HomeMy WebLinkAboutpitkin.planning.273707207001 (4)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P &Z
Ordinance for the BOCC and /or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
RECEPTION #: 597513, 03/07/2013 at
12:13:17 PM,
1 OF 2, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
ADMINISTRATIVE DECISION OF THE PITKIN COUNTY, COLORADO, COMMUNITY
DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE BLUHM ACTIVITY
ENVELOPE REVIEW
Administrative Decision No. j'— - 2013
RECITALS
Neil and Barbara Bluhm (hereafter referred to as the "Applicants ") have applied to the
Community Development Director of Pitkin County, Colorado ( "Director ") for a non - vested
Activity Envelope Review for landscaping improvements that include drainage work above the
driveway, slope stabilization, construction of an overlook platform, and reconfiguration of water
features. The entirety of the Lot has been proposed as an Activity Envelope for the purpose of
encompassing this proposed development. No new structures have been proposed.
2. The property is located at 223 Placer Lane, and is legally described as Lot 1 of the Bluhm- Windfohr
Lot Line Adjustment. PID #: 273707207001.
3. The Lot is approximately 5.466 acres acres, is in the R -30 Zone District, and is conforming in size
4. The Lot is part of the original Nicklos Lot Split recorded at Book 15 Page 85 (Rec. No. 256933) and
the amended Nickles Lot Split recorded at Book 16 Page 58 (Rec. No. 263101). A Lot Line
Adjustment was approved and the Plat was recorded at Book 22 Page 16 (Rec. No. 308796).
5. Though steep slopes have been proposed within the Activity Envelope, the purpose for the inclusion
of this area within the envelope is for drainage improvements and slope revegetation. Pursuant to
Sections 7- 20- 20(e)(7) and (8) of the Code, these improvement are permissible.
APPROVED by the Director, subject to the following conditions:
1. The Applicants shall adhere to all material representations made in the current or prior applications or
in public meetings or hearings and shall consider those representations to be conditions of approval,
unless amended by other conditions.
2. Prior to submission of a building and earthmoving permit, the Applicants shall be required to
submit for approval by the County Attorney and Community Development an Activity Envelope
Plan in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.1.
The above referenced approvals shall be a condition precedent to finalization and recordation.
3. Prior to issuance of any building or earthmoving permits, the Applicants shall submit for review and
approval by the Community Development Department a specific landscaping/revegetation plan.
4. All new vegetative landscaping with the exception of irrigated grasses shall meet a 10' setback
from all structures.
5. Prior to commencement of any earthmoving or other construction activity, the Applicant shall
stake the corners of the activity envelope and install construction fencing around the construction
Page 1 of 2
site within the perimeter of the building envelope. The fencing shall remain in place until issuance
of a Certificate of Occupancy.
All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one
growing season of the project's completion in accordance with the approved landscape plan.
Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with
this property.
APPROVED by the Director, this- tl.lday of i41 , L,�, 2013.
Cindy Houben,
Community Development Director
PIDtt273707207001
P109 -12
Page 2 of 2
November 21, 2012
Pitkin County Community Development
130 S. Galena Street, 3rd Floor
Aspen, Colorado 81611
Re: Activity Envelope and Site Plan for the Bluhm Residences located at 223 Placer Lane, Parcel
Identification #273707207001; Lot 1 Bluhm - Windfohr Subdivision.
This letter accompanies an application for an Activity Envelope and specific Site Plan for development
on the lot described above. The pre - application conference summary dated June 18, 2012 indicates
code sections and documentation to address the discussion of the County's area of interest. The
paragraphs that follow are a summary explaining the request, provide background on prior
development and approvals, and address compliance with the code sections.
I. Introduction
This application requests Activity Envelope and Site Plan approval for the existing residential parcel of
the Bluhm- Windfohr Lot 1 at 223 Placer Lane. The parcel identification number is 273707207001 and is
legally described as follows:
Lot 1: Amended Nicklos Lot Split, according to the Plat thereof recorded October 10, 1984 in Plat Book 16
at Page 58 as Reception No. 263101, and all of Lot 1, Bluhm- Windfohr Lot Line Adjustment Plat, recorded
February 10, 1989 in Plat Book 22 at Page 16 as Reception No. 308749 of the public records of Pitkin
County Colorado.
The lot is within the Bluhm- Windfohr subdivision, located on Placer Lane, east off of Red Mountain
Road. See the attached vicinity map below.
