HomeMy WebLinkAboutbocc.min.reg.09112012 i � .
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PITKIN COUNTY COMMISSIONERS -
REGULAR MEEI'ING AGENDA
Plaza One Conference Room `
WEDNFSDAY.SEP'CEMBER ]1. 199f � - . '�
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3:30 PM ADDITIONS/DELET'[ONS TO AGENDA
CONSENT AGENDA
Minutes of Previous Meetings
Motion to Approve Appointment of Annie Hite as Eagte County Representative to the
$asalt Library Board, Suzanne Konchan �
Resolution Appointing Kathleen Rutherford to the Clean Air Board, Suzanne ,
Konchan
Chitty RO Amendment, John Ely
ADMINISTRATIVE ACI'iONS
ADMIrTISTRATIVE PUBLTC HEARTNGS
1. Aspen Elk Mountain I.odge lnc. Tavern License, Ar�gela Rishel
;,il�� 2. 2nd Reading, Bandit Trail Easements, Jane Ellen Hamilton
? :�b (Sta.'f requests tahling until Sept 25)
- BREAK �'�. . Se,�-r��. ini�+ufls 4f P��l�
S:QO PM I.ocation: District Courtroom
PUBLIC COMMENT
OOMMISSIONER COMI��NTS
PROCLAMATIONS �
CONSENT AGENDA
CONSENT PLIBLIC HEARINGS
�1�� 3. Reece 1041 Hazard Review and Caretaker Dwelling Unit,Lance Clarke (PN 8/10/96)
�jr-ti Qrr��4. �,P iffer Lot Line Adjustment&Road Vacation, lst Reading,Lance Clarke(PN 8/10/96)
/��sc wr�i�e�! ghield Extension of Vested Rights (cont. from 6/26),Suzanne Wolff(PN 12/9/95)
O�n',,%
�r�,J�I LA.ND USE AGENDA
LAND USE PUBLIC HEARINGS
��"ti- 6. Griffiths 1041 Hazard Review& General Submission, Rick Magill (PN 8/10/96)
,gr-r-r�; 7. Raphaelson Caretaker Dwelling Unit, Iance Clarke (PN 8/10/96) •
C�.,,��.i� 8. Jaffee/Prince Creek (cont. from 7/10), Ellen Sassano (PN 6/8/96)
LAND USE ACI'IONS
9. Kamins Special Review, Ellen Sassano (to be cont, to 10/23}
9:00 PM ADJOURN
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MINUTES
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PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS '
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REGULAR MEETING
SEPTEMBER 11,1996
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CALL TO ORDER:Chairman True called the meeting to order at 3:40 p.m.in the Plaza ,
One BOCC Board Room. .
COMMISSIONER MEMBERS PRF.SENT: Commissioners James True, Bill Tuite, �
George Krawzoff,Mick Ireland and Leslie Lamont. �
ADDITIONS TO THE CONSENT ADMINISTRATIVE A("TION AGENDAS:
Commissioner True stated there is a revised agenda before them. .
The first addition is a Resolution Appointing Kathleen Rutherford to the Clean Air
- Advisory Board to the Consent Agenda. The second addition would be to add the
Resolution Authorizing the Release of the Snowmass Trust Subdivision Parcel B Deed
Restriction (Chitty and Dixon Resident Occupied Amendment) to the Administrative
Action agenda. ;;�
Commissioner Ireland moved to add the Resolution Appointing Kathleen
Rutherford to the Consent Agenda. With a second by Commissioner Tuite, the
motion passed unanimously.
Commissioner Ireland moved to add the Resolution Authorizing the Release of the
Snowmass Trust Subdivision Parcel B Deed Restriction Aated June 23, 1995 to the
Administrative Actions Agenda.With a second by Commissioner Tuite,the motion
passed unanimously.
CONSENT AGENDA-MOTTON TO APPROVE:
APPROVING MINUTES OF JANUARY 17.1996.
MOTION TO APPROVE APPOINTMENT OF ANNIE HITE AS EAGLE
COUNTY REPRESENTATIVE TO THE BASALT LIBRARY BOARD
RESOLUTION APPOINTING KATHLEEN RUTFIERFORD TO THE CLEAN
AIIi ADVISORY BOARD
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BOARD OF COUNTY COMMISS[ONERS 1 SEPTEMBER 11,1996
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Commissioncr Ircland moved to �pprove thc Consent Agenda. With a second by '
Commissioner Tuite,thc motion passed ananimously. '"
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ADMiNISTRATIVE ACTIONS: �''.-,r
FIRST READING: RE50LUTION AUTHORiZING THE RELEASE OF THE
SNOWMASS TRUST SUSDIVISiON PARCEL B DEED RESTRICTION DATED
JUNE 23,1995(CHITTY AND DiXON RESIDENT OCCUPIED AMENDMENTI �
Commissioner trcland moved to approve the Snowmass Trust Resolution on �rst
reading and set for second reading on September 25, 1996. With a second by '
Commissioncr Tuite,thc motion p�ssed unanimously. "
ADMINISTRATIVE PUBLIC HEARINGS: -
ASPEN ELK MOUNTAIN LODGE INC. DB/A ASPEN ELK MOUNTAIN
LODGE TAVERIV LICENSE - Chairman True stated petitions were circulated on
behalf of Elk Mountain Lodge.
Angela Rishel said all necessary documents have been submitted. All referrals have been ;
completed satisfactorily,along with the background check. Staff recommends approval of
• the license pending the clearing of the fingerprints from the Colorado Bureau of
Investigations.
Commissioner Ireland clarified the tavem license wi([ be limited by agreement of the
owner for the use of particular limited events. It is not a general tavem operation. ��
Commissioner Ireland proposed that the Board make a finding there is a demonstrated
need in the neighborhood for the tavern license with the conditions imposed by the prior
approval.
Commissioner Ireland moved to find that there is a demonstrated need in the
neighborhood for a tivern license iimited by[he prior approvals and permits that
have been issued. With a second by Commissioner Tuite, the motion passed
unanimausly.
There was no public comment concerning this item.
Commissioner Ireland moved to:►pprove the liquor Iicense subject to the conditions
of the prior lpproval for the land use. With a second by Commissioner Tuite,the ,
motion p:tssed unanimously.
SECOND READING: EAST OF ASPEN PHASE II/BANDIT TRAIL -
CONVEYANCE OF TRAIL EASEMENTS - MOTION TO TABLE TO
SEPTEMBER 25, 1996 - Jane Ellen Hamilton requested tabling this item until
September 25, 1996.
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BOAT2D OF COUNTY COMMISSIONERS 2 SEPTEMBER 11,1996
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No public comment was made for this item. �"
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Commissioner L�mont moved to table this item unti{ September 25, 1996 at 3:30
p.m. With a second by Commissioncr Tuite,the motion passed un�nimously,
Commissioner Ireland stated the Board will not be able to release any information to the
Press today regarding W!J Ranch issues. I-Ie stated they will have an executive meeting ;Y
and then inform the Press when they will be able to release the information. , .
Co�nmissioner Tuitc moved to go into executive session to obtain legal advice on the .
W/J R:rnch and to discuss County personnet. With a second by Commissioner �
Lamont,the motion passed u�ianimously.
The meeting reconvened in the County Courthouse Courtroom at 5:10 p.m.
PUBLIC COMMENT: None. ;r
COMMISSIONER COMMENT5: Commissioner Tuite stated the Boud had an
executive session regarding the a(legations made on W!J Ranch approvais. Staff is still '
investigating some of the facts involved in this before they can release any information to I
the Press and the public. The Board hopes to have a response by next week. Tomorrow
they will issue a Press release on the status of some of the findings and what the Board �
intends to do,should there be any problems. z;
Commissioner True informed the public that the Maroon Creek Pedestrian Bridge will be ,�
closed to pedestrian and bicycle traffic beginning 8:00 a.m. on September 16, 1996
through 8:Q0 a.m. September 21, 1946 for minor repairs to the bridge deck wearing
surface. �},
Commissioner True received a citizen complaint regarding activity on the racetrack down
in the Woody Creek area. Lance Clarke stated Francis Krizmanich infoaned him the issue
has already been addressed and the racetrack was red tagged last night.
PROCLAMATIONS: None.
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CONSENT AGENDA: Cindy Houben stated Staff woutd like to remove the Shield item
from the consent agenda and move it to the first land use public hearing item. r •
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CONSENT PUBLIC HEARINGS: ��
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RESOLUTION GRANTING APPROVAL OF THE REECE 1041 HAZARD f��,
REVIEW, GENERAL SUBMTSSION. AND CARETAKER DWELLING UNIT - ��.
MOTION TO APPROVE - Lance Ctarke, County Planner, stated with the consent
agenda,when the applicant and the Staff are in a�reement and they know that there is not i
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BOARD OF COUNTY COMMISSIONERS 3 SEPTEMBER il,]99G
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a citizen's group that has any opposition and there is no public in opposition, the Board
will be able to take action without going through the full presentation. `'>
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This applicant requests approval for construction of a single family residence and a ,, �, ,
detached caretaker unit on a 41-acre parcel in the Crystal River Valley.
FIRST READIIVG: ORbINANCE GRANTING APPROVAL OF THE
VACATION OF A PORTfON OF COUNTRY CLUB DR1VE(FOR PIFFER)AND
RESOLUTION GRANTING APPROVAL FOR A LOT LINE ADJUSTMENT IN ,.�
THE CRYSTAL RIVER PARK SUBDIVISION(PIFFER) -MOTION TO
APPROVE- This applicant requests approval of a subdivision exemption for a lot line .
adjustment among several lots in the Crystal River Park Subdivision,pursuant to Section ,
1-190.30 ofthe Land Use Code. Also requested is the vacation ofa platted roadway
• between and adjacent to the lots in question.
No public comment was had for the above items.
Commissioner Lamont moved to approve the consent agenda for the Reece 1041
Hazard Review and CTretaker Dwelling Unit and the Piffer Lot Line Adjustment
and first reading of the road vacation and setting a second reading for the road
vacation ordinance to.September 25, 1996 at 5:00 p.m. With a second by
Commissioner Tuite,the motion p�ssed unanimously.
LAND USE AGENDA:
LAND USE PUBLIC HEARINGS:
� RESOLUTION GRANTING EXTENSION OF VESTED REAL PROPERTY
RIGHTS FOR THE SHIELD PROPERTY - MOTION TO APPROVE WITH
AMENDMENTS -Suzanne Wolf presented the issues as outlined in her Agenda Item
Summary dated September 11, 1996. A copy of this Summary is made a part of the
record and attached hereto as Exhibit"A:' Staffrecommends approval. Staffdoes not
recommend changin�the envelope. Condition No. 1 of the Resolution would be removed
which requires changing the envelope. The envelope was not moved because there wil!be
further analysis done and because engineering mitigation wil(be done for the house.
Tim Whitsitt,sitting in for Marty Pickett,who represents the applicant,stated he is in full
agreement with Sta#E Art Mears and Ieffrey Hynes looked at the building envefope two
times now. It is a safe and adeguate envelope. The envelope is not directly in a hazard •
area. It is in the vicinity of some potentially hazardous situations. Under the Code,the
Board is entitled to go forward without requiring mitigation. The geologists have said
they would like to look at whera the structure is and recommend some mitigation for this
to insure that there wil] not be a debris flow problem at the time the building pians are
submitted.
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BOARD OF COTJNTY COMMISSIONERS d SEPTEMBER 11,199G
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No public comment was made for this item. ''
Commissioner Krawzoff'moved to lpprovc the Resolution Granting Extension of �.
Vested Real Property Rights for the Shield Property pursaant to StafPs
recommendation of lelving the envelope where it is. Commissianer Ireland �'' •
seconded the motion.
Commissioner Lamont suggested adding to Condition No. 5 that the mitigation plan shalt
be reviewed and approved by the Community Development Department. Applicant has no
objection to this requirement.
Staff recommends that Condition No. 1 be removed because they are not moving the - �
envelope. •
The addition to Condition No. 5 (which will be paragraph 4 after the deletion of
paragraph 1) requiring the mitigation plan be reviewed and approved by the
Geologic Survey �nd the Community Development Department, if there is
mitigation,is acceptable to the maker oF the motion and Commissioner Ireland,who
seconded the motion. The motion passed unanimously.
