HomeMy WebLinkAboutpitkin.planning.264308200001 (2)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF
ORDER
INFORMATION
LISTED BELOW IN THE FOLLOWING
Summary Sheet
Resolution for the BOCC and /or P &Z
Ordinance for the BOCC and /or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
PARCEL ID: 1 �2643-082-00-061 01COPI EIS: CASE "&P1,20-94
CASE NAME:jWax (Anders_on) _ Minor 1041 _Hazard _Review ______
Planners
PROJ ADDR: 1190 Letey Ln (CDU 188 Letey Ln) S-T-R 5-9-85
OWN/APP: Wax, Richard ADR C/S/Z:
REP:
Email Addr:
FEES DUE:
REFERRALS
ADR:
FEES RCVD
C/S/Z:
PHN:
PHNI
ALLOCATED HOURSI
% OVER:
11/9/1994
REF: BY DUE:
MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION:
BOCC Reso:
BOCC Ord:
PZ:
HRG OFF: fStaff Approval 11
HO INDEX:
ADMIN:
PLAT RECORDED 1 1/10/1995-- PLAT (BK,PG): [E35 P93 #377936 ADMIN INDEX:
...........
VIR APPROVAL DATE: I VR EXPIRES:
CASE TYP: 11041 Hazard R_ev_ie.w..._. CASE TYPS:
CASE TYP2: CASE TYPE:
CASE TYP3:1 CASETYP7:
CASE TYP4:
File Location: IFF Box #218
Date Scanned: 8/1/12
M�i,
No
REMARKS
CLOSED:
BY:
BOCC Reso:
BOCC Ord:
PZ:
HRG OFF: fStaff Approval 11
HO INDEX:
ADMIN:
PLAT RECORDED 1 1/10/1995-- PLAT (BK,PG): [E35 P93 #377936 ADMIN INDEX:
...........
VIR APPROVAL DATE: I VR EXPIRES:
CASE TYP: 11041 Hazard R_ev_ie.w..._. CASE TYPS:
CASE TYP2: CASE TYPE:
CASE TYP3:1 CASETYP7:
CASE TYP4:
File Location: IFF Box #218
Date Scanned: 8/1/12
M�i,
CASELOAD SUMMARY SHEET
PITKIN COUNTY 0- �� j r0 j� 3
DATE RECEIVED: 10/7/94
DATE COMPLETE:
STAFF MEMBER: TM
CASE # P120 -94
PARCEL ID# 2643- 082 -00 -001
PROJECT NAME: Anderson Minor 1041 Review
Project Address: 190 Letey Lane Woodv Creek, CO
APPLICANT: Angus Anderson 925 -1284
Applicant Address: 190 Letey Lane, & _WAX
REPRESENTATIVE: Diane Moore
Representative Address /Phone: 303 West Francis
Aspen, CO
FEES: PLANNING $ 215
ENGINEER $ 60
HOUSING $
ENV. HEALTH $ 60
TOTAL $ 335
# APPS RECEIVED 8
# PLATS RECEIVED 8
TYPE OF APPLICATION: STAFF APPROVAL: X 1 STEP: 2 STEP:
DRC MEETING DATE
P &Z MEETING DATE
BOCC MEETING DATE
HEARING OFFICER MEETING
REFERRALS:
Attorney
Engineer
Housing
Aspen Water
Envir.Hlth.
Zoning
Land Mgmt.
Airport Mgr.
Sheriff
City P & Z
Building Dept
DATE:
Aspen Consol S.D.
Rocky Mtn Nat Gas
Holy Cross
Aspen Fire
Basalt Fire
Carbondale Fire
Div. Water Res.
State Forest Ser.
CO Geo.Survey
CDOT
Clean Air Board
PUBLIC HEARING: YES NO
PUBLIC HEARING: YES NO
Brush Ck Metro Dist
School District
USFS (Carbondale)
USFS (Aspen)
Div. of Wildlife
BIM
Snowmass Village
Risk Manager
Caucus
Homeowners
Open Space Board
Other:
Other:
DATE REFERRED: lC q INITIALS: ✓✓ DATE DUE:
RESOLUTION #:
DATE:
PLAT OR SITE PLAN RECORDED AT BOOK PAGE(S)
FINAL ROUTING:
County Attorney
Housing
Open Space Bd.
Other:
FILED:
000001 a-C 3`-
DATE ROUTED:
INITIAL:
County Engineer Zoning
Envir. Health Applicant
Revised 05/16/94
• -AK
I
PITKIN COUNTY
LAND USE APPLICATION. FORM
OWNER'S NAME "104A F�! -WM
i
ADDRESS /I 0
•
REPRESENTATIVE'S NAME IQ MOOR-F, �/C�AQJ
--L-
ADDRESS O !%
PHONE �U30
PROJECT NAME ANdecSON l''ANOF— D I A/
PROJECT LOCATION LL 10 ,5egh'on 5- + (0� 3 5�c*an 8, 1&41-n 1W-
PARCEL ID ER
LOT SIZE
EXISTING USES W
PROPOSED USES
DESCF,IPTIOIJ OF, THE
(Street Address and Legal Description) r-? ID W ��
Owl - c o - cry i
ES PRESENT ZONING PISS ~ 20D
(Include
ioor-
All information above must be completed and a copy of the pre - application conference sheet
included otherwise application will be deemed incomplete. All blueline maps should be folded.
To be Completed by the Planning Office:
Type of Application:
EDU (701 -1500 sq. ft.) General Submission
Caretaker Dwelling Unit
(700 sq. ft or less)
Other Dwelling Unit
(R-6 or R -15 Zone District)
1041 Env. Hazard Review
Subd- -lion Review
Rezc:: - -c
Gthe-
Scenic Overlay
Special Review
Subdivision Exemption
GMQS Exemption
Planned Unit Develo:!::ient
� v
t
§�jCs.)(aA 0 --520 (o
EX i+I B IT -I-
PITRIN COUNTY
PRE - APPLICATION CONFERENCE SUMMARY
DATE: PLANNER:
PROJECT:
APPLICANT'S REPRESENTATIVE: UVIL!/T�/I
REPRESENTATIVE' S PHONES :
OWNER' S NAME: 4 G(��
1. Type of Application:
2. Describe action /type of
1 �t 1 r t ailw xi �c� �
3.Area in ichplicant
of reports requested:
Policy Area/
Referral Agent
SUMMARY
zlo ent e
sj been req�
Comments
Please adress the following Code Sections:
equested
sted to respond, types
n vi ✓�v!M Com/I'1Gc ,G!G�.ri�, y f%lI"Ccky
&
4. Review is before: P & � zZ Only) ( Bocc y) �BOCC)
5. Public Hearing: (Yes) (I0 At: (P &Z) (BOCC) (BOTH P &Z & BOCC)
6. The applicant needs to post a sign for eac .A public hearing
pursuant to Section 6 -3.4 of the Code. (YES)
7. Did you tell a plicant to submit list of ADJ CENT PROPERTY
OWNERS? (YES) (p 00 Disclosure of Ownership: (�y (NO)
V
S. Number of copies of the application to be submitted:
C� 9. What deposit was applicant requested to submit: ,P335,00
1,n oej &24a- � re la wl �1;4n 5`1 191eeU ovi�c ` �vw
U t� X13 c � c�/V�' Yl (Jt%(/ �T.'l� r Y ,d�'n 1 / �l r'"' (� �(/✓
G Y to) f411 X16 0)Y.
TO: Suzanne Konchan, County Planning Director
FROM: Suzanne Wolff, Planning Office
RE: Anderson Administrative 1041 Hazard Review
DATE: November 9, 1994
APPLICANT: Angus Anderson
REPRESENTATIVES: Diane Moore and Richard Wax
LOCATION: Between Upper River Road and the Roaring Fork River; a
tract situated in Lot 10, Section 5 and Lot 3, Section 8, Township
9 South, Range 85 West of the 6th P.M.
ZONING: The site contains approximately 6.5 acres and is zoned
RS -20.
ACCESS: The applicant proposes to construct a private 18 foot wide
driveway from Upper River Road to the residence. To obtain an
access permit, the applicant must secure easements from the
Southern Pacific Railroad and Michael Underwood, owner of an
adjacent strip of land. The use of the existing access via Grange
Way and Letey Lane would be preferable with regard to minimizing
the number of cuts on the County Road, as suggested by Joanna
Schaffner and Bud Eylar, but Grange Way does not provide a legal
access to the property. The proposed driveway from Upper River
Road will provide a legal access, and, therefore, meets the
requirements of the Land Use Code.
WATER AND SEWER: The applicant proposes to install an on -site well
and an on -site individual sewage disposal system.
REQUEST:
The applicant requests administrative 1041 Review and approval for
a building envelope for construction of a single family residence.