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Pitkin County Activity Envelope and Site Plan Approval
PID #273707207001
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The lot currently contains a single family residential house and landscape improvements on 5.46 acres.
This application is submitted pursuant to the following sections of the Pitkin County Land Use Code (the
Code): Sec. 7- 10 -50: Activity Envelope; Sec. 7- 20 -10: Site Preparation and Grading; Sec. 7- 20 -20: Steep
and Potentially Unstable Slopes; See. 7- 20 -30: Water Courses and Drainage; Sec. 7- 20- 60(c)(1) and (5):
Wildfire Hazard (defensible space standards and maintenance requirements); Sec. 7 -20 -130: Landscaping
and Vegetation Protection
Neil G. Bluhm, Barbara S. Bluhm, Leslie N. Bluhm, Andrew G. Bluhm, and Meredith A. Bluhm (hereinafter
"the Applicant ") owns the subject properties and proof of ownership is provided in Exhibit 2. Previous
land use approvals are found in Exhibit 1. The parcel legal description and vicinity map depicting the
location of the project is provided in Exhibit 3. Authorization for Design Workshop, Inc. to represent the
property owner for this application is provided in Exhibit 4. A pre - application conference summary is
included herewith as Exhibit 5. The mailing addresses of all property owners within a 300' radius of the
project site is included in Exhibit 6. A signed fee agreement form is provided in Exhibit 7.
Exhibit 1
Previous Land Use Approvals
Exhibit 2
Proof of Ownership
Exhibit 3
Vicinity Map and Legal Description
Exhibit 4
Authorization for Representative
Exhibit 5
Pre - Application Summary
Exhibit 6
Mailing addresses of owners within 300' radius
Exhibit 7
Fee Agreement
II. Existing Conditions and Summary of Past Approvals
The subject property is Lot 1 of the Bluhm - Windfohr Subdivision, also known as the amended Nicklos Lot
Split, recorded in Plat Book 22, Page 16. The address of Lot 1 is 223 Placer Lane, and its location relative
to surrounding environs is depicted on the map provided in Exhibit 2, Vicinity Map and Legal
Description. The existing lot is zoned R -30, is approximately 5.46 acres in size, and contains one single -
family residential building. The existing residential structure was constructed in 1992, after a prior
residence was demolished on site.
III. Proposal
This application requests Activity Envelope and Site Plan approval for Lot 1 of the Bluhm - Windfohr
Subdivision. This application should also account for existing structures and improvements including the
home, a small storage shed, driveway, and landscape amenities including a pool, spa, water features,
trail, two ponds, and a dock.
Activity Envelope
An activity envelope does not currently exist for the property. A new activity envelope is proposed to
define the boundaries of the proposed site improvements, see following. In addition, a landscape
activity envelope has been defined herein to accommodate landscaping, grading, and other non - building
activities between the house and Hunter Creek Road. The Activity Envelope is documented in Sheets L1-
01 (Activity Envelope Plan) and L1 -02 (Slope Analysis).
Pitkin County Activity Envelope and Site Plan Approval
PID #273707207001
Page ) 2
JJ002
Site Plan Improvements
The Site Plan includes renovations to existing site landscape features, including two man -made stream
courses, a swimming pool, spa, pool terrace, irrigation system, and driveway pavement improvements.
New improvements to be included within the Site Plan include site grading, landscaping, access stairs, an
uphill drainage cut -off ditch associated with stabilizing the slope north of the residence, a shade
structure poolside, an overlook platform, and dock improvements along the existing ponds. Site Plan
Improvements are indicated on sheets 1-2 -01. Grading detail is on sheet 1-2 -02, Tree Removal notes are
found on sheet 1.2 -03, and Proposed Planting Plan on sheet 1.2 -04.
Prior to any improvements, the following site preparation activities will occur on the site:
• Establishment of erosion and sediment control measures to minimize the effects of surface
runoff to adjacent properties and water bodies.
• Establishment of tree and plant protection fencing to protect the existing trees on site.