RESOLUTION GRANTING APPROVAL OF THE GRIFFITHS 1041 AAZARD
REVIEW AND GENERAL SUBM[SSION - MOTION TO AENY AND SET A
TAKINGS HEARING-Rick Magill presented the issues as outlined in his September
i l, 1996 Memorandum. A copy of the Memorandum is attached hereto as Exhibit"B."
With regard to the short duration of slope in excess of 30 percent(less than 100 feet),Mr.
Magill stated in the old Code,the determination of 30 percent slopes or more was based �
on a duration of 100 feet. Francis Krizmanich, County Planner, removed the language
when he revised the Code because ii was being used against the Covnty, in some
situations,by applicants and developers. In Mr.Krizmanich's estimation, it allows us the
ability to interpret a little further.
Commissioner True said he would]ike to look at a Code amendment regarding this issue.
He suggested a change which would allow the Board to consider the duration of the
fength of a road crossing a 3d percent sfope.
Cindy Houben stated Rick Magill has taken a look at the site and realizes there really are
not any other altematives for access on this property.She said because it is a short section
of road and is a man-made section of 30 percent slopes, Staff does not feel there is any
additional disturbance so therefore the intent of the Code is really being upheld in terms of
disturbance to natural slopes. '
Alan Richman commented most any code he works with around the State or elsewhere in
the West, when they deal with the definition of slope, it does talk about slope over a
certain duration.
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BOARD OF COUNTY COMMISSIONERS 5 SEPTEMBER 11,199G
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A discussion ensued regarding slope averages. ; -
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Commissioner Krawzoff remarked the slope was not a naturally occurring slope so the � . �'�
Code shou(d not be read strictly. ' _�
Commissioner Lamont would like to see the Code change and have boYh man-made and
natura(slopes addressed.
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Commissioner True said duration of the crossing across the slope should also be
addressed. "''
Commissioner True stated at this point they can go fonvard with the apptication and �
foltow the Staff's recommendation,which he is not inclined to do. Another option would �
be to deny this application and send it into a takings procedure,or it can be tracked with
some potential Code amendment.
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Appiicant wants the application expedited.
Suzanne IConchan su�ested moving forward with the application and then change the �
Code. She atso suggested the most expeditious route would be a denial and then a
� rehearing be done by the$oard under a takings situatian. The takings could be resolved
in a month, At the same time,a Code amendment can be worked oa
Commissioner Krawzoff felt this was not a good way to handle the application,
Suzanne Konchan stated there are methods in the Land [Jse Code and they have to be �`
- followed. The Code's goal is to prohibit developmenY on 30 percent siopes.
Commissioner Tuite would like to see an amendment to the Code done and do a takings
on this application.
Commissioner Krawzoff feels allowing this driveway does not create a hazard.
Commissioners Ireland and Lamont also feel the Code needs to be changed.
It was proposed to do a takings in writing on this application and then have the Boazd's
action done on a consent agenda for Septem6er 25, t996. The applicant agreed to this
process.
Suzanne Konchan stated the Board should address any other outstanding issues or
questions at this time.
Commissioner True commercted he wants to add a condition regarding beaz damages. The
condition would state applicants woufd waive damages that can be claimed against fhe
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BOARD OF COT7NTY COMMISSIONERS 6 $EPTEMBER 11,199G
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Department of Wildlife for conduct by bears (like the condition in the Harris/Bent `
application). �•
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Commissioner Tuite movcd to add a condition regarding bear damage to be phrased
like the Harris/Ben �pplication condition on bear damage. With a second by
Commissioner Ireland,the motion passed unanimously.
This is to be applied to the conditions after the takings hearing.
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No public comment was had for this item. '
Commissioncr Ireland moved to have applicants agree for a denial on this �
application and set for a takings hearing on September 25, 1996 with the condition
that the Board receives a dem�nd Ietter for a takings hearing by the applicant priar
to that time. With a second by Commissioner Tuite, the motion passed with
Commissioners Ireland, Tuite, Lamont 1nd True voting for the motion and
Commissioner Krawzoff voting against the motion. i,•
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RESOLUTION GRANTING APPROVAL OF THE RAPHAELSON CARETAKER �
DWELLING UNIT-MOTION TO APPROVE- Lance Clarke presented the issues as !
outlined in his September 1 l, 199G Memorandum. A copy of the Memorandum is made a ��
_ part of the record and attached hereto as Ezhibit"C." (
Commissioner Lamont asked what are the deed restrictions for a caretaker unit? Lance �
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Clarke responded a caretaker unit has to be limited to 700 square feet livable space and -
then is not deed restricted. It can have someone in it who meets income and occupancy
guidelines. A caretaker unit can be used as a guest house. It does not have to be rented at
all. If the unit was rented, it would have to be rented to a working resident in Pitkin
County and could not be rented for less than six months. It cannot be condominiumized �?
or sofd. It cannot be occupied by more than two adults and related children who qualify
as employees of the community. It can be occupied by members of the immediate family. �
Non-family guests are not allowed.
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Michael Gassman, architect of the applicants, said the intent of this unit is a caretaker
dwelling unit. Mr.Gassman has designed the unit to be 818 square feet, 118 feet over the ``
limit. He feels he should be allowed the extra square footage to make the unit a more �
livable unit and because there is no garage adding extra square footage. He also made the �,
argument that in the original regulations, 700 squa�e feet came from Affordable Housing �
sizes. He feels this was a minimum standard. He stated physical impact would be zero. '
The site is completely secluded. Also, the actual house is the smal(est house in the ��.
subdivision. t�c
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Commissioner Lamont stated her understanding of the caretaker unit provision is just that. �
It is to provide a living space for caretakers. It is a single family parcel and zone. It was '
never intended to be the panacea for affordable housing problems. �j i �
BOARD OF COUNTY COMMISSIONERS 7 SEPTEMBER 11,799G '��
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No public comment was made for this item. ; :�,
Commissioner Ireland moved to approve the resolution for the Raphaelson � '_
Caretaker unit with 700 square fect of net livable floor area. With n second by �- �
Commissioner Krawzoff',the motion passed unanimously. �'
LAND USE ACTLONS:
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RESOLUTION GRANTING APPROVAL TO THE KAMINS CARETAKER '�.;"
DWELLING UNIT AND SPECIAL REVIEW FOR MORE THAN FIVE h: _ -
BEDROOMS - MOTION TO TABLE TO OCTOBER 23, 1496 - Ellen Sassano !i .
stated WiUiam Lukes represents the Kamins. The Board last reviewed this application on ��
May 8, 1996. At that time,the applicants requested detached bedrooms in an outbuilding ;;
which did not comply with the applicable provisions of the Land Use Code. The Board ;:,�
offered the applicant the option of accepting a denial because oF the non-comp(iance or n
tabling to a date to allow modifications to be made to Yhe application. Since then, the
applicants have revised the application. It now conforms to provisions of the Land Use �', .,�
Code. What they are looking at now instead oE additional bedrooms in a detached ';;
outbuilding, the applicant is requesting special review approval for more than five •�
bedrooms but the bedrooms will be contained within the principal residence. The principal �
residenee will be enlarged and remodeled to accommodate two extra bedrooms. In i
addition,the applicant is requesting approva(for a detached caretaker dwelling unit in an
out building. The existing barn structure will be demolished and a new 2,000 square foot
structure will be built to accommodate a three-car garage,a caretaker dwelling unit,some
storage space and utility space.
This application has been submitted to the Starwood Homeowners' Association and they
' have said thisis an acceptable plan. t
The special review public hearing has been set for October 23, 199b. This application
meets all special review criteria.
Commissioncr Ireland moved to move forward with the public hearing and set it for
October 23, 1996. With a second by Commissioner Krawzoff, the motion passed
� unanimously. ��
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Commissioner Ireland expressed an interest in doing a Code amendment that would allow
people to build guest houses if they competed, like any other lodgin� unit or on some .� •
� grounds like that. Mr.Lukes has made the Starwood Homeowners'Association aware of
this proposaL ���
A short break was iaken at 6:50 p.m. The meeting reconvened at 7:08 p.m. ��
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LAND USE PUBLIC HEARINGS(continucdl: t
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BOARD OF COUNTY COMMISSIONERS 8 SEPTEMBER 11,199G ;�
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RE50LUTION GRANTING 104t HAZARD REVIEW AND GENERAL ` �,,
SUBMISSION APPROVAL TO THE BAYER/HUCK APPLICATION {F/K/A '
JAFFEE/PRiNCE CREEKI- MOTION TO APPROVE WITH AMENDMENTS- � '•
Ellen Sassano presented the issues as outlined in her September 11, 1996 Agenda Item
Summary. The Summary is made a part of ihe record and attached hereto as Exhibit
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Commissioner True asked the wildtife experts if there were no house existin�ri�ht now, ` � �
where would they recommend a house be built? �
Kevin Wright, with the Department of Wildlife, said if there was nothing there at all, it •
would be best located down below on the lowest building site. Mike Villa, the County
Witdlife Siologist,agreed wi[h Kevin Wright.
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Commissioner True gave the scenario of now there is a building there,what would their
opinion be?
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Mr, Wright responded in his opinion, there is not a significant gain by demolition and
moving the house to the lower site. The lower site is sagebrush. They would be losing `
- more.winter ran�e habitaY area, which is important for mule deer. The mule deer
poputation in this valley is fairly stressed. Atso, the lower site would be disturbed and
then the upper site would have to try to be reclaimed. He doubts it can be reclaimed back
to the condition it was prior to that. Mike Villa agrees with Kevin Wright. He said
noxious weeds would probably take over the upper site because of the lack of water in
that area. The other plants would have a hard time revegetating. !� ^
Kevin Wright said for further development,an attached�ara�e woutd not impact wildlife
much more. Activity would be confined within the building rather than outside. Human
form is more intrusive to wildlife than cars. He does not want to see other deYached
buildings built on the site. All expansion should be done towards the west por[ion of the
site because there is already a disturbed pad of dirt there.
Applicants are not proposing a caretaker unit now.
Mr. Wright stated elk l�abituate better to human disturbance than deer. Elk would
probably be found on the upper portion of the property and deer would be found on the
lower portions of the property.
Commissioner Krawzoff asked if the height issue has been resol�ed? Ms. Sassano said it
has not been resolved yet. It is one of the zoning violations which must be resolved. Ms.
Sassano explained a change can be made to the existing grade to bring the building into
compliance with height standards. The building is 14 inches over the allowable height.
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BOARD OF COUNTY COMMISSIONERS 9 SEPTEMBER 11,1996
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Commissioner Krawzoff expressed a concern in approving this appfication because of the '�.
message that wi!!be seni to the community. . �`�
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Cindy Houben responded she strongly expressed at the last hearing that Staff has concerns �
about this when we have a Code that has specific requirements and it has been violated.
She said it will be tuEf in the future to tell people they have to stick to the Code when in
fact they see that they may be abie to receive forgiveness. " .
Suzanne Konchan said this project is unique and has a lot of difficulties. She is not sure it !� -`
creates a precedence because of its uniqueness. ,
Commissioner Ireland sug�ested the applicants might have to admit there was a �
wrongdoing publicly so it is public and on the record. Applicants admitted publicly there
was a wrongdoing on the part of Wink Jaffee building the illegal structure. -
Applicants want to add another 750 square feet,which will be the garage area, and then
utilize the area above the garage as living space,which would be a total of 1,500 square �.�,
feet. `f
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Commissioner Lamont stated the building should be brought into compliance by raising �
. the finished grade so that the height is diminished. �
Ellen Sassano stated the floor area will be calculated by the Code. �
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Cindy Houben said she received a phone call from Steve Standeford,who is the President �;a,'-
of Prince Creek Homeowners' Association. He wanted the Board to know that the i
Homeowners' Association is pursuing drilling another well, their own wefl. FTe felt the
homeowners were split preity much 50/50 on the upper and lower site. She also received
a call from Randy Udall who encourages the Commissioners to keep the building where it
is. He feels the applicants have been punished enough and that the land has been punished ��
enou�h. �.'
