Loading...
HomeMy WebLinkAboutpitkin.planning.264316400045 (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 (11x17) 2.l 1.11 � _.:_k 1.IJ:___ �� n s � ,\,� :. ` PARCEL ID: 2643- 164 -00 -045 - DATE'RCVD: 1 6/25/1998 # COPIES: 12 CASE CASE NAME: Kann 1041 Hazard Review Planners 8389 Upper River Rd .11 S 16 PROJ ADDR: -T -R -9 -85 OWN /APP: Kann, Thomas ADR P.O. Box 218 C /S /Z: Woody Creek, CO 8 PHN:r REP: Farino, Carol ADR: P.O. Box 10421 C /S /Z: Aspen, Co 81612 PHN:r Email Addr: I ALLOCATED HOURS FEES DUE: 460 dep +160 En FEES RCVD: 460 +160 +160 +11 / OVER REFERRALS I County Attorney, County Eng, Env Health, Zoning, CO Division of Wildlife, Wildlife Officer, REF: 7/7/1998 BY SH DUE: 8/7/1998 MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: r 8/� Hear N7/18/1998 8OCC Reso: F F- No �t� —rte BOCC Ord: F— REMARKS no vesting PZ: CLOSED: 9/23/1998 BY: HRG OFF: HO INDEX: 11998 ADMIN: F PLAT RECORDED 3/9/1999 PLAT (BK,PG): B48 P87 #428565 ADMIN INDEX: I VR APPROVAL DATE: F— VR EXPIRES: h CASE TYP: 1041 Hazard Review CASE TYII : CASE TYP2: CASE TYP6: CASE TYP3: CASE TYP7: CASE TYP4: Date Scanned: 1/7/2012 File Location: FF Box #212 Yk._ DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, REGARDING THE KANN 1041 HAZARD REVIEW AND CONCEPTUAL RECITALS Thomas and Michelle Kann, hereafter "Applicants ", have applied to the Pitkin County Hearing Officer, hereafter "Hearing Officer ", for a 1041 Hazard Review and Conceptual Submission to establish a building envelope to accommodate for the construction of a sun porch and any future expansion to the existing residence. 2. The property is located at 8389 Upper River Road and is specifically described in Exhibit `A'. 3. The property is zoned RS -20 and contains approximately 1.494 acres. 4. The Hearing Officer heard this application at a public hearing on August 20, 1998 at which time evidence and testimony were presented with respect to this application. NOW THEREFORE, BE IT RESOLVED by the Pitkin County Hearing Officer that approval is hereby granted to the Kann 1041 Hazard Review and Conceptual Submission, subject to the following conditions: Prior to the issuance of a building permit, the Applicants shall submit an amended 1041 site plan to the Community Development Department for approval and recording. The site plan shall also be submitted in digital format for integration into the County's GIS system. The site plan shall include the follow: A. The site plan shall be identified as "Kann 1041 Hazard Review." B. The building envelope shall be delineated on the site plan as amended by staff. The setbacks for the building envelope shall include a 30 foot front yard setback, 20 foot side yard setbacks, and a 30 foot rear yard setback. C. A vicinity map shall be included on the face of the site plan. D. The appropriate signature blocks shall be included on the face of the site plan. E. The following 1041 Hazard Review warning and disclaimer shall be placed on the site plan: "The provisions of these regulations do not in any way assure or imply that areas outside of the designated hazard area will be free from hazards, or that approved mitigation measures will guarantee the safety of any property. " 2. No development, including grading, landscaping, vegetation removal or disturbance, shall occur outside of the approved building envelope, except for utility and driveway extension and maintenance. qq I IIIIII VIII IIIIII IIIIII IIII IIIIII (IIII III VIII IIII IIII fJ:iLu�.1 C) 9 422332 09/23/1998 03:07P DETERNIN DAVIS SILVI 1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Determination No. 98- _b Page 2 3. The Applicants shall comply with the following standards for development on slopes of greater than 15 %: A. Adequate mechanical support shall be provided for cut slopes. B. Adding water which may decrease slope stability shall be avoided. C. Adding weight to the top of the slope shall be avoided. D. Disturbed slopes must be contoured so that they can be revegetated. E. Steepening of existing slopes shall be avoided. F. Confine cuts, fills, grading and excavation to the minimum area needed for construction. 4. The Applicants shall removed the lower limbs of the vegetation to the east of the house to eliminate ladder fuels. 