• Field identification of all existing utilities and establishment of protection measures for those
utilities indicated to remain in place and /or that may cause offsite interruptions
IV. Review Requirements
From the Pre - Application Conference Summary dated June 18, 2012, the applicable review of standards
of the Code is addressed in this section of the application and in the following order:
A. Site Plan and Activity Envelope, Section 7 -10 -50
B. Environmental Protection and Natural Hazards, Section 7 -20
a. Sec. 7- 20 -10: Site Preparation and Grading
b. Sec. 7- 20 -20: Steep and Potentially Unstable Slopes
c. Sec. 7- 20 -30: Water Courses and Drainage
d. Sec. 7- 20- 60(c)(1) and (5): Wildfire Hazard (defensible space standards and maintenance
requirements)
c. Sec. 7 -20 -130: Landscaping and Vegetation Protection
f. Sect. 7- 20 -70: Wildlife Habitat Areas
g. Sect. 7 -20 -140: Lighting
A. Site Plan and Activity Envelope, Section 7 -10 -50
This site plan and proposed activity envelope has been established herein for the existing and
intended uses. In addition, a landscape activity envelope has been created for landscaping, grading,
and other non - building activities.
The proposed improvements include the renovation of existing site landscape features, including
two man -made stream courses, a swimming pool, spa, pool terrace, irrigation system, and driveway
improvements. New improvements to be included within the Site Plan include site grading,
landscaping, access stairs, an overlook platform, and rebuilding the existing dock along the existing
ponds. In addition, slope stabilization north of the house surrounding man -made slopes of greater
than 30% is included in the new site improvements. This includes an uphill drainage cut -off ditch.
The activity envelope is shown on sheet L1 -01 (Proposed Activity Envelope Plan) and the Proposed
Site Plan on sheet 1-2 -01. The activity envelope does not include areas of 30% slope or greater (not
defined as an anomaly or man -made slope) nor areas within the 100 -year floodplain line. See the
attached drawing sheet L1 -02 (Slope Analysis Diagram). Constrained areas associated with the
property are addressed in the following paragraphs.
Pitkin County Activity Envelope and Site Plan Approval
PID #273707207001
Page 13
000003
B. Environmental Protection and Natural Hazards, Section 7 -20
a) Site Preparation and Grading, Section 7 -20 -10
The proposed grading and fill on the property is contained entirely within the proposed activity
envelopes. The nature and extent of the grading proposed is shown on sheet 1-2 -02. The
vegetation to be removed is indicated on sheet 1-2 -03. Trees to be removed will only occur by
first obtaining a tree removal permit. Any clearing or grubbing of land will take place within the
approved Activity Envelope and Landscape Activity Envelope.
The Applicant will protect the natural terrain through several methods. First, any exposed
topsoil will be revegetated with native or similar horticultural material within the first planting
season after construction. Second, the revegetation plan will target weed protection. Finally,
the Applicant will establish a comprehensive erosion, sedimentation and stormwater
management plan indicating on -site storage of topsoil for reuse.
b) Steep and Potentially Unstable Slopes, Section 7 -20 -20
Section 7 -20 -20 of the Code provides standards for the review of development proposed on
steep and potentially unstable slopes. Subsection (d) of Section 7 -20 -20 states that development
is permitted on slopes with less than a thirty percent 30% gradient. As shown on sheet L2 -02
(Slope Analysis), the existing slopes are delineated in the categories of 15% or greater, but less
than 30 %; slopes 30% or greater, but less than 45 %; and slopes 45% or greater. An anomaly
does appear in the area of the existing house, depicting slopes of greater than 45% within the
footprint of the house. This topography is associated with the conditions during the construction
of the residence.
The proposed development is contained within manmade slopes of less than 30 %. The
exception would be slope stabilization required in the area north of the existing driveway and
house on slopes that are greater than 45 %. These are manmade cuts, however, that now
require additional stabilization. An engineer licensed in the State of Colorado will be involved so
that there is no hazard posed by the proposed stabilization efforts. Any slope created or
exposed during improvements will be revegetated as set forth in Section 7 -20 -130. Much of the
site's topography is previously disturbed from the construction of the existing house and
landscape improvements, as well as the previous house situated on the site. All new
improvements are proposed to replace existing, but aging site elements in the same general
locations as before in order to limit site disturbance and grading activities.
c) Water Courses and Drainage, Section 7 -20 -30
At the time of the building permit application, the proposed development of the site will
demonstrate maintenance of historic drainage patterns. There are two existing man -made
ponds located on the southern end of the parcel that serve as an irrigation source for the
residence. They are fed by the Duroux Ditch and the Magnifico Ditch. There are also two man-
made water course features found on either side of the house. The recirculating water is also
sourced by the lower ponds.
As shown in Appendix B- Water, no "blue line" water features are located within the proposed
activity envelope, including wetlands, permanent streams, or intermittent streams. The project
site is also not subject to any flood hazard areas as defined by the FEMA map. Through a
comprehensive Erosion, Sedimentation, and Stormwater Management Plan, the Applicant will
provide sedimentation control throughout all phases of development.