Commissioner True commented another letter was submitted to the Commissioners from t�
Kathy Strick[and. A copy of the letter is made a part of the record and attached hereto as
Exhibit"E." She feels the existing site should stay where it is and she personally has no �
problem with a garage and a bedroom above that. �
Commissioner True opened the hearing to public comment. , ,
Dean Smith, an adjacent land owner, said he has a problem with the legality of the ��,
development. He wants it addressed serioasly. He said a lot if his neighbors feel the same �
way he does. He feels the whole process is an abomination and an insult to the County's �
standards, to the Planning Staff, and to the Board. Mr. Smith feels it would be bad �
precedence to approve this application. He wants to know if the Couniy still plans on ' �
closing the road during the winter time. It would be a concern to the applicants since they �
BOARD OF COUNTY COMMISSIONERS 10 SEPTEMBER 11,1996
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are looking for a year around swcture. He also questions if the structure is a safe - .
structure. Mr. Smith mentioned the road has been improved on their property. Who has �
made the improvement? He commented the building height should be addressed by Code. ,�;
He also wants Mr.Jaffee to admit to his wrongdoing. ,. ,�
Michae!Chandler,a resident of the Prince Creek Subdivision and also Vice President of
the Prince Creek Subdivision Homeowners' Association, stated 6e wanted to clarify the
vote of the homeowners on the preferred site. Steve Standeford is no longer tl�e President
of the Association and has not had the benefit of receiving the most recent information
from the Associatioa The Association voted by majority for the upper site. They would �'r
prefer to see the addition attached to the unit and would like to see no further '
development oa this property. Mr. Chandler would like to see no further disturbance to ' �
the land. The Association would like to see some sort of offer and attempt to revegetate ; '
the lower trespass on the BLM land and the land disturbed by punching through the •
utitities. This would be a show of good faith and good neighborliness an behalf of the ,
applicants.
Public comment was closed at this time.
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The Commissioners want the building envelope smaller than five acres.
_ Commissioner Lamont commented she agrees with Dean Smith. She feels iY is an
abominatioa She does not want to see an expansion of the structure. Ms.Lamont also
stated she wants public access to the BLM land from this property.
Commissioner Krawzoff stated he would like to see the floor area limited to 5,000 square
feet as described in the application. He wants a deed restriction against development for ��
the rest ofthe property.
Commissioner Tuite does not want the building torn down. It would be a tremendous
waste. He feels this is a unique situation and that each case is looked at individually. He
is willing to allow 2he�arage. Commissioner Tuite is not willing to allow a third floor in
the house. He concurs there should be no further development on the property and that
revegetation should be done where land was previous(y disturbed, i.e., utility line
installations and road cut areas that have been abandoned.
Commissioner Ireland thanked Dean Smith and Michael Chandler for their involvement.
Commissioner Ireland explained our road management policy has been mischaracterized
for political pu�poses. The County's policy seeks to establish the present use as the status
quo and require extension,that is upzoning of the road,to go through a review process. �
They are not changing the circumstance of the road. The road has never been maintained,
as far as he knows,beyond a certain point for winter use. It was also clarified that the
applicants did not upgrade the road. Applicants stated the County made the improvement.
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BOARD OF COUNTY COMMISSIONERS I t SEPTEMBER 11,199G
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Commissioner Ireland asked Kevin Wright to comment on what kind of access should be � '�>
used to access the public lands. Mr. Wright responded his origina!recommendation was � . �'�
to access the public lands through this parcel by horseback only and no motor vehicle ..�
access. Since then,there have been several meetings concerning this issue. Mr. Wright
has agreed to administrative use by the BLM and DOW to the lands and the cattlemen.
He will never turn down public access to pubtic land. He would object to any kind of
public access during the winter months,which would be December 1"through the end of {��`�
March,because it would impact the wildlife. He reiterated he definitely does not want any `,:,
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vehicular access. -
The Commissioners expressed their desire to not allow any upgrade on the existing 10,000 �
gailon water tank. Also,all new utility extensions are to be installed in the road. "
Commissioner Ireland will allow the garage and the 750 square feet over the garage. He
would require a conservatiott easement over the entire remainder of the property to
prevent development,et cetera.
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Applicants have no problem with ehe public access request but explained that the t
neighbors will probably be against the idea.
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- Ellen Sassano commented the Bureau of Land Management wants public access to their j
land.
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Commissioner True suggested they request this access and reserve it as something to deal :.
with later. Applicants expressed their preference of having access go through the bottom `i,i'`�
corner of the property. Generally,the applicants shall grant an easement to the County on
. the existing road apportioned thereof to be managed by the County for public access to
the adjacent BLM land. The Caunty wilt obtain more discussion from the other land
owners on this issue. If the County is granted an easement,the County can regulate the
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easement as far as traffic is concerned.
Commissioner True commented he agrees with Suzanne Konchan's and Commissioner
Tuite's previous statements. He agrees with Commissioner Tuite regarding the floor azea
issue. He proposes to limit the floor area to 5,000 square feet with the definition of the
Code description.
Commissioner Ireland proposed a total limitation of 5,000 square feet of floor area. The
garage and the space over the garage can be done. They would be limited to 5,000 feet as ,
calculated under the Code. There would be no a0owance for a basement. If a basement is
built,it will count against the 5,000 square feet. They can build a third floor,or a partial
third floor as long as it is under the 5,000 square feet. There will be no exemption for the €
garage. Also,decks will be calculated in if they are greater than 3 feet.
TE�e bui(ding envelope shall include the footprint of the house and enough space to �,
maneuver building equipment,ptus the rest of the disturbed area. v i
BOARD OF COUNTY COMMISSIONERS l2 SEPTEMBER 11,199G
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Corcals,et cetera, will be restricted to existing disturbed area. Also, an eight Foot fence �'�
shall encompass the haystack area to keep eik out of the haystack. A map will be •
recorded delineating the areas for the corrals,haystack area,the parkin�pad,et cetera.
Commissioner Lamont wants a condition added addressing a noxious weed control "
program alon� with the revegetation requirement. This will be guaranteed by some
financial solution(bond), The revegetation shall take place within a year's time. Steve
Anthony will help applicants decide how this is to be done and the areas to be done.
The County will require the app{icants to apply for a buifding inspection for the structure .. .
that is now standing so they can at least inspect it for health and safety purposes. The
bui(ding will have to comply with a classification in the UBC. The building inspection
permit shall be applied for within 90 days. If it is not in compliance, it is required to be
brought into compliance within one year.
There will bs findings made in the text of the resolution with respect to the specific site
and why the residence was altowed to remain on the upper site.
Ms,Sassano stated they will show the existing utility extension location on the site plan so
Staff knows where they are and what is new and what is old.
Commissioner Ireland moved to approve the resolutioo with the conditions and
amendments as described above. With a secood by Commissioner Krawzoff, the
motion passed unanimously. . t
Commissioner Ireland moved to ndjourn the meeting. With a second by �
' Commissioner Lamont,the motion passed unanimously.
ADJOURNMENT: The meeting was adjourned at 9:07 p.m.
Respectfully submitted,
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Lynne rdova
Deputy County Clerk
%�,w�-R�- ��.1^-"'�
��MES TRUE,CHAIRMAN
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
Date: ����� ��`, .
rctscnvwinocc�ern���✓o�-�i-�c.a� �
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BOARD OF COUNTY COMiVtISSIONERS L3 SEPTEMBER Il,199G
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AGENDA ITEM SUMM:4RY ` —ih Ic� t� � -
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TO: Boazd of County Commissioners . ��
Regular Meeting-September 11,1996 . .;
THRU: . Ciridy Houben,Community Development Directq�Q�
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FROM: Suzanne Wolff,Commwnity Development Deparhnent
RE: Shield Extension of Vested Rights �'r
REQUEST: Pursuant to Section 4-I4030,the applicant is reqaesting an extension of the vested
property rights for the General Submission approval granted by Boazd Resolutiott No.91-34 and
the 1041 Hazard Review and Scenic Overlay appmva(granted by Rasolution No.PZ-91-17. The '
Boazd reviewed and tabled this application on January 10 to allow the applicant to provide
. additional information on the avalanche and rocld'all hazards on the site. The January 10 memo
is attached for xeference. � c
APPLICANT: Juliet Shietd .
' APPLIC�IVT'S REPRESENTATIVE: Marty Pickett
LOC�ITION: East of Aspen on Highway 82;a tract of land siivated in Section 20,Township 10
South,Range 84 West of the 6th P.M_ ;�''`
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ISSITES: The Board requested additional information to determine if the originaily approved �
building envetope is in the safest location on the property with regard to the potential rockfalt
and avalanche hazards. The boundary of the envelope is located along the toe of the steep slopes
to the north and east. The approved 1041 site plan includes a building envelope as well as a {
building footprint.
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Art Mears revisited the site this summer,and states in[us letter dated June 18,1996,that lus
previous comments(September 12,1990)are stiIl valid,assuming that the building footprint �'
remains essentia[Iy unchanged from the 19901ocation und that no additional buiIdings are �
planned directly below the steep slopes to the east of the footprint Mears notes that rockfall
hazard may exist east of the proposed footprint,and recommends assessment of the rocl�'all
hazard once the site specific details for the residence have been detemuned He stres'ses that the
potential hazard cannot be adequately ascertained antil the exact location and design of the house �
aze detecmined. His 1990 report notes that debris flows,as well as avalanches dtuing extreme
years,could descend the gully to the sonth of the building footprint. He recommended :
cons�uction of a cancrete waEl to prevent flows from impacting the residence. .
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Jeffirey Hynes of the Colorado Geological Survey(CGS}reviewed Mr.Mears'letter and tus -� �:'`V`'�
original report,and agreed with his findings. Mr.Hynes reiterated that a detailed rockfall hazard
aaalysis should be performed based on the ex2ct iocation and design of the residence,and thai ' �ti,
the CGS should review aud approve the analysis prior to issuance of a building pemut. �
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The Code currently prohibits development within rockfall and avalanche azeas unless there is no
hazard-free area on the site. Though neither Ast Mears nor Jeffrey Hynes state definitively that �
the building envelope is within a mckfall or avalanche haTard azea,it is clear that the building �''
envelope,and more particularly ihe building footprint,is withitt close enough proximity t� f` �
poteniial harard areas to require structural mitigation and protecrive barriers. Reducing the ''��r
buiIding enveIope aiong the eastem and sautheastem baundaries would increase avoidance of the
hazards and possibly require less mitigadon. Once the Iocation and design of the residence is ` �
determined,a detailed rocl�aall analysis should be performed by a qualified professional geologist �
or engineer. 'The CGS should review and approve the analysis and the applicant shatl comply `
with the recommended mitigation measures. r
RECOMI��NDATTON: Pursuant to Section 4-140-30,staff recommends that the Boazd
approve a three year extension of the vested rights for Juliet Shield for the amended building �
envelope,aad subject to compliance with the conditioas of approval in the attached Resoiution r
and the conditions of Planning Commission Resolution No.PZ-91-17 and Board of County
. Commissioners Resolution No.91-34,except as amended,
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' MEMORANDUM _
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TO: Board of County Commissioners
Regular Meeting-5eptem6er 11,1996 . -
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'THRU: Cindy Houben,Community Development DirecYor ��iTf'Th' :
FROM: Rick Magill,Planning Office
RE: Griffiths 1 U41 Hazard Review and General Submission r
REQUEST: The Applicant i's requesting approval of 1041 Hazard Review and General
Submission for the construction of a single-family residence.The subject properiy contains areas
mapped for wildfue(low to severe harard),geologic(slopes in excess of 30 percent),attd
wildlife hazards(deer&elk winter range;adjacent to critical winter range,winter conceniration
area,and severe winter range fbr both species).
APPLIC.�INT:Anna May Gri�iths � `
APPLICAIVT'S REPRESENTATIVE:Alan Richman
SIZEJLOCATION: The properiy contains approximately 38 acres and is�lmown as Lot 5 of
West Sopris Creek Ranch(Terliamis Tracu)located offof West Sopris Creek Road near Emma. �
. Fc
PROJECT DESCRIPITON: The Applicant is proposing to establish a building envelope (1/2
acre)in the eastern portion of tfie parcel.The proposed driveway will be approximately 140 feet
� long and will iraverse slopes averaging 18-30 percent The driveway will�averse a short secrion of
slopes (10 feet horizontally) of 60 percent iaunediately below Stone Road. The Applicant is
proposing the consuuction of a boulder retaining wall on the lower side of the driveway.
