HomeMy WebLinkAboutpitkin.planning.264327400006 (2013)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 andlor P &Z
Ordinance for the BOCC and /or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x1')
Parcel ID: 2643- 27 -4 -00 -006 Application Date: 5/13/13
Description: Schlosser Activity Envelope, Site Plan Review, and Special Review for a TDR
Receiver Site for Additional Floor Area
Project Address: 1990 MCLAIN FLATS RD, ASPEN, C081611
Property Owner: SCHLOSSER Address. 1309 ELTON LN
STIN TX 78703
Owner's REP: RICK NEILEY
REP's Email: aspenlaw @neileyalder.com
Referrals: EH & NR REFERRAL
FIRE DEPT - ASPEN
ALL OTHER REFERRALS
Comments Due Date: 06/14/2013
Meetings: 1st Meeting:
Meeting Date: p7/16/2013
Review Body: ho
Public Hearing? yes
Notice Date: 06/13/2013
Meeting Notes:
Approvals:
BOCC Resolution #:
BOCC Ordinance #:
Admin Determination #:
Other Information:
VR Approval Date: 07/16/2013
VR Expires Date: 07/16/2016
Remarks.
Application Type: Activity Envelope
Site Plan
TDR Review
AU
Address: 201 NORTH MILL ST, 201
ASPEN, CO 81611
case No: ru4w -,o
Planner: Mike Kraemer
# Copies: 2
Allocated Hours: 15
% Over Hours: 18
Owner Phone:
REP's Phone: (970) 925 -9393
Other Referrals. White Horse Springs HOA none
2nd Meeting:
3rd Meeting:
P &Z Determination #:
HO Determination #: 006 - 2013 #603155
Plat Recorded Date: 09/15/2013
Plat (Bk, PG) B104 P37 #603159
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DOC CODE: DEED RESTRICT
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Janice K. Vos Caudill, Pitkin County, CO
RESTRICTIVE COVENANT
FOR THE USE OF AND AGREEMENT FOR
AGRICULTURAL BUILDINGS
THIS RESTRICTIVE COVENANT ("Restrictive Covenant") is made and entered into
this 4th day of April, 2020 by Bradley and Kimberly Schlosser ("Grantor" or "Owner"),
concerning the property known as 1990 McLain Flats Road, Aspen, CO 81611 (State Parcel ID#
264327400006) located in Pitkin County, for the benefit of the Pitkin County Board of County
Commissioners ("County").
WITNESSETH
WBEREAS, Grantor owns the real property described as Lot 1, Block 19, White Horse
Springs Subdivision ("Property"), which Property vvill contain two agricultural stractures'as
allowed pursuant to Sec. 5-20-70 of the Pitkin County Land Use Code. The agricultural
structures include a 100 sq ft hay shed as permitted in Permit 0042.2020.pbld, and a 312 sq ft
horse barn as permitted in Building Permit 0041.2020.pbld, and both will be located as shown on
the attached site plan (Exhibit "A").
This floor area shall be exempt fiom Floor Area and Growth Management calculations as
allowed pursuant to Ordinance 11-2011. For the purposes of this Restrictive Covenant, the
approved agricultural buildings and all appurtenances and fixtures associated therewith shall
hereinafter be referred to as the "Agricultural Building"; and
WHEREAS, this Restrictive Covenant imposes certain covenants upon the Property that
restrict the Use of the Agricultural Building, as more particularly set forth herein.
NOW, THE, for and in consideration of the covenants, terms, conditions, and
restrictions hereinafter set forth and for other good and valuable consideration, the receipt and
sufficiency are hereby acknowledged, Grantor does hereby grant and convey to the County, -
forever and in perpetuity, an interest in the Property, for and in consideration of the recitals and
mutual covenants, terms, conditions and restrictions contained herein:
1. Restrictive Covenant pertaining to Use of the Property. The Use of the
Agricultural Building shall henceforth be limited to a Barn, used only for the shelter or enclosure
of livestock, feed, or field equipment, or otherwise used in support of an on-site agricultural
operation. An indoor riding arena shall notbe considered a barn.
2. Covenant running with the land: binding effect. The provisions of this
Restrictive Covenant shall constitute a covenant that runs with the title to the Property as a
burden thereon for the benefit of the County, its successors and assigns and shall be deemed an
appurtenance to the title to such land.
3. Permitted Uses and activities. As owners of the Property, the Grantor retains
the right to perform any act consistent with the Land Use Code to the extent such act is not
prohibited or limited by the requirements of this Restrictive Covenant. These ownership rights
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include, but are not limited to, the right to exclude any member of the public trespassing on the
Property and the right to sell, lease, or otherwise transfer the Property to anyone Grantor
chooses. Nothing herein shall be construed to be an approval by Grantee under the Land Use
Code for any purpose.
4. Enforcement and Inspection. This Restrictive Covenant and its terms and
representations shall be fully enforceable by the County, its successors, assigns and agents in any
action at law or equity or both, to secure compliance, including but not limited to, seeking
injunctive relief and/or specific performance requiring the Grantor, its successors or assigns to
cease and desist all activity in violation of the terms of this Restrictive Covenant and to return
the Property to its condition prior to any violation. Moreover, the County and its successors,
assigns and agents shall be permitted access to, and to enter upon, the Property at reasonable
times upon at least 48 hours advance notice to the Grantor or Grantor's representative, solely for
the purpose of monitoring, inspection, and if necessary, remediation of the Agricultural Building
in order to enforce and assure compliance with the terms and conditions of this Restrictive
Covenant.
5. Costs and liabilities. Grantor retains all responsibilities and shall bear all costs
and liabilities of any kind related to ownership, operation, upkeep, taxes and maintenance of the
Property, including but not limited to, costs associated with compliance with this Restrictive
Covenant. The County's acceptance of this Restrictive Covenant shall in no way be construed as
an assumption of any duties or liabilities associated with the Property and Grantor acknowledges
that by this Restrictive Covenant, Grantor continues to retain responsibility for any and all duties
and liabilities associated with the Property.
G. Subordination. At the time of the conveyance of this Restrictive Covenant, the
Grantor represents that the Property is not subject to any mortgage, deed of trust, or judgment
lien, or any other instrument that might result in a foreclosure action that could affect the
viability of this Restrictive Covenant.
7. Incorporation of the Land Use Code. The Land Use Code, as may be amended
from time to time, and any terms or definitions contained therein, are hereby incorporated by this
reference in their entirety.
8. Modification. The terms of this Restrictive Covenant can only be modified by an
amended covenant executed by both Grantor and County and recorded in the records of the Clerk
and Recorder for Pitkin County, Colorado.
9. Venue and jurisdiction. Grantor and the County consent to venue and
jurisdiction in the District Court for Pitkin County, Colorado for all matters concerning the
interpretation and enforcement of this Restrictive Covenant.
10. Attorneys fees and costs. In the event of any action or suit between the parties
hereto or their successors and assigns to enforce any of the agreements, covenants or restrictions
contained herein, the substantially prevailing party in any such action or suit, whether by final
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judgment or out of court settlement, shall recover from the other party all costs and expenses of
such action or suit including reasonable attorneys fees.
11. Section headings. Paragraph or section headings within this Restrictive
Covenant are inserted solely for convenience of reference, and are not intended to, and shall not
govern, limit or aid in the construction of any terms or provisions contained herein.
12. Further actions. The parties to this Restrictive Covenant agree to execute such
further documents and take such further actions as may be reasonably required to carry out the
provisions and intent of this Restrictive Covenant or any agreement or document relating hereto
or entered into in connection herewith.
13. Notices. Any notice required or permitted under this Agreement shall be in
writing and shall be provided by electronic delivery to the e-mail addresses set forth below and
by one of the following methods 1) hand -delivery or 2) registered or certified mail, postage pre-
paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may
change the address to which future notices should be sent. Electronic delivery of notices shall be
considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing
contained herein shall be construed to preclude personal service of any notice in the manner
prescribed for personal service of a summons or other legal process.
To Grantor:
Bradley and Kimberly Schlosser
PO Box 9768
Aspen, CO 81612
To County:
Pitkin County Manager
530 East Main Street
Third Floor
Aspen, CO 81611
Jon.Peacock@pitkincounty.com
With Copies To:
Pitkin County Attorney
530 East Main Street
Third Floor
Aspen, CO 81611
attorney@pitkincounty.com
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IN WITNESS WHEREOF, Grantor has executed this Restrictive Covenant as of the date and
year first written above.
G to . I
By: Bradley Schlosser Date
By:Kimberley- sser Date
State of Croloados )
•-%V jS ) ss.
County of Pitkin )
The fo egoin Re trictive Cove t as ag�jk�no a ed before me this 4 day of April
2020 by ��j Q/C lCL `bS'
Witness my hand and official seal
My commission expires on:AIA�l�,� , a �c c
ANGIE MARIE SPROSS
_° Notary IQ #125774517 Notary bhc
E(
My Commission Expires
'prt�' August 28, 2022
W W
ACCEPTED by the Community Development Director this 4th day of April, 2020, pursuant to
Board of County Commissioners Ordinance No. 032-2017:
Suzanne Wolff, Assistant Director
APPROVED AS TO FORM
Richard Y. Neiley, Assistant County Attorney
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RECEPTION #: 603155, 09/0512013 at
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DETERMINATION
Janice K. Vos Caudill, Pitkin County, CO
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE SCHLOSSER
ACTIVITY ENVELOPE AND SITE PLAN REVIEW AND SPECIAL REVIEW FOR A TDR
RECEIVER SITE
Hearing Officer Determination No. tD -2013
RECITALS
Kimberly and Bradley Schlosser (`Applicants ") have applied to the Pitkin County Hearing Officer
( "Hearing Officer ") for Activity Envelope Review, Site Plan Review, and Special Review for a
Transferrable Development Right (TDR) Receiver Site for construction of an addition to a single family
residence to increase floor area up to 8,250 square feet.
1. The Lot is located at 1990 McLain Flats Road and is described as Lot 19, Block 1, White Horse Springs
(Legal Description, Attachment A). PID#: 264327400006.
2. The Lot is part of the non -BOCC approved White Horse Springs Subdivision and contains an existing
single family residence that received a Certificate of Occupancy in 2006. Total size of the residence
including the garage is approximately 5,750 square feet. The access driveway to the subject Lot crosses
Lot 18, the adjacent Lot to the east.
3. A prior 1041 Hazard Review was approved pursuant to Hearing Officer Decision No. 01 -2002 (Rec.
No. 464053). The 1041 Hazard Review plan was recorded at Book 60 Page 45 and approved a building
envelope for the residence and a development envelope for access, utilities, septic field, and landscaping
on the site. The previously approved envelope is essentially the only portion of the Lot that is buildable.
4. The Hearing Officer considered this application at a duly noticed public hearing on July 16`h, 2013 at
which time evidence and testimony were presented with respect to this application.
5: The Hearing Officer finds that the property has the ability to locate residential development in
compliance with Site Plan review and within a constrained free area as defined in Chapter 7. The
Lot is located within a low wildfire hazard.
6. The Hearing Officer also finds that the Lot is eligible to receive 1 TDR to construct residential floor
area from 5,750 square feet up to 8,250 square feet.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development
Hearing Officer that he does hereby approve the Schlosser Activity Envelope and Site Plan Review, and
Special Review for a TDR Receiver Site subject to the following conditions, which shall run with the land
and be binding on all successors in interest.
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.
Hearing Officer Determination No. LO -2013
Page 2
2. At the time of building permit submittal, the Applicants shall surrender an original TDR for additional
floor area up to 8,250 square feet from a base approximately 5,750 square feet. With submittal of this
TDR, the Applicants shall also submit a chain of title showing ownership and purchase price of the
TDR.
