u E �S h 7 ” 6 p 1 i S HO v� t i MD �O e •� piRt2R2Ri4Sie }f b:aetekuae }h M � C7 3t R22RRt it8ERe2. }: } ?FL88 ?4 ie " 3iss+Fkkk } } ................ .i �............ �...... RB4gF4R e 060010 z o, F ' d H t .91 U m a ° I� i m OD €d x w o F a7 p P 11 CD pa0) A. w W F F xe .. wm� � o xa F ►� C7 W D a d.. °' 0 z> U d W z m . ' z Faeamo ON Vig o .a W ado°,Z xi � x '� •H d y, m a .. o ea F z o z ea H Qz R x m .. dz°J W a o o x a d d� a� W a , d ox 00 , O W ya x 33 c w F x n IN I N `dd x s z `, o ION ^� • . e ll i o N p [ 2 E 1 0 E R I O �Ei �3 ° Eg dim, 1�.R aia � 5= � a� ° } v i ii a s i� 45 33: ¢:3?:i ;Hiii } } }SRRRRikt V 43 S li R = 7 ■ i },Sa o 81� -y €3 3� 0 52322SS Y �2�� s o w „,,,,,,. »..• a ;d a N S a a❑ EE a 1 3 pp¢pgqgqppyypppppp N "7 �e � E s � 1 i. 3 u E �S h 7 ” 6 p 1 i S HO v� t i MD �O e •� piRt2R2Ri4Sie }f b:aetekuae }h M � C7 3t R22RRt it8ERe2. }: } ?FL88 ?4 ie " 3iss+Fkkk } } ................ .i �............ �...... RB4gF4R e 060010 LL O N yy 8j / �i 1 o, � •YI 5 j! V P / / / i / i • :: i I ` / 4 uuG011 / I a. Air Pollution — The applicant will adhere to the conditions of Pitkin County Resolution No. 86 -91 and all emission standards of the County. b. Water Resources — The applicant is assigning or leasing .5 CFS to the new home for continued use for irrigating the pasture associated with the new site. It is expected that no adverse impacts will be experienced as a result of the exempt well. The building envelope is outside of any riparian habitat or flood plain zones and all wetlands have been avoided. C. Hazards and Natural Vegetation — There are no geologic, avalanche, or wildfire hazards associated with this lot. The wildfire mapping indicates low hazard due to the proximity to the river and lack of typical wildfire fuels. d. Energy and Water Conservation — Passive and some active solar heating and cooling elements will be utilized by the new residents. In addition, water conservation devices will be utilized for plumbing facilities. 3. Consistency with Community Goals a. Open space — The development will protect and preserve the vast majority of the open space that exists on the lot at this point with the exception of the deletion of land required for the building envelope. Approximately 34 of the 35 acres associated with the new lot will remain in their current condition, which include stream course, riparian habitat, natural vegetation, and irrigated pasture lands. b. Agricultural Land Preservation — As previously mentioned, agricultural land will be preserved by virtue of the allocation of water rights and irrigated pasture land associated with this application. C. Visual Impacts — The proposed development is consistent with neighboring parcels. It has no scenic overlay implications and while visible from Snowmass Creek Road, the contemplated home will be consistent with other residences located along Snowmass Creek Road. d. Wildlife Habitat — The development preserves all of the existing wildlife habitat, including the winter range potential across the 0 uGG12 Envirenmenc rersvecdVOS► . Fish and Wildlife Habitats Ranch Management Plans Impact Statements Land Use Permits Captive Wildlife Facility Design John Seidel 0214 Prince Dr Carbondale, CO 81623 970- 963 -1976 970 - 963 -8849 FAX jwseidel @rof.net FEIN 84- 1500461 August 15, 2001 Mr. Michael Claffey US Army Corps of Engineers Sacramento District R.U. #4 Western Colorado Regulatory Office 402 Rood Avenue Room 142 Grand Junction, CO 81501 Reference: GP12 # 200075349 Dear Mike, This letter is to advise your that I have completed the in stream work conducted in Snowmass Ck, Pitkin County under General Permit Number GP12 — 200075349. The structures have been installed as drawn in the permit application and amendments. We reentered the stream on 7/17/01 for approximately 6 hours to repair one structure that moved during high water, riprap the east bank and rework the inlet to the ponds. At the end of the day we pulled out the access road. The disturbed areas have been reseeded and revegetated as per a plan approved by Pitkin County. The revegetation from the first year has had excellent survival. Only two of the 32 transplanted spruce failed and we had approximately 30 percent of the willow waddles take root. We have added additional willow waddles on some stream banks. The west bank stabilization and the east bank that was sloped all went through this years high water in good condition. Thank you for your help with this project. Yours truly, John Seidel U000113 Ned 7� w� G e.