HomeMy WebLinkAboutpitkin.boa.12.03DOCUMENT 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 (I 1x17)
PARCEL ID: 2737- 071 -00.040 ?ariDATE RCVD:) 1/412012 j1 50AW -Os
k
E NAME: GOVT 33 LLC Rear Yard Setback Variances PLNI Joanna Schaffner
PROJ ADDR: Spruce St CASE TYR: IRea Setback Variances STEPS :11
OWN /APP: GOVT 33 LL C ADR 1604 W Main St C /S /Z: Aspen, CO 81611 PHN:j
p: Mitch Haas ADR:I201 N Mill St Ste #108 C /S /Z:IAspen, CO 81611 — PHN: 970- 925 -7819
FEES DUE: $648 FEES RCVD: 5648 #00031864
REF: BY is DUE:F-
DATE REV BODY PH NOTICED
12 boa yes 01/26/12 DATE OF FINAL ACTION: 2/7/2102
F— f
3OA #03 -2012 #586713
DATE CLOSED: 1 2/2612013 BY: BS
CM
RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING FRONT AND REAR YARD SETBACK VARIANCES FOR
GOVT 33, LLC
Resolution No. 03 -2012
WHEREAS, Govt 33, LLC, owner of parcel 2737- 071 -00 -040 located on upper Spruce Street,
Aspen, CO 81611, is requesting approval of 25 foot Front and Rear Yard setback variances where
30 feet and 30 feet respectively is required for this 1.58 acre parcel in the TR -2 zone district, for the
construction of a single - family residence; and
WHEREAS, the property is more fully described in Exhibit A; and
WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by
virtue of Title 11, Section 7- 10.30, Pitkin County Code (Land Use Code) and Colorado Revised
Statutes, 1973, 30 -28- 118(2) (C); and,
WHEREAS, based on the evidence presented, the Board of Adjustment makes the following
findings:
1. Proper notice procedures, including the notification of all adjoining property owners, has been
shown by the applicant.
2. The required hardship or practical difficulty has been established.
3. Granting such relief will not cause substantial detriment to the public welfare and will not
substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment that a 25' Setback variance
be granted for the Front and Rear Yards for the construction of a single - family residence as shown
in Exhibit B due to peculiar, practical difficulties and topographic hardships.
WARNING: Any violation of the terms of this resolution may result in rehearing and possible
revocation.
The Resolutionwas adopted by vote of the Board of Adjustment of the County_ of Pitkin, State of
Colorado.
DATED: February 7, 2012
ATTEST:
Joanna S. Schaffner, , Date
' Pitkin County Zoning Officer
Parcel ID# 2737 - 071 -00 -040
G
iataeBP&Wster-M Leod Date
Co- Chair, Board of Adjustment
RECEPTIONM 586713, 02/15/2012 at
09:01:05 AM,
1 OF 4, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
n
IMSRCMt Vcm assn .
THIS Dk &D; made this Lt-day at
America, acting by and thr '1� —' 19p7,.between the IInite"d States a£.
hereinafter Ca11ed-led the Forest.'ServioeI Department of Agriculture,
Grant;• and eac ., r: T :mrotit; i�t5aaa lS•, : Tiuiro
C. Tiereina ..te tenantd in' ccaemolf sh,• and,
Colcrado,.hereias# ter Called Grnatee's:� a£ P.D. sox 89, Trnra of Aspen, State a7
W1TN&SSSYiic The Grantor is cuthoriied to Convey certain xatidnai Fcrest Systea
' lands by the act of 'January 12, 1963 (96 :SLat. 2535; 16 II.S.C: 521e) .•
NOW TfffiRSFORSy the Grantor, for and in oaas dera tioa of land. in €+ t]c3 CouxitY,
Colorado containing- 27 ,615 acres,'aiore or less, the receipt whereof 'is hereby
duly aclnsawledged, does hereby rsmise,- release, and,quitclaia unto the
Grantees" 'its successors and assigns ell it•s right,,title, and interest in
and to the real property situated in the County of Piticin, State. of. Color& do,.
described as foiloWS;.•
Toirnehin 10 South R_ 84 Wei .
The Eaet .1/2 of Lot 33, Section 7 "
Containing 0 -]65 acres, more or less.
SIIaJSCS TO: .
1. All easements and rights - of -Way of record.:.
In ;;t.d55 WI3SRso,' .the Giantor by dta'duly authorized repxeeeatative be
ecuted this• deed pursuaat•ta the a' elegation of euthcritY pscm'Ulgated ii
7 CFR 2 "42 and 49 P.R. 34263, August 29, 1964.
T p R Y PG uNrnm STATSS nF AgMUClk
G•
d�Cryi. Ssx L. nix, VILLAS
T;► { 'moo Acting Forest Supervisor '
• F .CDIp�* 'Mite Rive= xatioaai Forest. .
- ' Forest • Se'rvice' •
United States Deph t t of 'AgriCitlture
Lrrun��'-tlF�xDIVIDITAT, --
STATE OF COLORADO
COIIRly OF COMFIRM • j , . .
6a this r day of J'slit
xota y 1� 'before M,
Garfsel na Public is and for said Stttte, -with '
County, pereonall Principal off
Supervisor, y.aPPeared Sea L. Dal Viilar, Acting- Forest
. Wbite River xational Forest: IaaoWa 'to me to be -the person who,
=
name am subscribed •to the Within known 'to
ackooxledged that he .execut
the same,
W1TN -SSS my hand and official scale ' -
Y aad.year first above written-
: $otary Pub is My ao!rmiisRion expires 9
v
. IHTERCSANGE DEED"
THIS DEED, made this day of SuMr ' , 33", between the Onited States of
America, acting by and through the Forest .Service, Department of 'Agriculture,
hereinafter called. Grantor, and Albert G. Timroth, Donna M. Tamroth;"and
Grant C. Timroth, as tenants in.common, of P•.O. Sox 89, Town of Aspen, State of
Colorado, hereinafter called Grantees.
Wr=SSSTH: 7be Grantor is authorised to convey certain National. Forest System
lands by the act of daiivary 12, 19B3 (96 Stet. 2535, 16 U.S.C. .521c).. '
NOW THEREFOpXi the Grantor, for and. in consideration of land in 'Pitkim County,
Colorado contai4ing 27.645 aciss, "aiora or less, the receipt whereof is hereby
duly acknowledgeA, does hereby remise, release, "and quitclaim unto the
Grantees, itssuccesacrs and assigns all it's right, title;' and interest ,' is
and to the reel property situated in the County of Pitkin, State of Coloradd,
described.as follows:
The West 1/2 of 'Lot 33; Section:7 '
Containing 6.785 acres, mere or Seas.
1. All easements and rights -of -way of record.
IN WEXIiESS WSSREOF, the Grantor by ite'duly authorised representative has .
executed this deed pursuant to the delegatim of authority promulgated in Title
7 CFA 2.42 and 69 F.R. 34283, August 29, 1984. .
UNITED STATES OF AMERICA
8y:
-_-,�e� BEN L. DSL VILLAR
Acting Forest Supervisor
PTO White River National•FCrest
�rF OF C� Forest Seevice
- -- - United States Department of AgriCdlture-
AcK mFII.&DmmmmT of IIiftVIDuAL .
STATE OF COLORADO ) .
CODMT OF GARFIELD
i
I
•F
On this /(,L day of z-J46Ve ., 19.1:Z before-me, fv .''
�,G, a Notary Public is and for said State; wi principal office in
Garfield County, per appeared.Sen L. Del Villar,'Acting Forest
'Supaivisor, White River National Forest, known to me to be the person.whose
'name Ss.subscribed to the within instrument, and acknowledged that he executed
the same. .
WITNESS my hand and official seal the day and year first above written.
My commission ix' ires ��j S X1999
Notstg ublic Dath
E
un
j
--� 1 1 W \r133 ACRBL- 33 1
. . - -� I 1 153 ACRES# I
1 I
i 1 1 I 1
i i t s 1
,1 I 11 DIN
a. 4
/levmv\srEnnn
LJ�
iEannce
oru�/�l vrunccws —
r
y1 .01
MINUTES
Meeting of the
Pitkin County Board of Adjustment
February 7, 2012
Members Present: Rick Head, Jamie Brewster - McLeod, Patrick McAllister,
Seth Hmielowski
Members Absent: Jim Rifkin, Bob Throm
Staff Present: Joanna S. Schaffner, Zoning Officer and acting secretary
Brewster - McLeod opened the meeting at 5:27pm. There is no recording of this meeting.