3. Approvals that precede this Determination do not need to be submitted with building permit submittal.
4. No calculations for height, bulk, setback, size, floor area, or any other building and zomng requirements
have been conducted. These requirements will be considered at the time of building perrnit. Any
structures represented in the application may not be permitted under building and zoning regulations.
5. Prior to submission of any future building permit applications, the Applicants shall be required to
submit for approval by the County Attorney and Community Development an Activity Envelope and
Site Plan that illustrates the approved building envelope in accordance with Land Use Code Section
2- 30 -20(g) and Application Manual Section 2.1.12.
6. The addition shall utilize non - reflective roofing and indigenous earth tone colors for the fagade of
buildings.
At building permit application for the residence, the Applicants shall:
A. Complete a fireplace /woodstove registration form with the Community Development
Department, if necessary.
B. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one
(1) acre.
C. Submit a drainage and erosion control plan. All slopes steeper than 2:1 shall utilize erosion
control blankets.
D. Submit a construction management plan for review and approval by the Planning/Zoning
showing the locations of staging, material storage and employee and construction traffic
parking.
E. Pay the applicable road and employee housing impact fees.
F. Obtain a permit for construction of the ISDS if necessary.
G. Submit a detailed landscaping and revegetation plan that employs native species and that
reasonably screen the residence and addition from Hwy 82.
The property shall comply with the following wildfire development standards.
A. Defensible Space: The area around all buildings /structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows:
1. Brush, debris and non - ornamental vegetation shall be removed within a minimum ten -
foot (10') perimeter around all structures.
2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels
at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For
greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural
Homeowners, which provides general guidelines that may be modified by a wildfire
expert acceptable to the County).
Hearing Officer Detennination No. 2013
Page Page 3
3. Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall
be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps
shall be equal to the height of the fuel. All measurements shall be from the edges of the
crowns of the fuel.
4. All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to
a height of ten (10) feet above the ground with removal of ladder fuels from around trees
and brush.
5. Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten
(10) feet between the edges of the crowns, except for mature stands of aspen trees where
ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and
down and dead materials shall be removed.
6. All branches that extend over the roof eaves shall be trimmed and all branches within
fifteen (15) feet of chimneys shall be removed.
7. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be
reduced where natural reduction has not already occurred.
8. All deadfall up to a one hundred (100) foot perimeter shall be removed.
9. No new conifer trees shall be planted within ten (10) feet of a residence.
10. No flammable mulches shall be placed within two (2) feet of a residence.
11. The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Water Supply for Fire Safety
a) The structure shall install an automatic fire suppression sprinklering system.
C. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following:
1. All roof coverings shall be constructed of non - combustible materials and installed on a
Class A roof assembly.
2. All roof coverings shall have a surface that shall facilitate the natural process of clearing
roof debris.
3. Protrusions above the roofline, such as parapets, shall be prohibited.
4. Roofs shall be installed as required by the adopted Building Code and shall have a
minimum pitch of 1:48.
5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by
the Fire Marshall prior to submittal of a building permit application.
Hearing Officer Determination No. 0 -2013
Page 4
D. Maintenance and Miscellaneous Requirements
1. Roofs and gutters shall be kept clear of debris.
2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one - fourth
('/<) inch maximum.
3. Yards shall be kept clear of all litter, slash and flammable debris.
4. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15)
feet away from any structure.
5. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six (6) inches.
6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15)
feet away from the structure.
7. Swimming pools and ponds shall be accessible by the local fire district.
8. Fences shall be kept clear of brush and debris.
9. Wood fences shall not connect to other structures.
10. Fuel tanks shall be installed underground with an approved container.
11. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards
and on a contour away from the structure with standard defensible space vegetation
mitigation around any aboveground tank. Any wood enclosure around the tank shall be
constructed with materials approved for two (2) hour fire - resistive construction on the
exterior side of the walls.
12. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
13. The Applicants shall comply with all requirements of the Basalt Fire District Code.
14. Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be
visible at the primary point of access from the public or common access road and
installed on a non - combustible post.
The Applicants shall comply with the following general conditions regarding wildlife:
A. Manipulation of vegetation outside of the Activity Envelope is prohibited.
B. Mesh or woven wire fences are prohibited outside the Activity Envelope.
C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not
exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width
(top view), and shall have at least eighteen (18) inches between the lower two (2) rails.
D. Wire fencing must be three (3) strands or less. The top wire should be a twelve - point -five
(12.5) gauge twisted barbless type at a maximum height of forty -two (42) inches. The middle
strands (which may be barbed) should be located a minimum twelve (12) inches apart and
from the top wire preventing entanglement when mule deer jump over. The bottom strand
should be sixteen (16) inches from the ground.
E. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not
include pre- existing native trees and shrubs.
F. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging,
studying, or otherwise managing wildlife.
G. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
H. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window,
and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All
seed feeders shall include a seed catchment pan to catch discarded seed.
Pet food shall not be left outside.
The residence shall install round handled door knobs.
Hearing Officer Determination No. LP -2013
Page 5
10. No development shall occur outside the approved envelope, with the exception of vegetation
removal necessary to comply with the wildfire mitigation measures described above.
11. Prior to commencement of any earthmoving or other construction activity, the Applicants shall
stake the comers of the activity envelope and install construction fencing around the construction
site within the perimeter of the building envelope. The fencing shall remain in place until
issuance of a Certificate of Occupancy.
12. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
13. 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, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall
expire on July 16`h, 2016.
Hearing Officer Determination No. _U_-2013
Page 6
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 13"' of
June 2013.
APPROVED AND ADOPTED this 16" day of July, 2013.
PUBLISHED AFTER ADOPTI N FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the $ day of, 20J!3,_.
ATTEST:
0--1m "p- &Ias
Bonnie Shiles, Administrative Assistant
APPROVED AS TO FORM:
John Ely,
County At ey
PID# 264327400006
P044 -13
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PIT COUNT 3RADO
By
Tom Smith Fteariwokicer
Date "q-, (I -'
APPROVED AS TO CONTENT:
C �(
ind Houben,
Community Development Director
Hearing Officer Determination No. _Lo__-2013
Page 7
Attachment A
Legal Description
Subdivision: WHITE HORSE SPRINGS Block: 1 Lot: 19 Section: 27 Township: 9 Range: 85
TRACT OF LAND IN LOT 17 SEC 27 -9 -85 BGNNG AT A PT WH THE SE COR OF SEC 27
BEARS S 49 DEG 11'34 "E 2654.63 FT TH S 11 DEG 24'30 "E 582.69 FT TH N 87 DEG
02'25 "W 542.10 FT TO A PT ON THE ELY LINE OF THE VAN CLEAVE PLACER USMS
6832 TH N 600.00 FT ALNG THE ELY LINE OF VAN CLEAVE PLACER TH S 82 DEG
24'17 "E 429.89 FT TO POB TOGETHER WITH A PERPETUAL NON - EXCLUSIVE
EASEMENT & ROW FOR RD & UNDERGROUND UTILITY PURPOSES SAID
EASEMENT BEING LOCATED ON LOT 18 WHITE HORSE SPRINGS SIT UN LOT 17 &
BEING 22 FT IN WIDTH LYING 10 FT NLY & 12 FT SLY OF THE CENTERLINE BGNNG
AT A PT ON THE WLY LINE OF THE EXISTING COUNTRY RD PT BEING ON THE ELY
LINE OF LOT 19 WH THE NE COR OF LOT 18 BEARS N 21 DEG 50'45 "W 13.67 FT TH
ALNG CENTERLINE S 77 DEG 08'35 "W 378.72 FT TH 126.66 FT ALNG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 118.53 FT THE CHORD OF WHICH
BEARS S 46 DEG 31'48 "W 120.72 FT +/- TO PT ON THE WLY LINE OF SAID LOT 18
CONT 6.45 AC +/-
MEMORANDUM
TO: Tom Smith, Pitkin County Hearing Officer
FROM: Mike Kraemer, PlannerA%
RE: Schlosser Activity Envelope, Site Plan, and Special Review for a TDR Receiver Site
DATE: July 16'", 2013
REQUEST: The Applicants request Activity Envelope, Site Plan Review, Special Review for a TDR
Receiver Site to utilize one (1) TDR for construction of an addition to an existing residence for a maximum
of 8,250 square feet of floor area.
APPLICANTS: Bradley and Kimberly Schlosser
ATIVE: Rick Neiley
LOCATION: 1900 McLain Flats Road. Lot 19, Block 1, White Horse Springs. PID#: 264327400006
ZONING/LOT SIZE: RS- 20/6.4 acres.
2011 AERIAL PHOTO: The parcel is highlighted in orange.
Page 1 of 7
000001 of Is
BACKGROUND AND EXISTING CONDITIONS: The Lot is part of the non -BOCC approved White
Horse Springs Subdivision and contains an existing single family residence that received a Certificate of
Occupancy in 2006. Total size of the residence including the garage is approximately 5,750 square feet.
The access driveway to the subject Lot crosses Lot 18, the adjacent Lot to the east.
A prior 1041 Hazard Review was approved pursuant to Hearing Officer Decision No. 01 -2002 (Rec. No.
464053). The 1041 Hazard Review plan was recorded at Book 60 Page 45 and approved a building
envelope for the residence and a development envelope for access, utilities, septic field, and landscaping on
the site. The previously approved envelope is essentially the only portion of the Lot that is buildable.
SPECIFIC REQUEST: The Applicant is requesting to apply one (1) TDR of 2,500 square feet of floor
area to the subject lot for construction of an addition to the existing single family residence of up to 8,250
square feet in size. The proposed addition is located to the west of the existing residence and within the
approved building envelope from 2002. This envelope is no longer vested.
REFERRAL AGENCIES: The application was referred to the Aspen Fire Protection District, the
Environmental Health Department (EH), and the White Horse Springs Metro District.
STAFF COMMENTS:
ACTIVITY ENVELOPE (7- 10 -50):
Request for an Activity Envelope and Site Plan must comply with the provisions and policies of Chapter 7.
A site visit was conducted on July 9, 2013. The Applicant has proposed the addition and all development
within an Activity Envelope. The addition is close to the limits of the northen portion of the proposed
envelope. This envelope may need to be expanded to accommodate for over - digging and revegetation.
STEEP AND POTENTIALLY UNSTABLE SLOPES: Land Use Code Sec. 7 -20 -20 addresses standards
for development on potentially unstable slopes;
Response: The envelope has been previously approved and does not contain steep slopes, specifically in
excess of 30% grade.
GEOLOGIC HAZARDS: Land Use Code Sec. 7 -20 -50 addresses development within geologic hazard
areas.
Response: The Lot is not mapped within any geologic hazard areas.
WILDFIRE: Land Use Code Subsection 7 -20 -60 addresses development in wildfire hazard areas.
Response: The Lot is mapped within a low wildfire hazard area. The future addition will be required to
comply with these standards.
WILDLIFE: Land Use Code See. 7 -20 -70 establishes standards for development in wildlife habitat areas.
Response: According to the Seasonal Activity Maps (SAM) the Lot is not mapped within any big game
ranges. The Applicants will be conditioned to comply with the general wildlife standards of the Code.
Page ? of 7
U-00002
SITE PLAN REVIEW
The Applicant has requested site plan approval. This request requires a review of: (1) placement of
development within an approved activity envelope; (2) development within a scenic view protection area
pursuant to section 7- 20- 120(d); (3) location of structures in accordance with rural character building
guidelines pursuant to section 7- 20- 120(e); (4) landscaping and vegetation protection pursuant to section 7-
20 -130; and (5) lighting in accordance with section 7 -20 -140.