Pitkin County Activity Envelope and Site Plan Approval
PID #273707207001
Page 14
;Uu0004
No new water features are proposed on the site plan, but the two existing stream courses are
proposed to be repaired. They were constructed over 20 years ago with technologies available
at that time. The concrete bottoms currently are cracked and leak. Improvements to the
streams will rebuild the features with today's technology, utilizing liners to create a proper seal
while also creating a more natural appearance. The reconstruction is proposed to maintain the
existing grade levels.
d) Wildfire Hazard, Section 7- 20- 60(c)(1) and (5)
The project area is not included in any wildfire hazard areas, see Appendix C, Wildfire Hazard
Map.
e) Landscaping and Vegetation Protection, Section 7 -20 -130
The proposed development will comply with the Pitkin County Landscape Guidelines in order to
preserve existing vegetation and ensure that man -made improvements are screened from view
preserving the rural character of the County. The proposed landscape development will protect
the site's natural vegetation with minimal removal of existing trees (see sheet 1-2 -03 Tree
Removal). An equal or greater amount of mitigation caliper inches will be provided.
The landscape plan will mimic the vegetation patterns of the property as it is designed today.
More species of perennials will be planted at the entry court of the house, within and around
the new pool deck, and lining the reconstructed water features. In addition, planting is
anticipated to highlight the lower ponds and driveway. The existing meadow will also be re-
planted with seeds of native wildflowers (see sheet L2 -04 Planting Plan).
f) Wildlife Habitat Areas, Section 7 -20 -70
No wildlife habitat areas are identified on the CDOW species activity maps except for mule deer
summer and overall range. This CDOW clarification is the most widely distributed category in
the Aspen area. See Appendix D for map.
g) Lighting, Section 7 -20 -140
The standards of section 7 -20 -140 are applicable to lighting. No lighting will be installed that
violates the standards of that section. All exterior lighting will be designed so that the bulb is not
directly visible from adjacent and neighboring properties or roads. A lighting plan will be
included with the building permit submittal.
Supplemental Figures
Appendix A — Slope Analysis
Appendix B — Water
Appendix C— Wildfire Hazard
Appendix D — Wildlife Habitat
Pitkin County Activity Envelope and Site Plan Approval
PID #273707207001
UU0O05 Page 5
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PARCEL ID 4273707207001
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1 • COOK 589 MUM?
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Recorded at __ o'clock _•H.
Reception No. Recorder
RECORDING REQUESTED BYS ry'
WHEN RECORDED RETURII TOS
Jane Ellen Hamilton, Esq.
Garfield & Hecht, P.C.
601 East Hyman Avenue = "n - CD •
i Aspen, Colorado 81611
SPECIAL WARRANTY DEED N 'c -'
NEIL G. BLUHM, for TEN DOLLARS iV
J (ereby s is other gooa
and valuable considerations, in hand paid, hereby sells anii conveys
an undivided one -half interest to HEIL G. BLUHM and BARHARA S.
` BLUHM as joint tenants with rights of survivorship and an undivided
one -half interest to LESLIE H. BLUHM, ANDREW G. BLUHM and MEREDITH
A. BLUHM as tenants in common with no rights of survivorship, all
of whose address is 20 Fox Lane, Winnetka, Illinois 60093, the
following real property in the County of Pitkin, State of Coloradot
to wit;
Lot 1
•�'- AMENDED HICKLOS LOT SPLIT, according
:i to the Plat thereof recorded October
10, 1984 in Plat Book 16 at Page 58
Y- as Reception He, 263101, and all of
I Lot 1, Bluhm- Windfohr Lot Line
iAPR 13M l� Adjustment Plat, recorded February
10, 1989 in Plat Book 22 at Page 16
as Reception tto, 308749 of the
public records of Pitkin County,
Colorado,
with all its appurtenances and warrants title against all persons
claiming under him SUBJECT TO AND EXCEPTING:
s 1. General taxes for 1988 payable 1969;
2. The effect of inclusions in any general or specific
water conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street improvement
area.
f 3. Easement and right of way granted to Aspen
.••1 Metropolitan Sanitation District as set forth and described in
1 ` instrument recorded August 31, 1977 in Book 334 at Page 361 as
Reception No. 197074.
4. Easements and right of way for sewer, water and
roads as shown on the Plat of Amended Uicklos Lot Split recorded
October 10, 1984 in Plat Book 16 at Page 59 as Reception He.
263101.