Minutes are based on the notes taken at the meeting.
Caseload:
Case 903 -2012 Govt 33, LLC
Spruce Street, Aspen
Planner, Mitch Haas and architect, Rob Sinclair were present to represent the owner in a
request for 25 foot front and rear yard setback variances where 30 feet and 30 feet are
required on this 1.58 acre parcel in the TR -2 zone district to construct a single family
residence and related improvements.
The Affidavit of Posting and Mailing was submitted. There were no members of the
public present to comment on this application.
Haas presented a site plan of the subject site, indicating the approved building envelope,
and explained the land use history of the site. He explained that the upper portion of the
building envelope will contain the retaining walls, and that the house itself is proposed in
a pinch -point on the site where the front and rear lot lines are separated by only 70 feet.
In BOCC resolution 06 -2005, it states that this building envelope is the "best possible
location for development on the property."
Haas explained that the property has a seven year vested right to develop this site. That
vesting period will expire soon, so development needs to proceed at this time. The result
of not developing now is a loss of 3,250 sq ft of floor area, as the house is approved for
5,750 sq ft in what is now the TR -2 zone district which only allows 2,500 sq ft of floor
area.
Schaffner read into the record an email sent by adjacent property owner, Gleason, in
which they expressed several concerns related to the development of this lot.
Head asked what would happen if the Board denied this request. Schaffner stated that
appeals of the Board of Adjustment are heard by the Board of County Commissioners.
0=00:00' 5
E'
W
Head moved to approve the application based on peculiar practical difficulties and
topographic hardships. Hmielowski seconded the motion and all were in favor.
Minutes:
Head moved to approve the minutes of the January 3, 2012 meeting. Brewster- McLeod
seconded the motion and all were in favor.
There being no further business, the meeting was adjourned at 5:50 pm.
Respectively submitted,
Oanna S. �cb�ffaer Date
GZoning Officer
000006
Jamie Brewster - McLeod D
Board of Adjustment, Co -Chair
Z
w,r
PITIQN COUNTY
BOARD OF ADJUSTMENT
Application Form
.x s
ov4 r
m.uhv,
REPRESENTATIVE ga 4 s L& nd P l ann n a PHONE q25
E-MAIL MhaaS P SooriS• net FAx q2S -739S
MAILINGADDRESSS 2-01 N. Mi/l S'itef� �Uik W AS4tn CO W/ W1
I1
PARCELOWNER �VL 3�J ITC PHONE g20-2-9V
1 � � ' � 1 ► V I 1 Jill is �" • i
LEGAL DESCRIPTION 64 33 M SCWovn i tT�Nnsh� .�nk �j ��l TY esl W ire 64 P �
SUBJECT PARCEL ADDRESS S ce -et. Ash n, CO V6711
PARCEL ID # 1937- 011- 00- o qo
ZONE DISTRICT fJ - Z LOT SIZE 1.59 a r re S
(To be completed by Zoning staff)
Meeting Date:
Case # 03- 00 It
Request:
aS foot Front yard setback variance, where -3C, feet is required.
1 foot Rear yard setback variance, where ?O feet is required.
foot — Side yard setback variance, where feet is required.
foot _ Side yard setback variance, where _ feet is required.
foot Height variance, where is allowed.
foot Arterial Highway setback variance, where 200 feet is required.
foot Major Road setback variance, where 100 feet is required.
foot Collector Street setback variance, where 50 feet is required.
Application material was referred to:
Zoning Officer:
It 12,00 eoI.w W ebra, Fom ;'.anus R Che,U,1s .4elv.eboa_auVLcaean doc
OU0007
HAAS LAND PLANNINGr LLC
January 2, 2012
Pitkin County Board of Adjustment
c/o Joanna Schaffner and Susan Pearson, Zoning Officers
130 South Galena Street
Aspen, CO 81611
RE: Request for a Setback Variance for Government 33 LLC
(Parcel ID 2737 - 071 -00 -040)
Dear Joanna, Susan, and Members of the Board of Adjustment:
The applicant, Government 33 LLC, owns a 1.58 -acre lot at the top of Spruce
Street and above the Silverlode /Williams Ranch Subdivision. The site is a sub-
standard sized parcel within Pitkin County's TR -2 Zone District, immediately
outside of the Aspen Urban Growth Boundary (UGB). The parcel is an unusual
triangular shape that is widest on the uphill side of the property, above the
approved and vested building envelope.
In 2004, the Pitkin County Hearing Officer denied an application for 1041 Hazard
Review and Conceptual Submission pursuant to Determination No. 25 -2004
finding that the entire parcel was encumbered by slopes in excess of 30 %. At that
time, development was flatly prohibited on slopes in excess of 30% pursuant to
Section 3- 80 -50(c) of the 2000 Land Use Code.
BOCC Resolution 006 -2005 found that the Hearing Officer's Determination
amounted to a regulatory taking of private property without just compensation
and granted remediation in the form of a 1041 approval, subject to certain
conditions. In that Resolution, the BOCC approved the building envelope, which
is located at the narrower, downhill side of the triangular property, finding that it
was the best possible location on the property for development. Pursuant to
BOCC Resolution No. 044 -2005, the approvals granted to this property were given
extended vested rights that expire on April 13, 2012.
The applicant has recently applied to the County for Scenic Review approval of the
proposed residence and landscaping, which is required before submission of a
building permit application. A hearing on that request is set for January 19, 2012.
In conversation with Pitkin County Zoning Officer Joanna Schaffner, it was
• 201 N. MILL STREET, SUITE 108 • ASPEN, COLORADO • 81611
• PHONE: (970) 925 -7819 • FAX: (970) 925 -7395
®UGUO3 -
Div?
brought to the applicant's attention that the County considers the front and rear
yard setbacks to be the sides of the triangle, and the side yard setbacks to be the
top and bottom of the triangle. This is not the way the applicant contemplated the
lot or designed the proposed home and, frankly, this runs counter to the layout of
development contemplated when the BOCC approved the building envelope in
2005 to remedy the regulatory takings that otherwise would have occurred. The
home and garage face out, toward Aspen, with the front of the home at the
narrower, downhill portion of the triangular site. The back of the home faces the
wider, uphill portion of the property and is located hundreds of feet from what the
applicant considered to be the rear property line. Nevertheless, the applicant is
now seeking variances from the front and rear setbacks, as configured by the
County.
The required setbacks for this parcel under the current Code are as follows: front
setback = 30 feet; side setback = 20 feet; and, rear setback = 30 feet (See Table 5. -1.A
of the 2006 Pitkin County Land Use Code (the "Code ")). These setbacks are the
same as those required for this parcel by the previous Code (2000), under which
this property's development rights are vested.
The site is so narrow and so physically constrained that it is almost impossible to
design a home within the required setbacks while also complying with height
limits. Therefore, as mentioned above, the applicant is requesting a variance from
the front and rear yard setbacks. The proposed front and rear yard setbacks are 5
feet each, where 30 feet is required for each; therefore, the applicant is requesting
front and rear yard variances of 25 feet each.
The applicant hereby requests that the setbacks be varied in accordance with the
proposed site plan attached to this letter. The distance from the front of the home
to the property line at the bottom of the triangle (the downhill side of the property)
will be over greater than one hundred feet, while the distance from the back of the
home to the uphill property line will be several hundred feet. The only variances
required are for the sides of the home. Based upon the County Zoning Staff
finding that these areas are the front and rear yards, the applicant needs 25 foot
variances from the 30 foot front and rear setbacks required under the TR -2 zoning.
The requested variances are primarily for the driveway, retaining, terrace and
front corners of the proposed residence. As the home moves straight up the hill,
the parcel widens and the setbacks increase.
Pursuant to Section 2- 10 -30(d) of the Code, the Board of Adjustment ( "BOA ") is
authorized to hear requests for variances from the structure height or yard and
road setback provisions of the Code, subject to the procedures established in
Section 2 -40 -110, which states in subsection (b),
2
The Board of Adjustment shall only approve a variance where, by reason
of unusual narrowness, shallowness, or shape of a specific piece of
property at the time of the enactment of the regulation, or by reason of
unusual topographic conditions or other situation or condition of such
piece of property, the strict application of the height or Road and Yard
setback regulations of this Land Use Code would result in peculiar
practical difficulties to, or undue hardship upon, the owner of such
property, and the granting of relief from the strict application of this Land
Use Code will not cause substantial detriment to the public good and will
not substantially impair the intent and purpose of the Pitkin County
Comprehensive Plan and this Land Use Code.