ISSUES: •
Wildfire - According to the State Forest Service, the proposed buiiding enveiope is contains
modernte wildfire hazard.The building envelope has a southwesterly aspect with a slope of 15-?0
percem.The vegetation consisGS of sage,scattered serviceberry,and oak.There is a g[ass meadow
to the soutkt and west of the proposed building envelope.That portion of the properiy above Stone
Road(approximately I00 feet above the building envelope)is rated for severe wildfire hazard and •
contains slopes in e.�ccess of 30 percent Vince Urbina has recommended specific uutigation
measures for the proposed development and Staff has included them as conditions of approvai.
Geologic - The property coatains stopes in excess of 30 percent The bulk of the areas which
contain s[eep slopes are located in the westem portion of the property(above Stone Road). The
proposed building enveloQe contains slopes of appmximately 15-22 percent The ptnposed access
driveway will cross slopes of approximateIy 60 pement at the edge of Stone Road.This short area �
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' of steep slopes(10 feet horizonta(Iy)is associated with the fiIl required in the construction of Stone -
Road and cannot be avoided by any dtiveway that would intetsect this stretch of Stone Road.A {;
retaining wall of up to 9 feet tall will be necessary to stabilize the driveway on the downhill side.It
appears that the access a[ignment proposed by the Applicant is the only logicai way to reach the ;n
proposed building site. The Land Use Code prohibits development on slopes in excess of 3d �
percent,yet Staff believes thai some latitude of interpretaiion should be applied in this case due to
the short durarion of slopes in excess of 30 percent; the fact that this slope was created by fill
tnaterial during the conshvcrion of Stone Road; and that there is no other less impactive access
aIignmen� The County Engineer points out the proposed Iocation for the driveway is the best �
location�ven the site's constiaints, and that the pmposed design will comply with the County
standards. "
Wildlife-The subject pmperty is mapped-for elk and mule deer winter range. The West Sopris
, Creek Ranch Subdivision is adjacent to czitical winter range,winter concen�ation area,and severe
winter range for both species.Black bear also inhabit this area.The subject property is within 800
feet of the intersecuon of Stone Road and West Sopris Creek Road,consequently,the lot receives a
fair amount of disturbance(vehiciilar�affic and people).Kevin Waght of ihe Colorado Division of
Wildiife recommends that the Applicant should comply with the conditions suggested in the
application and the additional conditions outlined in his memorandum (attached), Mike Villa is
scheduied to conduct a site inspection and Staff wiIl report his findings at the meeting.
� Building eavelop�The Environmental Health Department indicaies that the building envelope is
"flat enough and free of constraiau tike ditches",yet the building envelope is relatively small and
because of requined setbacks ta the well,"there coutd be a problem frtting ihe septic system within
ihe envelope",Site specific soils data will have to be obtained in order to determine the type and z
size of the sepric system required for this development Staff recoznmends that a minor expansion
of the building envelope for the septic field may be approved by the Community Development
Depatunent, should the EHD determine that the envelope is not large enough to meet required
setbacks.
RECOMMENDATION: Staff recommends that the Board approve the Griffiths 1041 Hazard
and General Submission Review,subject to the conditions in the attached resolution.
ATTACIi11�NTS:
1. res � _
2. .��Sta�f`�memo Z�wJrefeiral commenu
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MEMORANllUM � "
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TO: Bnard of County Commissioners ��.
Reg►tlar Meeting-September 11,1996
THROUGH: Cindy Houben,Commuairy Development Director�,"'T�1 _
¢,",�:.
FROM: Lance Clazke�eputy Director ' >��
SUBJECT: Raphaelsoa Caretaker Dwelling Unit Apptication � '
REQUEST: The applicant requests approval for cons�ucrion of a caretaker dwelling
unit pursuant to Land Use Code Section 3-150.130. w f,
APPLICe1.NT: Regina Raphaelson �`
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• APPLIC.•1.NT'S REPRESEN'TATIV�: Michael Gassman
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LOCATION: �0 North Hayden Road---Lot 3,Castle Creek Valley Ranch �
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ZONING/LOT SIZE: The pazcel is zoned AFR-10 PUD and contains approximafety
8.6 acres.
PROCEDURE/PROCESS:Approval of a detached caretaker unit is a one-step review
before the Board of County Commissioners. - ►'
BACKGROUND: The site currenUy contains a single family home of 4,400 square fee�
The approved plat provides for an"altemative"building envelope that may be utilized for "
an accessory structure. The proposed caretaker unit contains approximately 818 square '
feet of net livable floor azea This exceeds the amount of square footage permitted for
such uniu by 118 square feet ,
REFERR.AL COMMENTS: The following agencies have been referred on this case: - ,
1.County Attorney* `;
2.County Engineer•
3.Zoning
4.Housing •
5.Enviroamental Health -
6.Castte/Maroon Caucus �; i
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Comments of the agencies listed above aze referred to as necessary in the appropriate �:i�- ',,
sections of this memo. Referrat memos received have been attached for your reference. ' . �'�
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STAFF ANALYSIS OF PROPOSAL: Following is a review and analysis of the �
proposal relative to the applicable standards of the Land Use Code(Secrion 3-150.130). -
, B.The$oard may permit Cazetaker Dwelling Units up to 700 square feet on any size lot � '�
in the AFR-10 zone subject to certain condirions and limitations: � � . .
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Statf Comment: The proposed caretaker unit contains 81 S square feet of net tivable �
floor azea. This exceeds the maximwn square footage allowed for a cazetaker unit. The `
Housing Office has suggested it could be approved as an Employee Dwelling Unit %'
However,in the AFR-10 zone an employee dwelling unit shatl be considered as a �
separate dwelling unit for purposes of determining density and minim�lot area pet
� dwelling uniL This parcel is less than nine acres,therefore two dwelling units could not �'f
be permitted. '
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_ 1. The total floor area of the principal and caretaker unit shall not exceed the allowable .
FAR of the applicabie zone district. �
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Staff Comment: In the.1FR-10 disuict a pazce(is aIIowed a totai of 15,000 square feet
The applicant has represented that ihe floor azea of the existing residence is 4,400 square
feet,and the proposed caretaker unit is 1,088 square feet,for a total of 5,528 square feet.
2.There shall be provided one off-sGeet pazicing space for each bedroom within the -
principal unit and one off-street pazldng space for each bedroom in the caretaker unit ;z
Staff Comment: The applicant has stated that there aze four bedrooms in the principal
nnit and two proposed for the cazetaker unit. All pazking is proposed to be locafed at the
principal uttit where there is a three car garage and tluee outside surface spaces. There t'
will be a pedestrian walkway from the principal unit to the caretaker unit,a distance of (;
approximately 500 feeL Tfxe Castle/Maroon Creek Caucus has sugeested that the
distance between the principal unit and the caretaker unit is so great that all cars will S
probably not park at the principal unit and that two car spaces should be accommodated
at the caretaker unit. It should be noted that the proposed plan shows oniy a four foot ° '
wide pedestrian path between the two units making vetucte access between the uniLs
unlikely. . �
3. The applicant shall by deed reshiction or other permanent commitment running with � '
the tand guarantee the occupancy of the unit will conform with the requirements +
goveming caretaker units in the Land IIse Code Section 3-150.U0 B.3.and B.4. �
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Staff Comment: The applicant has stated agreement.with these restrictions. - .
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RECONIIVIENDATION: The proposed caretaker unit is lazger than permitted by code, ���' �-;Y
and it should not be allowed in its present configuration. If the unit is reduced in size to '
become confomung with code provisions then staff recommends approvat subject to the
conditions in the attached resolution.
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If the applicant does not wish to reduce the pmposed caretaker unit's size,another oprion �'-Y.�`
is to pursue development under Code Section 3-150.110,Dwelling UnitsRestricted m .
Affordable Hnusing Price,Income,and Occupancy Guidefines Located Oulside ofAR _ -
Zones. Undet tltis provision an additiona(dwelling unit that is deed restricted to •
Affordable Housing(AIi)Price,Income and Occupancy Guidelines may be allowed on �
any parcel,subject to Special Review to insure compliance with adopted codes and
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procedures,including parcels which do not meet the t++;nim�lot area per dwelling unit
requirement of the underlying zoning dis�ict.
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� EXH[BTfS:
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1.Resoluti n
2.Ap i rion
3.Zoni Referral ;:�,
4.C oon Creek Caucus Referral �`�'`
5.E vimnm tal Health Referral `
. � 6. ousing O e Referral
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AGENDA TTEM SUMMARY 6' ' P� �
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TO: Boazd of County Commissioners �` "
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Regular Meeting-September 11,1996 �
T'HRU: Cindy Houben, Community Development Director�'//—Uy , ;;i
RE: Huck/Bayer 1041 Environmental Ha7ard Review{flca JaffeelPrince Creek
1041-tabied from Ju(y 1 Q 199� '"`r
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FROM: Ellen Sassano,Senior Planner �' ' �
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REQUEST: The applicant is requesting 1041 Environmental Hazard Review and approval r:•-
for the conversion of an illegally constructed bam into a single family residence. �F
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The site lies within elk and mule deer winter range and is adjacent to critical habitat on the �+ .
Crown. Moderate and severe wildfire hazard and slopes exceeding 30% e:rist on the ,
ProPertY• ��'
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APPLICANT: Michael Huck and Jeff Bayer :'i
LOCATION:Approxirnately three miles south-east of Highway 133 on the South side of
Prince Creek Road(County Road I11)just past the Prince Creek Subdivision,Section 24,
Township 8 South,Range 88 West
BACKGROUND:
� • The Boazd last reviewed the amended application submitted by the new owners of the
Prince Creek parcel on July 10, 1996, at which time review of the application was •,
continued. �
• The amended applicarion requested 1041 approval of the following pmposal:
1. Conversion of the existing illegal"barn"s�ucture into a yeaz-round home,not 1'
to exceed 5,�00 square feet of floor area; deed restricting the rest of the 40 acre
parcel against further development; �
2. Construction of an attached three caz gaiage with a guest bedroom over the
garage;and •!
3. Relocation of the eatisting leachfield(conshvcted for the"bam'�to another area
within the buildin envelo e to accommodate the ro osed ara e. �
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• At the meeang, the Boazd discussed several options for the locarion and scale of 1'
development on the Bayer/Huck parcel. Several members of the Boazd expressed an -' •
interest in allowing the illegally built s�ucture to remain in its existing(ocation at the ;'j k. �
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top of the property, with the caveat that no other development would occur on the
parcel,and that no enlazgement to the siructure would be allowed to occur.
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• The applicant indicated that this solution was not acceptable,as it did not adequately ':;~
address the applicant's needs in terms of sttucture size and function.
• At that point,review of the application was continued. The applicant requested time to
regrouQ. Staff was requested to obtain comments from the Counry Wildlife Biologist
with respect to implications of development on the upper and lower building sites;and
to pmvide more information with respect to visual impacts associated with building on
the lower site. _
ISSUES
Wildlife-Staff has since met on site with one of the applicants,Mike Villa,County
Wildlife Biologist, and Kevin Wright, Dishict ivlanager, Division of Wildlife, to
discuss the implications of development disturbance on the upper and lower building
sites.
Mike Villa's Comments-Mike Villa's comments are attached to this memorandum as
Exlvbit A. In summary, Mr. Villa believes that the upper building site has been
- disturbed to the extent that there is little chance that reclamation will be successfiil,
particulazly in light of the fact that noxious weeds in the vicinity will limit the ability of
native vegetauon to establish. Dryness of the site and lack of water for irrigarion will
also make re- establishment difficult. Consequently, his preference is to see � �
development left in its current location. The proposed expansion of the building will in
his opinion be inconsequential,as long as it is attached and located on the west side of
the existing structure.
Mr. Villa believes that it is vital to protect the sagebrush habitat which is used and
prefeaed by deer at the lower site.Deer populations have decreased with the increase
of elk,and according to Mr.Villa,deer are not as adaptable to people as are elk.His
memorandum indicates that sagebnuh habitats such as the one located on the lower site,
aze highly impacted and in need of protecrion. Mr. Villa believes that although
� ciustering the pmposed residence with yeaz-round homes in the Prince Creek
Subdivision on the lower site might be somewhat beneficial in limiting the overall area
of impact,it would also result in fiuther restriction of already l'united habitat.