The site is encumbered by mapped floodplain hazard, riparian
habitat, low wildfire hazard and slopes in excess of 30 %. The
building envelope avoids all of the mapped hazard areas.
1
00 U4
STAFF COMMENTS
1041 REVIEW
Geologic
Slopes in excess of 30% separate the lower portion of the property
adjacent to the Roaring Fork River and the flat, upper portion
where the building envelope is proposed to be located. The
building envelope avoids the steep slopes, however, the boundary
of the building envelope adjacent to the slope should be set back
20 feet from the edge of the slope to ensure that the slope and
vegetation are not disturbed. To accommodate the existing shed
within the building envelope, the setback from the slope shall be
reduced to 10 feet in the area adjacent to the shed.
Floodplain /Riparian Areas
The floodplain of the Roaring" Fork River encroaches on the Anderson
parcel. The proposed building envelope is located outside of the
100 year floodplain as designated on the site plan and no
development will impact the riparian areas.
Wildfire
Steve Crockett, Emergency Services Coordinator, visited the site
and determined that the wildfire hazard rating is 110 - No Hazard ".
The building site is flat and is covered with low grasses.
FINDINGS:
1. The geologic, floodplain, riparian and wildfire hazards are
mitigated through avoidance.
2. The proposed driveway will provide a legal access to the
property.
3. The applicant has provided a draft site plan.
4. The County Attorney is satisfied that the property was legally
created.
RECOMMENDATION:
Pursuant to Section 3- 801(B) (1) of the Land Use Code, the Planning
Director is authorized to approve a site plan and application for
a Minor 1041 Hazard Review. Based on the findings referenced
above, Staff recommends approval of the Anderson Minor 1041 Hazard
Review. Said approval is subject to the conditions of approval
2
0 u0U55
listed below. This memo will serve as a reference document
authorizing approval of said application. Planning Director's
sign -off on a 1041 Hazard Review Site Plan is also necessary for
completion of the administrative review process. The Site Plan
shall be recorded in the Clerk & Recorder's office, and a copy
shall be placed in the file.
CONDITIONS OF APPROVAL:
1. The applicant shall record a 1041 Site Plan, prior to
submission of any building permit applications. All
conditions of approval shall be noted on the site plan. The
plan shall be modified in the following manner:
a. The boundary of the building envelope adjacent to the
slope should be set back 20 feet from the edge of the
slope, except adjacent to the existing shed, where the
setback from the slope shall be reduced to 10 feet.
b. The site plan shall be titled "Anderson 1041 Hazard
Review Map ".
C. The signature block for the Chair of the Board of County
Commissioners shall be removed and replaced with the
signature block for Suzanne Konchan, Community
Development Director.
2. Proof of legal access to the property shall be provided before
approval of the 1041 Site Plan.
3. Prior to issuance of a septic permit, the applicant shall
provide documentation to the Environmental Health Department
as to the location of the well and the quantity /quality of the
water once the well is drilled.
4. A septic permit shall be obtained from the Environmental
Health Department, prior to issuance of a building permit.
5. If required, a f irep lace/ woodstove permit shall be approved
by the Environmental Health Department prior to issuance of
a building permit.
6. All material representations made by the applicant in the
application shall be adhered to and considered conditions of
approval, unless amended by other conditions.
3
,�i (nd L,----
Suz n onchan
Count P anning Director
Date
Attachments
111151?v-�
Date
1. Application
2. County Zoning Officer's Comments
3. Environmental Health Officer's Comments
4. County Engineer's Comments
5. Emergency Services Coordinator's Comments
6. Letter from John Ely, County Attorney, dated 9/22/94
7. Site Plan
4
006007
on
Contract No. 2 4
PRIVATE WAY LICENSE
THIS AGREEMENT, Made and entered into this 13 day of A.D. 199",
by and between THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a corporation of
the State of Delaware, hereinafter called the "Licensor" party of the first part,
and Richard Wax, an invividual, mailing address, 303 West Francis Street, Aspen,
Colorado, 81611
hereinafter called the "Licensee" party of the second part:
WITNESSETH, That the Licensor, for and in consideration of the covenants and
agreements of the Licensee herein contained and upon the terms and conditions
hereinafter set forth, hereby licenses and permits the construction, maintenance and
use of the Private Way or private ways hereinafter described (hereinafter called
"Private Way ") across the right of way and track or tracks of the Licensor as herein
specified, to wit:
A 16 foot wide private road crossing at grade across the right of way and main
track of the Locensor's Aspen Branch at Mile Post 392.21 near Woody Creek, Pitkin
County, Colorado within Southwest quarter of Section 5, T9S, R85W, 6th P.M.
This License is expressly conditioned upon the performance by the Licensee
of all and singular the covenants and agreements hereinafter set forth to be by
said Licensee kept and performed, each of said covenants and agreements being hereby
made a condition; and it is also hereby stipulated that a waiver by the Licensor of
any breach of any condition shall in no way impair the right of the Licensor to
avail itself of any subsequent breach of the same or any other condition.
PRIVATE WAY as and wherever said term is employed herein, shall mean a way
for travel for pedestrians, vehicles, implements and live stock. Licensee agrees
said Private Way shall be used for the following purpose and for no other, to -wit:
Ingress and egress to residence.
And said term shall include such grading, approaches, planking, ditches,
drains, tiling, drain boxes, culverts, cattle guards, wing fences and fences, gates
with proper hinges and latches, raising of telegraph, telephone and signal wires for
proper clearance, and such signals, bells, sign post and signs and other safety
devices as shall in the particular instance be required by the Licensor, or which
may now or hereafter be prescribed and required by any law, State or Federal, or by
any order of any officer or regulatory board, State or Federal, having jurisdiction
over such matters.
The foregoing License As subject to all outstanding superior rights (including
those in favor of telegraph and telephone companies, lessees of said right -of -way
and others) and the right of the Licensor to renew and extend the same.
1• If the Licensor shall elect to construct said Private Way or a
portion thereof, and shall so notify the Licensee, the Licensee agrees to pay to the
Licensor, in advance, such sum of money estimated to be $ -O -, as shall be necessary
to construct such portion or all of said Private Way, including the cost of all
necessary material and the transportation thereof and the cost of all labor and
superintendence. If the Licensor shall elect not to construct said Private Way,
the Licensee shall furnish material for, and construct said Private Way at the sole
cost and expense of the Licensee, in such manner and according to such plans as the
00U008
1
CM
Licensor may deem best for the safety and proper protection of the track, roadbed
and premises of the Licensor. If the amount to be advanced by the Licensee as
hereinbefore provided should be in excess of the amount required, the excess shall
be returned to the Licensee, if such amount should not be sufficient to cover the
expense of work done by the Licensor, the Licensee shall pay such additional amount
to the Licensor on demand.
2. The Licensee shall, at the sole cost and expense of the
Licensee, maintain, repair, and reconstruct, whenever necessary and when required
so to do by the Licensor, said Private Way and all its appurtenances in accordance
with plans and in a manner satisfactory to the Licensor; and at all times keep said
Private Way in a good state of repair; the Licensor, however, shall have the right,
if it so elects, at any time, though it shall be under no obligation whatever to do
so, to make necessary or proper repairs or to reconstruct said Private Way,
notwithstanding the obligation of the Licensee to maintain, repair and reconstruct;
and in the event the Licensor at any time elects to repair or reconstruct said
Private Way, the Licensee shall, upon presentation of estimates, advance such sum
of money as the Licensor may deem necessary for such repair or reconstruction, or
upon bill being rendered for work already done, the Licensee shall reimburse the
Licensor for the cost of such repair or construction. The optional right of the
Licensor to make repairs or to reconstruct said Private Way shall in no manner or
degree relieve the Licensee from responsibility to the Licensor or to other persons
or corporations for the failure of the Licensee to properly maintain or reconstruct
said Private Way, or any structure which the Licensee agrees, as aforesaid to
maintain or reconstruct.
3. The Licensee agrees to pay to the Licensor, in advance, the sum
of $ 250.00 , as consideration for license and permit herein granted.
4. If at any time after the installation of said Private Way, any
law, State or Federal, or any officer or regulatory board or commission, State or
Federal, having jurisdiction, shall require any alterations, changes or improvements
of said Private Way and of its appurtenances, as herein defined, or any additional
safeguards, protection, signals or warnings, the same shall be constructed,
maintained and operated at the sole expense of the Licensee, as herein provided with
respect to maintenance, repair, reconstruction, etc., in paragraph 2 hereof.