S. Terms, conditions, restrictions and obligations as
set forth in Pitkin County Resolution No. 83 -70, recorded June 30,
1983 in Book 447 at Page 832 as Reception He. 251315 and Pitkin
County Resolution Ho. 84 -99 recorded October 10, 1984 in Book 474
at Page 874 as Reception He. 263116.
6. Terms, conditions, restrictions and obligations as
set forth in the Subdivision Agreement for Nickles Lot Split,
recorded January 31, 1984 in Book 460 at Page 99 as Reception He,
256932.
1
j 7. Easements and right of way for ingress and egress
! to and from Lot 2 Amended Nickles Lot Split as set forth in
Agreement recorded October 23, 1984 in Book 475 at Page 549 as
Reception He. 263486.
8. Utility Easement granted to Rocky Mountain Natural
Gas Company recorded January 2, 1963, in Book 200 at Page 442, as
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EXHIBIT 2
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: rnK 589 VOW
Reception No. 114697, the location of Which is evidenced by Survey
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of Alpine Stirveys, Inc.
SIGNED this _5!t day of _Q 1� 1989.
Neil Blu m
STATE OF
)es.
COUNTY OF _ ft-M_. )
The foregoing Speciah Warl'anty Deed was acknowledged
before me this .; day of j�ftl
Bluhm. 1989 by Neil G.
WITHE33 my hand and official seal. Enlyo;_"I cFrklAt�
1WICY t.wAL%FIl
My Commission expires! YVMMSTAu OF1UQ0S
Ytl XP. MAY 17 1992
Not r 'Public
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PARCEL ID #273707207001
WARRANTY DEED
(COLORADO)
111111111111111111 11111 11111111111 ►1111 1111111111111111
4311454 01/11/2000 M 1EP ND DAVIS SILVI
1 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY to
439464
TRANSFER DECLARATION RECEIVED 01/11/2000
Above Space for Recorders use only
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This Deed, made this 201 day of December, 1999 between Neil G. Bluhm, whose street address is 132
E. Delaware, Unit 6501, City of Chicago, County of Cook, State of Illinois and Barbara S. Blubm, whose street (Jrt p
address is 20 Fox Lane, Town of Wiunetka, County of Cook, State of Illinois, as joint tenants, as to an undivided �C
one -half ( %2) interest in the following described real property, Grantor(s), and Neil G. Bluhm, whose street
address is 132 E. Delaware, Unit 6501, City of Chicago, County of Cook, State of Illinois and Barbara S. Bluhtn, o
whose street address is 20 Fox Lane, Town of Winnetka, County of Cook, State of Illinois, as tenants in
common, as to an undivided one -half (' /z) interest in the following described real property, Grantee(s).�
WITNESSETH, That the Grantor(s), for and in consideration of the sum of Ten Dollars ($10.00) and !3M
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto
the Grantee(s), their successors and assigns forever, all their interest in the real property, together with
improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado, described as
follows:
Lot 1, as shown on the Blubm - Windfohr Lotline Adjustment recorded February 13, 1989, in Plat Book
22 at Page 16.
Also known by street and number as: 223 Placer Lane, Aspen, CO 81611,
hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State of
Colorado.
TOGETHER with all and singularand hereditaments and appurtenances thereto belonging, or in anywise
appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
Jutjw 4
PARCEL ID 4273707207001
1111111 11111 11111111111 IIII 111111111111111 HIM 1111 IN
439464 01/11/2000 02:16P WD DRVIs sILVI
2 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO
all the estate, tight, title, interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of in
and to the above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,
unto the Grantee(s), their successors and assigns forever in the following shares:
as to Neil G. Bluhm, a twenty -five (25) percent undivided interest in the real property; and
as to Barbara S. Blulun, a twenty -five (25) percent undivided interest in the real property.
And the Grantor(s) for themselves, their successors and assigns, do covenant, grant, bargain and agree to and
with the Grantee(s), their successors and assigns, that at the time of the ensealing and delivery of these presents,
they are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate
of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other
grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature
soever, except:
See Exhibit A, attached hereto and made a part hereof.
The Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the
quiet and peaceable possession ofthe Grantee, its successors and assigns, against all and every person or persons
lawfully claiming or to claim the who or any part thereof.
(The remainder of this page has been intentionally left blank)
jjU015 z
PARCEL ID #273707207001
IN WITNESS WHEREOF, The Grantor(s) have executed this deed on the date set forth above.