5. A fireplace /woodstove application must be filed and approved by the Environmental Health Department prior to the issuance of a building permit. The future replacement of the existing septic system shall comply with the County's septic regulations and be designed by a registered professional engineer. Prior to recordation of the 1041 site plan, the applicant shall be granted lot line adjustment approval for the deck encroachment, or the deck encroachment shall be removed. 8. Any additions or modifications to the out - building requires further County review and approval. Prior to the issuance of a building permit, the Applicants shall submit either an access permit or a road encroachment permit to the County Engineer for review and approval for the proposed modifications to the existing driveway. The proposed driveway entrance shall not encroach into slopes of greater than 30 %. Due to the limited site distance, during driveway modifications, the Applicants shall provide signage along Upper River Road for the construction activity. 10. All material representations made by the Applicants in the application or in public meeting shall be adhered to and considered conditions of approval, unless amended by other conditions. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 18TH DAY OF JULY, 1998. APPROVED AND ADOPTED ON THE 20TH DAY OF AUGUST, 1998. � 0 :III DET D AV I S B V II 2 of 4 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO uuGJu2 Determination No. 98- Page 3 ATTEST: HEARING OFFICER OF PITKIN COUNTY, COLORADO a Sharon Hirman Administrative Assistant APPROVED AS TO FORM: John Ely, Coun mey Case #P91 -98 PID #2643 - 164 -00 -045 _aG,�,�,2\ "l ✓ r�' 4 Lance Clarke c Hearing Officer Date: /( 1 2� APPROVED AS TO CONTENT: 9" � Cindy Houben, Community Development Director 111111111111111111111111111111111111111111111111111 IN 422332 09/23/1998 03:07P DETERMIN DAVIS SILVI 3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO uuujU3 Wi 971 74 IB AM From TemacM Kann - MAY. 9. 1997 9: 58AM W N0.224 P. 'TEWART TITLE ASPEN Page B a!5 SCMDULS A O7derNwnber.' 00023 64 7 -c3 EXHIBIT A LEGAL DESC UPT/ON A tract of land being part of the southeast one - quarter of Section 16, Township 9 South, Range 85 West of the Sixth Prineipal MOridien described as follower Beginning at a point on the Westerly right of way line of the Denver and Rio Orande Western Railroad Whence the North one - quarter corner of said section 16 bears North 10°18'11° West 3743.00 feet; thence south 65 0 05' West 129.60 feet along the line described in Book 183 at Page 292 Pitkin county recarda7 thence South 30 0 27' West 230.75 feet to the angle point at West line of vubject property; thence South 02.02• West 316.89 feet; thence south 84 0 12' East 270.44 feet to the Westerly right of way line of said raSlrOadl thence along a curve to right with a radius of 2199.30 feet a dtatanoe of 261.88 feet (chord bears North 04 °16'40' West 261.73 feet) along said Westerly right of way line; thence along a curve to the right with i radius of 622.96 feet a distance of 248.01 feet (chord boars North 10 0 32'20•' Past 246.38 feet) along said Westerly right of way line to the Point of 8egianing. COUNTY O£ PITR%.Y, STATN O£ COLORADO 1 111111 IIIII 111111 111111 IIII 111111 IIIII III "III IIII IIII 422332 09/23/1998 03:07P DETERMIN DAVIS SILVI 4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO i1u1i Jt1? MEMORANDUM TO: Lance Clarke, Pitkin County Hearing Officer FROM: Tamara Pregl, Planner Je RE: Kann 1041 Hazard Review and Conceptual Submission DATE: August 20, 1998 REQUEST: The applicants are requesting a 1041 Hazard Review and Conceptual Submission approval to establish a building envelope in order to accommodate the construction of a sun porch on the southeast portion of the existing residence and any future expansion. APPLICANT'S: Thomas and Michelle Kann LOCATION The property is located at 8389 Upper River Road. ZONING /SIZE: RS -20 /approximately 1.95 acres REFERRAL COMMENTS: Referral agency comments are incorporated throughout this memorandum, and are attached for reference. Referrals were received from Environmental Health, Colorado State Forest Service, Zoning Office, County Engineer, Woody Creek Caucus and the Aspen Fire District. The Colorado Division of Wildlife, County Wildlife Biologist, and County Attorney did not provide comments. STAFF COMMENTS 1041 HAZARD REVIEW Wildlife: The subject parcel does not lie within any mapped wildlife area. Wildfire: Vince Urbina of the Colorado State Forest Service has rated the wildfire hazard on the property as low to medium. Mr. Urbina has noted that the existing vegetation on the site consists of irrigated turf, landscape plants and