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HomeMy WebLinkAboutpitkin.planning.246524400002, 246525100007DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and /or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) PARCEL ID: 2465- 244 - 00-00224 DATE RCVD: 8/31/2000 #COPIES: CAS E,0 P115 -00 CASE NAME:�Beadleston /Pietrzak Lot Line Adjustment Planners I Brian McNellis PROJ ADDR: 1 1676 E Sopris Creek Rd 1796 E Sopris Creek Rd Lots A & B Beadleston /Pi g OWN /APP:f Beadleston, Marina ADR�� C /S /Z:f = "PH' i REP:. Marina Beadleston ADR: ff76 East Sopris Cree C /S/Z: Basalt, CO 81621 PHN: 927 -6613 Email Addr. I ALLOCATED HOURS: —� FEES DUE: 460 + Eng. Hourl FEES RCVD: 460 ova OVER: REFERRALS Attorney, Zoning, Engineer - hourly REF: �8 /3 112 0 0 0 BY TKT DUE: 10/2/2000 MTG DATE REV BO_ DY PH NOTICED DATE OF FINAL ACTION: 10116/20( Admin No I BOCC Reso: F— INo F— BOCC Ord: �— REMARKS no vesting PZ: f HRG OFF: CLOSED: 10 /16/2000 BY:,TKT HO INDEX: I ADMIN: PLAT RECORDEDFu PLAT (BK,PG):+n /a ADMIN INDEX: I2( VR APPROVAL DATE: F- VR EXPIRES :F CASE TYP: Lot Line Adjustment CASE TYPE: CASE TYP2: 1 CASE TYPE: CASE TYP3: CASE TYP7: r— CASE TYP4: I Date Scanned: 5/21/13 File Location: FF Box #224 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING A SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT TO THE BEADLESTON AND PIETRZAK PROPERTIES Determination No. �2_-2000 RECITALS I. Marina Beadleston and Robert Pietrzak "Applicants ", have applied to the Community Development Director of Pitkin County, "Directof', pursuant to Section 3- 190 -030 of the Pitkin County Land Use Code ( "Code "), for a subdivision exemption for a Lot Line Adjustment to modify the property line between the Beadleston and Pietrzak properties, in order to install a well on the Beadleston property. 2. The properties are located at 1676 and 1796 E. Sopris Creek road and are more specifically described in attachments A and B. 3. The properties are zoned RS -30 PUD and contain 35 and 278 acres respectively. 4. The Director finds that the request is consistent with the requirements of the Land Use Code. APPROVED by the Director, subject to the following conditions: The applicant shall prepare an amended Lot Line Adjustment plat for the Beadleston and Pietrzak properties in accordance with Land Use Code Sections 5 -60 -040. The plat shall be submitted to the Community Development Department for approval and recording, prior to submission of any future building permit applications. The site plan shall also be submitted in digital format suitable for integration into the County's GIS system. The site plan shall be amended as follows: A. The Lot Line Adjustment plat shall be titled, `Beadleston/Pietrzak Lot Line Adjustment for Well Construction and Maintenance" U QO 0 O O 1 „�j �� t 1 111111 11111 448048 1 111111111111 1111 11111 111111 III 11111 1111 IN 10/18/2000 01:29P ADMIN DE DAVIS SILVI of 8 R 0.00 D 0.00 N 0.00.PITKIN COUNTY CO W 0 Administrative Determination No. �n_-2000 Page 2 B. The existing and proposed lot lines shall be depicted. C. A vicinity map shall be included. D. Include legal descriptions of the original lots, the parcels being transferred, and the resulting lots. E. Include the following language on the plat, "This Lot line adjustment is for the purposes of constructing a well as needed to supply domestic water to the Beadleston property. Under no circumstance shall this Lot Line Adjustment be construed to create a new parcel or development right. No construction, other than the construction of a well, shall be permitted on the portion added to the Beadleston property." F. The signature block for the Community Development Director shall be amended to read, "This lot line adjustment has been reviewed and approved by the Community Development Director this day of 2000, subject to Administrative Decision No. recorded as Reception No. _in the records of the Pitkin County Clerk and Recorder." 