HomeMy WebLinkAboutpitkin.planning.264316200018DOCUMENT 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)
PARCEL ID: 2643- 162 -00 -018 DATE RCVD: 7/10 /2000 #I:OPI�S: 16 CASE NO IP091 -00
CASE NAMEd Karp 1041 Hazard Review Planners Brian McNelli,
PROJ ADDR: 0181 Liberty Ln S -T -R 16 -9 -85 Woody Creek Lots 9 & 12 .am
OWN /APP: Robert Karp ADR 401 E. Ontario, #501 CIS /Z: Chicago IL 60611 PHN:I
REP: Mitch Haas ADR: 201 N. Mill St., #108 C /S /Z: Aspen, CO 81611 PHN: 92 5 - 7 81 917 3 9 5
Email Addr: I ALLOCATED HOURS: —J �
FEES DUE: 460 FEES RCVD; 460
REFERRALS (Attorney, Floodplain Administrator, W
REF: 7/12/2000
MTG DATE REV BODY PH
r Admin No
10117/2000 HO No r
7 F— No F
% OVER:
ildlife Biologist. CSFS, Woody Creek Caucus _ Y
I BY TKT DUE: 8/13/2000
NOTICED DATE OF FINAL ACTION: 10/1712000
9/16/2000
CLOSED: 107812000 BY: TKT
BOCC Reso:
VR APPROVAL DATE: F 10/17/2000
BOCC Ord:
CASE TYP: 1041 Hazard Review
PZ:
F—
HRG OFF:
33 -2(
HO INDEX:
2000
ADMIN:
F
PLAT RECORDED 1111 /00 PLAT (BK,PG): F54 P74 #448432 ADMIN INDEX:
VR APPROVAL DATE: F 10/17/2000
VR EXPIRES: F 10/17/2003
CASE TYP: 1041 Hazard Review
CASE TYPS:
CASE TYP2:
CASE TYP6:
CASE TYP3:
CASE TYP7:
CASE TYP4:1
Date Scanned: 1/7/2011
File Location: IFF Box
April 24, 2017
Pitkin County Community Development
130 S. Galena St
Aspen CO, 81611
RE: 181 Liberty Lane
Dear Bonnie,
Please feel free to share any plan or document information on file with Pitkin County with either
Alison Agley (architect) and/or Bart Johnson (attny) for our property 181 Liberty Lane, Aspen
CO. We're working to make certain we understand how much FAR the home has before we
move forward with making any remodeling plans.
Thank you.
Regar s,
i
f` J
Estela & David Cockrell
Thunder River Properties LLC
13111 Norhwest Frwy #125
Houston, TX 77040
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
3` Floor
Aspen, Colorado 81611
(970) 920 -5526 FAX # (970) 920 -5439
April 2, 2009
John A Buck II Trust
C/o Cass Foley
181 Liberty Ln
Woody Creek, CO
RE: Land Use Exemption (PID # 2643- 162 -00 -018, 181 Liberty Ln, M/B Woody Creek)
After checking for site specific issues, including scenic review and reviewing your plans for the proposed
addition in the proposed location as demonstrated in the drawings reviewed in the Community Development
office on April 1, 2009 for the above mentioned address, it has been determined the work shall not encroach
into any constrained areas identified in Chapter 7 of the 2006 Land Use Code. The Lot is however, subject to
standards for development in a scenic view protection area. These standards pursuant to section 7-20 -
120(d) can be seen as an attachment to this letter. (See pages 46 -50). This proposal has been reviewed by
the Planning Director and it has been determined your project can be exempted from formal scenic review
pursuant to section 7- 20- 120(c) (5) (b) of the Code.
Compliance with the following conditions is strongly encouraged based on the location within a scenic view
area:
Conditions
1. The exterior of all development should utilize only earth toned materials and colors.
2. All roofs shall utilize non - reflective colors and materials.
3. The windows shall be the least non - reflective available.
4. All construction parking should be limited to on -site. No parking shall occur on the Road.
5. All areas disturbed by construction should be re- vegetated with native vegetation as listed in the
Pitkin County Revegetation Guideline within one growing season of the project's completion.
6. No structural development, with the exception of fencing, in excess of 30" shall occur within the
setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most
restrictive grade. Any external development located within setbacks mandated by County zoning
regulations shall require a variance from the Board of Adjustment. Approval of a landscape envelope
within such setbacks does not assure approval of a variance.
7. Outdoor lighting should be minimal for health and safety purposes.
Be advised that all other zoning and building codes and regulations are applicable.
This exemption is not vested and may not be applicable at the time of permit submittal.
Provide a copy of this letter as proof of your Land Use approval to obtain your Building /Zoning Permit. You
are responsible for requesting and obtaining all additional permits as needed.
Additionally, if you have any questions or concerns, please feel free to call me at 970- 920 -5092.
Sincerely,
Cari Anne Holcomb
Planner
Community Development Pitkin County
970.920.5092 (Phone) 970.920.5439 (Fax)
cariannehCa
Attachment: Scenic View Protection 2006 Pitkin County Land Use Code, Section 7 -20 -120
'10000 - 1 o;Ss,�
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
3' Floor
Aspen, Colorado 81611
(970) 920 -5526 FAX # (970) 920 -5439
February 18, 2009
John A Buck II Trust
c/o Anna Boeschenstein
181 Liberty Ln
Woody Creek, CO
RE: Land Use Exemption (PID # 2643 - 162 -00 -018, 181 Liberty Ln, M/B Woody Creek)
After checking for site specific issues, including scenic review and reviewing your plans for the proposed
hardscape including a wood burning pizza oven, swim spa and hot tub as well as new landscape in the
proposed location as demonstrated in the drawings received for the above mentioned address, it has been
determined the work shall not encroach into any constrained areas identified in Chapter 7 of the 2006 Land
Use Code. The Lot is however, subject to standards for development in a scenic view protection area.
These standards pursuant to section 7- 20- 120(d) can be seen as an attachment to this letter (See pages 46-
50). This proposal has been reviewed by the Planning Director and it has been determined your project can
be exempted from formal scenic review pursuant to section 7- 20- 120(c) (4) (b) of the Code.
Compliance with the following conditions is strongly encouraged based on the location within a scenic view
area:
Conditions
1. The project should utilize earth toned, non - reflective materials.
2. All construction parking should be limited to on -site. No parking shall occur on the Road
3. All areas disturbed by construction should be re- vegetated with native vegetation as listed in the
Pitkin County Revegetation Guideline within one growing season of the project's completion.
4. No structural development, with the exception of fencing, in excess of 30" shall occur within the
setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most
restrictive grade. Any external development located within setbacks mandated by County zoning
regulations shall require a variance from the Board of Adjustment. Approval of a landscape envelope
within such setbacks does not assure approval of a variance
5. Outdoor lighting should be minimal for health and safety purposes.
6. Provide a copy of the landscape plan with plant species along with your building /zoning permit.
Be advised that all other zoning and building codes and regulations are applicable.
This exemption is not vested and may not be applicable at the time of permit submittal.
Provide a copy of this letter as proof of your Land Use approval to obtain your Building /Zoning Permit. You
are responsible for requesting and obtaining all additional permits as needed.
Additionally, if you have any questions or concerns, please feel free to call me at 970 - 920 -5092.
Sincerely,
Cari Anne Holcomb
Planner
Community Development Pitkin County
970 920.5092 (Phone) 970.920.5439 (Fax)
cariannehaco.pitkin.co.us
Attachment: Scenic View Protection 2006 Pitkin County Land Use Code, Section 7 -20 -120
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DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY
DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO,
GRANTING APPROVAL TO THE KARP 1041 HAZARD REVIEW
Determination No. M -2000
RECITALS
Robert Karp ( "Applicant ") has applied to the Pitkin County Hearing Officer for
1041 Hazard Review approval to establish a building envelope which will
encompass an existing single family residence and proposed septic system.
2. The property is zoned APR -2 and contains 2 acres.
3. The property is located at 181 Liberty Lane in Woody Creek.
4. The Hearing Officer heard this application at a duly noticed public hearing on
October 17, 2000, at which time evidence and testimony were presented with
respect to this application.
5. The Hearing Officer finds that the building envelope avoids the 100 year
floodplain, is categorized as low wildfire, and has no adverse impacts on existing
wildlife habitat.
NOW THEREFORE, BE IT RESOLVED by the Pitkin County Hearing Officer that
approval is hereby granted to the Karp 1041 Hazard Review for a building envelope
subject to the following conditions which shall run with the land and be binding on all
successors in interest.
1. The Applicant shall adhere to all conditions and material representations made in the
application and public meetings except as amended herein.
2. The Applicant shall record a 24 X 36 inch mylar 1041 Hazard Review Site Plan in
accordance with Section 5 -70 -040 of the Land Use Code. The site plan shall also be
submitted in digital format for integration in to the County Geographic Information
System (GIS) prior to submission of a building permit or septic permit.
3. No development, including, landscaping, native vegetation removal or disturbance,
and well /septic, shall be permitted outside the approved building envelope except as
necessary to implement wildfire mitigation measures required herein, removal of the
existing septic system, and demolition of the existing residence.
4. A revegetation plan, for the slope area where the existing septic system will be
removed, shall be approved by Community Development and Land Management
prior to building permit submission.
1111111111111111111111111111 IN 111111 III 111111111 IN
/ 448431 11/01/2000 08:448 DETERNIN DAVIS SILVI
V U i;,JU 4 1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Hearing Officer Determin:..,, i No.2000 _
Page 2
5. The building envelope shall be modified on the site plan to exclude any portion of the
existing access easement and shall be approved by planning staff prior to recordation.
6. No development greater than 30" shall occur within the property setbacks without
approval from the Board of Adjustments.
7. The Applicant shall comply with the following wildfire mitigation measures
Defensible Space:
Note: Actual vegetation manipulation to meet these conditions may not be necessary
where the natural vegetation patterns have already fulfilled these conditions.
A. Brush, debris, and non - ornamental vegetation shall be removed within a distance
a 10 foot perimeter of all structures. Existing Gamble oak shall be removed within
15 feet of all structures.
B. Vegetation shall be reduced to break up the vertical and horizontal continuity of
the fuels a minimum of a 30 foot perimeter around a structure built on flat ground.
C. Spacing between clumps of brush and vegetation within the 30 foot perimeter
shall be a minimum of two times the height of the fuel. Maximum diameter of the
clumps shall not exceed 10 feet. All measurements shall be from the edges of the
crowns of the fuels.
D. All branches from trees and brush within the 30 foot perimeter shall be pruned to
a height of 10 feet above the ground and removal of ladder fuels from around
trees and brush.
E. Tree crown separation within a 30 foot perimeter shall have a minimum of 10 feet
between the edges of the crowns. This does not apply to mature stands of Aspen
trees where the above recommendation for removal of ladder fuels have been
complied with.
F. All branches which extend over the roof eaves shall be trimmed and all branches
within 15 feet of the chimneys shall be removed.
G. The density of fuels within a 100 foot perimeter around all structures shall be
reduced where natural reduction has not already occurred.