DEVELOPMENT WITHIN AN ACTIVITY ENVELOPE
The proposed improvements have been located within an activity envelope.
SCENIC VIEW PROTECTION: standards are designed to minimize the visual impact of new
development when viewed from designated road corridors. In this application, McLain Flats Road and Hwy
82 are designated scenic corridors. Section 7- 20- 120(d) addresses standards for development within a
Scenic View protection area:
1. The proposed development shall utilize existing topography and natural vegetation, such as ridges,
hills, and existing trees, to screen buildings to the maximum extent practicable when viewed fi-om those
right -of -ways listed above.
Response: The addition is located in the only possible location on the property. The property does not
otherwise provide topography or vegetation that would screen the development.
2. The proposed development shall avoid the location of structures within the Scenic View Protection
Areas (SVPA), and shall avoid the location or structures within any Viexplane identified in the State
Highway 82 Corridor Master Plan and Dorn Vallev Comprehensive Plan, if possible. If location
outside the Scenic View Protection Area and defined Viexplanes is not practicable, then the proposed
development shall not be located on the highest ground or most visible portion of any site as viewed
from those corridors.
Response: The property is within a Scenic View Protection Area, but it is not mapped within an identified
Viewplane. There is no opportunity for the addition to be located outside the SVPA and is located on the
only feasible site. Additional landscaping shall be placed in effort to better screen the residence from Hwy
82.
3. The proposed development's height and bulk shall be designed to avoid, to the maximum extent
practicable, the visibility of buildings fu-om those corridors listed. This may include, but shall not be
limited to, breaking down the mass of the building down into a series of small forms, articulation of the
building facades to avoid a ivall or row effect, and staggering rooJlines to avoid a long unbroken plane.
Response: The proposed development has been designed so the height and bulk of the residence appears to
be a single story and an identical height as the existing residence. The fagade and roof line have been
staggered to break up the plane.
4. The proposed structure shall be placed so it does not project above a ridgeline such that a structure
silhouettes against the skv when viewed from those corridors listed in subsection (b), unless there are
no alternate building sites on the lot or parcel.
Response: The proposed structure does not project above the ridgeline such that the structure is silhouetted
against the blue sky when viewed from McLain Flats Road or Hwy 82.
5. The proposed development shall be designed to complement the natural topography of the land through
the use of techniques such as earth - sheltered design, the use or natural materials and coloring, the use
Page 3 of 7
U000Q3
of low - reflectance materials, or clustering of structures on the least visible portions of the site. When a
building is proposed near a ridgeline, then its form (particularly its roofform) shall replicate, parallel,
or complement the natural form of the ridgeline so that it appears to be an element of the natural
ridgeline.
Response: The proposed residence is designed to minimize the visual impact through the use of earth -
sheltered design along with natural, earth- toned, non - reflective materials.
6 The proposed development shall preserve natural vegetation and avoid development within irrigated
meadows, to the maximum extent practicable.
Response: The natural vegetation will be preserved to the maximum extent practicable and the Applicant
will be required to revegetate the disturbed areas of the property. There are no irrigated meadows on the
property.
7. The proposed development shall install utilities in locations and through procedures that minimize
visual impacts to the maximum extent practicable.
Response: All new utilities shall be placed underground.
8. All satellite dishes in the proposed development shall be located to minimize visibilitvfrom those rights -
of -way listed in subsection (b), and shall use earth tone colors and /or screening to minimize their visual
impact.
Response: All future satellite dishes shall conform to these standards.
9. Die proposed development shall not use earth moving and berms as the primary means of compliance
with these regulations, but earth moving may be utilized in conjunction with other techniques to comply
with standards in this section. Where earth moving techniques are necessary, man -made forms should
be undulating and natural in appearance.
Response: In conjunction with the earth - sheltered design, the proposed development is also employing
other techniques, such as reduced height and bulk, to comply with the standards in this section. No free
standing berms are proposed with the development.
10. In the Rural Areas only, development shall be located so that activities and development occur in at
least one of the specified in subsection (e) as they may apply to the particular property.
Response: The parcel is located in the rural area of Pitkin County, and is just under 7 acres in size. These
guidelines are not directly applicable to the site; the parcel does not contain an open meadow or pasture,
contains few stands of vegetation, has limited change in natural topography and seeks to avoid the areas of
steep slope that would be encroached upon if used. Section 7- 20- 120(e) (5) states that "If a portion, but not
all, of the proposed activity or development can be located in conformance with the guidelines in
subsections (1) through (4), then the portion that cannot, shall be located in accordance with the following:
Y Along Edge of Open Meadow or Pasture: Although the parcel does not contain open meadow or
pasture area, it is located at the edge of meadow /pasture. The development is located at the greatest
practicable distance from the road; it is located where the meadow /pasture meets the toe of a hillside
and has been located to preserve open space in the largest continuous tracts possible.
➢ Screening of Development: The development shall be screened with native vegetation planted to mimic
either the existing species composition orpattern ofgrowth or traditional farm and rancltstead planting
patterns (e.g. clustered or linear tree plantings).
Response: The Applicant shall be conditioned to submit a landscaping plan that employs native
vegetation to screen the view of residence.
Page 4 of 7
OOU004
➢ Built behind or into a change of natural topography: When located behind a natural topographic break
or built into the natural topogmphv, scale and height of the development shall be subordinate to the
natural changes in topography and earth moving shall he used to the minimum amount possible.
Response: The design of the development keeps the overall mass low and does not employ the use of
man-made land forms to `hide' the development.
Y Ranch compound within irrigated pasture or meadow:
Response: The proposed residence is located away from irrigated meadows that are located on
adjacent properties to the east. Although the proposed development is located on a separate lot, it has
been clustered to maintain the maximum amount of meadow /pasture. Additionally, the re- vegetation
plan shall be required to utilize native plant materials similar to those already found on site.
H. The exterior of all development shall be built or painted with indigenous earth tone materials or
colors.
Response: Indigenous earth -toned colors and non - reflective materials will be conditioned.
12. All roofs shall have a non - reflective color or composition. Reflective roof materials shall not be
used unless the materials are treated prior to installation to eliminate reflection, with the exception
of materials associated with solar or photovoltaic equipment.
Response: Only non - reflective, earth toned materials will be used.
13. Lands disturbed by earthmoving or berms should be re- vegetated using native species that are
already growing on or near the site. Topsoil shall be stockpiled and places on disturbed areas.
Irrigation shall be provided to the re- vegetated areas if it is necessary to ensure the survival of
planted native species.
Response: A re- vegetation plan using native species to the area shall be submitted as part of the landscape
plan at building permit submittal. The storage of topsoil shall be addressed in the construction management
plan and shall be located within the approved activity envelope.
14. To the maximum extent practicable. Roads and driveways shall be located to skirt the edge of and
avoid dividing meadows and pastures to avoid major road cuts. Roads and driveways should take
advantage of the screening potential of natural topography and existing vegetation. Existing roads
and driveways shall be used where practical. To enhance screening a row of trees may be planted
along the roads or driveways. To the maximum extent practicable, roads and driveways located
around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid straight
line corridors that are incongruous with the natural setting.
Response: The existing access off McLain Flats Road will be used.
LIGHTING:
Land Use Code Sec. 7 -20 -140 is applicable for all lighting in the County.
Response: The Applicants have not provided a lighting plan. Nonetheless, all lighting will be required to
conform to section 7 -20 -140 of the Code.
ACCESS: There is an existing access driveway for the residence. This access is a documented easement
and will continue to be utilized.
Page 5 of 7
UULOG5
SEWER AND WATER: Water for the subject Lot will be served by the White Horse Springs Metro
District. EH was referred on this application (Attachment A) and states that the existing on site waste water
treatment (OWTS) was sized for 5 bedrooms. Given that an additional bedroom is proposed in the addition,
the OWTS will need to be expanded. A permit is needed for this expansion and the additional capacity for
the system shall be applied for during building permit submittal.
SPECIAL REVIEW FOR A TDR RECEIVER SITE
For a parcel to receive a TDR in the Rural Area Special Review approval must be granted. The parcel is
zoned RS -20 and is eligible to receive TDR's up to 15,000 square feet. The Applicant has requested
approval to land one (1) TDR for a maximum of 8,250 square feet.
Compliance with the following standards must be achieved (see Subsection 2- 30 -30).
A. The special rerien, use shall consider the applicable County Master Plan.
Response: The special review use for a TDR Receiver site is not prohibited in the Downvalley Master
Plan.
B. The special reviex, use shall not conflict with any applicable sections of the Pitkin County Land Use
Code, including the County Land Use Policies in Chapter 1.
Response: The use is consistent with the Pitkin County Land Use Code and the Land Use Policies if
conditions in the attached Determination are adhered to.
C. The proposed development must not materially endanger die public health, safety or welfare
Response: Staff has no reason to believe that the proposed use of a TDR up to 8,250 square feet will
endanger the public health, safety or welfare of the public.
D. The proposed development must not substantially injure the value of adjoining or abutting
property.
Response: Staff has no reason to believe that the proposed use of the TDR up to 8,250 square feet of floor
area will substantially injure adjoining property values. Other large residences reside off of McLain Flats
Road.
E. The special review use shall be consistent with the intent of the zone district in which it is
proposed to be located.
Response: The RS -20 zone district allows for residences to be constructed up to 15,000 square feet
through special review.
F. The special review use shall be compatible with the character of the immediate vicinity of the
parcel proposed for development and surrounding land uses, or shall enhance the mixture of
complimentary uses and activities in the immediate vicinity of the parcel proposed for
development.
Page 6 of 7
JUU006
Response: The special review request can be considered compatible with the character of the immediate
vicinity of the Lot and land uses. Other residences within White Horse Springs exceed 5,750 square feet.
G. The location, size, design and operating characteristics of the proposed special revien, use must
be in harnuouv with the surrounding area and minimize adverse effects, including visual impacts,
impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service
delivery, airhrater pollution or other impacts on natural resources, noise, vibrations and odor
on surrounding properties.
Response: Staff has no reason to believe that the proposed residence will have the above mentioned
impacts.
H. There must be adequate public facilities and services to serve the special review use, including
but not limited to roads, potable water, serer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services, drainage systems, and schools.
Response: Staff feels that the above mentioned public facilities and services will receive negligible
impacts from landing the TER and constructing an addition on this site.
I. The proposed special review use must comply with awry additional standards or requirements
stated for such use in Sec. 4 -30 and /or 2- 40 -20.
Response: Not applicable.
RECOMMENDATION: Staff recommends approval of the Schlosser Activity Envelope, Site Plan
Review, and Special Review for a TER Receiver Site subject to the attached Hearing Officer
Determination.
ATTACHMENTS
A. Environmental Health referral letter
Page 7 of
JJU0GZ
AoM,c�l 14 -
EMORAND M
To: Mike Kraemer
From: Kurt Dahl, Environmental Health Department
Date: June 16, 2013
Re: Schlosser Activity Envelope, Site Plan Review, and Special
Review for a TDR Receiver Site for Additional Floor Area
(PID 2643- 274 -00 -006; Case P044 -13
SUMMARY OF RELEVANT PARTS OF APPLICATION: The applicant is requesting site plan
approval for an addition to an existing single family residence.
DISCUSSION: The Pitkin County Environmental Health Department has reviewed the details of
the Schlosser activity envelope, site plan review and special review for a TDR application under
the authority of the Pitkin County Land Use Code and the Pitkin County Onsite Wastewater
Treatment System (OWTS) Regulation and has the following comments.
- -- WATER SUPPLY:
The residence will be served drinking water by the White Horse Springs District.
- -- SEWAGE TREATMENT AND COLLECTION:
An existing OWT system was approved for 5 total bedrooms (permit # 05093) on July 27, 2006.