parking on three sides of the home. The only problem area identified by Mr. Urbina is above the house to the east. The vegetation is Gambel oak and serviceberry. Although this vegetation is not within 20 feet of the house, Mr. Urbina recommends that the owners remove the lower limbs to eliminate ladder fuels. GENERAL SUBMISSION Water /Air Quality: The Environmental Health Department (EHD) has indicated the addition of a sun porch will not impact the water and air quality. The existing well and septic system are located within the proposed building envelope. Sewer: The lot is serviced by an individual septic system. The proposed sun porch is located on the opposite side of the house from the septic system, however, EHD had noted that caution should be taken that construction vehicles do not drive over the leach field. EHD has also indicated that the according to Kann 1041 Hazard Review and Conceptual Submission August 20, 1998 Page 2 their records, the septic system was installed in 1975. The owner should be aware that the average lifetime of an septic system is 15 -20 years. Access: Access to the property is off of Upper River Road. The driveway is fairly step with a blind egress onto Upper River Road. The applicants are requesting approval to widen the base of the driveway to allow for a larger turning area. The widening of the base of the driveway may result in the encroachment of slopes of greater than 30 percent. Bud Eylar, County Engineer has reviewed the application and has indicated that the applicants shall submit for an access permit for the road cut/encroachment. Upon approval and construction, the applicants shall be required to post signage along the road regarding the construction activity due to the limited site distance. Geologic: The proposed sun porch will be constructed in an area of slopes of greater than 15 percent, but less than 30 percent. This area of slopes was previously excavated, back -filled and landscaped. The applicants have indicated that the cut into the slope area will be minimal and immediately contiguous to the existing structure. The retaining wall is being designed by Brian Kutz, a structural engineer. The applicant will be required to comply with the standards of Section 3- 80- 050(C) of the Land Use Code regarding the construction on potentially unstable slopes. Other Issues: The required setbacks for the property are 30 foot front yard, 20 foot side yard and 30 foot rear yard. Joanna Schaffner, Zoning Officer, has reviewed this application and has indicated that that proposed building envelope should not encroach into the 30 foot rear yard setback or the 20 foot side yard setback. In addition, development within the required setbacks is not allowed without Board of Adjustment approval. The Woody Creek Caucus has reviewed this application and has forwarded in an attached letter their concerns. Ed Van Walraven, Fire Marshal, has reviewed this application and has indicated that the project shall meet all of the applicable codes and requirements of the Aspen Fire Protection District. To comply with the required setbacks of this parcel and to eliminate areas of slope than encroach into slopes of greater than 15 percent, staff has modified the proposed building envelope. In the modification of the building envelope, the existing deck and three fourths of the outbuilding lie within the 20 foot side yard setback of the property. Staff is requiring that the applicant receive approval for a lot line adjustment prior to the issuance of a building permit or the encroachment portion of the deck shall be removed. In addition, as mentioned by the Zoning Officer, development within the setback requires approval from the Board of Adjustment. RECOMMENDATION: Staff recommends that the Hearing Officer approve the Kann 1041 Hazard Review and Conceptual Submission, subject to the conditions of approval in the attached Hearing Officer Determination. UUc , 66 L Kann 1041 Hazard Review and Conceptual Submission August 20, 1998 Page 3 ATTACHMENTS: A. Hearing Officer Determination B. Referral Comments: Environmental Health, Colorado State Forest Service, Zoning Office, Woody Creek Caucus, Aspen Fire District. ATTACHMENT B MEMORANDUM TO: Tamara Pregl, Community Development Dept. FROM: Betsey Kipp, Environmental Health Dept. RE: Kann 1041 Hazard Review Parcel ID# 2643 - 164 -00 -045 DATE: Jult 27, 1998 The following are comments pertaining to the Kann 1041 Hazard Review from this department: Our files