5. The Licensee shall not enter upon the premises for the purpose
of constructing said Private Way nor for the purpose of repairing or renewing the
same, without special written license or permit first had and obtained from the
Licensor, or the Licensor s duly authorized agent, except in cases of emergency when
work is necessary to avert loss or damage to property. All work of construction,
maintenance, operation or reconstruction shall be done by the Licensee in such
manner as to cause no interference with the constant, continuous and uninterrupted
use of the tracks and property of the Licensor as to operation, maintenance,
renewals or possible new construction by the Licensor.
6. This License shall not be deemed to give the Licensee exclusive
Possession of any part of the premises described, but the Licensor shall have
unimpaired right to retain its track or tracks as now owned and operated at the
place of construction of such Private Way, and nothing shall be done or suffered to
be done by the Licensee at any time that shall in any manner impair the usefulness
or safety of said track or tracks of the Licensor or of any track or improvement to
be hereafter constructed. The Licensor shall have the right at any and all times
hereafter to construct, maintain and operate such additional tracks, structures and
4
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2
s
improvements where said Private Way is to be constructed and across the same, as it
may from time to time elect; and in case of any change at any time in the
arrangement, construction or plan of the Licensor's tracks, or in case of the
consruction of any buildings or improvements by the Licensor, said Private Way
ll
sha. be altered or entirely removed by the Licensee at the sole cost and expense
of the Licensee, in such manner as may be necessary to conform to the tracks,
building or improvements of the Licensor as so changed, altered or improved, and if
the Licensee shall fail to do any of the things in this paragraph enumerated, the
Licensor may do or cause the same to be done at the cost of the Licensee.
7. The Licensee shall at all times protect, indemnify and save
harmless the Licensor from any and all claims including claims of negligence against
Licensor, demands, judgments, cost, expenses, and all damage of every kind and
nature made, tendered or incurred by or in behalf of any person or corporation
whatsoever, in -my manner due to or arising out of any injury to or death of any
person, or damage to property of any person or persons whomsoever, including the
parties hereto and their officers, families, servants and employees, in any manner
arising from or growing out of the construction, maintenance, operation, repair,
extension, renewal, existence, use or removal of said Private Way, or the failure
to properly construct, operate, maintain, renew or remove the same, and from all
costs and expenses, including attorneys' fees connected in anywise with the matters
and things contained in this Agreement. Neither the right of supervision by the
Licensor of the location, installation, operation and the maintenance of said
Private Way, nor the exercise or failure to exercise said right, nor the approval
or failure to disapprove, by the Licensor of the location, installation, operation
and maintenance of said Private Way, nor the election of the Licensor to construct
or reconstruct the whole or any part or to repair said Private Way, shall be deemed
a waiver of the obligations 3f the Licensee contained in this paragraph or a release
therefrom, or from any other -)bligation of this agreement resting upon said Licensee
that is hereinbefore or hereinafter expressed or implied.
' 8. If the Licensee shall fail to locate, construct, operate,
repair, extend, renew or remove said Private Way in accordance with the terms of
this License and to the entire satisfaction of the Licensor, or shall fail to pay
to the Licensor any sum of money for the construction, repair, extension, renewal
or removal of said Private Way, or shall fail to adjust the said Private Way to any
changes made by the Licensor, or shall in any respect fail to keep and perform any
of the conditions, stipulations, covenants and provisions of this License to be kept
and performed by the said Licensee, this Agreement shall at the option of the
Licensor be void and of no effect; and this License shall cease and the Licensor
shall have the right to remove said Pri,,ate Way and restore the right of way and
premises of the Licensor at any time thereafter at the sole expense of the Licensee.
Any forfeiture hereunder may be claimed by the Licensor without notice to the
Licensee. Any notice herein provided for shall be sufficiently given and delivered
if mailed in an envelope properly stamped and addressed to the Licensee at the last
known post office address, or if no address is known, at the post office nearest to
the place where the said Private Way is located.
9. Non -use of such Private Way for the purpose for which it was
originally constructed, continuing at any time for the period of one year, shall
constitute an abandonment of this License. Unless so abandoned or terminated, as
hereinabove or hereinafter provided, this License and Agreement shall remain in full
force and effect until terminated by written notice given by either party to the
other party not less than sixty days in advance of the date of such termination; but
it is understood that if at any time the maintenance and operation of said Private
Way shall be inconsistent with the use by the Licensor, of the right of way for
railroad purposes, this License shall immediately cease ipso facto.
3
60010
10. • Within thirty days after the termination of this License
4 howsoever, the Licensee at Licensee's sole expense, shall, if the Licensor so
.. desires the Licensee to do, remove the said Private Way (including all approaches,
planking, gates, and all other structures constructed in connection with said
Private Way) and restore the premises of the Licensor, including all right -of -way
fences, to a condition which will be satisfactory to the Licensor, and if the
Licensee fails so to do, the Licensor may do such work of removal and restoration
at the expense of the Licensee. In the event of the removal of the Private Way as
in this section provided, the Licensor shall not be liable to the Licensee for the
damage sustained by Licensee for or on account of such removal, and such removal
shall not prejudice or impair any right of action for damages or otherwise which the
Licensor may have against the Licensee.
M
M
11. (This Paragraph 11 left blank intentionally.)
12. The covenants, stipulations and conditions of this Agreement
shall extend to and be binding upon, the Licensor, its successors and assigns, and
shall extend to and be binding upon the Licensee and the heirs, administrators,
executors, successors and assigns of the Licensee (as the context may admit), and
the term "Licensee" used herein shall be held to include such persons,
copartnerships or corporations as are mentioned herein as of the second part. The
Licensee shall not assign this License or any interest therein directly or
indirectly, nor encumber the same without the written consent of the Licensor first
had and obtained.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed the day and year first hereinabove written.
ATTEST:
ATTEST:
1U, ii
4
THE DENVIA AND RIO GRANDE
WESTER TRO4-'VOMPANY
By:
Licensee
t
S
PRIVATE WIT LICENSE
Contract No. 3 1 1 � U f
THIS AGREEMENT, Made and entered into this day ofc=u:•�_ �_ A.D. 1Q9U,
by and between THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a corporation of
the State of Delaware, hereinafter called the "Licensor" party of the first part,
and Richard Wax, an individual, mailing address, 303 Hest Francis Street, Aspen,
Colorado, 81611
hereinafter called the "Licensee" party of the second part:
WITNESSETH, That the Licensor, for and in consideration of the covenants and
agreements of the Licensee herein contained and upon the terms and conditions
hereinafter set forth, hereby licenses and permits the construction, maintenance and
use of the Private Way or private ways hereinafter described (hereinafter called
"Private Way ") across the right of way and track or tracks of the Licensor as herein
specified, to wit:
A 16 foor wide private road crossing at grade across the right of way and main
track of the Licensor's Aspen Branch at Mile Post 392.40near Doody Creek, Pitkin
County, Colorado within Northeast quarter of Section 8,1'9S, 11851:, 6th P.M.
This License is expressly conditioned upon the performance by the Licensee
Of all and singular the covenants and agreements hereinafter set forth to be by
said Licensee kept and performed, each of said covenants and agreements being hereby
made a condition; and it is also hereby stipulated that a waiver by the Licensor of
any breach of any condition shall in no way impair the right of the Licensor to
avail itself of any subsequent breach of the same or any other condition.
PRIVATE WAY as and wherever said term is employed herein, shall mean a way
for travel for pedestrians, vehicles, implements and live stock. Licensee agrees
said Private Way shall be used for the following purpose and for no other, to -wit:
Ingress and egress to residence.
And said term shall include such grading, approaches, planking, ditches,
drains, tiling, drain boxes, culverts, cattle guards, wing fences and fences, gates
with proper hinges and latches, raising of telegraph, telephone and signal wires for
proper clearance, and such signals, bells, sign post and signs and other safety
devices as shall in the particular instance be required by the Licensor, or which
may now or hereafter be prescribed and required by any law. State or Federal, or by
any order of any officer or regulatory board, State or Federal, having jurisdiction
over such matters.
The foregoing License is subject to all outstanding superior rights (including -
those in favor of telegraph and telephone companies, lessees of said right -of -way
and others) and the right of the Licensor to renew and extend the same.
I. If the Licensor shall elect to construct said Private Way or a
portion thereof, and shall so notify the Licensee, the Licensee agrees to pay to the
Licensor, in advance, such sum of money estimated to be $ -0 -, as shall be necessary
to construct such portion or all of said Private Way, including the cost of all
necessary material and the transportation thereof and the cost of all labor and
superintendence. If the Licensor shall elect not to construct said Private Way,
the Licensee shall furnish material for, and construct said Private Way at the sole
cost and expense of the Licensee, in such manner and according to such plans as the
a uUiZ
l\ n�
Licensor may deem best for the safety and proper protection of the track, roadbed
and premises of the Licensor. If the amount to be advanced by the Licensee as
hereinbefore provided should be in excess of the amount required, the excess shall
be returned to the Licensee, if such amount should not be sufficient to cover the
expense of work done by the Licensor, the Licensee shall pay such additional amount
to the Licensor on demand.