The addition sketch included in the application indicates an additional bedroom will be added. If
the total bedroom count after the addition will be more than 5 bedrooms, the OWT system will
have to be added to. The definition of a bedroom for OWT system sizing purposes can include
other rooms that are not listed as bedrooms on the building plans (i.e. office). Please contact the
environmental health office for specific details on sizing requirements once plan of the addition
have been completed. A permit from this office will be required for an addition to the OWT
system.
I r)-c I
jUUv03
Primed on F,rvtled Parr
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITIQN COUNTY, COLORADO, APPROVING THE SCHLOSSER
ACTIVITY ENVELOPE AND SITE PLAN REVIEW AND SPECIAL REVIEW FOR A TDR
RECEIVER SITE
Hearing Officer Determination No. -2013
RECITALS
Kimberly and Bradley Schlosser ( "Applicants ") have applied to the Pitkin County Hearing Officer
( "Hearing Officer") for Activity Envelope Review, Site Plan Review, and Special Review for a
Transferrable Development Right (TDR) Receiver Site for construction of an addition to a single family
residence to increase floor area up to 8,250 square feet.
1. The Lot is located at 1900 McLain Flats Road and is described as Lot 19, Block 1, White Horse Springs
(Legal Description, Attachment A). PID#: 264327400006.
2. The Lot is part of the non -BOCC approved White Horse Springs Subdivision and contains an existing
single family residence that received a Certificate of Occupancy in 2006. Total size of the residence
including the garage is approximately 5,750 square feet. The access driveway to the subject Lot crosses
Lot 18, the adjacent Lot to the east.
3. A prior 1041 Hazard Review was approved pursuant to Hearing Officer Decision No. 01 -2002 (Rec.
No. 464053). The 1041 Hazard Review plan was recorded at Book 60 Page 45 and approved a building
envelope for the residence and a development envelope for access, utilities, septic field, and landscaping
on the site. The previously approved envelope is essentially the only portion of the Lot that is buildable.
4. The Hearing Officer considered this application at a duly noticed public hearing on July 16", 2013 at
which time evidence and testimony were presented with respect to this application.
5. The Hearing Officer finds that the property has the ability to locate residential development in
compliance with Site Plan review and within a constrained free area as defined in Chapter 7. The
Lot is located within a low wildfire hazard.
6. The Hearing Officer also finds that the Lot is eligible to receive 1 TDR to construct residential floor
area from 5,750 square feet up to 8,250 square feet.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development
Hearing Officer that he does hereby approve the Schlosser Activity Envelope and Site Plan Review, and
Special Review for a TDR Receiver Site subject to the following conditions, which shall run with the land
and be binding on all successors in interest.
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.
JJuJJ�
Hearing Officer Determination No. -2013
Page 2
2. At the time of building permit submittal, the Applicants shall surrender an original TDR for additional
floor area up to 8,250 square feet from a base approximately 5,750 square feet. With submittal of this
TDR, the Applicants shall also submit a chain of title showing ownership and purchase price of the
TDR.
3. Approvals that precede this Determination do not need to be submitted with building permit submittal.
4. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
5. Prior to submission of any future building permit applications, the Applicants shall be required to
submit for approval by the County Attorney and Community Development an Activity Envelope and
Site Plan that illustrates the approved building envelope in accordance with Land Use Code Section
2- 30 -20(g) and Application Manual Section 2.1.12.
6. The addition shall utilize non - reflective roofing and indigenous earth tone colors for the fagade of
buildings.
7. At building permit application for the residence, the Applicants shall:
A. Complete a fireplace /woodstove registration form with the Community Development
Department, if necessary.
B. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one
(1) acre.
C. Submit a drainage and erosion control plan. All slopes steeper than 2:1 shall utilize erosion
control blankets.
D. Submit a construction management plan for review and approval by the Planning/Zoning
showing the locations of staging, material storage and employee and construction traffic
parking.
E. Pay the applicable road and employee housing impact fees.
F. Obtain a permit for construction of the ISDS if necessary.
G. Submit a detailed landscaping and revegetation plan that employs native species and that
reasonably screen the residence and addition from Hwy 82.
The property shall comply with the following wildfire development standards.
A. Defensible Space: The area around all buildings /structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows:
1. Brush, debris and non - ornamental vegetation shall be removed within a minimum ten -
foot (10') perimeter around all structures.
2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels
at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For
greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural
Homeowners, which provides general guidelines that may be modified by a wildfire
expert acceptable to the County).
JU0010
Hearing Ofcer Determination No. -2013
Page 3
3. Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall
be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps
shall be equal to the height of the fuel. All measurements shall be from the edges of the
crowns of the fuel.
4. All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to
a height of ten (10) feet above the ground with removal of ladder fuels from around trees
and brush.
5. Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten
(10) feet between the edges of the crowns, except for mature stands of aspen trees where
ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and
down and dead materials shall be removed.
6. All branches that extend over the roof eaves shall be trimmed and all branches within
fifteen (15) feet of chimneys shall be removed.
7. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be
reduced where natural reduction has not already occurred.
8. All deadfall up to a one hundred (100) foot perimeter shall be removed.
9. No new conifer trees shall be planted within ten (10) feet of a residence.
10. No flammable mulches shall be placed within two (2) feet of a residence.
11. The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Water Supply for Fire Safety
a) The structure shall install an automatic fire suppression sprinklering system.
C. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following:
1. All roof coverings shall be constructed of non - combustible materials and installed on a
Class A roof assembly.
2. All roof coverings shall have a surface that shall facilitate the natural process of clearing
roof debris.
3. Protrusions above the roofline, such as parapets, shall be prohibited.
4. Roofs shall be installed as required by the adopted Building Code and shall have a
minimum pitch of 1:48.
5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by
the Fire Marshall prior to submittal of a building permit application.
jjUU11
Hearing Officer Determination No. -2013
Page 4
D. Maintenance and Miscellaneous Requirements
1. Roofs and gutters shall be kept clear of debris.
2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one -fourth
('/<) inch maximum.
3. Yards shall be kept clear of all litter, slash and flammable debris.
4. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15)
feet away from any structure.
5. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six (6) inches.
6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15)
feet away from the structure.
7. Swimming pools and ponds shall be accessible by the local fire district.
8. Fences shall be kept clear of brush and debris.
9. Wood fences shall not connect to other structures.
10. Fuel tanks shall be installed underground with an approved container.
11. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards
and on a contour away from the structure with standard defensible space vegetation
mitigation around any aboveground tank. Any wood enclosure around the tank shall be
constructed with materials approved for two (2) hour fire- resistive construction on the
exterior side of the walls.
12. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
13. The Applicants shall comply with all requirements of the Basalt Fire District Code.
14. Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be
visible at the primary point of access from the public or common access road and
installed on a non - combustible post.
The Applicants shall comply with the following general conditions regarding wildlife:
A. Manipulation of vegetation outside of the Activity Envelope is prohibited.
B. Mesh or woven wire fences are prohibited outside the Activity Envelope.
C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not
exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width
(top view), and shall have at least eighteen (18) inches between the lower two (2) rails.
D. Wire fencing must be three (3) strands or less. The top wire should be a twelve - point -five
(12.5) gauge twisted barbless type at a maximum height of forty -two (42) inches. The middle
strands (which may be barbed) should be located a minimum twelve (12) inches apart and
from the top wire preventing entanglement when mule deer jump over. The bottom strand
should be sixteen (16) inches from the ground.
E. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not
include pre- existing native trees and shrubs.
F. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging,
studying, or otherwise managing wildlife.
G. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
H. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window,
and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All
seed feeders shall include a seed catchment pan to catch discarded seed.
I. Pet food shall not be left outside.
J. The residence shall install round handled door knobs.
JUuU12
Hearing Officer Determination No. -2013
Page 5
10. No development shall occur outside the approved envelope, with the exception of vegetation
removal necessary to comply with the wildfire mitigation measures described above.
11. Prior to commencement of any earthmoving or other construction activity, the Applicants shall
stake the corners of the activity envelope and install construction fencing around the construction
site within the perimeter of the building envelope. The fencing shall remain in place until
issuance of a Certificate of Occupancy.
12. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
13. 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, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall
expire on July 16`h, 2013.
ilv0013
Hearing Officer Determination No. -2013
Page 6
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 13th of
June 2013.
APPROVED AND ADOPTED this 16`h day of July, 2013.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asoen
Times Weekly on the _ day of , 20
ATTEST:
Bonnie Shiles, Administrative Assistant
APPROVED AS TO FORM:
John Ely,
County Attorney
PID#.264327400006
P044 -13
000014
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
Tom Smith, Hearing Officer
Date
APPROVED AS TO CONTENT:
C
ind Houben,
Community Development Director
Hearing Officer Determination No. -2013
Page 7
Attachment A
Legal Description
Subdivision: WHITE HORSE SPRINGS Block: 1 Lot: 19 Section: 27 Township: 9 Range: 85
TRACT OF LAND IN LOT 17 SEC 27 -9 -85 BGNNG AT A PT WH THE SE COR OF SEC 27
BEARS S 49 DEG 11'34 "E 2654.63 FT TH S 11 DEG 24'30 "E 582.69 FT TH N 87 DEG
02'25 "W 542.10 FT TO A PT ON THE ELY LINE OF THE VAN CLEAVE PLACER USMS
6832 TH N 600.00 FT ALNG THE ELY LINE OF VAN CLEAVE PLACER TH S 82 DEG
24'17 "E 429.89 FT TO POB TOGETHER WITH A PERPETUAL NON - EXCLUSIVE
EASEMENT & ROW FOR RD & UNDERGROUND UTILITY PURPOSES SAID
EASEMENT BEING LOCATED ON LOT 18 WHITE HORSE SPRINGS SIT UN LOT 17 &
BEING 22 FT IN WIDTH LYING 10 FT NLY & 12 FT SLY OF THE CENTERLINE BGNNG
AT A PT ON THE WLY LINE OF THE EXISTING COUNTRY RD PT BEING ON THE ELY
LINE OF LOT 19 WH THE NE COR OF LOT 18 BEARS N 21 DEG 50'45 "W 13.67 FT TH
ALNG CENTERLINE S 77 DEG 08'35 "W 378.72 FT TH 126.66 FT ALNG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 118.53 FT THE CHORD OF WHICH
BEARS S 46 DEG 31'48 "W 120.72 FT +/- TO PT ON THE WLY LINE OF SAID LOT 18
CONT 6.45 AC +/-
UODU15
APPLICATION FOR
ACTIVITY ENVELOPE AND
SITE PLAN REVIEW FOR
A TDR RECEIVER SITE FOR
ADDITIONAL FLOOR AREA
1990 McLAIN FLATS ROAD
PROPERTY OWNER:
Bradley F. Schlosser and
Kimberly K. Schlosser
1309 Elton Lane
Austin, TX 78703
PROPERTY:
Lot 19, Block 1,
WHITE HORSE SPRINGS,
According to the Plat thereof recorded
February 2, 1977 in Plat Book 5 at Page 66
as Reception No. 192256,
County of Pitkin,
State of Colorado.
Parcel ID No. 26432700066
000001 af U'01
REPRESENTATIVE:
Richard Y. Neiley, Jr.
Neiley & Alder, Attorneys
6800 Highway 82, Suite I
Glenwood Springs, CO 81601
(970) 928 -9393
aspenlaw(irrneileyalder.com
APPLICATION FOR ACTIVITY ENVELOPE AND SITE PLAN REVIEW
AND FOR A TDR RECEIVER SITE FOR ADDITIONAL FLOOR AREA
I. INTRODUCTION.
Applicants Bradley F. Schlosser and Kimberly K. Schlosser, the owners of Lot 19,
Block 1, White Horse Springs, seek activity envelope and site plan approval pursuant to Section
2- 30- 20(g)(2) and (3) of the Pitkin County Land Use Code for a TDR Receiver Site for
Additional Floor Area for an existing single - family residence on a parcel comprised of
approximately 6.447 acres of land. The property is located on the south side of McLain Flats
Road.