The proposed home will be built in the most appropriate location on the
property, which is the building envelope approved by the BOCC in the 2005
Resolution. Indeed, the BOCC made a finding in the Resolution stating that the
approved building envelope was "the best possible location on the property for
development." The applicant will face peculiar practical difficulties and undue
hardship if the Code is strictly applied as there is neither an alternative location
on the property for the home to be built, nor any other design that would enable
the applicant to develop the 5,750 square foot residence that has already been
approved for this parcel.
Given the size, shape and environmental constraints of this parcel and the fact
that the two properties adjacent to the front and rear yards (as determined by the
County Zoning Staff) will not contain any structures, the impact of decreasing
these setbacks will be negligible. That is, the property adjacent to the rear yard is
open space owned by Pitkin County, while adjacent to the front yard is an
undevelopable portion of a lot that already has a home on it. Thus, granting of
the requested relief will not cause any, much less substantial, detriment to the
public good, nor will it in any way impair the intent or purpose of the Pitkin
County Comprehensive Plan or Code. As mentioned above, there is not a more
appropriate place for this home to be developed, nor will any other design work
for this limited building envelope on this constrained lot.
If the applicant is not granted a setback variance for the development of the
already approved 5,750 square foot home in the BOCC approved building
envelope, the applicant would, for all intents and purpose be faced with yet
another "taking" of his property without just compensation. Such a "taking" is
exactly what the BOCC sought to remediate in 2005, with their approval to
develop a 5,750 square foot home in this narrow building envelope.
It should also be noted that all of the property owners that would potentially be
affected by this development will be named as additional insured parties on the
Wo
WE
applicant's policy regarding construction activity, as required under Condition
#4C of BOCC Resolution 006 -2005.
As such, on behalf of the applicant, it is respectfully requested that approval of a
variance to the setback requirements be granted to allow for the development of
this single - family residence in accordance with the approvals granted by the
BOCC in remediation of what otherwise would have been a regulatory takings.
If I can be of further assistance in any way, or if you should have any questions,
please do not hesitate to contact me. I can be reached at the phone number
provided, or by email at mhaas@sopris.net.
Yours truly,
Haas Land Planning, LLC
Mitc Haas
Owner /Manager
Exhibits:
1. Board of Adjustment Application Form
2. Proof of Ownership
3. Authorization Letter
4. Copies of Prior Approvals
• BOCC Resolution No. 006 -2005
• BOCC Resolution No. 044 -2005
5. Property Owners within 300'
6. Topographic Survey (Timroth 1041 Site Plan)
7. Proposed Site Plan
8. Building Elevations /Perspective Drawings
9. Scenic Review Elevations Exhibit
UUU011
PTTHIN COUNTY
BOARD OF ADJUSTMENT
Application Form
REPRESENTATIVE 44 cl cis L.A n J P l G n n ', n a PHONE q?- 5- -7Z19
E -MAIL MhQaS P 501)1(.lS• Oe FAX g2Sr73g5'
MAILING ADDRESS 201 N. M11 S u i lc I O R As nc n CO S l 64 l 1
PARCELOWNER &V4 '35 U-C- PHONE qn-Ugi
•1 ��' �1 ► VI. I i�1' � � i
LEGAL DESCRIPTION 64 33 tyl �ee-Aovn 7i T nshi0 ID �pA AaTV wzsf W me 6A P �
SUBJECT PARCEL ADDRESS Sf Oce Sire-et, &ixrz CO 1(716711
PARCELID# 2931- 0� l' 00- 0qo
ZONE DISTRICT �� LOT SIZE
(To be completed by Zoning staff)
Meeting Date:
Case #
Request:
foot Front yard setback variance, where _ feet is required.
foot Rear yard setback variance, where _ feet is required.
foot _ Side yard setback variance, where _ feet is required.
foot _ Side yard setback variance, where _ feet is required.
foot Height variance, where _ is allowed.
foot Arterial Highway setback variance, where 200 feet is required.
foot Major Road setback variance, where 100 feet is required.
foot Collector Street setback variance, where 50 feet is required.
Comments:
Application material was referred to:
Zoning Officer:
I 12109G'mou "%W:bam -Fov zP"o"xR Ch'kl�su-- irtvl=`bos_ &n
,;fu0J12
CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that
GOVT 33 LLC, A COLORADO LIMITED LIABILITY COMPANY is the owner in fee simple of the
following described property:
LOT 33, IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M.
ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: SPRUCE ST., ASPEN, CO.
81611
ENCUMBRANCES:
,NRIA
This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only.
PITKIN COUNTY TITLE, INC.
F3`i
Fil
authorized signature
CERTIFIED TO: December 18, 2007 at 8:00 A.M.
Job No. 2348G
oijo,013
NEIL D. KARBANK, P.c.
MRECT DIAL 970. 920 -.899
nonnnn m cvnm.0 +n
DISUI nl I'D Yru• 111 1.
BY HAND
LAW ORTCE9
MANSON & KARBANK
AN MWC1AD0N M VR9EESSIOVAL CORPOII A r IOF5
6V 1VESTMAIN
ASPEN, COLOR ADDS 1611.1610
TEI.970A2" -2899
FAR 970.920.2895
e-mail: ncliNarbQcomcasl.ncl
October 5, 2011
Pitkin County Community Development Department
130 South Galena
Aspen, Colorado 81611
KANSAS CITY OF'FIC'E
120MAIN STREET. 19Ti1 FLOOR
KANSAS CITY. MISSOURI 681054E \I
JOHNSON COUNTY orE10E
84 CORPORATE WOODS
1031 MASFIN. SUITE 450
OVERLAND PARK. KANSAS (,6210. 1660
Re: Scenic Review Application for property known as Government
Lot 33, Pitkin County, Colorado
Ladies and Gentlemen,
We are counsel to Gov't 33 LLC, a Colorado limited liability company
( "Applicant "), and we write on Applicant's behalf.
We hereby confirm that Haas Land Planning, LLC and its principal, Mr.
Mitch Haas, and RGS Architecture and its principal, Mr- Robert Sinclair, are
authorized to represent Applicant in connection with the referenced application
and any incidental approvals associated therewith. They are also authorized to
represent Applicant in meetings with Pitkin County staff, the Hearing Officer, the
Planning and Zoning Commission and the Board of County Commissioners.
Please call, of course, if you have any questions concerning this matter.
Very truly yours,
MANSON & KARBANK
By: Neil k, P6
By: J,
--
cc: Mr. Warren Lichtenstein
Mr. Mitch Haas
,,ja14
4
RESOLUTION OF THE BOARD OF COUNTY COMMLSSIONERS OF
COLORADO, FINDING A TAKING AND REMEDIATING THE TAKING FOR THE
TDYIROTH LLLP PROPERTY (GOVERNMENT LOT 33)
Resolution No44-2005
RECITALS
I. Timroth LLLP ( "Applicant ") applied to the Pitkin County Hearing Officer ("Hearing Officer ")
for 1041 Hazard Review and Conceptual Submission approval to establish a building envelope to construct
a single - family residence and accessory structures.
2. The parcel is located above the Silverlode/Williams Ranch Subdivision on Lower Smuggler
Mountain at the top of Spruce Street; is referred to as Government Lot 33; and is more specifically
described in Exhibit A.
3. The parcel contains 1.581 acres, is a non - conforming size parcel in the AFR 10 zone district, and is
located outside of the Urban Growth Boundary.
Government Lot 33 existed prior to June 12,1978 and has not merged with any adjacent parcels.
4. The Hearing Officer denied the application at a duly noticed public hearing on October 19, 2004,
pursuant to Determination No. 25 -2004. The Hearing Officer found that the entire parcel is encumbered by
slopes in excess of 30%; where development is prohibited pursuant to Section 340- 050(C) of the Land Use
.Code ( "Code').
5. The Applicant submitted a request for a takings determination pursuant to Sections 3- 290, 4 -150
and 5 -220 of the Land Use Code on November 4, 2004 to determine whether the Hearing Officer's den ial
of the application constitutes a taking of private property without just compensation.
6. The BOCC considered the takings request at regular meetings on November 17 and December
15, 2004, at which time further evidence and testimony were presented with respect to the taking.
7: The BOCC determined that a taking had occurred pursuant to Sections 3 -290 and 4 -150 of the
Code, based on the following findings:
A. There are not any areas on the property that are not encumbered by slopes in excess of
30 %;
B. The proposed building envelope is the best possible location on the property for
development; and
C. The denial constitutes a taking of all reasonable use and economic return from the
subject property.