-�e J�' g- 1 GZG�U /� /a7, ; � 6 a , 2-eel- 7-- r c� &,--&Io � WHITNEY MARVIN 2288 SNOWMASS CREEK ROAD SNOWMASS, CO. 81654 970 927 -6767 July 5,2001 Ezra Louthis Aspen Pitkin Community Development 130 South Galena St. Aspen, CO. 81611 P 111 -e l Re: 3- 200 -080 Minor Amendment To Development Permit Resolution No. 97 -41 Marvin Residence — Parcel B Dear Ezra, This letter is an application for permission to build an additional agricultural barn and an amendment to the Development Plan of the Burke 1041, Resolution No. 97-41 in regard to landscaping and placement of a pond and placement of the septic field of the Marvin residence located at 2288 Snowmass Creek Road, Snowmass, Colorado. This property is owned by the Whitney H. Marvin Revocable Trust. A copy of the title showing ownership is attached as Exhibit "B ", and a copy of the legal description of the subject property is attached as Exhibit "C ". I.) Additional Agricultural Barn: The subject property is zoned RS -30 with an allowance of 15,000 square feet of floor area. I have previously received approval for our plans on the building of 12,731 gross square feet of space for the main residence and a horse barn with an affordable employee- housing unit on the second floor. The horse barn and employee- housing unit has been built. The main residence is in the process of being built by Harry Mayer Construction. The Exhibit "A" attached hereto shows the location of the horse barn and the main residence. It also shows the location of the proposed Agricultural Barn #2 for which I hereby respectfully ask the permission of Pitkin County. It will have a three -stall garage on the first floor for the storage of a tractor and other farm equipment, and on the second floor it will have a single room of approximately 400 square feet which we intend to use as an exercise room. It will be built with the same materials (log, stone and cedar siding) as were used on the horse barn in a manner, which will be compatible with the local architecture and the local environment. UUC'Ji5 II.) Landscaping Paragraph 8 of the said Resolution No. 97 -41 provides that, "No development, including grading or landscaping or vegetation removal shall occur outside of the approved building envelopes except as may be necessary to implement the wildfire mitigation measures and the extension of the access driveway." a.) The Exhibit "A' shows that we intend to use the West pasture of the subject property for horse pasture and a hay field. There is currently no irrigation system on the property, and we have hired H.P. Hansen of American Tree and Cement to install an irrigation system. We were advised to incorporate an irrigation pond into the system to provide a reliable source of water for the system. The pond will also provide the added benefit of a reliable source of water for wildfire mitigation. The subject property has water rights of /z CFS off the Snowmass Creek which we intend to use as a source of water for the pond. We will make small silt basin and inlet and outlet creeks to provide a path for the water into the pond and out of the pond back to Snowmass Creek. The pond with the inlet and outlet will be done in an environmentally friendly and aesthetic way so as to blend with the surroundings. The location of the pond with the inlet and outlet is shown on the said Exhibit "A '. Inasmuch as the pond is for irrigation purposes we didn't realize we needed a permit, and we have actually started the dirtwork for the pond. We apologize for this, and we have stopped all work until we get approval. I respectfully request a minor amendment of the subject development plan to allow us to continue with the development of the pond. b.) We have taken the waste dirt from the hole