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Davis orn1,ac. PLANNING & REAL ESTATE CONSULTING June 15, 2012 Lance Clarke AICP Pitkin County Community Development 130 South Galena Aspen, Colorado 81611 Re: Edgington Activity Envelope /Site Plan Review and Special Review for Caretaker Dwelling Unit, 144 Horseshoe Drive, Lot 3 Double K Ranches (PID #2465- 320 -01- 005) Dear Lance: Bryan Edgington is the applicant (hereinafter referred to as "Applicant ") in this application requesting Activity Envelope/ Site Plan Review and Special Review for a Caretaker Dwelling Unit. The property is located at 144 Horseshoe Drive, Lot 3 Double K Ranches. Attachment is a vicinity map showing the location of the property. This land use application is addressed under the following headings: Back ground and Existing Conditions; II. Proposed Development; IV. Land Use Approvals; and V. Summary. I. EXISTING CONDITIONS & BACKGROUND The subject property is accessed via Horseshoe Drive which is located south of Emma Road. The Lot is zoned AR -10 and contains 2.7 +/- acres of land. Since the minimum lots size in the zone is 10 acres, the subject Lot is a substandard size lot. Attachment 2, the Improvement Survey Plat depicts the Lot which is bordered by the Sopris Creek to the east, Lot 2 to the north, Horse Shoe Drive to the west and Lot 4 to the south. Attachment 2 shows the Lot is improved with a primary single family residence, accessory house, large gravel driveway, two sheds, pond and fencing. The Lot is relatively flat: the Pitkin County Community Development Department did not require the Applicant to submit a topographic map. The Pitkin County Assessor's records ALICE DAVIS AICP GLENN HORN AICP 215 SOUTH MONARCH ST. • SUIT 000001 E 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180 Of 5� adavis @rof.net ghorn @rof.net indicate that the primary single family residence was built in 1968 and contains approximately 4,370 +/- square feet of floor area (see Attachment 3, Pitkin County Assessor Parcel Detail Information). A sketch of the two dwelling units prepared by an appraiser indicates the accessory dwelling unit contains approximately 884 square feet of floor area. The Applicant contracted to acquire the subject property in the fall of 2011. Prior to closing on the property, but after the end of the due diligence period, the Applicant met with the Community Development Department staff to inquire about improvements which were needed to the onsite waste water disposal system (OWS). During discussions with the County staff, the Applicant and staff determined that existing system was sized to handle flows from the primary single family dwelling unit and had not been designed to accommodate the accessory dwelling unit on the property. Further research indicated that the prior owner failed to obtain a building permit for the accessory dwelling unit. The Applicant would not have closed on the Lot if he had known about this problem prior to the end of the contract due diligence period. He could not afford to forfeit his down payment on the Lot. The Applicant has reviewed the public records and documents found in the house located on the Lot to understand the chronology of events which probably took place to improve the accessory dwelling unit on the property. The following list summarizes the chronology. Community Development Department records do not include a building permit for the primary dwelling unit. 2. The Pitkin County Assessor's records show the primary house was built in 1968. The Community Development Department files include a November 11, 1972 survey prepared by Scarrow & Walker (see Attachment 4) shows the primary dwelling unit was in existence on the date of the survey. Our experience has been that Pitkin County records do not comprehensively include records of building permits between 1968 and 1972 for the Emma area. There is no record of a building permit being issued for the primary dwelling unit. 4. The Community Development Department files include a July 12, 1983 survey prepared by Mountain Engineering & Land Surveying Company (see Attachment 5) which shows a 20.71' x 26.83' (555 +/- square foot) shed located in the same location as a portion of the accessory dwelling unit. A comparison of Attachments 2 and 5 (1983 and 2012 surveys) indicates that at some point between 1983 and 2012 the shed was expanded and converted to an accessory dwelling unit. Attachment 6 is a copy of a April 14, 1997 from letter from the Double K Water Association which was prepared for submission to Pitkin County to assist Double K Subdivision property owners who wanted to apply for Caretaker Dwelling Units. Our conversations with Carol Nemiec, Secretary Treasurer of the Double K Water Association indicate that in 1997 the Association prepared a form letter and made it 2 000002 available to subdivision property owners so they could apply for legal Caretaker Dwelling Units. 6. A box of records found in the house included a May 10, 1997 letter from Jerry and Marta Hauner, prior owners of the Lot, seeking approval to convert a shed to a Caretaker Dwelling Unit (see Attachment 7). There is no record of this letter in the Community Development Department and we assume it was never submitted to the County. 7. A June 4, 2012 email from Cynthia Kohart to Glenn Horn indicates that Cindy moved in to the accessory dwelling unit on the Lot on April 1, 2004 and lived in the dwelling until she moved out on December 31, 2009 (see Attachment 8). Cindy worked full time during this period for Greg Mozian and Associates and Susie's Consignments. Cindy told me in a June 14 telephone conversation that she was the first person to live in this new accessory dwelling unit and it was new when she moved in. Attachment 2, the May 4, 2012 survey, shows the accessory dwelling unit is located 26 feet from the Sopris Creek high water mark. On July 5, 2006 Pitkin County adopted the current Land Use Code which increased the minimum required setback from Sopris Creek from 20 feet to 100 feet. The evidence shows the accessory dwelling unit complied with the Land Use Code Creek setback requirement when it was constructed. The adoption of the new Code in July of 2006 made the accessory dwelling unit a non- conforming structure due, to failure to comply with the Creek setback standard. 8. A May 22, 2012 email from Brenda McCartney to Glenn Horn indicates that Brenda McCartney moved in to the accessory dwelling unit after Cindy moved out in December of 2009 and has lived in the unit since then. Brenda works full time at her consignment store in Basalt, Heirlooms (see Attachment 9). In anticipation of submitting a land use application, the Applicant had an Architect, Plumber, Electrician and Engineer inspect the property. Additionally, he inquired about obtaining water from the Double K Ranch Water Association. The following section summarizes conclusions reached by these experts. Augie Reno, Architect, inspected the accessory dwelling unit and concluded that the structure was built in accordance with Pitkin County Building Codes (see Attachment 10, June 4, 2012 letter from August Reno, Architect to Glenn Horn Re: 144 Horseshoe Drive). Dana Strong, Master Plumber, inspected the accessory dwelling unit and concluded that all fixtures and fittings were operational and in good working order. All visible plumbing meets Code requirements (see Attachment 11, Memo to Glenn Horn, Topic, Caretaker Unit). 303033 Randy [ -lall of Y- Electric inspected the accessory dwelling unit and did not see any outstanding problems with the electrical system at the residence. The electrical system is based upon the 2002 Electrical Code and appeared to be in good working order (see Attachment 12). Tim Petz of All Service Septic inspected the Onsite Waster System and conducted percolation tests so lie can design an expansion to the septic system to accommodate the primary and accessory dwelling units. Tim is prepared to design the new system upon approval from the County (see Attachment 13, January 24, 2012 letter from Tim Petz, All Service Septic, to Bryan Edgington Re: 144 Horse Shoe Drive Subsurface Investigation and Percolation Report). • Carol Nemiec, Secretary Treasurer of the Double K Water Association has prepared a letter which indicates the Association has the legal right and physical capability to proved residential water service to the primary and accessory dwelling units (see Attachment 14). [[[. PROPOSED DEVELOPMENT The Applicant is seeking approval for the existing accessory dwelling unit to become a Caretaker Dwelling Unit (CDU) located in a non - conforming structure and Activity Envelope and Site Plan Review approvals. Attachment 15 shows the proposed Edgington Activity Envelope and Site Plan. The Applicant is proposing to create an Activity Envelope which will encompass the primary house, a new on site waste water disposal system and two existing sheds which will be relocated outside of the Sopris Creek 100 foot setback. The proposed CDU which will be located in a non - conforming structure and a portion of the existing gravel driveway will be the only improvements remaining within the Creek setback. The applicant proposes to reclaim and revegetate the footprints of the two sheds and the majority of the existing gravel parking area. Approximately 4,090 square feet of lot area will be reclaimed and restored as dryland pasture. Additionally, the Applicant proposes clearing the west side of the Sopris Creek stream bank of debris and fallen trees and revegetation of the stream bank with native and riparian grasses. IV. LAND USE