8. The BOCC considered the remediation at a regular meeting on January 12, 2005, at which time
the conditions of approval were accepted.
NOW, WHEREFORE, BE IT RESOLVED by the BOCC that the denial of the Timroth LLLP
1041 Hazard Review and Conceptual Submission constitutes a taking pursuant to Sections 3 -290 and 4-
150 of the Pitkin County Land Use Code.
III�III�INIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIII��II 5 069 g 08:47
UU���S R 0.00 0 0.00
Resolution NOO -2005
Page 2
BE IT FURTHER RESOLVED by the BOCC that it does hereby remediate the taking by
granting approval, subject to the following conditions, which shall run with the land and be binding on all
successors in interest:
1. The Applicant shall adhere to all material representations made in the application 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 any earthmoving, access, or building permit applications, the Applicant shall
submit a 1041 Hazard Review Site Plan that complies with the provisions of Section 5 -70 -040 of the
Land Use Code to the Community Development Department for approval and recording. The mylar
copy of the site plan must be signed by the owner prior to submittal for recording. The Applicant shall
amend the site plan submitted as part of the original application as follows, prior to submission for
recordation:
A. Add "Thnnoth LLLP" to the title.
B. Amend the signature block for the Board of County Commissioners instead of the Hearing Officer.
3. Prior to submission of any building permit applications, the Applicant shall submit an application and
gain approval for a Seen is Overlay Review, pursuant to Section 3 -60 -040 of the Land Use Code, once
plans for the proposed residence have been prepared. The application shall include a detailed
landscaping plan. The Applicant shall erect story poles to represent the height of the proposed
residence, prior to the hearing date for the scenic overlay review.
`4. Prior to issuance of any, building permit applications, the Applicant shall:
A. Provide documentation to the Environmental Health Department of an adequate quantity and
quality of water from the approved well. The well shall be located within the approved building
envelopes. As an alternative, the applicant may obtain water from the City of Aspen.
B. Pay the applicable road impact fee.
C. Name the owners of the properties below the building envelope (identified by Parcel
Identification Numbers 2737-074-00-045,2737-074-30-005,2737-074-30-006 and 2737- 074 -30-
007) as additional insured on their policy covering construction activity in the amount of the
value of the improvement on each property, if deemed necessary.by Community Development
staff and the County Attorney, given the findings of the engineer or geologist with regard to the
potential off -site impacts during construction:.
D. Execute an indemnification of the County in a form approved by the County Attorney.
E. Submit documentation to the Environmental Health Department that the -Aspen Consolidated
Sanitation District (ACSD) can serve the property. The Applicant shalt comply with ACSD
rules, regulations, and specifications.
F.. Provide a plan prepared and signed by a Professional Engineer or geologist to address mitigation of
the geologic hazards on and off -site during and post- construction, for review and approval by the
County Engineer, Chief Building Official and Community Development Department. The plan.
shall specifically include'an analysis of potential off -site hazards created by construction and
reasonable mitigation for those hazards.
G. Obtain an access/driveway permit for the driveway, which shall comply with all applicable County
access standards and shall be approved by the County Engineer, Fire Marshal and the.Community
Illlllilillllllllllllllllllllllllllllllllllllllllllllll ge: 2 f 8 :4,
00016 SILVIN DAVIS P17KIN 0 OUNTY CO R 0.00 D 0.00 - r
Resolution N041Z -2005
Page 3
Development Department. Obtain fireplacc/woodstove permits from the Community Development
Department, if necessary.
H. Submit a drainage and erosion control plan for review and approval by the County Engineer. The
plan shall address all construction activities and shall provide for erosion control for a minimum
of two years after the issuance of a Certificate of Occupancy, which shall include details on the
types of erosion control and the maintenance of those systems, and a detailed revegetation and
planting plan.
I. Submit a Construction Management Plan in accordance to the Asset Management Plan for
review and approval by the County Engineer. The Construction Management Plan shall indicate
that vehicles associated with construction (i.e. employee traffic, construction vehicles, staging
and deliveries) shall not violate County Law, such as parking on County rights -of -way.
5. If the Applicant proposes to use City water to serve the residence, then prior to issuance of a building
permit for the residence, the Applicant shall:
A. Provide written confirmation to the Community Development Department and the City of Aspen
Water Department from the North Spruce'Street Homeowners'Association and the Silverlode
Homeowners' Association that the water system infrastructure and pump station can
accommodate the increased capacity required to serve the residence; and then
B. Submit an application to the City of Aspen to amend the 1997 water service agreement for North
Spruce Street.
6. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Fencing outside of the building envelope shall comply with the wildlife compatible fencing
standards in the Land Use Code.
B. Dogs shall I be kenneled.
C. Native vegetation steal [be maintained outside of the building envelopes, except as necessary for the
utility extension. Safety fencing shall be erected duringconstruction to prevent inadvertent impacts
to native vegetation.
D. Install and use bear proof trash containers, as required by BOCC Ordinance No. 010 -2001.
7. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Within 20' of the residence, remove all brush (oak, serviceberry, chokecherry, sagebrush, etc.).
B. Beyond 20' and within 45' of the residence, oak brush shall be thinned to 5x the height of the
remaining plants, and remaining plants shall be limbed up to 10'. All sprouts and understory shrubs
shall be removed.
C. Beyond 45' and within 65' of the residence, bushes and shrubs shall be thinned to 3x the height of
the remaining plants.
D. 'A minimum of 10' spacing shall exist between tree crowns, except for aspen or cottonwood trees .
where ladder fuels have been removed.
E. All other vegetation within 30' ofthe residence shall be kept to less than 1' in height, with a few
scattered shrubs allowed beyond 25' from the residence.
F. All branches from trees and brush within 30' of the residence shall be pruned to a height of 10'
above the ground with removal of ladder fuels from around trees and brush.
G. All deadfall within 70 feet of the residence shall be removed.
506909
IIIINInIIINInINI I oil111 Pass: 3 5 a8:,�,
vUi;�17 00 3
Resolution Mo,g -2005
-Page-4
H. Remaining oak brush, serviceberry or chokecherry stumps shall be painted with Garton herbicide to
prevent resprouting.
1. Installed or native landscaping within 20' of the residence shall not contain any brushy or
coniferous species and shall be irrigated. Aspen trees may be planted, but not within 10' of the
residence and shall be limbed to 10'. No trees shall be planted within 15' of any window.
J. Shrubs shall be thinned to 3x the height of the remaining plants within 25' on both sides of the
driveway. Within 10' of the driveway, shrubs and conifers are not allowed and aspen are allowed.
K. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation
requirements.
L. These standards may be varied by staff in consultation with a wildfire when a landscape plan "
is submitted for review.
8. The Applicant shall comply with the following additional wildfire mitigation standards:
A. Roofs shall be constructed with a non - combustible roof covering on a Class A roof assembly as
defined in the International Building Code (IBC) Section 1505.2. 'Non - combustible materials
shall be one of the following: cement shingles or sheets; exposed concrete slab roof; ferrous or . .
copper shingles or sheets; slate shingles; clay or concrete roofing tile; or an approved roof "
covering of non - combustible material.. Wood shakelshingle roof coverings are prohibited. Roofs
with less than a 3:12 pitch are not permitted unless they comply with the following:
a) Alt roof coverings shall be noncombustible materials and installed on a Class A roof
assembly.
b) All roof coverings shall have a surface that shall facilitate the natural process of clearing
the roof.
c) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions
above the roofline, such as parapets, shall be prohibited.
d) Roofs shall be installed as required by the adopted building code and.shall have a
minimum slope of 1:48:
e) All roof designs, coverings; or equivalent assemblies shall be specifically approved by the .
Fire.Marshal prior to submittal of a building'permitapplication. "
B. Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. '
C. Roofs and gutters shall be kept clear of debris:
D. Yards shall be kept clear of al I litter, 'slash, and flammable debris:
E. All flammable materials and firewood /wood piles shall be stored on a parallel contour a minimum "
of 15 feet away from any structure.
F.. Swimming pools or ponds shall be accessible to Fire Department vehicles....'
G. Fences 'shall be kept clear of brush and debris.
H. Wood fences shall not connect to the structure:
• 1. .Fuel tanks shall be installed underground with an approved container.
J.` Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the
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. "
K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a
visible and accessible location. .
L. Addresses shall be clearly marked with 2 "inch non - combustible letters and shall be visible and
installed on a non - combustible post.'