The upper building site is more heavily used by elk. Mr. Villa believes that the elk
population is abundant, that elk are more hardy and able to adapt to the unpacts of
people,and that deer populations aze declinuig and in need of protecrion. Mr. Viila
notes that clustering the building on the upper site with tl�e e�cisting Dean Smith cabin
�on the immediately adjacent properry will be beneficiai.
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. Staff nofes that if]imiting the area and the amount of human activity is the goal of the
clustering concept,clusteting the proposed residence with e3cisting homes in the Prince -
Creek Subdivision on the lower site will better accomplish the goal,as homes within the `
Sabdivision are occupied on a regulaz basis. The Dean Srtrith Cabin,according to the ~�
owner,is very crude,and used primarily for"camping out"sporatically. However,this � . �+
status may change,as Mz.Smith has indicated in public hearings that he will seek to
upgrade his cabin to a residence for fuil-time use if the upper building site on the
Bayer/Huck proQerty is approved.
At the meeting, Mr. Villa will be prepazed to address the issue of the potentiai ;
cumWative impacis of development which may be requested in the vicinity of the upper .
site on adjacent properties in the event that the Bayer/Huck residence is allowed to - -
remain on the upper site. These impacts will relate more directly to elk. -
Kevrn Wright's Comments-Kevin Wright's letter of i l/15/94,(aitached as Exhibit�as
well as the applicanYs own wiidlife expert testimony, clearly concluded that despite the '
existence of the bam on the upper site,development vf a residence on a lower site would
minimize wiIdlife impacts. At that time there was an assumption made that there would be
both a bam and a residence built on the pmperty. This conclusion was based on activity
levels associated with different uses(barn vs.residence)and correlating impacts on wildlife
� habitat and use.
The new owners approached Kevin Wright, Division of Wildlife, with their proposal to
convert the barn to a residence. Based on the understanding that there would be no other
buildings constructed elsewhere on the pmperiy,and that disturbance woutd be kept to one �
`n....
location,Mr.Wright indicated that the homesite at the top of the property would not create
a significantly gteater impact than his previously recommended lower site(s). Mr. Wright
qualified his statement by saying that had a structttre not already been built at the top of the
properry,his recommendation would continue to be that building be limited to the�ower
reaches of the property.He recommended that if the structure is allowed to remain that no
• major expansion of the homesite be allowed to the east (ridge side), and that previous
� recommendations for fencing;dogs,winter recreation,etc.be adhered to. Mr.Wright will
be present at the meeting. He will be prepazed to address the issue raised by Mr.Villa with
respect to the preference of protecting for deer habitat vs.protecting for elk habitat,and
which may be more critical in this azea.
Both iVlr.Wright and Mr.Villa agree that development should be limited to either the top
building site or the lower building site,rather than allowed to occur on both sites.
Scenic Qualitv-The lower building site is re2atively large and level. It is adjacent to the
Prince Creek Subdivision,and as a practical matter would function as an extension of the
already developed subdivision azea A home on this site would be visible&om at least two
homes within the subdivision. It woutd not be visible&om the public viewplane along
Prince Creek Road. It would,however be visible at a�eat distance from the town of
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Carbondaie,in the context of the existing subdivision.The existing structure at the top of ,
the property is also visible at a great distance from the Town of Carbondale. Given the - .
distance,visibility from public viewptanes is somewhat of a non-issue on both sites. A = �
residence on the lower site wili impact the private viewplane of homeowners within the . ~:
subdivision. Impacts covld be somewhat limited by seiting back from the westem property � -"
boundazy and by liauting height and/or mof pitch "I'[ie residence on the upper site impacts c
the viewptane of ihe adjacent property owner.
W�ter-The Couaty Attomey will be prepared to address the issue of whether the County ��'`�
has any basis on which to intercede with respect to the requirement of a water agreement '-.r�
between the applicant and the Prince Creek Subdivision. ,
•oni g_ViolaHons-The e�cisting struchue on the upper site was built without benefit of a .
building peimit In addition;the structvre was found by Zoning to be over height by 14
inches. The County Attomey will be prepazed to discuss aitematives for addressing the �
zoning violations and whether there are any timing constrainu associated with enforcement i5
action. �
OPTIONS: s.
Several options exist for approving development on the Bayer/Huck site:
I. The Board may wish to allow the struchue to remain in its existing location at the top of
the properiy,with the caveat that no other development wilI occur on the parcel,and
that no enlargement to the structure will be allowed to occur.
2. The Boazd may wish to allow the structvre to remain in its existing location at the top of <=
the property, with the caveat that no other development will occur on the pazcel,and
with the stipulation that the overall floor area of the structure shall be limited to a
specific size (the applicant has requested 5,500 square feet). In this event, Staff
recommends that the Board be very specific as to what will and will not be included in
the floor area calculation.
3. The Board tnay require the applicant to remove or demolish the building and establish a
building envelope on the upper or lower building site,depending on the outcome of the
wildlife discussion at the meeting.
RECOMNIENDATION
Given that the"bam"structure was built without benefit of a building permit,Staff
recommends that it be removed or demolished if it is detemuned that a lower building site •
may be established without detriment to wildlife habitat. Atlowing the structvre to remain
in it's present location sets the precedent of approving illegal development after-the-fact,
potentiaily undertnining the permitting process.
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, If the altemative lower building site will be more impactive to wildlife habitat than the
upper site,Staffrecommends that the shucture be left in it's prese�location,at iYs present �`•>
size,and that no enlazgements be approved. �`�
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In either case,Staff recommends that development be resh�icted to one area on site,rather • �
than allowed to occur in two or more areas.
Conditions cited in the attached resolution will be modified by Staff depending on the
outcome of the meeting. ;:�.�``
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Post-iC Fex No1B 7871 � �� ��,/1}� 1� �:: :'.�'
T� f R� � r��,��t t,; .
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Phane. Phrne/
� ��sS pititin County
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c.and Management
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TO:Ellen Sassano ,
FAOM:Hichael J. Villa��/ ';r''
RE:JafPea Parcel
QATES�lugtlst 37� 1996 �
8asad on the site review 2lACI G�19CLtSHiOt1 oP tiha Jaffea Paraai last `
Friday I would like to give you my commenta. I agree with ELevin .
Wright that thare will. be nominai imgacts associated with a �50
sq. Poot addition to the cur-ent atructure. My preferenea Prom a
wiidlife standpoint is ta maintain the curren� bctliding eite. �
whether to allow ths additian with regards to vildlife, in my
opinion is incqnsequential.
I base t5is prePez�ace on Pouz points; i)Tha building, aI.though
� � illegally built nevar the less is sta:iding and has already
impactad the habitat bsyortd our abillty to repair it. The qrqund
has been disturbad and I believe has little it any chence at
being reclaimed dua to aspeat and preaipitation regfm� of Zhe
area. This comment is based on the assumption that the 2and
�ould have tn he reclaimed if the decision is made Co d¢molish
� the currant etructure. 2) I also have a cancern with ths -
invasian of noxious �+eeds ta the upper e:td oP the property .due to
trieir gresenca doWnriill. Invasive plants are uncanny in their
( ability to acquire resources thvs, limiting the ability af native
vegetation to establielt. 3) Saqebrusti habitats are highly
impactad and in naed oP �rotaction. Xevin has stated "Tbe
J majarity oP use by deer is at tha laaer end ot the property." I
am much �ore coneerned with deer habitat. 2 Yeel deer popalatlons
have decreased with the increase in elk. Far this reason, I
think that it is vital to protect thosa aracs t�snt we lmew are
used and prelarrad by floor. 4)Ths cus�ant huil8ing is cYus*_ered
well with the Smtth cabi.z�. Although it ie canceivabl.a to clustar
trie home with the Prfnce Creek Subdivision I delieve this vould
further constriat the already limited habitat. FQr �kte fouz
reasons gtated above 2 don't believe theze vauld be anY bentfit
to aildJ.ife ga3ned hy moving the home to ttie lowe;r site.
�urther, I believe that thare may ha more habitat degradation
� because oE t.'�e natural soil and hydroloqic characteristics oP the '
site.
Miahael J. Villa
Pitkin Caunty Wildlife Bioloqist
Pitkin Cour�ly Land Management
I 76 Servke CenEer Road i .
� -.«.corv� Aspen.Coloc'ado 81611 I
�'�°"°:�.•'"�" {91D)420-5214 Fax:(970)92U-5374
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STATE OF COLOFiADO �iZ., �EFEa 70 `
Roy Romer,Governor T� ��,
DEPARTMENT OF NATURAL RESOUACES �_ Lp1A�0� ,••' ?:
DIVISION OF WILDLIFE - �'� � � '
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AN EOUAI OPPoRTUNITY EMPIOYER � y �-'„ ��
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Parry 0.Olwn,Okeetor ._ ..., ,- �g95 . , V �
8080 Broadway Q�.OF.�� ..a'r.� '���
Oenver,Coloretlo 80216 -
ra�eono�B:�sna�ze�->>sz For�ldlije-
For People j `
12-4-95 --•._. -
Pitkin Covnty Planning ' ''
130 S. Galena ;� �
Aspen, CO 81611 �CL. -
7.
Dear Ellen: t�
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on 11-29-95 I met with Mike Huck who recently purchased the ';�.. •
Jaffee parcel along Prince Creek. We discussed the history of °
the parcel and what his intended use of it would be. He would �f�
like to convert the current structure into a year round permanent �
residence with a garage somewhere. ��
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I told him that my recommendation would be that a home be locatad
further down the parcel if there was no structure already built. "±
These sites were identified on 7-12-94. However, since there is
� a substantial structur� already constructed and if the structure �
is allowed to remain and be converted to a homesite that it would
not create a significantly greater impact to wildlife for the
Eollowing reasons:
1. The site is within winter range and not critical habitat
or winter concentration area -
2. It would clump the homesite and disturbance witlt Dean
Smith's cabin which is directly south over a small ridge
- 3. There would be no other buildings constructed elsewhere
� on the property and the disturbance would then be kept to -
one location. Any garage should be attached or immediately
adjacent to the current structure to the west on the parking ?
pad. Any structure for horses be a small pole barn type
structure in the pasture area which is already fenced and
adjacent to the homesite
4. No major e:cpansion of the homesite to the east (ridge
side)
v
Mr. Huck agreed to these conditions as well as those outlined in �
previous letters regarding fences, haystacks, dogs, winter .
recreation, etc.
If you have any questions, please give me a call. �'
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S' rel�,�, ��,
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evin Wrig �-� '
District W 1 ife Manager, Carbondale '�f �
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DEPnFTME�T OF NATURAL RESOUACES.Kenneth Salazar.Execmive Direcror 1:.
WILDUFE COMMIS .William R.Hegberg.Member•Eitlon W.Cooper,Chairman•Felix Chavez.Member •qehecca L.Franlc,Member 6•� �
Louis F.Swift.Mem6er•George Van0en9erg.MemCer•Larry�d.Wright.Member•Thomas M.Eve.Member
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ro Pincin counTV �ovr, s" �.
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TO: BOCC . f ��
Jitn True,Chairman `'�,
Bill'Ilute,Mick Txeland �
George Krawzoff,Leslie Lamont ' �'"
RE: BOCC meeting September 11, 1996
Subject: Bayer/Huck applicauon .
. Y :
T am deeply concerned ahout the outcome of this review. I have reviewed �
the entire epplication and recommendations from Staff regazding this . ` �
particulaz pxoperty. In addition I have taken the time to discuss thc water
issues i.e.Prince Creek Subdivision with the owners of the proposed
development and have site visited the area to take measurements etc. T have �
a(so site visited the property across the rpad to see for myself if there would
be any vi8ual impacts to that acreage. At some future date that property will
be developed. `
I know all the background history regardiag the road ete.,the allowable
. FAR and will not elaborate. I only need to address two issues of concem. I
would strongly urge the Commissioners to look at this proposal logically .
and stay focused. �
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I feel ihe barn should remain as is instead of having it tor.a down and rebuilt `
somewhexe else on the properry. T live in Prince Cxeek Subdivision and re-
vegetation in a rural area is in no way similar to re-vegetation in other areas. �
Weather elements play a great role. Appropriate vegetation and trees etc.
� graw at a slower rate. That scar will remain.forever.