Proof of ownership is appended hereto as Attachment No. 1, comprised of the Warranty
Deed by which the Applicants took title to the property and Applicants' attorney's Certificate of
Ownership.
The property is presently developed with a 5,083 square foot house and 742 square foot
garage and has received a prior development approval as reflected in Hearing Officer
Determination No. 01 -2002 (Attachment No. 2) and the building envelope is approved as
depicted on the Elsa Mitchell 1041 Hazard Review Map recorded in Book 60 at Page 45
(Attachment No. 3).
The driveway serving the property traverses adjoining Lot 18, White Horse Springs,
pursuant to an access and utility easement. The property does not have direct access to a public
right -of -way. The approved access envelope for the driveway is located on slopes with grades
less than 30 %. The access drive has been constructed pursuant to the prior approvals and this
Application does not seek any modification to the driveway approval.
The property is not impacted by any river or stream corridors or any riparian areas.
Domestic water service will be provided by the White Horse Springs Metropolitan
District. The septic system for the property is located within the activity envelope to the north of
the homesite. No modifications to the water or septic system are proposed.
Existing conditions on the site, including the location of the driveway and the residential
improvements previously constructed, are depicted on the Improvement Survey appended as
Attachment No. 4.
II. SITE PREPARATION AND GRADING, § 7- 20 -10.
The entire building envelope is located on slopes of less than 30% grade. All grading and
filling on the Lot will take place within the previously- defined building envelope. The driveway
serving the property enters off of McLain Flats Road in an area where the slopes are less than
30 %.
Page 1 of 4
U0 0-
The site is vegetated primarily with indigenous grasses, indigenous shrubs, scrub oak and
aspen and spruce trees planted by the property owners. Following site work and clearing,
including removal of vegetation necessary to comply with the requirements of wildfire
mitigation, the Applicants will revegetate the site in accordance with Pitkin County Revegetation
Guidelines with native grasses and vegetation. The Wildfire Report identifies the site as a
"moderate hazard" wildfire area and requires removal of native vegetation within 20 feet of the
residence.
No development activity will take place outside of the existing approved building
envelope. All recontouring of the site will result in positive drainage away from the building
improvements and will tie into existing natural topography. The site will be fully revegetated to
avoid intrusion of weeds. All revegetation will be in accordance with wildfire mitigation
requirements.
All utility installations will be underground in the area disturbed for construction of the
driveway. Utilities are currently available on site.
The development of the property will not result in significant alteration of natural
drainage patterns that will increase water flows or subject adjacent properties to increased
erosion. There are no streams, rivers or wetlands /riparian areas on the subject property or in the
vicinity.
III. STEEP AND POTENTIALLY UNSTABLE SLOPES, § 7 -20 -20
The Elsa Mitchell 1041 Hazard Review Map depicts the contours of the property as
within the approved building envelope. The Map depicts the contours in 2 -foot increments. The
new Site Plan and Activity Envelope Plat will conform to these requirements and will provide a
graphic depiction of the slope analysis. All development will occur within the previously -
approved building envelope.
IV. WATER COURSES AND DRAINAGE, § 7- 20 -30.
There are no streams, rivers or water courses impacting the property. There are no
wetlands on the parcels.
V. WILDFIRE HAZARD, § 7- 20 -60.
The property is mapped as being located within a medium wildfire zone. In accordance
with Hearing Officer Determination No. 01 -2002, certain wildfire mitigation standards were
established with which Applicants have complied. It is believed that these wildfire mitigation
standards are sufficient in connection with the proposed addition to the residence. The
Applicants propose to adhere to the wildfire mitigation standards set forth in Hearing Officer
Determination No. 01 -2002.
VI. WILDLIFE HABITAT, § 7- 20 -70.
Page 2 of 4
000003
The property is not located in any mapped critical wildlife area and does not impact
winter habitat or calving areas. The Applicants propose to maintain the approximately 90% of
the parcel as undeveloped natural habitat.
VII. STANDARDS FOR SCENIC VIEW PROTECTION AREAS, § 7- 20- 120(d).
The development on the subject property is visible from McLain Flats Road and
Colorado State Highway 82. There is no location on the property where development can occur
that will not have some impact on the view corridors from McLain Flats Road and Highway 82.
However, the addition proposed for the existing residence will have no greater impacts than
presently exist, as depicted on the architectural renderings and photographs for the site
(Attachments 6 and 7).
The proposed addition will be a one -story structure located within the existing approved
building envelope. The addition will compliment the natural landscape and natural features and
will not impact any natural ridgeline or silhouette against the sky to any greater degree than the
existing improvements. The development will be sited in conformance with the County's rural
character guidelines and will use existing topography and natural vegetation to limit visual
impacts.
The Applicants will use natural materials and coloring, non - reflective materials, and the
roofline will compliment the natural form of the hillside against which it will be located.
While the development cannot entirely preserve the existing natural vegetation of the site,
the site will be fully revegetated with natural vegetation. All utility extensions will be
underground. The development on the site is at the edge of an open pasture and is sited as far
from McLain Flats Road as is possible given the site conditions.
All lighting on the site will comply with Land Use Code § 7 -20 -140.
VIII. RURAL CHARACTER GUIDELINES FOR BUILDING LOCATION, § 7- 20- 120(e).
The proposed development site will comply with the Rural Character Guidelines for
building location. The scale and height of the development will be subordinate to the natural
change in topography. The use of natural colors and non - reflective materials will cause the
structure to blend into the surrounding environment.
IX. LANDSCAPING AND VEGETATION PROTECTION, § 7 -20 -130.
To the extent permitted by the wildfire restrictions, the Applicants will revegetate all
disturbed areas with natural vegetation. The Applicants do not propose to install berms on the
site.
Page 3 of 4
000004
The Applicants will comply with the "Required Landscaping in Rural Areas" sections of
the Land Use Code. There will be no satellite dishes or other telecommunications equipment
visible from public roads.
X. COMPLIANCE WITH § 2- 30 -30(h)
The area in which the subject real property is located is a previously- approved receiver
site for TDRs. The use of TDRs in this area, thus, complies with the underlying goals and
purposes of the County Land Use Code and the County Master Plan.
Permitting the landing of a TDR on the subject real property will not endanger public
health, safety or welfare, will not injure the value of adjoining properties, will be consistent with
the intent of the underlying zone district, and will be compatible with the character of
surrounding development and land uses.
Because all existing utilities and infrastructure are in place, there are adequate public
facilities and services to serve the expanded residential use on the site and special review use for
a TDR receiver site could, thus, be granted.
A draft Activity Envelope and Site Plan is submitted herewith as Attachment No. 10
which will be finalized upon approval of this Application.
000005
Page 4 of 4
SCHEDULE OF ATTACHMENTS
Proof of Ownership
Authorization to Represent
Hearing Officer Determination No. 01 -2002
4. Elsa Mitchell 1041 Hazard Review Map
5. Improvement Survey depicting Existing Conditions
6. Architect's Renderings of Proposed Addition
Architect's Depiction of Proposed Addition on Photographs of Existing Structure
8. List of Adjacent Property Owners
9. Pre - Application Conference Summary and Fee Agreement
10. Draft Activity Envelope and Site Plan
000006
ATTACHMENT 1
Proof of Ownership
006,007
CERTIFICATION OF OWNERSHIP
The undersigned, Richard Y. Neiley, Jr., an attorney licensed to practice law in the State of
Colorado, Colorado Attorney Registration No. 9878, hereby certifies as follows:
1. The owners of Lot 19, Block 1, WHITE HORSE SPRINGS, PITKIN COUNTY,
COLORADO, are Bradley F. Schlosser and Kimberly K. Schlosser of 1309 Elton Lane, Austin, Texas
78703. A copy of the Warranty Deed vesting title in the Schlossers, recorded May 20, 2010, is attached
hereto.
2. There are no mortgages, judgments, liens, easements, contracts or agreements affecting
the use and development of the subject real property or that could conflict with the approvals requested
for the property.
3. The owners are entitled to use the land for the residential purposes set forth in this
Application.
4. The subject real property is a parcel legally created prior to May 8, 1972, and is depicted
on the Plat of White Horse Springs Ranch, recorded February 2, 1977 in Plat Book 5 at Page 66, as
Reception No. 192256.
5. There are no mineral reservations and there are no third parties who own any mineral
interests in the subject real property. A
6. There is legal access to the subject real pro via a private 22' Access and Utility
ert
Easement connecting the property to McLain Flats Road, a pu c 'ght of way.
RICHARD Y. NEILEY, JR.
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing Certificate of Ownership was acknowledged and signed before me this 25" day of
April, 2013, by RICHARD Y. NEILEY, JR.
WITNESS my hand and official seal.
My commission
031]003
RECEPTION #: 569592, 05/20/2010 at 10:23:07 AM, 1 OF 3, R $16.00
DF $600.00 Janice K. Vos Caudill, Pitkin County, CO
WARRANTY DEED
THIS DEED dated _Z_ May 2010, is granted and made by and between
MCLAIN FLATS, LLC, ( "Grantor') and BRADLEY F. SCHLOSSER,
and KIMBERLY K. SCHLOSSER, as joint tenants, whose mailing
address is: 1309 Elton Lane, Austin, Texas 78703 ( "Grantees').
WITNESS, that the Grantor, for and in consideration of the sum of Six Million and oo /loo
U.S. Dollars ($6,000,000.00), the receipt and sufficiency of which is hereby acknowledged,
does hereby grant, bargain, sell, convey and confirm unto the Grantees and the Grantees' heirs,
successors and assigns forever, all the real property, together with any and all improvements
thereon, located in Pitkin County, Colorado, described as:
All that certain parcel of land situated in County of Pitkin, State of Colorado, being
known and designated as Lot 19, Block 1, White Horse Springs, more particularly
described by metes and bounds as follows:
A tract of land situated in Lot 17 of Section 27, Township 9 South, Range 85 West of the
6th Principal Meridian, Pitkin County, Colorado described as follows:
Beginning at a point whence the Southeast corner of said Section 27 bears South
49 011'34" East 2,654.63 feet; thence South 11 °24'30" East 582.69 feet; Thence North
87 002'25" West 542.10 feet to a point on the Easterlyline of the Van Cleave Placer, being
U.S. Mineral Survey No. 6832; Thence North 600.00 feet along the Easterly line of said
Van Cleave Placer; Thence South 82024'17" East 429.89 feet to the Point of Beginning.
Together with a perpetual, non- exclusive easement and right of way for road and
underground utility purposes, said easement being located on Lot 18, White Horse
Springs, situated in Lot 17 of Section 27, Township 9 South, Range 85 West, 6th P.M.
and being 22 feet in width lying 10 feet Northerly and 12 feet Southerly of the following
described centerline:
Beginning at a point on the Westerly line of the existing Country Road, said point being
on the Easterly line of said Lot 19 whence the Northeast corner of Lot 18 bears; North
21 050'45" West 13.67 feet; Thence along said centerline South 77 °08'35" West 378.72
feet; Thence 126.66 feet along the arc of a curve to the left having a radius of 118.53 feet,
the chord of which bears: South 46 °31'48" West 120.72 feet, more or less to a point on
the Westerly line of said Lot 18.
It is expressly understood that the Northerly 15 feet of said easement shall be used for
road purposes and the Southerly 7 feet thereof for underground utilities, and that the
County Engineer must approve the design of the road and issue a driveway permit
therefore.
