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THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P &Z
Ordinance for the BOCC and /or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x1')
PARCEL IDJ2643- 084 -00 -014 _— DATE RCVD r 1 /29/1
CASE NAME] Brown-Extension of Vested Rights _
PRO/ ADDR:11-lwy. 82 across from Pitkin Iron
OWN /APP: Brown, .Joyce _ ADRIf11240 Barrnan Ave.
REP: Francis Krizmanich AD R: PT9 Light Hdl Rd. -
Email Addr.
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999 # COPIES: i10 10 CASE NO' P014 -99
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F'Is.ru I r-1 uISrzanneV +iolff
CJS(Z:'I Cil er City, CA 9023 PHN:
C /S /Z:jEnowmass, CO 81654 PHN- 927 -4263
ALLOCATED HO
FEES DUE: 1110 1 110 clerk FEES RCVD: 1220 -
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--��
% OVER:
REFERRA Attorney, Env. H, CO Geo. Survey, CSFS, Woody Creek Caucus
REF. _ 2/9/1999 BY,TKT
DUE: l 3119/1999
MTG DATE REV BODY PH NOTICED_ DATE OF FINAL ACTION: a 4/14/1999
4/14/1999 BOCC No 3/13/1999 -
-
^- No
-- _
BOCC Reso: 99 -72 #430754
F-- No
BOCC Ord:
REMARKS F1 stAmended site plan B74 P62 #512406 and recorded
7/14/05/ /2nd amended site plan recorded 11/22/05 B76 P54
PZ:
!#517686//bi
HRG OFF:
CLOSED: 4/20/1999 BY: iTKT
HO INDEX: �
ADMIN:
PLAT RECORDEDi 7/29f9q PLAT (BK.PG):, B PP62 #433868 ADMIN INDEX: F
VRAPPROVAL DATE: 4.14/194-1- VR EXPIRES: 411412002
CASE TYP: Extension of Vested Rights CASE TYP5:
CASE TYP2: CASE TYPE:
CASE TYP3: - CASE TYP7:
CASE lYP4:
Date Scanned: 8/30/12
File Location: iFFB=4218
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING APPROVAL OF THE BROWN EXTENSION OF VESTED REAL
PROPERTY RIGHTS AND 1041 HAZARD REVIEW AMENDMENT
Resolution No. 99- 71�-
RECITALS
Joyce Brown ( "Applicant ") has applied to the Pitkin County Board of County Commissioners
( "BOCC ") to consider an extension of vested real property rights pursuant to Section 4 -140 -030 of the
Land Use Code ( "Code "), and to amend several conditions of the approval, specifically to expand the
building envelope and to delete the 3,000 square foot floor area restriction.
2. The property is located between Highway 82 and the Roaring Fork River, adjacent to and
upstream from the Pitkin Iron property, and is more specifically described in Exhibit A.
3. The parcel is zoned AFR -10 and contains 3.22 acres.
4. 1041 Hazard Review and Conceptual Submission approval to construct a single family residence
was granted by the BOCC pursuant to Resolution No. 96 -87.
The BOCC reviewed the request at a duly noticed public hearing on April 14, 1999, at which
time evidence and testimony were presented with respect to this application.
6. The BOCC finds that the extension of vested rights, as revised by the conditions of this
resolution, generally complies with the applicable sections of the Code.
The BOCC finds that the reduction of the designated landscape buffer within the building envelope
from 10 feet to 5 feet in width is acceptable given the wildfire mitigation measures contained within the
original approval and amended by this resolution.
The BOCC finds that designation of an area on the uphill side of the building envelope in which to
allow construction of cantilevered building elements is acceptable as long as these elements do not disturb
slopes in excess of 30%.
111111111111 111111 IIII 11111111111111111111111111111 IIII
430734 05/06/1999 01:26P RESOLUTI DAVIS SILVI
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Resolution No. 99--1 -
Page 2
o_ The ROCC find..s that the nronnmed expansion of the building envelope on the uphill (north) side is
prohibited by Section 3- 80- 050(Cx2) of the Code, which prohibits development on slopes in excess of 30 %.
10. The BOCC finds that the 3,000 square foot floor area limitation included in Resolution No. 96 -87 is
justified given the physical constraints of this parcel.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby deny the requests to expand the building envelope on the uphill side
and to remove Condition # 8 of Resolution No. 96 -87 that limits the floor area to 3,000 square feet.
BE IT FURTHER RESOLVED by the BOCC that is does hereby approve the Brown Extension
of Vested Rights and ..041 Hazard Review Amendment, subject to the following conditions and the
conditions of Resolution No. 96-87, except as amended herein, all of which shall run with the land and be
binding on all successors in interest.
The Applicant shall submit an amended 1041 hazard review site plan on a 24 x 36 inchmylar sheet
to the Community Development Department for approval and recording, prior to submission of any,
building permit applications. The site plan shall also be submitted in digital format suitable for
integration into the County's GIS system. The Applicant shall sign the mylar prior to submission
for recording. The site plan shall be modified as follows:
A. Reduce the landscaping area within the building envelope from 10 feet to 5 feet in width.
Note on the site plan that patios and decks are allowed within this area.
B. Designate a 10 foot wide on the uphill (north) side of the building envelope in which only
cantilevered building elements are allowed. Note on the site plan that no slopes in excess
of 301/c may be disturbed during construction of any cantilevered building elements in
this area.
2. Prior to selection of a building site within the building envelope and priorto submission of a septic
permit or any building permits, and in order to assure proper foundation design, the Applicant shall
obtain several geotechnical borings from the building site. A qualified geotechnical engineer
shall provide an evaluation of the borings and any recommended mitigation to the Community
Development Department. Staff may refer this analysis to the Colorado Geological Survey for
further review and approval
3. Condition #1 of Resolution No. 96 -87 shall be amended as follows No development, including
grading, landscaping, vegetation removal or disturbance, and septic system, shall occur out of
the approved building envelope, except for utility and driveway extension and maintenance, and as
may be necessary to implement the wildfire mitigation measures required elsewhere in this
document. The well may be located outside of the building envelope on the upper bench of the
property adjacent to Highway 82. A 5 foot landscaping area shall be reserved along the downhill
1 11111111111111111 IN 1111111 111 HIM III 11111 IIII 1111
430754 05/06/1999 01 :26P RESOLUTI DAVIS SILVI
2 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
OUOUG2
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Resolution No. 99-
Page 3
(southern) side of the building envelope to mitigate fire hazards and to minimize impacts on the
slope and vegetation below. Construction fencing shall be installed along they toot setback during
construction in order to minimize impacts.
4. The following conditions shall replace specific provisions contained within Condition #4 of
Resolution No. 96-87:
A. Bullet #9 shall be replaced with the following Roofs shall have a Class A, non-
combustible roof system. Wood shake /shingle roof coverings and flat roofs (up to a 4:12
pitch) are prohibited in all wildfire hazard areas.
B. Bullet #12 shall be replaced with the following: For projections below the roof line
(including but not limited to exterior balconies, decks, porches, cantilevered floor,
projections, and bay windows which extend over a flat or sloped surface) the open space
between grade and the underside of projections below the roof line shall be enclosed by
solid, vertical walls. These walls shall be constructed with materials approved for 1 hour
fire- resistive construction on the exterior side of the wall and shall extend from the top of
grade to the underside of the floor decking or walls of the projection. An alternative
construction method for such projections would require use of noncombustible building
materials, or heavy timber or log wall construction, if the underside of the projecting
portion is covered with materials approved for one hour fire resistive construction and if
there are no inside angles of less than 75 degrees. Areas below such projections shall be
void of vegetative or other combustible materials. These areas below projections shall be
protected from accumulation of vegetative materials by placement of a vegetative barrier
covered with rocks or gravel or by coverage with concrete or stone. There shall be no
storage of combustible materials under projections. The walls underneath projections
shall be constructed with materials approved for 1 hour fire- resistive construction on the
exterior side of the wall. Window openings in walls below projections shall be tempered
glass. Doors shall be noncombustible or 1 3/4" solid wood.
5. The Applicant shall adhere to all material representations made in public hearings and in the
application.
This extension shall expire three years from the date of this approval on April 14, 2002.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 13th day of
March, 1999.
APPROVED AND ADOPTED this 14th day of April, 1999.
VESTED RIGHTS NOTICE published in the Aspen Times Weekly on the IS� T
L day of
,M, 1999.
1111111 VIII 111111111111111111111111111 III 1111111111111
430764 05/06/1990 01:26P RESOLUTI DAVIS SILVI
3 of S R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
3j6iu3
�7
Resolution No. 99 -��
J Page 4
ATTEST:
Deputy County Clerk
APPROVED AS TO CONTENT:
Cindy Houben
Community Development Director
P14 -99
PID 42643- 084 -00 -014
suzannew \pitkin \cases \vre \brown\reso.doe
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I
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
Leslie J. ont, Chair
APPROVED AS TO FORM:
John Ely
Co otney
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430754 05/06/1999 01:26P RESOLUTI DAVIS SILVI
4 of S R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
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392271 04/„0/96 04:07P PG 6 OF 6
EXHIBIT "A"
1'
- -PROPERTY DESCRIP77ON-
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430754 @3/06/1999 01.26P RESOLUTI DAVIS SILVI
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0000 -5
MEMORANDUM
TO: Board of County Commissioners
Regular Meeting — April 14, 1999
THRU: Cindy Houben, Community Development Director
FROM: Suzanne Wolff, Planner
RE: Brown Extension of Vested Rights and 1041 Hazard Review Amendment
REQUEST: The Applicant is requesting a three year extension of the vested property rights for
the 1041 Hazard Review and Conceptual Submission approval granted by the BOCC. The
Applicant also proposes to amend several conditions of the approval, specifically to expand the
building envelope and to delete the 3,000 square foot floor area restriction.
APPLICANT: Joyce Brown
REPRESENTATIVE: Francis Krizmanich
LOCATION: Between Highway 82 and the Roaring Fork River, adjacent to and upstream from
the former Mountain Mobile Mix property that is currently referred to as the Pitkin Iron property
ZONING/LOT SIZE: The lot is zoned AFR -10 and contains approximately 3.22 acres.
BACKGROUND: 1041 Hazard Review approval was granted by the BOCC pursuant to
Resolution No. 96 -87, and a site plan was recorded in Plat Book 39 at Page 60. The building
envelope was located on a narrow bench located in the middle of a very steep hillside that slopes
from the highway down to the river. The property also contains a flat meadow located directly
adjacent to the highway that is entirely within the required 200 foot highway setback. The
building envelope was not located in this meadow due to the visual impact to highway users and
the highway corridor.
REFERRAL COMMENTS: Comments from Environmental Health, Colorado State Forest
Service and Colorado Geological Survey are attached for reference. The Woody Creek Caucus
did not receive the referral packet that was sent in February; staff has provided the Caucus with
another copy, and hopes to have comments by the meeting.
STAFF COMMENTS:
1041 HAZARD REVIEW AMENDMENT:
Building Envelope Expansion: The Applicant proposes to amend Condition No. 1 of
Resolution No. 96 -87 in order to expand the approved building envelope. The Applicant
proposes to expand the envelope on the uphill (south) side by 5 -7 feet and to cantilever up to 10
feet of building or deck area beyond the amended southern boundary of the building envelope.
The Applicant also proposes to reduce the required 10 foot landscaping area on the downhill
(north) side of the building envelope to 5 feet.
000006
In his original comments in 1995, Vince Urbina of the Colorado State Forest Service
recommended that the side of the building closest to the river be located "as far away from the
edge (30 feet) as possible to prevent exposure to convective and radiant heat from any fire
burning below." Given the width of the bench on which the building envelope is located — 30 -33
feet — this setback was reduced to 10 feet in the final approval. This reduced setback was deemed
acceptable in this case given the additional requirements to comply with the defensible space and,
more significantly, the structural design and construction standards in the Code. Mr. Urbina
revisited the site and appears to be satisfied that the proposed building envelope amendments are
acceptable as long as the wildfire mitigation requirements included as conditions of approval in
Resolution No. 96 -87 continue to apply to any construction on this property.
In addition, the setback from the top of slope was intended to minimize impacts on the steep slope
and vegetation below, particularly during construction. Bruce Collins, Consulting Geologist for
the Applicant, states that the materials in the area appear to be well- drained and stable and he
does not appear to have any concerns with construction in this area as long as adequate soil
testing is performed to ensure the stability of the foundation. Jeffrey Hynes with the Colorado
Geological Survey states that he concurs with Mr. Collins' recommendations and has no
objections to the site plan amendments or the extension of vested rights. He does point out one
additional issue. He states, "Subsurface investigations conducted for the Highway 82 project
indicate the presence of interbedded lenses of colluvial bedrock on the contact with the
underlying Mancos Shale beneath the alluvial terrace deposits in this stretch of the river valley.
These materials can be encountered in either a dry or wet condition. As such they represent
potential zones of weak soils which need to be evaluated in detail to assure proper foundation
design." Given the anticipated excavation into the slope, he recommends that this possibility be
evaluated by several geotechnical borings prior to "final building envelope selection." Staff
clarified that his intent was to require the borings prior to actual building footprint selection.
With regard to the expansion of the building envelope on the uphill side, the Applicant states,
"the average slope of the building envelope will be limited to 30% or less." In addition, the
Applicant states that the cantilevering of building or deck area over the uphill slope and beyond
the building envelope will not disturb slopes in excess of 30 %. Staff would note that the
approved building envelope is located on a bench that contains slopes of 25 -30 %. The southern
boundary of the envelope was drawn along the toe of the slope that extends from the upper
portion of the property adjacent to the highway down to the bench where the envelope is located;
the slope within this area is approximately 50 %. The 5 -7 foot wide area that the Applicant
proposes to add to the envelope extends above the toe of the slope and into this steeper area.
Staff does not support the Applicant's use of an "average" slope across the entire amended
envelope, when the area where the expansion is proposed clearly encroaches on slopes in excess
of 30 %. However, staff is willing to support the Applicant's request to allow up to 10 feet of
building or deck area over the uphill slope, as long as no slopes in excess of 30% are disturbed
during construction. Wildfire is much less of a concern when building elements project over an
uphill slope as opposed to a downhill slope, though the Applicant will still be required to comply
with the defensible space and structural mitigation measures for wildfire. Staff recommends that
the Applicant designate on the site plan the area in which cantilevered building elements would
be allowed.
In summary, staff recommends that the BOCC deny the proposed expansion of the building
envelope on the uphill side, and recommends that the BOCC approve the proposed reduction of
the landscape area within the building envelope from 10 feet to 5 feet in width and the addition of
additional area in which to allow cantilevered building elements.
�EJ�du l
Floor Area Restriction: The Applicant requests to delete Condition No. 8 of Resolution No. 96-
87 which limits the residence to 3,000 square feet of floor area with a 750 square foot garage and
subgrade space as exempted by the Code. The Applicant states, "There is no apparent visual
impact or hazard concern that should limit the size of the home. The Applicant believes that the
existing site constraints will adequately limit house size."