2. The applicant shall obtain all necessary permits from the Engineering Department, for construction in the East Sopris Creek Road right -of -way, prior to well construction. The Applicant shall adhere to all material representations made in the application, and shall consider those representations to be conditions of approval. 111111111111111111111111111111111111111III 111111111IN 448049 10/18/2000 M 29P ADMIN DE DAVIS SIIVI 2 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO UUUU02 Administrative Determination No.!5-�-2000 Page 3 APPROVED by the Director, this /� day of (0 4 • 2000. Cindy Houben, Community Development Director P1D# 246524400002/246525100007 P115 -00 111111111111111111111111 "11'111'111111III"I"1111IN 448048 10/18/2000 01:29P RDMIN DE DAVIS SILVI 3 of,8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 0000'3 3 • • .477,44w44G.N7- , // EXHIBIY "A" LEGAL DESCRIPTION A tract of land situtated in the N1/2SE1 14 of Section 24, T 8 S., R. 87 W., 6th P.M., more particularly described as follows Beginning at the East 1/4 comer of said Section 24, thence S. 00 °03'09" E. along the East line of the SE1 /4 of said Section 24, 570.20 feet; thence S. 81 °40'00" W. 2099.25 feet to a point on the Easterly line of the existing County Road; thence N. 00 °54'50" W. and along said Easterly line 456,19 feet to a point of curve; thence continuing along said East right of way line an a curve to the left with a radius of 605.64 feet and a central angle 20'33'14" an arc distance of 217.26 feet to a paint of compound curve; thence continuing along said East right of way line on a curve to the left with a radius of 573.26 feet and a central angle of 15 °12'20" an arc distance of 162.14 to a point of tangent; thence continuing along said East right of way line N. 37 °40'44" W.79.20 feet to the intersection of said line with the North line of the SEt /4 of said Section 24; thence N. 89 °55'16" E. along said North line 2253.98 feet to the point of beginning. 11111111111111111111111111111111111111111111111111 IN 448046 10/18/2000 01:29P ADMIN DE DAVIS SILVI 4 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 1111111111111111111111111111 HIM 11111 1111111111111 IN 444434 08/22/2008 11.03A MD DAVIS SILVI 2 of 3 R 16.00 D 120.00 N 0.00 PITKIN COUNTY CO 000004 .ii CoS_Ititr. i:.n? FEE,�M43� QQQ "o'n`o`'• rv,ii4 ;.,1.982 DEED " THIS DEED, Made this r �' 'ay of /L'c • ••:-n r' ._ f ,',}982p6etween N. ern of the County of Cock and State of Illinois, oE{he i -jFSt part;,' , Robe. 'Firg1usan Ptetrzak, whose address is: Weld County ggad $'; iDngmowth aY Colorado 80501, of the County of Weld and State of Colorado, FOf theme secnd part: !� .:I WITNESSMil, That the said Party of the first part for and in consideration of the sum of Ten Dollars and other good and valuable consideration to the said party of the first part in hand paid by the said parties of the record part, the receipt whereof is hereby confessed aid ackncwledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said parties of the second part, their heirs and 'i assigns forever, all the following described parcels of land, situate, lying • and being in the County of Pitkin and State of Colorado, to wit: W., 6th P.M. Section NE1 4SW NW1 /4SE1/4, E1/25E1/4 Section 25: E1/2NE1/4 , ( and so much of the SW1 /4SE1 /4 of Section 24 and the NW1 /4NE1 /4, SW1 /4NE1 /4 . j and SE1 /4NW1/4 of Section 25, T. 8 S., R. 87 W., 6 *_h P.M., as lies to the East of a line described as follows: ._; Beginning at a point on the Nord erly line of the Se71 /4SE1 /4 of said " Section 24, whence an icon post with a brass