2. The Licensee shall, at the sole cost and expense of the
Licensee, maintain, repair, and reconstruct, whenever necessary and when required
so to do by the Licensor, said Private Way and all its appurtenances in accordance
with plans and in a manner satisfactory to the Licensor; and at all times keep said
Private Way in a good state of repair; the Licensor, however, shall have the right,
if it so elects, at any time, though it shall be under no obligation whatever to do
so, to make necessary or proper repairs or to reconstruct said Private Way,
notwithstanding the obligation of the Licensee to maintain, repair and reconstruct;
and in the event the Licensor at any time elects to repair or reconstruct said
Private Way, the Licensee shall, upon presentation of estimates, advance such sum
of money as the Licensor may deem necessary for such repair or reconstruction, or
upon bill being rendered for work already done, the Licensee shall reimburse the
Licensor for the cost of such repair or construction. The optional right of the
Licensor to make repairs or to reconstruct said Private Way shall in no manner or
degree relieve the Licensee from responsibility to the Licensor or to other persons
or corporations for the failure of the Licensee to properly maintain or reconstruct
said Private Way, or any structure which the Licensee agrees, as aforesaid to
maintain or reconstruct.
3. The Licensee agrees to pay to the Licensor, in advance, the sum
of S 250.00 , as consideration for license and permit herein granted.
4. If at any time after the installation of said Private Way, any
law, State or Federal, or any officer or regulatory board or commission, State or
Federal, having jurisdiction, shall require any alterations, changes or improvements
of said Private Way and of its appurtenances, as herein defined, or any additional
safeguards, protection. signals or warnings, the same shall be constructed,
maintained and operated at the sole expense of the Licensee, as herein provided with
respect to maintenance, repair, reconstruction, etc., in paragraph 2 hereof.
5. The Licensee shall not enter upon the premises for the purpose
of constructing said Private Way nor for the purpose of repairing or renewing the
same, without special written license or permit first had and obtained from the
Licensor, or the Licensor's duly authorized agent, except in cases of emergency when
work is necessary to avert loss or damage to property. All work of construction,
maintenance, operation or reconstruction shall be done by the Licensee in such
manner as to cause no interference with the constant, continuous and uninterrupted
use of the tracks and property of the Licensor as to operation, maintenance,
renewals or possible new construction by the Licensor.
6. This License shall not be deemed to give the Licensee exclusive
possession of any part of the premises described, but the Licensor shall have
unimpaired right to retain its track or tracks as now owned and operated at the
place of construction of such Private Way, and nothing shall be done or suffered to
be done by the Licensee at any time that shall in any manner impair the usefulness
or safety of said track or tracks of the Licensor or of any track or improvement to
be hereafter constructed. The Licensor shall have the right at any and all times
hereafter to construct, maintain and operate such additional tracks, structures and
2
6
�jJ.3
'~ mprovements where said Private Way is to be constructed and across the same, as it
may from time to time elect; and in case of any change at any time in the
arrangement. construction or plan of the Licensor's tracks, or in case of the
construction of any buildings or improvements by the Licensor, said Private Way
shall be altered or entirely removed by the Licensee at the sole cost and expense
of the Licensee, in such manner as may be necessary to conform to the tracks.
building or improvements of the Licensor as so changed, altered or improved, and if
the Licensee shall fail to do any of the things in this paragraph enumerated, the
Licensor may do or cause the same to be done at the cost of the Licensee.
7. The Licensee shall at all times protect, indemnify and save
harmless the Licensor from any and all claims including claims of negligence against
Licensor, demands, judgments, cost, expenses, and all damage of every kind and
nature made, rendered or incurred by or in behalf of any person or corporation
whatsoever, in any manner due to or arising out of any injury to or death of any
person, or damage to property of any person or persons whomsoever, including the
parties hereto and their officers, families, servants and employees, in any manner
arising from or growing out of the construction, maintenance, operation, repair,
extension, renewal, existence, use or removal of said Private Way, or the failure
to properly construct, operate, maintain, renew or remove the same, and from all
costs and expenses, including attorneys' fees connected in anywise with the matters
and things contained in this Agreement. Neither the right of supervision by the
Licensor of the location. installation, operation and the maintenance of said
Private Way, nor the exercise or failure to exercise said right, nor the approval
or failure to disapprove, by the Licensor of the location. installation. operation
and maintenance of said Private Way,-nor the election of the Licensor to construct
or reconstruct the whole or any part or to repair said Private Way, shall be deemed
a waiver of the obligations of the Licensee contained in this paragraph or a release
therefrom, or from any other obligation of this agreement resting upon said Licensee
that is hereinbefore or hereinafter expressed or implied.
a. If the Licensee shall fail to locate, construct, operate,
repair, extend, renew or remove said Private Way in accordance with the terms of
this License and to the entire satisfaction of the Licensor, or shall fail to pay
to the Licensor any sum of money for the construction, repair, extension, renewal
or removal of said Private Way, or shall fail to adjust the said Private Way to any
changes made by the Licensor, or shall in any respect fail to keep and perform any
of the conditions, stipulations, covenants and provisions of this License to be kept
and performed by the said Licensee, this Agreement shall at the option of the
Licensor be void and of no effect; and this License shall cease and the Licensor
shall have the right to remove said Private Way and restore the right of way and
premises of the Licensor at any time thereafter at the sole expense of the Licensee.
Any forfeiture hereunder may be claimed by the Licensor without notice to the
Licensee. Any notice herein provided for shall be sufficiently given and delivered
if mailed in an envelope properly stamped and addressed to the Licensee at the last
known post office address, or if no address is known, at the post office nearest to
the place where the said Private Way is located.
9. Non -use of such Private Way for the purpose for which it was
originally constructed, continuing at any time for the period of one year, shall
constitute an abandonment of this License. Unless so abandoned or terminated, as
hereinabove or hereinafter provided, this License and Agreement shall remain in full
force and effect until terminated by written notice given by either party to the
other party not less than sixty days in advance of the date of such termination; but
it is understood that if at any time the maintenance and operation of said Private
Way shall be inconsistent with the use by the Licensor, of the right of way for
railroad purposes, this License shall immediately cease ipso facto.
3
u J'4
M
10. Within thirty days after the termination of this License
howsoever, the Licensee at Licensee's sole expense, shall, if the Licensor so
desires the Licensee to do, remove the said Private Way (including all approaches,
Planking, gates, and all other structures constructed in connection with said
Private Way) and restore the premises of the Licensor, including all right -of -way
fences, to a condition which will be satisfactory to the Licensor, and if the
Licensee fails so to do, the Licensor may do such work of removal and restoration
at the expense of the Licensee. In the event of the removal of the Private Way as
in this section provided, the Licensor shall not be liable to the Licensee for the
damage sustained by Licensee for or on account of such removal, and such removal
shall not prejudice or impair any right of action for damages or otherwise which the
Licensor may have against the Licensee.
11. (This Paragraph 11 left blank intentionally.)
12. The covenants, stipulations and conditions of this Agreement
shall extend to and be binding upon, the Licensor, its successors and assigns, and
shall extend to and be binding upon the Licensee and the heirs, administrators,
executors, successors and assigns of the Licensee (as the context may admit), and
the term "Licensee" used herein shall be held to include such persons,
copartnerships or corporations as are mentioned herein as of the second part. The
Licensee shall not assign this License or any interest therein directly or
indirectly, nor encumber the same without the written consent of the Licensor first
had and obtained.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed the day and year first hereinabove written.
ATTEST:
ATTEST:
4
J
THE DENVER AND RI GRANDE
WESTERN- RAI -LOAD CbMPANY
By:
Licensee
ident
SCHEDULE A
ORDER NUMBER: 00021290
, �X T 3
Hf 6 I
1. EFFECTIVE DATE: August 04, 1994 AT 8:00 A.M.
2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE
A. ALTA OWNER'S POLICY $ 675,000.00
PROPOSED INSURED: RICHARD WAX
B. ALTA LOAN POLICY $
PROPOSED INSURED:
C. ALTA LOAN POLICY $
PROPOSED INSURED:
D. $
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS
COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT THE
EFFECTIVE DATE HEREOF VESTED IN:
ANGUS A. ANDERSON, JR.
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
OWNERS: $ 1,677.00
A RIZgD SIG
STEWART TITLE OF
ASPEN, INC.
620 E. Hopkins
ASPEN, COLORADO 81611
303 925 -3577
FAX 303 - 925 -1384
ORDER NUMBER: 00021290
SCHEDULE B - SECTION 1
REQUIREMENTS
THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS
OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED.