indicate that a modification to the building envelope and the addition of a sunporch will not impact the air or water quality issues that this department reviews. The existing well and septic system will still be located within the building envelope. The proposed sunporch is on the opposite side of the house from the septic system, although caution should be taken that construction vehicles do not drive over the leach field. Adding a sunporch will not trigger an increase in the size of the septic system, unless this department determines that the room could be used as a bedroom during the lifetime of the home. According to our records, the septic system was installed in 1975. The current owner should be made aware that the average lifespan of an individual septic system is 15 -20 years. If the owner intends to install a fireplace device, a fireplace application must be filed with this Department. FOREST r s SERVICE August 6, 1998 Tamara Pregl Aspen /Pitkin Community 130 South Galena Street Aspen, CO 81611 Development Department Re: Kann 1041 Wildfire Hazard Review Tamara, State Services Building 222 S. 6th Street. Room 416 Grand Junction, Colorado 81501 Telephone: (970) 248 -7325 I read the application and visited the site with the owners and their representative on August 3 This parcel can be accessed from River Road. The owners are proposing an addition on to the existing structure. The existing vegetation consists of irrigated turf, landscape plants and parking on three sides of the home. The only problem area is that above the house to the east. This vegetation is Gambel oak and serviceberry. Although it is not within twenty feet of the house I recommended that the owners remove the lower limbs to eliminate ladder fuels. They had already removed the lower limbs on some Gambel oak left in the landscape. I would rate the wildfire hazard as low to medium. The owners had also cut down some Gambel oak to reduce the wildfire hazard south of the existing landscaped area. Based on what I observed at this property and my conversations with the owners I am confident they will follow through with my recommendations to remove the ladder fuels on shrubs above the house. Feel free to call me with any questions. Sincerely, A. Vince Urbina Assistant District Forester Cc: Ed VanWalraven Carol Farino I ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5090 FAX (970) 920 -5439 10 0111101 TO: County Attorney County Eng Zoning CO Division of Wildlife CO State Forest Service Wildlife Biologist Env Health Aspen Fire Woody Creek Caucus FROM: Tamara Pregl, Community Development Department RE: Kann 1041 Hazard Review Parcel ID #2643 -16400 -045 DATE: July 7, 1998 Attached for your review and comments is an application submitted by Thomas Kann. The Hearing Officer will review this application. Please return your comments to me no later than A 7, 998. Thank you. lil C JlJ (, '4'crv'� /A00< -v b >' Woody Creek Caucus P.O. Box 299 Woody Creek, Colorado 81656 Aspen/Pitkin Community Development Tamara Pregl 130 South Galena Street Aspen, CO 81611 August 17, 1998 RE: Kann 1041 Hazard Review Parcel ID #2643 - 164 -00 -045 Dear Tamara: We hope that you will address the following issues: The property has a very limited building site; the existing footprint with decks appear to already extend beyond the legal limits. The driveway is extremely steep with blind egress (as applicant stated) onto a very busy county road. Question the one -step process when no building envelope exists with a request for an addition. Will there be a public hearing? Proper notification must be received by neighbors. Where is the sewer and septic currently located? There are many encroachments and easements for utilities, KN Energy, Holy Cross, US West, fiber - optics, public right -of -way, Rio Grande, driveway, county road, water, sewer, unstable steep slopes, and neighboring properties, to name a few, that must be considered in the review process. Sincerel f ?ood a us and District Planning Commission Jackie Lothian, Lanny Curtis, Brad Miller, Jim Collins and Michael Owsley wcckmn.doc UU0"j� MEMO To: Tamara Pregl, Community Development Department From: Ed Van Walraven, Fire Marshal Subject: Kann Parcel ID #2643 - 164 -00 -045 Date: July 8, 1998 Tamara, This project shall meet all of the applicable codes and requirements of the Aspen Fire Protection District. Please contact me if you have any comments or concerns. uuGh2 FACSIMILE TRANSMISSION To: Michelle Kann FAx: 923 -0032 DATE: 8/31/98 FROM: Tamara SUBJECT: Kann 1041 Review PAGES: COMMENTS: Michelle, In further discussion with the Zoning Officer, it has been determined that the rear property line is the south property line (deck side). The setback should be 30'. The front property line is the access side of your property. Therefore, the front yard setback is not from Upper River Road, the front yard is the north property line. The side yards setbacks are the east and west property lines. The side yard setback is 20'. Sorry for the confusion. I have tried to show you the change on the attached sheet. In addition, you are not required to go through Board of Adjustment for the outbuilding. However, further review and approval is required by the County if the building is modified. I will sent out an amended resolution to reflect this change. Please call me if you have any questions. I can be reached at 920 -5103. uOC;: A j7 _ N - I! 1 ' - 1TIO1� ti r. 1 ♦ W - LLM •� S x lb. is \ / W i CD /kyj Y yN LU > m - O ¢ O O UN N i" GO _ Z O 7 m 0 NO< �� OLU County of Pitldn } AFFIDAVIT OF NOTICE BY } ss. POSTING OF A PUBLIC HEARING State of Colorado } FOR A PITKIN COUNTY DEVELOPMENT PERMIT The undersigned. being fast duly sworn, deposes and says as follows: I, / /-7,, L// L/ L . A �Ah r1,' being or representing an Applicant for a Pitkin County Development Permit, personally certify that the attached photograph fairly and accurately represents the sign posted as notice of the public hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the sign wass posted and visible continuously from the Lg to the�0 --- 7z& v of r J ;fore the public hearing). Ap 'canfs Signature Subscribed and sworn to before me this �20 ay of 9,,u 1 19 172 by rnl6G Zi �Q tiN WITNESS il4Y HAND AND OFFICIA SEAL. My commission expires: /' 2 Notary Public's 6 r✓ . -a-* -o- ! - 'mrrO1P „ ” MY COMMISSION EXPIRES, Septeelbef 18, 200V r on CERTIFICATE OF MAILING RE: KANN 1041 HAZARD REVIEW & CONCEPTUAL SUBMISSION I hereby certify that on this 14th day of July, 1998, a true and correct copy of the attached Notice of Public Hearing was deposited in the United States mail, first -class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Aspen/Pitkin Planning Office by the applicant in regard to the case named on the Public Notice. By: Sharon Hinman Administrative Assistant lJt���l If 1, . PUBLIC NOTICE RE: KANN 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Thursday, August 20, 1998 at a meeting to begin at 10:00 am before the Pitkin County Hearing Officer, Commissioners Meeting Room, 506 East Main Street, Aspen to consider an application submitted by Tomas and Michelle Kann requesting 1041 Hazard Review and Conceptual Submission approval for the expansion of an existing building envelope to construct an addition onto an existing single family residence. The property is located at 8389 Upper River Road and is described as a tract of land being part of the Southeast 1/4 of Section 16, Township 9 South, Range 85 West of the 6th P.M. For further information contact Tamara Pregl at the Aspen/Pitkin Community Development Department, (970) 920 -5103. s/Lance Clarke Pitkin County Hearing Officer Published in The Aspen Times on July 18, 1998 Pitkin County Account No. 00113. Bud E r, 05 :06 PM 8/18/9 , R e:Kann X- Sender: bude @pubwork Date: Tue, 18 Aug 1998 17:06:19 -0600 { To: Tamara Pregl <tamarap @ci.aspen.co.us> 14� From: Bud Eylar <bude @ci.aspen.co.us> Subject: Re:Kann I looked at this this morning and I think it is ok. I would like for them to submit an access permit or a road icaPencroach menf for any work they may do at the intersection. One of the conditions for the work along the road is to have it signed for the construction activity because of the limited site distance. Bud At 10:02 AM 8/18/98 -0600, you wrote: >Bud, >Have you had a chance to review the info I have faxed over to you for the >vet hosp? I need your comments by tomorrow am. >Also, any comments for Kann? > Tamara �P rin ted f or Tamara Pre <tamarap co 4 PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Gabe Preston DATE: 5/18/98 PROJECT: Kann 1041 Hazard Review LOCATION: 8389 Upper River Road p REPRESENTATIVE: Carol Farino \ Phone /Fax: 925-9509/ � G OWNER: Thomas Kann ' Type of Application: 1041 Haz ;e O nt:Applicant 'ng Officer Review `� N Description of Project/De elq!