APPROVALS The Pitkin County Community Development Department pre - application conference summary sheet for the proposed redevelopment is found in Attachment 16. This section of the application 0 000004 demonstrates compliance with the applicable sections of the Pitkin County Land Use Code identified in the pre - application conference summary sheet. The following Code sections are addressed. • Site Plan/Activity Envelope Section 7- 10 -50; • Site Preparation and Grading Section 7- 20 -10; • Steep and Potentially Unstable Slopes Section 7- 20 -20; • Water Courses and Drainage Section 7- 20 -30; • Geologic Hazards Section 7- 20 -50; • Wildfire Hazards Section 7- 20 -60; • Landscaping and Vegetation Protection Section 7 -20 -130; • Lighting Section 7 -20 -140; • Roads, Driveways and Parking Section 7 -30; • Water Supply Section 7- 50 -20; • Sewage TreatmdAt and Collection Section 7- 50 -30; • Non- Conforrriiiig Structures Section 9 -40; • Special Review criteria for CDU Section 2- 30- 30(h); and • Caretaker D�dflihk Unit Section 4- 30- 50(e)(1)(2) Activity,Envelope and Site Plan Review Development Standards for Site Plan and Activity Envelope Section 7 -10 -50 The Applicant is requesting approvals for Activity Envelope and Site Plan review for the existing improvements on the site and the proposed accessory structure. The following shows compliance with the Code standards for Approval for Activity Envelopes and a Site Plan. (a) The intent of this Chapter 7 is to allow activities and development to take place where they comply with the provisions of this Land Use Code and with the Pitkin County Comprehensive Plan for the area. Compliance will generally involve avoidance of "Constrained Areas" through the identification of an "Activity Envelope," as well as approval of a Site Plan. For purposes of Chapter 7, "Constrained Areas" include all areas included in each of the following categories, as defined and regulated by this Land Use Code: (i) Areas of Statewide Interest listed in C.R.S. 24- 65.1 -101 et. seq.), (ii) steep and potentially unstable slopes, (iii) water courses, drainage channels, and areas subject to erosion, (iv) floodplain hazard areas, (v) geological hazard areas, (vi) severe or low to moderate wildfire hazard areas, (vii) wildlife habitat areas, (viii) river and stream corridors and wetlands (ix) irrigated lands for food or crop production, (x) historic preservation areas, and (xi) archeological resource areas. ITf1 (b) The Site Plan process incorporates an "Activity Envelope" approach in which the County staff works with the applicant to determine which portions of the site (if any) would permit the proposed activity or development to be conducted in compliance with this Land Use Code and in conformity with the Comprehensive Plan for the area. In general, this process will involve both a determination of (i) which portions of the site are not available for development because of the existence of Constrained Areas, and (ii) of the remaining portions of the site, which areas would accommodate the activity or development so as to minimize impacts on surrounding properties, maximize compliance with the requirements of the development standards in this Chapter 7, and maximize compliance with the Comprehensive Plan goals and objectives. (c) In general, the defined Activity Envelope for development of primary uses shall be large enough to accommodate the proposed principal use of the property and traditional permitted accessory structures, infrastructure (roads and septic systems), and uses, but should not be significantly larger than the area needed for such structures. In the case of a site with few Constrained Areas, the defined Activity Envelope may include more than one potential building site for a new Single family home. The defined Activity Envelope may include non - contiguous areas (including separate areas for septic fields, landscaping, driveways to public roads, mitigation measures required in connection with any provision of this Chapter 7, and /or areas to be disturbed only during construction on the property — including staging areas and materials storage areas). Construction of trails will not require an Activity Envelope analysis except as required by Sec. 7- 20 -50. (d) Clearing, grading, grubbing, earthmoving that exceeds fifty (50) cubic yards, or changes in the natural drainage of the site shall occur only after an Activity Envelope has been defined and all applicable local, state and federal permits have been obtained. In addition, Site Plan Approval is required if these activities will occur on a property within a Scenic View Protection Area. (e) Activity Envelope and Site Plan Review for a Stream Restoration Project shall adhere to all development standards in 7 -20 -40 and 7 -20 -80 and shall be reviewed by the BOCC as set forth in Table 2 -1. (f) Once an Activity Envelope, has, been defined, the natural grade, topography, vegetation and drainage of areas outside the defined areas shall not be disturbed except as specifically permitted in this Land Use Code: Prior to any development activity on the parcel, the boundaries of the Activity Envelope shall be identified with construction fencing, and such fencing shall remain in place until development has been completed. (g) While it is preferable to obtain approval of an Activity Envelope as part of the Site Plan approval process, applicants who are not prepared to submit a Site Plan for a specific structure may request approval of an Activity Envelope separately. Prior to the issuance of a Development Permit, the applicant shall be required to apply for and obtain approval of a Site Plan confirming that the proposed development is consistent with the defined 0 0000.06 Activity Envelope and with other standards in this Land Use Code not considered at the time the Activity Envelope was defined. (h) The standards in this Chapter 7 shall be used (i) to identify the Activity Envelope on a property, (ii) to review and approve the Site Plan for proposed development, and (iii) to regulate development within the Activity Envelope pursuant to the Site Plan. Development Standards in this Chapter 7 which are to be reviewed as part of Activity Envelope and Site Plan review are set forth in Table7.1. The Applicant is seeking approval for an Activity Envelope to surround the existing conforming primary dwelling unit, landscaping, most of the gravel driveway, accessory sheds and a new onsite waste water disposal system (OWS). A portion of the existing gravel driveway and the non - conforming structure which will house the CDU will not be located within the proposed Activity Envelope (see Attachment 15). The Applicant will comply with the standards for Activity Envelope and Site Plan Review. All requirements were considered when developing the Activity Envelope for the property which is depicted by Attachment 4. The Envelope avoids constrained areas as required. The envelope is over 100 feet from the Sopris Creek. The Applicant has evaluated the constraints listed above and has addressed them when necessary or applicable. Site Preparation and Grading Section 7 -20 -10 (a) Grading and Fill Placement Grading and filling on a site shall take place only within a defined Activity Envelope. All grading and fill placement that exceeds fifty (50) cubic yards shall be indicated on the Site Plan. All grading and placement of fill is not proposed. The footprints of two sheds and a gravel driveway will be reclaimed and revegetated as depicted on Attachment 15. (b) Clearing, Grubbing, and Vegetation Removal Clearing or grubbing of land, or removal of vegetation shall take place only within an approved Activity Envelope, except removal of noxious weeds and 10 or fewer dead or diseased trees of a caliper of 6" d.b.h. or greater within a 12 month time period that create a hazard may occur outside of an Activity Envelope. Disposal of dead or diseased trees shall be in accordance with the Land Management Department's policy. Trees removed that contain active mountain pine beetles shall not be stored for firewood. Each Site Plan shall document compliance with the requirements of this Sec. 7- 20 -10(b) and Sec. 7 -20 -130. VA 000OUI Clearing or grubbing of land or removal of vegetation is not proposed. (c) Tree Removal and Mitigation Each tree with six (6) inches or larger diameter at breast height (D.B.H.) that is removed within the Activity Envelope shall be replaced with one (1) or more trees with total D.B.H. at least equal to the caliper(s) of the tree(s) removed, to the maximum extent practicable. Any tree that (i) is diseased, or (ii) is required to be removed pursuant to the provisions of Sec. 7- 20 -60, as those requirements may be varied by a wildfire expert approved by the County, may be removed and no replacement shall be required. All revegetation shall also comply with the Pitkin County Revegetation Guidelines. Required replacement trees that do not survive for at least one (1) year after installation shall be replaced at the owner's expense, and the County may require financial security for such replacement pursuant to Sec. 7- 20- 130(b)(7). The proposed development will comply with the requirements regarding the removal of trees. (d) Protection of Natural Terrain The County Planning Engineer or Community Development Director shall suggest and may require design and construction techniques that lessen or mitigate any physical and visual damage caused by the proposed activity or development to Constrained Areas or to the natural terrain, stream vegetation, and other natural features of the landscape within