The original staff memos to the Planning Commission and the BOCC prepared by then staff
planner Francis Krizmanich do not include any reference to a house size limitation. The Planning
Commission discussed restricting the size of the proposed residence, but did not add a condition
requiring a house size restriction (minutes from October 24, 1995 are attached). The Commission
asked the Applicant what size house he was planning to build, and he represented that the
residence would contain approximately 2,500 -3,000 square feet of floor area, not including a one -
car garage. At the BOCC meeting, staff planner Krizmanich recommended that the Applicant
restrict the house size to 3,000 square feet if the County agreed to allow the well to be placed
outside of the building envelope on the upper bench adjacent to the highway. The BOCC
concurred and added the restriction (minutes of January 24, 1996 are attached).
This site is seriously constrained by wildfire hazards, visibility issues and steep slopes. By
allowing the well outside of the building envelope, the County removed the constraints related to
the required setbacks from the residence to the well and the well to the septic system, which gives
the Applicant more flexibility in siting the residence and septic system. Even so, staff feels that
the physical constraints on this lot are such that it is appropriate to maintain the existing floor area
restriction for the parcel, and, therefore, recommends that the BOCC not delete the condition as
requested. Particularly where, as here, the Applicant is requested a vested rights extension which
will allow for another three years on this development approval where certain changes to the
Land Use Code will not be applicable, it seems inappropriate to allow the Applicant to now vary
from the prior representations.
VESTED RIGHTS EXTENSION: The Board shall consider, but not be limited to, the following
criteria in reviewing a request for an extension of vested property rights:
1. Compliance with conditions of approval: The Applicant recorded the 1041 site plan
following approval in 1996. The other conditions are not applicable until permit issuance.
2. Progress in pursuing the project: The Applicant has drilled a well on the upper portion
of the parcel outside of the building envelope, as permitted by Condition #1 of Resolution No. 96-
87. An access and utility easement across the adjacent County property (Pitkin Iron) has been
approved and recorded. The current owner acquired the property in 1996 after 1041 approval was
granted and has not pursued construction of a residence on the site. The parcel is currently listed
for sale, which may be why there is a request to modify the square footage restriction.
3. Nature and extent of benefits received by the County: No benefits were required to be
granted to the County as a result of the previous approval. In the easement agreement, the
Applicant waived any claims against the County with regard to current or future uses of the
County's property and granted a fishing easement.
4. Needs of the County and the Applicant that would be served by approval of the request:
The extension process allows the County to update the approval to be consistent with the current
standards of the Code. There have not been any substantial changes in the Code since the original
approval was granted. To the extent that the extension would delete the square footage
restriction, the extension would not seem to advance any needs of the County.
ODUU08
RECOMMENDATION: Staff recommends that the Board adopt a "motion to approve the
Brown Extension of Vested Rights and 1041 Hazard Review Amendment, subject to the
conditions in the attached Resolution, which includes denial of the requests to expand the
building envelope on the uphill side and to remove the previously established house size
restriction."
Attachments
A. Colorado State Forest Service letters (3/8/99 & 9/19/95)
B. Colorado Geological Survey letter
C. Environmental Health memo
D. Planning Commission minutes — 10/24/95
E. BOCC minutes — 1/24/96
0UUUJ9
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING APPROVAL OF THE BROWN EXTENSION OF VESTED REAL
PROPERTY RIGHTS AND 1041 HAZARD REVIEW AMENDMENT
Resolution No. 99-
RECITALS
Joyce Brown ( "Applicant ") has applied to the Pitkin County Board of County Commissioners
(`BOCC ") to consider an extension of vested real property rights pursuant to* Section 4 -140 -030 of the
Land Use Code ( "Code "), and to amend several conditions of the approval, specifically to expand the
building envelope and to delete the 3,000 square foot floor area restriction.
The property is located between Highway 82 and the Roaring Fork River, adjacent to and
upstream from the Pitkin Iron property, and is more specifically described in Exhibit A.
3. The parcel is zoned AFR -10 and contains 3.22 acres.
4. 1041 Hazard Review and Conceptual Submission approval to construct a single family residence
was granted by the BOCC pursuant to Resolution No. 96 -87.
The BOCC reviewed the request at a duly noticed public hearing on April 14, 1999, at which
time evidence and testimony were presented with respect to this application.
6. The BOCC finds that the extension of vested rights, as revised by the conditions of this
resolution, generally complies with the applicable sections of the Code.
7. The BOCC finds that the reduction of the designated landscape buffer within the building envelope
from 10 feet to 5 feet in width is acceptable given the wildfire mitigation measures contained within the
original approval and amended by this resolution.
The BOCC finds that designation of an area on the uphill side of the building envelope in which to
allow construction of cantilevered building elements is acceptable as long as these elements do not disturb
slopes in excess of 30 %.
00UU14
Resolution No. 99-
Page 2
9. The BOCC finds that the proposed expansion of the building envelope on the uphill (north) side is
prohibited by Section 3- 80- 050(C)(2) of the Code, which prohibits development on slopes in excess of 30 %.
10. The BOCC finds that the 3,000 square foot floor area limitation included in Resolution No. 96 -87 is
justified given the physical constraints of this parcel.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby deny the requests to expand the building envelope on the uphill side
and to remove Condition # 8 of Resolution No. 96 -87 that limits the floor area to 3,000 square feet.
BE IT FURTHER RESOLVED by the BOCC that is does hereby approve the Brown Extension
of Vested Rights and 1041 Hazard Review Amendment, subject to the following conditions and the
conditions of Resolution No. 96 -87, except as amended herein all of which shall run with the land and be
binding on all successors in interest.
The Applicant shall submit an amended 1041 hazard review site plan on a 24 x 36 inchmylar sheet
to the Community Development Department for approval and recording, prior to submission of any
building permit applications. The site plan shall also be submitted in digital format suitable for
integration into the County's GIS system. The Applicant shall sign the mylar prior to submission
for recording. The site plan shall be modified as follows:
A. Reduce the landscaping area within the building envelope from 10 feet to 5 feet in width.
Note on the site plan that patios and decks are allowed within this area.
B. Designate a 10 foot wide on the uphill (north) side of the building envelope in which only
cantilevered building elements are allowed. Note on the site plan that no slopes in excess
of 30% may be disturbed during construction of any cantilevered building elements in
this area.
2. Prior to selection of a building site within the building envelope and prior to submission of a septic
permit or any building permits, and in order to assure proper foundation design, the Applicant shall
obtain several geotechnical borings from the building site. A qualified geotechnicai engineer
shall provide an evaluation of the borings and any recommended mitigation to the Community
Development Department. Staff may refer this analysis to the Colorado Geological Survey for
further review and approval.
3. Condition #1 of Resolution No. 96 -87 shall be amended as follows No development, including
grading, landscaping, vegetation removal or disturbance, and septic system, shall occur outside of
the approved building envelope, except for utility and driveway extension and maintenance, and as
may be necessary to implement the wildfire mitigation measures required elsewhere in this
document. The well may be located outside of the building envelope on the upper bench of the
property adjacent to Highway 82. A 5 foot landscaping area shall be reserved along the downhill
X100011 2
Resolution No. 99-
Page 3
(southern) side of the building envelope to mitigate fire hazards and to minimize impacts on the
slope and vegetation below. Construction fencing shall be installed along the5 foot setback during
construction in order to minimize impacts.
4. The following conditions shall replace specific provisions contained within Condition #4 of
Resolution No. 96 -87:
A. Bullet #9 shall be replaced with the following: Roofs shall have a Class A, non-
combustible roof system. Wood shake /shingle roof coverings and flat roofs (up to a 4:12
pitch) are prohibited in all wildfire hazard areas.
B. Bullet 912 shall be replaced with the following: For projections below the roof line
(including but not limited to exterior balconies, decks, porches, cantilevered floor
projections, and bay windows which extend over a flat or sloped surface) the open space
between grade and the underside of projections below the roof line shall be enclosed by
solid, vertical walls. These walls shall be constructed with materials approved for 1 hour
fire- resistive construction on the exterior side of the wall and shall extend from the top of
grade to the underside of the floor decking or walls of the projection. An alternative
construction method for such projections would require use of noncombustible building
materials, or heavy timber or log wall construction, if the underside of the projecting
portion is covered with materials approved for one hour fire resistive construction and if
there are no inside angles of less than 75 degrees. Areas below such projections shall be
void of vegetative or other combustible materials. These areas below projections shall be
protected from accumulation of vegetative materials by placement of a vegetative barrier
covered with rocks or gravel or by coverage with concrete or stone. There shall be no
storage of combustible materials under projections. The walls underneath projections
shall be constructed with materials approved for 1 hour fire- resistive construction on the
exterior side of the wall. Window openings in walls below projections shall be tempered
glass. Doors shall be noncombustible or 13/4" solid wood.
The Applicant shall adhere to all material representations made in public hearings and in the
application.
6. This extension shall expire three years from the date of this approval on April 14, 2002.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 13th day of
March, 1999.
APPROVED AND ADOPTED this 14th day of April, 1999.
VESTED RIGHTS NOTICE published in the Aspen Times Weekly on the day of
1999.
0uuu12
Resolution No. 99-
Page 4
ATTEST:
Jeanette Jones, Deputy County Clerk
APPROVED AS TO CONTENT:
CXC
Cindy Houben
Community Development Director
P14 -99
PID 92643- 084 -00 -014
suzannew \pitkin \cases \vre \brown\reso. doc
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BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
LIM
Leslie J. Lamont, Chair
APPROVED AS TO FORM:
John Ely
County Attorney
March 8, 1999
Suzanne Wolff
Aspen /Pitkin Community Development Dept.
130 South Galena
Aspen, CO 81611
Re: Brown Extension 1041 Wildfire Hazard Review
Suzanne,
W
FOREST
SERVICE
State Services Building
222 S. 6th Street, Room 416
Grand Junction, Colorado 81501
Telephone: (970) 248 -7325
a i d'v t, +-,
4, 1999
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7:1 C —
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I reviewed the application and revisited the site on March 2 "d. My second visit
was to refresh my memory of the uphill side of this property since the owner
wants to expand that side of the envelope. Although it is steep the woody
vegetation is sparse, mostly serviceberry. I also pulled out the letter (see
enclosed) dated September 19, 1995 to Mr. Kwiecienski to see what I advised
back then to mitigate the wildfire hazard. In that letter my biggest concern was
the setback from the edge of the slope going down to the river. That is still a
concern if nothing is done to thin woody vegetation and eliminate the ladder fuels
of the existing trees as prescribed in that 1995 letter. I would still recommend a
10 foot area on the uphill and sidehill areas where the vegetation is maintained
at six inches or less around the structure.
In the BOCC resolution the applicant was required to implement the full measure
of mitigation requirements contained in the code. If these conditions are adhered
to when the structure is finally built, I see no reason to delay the application for
an extension of vested rights.
Feel free to call me with any questions.
Sincerely,
A. Vince Urbina
Assistant District Forester
Enclosure
uJuJ-".4
U010=
FOREST
SERVICE
State Services Building
222 S. 6th Street, Room 416
Grand Junction, Colorado 81501
Telephone: (970) 248 -7325
September 19, 1995
Francis Krizmanich
Aspen /Pitkin Community
130 S. Galena Street
Aspen, CO 81611
Development Department
Re: Kwiecienski 1041 Hazard Review
Francis,
On September 5th I inspected the Kwiecienski property with you
and John Denison. Access into the property is sufficient to
satisfy fire vehicle needs. The building envelope as you know is
located on a nearly level bench and very narrow. This bench then
slopes down to the Roaring Fork river. This slope exceeds 300
and is heavily vegetated with shrubs and trees.
My specific wildfire hazard mitigation recommendations are as
follows;
- Locate the side of the building closest to the river as far away
from the edge (30 feet) as possible to prevent exposure to
convective and radiant heat from any fire burning below.
-Limb up the large trees growing along the edge to a height of
10 feet above the level of the building site.
- Remove the Gambel oak growing along the edge for a distance of
15 feet down slope.
- Follow standards for defensible space as outlined in Pitkin
County Code 3- 807.C.2. Incorporate structural and design options
where possible to complement defensible space measures.
Thanks for the opportunity to review this proposal. Please
contact me if you have questions about these com•nents.
Sinc!e-{�ly,
A. Vince Urbina
Assistant District Forester
cc: Steve Crockett - Pitkin Cty. Sheriff's Office
Steve Howard - Basalt FPD
Mark Kwiecienski
ODUU15
COLORADO GEOLOGICAL SURVEY
Division of Minerals and Geology
Department of Natural Resources
1313 Sherman Street, Room 715
Denver, Colorado 80203
Phone: (303) 866-2611
FAX: (303) 866-2461
Ms. Suzanne Wolff
Aspen/Pitkin Community
Development Department
130 South Galena St.
Aspen, CO 81611
March 1,1999
Dear Ms. Wolff:
Re: Brown Extension of Vested Rights
STATE OF COLORADO
PI -99 -0005
DEPARTMENT OF
NATURAL
RESOURCES
We have reviewed the materials submitted on this issue as well as the general and
engineering geology of the site. The site was reevaluated in the field on Feb. 24,1999 to
verify our earlier impressions of the constraints associated with the proposed
development with a single - family residence.
Generally, we concur with the observations presented By Mssrs. Lampiris and Collins
and of their recommendations are followed, we see no serious problems at this site.
Bill Owens
Governor
Greg E. Walcher
Executive Director
Michael B. Long
Division Director
Vicki Cowart
State Geologist
and Director
One additional potential problem may affect the building envelope to the extent that it
should be addressed prior to final approval of this amended plan. Subsurface
investigations conducted for the Highway 82 project indicate the presence of interbedded
lenses of colluvial debris on the contact with the underlying Mancos Shale beneath the
alluvial terrace deposits in this stretch of the river valley. These materials can be
encountered in either a dry or wet condition. As such they represent potential zones of
weak soils vvhich need to be evaluated in detail to assure proper foundation design.
Given the anticipated excavation into this slope, we would recommend that this
possibility be evaluated by several geotechnical borings prior to final building envelope
selection. , ' n =_
i
With this one additional recommendation, we have no objection to the approval of this
modified development plan and the extension of vested rights on this site.
Yours truly;
Jeffrey L Hy
MEMORANDUM
To: Suzanne Wolff, Community Development Department
From: Thomas S. Dunlop, Director �Z v
Environmental Health Department
Date: March 31,1999
Re: Brown Extension of Vested Rights
Parcel ID # 2643- 084 -00 -014
Case # P14 -99
The Aspen / Pitkin Environmental Health Department has reviewed the details of the Brown
Extension of Vested Rights application under the authority of the Pitkin County Land Use Code
and has the following comments. This review offers comments that will modify prior comments
made by this office at 1041 and General Submission, dated July 13,1995. This office has no
objection to extending the building envelope to better accommodate dwelling and utility features
presented in the application.
ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2 -17 and 3 -1104:
"It is the policy of the County to insure the availability of a water supply of adequate quality, quantity, pressure and dependability for fire
protection and support of a proposed land use prior to approval of the use. The County shall require land uses to hook up to existing public
systems if service is available."
This Department needs adequate information on the quantity and the quality of water available.