ITEM (B) PROPER INSTRUMENTS) CREATING THE ESTATE OR INTEREST TO BE
INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT:
1. Correction Deed to correct the legal description on the Warranty
Deed from Angus A. Anderson, Jr. to Angus A. Anderson recorded
January 2, 1991 in Book 636 at Page 900 as Reception No. 329238.
NOTE: It appears that said Warranty Deed was intended to convey
the subject property but mistakenly described the adjacent parcel.
Upon recordation of the Correction Deed, Schedule A, Item 3
(vesting) will be amended to read "Angus A. Anderson ".
2. A. Certificate of non - foreign status, duly executed by the
seller(s), pursuant to Section 1445 of the Internal Revenue Code
AND
B. Satisfactory evidence of the seller(s) Colorado residency (or
incorporation) pursuant to Colorado House Bill 92 -1270.
NOTE: Section 1445 of the Internal Revenue Code requires
witholding of tax from sales proceeds if the transferor (seller)
is a foreign person or entity. Colorado House Bill 92 -1270 may
require witholding of tax from sales proceeds if the seller(s) is
not a Colorado resident. Detailed information and Forms are
available from Stewart Title.
3. Deed from vested owner, vesting fee simple title in purchaser(s).
UUW 7
SCHEDULE B - SECTION 2
EXCEPTIONS
ORDER NUMBER: 00021290
THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE
FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF
THE COMPANY:
1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE
PUBLIC RECORDS.
2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC
RECORDS.
3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA,
ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND
INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT
SHOWN BY THE PUBLIC RECORDS.
4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL
HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT
SHOWN BY THE PUBLIC RECORDS.
5. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS,
IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR
ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR
TO THE DATE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS
COMMITMENT.
6. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO WATER.
7. ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED TAX
SALES.
8. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER
CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER
DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT
AREA.
9. Reservations contained in United States patent as follows:
"Subject to any vested and accrued water rights for mining,
agricultural, manufacturing, or other purposes and rights to
ditches and reservoirs used in connection with such water rights
as may be recongnized and acknowledged by the local customs, laws
and decisions of courts, and also subject to the right of the
proprietor of a vein or lode to extract and remove his ore
therefrom, should the same be found to penetrate or intersect the
premises hereby granted as provided by law." as set forth in
Patent recorded in Book 55 at Page 65.
10. Reservation of right of way for ingress and egress 20 feet in
width as set forth in Deed recorded February 13, 1962 in Book 196
at Page 478 as Reception No. 112833.
11. Reservation of a strip of land 25 feet in width to be used as a
right of way as set forth in Deed recorded May 19, 1966 in Book
226 at Page 440 as Reception No. 124311.
12. Terms, conditions, obligations and restrictions as set forth in
Protective Covenants established by Deeds recorded February 13,
Continued on next page
CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 00021290
1962 in Book 196 at Page 478 as Reception No. 112833 and recorded
March 3, 1965 in Book 212 at Page 16 as Reception No. 120067.
13. Easements for utility purposes granted to Rocky Mountain Natural
Gas Company recorded in Book 195 at Page 435 as Reception No.
112282, and recorded April 14, 1987 in Book 533 at Page 511 as
Reception No. 287721.
14. Easement and right -of -way for utility purposes granted to Holy
Cross Electric Association, Inc. recorded June 16, 1980 in Book
390 at Page 203 as Reception No. 224675.
15. This policy does not insure title to land comprising the shores or
bottoms of rivers and is subject to any build up or loss of
property along Roaring Fork River, caused by the processes of
accretion and reliction, or caused by man made changes in the flow
of water or in the course of the river bank or river channel;
also subject to the free and unobstructed flow of the water of
said river.
16. Lack of right of access to the subject property from any public
roadway.
NOTE: This exception is necessary because the private road
providing access across the Denver and Rio Grande Railroad right
of way, and no license or easement for said crossing appears of
record.
NOTE: Provided that Stewart Title of Aspen, Inc. records the
documents of conveyance in the proposed transaction the status of
title will be updated from the time of this commitment to the time
of said recording. If said update reveals no intervening liens
or other changes in the status of said title Exception No. 5
herein will be deleted; if said update reveals intervening liens
or changes in the status of said title appropriate action(s) will
be taken to disclose or eliminate said change prior to the
recording of said documents.
NOTE: Policies issued hereunder will be subject to the terms,
conditions, and exclusions set forth in the ALTA 1992 Policy form.
Copies of the 1992 form Policy Jacket, setting forth said terms,
conditions and exclusions, will be made available upon request.
U0UU�9
N, ..
ORDER NO: 00021290
SCHEDULE A
PROPERTY DESCRIPTION
A tract of land situated in Lot 10, Section 5, and Lot 3, Section
8, Township 9 South, Range 85 West of the 6th P.M., described as
follows:
Beginning at a point on the Southwesterly right of way line of the
D & RGW RR whence Witness Corner to Sections 4, 5, 8 and 9 of
said Township and Range bears N. 86 degrees 30 minutes E. 3330.42
feet; thence S. 51 degrees 06 minutes E. 350.41 feet along the
right of way line; thence S. 38 degrees 54 minutes W. 849.89 feet
to the center of the Roaring Fork River; thence N. 44 degrees 04
minutes W. 108.31 feet along center of the Roaring Fork River;
thence N. 33 degrees 48 minutes W. 254.40 feet along center of the
Roaring Frok River; thence N. 38 degrees 54 minutes E. 760.97
feet to the Point of Beginning.
EXCEPT a strip of land being 25 feet in width and at
parallel with and adjacent to the Southwesterly right
the D & RGW Railroad, for use as a right of way over,
across said property.
County of Pitkin, State of Colorado
all points
of way of
along and
FXHI B) T q
September 15, 1994
HAND DELIVERED
Diane Moore
303 West Francis Street
Aspen, CO 81611
Tim Malloy
Aspen/Pitkin County Planning Department
130 South Galena Street
Aspen, CO 81611
RE: Permission to Represent
Dear Tim:
Please consider this letter authorization for Diane Moore, Planning Consultant, to represent me in
the processing of my application for minor 1041 hazard review for the Anderson property, which
is located south of Upper River Road in unincorporated Pitkin County, Colorado. Diane Moore
is hereby authorized to act on my behalf with respect to all matters reasonably pertaining to the
application.
Should you have any questions, or if I can be of further assistance, please do not hestitate to call
arrr92-N4030.
xicnarct wax
PO Box 11540
Aspen, CO 81612
(303) 923 -6396
letfer.w andm -on
UuGJ21
1Exg1 t3 1T 5
Pitkin Counr.�,
September 22, 1994
Mr. Charles Brandt, Esq.
Holland & Hart
600 But Main Street
Aspen, Colorado 81611
Ref Angus Anderson
Dear Chuck:
This letter is a memorialization of our previous discussions regarding the two 5 acre
parcels in Woody Creek associated with Angus Anderson.
My opinion in the matter is based on the following facts. In 1966, Anderson purchased
and held a 5 acre parcel in his own name and a contiguous 5 acre parcel in his name and his
wife's same Mary Anderson. The two parcels were so held until 1976 when, as a result of a
Court order, the marriage was dissolved and the property disposed between Anderson and his
wife. As a result one property and its improvements, was held by Mary Anderson alone, and
the vacant property was held by Angus Anderson alone.
The parcels are non- conforming by virtue of several zoning ordinances enacted prior to
the marriage dissolution. By operation of Article 7 of the Pitkin County Land Use Code, these
parcels were deemed merged into one legal parcel prior to the decree of dissolution.
The issue presented here is whether or not the Court order of dissolution effectively
parceled the property back into its original two 5 acre parcel configuration. Pursuant to the
Pitkin County Land Use Code and C.R.S. §30-28 -101, for order of the Court to parcel property
without the creation of subdivision, novice of such judicial proceeding must be given to the
BOCC. This notice requirement became effective on May 26, 1977. At the time of the Court
order, notice was not required to be given to the BOCC and so the legal effect was the creation
of two separate parcels, which due to their separate ownership pursuant to the Court order, have
not merged.
Any development for either parcel contemplated for the future must comply with All
provisions of the Pitkin County Land Use Code
request. , as it exists at the time of the development
Your ,
IND
John M. EPtkin Assistarr C"Founty Attorney
JMEJjch
AdmhotrsSw
W E. MIA, and Floor
County comm4e"(6
sub* B
County Attorney
Pentomei end F,r"o
Transportation
Aspen, CO #1811
(303)02M200
5% E. Main Svw
Aspen, Coal all
Suhs )
6,:0 E. Main Street
8une F
630 E. Moan Street
Facilities
76 SorvlCp Center Road
FAX 020619#
(303) 9205160
A "n, W 816 i t
(303) #2CI-61 Do
Aspen. Co 81 e t 1
(303) 920.8?20
Aspen, CQ 81 E i 1
Muted on aoyWedAost
(303) 920.53t?o
uj6J22
JarcU }' 0.1 CGnlr"!