the Activity Envelope. Techniques shall include, but are not limited to: (1) Revegetation Revegetation and reforestation utilizing native or similar horticultural material, to be completed during the first planting season after construction; where vegetation is removed, it shall be replaced with vegetation that will reach similar density and height to that removed within two (2) years following conclusion of construction. (2) Topsoil Removing and saving topsoil prior to any grading or excavating and replacement for revegetation. (3) Weed Prevention Weed prevention, thistle management, and prohibition of non - native plants, which may include reducing animal damage to vegetation cover, as determined by the United States Soil Conservation Service Soil Survey. (4) Utility Installation a6U008 Locating and installing utilities in a manner minimizing damage to the natural environment and scenic quality. (5) Erosion, Sedimentation, and Stormwater Management (a) Land uses shall: (1) Not cause erosion problems and, if practicable, retain all soil on site; (2) Minimize disturbance of natural vegetation and soil cover; (3) Ensure that all cuts and fills are adequately designed and vegetated to control erosion as well as stability of the slope area; (4) Ensure that natural drainage patterns are preserved and protected from increased water flows that subject existing channels and adjacent+areas to increased erosion; and (5) Preserve'natural vegetation and soil cover within those buffer distances adjacent to rivers, streams, lakes, reservoirs and wetlands /riparian areas established in Sec. 7- 20 -80. (b) Mitigation measures identified in an approved erosion, sedimentation, or stormwater management plan shall remain in place until revegetation is viable. Site development will comply with all the above requirements for site preparation and grading including revegetation, topsoil, utility installation, weed prevention, erosion control and disturbance of natural vegetation. Steep and Potentially Unstable Slopes — Section 7 -20 -20 The following provisions shall apply whenever steep slopes or potentially unstable slopes occur within the Activity Envelope, but do not apply when the Activity Envelope have been defined to avoid such areas. (a) Slope Delineation Slopes shall be delineated within the Activity Envelope with two (2) foot contour intervals. Slopes between each two (2) foot contour in each of the following categories shall be designated by a distinct graphic pattern. 9 GoGGi,9 (1) Slopes that are fifteen (15) percent or greater, but less than thirty (30) percent; (2) Slopes that are thirty (30) percent or greater, but less than forty -five (45) percent; (3) Slopes that are forty -five (45) percent or greater. (b) Forty -five (45) Percent or Greater Gradient The Lot is virtually flat. The Community Development Department staff waived the requirement to prepare a topographic map. Water Courses and Drainage Section 7 -20 -30 (a) Applicability The water resources standards in this Sec. 7 -20 -30 are applicable to all development. (b) Encroachment or Channeling Encroachment or channeling, activities in a river, stream (including intermittent streams), pond, wet meadow, or wetland are also subject to the requirements of Secs. 7 -20 -40 and 7 -20 -80 of this Land Use Code, as well as all other applicable state and federal statutes and regulations (including, but not limited to the U.S. Army Corps of Engineers permitting requirements of Section 404 of the Federal Clean Water Act). The Applicant is not proposing and changes to the stream channel. (c) Drainage (1) General Activities and development shall provide for: (a) Maintenance of historical flow patterns and runoff amounts to reasonably preserve the natural character of an area and prevent property damage attributable to runoff rate and velocity increases, diversions, unplanned ponding and /or storm water runoff, (b) The unimpeded flow of natural water courses and ditches; (c) Adequate drainage for all low points; 10 000010 (d) A drainage system designed to account for an entire drainage basin capable of accommodating runoff from a proposed development and, where applicable, the runoff from areas adjacent and upstream; (e) Maintenance of drainage systems; and (f) On -site treatment of stormwater by use of best management practices designed to detain and allow infiltration of runoff prior to discharge to any water body. (2) Runoff Volumes Runoff volumes and peaks within a development site and in areas affected by runoff from a development site shall not exceed the runoff levels attributable to the undeveloped site as determined by a professional engineer licensed in the State of Colorado. The alteration of drainage patterns is not proposed. (d) Groundwater Activities and development shall not result in the introduction of any contaminants to groundwater, or interfere with any recharge area or aquifer. Groundwater will not be impacted by the proposed plan. Groundwater quality will probably improve from the improvement of the OWS. (e) Irrigated Areas Activities and development shall: (1) Not adversely affect the adequacy of water supplies available for the irrigation of agricultural lands; and (2) Not adversely affect the exercise of any existing and decreed irrigation water right. The Lot is being irrigated. It will continue to be irrigated. (f) Irrigation Ditches Activities and development shall: ®00 -.-1 (1) Access Provide for access to irrigation ditches by ditch owners and to the public if a ditch is to be, or is part of the Pitkin County Open Space and Trails System or other public property. (2) Preventing Leakage Ensure that no building shall be constructed immediately downhill of a ditch unless the ditch can be placed in a culvert, lined, or otherwise treated to avoid leakage of water downhill towards the building. (3) Avoid Flooding Design land uses to avoid flooding problems from flood irrigation. (4) Avoid Seepage Place basements and soil absorption on -site wastewater treatment systems in locations where they will not be impacted by flood irrigation or seepage from irrigation ditches. Irrigation ditches will not be altered: (g) Sedimentation Activities and development shall: (1) Control During Construction Provide adequate sedimentation control throughout all phases of development. (2) Sedimentation Retain sediment produced by soil disturbances on site where the disturbance occurs and prohibit run -off into any water body, wetlands, or riparian area. (3) Revegetatiow Revegetate clearing and grading as soon as possible, but in no event longer than one growing season after conclusion of development on a site. Best management practices will be used during construction as outline in the Construction Management Plan which will be submitted as part of the building permit submission. (h) Water Quality 000012 12 (1) All land uses shall comply with those setbacks required by Sec. 7 -20 -80 and those setbacks required by Table 5 -1. (2) Activities and development shall comply with all state and federal statutes and regulations concerning the protection and enhancement of water quality (including but not limited to the requirements of all state and federal permitting programs). (3) Activities and development shall be consistent with maintenance of the Stream Classifications for the Roaring Fork River watershed, as identified in Section 208 of the Roaring Fork Watershed Management Plan, and shall comply with state regulations pertaining to maintenance of those classifications. Water quality will not be impacted by the proposed development. (i) Efficient Water Use Activities and development shall emphasize the most efficient use of water, including, to the extent permissible under law, the re- cycling and reuse of water. The fixtures used in the accessory structure shall comply with Building Code standards. Floodplain Hazards Section 7 -20 -40 The existing structures located on the property are not within the Foodplain hazard area. Geologic Hazards Section 7 -20 -50 The subject site is not affected by geologic hazards. Wildfire Hazards Section 7 -20 -60 This section establishes the standards for development in wildfire hazard areas. The level of hazard is determined primarily by grade or slope and continuity of fuels. As a general guideline, low hazard is located on• slopes of zero to twenty (0 -20) percent with discontinuous fuels; moderate hazard is located on slopes of ten to twenty (10 -20) percent with continuous fuels, or on slopes greater than twenty (20) percent with discontinuous 13 0000A fuels; and severe hazard is located on slopes of greater than twenty (20) percent with continuous fuels. The subject site is mapped as a low and a moderate hazard area. The Applicant will comply with the Code standards for these areas. River and Stream Corridors and Wetlands Section 7 -20 -80 (a) Riparian and Wetland Areas and Buffers (1) Protected Features Each Site Plan shall identify each of the following features on the property. (a) "Blue line" perennial streams shown on U.S. Geological Survey maps of the area; and (b) Intermittent streams or streambeds known or apparent from field study, with the exception of man -made waterways such as ditches and water features. (d) Isolated, natural wetland and riparian areas. (2) Minimum Setbacks All activity and development shall maintain a minimum setback from the protected features identified in subsection (1) above. (a) All activity and development after the 5th of July, 2006 shall maintain a riparian area /wetland buffer of at least one hundred (100) feet, measured horizontally from the identifiable high water line of each feature identified in subsections (a)(1)(a) and (b) above. This one hundred (100) foot setback may be reduced to between one hundred (100) feet and a minimum of fifty (50) feet upon demonstration by the applicant that such reduction shall not result in water quality degradation, stream bank erosion and /or a reduction in the quality of riparian or wetland habitat pursuant to standards in Section 7 -20- 80(4). (b) All activity and development after the 5th of July, 2006 shall maintain a buffer of a minimum of twenty -five (25) feet from isolated wetlands and /or riparian areas identified in (a)(1)(c) above. 