� proposes a aN / addition to an existing single family residence and the deli`eatj f a 1041 hazard building epM . Land Use Cod ections to address injetfer of request" Ichtion: �1 • ,section 3- 80.10, Ijearing Officer Review • fiction 3- 80.50, / Geologic Hazard Areas: some slopes on property exceed 30 • ✓Section 3- 80.70, -Wildfire Areas: property has brush covered steep slopes — • e- 4 -50, One -Step Review Procedures • ,Si5ction 5- 70.20, Minimum Submission Requirements • ,Section 5- 70.40, Site Plan Staff will refer to: Attorney, Engineer, Environmental Health, Zoning, CO StatevForest Service, Aspe L District, Woody Creek Caucus Review by: Hearing Officer Public Hearing? YES, Before the Hearing Officer. A public notice sign shall be posted on the property at least 15 days prior to the hearing. Referral Agencies: Fees: Planning Deposit: $460 Engineer: $160 Environmental Health $160 TOTAL DEPOSIT: $780 (additional planning hours are billed at a rate of $180 /hour) To apply, submit the following information: '7 i t 1. Letter of request, addressing Code Sections liste above; Gk,~ � 24 x 36 Site Plan which includes topographic mformatton at contour mterva s w� n e propose V 0C . building envelope, location and dimensions of building envelope setbacks from property lines, existing Gdl• _structures, vicinity map. 3. Consent from owner(s) to process application and authorizing the representative (if applicable). 4. Parcel description, including legal description and vicinity map • r ` 5.y of this pre -app forme— rr�c.�e P�t 6. a copies of the complete application packet and maps. r. UlJ1, .)1 °� CM L-7. Application fee; —A vux'M 8.. Proof of ownership;(1 copy) +i Zt .s . 9. Agreement for Payment form (2 copies). 10. List of all.adjacent property owners, and an addressed envelope for each owner, with the return address of the Community Development Department. This 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 staff's interpretations based upon representations of the applicant. Additional information may be required upon complete review of the application. UUC"12" J Letter of Request Aspen /Pitkin County Development Department Aspen, Co. 81611 June 3, 1998 project: Kann 1041 Hazard Review location: 8389 Upper River Road representative: Carol Farino owner: Tomas Kann We propose to add a small addition to the existing single family residence. To accomplish this we must delineate a building envelope in conformance with a 1041 hazard review. Plans for the addition are attached. This sunporch addition projects into a previously excavated and then backfilled and landscaped hill which is addressed in this 1041 review application. We ask for a hearing officer review Section 3- 80.10. We ask for a one -step review procedure Section 4 -50. Section 3- 80.50.0 Potential Unstable Slopes. The sunporch addition cuts into a slope which was previously excavated, backfilled, and landscaped. We cut into the slope minimally and immediately contiguous to the existing structure. We have had our retaining wall designed by Brian Kurtz, structural engineer, design and detail sheet attached. This location has been previously disturbed. We cut into what has been backfilled against the existing house. No water will be added as no landscaping will be added. We will regrade and revegetate the contiguous slope to it's existing contours. The existing slope is less than 30 %. Section 3- 80.70.B Low and Medium Hazard Wildfire Areas. Lance and Gabe, during a site visit, noted that we have a minor hazard due to oak brush and vegetation. Our building site avoids most of the hazard. We are in the process of establishing a "defensible space. We have already begun to remove all brush within 10' of all structures. Our building envelope flat ground is an irrigated lawn. The sloped portion of the site is barren rock. UuCJ21 We are outside wildlife this point eventhough no in my pre -app. The site and a gravel pit and a b Attached are the items Section 5- 70.20. mapped areas. Gabe asked me to speak to section was called out for consideration is a small bench with a busy road below ike trail above. requested in our pre -app according to Attached is a site plan by Aspen Survey Engineers,Inc. in compliance with Section 5- 70.40. Carol Farino P.O. Box 10421 Aspen, Co. 81612 uut�,JC. o i° \ 337 x \\�` oodyv\ >t - /JJ 43 LA J �0 \ 1 Q O � �tj J 23 x a 0003 9000 y ]000 •*o ]1 10`3 1 d0 .� \ as la 1 1 LI TLE TE LH t0 \ 7ooa34 ]000a0 to 1 „ 10 , \ \ '4.1010031 I 10 •I I ito o 3 \ ld 10 1 ., 4 0 0 0 3e 306071 110 \ to II II ��� {00 7J ,•� \ '-- 300073 ,_I, 1, ` 30, 0.0 �((, I 40001A 109039 x ! 