And, that certain Pasture Easement Agreement, together with all benefits and burdens
thereunder dated July 1, 1978, recorded July 3, 1978, in Book 35o at Page 866, as
Reception No. 205448; which Pasture Easement Agreement affects Lot 18, Block 1,
White Horse Springs.
and known by the street address as: 19go McLain Plats Road, Aspen, Colorado 81611
O00009
RECEPTION #: 569592, 05/20/2010 at 10:23:07 AM, 2 OF 3,
Janice K. Vos Caudill, Pitkin County, CO
WARRANTY DEED Lot i9, Block 1, White Horse Springs
Pitkin County, Colorado
McLain Flats, LLC to:
Bradley F. Schlosser, and Kimberly K. Schlosser
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,
or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all
the estate, right, title, interest, claim and demand whatsoever of the Grantor, 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 Grantees and the Grantees' heirs, successors and assigns forever.
The Grantor, for itself and for its heirs, successors and assigns, does covenant, grant, bargain,
and agree to and with the Grantee, and the Grantee's successors and assigns that at the time of
the ensealing and delivery of these presents, the Grantor is well seized of the premises above
conveyed; have good, sure, perfect, absolute and indefeasible estate of inheritance, in law and in
fee simple; and have good right, full power and lawful authority to grant, bargain, sell and
convey the same in manner and form as 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
1. Taxes for 2o1o, not yet due or payable;
2. Right of way for ditches or canals constructed by the authority of the United States as
reserved in United States Patent dated November 18, 1914, and recorded December 1o, 1914, in
Book 55 at Page 540, as Reception No. 077026;
3. Terms, conditions, provisions, agreements and obligations specified under the Warranty
Deed by and between Henry L. Stein and Natalie Gignoux, dated May 1, 1967, and recorded May
8, 1967, in Book 227at Page 1, as Reception No. 127316;
4. Any and all notes, easements and recitals as disclosed on the recorded plat of White
Horse Springs Ranch Lots & Tracts, recorded February 2, 1977, in Plat Book 5 at Page 66, as
Reception No. 192256;
5. Terms, conditions, provisions, agreements and obligations specified under the Pitkin
County Board of County Commissioners Resolution No. 77-75 ( Gignoux Special Review) dated
June 13, 1977, and recorded June 15, 1977, in Book 33o at Page 494, as Reception No. 195145;
6. Terms, conditions, provisions, agreements and obligations specified under the Pasture
Easement Agreement dated July 1, 1978, and recorded July 3, 1978, in Book 35o at Page 866, as
Reception No.205448;
7. Terms, conditions, provisions, agreements and obligations specified under the
Determination of the Hearing Officer of the Community Development Department of Pitkin
County, Colorado, approving the Elsa Mitchell 1041 Hazard Review, Conceptual Submission,
Special Review and GMQS Exemption(Determination No. 01- 2002), dated January 29, 2002,
and February 15, 2002, as Reception No. 464053;
8. Any and all notes, easements and recitals as disclosed on the recorded plat of the Elsa
Mitchell 1041Hazard Review Map, recorded April 15, 2002, in Plat Book 60 at Page 45, as
Reception No. 466235;
Page 2 of 3
000010
RECEPTION #: 569592, 05/20/2010 at 10:23:07 AM, 3 OF 3,
Janice K. Vos Caudill, Pitkin County, CO
. , .:N11
Lot 19, Block 1, White Horse Springs
Pitkin County, Colorado
McLain Flats, LLC to:
Bradley F. Schlosser, and Kimberly K. Schlosser
9. Terms, conditions, provisions, agreements and obligations specified under the Trench,
Conduit, and Vault Agreement by and between Michael Doherty and Amy Doherty and Holy
Cross Energy, a Colorado corporation, dated July 5, 2005, and recorded July 6, 2005, as
Reception No. 512081;
10. Terms, conditions, provisions, agreements and obligations specified under the Holy
Cross Energy Underground Right -of -Way Easement by and between Michael Doherty and Amy
Doherty and Holy Cross Energy, a Colorado corporation, dated May 3, 2005, and recorded July
6, 2oo5, as Reception No.512oft
11. Terms, conditions, provisions, agreements and obligations specified under the Holy
Cross Energy Contract for Electric Service dated May 3, 2005, and recorded July 6, 2005, as
Reception No. 512083.
And the Grantor shall and will WARRANT AND FOREVER DEFEND the above described
premises, in the quiet and peaceable possession of the Grantees and the heirs, successors and
assigns of the Grantees, against all and every person or persons claiming the whole or any part
thereof.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
McLain Flats, LLC
Michelle lfubbarZt, authorized member
State of C )
) ss.
County of
The foregoing Warranty Deed was duly executed and ackn
May 2o1o, by Michelle Hubbard as authorized member of
Witness my hand and official seal.
My commission expires: ,P 11. 1 uj,'a-
JU0011
Notary
Page 3 of 3
d before me this A&ky of
Flats, LLC.
F iCEOSIr
ATTACHMENT 2
Authorization to Represent
000012
BRADLEY SCHLOSSER
1309 Elton Lane
Austin, TX 78703
May 2, 2013
Pitkin County Community Development
130 South Galena Street
Aspen, CO 81611
RE: Lot 19, Block 1, WHITE HORSE SPRINGS, According to the Plat thereof
recorded February 2, 1977 in Plat Book 5 at Page 66, as Reception No. 192256,
County of Pitkin, State of Colorado - Parcel ID No. 26432700066
Please accept this letter as authorization for Richard Y. Neiley, Jr. and Neiley & Alder,
Attorneys, to represent my wife Kimberly and me in connection with a Land Use Application for
activity envelope and site plan approval and TDR Landing Site approval for the above -
referenced property.
Bradley Schlosser
000013
ATTACHMENT 3
Hearing Officer Determination No. 01 -2002
000014
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITW N COUNTY, COLORADO, APPROVING THE ELSA MITCHELL
1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION, SPECIAL REVIEW AND GMQS
EXEMPTION
Determination No. QJ_ 2002
RECITALS
1. Elsa Mitchell ( "Applicant ") has 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 a caretaker dwelling unit.
2. The parcel is located on McLain Flats Road, and is more specifically described as Lot 19, Block 1,
White Horse Springs Subdivision.
3. The parcel contains approximately 6.45 acres and is a nonconforming size parcel in the"RS-120reone
district.
4. The parcel was legally created and configured prior to May 8, 1972, and, therefore, is exempt from
growth management for up to 5,750 square feet of floor area. The original subdivision was not approved by
the Board of County Commissioners ('BOCC"), but the BOCC granted speoialreviewepprovaItoseparate
,parcels 48 andi9,° Block- 4-" itMorseSpr angsrpursuantioResolution No. 77 -7S, which determined that
each parcel was separately developable
5. The Hearing Officer considered this application at a duly noticed public hearing on January 29,
2002, at which time evidence and testimony were presented with respect to this application.
6. The Hearing Officer finds that the proposed building envelope is located on sloposioNess3han )5°p,
that the wildfire hazard withinthe-envelopeisiated as low and can be mitigated, and that the location of the
envelope adjacent tornuledocravinterrangeoatlbp glitjgajed.
7. The Hearing Officer further finds that the application complies with the applicable provisions of the
Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development
Hearing Officer that he does hereby approve the Elsa Mitchell 1041 Hazard Review, Conceptual
Submission, Special Review and GMQS Exemption for a caretaker dwelling unit, subjectto the following
conditions, which shall run with the land and be binding on all successors in interest.
1, Prior to submission of any earthmoving, access, or building permit applications, the Applicant shall
submit a 1041 Hazard Review Site Plan to the Community Development Department for approval
and recording. The site plan/plat shall also be submitted in digital format for integration into the
County's GIS system. The ntylar copy of the site plan/plat must he signed by the owners prior to
submittal for recording. The site plan shall be amended as follows:
A. Delineate a "development envelope" between the building envelope and the front (east)
property line, within which only the septic system or landscaping may be located.
ODUO15 SI 1111111111111111111111 111111111111111111111111a 46400 212:53P
0 5
Hearing officer Determination No. _-2002
Page 2
2. Prior to submittal of a septic permit, the Applicant shall provide a letter of intent to serve from the
White Horse Springs Water District to the Environmental Health Department.
3. Prior to submission of any building permit applications, the Applicant shall:
ODUOIfi
A. Obtain an access permit for the driveway, which shall be approved by the County Engineer
and the Community Development Department.
B. Obtain fireplacelwoodstove permits from the Community Development Department, if
necessary.
C. Submit a drainage and erosion control plan for review and appoval by the County
Engineer.
D. if the residence exceeds 5,000 square feet, submit a Traffic and Parking Management
Plan in accordance with the Asset Management Plan for review and approval by the
County Engineer.
E. Submit a landscaping plan, which specifiesvegetational screening of the west side of the
building envelope to minimize the effects of increased human activity on wintering mule
deer, The plan shall be reviewed and approved by the County's Wildlife Biologist and
the Community Development Department,
F. Submit an application and gain approval for a Scenic Overlay Review, pursuant to Section
3 -60 -040 of the Land Use Code, once plans for the proposed residence have been prepared.
4. Prior to issuance of any building pennit-applications, the Applicant shall:
A. Pay the applicable road impact fee.
B. Obtain approval of a septic permit to install an individual sewage disposal system from the
Environmental Health Department. The system shall be located within the approved
building or development envelopes, and must comply with the setback requirements from
surface and groundwater sources. A qualified professional engineer must design the
system.
51 Prior to submission of a building permit for a detached or attached caretaker dwelling unit, the
Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction.
Floor plans of the unit shall be provided to the Housing Office when the deed restriction is
submitted. The caretaker dwelling unit shall be limited to 700 net livable square Eet, and the kitchen
shall contain a minimum of a two-bumer stove with oven, standard sink, and a 6 cubic foot
refrigerator plus freezer.
6. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, Housing and
Community Development staff shall inspect the unit.
7. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Dogs shall be kenneled.
B. Native vegetation shall be maintained outside of the building and development
envelopes.
C. Provide waste storage that complies with BOCC Ordinance No. 010 -2001. Verification
( �II�I�IIIIIII�IIIIIIIIIlIIIIIIIIIIIIIIII�IIIIIIIII 464053 iz:eaP
SILVIA DAVIS PITNIN COUNTY 00 R 0.00 D 0.00
Ut71�O1�
Hearing Officer Determination No. _-2002
Page 3
of compliance shall be provided prior to issuance of a certificate of occupancy.
D. Fencing shall be prohibited outside the building or development envelopes, except as
required to control livestock.
E. Avoid fruit - bearing trees and shrubs in any landscaping.
F. -_ Activities -below the seasonal high groundwater table, decreases in infiltration and
diversions of surface and ground water flows with drainage ditches or fill shall be
prohibited outside the building envelope.
G. An orange safety fence shall be installed around the building site to prevent any
unnecessary vegetation disturbance during construction.
U. Landscaping shall include vegetational screening of the west side of the building
envelope to minimize the effects of increased human activity on wintering mule deer.
8. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Structures shall be located a minimum of 30 feet from the edge (top) of the ride.
B. For a distance of 15 feet around all structures, maintain vegetation at a height of b" or less
with mowed grass, low growing perennials or hardscape. Woody vegetation shall not be
planted within this perimeter.
C. For a distance of 100' around all structures, thin and clump existing Gambel
oak/serviceberry. The diameter of remaining clumps shall be no larger than 2 times the
height of the existing shrubs. The area between clumps shall be 3 times the height of the
existing plants.
D. Remove the lower limbs of all remaining shrubs up to half the total height of the plant.
E. Remove all deadfall within 100 feet of all structures.
F. The Applicant shall be responsible for the continued maintenance of the defensible space
requirements.