NEI G. BLIJHM
State of Illinois )
)ss
County of Cook )
The foregoing instrument was acknowledged before me on this day of &e cc, 4, . 20 , 1999 by Neil
G. Bluhm.
NOTARY PU C
My Commission expires: 02yse/ae �
Witness my hand and official
......... ...................
"OFFICIAL SEAL"
CHERYL A. I'- AILLER
. Notary Public, State of Illinois
My Commission
♦.....•e....
XPIres e. 2/17/02
11111111111111111111111 IN 1111111111111111111111111111
439464 01/11/2000 02t1SP NO DAVIS SILVI
3 of S R 30.00 0 0.00 N 0,00 PITKIN COUNTY CO
I.tPROJECISK641-WIuhmMSpeu, CW a2.wpd
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PAf�CEL ID 4273707207001
BARBARA S. BLUHM
State of Illinois )
)ss
County of Cook )
The foregoing instrument was acknowledged before me on this day of ;(>c e4w,,t z , 1999 by
Barbara S. Blulun.
"OFFICIAL SEAL"
J,NglLORI ANN ASAUSKAS
Publi c, Stale of Illinois
y mmission Expires 07/27103
arY
ommtssion expires:
Witness my hand and official seal.
This instrument was prepared by and
after reserding avail to:
John G. Caruso, Esq.
Kirkland & Ellis
200 E. Randolph
Chicago, IL 60601
WHEN RECORDED SEND TO:
Tomeika J. Poe
Chicago Title Insurance Co.
171 N. Clark St., MLC 04ND
Chicago, IL 60601
111111111111111111111111111111111111111111111111111 IN
439404 01/11/2000 02:16P ND DAVIS SILVI
4 of e R 30.00 D 0.00 N 0,00 PITKIN COUNTY CO
I TRO1EC Mrie1aVUuhmW pen. Co1Dad2.Npd
Uuu017
Cl -Ct�f ta`J
O ARY P eBv
Mail tax bill to:
.Neil G Bluhm
132 E. Delaware, Unit 6501
Chicago, IL 60611
M
PARCEL ID #273707207001
1 1111111111111111111111 IIII 11111111111111111111111111
439464 01/11/2000 02.16P ND DAVIS SILVI
S of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO
EXHIBIT A
Title Exceptions
Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
2. Easements or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any other facts which
a correct survey would disclose and which are not shown by the public records.
4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof, but prior to the date the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer
service, or for any other special taxing district.
Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be
found to penetrate or intersect the premises hereby granted, as reserved in United States Patent
recorded June 28, 1905, in Book 136 at Page 333.
8. All coal and other minerals, together with the right to prospect for, mine and remove the same, as
reserved in United States Patent recorded February 3, 1956, in Book 161 at Page 530.
Easement and right of way for ingress and egress purposes, as granted by Robert H. Colins to Robert
B. Hurst by instrument recorded July 8, 1952, in Book 177 at Page 212.
10. Easement and right of way for sewer purposes, as granted by Edgar Stanton and Rosamond Stanton to
Aspen Metropolitan Sanitation District by instrument recorded August 14, 1974, in Book 290 at Page
184.
11. Easement and right of way for alternate road purposes, as granted by Edgar Stanton Jr, et al to Greater
Aspen Development Company by instrument recorded April 15, 1969, in Book 240 at Page 398,
12. Easement for access over Hunter Creek Road granted to the County of Pitkin, State of Colorado, in
instrument recorded August 12, 1975, in Book 301 at Page 651; and right of way, if any, for Hunter
Creek Road, as shown on Plat for Red Mountain Ranch, Block 4, filed in Plat Book 4 at Page 123, as
it may affect the subject property, on the Easterly boundary thereof.
PARCEL ID #273707207001
13. Easement and right of way for sewer purposes, as granted by Edgar Stanton, Jr. and Rosamond B.
Stanton to Aspen Metropolitan District by instrument recorded August 31, 1977, in Book 334 at Page
361.
14. Easement and right of way for the purpose of installation, maintenance, repair, and/or replacement of
a sewer line, as granted by Edgar Stanton, Jr., and Rosamond Stanton to James Johnson by instrument
recorded July 13, 1981, in Book 411 at Page 180, and recorded July 27, 1981, in Book 411 at Page
762.
15. Resolution of the Board of County Commissioners of Pitkin County, State of Colorado, recorded
June 30,1983, in Book 447 at Page 832.
16. Easements, rights of way, and all matters as disclosed on Plat of subject property recorded October
10, 1984, in Plat Book 16 at Page 58, and on Plat recorded in Plat Book 22 at Page 16.