The way the proposed addition would be situated off the south side has no
• visual impact. A two or three ear garage is a necessity in our area and I
l�ve no problem with the 750 sq.ft.bedroom. I fully agree that the height
of the ridge should not be altered. '
It would be a neighborly gesture if the owner would condition a tie in on the
. water but I am not sure a single family dwelling can even offer water to a �`
subdivision. Issues such as evaporative ponds would have to be addressed. '
, �
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Thank yoyi for allowing me to voice my concems, •
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Box E 'i,
Aspen,Colorado
, .�
PROOF OF PUBLICATION
STATE OF COLORADO)
)ss. Copy of Notice
Y
County of Pitkul ) _ �
rwuc nonce
I'LEASE TAKE NOTICE:T�al 1he Oaard ul . .
I,And�Sloiie,do solemnly swear that 1 am the Gditor ca�o�Y commi..io���.oi rieki�co���ey,
cow,um,+n��.wnm�mnowi�¢o��w.n�r
in Chief of THG ASPEN TIMES:that the same is a wcekly ,i�:3o P.m.�o�,.:oo�me.�.ne�.:in�
newspaper prinled,in,whole or in part,and puUlished in rc��m�b�^a•w���•���w) ��n�n�.a•.
�e��s�n��m��il.1996.at ihe ,
the County of Pitkin,State of Colorado,and has a general PIIWn Couny Cwrlhouse Plaza,570 East Main
circulation therein;U�at said newspaper has been pub- m`in�'i�i P�i�'a��m�i�Hi ia au�a a����
lished continuousl �nd uninterru tedl in said Count n��.m
Y` P Y Y AN ORDINANCE OF THE BOAtID OF COUN7Y '
of Pitkin,Eor a period of more than fifty-two consecutive COMMISSIONERS OF PITKIN COUNTY,
weeks next prior to the first publicalion of the annexed COLORADO,AWHORIZIfiG EXECUTION OF
TftA1L ANU TRAILS FACIUTIES EASEMENT
�e �l notim or advertisement;that said news l C!�1:15 AGNEEMENTS WITN JOY SMITN,qOBERT
� Y` p`F LEWIS,PETER AND DARBARA GIIY,AND '
been admitted to the United States mails as second class KATHEftiNE HUBBARD,WHOSE PROPERTIFS
matter under the rovisions of the Act of March 3�1879� ARE TRAVERSED DY THE EAST ASPEN
. P 19%DT TRAIL ORDINANCE I—,SdtIFS OF
or any amendments thereoE,and that said newcpaper is a
RECRAIS
" a weekly newspaper duly qualified for publishing legal 1.The VMers ef Pitkln County and 1he PIINn
notices and advertisements with the meaning of Uic laws Saun�y Commissioners eataDlishetl an Open
of tlie State of Colorado. nP�:ervina andldevelopinr the purposes ol
a on��:pe«�nn
�ra11s r sour<es In Pilkin County, d
� ' esta6l,ished�n O�xn Space�nd Trails BaazA al
That the annexed legal notice or advertisement was pub- ���e��^g�����n�eiv�^����«o�cno:e ;K
lished in the regutar and enlire issue of every number of 2.The Open Space anJ Tralls so..a at •
said weekly newspaper for the period of � COIl5CCL1- Trustees,has,on n�nair ��n�co���y
Commiszloners,enrored Into Tnll Easemenl
tive inscrtions;and that the First publication of said notice �s�K���:wun�ao,.�a.wnok�o�.n�.
_ travenetl by an e%ISIInQ prWately-6uUt tnil
w s in the issue of said newspaper dated �,w�,:m��:��sP�n-e.�mrr.�n.rnis
� 3o A.D.,19 and that the last ulr tm°"' "`�"nme0ae1yrsofa°da�'°°'"
�� P to the 6s�bpen Trall,whlch was<orolrueled
lication of said notice was in the issue of said newspaper In 1994 by[heOprn Spaa ml Tnlla Pragnm.
Attached�s Fshlblt'I',and Ineorporaled
dated C) A.D.,19 � _• herein hy relere�rce,arc tlrose Tnll FasemeM
Agreemenu. �
7.The Trail Easement Agreemmis aulhoriu
conveyance ol trall easemrnts whl<h
tcommodale an unyaveU Inll trnd�ridth d
' _ Eebween ak uW el�t leet The Opm Space anA
Traus auzre a¢.cea�o�m: nr y,nce
condlllonal upon:iJ Ihe Inll Dulltlers mllec[Inp
funds lo pay lor mitlgation ol Me weliands
damage ceufed by consiru<Ilon ol eertaln
Subscri ed and sworn to before me, a notary seellomolthetmll;�upgratleoliheWSting
ublic in nd for the Co t f Pi kin,State of Colorado, <<ani�ia m�mm�m co�mY van.�,na.,as,wun
1J �Y lrucllon on the upgn�e 10 eommenee
onthis dayoF e cr A.D.,l9�. n«aumr«��awwowMnn�:i��anom,
Conslructlon Uceme Agreemmt and a Tral
1 � Easemem Agreemenr,and 3)annt ol tran �
nte by all allecletl la'Mownert prbr to
upgrade ol lhe Inll,�uch tnll casemmlz lo he
Notar Public ded snd ollkiaily accepted by the Board
Y g{, q� ol Counry Commis:ionersailer the trail
My commission expires �The Faat A prn�Bandi�td'Trell provitlo a
vitl�l extenzlon ol lhe Open Spaee and Trails
Fis1 Aspm Trall and provfdn reere�tlonal and
muter access lor peAotrians and bicyellslf •
' . W ng mos�d XlEhway 82 Eetween Asprn and �
Dllllwll Campground,Ihereby Qualllylns lor .,
' . Open Spact and Tnits Pragram aequlsltlon
- - - . undvntabllshedacqulslHoncrllerla � '
. NOW THEREFORE BE IT OItDA1NED by Ihe . - ;
_ Board of County Commissloncrs ol Pltkin
' Cnuary.Coiwarla��hal: (,'�� �,
. . Sectlon 1. TAe Board 1 County �\/ .
� � . �! Commisslonen ol Pilkin Counly hereby grants \;
- eppraval lor the executlon ol the SmHh,Lewls, '
;_'� i . Cuy and Hubbard Tn�l and Tralls Faclll[les - �
� - 1�� • Easemen�Agreemen�a br trall acQulsitlon
' ' PSec�tlon T.The Board aulhoriz's„s CTalrman
. - and ihe PitWn County Cierk anJ Recorda ro,
� ��., ,__ respectively,executc anA auest Ihe Trall - �
,� Fasemenl Agreementi,antl assoclaled addenda-'' '""'�'-"= �
altuhcd henlo as E[hlbll'1',and any and all'-
� �Jocuments n essary ta comptete the
, ' ' � lransacllon,euh�ecl to prlor npprovai ol t�e t_, '
� , �' lorm ol weh documents by the Coun[y .
- ptlorney's 011lce,and upon thr terms and
• condltlons sel lonh In�he uuaeheOComn<I. �
�' Coples ol lhe lutl lext al thr Ordlnance are �
^ . anllable br puNlc In.pecnon Irom 8:70 am ro
. A:)0 p.m.In Ihe 011ice ol lhe Clerk a d ' '
' ~ h IterorArr,SJO Easl Maln S1tee�,Sulle 101, �
'� Aspen,Colorada 8I611.Phone 701921FSIB0
a Jeacetle 1ums,Uepuly Counry Clelk
Pu011i�cA In The As��en'fimes Auguri 7U,1996.
/
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' Aspen,Culor�do '•.
����oo�� oa� ��U13L1Cn��.�ioN �
s��•nz�c ar co�o�znuo� -
)ss. Co��y vf Nv(icc . ''
Counly of Pitkin ) '
I.Arrdy S(or+c,do solenvily swenr Ihal t:m�Ihc liililnr
h�Chle[of'171G ASPGN'1'IMliS:Ihat lhe same Is n wcc4:ly
newspaper prinled,In,wiwle or!n parl�:IIIfI I1p�1NFIiC<I III
lhe Counly b[Pilkin,Slale o[Colorado,and has�genernl ruaucr+once .
circidnlioq lherela;��„�6n�a n�WSn,�,��t„s�«„�iIIU- SUBMISSIDNANDCARF7AKER�DWF7.IlNGUM1'
,Ilsl�ed conlinuously and unlnterru�lediy ill 511(�LOUI1�Y NOTICE IS HEREBY CIVEN that a public
, oF I'ilkin,for a perfod of more lhan flfly-ltvo consectdlve ij,I9�96at�eregW m�l`�eioe'�w`s�
weeks next rior lo Ihe[lrsl �ublicallon o(Ihe�nncxed P"'�ora1be0osrdo1COin1yConin'��°"IXf.
p } Ws�Ne�CouNaom,5Ub E Moln SL,Aspm to
• legal nolice or ndverUsemenl;Ihal sald ncwspnper h�s ��aa�+•nv�����s�mn«enrxo�c.�a
:���u nom����n a°au.��a:�i k�'.
- been ndmliled lo lhe Un}ted Slales�nalls as seconc!class �
. muller under Uie provlsions o[lhe Acl o[Morcli 3, 1879� ��i"'��onapprodmstetyd0�craola4�
�cr!pvicel.The DroP�Y�+lacated ML IOMO
or�ny amenc(menls tlieteo(,and Ihal Eaid ne�vspaper is n eun�.�r»n�^m����«'�n o'c'"'°"mk�
a weekly newsp�pe[duly quali(ied[or publlshin�;Icr�l �e�sei swui.o sw/ise�i°q o�uW
� nvUces And ndverUsemenls wili�lhe memdn of lhc imvs �6+�°�O��eNE1(�NWI/�o�5ee[bn2i.e11
rj In Tam�hip 8 Sawh,Ranye BB WW o1 Na filh
of lLe Slale o[Colotado. P�n..fo�m.m�.i��o.m.uoo���u�i..�o�
Garke .l.lhe MD<n/Plttln Community t�,>�
� . � Development Departmen�(9T0)9205<52.
T'hat the annexed le �1 nollce or aclvedisemenl�vnx t11V- aopler of the prapo�ed Resolutloli'(rc
8 ! ��e ia,wen����«iioRe��a Kum••
, ltshed fn Ute regular and enlire Issue of evcry nunil�er of awoo:nw��,i��n�om«oi�n�a«r•�
pe�order.$70 Fast M�n Slreet Aspm.l'olorado
said weekly newspaper for the period ir(_�C�Ii5CQ1- 81611.Phene(87�9�3�80. ,
qve InsetUons;ond lliahlhe[irsl puUlicnlian o(snid uolitc �"""�°"".°`"°�r:/�`aaT�.awr
w. in lhe Issue of snid newspnper dated B°'�a°ic°""h'�°°'°""'°°°`
. �_A.U.,19 g�_ nnd Iltal Uic Insl pub- P"a11id1n�"""'D`"r�°"`""°""to.�9vs.