for the main house foundation and from the hole we dug for the pond and placed it in a berm -like structure along the front of the proposed pond and in front of the main house. We would also like to plant trees intermittently along the sides of this proposed berm and plant native grass with wild flowers on it to soften it's appearance. This is shown on the Exhibit "A'. It will be irrigated and maintained as an integral part of the landscape design of the property. We have been notified by numerous property owners in our immediate area that they would appreciate having a berm with landscaping to soften the appearance of the house and make it blend better with the environment. I respectfully request a minor amendment to the said development plan and the approval of Pitkin County for this berm and planting. c.) In light of comments from our neighbors, we would also like to build a privacy berm along the property where it borders with Snowmass Creek Road, as shown on said Exhibit "A ". This would also be irrigated and landscaped in an environmentally aesthetic way. I respectfully request a minor amendment to the development plan and the permission of Pitkin County to build the said privacy berm. d.) There is a berm on the subject property at the end of the existing driveway at Snowmass Creek Road, which is opposite a berm on Shelly Burke's property on the other side of the shared drive. This berm was in place at the time we acquired the property, and it had some old planting on it. We would like to replant this berm in a environmentally aesthetic manner similarly to the way the berm is landscaped on the other side of the 0U6'� 6 drive, and I respectfully request a minor amendment to the said development plan and the permission of Pitkin County to do so. e.) The main residence is situated on the East line of the building envelope to maximize on its views of Snowmass Creek. At the back of the house, we would like to put in a flagstone patio with 16 -inch retaining walls that would slightly encroach the said East line of the building envelope, as shown on the Exhibit "A ". The maximum encroachment would be with the center patio that would be 8 feet past the said East line of the envelope. The patio would still be well within the upper level area looking down on the river, and it does not require high retainer walls. It would be made of natural flagstone, and it would act to control drainage off the house so as to prohibit erosion of the riverbank. I respectfully request an amendment of the said development plan to do this patio work. I acknowledge that some of the work for the above said items has been done. I offer my apology for this, and I assure you such work was done without being made aware that a permit was necessary. Since I have become aware of the necessity for an amendment to the development plan, all work on these projects has stopped. I also give you my assurance that all work will be done in an environmentally friendly and aesthetic manner such that it is compatible with the local environment and blends in unobtrusively with the local environment. If you have any questions in regard hereto please feel free to call me at the above number, or you may call the jobsite at 927 -9469 for the construction manager, Curt Warnecke of Harry Mayer Construction. I appreciate your time and attention to this matter. Sincerely, Whitney H. Marvin vuuuI1 "�-- EXNI / .� �... FNT CASE NUMBER PCT13779C3 SCCf3®UIEA- OWNER'S POLICY DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER January29, 1999 @ 2:41 PM $1,350,000.00 1312 - 148840 1. NAME OF INSURED: WHITNEY H. MARVIN 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3, THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: WHITNEY H. MARVIN 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: PARCEL B, as shown on the Plat of SHELLEY BURKE recorded January 27, 1999 in Plat Book 48 at Page 42. P=N CDUNiY T1TIB, INC. 601 E LOPKRS AVE ASPIN, COLORADO 81611 (970) 92517661(970) -925 -6 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. UUL'J 1� QUIT CLAIM DEED THIS DEED, made this 4`" day of August 1999, by and between