To do this, the owners will need tests of on -site wells done by a water engineer or well driller. The
applicant must ensure that the water quality is acceptable by having it tested by a lab such as the
Snowmass Water and Sanitation District or Aspen Consolidated Sanitation District. Other lots in
this area have had water of acceptable quality and quantity. Before this department can issue a
septic system permit, the owners must drill the well(s) to ensure that the well(s) will meet the
required setback distance from the septic system. Before drilling the well(s), the applicant
should be sure that it will be possible to fit the waste water disposal system far enough away
from the well(s). This property has approval to place the well outside the building envelope as
defined in Pitkin County Resolution 96 -87.
We recommend low water landscaping (xeriscaping), with the timing of any sprinkler systems
decreased for low water plants. Contact the Colorado State University Cooperative Extension
office or Denver Water Board for more information on xeriscaping.
P—Lt d — Recycled Npar
00UUii
A condition of approval for this application is: The applicant must document to the
Environmental Health Department that the well(s) meet setback requirements and that
quantity and quality of the well water are adequate, prior to issuance of septic system
and building permits.
SEWAGE TREATMENT AND COLLECTION: Sections 2 -18 and 3 -1105: "it is the policy of the County to
ensure that adequate sewage treatment facilities are available to serve existing and new developments. Public and private sewage disposal systems
and connections to such systems shall comply with the sewage disposal guidelines of Pitkin County's Individual Sewage Disposal System
Regulation."
Septic systems installed within Pitkin County require permits issued by the Environmental Health
Department, and must comply with the County's Individual Sewage Disposal System Regulation.
Owners should realize that a Registered Professional Engineer must perform the soil tests between
April 15 and Nov. 15. The County cannot issue building and septic system permits without these
soil tests. To receive a permit, the applicant will need to submit an application through a
Registered Professional Engineer who will design the septic system. The packet must include
several items, including percolation test results and profile hole information. It must also include a
site plan with pertinent physical features. A floor plan for the dwelling and caretaker unit and a
copy of the County's land use approval are needed as well. Once we receive the completed
application, this Department will analyze and review the proposed septic system design.
The applicant should know that it may take from 2 -6 weeks to obtain a well permit (required
before septic system design). It may take some time to have soil tests performed and additional
time to have the system designed. The department can evaluate the site and soil tests only
between April 15 and Nov. 15. The owner should carefully evaluate this schedule to make sure
all steps have been taken to make the permitting process as fast as possible.
Applicants should also be aware that many building envelopes are too small to allow any but
the smallest house and still have the septic system meet required setbacks from wells. It may be
difficult to locate the sewage disposal within the building envelope.
The type of soil and house size will determine how large the septic system must be. The owners
will need to obtain site specific soil data.
The leach field should be in an area of no traffic (vehicular or domestic large animals), the owner
should plant the field area with dry land grass, and residents should not water the leachfield area.
It is desirable to locate the system below the house so that the system can operate by gravity. The
applicant should refer to the Pitkin County Sewage Regulations for detailed information, or call
our office to discuss this site.
The Pitkin County Land Use Code prohibits soil absorption systems in areas where the ground
slope is in excess of thirty percent (30 %).
P,,nt,d on Ro.y&ed Pnp-
00UU., L8
The well permit may state that the septic system must be of the non - evaporative type where the
water returns to the aquifer system adjacent to the well. If so, the owner cannot install a
completely lined field, such as an evapo- transpiration bed, without a new well permit or a plan of
water augmentation.
A condition of approval for this application is: The Environmental Health Department
must receive and approve a septic system application, and issue a permit for
construction of the septic system, prior to issuance of a building permit.
WATER QUALITY IMPACTS: Sections 2 -14 and 3 -705 and 3 -710:
"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 pohcy 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 impacts on down stream water qualit�'.
This application should not impact down stream water quality if the setbacks between the septic
system and physical features comply with the Pitkin County Individual Sewage Disposal
Regulations.
The Environmental Health Department's mission is to preserve and protect the quality of Pitkin
County's water resources. Since a large percentage of the population is dependent upon water
from wells, elimination of groundwater pollution, and protection of aquifers and their drainage
areas are of utmost importance. Roofs and asphalt areas can be nonpoint sources of water
discharge that can contaminate water supplies. This Department recommends that nonpoint
sources of discharge be retained on the property of origin. To accomplish this, the owner can use
landscaping, drainage patterns, detention ponds, and/or dry wells for containment of water
runoff from buildings.
AIR QUALITY: Sections 2 -13 and 3 -602:
"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 under Federal, State or County regulations."
This project should not contribute significantly to degradation of air quality in Pitkin Count\, since
it consists of only a single family home.
Printed — Reryded NJ-
OU, LiUi9
FUGITIVE DUST
Activities such as road building and landscaping require a Fugitive Dust Plan. The measures must
prevent windblown dust from blowing off the property or creating a nuisance. This plan must
include, but is not limited to; fencing, watering of haul roads and disturbed areas, daily cleaning of
adjacent paved roads to remove mud carried out by trucks, speed limits, or other measures.
A condition should be: Approval is required by the Aspen/Pitkin Environmental Health
Department of the fugitive dust control plan; containing enough measures to ensure that
dust does not become a nuisance or blow onto adjacent property.
FIREPLACE
The less densely populated parts of the county like this site may have two devices per building.
The owners can install no more than one wood burning fireplace and a second device that can be
either a gas log fireplace or a certified woodstove. In addition, the owner can install unlimited
numbers of decorative gas appliances. Occupants may not burn coal in any device. The owners
cannot install fireplaces or woodstoves in barns or agricultural buildings.
Any remodeling that affects the firebox of your fireplace will necessitate that the device meet
current regulations.
A condition of approval for this application is: The Environmental Health Department
must receive the fireplace /woodstove registration document.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2 -7: "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.
glur.brwnvest.doc
Printed un Rnyded Paper
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.392271 04/370/96 04:07P PG 6 OF 6
EXHIBIT "A"
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oduu21
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.1g and Zoning Commission
. i
I would like to see marginal notes on the minutes from all those in attendance.
Do we have any comments from the public not before us on today's agenda.
: We are prepared to go last on the agenda on Tagert Lakes.
MINUTES:
Krawzoff Minutes from the 5th. Strike the first sentence and then they will be correct.
Guthrie: So moved.
Krawzoff. Second.
(Guthrie Whipple Krawzoff (for) Caskey Vickery (abstain))
Krawzoff: So approved.
III NEW BUSINESS
Krizmanich: This is the Kwiecienski 1041 Hazard Review & General Submission. The property is
adjacent to Highway 82, is not in the scenic overlay, and lies beside (inaudible) . It is 175 feet to the
edge of the hill, the highway noise is a big impact and the applicant proposes to build on a bench.
The site is standard, positive drainage, the slope is 15 to 30 %. There seems to be room for a garage
and leach field. The most significant problem is wildfire which is moderate hazard and I am not sure
it is severe. The comments from the State Forest Service indicates it is a fairly severe hazard and
recommended fire resistant construction.
I went back to the site, I have trouble recommending denial based on the severe hazard,
generally the slope is so steep' it is void of vegetation. At this point, I feel comfortable with a 10 foot
setback subject to the applicants agreement to the forest service recommendations. One story
construction, rock or stone facing, but I do not have a full list of recommended conditions.
Krawzoff: Would you like to make a presentation:
Neilly: The site is constrained with respect to building envelopes. Building next to the highway was
unacceptable to the applicant and the public. We were unaware of the forest service, there may be
some other mitigating factors. All of this came up promptly. If there are significant concerns, we
would table in the near future. We would concur with the vegetation on the slope. This application
has been pending for a while. Mark is waiting to buy the property, the potential for the upper site is
unacceptable. There is a variance application pending for that because of the 200 ft set back. There
is a fisherman's easement along the river. The site is acceptable with 10 foot set back, with a 30 foot
u0tlud22
Pitkin County Planning and Zoning Commission
October 24, 1995
Page 3
set back it is not capable.
Guthrie: You would not expect a log home in here? The view from Woody Creek Road, if it is
stucco, it will stand out.
Kim Weil: It will be blocked from the 900 contour.
Mark: I was planning on using earth tones anyway.
Guthrie: I do not want to create another problem.
Mark: I don't think you can see it from Woody Creek.
Francis: Can you see Mountain Mobile Mix?
Krawzoff. What is in the neighborhood?
Francis: Pitkin Iron directly across, Western Mobile, Highway 82. On the upper bench it would be
140 from the right of way. Quite impacted by highway noise.
Guthrie: The septic issue?
Francis: There is room on the bench, we do not support pumping it up hill.
Whipple: I feel comfortable if we can find a mechanism for dealing with the fire.
Francis: From a wildfire content, logs are unacceptable.
Whipple: Are you okay being before the mercy of Francis and the Forest Service?
Neily and Mark: Yes.
Weil: The one issue I want to get at, the bench is limited, once you build a septic field, you cannot
build over it, we will have to trench across a slope of 30 %. The power pole is here, we will have a
cut to get from the pole down to our bench. We propose to use the same trench as our sewer line.
There is not room for the leach field.
Whipple: The amount of head on a pipe down the hill, the system is very complex.
Weil: We do not want to preclude it here.
Mark: If we don't have to do it up there, but it is not a real difficult system to put up and is very
ODUU23
Pitkin County Planning and Zoning Commission
October 24, 1995
Page 4
reliable. We have to have the ability to move around.
Malloy: Are you undergrounding the electric from that pole?
Weil: Yes.
Malloy: What about over ground?
Weil: I understood it should go underground.
Francis: Trenching is prohibited too. The code does not allow that. You could tap in at the highway.
I do not support cuts in the hill side.
Weil: I would request we could put the leach field in that 10 foot setback.
Francis: I don't have any problems with that. If you put the leach field up high, put the house up there
too. The leach field would limit the size of the house.
Guthrie: I would rather see it above ground versus the easemen direct route doen the hill. Obviously,
it is County owned property too, then that is another problem. With the septic system, I think there
is room. Construction management, because of the hillside, will have to be tough. I don't want that
house on the upper bench.
Krawzoff. The house is okay on the bench, 10 foot set back, prior to BOCC and resolve the utility
issue.
Neilly: Where Western Mobile comes in, there has already been disturbance to the land. In regard
to the septic, we will discover how large a home can be built.
Krawzoff. We would like to see, the power in the existing road cut.
Caskey: With the Woody Creek site issue, it does not matter. How much assurance we had that they
will not be disturbed.
Krawzoff. No utility cut up the slope from the site and recommend the utilities be within the
disturbed area created by the road cut for Western Mobile.
Vickery: I would like to hear comments on placing a restriction on size and height.
Caskey: The size will be limited by the envelope, a second story is another question.
Neiley: We would like to go two story, it should have no negative public impact.
ODUU24
Pitkin County Planning and Zoning Commission
October 24, 1995
Page 5
Vickery: On the up hill side of the house, how is that handled.
Mark: The site is so constrained, if I only have one story, the leach field increases by the size of the
house.
Krawzoff. What is the sq footage?
Mark: 2,500 to 3,000 not including the one car garage.
Caskey: My concern it doesn't seem to make sense, listen to Boulder about design considerations.
It is the safety consideration we are trying to deal with.
Weil: If we build a one story house, it has windows on just one side. The two level house can have
windows on each side.
Caskey: Do you want to table it?
Neiley: We understand and accept there is an element of uncertainty and we are willing to accept
that. If we have problems with Boulder, we still have to go to the BOCC. We will agree with the
Forest Service recommendations. We would like to move ahead.
Weil: I don't think there is much there.
Francis: Probably a single story house.
Whipple: Then you go to with my gratitude, it will be a grime program to begin with.
Whipple: I move we approve a recommendation with the discussed alterations...
Francis: Trenches shall not cross 30 %, if they can put it in the cut created by the road, and a
preference in the under grounding on the already cut site, follow the mitigation recommended by the
Forest Service.
Vickery New condition number 9.
Vickery: I move the P &Z Comm recommend approval for this property with conditions 1 - 8 and
additional 9 and 10 outlined in the discussion.
Whipple: Second
Krawzoff: I call the question. Unanimous.
ouuu25
Commissioner Ireland reiterated there is a prohibition on dogs. He also stated he does not have a problem
with use of the cabin year - around, especially because there is a residence beyond his property.
Commissioners Lamont and True concurred.
Commissioner Ireland stated some improvement should be made to the road as the County Engineer
recommends that is environmentally feasible.
Commissioner Ireland moved a modification should be made to Condition No. 7 to require the
applicant to comply with reasonable suggestions made by the County Engineer for improvement of
the road consistent with not damaging the environment. With a second by Commissioner Tuite, the
motion passed unanimously.
Commissioner Ireland moved applicant be required to join a road improvement district, if one is
formed at a later date, and participate in the Redstone Ranch Subdivision road improvement district,
if one presently exists. This would be in lieu of Condition No. 11. With a second by Commissioner
Tuite, the motion passed unanimously.
A discussion ensued regarding the definition of a 1,200 square foot cabin. It was decided the basement
should be no larger than the footprint of the residence as constructed.
Commissioner Ireland moved to amend Condition No. 12 to say the applicant shall be limited to 1,200
square feet of floor area as defined in the Land Use Code and to a basement no larger than the
footprint of the residence as constructed. With a second by Commissioner Tuite, the motion passed
unanimously.
Dan Christmas requested the Board consider moving out buildings (wood shed or storage shed) from the
requirement. A discussion ensued as to square footage limits for the out buildings. The Board decided out
buildings should total no more than 750 square feet.
Commissioner Ireland moved to amend Condition No. 12 to say out buildings should total no more
than 750 square feet, cumulative out buildings including the garage. With a second by Commissioner
Tuite, the motion passed unanimously.
Commissioner Ireland moved to approve the Resolution as amended for No. 7, the replacement of
Condition No. 11, amendment of Condition No. 12 and otherwise approve the Resolution as it is.
With a second by Commissioner Tuite, the motion passed unanimously.
RESOLUTION GRANTING A CONCEPTUAL SUBMISSION APPROVAL TO MARK
KWIECIENSKI TO CONSTRUCT A SINGLE FAMILY RESIDENCE - MOTION TO APPROVE
WITH AMENDMENTS - Francis Krizmanich presented the issues as outlined in his Agenda Item
Summary of January 24, 1996. A copy of the Summary is made a part of the record as Exhibit "C ". Mr.
Krizmanich stated applicant is now requesting the well be placed at the top of his property. Staff concurs
with this request with the condition applicant is willing to enter into a restriction of the size of his house to
2,400 square feet.
BOARD OF COUNTY COMMISSIONERS 7 JANUARY 24, 1996
00uu26
Mr. Krizmanich also received a fax communication from Western Mobile. Generally, the fax states the
requirements of Western Mobile for easement access onto the property. The driveway should be designed
to intersect the access road at a right angle which is required by the access permit to provide the maximum
visibility of all approaches to the intersection. The nature of the vehicles, heavy trucks, currently utilizing
the existing roadway should be emphasized to the residential property owner. Mr. Krizmanich would
recommend that as part of the easement, if granted, the applicant acknowledge the existence of the
operation next door and indemnify the County or whatever the County Attorney thinks is appropriate.
Applicant's lawyer clarified the reasons for the sites of the road, well, and residence.