9. The Applicant shall comply with the following additional wildfire mitigation standards:
A. Roofs shall have a nosh- combustible roof covering on a Class A assembly. Wood
shake /shingle roof coverings are prohibited in all wildfire hazard areas, Roofs with less
than a 3:12 pitch are not permitted in 1041 Wildfire Areas unless they comply with the
following:
1) All roof coverings shall be noncombustible materials as defined in the Uniform
Building Code (UBC) 1997 Section 1504 and installed on a Class A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of
clearing the roof.
3) All roof designs shall facilitate the natural process of clearing roof debris.
Protrusions above the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a
minimum slope of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved
by the Fire Marshal prior to submittal of a building permit application. --
B. Vents shall be screened with corrosive resistant wire mesh with mesh %. inch maximum,
C. Roofs and gutters shall be kept clear of debris.
464053
11111111111111111111111111111111111111111111111111111 P 02 12:53P
SILVIA DAVIS P17NIN COUNTY CO R 0.00 a 0.0e
000013
Hearing Officer Determination No. -2002
Page 4
D. Yards shall be kept clear of all litter, slash, and flammable debris.
E. All flammable materials and firewood/wood piles shall be stored on a parallelcontour 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 abovo
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. New utility lines shall be buried within the driveway.
10. The Applicant shall comply with the codes and requirements ofthe Aspen Fire Protection District,
including installation of an approved fire sprinkler system and adequate access and provisions for
turning around fire department apparatus.
11. Exterior lighting shall comply with the County's lighting regulations in effcet at the time of
installation.
12. No development, including grading, excavation, fill plaacment,berming, landscaping, vegetation
removal or disturbance, or septic system shall occur outside of the approved building and
development envelopes, except to comply with the required wildfire mitigation. Only landscaping
and the septic system may he located within the development envelope; no structures shall be
constructed within the development envelope.
13. 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.
14. The floor area shall be limited to a maximum of 5,750 square feet exempt from growth
management. Floor area shall be calculated based on the definition in effect at the time of
building permit application.
15. 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.
16. 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 29, 2005.
ILMA IDAVIS I�III TIKI COUNTY C�III illl a
02/15/2002 812:53P
Hearing Officer DeterYninalion No. _ -2002
Page 5
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
l7th day of November, 2001.
- -- APPROVED AND ADOPTED this 20 day of January, 2002._ -- - -
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the day of _jLM)St, 2002.
ATTEST:
Isabel Calderon, Administrative Assistant
APPROVED AS TO FORM:
John Ely,
Cou ey
NMI
PIDN264327400006
000019
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
James R. True, Hearing Officer
Date ti / I / _?
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
III II VIII IIIIII IIII II II Ill VIII III VIII II I IIII 464 053 12 :53P
Page: 5 of 5
SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00
f
000020
ATTACHMENT 4
Elsa Mitchell 1041 Hazard Review Map
000021
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ATTACHMENT 5
Improvement Survey Depicting Existing Conditions
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ATTACHMENT 6
Architect's Renderings of Proposed Addition
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ATTACHMENT 8
List of Adjacent Property Owners
000034
LIST OF ADJACENT PROPERTY OWNERS
Lot 5
Fredrick Charles Bond Rev. Trust
3880 4ch Avenue East
Shakopee, MN 55379
Lot 7
K & R Properties of Aspen, LLC
15852 N. 81s` Street
Scottsdale, AZ 85260
Lot 12
Fred M. Abrams
Penny S. Abrams
Family Q prt
c/o Todd Kennedy, Esq.
27256 N. 97`h Place
Scottsdale, AZ 85262 -8438
Moore Family Ranch Properties, LLC
P. O. Box 126
Woody Creek, CO 81656
Pitkin County Open Space and Trails
530 East Main Street
Aspen, CO 81611
UUUU35
ATTACHMENT 9
Pre - Application Conference Summary and Fee Agreement
000036
PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY
LOCATION: 1990 McLain Flats Road — White Horse Springs Subdivision - Block 1 Lot 19 PID #: 264327400006
OWNER: Bradley and Kimberly Schlosser
REPRESENTATIVE: Rick Neiley EMAIL and PHONE: aspenlaw(a sopris.net, 925 -9393
DATE: March 19, 2013 PLANNER: Mike Kraemer, 920.5482
Type of Application: Activity Envelope and Site Plan Review and Special Review for a TDR Receiver Site for
Additional Floor Area.
Description of Project/Development: The Applicant is requesting Special Review approval for a TDR Receiver site to
expand an existing residence up to 8,250 square feet. The parcel received 1041 Hazard Review approval pursuant to
Hearing Officer Determination No. 01 -2002. The building envelope was recorded at BK 60 PG 45. The Applicant states
that the addition will be located within the previously approved building envelope.
Land Use Code Sections to be addressed in letter of request (application):
Sec. 2- 30- 30(h): One -Step Special Review Criteria for TDR Receiver Site;
Sec. 2- 30- 20(g)2: Site Plan and Activity Envelope
Sec. 7- 20 -20: Steep and Potentially Unstable Slopes
Sec. 7- 20 -60: Wildfire Hazard (mapped within a medium wildfire zone)
Sec. 7- 20 -70: Wildlife (general standards)
Sec. 7- 20- 120(d): Scenic View Protection
Sec 7 -20 -130: Landscaping and Vegetation Protection
Sec. 7 -20 -140: Lighting
Staff will refer the application to the following agencies: Aspen Fire Protection District, White Horse Springs HOA, and
Environmental Health (EH).
Review by: Hearing Officer.
Public Hearing: Yes. The Applicant shall post a public notice sign on the property at least 15 days prior to the date
specified for the Public Hearing pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall
mail notice (by I" class mail) to all property owners and mineral estate owners within 300' of the subject property with
the return address of the Community Development Department (form of notice to be obtained from the Community
Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they
appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall
have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development
Department.
FEES: $5,301 (make check payable to " Pitkin County Treasurer ")
Planning Office flat fee: $4,680 Non - refundable; based on 15 hours of staff time. If staff review time exceeds 18
hours, the Applicant will be charged for additional time above 15 hours at a rate of $312 /hour).
Public notice fee: $54
Web Technology Fee: $25
EH review Fee: $542
To apply, submit 2 copies (1 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. Standards report as designated in Section 2.2.11 and 2.2.19 of the Pitkin County Land Use Application Manual;
000037
3. 11" by 17" and 24" by 36" Site Plan as designated in Section 2.1.12 of the Pitkin County Land Use Application
Manual;
4. Previous Land Use Approvals (if applicable);
5. Proof of ownership of subject property;
6. Parcel description, including legal description and vicinity map;
7. Total fee for review of the application;
8. Signed fee agreement (1 copy);
9. Consent from owner(s) to process application and authorizing the representative (1 copy)
10. List of all property and mineral estate owners within 300' feet of the subject property (1 copy)
11. Copies of this pre -app form
NOTES:
r PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION PLEASE SUBMIT TWO -
SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE
INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION
Y ALL MAPS SHALL BE FOLDED.
'r Thispre- application conference summary it advisory in nature and not binding on the County. The information provided in this
summary is based on current zoning standards, fee's, and staff's interpretations based upon representations of the applicant.
Additional information may be required upon a complete review of the application.
'r The Pitkin County Land Use Code and Application Manual are available on -line at /111(7 � 11m it isnernmtAm com'depi. ;,- nlamm�e.chn
OU0038
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter "COUNTY ") and
(hereinafter "APPLICANT ") AGREE AS FOLLO
APPLICANT has
)UNTY an,�pplication for �I )V 1"j
'�yQ?y(�l e'i'einafter, 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 COUNTYz' \p� �" \Vb' \yU��\ CJelv���,j�(•
( "APPMCANT ") 1
Cindy Houben
Community Development Director
® iilnr}
i J ..,
By:
Print Name and Title (if applicable)
Date: ZC Kl
Ma' ing Address: L' ) ' �7
Y
ATTACHMENT 10
Draft Activity Envelope and Site Plan
000040
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on July 16, 2013, the Hearing Officer of
Pitkin County granted approval for the Schlosser Activity Envelope, Site Plan Review, and Special
Review for a TDR Receiver Site for Additional Floor Area (Determination No. 06 -2013; Case No.
P044 -13). The property is located at 1990 McLain Flats Road and is legally described as Lot 19.
Block 1, White Horse Springs Subdivision. The State Parcel Identification Number for the
property is 2643 - 274 -00 -006. This site - specific development plan grants a vested property right
pursuant to Title 24, Article 68, Colorado Revised Statutes.
s /Tom Smith
Hearing Officer
Pitkin County, Colorado
Published in the Aspen Times Weekly, on August 8, 2013.
PUBLIC NOTICE
RE: Schlosser Activity Envelope, Site Plan Review, and Special Review for a TDR
Receiver Site for Additional Floor Area (CASE P044 -13)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 16,
2013 to begin at 3:00 P.M., or as soon thereafter as the conduct of business allows, at the
Library Meeting Room, 102 North Mill Street, Aspen, before the Pitkin County Hearing
Officer, to consider an application submitted by Bradley and Kimberly Schlosser (1309
Elton Lane, Austin, TX 78703) requesting Special Review approval for a TDR Receiver
site to expand an existing residence up to 8,250 square feet of floor area. The property
is located at 1990 McLain Flats Road and is legally described as Lot 19. Block 1,
White Horse Springs Subdivision. The State Parcel Identification Number for the
property is 2643 - 274 -00 -006. The application is available for public inspection in the
Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611.
For further information, contact Mike Kraemer at (970) 920 -5482.
s /Tom Smith
Pitkin County Hearing Officer
Published in The Aspen Times Weekly on June 13, 2013.
Attention Applicant/Representative:
It is your responsibility to do the following:
1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least
30 days prior to the hearing with the return address of the Community Development
Department. The names and addresses shall be those on the current tax records of Pitkin
County as they appeared no more than 60 days prior to the date of the public hearing
2. Submit the Affidavit of Notice (Code Section 2 -20 -100) by Posting & Mailing (previously sent
to you with your applicant letter) as proof of compliance with the Code at the hearing.
3. Pick up Public Notice sign from the Pitkin County Community Development Department,
130 South Galena Street, Aspen, CO (970) 920 -5526
4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing
5. Remove the Public Notice sign within one week after hearing date
http: / /www.aspenpitkin.com/ Portals /0 /docs /county /Come20Dev /Planni
ng /Land Use Applications /P044 13 app.pdf
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2 -20 -100
I, Richard Y. Neiley, Jr., being or representing an
Applicant to the Pitkin County 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:
1. By mailing of notice, a copy of which is attached hereto, by first- class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to all owners of property within 300' to the subject property,
as indicated on the attached list, on the 14" day of June, 2013 (which is 32 days prior to the public
hearing date of July 16, 2013). 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
least 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 N /A, 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 conspicuous place on the sub' ct property (as it could be seen from the nearest
public way) on the 27th day of June, 2013, which i at east fifteen (15) days prior to the public
hearing. A photograph of the posted sign is attach d hh eto.
Bradley and Kimberly Schlosser
Applicant's name
(Attach photograph here)
G:\counWo&=\forms affidavit
o-� 3
Signed before me this 16`h day of July,
2013 by
Richard Y Neiley, Jr.
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: lo--
Notary Public
Notary Public's Signature I f COWE X
LIST OF ADJACENT PROPERTY OWNERS
Lot 5
Fredrick Charles Bond Rev. Trust
3880 e Avenue East
Shakopee, MN 55379
Lot 7
K & R Properties of Aspen, LLC
15852 N. 815` Street
Scottsdale, AZ 85260
Lot 12
Fred M. Abrams
Penny S. Abrams
Family Q prt
c/o Todd Kennedy, Esq.