1 1 3 00012 �_ - .r 1 100016 I F /0 'yi ; 0001 ,_IO0 1, !� 300013 "- \ \ ty \ r 1000 0 1 :_, IoO�os 300030 1oyo,/ 0u01e 1000 33 10]00]' 10]001 l \ y� �'•, i 000] \ t\ \ I \1'00 o OJ ,\ � u 24 \ TRA DE RECD 01/02/1991 "I - BRIAN S. SLEDGE, for TEN AND NO /100 DOLLARS ($10.00) in hand paid, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby sells and conveys to TOMAS KANN, whose address is 809 S. Aspen Street, #8, Aspen, Colorado, 81611, the following real property in the County of Pitkin, State of Colorado, to wit: A tract of land being part of the Southeast one - quarter of Section 16, Township 9 South, Range 85 West of the Sixth Principal Meridian described as follows: Beginning at a point on the Westerly right of way line of the Denver and Rio Grande Western Railroad whence the North one - quarter corner of said Section 16 bears North 10'18'11" West 3743.00 feet; thence South 65'05' West 129.60 feet along the line described in Book 183 at Page 291 Pitkin County records; thence South 30 0 27' West 130.75 feet to the angle point of West line of subject property; thence South 02 °02' West 318.89 feet; thence South 84 °12' East 170.44 feet to the Westerly right of way line of said railroad; thence along a curve to right with a radius of 2199.30 feet a distance of 261.88 feet (chord bears North 04 °16'40" West 261.73 feet) along said Westerly right of way line; thence along a curve to the right with a radius of v 622.96 feet a distance of 248.01 feet (chord bears North 10 °32'20" East 3 246.38 feet) along said Westerly right of way line to the Point of Beginning. Also known as 8389 Upper River Road, Woody Creek, Colorado together with all its appurtenances and buildings and improvements thereon, and warrants title to the same EXCEPT AND SUBJECT TO: 1. Taxes for the year 1997 and all subsequent years. 2. All rights to any and all materials, ore and metals of any kind and character, and all coal, asphaltum, oil, gas and other like substances in or under said land, the rights of ingress and egress for the purpose of mining, together with enough of the surface of the same as may benecessary for the proper and convenient working of such minerals and substances, as reserved in Patent from the State of Colorado, recorded June 25, 1937 in Book 162 at Page 585 as Reception No. 89096. 3. A strip of land 60 feet in width for road purposes granted unto Pitkin County as set forth in instrument recorded January 3, 1918 in Book 156 at Page 41 as Reception No. 79130. 4. Right of way Easements granted unto Rocky Mountain Natural Gas Company, Inc. as set forth in instrument recorded December 14, 1962 in Book 200 at Page 240 as U lj G .i 5 Reception No. 114564, and recorded June 19, 1963 in Book 202 at Page 559 as Reception No. 115663. 5. Right of way Easement granted unto Holy Cross Electric Association, Inc. as set forth in instrument recorded July 1, 1974 in Book 288 at Page 845 as Reception No. 168504. 6. A perpetual _asement over, under, along, across and through for public access, together with the rights to install, construct, reconstruct, excavate for, repair, replace, and maintain a roadway granted unto the Board of County Commissioners of Pitkin County, Colorado as set forth in instrument recorded June 2, 1980 in Book 389 at Page 676 as Reception No. 221397. 111111 IIIII 111111 40 IIIII�IIII IIII 1111111 III IIIII IIII IIII '5929 07/02/1997 0 :09P WD DAVIS SILVI 1 of 2 R 11.00 D 89.50 N 0.00 PITKINCO COLORADO " Y 7. Terms, conditions, obligations, provisions and easements of Agreement for Easement by and between Nolan E. Douglas and Micro -Cable Communications Corporation, a Washington corporation d/b /a Canyon Cable TV as set forth in instrument recorded April 12, 1983 in Book 443 at Page 233 as Reception No. 2449339. 8. Encroachment of deck on to property to the west as shown on survey by Aspen Survey Engineers, Job No. 12144, dated April, 1997. Dated this �G{day of �tJ 1997. BRIAN S. GE STATE OF l :1) load -o ) ss. COUNTY OF Pj t 0 ) The foregoing instrument was acknowledged before me this " day " day of jUU 1997, by BRIAN S. SLEDGE. Witness my hand and official seal. My commission expires: _ Notary Public PAULA L AMBER71 fi 1 111111 11111 111111 11111 11111 IN 1111111 III 11111 1111 IN 408929 07/02/1997 04:09P WD DAVIS SILVI 2 of 2 R 11.00 D 89.50 N 0.00 PITKINCO COLORADO 11pa L' 5Q197156 PM From Tomas M, Kun Page 1 of 4 MAY. 20. 