14 0000A As described in previous sections of this application and depicted on Attachment 2, Improvement Survey Plat, two sheds, a gravel driveway and the accessory dwelling unit are located within the 100 foot Sopris Creek setback. The Applicant will relocate two sheds and reclaim and revegetate most of the gravel drive. Approximately 4,090 square feet of lot area will be restored with native vegetation. A portion of the driveway as depicted on Attachment 15 will remain. Additionally, the existing accessory dwelling unit will become a legal CDU located in a non - conforming structure which is 26 feet from the high water mark of Sopris Creek. A 100 foot setback is required. The location of a CDU in a non- conforming structure is addressed later in this land use application in the Non - Conforming section. Landscaping and Vegetation Protection Section 7 -20 -130 All development in Pitkin County shall comply with the Pitkin County Landscape Guidelines and portions of development adjacent to public roads shall comply with the Roadway Landscaping Guidelines contained in the Pitkin County Asset Management Plan. In case of conflict between the provisions of these two documents and the standards below, the guideline documents shall apply. The Applicant agrees to comply with the landscape and vegetation protection measures incorporated into this standard. Attachment 15, Activity Envelope and Site Plan, shows the Applicant is proposing to reclamation and revegetation of the footprints of two sheds and the gravel parking area in addition to planting riparian grasses along the Creek. Lighting Section 7 -20 -140 This section of the Code establishes lighting standards. The Applicant is not proposing exterior lighting detached from the proposed structure. Any exterior lighting will be located on the walls of the proposed structure and shall be downcast lighting in compliance with the Code. Roads, Driveways and Parking Section 7 -30 Refer to Attachment 2, which shows the existing driveway and parking areas and Attachment 15 which shows the proposed Site Plan. The Applicant proposes reclaiming and revegetation of a significant portion of the existing gravel driveway which is located within the 100 foot Creek setback. OOOK5 15 Water Supply Section 7 -50 -20 The Lot is served by the Double K Water Association. Carol Nemiec, Secretary Treasurer of the Association, indicates in her June 14, 2012 letter that the Association has the capability to provide residential water to the primary house and the proposed CDU (see Attachment 14). Sewage Treatment and Collection Section 7 -50 -30 The existing OWS needs to be upgraded. Tim Petz of All Service Septic has been on the site and evaluated soils for the upgrading of the system. Tim indicated in a telephone conversation that the existing system can be upgraded to serve the primary dwelling unit and the CDU. Non - Conforming Structures Section 9 -40 Lot 3 is a substandard size lot in the AR -10 zone and is entitled to be developed with a primary single family residence by right and ,a CDU pursuant to Special Review. Attachment 2 shows the existing accessory dwelling unit;is located 26 feet from the Sopris Creek high water mark when a 100 foot setback is required. A review of the Background and Existing Conditions section of this application establishes that the existing accessory dwelling unit was built in 2004 prior to the adoption of the 100 foot Creek setback in July of 2006 (see Attachment 8). It is a non - conforming structure because it is located within the Creek setback. When the structure was built it complied with the Creek setback standard which was only 20 feet prior to July of 2006. Section 9 -40 -10 of the Code states that "a non - conforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of Chapter 9." The Applicant requests permission for the non - conforming structure to continue to exist in the existing location subject to approval of the Special Review approval for a CDU, successful Building Department inspections of the structure and upgrades to the OWS. Special Review Criteria for a Caretaker Dwelling Unit Section 2- 30 -30(h) (a) The special review use shall be consistent with the applicable County Master Plan. The location of a CDU on the Lot is consistent with the Pitkin County Down Valley Comprehensive Plan and the Emma Area 2008 Master Plan. (b) The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. 16 iiu The proposed CDU will be in compliance with the Code if it is approved as a non - conforming structure and if the OWS system is upgraded. The Applicant agrees to upgrade the accessory dwelling unit as may be necessary to comply with the Building Code. (c) The proposed development must not materially endanger the public health, safety or welfare. The proposed CDU will not endanger the public health, safety and welfare if the OWS is upgraded. (d) The proposed development must not substantially injure the value of adjoining or abutting property. The proposed CDU will not substantially impact the value of adjoining or abutting property. (e) The special review use'shall be consistent with the intent of the zone district in which it is proposed to be located. The proposed CDU is permitted in the AR -10 zone subject to Special Review approval and required public notice. (t) The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Caretaker Dwelling Units are common in the Double K Ranches Subdivision and Emma area. (g) The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking; trash, service delivery, air /water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. The CDU will be in compliance with this standard. (h) There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. 17 The approval of the proposed CDU will not significantly increase impacts on the services listed above. (i) The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4 -30 and /or Sec. 2- 40 -20. The Applicant will comply with the standards referenced above. 0) If a Special Review Use ceases or its permitted time period ends, all uses and structures must immediately be brought into conformance with the underlying zone district regulations. If cessation of operation is due to demolition or destruction through any manner not willfully accomplished by the owner, uses /structures may be restored as of right pursuant to Sec. 9 -30 -70 of the Land Use Code. The Applicant will comply with this standard. Caretaker Dwelling Unit Section 4- 30- 50- (e)(1)(2) (e) Caretaker Dwelling Unit These standards are for the purposes of providing a voluntary caretaker dwelling unit on a legally created lot or parcel in the County. Caretaker dwelling units created pursuant to these provisions, shall not be used for mitigation of employee housing requirements as established elsewhere in this Land Use Code. (1) CDU as Permitted Accessory Use In the RS -160, RS -35, RS -30, RS -20, AR -10, AR -2, R -30, R -15, R -15A, and R -6 zone districts, one (1) caretaker dwelling unit shall be a permitted accessory use provided that: r , (a) It is attached to a single family home ( "principal dwelling "); (b) The lot or parcel on which it is located conforms to the minimum lot are requirements for each dwelling in the zone district in which the caretaker dwelling unit is located, as shown in Table 5 -1; (c) The caretaker dwelling unit shall not exceed one thousand (1,000) net livable square feet on lots or parcels that are thirty thousand (30,000) square feet or greater in lot area, and seven hundred (700) net livable square feet on lots or parcels that are less than thirty thousand (30,000) square feet in lot area; 18 00 Gr�ib (d) The floor area of the caretaker unit shall be included in the total allowed floor area for the lot or parcel of land (e.g., if the CDU is seven hundred (700) square feet, the maximum total area of the primary residence and other included accessory structures shall be seven hundred (700) square feet less than what would apply without the CDU); (e) Two (2) off- street parking spaces shall be provided for each caretaker dwelling unit. (f) The applicant shall by deed restriction or other permanent commitment running with the land guarantee that the caretaker dwelling unit: (1) Shall not be required to be rented; (2) Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; (3) Shall be limited to occupancy by (i) not more than two (2) adults, and related children, who qualify as (and have been found by the Housing Office to be) employees of the community under such guidelines as may from time to time be established, or (ii) members of the owner's immediate family, even though they may not qualify as employees of the community. (4) Shall be rented for terms not less than six (6) months if rented. (g) The Caretaker Dwelling Unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. 