M. Utility lines shall be buried.
506909
Page: 4 of 8
I
02/10 08 :471
SILV IIIIA DA IIIIII IIIIIIIIIIIIIIIIIII [illlflll111110. 0 D a 00
Resolution No4ft-1005
Page 5
9. .The Applicant shall submit alighting plan specifying the location, type and number of exterior fixtures
and demonstrating compliance with the County's lighting regulations, for review and approval by the
Community Development Department, prior to installation of exterior lighting fixtures.
10. No development, including grading, excavation, fill placement, berming, landscaping, vegetation
removal or disturbance, shall occur outside of the approved building envelopes. Exceptions to this
prohibition include utility extensions within a designated utility easement, required wildfire
mitigation, and plantings found to be necessary to mitigate geologic hazards, subject to a landscape
plan reviewed and approved by the Community Development Department
11. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water
consumption and additional runoff within one growing season of the project's completion.
12. The Applicant shall use exterior materials that "bland in" with the surrounding natural landscape. Non -
reflective exterior, roof and window materials shall be utilized.
13. The Applicant shal I comply with the codes and requirements of the Aspen Fire Protection District.
14. The total allowable floor area shall be limited to a maximum of 5,750 square feet of floor area, as
measured pursuant to the definition of "Floor Area" in effect at the time of building permit submittal.
The Applicant shall not be eligible to obtain additional floor area in excess of 5,750 square feet.
15. The Applicant shall comply with the following measures to mitigate geologic hazards:
A. Site specific soils testing shall be conducted prior to foundation design to ensure stability.
B. Excavations, including foundations, shall be adequately supported with or designed as retaining
walls, with appropriate drainage on the upslope side.
C. Cuts, fills and other excavations shall be minimized, steepening of existing slopes shall be avoided,
and all disturbed areas not covered by construction shall be graded so that they can be revegetated.
D. Final grading and landscaping shall prevent rolling rocks from striking the structure.
E. The first three feet of the structure that extends above grade shall be reinforced and openings in this
interval shall be limited.
F. Adequate mechanical support shall be provided for cut slopes.
G. Adding water, which may decrease slope stability, shall be avoided.
H. Adding weight to the top of the slope shall be avoided.
1. Confine, cut, fills, grading and excavation to the minimum area needed for construction.
16. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property.
17. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County ,
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 4 -140 and C.R.S., § 24-68 -105. The statutory vested rights granted herein shall expire on
January 12, 2008.
00019
APPROVED AND ADOPTED on the 12' day of January, 2005.
506909
page: 5 of a
liiiiiiiiiiiiiiiiiiiiilillifill 02/10/2005 08:471 DO R 0.00 0 0.00
.h,
I �fllll 1111111111 illp illli !111!1 IMI IIl i1►11 IIII 11u �'
SO4S 06/30/1997 Olt 35P DEED VIA DRVI i1-U)
45845 1 of 1 R 6.00 D 11.00 N 0.00 PMIN CLERK 3 RE �.
. ZNTSRCMMGE DEED .
(- THIS DEED, made this (v day of -2!i 19Q7, between the United States of
America, acting by and through, the Forest Service, Department of Agriculture,
hereinafter called Grantor, and Ajbea ;G.,:TimrotAr Donna; M ,Tioirot2i,. and,,
Grant:C. Timroth,.as tenants in common, of P.O. Box 89, Town of Aspen, State of
Colorado, hereinafter called Grantees:
WITNESSrMR The Grantor is authorized to ccnvey certain National Forest System
lands by the act of January 12, 1.983 (96 Stat. 2'5W-
16 U.S.C_ 521c)..
i
NOW TRSRSFORB, the Grantor, for and in consideration of land in Pitkin county,
Colorado containing 27.845 acres, 'more or less, the receipt whereof is hereby
i duly acknowledged, does hereby remise, release, and quitclaim unto the
Grantees,'its successors and assigns all it's right, title, and interest , in
and to the real property situated in the county of Pitkin, State of Colorado,
j described as follows-
Towashiv 10 South BIMCFe 64 West 6th P.m.
The East 1/2 of Lot 33, Section 7
Containing 0.785 acres, more or less.
i SUBJECT TO:
S
is
1. All easements and rights -of -way of record.:.
IN WITNESS WRSRSOF, -the Grantor by its duly authorised representative has.
executed this deed pursuant to the delegation of authority promulgated in Title
7 CFR 2.42 and 49 F.R. 34283, August 29, 1984.
STATE OF COLORADO )
COiQNZ7 OF GARFIELD ) .
UNITED STATES OF AMERICA
By:
DEN L. DEL VILLAR
Acting Forest Supervisor
White Riwer.National Forest
Forest Seadice' '
United States bepa=tment of Agriculture
•r• • rc v,,,. •' a b1n1
On this _ (_ day of TiedC 19lj, before ma,`�'�
I Notary Public in and for said State, with priacipal'offica in
Garfiel County, personally appeared Ben L. Del Villar, Acting Forest
Supervisor, White River National Forest; known to me to be the person xhose
name is subscribed to the within instrument,' and acknowledged that he executed
the same.
WITNESS ay hand and official seal the day aad.ysar first above written.
4-��
my commission expires
,j-j0021 .��U
1Al 2Z Notary Public ' t //►
- f
o°i
J
z;
i m
na..
m
W
W
K
K_1
Q
fl�
-o'
f.s
aQQQ
q3
v+11,Vv
INTERCHANGE DEED ..
THIS DEED, made this I � day of JIM t , 19g7, between the IInited States of
America, acting by and through the Forest• Service, Department of 'Agriculture,
hereinafter called Grantor, and Albert G. Timroth, Donna M. Timroth; and '-
Grant C. Timroth, as tenants in common, of P.O. Box B9, Town of Aspen, State of
Colorado, hereinafter called Grantees.
WITNESSETH: The Grantor is authorized to convey certain National. Forest System
lands'by the act of January 12, 1.983 (96 Stat. 2535; 16 U.S,C..521c ).. -
NOW THEREFORE; the Grantor, for and. in consideration of land irt'Pitkin. County,
_Colorado containing 27.845 acres, more or less, the receipt whereof is hereby
duly acknowledged, does hereby remise, release, - and quitclaim unto the
Grantees, its successors and assigns all it's right, title;` and in in
and to the real property situated in the County of Pitkin, State of Colorado,
described•as follows .-.
Township 10 South Ranee 84 West 6th Y M
The West 1/2 of -Lot 33; Section-7
.Containing 0.785 acres, more or less.
SUBJECT TO:
1. All easements and rights -of -way of record.
IN WITNESS WHEREOF, the Grantor by its duly authorized -representative has
executed this deed pursuant to the delegation of authority promulgated in'Title
7 CFR 2.'42 and 49 F.R. 34283, August 29, 1984.
STATE OF COLORADO
UNITED �STATES OF MMRICA'
- BEN L. DEL VILLAR .
Acting Forest Supervisor ..
White'River *National- Forest
Forest Service
United States Department of'Agritculture.
ACKNOWLEDGEMENT OF INDIViEDUAIL
)
m�
0) tip'
0)
m
LO a m
i
i
0
e
wi
a�
•m
.. COUNTY OF GARFIELD
2 On this %!_ ': day of ;-J 4W r , 1911 before -me' ? ,&/
l�eo Gr , a Notary Public in and for said State; wAh principal office_ in
Garfield County, personally appeared Ben L. Del Villar; Acting Forest
'Supervisor, White River National Forest, known to me to be the person-whose
name is :subscribed to the within instrument, and acknowledged that he executed
the same.
WITNESS my. hand and official seal the, day and year 'first above written.
U -022.
My commission expires 4 1
Notary ublic Dat "
s
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY,
COLORADO, APPROVING AN EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR
TElMOTH LLLP
Resolution No. m'iY -2005
RECITALS
I . Timroth LLLP ( "Applicant ") has applied to the Pitkin County Board of County Commissioners
( "BOCC") to consider a 15 year Extension of Vested Real Property Rights pursuant to Section 4 -140-
30 of the Land Use Code ( "Code ").
2. The parcel is located above the Silverlode /Williams Ranch Subdivision on Lower Smuggler Mountain
at the top of Spruce Street; is referred to as Government Lot 33; and is more specifically described in
Exhibit A.
3. The parcel contains 1.581 acres, is a non- conforming size parcel in the AFR -10 zone district, and is
located outside of the Urban Growth Boundary.
4. Government Lot 33 existed prior to June 12, 1978 and has not merged with any adjacent parcels.
The Applicant acquired the parcel in 1997 through a land exchange with the US Forest Service.