17. Resolution of the Board of County Commissioners of Pitkin County, State of Colorado, recorded
October 10, 1984, in Book 474 at Page 874.
18. Subdivision Agreement for Nocklos Lot Split recorded January 31, 1984, in Book 460 at Page 99
19. Agreement between James M. Nicklos, Stella J. Nicklos, and Barry J. Lind, as set forth in instruments
recorded in Book 475 at Page 549, and November 15, 1984, in Book 476 at Page 744.
20. Resolution f the Board of County Commissioners of Pitkin County, State of Colorado, recorded in
Book 578 at Page 991, and re- recorded in Book 579 at Page 911.
21. Easement Agreement between Neil Bluhm and Anne Burnett Windfohr recorded February 13, 1989,
in Book 585 at Page 726.
22. Resolution No. 89 -45 by the Board of County Commissioners of Pitkin County, recorded May 3,
1989, in Book 591 at Page 673.
23. Easement Agreement by William V. Hodges 1II, Darrow D. Hodges, Henry A. Wilmerding, Jr,
Marilyn Hodges Wilmerding, Neil Bluhm, Leslie N. Bluhm, Andrew G. Bluhm and Meredith A.
Bluhm recorded December 1, 1992, in Book 695 at Page 938.
24. Easement and right of way to construct, reconstruct, repair, change, enlarge, re- phase, operate and
maintain an underground electric transmission or distribution tine, as granted by Neil G. Bluhm et al
to Holy Cross Electric Association, Inc. by instrument recorded February 21, 1991, in Book 640 at
Page 142, June 16, 1992, in Book 680 at Page 854 and August 16, 1994, in Book 758 at Page 678.
IIIIII11111111111IIIII III(IIIIIIIIIIII III111111111IIII
439464 01/11/2000 02:16P WD DAVIS SILVI
S of S R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO
UUIiU: �-; -6
PARCEL ID #273707207001
223 PLACER LANE LOT l OF
THE NICKLOS LOT SPLIT •
PLACER LANE
RED MOUNTAIN RD./
CO RD. 20
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EXHIBIT 3
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LEGAL DESCRIPTION:
Lot 1: Amended Nicklos Lot Split, according to the Plat thereof recorded October 10, 1994 in Plat
Book 16 at Page 58 as Reception No. 263101, and all of Lot 1, Bluhm- Windfohr Lot Line Adjustment
Plat, recorded February 10, 1989 in Plat Book 22 at Page 16 as Reception No. 308749 of the public
records of Pitkin County Colorado.
DIRECTIONS: FOLLOW RED MTN RD. /CO RD. 20 NORTH A MILES FROM THE INTERSECTION
OF NORTH MILL AND RD MTN RD. TURN RIGHT ON PLACER LANE AND FOLLOW TO END.
EXHIBIT 4
ParcelID# 273707207001
Pitkin County Community Development Department
130 S. Galena Street
Aspen, CO 81611 -1975
RE: Application for Activity Envelope and Site Plan Review Approvals
223 Placer Lane, Lot 1 of the Nicklos Lot Split
Parcel Identification Number 273707207001
To whom it may concern:
As owner of the above referenced property, 1 hereby authorize Design Workshop, Inc. (DW) to act as our
designated and authorized representatives for the preparation, submittal and processing of an
application for the approvals listed above, as well as, any incidental approvals associated therewith. DW
is also authorized to represent us in meetings with Pitkin County staff.
Should you have any need to contact us during the course of your review, please do so through Design
Workshop, Inc., whose address and telephone number is included in the application referred to above.
Regards,
Andrew Bluhm
i
;ju021
PITKIN COUNTY PRE- APPLICATION CONFERENCE SUMMARY
LOCATION: 223 Placer Lane, Lot I of the Nickles Lot Split
OWNER: NEIL and BARBARA BLUHM ZONING: R -30
REPRESENTATIVE: Mopmmalghioker PHONE: 925 -8354
DATE: June 18, 2012 A y14L0' 4 L0S
Type of Application: Activity Envelope Review w/o vesting.
EXHIBIT 5
PID #:273707207001
ACRES: 5.3 acres e4191,113
EMAIL aDesignWorkshop.com
PLANNER: Mike Kraemer, 920.5482
Description of Project/Development: The Applicant is requesting approval of an Activity Envelope without vested rights for
site work for landscaping that includes installation trees, etc. of to a site already developed with a single family residence. The
proposed envelope should include all development on the property.