Applicant's architect proposed slightly different language be used on page 3, fourth paragraph from the
bottom of the page. He wants the paragraph to read: "Siding and exterior wall construction shall be of
nonflammable concrete, brick, stucco, stone or comparable material. The outside of all exterior walls shall
be sheathed with materials approved for 1 hour fire resistant construction." As it reads now, it appears that
applicant has to build 1 hour walls. He wants the language to be consistent with other similar language in
the Resolution. He also wants to clarify on page 3, third paragraph from the top of the page, "roof' refers to
"the uppermost roof' so that decks and balconies are not construed to be flat roofs.
Commissioner Ireland moved to add an additional parenthetical clause to bullet No. 3 on page 3 to
read "(except that decks and balconies shall not be considered flat roofs)." With a second by
Commissioner Tuite, the motion passed unanimously.
Commissioner Ireland moved to amend the paragraph regarding the 1 hour fire resistant walls to
read: "Siding and exterior wall construction shall be of nonflammable concrete, brick, stucco, stone
or comparable material. The outside of all exterior walls shall be sheathed with materials approved
for 1 hour fire resistant construction." With a second by Commissioner Tuite, the motion passed
unanimously.
Applicant requested an amendment be made to paragraph 1, page 1, and paragraph 2, page 2 of the
Resolution. Applicant wants paragraph 1 to read: "All development, including the sewage disposal system,
shall be contained within the building envelope." Paragraph 2 should be amended to read: "Approval of
this building envelope is subject to the applicant obtaining an access and underground utility easement from
Pitkin County prior to issuance of any building permits."
Commissioner Ireland moved to adopt the amendments to the language which is the deletion of "and
well" from paragraph 1 and the addition of "and underground utility easement" to paragraph 2.
With a second by Commissioner Lamont, the motion passed unanimously.
A discussion ensued regarding inserting the words "representations and" into Condition No. 8.
Commissioner Ireland moved to amend Condition No. 8 to read: "The applicant shall adhere to all
representations and commitments made in this application." With a second by Commissioner Tuite,
the motion passed unanimously.
Chairman True opened the hearing to the public. There being no public comment, the matter was brought
back before the Board for action.
BOARD OF COUNTY COMMISSIONERS 8 JANUARY 24, 1996
�0 uu27
Francis Krizmanich stated he recommends the applicant should commit to a home size of 3,000 square feet
FAR if the County is going to grant a well easement on the top portion of the property.
Commissioner Ireland moved to add a limitation of 3,000 square feet to the size of the house defined
as FAR under the current Land Use Code. With a second by Commissioner Lamont, the motion
passed unanimously.
Commissioner Ireland moved approval of the Resolution with the amendment to Condition No. 8,
"material representation ", the addition of 3,000 square feet FAR as defined under the Code, the
changes in bullet 4 from the bottom of page 3, the change in page 3 to amend "no flat roofs" to except
decks and balconies from the requirement, the addition to paragraph 2 of the underground utility
easement language and the omission from paragraph 1 of the "and well" phrase at the end of the first
phrase in number 1. With a second by Commissioner Tuite, the motion passed unanimously.
RESOLUTION GRANTING SPECIAL REVIEW APPROVAL FOR THE BASALT TO ASPEN
115KV TRANSMISSION LINE REBUILD (HOLY CROSS ELECTRIC) - MOTION TO
CONTINUE TO MARCH 13. 1996 - Ellen Sassano presented the issues as outlined in her Agenda Item
Summary. A copy of the Summary is made a part of this record as Exhibit "D ". Holy Cross is represented
by Walter D. Dorman, Construction Engineering Supervisor.
Ms. Sassano submitted photographs of the existing poles and line. A copy of those photographs are made a
part of this record as Exhibit "E ".
Ms. Sassano understands one of the main concerns of the Woody Creek Caucus is the visual impact with
respect to height of poles.
Ms. Sassano stated one of the concerns of the Staff is staging. Holy Cross has worked with Elam
Construction to locate a staging site within Elam's pit. The Caucus has no qualms with this staging site.
Staff is looking at April through November of 1997 for the staging site to be in use. There might be a
second staging site down valley. In the event this might happen, the Planning Commission is
recommending Holy Cross come back with neighborhood comments so the Commission can review the
specific site, assuming it is in Pitkin County.
As far as 1041 concerns, there are no significant issues. Wildlife is one concern the County could use more
information on. Holy Cross has agreed to work with the Division of Wildlife so that timing is such that
disturbance will not be a negative impact on wildlife.
Walter Dorman, Construction Engineering Supervisor for Holy Cross, stated the original line was never
built heavy enough to supply sufficient electric to the Aspen Substation. Mr. Dorman stated Holy Cross
Electric feels the project is very important and it needs to be completed as soon as possible to increase
reliability to the Aspen and Basalt Substations. Right now, there is only one dependable, useable line that
links Basalt to Aspen. The new 115KV is capable of economically supplying two times the amount of
power that is consumed in the Aspen Substation. The project is needed for reliability, not capacity.
There are seven (7) alternatives for the project:
BOARD OF COUNTY COMMISSIONERS 9 JANUARY 24, 1996
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The
JOYCE BROWN PROPERTY
An Application to Extend
Vested Rights for a Single Family Residence
and
A Request to Amend Conditions of Approval
A 3.22 -Acre Parcel of Land, R86W, Located in Lot 10,
Section 8, T95, of the 6th P.M.
(Between Highway 82 and the Roaring Fork River, Upstream
and Adjacent to the Former
Mountain Mobile Mix Property)
Prepared by:
Francis X. Krizmanich
Land Use Planning
0079 Light Hill Road
5nowmass CO 81654
(970) 927 -4263
January, 1999
Table of Contents
I. Introduction
II. Site Data
III. Request for Extension of Vested Property Rights
IV. Request to Amend Conditions of Approval
V. Attachments
1. Maps
2. BOCC Resolution No.96 -87
3. Geologic Report from Bruce Collins, Ph.D. Consulting Geologist
4. Pre - Application Form
5. Agreement to Pay
6. Proof of Ownership
7. Letter of Authorization
8. Adjacent Owners
9. Access & Fishing Easement and Release and Waiver of Claims
Included with this application is a separate 24 "x36" blue -line copy of the approved
"Kwiecienski 1041 Hazard Review."
00OU31
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I. INTRODUCTION
The Applicant, Joyce Brown, is requesting approval of an Extension of Vested Rights for the
"Kwiecienski 1041 Hazard Review" as approved by the Board of County Commissioners
Resolution No.96 -87. The Applicant also requests amendments to the conditions of approval
contained in the Board's Resolution No.96 -87.
The Applicant purchased the property in 1996, shortly after it had received "1041 Hazard
Review" approval. Since that time, the Applicant has been unable to develop an acceptable home
design due to the extremely narrow, 20 to 23 -foot building envelope that was previously
approved. The Applicant believes that a minor expansion of the building envelope to 30 feet wide
would allow successful development of the site while creating no adverse visual or environmental
hazard impacts. This application has attempted to address all of the Land Use Code Standards
and issues raised by the Planning Staff. If additional information is required in the course of this
review, the Applicant will make every attempt to provide the requested information.
00002
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II. SITE DATA
Project Representative:
Francis X. Krizmanich
(970) 9274263 (Phone & FAX)
Owner:
Joyce Brown
Parcel I.D. #:
2643 - 084 -00 -014
Zone District:
AFR -10
Lot Size:
3.22 Acres
Approval:
1041 Hazard Approval was granted by Board of County
Commissioners Resolution No.96 -87.
Access:
Access is provided by an easement over the existing road
that accessed the former Mountain Mobile Mix site.
Water:
The site is served by an existing well.
Sewer:
An individual sewage disposal system is proposed.
OOL033
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�. III. REQUEST FOR AN EXTENSION OF VESTED PROPERTY
RIGHTS
This application for an Extension of Vested Property Rights contains the requirements from
Section 4- 140.30 and the Applicant's response to those requirements as follows:
_ Code: "A. In reviewing a request for the extension or reinstatement of vested property
rights, the Board shall consider, but not be limited to, the following criteria:
1. The applicant's compliance with any condition requiring performance prior
to the date of application for extension or reinstatement of vested rights;"
APPLICANT'S RESPONSE: There are no project conditions requiring performance
- prior to the date of application for extension of vested rights. The Board of County
Commissioners Resolution No.96 -87 is attached for reference.
Code: "2. The progress made in pursuing the project to date including the effort to
obtain any other permits, such as building permits, and the expenditures made by
the applicant in pursuing the project."
ODUU34
APPLICANT'S RESPONSE: Since the approval was granted, a well has been installed
and an easement for access has been approved and recorded. Progress on development of
the site has been limited. The Applicant has considered numerous design approaches, but
all are severely limited by the narrow approved building area that averages 20 to 23 feet in
width.
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Code: "3. The nature and extent of any benefits already received by the County as a
result of project approval such as impact fees or land dedications."
APPLICANT'S RESPONSE: As part of the Kwiecienski 1041 Hazard approval granted
by BOCC Resolution 96 -87, the original applicant purchased an access and utility
easement from Pitkin County, granted a public fishing easement, and waived any future
claims against the County regarding the former Mountain Mobile Mix site. The "Access
and Utility Easement" and the "Release and Waiver of Claims" are attached (the exhibits
related to these documents have been omitted.
Code: "4. The needs of the County and the applicant that would be served by approval
- of the extension or reinstatement request."
APPLICANT'S RESPONSE: Approval of the Extension Request will benefit the
Applicant by allowing additional time to develop or sell the property. Development of the
property according to the approved plan will benefit the County by allowing a low visual
impact project that preserves the open meadow along the Highway 82 corridor.
- Code: "5. An extension or reinstatement may be in the form of a development
agreement duly authorized and executed by the applicant and the County.
Reasonable conditions may be imposed by the Board when granting any such
extension or reinstatement.
APPLICANT'S RESPONSE: The Applicant agrees to abide by the terms and
conditions of the approval in a form stipulated by the County.
ODUU35 5
IV. REQUEST TO AMEND CONDITIONS OF APPROVAL
The Applicant requests approval of amendments to condition numbers 1 and 8 in the
attached BOCC Resolution No. 96 -87, to allow an expanded building envelope.
Condition 1 states:
"All development including the sewage disposal system, shall be contained within
INN the building envelope. The well is approved to be located outside of the building
envelope, on the upper portion of the property, adjacent to Highway 82. A 10 foot
landscaping area shall be reserved along the bank edge of the building envelope to
mitigate fire hazards, erosion and riparian vegetation impacts. A fence shall be
installed along the 10 foot setback during construction in order to minimize
impacts."
The Applicant requests approval to expand the approved building envelope on the uphill
side of the property by 5 to 7 feet. - the average slope of the building envelope will be
limited to 30% or less. The Applicant also requests approval to cantilever up to 10 feet of
building area behind the uphill side of the building envelope, so long as no slopes in excess
of 30% are disturbed. On the downhill side of the building envelope the Applicant
requests a reduction of the 10 foot landscape area to 5 feet. The Applicant believes that
the reduced setback will still achieve its intended purpose while allowing significantly
increased architectural flexibility for the home design.
Condition No. 8 limits the home to 3,000 square feet of floor area and the garage to
750 square feet.
The Applicant requests that this condition be deleted. There is no apparent visual impact
�- or hazard concern that should limit the size of the home. The Applicant believes that the
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existing site constraints will adequately limit house size. These limitations are outlined
below:
The Applicant's property contains approximately 3.22 acres of land located between Highway 82
and the Roaring Fork River, adjacent and upstream of the former Mountain Mobile Mix site.
The property contains a significant flat meadow in excess of one acre with 300 frontage feet along
Highway 82. The proposed development, on a lower bench of the property, invisible to
Highway 82, contributes significantly toward maintaining an open and visually pleasing highway
corridor.
The property slopes steeply from the edge of the meadow down to the Roaring Fork River. The
° steep slope is interrupted by an existing bench of land that is the proposed building envelope. The
upper slope, from the meadow down to the building site, is 60 feet high, with a slope of
approximately 50 1/o. The bench that contains the existing building envelope averages
approximately 30 to 33 feet in width, with a building area that is restricted to approximately 20 to
23 feet in width. A 10 -foot landscape area is reserved along the downhill side of the building
envelope to provide fire protection and to mitigate geologic hazards. From the edge of the
building envelope to the Roaring Fork River, is the second steep slope, also in excess of 50%
which drops 50 feet to the river's edge. The property line ends in the center of the Roaring Fork
River. The average slope of the property, from the highway edge to the center of the river, is
28 %.
The Applicant is presently limited to an area which averages 20 to 23 feet in width to develop a
,I, home. Developing a foundation and exterior wall system that is required to achieve a high
standard of wildfire protection will likely result in a home with significantly less than 20 feet of
interior width. The Applicant believes that by extending the building front, toward the river, by
5 feet and by also extending the building toward the hillside by approximately 5 to 7 feet, a
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ODUU37 7
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workable building could be developed. The resulting building envelope would average
approximately 30 %.
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A reduced Slope Map is attached which shows some slopes across sections of the building area.
A representational cross - section map of the site is also included to help visualize the limited extent
of the proposed development and expansion area.
On the uphill side of the building envelope, the Applicant also requests approval to cantilever up
to 10 feet of building or deck area over the edge of the building envelope, so long as no slopes are
disturbed.
This application includes an updated geology report from Bruce Collins, Geologist. Mr. Collins
indicates that the proposed expansions can be safely accommodated subject to standard
engineering conditions. The Applicant is willing to comply with these conditions.
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V. ATTACHMENTS
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ATTACHMENT 2
BOCC RESOLUTION No.96 -87
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79E271 04/30/96 04:07P P6 1 OF 6 REC DOC
SILVIA DAVIS PITY.IN COUNTY CLERK. R RECORDER 0.00
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
ODU045
OF PITKIN COUNTY, COLORADO, GRANTING A CONCEPTUAL
SUBMISSION APPROVAL TO MARK KW'lECIENSKI TO CONSTRUCT A
SINGLE FAMII,Y RESIDENCE
RESOLUTION NO. 96 -�
RECITALS
1. Mark Kwiecienski has applied to Pitkin County for Conceptual Submission
approval to construct a single family residence on a property which contains steep slopes,
floodplain and wildfire hazards and riparian habitat.
2. The property contains approximately 3. 22 acres and is described on Exhibit "A"
attached.
3. This application was reviewed by the Planning Commission on October 24, 1995.
The Planning Commission recommended approval of this application subject to
conditions.
4. The Board of County Commissioners heard this application at a regularly
scheduled and duly noticed public hearing on January 24, 1996, at which time evidence
and testimony was presented with respect to this application.
NOW THEREFORE BE IT RESOLVED by the Board that it hereby approves
the Kwiecienski Conceptual Submission subject to the following conditions:
1. All development, including the sewage disposal system, shall be contained within
the building envelope. The well is approved to be located outside of the building
envelope, on the upper portion of the property, adjacent to Highway 82. A 10 foot
landscaping area shall be reserved along the bank edge of the building envelope to
UCC
Resolution No. 96-
Page 2
mitigate fire hazards, erosion and riparian vegetation impacts. A fence shall be installed
along the 10 foot setback during construction in order to minimize impacts.