5. The Hearing Officer denied the 1041 hazard review and conceptual submission, pursuant to
m
Determination No. 25 -2004. The BOCC found the denial to be a taking, and remediated the taking
o
pursuant to Resolution No. 006 -2005. A 3 year vested right was granted with the approval.
N `o m m
6. The BOCC heard this application at a duly noticed public hearing on April 13, 2005 at which time
qr so
®; N
evidence and testimony were presented with respect to this application.
Lr) a
7. The BOCC finds that 7 year extension of vested rights is* appropriate, given the Applicant's
0
m
'moo
commitment to limit house size.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby approve an Extension of Vested Property Rights for Timroth LLLP. Statutory vested
rights for the approval granted pursuant to Resolution No. 006 -2005 are granted pursuant to the Pitkin
County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land
12
Use Code, § 4 -140 and C.R.S., § 24-68 -105. The statutory vested rights granted herein shall expire on
8
April 13, 2012.
Z
Y
r
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 136i day of March,
2005.
N
APPROVED AND ADOPTED on the 13 "' day of April, 2005.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asnen
Times Weekly on the /.7a'day of 2005.
50965
SIIIIII IIIIIIIIIIIVIII IIIIIIVIII VIII III VIII IIII III O 00et . eeF
UuGJ23
Resolution No. j!�W-2005
Page 2
APPROVED AS TO FORM:
John Ely
Coti omey-
Case #P033 -05
PID# 273707100040
X10024
BOARD OF COUNTY COMMISSIONERS
OF KIN COUNTY, COLORADO
Patti Kay-ClapWier
Chair
Date: 0.5 -03.05
APPROVED AS TO CONTENT:
Y4 0u
Ci y en,
Community Development Director
111111 111111111111111111111111111111111111111111111111� 0 9 0.06
.09:511
IIIIIIIIIIIfIIIIIIIIIIIIIIIIIIIIIIIIIIIIl111111i 11 IIII 0 � /20 5 01:00P
SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00
11111! IIIII.1111111111111lN IlIIlI rldl IIIi1111 IIII
ANS45 05/30/1997 01:35P DEED R DRVr' �,1.�
I of -1 R 6.00 D 11.00 N 0.00 FWVIrN CLERK R RE
INTERCEAWGS DIED ' THIS DEED, made this L4-day of.7`iiN> ', 19Q7, between the United States -of .
America, acting by and througii the Forest.'Service, Department of Agriculture,
hereinafter called- Grantor, and A44oest`-- Qt- :Timrot-h; Ddaane- M;•:Tiinsot1U- and..
Grant ;•C. Timroth,'as tenants ia'OO=k t, of P.O. Box 89, Town of Aspen, State of
Colorado, - hereinafter called Grantees:
WITNSSSL'17ie The Grantor is authorised to convey certain National Forest System
lands by the act of January 12, 1983 (96'Stat. 2535; 16 U.S.C: S21c).'
NOW TBBRBFOR$y the Grantor, for and in coaUideraticn of land. InPitkin County,
f Colorado containing 27.845 acres,'aaore or less, the receipt whereof -is hereby
( duly ac)mowledged,' does hereby remise, release, and. quitclaim unto the
Graatees,'its successors and assigns all it's right,'title, and interest in
F. afid tc the real property situated in the County of piticin, State. of- Colorado,
I described as follows::
7bwnsbin j 0 South.. &sUcr .84 vest e«", e' x
y The Bast x/2 of Lot 33, Section 7 - -
Containing 0.785 acres, more or less. -
14 SvaJBcr TO: .
—i�
1. All easements and rights -of -way of record. r.•
IN WITNESS WHEREOF, .the Grantor by it6'du1y authorized repreeeatatiroe has
%%ant to the delegation of authority promulgated in
34283, August 29, 1984. '
STATE OF COLORADO
awn= OF GARPIBLD
UNITED STATES DP A!ffiRICA
I
Bye
SBN L. ZXL VILLAR --
Acting Forest Supervisor
Whits Rives Natioaai Forest
.. ' FbreMt' Sdsvica'
'ba .
ited 'States ;iepeftdieat of Agriculture
A0mowLEDGBm''OF INDIVIDUAL '
)
m
m
am
CV w N
O 9
(D M
M M
pe
U-5;
0
s
�o
aka -
�w
On thi s _% day of • J�.r/2 19jZ "before ma, _�Y� Ad/ 6
a Notary 'Putilic in and for •said State, w?th principal off m ��
Garfiel County, personally appeared Ben p- Dal Villar, Acting Forest
Supervisor, White River National Forest; )mown 'to me to be the person 'V_ ho, w
name is subscribed -to the within instrument, " and acknowledged that he executed
the same.
WITNESS my hand and official seal the day end. yea, first above written.
My cc!vaission expires 9
' Notary public - - _(/
-^I-
N
vNmm
4N a0�e
0 Me\y93
T q N
Ln a m
$
g
�a
J
e
r
� i�mpp
vl}
i
I�
A�
C ,
rNTERC�nxGI nEED �.
%P f, LILT
THIS DEED; made this {� day of .TuN� ' 19g7, between the United States of
America, acting by and through the Forest Service, Department of 'Agriculture,
hereinafter called. Grantor, and Albert G. Timroth, Doan& M. Tisnroth; and '
Grant C. Ti.mroth, &a tenants in, common, of P•.O. Box 89, Town of Aspen, State of
Colorado, hereinafter called Grantees.
WMESSETH: The Grantor is authorised to convey certain National. Forest System
lands' by the act of January 12, 1983 (96 Stat. 2535; 16 U.S.C. .521c).. '
NOW THEREFOR&: the Grantor, for and. in c6nsideration of Iona in 'Hitki:a County,
Colorado containing 27,845 acres,,miore or leas', the receipt xhereof is hereby
duly, acknowledged, does hereby remise, release,'and quitclaims unto the
Grantees,' its.succesacra and assigns all it's right, title;' and interest ,'fa
and to the real property mituated in the County of Pitkin, State of Colorado,
described•as follows:. -
T6wnship to South Ranqgt at Ne9j, ftb p N
The West 1/2 of'Lot 33; S action- 7
Containing b.785 acres, pore gr'leos.' .
SUBJECT TO:
?. All easements and rights -of -way of record. '
m
m
m
a
Oil
a
I N
amm
(ywmm
ct Om m
0 TNQ
r rnN
)d)
m
I
Z
U
n
IN wr11¢ISS WHEREOF, the Grantor by ite'duly authorised sepreeeatntive has �
executed this deed pursuant to the delegation of authority promulgated in Title I Q
'7 CPR 2:32 and 49 F.K. 34283', August 29, 1984. . ) ��
� M
� N
.�a
6 m
'� L4 wNm
LO
py a0°
x
.tn„ Lf)
m
i
}
U
z
d
>
V �
UNITED STATES OF 11b=CA . •
BIN L. DEL V7!X nv .
Acting Forest Supervisor ..
White River National.- Forest
Forest Sdrvi.oe '
United States Aepaxtmeat of-Agriciiture
STATE OF COLOPJ1no )
Comm OF GARFIEW )
On this day of Jam_, 3.91,-f m
before'e;
a; Notary Public in and for said State; wi pzincigal office in
Gazficld County, peraonally appeared Ben Z. Dcl Villas, Acting Forest
'Supervisor, White River. National Forest, known to me to be the person. whose
' 'name is.subscribed to th) within instrument, and acknowledged that he executed
some.
the se. .
WITNESS my han2f and official Baal the day'and year first above 'written.
c mm
tty cai ssiou ex j pires S •'
• Notary PuhliC na .