H. All deadfall within the 100 foot perimeter shall be removed.
1. The Applicant shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
8. The Applicant shall comply with the following additional wildfire mitigation
standards:
A. Rooting: New roofs shall have a class A, non - combustible roof system. Wood
shake /shingle roof coverings and flat roofs (up to a 3:12) pitch are prohibited.
B. Vents shall be screened with corrosive resistant wire mesh with mesh one - fourth-
inch (1/4") maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash, and flammable debris.
111111111111 "III' 1'1'11'11" 1111111111111111111111 IN
l�liu`jU 2 R 00 0.00 DETERMIN DAVIS
COUNTY CO
Hearing Officer Detertnina, i No. 2000
Page 3
E. All flammable materials shall be stored on a parallel contour a minimum of 15
feet away from any structure.
F. Weeds and grasses within the 15 foot perimeter shall be maintained to a height
not more than 6 inches.
G. Firewood /wood piles shall be stacked on a parallel contour a minimum of 15 feet
away from any structure.
11. Swimming pools shall accessible to Fire Department vehicles.
t. Fences shall be kept clear of brush and debris.
J. Wood fences shall not connect to any structure.
K. Any outbuildings or additional structures shall adhere to the same standards as
structures.
L. Fuel tanks shall be installed underground with an approved container.
M. Propane tanks shall be installed according to NFPA 48 standards and on a contour
away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be
constructed with materials approved for 2 hour fire resistive construction on the
exterior side of the walls.
N. Each structure shall have a minimum of one pound approved ABC fire
extinguisher placed in a visible and accessible location.
O. Addresses shall be clearly marked with 2 inch non - combustible letters and shall
be clearly visible at the primary point of access from the public or common access
road and installed on a non - combustible post.
P. New utility lines shall be buried.
Q. The underside of decks shall be enclosed with 1 hour fire resistive construction
materials,
8. Fencing outside of the building envelope shall comply with Section 3 -80 -080 (A)(l 1)
of the Pitkin County Land Use Code.
The Applicant shall install a bear -proof trash container which shall be approved by
the Pitkin County Wildlife Biologist prior to issuance of Certificate of Occupancy for
any new residence.
10. Floor area exempt from growth management shall be limited to 5,750 square feet.
Floor area shall be calculated based on the definition in effect at the time of building
permit submittal.
11. Statutory vested rights for the approval contained herein are granted pursuant to the
Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set
forth in Pitkin County Land Use Code, § 4 -140 and C.R.S., § 24 -68 -105. The
statutory vested rights granted herein shall expire on October 17, 2003.
111111 IIIII 111111111111 IIIII II" 111111 III "I" IN I"I
448431 11/01/2000 08:448 DETERMIN DAVIS SILVI
3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
L; U jt1U
Hearing Officer Determina,,, No. 3
Page 4
NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 16th DAY OF SEPTEMBER 2000.
APPROVED ON THE 17th DAY OF OCTOBER 2000.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN
THE ASPEN TIMES WEEKLY ON Qc�a6ev - jr I x000
ATTEST:
Tenley Ta lor,
Administr tive As istant
HEARING OFFICER OF PITKIN
COUNTY, COLORADO
Lance Clarke
Hearing Officer
Date: le-
APPROVED AS TO FORM:
John
ounty Attomey
Case #P91 -00
PID# 264316200018
APPROVED AS TO CONTENT:
m y ouben,
Community Development Director
1111111 11111 111111 111111 11111 IS 111111 III 11111 1111 1111
448431 11/01/2000 08:44A DETERNIN DAVIS SILVI
4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
UUG"jU
MEMORANDUM
TO: Pitkin County Hearing Officer
FROM: Brian McNellis, Planning Technician
/'1'n#
RE: Karp 1041 Hazard Review
DATE: October 17, 2000
SUMMARY OF REQUEST: The Applicant requests 1041 Hazard Review to establish
a building envelope which will encompass an existing single family residence and new
septic system.
APPLICANT: Dr. Robert Karp
LOCATION: The property is located at 181 Liberty Lane in Woody Creek.
ZONING /SIZE: The property is zoned AFR -2 and contains 2 acres. The property is
conforming in size.
REFERRAL COMMENTS: Referral agency comments are incorporated throughout
this memorandum and are attached for reference. Written comments were not received
from the County Attorney and Floodplain Administrator.
Joanna Schaffner, the Pitkin County Zoning Officer, reviewed the application and
indicated that the building envelope should avoid the designated access easement. She
also indicated that no development exceeding 30" is permitted within the designated
setbacks without Board of Adjustment approval.
STAFF COMMENTS:
1041 Hazard Review:
Wildfire: Vince Urbina, of the Colorado State Forest Service, rated the wildfire hazard on
the property as low. He mentioned that the proposed building envelope is flat and that
vegetation on the property is widely spaced with no fuels in- between. He recommended
the removal of Gamble Oak within the building envelope and on the slopes approaching
the river. Mr. Urbina suggested defensible space standards that have been incorporated
as conditions of approval in the attached determination.
Slope: The proposed building envelope is relatively flat and contains no slopes in excess
of 15 percent. There are potentially unstable slopes associated with the hillside
approaching the river. Staff has recommended a setback of at least ten feet from the top
of the slope.
vEi�.i',)UU
Floodplain: The proposed building envelope avoids the 100 year floodplain as shown in
the attached site plan.
Historic: The existing structures on the property have no significant historic value.
Wildlife: Jonathan Lowsky, the Pitkin County Wildlife Biologist, visited the property
and had no concerns regarding the proposed building envelope as it avoids significant
riparian habitats existing on the lower portions of the property near the Roaring Fork
River. Mr Lowsky recommended mitigation standards to minimize impacts to these
sensitive areas.
RECOMMENDATION: Staff recommends that the Hearing Officer approve the Karp
1041 Hazard Review subject to the conditions in the attached Hearing Officer
Determination.
Attachments
1. Draft Resolution
2. Colorado State Forest Service Letter
3. Pitkin County Wildlife Biologist Letter
Application and Site Plan attached separately.
* Mr. McNellis has received a Bachelors Degree in Environmental Design from the University of
Colorado and has worked as a Planning professional for 5 years. Mr. McNellis has been an employee of
Pitkin County for a total of 4 years.
u0v',1u`)
Colo
June 16, 2000 FOREST
SERVICE
Mitch Haas
Haas Land Planning State Services Building
222 S. 6th Street, Room 416
201 N. Mill St., Suite 108 Grand Junction, Colorado 81501
Aspen, CO 81611 Telephone: (970) 248 -7325
Re: Karp (181 Liberty Lane) 1041 Wildfire Hazard Review
Dear Mitch,
Please include this letter with any correspondence to Pitkin County. When the county contacts me about this
property I will defer to the comments contained in this letter.
1 visited the Karp property with Mitch Haas the owner's representative on May 31 Access to the property is
good from Liberty Lane a dirt road that passes in front of the existing house. The owners are planning to
remove the existing structure and build a new one. The new home will sit on the same building footprint.
Some of the existing mature landscaping will remain and other mature trees will be removed.
The new home will sit on a nearly level bench above the Roaring Fork River. The existing vegetation consists
of mature willow, crabapple and blue spruce trees. All of these trees were planted in their present locations.
Mowed turf occupies the space between these trees. I would rate the existing wildfire hazard as low because
the trees are widely spaced and there is little to no fuel between these trees. There is a small patch of Gambel
oak south west of the existing house. This patch may be removed with the new construction. If it stays it must
be no closer than 15 feet to the new house and the lower limbs should be removed up to half the total height of
the trunk to eliminate ladder fuels.
Due west of the house the slope drops dramatically for a short distance to an existing grass covered path to
the Roaring Fork River. This path will remain and does serve as a small fueltfire break. This grass should be t
mowed regularly to maintain the break in fuels. The slope then levels out from the path to the river. From the
path to the river is mostly riparian vegetation consisting of cottonwoods, aspen and chokecherry. There is a
small patch of Gambel oak between the path and the start of the riparian vegetation. I recommend removing
this patch of oak because it is dense and could impact the house if a fire were to originate in the area between
the river and the new house. The existing riparian vegetation (i.e., cottonwood, aspen) can stay in its present
configuration. The lower limbs of all cottonwoods and aspens below the house should be removed to a height
of 10 feet or half the total height of the plants whichever is least to eliminate ladder fuels. This ladder fuel
removal should take place within a perimeter of 125 feet of the house.
I recommend enclosing the undersides of all decks with 1 -hour fire resistive construction material if the owners'
plan on having decks on the west side of the house. This side of the house would be most impacted by any
wildfire. This recommendation is described in the Pitkin County Land Use Code. I also recommend that
future woody landscaping be no closer than 10 feet to any structure.
Feel free to call me with any questions.
Sincer
A. Vince Urbina
Assistant District Forester
iui,•�tll�
JUN.20.2000 12:47PM PITKIN COUNTY PUBLIC WORKS
' PITKIN COUNTY
WILDLIFE MANAGEMENT
r
June 20, 2000
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Mitch Haas
Hass Land Planning
Dear W Haas:
NO. 5144 P. 1
I have no substantial ptoblems with development of the Karp parcel (Parcel id# 2643 162 00 018)
as proposed. The proposed building envelope is located in a previously developed area and is not
significantly extending the influence of development. The only significant wildlife habitat on the
property is below the proposed building envelope along the Roaring Fork River and on the west.
facing slopes, The parcel lies in an area with a history of black bear/human conflict and bears
actively use the Roaring Fork River riparian area as a movement corridor.
Given the above, the following conditions should be applied mini —ir impacts to wildlife:
1. Fencing outside the building envelope must comply with §3- 80,080(A)(10) and 53- 80.080(A)(11)
of the Pitkin County Land Use Code.
2. Native vegetation must be maintained outside the building envelope as per §3- 80.080(A)(3).
3. Installation and use of approved bear-proof trash containers' should be required. Verification
of this condition should be required prior to issuance of s certificate of occupancy.
ee BdAn McNcuis
Sincerely,
1 A bear ptwf teach emninu m is be a My codas*{ and codtakw of *oy IL" with a v=1 lid 4w ha* am* etap ap 4 mcch*nime Appmnl ie
owocd by the P" Coanty wife Bblo& oe pmemed of the CObado DrVWW of wimufa
76 66RVICa CCHTaR NO • Aa PrN. CO • •1611
PHONE: 070.9E0.3306 • PAAt !70.930.637/
J0NATHAN000.PITKIN.00.V6
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LM
11
AN APPLICATION FOR
ADMINISTRATIVE APPROVAL OF
1041 ENVIRONMENTAL HAZARDS REVIEW
FOR DR. ROBERT KARP
Submitted by:
Dr. Robert Karp
401 East Ontario, Apartment 501
Chicago, IL 60611
Prepared by:
HAAS LAND PLANNING, LLC
Planning Consultants
201 North Mill Street, Suite 108
Aspen, CO 81611
(970) 925 -7819
fax: (970) 925 -7395
mhaas @gateway.net
PROJECT CONSULTANTS
PLANNER
Mitch Haas, AICP
Haas Land Planning, LLC
201 North Mill Street, Suite 108
Aspen, CO 81611
(970) 925 -7819
ARCHITECT
David F. Gibson, AIA
Gibson Architects, LLC
201 North Mill Street, Suite 101
Aspen, CO 81611
(970) 920 -3007
SURVEYOR
David W. McBride, RLS 16129
Aspen Survey Engineers, Inc.