1997 2 :57r'11 1 2 3 kv AAR" TITLE ASPEN , tip NO. 720 '''.1 smLtry of conwad STEWART TITLE OFASP9N, INC. 820 E. HOPKINS • ASPEN, COLORADO 81811 • (970) 925.3677 - FAX (970) 92$•1384 Board of County Commissioners Go Tomas and Michelle Kann Via Fax -92 &2191 (3 Pages) May 20, 1998 Re: Property purchase by Kann from Seldge, Sec. 16, T9S, R85W; Order No. 23711 Board of Commissioners, Pitkin County. Colorado: Stewart Title of Aspen has conducted a search of the appropriate real estate records of Pitkin County with respect to the property described on Exhibit A, attached hereto ( "subject property"). Title to said property appears to be vested In the name(s) of Brian S. Sledge. The subject property was first subdivided from a larger parcel by deed recorded in Book 292 at Page 930 as Reception No. 171084, a copy of which is attached hereto. Based upon a search of the appropriate real estate records, Stewart Title of Aspen hereby certifies that at no time since said Deed has any owner the subject property simultaneously held title to any adjacent tract. This statement is neither an abstract, opinion nor guaranty of title and is intended specifically and exclusively for the use of the Board of County Commissioners of Pitkin County In determination of "merger of title" or lack thereof as said "merger" relates to the applicable statues, ordinances and restrictions of jurisdiction. It is understood and agreed that Stewart Title of Aspen, Inc„ neither assumes, nor will be charged with any financial obligations or liability whatever on any statement contained herein. Sincerely, Peter P_ Delany S.V.P. UU0;J27 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT !T maning um no - or, m•w e, rnivir PITKIN COUNTY (hereinafter COUNTY) and / /J;f L . ���!✓/I� (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT) 2. APPLICANT understands and agrees that Pitkin County Resolution No. 96 -52 establishes 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 to all APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. 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. UUG .1L3 7. This fee structure shall b . any adjustments be nece! 8. The Community Develo use application, whether Wildlife Officer, or Hou The Community minor or a major referral, application, and charge tt shall not apply to the con reviewed annually as part of the County budget hearing process and should ary, they shall be changed to become effective on January 1. nent Department shall identify, prior to or at the time of submission of a land a application is to be referred to the Engineering, Environmental Health, ag Departments or whether a County Clerk Administrative Fee is required. nent Department shall also identify whether an application constitutes a based on the number of hours which will be required to review the applicant for each referral accordingly. Additional Billings and Refunds of referral fees: In the event that staff determines that special expertise is required to assist the Community Development Department in the review of < permit application such costs will be borne by the applicant. UC9 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 $ which is for hours of Planning 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 g:\supportUorms\agrpay.doc 2/19/98 APPLICANT Prin Nal e �C7 Si ature l Date: � // 9 / r Mailing Address: weo'�i Y C Co Fly t}lJu,_)j,1 ys COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5090 Pitkin County Land Use: 172 Board of Adjustment 159 County Land Use Code 173 Deposit (C.7 - -- 174 Flat Fee 162 Zoning and Sign 171 Public Notice Referral Fees: RB115 Access Permit 197 County Clerk 193 County Engineer 7 6n - - - - 194 Environmental Health - 198 Housing 190 Land Management 196 Wildlife Officer 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 Reinspection 151 Aspen Sanitation 152 AVFD Fire Marshal Other Fees: 155 Use Tax 165 Copy Performance Deposit 185 Park Dedication 186 Housing Cash in Lieu 166 GIS Maps RB116 Road Impact Fees TOTAL 0 ADDRESS/PROJECT:__ 1 11 - CHECK# : t - - CASE /PERMIT #i # OF COPIES: DATE: INITIAL: iii - 1 i'! i a P c �ja o R�. dab . si a a u a i j C ` a A w _:. _ ,L ,5•n2? SPL: s_RN RAILROAD R O.W. T s i :o � p a 3�`fE T 4 p p G h zi ti; 3rP� z " a8�r ?is4i 36 y eah _ iE y c �ja o R�. dab . si a a u a i j C ` a A w _:. _ ,L ,5•n2? SPL: s_RN RAILROAD R O.W. �* v r �h 3� z z r-. IZ t"3 i� M T 4 p p G h 36 y eah K1 y 5" [[ SeS y R _a npnp '4 e4° d! �* v r �h 3� z z r-. IZ t"3 i� M I i I � I E�4 31 ;s §i I t ' [ 1 uuCC32 T 4 h I i I � I E�4 31 ;s §i I t ' [ 1 uuCC32