'YfImodified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable requirements of this Land Use Code. (h) The provisions of this regulation are for the purpose of providing a voluntary Caretaker Dwelling Unit on a legally created lot or parcel in the County. Any unit approved under this provision of this Land Use Code shall not be used for mitigation of employee housing requirements as established elsewhere in this Land Use Code 4U00i.9 19 As previously noted in this land use application the existing accessory dwelling unit has been occupied on a full time basis by local employees since it was built in 2004. The Applicant is seeking approval for the CDU and approval to upgrade the OWS to enable the current local resident, Brenda McCartney, to continue living in the dwelling unit (see Attachment 9). The Applicant will comply with all the standards in this section. (2) CDU As Special Review Accessory Use A caretaker dwelling unit that is (a) located in the LIR -35, VR, B -2, VC, P -I, or T zone district, or (b) located on a lot or parcel that does not meet the minimum lot area requirements for each dwelling unit in the zone district where it is located, as set forth in Table 5 -1, or (c) is detached from the principal single - family dwelling on the lot or parcel, shall require approval through the Special Review Use process in Chapter 2, and shall meet the requirements of subsections (1)(c) through (1)(g) above. This standard is not applicable to the AR -10 zone. V. SUMMARY Bryan Edgington is the owner of Lot 3 Double K Ranches. The Applicant recently acquired the Lot and is seeking to obtain approval for an existing accessory dwelling unit as a CDU. This land use application has explained the background associated with the accessory dwelling unit and the Applicant's proposal. This application has demonstrated substantial compliance with the Land Use Code sections identified in the Pre Application Conference Summary Sheet (see Attachment 16). The following is a list of Attachments referenced in this land use application. 1. Vicinity Map 2. May 4, 2012 Improvement Survey Plat by Tuttle Surveying Services 3. Pitkin County Assessor Parcel Detail Information 4. November 11, 1972 Survey by Scarrow & Walker 5. July 12, 1983 Survey by Mountain Engineering & Land Surveying Company 6. April 14, 1997 form letter prepare by Double K Water Association 7. May 1997 Letter from Jerry and Marta Hauner, Request to build Caretaker Unit 8. June 4, 2012 email from Cynthia Kohart to Glenn Horn, Re: 144 Horseshoe Drive 9. May 22, 2012 email from Brenda McCartney to Glenn Horn Re: 144 Horseshoe Drive 10. June 4, 2012 letter from August Reno, Architect to Glenn Horn Re: 144 Horseshoe Drive 11. Memo to Glenn Horn from Dana Strong, Master Plumber, Topic: Caretaker Unit ®UGU ^j 20 12. Memo from Randy Hall of Y- Electric to Glenn Horn, Re: 144 Horseshoe Drive 13. January 24, 2012 letter from Tim Petz, All Service Septic, to Bryan Edgington Re: 144 Horse Shoe Drive Subsurface Investigation and Percolation Report 14. June 14, 2012 letter from Carol Nemiec, of the Double K Ranch Water Association to Glenn Horn, Re: Legal Water Supply for Caretaker Dwelling Units 15. Edgington Activity Envelope and Site Plan 16. Pitkin County Pre- Application Conference Summary Sheet 17. Proof of Ownership 18. Authorization Letter 19. Fee Agreement 20. List of Property Owners within 300 Feet Please contact us if any additional information is needed. Thank you. Sincerely, DAVIS HORN INCORPORATED GLENN HORN AICP 1000021 21 000022 A TTACHMENT I dOL04-f3 o ;l 1 0 PL>� REHAB w7 1 40' AE01 YW Pu r eaarJPAW .a ATTACHMENT L Im pro vem en t Survey Pla t Lot 3 Double K Ranches _ PI tkln County, Colorado Legend end Notes O Indlcotes found monument as dascr,0ed -_ - Oote of Sbnvy, October 31, 2011 - Unit of Measurement: US Sunsy Foot I.Of J DOUME K RANLWa ACCORUNG 70 THE PLAT THEREOF RECORDED AUGUST .; 1965 IN PLAT B" 3 AT PACE J% Pl TKIN COUNTY, CIXORADO. BearMgs are based upon a bearhq of S 7J'3330' E along the South line of said Lot .X and as shown M Plot Book J at Page 35. I I eu , , - - ® NEU READ o � r � ITT" SURY�'YING ShRVICls's 7 Blake Avenue 1 1� nwood Springs, Colorado 87601 L O 70J 928 -9708 (FAX 947 -9007) ad- j®, wbi-w. cosh 0 .1 O I I � I I �O I A 1 1 1 � �r ,1 t am.�s mow T Pu sRc MARKM LS let 1 erar - - �, \ ... .. ... "D Sgrnc LAD - this survey does not All fnlbvt a title search t this wrvepor to d-ts or other ship or an dlscrowr easements or other t b csa of recovd. A// M ail p Mq to own ip, eosementa ar other encumbrtncss of record has beam taken encum ran /arm on srtoM scab .ns RNA n7,- ,• ,may ` C� >reap POLE from title insurance canm/tments issued by P/W7 County Titles Inc., doted October /Q 2011 as Case Na 86127W q%lE this property Is subject to the hJl-09 ascgotions per said 776e C- ltment- z atilt. _ OHti -- OW9A Pal" 7 Right of the proprietor of a den or lode to extract or rema r. his are therefrom, should the some be found to Pertetratl or noelAW Mtercel the premises hweby gr tad ox reserved h United States Patent recorded .Arly 16, 1893 M book 55 at Pogo 8a �. d OerdarotArM of Restrlttkns as contained M on Instrument recorded October JJ, 1965 M Book 218 of Pops 60 and Amenalr nt thereto recalled January A 1967 M Boa* 225 at Page 82. LOT 3 gym - 9. Easmw (t 6 Rights of NbX and all matters as d /sciosed an Plat of subject property recce dsd August 3, 1965 M Plot Boa* 3 DOUBLE K RANCH -_- at Page 35 PLAT BOOK 3 PACE 35 x/� s �- '- - -" la re x cnnd/tia,% and obligatin. as set froth M the CrUlkote of Incorporation of Double K Mbter Association recorded 2263 ACRES +/- r - = May 26. 19466 M Book 220 at Page 479. it x - - -- suRWrues cERnfTaTE A PROFESWWAL LAND SUR4£)AR LICVVSED UNDER THEI 05 � Sf17F OF AM -__- W cr AKW cotoRADP, THAT THIS PLAT lS mu& CORRECT AND COMPU7£ AS LND OUT AND tai CAM- F on curs Ai ado I x d/ov usWHW \ + -__ -_ -- Ag oaift s n tie:TUr . • THE WONV RE HEREON,- THAT P wa PLAT WAS MADE BY ARE y OI c ACCURATE sr 1v av Llr IL As CE 5V ypm OR r Nor THE REAL P10, 211, PHAr IN T BY ME OR UNDER MY IS PL4 ST/ RELIED U OV PU/ EKXAY .1 PAGE .f3 rw� fd.11D rn sTr _ ' � � NO bLi/B£R f0, 201 f; THAT /N THE PR£PARA nQN Or THIS PLAT; t Rt7J[D UPON 4y AT7ORNES PITKAV COUNTY PILE INC,. 7771E INSURANCE COQU17%0Vr, OA-F NO. Q� 96J27W, DATED E"FC77W OC70BER fQ 2011; THAT THE LOCA77CW AND O7MENSfCN5 rt - - - - - - OF ALL 8U/LONGS; /MPROYEVENTS EASEARENT$ RIGYTS Or WAY IN ENDENOF OR it", -. KNOW TO ARE AND ENOROACHMENTS' BY OR OV THE REAL PROPERTY AND MATTERS t• -. - - - REFE77ENLED /N SA/D 7711E Co1RMnMLNr CAPABLE Oc SETNGG 940NN AREA RA M.Y wow, AND 7HAr THIS PLAT M£t7S THE REQUIREMENTS AN /MPRO T wRl£Y PLAT AS SET FORTH IN CRS §M -51- 102(9). ___ =_ _ - - 771f SVRI£YING .SE7PNGL'S N 897200. W- DATED: - _ _ ' / _ _ _ - _ _ _ - B.EYFFREY ALLE]V TU77LQ 1.S AVM " rUAW —_- ! 1 BGgY J PAGE JS -. x x a S - -- f F rBaea,K 5, - - -- - (� K GRAPHIC SCALE LOT I �� .- ..- -- - 47*Y SITE - DOUBLE K RANCH it t so 0 rQ ) _ teeh • a CURVE TABLE n, VICINITY MAP I � �- SCALE.� P =3OO� _ CURIE [FNCIH RAD/US TANGENT CHORD BEAR /NC DEL 7A e K ` N N C7 1152,; y'w� - x 1 N b C2 6 .40' 644.9 J7.2 62 S !872'52'[ J JT b Improvement ,Survey Plat / -4 Morse Shoe Drive I W. ✓W I j at-- 0$ /o4�i2 Pilkin County, Colorado � 'F 1 ITT" SURY�'YING ShRVICls's 7 Blake Avenue nwood Springs, Colorado 87601 L . .m �.rNI= �Aevm 70J 928 -9708 (FAX 947 -9007) ad- j®, wbi-w. cosh Improvement ,Survey Plat / -4 Morse Shoe Drive I W. ✓W I j at-- 0$ /o4�i2 Pilkin County, Colorado � 'F 1 Parcel Detail Page 1 of 3 ' Pitkin County Assessor ATTACHMENT 3 Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search Basic Building_ Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential /Commercial Improvement Detail Owner Detail I Land Detail I Photographs T Account Number 11 Parcel Number 2011 Mill Levy 016 11 — R007153 246513201005 66.238 Primary Owner Name and Address EDGINGTON BRYAN PHILLIP PO BOX 1843 RIFLE, CO 81650 Additional Owner Detail Legal Description Subdivision: DOUBLE K RANCHES SUBDIVISION Lot: 3 Location Physical Address: 144 HORSESHOE DR BASALT Subdivision: DOUBLE K RANCHES SUBDIVISION Land Acres: 2.260 Land Sq Ft: 0 2012 Property Value Summary - - -1 Actual Assessed Value Land: I 450,000 35, 060024 Improvements: 100,000 7, http: / /www.pitkinassessor.org/ assessor / Parcel .asp ?AccountNumber= R007153 6/13/2012 Parcel Detail "OC J0 L 5 II Total: 550,0001 13,7801 Additional Sales Detail Basic Building Characteristics Page 2 of 3 http: / /www.pitkinassessor.org/ assessor /Parcel .asp ?AccountNumber= R007153 6/13/2012 Residential Building Occurrence 0 Characteristics FINISHED GARAGE: 11625 CARPO 1430 FINISHED BSMT: 111,036 FIRST FLO 12,016 UNFINISHED BSMT: IL260 OPEN PORCH: 11100 Total Heated Area: I 3,052 Property Class: SINGLE FAM RES- IMPROVEMEN Actual Year Built: 1968 Effective Year Built: 111968 Bedrooms: 114 Baths: 114 Quality of Constructio JAVER T 11 Exterior Wal JWD SID LOW Interior Wall: JDRYWALL Floor: CARPET Heat Type: FORCED AIR Heating Fuel: GAS Roof Cover: 11ASP SHINGL Roof Structure: GABLE /HIP Neighborhood: DOUBLE K/ORCHARD ESTATES Super Nbad: EMMA AND SOPRIS Page 2 of 3 http: / /www.pitkinassessor.org/ assessor /Parcel .asp ?AccountNumber= R007153 6/13/2012 Parcel Detail Top of Page Assessor Database Search Options Pitkin County llome Page Page 3 of 3 The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2011 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. 