210 South Galena Street
Aspen, CO 81611
(970) 925 -3816
UUUJ-L3
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TABLE OF CONTENTS
PAGE
I. INTRODUCTION ............................................ ..............................1
A. Description of Application ........................ ..............................1
B. Overview of Neighborhood and Subject Property .......................2
C. General Submission and Procedures ........... ..............................4
II. 1041 ENVIRONMENTAL HAZARDS REVIEW ...... ..............................5
A. Section 3 -80 -050, Geologic Hazard Areas ...... ..............................6
B. Section 3 -80 -070, Wildfire Hazard Areas ....... ..............................7
C. Section 3 -80 -080, Wildlife Habitat Areas ...... ..............................9
• Section 3- 80- 080(A), General Standards .. .............................10
• Section 3- 80- 080(G), Riparian, Shoreland
and Wetland Areas ............................ .............................11
• Section 3 -80 -040, Floodplain Hazard Areas .......................... 11
• Section 3 -80 -030, General Standards ...... .............................13
III. VESTED RIGHTS ........................................... .............................
IV. SUMMARY .................................................... .............................1
EXHIBITS
Exhibit #1:
Proof of Ownership
Exhibit #2:
Letter of authorization
Exhibit #3:
Pre - Application Conference Summary
Exhibit #4:
Referral Letter from Vince Urbina
Exhibit #5:
Referral Letter from Jonathan Lowsky
Exhibit #6:
Agreement to Pay Form
Exhibit #7:
List of All Adjacent Property Owners
A
M
, I. INTRODUCTION
A. Description of Application
This is an application for administrative approval of a 1041 Hazard
Review Site Plan (building envelope) for a single - family residence and
customary accessory uses at 181 Liberty Lane (Parcel ID 2643- 162 -00 -018). The
property is located between the Roaring Fork River and the Woody Creek Trailer
Park. The property contains areas mapped for low risk wildfire hazards,
geologic hazards (slopes greater than 30 %), and floodplain hazards. Pursuant to
Section 3- 80- 010(B)(1), the proposed building envelope limits all development
such that it will entirely avoid these areas of Local /State Interest /1041
Environmental Hazards. As such, the proposed building envelope may be
approved pursuant to the procedures of Section 440, Administrative Review
Procedures.
This application is being submitted by Dr. Robert Karp (hereinafter "the
applicant'), who is the owner of the subject property. Proof of ownership of the
property is provided in Exhibit #1, the title insurance commitment. A legal
description of the property is included on the proposed 1041 Hazard Review
i Map. Authorization for Haas Land Planning, LLC, and Gibson Architects, LLC,
A to represent the property owner for this application is provided in Exhibit #2.
A pre - application conference was held with a representative of the Pitkin
County Community Development Department (Brian McNellis) on May 10, 2000,
to discuss this project (see Exhibit #3, Pre - Application Conference Summary).
Based on this meeting, it was confirmed that the project could proceed as an
administrative 1041 Hazard Review given the building envelope that is being
proposed, provided a topographic survey demonstrates avoidance of slopes of
15% or greater and favorable reviews are received from the State Forest Service
and the Pitkin County Wildlife Biologist. The floodplain of the Roaring Fork
River is not an issue since the proposed building envelope is located
substantially upslope of it (more than 50 vertical feet) and between 165 and 235
horizontal feet from it (see survey/ site plan).
Mitch Haas of Haas Land Planning, LLC, has visited the site with Brian
" McNellis (County Planning Department), Vince Urbina (Colorado State Forest
Service), and Jonathan Lowsky (County Wildlife Biologist). Mr. McNellis
suggested some modifications to the westerly boundary of the building envelope
and his suggestions have been incorporated into the proposal made herein. Mr.
Urbina agreed with the 1041 mapping inasmuch as he rates the existing wildfire
�. hazard as "low" because the trees are widely spaced with little to no fuel
between. He felt that the proposed envelope is not problematic from a wildfire
,.e
Karp Administrative 1041 Review Application Page 1
UU J14J
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.� hazard standpoint, and basically suggested only that some of the Gambel oak
located down -slope of the proposed envelope be removed and the stumps be
treated to prevent regeneration (see Exhibit #4). Mr. Urbina had no concerns
with regard to any of the area to the east of the proposed westerly envelope
boundary other than to require that future woody landscaping be no closer than
ten (10) feet from any structure. Mr. Lowsky stated that the proposed building
envelope is located in a previously developed area and is not significantly
extending the influence of development; moreover, he has "no substantial
problems with development of the Karp parcel as proposed" (see Exhibit #5).
Since the property is zoned AFR -2 and contains two acres, it is a
conforming lot. Conceptual architectural designs for the residence have already
been prepared such that the structure and related improvements will fit within
the proposed envelope and will respect the applicable setback requirements. The
proposed envelope extends to the front and side property lines in an effort to
allow for landscaping in these areas, however, it is recognized that all structures
and other improvements that would exceed 30" above or below natural grade
must respect the setback limitations. Finally, the applicant is requesting that
vested rights be granted with this 1041 Hazard Review Site Plan.
ar
The following sections of this application identify and respond to the
applicable standards of the Pitkin County Land Use Code. First, however, an
overview description of the existing conditions of the neighborhood and subject
property is provided.
B. Overview of Neighborhood and Subject Property
The subject lot is a metes and bounds parcel located on the west side of
Liberty Lane. Its physical address is 181 Liberty Lane, and it has been assigned a
Pitkin County Parcel ID Number of 2643 - 162 -00 -018. Liberty Lane is a private
gravel road accessed via River Road, just north of the Woody Creek Trailer Park
and Tavern. Single family residences and vacant lots line both the east and west
sides of Liberty Lane, with the homes /lots on the east side backing up to the
Woody Creek Trailer Park. The homes and lots on the west side extend down
into the Roaring Fork River. The area is zoned AFR -2, Agricultural/ Forestry/
Residential.
a
The subject property is a conforming lot containing 2.00± acres. It is
broken into distinct upper and lower portions. The upper portion is essentially
flat and more or less even with the level of Liberty Lane. The upper portion
Karp Administrative 1041 Review Application Page 2
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., contains an existing single - family residence with a rear terrace /deck', a walkout
basement, a fenced in dog area in the northerly side yard, a landscaped and
grassed area in the southerly side yard, a gravel, looped driveway in the front
y (easterly) yard, and a run -down carport /storage area in the center of the
driveway loop. For the most part, the upper portion is sparsely vegetated with a
few scattered willow, crabapple, and blue spruce trees (all of these trees were
planted in there present locations), as well as a small patch of Gambel oak west
of the existing house. Mowed turf occupies the space between the trees. The
southerly end of the upper area, in the side setback area, is covered with
sagebrush and the property line is delineated by a one foot tall stone wall.
Overhead electric lines extend the length of the front yard in a north -south
i , direction, with an overhead electric connection from the northerly property
boundary to the existing house.
The lower portion of the property (due west of the existing house) extends
into the floodplain of the Roaring Fork River and the river itself. The lower
portion is separated from the upper portion by a steep, brush covered
embankment with a slope in excess of 30 %. The steep slope drops dramatically
® for a short distance from the sparsely vegetated upper portion to an existing
grass covered path which leads to the Roaring Fork River. (Note: the proposed
building envelope sets back some 11 -17 feet from the top of the slope.) The path
is an old, overgrown driveway that extends from the northerly side of the upper
portion of the property, down and southerly across the embankment, into the
lower portion of the property. This driveway is no longer capable of being used
for vehicular access due to a lack of maintenance over the years and the
vegetation which has grown thereon. Below the driveway /path, the slope
flattens out as the property extends into the river. The area between the
driveway /path and the river is mostly covered with riparian vegetation
consisting of cottonwoods, aspen, and chokecherry. There is also a small patch
of Gambel oak between the path and the start of the riparian vegetation. There
.� are a couple of old sheds and similar outbuildings located in the relatively flat
area between the driveway/ pathway and the river.
Water to the existing residence is provided by a well, and sewage disposal
_ is accommodated by an on -site septic system. The existing septic system is
located down -slope of the proposed building envelope, and will be removedz. A
I The existing house /terrace /walkout area extends beyond the westerly boundary of the proposed
building envelope and its demolition will require activity outside of the envelope. The disturbed areas will
a+ be restored following reconstruction. Approval of this application should include a condition to allow this
demolition and restoration activity outside of the designated envelope.
2 The existing septic system is located outside of the proposed building envelope and its removal
will require activity outside of the envelope. The disturbed area will be restored following removal of the
septic system. Approval of this application should include a condition to allow this removal and restoration
activity outside of the designated envelope.
Karp Administrative 1041 Review Application Page 3
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r new, engineered septic system will be built within the proposed building
envelope, subject to review and approval of an ISDS (Individual Sewage
Disposal System) permit by the Pitkin County Environmental Health
Department. Fire protection is provided by the Woody Creek Rural Fire
_ Protection District whose station house is located within a one to two minute
drive of the subject property. Police service is provided by the Pitkin County
Sheriffs Department.
® The neighborhood is mostly built out, with just a few undeveloped parcels
remaining. It has a somewhat rural feel, with most of the homes being relatively
modest in size and design, and the road and driveways being dirt /gravel. The
,. home sites are relatively spread out, with the exception of the Woody Creek
Trailer Park to the east. Based on a review of the Pitkin County Parcel Maps, the
y subject lot appears to be fairly average in size when compared with the majority
of surrounding properties (excepting the trailer park).
y Homes exist on the adjacent parcels to both the north and the south of the
subject lot. The abutting lot to the north has recently been re /developed with a
single- family residence in the area adjacent to the proposed building envelope.
There is also a single- family residence tucked into the vegetation to the
immediate north of the lower portion of the subject property; this house appears
to be in the floodplain. Similarly, there is a single- family residence on the lot
a immediately to the south of the subject site, and this house, too, is located on the
lower portion of its property, down -slope and southwest of the proposed
building envelope. There is also an existing residence across Liberty Lane, to the
east of the Karp property.
C General Submission and Procedures
Mitch Haas of Haas Land Planning, LLC, met on -site with Mr. Vince
Urbina of the Colorado State Forest Service to evaluate wildfire hazards and
' mitigation requirements. Mitch also met on -site with Mr. Jonathan Lowsky,
Pitkin County Wildlife Biologist, to evaluate wildlife concerns, and with Mr.
Brian McNellis of the Planning Department. The accompanying topographic
^ survey /1041 Hazard Review Map demonstrates that all slopes between 15% and
30% or exceeding 30% have been avoided. Further, the proposed envelope
represents a setback ranging from 11 feet to over 17 feet from the top of any such
slopes.