2. Approval of this building envelope is subject to the applicant obtaining an access
and underground utility easement from Pitkin County prior to issuance of any building
permits. As part of any easement agreement, the applicant shall waive any claims against
the existing Western Mobile Mix plant or other future activities or uses that site may be
permitted by Pitkin County. The applicant shall also grant a fishing easement in
exchange for the access easement. The fishing easement shall include the river and 5 feet
along the bank above the high water mark.
3. The applicant shall execute an avigation easement with the Pitkin County Airport
prior to the issuance of any building permits.
4. To mitigate wildfire hazards, the applicant shall adhere to the following
conditions:
• Brush, debris and non - ornamental vegetation shall be removed within a minimum 10
foot perimeter around the structure.
Vegetation shall be reduced to break up the vertical and horizontal continuity of the
�. fuels a minimum of a 30 foot perimeter around a structure built on flat ground. (for
greater slopes ref. CSFS Safety Zone chart, Page 13, Wildfire Guidelines for Rural
Homeowners).
• Spacing between clumps of brush and vegetation, within the 30 foot perimeters shall
. be a minimum of two times the height of the fuel. Maximum diameter of the clumps
shall be two times the height of the fuel. All measurements shall be from the edges of
the crowns of the fuel. 1
• All branches from trees and brush within the 30 foot perimeter shall be pruned to a
height of 10 feet above the ground and removal of ladder fuels from around trees and
brush.
• Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet
between the edges of the crowns. This does not apply to mature stands of aspen trees
where the above recommendation for removal of ladder fuels has been complied with.
In areas of aspen regeneration, the spacing guidelines shall be followed.
All branches which extend over the roof eaves shall be trimmed and all branches
�. within 15 feet of the chimneys shall be removed.
• The density of fuels within a 100 foot perimeter of the structures shall be reduced
where natural reduction has not already occurred.
The applicant shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
• Roof construction shall be class A, non - combustible (no wood shake /shingles)
material with no flat roofs. (Decks and balconies shall not be considered flat roofs.)
-, • Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch
maximum. Vents should not be located in roof eaves or cornices or in the underside
or on exposed edges of decks.
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Resolution No. 96- 0
Page 3
• Projections at the roof line (which include but are not limited to eaves, cornices,
soffits and roofs over open decks) shall be sheathed with materials approved for 1
hour fire- resistive construction.
• For projections below the roof line (which include but are not limited to exterior
balconies, decks, porches, cantilevered floor projections, and bay windows) the open
space between grade and the underside of projections below the roof line shall be
enclosed by solid, vertical walls. These walls shall be constructed with materials
approved for 1 hour fire- resistive construction on the exterior side of the wall and
shall extend from the top of grade to the underside of the floor decking or walls of the
projection. The top surface of such projections shall also be of equivalent fire -
resistive materials.
• Glazed openings shall be provided with closable, solid, exterior non - flammable
shutters.
• Siding and exterior wall construction shall be of nonflammable concrete, brick,
stucco, stone or comparable material. These walls shall be constructed with materials
approved for one -hour construction from ground level to roof line.
• Foundations, skirting and crawl space openings shall be fully enclosed and
constructed with materials approved for 1 hour fire- resistive construction on the
exterior side of the walls and shall extend from the top of grade to the underside of
the floor decking or walls.
• The underside of decks and structures with stilt foundations shall be fully enclosed
and constructed with materials approved for 1 hour fire- resistive construction on the
exterior side of the walls and shall extend from the top of grade to the underside of
floor decking or walls.
• Roofs and gutters shall be kept clear of debris.
• Yards shall be kept clear of all litter, slash and flammable debris.
• All flammable materials shall be stored on a parallel contour a minimum of 15 feet
away from any structure.
• Weeds and grasses within the 10 foot perimeter shall be maintained to a height not
more than 6 inches.
• Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet
away from the structure.
• Swimming pools shall be accessible to Fire Department vehicles.
• Fences shall be kept clear of brush and debris.
• Wood fences shall not connect to the structure.
• Any outbuildings or additional structures shall adhere to the same standards as
structures.
• Propane tanks shall be installed according to NFPA 48 standards and on a contour
away from any structure with standard defensible space vegetation mitigation around
�- any above - ground tank.. Any wood enclosure around the tank shall be constructed
with materials approved for 2 hour fire - resistive construction on the exterior side of
the walls.
• Each structure shall have a minimum of one 10 pound ABC fire extinguisher.
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Resolution No. 96-
Page 4
Addresses shall be clearly marked with 2 inch non - combustible letters and shall be
�. visible and installed on a non - combustible post.
The residential structure shall be required to install in -house sprinkler systems which
-. meet the standards of the local fire protection district and the Uniform Building Code.
Utility lines shall be buried.
5. The applicant shall comply with the following conditions to mitigate geologic
hazards:
• Grading shall create positive drainage around the home.
• The foundation shall be designed by a Colorado registered engineer.
To mitigate snow slide hazards, the uphill side of the home shall be void of openings
to at least 3 feet above grade and be designed to withstand pressures of 300 pounds
per square foot.
• The home shall be constructed to Seismic Zone H, UBC Standards.
• Home design shall include radon gas venting systems.
Prior to issuance of a building permit, applicant shall obtain receipt and approval by
• the Environmental Health Department of information documenting that the location
of the well and the quantity /quality of the well water meet County regulations.
6. The applicant shall obtain approval of the septic permit by the Environmental
' Health Department before a building permit can be issued. '
7. The applicant shall obtain approval of the fireplace /woodstove permit by the
Environmental Health Department before the building permit can be issued.
8. The home shall be limited to 3000 square feet of floor area. The garage shall not
exceed 750 square feet of floor area. (Subgrade space shall be exempt pursuant to the
-- definition of FAR in the Land Use Code.) Floor area shall be calculated pursuant to the
Land Use Code in effect at the time of building permit application.
9. The applicant shall adhere to all representations and commitments made in this
application.
-, APPROVED AND ADOPTED on the 10th day of January, 1996.
BOARD OF COUNTY COMMISSIONERS
-"_ OF PITKIN COUNTY, COLORADO
By
ATTEST: ames R. True, Chairman
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392271
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Resolution No. 96- 01
Jetfette Jones
Ddbuty Clerk and
APPROVED AS TO FORM:
John Ely,
Coun torney
OODU49
Date Y-,30 .47/
04/30/96 04:07P FAG 5 OF 6
APPROVED AS TO CONTENT:
el-�7V
Cindy Houben,
Community Development Director
392271 04/ .30/96 04:07P PG 6 OF 6
EXHIBIT "A"
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- PROPERTY DESCR1P770N-
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ATTACHMENT 3
GEOLOGIC REPORT from
BRUCE COLLINS Ph.D., CONSULTING GEOLOGIST
Ouuu51 12
I
COLLINS & LAMPIRIS
CONSULTING GEOLOGISTS
P.O. Box 23
SILT, COLORADO 81652
PHONE/FAX (970) 876 -5400 (24 HOURS)
PMCIPAIS
Bruce A. Collins, PhD.
Nicholas Lampiris, Ph.D.
January 25, 1999
" Mr. Francis Krizmanich
0079 Light Hill Road
Snowmass, Colorado 81654
RE: BROWN PROJECT, LOT 10 (PART), SEC. 8,
T. 9 S., R. 85 W., PnXIN COUNTY
Dear Mr. Krizmanich:
I have completed my geologic investigation ofthe subject property to determine whether the building
envelope as currently defined can be expanded without magnifying the geologic hazard, in the form
of slopes well in excess of 30 %, existing on the site. The property was the subject of a complete
geologic hazard study by Dr. Lampiris dated March 19, 1995.
The poorly sorted silt, sand, and gravel of glaciofluvial origin that are found in the terrace slope on
the property are generally well- drained and quite stable in road cuts and other excavations ofthe area,
although small boulders and cobbles will loosen and roll down slopes that are steeper than the angle
of repose. There should be no increase in hazards associated with steep -slope construction resulting
from cutting into this material so long as adequate soil testing is performed to permit the proper
design and construction of the necessary retaining wall(s), load - bearing foundation wall(s), or both.
It should be noted that depth to bedrock is unknown, and that stability of any unconsolidated material
against a bedrock surface will decrease as that surface is approached. Therefore, in testing for
retaining wall/foundation design, the engineer should be satisfied that a sufficient thickness ofterrace
material exists or that what is present is sufficiently stable for his design, or should make provisions
to anchor such retaining walls or foundations in bedrock. As stated in the original report,
-� cantilevered construction, pilings, or both could be and probably should be utilized to minimize
cutting into the bank, although adequate soil testing in advance of piling construction will of course
still be required. It should be noted that, assuming an average 30' slope, a 15 -ft expansion of the
-' excavation would result in an additional cut height of less than 9 feet.
,w The recommendations regarding drainage and protection against sliding snow contained in Dr.
y" Lampiris's report remain in effect.
If you have any questions or require any further information, please do not hesitate to contact me.
Ouuu52
S inc ere ly,^ �QPpFESSIONgi
Bruce A. •;_
Consultin •bi'og•• • ����°
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CC•45tl_T1NG GEO.OG ST
P.O. BOX 2
SILT. COLORADO 81552
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nr•,ir
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«. r;, ?`JF (_ ;'r!iri i Lot ^C� fil \' C�F`n i '� 1 C i nve`st 1 (3c?.t' 1 nn C7i
MOO yr r_-r-.7f!! t4 r,rf.1p(•"I,. }: y ; n rvondy Creel, or. cd sni.it -
f U,7)r1 nq fork Ri,,,nr T7h--;-- a is _it!.st easy of the r�'it.-: n Trnri =.iva,
=1ti`1f" l zl.Int,V, C'.ij i _•r =CjG wlthli•i -the Wr)r-ld' -f Ct -'ee' 7 1 llinu o
�u�tirZngI T h p r k- r- i = below a - .%-.c3p bAnk north t•hr, site.
rh!; t,Ui 1;',i is a lone and n-arrcn,4 clr'1f2 overl noki nel the
• fa'r. hrrE 0.l''F - CattertRd cat `DnV.,c-mdri a.,r•C L•�.�C�r ^r PPR4
Thp i O(; y�?;;<r f 7 nnri
r�r�= r"•�is;�t�i- -nd with .�r�tss,•_.5 and sh!"l.it+...
bnu,iri,'4ry ir- w P I hrlow *.hfe s i t & at thry bac-e 0-C ti - a a:Iprox1.mately
io:1i: tank ,i��twn to rho river. Tine slope dawn i`c the rivr?r
r.hnk5 r,C = i nn1�t (-) t i nst ab 1 i ty� bedrnc.le i z 411i%t `1e:•leath th1p
?Aga'. the. envelope %fin,: pi'Clhabl r i.n a similar
7n,i ti nn to thra wvP'ft lthcLigh otrtcrnps ctsu:rl not be _et-n thev -e.
Tr,e rlr.alagy <�f th.- -ite r'Zrlsiatg of the si'Lts. �andC; r.nbttlQ9
tntj yr.1!!3 dFrs !,s the f;+1,t�zternary ,age terr �.Cr-
cold r: -�Pr
s i nn1dp3 3i r. .ieprlsi r -z a; The enveIape. The rpd `lads clf t %,
i✓E'nris l vzur I cZn "r'f'! "n;'t an �a jC Maror..n Format , on l�.rtl7nrl i A t hF? °.` ts'�y
j�.i.ii hJEna,ftl �.���•� surfic.ial r+R'F?rJa2t5. Th�r-e cirri
very v:el i dF:•f i nod , in the l]ene•ral a.r ea. 'r
tie h�xne to
hP F, 17 ^'C7 f 1r3i 1 fin a O'f
�%s- i.•=mi1- '_c.nc% IT rid r.ha^ Uniform et,tilding Core.
The�'t- i a a nlope behind tto the %auth) Af the edge of the
As e•1•✓rai.C'pe. It may bP possible to extnwnd the ririvelOP0 try t:ha %mut•h
into the toe a•f +'.hi.s hillside but a rrstAining wall wi 11. ho
ric., es,s1•.rY icon sifter excavation. Y-F this is not *c-asible- t'h ►Y
c_nvr- �lo(r�.y A ay be e-:tended by cantileverina to the see -sth (and north
over the river b,lnk) or by using pilings fof* - FoLindet -,on el rill "ist
4i_ the rear of the footprint, So that CLIt.ting of the 113• l lsids is
tint nPcpc;sary.
0UUUr53
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Sincerely,
Nicholss L.aunpiris.
Consulting Gecfagi•zit
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meal t cjr;eq riat reach r1ne 4,7,ind,.0,tor
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ho r•F'LjL!i r E rhr i ri County Sanjtat; ni-i
cor,51-:1 tr!t7- 4 or T, rj 111 a t I Cann •
tr, +0 Im!tvible from z:.r.q -thc- r-,yer hnn
ri k"*n,:,;d
i f granted al.orip t I� --� o:!, • - ,*.;
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ri irrn �k S. -.1 r �-j fA y rj r-, r' r- C�m flit
i t 1E, v h o'L I d.i n
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m a 7i t r A c:'L:i c - tri thtf Stat
ri --, ri 1-1,�L s i t a - L
rl (.ri I I f;.'n -;!7 t -z t 0 c On t a[: t 111F' -
I
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Sincerely,
Nicholss L.aunpiris.
Consulting Gecfagi•zit
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5
ATTACHMENT 4
PRE - APPLICATION FORM
ODUU55 13
r"
.. MKIN COUNTY
PRE - APPLICATION CONFERENCE SUMMARY
DATE: November 17, 1998 PLANNER: Suzanne Wolff
PROJECT: Brown Extension of Vested Rights (PID #2643 -084-00 -014)
�. LOCATION: Highway 82 across from Pitkin Iron
OWNER: Joyce Brown
REPRESENTATIVE: Dennis Jung PHONE: 920 -2000
�*
644 o -g39q
Type of Application: Extension of Vested Rights
�. Description of ProjectlDevelopment: Requests extension of Vested Rights for a single family residence approved
pursuant to Resolution No. 96-87.
.► Land Use Code Sections
4- 14030: Extension of Vested Rights
4 -50: One step review procedure
5 -50: Submission Requirements
Review by: BOCC only
Public Elearing? YES. A public notice sign shall be posted on the property at least 15 days prior to the hearing.
Referral Agencies: Attorney,
Planning Deposit: $1,110 (additional hours are billed at a rate of $185/hour)
°- Referral Agency Fees: $116 (Clerk)
.r TOTAL DEPOSIT: $1,220
To apply, submit 1Q copies of the following information (aimless noted otherwise):
1. Proof of ownership: of subject property
2. Parcel description, including legal description and vicinity map
3. Consent from owner(s) to process application and authorizing the representative (if applicable) (1 copy).
4. Signed fee agreement (2 copies)
5. Total deposit for review of the application
6. Summary letter explaining the request and addressing the Code sections above. Summarize 1041
concerns which were initially reviewed and mitigation measures which were approved.
7. Approved Site Plan/Plat
S. Original approvals (ie. resolutions)
9. List of all adjacent property owners (1 copy), and an addressed envelope for each owner, with the return
address of the Community Development Department.
10. Copy of this preapp form (1 copy)
Phis pre- application conference summary is advisory in nature and not binding on the County. The informationprovided in
this summary is based on current zoning standards and stTfs interpretations bared upon representations of the applicant.