STEWART TITY.E
OF ASPEN, INC.
620 E. HOPKINS • ASPEN, COLORADO 81611 • (303) 925 -3577 • FAX: (303) 925 -1384
September 6, 1994
Re: Anderson Property in Sections 5 and 8, Township 9 South, Range
85 West of the 6th P.M.; Our Order No. 21282
Board of Commissioners, Pitkin County, Colorado
Based upon a search of the appropriate real estate records of
Pitkin County, Colorado, Stewart Title of Aspen hereby certifies
that at no time since January 1, 1972 has title to any tract
adjacent to the property described on Exhibit A, attached hereto,
been held in the same name or names as said described tract,
except for the following described circumstances: Angust Anderson
acquired title to the subject property by Deed recorded May 19,
1966 in Book 220 at Page 440 as Reception No. 124311, and held
title until conveying to his son, Angus Anderson, Jr. by Deed
recorded March 16, 1988 in Book 559 at Page 261 as Reception No.
298330. Angus Anderson also acquired an adjacent parcel by Deed
recorded April 29, 1966 in Book 220 at Page 216 as Reception No.
124131. Although Mr. Anderson has conveyed various fractional
interests over the years, he continues to hold an interest in this
adjacent parcel.
This statement is neither an abstract, opinion nor guaranty
of title and is intended specifically and exclusively for the use
of the Board of County Commissioners of Pitkin County in
determination of "merger of title" or lack thereof as said
"merger" relates to the applicable statues, ordinances and
restrictions of jurisdiction. It is understood and agreed that
Stewart Title of Aspen, Inc., neither assumes, nor will be charged
with any financial obligations or liability whatever on any
statement contained herein.
Sincerely,
/Peter P .Delany
Senior Vice President
Or- 0Gi23
Y
MEMORANDUM NOV
To: Suzanne Wolff, Planning Office
From: Betsey Kipp, Environmental Health Dept.
Through: Lee Cassin, Senior Environmental Health Officer y� -L✓
Date: Nov. 1, 1994
Re: Anderson Minor 1041 Hazard Review
Parcel ID # 2643- 082 -00 -001
The Aspen / Pitkin Environmental Health Department has reviewed the
details of the Anderson Hazard Review application under the
authority of the Pitkin County Code, Title II, and has the
following comments.
ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2 -6 and 5 -205:
"It is the policy of the County to ensure that land is not committed to any use and that no use is initiated
without adequate evidence that a water supply of adequate quality, quantity, pressure and dependability is
available to support the use intended."
This Department needs adequate information on the quantity and
quality of water available. This can be done by providing a copy
of the well driller's report. The applicant must ensure that the
water quality is acceptable by having it tested by a lab such as
Snowmass Water and Sanitation. Water of acceptable quality and
quantity has been obtained in other lots in this area. Before a
septic permit can be issued the location of the well must be
indicated to assure that setback requirements from the well to
the septic system can be complied with.
It is recommended that low water landscaping (xeriscaping) be
used and that the timing of any sprinkler systems be decreased
for low water plants. The Colorado State University Cooperative
Extension office can be contacted for more information on
xeriscaping.
A condition of approval for this application is receipt of
information documenting the location of the well and
quantity /quality of the water once the well is drilled.
SEWAGE TREATMENT AND COLLECTION: Sections 2 -7 and 5 -200: "Itisthe
policy of the County to ensure that land is not committed to any use and that no use is initiated without
adequate evidence that facilities to collect, treat and dispose of anticipated types and quantities of waste
water are available or can and will be provided with suitable capacity, quality of discharge, suitable point
of discharge and dependability ".
J24
1
Lots in the Woody Creek area are served by individual septic
systems. All such systems installed within Pitkin County require
septic permits issued by the Environmental Health Department, and
must comply with the County septic regulations. To receive a
Septic Permit, the applicant will need to submit a Septic Permit
Application and appropriate fee with a completed Soil Data Form
including perc test results and profile hole information. It
must be possible to design an adequate septic system before a
building permit can be issued.
It also must be determined if a conventional system can be
installed or if an engineered designed system is needed. An
engineered system is required if any one of the following
conditions occurs: a percolation rate faster than 5 mpi or slower
than 60 mpi; maximum seasonal level of the groundwater table or
bedrock less than four feet below the bottom of the proposed
absorption system; or a slope in excess of 30 %.
Based on percolation test results in the general vicinity, we are
reasonably confident that a septic system can be installed. Site
specific soil data will have to be obtained. The applicants will
need to adhere to minimum horizontal setback requirements for
placement of the septic system components. They will need to
locate the leach field site a minimum of 100 feet from their well
and from any neighboring wells. A minimum distance of 50 feet
must be maintained between the irrigation ditch and any component
of the septic system.
The area for the leach field should be located in an area of no
traffic, planted with dry land grass, and should not be watered.
It is desireable to locate the system below the house so that the
system can operate by gravity. Please refer to the Pitkin County
Sewage Regulations for detailed information.
A condition of approval for this application will be to
obtain a Septic Permit from this Department. Personnel will
analyze soil data, make a site inspection, and design a
sewage disposal system.
WATER QUALITY IMPACTS: Sections 2 -22 and 5- 107.2:
"It is the policy of the County to preserve and protect its present water resources. To this end it is the
policy of the County that no land use be initiated which would adversely affect the quantity, quality, or
accessibility of the County's water resources; or which would occur at the expense of established water -
dependent agricultural activities; or which would result in increased salinization of water resources, loss
of minimum stream flows, further destruction of wildlife habitat, or major expenditures to reacquire or
redistribute major water resources. It is also the policy of the County to maintain a natural vegetative
buffer along its surface waters such that the surface and groundwaters of the area are not encroached upon
by land uses or other human activities which could cause deterioration of water quality or impair the
natural treatment processes provided by meadows and wetlands."
The Environmental Health Department will be addressing water
2
00-0215
quality impacts only on down stream water quality. This
application is not expected to impact down stream water quality
if the minimum horizontal distances between components of the
system and physical features are in accordance with Section 4 -4
of the Pitkin County Sewage Regulations.
A condition of approval for this application is that the
slope, floodplain, and riparian habitat remain in their
natural state.
AIR QUALITY: Sections 2 -17 and 5 -106:
Only that development is permitted which will not contribute significantly to degradation of air quality in
Pitkin County. Developments may not constitute an indirect or direct air pollution source.
This project is not expected to contribute significantly to
degradation of air quality in Pitkin County.
The applicant must file a fireplace /woodstove permit with the
Environmental Health Department before the building permit will
be issued.
The less densely populated parts of the county like Woody Creek
may have one wood burning fireplace and one department certified
device or two department certified devices per building. In
addition, unlimited numbers of decorative gas appliances are
allowed. Coal may not be burned in any device. No wood burning
device may be installed in barns or agricultural buildings.
A condition of approval for this application is the receipt
and approval of the fireplace / woodstove permit by the
Environmental Health Department before the building permit
can be issued.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2 -2--it
is the policy of the County to ensure that no use or development of land is permitted which is in violation
of the laws of the County, the State of Colorado, or the United States of America."
This Department is not aware of any issues of concern regarding
other environmental health laws.
... ENV:WP:LAND USE:Anderson.Hazard.Review
3
v0G, U '26
M E M O R A N D U M
TO: Suzanne Wolff, Planning
FROM: Joanna S. Schaffner, County Zoning Officer �Z_r
DATE: October 24, 1994
RE: Anderson Minor 1041 Hazard Review
Parcel ID# 2643- 082 -00 -001
I have reviewed the above referenced application and offer the
following comments.
ZONE: RS -20, twenty acre minimum lot size
This parcel contains approximately 6.5 acres and is non - conforming
in size.
SETBACKS: The required setbacks for this parcel are:
50 foot front yard setback
30 side and rear yard setback
The application indicates a 50 foot setback from Letey Lane. As
a front yard setback, the measurement should be from the lot line.
The proposed building envelope lies outside of all required
setbacks.
FLOOR AREA: This parcel is allowed a total of 15,000 square feet
of floor area. All structures are included in the calculation of
floor area.
OTHER: The proposed access from Upper River Road should be
discouraged. Access should be from Letey Lane to minimize the
number of cuts on the county road and the number of crossings
across the railroad right -of -way in the event it becomes a county
transportation corridor.
If the proposed access is approved, the applicant should obtain
approval from the ditch owner prior to issuance of an access
permit. Are there wetlands associated with the ditch?