^ Mr. Urbina has provided a letter containing his recommendations for
wildfire hazard mitigation, and said letter is included herewith as Exhibit #4. In
general terms, Mr. Urbina felt that the proposed envelope is not problematic
a
Karp Administrative 1041 Review Application Page 4
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.r from a wildfire hazard standpoint, and suggested only a few simple mitigation
measures, as described below. Mr. Lowsky has also provided a letter stating that
the proposed building envelope would not result in any wildlife impacts and
that he has no substantial problems with development of the subject property as
proposed (see Exhibit #5).
In accordance with Section 3- 80- 010(B)(1), this application is submitted
pursuant to Section 4-40 for Administrative Review by the Community
Development Director. That is, the proposed building envelope will
accommodate development of one single family dwelling unit and customary
accessory uses located entirely outside of any Area of Local and State
w Interest /1041 Environmental Hazard Areas. While 1041 mapping for the site
includes low wildfire hazards, floodplains, and geologic hazards, these hazards
affect only the portions of the property to the west of and below the proposed
building envelope. Nonetheless, a few basic conditions will be appropriate, as
suggested herein and as recommended by Mr. Lowsky and Mr. Urbina.
Once this application is determined complete, Section 4 -40 -020 calls for
Planning Office Review with a decision by the Planning Director. After review
by the Planning Office, the Planning Director may: a) issue a development
permit, b) issue a development permit subject to conditions based upon the
' standards of the Code, c) issue a written denial of the application, or d) schedule
a public meeting before the Board of County Commissioners to consider the
application. It is our hope that the outcome of the Administrative Review will be
either option "a" or option "b."
II. 1041 ENVIRONMENTAL HAZARD REVIEWS
A review of the County's 1041 maps during the pre - application conference
indicated that the applicant should address the potential for geologic hazards,
wildfire hazards, and floodplain hazard areas on the property. Given the
presence of the Roaring Fork River and its floodplain on the site, it was also felt
that the potential for riparian and wildlife habitat concerns should also be
analyzed. Specifically, the mapped areas which we were directed to address are
as follows:
A. Geologic Hazard Areas: Slopes between 15% and 30 %, as well as greater
than 30% are present on the property.
B. Wildfire Hazard Areas: The property is classified/ mapped as being
■ subject to "low' wildfire hazards. Vince Urbina, Assistant District
Forester of the Colorado State Forest Service, agrees with the "low" rating.
Karp Administrative 1041 Review Application Page
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C. Floodplain /Riparian, Shoreland and Wetlands Areas: The site contains
areas mapped as being within the floodplain of the Roaring Fork River.
As such, this application also includes a review of the wildlife habitat
standards applicable to riparian, shoreland and wetlands areas.
Our responses to each of the applicable standards of the County's Land
Use Code with regard to these hazards follows below and is illustrated on the
g proposed 1041 site plan.
A. Section 3410 -M Geologic Hazard Areas
Section 3 -80 -050 identifies development standards applicable to specific
geologic hazard areas, including avalanche areas, landslide areas, potentially
unstable slopes, rockfall areas, alluvial fans, talus slopes, mancos shale, faults,
expansive soil and rock, and ground subsistence. Of these, the only hazard type
believed to be present on the subject lot is potentially unstable slopes. To the
extend that any of the other geologic hazard types are present on the site, the
proposed building envelope entirely avoids any consequent impacts. An
engineered foundation based on soils analysis will be provided as part of the
subsequent building permit application.
Section 3- 80- 050(C), Potentially Unstable Slopes, provides standards for
the review of development proposed on slopes of between 15% and 30% as well
as slopes in excess of 30 %. The currently proposed building envelope does not
encroach upon any slopes of 15% or greater. The subject site has an obvious "top
of slope and the proposed building envelope provides a setback of between
eleven and seventeen or more feet from it. The applicant is amenable to a
condition of approval (or note on the site plan) requiring site specific soils
engineering studies to determine proper foundation and interceptor drain
designs.
With regard to the septic system and leach field, we believe that the
building envelope will accommodate a properly designed ISDS. There is no
intention on this applicant's part to place any portion of the septic system or
leach fields to the west where slopes are steeper; in fact, the existing septic
system will be relocated from the upper portion of the embankment to within the
proposed building envelope. At any rate, it is understood that an engineered
ISDS will need to be designed and a permit therefor will need to be applied for
and approved by the Environmental Health Department.
Karp Administrative 1041 Review Application Page 6
The specific standards of Section 3- 80- 050(C), Potentially Unstable Slopes,
are provided below (indented and italicized), and each standard is directly
followed by a response.
1. Development is prohibited on slopes greater than fifteen percent (15 0 16) unless
a specific development proposal is fotind to result in a site design that creates
less impact than if the development was limited exclusively to slopes of less
than fifteen percent (15 9 1 6). In the event that a development proposal utilizes
slopes in excess of fifteen percent (15 9 1 6) or if a development site is comprised
exclusively of slopes which exceed fifteen percent (15%), design and
development shall be based on a detailed site analysis, including geologic and
engineering studies to identify the best development area based on the
following considerations:
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.
The proposed building envelope is limited exclusively to less than 15%
slopes. Since, no slopes of 15% or greater are included in the proposed envelope,
sub - standards a f are not applicable.
2. Development is prohibited on slopes greater than thirty percent (30%), except
as permitted herein.
a. Exception for Minor Changes in Slope - Development may be permitted on
lands that have a slope in excess of thirty percent (30%) when the slope is
due to the presence of a minor natural or matt -made change in the
gradient of a continuous slope, provided the following conditions are met:
1. Not Subject to Instability — The applicant demonstrates that the slope's
ground surface are not prone to instability or failure and that the
proposed development will not cause greater instability or increase the
potential for slope failure.
.. 2. Compliance with Other Regulations — The applicant demonstrates that
development on slopes in excess of thirty percent (30 9 1 o) does not increase
visual, wildlife, or wildfire impacts, or compromise or conflict with other
ti
policies or standards of the Land Ilse Code.
The proposed building envelope avoids all slopes in excess of thirty
percent (30 %); thus, sub - standards a.1. and a.2. are not applicable.
B. Section 3- 80-070, Wildfire Hazard Areas
Section 3 -80 -070 was repealed and re- enacted with the adoption of
Ordinance 99 -6. As amended, the section establishes mitigation standards
Karp Administrative 1041 Review Application
Page 7
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�. applicable to developments within either severe wildfire hazard areas, or low
and medium hazard wildfire areas.
The property is mapped as a low risk wildfire hazard. On May 31, 2000,
Mitch Haas of Haas Land Planning, LLC, met on -site with Mr. Vince Urbina,
Assistant District Forester of the Colorado State Forest Service, to evaluate
wildfire hazards and mitigation requirements. Mr. Urbina has provided a letter
containing his recommendations for wildfire hazard mitigation, and said letter is
included herewith as Exhibit #4. As explained in Exhibit #4, the proposed
building envelope ensures that the replacement residence will be located on the
nearly level bench above the Roaring Fork River. The existing vegetation
consists of mature willow, crabapple, and blue spruce trees, all of which were
planted in their present locations. Mowed turf occupies the space between these
trees. Mr. Urbina has rated the wildfire hazard as low because the trees are
widely spaced and there is little to no fuel between the trees.
Based on his site visit and a review of the proposed building envelope (a
copy of the plan was provided to Mr. Urbina), Mr. Urbina provided a few
recommendations aimed at ensuring a defensible space around the structure(s).
In total, Mr. Urbina provided the following recommendations in his comment
letter (see Exhibit #4):
1. If the small patch of Gambel oak located just southwest of the existing house is to be
maintained, it must be separated from the replacement structure by at least fifteen
(15) with its lower limbs removed from the ground to half the total height of the
trunk. Otherwise, remove this patch of Gambel oak altogether.
2. West of an below the building envelope, maintain the old driveway path as a small
fuel /fire break by mowing it regularly.
3. Remove the small patch of Gambel oak located between the old driveway path and
the start of the riparian vegetation. Once removed, treat the stumps to prevent
regeneration.
-F 4. West of an below the building envelope, remove the lower limbs of all cottonwood
and aspen trees within 125 feet of the house to a height of ten (10) feet or half the
total height of the tree, whichever is least.
5. If decks are ever to be installed on the west side of the house, enclose the undersides
with one -hour fire resistive construction material.
6. Make no future plantings of woody vegetation within ten (10) feet of any structure.
The applicants hereby agree to comply with Mr. Urbina's
recommendations, as described above. Further, as required under Section 3-80 -
070(C)(1), the proposed building envelope is not located in a draw or canyon, or
on slopes greater than 30 %. To the extend that the sub - sections of Section 3 -80-
. 070(C) directly include any mitigation recommendations that, above and beyond
those put forth by Mr. Urbina, are deemed to be necessary and are reasonable,
Karp Administrative 1041 Review Application Page 8
A
1+
the applicants are willing to accept such recommendations as conditions of their
1041 approval.
w
Upon review of Mr. Urbina's recommendations and those of Mr. Lowsky
(detailed below), there is an apparent conflict. Mr. Urbina suggests complete
removal of a small patch of Gambel oak located below and outside of the
proposed building envelope. Mr. Lowsky's letter (Exhibit #5) states that,
"Native vegetation must be maintained outside the building envelope as per §3-
80.080(A)(3)." After discussing this conflict with Mr. Lowsky, he consented to
supporting the removal of the Gambel oak patch as suggested by Mr. Urbina,
provided a wildlife habitat mitigation plan for the affected area is agreed upon
by the applicant and the County Wildlife Biologist for implementation by the
applicant prior to the issuance of a certificate of occupancy for the replacement
residence.
C Section 3-80 -080, Wildlife Habitat Areas
Section 3 -80 -080 was repealed and re- enacted with the adoption of
Ordinance 98 -20. As amended, the section establishes land use standards for
wildlife habitat areas, as mapped by the Colorado Division of Wildlife (DOW) on
the County's adopted Wildlife Resource Information System (1041 Wildlife
maps) and as otherwise known to be wildlife habitat areas by the DOW.
The site is not mapped for, nor does it contain, deer, elk or bighorn sheep:
winter concentration areas; severe winter range; critical habitat, migration
patterns, corridors, or highway crossings; or, production areas. The only wildlife
habitat area believed to be applicable to the subject property falls under the
category of riparian, shoreland and wetland areas.
As mentioned earlier in this application, the subject property includes a
portion of the Roaring Fork River and the riparian area adjacent thereto. The
applicant's representative met on -site with Jonathan Lowsky, Pitkin County
Wildlife Biologist, to evaluate wildlife concerns. Mr. Lowsky's states in his
referral letter (Exhibit #5), that he has "no substantial problems with development of
the Karp parcel (Parcel id# 2643 162 00 018) as proposed." Moreover, Mr. Lowsky's
letter explains that, "The proposed building envelope is located in a previously
developed area and it not significantly extending the influence of development. The only
significant wildlife habitat on the property is below the proposed building envelope along
the Roaring Fork River and on the west - facing slopes."
Due to the fact that the surrounding area has a history of black
bear /human conflict and black bears actively use the Roaring Fork River riparian
Karp Administrative 1011 Review Application Page 9
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area as a movement corridor, Mr. Lowsky's recommends that the following
conditions be applied so as to minimize impacts to wildlife:
I. Fencing outside the building envelope must comply with Section 3- 80.80(A)(10) and
(11) of the Pitkin County Land Use Code.