Land Use Code Sections to be addressed in letter of request (application):
Sec. 7- 10 -50: Activity Envelope;
Sec. 7- 20 -10: Site Preparation and Grading;
Sec. 7- 20 -20: Steep and Potentially Unstable Slopes;
Sec. 7- 20 -30: Water Courses and Drainage;
Sec. 7- 20- 60(c)(1) and (5): Wildfire Hazard (defensible space standards and maintenance requirements)
Sec. 7-20-130: Landscaping and Vegetation Protection
Staff will refer the application to the following agencies: None.
Review By: Community Development Director
Public Hearing? No.
FEES: $3,145 (make check payable to " Pitkin County Treasurer ")
Planning Office flat fee: $3,120 (non - refundable; based on 10 hours of Staff time; if staff review time exceeds 12
hours, the Applicant will be charged for additional time above 10 hours at a rate of $312 /hour)
o Web Technology Fee: $25
To apply, submit 1 COPY (unbound) of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing
compliance with the Code sections listed above.
2. 11" by 17" and 24" by 36" Activity Envelope as designated in Section 2. 1.1 of the Pitkin County Land Use
Application Manual;
3. Previous Land Use Approvals (if applicable);
4. Proof of ownership of subject property;
5. Parcel description, including legal description and vicinity map;
6. Total fee for review of the application;
7. Signed fee agreement (I copy);
8. Consent from owner(s) to process application and authorizing the representative (1 copy)
9. List of all property owners within 300' of the subject property (1 copy)
10. Copies of this pre -app form
The Pitkin County Land Use Code and Application Manual can be found at the followine link:
httl2://www.asr)enpitkin.com/depts/7/planning.cfm
,jiij22
NOTES:
➢ PLEASE SUBMIT ONE UNBOUND OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO -SIDED COPIES
OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). 24" X 36° SITE PLANS MUST BE
FOLDED. PARCEL ID MUST APPEAR ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION.
Y This Pre - Application Conference Sununary Sheet is advisory in nature and not binding on the County. The information
provided in this Summary Sheet is based on current zoning standards and the staff's interpretations based upon
representations of the applicants. Additional it fonnation mar, be required upon a complete review of the application.
➢ The Pitkin Cmmty Land Use Code is available on -line at www.aspenpitkin.com.
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PARCEL ID #273707207001
EXHIBIT 7
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
Neil G. Bluhm, Barbara S. Bluhm, Leslie N. Bluhm, Andrew G.
PITKIN COUNTY (hereinafter "COUNTY ") and Bluhm, and Meredith A. Bluhm C/o DESIGN S'TORKSHOP, INC.
(hereinafter "APPLICANT ") AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for ACTIVITY ENVELOPE AND SITE PLAN REVIEW
(hereinafter, the "PROJECT ").
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the COUNTY'S policy that
development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be
consistent and fair to the public and to reflect the expense Incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and /or Board of County
Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $ which is based on _ hours of staff time, and if actual time spent by staff to process the
application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of
the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY NEIL AND BARBARA BLUHM C/O DESIGN WORKSHOP, INC.
( "APPLICANT ")
Cindy Houben
Community Development Director
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Print Name aannd, Title (if applicable)
Date: /Z -,Z/ '12
Mailing Address: DESIGN WORKSHOP, INC.
120 EAST MAIN ST.
ASPEN, CO 81611
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PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
December 5, 2012
Ashley Allis
120 East Main Street
Aspen, CO 81611
aallisndesienworkshoa com
Re: Bluhm Activity Envelope Review
(CASE P109 -12; PID 2737 - 072 -07 -001)
Dear Ms. Allis:
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.
If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482.
Sincerely,
Bonnie Shiles
Administrative Assistant
PITKINCOUNTY COMMUNITY DEVE,)PMENT
Permit Receipt
RECEIPT NUMBER 00033271
Name: Design Workshop Inc Date:11/21/2012
Project Address: 223 PLACER LN
Type: check # 3055
Permit Number Fee Description
Amount
0109.2012.PLAN PP- Flat Fee
3,120.00
0109.2012.PLAN PP- Clerk Tech Fee
25.00
Total: 3,145.00
X58
DESIGNWORKSHOP
Landscape Architecture . Land Planning
Urban Design . Tourism Planning
Asheville . Aspen . Austin . Denver . Salt Lake City
Lake Tahoe
120 East Main Street
(970) -925 -8354
Facsimile (970) 920 -1387
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