27256 N. 971h Place
Scottsdale, AZ 85262 -8438
Moore Family Ranch Properties, LLC
P. O. Box 126
Woody Creek, CO 81656
Pitkin County Open Space and Trails
530 East Main Street
Aspen, CO 81611
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PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX4 (970) 920 -5439
May 15, 2013
Rick Neiley
201 North Mill Street, Suite #201
Aspen, CO 81611
Aspenlaw @sopris.net
Re: Schlosser Activity Envelope, Site Plan Review, and Special Review for a TDR Receiver Site
for Additional Floor Area (PID 2643 - 274 -00 -006; Case P044 -13)
Dear Mr. Neiley
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
We have scheduled this application for review at a public hearing by the Pitkin County Hearing Officer on
Tuesday, July 16, 2013, at a meeting to begin at 3:00 p.m. in the Library Meeting Room, 102 North Mill
Street, Aspen, Colorado. Should this date be inconvenient for you, please contact me within 3 working days
of the date of this letter. After that the agenda date will be considered final and changes to the schedule or
tabling of the application will only be allowed for unavoidable technical problems. The Friday before the
meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at
the Planning Office. Please be aware that the Hearing Officer will be billed at $225 per hour.
Please note that it is your responsibility to post a public notice sign on the property at least 15 days prior to
the hearing (and remove it within one week after) and to mail notice to all property owners and mineral
estate owners within 300' of the subject property at least 30 days prior to the hearing with the return
address of the Community Development Department (copy of notice will be mailed to you by the
Community Development Department). The names and addresses shall be those on the current tax
records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing.
Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code
at the hearing.
If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit (Code Section 2 -20 -100)
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920 -5526 FAX (970) 920 -5439
MEMORANDUM
TO: Aspen Fire Protection Department
Environmental Health
White Horse Springs Homeowners Association
FROM: Mike Kraemer, Community Development Department
Michael.kraemer2co.pitkin.co.us
RE: Schlosser Activity Envelope, Site Plan Review, and Special Review for a
TDR Receiver Site for Additional Floor Area
(PID 2643 - 274 -00 -006; Case P044 -13)
DATE: May 15, 2013
Attached for your review and comments are materials for an application submitted by
Bradley and Kimberly Schlosser. The Pitkin County Hearing Officer will review the
application on Tuesday, July 16, 2013.
Please return your comments to me by Friday, June 16, 2013.
http: / /www aspenpitkin com/ Portals /0/ dots /county /Com %2ODev /Planning/Land Use Ap
plications /P044 13 app.pdf
Thank you.
- - EI EM ANDUM
To: Mike Kraemer
From: Kurt Dahl, Environmental Health Department
Date: June 16, 2013
Re: Schlosser Activity Envelope, Site Plan Review, and Special
Review for a TDR Receiver Site for Additional Floor Area
(PID 2643 - 274 -00 -006; Case P044 -13
SUMMARY OF RELEVANT PARTS OF APPLICATION: The applicant is requesting site plan
approval for an addition to an existing single family residence.
DISCUSSION: The Pitkin County Environmental Health Department has reviewed the details of
the Schlosser activity envelope, site plan review and special review for a TDR application under
the authority of the Pitkin County Land Use Code and the Pitkin County Onsite Wastewater
Treatment System (OWTS) Regulation and has the following comments.
- -- WATER SUPPLY:
The residence will be served drinking water by the White Horse Springs District.
- -- SEWAGE TREATMENT AND COLLECTION:
An existing OWT system was approved for 5 total bedrooms (permit # 05093) on July 27, 2006.
The addition sketch included in the application indicates an additional bedroom will be added. If
the total bedroom count after the addition will be more than 5 bedrooms, the OWT system will
have to be added to. The definition of a bedroom for OWT system sizing purposes can include
other rooms that are not listed as bedrooms on the building plans (i.e. office). Please contact the
environmental health office for specific details on sizing requirements once plan of the addition
have been completed. A permit from this office will be required for an addition to the OWT
system.
10-C I
UUUUG8
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00034528
Name: Bradley F Schlosser Date:8/21/2013
Project Address: 1990 MCLAIN FLATS RD
Type:
Permit Number
0044.2013.PLAN
", I
check # 9884
Fee Description
PP- Hearing Officer Fee 1
Total:
Amount
160.00
160.00
Communitv Development
130 S Galena St
Third Floor
Aspen, CO 81611
970 - 920 -5109
0.30
0.50
of I
To: Bradley & Kimberly Schlosser
1309 Elton lane
Austin, TX 78703
Peirce & Smith, P.C.
7/12/2013
7/16/2013
Due upon
Review Staff Memo
Conduct hearing re: Schlosser application
Date: June 21, 2013
Case Number P044 -13
200.00 60.00
200.00 100.00
Subtotal $ 160.00
Sales Tax
Total $ 160.00
Make all checks payable to Pitkin County Treasurer
Thank you!
130 S Galena St Third Floor Aspen, CO 81611
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00034008
Name:
Bradley F Schlosser
Date:5/13/2013
Project Address:
1990 MCLAIN FLATS RD
Type:
check # 9674
Permit Number
Fee Description
Amount
0044.2013.PLAN
PP- Flat Fee
4,680.00
0044.2013.PLAN
PP- Clerk Tech Fee
25.00
0044.2013.13LAN
PP- Public Notice Fee
54.00
0044.2013.PLAN
PP- EH &NR Referral Fee
542.00
Total: 5,301.00
SCALE
I INCH - 40 FEET
0 20 40 60 80
CONTOUR INTERVAL IS 2 FEET
U.S. SURVEY FOOT
NO. 5 RE -BAR
CURVE DELTA ANGLE RADIUS ARC CHORD CHORD BEARING
C 1 61 013'33` 118.53' 126.66' 120.72' S 46 031'49 "W
LINE BEARING DISTANCE
L I S 21 °50'45"E 13.67'
S 82024-17-E
---�_ FENCE 429.89
�N PRpETY LINE
10' HOLY CROSS ENERGY UNDERGROU
ALONG A BURIED ELECTRIC LINE SH
DRIVEWAY. RECEPTION NO. 512082
NO. 5 RE -BAR
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AREA - 6.447 ACRES +/- 14111
NO. 5 RE -BAR TRAIL?
N 87 °02'25 "yy 542.10'
FENCE ON PROPERTY LINE
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE
CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE
SURVEYOR.
LOT 17
n
NO. 3 RE -BAR
I�
1
ENVELOPE AND
'� .III I l HOD � in
S ITE I
S PEI`%' I NG S
AMENDED LOT 21 aR,vE
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NO. 5 RE -BAR
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.475-
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N 77 x77°
!
22' ACCESS & UTILITY EASEMENT
PER AGREEMENT RECORDED IN
BOOK 350 AT PAGE 864
ASPHALT DRIVEWAY
m
PASTURE EASEMENT AGREEMENT
SEE BOOK 350 AT PAGE 866
PLOtAG
FeN CE BOUNDPR`i
LOT
SOUTHEAST CORNER
SECTION 27 T9S R85W
1913 GLO BRASS CAP
DISTURBED
DEVELOPMENT ENVELOPE
WITHIN WHICH ONLY THE ACCESS UTILITIES, SEPTIC
SYSTEM AND LANDSCAPING MAY 6E LOCATED. NO STRUCTURES
WILL B6 ALLOWED.
VICINITY MAP
r1t"
0
1
I
LEGEND AND NOTES
O FOUND SURVEY MONUMENT AS DESCRIBED
A SURVEY CONTROL
TITLE INFORMATION FURNISHED BY:
ATTORNEYS TITLE GUARANTY FUND, INC.
COMMITMENT NO. PC201001000285 FILE NO. PCI0002735
DATED: 1/8/2010 AT 7:45 A.M.
FIRE HYDRANT
QS UTILITY POLE
1041 HAZARD REVIEW PLAT PLAT BOOK 60 AT PAGE 45 USED
FOR BUILDING ENVELOPE LOCATION
❑ WHITE POST
POSTED ADDRESS "1990"
RECEPTIONM 603159, 09/05/2013 at
10:57 :02 AM, 1 OF 1, R $11.00 Janice K.
Vos Caudill, Pitkin County, CO
PLAT l3K 104 PG 37
THIS SCHLOSSER ACTIVITY ENVELOPE AND SITE PLAN HAS BEEN REVL�WED
ACCEPTANCE FOR RECORDING
THIS SCHLOSSER ACTIVITY ENVELOPE AND SITE PLAN MAP IS ACCEPTED FOR FILING
IN E OFFICE OF T E CLERK A14D RECORDER OF PITKIN COUNT OLORADO THIS
DAY OF ® erAA 20 3, IN PLAT BOOK AT PAGE
AS RECEPTION NO. vu /14 13
LEGAL D E S C R I P T I O N v C�eRt� 7J� P
OF
LOT 19, BLOCK I, WHITE HORSE SPRINGS, MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
A TRACT OF LAND SITUATED IN LOT 17 OF SECTION 27, TOWNSHIP 9 SOUTH,
RANGE 85 WEST OF THE 6th PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE SOUTHEAST CORNER OF SAID SECTION 27 BEARS
S. 49 °11'34" E. 2,654.63 FEET:
THENCE S. II °24'30" E. 582.69 FEET:
THENCE N. 87 °02'55" W. 542.10 FEET TO A POINT ON THE EASTERLY LINE OF THE
VAN CLEAVE PLACER, BEING U.S. MINERAL SURVEY NO. 6832:
THENCE NORTH 600.00 FEET ALONG THE EASTERLY LINE OF SAID VAN CLEAVE PLACER:
THENCE S. 82 °24'17" E. 429.89 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH A PERPETUAL, NON - EXCLUSIVE EASEMENT AND RIGHT -
OF -WAY FOR ROAD AND UNDERGROUND UTILITY PURPOSES, SAID
EASEMENT BEING LOCATED ON LOT 18, WHITE HORSE SPRINGS,
SITUATED IN LOT 17 OF SECTION 27, TOWNSHIP 9 SOUTH, RANGE 85
WEST, 6th P.M. AND BEING 22 FEET IN WIDTH LYING 10 FEET
NORTHERLY AND 12 FEET SOUTHERLY OF THE FOLLOWING DESCRIBED
CENTER LINE:
BEGINNING AT A POINT ON THE WESTERLY LINE OF THE EXISTING
COUNTY ROAD, SAID POINT OF BEING ON THE EASTERLY LINE OF LOT
18 WHENCE THE NORTHEAST CORNER OF LOT 18 BEARS:
N 21 °50'45"W 13.67 FEET:
THENCE ALONG SAID CENTERLINE S 77 008'35 "W 378.72 FEET:
THENCE 126.66 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS 118.53 FEET, THE CHORD OF WHICH BEARS:
S 46 031'48 "W 120.72 FEET, MORE OR LESS TO A POINT ON THE
WESTERLY LINE OF LOT 18. IT IS EXPRESSLY UNDERSTOOD THAT
THE NORTHERLY 15 FEET OF SAID EASEMENT SHALL BE USED FOR
ROAD PURPOSES AND THE SOUTHERLY 7 FEET THEREOF FOR
UNDERGROUND UTILITIES, AND THAT THE COUNTY ENGINEER MUST
APPROVE THE DESIGN OF THE ROAD AND ISSUE A DRIVEWAY PERMIT
THEREFOR.
PREPARED BY
ASPEN SURVEY ENGINEERS,
210 SOUTH GALENA STREET
ASPEN, COLORADO 81611
PHONE /FAX (970) 925 -3816
DATE JOB
8/13 31261D
INC.