2 Native vegetation must be maintained outside the building envelope as per Section 3-
80 80(A)(3) of the Pitkin County Land Use Code.
3. Install and use approved bear -proof trash containers (fully enclosed steel containers
of any size with steel lids that have a two -step opening mechanism, and approved by
the Pitkin County Wildlife Biologist or personnel of the CDOW). Verification of
compliance with this condition must occur prior to the issuance of a certificate of
occupancy.
As explained above, Mr. Urbina suggests complete removal of a small
patch of Gambel oak located below and outside of the proposed building
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envelope in order to minimize wildfire hazards. Mr. Lowsky's second
recommended condition conflicts with Mr. Urbina's suggestion. After discussing
., this conflict with Mr. Lowsky, he consented to supporting the removal of the
Gambel oak patch as suggested by Mr. Urbina, provided a wildlife habitat
mitigation plan for the affected area is agreed upon by the applicant and the
County Wildlife Biologist for implementation by the applicant prior to the
issuance of a certificate of occupancy for the replacement residence.
Our responses to the applicable standards of Section 3 -80 -080, as provided
below, demonstrate compliance therewith as well as with the recommendations
of the Pitkin County Wildlife Biologist.
Section 3- 80- 080(A), General Standards
There is no commercial, industrial or high impact recreational
development, open pit mineral extraction, or road construction being
contemplated or requested. The proposed building envelope would ensure that
residential development on the subject site is located outside of habitat areas to
avoid impacts on wildlife. Vegetation removal will be kept to the minimum
y necessary for construction, installation of utilities, development of a driveway,
and mitigation of wildfire hazards. Disturbed areas will be revegetated with and
future landscaping will be comprised of appropriate species.
Food, cover, and water sources beneficial to wildlife exist only on the
® lower portion of the property and the embankment. The proposed building
envelope completely avoids creating any impacts on these areas. All areas
adjacent to the River will be preserved. At no point is the proposed building
envelope within 160 feet of the floodplain. There is a vertical gain of more than
50 feet from the floodplain to the proposed building envelope. The proposed
i Karp Administrative 1041 Review Application Page 10
�. building envelope ensures that no structures, including decks and the similar,
would encroach upon or otherwise hang over slopes. The site is not known to
contain any endangered or even threatened species habitat. There are no known
" nesting sites on the property. If any fencing is to be installed, the applicant is
willing to comply with DOW fencing recommendations and those of Sections 3-
80- 080(A)(10) and (11), as suggested by Mr. Lowsky.
The wildlife protection standards encourage preservation of standing
dead trees whenever possible, but the Colorado State Forest Service recommends
that the scrub oak located on the embankment be removed for wildfire
mitigation reasons. The applicant will remove these trees and restore the area in
accordance with a wildlife habitat mitigation plan to be agreed upon by the
applicant and the County Wildlife Biologist. The wildlife mitigation plan will be
implemented by the applicant prior to the issuance of a certificate of occupancy
for the replacement residence.
Section 3- 80- 080(G), Riparian, Shoreland and Wetland Areas
Section 3- 80- 080(G), Riparian, Shoreland and Wetland Areas, states that
development shall be prohibited within such areas with the exception that
bridges, roads, utility crossings and other structures such as irrigation devices
may be permitted upon a finding that there is no feasible alternative location and
that any impacts will be adequately mitigated. This application does not propose
any development in riparian, shoreland or wetland areas. To the extent that such
areas exist on the subject property, they are a good distance below and to the
west of the proposed building envelope. As mentioned above, the proposed
building envelope resides some 175 feet to the east and more than 50 feet above
the floodplain boundary. After visiting the site and reviewing the proposed
building envelope, the County Wildlife Biologist concluded that the proposed
building envelope would ensure avoidance of riparian areas and wildlife
_ . impacts.
Since the proposed building envelope will not permit development in a
riparian, wetland or shoreland area, sub - standards 1 -14 of Section 3- 80- 080(G)
are not applicable. Said standards apply only in cases where development is to
be permitted in such areas.
Section 3 -80 -040, F000dplain Hazard Areas
In addition to the standards applicable to riparian, shoreland and wetland
areas, as well as the General Standards of Section 3 -80 -030 (below), the standards
of Section 3 -80 -040 specifically apply to mapped floodplain hazard areas as
depicted in the Federal Emergency Management Agency (FEMA) Flood
Karp Administrative 1041 Review Application Page 11
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Insurance Rate Map, National Flood Insurance Program (June 4, 1987) and areas
later found to be in flood hazard areas.
The proposed "Karp 1041 Hazard Review Map' depicts the boundary of
the 100 year floodplain as it affects the subject property. The depicted boundary
is based on the Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Map, National Flood Insurance Program (June 4, 1987). From a
review of the "Karp 1041 Hazard Review Map" and the depicted floodplain
boundary shown thereon, one can see that the proposed building envelope is
located between 165 and 233 horizontal feet (depending where one measures)
away from the floodplain. Similarly, the proposed building envelope is located
.. well over 50 vertical feet above the floodplain boundary (probably more, but the
topography was not surveyed that far down the hillside).
Nevertheless, the standards of Section 3 -80 -040 arguably remain
applicable to the current application and are provided below with responses to
each.
A. No development, use, fill construction, excavation, embankment, or alteration
on or over any portion of the floodplain shall be permitted which would result
in any of the following:
As explained above and depicted on the proposed "Karp 1041 Hazard
Review Map," the building envelope will effectively and completely preclude
any development, use, fill, construction, excavation, embankment, or alteration
on or over any portion of the floodplain. As such, it is not necessary to list and
respond to "any of the following' (sub - standards 1 -8).
B. The following uses shall be permitted in a floodplain area to the extent that
they are not prohibited by any other regulation and they comply with the
guidelines set forth in 3- 80.40(A).
No uses are proposed in the floodplain. As such it is not necessary to list
the uses permitted under sub - standards 1 -3 or respond to "the guidelines set forth
in 3- 80.40(A). "
C. Development is prohibited within the 100 year floodplain. In the event that
.. there is no hazard free area on a site a development application is
subsequently denied, all applicant may appeal the denial to the Board of
County Commissioners pursuant to Section 3 -290 of this Code. If an appeal is
granted by the Board and development is permitted, an application shall be
reviewed according to Section 3- 80.40(A) and the following standards:
s
harp Administrative 1031 Review Application
Page 12
++ The property contains a hazard -free site and, as such, no development is
proposed within the floodplain. As such it is not necessary to list and respond to
"the following standards" of Section 3- 80- 040(C)(1) and (2)
Section 3 -80 -030, General Standards
" The standards of Section 3 -80 -030 apply to all Areas of Local and State
Interest /1041 Environmental Hazard Areas. In response to the standards of this
Section, the proposed building envelope has been sited such that it would restrict
development to the portions of the site which entirely avoid Areas of Local and
- State Interest /1041 Environmental Hazard Areas. The foregoing responses to the
�+ applicable 1041 hazard review sections and other narratives demonstrate
compliance with and satisfaction of the general standards of this Section.
III. VESTED RIGHTS
The applicant hereby requests that Vested Rights be granted to this site
specific development plan and approval pursuant to Sections 4 -140 and 4-40 -
020(G) of the Pitkin County Land Use Code.
0 TV. SUMMARY
" The property which is the subject of this application is located between the
Roaring Fork River and the Woody Creek Trailer Park. It contains areas mapped
for low risk wildfire hazards, geologic hazards (slopes greater than 30 %), and
floodplain hazards. In accordance with Section 3- 80- 010(B)(1), this application is
submitted pursuant to Section 4 -40 for Administrative Review by the
Community Development Director. That is, the proposed building envelope will
accommodate development of one single family dwelling unit and customary
accessory uses located entirely outside of any Area of Local and State
Interest /1041 Environmental Hazard Areas.
While 1041 mapping for the site includes low wildfire hazards,
floodplains, and geologic hazards, these hazards affect only the portions of the
property to the west of and below the proposed building envelope. Section 4 -40-
020(D)(2)(b) allows for the administrative approval of a 1041 application with
a
conditions. In light of this, we believe a few basic conditions will be appropriate,
as summarized below. All suggested conditions are underlined and printed in
bold.
Karp Administrative 1041 Review Application Page 13
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w The only geologic hazard type known to be present on the subject lot is
® potentially unstable slopes. Section 3- 80- 050(C), Potentially Unstable Slopes,
provides standards for the review of development proposed on slopes of
between 15% and 30% as well as slopes in excess of 30 %. The proposed building
,. envelope does not encroach upon any slopes of 15% or greater. The subject site
has an obvious "top of slope' and the proposed building envelope provides a
' setback of between eleven and seventeen or more feet from it.
There is no intention on this applicant's part to place any portion of the
septic system or leach fields to the west where slopes are steeper; in fact, the
existing septic system will be relocated from the upper portion of the
embankment to within the proposed building envelope. At any rate, it is
understood that an engineered ISDS will need to be designed and a permit
therefor will need to be applied for and approved by the Environmental Health
Department The applicant is amenable to a condition of approval requiring site
specific soils engineering studies to determine proper foundation and interceptor
drain designs Similarly, an engineered foundation based on soils analysis will
be provided as part of the subsequent building permit application In addition,
removal of the existing septic system and demolition of the existing house will
require limited amounts of activity outside of the building envelope herein
proposed and, if approved, the approval should specifically allow for such
activi
The site is mapped as a "low" wildfire hazard area. Based on this
mapping, a site visit, and a review of the proposed building envelope, Mr. Vince
Urbina provided the following recommendations in his comment letter (see
Exhibit #4):
1. If the small patch of Gambel oak located iust southwest of the existing house is
to be maintained, it must be separated from the replacement structure by at
least fifteen (15) with its lower limbs removed from the around to half the total
height of the trunk. Otherwise, remove this patch of Gambel oak altogether
2. West of an below the building envelope, maintain the old driveway path as a
small fuel/fire break by mowing it regularly
3. Remove the small patch of Gambel oak located between the old driveway path
and the start of the riparian vegetation. Once removed, treat the stumps to
prevent regeneration
4. West of an below the building envelope, remove the lower limbs of all
cottonwood and aspen trees within 125 feet of the house to a height of ten (10)
feet or half the total height of the tree, whichever is least
5. If decks are ever to be installed on the west side of the house, enclose the
undersides with one -hour fire resistive construction material
6. Make no future plantings of woody vegetation within ten (10) feet of any
structure
Karp Administrative 1041 Review Application
U lIr,l l ",.)
Page 14
As mentioned earlier in this application, the subject property includes a
portion of the Roaring Fork River and the riparian area within and adjacent to its
floodplain. The floodplain of the Roaring Fork River is not an issue since the
proposed building envelope is located substantially upslope of it (more than 50
vertical feet) and between 165 and 235 horizontal feet from it (see survey /site
plan). The applicant's representative met on -site with Jonathan Lowsky, Pitkin
County Wildlife Biologist, to evaluate wildlife concerns. Mr. Lowsky's states in
his referral letter (Exhibit #5), that he has "no substantial problems with development
of the Karp parcel (Parcel id# 2643 162 00 018) as proposed." Moreover, Mr.