WHITNEY H. MARVIN, GRANTOR, whose legal address is 811 Dallas, #910, Houston, Texas, 77002 and THE WHITNEY H. MARVIN REVOCABLE TRUST, GRANTEE, whose legal address is 1801 Broadway, Suite 1720, Denver, CO 80202 I WITNESS, that the grantor, for and in consideration of the sum of ten dollars ($10.00). and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto the grantee, its heirs, successors and assigns forever, all the right, title, interest, claim and demand ' the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of PITKIN and the State of COLORADO, described as follows: PARCEL B, AS SHOWN ON THE PLAT OF SHELLY BURKE RECORDED JANUARY27, 19991N PLAT BOOK 48 AT PAGE 42. Also known by street and number as 2262 Snowmass Creek Road, Snowmass, CO 81654 TO HAVE AND HOLD the same, together with all and singular the appurtenances and privileges thereto belonging,,or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee its heirs and assigns forever. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. (J1 WWNFY H. MARVIN 11111111111111111 IIII IIIII IIIII 1111111 III 11111 IIII IIII and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto the grantee, its heirs, successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of PITKIN and the State of COLORADO, described as follows: PARCEL B, AS SHOWN ON THE PLAT OF SHELLY BURKE RECORDED JANUARY27, 1999 IN PLAT BOOK 48 AT PAGE 42. Also known by street and number as 2262 Snowmass Creek Road, Snowmass, CO 81654 TO HAVE AND HOLD the same, together with all and singular the appurtenances and privileges thereto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee its heirs and assigns forever. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above WHITNEY H. MARVIN 111111 IN 1111111111 INS 111 11111 IN IN STATE OF COLORADO 434242 08/09/1999 02:87P OCD DAVIS SILVI I of 1 R 8.00 D 0.00 N 0.00 PITKIN COUNTY CO COUNTY OF DENVER The foregoing instrument was acknowledged before me this 4' day of August,,,1 WHITNEY H. MARVIN. ti 0 ®+ Witness h d and official seal. Robin D. Maxwell %Jti �� ' .�,.•'a C Expires,,.` My commission exoie 40 4912009 f UU0020 . E X,v l 6 / r "C'• I... M A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 9 SOUTH. RANGE 86 WEST OF THE 6TH. PRINCIPAL 11IERIDIAN AND THE SOUTHEAST QUARTER OF SECTION 34, IXM43W 8 SOUTH, RANGE 86 WEST OF THE 6TH. PRINCIPAL MERIDIAN, PrrM COUNTY, COLORADO. BEGINNING AT THE NORTHEAST CORNER OF SAID DESCRIBED PROPERTY. WHENCE A.P. 1 OF TRACT 82 OF SAID SECTION 34 BEARS N 00 DEGREES 4T 39"W 422.00': THENCE S 00 DEGREES 4T 39" E 1087.75 FEET TO AP 2 OF TRACT 88; THENCE S 44 DEGREES 50' 00" W 230.00 FEET; THENCE S 30 DEGREES 33'00" E 331.37 FEET; ITTENCE S 00 DEGREES 4T 35" E 323.33 FEET TO AP 5 OF SAID TRACT 82. THENCE S 02 DEGREES 5S 02" E 90.56 FEET; THENCE S 02 DEGREES 28' 10"W 238.39 FEET. THENCE S 11 DEGREES 06' 09'W 323.24 FEET, THENCE N 68 DECREES 52' 45" W 989.17 FEET, THENCE N 32 DEGREES 35' 25 "E 1307.66 FEET; THENCE N 40 DEGREES MY 27" W 1025.01 FEET; THENCE N 29 DEGREES 11' 24" E 283.94 FEIN; THENCEN 88 DEGREES 17'14"E 792.65 FEEI7 70 THE POINT OF BEGINNING, CONTAINING 35.157 ACRES MORE OR LESS. UU0021 • FPiM LDIE..EN -SPACE 978963] U5 -- Y� dd - wkiw" io _ 3G ds 449 100 YR. FLO00 SOMMABY PARCEL A. 35.001 Ac. +/- PROPOSED W=5 I SH£Et 21 r... FLOOD SoU110ARY A.A. 2. TRACT 1 - A. p. 7. TRACT 7.4.10THESS CORNER L too YR. FLOOD So SETBACK \ .P.s TR 82 ,S.E. SEC 34 SECTION 9S ROAD PAR L ea R -a -V SIMMASS 3 5 . 1 AC . + / — 61) 1 1s5 ACRE OygpLAP T I NO ACCESS Ass cam- EXIS i 0 GMA rive to T; c fYv U ; � , n i1 u :;�2 �xLj • pR1.aYEE _ (n sHOSF ��\ 000© ED (9 g a u doG023 PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY DATE: July 5, 2001 PROJECT: Marvin Minor Amendment to a Development Permit LOCATION: 2280 Snowmass Creek Rd. (Parcel ID: 246734400589) ZONE RS -30 OWNER/APPLICANT: Whitney Marvin Tel: Fax: 927 -6845 PLANNER: Ezra Louthis Tel: 920 -5442 1. Type of Application: Minor Amendment to a Development Permit 2. Description of Project/Development: Applicant proposes to amend original building envelope to include a septic system. Additionally, the applicant proposes to create an accessory envelope for a holding pond and landscaped berms. 