Additional information may be required upon a complete review of the aQlication -
"
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ATTACHMENT 5
AGREEMENT TO PAY
14
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aw
310 - 440 -0546 J. BROWN 155 PM DEC 18 198 10:26
KW1;'M(2NIDI PIMNI N(!. : '1'ft `l.'1 1:'r' i Dry.. V. 1 'Of N1: ;' ; >f'M Pi
1 f t 1 f: ► �It
PIMN COUNTY Offe wafter COUN'T'Y) and ,..vow C e.. Brawn
0cwk w APPLICAN 1') AMU AS FOLLOWS:
(icaeeaafter,'THE PROSEcr).
WNW
' 1. APPLICANT wukrs stlds sad agrees *a Piddr, Coumy Ruoludon
No. 96-52 establishes a &* smcw* fof Pltuns u ai T ctsi= and the payumat of
all prom"ig leas is a aondidon p ecedem to a dearminadon of appliomdon
3. APPLICANT and COUNTY a0me that beaauae of dw sire, nowt or
scope of the p Womd prof e % it Is wt possible st ctas time to mcwtdn the full
extent of the coats involved in eessing the appiicadm A% ICANT and
COUNTY ftxtthar agree fast h is in the iaroum of the prides m all APPLICANT to
'<aaice psi of an bridal deposit snd to ftweefier pemut' addmowl costs to be
biikd to APP'idCANT an a aumMy bodm AP'KX.4 APT agrees ba wM be
bms&ed by wtoft gum oath. RIMY and wUl nWm additional payment
ugon na ca" by the COUNTY wbm they are tramy ax Doak are uawwd.
COUNTY" &Sow tz WM be � dmmgh the greater c. ukxy of recovering its
full costs w process APPLICANro application
�. 4. COUNTY and AP'P'LICANT AVOW qM fast it is imPratacslbhr for
COUNTY staff to *M8PWW P=0010: Of PMM Baum #a£ocuwldon to ft
P Cocmminion and/or Hotted of County Commiraioners m am"I till
Flaring Con=isdoa and/or Hoard of County Coeam690OWS eD make kWHY
regjfuW mitm Mfr project app ovaL wnlass cm" area paid in Earl prior
do decision.
0 u u u 8
310 - 440 -0546 J. BROWN 155 PO4 DEC 18 196 10:2'7
�. f'WNVE i�lU. '� IJ ')L:-' t_f, 11"r, 1 t i ut vlt:: str� a
,. FROM : KR1ZMANICH
Zhwe& e, AM ICANT afma butt in OW- Ijd of the
ad Cpuwy's waiver of its ftw as collet fitli fees to a clieesrawstiaa of
IM,iogdon caospleeaaess, APPLICANT dmH pay an ioftW deposit in the swunt
of 5 � Is far hms of P ems' t06' and !f sous!
r OMW oom nosed the initial &posh, APP'I.jCAN'T 9a pay sd&timd
�. monthly wlI to CoUrm Lo raimbwee fbo COUNTY for thin processing Periodic
application meaftned above. iaaludmg Poet 'd "View-
�. Pam *4 be made whbin 30 days of tip bluing data. APPLICANT fizfta
.,
qXm to f dws, to pay xwh sctneed Coen sL" be W=16 for fuspenaion of
proceeei�.
Aw
err
Aw
PrIl m COUNTY
Clay Soebea
Comt M&y Deveibpwso Dir+sdw
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ODUUOO
ATTACHMENT 6
PROOF OF OWNERSHIP
15
First Name Last Name or Cora.
Joyce Brown
(
Mailing Address Include In Mailing Yes
3020 The Strand
Manhattan Beach CA 90601
Assessed Value
Land:
Bldg(s): _
Total: $62,500
Taxes: $481
Note: Assessed Value is typically 10 -30%
below Market Value, however
there are exceptional variances
with regard to VACANT LAND.
Sales History
Legal Description
Subdivision: M/B GERBAZ
Block: Lot:
/Thru: -Lot:
Remarks:
Complex:
Unit#:
Remarks:
Property Use Code: VACANT LAND
Parcel (Mapping) #: 2643 08 4 00 014
Sales Date
Instrument
Qualified?
Im rovements?
Sales Price
5/10/96
WD
lQualified Sell
Sold Vacant Land
$200,000
5/10/96
WD
lQualified Sell
Sold Vacant Land
$470,000
Various Sg Ft
Structural
OuUU01
Misc Amenities
ATTACHMENT 7
LETTER OF AUTHORIZATION
N
Am
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N
310- 440 -0546 J. BROWN
{+H�H•1t hill. 'JA;
FROM s KR I Z" I CN
LF,WER OF AUTHORIZATION
December 12,1998
pwdn County
Community Devoiopment Dcpztment
130 South Gsleoa Street
Aspen, Colorado 81611
155 P6t.. DEC 18 198 10:26
11Wf i') I'1'0 01 - "e 11 �
s X. Krizmsnich to represent me in tier PWdV COunty 1-wo Use
I authorize Franc
review process for my property, Imown as Parcel I.D. if 2643 -084 - 00-014 m Min
County, Colorado.
Sincerely
Il a �. !.
4
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ATTACHMENT 8
ADJACENT OWNERS
17
COLLINS JAMES H
�- PO BOX 369
WOODY CREEK, CO 81656
PITKIN COUNTY
530 E. MAIN STREET
SUITE 302 ASPEN, CO 81611
DENVER & RIO GRANDE WESTERN
RAILWAY CO.
C/O UNION PACIFIC CORP
1700 FARNAM ST 10TH FLOOR S
OMAHA, NE 68Jo z
jo5
CDOT
4201 E. ARKANSAS AVE.
DENVER CO. 80222
EDGEWOOD LLC.
191 ELM STREET
NEW CANAAN CT 060V
PEARL DAVID S.
2850 RAVENSWOOD ROAD
FT LAUDERDALE,FL. 33312
ATTACHMENT 9
ACCESS & FISHING EASEMENT
AND
RELEASE AND WAIVER OF CLAIMS
UVUuJ6 18
REC DOC UCC
/96 04:14P PS 1 OF 9 0.00
�r 392274 04/30 PITKIN COUNTY CLERK & RECORDER
._ SILVI�1 DAVIS
ACCESS AND UTILITY EASEMENT AGREEM MT
' UTILITY EASEMENT AGREEMENT is made and
THIS ACCESS AND Apr' by and between COUNTY 01
entered into this 29th day Of AP "Grantee "), whose address is
IN "Grantor "), whose address is {30 East Main Street Colorado
PITR { RWIECI n
Coloradan Club ,and MMAR3 730 East Durant Avenue, Aspe ,
c/o Aspen
.. 61611.
r of certain real
Grantor s the owne d in Eibis Property
WHEREAS' iColorado, as describexh
ibit "A"
located in
hereto and incorporated herein by this reference; and
attache
Grantee is the oWn8 acentr certain
Grant i s Property
WHEREAS, which
located in Pitkin County, described in Exhibit -B,- ecorded in
property, and which is more fully
hereto, and in the Rwieciens of the real rest teen cords of Pitkin
Plat Book at Page (a 6
County; an has rant an access and
Grantor all to g
WiIEREAS, an existing road in place on
utility easement to Grantee along attached hereto as
rt as more fully described in Exhibit "C" attache
Grantor's property icted in the Easement Map
hereto, and as dep rated herein by this reference upon the
Exhibit "D" and incorpo
terms and conditions hereinafter set forth; nd utility easement,
AREAS, without the access for a variance allowing
options for access are to apply setback, which would
Grantee's or to place his
him to build within the two hundred { 82 corridor, significant road
create visual impacts on the Highway
road down a steep
embankment which would create a s�.gn.
cut.
^ Now, THEREFORE, in consideration of the foregoing
good and valuable consideration, the receipt and
P and other g
acknowledged, the parties agree as
sufficiency of which are hereby
follows:
,� 1. Grant of Easements.
..
(a) Grantor hereby grants to Grantee a fifteen p ached
easement as depicted upon the Easement Map lation of
foot utility utilized for the insta including,
hereto, which easement may Grantee's real propert incl telephone an
underground utilities servicing ectric, natural gas,
without limitation, water, ant of easement shall be deemed
cable television services. ingress and egress along the easement for
to include a right of ing said utilities and for such
.. purposes of installing and maintaining
1
A
�" ou, U
all
?77 J
�+ 392274 04130/96 04314P PG 2 OF 9
be reasonably incidental to the use and
other purposes as may easement. All of the utilities shall be
enjoyment of the utility good and workmanlike fashion.
installed underground in a 9
(b) Grantor hereby grants to Grantee a thirty ached
foot access easement as depicted on the Easement Map
and shall include the
hereto. The access easement ssreal p =o��y with the location or' s
— the road in plaCe on Grantor on
envelope
right for Grantee to construct an access drive off o r
lace providing access to the Granteeg in connection
road in P pll work conducted by
Grantee's property* lace to Grantee's
® with extending access from Grantor s road li able pitkin County
shall be done pursuant to app
real property irements in a good and workmanlike fashion.
permitting requ
(c) The easements granted herein shall be deemed
ermanent easements constituting a
ebenefit to Grantee's real prof'
ery and shall be deemed to run with the land. work on
(d) Prior to the rovidde to Grantor a certificate
Grantor's property, Grantee shall p which cer-
of insurance naming Grantor as an addita reasonably rewired by
of icate of insurance shall o from m as and general liability
Grantor and protecting Grantor from thlydlparty in connection with
claims which may be asserted by any for all such
Grantee's work. Grantee shall be obligated to Pay
fashion so as to insure that no workma In the
work in a timely or material
Property-
mechanic's liens are filed against Grantor's real grope Y•
dispute between Grantee and g ofo any lien against
event of any post a bond
~ supplier which could result in the fi inQ
Grantor's real property, rity to nsure t no asuch li is filed
or other substitute
or that it is discharged• anted herein shall
The easements gr
2.
Use of Easements.
for the purposes described above n the even purposes
be used solely and incidental thereto. ranted
reasonably necessary emitted uses of the easements Q
alleged violation of the
herein. Grantor shall provide written notice thereof to Grantee,
promptly correct any such violation. In the
and Grantee shall promP Y tl correct such violation, Gr well
event Grantee does not promptly
shall be entitled to injunctive relief and damages, if any.
as an award of all costs and attorneys' fees incurred in connection
therewith.
3. Grantee's bli ti ns. With respect to the utility
�r asement granted herein, Grantee shall f e be obligated to return access easement which is
s
e
portion of the easement outside rive o the com-
disturbed by construction or utility installation to a nature
�• condition at least as good as that existing p instal
mencement of any construction etate the easement where disturbed
Grantee shall reseed and reveg
and shall not allow any construction debris to accumulate on the
2
0 UUUJ8
a
1" 392274 04/30/96 04:14P PG 3 OF 9
easement. Grantee shall obtain and maintain in effect casualty and
liability insurance covering Grantee's use and enjoyment of the
easements in amounts reasonably acceptable to Grantor, with
Grantee's insurance policy naming Grantee as an additional insured.
Grantee shall indemnify and hold Grantor harmless from any and all
claims, liabilities, losses, damages and costs of defense,
including attorneys' fees, which may be asserted against or
incurred by Grantor as a consequence of this grant of utility
Md easement or Grantee's use and enjoyment of the utility easement.
4. consideration for Easements. Grantee shall provide
to Grantor upon the execution of this Agreement the following
consideration:
�- (a) $2,000.00;
(b) A fishing easement along the Roaring Fork River
where it traverses Grantee's property, which easement shall be
deemed to include that portion of Grantee's property within the
Roaring Fork River and five (5) feet along the bank of the river
above the high water mark; and
(c) Grantee's waiver of any claims against Grantor
which might arise in connection with the use of Grantor's property
by Western Mobile Mix or other operator of the concrete batching
-- operations located on Grantor's property or other future activities
or uses for which that site may be permitted by Grantor.
5. Miscellaneous. This Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective
WW heirs, representatives, successors and assigns. This Access and
utility Easement shall be a burden upon Grantor's real property and
a benefit to Grantee's real property, constitutes an interest in
real property and shall be deemed to run with the land. This
Agreement shall be construed and interpreted in accordance with the
laws of the State of Colorado. Venue for any dispute arising
- hereunder shall be in the District Court of Pitkin County,
Colorado.
IN WITNESS WHEREOF, this Agreement is entered into the
day and year first above written.
Grantor: Grantee:
�. COUNTY OF PITKIN
i
MARK KWIECIENSKI
3
oUujJ9
392274 04/30/96 04:14P PS 4 OF 9
STATE OF COLORADO ss.
COUNTY OF PITKIN )
Access and Utilit� Easement Agreement was
The foregoing bet rq me this .jC` day °f r
acknowledged ti#d sign r4� on behalf of t e COUNTY OF
1996, by
pITKIN.
WITNESS my hand and official seal.
My COMMission expires:
1
`;
L (�
Nottry public
srr
STATE OF COLORADO
SS.
COUNTY OF PITKIN )
cess and Utilit Easeme Agreement was
The foregoing Ac before me this UU day of '
acknowledged and sign
rr 1996, by MARK KWIECIENSKI.
WITNESS my hand and of fcj /al
�,�y c�mnission expires: j
/
Y P @�
aw Notary Public (�
1,
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07/11/2005 16:54 FAX 5206262668 U AZ ORTHO 121 001
1 07/11/2005 16:24 9709253969 SCHUMACHER MCALLISTR PAGE 01/02
LIWTED POWER OF ATTO�
'KNOW ALL NIEN BY THESE PRESENTS:
U
That Robert Hunter and Patricia Hunter, as Principals, do hereby make, constitute and
appoint W. Adams Gillespie, whose address is 210 East Hyman Avenue, Suite 202, Aspen,
Colorado 81611, as their true and lawful attorney for their and in their name, place and stead, for
the following uses and purposes:
1. My and all things relating to the purchase of the real property located in'Pitkin
County, Colorado known as:
See Exhibit "A" attached hereto and incorporated herein by this reference.
Also known by street and number as: 201 Pitkin Iron Road, Aspen, Colorado 81611 _
2, With respect to the above transaction, the Attorney -in -Fact has the following powers:
(a) To sign, seal, acknowledge and deliver any instrument necessary to
accomplish any of the powers herein granted includim but Aot limited to: Surveys, Contracts
and modifications thereto, Aspen/Pitkiuu County Housing Authority or Community Development
Docu=,nts, Promissory Notes, Deeds of Trust, Subordination Agreements, Closing Statements,
Loan Documents, Tax Documents, Assessment Agreements, and any and all other documents
necessary to effect the Sale of the above- described real property.
I All business transacted hereunder for the Principal or for the account of the Principal
shall be transacted in his name, and all endorsements and instruments executed by his Attorney -
in -Fact for the purpose of carrying out any of the foregoing powers shall contain his name,
followed by that of his ,Attorney -in -Fact and the designation, "Attorney -in- Pact ";
4. The Principals hereby ratify and confirm all lawful acts done and caused to be done by
their Attorney- in•Faet pursuant to this Power of Attorney, and they direct that it shall continue in
effect until the Nation date herein specified unless sooner terminated by him or by operation
of law. To the full extent permitted by law, subsequent mental incapacity shall not operate as a
revocation of this Power of Attorney.