Lowsky's letter explains that, "The proposed building envelope is located in a
previously developed area and is not significantly extending the hfuence of
development. The only significant wildlife habitat on the property is below the proposed
building envelope along the Roaring Fork River and on the west facing slopes."
Nevertheless, due to the fact that the surrounding area has a history of
black bear /human conflict and black bears actively use the Roaring Fork River
riparian area as a movement corridor, Mr. Lowsky's recommends that the
following conditions be applied so as to minimize impacts to wildlife:
1. Fencing outside the building envelope must comply with Section 3- 80.80(A)(10)
and (11) of the Pitkin County Land Use Code
2. Native vegetation must be maintained outside the building envelope as per Section 3-
80.80(A)(3) of the Pitkin County Land Use Code. (See modification described and
suggested below.)
3. Install and use approved bear -proof trash containers (fully enclosed steel
containers of any size with steel lids that have a two -step opening mechanism,
and approved by the Pitkin County Wildlife Biologist or personnel of the
CDOW). Verification of compliance with this condition must occur prior to the
issuance of a certificate of occupancy
.. Mr. Lowsky's second recommended condition seemingly conflicts with
Mr. Urbina's suggestion that the small patch of Gambel oak located below and
outside of the proposed building envelope be completely removed in order to
minimize wildfire hazards. After discussing this conflict with Mr. Lowsky, he
consented to supporting the removal of the Gambel oak patch as suggested by
Mr. Urbina, provided a wildlife habitat mitigation plan for the affected area is
agreed upon by the applicant and the County Wildlife Biologist for
implementation by the applicant prior to the issuance of a certificate of
occupancy for the replacement residence.
Thus, Mr. Lowsky's suggested condition number 2 should be modified to
read as follows: " Native vegetation must be maintained outside the building
envelope as per Section 3- 80.80(A)(3) of the Pitkin County Land Use Code
Karp Administrative 1041 Review Application Page 15
P.
however, the small patch of Gambel oak located between the old driveway path
and the start of the riparian vegetation shall be removed for wild mitigation
purposes Once removed the stumps shall be treated to prevent regeneration. A
wildlife habitat mitigation plan for the described area affected by removal of
Gam bel oak shall be agreed upon by the applicant and the C ounty Wildlife
Biologist for implementation by the applicant prior to the issu of a certificate
of occupancy for the replacement residence "
N With approval of the proposed building envelope and the conditions
described above, their will be no impacts to or from Areas of Local and State
Interest /1041 Environmental Hazard Areas. As such, we feel this application
should be administratively approved by the Community Development Director
pursuant to Section 440- 020(D)(2)(b). To the extend that additional conditions
are deemed necessary under the standards of the Code and are reasonable, the
applicants are willing to accept such recommendations as conditions of their
1041 approval.
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Karp Administrative 1041 Review Application
Page 16
"'° �1 'iJv•�VL
EXHIBITS
Exhibit #1: Proof of Ownership /Title Commitment
Exhibit #2: Letter of authorization for Haas Land Planning, LLC,
and Gibson Architects, LLC, to represent the applicants
Exhibit #3: Pitkin County Pre - Application Conference Summary
(5/10/00)
Exhibit #4: Referral Comments Letter from Vince Urbina of the
Colorado State Forest Service (6/16/00)
Exhibit #5: Referral Comments Letter from Jonathan Lowsky, Pitkin
County Wildlife Biologist (6/20/00)
Exhibit #6: Executed Agreement to Pay Form
Exhibit #7: List of All Adjacent Property Owners
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EXHIBIT #1
eni by: inomas N. Meloc-y nevi csLd LCD aduuez rouoi 0U� UU �•����•�, �ay� ���
SCHEDULBA
Order Number.• 00023017 -C3
" 1. FTvctiw date: Sarah 30, 1998 at 7:30 A.H.
2. Policy or Policies to be issued.
r (a) A. L. T.A. Owner's (standard)
Proposed Insured:
ROBERT 5, KARP AND SORDRA 0. RARP
(b) A.L. T.A. Martgagee's (standard)
Proposed Inswed;
TO HE DRI2'RMINED
N Leasehold
Proposed insured:
Amount of Insurance
$ 700,060.00
$ 520,660.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is
'-' fee stmpte
4. Intle to the foe simple estate or interest in said land is at the effective date hereof Jested in:
G$N$ S. XRILL and EvA j. xRZLL
5. the land referred to in this Commitment is des,:tibed as fol lows;
See Attached Legal Dewcription
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�. STT-'WART 777LI OF ASPEN, INC.
6201;, Hopkins, Aspen, Co 81611
Authori7ld�ters azure- Pet Ce2any
STATF.MF.M' OF CHARGES
There charger are due and payable b#br+e a
Policy cnn be Issued.
Owners Premium $1,721.00
Form 110.1 (Owner) $ 100.60
Mortgage Premium $ 50.00
Tax Certificate $ 12.00
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EXHIBIT #2
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Pitkin County Community Development Dept.
130 S. Galena Street
Aspen, CO 81611 -1975
RE: Karp 1041 Environmental Hazards Review
To whom it may concern:
I hereby authorize Haas Land Planning, LLC, and Gibson Architects, LLC, to act
as my designated and authorized representatives with respect to the land use
application being submitted to your office for my property located at 181 Liberty
Lane. Mitch Haas is authorized to submit an application for 1041 Environmental
Hazards Review. He and Gibson Architects are also authorized to represent my
P..
interests in meetings with the personnel, officers, and boards of Pitkin County.
Should you have any need to contact me during the course of your review,
,r please do so through Haas Land Planning, LLC, whose address and telephone
number are included in the application.
�. Dr. Robert Karp, Owner V
401 East Ontario, Apt. 501
Chicago, IL 60611
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EXHIBIT #3
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MAY -22 -2000 MON 10 :55 AM
FAX NO.
0
PrMN COUNTY
PRE- APPLICATION CONFERENCE SUMMARY
DATF:
PROJECT:
LOCATION/'LONE:
OWNER)
APPLICANT
REPRESENTATIVE:
May 10, 2000
S3 �Administrativc1041 Hazard Review
181 Liberty Way /AFR -2
Dr. Robert Karp
Mitch Maas
Tcl: 925 -7819
PLANNER: Brian McNellis Tel: 920 -5099
1. Type of Application: Administrative 1041 Hazard Review
2. Description of Project/Development: 1he Applicant proposes to establish a
building envelope which will contain a proposed single family residence.
3. Areas in which the Applicant is requested to respond, types of reports: Land
Use Code Sections:
• Section 3-80,1041 En IIa7ard Review
4. Review is before: Community Development Director
S, Public Hearing: No
6. Will he referred to: Attorney, Floodplain Administrator, Wildlife Biologist,
Colorado State Forest Service, Woody Creek Caucus.
I' 1
7. What fee was the applicant requested to submit:
Planning Office (deposit) $460 (additional hrs. are billed at a rate of $185/hr)
8. To apply, submit copies of the following information, unless otherwise noted:
• Letter of request (application), addressing Code Sections listed above, and
giving background information and summarising the 1041 hazards and
mitigation. If application is to be submitted before the expiration of Pilkin
County Ordinance No. 2000 -0025, the applicant must specify that proposed
development will not exceed 5,750 square feet (all inclusive) as dermed by the
Uniform Building Code;
• 24" X 36" Site Plan (please see attached);
„! J )
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MAY -22 -2000 MON 10;55 AM
FAX NO.
P. 03
• Proof of ownership (from a title company or attorney licensed in the State of
Colorado) including legal description;
• Letter from owner authoriy3ng the representative;
• Agreement for payment form;
• A list of adjacent property owners;
• Total deposit for review of the application;
• Copy of this pre- application form;
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 stajj's interpretations based upon representations of
the applicant additional information may be required upon complete review of the
application.
This application is subject to the provisions of Pttkin Counry Ordinance No. 2000-
0028.
iiuG 140
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EXHIBIT #4
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EXHIBIT #6
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MAY -22 -2000 MON 10:55 AM
cm
FAX NO. _«
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
, a . _,. i
P. 05
PITKIN COUNTY (hereinafter COUNTY) and B,2. 15amaer
ri (hereinafter APPLICANT) AGREE AS FOLLOWS:
1, APPLICANT has submitted to COUNTY an application for
. (hereinafter, THE PROJECT).
? . APPLICANT understands and agrees that Pirkin 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 Zdditional costs to be
billed to APPLICANT on a monthly basis. APPLICANNT 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 APPLICA- "s application.
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d. 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.
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MAY -22 -2000 MON 10;56 AM FAX N0. P. 06
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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 $ gA�—O which is for hours of Planning staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional
w 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
- �Cemwvaity-Development Director
a
is g:bupporNCurm —igrpay dec
2/19/95
i ;*M ?.
Print e
Signature
Date: 2 -3
Mailing Address:
4 of E-
L) 44
6- 45
EXHIBIT #7
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LIST OF ADJACENT OWNERS*
Parcel Identification Number 2643 - 162 -00 -019:
Freeman, John R. and Sydney J.
100 East Main Street, Suite 101
Aspen, CO 81611
Parcel Identification Number 2643 - 162 -00 -013:
Schermerhorn, George and Helen R.
P.O. Box 127
Woody Creek, CO 81656
Parcel Identification Number 2643- 162 -00 -014:
Jellinek, John I. and Jane H.
c/o Jelco Ventures
P.O. Box 06447
Chicago, IL 60607 -0447
Parcel Identification Number 2643 - 162 -00 -015:
Woods, Ransom B. III & Jeanne E.
P.O. Box 11468
Aspen, CO 81612
Parcel Identification Number 2643 - 162 -00 -017
Bradley R. Miller & Mollie Savour
P.O. Box 89
Woody Creek, CO 81656
Parcel Identification Number 2643 - 162 -00 -020:
Orville Leroy Fields
P.O. Box 279
Woody Creek, CO 81656
* This list was generated using the Pitkin County Assessor's information as of
June 26, 2000.
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MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this S
day of 2002, by and among Pitkin County Colorado ( "Pitkin County"),
Landforms, Inc. ( "Landforms'), Travelers Casualty and Surety Company of America
( "Travelers "), and Robert Karp ( "Karp ") in reference to the following facts:
1. On October 17, 2000, Pitkin County approved, in Determination No. 33 -2000,
the building envelope sought by Karp in a 1041 Hazard Review subject to terms and conditions
contained in Determination No. 33 -2000, which allowed for development to be undertaken within
said building envelope.
2. Following approval of the building envelope pursuant to the above referenced
Dcrcrmination No. 33 -2000, Pitkin County determined that certain development activities were
being undertaken outside the authorized building envelope and prohibited any further
development from proceeding unless and until a remediation plan acceptable to Pitkin County
was agreed upon.
3. In a joint memorandum dated July 30, 2001 ( "Revegetation Memorandum "), Pitkin
County Wildlife Biologist Jonathan Lowsky, and Pitkin County Land Manager Michael Craig
determined what remedial measures would have to be undertaken in order for Pitkin County to
allow development to recommence. The measures the Revegetation Memorandum required
primarily consisted of revegetating certain areas outside of the above referenced building
envelope Pitkin County determined had been damaged by development activity not authorized by
Determination No. 33 -2000.