�fcallon o sa�d�ioilce wns in lhe issue of,nicl ncwep���er
daled ��T� A.U.,19�b _
' '1
Sabscrib d and sworn to beforc uic, n nvinry
publi�ln n d for Ihe Co dy o(3'itkliy St�ic o[(:�lorndo, '
on llils day of l�S A•I)•.19�� ' •
2• / 7�C
Nolary 1'ublic
M�cvi�milsslvn cxplres�—g$�
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' AsE,en,Culorado ;" ' :.�H
P1t00�� Ol� PU13L�Cl1'J.'ION '�
s��•n����or co�oiznuo� J��'
)ss. Co��y uf Nutice '
S�; �
County af Pitkin ) !` -
I,ilrrdy Sfmre,do solemnly stve�r lhnl 1:mi Il�c lidltur ;.
tn Clde(o['fi[G ASPGN'1'IMliS:Uiat!hc sauic!s n wrckly
newspaper ptfnled,(n,whole or Iti parl,nnd publishcd In �.
lhe Cowily of['ilkln,Slale o(Colorado,�nd hTS a gcnc�:il . '
clrculnlfon llietetn;lhal ea(d newspaper has bccn pub- , �:
,Ilshed conlinuously nud uninlerrupledly in sakt Com�ty
oE I`llkln,tor n perlod o[more lhan Ofly-t�va consecuttve (y;i•
weeks nexl prlor lo the[lrsl puUlicaUon of Ihe annexcd
lega!noUce or ndverUsemenl;lhal s�ld newspaper h�s eueucNan� �'
' Ueen admllled lo l�ie Uhiled Slales malls as sccond CIII55 I RE:-PIFFER LOT LINE A�JUSTMENT AND ��
, :ROAD YACATION N077CE IS HE7tE6Y CIVEN
. . �it:l��Ct Utt(ICI'II12(�COV�SIOIIS OI IIIC ACI O�M1tCI1 3� �n�4� �hal a publlc harin�wlll De Mld n' '
OC illl emenctmen(s(hereof��Il(���l:t($it�(�tICiVS�7 C['�S� N'eAnaday,5¢p:wber 11,1996 cl a regular
}� � (� mMingtobegY�e5.�00pmbelonthe�oaMo1 �t
rt weekly hewspaper duty qualt(icd(or�,ubHshin�,Icgal 506�E Msin 15L Aspeo tokeonsw�°�
nollces and odverllsemenls tivilh llie nunnhig u(Ihc i�ws •vvn�.no�:�nmm a nY o�w�wu«,s�� a'
d Cturb4e Pearson,and T�wiqo y�A 51�erry
of Ihc Slale o[Colotado. R�ni�.�yu�.uoe:oem.i.�o��:��oonon
approvat(or�lot llae ad�upmeot amonQ .�
" ' evenl Iata In the Crysul Rlver Park ' �����f �
Tlnt il�e annexed legal nolice or aclverlisemenl�va.pab- suemw:mn.'rhe,pPU�o�a:.�o rey�:i mc '�
iished in Ilie re ular and enUre lssue of evcr nuuiber of ro��b^^r.Pi,«�a,sw M.�ro,.,e,,,«m,
g y aw.y nec���,oa w�.<e���a m�b�.m
said weekiy newspa(�er[ar Uie period nf�consecu- '�"�'���•**�o�^P�^Y��+������rnw , �
ra.a rert snndwwoo(sa.w m nea.eo�e oa
. Uve(nserl(ons;nnd ll�at Itte first p�tbllcntiou o[snfcl nalfcc m�W�n na�a wemnr��,�so,si,sx,
57,5�,55,W,65,66,67,md L For lurther �
w�s in Ihe Issue o( snid netvspa��cr dnfecl iom��.noo ca e.�e U�tt ci,.r�se m� r_
, • �t� A,U.,19 Q� mid Ih�l thc In:I �III7- Aspen/Pltkln co ieY Development
�}�, � OepMlnent(97U)921F5�52.Cople�of the�
ical3on [said noqce was in 1 ie issue o[snlcf nc�v�paper P�qb�d Rcolutron�re av�NaDle tor puC11c
�mpecfbn tluriny reQulx 6usMm houn In Ue
dat I�1� (fl A.U.,19�o�_ oi nmoRna a�n�cie�,na n�co,ae.,sw
Fut Mtln Steeet Aspen,Co7or.do glatt.Phone .
� (97%92P5180 .
Je�nette lpKS,Depuq Cpmty Clak
C .yJamaRTrue.ChW
BavA olCwwy Commlubm�y r,:,
�� PublbheA InT4eAspen 77ma M�guat 10,19%.
,�
5ubscri ed nnd sworn lo Uc(ore iuc, n uol�ry 1
public In td(or'll�e Cou dy of 1'ilkln,Slelc o[CulurnJu, ' ,
on(his day of US A.b.,19 '�_. ' .
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PROOF OF PUBLICATION •�_.
STATE OF COLORADO) `�-
)ss. Copy of Notice �� '-
�'r .
County of Pitkin )
I,Attd�Sfone,do solemnly swear that 1 am the Editar nonceoerusucxvwwnc. �
in ChieF of THG ASPEN T[MGS:that the same is a weekly reFwsE TeKe noncE:rn,i�n�se.�a oi
Counly Comml�stonerz ol Pllkin County,
newspaper printed,in,whole or in part,and pubfished in Cobrub,wiu mnsWer IhefolbwlnQOrdinanm
the County of Pitkin,State of Colorado,and has a general seP,mna'e�`n',i��rs:i s:ao PM,PItWnCowly
circulation themin;that said neH�spaper has bcen pub- cW«��,������n.��,sae�lMa�
lished continuousl and uninterru tedl in said Count m�c�et,Aapen,at which tlme and plaee all
y P Y Y heanl:ers ol the yuDl�t may appear and 6e
of Pitkin,for a period of more than(ifty-hvo consecutive OROINANCE OF THE BOARD OF COUNTY 1
Wf2IC5 I1L'Xf E1710i t0�ItE Il[Sf PUIIIIC�fi0I1 Of�IIC'BIIIIC'X2d COMMISSIONERS OF PITKIN COUNTY, 4'.��,
�e �1 notice or advertisement;that said news '1 C'!I185 .COIARADO,CRANTINC MPROVAL OFTNE
S' I�`P pR TION OF A POR770N OF CUUNTRY CLUB �;: .
been admitted to the United States mails as second class
matter�mder the provisions of the Act of March 3,1879, omm�n�o.9s—
or any amendments thereof,and that said newspaper is a rn�:"`pa`'Ae�ry aRubinar'here nalter �
- a weekly newspaper duly qualified for publishing legal c u��iy co`m'i::i ne�s1e 1 P�tkin co�my� �
notices and advertisements with the meaning of flie laH�s c�o..�a,n«Nw�v-aoua•,�o�,Pr,�,iai ;'
of die State of Colorado. ��•x.�a�or.�nwo oi c�m.y a�e uarc �
In Ihe CrysW Rivv PukSubdlMslon.
2 The ponion ol the road m he vwted rum
That the annexed legal notice or advertisement was pub- '°°N"'��r�omc.Y�mr,.kon.rt�w�ia: �-
SO.SI.52.53.51,55 uM IoH 65.66.67.and Z,af 1'.:..
lished in the regular and entire issue of ev ey numbcr of :n��s.i,ieua ;�'"
3.The Planning and Zonlag Commiaslon
said weekly newspaper for the period oF�consecu- �«�a cn�,�W�uo�o��u���,isss,„w •!
Hve insertions;and that the first ublication of said notice �W^d�h�.epuattobe�nrnmM�+Me�vimUe
p ita4 ut(areh In Ihe Pl�kin Coumy IaM Uae
w s in the issue of said newspaper dated cockrciu<am.o.ao.��m�..,�,u�
L Evldente and tellmoay wu pramted to
A.D.,19 °s� and that the last pub- m�eo.�a wicn respecl lo the proposed
lication f said notice was in the issue of said news a er °'°�e°u'awr�ouna v�hu�nn.me o�
P P Septenber 11,�sse,.�,.m�n n��n�aa,e �;•
dated t�-c��. 3� A.D.,19�• lound that the�pplkatlon meeb the Mtnla ol
//�� Me R1YN Counly land Use Cade
� // � NOW,TtiERFFOpE,9E R ORDAINED 6y Ihe �1
� Board ol County Cammisslooers ol Pilkln
County,Colorado,that It dw haraby gnnt
� pproval ol Ihe Country Club DrWe Rwd ��
V a e t b n a p p l l n tl on,s u E�e c t to�he Io 1 1 o Mnp
coneHlon•
, 1.The MWICaM shall adherc b all ma�erial ..
Su'sc ibed and sworn to before me, a notary `p"r„"`,b"um'o�.�,d�Mmeeppnuuo�.�aio (;�
lhe tl MInBS.
Copief ol Ihe proposed OrAlnance aro
yublic �and for the County of Pitkin,State of Colorado, awllable/or publlc Iropection dudn`reQula
6usiMSS hours M lhe 0111te ol Ihe Cluk and
on[his�day of �A.D.,19�. Recoedx.5�0 Eul Main Street Aryxq Cobndo '
816ILPhone(97�9265180. �
Jeantllelones.Depury CwntY�k I'. .
PubllshedlnTheASpenTlmnAugusl11.199G �y � .
Notary Public (
• My commission expires q-g-48-- �,.
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z��zoo�= o�� ��u�L�cn���loN .
s�t�nrE or ca�oizn�o> ,
�ss. Cop}�ti(Nuli�c . � r
Counly of Pilkin ) �
1.Andy 5lonc,do solemnly Swenr Ihnt 1 aii�Ihc lidllur
in Chle(o['1'I l(i ASP�N'1'IMIiS:UIiII lI1L'S�IIIC IS e wCC{:Iy
newspaper prL�led,ln,whole or In parl,nnd pabllsLcd In `
the Counly o[Pilkln,Slale ot Color�do,and Iwe n ticucral ��n� •
dtcuinllon thercin;11iat sald newsp��mr lias bcon�+irb- A�S���+�"���'�'+o
,llshed conUnuottslY and uninterrupledly in snkl Counly ���s�Y�uw.�nx�i,n,i,ffi '
, oE Pilkfn,[or n perlod o[more 16in fifly-lwo m�isca�Uvc ,�„�,��a�„$e„"�;m�,"�� �
weeks nexl pdor lo lhe flrsl public�lion of lhe annexed ��,�e"��m�°��pN .
� legal noUce or�dvetUsemenl;Il�al sald ncwspnper I�as +vP���+�wn aubmmea by Anns M.y cru�iUu
equntinQ 1 W i Har.vd Rerlew and Cmar�l
_ been admitled lv lhe Unlled Slales mnils�s second cl�ss `s„cea,:io,,.PV.�,.,i�„m«,�e�„nm�m..
. tnnller under Ute rovlsimus o[llie Ad uf M�rch 3,I¢79, °i°�`'""�""'""'�anda°'°'""�"tt '°ry
Q usa.The Popeb.PucN 5 Wel Soprb GeNC �.
or nny amettdmenls Uiereof ancl lhal sald t�ewspaper Is i �h Subdivlqon,I�located approxlmatdy 2
11ea up Weat Sopris Creek Road,uW I r
a weekly newsp�per duly quall(ied[or pub8shin�;Icrnl ���°��s�°1u,�`,�s16erwm f'
nolices and ndverUsemenls wl(h Ihe memdn�o(Ihc laws q�WhPbf.Forlmiheriniwmstloncontact
o(lhe Slale o[Colorado. ai�k M,Qm,i ine uo��/P�m�com�.�miy ':�',
. DevelcPmem�qwtmem(9'M 92PSOSL.CoPln t}:�"
. . ol the vroposed Resoluqon are rvallaEle lor . ���
' 1'I�al lhe annexed le nl noUce or adverlisenient wnx �ub- won�x�.acuon a�R¢mv n�w,m ma„ i
8 I muKOm�oiuKaat,�wrt�«a...�oe,n
Iished ln the regular and enlfre Isxue u[evcry nwnber o( �,��+v�.�..�eisu.rn,��my
sald weekly newspaper for the perivd o(i]_C0�15CCU- Jeu�eLLeJoMS,DepuqCOUnlyGerk •
, llve inserUons;nnd lliat H�e firsl puUllrntioh o[s�id nolice ao„edc��yc�mivm`�
w�s in the issue of snfcl newspnper dalcd �bllshedbThebpenTlmeiAugusl70,1996.
. �p A.U.,14�_ aud Usal Uic Insl pub- ',
�callon o[sa1J ttol(ce was in ltie issue of snid ncw=p�per
dal d�A.D.,19�b _ �
V
Subscri ed nnd sworn lo be[ore mc, n nol:n•y
pubilc In nd[or Ilie Cow�ly o[Pitkin,Stalc u(Colorndo, '
on lliis�_dayo[ �(I b A.I).,19°S(_. ' � •
,�`^-T'� U Co
Not�ry 1�blic �
My conunission exl�tres Q—�—4�
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. �'1ZOOI� Ol� 1'U13LICl1.'l'ION �
srn�•E or co�.oiznao 7 �
. )ss. Cc�J,y of Nulice ' �' .