PROPERTY OWNERS WITHIN 300 FEET
PITKIN COUNTY
530 E MAIN ST #302
ASPEN, CO 81611
AUSTIN AND GEORGE ANNA GLEASON
3918 SUNSET
SHREVEPORT, LA 71109
PORATH FAMILY TRUST
12400 WILSHIRE BLVD, SUITE 1450
LOS ANGELES, CA 90025
SMUGGLER C LLC
C/O MANSON & KARBANK
604 W MAIN
ASPEN, CO 81611
MCCALLUM WILLIAM T & YVONNE
8100 E UNION AV # 2404
DENVER, CO 80237
LICHTENSTEIN WARREN G & DIANE
1 ORCHARD RD
GREAT NECK, NY 11021
LEWIS THOMAS E
1850 SE 17TH ST CAUSEWAY, STE 305
FT LAUDERDALE, FL 33316
LAWRENCE FAMILY TRUST
C/O FRANK LAWRENCE AS TRUSTEE
1224 PROSPECT ST #130
LA JOLLA, CA 92037
DALBA BRUCE R & ELIZABETH A
10 MAPLE HILL
GLENCOE, IL 60022
SUTHERLIN-MARTIN LTD
3616 MAPLEWOOD AVE
DALLAS, TX 75205
0liG,027
c
c
C
-O
N
W
a
9�
A
!a
r
F1'
'O
'p
n
t+l
r
m
'D
0
O
N
qqYe
R�
r
0
0
m4$4>
oin `nZ
xm m
z�
mm o
In 6E
Fgi �
f
�c
ir
bbiTT.Q.��] :
g Y� f0°
f3: N
Y9 0
ag
tw2-
Ubbks'
6y m
v
m
z
e
R
o�
v _
�
Am
W
- m
i <
- n m
_ m
ammi
_ A
N
z
n
'O
'p
n
t+l
r
m
'D
0
O
N
qqYe
R�
r
0
0
m4$4>
oin `nZ
xm m
z�
mm o
In 6E
Fgi �
f
x
INN
ir
bbiTT.Q.��] :
g Y� f0°
6 RgGFR A
ag
tw2-
Ubbks'
~£
e
R
Y
v _
�
Am
W
4'
°j.T
j-
Y -
x
.ry�jar
rye
y
r
r
f
®'
e i
M
po
z
°s r
w
w
°s
x
N
A
e
b
r
a
z
€g
q
ag
'
.ry�jar
rye
y
r
r
f
®'
e i
M
po
z
°s r
w
w
°s
x
N
A
e
b
r
a
z
Y " FoES
q
'
Ubbks'
m
Y
v _
�
W
O
O
C
U
0
I
I
9
ig
I �-----------------------
PRIVATE RESIDENCE
q
GOVT LOT 33,SPRUCESTREET
ASPEN, COLORADO 81611 a € Mq
E
E
•
i•J
i
I C
�
i g
-7
1
I
1
- �
I.
1
L
I �' � � a
n
;
N \A ➢
93
PRIVATE RESIDENCE
q
GOVT LOT 33,SPRUCESTREET
ASPEN, COLORADO 81611 a € Mq
E
E
•
i•J
C=)
C)
C=;
c:)
w
c:)
PRIVATE RESIDENCE
GOVT LOT 33, SPRUCE SrR-EEr
ASPEN, COLORADO 816H
a RAJ
gill 11s ail
E
0
0
E
RR
s 4g fill
1w, 0
Mal., III WOM
> IM
M/
ME
M
, W1/
w-
0
- R rzo
PRIVATE RESIDENCE
GOVT LOT 33, SPRUCE SrR-EEr
ASPEN, COLORADO 816H
a RAJ
gill 11s ail
E
0
0
E
EXHIBIT
n
s
a'
0
4
3
I
a
N�
3�u
e z
� o
nn
• o
9
9
O
3
O
ro
a
a
y�
c
1
s..
s
9
O
3
O
ro
a
a
y�
c
�
s
}
.emu
Joanna Schaffner
From: Georgie Gleason [ggleas @comcast.net]
Sent: Monday, February 06, 2012 1:27 PM
To: Joanna Schaffner
Subject: Case 03 -2012
Joanna,
We have received the notice for Variances for Govt 33, LLC.
I am not sure that I understand how they can ask for a variances when the geological study
is strictly based on the information furnished in the plans. As I understand it , the
final plans have not been submitted.
Please keep me advised.
Georgie Gleason
Email secured by Check Point
iiUGO34 1
00
Joanna Schaffner
From: Georgie Gleason [ggleas @comcast.net]
Sent: Monday, February 06, 2012 1'30 PM
To: Joanna Schaffner
Subject: Fwd: Spruce Street Parking
Joanna,
I am forwarding this message set to Catherine in July 2010, for your review.
GG
Begin forwarded message:
From: Georgie Gleason <ggleas @comcast.net>
Date: July 22, 2010 9:54:06 AM MDT
To: ioanna.schaffner @co.pitkin.co.us
Subject: Fwd: Spruce Street Parking
Begin forwarded message:
From: Georgie Gleason <ggleas Dcomcast.net>
Date: July 9, 2010 11:17:03 AM CDT
To: YmccallumCa_�msn.com
Subject: Fwd: Spruce Street Parking
Begin forwarded message:
��A 5
0
From: Georgie Gleason <g Ig eas@comcast.net>
Date: July 9, 2010 11:09:09 AM CDT
To: Catherine Berg <Catherine.BergL@ o.pitkin.co.us>
Cc: Carrington Brown
<Carri ngton. Brown(a)co. pitkin. co. us >,
Carianne. Bolcom b @co.pitkin.co.us
Subject: Re: Spruce Street Parking
Catherine,
Thanks so much for meeting with us.
We went back up to the area directly above us and took pictures. It is
very obvious that allowing all those building supplies and
unsightly "junk" to remain for three "3" years is in violation. Much of it
sits precariously perched directly above our house and is inviting a
disaster. I would like to know how it was allowed that the large drainage
pipe empties on to my property, effecting my landscape. The fencing is
remarkably inadequate . It does not even begin to give us any protection.
We have noticed and photographed a lot of drainage changes that have
taken place in the last 3 -4 years at entry to the front door of our home.
Pagel of 3
We believe that ii`ts"due to the changes in run off caused lYy fhe cutting
into the hill above us.
We are extremely concerned.
We have allowed the construction to take place above us for five 'S" years
without interfering. We believe that that anyone has the right to fulfill
their dreams. Unfortunately the building above us has kept us from
fulfilling ours.
We bought our property with the intention and necessity to place in the
rental program. Because of the constant flow of large utility trucks, noise,
unsightly environment and limited or no access to our home we have had
few rentals. Most people do not want to spend their limited time in the
mountains exposed to such unpleasantness. We understand
completely as we have limited time to spend there as well.
My husband is a heart patient and had required that a ambulance transport
him to the hospital. There have been many times that construction
vehicles have blocked our driveway prevention our cars from getting out
or anything getting to us. We have been very uncomfortable in that
situation. It causes us much anxiety.
Now we have learned that a new permit for building directly above is
imminent We feel that we are justified in expressing ours fears and
concerns.
We have been in the area and paid taxes for forty "40" years. It seems
only that we should have the respect that we have shown.
Thank you for attention,
Austin and Georgie Gleason
On Jul 2, 2010, at 1:06 PM, Catherine Berg wrote:
Austin and Georgie,
Thank you for meeting with me today. Feel free to contact me at
any point in the future.
Thanks,
Catherine Berg
Planning Engineer
Pitkin County Community Development
City Hall. 130 South Galena Street.
Aspen, CO 81611
tele. 9701429.2790
cell. 9701379 -8468
fax. 9701920.5439
Catherine Berg @co pitkin.co.us
www.aspenpitkin.com
OuUJ36
2/7/2012
Page 2 of 3
Joanna Schaffner
From: Joanna Schaffner
Sent: Tuesday, February 07, 2012 4:30 PM
To: 'Georgie Gleason'
Cc: Joanna Schaffner
Subject: RE: Case 03 -2012
Hi,
I do not understand your question. There are plans for a proposed house which is
sufficient for a variance from the Board of Adjustment. The applicant has not yet
submitted a building permit application.
Perhaps you are confusing the requirements of the County BoA with the City's BoA. In the
City, I believe you have to apply for and be denied a building permit before you can make
an application to the Board of Adjustment. In the County, you do not. Does this help ? ??
Our meeting is tonight at 5:30pm in the Courthouse. You're welcome to join us.
Joanna S. Schaffner
County Zoning Officer
130 South Galena Street
Aspen, CO 81611
(970) 920 -5105
- - - -- Original Message---- -
From: Georgie Gleason [mailto:ggleas @comcast.net]
Sent: Monday, February 06, 2012 1:27 PM
To: Joanna Schaffner
Subject: Case 03 -2012
Joanna,
We have received the notice for Variances for Govt 33, LLC.
I am not sure that I understand how they can ask for a variances when the geological study
is strictly based on the information furnished in the plans. As I understand it , the
final plans have not been submitted.
Please keep me advised.
Georgie Gleason
Email secured by Check Point
`$.i U, � �
1
PUBLIC NOTICE
RE: Front and Rear Yard Setback Variances for
Govt 33, LLC
Spruce Street, Aspen
(Case 03 -2012)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 7, 2012,
to begin at 5:30pm, or as soon thereafter as the conduct of business allows, in the
Commissioner's Meeting Room in the Courthouse, 506 East Main Street, Aspen, before the
Pitkin County Board of Adjustment, to consider an application submitted by Govt 33, LLC, c/o
Haas Land Planning 201 N. Mill Street, Ste. 108, Aspen, CO 81611. The applicant is requesting
25 foot Front and Rear Yard Setback variances where 30 feet and 30 feet is required on this 1.58
acre parcel in the TR -2 zone district to construct a new single - family residence and related
improvements. The State Parcel Identification Number for this property is 2737 - 071 -00 -040.