4. In addition to the revegetation, requirements described in the Revegetation
Memorandum, Pitkin County required Landforms to post a Maintenance Bond (the "Bond")
which would authorize payment to Pitkin County in the event the remediation of the alleged
damage was not completed in accordance with the requirements stated in the Revegetation
Memorandum, prior to allowing development to recommence.
5. On August 23, 2001, Landforms, as Principal, and Travelers, as Surety, posted the
Bond (attached hereto) by which Landforms and Travelers were bound to pay to Pitkin County
the sum of FIFTEEN THOUSAND AND N01100 DOLLARS (S15,000.00) unless the
revegetation comported with the requirements of the Revegetation Memorandum after a period of
time described in the Bond; as a-result, Pitkin County allowed development to recommence on
the property in accordance with Determination No. 33 -2000,
6. Following the posting of the Bond, Landforms and other contractors working on the
Property noted that the root structures of many of the plants and life -forms that the drafters of the
Revegetation Memorandum required to be replanted/revegetated were in tact and would likely re-
grow on their own and that it would be prudent to give said root structures a chance to develop in
order to determine what would need to be replanted/revegetated.
7. The existence of the root structures was brought to the attention of representatives of
Pitkin County who agreed that it would be wise to delay the revegetation of the Property until the
next summer in order to determine what was likely to re -grow and what would need to be
C.\NtPonb IVM.mLm \GGOR DON \77167_2.nOC
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replanted/revegetated in order to comply with the requirements of the Revegetation
Memorandum.
NOW THEREFORE, the undersigned parties mutually understand and agree as follows:
A. Revegetation The process of revegetation will be delayed until September 1,
2002 in order to allow the parties to determine which of the root structures presently in place are
likely to re -grow obviating the need to revegerate those particular plants and/or organisms.
B. Initial Inspection Within thirty (30) days of September 1, 2002, representatives
of Pitkin County will inspect the Property for the purpose of determining what plant/life forms
are re- growing, and which need to be replanted/revegetated in order to comply with the
requirement of the Revegetation Memorandum.
C. Remediation Following the initial inspection described in Paragraph B above,
representatives of Pitkin County will confer with Landforms and inform its President, Mark
Bedell, in writing, which plants must be replanted/revegetated. Following the initial inspection
and conference described herein, it may not be necessary for Landfomis to undertake as thorough
a revegetation as was initially required by the Revegetation Memorandum, or the scope of the
rcvcgctafion may be the same as originally required by the Revegetation Memorandum but will
not become greater in breadth or scope than was originally required by the Revegetation
Memorandum.
D. Final Inspection and Release of Bond Regardless of whether the scope of the
revegetation decreases or remains the same as a result of the initial inspection described in
Paragraph B above, Pitkin County's right to conduct a final inspection in order to determine if the
Bond should be released, must occur, if at all, within the time frame described in the Bond, and
nothing understood or agreed to in this Memorandum of Understanding extends the date for such
final inspection or any other time frames defined and/or described by the terms of the Bond.
E. Consequence of Delay As a consequence of waiting until September 1, 2002 in
order to commence the revegetation of the Property described herein, the extent of the growth that
will occur in the plants that are rcvegetated will inevitably be less than would have otherwise
occurred had Landforms commenced revegetation without delaying same until September 1, 2002
as described herein. Pitkin County will, in good faith, consider this when undertaking its final
inspection, pursuant to the terms of the Bond, for purposes of voiding the Bond and the
obligations there under.
F. Entire Agreement This Memorandum of Understanding is the entire agreement
of the parties hereto and modifies the obligations of the parties to the Bond referenced herein.
This Memorandum of Understanding may not be altered, amended, or modified unless otherwise
agreed to in writing signed by all parties hereto.
G. Inspection Fees Subsection 7 -20 -30 of Section 7 -20 of the Pitkin County
Land Use Code (the "Code ") authorizes the assessment of an investigation fee for
enforcement of the provisions of the Code. To date the accrued inspection fees are $1493.01 \
(a schedule of accrued inspection fees is attached hereto as Exhibit "X . Concomitant with
his signing this Memorandum of Understanding, Karp agrees to pay to the Community
Development Department of Pitkin County the sum of one thousand four hundred ninety
three and 01 /XX dollars ($1493.01) for the investigation fees accrued to date, and agrees to
L r J4�
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iul_
CAN rPoribl \iMnnnge\GG0RD0N\73 167 200C
'd bRL 'ON NVEb :01 ZW 'U '8dd
:+0:0! AM; Nei I Gan no Apency ;9705450676
MAINTENANCE BOND
Pllkln coamy. Catnadn
DOND n 19 S L09SO770 aCM
KNOW ALL MEN BY TIMSE PRESENTS That we, the undersigned, as, Mark Bedell, of
LANDFORMS, INC., as Principal, hereinafter referred to as "Contractor" and TRAVELERS
CASUALTY AND SURETY COMPANY OF AMERICA, a corporation organized under the laws of
the Srate of Connecticut, and qualified to transact business in the State of Colorado, as "Surety ", are
held and firmly bound unto Pitkin County Colorado, as obligoe, hereinafter referred to as "Owner ", in
the penal sum of (the greater of $2,000 or the total value of the work to be performed) FhFT EEN
THOUSAND AND N01100 DOLLARS (;615,000,00), lawful money of the United States of America,
for the payment of which sum well and truly made to the Owner, we bind ourselves, and our heirs,
executors, administrators, successors, and assigrrees,jointly and severally, by these presents:
SIGNED AND SEALED this 23RD day of AUGUST . 2001
WHEREAS said Contractor is about to commence revegetation of riparian lands located on the tract
of land described in the "Karp 1041 ldeaard Review Site Plan" filed with the Pitkin County Cleric and
Recorder of Pitkin County, Colorado in Plat Book 54, Page 74, in accordance with detailed plans and
specifications as stated in 7onathan Lowky's. Pitkin County Wildlife Biologist, and Michael Craig's,
Pitkin County Land Manager, joint memorandum dated July 30, 2001 (the "Memorandum ")(attached
herero).
NOW 1=EF'ORE, The conditions of the foregoing obligations are such that if said Contractor shall
well and truly perform all of the covenants and conditions contained in the Memorandum and such
covenants and conditions remain sarkiied after two full growing seasons after Contractor completes
the initial revegetation, then this obligation shall be void, otherwise it shall remain in full force and
effect in law (for purposes of this bond a "growing season" shall commence May 1 " and expire on
September 1" of the Sartre year, and die inspection rights of the County described herein must be
exercised, ifat all, within 60 days ofthe end of the second growing season),
TIIIS Bond is fur; 7{X Bingfe pro j=4R Multiple occurrence Work, J3lankes Coverage
(check only one category) and guarantees that the revegotation work will be performed by Contractor
in compliance with terns of the Memorandum. This bond shall be non - cancelable until the expiration
of the time provided for the Piddu County Land Management Ofliee to complete its final inspection of
the riparian area following two fall growing seasons subsequent to the Contractor's completion of the
initial revegetation. In the event that the work is deemed unsatisfactory to the Pitkin County after
such final inspection, Pitch County shall be entitled to payment of the surety amount hereunder
within a reasonable time after the Surety is provided with an affidavit executed by the Pitkiu County
Attorney's Office which states that Pitkin County is entitled to the disbursement of such monies.
Contractor hereby agrees to hold Surety harmless in the event that it is determined by a court of
competent jurisdiction that such funds were improperly requested by Pitkin County.
Company's
to
U001
WILSON W.
M:mmnnleonurJ 1pm�iudJeOMWn9WacMO0.M Or MMNTI24ANCF BOND tseeoodmnmOnll.dw
and
4 2/ 3
AMERICA
S 'd bEL 'ON NHbl 0 f HE '0l 'Uv
d- 30- 01;10:01AM;Nei1 Garina ADenCy
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FA RMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 9th day of April 2001,
STATE OF CONNZcTiCUT
}SS. Hartford
COUNTY OF HARTFORD
�.rw rwv
lom
catr.coN�tL�. m I f i S o
6� . 'M� ►y ,1J
On this 9th day of April, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly swam,
did depose and say; that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA. TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he /she knows the Seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her oMce under the Standing Resolutions thereof.
� M ' t � ✓vC ��T Y//T�u''
waL,G I
My eemmuslon cVlroa December 31, 2002 Notary Public
Carol A. Thompson
CERTIFICATE
;9709450576 # a/ 3
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
--
George W. Thompson
Senior Vice President
1, the undersigned. Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA.
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, are now in force.
Signed and Scaled at the Home Office of the Company, in the City of Hanford. State of Connecticut. Dated this 231tD day of
AUGUST 2001.
By
v.�
Kori M. Johanson
Assistant Secretary, Bored
Uuu. J
9 'd tiGLI 'ON N06:0[ U06 , 01 *M
pay in a timely manner reasonable future investigation fees which will accrue upon the initial
inspection described in Paragraph B and the final inspection described in paragraph D,
herein, in an amount not to exceed the amounts authorized by the Code in effect at the time
of such inspections. '
H. Attorneys' Fees and Costs In the event legal action is brought to enforce or
interpret any or all of the terms of this :Memorandum of Understanding, the prevailing party shall
be entitled to reasonable attorney's fecsrand costs.
L Counterparts This Contract may be executed in counterparts. Facsimile
signatures shall be binding.
AGREED to as of the date first written above:
PrrKIN COUNTY
BY:
C'OVh rm t PL^) . fl
LANDFORMS, INC.
By:
Mark Bedell, President
TRFormn4ey-in-Fact CASUALTY S RETY COMPANY OF AMERICA
By:
(Wilson W. Coleman) i
Robert Karp
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COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5090
Pitkin County
Land Use:
172 Board oCAdjustment
159 Counts Land Use Code
173 Deposit
174 Flat Fee
162 Zoning, and Sign
169 Public Notice C
160 Planning Enforcement
Referral Fees:
RB115 Access Permit
LUCOI County Clerk
193 Countv Engineer
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 Reinspechon
151 Aspen Sanitation
152 AVFD Fire Marshal
Other Fees:
155 Use Tar
165 Copy
Performance Deposit
185 Park Dedication
186 Parking Cash in Lieu
166 CIS Maps
IS CIS Requirements
R131 16 Road Impact Fees
B 1202 Road Impact Fee
B1203 School Impact Fee ] /�
TOTAi.