The building envelope should be relocated away from the edge of
the slope to ensure that the slope and vegetation are not disturbed
during construction.
An earthmoving permit is required prior to any berm construction.
The applicant is proposing an 18 foot driveway, and the easement
on the site plan is 30 feet.
uU�;UCi
August 30, 1994
To Whom It May Concern,
Re: A tract of land situated in Lot 10, Section 5 and Lot 3,
Section 8, Township 9 South, Range 85 West, fully described by
Metes and Bounds Book 220 at Page 440, Book 220 at Page 216 and
Book 559 at Page 261.
On this date I, ANGUS A. ANDERSON, authorize RICHARD A. WAX OR
NOMINEE to pursue a 1041 or any other land use application.
Seller
ij (j
ANGUS A. ANDERSON
SCHEDULE A
PROPERTY DESCRIPTION
ORDER NO: 0002182
EXHIBIT "A"
A tract of land situated in Lot 10, Section 5, and Lot 3, Section
8, Township 9 South, Range 85 West of the 6th P.M., described as
follows:
Beginning at a point on the Southwesterly right of way line of the
D & RGW RR whence Witness Corner to Sections 4, 5, 8 and 9 of
said Township and Range bears N. 86 degrees 30 minutes E. 3330.42
feet; thence S. 51 degrees 06 minutes E. 350.41 feet along the
right of way line; thence S. 38 degrees 54 minutes W. 849.89 feet
to the center of the Roaring Fork River; thence N. 44 degrees 04
minutes W. 108.31 feet along center of the Roaring Fork River;
thence N. 33 degrees 48 minutes W. 254.40 feet along center of the
Roaring Frok River; thence N. 38 degrees 54 minutes E. 760.97
feet to the Point of Beginning.
EXCEPT a strip of land being 25 feet in width and at all points
parallel with and adjacent to the Southwesterly right of way of
the D & RGW Railroad, for use as a right of way over, along and
across said property.
County of Pitkin, State of Colorado
September 22, 1994
Mr. Charles Brandt, Esq.
Holland & Hart
600 East Main Street
Aspen, Colorado 81611
Re: Angus Anderson
Dear Chuck:
1,7--X�+15 (7- 5
Pitkin Counts.
This letter is a memorialization of our previous discussions regarding the two 5 acre
Parcels in Woody C=k associated with Angus Anderson.
My opinion in the matter is based on the following facts. In 1966, Anderson purchased
W held a 5 acre parcel in his own name and a contiguous 5 acre parcel in his name and his
wife's name Mary Anderson. The two parcels were so held until 1976 when, as a result of a
Court order, the marriage was dissolved and the property disposed between Anderson and his
wife. As it result one property and its improvements, was held by Mary Anderson alone, and
the vacant property was held by Angus Anderson alone. '
The parcels are non - conforming b virtue of several zoning ordin,inces enacted prior to
the marriage dissolution. By operation of Article 7 of the Pitkin County Land Use Code, these
parcels were deemed merged into one legal parcel prior to the decree of dissolution.
The issue presented here is whether or not the Court order of dissolution effectively
parceled the property back into its original two 5 acre parcel configuration. Pursuant to the
Pitkin County Land Use Code and C.R.S. §30.28 -101, for order of the Court to parcel property
without the creation of subdivision, no ;ice of such judicial proceeding must be given to the
ec
BOCC. This notice requirement b,wne effective on May 26, 1977. At the time of the Court
order, notice was not required to be given to the BOCC and so the legal effect was the creation
of two separate parcels. which due to their separate ownership pursuant to the Court order, have
not merged.
Any development for either parcel contemplated for the future must damply with all
provisions of the Pitkin County Land Use Code. as it exists at the time of the development
request.
Your
John M. E1
Assis tkin County Attorney
JME/jch
Adtliuti4Vallon
W E. Wn. ft Floor
County Cornmin"rs
suite 8
t q Mornay
F rAfte
Tusportbon
Aspen, CO 91611
(303)9&5200 &5200
506 E. Main Svwt
soks I
6':0 E. Main Street
She F
630 E. Main Stropt
Facilities
76 Sort* Center Road
FAX 920.5198
Aspen, CO alai l
(303) 920.5160
Aspen, CO 81611
(303) V461 Do
Aspen. CO 61611
Aspen, CO 91611
pnntod on leava4d ~or
(303) 920-6220
(303) 920.6340
0U0i3)0
October 5, 1994
Ms. Diane Moore
303 West Francis Street
Aspen, CO 81611
Mr. Tim Malloy
Aspen/Pitkin County Planning Office
130 S. Galena Street
Aspen, CO 81611
RE: Anderson Minor 1041 Hazard Review
Dear Tim:
Please consider this letter an application for a minor 1041 hazard review for the construction of a
single family residence on a parcel of land which is located in the Woody Creek area of
unincorporated Pitkin County. As stated in Exhibit 1, Pre- Application Conference Summary, the
development application for the minor review of a single family residence (which avoids Areas of
Local or State Interest/1041 Environmental Hazards) is subject to the administrative review
procedures of Section 4 -4 of the Pitkin County Land Use Code. This application is also
submitted pursuant to Sections 5 -7 and 3 -8 of the Code.
The application is submitted by Richard Wax (see Exhibit 2, Permission to Apply) on behalf of
Angus Anderson, the property's owner (see Exhibit 3, Title Insurance Commitment). Permission
for Diane Moore to represent the Applicant is attached as Exhibit 4.
EXISTING CONDITIONS
The subject property is located between Upper River Road and the Roaring Fork River in
unincorporated Pitkin County. The property consists of a metes and bounds description and is
legally described as a tract situated in Lot 10, Section 5, and Lot 3, Section 8, Township 9 South,
Range 85 West of the 6th Principal Meridian. It contains approximately six and one half (6 1/2)
acres and is non - conforming with respect to the area requirements of the underlying RS -20 PUD
zone district. Chuck Brandt, Esq., representing Mr. Anderson, has confirmed with the County
Attorney's office that no merger with adjacent parcels has occurred and this is reflected in John
Ely's letter to Chuck Brandt dated September 22, 1994 (Exhibit 5). Also attached as Exhibit 6 is
the Merger Certificate from Stewart Title Company.
The accompanying survey illustrates that the subject parcel consists of two distinct areas which
are separated by slopes greater than thirty (30) percent. The lower portion of the property is
contiguous to the Roaring Fork River and is densely vegetated. As noted on the survey, the 100
year floodplain exists in this area along with the riparian areas adjacent to the River. Cottonwood
and evergreen trees and various shrubs are also present in the lower portion of the property. The
upper portion of the property, which is located south of Upper River Road, can be described as a
level dry pasture and the existing vegetation consists of various field grasses.
An existing shed is also located on the upper portion of the property and the applicant intends to
have this structure remain on the property for future use. A portion of the property is also
bisected by a split rail fence and portions of this fence will be removed once construction of the
single family home commences. Aside from the man -made improvements described above, the
property is vacant. Existing development in the immediate area consists of several single family
homes and associated accessory structures.
A review of the County's 1041 hazard maps indicates that the property contains slopes greater
than thirty (30) percent, floodplain area, and riparian habitat. All of these concerns are confined
to the lower portion of the property and the steeply sloping hillside located adjacent thereto.
PROPOSED DEVELOPMENT
The Applicant seeks to obtain approval for a single family building envelope on the upper portion
of the property. As the accompanying survey illustrates, the proposed building envelope has been
set back fifty (50) feet from Letey Lane and thirty (30) feet from the property's east and west
boundaries. The rear of the envelope (north boundary) has also been set back from the edge of
the steep slope which separates the pasture from the lower portion of the property. It should be
noted that the building envelope has been located outside of all mapped 1041 hazard areas.
The driveway to the residence will also be located on the upper pasture. The Applicant proposes
to construct a private eighteen (18) foot wide driveway from Upper River Road to the residence.
In order to construct this driveway, the applicant needs to secure a grant of easement from the
Southern Pacific Railroad to cross their existing right -of -way and a grant of easement from
Michael Underwood. Mr. Underwood has retained ownership of a strip of land that parallels
Upper River Road. The Applicant is in the process of securing the required easements for the
driveway access and these will be available prior to obtaining an access permit from the County
Engineer.
We conducted a site visit with Bud Eylar on September 15, 1994 and he believes that the
proposed driveway location and connection to Upper River Road does not present any sight
distance and access separation concerns.
A review of the title commitment prepared by Stewart Title indicates that there is a "lack of right
of access" to the subject property from any public roadway (Upper River Road). This exception
in the title exists because the private road ( Grange Way) providing access across the Denver and
Rio Grande Railroad right of way does not provide for a license or easement of record. Letey
Road intersects Grange Way and provides access from Grange Way to the subject property. The
title commitment does identify a "reservation of right of way for ingress and egress 20 ft. in
i� uJ'2
width" as set forth in a recorded deed and this deed describes Letey Lane. However, the lack of
right of access to the subject property from a public roadway will be resolved with the placement
of the 18 ft. driveway from Upper River Road to the property. Please refer to the attached survey
for the location of the driveway.