For further information contact Joanna Schaffner at the Pitkin Community Development
Department, (970) 920 -5105.
Pitkin County Board of Adjustment
Published in The Aspen Times on January 26, 2012
Pitkin County Account No. 002.02
OUGA8
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2 -20 -100
I 1 I 1 l i m mr5 , being or representing an
Applicant to the Pitkin Countj Development Department, personally certify that I have complied with
the public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations
in the following manner:
B m of notice, a copy of which is attached hereto, by first - class, postage prepaid U.S. Mail at
s prior to the public hearing to all owners of property within 300' to the subject property,
�y
as indicated on the attach d list, on the ay of �Iq, 20124which is _S days prior to the
public hearing date of rl {" . The names and addresses of the adjacent property owners shall be
those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the
public hearing.
2. By mailing of notice, a copy of which is attached hereto, by first - class, postage prepaid U.S. Mail at
Ileast 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject
property, as indicated on the attached list, on the day of , 201 (which is _ days prior
to the public hearing date of ). The names and addresses of the mineral estate owners shall
be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to
the public hearing.
3. By posting a sign in a Wspicuous place on the subject property (as it could be seen from the nearest
public way) on the day of _ W;uNRY , 201 which is at least fifteen (15) days prior to the
public hearing. A photograph of the posted sign is attached �ereto.
MWCA i 0A e of �'r33, LLC
Applicant's name Signature
(Attach photograph here)
CHRISTINE
SOSONKO
�: l�utiairl�s >ti?;nSfirQi,41aE6davit
UUUJ39
Signed before me this 444' day of Ff.10,
2012by 1
ml+r�l
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: 04 12S I2o15
.410 R
Y CJAVACkiw, S0S040
W Notary `Public
07r"15 Q C.aS Vp
Notary Public's Signature
I_
PUBLIC NOTICE
RE: Front and Rear Yard Setback Variances for
Govt 33, LLC
Spruce Street, Aspen
(Case 03 -2012)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 7, 2012,
to begin at 5:30pm, or as soon thereafter as the conduct of business allows, in the
Commissioner's Meeting Room in the Courthouse, 506 East Main Street, Aspen, before the
Pitkin County Board of Adjustment, to consider an application submitted by Govt 33, LLC, c/o
Haas Land Planning 201 N. Mill Street, Ste. 108, Aspen, CO 81611. The applicant is requesting
25 foot Front and Rear Yard Setback variances where 30 feet and 30 feet are required on this
1.58 acre parcel in the TR -2 zone district to construct a new single - family residence and related
improvements. The State Parcel Identification Number for this property is 2737 - 071 -00 -040.
For further information contact Joanna Schaffner at the Pitkin Community Development
Department, (970) 920 -5105.
Pitkin County Board of Adjustment
Published in The Aspen Times on January 26, 2012
Pitkin County Account No. 002.02
0uu040
PROPERTY OWNERS WITHIN 300 FEET
PITKIN COUNTY
530 E MAIN ST #302
ASPEN, CO 81611
AUSTIN AND GEORGE ANNA GLEASON
3918 SUNSET
SHREVEPORT, LA 71109
PORATH FAMILY TRUST
12400 WILSHIRE BLVD, SUITE 1450
LOS ANGELES, CA 90025
SMUGGLER C LLC
C/O MANSON & KARBANK
604 W MAIN
ASPEN, CO 81611
MCCALLUM WILLIAM T & YVONNE
8100E UNION AV # 2404
DENVER, CO 80237
LICHTENSTEIN WARREN G & DIANE
1 ORCHARD RD
GREAT NECK, NY 11021
LEWIS THOMAS E
1850 SE 17TH ST CAUSEWAY, STE 305
FT LAUDERDALE, FL 33316
LAWRENCE FAMILY TRUST
C/O FRANK LAWRENCE AS TRUSTEE
1224 PROSPECT ST #130
LA JOLLA, CA 92037
DALBA BRUCE R & ELIZA13ETH A
10 MAPLE HILL
GLENCOE, IL 60022
SUTHERLIN -MARTIN LTD
3616 MAPLEWOOD AVE
DALLAS, TX 75205
JWJ41
E-7: IT
-
. I
PUBLIC NOTICE
I
DATE ltl -hLM7_rX_
PLACE LOL
a
A
In
AGENDA
PITKIN COUNTY BOARD OF ADJUSTMENT
February 7, 2012
5:30 P.M.
Commissioner's Meeting Room
NEW BUSINESS:
03 -2012 Govt 33, LLC
Spruce Street, Aspen
Request: The applicant requests 25 foot Front and Rear Yard setback variances where 30 feet and 30 feet
is required to construct a single - family residence and related improvements. The parcel contains 1.58 acres
and is zoned TR -2.
The applicant is claiming a "peculiar practical difficulty" as the hardship for this request.
Staff Comments:
Section 5 -20 -40 of the Pitkin County Land Use Code, "Measurements of Yard Setbacks ", states: "If there
is uncertainty as to which yard is the front yard for a parcel then the front yard shall be designated as the
one from which access is taken, or if access is taken from more than one adjacent road, then the
Community Development Director shall determine which yard is the front yard for zoning purposes, based
on which is the predominant access road and which designation will minimize adverse impacts on
surrounding properties."
Based on this language, Staff believes it is correct in its interpretation of Front Yard as it concerns this
parcel. Staff does not have the administrative ability to change the determination of Front Yard based on
the orientation of the house, the topography of the site, or any other criteria.
And as an aside, the required side yard setback for this parcel is 20 feet, so variances would have been
needed regardless of the Yard interpretation.
MINUTES:
Minutes from the January 3, 2012 meeting.
PLEASE CONTACT JOANNA AT 920 -5105
TO CONFIRM YOUR ATTENDANCE
JUULJ43
PITKIN Ck..4TY COMMUNITY DEVELO.,,,oENT
Permit Receipt
RECEIPT NUMBER 00031864
Name: Haas Land Planning LLC Date:1/4/2012
Project Address: SPRUCE ST
Type: check # 3259
Permit Number
0003 2012.PBOA
uuUU44
Fee Description
Amount
PP- Board of Adjustment Fee 648.00
Total: 648.00
'I'A390
P A R, C 1, 1. E
LROAL 04$CRIPTION
0OVERNMENT LOT 33
A uAcT of' ' , LANNS %,ugakj IN rm OFFICE OF THE M150K ANO 4 co"ISED
OOUNTY I
OF THE st 1, ft�0 TON NOMOORS 405054 ANO $014 UAT I
1/4, OF THP NO 1/4 AM 1/4 OF 11,40
00i TH $T Of POINCIPA
ot 0;0(y RANO 44 Wt
NTY OVPITAIN SAT O, s ,OORADO 601 NO MORE PANT ICUARLY WACRIkE
OVOINNING OF AT : THE C-V,� 1/14) CONNeR OF SAID 5ECTION 7 01W SA
—01,
S-01,
S'AH060 $
THEN N 4jQQO'50'W
TI, 'N N 4t] 45' 31E
1TH N S 44'10614"V
TH NM 411,31V.P
T14 le 6 4401 Wi
T
10
T 4 41
4 3 34' E
CONTA I N I M$ 1,541 Al
1715, 10 FEETF
575,43 PEET-
1 4"
44
.4 rot TO T145 POINT 0,0 49,01,NNINQ,
BQAAV of COUNTY c0�"Ml4$jQvxA$
THIS I"IMROT �M,,T� 1041 1 1 fA ot
10V law ANj Aj%0ftVjQVK ( 0 C
H 20,11, 11 1 c T4
Roe, Rosa i I r-,— rr , � - -L"'
4XV1,11, w Am , WAaxl
a.
m
CWAAWEE
ACCAPTA"al Pon Racaftalma
THIS 1041 HAZARD REVIEW MAO 11 AVI'1140
-,,.I I, Irvwmv
STt VM MMS �i4 aT a �COUN (�o R ll,00
AS) f
? I TK IN
)TIllm T OF
M f6Y (W
3j
M,TAREO OY
OUTH GAUM�s %,TRpEj,
.RA DQ 4 1,611
ASPRN, C01
PH(ME/FAX
DATE