County of Pitldn } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 4 -90
I, 1 t"—'s ' being or representing an
Applicant to the Pitkin County Development Permit, personally certify that I have complied with
the public notice requirements pursuant to Section 4 -90 of the Pitkin County Land Use Regulations
in the following manner:
1. By mailing of notice, a copy of which is attached hereto, by first -class, postage prepaid
U.S. Mail at least 30 days prior to the public hearing to all owners of property adjacent
to the subject property, as indicated on the attached list, on the 13 day of jer,
2004 (which is11lays prior to the public hearing date of /O . The names and
addresses of the adjacent property owners shall be those on the current tax records of
Pitkin Countv as
PUBLIC NOTICE
DATE oU rIZ000
TIME Arm
PLACE
PURPOSE--
K
no more than 60 days prior to the public hearing.
place on the subject property (as it could be seen
that said sign was posted and visible continuously from
Dto the day of OGl' 2006• (Must be
days before the hearing date). A photograph of the
WITNESS MY HAND AgD 9sgj,g0A'AL
My commission expim *:
Notary Public
Notary Public's Signature
Signed before me this 3— day of VG'r
20Caby
PUBLIC NOTICE
RE: KARP 1041 HAZARD REVIEW (P91 -00)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 17, 2000 at
a meeting to begin at 3:00pm before the Pitkin County Hearing Officer, Pitkin County Courthouse,
506 East Main St., Aspen to consider an application submitted by Robert Karp 1041 Hazard
Review approval to establish a building envelope which will contain an existing single family
residence. The property is located at 181 Liberty Way and is described as a tract of land being part
of Lot 9, & 12 South, Range 85 West of the 6" PM. For further information contact Brian
McNellis at the Aspen/Pitkin Community Development Department, (970) 920 -5099.
s/Lance Clarke
Pitkin County Hearing Officer
Original Notice Published in The Aspen Times on September 16, 2000
Pitkin County Account No. 002.02
[3
0 0tt" i�) �
LIST OF ADJACENT OWNERS*
Parcel Identification Number 2643 - 162 -00 -019:
Freeman, John R. and Sydney J
100 East Main Street, Suite 101
Aspen, CO 81611
Parcel Identification Number 2643- 162 -00 -013:
Schermerhorn, George and Helen R.
P.O. Box 127
Woody Creek, CO 81656
Parcel Identification Number 2643 - 162 -00 -014:
Jellinek, John I. and Jane H.
c/o Jelco Ventures
P.O. Box 06447
Chicago, IL 60607 -0447
Parcel Identification Number 2643 - 162 -00 -015:
Woods, Ransom B. III & Jeanne E.
P.O. Box 11468
Aspen, CO 81612
Parcel Identification Number 2643- 162 -00 -017:
Bradley R. Miller & Mollie Savour
P.O. Box 89
Woody Creek, CO 81656
Parcel Identification Number 2643 - 162 -00 -020:
Orville Leroy Fields
P.O. Box 279
Woody Creek, CO 81656
This list was generated using the Pitkin County Assessor's information as of June
26, 2000, a av R;6- i gAa> -' „ ; Zry�
u,C' "!''5
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on October 17, 2000, the Hearing
Officer of Pitkin County granted 1041 Hazard Review & Conceptual Submission approval for the
Karp(P91 -00) property located at 181 Liberty Way and is described as a tract of land being part of
Lot 9, & 12 South, Range 85 West of the 6 PM. This site specific development plan grants a
vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes.
s/Lance Clarke
Hearing Officer
Pitkin County, Colorado
Published in the Aspen Times on October 28, 2000
Pitkin County Account 002.02
CO_, : XNITY DEVELOPMENT DEPARTM r
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5090
i 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
169
Public Notice
160
Planning Enforcement
150
Referral Fees:
RBI 15
Access Permit
LUCO1
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
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
Parking Cash in Lieu
166
GIS Maps
IS
GIS Requirements
RB116
Road Impact Fees
TOTAL
ADDRESS /PROJECT:
CHECK#
CASE /PERMITC tt �I�C! #OFCOPIES:
DATE: 44L — INITIAL aI
KARP 1041 HAZARD REVIEW SITE PLAN
RECORDING CERTIFICATE
.am .R lW W
HEARIN , OFFICER'S APPROVAL
OWNER'S SIGNATURE BLACK
NOTE:
ER:
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LEGEND NOTES
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RECORDING CERTIFICATE
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HEARIN , OFFICER'S APPROVAL
OWNER'S SIGNATURE BLACK
NOTE:
ER:
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NO, 5 REBAR
RED CAP 9018
LE'GAI, I) J SC RIPTION
A TRACT OF LAND BEING. PART OF LOT 9, & 12 SOUTH, RANGE 85 WEST
OF THE 6th P.M. SAID TRACT IS MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT AT POINT WHENCE THE NORTH 1/4 CORNER OF SAID SECTION 16 BEARS N. 1.5344'45" F
1209.49 FEET;
TIH NCL S 1 io4O'E 208.05 FEET;
THENCE N 81a41'W 446.40 FEET TO THE (ENTER OF THE ROAR{NG FORK RIVER;
'THFNCI N 20x13' W 60 7T FEP 1' ALONG THE CENTER LINE OF 1 TE ROARING FORK RIVER;
'TH1 NCE N 03o36' E 133.26 FEET ALONG THE CENTER LINE OF HE ROARING FORK RIVER;
'IHE,NCE N 05c E 10.71. FEET ALONG 'THE CENTERLINE OF T11 ROARING FORK RIVER;
THENCE S 87o41' E 407.81 FEET TO THE POINT OF BEGINNING:
PITKIN COUNTY
STATE OF COLORADO
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1.041- HA ZARD � 1,i t a V j j,' Y 1 r. ➢ IT P] I I I_ A N
0... - 10' 20' 30' 40'
Q CALE: I. = 2o, --()
CONTOUR INTERVAL IS 2 FEET
FO iJPIMtSPIKE
ARIA .- 2.00 ACRES +/
M)ul' MMJUNGS (SHEDS) ON LOWER
LEVEL NOT SHOWN
END --- -_
^ -
�� -
- -- Relocate
11"
Existing
Tree
0
1,11JGIENI) & NOT ES
0 FOUND SURVEY MONUMENT AS DESCRIBED
SURVEY ORIENTED BETWEEN MONUMENTS FOUND ON THE N -S 1./4 SECTION LINE
/iii REBAR CAP 2376 BEING THE NW COR OF' 1.01' AND 'THE NW COR BK L96
PG 231 AND THE NOR'T'H 1/4 COE OF SECTION 16 - BRG= 500128' W
ST'EWART TITLE OF' ASPEN, INC. 'TIT'LE COMMITMENT ORDER NO. 00023817
DATED 6-- 09- 1997WAS USED IN THE PREPARA'T'ION OF 'THIS SURVEY.
�•• WOOD PENCE LINE WIRE FENCE LINE
POWER POLE CONTROL, SPIKE
- - - -- OVERHEAD ELECTRIC LINES
THE GROUND WAS COVERED WITH SNOW AT THE 'TIME OF SURVEY
POSTED ADDRESS IS ° 0161 LIBERTY LANE"
M � SPRUCE TREE
yet
4 0 DECIDUOUS TREE
ELEVATION DATLM IS ARBITRARY BASED ON T.B.M. = 300.0' (SET SPIKE)
CONTOUR INTERVAL, IS 2 FEET
In cV
l
N 1/4 COR
SECTION 16
Mpf S'kI S
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RECORDING CERTIFICATE
THIS KARP 1041 HAZARD REVIEW SITE PLAN HAS B3IN ACCEPTED FOR
I' "LNG 1N THE UFEICII O1 I IF PITKIN COUNIY CI1RK AND RECORDER AT
a' 4 0 (,LOCK
CV .M. THIS DAY OI' .Yk� 2000 Tl PLAT
D) K 1 AI PAGE �It- AS RECEPTION �JM FR �
GInd R"
ERK a
HEARING OI�'I'ICER S APPROVAL
° 1
TEAS 1041 BOARD REVIEW SITE PLAN HAS BEEN REVIEWED AND
APPROVED 13Y ItIF PI'I'KI OUNTY HEARING OFFI ER
THIS ?i '.T*,. DAY OF IM 4 ?Vaa�t'". 2000, SUBJECT TO
HEARING OFFICER DE'T'ERMINATION �UM�1ER ' _ Ca1�C)
RECORD AS RECEP NUMBER
�?. Allzl_k.���� - -- nATln (�:�a, 2000
Lance Clarke, Hearing Officer
O1VNI SIGNArI,uRE
ACCEPTED:
DATEll� 2'
Dr. Robert Karp
NOTE:
E:
THIS KARP 1041 HAZARD REVIEW SITE
PURSUANT 'I'0 AND I'N CONFORMANCE
OF PITKIN COUNTY HEARING OFFICER
AND DEVELOPMENT OF THIS PROPER'T'
DISCLAIMER:
\ � 1041 F.NVIRONMEN'TAL HAZARD AREAS I': %IS'1' '1'FIA'J
PROPERTY, ANY IMPROVEMEN'T'S, AND THE USE A
Remove k Ca LPN PP110NE '
_ _..p __- _...(_
Existing Lions - -� ` yE;BA
S tS /041'00'} / Terminations _
/ N CA
FOUND
V \✓� t / YFL
/ OD ITERAT
anti lg o
(: Gas Pap
Gravel 1)a ^lve
7 a
I '/ �/ / AFR -2 SF IDACIC I,IN /
Relocate Fl '
�-- ti Q F;xist8lg � 1 �� 1 �.
b / / $ Tree Shed 1 Metal 9
0 < Shed to et ^11
Demollxhad � I �
Relocate �_ \
E xistin g I1' D,� Tree/ 1
i q r � Existing
Tree Existia \
� g
Carport
� 14' n. coYtQ Mem_ / ` to e
� o wl.ed . `
Remove Existing / e;xtetln Mstwl
Rook Retaining Wall
Well
� / N r1 llemolixhoA 1 �
--•` ' 6
1
l t 3O O
p ` I 1 Remove �
M '
Existing _
9 . i Rouse Drive ."
\\\ ..,.,,
Demolished
tlg
t 9-1
1
M
t
Dock
' C
Demotehed
�
OVERHEAD
ELECTRIC
LINES NO
F;ASEMENT FOUND
Existing Utflity —�
tines to be
Relocated to
Underground
AFR -2 SETBACK LINIG
/ �� _ _ • „_
��
.............
Septlo
° tiYo
87041'00 "W Stone Wall (V-0" Above Grade)
P
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ItET�AR` \
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T.B.M. = 300.0'
1 \ S,,
30 _ � - 136 FG a.�..
ACCESS EA� � \
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Lines of
View
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Aspen
114 1dands Mountain
Peak
Found Reber — Found Old
1.5' Out i Spike 0,5'
of Ground I Under Gravel
31.0' WC
•. -. Remove & cap I
Existing Utility
Terminations
1
I
BLOCK
PREPARED
AND CONT�1110 S
NUMBER �'t. ?_" 000
THE SAME.
MIGHT AFFECT 'TILE
VD OCCUPANCY THEROF.
SOURCE 00 SURVEY INFORMATION:
David W. MCDride, R.L.S. 16129
ASPEN SURVEY ENGINEERS, INC''.
210 S. GALENA STREET
1 .0 BOX 2506
AS FN COLO. 81611
PHONE FAX (970) 025 -3816
1041 REVIEW ADDED JUNE 12, 2000
TOPO ADDED MAR. 3, 1999
JOB NO 28049 FEB. 23, 1998
_ DI N 2u -)tP ?- cc's - 01.' p
C(A-ls e .. C� 0 CX.a