5. If the authority contained herein shall be revoked or terminated by operation of law,
the Principal hereby agree for themselves and for their executors, administrators, heirs and
assigns, in consideration of the willingness of the attorney to act pursuant to this Power of
Attorney, to save and hold said Attorney -in -Fact harmless from any loss suffered or any liability
'incurred by said attorney in so acting after such revocation or termination without notice; giving
and granting unto said attorney full power and authority to do and perforni all and every act and
thing whatsoever requisite and necessary to be done in and about the premises, as fully to all
intents and purposes as they might or could do if personally present, with full power of
Zto *3- og4-co -or4
CewuL 'P A -45
Oppi112
07/11/2005 16:55 FAX 5206262668 U AZ ORTHO 11002
} ,07/11/2005 16:24 9709253969 SCHUMACHER MCALLiSTR PAGE 02/02
r
substitution and revocation, hereby ratifying and confirming all that said Attorney -in -Fact or his
substitute shall lawfully do or cause to be done by virtue hereof.
6, This Power of Attorney is effective July 11, 2005, and shall terminate August 1, 2005.
7. This Power of Attorney shall not be affected by disability of a Principal as provided in!
Colorado Revised Statutes, Section 15 -14 -501.
IN WITNESS WHEREOF, Robert Hunter and Patricia Hunter have hereunto set their
hand this day of July, 2005. '
Robert Hunter
Pablicia Hunter
STATE OF
ss.
COUNTY OF
The foregoing Power of Attorney was acknowledged before me this 11 1�2'1 day of July,
2005 by Robert Hunter and Patricia Hunter.
Witness my hand and official seal.
My commission expires: Acwg-
OFF 01AL LEN.
ALICIA Z. GONZALEZ
ntoTARY PLELfc - state of MEM Notary Public
PIMA COUNTY
My Cairn. Expkm Aug. 20,2W8
ODUJ13
PUBLIC NOTICE
RE: BROWN EXTENSION OF VESTED RIGHTS, 1041 HAZARD REVIEW
AND AMENDMENT
NOTICE IS HEREBY GIVEN that a public hearing will be held on April 14, 1999 at a
regular meeting to begin at 3:00 PM before the Board of County Commissioners, Plaza
One Conference Room, 530 E. Main St., Aspen to consider an application submitted by
Joyce Brown, requesting approval to allow an extension of vested rights for a single
family residence approved pursuent to Resolution 96 -87,and to amend said proposal. The
property is located between Highway 82 and the Roaring Fork River, upstream and
adjacent to the Pitkin Iron property and is described as a parcel of land situated in Lot 10,
Section 8, Township 9 South, Range 85 West of the 6th PM. The application/resolution'
are available for public inspection in the Community Development Department, City
Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Suzanne
Wolff at (970) 920 -5093.
Jeanette Jones, Deputy County Clerk
Board of County Commissioners
Published in the Aspen Times on Marchl3, 1999
Pitkin County Account 002.02
CERTIFICATE OF MAILING
RE: BROWN EXTENSION OF VESTED RIGHTS, 1041 HAZARD REVIEW
AND AMENDMENT
I hereby certify that on this 9th day of March, 1999, a true and correct copy of the attached
Notice of Public Hearing was deposited in the United States mail, first -class postage prepaid, to
the adjacent property owners as indicated on the attached list of adjacent property owners which
was supplied to the Aspen/Pitkin Planning Office by the applicant in regard to the case named on
the Public Notice.
By: v
Tenley Tayl , Ad . Assistant
COLLINS JAMES H
' PO BOX 369
WOODY CREEK, CO 81656
PITKIN COUNTY
530 E. MAIN STREET
SUITE 302 ASPEN, CO 81611
DENVER & RIO GRANDE WESTERN
RAILWAY CO.
C/O UNION PACIFIC CORP
1700 FARNAM ST 10TH FLOOR S
OMAHA, NE 68io
CDOT
4201 E. ARKANSAS AVE.
DENVER CO. 80222
EDGEWOOD LLC.
191 ELM STREET
NEW CANAAN CT 069'fd
PEARL DAVID S.
2850 RAVENSWOOD ROAD
FT LAUDERDALE,FL. 33312
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ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920 -5090 FAX (970) 920 -5439
MEMORANDUM
TO: Attorney
Env. Health
CO State Forest Service
CO Geological Survey
Woody Creek Caucus
FROM: Suzanne Wolff, Community Development Department
RE: Brown Extension of Vested Rights
Parcel # 2643 - 084 -00 -014
Case #P14 -99
DATE: February 9, 1999
Attached for your review and comments is an application submitted by Joyce Brown. The Pitkin
County Board of County Commissioners will review this application April 14, 1999.
Please return your comments to me no later than March 9, 1999
Thank you.
Uuuu �'7
ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920 -5090 FAX 9 (970) 920 -5439
February 9, 1999
Francis Krizmanich
0079 Light Hill Road
Snowmass, CO 81654
Re: Brown Extension of Vested Rights
Case #P14 -99
Dear Francis,
The Planning Office has completed its preliminary review of the captioned application. We have determined that
this application is complete. After a more detailed review of the submittal information, additional information
specific to the application may be requested in order to adequately review and process the application. The
planner in charge of the review will request the information from you directly.
We have scheduled this application for review at a public hearing by the Board of County Commissioners, Plaza
One Conference Room, 530 E. Main St., Aspen, on Wednesday, April 14, 1999 at a meeting to begin at 3:00 P.M.
Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After
that the agenda date will be considered final and changes to the schedule or tabling of the application will only be
allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a
copy of the memo pertaining to the application is available at the Planning Office.
We have forwarded a copy of this application to the Colorado Geological Survey (303 866 -2611) and the
Colorado State Forest Service (970 248 -7325) for referral comments. Please contact them directly at to arrange
for payment of their fees
Please note that it is your responsibility to post the subject property with a sign at least 15 days of the public
hearing and to remove it from the property within one week following the hearing.
Please submit the enclosed Affidavit of Notice by Posting as proof of compliance with the Code at the hearing.
If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093.
/el
Tenley Tay
Administrate e As 'stant
ouuu 8
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920 -5090 FAX (970)920 -5439
February 4, 1999
Francis Krizmanich
0079 Lighthill Rd.
Snowmass, CO 81654
Re: Brown Extension of Vested Rights
Case #14 -99
Dear Francis,
The Community Development Department has completed its preliminary review of the captioned
application. We have determined that this application is incomplete. The application will not be
scheduled for review until the following items are submitted.
• Site Plan designating proposed building envelope and the area where the proposed structure
would cantilever over the uphill slope. Also designate the location of the well on the site plan.
(reduced copy acceptable)
• Map showing location of access easement across adjacent property. The map is not attached to
the recorded easement agreement included in the application.
If you have any questions, please call, the Planner assigned to this case, Suzanne Wolff at 920-
5093. Thank you.
Sincerely,
Tenley Taylor
Administrative Assistant
0 0 U U i 9
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C4- CLC-r
6-V 4
a C
n,
2666
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5090
Pitkin County
Land Use:
172 Board of Adjustment
159 County Land Use Code
173 Deposit a or)
174 Flat Fee
162 Zoning and Sign
169 Public Notice
Referral Fees:
RB 115 Access Permit
179 County Clerk ���• UCH
193 County Engineer
194 Environmental Health
198 Housing
190 Land Management
196 Wildlife Officer
Building Fees:
170 Board of Appeals
135 Building Code Sales
105 Building Permit
100 Contractor License
120 Electrical Permit
195 Energy Code Review
115 Mechanical Permit
150 Plan Check
110 Plumbing Permit
130 Reinspection
151 Aspen Sanitation
152 AVFD Fire Marshal
Other Fees:
155 Use Tax
165 Copy
Performance Deposit
185 Park Dedication O j l i U 0
186 Parking Cash in LiieuJ V
166 GIS Maps
RB 116 Road Impact Fees
TOTAL
ADDRESS /PROJECT:
CHECK#
CASE /PERMIT #:
DATE:
# OF COPIES: W)
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I � 5� M I�IDM I.,. T THROWN AMENDED 1 041 HAZARD R[µn V �I: [,.,,1[W SITE PL( —)— N
o _ _I..RAC 1- [1 � I._AND S I TUA�TED I N ���..:::I.... ... 1 0 SECTION , TOWNSHIP 9 SOUTH) RANC)� 85 WEST' O(� —l—"HE mm�l��M �', M
"
PITKIN COUNTY) COLORADO
Q' 30, 60' 90'
FOUND BRASS GAP
HIGHWAY 82 R. —O. —W.
MARKER
I a \\
" POWERPOLE
PARCEL NO. 264308103034
MEREDITH NELSON—DANIEL AND
GARY E, DANIEL
REC, NO, 497224
ACCESS ANT) UTILITY ESMT, �
REC, NO. 392274 AND
B, 50 P 62
A133*12",
"
N 3m'47" W 45,91'
"
Q �a�
�1P
PARCEL NO, 2643093I1kIO04
JAMES H, COLL.. I NS
REC. NO, 4194035
" FOUND REBAR & CAP
W I TNESS CORNER
L. S, NO, 27613��
K�
POWERPOLE°
N 3x52'47" W 58.58'
' FOUND REBAR & CAP N 43.28'59" W
/ PG.1CN1 ON LINE
f L., S. NE1 27613
ter"
1°
�7
Cl
yfc�� QQ
NOTICE] ACCORDING TO CUL.ORADO LAW YOU MUST COMMENCE ANY LEGAL,
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT, IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON,
El
0
�\,�WEL.L..
-^S 33'22'21" E 57.47'
\\ XBROWN
ROCK WALK LANDSf APED AREA APPROVED S 48"50'18" E 71.4' BY RESOLU° I ON NO. 99 -72 GONG• \ REC. NO. 430754
STEPGAS
BUILDING ENVELOPE AS
DECK AMENDED 1041 HAZARD REVIEW SITE PLAN
\\ "' DECK BOOK 50 AT PAGE 62 HAS BEEN AMENDED
Ar�F $ 10142'01" ff 59,98'
DECK ROCK WALK
STEPS
�.
� -8 15'12'27" 9 31.00'
N 43.49'52" W 90119' 0.
AREA FOR CANTILEVERED � �
BLDG, ELEMENTS OUTSIDE HOT TUB
BLDG, ENVELOPE APPROVED
BY RESOLUTION NO. 99mm72 STEPS
REC, NO, 430754
r,• S 35 "15'29" E 27,04'
SAT, DISHES \ I
N 45'39'11" W 20:54N
N 12.'25'03" W 22:00
1 404 72.19 / SQ. FT.
3.22 ACRI'..:
r
FOUND REBAR & CAP
WITNESS CORNER
L, S. NCI, 27613
PVC PIPES
FOR SEPTIC
SYSTEM
LOCATION APPROVED Q'
BY ADMINISTRATIVE AQ
DECISION NO, 29 -2000
REC. NO. 444920 W
"0v
"��
FOUND REBAR & CAP
L, S, NO, 27613
°13 \\°
FOUND BRASS CAP
HIGHWAY 82 R, —O. °W,
MARKER
57'34'57" W 13.98'
C)
e, *
JS hQ
K Vim!
L�$
FOUND REBAR & CAP
POINT ON LINE:
L, S, NO, 27613
PARC:E,L.. NO. 26430930 0005
JAMES E, PEARL, DAVID S.
PEARL AND DOUGLAS B, PEARL
B307P42 &43
LEGAL DESCRIPTION
A TRACT OF LAND SITUATED IN LOT 10, SECTION 8, TOWNSHIP 9 SOUTH, RANGE
8:5 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO,
DESCRIBED AS FOLLOWS,
BEGINNING AT A POINT ON THE NORTHEASTERLY RIGHT—OF—WAY OF STATE
HIGHWAY 82 WHENCE THE SOUTHEAST CORNER OF SAID SECTION 8 BEARS S,
23"48' 45" E. 1771, 80 FEET; THENCE N, 41 ° 31' W. 300, 00 FEET ALONG THE
NORTHEASTERLY RIGHT—OF —WAY LINE OF SAID HIGHWAY 821 THENCE N.
48° 29' E. 454, 80 FEET TO THE CORNER OF THE ROARING FORK RIVER; THENCE:
S 44"42' E, 144, 52 FEET ALONG THE CENTER OF THE ROARING FORK RIVER)
THENCE S, 51047' E, 158, 25 FEET ALONG THE CENTER OF THE ROARING, FORK
RIVER) THENCE S, 48° 29' W, 491, 05 FEET TO THE POINT OF BEG I �N I NG.
TOGETHER WITH AN EASEMENT OR INGRESS AND EGRESS RECORDED APRIL 30,
1996 AS RECEPTION NO, 3922.74,
NOTES
1, THE BASIS OF BEARING FOR THIS SURVEY I S N. 41050'10" W,
BETWEEN TWO BRASS CAPS BEING STATE HIGHWAY 82 R, —O. —W. MARKERS
AS SHOWN HEREON,
2, A NON—EXCLUSIVE EASEMENT FOR THE PURPOSE OF PUBLIC FISHING
ON THE ROARING FORK RIVER ON THIS PARCEL IS RECORDED WITH THE PITKIN
COUNTY CLERK' S OFFICE AT RECEPTION NO, 392275,
3,A PERPETUAL AVIGATION EASEMENT FOR THIS PARCEL IS RECORDED WITH THE
PITKIN COUNTY CLERK'S OFFICE AT RECEPTION NO, 446175,
4, THIS SURVEY IS A RETRACEMENT OF A 1041 HAZARD REVIEW SITE PLAN DONE
BY SCARROW AND WALKER IN 1995 AND THE BASIS OF BEARING
WAS DETERMINED FROM THIS SURVEY,
I
PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR APPROVAL
THIS 1041 HAZARD REVIEW SITE PLAN HAS BEEN REVIEWED AND
THE COMMUNITY DEVELOPMENT DIRECTOR THIS__11 .DAY OF_
2005,
DED IN THE PITKIN COUNTY CLER.
RECORDER' S Orr I AS RECEPTION NO.
BY
COMMUNITY DEVELOPMENT DIRECTOR
WCryl4g
F° it) 4w "" 5 4 Q " " I I� III: R�II � I��III flil I�I (IIII 0 0! 1�a4/ 0055 01:25P
r 11.00 0 X
CLERK AND RECORDER ACCEPTANCE FOR RECORDINC
THIS 1041 HAZARD REVIEW SITE PLAN (OR PLAT)
FILING IN THE OFFICE OF�THE CLERK AND RECOF
COLORADO, ON THIS_,_ "j j.--- .DAY OF__=vj�g_
AT PAGE__4j,_ ._._AS RECEPTION NO, 51ZV
'A ma
LF A ECO DEI ly
WMb °Cµ.1:
HAS BEEN ACCEPTED FOR
BIER OF PITKIN COUNTY,
2005, IN FLAT" BOOK__2Y, m,_
201 PITKIN IRON ROAD
1041 HAZARD REVIEW WAIVER
APPLICANT ACKNOWLEDGES THAT HE /SHE HAS BEEN HNFORMED BY PITKIN
!F „ 1 041 HAZARD AREA " THAT MIGHT AFFECT THE
COUNTY OF THE EXISTENCE C FIRST AMENDMENT TO BROWN AMENDS
PROPERTY, ANY IMPROVEMENTS AND THE USE AND OCCUPANCY 'THEREOF, THE
PROVISIONS OF THE PITKIN COUNTY REGULATIONS )O NOT IN ANY WAY 1041 HAZARD REVIEW SITE PLAN
ASSURE OR IMPLY THE AREAS C 1UTS I DE OF DESIGNATED HAZARD AREAS WILL 044 lrx PA TR BY.