0u01 U26 http: / /www.pitkinassessor.org/ assessor / Parcel .asp ?AccountNumber = 8007153 6/13/2012 Improvement Detail Page I of 2 Pitkin County Assessor Residential /Commercial Improvement Detail Information ,Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I 'Treasurer Tax Search Search Parcel Detail I Value Detail I Sales Detail I Residential /Cone ncrcial Improvement Detail Owner Detail I Land Detail I Photographs Account Number R007153 0LOL7 http: / /www.pitkinassessor.org/ assessor /Improvement2 .asp ?AccountNumber= R007153 6/13/2012 Residential Building Occurrence 0 Characteristics FINISHED BSMT: JF1,036 FIRST FLOOR: 112,016 FINISHED GARAGE: 625 OPEN PORCH: 100 UNFINISHED BSMT: 11260 CARPORT: 430 Total Heated Area: 3,05 Property Class: SINGLE FAM RES- IMPROVEMEN Actual Year Built: 1968 Effective Year Built: 1968 Bedrooms: 114 Baths: 114 Quality of Constructio JAVER T 11 Exterior Wall: JWD SID LOW Interior Wall: IFDRYWALL Floor: 11CARPET Heat Type IFORCED AIR Heating Fuel: GAS Roof Cover: JFASP SHINGL Roof Structure: GABLE/HIP Neighborhood: DOUBLE K/ORCHARD ESTATES 0LOL7 http: / /www.pitkinassessor.org/ assessor /Improvement2 .asp ?AccountNumber= R007153 6/13/2012 Improvement Detail Super Nbad: LEMMA AND SOPRIS Top of Page Assessor Database Search Options Pitkin County Home Page Page 2 of 2 The Pitkin County Assessor's Office makes every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Office are unable to warrant any of the information herein contained. Copyright O 2003 - 2011 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. r;L02 -8 http: / /www.pitkir, �ssessor.org/ assessor /Improvement2 .asp ?AccountNumber= R007154 6/13/2012 'AIN' ` dye ATTACHMENT 01A tz;ktp A.. 111%, V .0 0 to cart If y 'that on the 11th was a of �qyamber; 'I 9'7:Z`" a under MY I— ., there--- - , 3 - I - -_ �' Ranches' Subdi'�,j's- on; Couhtf` f,-Pvf�i�n'. _Lot 0 p the'. shown S ta tii Co a file"d P I t ...I'n the of H C6 Of Pitklh Cobnt*Y, Colorado' as Of -the-Clark and Recorder jDocu'ment, ��O -c6fttleii6f.11, . fund a one 'sto * story house` of frame on, I Z 13;0 1 foudatl n and asphalt shinglef r6bf to . w r th wood "S'l d I ng,-, C�rLttiLfe I I ners 0 be located Of the lot as shown'' ted w I th I' of all 6u Ori th' n the boundary �V.� � p I at." lo buildings; d I ngs mprov6iW6-f _71f�4_ G�'ion and dimensions so easements and .rlgqts f ev i dencw'or- knO'Wrf 1-0—m-16 "and _en'c`r'a s'ch' _:7QJ.:7ways are- '6CCVMt_e_1T_i_hown. !!ents by or 'ch the premises SCAPROW I10 WA LKER Robert Pj, S Reglsferad Land Sury 00- 0. 0 d- 9 I _ " ° IMPROVEMENT LOCATION CERTIFICATE SCALE /"= i00' LOT 2 --LL I PUMP 6ASfMMj, Ct0 is 30 -O 111 ui 1 .tcUM. csrP7 V Z� p9, R 1 77039 Powe,e RolE - -'a•no \ \ s' N m S N O Z � N O � O ; C L_ — r r f 5� N0 SE 1 ` LOW c4v 90/8 OU /LD/Nl; S E 7 SAC yo �• W A'60 CAP L. S. 90/8 Z5.58'. ,v/zQq'5b0 "W 1W.3S!' e 1 N z3• /6Q7 "W 10.50 r ! s W :r C'2 ov- A 2.263 AC. ° \ \ Nal lo°Z2boIV k r x 9.e6 ' A/C 9 *49bo "W LOT .4.- -- ,v / yJ6s� �+•Kr (l'') SG ,S Gates .• � " -.2'0 coT 3 N• • [1 NO 7 °57 bo "W 137.32' EJ DETA /L - HOUSE ,41v0 PAT IO /6. 25' 11 I hereby certify that this improvement location foCTRHESL A/vD,QO3E /y provement survey CkL6y certificate -r.. that it is not a land Survey rC(n- and that establishment of fence, it is not to be relied upon tOhclln or other rt.he. J further certify that this date, 7_ /Z.4g.3 future im))rovement the improvements on the above• within the boundaries of described parcel 011 the except utility are encroachments upon the Ilr:he pad entirely [ houn. that there ,]r•• no inq premises, except as or sign indicated, 1'cy b�, Jr-prove, nts on ally adluiu- and that of any casement except as noted, there is no apparent e%idcncc cross in g or burdening any LEGAL DESCRIPTION part of said parcel, CdUNTY OCp OR K RANCHES, •400 • t c �G ' r- 4,� lr . 11 N; 204 a. James —`K- o, •S-1 1 0 — Of O t Q . �Nr4N11111111 \1����` Nf - s According to Colorado law,'you must columence any legal action based defect. In no Upon any defect. in this survey' within six {6) event l[ta years after'youu discover such commenced more than.teay dny.action'b¢sed upon any - defect in this survey be hereon. (101 years 'from -the -data of ,tis ... D C7 2 M z ig ATTACHMENT 6 ,APRIL 1.4, 1997 BASED ON ALL AVAMABLE INFORMATION, DOUBU K WATER ASSOCIATION AND IT'S OFFICERS ARF AUTHOR.IGP.J3 TO IWRES7ZNT TO PIT KIN COUNTY THAT THE ASSOCIATION HAS SUFFICMNT QUANTITY AND QUALnT OF WATER, FOR CARETAKER UNITS AND ALL OTHER RESIUENTIAT, USES PERNffr= By THE BYLAWS AND APPLICABLE CODES ON EACH OF THP, 19 LO'T'S IN THE SUBDIV iSION, AND TO TAKE SUCH STEPS AS MAY BE REQUIRED TO FURNISH SUFFICIENT WATER TO ALL 19 LOTS, ASSESSED EQUALLY TO ITS NII:MBERS, TNCLUDING EVEN'T'UAL REPLACEMENT OF THE WATER SYSTE\i Ob3331 From: Jerry & Marta hauner 0144 Horseshoe Dr. HASALT,C0.181621 Legal discription: Lot 3 Double K Ranches. Pitkin County ATTACHMENT °1 Basalt 5/10/1997 Request for permit to build Caretaker unit As show on our 1983 survey of property,attached, shed 0 1 size 20.71 x 26.83 it was build same time as main house in 1983 or before, it was probably use as shop and maybe studio apartment Shed has wood burning stove, electricity, electic heat,some unfinfsed plumbing. We would like to remodel shed and bring to up to cones: requirement Extension to present. structure, 9 feet on west side wAll enlarge caretaker unit to 700 s.f. Living area.with.2bdr_,1bath, kitchen, living roomw /dining area. Caretaker unit will need new septic, separate from house. Porches araun d house need to be build new, North side house porch can be use as 1 car car*ort plus storage area. There is plenty parking for more cars. Present structure of roof is 2x12 16' o.c. rafters, same will be on extension. New survey is order from Dan Scarrow 945 -8664. We would like caretaker unit to provide omployee housing for our insulating company and also to have help with our house and animals in case us traveling. Sincere Jerry $ Marta HAUNtR oo GO 32 ATTACHMENT g Glenn Horn From: Cynthia Kohart [Iakehouse1900 @grnai1.com1 Sent: Monday, June 04, 2012 7:07 PM To: ghorn @rof.net Subject: 144 Horseshoe Drive Glenn, As soon as Marta and Jerry Hauner said the building that they were renovating was ready for occupancy I began leasing April 1, 2004 and I lived there until December 31, 2009. 1 was their first tenant. The entire time 1 lived at 144 Horseshoe Drive I worked for Greg Mozian and Associates, Inc. and Susie's Consignments. Please let me know if you need any more details. 1 am happy to help. -Cindy Kohart 3uU333 ATTACHMENT01 Glenn Horn From: heirloomsresale @comcast.net Sent: Tuesday, May 22, 2012 11:30 AM To: ghorn @rof.net Subject: 144 Horseshoe Dr. Basalt, CO 81621 Dear Glen I currently live in the CDU unit at 144 Horseshoe Drive, Basalt, Colorado. It was purchased by Bryan Edgington in December 2011. 1 have enjoyed living in this cottage house for the past 2 1/2 years. It has served as a wonderful rental option with it's quiet location and short distance to Basalt where own a consignment store called Heirlooms. Prior to me living here my best friend and book - keeper, Cindy Kohart lived on the property and in this same unit. One of the many reasons I love the cottage house is its efficiency. It is well insulated, perfectly plumbed, well thought out on use of space, everything works like a charm and it's my "HOME" . I have already created many memories and hope to have many more in this home. I have lived in Pitkin county for 30 years, raised two daughters in the Aspen school district and operated Heirlooms for the past nine years in Basalt. It has come to my attention that the cottage house is up for a review with the BOCC in Pitkin County in regards to it's care -taker unit status. This rental situation has been a perfect place for me to reside and I desire to remain a tenant as long as possible. My new landlord Bryan Edgington has offered me a continuing leasehold as long as the cottage is allowed to remain. He has already proven to be a thoughtful home -owner and has been concerned about the impact of this situation on my life as well as his. If you have any further questions I can be reached at heirloomsresale(aD-comcast.net Thank you Brenda McCartney 000034 ATTACHMENT 10 August Reno Architects, L.L.C. Aspen, CO. and Carefree, AZ. June 4, 2012 Mr. Glenn Horn Davis Horn Inc. 215 South Monarch Aspen, CO 81611 Sent via email: 7h� ornli�rof.net RE: 144 Horseshoe Drive, Basalt, CO Dear Glenn: I visited the site twice, once in early December 2011 and once in January 2012. During my visits I observed a number of things related to the constriction of the existing 2 bedroom free standing unit at the East end of the property. I observed the unit, both inside and out for structural, life- safety, insulation and electrical compliance. As I understand, the structure was built in the early nineties. The building is built upon a series of 12" diameter concrete piers that are 48" deep. The owner of the property had a back -hoe out at the site in January, while I was present and exposed one of the piers. There are 4 rows of piers in the North -South direction and 6 in the East -West direction. There are 6 "x12" water treated wood beams that span in the North- South direction sitting on the concrete piers. The span for each of these is approximately 6'. Sitting on top of the 6 "x12 "s are 2 "x12 " @16" O.C. with 3/4" exterior grade plywood. These comply with the Pitkin County Building requirements. The walls are constructed of 2 "x6" wood studs at 16" O.C... There is a double 2 "x6" wood top plate and a single 2 "x6" wood sill. The exterior of the wall is sheathed with 1/4" exterior grade plywood. The roof is constructed of 2 "x8" wood top and bottom chords with 2 "x8" angled wood struts connected with TimCo steel gusset plates. These trusses are at 24" O.C... The roof is sheathed with 1/4" exterior grade