3. Areas in which the Applicant is requested to respond, types of reports: • Section 3- 200 -080 Minor Amendment to a Development Permit 4. Review is before: Community Development Director 5. Public Hearing: No. 6. Will be referred to: Attorney, Lary 0'110A, Wildlife Biologist. 7. What fees was the applicant requested to submit: - Planning Office (deposit) - $460 (additional hrs. are billed at a rate of $185/hr.) 8. To apply, submit four (4) copies of the following information, unless otherwise noted: • Letter of request (application), addressing Code Sections listed above; • Agreement for payment form (2 copies); • Total deposit for review of the application; • Site Plan showing proposed activity; • Proof of ownership including legal description (2 copies); • Copy of this pre - application form (1 copy); PLEASE NOTE: This pre - application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon complete review of the application. Uuc02r ASPEN/PITKIN "I COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Pitkin County Development Application Fees PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNT an a lic tion for n - 0` -n�O {�s -e!' �Q. G tt � u pp (hereinafter, THE PROJECT). ?. 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 size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and COUNTY further agree that it is in the interest of the parties 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 further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. JuGO25 5. Additional Billing shall be computed at the rate of $185.00 per hour of additional Community Development Department and Land Management staff time required. Refunds of unused hours shall be made at the rate of $185.00 per hour of time. 6. The Community Development Department Director shall establish appropriate guidelines for the collection of Additional Billings as required. 7. This fee structure shall be reviewed annually as part of the County budget hearing process and should any adjustments be necessary, they shall be changed to become effective on January 1. 8. The Community Development Department shall identify, prior to or at the time of submission of a land use application, whether an application is to be referred to the Engineering, Environmental Health, Wildlife Officer, or Housing Departments or whether a County Clerk Administrative Fee is required. The Community Development Department shall also identify whether an application constitutes a minor or a major referral, based on the number of hours which will be required to review the application, and charge the applicant for each referral accordingly. Additional Billings and Refunds shall not apply to the computation of referral fees. In the event that staff determines that special expertise is required to assist the Community Development Department in the review ofa permit application such costs will be borne by the applicant. Revised 05/05/00 0026 5. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay 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 APPLICANT Cindy Houben Community Development Director Print va� Signature Date: 7' 5--C) g:\support\forms\agrpaypt.doc 05/05/00 Mailing Address: L9 C- te)k" k a S "K ��+• UUG027 1- F Eli � 1yyu 7 QUIT CLAIM DEED THIS DEED, made this o� +� day of J 4 m u a v 1999, between Shelley Burke of the County of Pitkin, State of Colorado, grantor, and Whi ey H. Marvin, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed and QUIT CLAIMED, and by these presents does grant, bargain, sell, convey, confirm and QUIT CLAIM, unto the grantee, his successors, heirs and assigns forever, all the real property, situate, lying and being in the County of Pitkin, State of Colorado, described as follows: 0.5 c.fs. of water in the Williams No. 4 Ditch, decreed for 4.0 c.fs. in Civil Action 968, Garfield County District Court, on June 21,1902, with an appropriation date of May 1,1883. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained and described with the appurtenances, unto the grantee, his successors, heirs and assigns forever. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Shelley Burke V STATE OF COLORADO ) ) SS. COUNTY OF PIDZIN ) The foregoing instrument was acknowledged before me this day of Oct ( / 1999, by Shelley Burke. Witness my hand and official seal. My Commission expires: 1 - 11 -a COO No Pub 'c wAaamwsaam«a _ %?a •�: iIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIiIIIIII 427162 01/29/1808 02 :43P oCD DAVIS SILVI 1 of 1 R 6.00 D 0.00 N 0.00 PITKIN COUNTY Co ...., 1 iUG013 CM ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5090 FAX (970) 920 -5439 MEMORANDUM TO: County Attorney Lazy 0 Homeowner's Association Wildlife Biologist FROM: Ezra Louthis, Community Development Department RE: Marvin Minor Amendment to a Development Permit (PID 2467- 344 -00 -589; CASE # P111 -01) DATE: August 3, 2001 Attached for your review and comments are materials for an application submitted by Whitney Marvin. The Pitkin County Board of County Community Development Director will review the application. Please return your comments to by Monday, August 27, 2001. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. UUG`j2,) ftmmrmp . ` kiiL O MMUNITY DEVELopMENT DEPA)I ENT 130 South Galena Street Aspen, Colorado 8161 1 (970) 9 20 -5090 Pitkin County Other Fees 155 Land Use: 172 Board of Adjustment 159 County Land Use Code 173 Deposit 174 Flat Fee 162 Zoning and Sign 16 9 Public Notice 160 Planning Enforcement Other Fees 155 Referral Fees: RB115 Access Permit LUC01 County Clerk 193 County Engineer 194 Environmental Health 198 Housing 190 Land Management 196 Wildlife Officer Other Fees 155 Building Fees: 170 Board of Appeals 135 Building Code Sales 105 B Iding Permit 100 Contractor License 120 Electrical permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 151 Aspen Sanitation 152 AVFD Fire Marshal Other Fees 155 Use Tax 165 Copy Performance Deposit 185 Park Dedication 186 Parking Cash in Lieu 166 CIS Maps is CIS Requirements RB116 Road Impact Fees B1202 Road Impact Fee , B1203 School Impact Fee TOTAL i 1AMF: M y ADDRESS /PROJECT PHONE: Cb1ECK# CASE /PERMIT#: � ii OF COPIES: DATE: - INITIAL: I o 50 100 i V) EIEED � F� y r AMSSWN ENVELOPE /3 1 1 I I q / TO ENVELOPE 1885 A ` w w iR AMENDED BURKE/MARVIN 1041 BERM 0) TTT SEPTIC FIELD � ( ADDITION TO �w �• ORIG ENVELOPE i T68 °s�/ ACCESSORY ENVELOPE #3 m / PONE N 0 R 7 H v s A � o 0 o I .. -. ❑ 'S 50 100 1 ll II �a\ \ \ \` S BERM `• 568 ` 52 '45 , . � � � � "w ,. \ 96 07 \ `\ \ �w ACCESSORY ENVELOPE #1 SSA 8� R9�O 6 , 0 F '0 ()1 U( �n ,S HIRED GUN SURVEYING LTD. - -� o , 3� I 1 1 i \ �z O C> 9 �IJ J W NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. F.O. BOX 9 SNOWMASS, COLORADO 81654 (970)923 -2794 I: XISTING I- ANDSCAPING o� ' 0 ADDITION TO ORIGINAL ENVELOPE 0 �. i V) b � cc CD LT BASIN LL) ' l \ 00 W ITl \tea. a I \ (tl C1J 0) CD HIRED GUN SURVEYING LTD. - -� o , 3� I 1 1 i \ �z O C> 9 �IJ J W NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. F.O. BOX 9 SNOWMASS, COLORADO 81654 (970)923 -2794 I: XISTING I- ANDSCAPING o� ' 0 ADDITION TO ORIGINAL ENVELOPE 0 �. N 90 °00'00 " 132.85 - DATA FILE NAME: 0004134 SHEET 2 OF 2 V I N Te, l._o � _- t I - C .. C v Z M i V) CD n w I V l C�) W ITl \tea. I 9 � s �• �s 0) J U) p N f' J U1 U1 s N 90 °00'00 " 132.85 - DATA FILE NAME: 0004134 SHEET 2 OF 2 V I N Te, l._o � _- t I - C .. C v Z M MACLE DESIGNS, LTD. X8 MIDLAND AW. pO BOX 818 BASAL , "r, COLORADO 81.62, '1. (9/0) 927 -9030 All clesigns, arrangements and plans indicated by these, drawings and specifications at the property and copyright of mad eod Designs:, Ltd. All written dhncreslons shall be voi ified on site;. Any dimensional discrepancy shall be brought to the attention of the Designer prior to commencement of any work. TERRAC RAC PLAN �l IIII S x \ MAKVI W 9 vvm, WOW %bWMA9 i (�o et(or; \ � ,A, �a� , .3 & €.t ' ri',F - .., ''�'.�'- ?✓'"'' mss '� s ,f`'£c.'ix.9 .� - x i. a" ,. ra-,` 4. € 1 +1 v ''ga, ''ak . a`' '� 'd "- =s_ ,r""fi <w *` E vi l. 4` :. s _ _k _ u �s'4 \ \ �. -3 b a,r s -_� :vim " °; - #.cam". ? r c s - v f ��4 y m A � jqj ♦» fuli volls . 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