BE FREE FROM HA ARDS OR 'THAT APPROVED MITT GAF I ON MEASURES WILL 07/10/05 GIARAPP SUAVNYI.
GUARANTEE THE SAFETY f.I(^' THE PROPERTY, i mdveh ,+ 914"' " RO EASY ST.
OWNER' S POWER CIF ATTORNEY " � ._ c 9 1u a . 0
W, ADAMS G I L.L'.„SP I E tt,
"" t
u 7 --- 'JAN"
17,110'N AM/lINPAT119 141 1-'A- Z-14-flP RAiTlIjiv, --1
"ilualed, in lol /0, -S' c/loon
A 1"l 0
a,rcel oel
P
7"ownshilYl 9 'S"oulh, Ram-re 8, Hle'sl o Ille 61111
(/" 0 /izn/y, Colorado
f 01)NI) C 12 0, H. ALUMINUM 4)
OAP I? ... 0AIMAR011?
ASSUM0 fZtV 941.4'
015
1 ;4z
I '
i Ii
I II /
MAP 000H, BRASS
CAP ff-0-WMARKER
20 0 10 20 40
,4LF : f INCH AM lWAT
ewswo I'Muw
EASEMENT DESCRIPTION g000r 0 woovrl
--NO7ES
77--
PROPER T-Y DESCRIPTION-
A SVWP OF LAND BEING JVOO FEEL IN WDIH, SITUATED IN SECTION 8. TOWNSHIP 0 SOUTH, RANGE 85 VKSr OF THESIXTH PRINCIPAL
1) flfS 1041 IWAR) 8f Off MAP xis or awsmff A mu KARm flr scAvoir Am mim,
70N*y1r 9 50tjN
MERIDIAN, COUNTY OF PlIKIN, STATE OF COLORADO; SAID PARCE1. LYING 15.00 nT.T ON EACH SIDE OF RE FOLLOWING DESCRIBED
Cl.'NIERLINE.
W To j)j-)FRm1N['oNVCR51j1P 6V? F,49XXISOF MM All 1AF4WAflMwoNV HIMM
A 71?AV'01'lA1VV VAIA0 /N LOT 10, 9-0)76W 8,
RjoAAy)1#c oNvFRS1j1P aqyms ANN off/e IVIMMANMS Of WOO WAS 081AI45D FROM AM
IMNOIF85 Offr OF 1HF SUN ANNONAl. MERIDIAN, COUNTY Of MIKIN
BEGINNING AT A PMI ON THENORTHFASTERLy ITORT-or-WAY OF COLORADO HIGHWAY NO. 82, FROM W41CH THE SOUTHEAST CORNER Of
SVM,V7'110 A TINE C6W#1X#r INVOW) Ry RIARII-OWY 11fif NE, Ow #0 IoCr`,9564
SMIF 6F(tI6?A00,- SAD POW. 100 NORIMARRI Y ANO AAWNT 10
ONUS
SEMON A A US. 00KRIWENT LAND OFFICE. SURVEY STANDARD BRASS CAP MONUMENT REARS S,30*43'007E ASB74 FEET THEN VIE
IM ff-D LWYWR 1, 19,94,
74, kwimusim. r Rlw--q�-w Y or caomoo s7m 111611m r Ivo 82 AM)
FOLLOWING COURSES:
1) 600 FEET' ALONG BE ARC OF A WRW, TO THE RIGHT HAVING A RADIUS Of I2353 FEET; A CENTRAL ANGLE OF 2877'33"
2) 06WMR 11V#RVAl 91001V I#:AIM - 2 ffifl
&NOMOR.'8ARMNA1. r Of.sOffif v 145 1, ZVOK.
2)(CHr)FE0rFj WHICH WARS N,58`53'081E, 60.38 FEET); -EFT, A OF m ANGLE J).
9611 ALONG THE ARC Or A CURVE TO THE RIGHT, HAVING A RADIUS OF 104,01 t N AL A 1 or S376
.0 6yV A#,4SS41*V tZFYA RON 6F V 4 f I' A A
j) at-VA)7MS WONV hfV.-6w.49.- 8A.11 Q 1 T,4f caq? 90
946
(CHORD OF WHICH WARS S8019-50-F. 9127 FEET),
3) 50.88 FEET A10100 THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 52757 FEET, A CENTRAL ANGLE OF 0511'34"
lXA4RWA(I'0* H19046 ALLAW 0,411 RVIT-a�-wAy Afavj1#t)vr EWNI) 7A84 17rrNw#1#rsFm r
I
(CHORD OF MICY1 DCARSS5055'48T 50.86 Fffr),
I►
A US 60WOMPTLANI) aWOF SURVEY STANDARD XAZ CAP MORIWAIT
IF
4) swlovol� 42.9.64 tin"
5) 8416 FEET ALONG THE ABC 01"A CURVE TO THE LEFT HAVINC A RADIUS OF 260.32 PUT A CENTRAL AN61E OF 187.922-
4) 8AVS 6f 15IARIN05 F6Y? ##5 SWW� r 15 A 9EAR110 6r N413001I WnK& Mmw
DEARS 5.2J'5J4,? 1,-� 1174.71 ff[7 (RI.000 = SO-045 -
1771,8o fEf �j
),, #ItN #c5obw Atowsm Rlow-ol-mr imoo
(CHORD OFWHICH BEAR!, S5 779-42.-F- 84.39 FEET); '48'011(CHORD
6),53 26 FEET ALONG TICE ARC Of A CURVE TO THE LEFT HAWG A RADIUS OF 68,12 FEEI; A CENTRAL ANGLE OF44
st4tTlll6flwArl)I.PARIYFNtAyol7--ol� mrmavmmml,5,� ASWNVMN.M
.
IT TO AN &VONG RNWJN,'� Aff M4879VOT- NOW SAID
Of iW& REARS S8913247-51.92 FEET),
7) 164.46 AFEI'ALONG THE ARC Or A aIRW 10 THE
NORTH HAVING A RADIUS Or f14,93 F11T, A CENTRAL ANQX OF 81'5908*
5) A(OIeX. AccW91#0 10 C01.0RA90 141y N6y.4#r lf.ml Ac)7olv 8Am.v uPM ANY
y6v MUST comAg
17KRINFANO JINCRINFIMNI" 4,54.80 M.7 TO /7//' UrNIFRUC Of
VI
(CHORD OF wilal NFARSSIO-vso-E� mam FEET) TO VIE NORTHERLY LINE OF 1144T PARCEL OF LAND DESCRIBED IN BOOK 212
NIrrGT III bVIS 14941 HAZARD Rl, WFAI'MAP W/7//# 11fiff (1) WARS N'V YX &%Vlf -R smov
1HIF MARINO FORK I?IkrR- NOV S.44-42W-f. A16WO SAID CENIM111F
AT PAGE' 368, DO,.' LEMMA TRW WHICH A RERAR AND CAP, PIS 127613 (WITNESS CORNER) BEARS N-48700T 2a37 FEEL,
AND ALSO FROM WOOD ITT, SOUTHEAST CORNER OF SECRON 8 REARS S. 16-31'2rr. 210,52. FEET
pm-rr. /At No rwlvr MAY ANY ACTION MW UPON ANrWrOf /N Us Sww'y ff'4WmlNaT
144.,52 17TT- ff,'Al 1- NOW SO) 6TAIXAVIN' 1,5&95
009F 711AN D`A` (10) LUZ AM# ff Aff a-- aRPMA710V 91OW 110WX
w0I
THE AVOW WSCRIND STRIP OF IANO CONTAINS 28,22.2 SQUARF FEET (0,647 ACRES), MORE OR
110CA 0 4V RIWAR & OAP HS / 27614 4I' 81110NO &1116ff MW.
POINT OF jqro1N#1#o sA19 pARCE1 CONTAINING 3.22 ME MORE' OR Zff5
UTILITY EASEMENT
lu
I►
80ARD (y 6WNTr COMWISVONFR5 APPROYAl
, f vFr EACH 91W OF THE FOU OWING DESCRIBED INE'
MAP 000H, BRASS
CAP ff-0-WMARKER
20 0 10 20 40
,4LF : f INCH AM lWAT
ewswo I'Muw
+ , ) A,
EASEMENT 01M, W
IIIIS 1()41 HAZARD ffWIV HAS MZN A OEM AM APPROWO Rr 771F PININ 6WNTY BEGINNING At A PONT ON INT NORRIERLY ONE OF A DOCUMENT RECORDED AT 800K 212
'70VARS 71115 lq- 11 , � PA � IY.m M , I'd* o040 P�(,E 368 RECORDED IN THE CLERK AND REcohms orncF LIF Pam couNry, COLORADO
, m IWO- It +1 --- ------ =0N 8, TOWNSHIP 9 SOUTH, RANGE 85 wSr OF
80ARO &� (VAN1,55 WHENCE ITT SOUIHI-.'ASI'CORNER OF SF
�kwvcTlv ems- f IUF6IN P.M. REARS 52 2116.11 FEET, THENCE LEAVING SAID NORTHERLY
LINE N037.9'007' IX05 FEEL; INENCE ALONG THE' ARC OF A CURVE TO THE RIGHT
CHA Wh(AN 103.49 V35- AND CHORD OF
�R"
40A MAX�l FEET; WITH A RADIUS OF 1OZ43 FEET, A DELTA OF 55
S%'2j3L"T` 99,54 FEEI TO A PONT ON THE NORTHERLY LINE OF SAID DOCUMENT AND
07KIN COUNITY RD T6WIVIr rOMMISSION1516 BEING THE POINT Or BMMS'.
r
A00,111-
CCI'7,5S & UTILITY ESUT.
EPP!
R NO. .592 T
EC. .274 ;rA
5 d 4,110 I '' p, P E,r 1 7, (,o
# �l I � '1� If
ov
I 4q
......... ...
8? 1.00'
41 N48,2900
33.52,
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VICINITY MAP
SCAM. I INN w 2W 1PIrl
AWTANa' f OR RFMNG
ff,� Milt 6 Aoffip#0/14? 171X�4,�Xlff Of UU ANN ffiaWR 0'
.11IN
RMV ('01*7Y (UOR404 Z p4rly'- V_
RAMW-Caj�-
Q1W ANP RUM&
1041 IVAMRO Rt WEW WAIK9
Alruour Aomomm.5 sAr lw HAS wN lhrmm 8r Rim mir a, wr
UISOCF 61' 01041 HAZAVAWASO #1,4r *Wr AW #F PROWly Or
IWI)OINIS AND #/,- 02-AA0 OCCUPANCY NERM bVt WOOS Of THE HIKIN
rou#ry Rew Yovs oo Nor /# ANY wA r AswR,- LW *PL r &A r ow wNpr or
A19WAV HAZARD AA545 WILL IF fff IRW MAIM M NA T APMOK0 XACA ffM
musms mu 6vxmar m's4ffir wor PRMIr
, E BROWN
JO C
N 0 IT'S
1) PA TIOS AND DECKS ARE
ALLOWED WITHIN THE 5 FE
LANDSCAPE AREA.
2) BUILDING Ell-'.-MENTS MAY
BE CANTILEVERED UP TO
10 F"I'". ON ITIE UPHILL SIDE
SHS IEOf E% ! OP EE IN XE SS ' 30
MAY NOT BE' DISTURBED DURING
THE CONSTRUCTION OF' ANY
CANIII-EVE'REI) BUILDING ELEMENTS.
3) f-1ELD St,.IRVFY INCLUDING
TOPOGRAPHY AND PROPERTY
CORNERS SI-IOWN HEREON AS SE
AND FOUND WAS PERF-ORMED AT'
ITIE' TIME' THE ORIGINAL KWIECIENSKI
1041 HAZARD REVIEW MAI' WAS
PREPARED AND CERTIFIED ON
MARCH 19, 1996. RECORDI-70 APRIL
30, 1996 IN BOOK 39, PAGE' 60
IN THE OFEICE OF- THE PI KIN
COUNTY CLERK AND RECORDER.
I
w.
ep CAF" s - o gev ." (::)o - olel
f'o )wvc A 0e) ILO " "2
9
a
iH
I
EASEMENT DESCRIPTION g000r 0 woovrl
--NO7ES
77--
PROPER T-Y DESCRIPTION-
A SVWP OF LAND BEING JVOO FEEL IN WDIH, SITUATED IN SECTION 8. TOWNSHIP 0 SOUTH, RANGE 85 VKSr OF THESIXTH PRINCIPAL
1) flfS 1041 IWAR) 8f Off MAP xis or awsmff A mu KARm flr scAvoir Am mim,
70N*y1r 9 50tjN
MERIDIAN, COUNTY OF PlIKIN, STATE OF COLORADO; SAID PARCE1. LYING 15.00 nT.T ON EACH SIDE OF RE FOLLOWING DESCRIBED
Cl.'NIERLINE.
W To j)j-)FRm1N['oNVCR51j1P 6V? F,49XXISOF MM All 1AF4WAflMwoNV HIMM
A 71?AV'01'lA1VV VAIA0 /N LOT 10, 9-0)76W 8,
RjoAAy)1#c oNvFRS1j1P aqyms ANN off/e IVIMMANMS Of WOO WAS 081AI45D FROM AM
IMNOIF85 Offr OF 1HF SUN ANNONAl. MERIDIAN, COUNTY Of MIKIN
BEGINNING AT A PMI ON THENORTHFASTERLy ITORT-or-WAY OF COLORADO HIGHWAY NO. 82, FROM W41CH THE SOUTHEAST CORNER Of
SVM,V7'110 A TINE C6W#1X#r INVOW) Ry RIARII-OWY 11fif NE, Ow #0 IoCr`,9564
SMIF 6F(tI6?A00,- SAD POW. 100 NORIMARRI Y ANO AAWNT 10
ONUS
SEMON A A US. 00KRIWENT LAND OFFICE. SURVEY STANDARD BRASS CAP MONUMENT REARS S,30*43'007E ASB74 FEET THEN VIE
IM ff-D LWYWR 1, 19,94,
74, kwimusim. r Rlw--q�-w Y or caomoo s7m 111611m r Ivo 82 AM)
FOLLOWING COURSES:
1) 600 FEET' ALONG BE ARC OF A WRW, TO THE RIGHT HAVING A RADIUS Of I2353 FEET; A CENTRAL ANGLE OF 2877'33"
2) 06WMR 11V#RVAl 91001V I#:AIM - 2 ffifl
&NOMOR.'8ARMNA1. r Of.sOffif v 145 1, ZVOK.
2)(CHr)FE0rFj WHICH WARS N,58`53'081E, 60.38 FEET); -EFT, A OF m ANGLE J).
9611 ALONG THE ARC Or A CURVE TO THE RIGHT, HAVING A RADIUS OF 104,01 t N AL A 1 or S376
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IN THE OFEICE OF- THE PI KIN
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