plywood. There is a waterproof membrane with the finished roof above. The attic is vented at each end of the gable walls. These comply with the Pitkin County Building requirements. UUUUJ5 The porch roof is constructed of 3 wood 6 "x 6" water treated columns that sit on 12" diameter concrete piers, 48" deep. There is a 6 "x 12" wood beam that spans the 6 "x 6 "s with 2 "x 10 "s at 16" O.C. perpendicular that forms the porch roof. All connections are with pre - manufactured TimCo steel connectors. This complies with the Pitkin County Building requirements. The floor is insulated with 12" of batt insulation with a vapor barrier. The walls are insulated with 6" of batt insulation with a vapor barrier. The ceiling /roof has one layer of 12" batt insulation. This complies with the Pitkin County Energy requirements. The 2 bedrooms meet building requirements for minimum size and the windows meet the egress requirements for egress. All glass is 1/4" insulated glass. The window clear openings are 33 "w x 26" h. The window sills are 33" above the finished floor. This complies with the Pitkin County Building requirements. The living room has 2 operable windows with fixed windows above and a center fixed window. There is also a 3'w x 6' -8" door located in the living room. All glass is '/4 insulated glass. The building has a 100 amp service. All of the duplex outlets are GFI and light fixtures appear to be in compliance with the Pitkin County Electrical requirements. There are the necessary light fixtures at each of the exterior doors. It is my professional opinion that this structure is built according to the Pitkin County Building codes. I will send photographs of the structure and my observations for your use. Please contact me if you have any questions or need any clarifications. Respectfully Yours, August Reno, FAIA �UU,0136 �t v�r Aa Igfl f'J P0 Box 100 .Showmass, Colorado 81654 Vron rr a)SO )rir..Ilet 970- 927 - 3339 / cell 970 - 379 -3204 970-927-0687 Glenn Horn Topic: Caretaker Unit of Brian Edgington 144 Horseshoe Dr. Basalt , Co. 81621 ATTACHMENT I am a Co. licensed Master Plumber, license # 178332, exp 8/31/13 I was asked to perform an inspection of the above property for compliance with Current Plumbing Codes. The Unit is a finished property which limits the inspection to a cursory one. The following is a list of the mechanics and plumbing finishes . Mechanical/Laundry room: 1 a — Floor access into crawl space to a sewage ejection system . 1 b — Washing machine & dryer 1 c -- 50 gall. Electric hot water heater 1 d — a water pressure booster pump w/ 65 gallon storage 1 e — water softening equipment 060037 11 X..*AcAhcn Equipm) CM : a. SS S Si imyle. bowl sin!"L -- w/dlshlvash.-Y Sathrom . quipri t :1 — -f,)- single lavatonj vvAhucet a toiiet R, -- a tub/shovvlcr counF'o -.-I , I Ali flatures and fiftings vvei.e op%-Irati Oil ai andil in good 1,vo-ki-an, oroger . A."'] 'nisi is Nu-mbing MCC% curnmt, code requirep-nentz, . 'b I e 'Vator piping is cc;j,-)Pc-r ;-,a,.nrJj "Dw"V ;,-ipina, 11.-Villere visi 1. - pw, sc� cdulc ',.O Y'viL,-h ar�lv- Tana stroln� 000038 ATTACHMENT From: Y- ELECTRIC P.O. BOX 1610 BASALT, CO 81621 TO; Glen Horn AICP 215 S. Monarch Suite 104 ASPEN, CO 81611 970 925 -6587 Telephone 970 925 -5180 Fax REFERENCE: Bryan Edgington Double K Ranches 144 Horseshoe Drive Basalt, CO 81621 Dear Glen: This letter is in reference to the property located at 144 Horseshoe Drive, Basalt, CO, in which the property owner is Bryan Edgington. Bryan Edgington requested our service for a cursory walk -thru of his ADU at 144 Horseshoe Drive to provide you with this information. This walk -thru was a visual inspection only, of the existing electrical system at this residence. The electrical system looks to be based on the 2002 Electrical Code, Arch Fault Breakers exist in the electrical panel for the bedroom circuits, ground fault protection devices are installed in the kitchen area. There is a existing 200 AMP. single phase electrical service providing service to this building. The service grounding and bonding of this service visually looks complete. On this walk -thru I never saw any out standing problems with the electrical system at this residence, it appears to be in good working condition. This inspection was on a visual bases only and not to be construed as a breakdown inspection. The said visual inspection in no way holds Y- ELECTRIC responsible or legally liable for the existing wiring and conditions of the existing electrical system at this residence. Randy Held 000039 PO Box 2844 Glenwood Springs, CO 81602 Ph 970 -618 -5033 Fax 303- 216.2796 January 24, 2012 Brian Edgington 1'0 Box 1843 Rifle, CO 81650 ? Subsurface Investigation and Percolation Report 144 Horseshoe Drive, Emma Pitkin County, Colorado Brian, ATTACHMENT I3 Project No. 1928 ALL SERVICE septic, LLC, performed a subsurface investigation and percolation test for the subject property, on January 11 `h 2012. The test was performed in accordance with Pitkin County Regulations. EXISTING CONDITIONS AND STRUCTURES The subject property is located in a residential area where Onsite Wastewater Systems (OWS) and wells are necessary. There are several structures existing at the property. There is an existing OWS which has, in the past, experienced problems. The slope at the area of the percolation holes is relatively flat, and vegetation consists of a native grasses. SUBSURFACE CONDITIONS AND CONCLUSIONS The subsurface was investigated by digging one profile pit and three percolation holes, at the locations indicated on Figure 1. The materials in the profile hole consisted of 8 feet of sandy clay with lenses of sand and cobbles. Groundwater or bedrock was not encountered. Percolation rates ranged from 40 minutes per inch (MPI) to 20 MPI, with an average rate of 29 MPI. A shallow (2 feet) drain field installation is preferred. LIMITS: Results are based on field investigations and data provided by the client. If soil conditions encountered are different from conditions described in report, ALL SERVICE septic, LLC should be notified 000040 Please call with questions. ALL SER %VICE septic, LC V Timothy R. Petz 3 copies UUUU41 Onsite Wastewater Systems Page 2 �ZC:,vi --,wed I3y: Richard H. Petz,��4 `. o - LO o 0 U') u I Z N LO (0 v O I I/ r /U r� W CL 1 � F- oW 1 (n fn 2 Ir1 \ 1 N CL ' Y 0 0, LU°) W O_ �O Z) 0 (L =i 00004' 2 s 1 1 LLJ W \\/ ❑ ,a LLJ r w W \, x [Y r NORSESH� W J O I1_, Z O 1- - Q J O O rr W a_ C) Z Q Z Q J a_ W I— (n O r> a r: NI N L Cn U O a N :2 N U a E :3 0 o O Z = U v C v c o CL !Z w N O O c) O (`0 O O U M Cl) O O �p LQ p) d� N oo cn N -O O N mO N M CD C C Cl) Q N 0 X s: a� en Mumma a- 00 C= �� I/ r /U r� O r> a r: NI N L Cn U O a N :2 N U a E :3 0 o O Z = U v C v c o CL !Z w N O O c) O (`0 O O U M Cl) O O �p LQ p) d� N oo cn N -O O N mO N M CD C C Cl) Q N 0 X s: a� en Mumma a- 00 C= �� O" 0 N" w o w� Q F5 w Q U Q U Z_ Q I- Z 0 Ln L O Z ~O O H :2 LL Z) w O LL cn -- W z ~ F O U) CO O J LLI LL J ca LLI Q Q U a Z z (1) N LU U) Z 2 - Z U Q p 0 Y m a Q o rn -i LLJ Q d O co J D9 U N oU a� Lu m > C-- J Z a CO a> c E LL 0Z ZV p Z 0 Of a '7 ' 0 o (D O= F- H ' C v -S Y O p Q O � Z -2 a a z< NO o W LL z w J O W O N M It LO c0 f- CO O J Lj- IOf 1333 - H1d30 a N N O r co O a (LO O O U M Cl) O O (p Lo O Q- N 00 U O CNJ CD m 0 N N O C+j 3 ° C C M O L N a:5aLL v c C= en GO -� � PITKIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT Percolation Test and Soils Data Form - TABLE 1 - PROJECT 1928 Performed by All Service Septic, LLC PROFILE PIT Date of Test: 1/11/2012 0 - 8.0' Clay, Sandy, Stiff, with Sandy Layers and Cobbles, 1ft Diam. Moist, Tan Brown, Red No Groundwater or Bedrock was Encountered Hole No. Hole Depth (in.) Interval (min.) Measurement at Start of Interval (in.) Measurement at End of Interval (in.) Change (in.) Percolation Rate (min. /in.) MPI 1 40 20 1.75 3.25 1.50 3.50 4.50 1.00 20 3.25 4.00 0.75 20 5.50 6.50 20 4.00 4.50 0.50 20 4.50 5.00 0.50 20 5.00 5.50 0.50 40 20 5.50 6.50 1.00 2 38 20 2.25 4.00 1.75 20 4.00 4.75 0.75 20 4.75 5.75 1.00 20 5.75 6.75 1.00 fill 20 3.00 4.25 1.25 20 4.25 5.00 0.75 27 3 40 20 2.00 4.00 2.00 20 4.00 6.00 2.00 20 6.00 dry fill 20 3.50 4.50 1.00 20 4.50 5.50 1.00 20 5.50 6.50 1.00 20 00004' 4 AVG = 29 MPI ATTACHMENT" " 4 CAROL NEMIEC DOUBLE K RANCH WATER ASSOCIATION 455 HORSE SHOE DRIVE BASALT, CO 81621 June 14, 2012 Glenn Horn Davis Horn Incorporated 215 South Monarch Street Aspen, Colorado 81611 Re: Legal Water Supply for Caretaker Dwelling Units Dear Glenn: Based on all available information, Double K Water Association and its officers are authorized to represent to Pitkin County that the Association has sufficient quantity and quality of water for caretaker units and all other residential uses permitted by the bylaws and applicable Codes on each of the 19 lots in the subdivision, and to take such steps as may be required to furnish sufficient water to all 19 lot assessed equally to its members, including eventual replacement of the water system. Please let me know if you need any additional information. Sincerely, �Onk I�A� (��C._. Carol Nemiec Secretary Treasurer Double K Water Association 000045 C-) CD C "') C) - V� a � n ti Q ° ✓ O i — Z o - -- / 1 _ o i - - c I fD 1 a Oil / poM B1l , d ® I / / 1 _maz�am;;e fD II o 1 CL ro ZD a'co00 / Nog 1 CD =a RO / 1 vi 3 c A c o � / T a i � 3 0 1 �CD 7 / o / O / o a x o T S s n S N a r r G S D D °� a °a ' 2 ol 3 - �/� 0 / I a o n o O ti E N / o / a P i a � M e CD CD r CD eat � N O° °p II N m Vl N L ..a CN N O Q r iTd i M rr Z PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Lance Clarke PHONE: (970) 920 -5452 LOCATION: 144 Horseshoe Drive, Lot 3 Double K Ranches APPLICANT: Bryan Edgington REPRESENTATIVE: Glenn Horn ATTACHMENT 110 DATE: 3/28/12 E -MAIL: lancecCcDco.pitkin.co.us PID# 246513201005 EMAIL: ghorn cDrof.net PHONE: 925 -6587, 970 - 216 -1725 (Bryan) Type of Application: Special Review for Caretaker Dwelling Unit, Activity Envelope /Site Plan Review Description of Project/Development: The Applicant proposes to "legitimize" an existing caretaker dwelling unit in an unpermitted accessory structure. Site Plan Review will be required to establish an envelope for the unit and other development on the property. If any approval is obtained a building permit will be required for the structure /CDU. Land Use Code Sections to be addressed in letter of request (application): ■ Sec. 2- 30- 30(h): Special Review criteria for caretaker dwelling unit ■ Sec. 4- 30- 50(e)(1)(2): Caretaker Dwelling Unit ■ Sec. 6- 30- 40(c): GMQS Exemption for CDU ■ Sec. 7- 10 -50: Site Plan and Activity Envelope; u. ■ Sec. 7- 20 -10: Site Preparation and Grading (include tree survey and mitigation proposal); ■ Sec. 7- 20 -20: Steep and Potentially Unstable Slopes (don't need to show topo); _ ■ Sec. 7- 20 -30: Water Courses and Drainage; ■ Sec. 7- 20 -40: Floodplain Hazards; ■ Sec. 7- 20 -50: Geologic Hazards;,.. ■ Sec. 7- 20 -60: Wildfire Hazards; ■ Sec. 7- 20 -80: River and Stream Corridors and Wetlands; ■ Sec. 7 -20 -130: Landscaping and Vegetation Protection; ■ Sec. 7 -20 -140: Lighting; - ■ Sec. 7 -30: Roads, Driveways and ■ Sec. 7- 50 -20: Water Supply; - ■ Sec. 7- 50 -30: Sewage Treatment and Collection. Review by: Community Development Director Public Hearing: NO. However, notice is required via posting, mailing and publication. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all owners within 300' of the property and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. Staff will refer the application to the following agencies: Double K Ranches HOA, EHD, Housing, ,,,ulA FEES: $3,024 (make check payable to " Pitkin County Treasurer ") • $2,496 Planning Office flat fee (non - refundable; based on 8 hours of staff time. If staff review time exceeds 9.6 hours, the Applicant will be charged for additional time above 8' hours at a rate of $312 1hour) ■ $179 Housing ■ $54 Public Notice Fee 0lJ%U47 ■ $25 Clerk Technology Fee ■ $270 EHD To apply, submit 2 copies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above; 2. Site plan & floor plans showing location of proposed CDU; 3. Site plan /activity envelope submittal requirements 4. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 5. Street address (if any) and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County; 6. Consent from the owner of the property for the representative to process the application and represent the owner; 7. List of all property owners within 300' and mineral estate owners (1 copy). 8. Total fee for review of the application; 9. Signed fee agreement (1 copy); 10. Copy of this preapp form (1 copy) NOTES: PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED. 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 staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. The Land Use Code is available on -line at http://www.aspenpitkin.com /Departments /County -Code/ The Land Use Application manual is available on -line at http: / /www.aspenpitkin.comI Portals /0/docs /county /Com %2ODev /Planning /land use application_man ual.pdf ➢ Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2 -20 -100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. i��VU48 ATTACHMENT I1 Documentary Fee $ 62.50 WARRANTY DEED THIS DEED, made December 12, 2011 , Between DIANA HAUNER of the County of Los Angeles , State of CA, GRANTOR, AND BRYAN PHILLIP EDGINGTON, GRANTEE whose legal address is: PO BOX 1843, RIFLE, CO 81650 of the County of Pitkin , State of CO WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of Pitkin, State of COLORADO, described as follows: LOT 3, DOUBLE K RANCHES, According to the Plat thereof recorded August 3, 1965 in Plat Book 3 at Page 35. TOGETHER WITH any water rights appurtenant to or historically used in connection with subject property. Which water rights, however, are being conveyed without warranty. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for hers, hers heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, hers is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed SIGNATURES ON PAGE 2 U00i49 SIGNATURE PAGE TO WARRANTY DEED PAGE 2 IANA HAUN R STATE OF CAI-Icyo"C' ) COUNTY OF LOS ss The foregoing instrument was acknowledged before me this Lls day of 201 by DIANA HAUNER. WITNESS my hand and official seal MY commission expires: B6327W N ary P is DAVIO MERZIAN Commission # 1941530 ,Notary Public - California z Los Angeles County M Comm. Expires Jun 19. 2015 ATTACHMENT 144 Bryan Edgington PO Box 1843 Rifle, Colorado 81650 970 945 9520 June 12, 2012 Lance Clarke AICP Pitkin County Community Development Department 130 South Galena Street Aspen, CO. 81611 Re: Authorization to Represent for the Bryan Edgington Dear Lance: I authorize Davis Horn Incorporated to prepare a land use application for an Activity Envelope /Site Plan Review and Caretaker Dwelling Unit for my property located at 144 Horseshoe Drive. I also authorize Davis Horn Inc. to represent me in the land use review process. Should you have any questions or concerns, please call Glenn Horn or Alice Davis at 970 925 -6587 at 215 South Monarch Street Suite 104 in Aspen, CO 81611. Thank you. Sincerely Bryan Edgington PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES Scn PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: ATTACHMENT t4I 1. APPLICANT has submitted to COUNTY an application for A(::--,r-t `J 'T:l I%. - iA k-- L 1!) J (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. 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. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of a plication completeness, APPLICANT shall pay a base fee in the amount of � which is based on hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben Community Development Director Effective 1/26/10 G:county \admin \forms \agreement to pay 00G052 c v, :E Pr i a Signa ure Date: 6 1 1-11 -2- Mailing Address: � 1�5 AFiment- 20 PROPERTY OWNERS WITHIN 300 FEET OF THE BRYAN P. EDGINGTON PROPERTY 144 Horseshoe Lane Basalt, CO 81621 2465 132 00014 Grace Church of the Roaring Fork Valley 1776 Emma Road Basalt, CO 81621 2465 132 00014 Pitkin County 536 East Main Street Aspen, CO. 81611 R0021267 Lee Ingram Schwaller P.O. Box 280 Basalt CO. 81621 (1796 Emma Road) 2465 123 00800 R007288 Katherine and Preston Files 86 Horseshoe Drive Basalt CO. 81621 2465 132 01 004 R007185 Michael W. Conners 172 Horseshoe Drive Basalt, CO. 81621 2465 132 01 0008 8007096 James F. and Amy T. Fells 210 Horseshoe Drive Basalt, CO. 81621 2465 132 01 007 R007105 Z_achery J. and Gina Johnson I Icinrich 209 horseshoe Drive Basalt, CO. 81621 2465 132 01 006 8007024 OU0053 Zachery J. and Gina Johnson Heinrich 209 Horseshoe Drive Basalt, CO. 81621 2465 132 01 006 8007024 Steven Eugene Layne 3445 Wilcox Road Lihue, HI. 96766 (93 Horseshoe Drive) 2465 132 00 0026 R007163 Richard Bird P. O. Box 668 Basalt, CO. 81621 (199 East Sopris Creek Road) 2465 132 00 026 R007256 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 July 6, 2012 Glenn Horn 215 South Monarch Street, Suite 104 Aspen, CO 81611 ghom @rof.net Re: Edgington Special Review for a Caretaker Dwelling Unit, Activity Envelope and Site Plan Review (PID #2465 - 132 -01 -005; Case# P059 -12) Dear Mr. Horn: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. 1 , Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300' of the subject property with the return address of the Community Development Department (copy of notice will be emailed to you by the Community Development Department) by July 19, 2012. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by August 20, 2012. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 3`d day of August, 2012, which is at least fifteen (15) days prior to August 19, 2012. This must be submitted prior to any approvals being granted. If you have questions, please call Lance Clarke, the planner assigned to your case, at 920 -5452. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2 -20 -100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX4 (970) 920 -5439 MEMORANDUM To: Pitkin County Housing Double K Ranches Homeowners Association Emma Caucus FROM: Lance Clarke, Community Development Department Lance.clarkeLa)co.pitkin.co.us Re: Edgington Special Review for a Caretaker Dwelling Unit, Activity Envelope and Site Plan Review (PID 2465- 132 -01 -005; Case P059 -12) DATE: July 6, 2012 Attached for your review and comments are materials for an application submitted by Bryan Edgington. The Pitkin County Community Development Director will review the application. Please return your comments to me by Monday, August 20, 2012. htt-o / /www aspenpitkin com/ Portals /0 /docs /county /Com %20Dev /Planning /Land Use Ap plications /P059 12 app.pdf Thank you. PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00032680 Name: Bryan P Edgington Project Address: 144 HORSESHOE DR Type: check # 4084 Permit Number Fee Description Date:6/18/2012 Amount 0059.2012.PLAN PP- Flat Fee 2,496.00 0059.2012.PLAN PP- Clerk Tech Fee 25.00 0059.2012.PLAN PP- Public Notice Fee 54.00 0059.2012.PLAN PP- EH &NR Referral Fee 270.00 0059.2012.PLAN PP- Housing Referral Fee 179.00 Total: 3,024.00 ;unowb :a ;eQ jdieoeM I!WJGd 1N3WdO13A3a A11Nf1WWOD A1NnO3 NIN11d aagwnN;IwJad :edA_L :ssaappd;oafOJd :aweN