Using Grange Way and Letey Lane as access to the property is not desirable from a safety and
convenience standpoint, nor does it provide legal access across the Southern Pacific Railroad
right of way (Note - Southern Pacific recently purchased the right of way from Denver and Rio
Grande Railroad. Any reference in this area to Denver and Rio Grande Railroad land is now
owned by Southern Pacific).
Water service to the new residence will be provided through the installation of a new well. An
individual sewage disposal system will be installed consistent with Environmental Health
Department regulations. Electric and telephone service are available onsite, and natural gas
service will be extended from the Upper River Road corridor. No changes to the property's
existing drainage patterns are proposed.
While the proposed residential structure will be visible from State Highway 82, site distances are
substantial (approximately 1000 ft.), and the residence will be mostly hidden by the mature
cottonwoods along the River corridor. While a residence on the lower portion of the property
might be less visible from the Highway, the upper bench is more conducive to development when
taking into consideration the hazards and resources existing on the lower portion of the site.
REVIEW REQUIREMENTS
The designation of the proposed building envelope is subject to minor 1041 hazard review. Each
of the review requirements is discussed below.
1. Minor 1041 Hazard Review
Pursuant to Sections 4 -401 (A) and 4 -402 (D) of the County Land Use Code, the Planning
Director may approve a minor 1041 hazard review if the proposed development is located outside
of mapped hazard areas. While the Applicant's property contains several areas of mapped 1041
hazard concern, the proposed building envelope and access road completely avoid these areas.
As a result, the Applicant's proposed development meets the applicable criteria for an
administrative minor 1041 hazard review approval.
3 -804 - Floodplain Hazard Area - The entire building envelope is located outside of the
mapped floodplain area.
3 -805 - Geologic Hazard Area - N/A
3 -806 - Historic and Archaeological Resource Areas - N/A
3
3 -807 - Wildfire Areas - The development proposal is located within the area designated
as "A - Low Hazard: Trees and Grass ". The applicant forwarded copies of the survey to Steve
Crockett of the Pitkin County Sheriffs Department and to Kelly Rogers of the Colorado State
Forest Service for their comments. Steve Crockett and I conducted a site visit on October 5,
1994, and Steve concluded that the building envelope area does not contain any wildfire hazard
areas. He will forward his comments to you. We also contacted Kelly Rogers of the Forest
Service during out site visit and Kelly agreed with Steve that there were no wildfire hazard areas
within the building envelope area.
3 -808 - Wildlife Habitat Areas - N/A
A Minor 1041 hazard map will be prepared and recorded with the Pitkin County Clerk and
Recorder upon the receipt of Minor 1041 hazard approval from the Planning Director. The map
will comply will all the applicable requirements of the Planning Department.
The applicant would request that the conditions of approval permit the construction of the entry
monuments, the access driveway, utilities, and landscaping features (contours and planting)
outside of the building envelope, and only permitted on the upper portion of the parcel.
2. Compliance with Identified Policies in Article 2 and Standards in Article 3 of the
Code
Pursuant to Section 4 -4, Administrative Review Procedures, the development application
must comply with the identified Policies in Article 2 and the Standards in Article 3 of the Code.
The application for review of a Single Family Dwelling Unit, which avoids Areas of Local or State
Interest /1041 Environmental Hazards, complies with the Policies in Article 2.
Regarding the Land Use Standards in Article 3 of the Code, the proposed development will
comply with those standards. The construction of a single family residence with five (5) or less
bedrooms and/or less than 15,000 sq. ft. of floor area is an allowed use in the RS -20 PUD zone
district. Additionally, the existing shed (accessory building) is considered an allowed use on the
property along with any future farm buildings.
The attached survey establishes the building envelope and the dimensional standards outlined in
Section 3 -5 have been adhered to regarding road and stream setbacks. Section 3 -6 refers to the
environmental and aesthetic standards and Section 3 -7 refers to water resources. The proposed
construction activities will minimise impacts to the natural terrain and not impact the stream
vegetation or steep slopes on the site. The natural vegetation and soil cover adjacent to the river
will be preserved. The development shall provide for the maintenance of historic drainage
patterns on the site to preserve the natural character of the area. The Applicant will provide
adequate sedimentation control throughout all phases of construction and development, and the
revegetation of disturbed areas will occur as soon as possible.
4
��iGJJ4
Section 3 -8 deals with the Areas of Local and State Interest /1041 Environmental Hazard Areas
and this has been addressed in previous paragraphs.
Section 3 -9, Activities of Local and State Interest, and Section 3 -10, Areas Around Key Facilities
are not applicable.
There is, essentially, one remaining section in Article 3 that is applicable to this development
application and that is Section 3 -11, Improvements and Services. The new residence will be
served by an onsite well and an onsite individual sewage disposal system which will be
constructed in compliance with the applicable Environmental Health Department regulations. The
proposed driveway will be designed and constructed in compliance with the Pitkin County Road
Standards and Specifications. All off-street parking spaces will conform to the applicable design
standards.
In summary, the proposed development complies with such other policies and general regulations
that may be applicable to the property.
Should you have any questions, or if I can be of further assistance, please do not hesitate to call
me at 920 -4030.
cerely,
6A'S' Tftwz'
Diane Moore
Planning Consultant
Attachments
CC: Richard Wax
wmc.aPP
MESSAGE DISPLAY
TO Suzanne Wolff CC Bud
From: Bud Eylar
Postmark: Nov 03,94 10:10 AM
Subject: Reply to: Anderson 1041 (Woody Creek)
------------------------------------------------------------------------------
Reply text:
From Bud Eylar:
Suzanne, Yes I did have a discussion with them and do agree that the
applicant could easily build a drive to River Road that would meet
County Standards, provided they get permission to cross the RR right
of way. However, they can access a frontage road that they have a
right to use, and this would eliminate the need for an additionsl
access to River Rd. This would be my preference. Bud
Preceding message:
From Suzanne Wolff:
You visited the site with Diane Moore in September, and Diane's
letter states that the proposed driveway location and connection to
Upper River Road does not present any sight distance and access
separation concerns. Joanna noted in her comments that the proposed
access should be discouraged to minimize the number of cuts and the
number of railroad crossings. Any thoughts?
UUUJ �u
MESSAGE DISPLAY
TO Tim Malloy TO Bob Braudis
Cc Darryl Grob CC Jan Finnegan
From: Steve Crockett
Postmark: Oct 04,94 6:09 PM
Status: Certified Previously read
Subject: Anderson 1041
Message:
After conducting a site visit on 10/4/94 with Dianne Moore, the
applicant's representative, the wildfire hazard rating for this
application is O - NO HAZARD. (Jan, could you please mail a hard copy
of this ceo to Kelly Rogers /CSFS. Thanks)
1u6j ,07
-F
ASPEN /PITKIN PLANNING OFFICE'
130 South Galena Street
[�
Aspen, Colorado 81611
(303) 920 -5090
LAND USE APPLICATION FEES
�3
CITY:
- 63250 -134
GMP /Conceptual
- 63270 -136
GMP /Final
- 63280 -137
SUB /Conceptual
- 63300 -139
SUB /Final
- 63310 -140
All -2 Step Applications
- 63320 -141
All 1 Step Applications
- 63330 -150
Staff Approval
-63432 -157
Zoning Plan Check
-63432 -157
Sign Permit
-M R011
Use Tax for Sign Permits
HISTORIC
PRESERVATION:
- 63335 -151
Exemption
- 63336 -152
Minor
- 63337 -153
Major Devel.
- 63338 -154
Signrf. Devel.
- 63339 -155
Demolition
COUNTY:
- 63160 -126
GMP /General
- 63170 -127
GMP /Detailed
- 63180 -128
GMP /Final
- 63190 -129
SUB /General
- 63200 -130
SUB /Detailed
- 63210 -131
SUB /Final
- 63220 -132
All 2 Step Applications
- 63230 -133
All 1 Step Applications
- 63240 -149
Staff Approval
-63450 -146
Board of Adjustment
- 63235 -148
Zoning Plan Check
REFERRAL FEES:
- 63360 -143
Engineering - County t< _ U
00115
- 63340 -163
Engineering - City
00123
- 63340 -190
Housing
00125
- 63340 -205
Environmental Health
6 .
PLANNING OFFICE SALES:
- 63080 -122
County Code
- 69000 -145
Other (Copy Fees)
TOTAL
Name:
Phone:
Address:
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