Counly of Pitkiii ) -
1,Artdy 51oue,do soleuudy Fweor Ihal I;iu�lhc GdHor
in Cldef o[TI�1G ASPGN'1'IMGS:II1�I UIl'S1111C I5�WCCF;Iy
newspaper prinled.ln,whole or Li parl,and publlshed h�
lhe County bf I'ilkln,Slale of Colorndo,nnd h�s n gc�icrn{
clrculntlon thereln;!ha!snid newspaper lias becn pub-
,Iished rnntfnuously and aninlerrupledly ii�saic!Coiady
of i'llkin,for n pedod o(more fl�an fifly-tsvo consecuttve rue�.�e� "-`.—
RE:qAPHAE1,gOR CARETAKER.OWELUNG
weeks nexl prior lo[he firsl pablicalivn of ti�c annexed uvrr
- le al noUce or Adverlfsemenl;ltwl s�ict news,a,cr has NOT10E15H�'�+«e.wau�n�.n�e
s � � III be held on Wetlncstlay,SeptemAer 11,
, been admilted to llie Uniled Slales ui�lls as seconJ class I�•a�+��meenMmbemnu59Upm
• belnre Ibe 9na�d o/CountY Comm4ab`rcn,
. malter under Uie pravisiv�u o[ll�e Acl of March 3, f079, qsvin Counroom,5p6 E M�m 31.,A�pen�o
or any amendmenls lheteof�nd Ih�l snld hetv���e��CC�5 l �0���O�PP��catlon wbmiped py ReQin�
a weekl news 1 er dul uap0ecl for �ubllshin•Ir,�1 aie:a�v�ro'u a�a,�e�'�a e°V„'��,`,°�a„'�a
nolices nd adverlsemenls w1Ui U�e mcaning vf Ihc laws w'�n°„°`d,°D„°e°ue��„����",°�'�
a((hc S(nle o[Cvlorada °a0�'R'"�•F��wn��obr.�.uo��o�r,a
L*^ce C4rke u t6e Aryen/Phkln Communqy ,'�'
. . � 'Devei•.nment Department(9701920.5�52.
CoPles ol the propesed Reaolullon:re '
That lhe amiexed legal notice or acfvertisemenl�v�s tl��V- eqllable for publlc Irttpe��{p�during feeu�y
, lished fn Ihe te ular aud enlire issue o(evcr immber of bi3ne3b°""'"'�w��a��ck.t.oa
. s y Racortla.570EauMalnStreetAc •e
sald weekl news a ier for lhe erfvd a( a�su.r��� ?`"��°�°°d"
Y P � P 1 evnsecu- cs�m�eosieo. ,
live 1».serllons:ond t iat Hre tirsl publicnlion o[s�id uoUce '"�"'°"".°epit''"°"",y�
�/Ja�nes R True,Chdr
w, in U�e lsstte of snid nc�vs���cr d�led Boerda1Co��ty���.ro��
1 I wwun�a u�rn�,�a�„na�.we�io.�vss.
. �A.U.,19�� nnd lhal Ihe Insl pub- `
Itc�ltot�nolice w�s iu U�e isstie a[.nkt ne�v�paper
dal . . �o A.U.,19�l„ _
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5ubscribe und sworn lo befote me, n nc�lnry
publlc In nt (or I(ie Counly o[I'ilkln,Stalc ot C:cdor�clo, '
on Ihls_�_dny o[ .I).,19 q�_. � .
' �1�L ���_
Notary I'ublic
My cammission expires �'��
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/lspen,Colorado � .�'�
PROOP OF PUI3LICEITION �, ;
sTArc or co�o�.aao� ` '�
.� � )ss. �opy of Notice �
Cow,ty of Pitkin. .) " ' �
.� `
1,Aiid�Slvne,do solemnly sweaz that I am ihc Pdilor
in Chief of THG ASPGN TIMGS:thal tfic same is a wcekly
ncwspaper prinled,in,whole or in part,and published in �
the County of Pitkin,State of Colorado,and has a gencrat
circulation therein;that said newspaper 6ns been pub- rusucNOnca
lished co�itinuously and uninlerruptedly in said Cc�unty N077CE l5 HEREBY GIVEN TO 7HE GENERAL I
PUBUC:At their reeWU meelln{on Sepember
o(Pitkin,for a period of mom than tifty-two consccutivc tl,I9%,1he Pltkin County Board ol Cawly
weeks next rior to the Eirst u�licalion o[lhc annexed Commisaloaera adop(ed ResoluUOn 96979,
p P ¢.,mi�e ia�w=s�a a��i�w a�a oe�e�.i
legal notice or advertisement;that said newspaper has s�nmi..io�approval�o thc e,y�.Huek
Uecn admitled lo Ule United Slates mails as�ccoi�d dass w�e�Pri��i�°s«°i`�zi�w°.��.n�io s sown
. matter under the provisions of the Act of March 3,1879, R'"°`,�m nt Olao gr�nli e ves ed��ro�n� �
dcvel p pe y
or any amendmenls thereof,and that said newspaper is a Nen�w+�.���onnez�.enrxse.cxs.
i�«imd.o�w�r cw�ir ci�.n
a weekly newspaper duly qualiGed for publis(�ing Icgil PnWbhMlnTheAsprnTlmnonJw.25,1997.
notices and aaverlisements with UZe meaning o(lhe laws � �
o(the Statc o[Colondo.
2�4
That Ute annexed legal notice or advcrlisemcnl was pub-
lislied in!he regt�lar and entire essue of evcry nwnbcr of .
saicl weekly ne�vspaper(or the period of � conscur '
tive inser(ions;and that the first public�tion of said notice
was in the issue of said news�?a��cr datcd
�i� 1.� A.D.,19,�_ and lhal Ihc last pub- ,
licalion of said notice was in lhe issue of said newsp�per
daled 3Cm� �1S A.D.,19�_. '
' c_..� _
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Subscri ed and sworn to Uefore mc, � notary
public in and for lhe Counly of Pilkin,Statc af Colorado,
on this�.�day of'�Ul�.K�t A.b.,19 grl .
� Notary Pub ic �s s Q � .
My commission expires g�Q� �'���'�y r
�� FEe �n 199i � .
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nspen,Coforado ,,-;
PROOr OF PUBLICATION � ' .
STAT�OF COLORADO) _
)ss. Co}�y of Notice r �
Cowity of Pitkin .) . �
1,Mdy S(o��c,da solemnly swear that I am Ih�I?ditor
in Chief of 1'EIG ASPEN TIMGS:that the samc is a wcekly ' ;F
newspaper pri»ted,in,whofe or in part,and published in �
the County of Pitkin,St�te of Colorndo,and has n general
circulation therein;lhat said newspaper has bcen pub-
lished continuously and unintercupledly in soid County ' ". ;�
oF Pilkin,for a period of more than fi(ty-�wo conscculivc �:
weeks next prior Lo the first publicalion of lhe an�texed rusucrionce
Ic �!notice or adverlisement;that said new� ��cr has NOTICBISHERFBYGIVENTOtF4EGEHERM.
s° n•� Pl18UC:M Ndr reQWar msetMy on Septtlnber
been adtnitled lo the United Slates mails as second class �i,isss,m�ruk��c���rno..a oico���r • !
Commiss/o�e�s adopled RewWtlan 9G179 ' ' E
matter under the provisions of the Act of March 3,1ft79, e,,,,i�„B,�rowwan.�.�.�nnwwrndr . . .
� or an imendments lh¢rcoF,and that said news,n,cr is a '""*"'�pa�"'°"°"'�°°°�1aid`�"°"d
Y` 1 I m i�rauas��.s«xwa�s,r��v w sa,u�.
a weekly newspaper duly quatiFied for publishing Icgal Range65WSto11he6ihp.m.Thbsltespaltle
notices and addertisements wiNi Uie mcanin�of Ihe la��s ��PWg��,�����r��
of the State of Colorado. b °�R�'""i��ii t�aw�ircaumyae�t '
� PuWished In Tlie Aspm TMne oo l�a u.1997. . .
f.
That the annexcd legal notice or adver(isement was pub- ��
lished in the mgular and entire issue of evcry niunbcr of �
said weekly newspaper for the period of�_caisecu-
tive inserlions and that the first publication o(said notice �
, was in the issue of said newspaper d�ted ,4,
.t c.A a1.5� A.D.,19�_ and tliat the fast puU-
litation o(said notice was in tlie issue o(said netivspaper
d�ted .1od1 `.2S A.D.,19�_. •
' , �j. .. . �
Subscri ed and sworn to before me, a notary ` I
puUlic in nd for the County of Pitkin,Stale of Coloradq �
on this�2_day oF��_A.D.,19_��___. ,
��. �a�� � '
No41ry rub ic �y�y�;';;�_�' , . � ,
, My commission expires 9"Q-q�"i , � '.�
, FEB, "1 01997 . ; �.;
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Uox Ls � . ;..
Aspcn,Cvlvrnclo , , •;V
, • ' 4 •
�y Pft001:��0�1'U�LiC11'I'.I.ON �
s•rnrL or co�or�noo� � ���'��
. )ss. . Copy o[NoEice `/ �
Cou;nty of Pitkin ) ' .
I.Andy'51onc,clo solemnly swcar lhaf I am Ihc liililar .
in Chief of T!-1G ASl'L•N 71MGS:thal tlic sau,c;.n ivcckly '
newspaper�elnled,In,whole or in parl,�nd��ublislicd in ' f°
the Coun(y o(Pi(kin,State ot Colvrado,and Ims a�cnera! - ,P�B��NOnc�` ,
ciradnlion tl�erein;lhat said news��aper has bcen�)liV- NOTiCEI38FRFHYGIVFNTOIHEGENF1tAL •
Nshed eoniinuousl �nd unintcrru Icdt in a:�id Cvunt rueuc of Ihe approwl ol a zlle fpecllle •
Y P Y Y developmenlplan.andtho-ercalbno(avated , • '•
o[Pilkin,for�period of utore lhan fi(ty-b��n causeculive vbxc�neh�v��:�e�orwez�.em�i�sa , y'.;
•Colota o Revlsed'Statutes,per(a1NnQ lo lM1e � '� .t�...
�veeks next prior lo tlie f(rst publication o(Ihe:IIUICXI'(I Io1lowingdescribedproperly.5hlcldPropeny • �
le al nolice or adverlisementJ IIIOI 5:11CI I1C\\'S lfl�CY IIAS more particulady deacrlbed.:v�oP�,�y ,�;^ �;-
G I ] i«.«e�,.i oi,�a�a:im,�.a m s�uo�zo, i:
been admilled lo Ure Unlled Sla(es.mails as sr.cond class Townshlp 10South;pangebl WKtollhe5lxlh ,
��PonclpalMaldan:..� �:'-� - �
maller under Ilm provisions of Ilm i1c!nf�-0;ncl�3,1N79, auowuo�se-zrs er ine eoam oi cou��y �
� or an amectdmenls lhereo(,8I7(I U18L 58ItI 11C W::�q�CI'IC 1 Commiszloners ol Pllkiq County„Colorddo,
Y � � Cranting F temton af Vested Real Property
�tVCCICIY IlCWS(l:t(1fC CIGIY(1lf:lI1�ICCI IUr(?t1I)II:IItI��IC�i7I ��RlShts lar lhe SIfINd'Properly.'Approved . .. . :'
�Seplanber 11.19%.. .. �
nolices and adverlisemenls wilh lhe meaninj;of U�c I;twS 'hanetteJann;UepuryCmnryC7uk
h
o(11�e5lalcofCvlarado. , ww�iKdi�n�nap��n��.a��s;isvu ' �.
;''�'_.;..:
• That Ihe annexed legal nolice or advcrlisemcnl wa.pub- ' �
lished in lhe regular and entirc issuc of evcry numbcr of
. said weekly newspaper fur the period uf�_consecu- - . • .
� ; live insertions;nnd lliat d�e first publicalion ed snid��otice
wa,s i�` lhe issue of sald uewspaper daled � �,{:� '
tJC�.\Q A.U.,19�� and lliol il�c last pub- � '.i,' �z,
•licalion o[s id nolicc was in lhc issuc o[said ncivs�mrcr _ ��j•� y'
� date e'. �� A.b.,19�_. , .�:�' . .
. ' .4'•,!'I{. � � "�
_ , �. �'� � ��: li
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Subscri ed and sworn to be(ore n�c, a nol�ry • , '•.ti:. i• '
public in and for the County o(Pitkln,Stalc c�f Colur;ido, �''�;;�:�� . � i � y
on Ihis day of A.D l9�_• ''i .� ;•r : ,
WO� . . ` 'I''Ii.��j ,; �o -
. �.i";�,; ;
Nvtary Public ' ' . , . . :��'s.';!.''.� I � .�
My eomtnission ex��ires
—4— £�— . . . �. ;;'! i s.. .�;
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