cap, found in place and ( properly marked for the Quarter Corner canron to Sections 24 and 25 bears: { S. 19'04'53" W. 1389.87 feet; thence along said centerline, S. 00'18116" - 1 E. 399.47 feet; thence ;32.61 feet along the are of a carve to the left, ' having a radius of 935.96 feet, the chord of which bears: S. 04'50'56" E. 132.47 feet; thence S. 09'23'36" E. 125.80 feet; thence 136.32 feet along the arc of a curve to the right, having a radius of 243.46 feet, the chord ems.. of which bears: S. 06 °38152' W. 134.55 feet; thence S. 22'41'19" W. 45.21 feet; thence 88.50 feet along the arc of a curve to the left, having a - - -�+ radius of 252.37 feet, the chord of which bears S. 12 °38'33" w. 88.05 feet; thence S. 02'35'48" W. 129.28 feet; thence 49.89 feet along the we yo of a curve to the left, having a radius of 303.86 feet, the chord �of which a V bears; S. 02'06124" E. 49.83 feet; thence S. 06'48'36" E. 248.16 feet; - n thence 240.03 "feet along the arc of a curve to the left, having a radius W „Z„ of 227.86 feet, the chord of which hears: S. 36'59118" E. 229.08 feet; o ac thence S. 10'22'36" W. 232.07 feet; thence 97.38 feet along the arc of a z I.- curve to the right, having a radius of 112.09 feet, the chord of which �=� = n• bears: S. 35'15'47" W. 94.34 feet; thence S. 60 008'59" W. 321.84 feet; as �- a 49 thence 113.65 feet along the arc of a curve to the left, having a radius m of 66.97 feet, the chord of which bears: S. 11'32'15" W. 100.50 feet, �m thence S. 37'04130" E. 27.69 feet; thence 69.63 feet along the arc of a �a = curve to the right, having a radius of 275.96 feet, the chord of which bears S. 29'50'48" E. 69.44 feat; thence S. 22 °37'06" E. 122.33 feet; m m thence 167.20 feet along the arc of a curve to the right, having a radius W�- to m of 167.50 feet, the chord of which bears: S. 05 °58'44" W. 160.35 feet; thence S. 34'34'35" W. 742.61 feed thence 138.58 feet along the arc of a N m curie to the left, having a radius of 397.81 feet, the chord of which 00 m betas: S. 24 035147" W. 137.88 feet; thence 119.35 feet along the arc of a curve to the right, having a radius of 468.91 feet, the chord of which bears: S. 21'54130" W. 119.03 feet; thence 39.26 feet along the arc of a tn °� curve to the left having a radius of 83.57 feet, the chord of which bears: Q S. 15'44132" w. 38.90 feet; thence 106.91 feet along the arc of a curve to R-� m u low= the right, having a radius of 218.71 feet, the chord of which bears: S. a 13'16120" W. 106.26 feet; thence S. 24'15'41" W. 58.30 feet; thence 47.20 a feet along the arc of a curve to the left, having a radius of 149.53 feet, the chord of which bears: S. 16'2210 2" W. 41.07 feet; thence S. 08 °28'23" - W. 103.45 feet; thence 126.77 feet along the arc of a curve to the left, - - having a radius of 489.92 feet, the chord of which bears: S. 01'03137" W. ". 126.42 feet; thence S. 06'21109" E. 206.98 feet, more or less to the UU v Southerly line of the SE1 /4NW1 /4 in said Section 25. ' EXCEPTING therefrom the following: }_ A tract of land situated in Sections 24 and 25, Township 8 South, Range 97 a , �r .a,J P' t'I `9'f 4.3r 632 s. . j S i i arf J U M _yH �V1Z �av _o= W ►( �Md c m —a to d0 �NZ B to m �CDm �N� � to to CD a ao a ro ,« ,.:000006 3•a Beginning a a point on the East line of said Section 24 whence the East 1/4 corner of said Section 24 bears NO °03109" w, 2012.02 feet; thence 50'03109 "E, 627.31 feet along the Ear Lime of said Section 24 to the Southeast corner of said Section 24; thence 50'0106 "W, 1826.39 feet along the East line of said Section 25 to the Northerly right of way of the county road also known as Sopris Creek Road; thence N57'00'W 188.21 feet along said right of way; thence N36'00'W 123.00 feet along said right of way; thence N250001W 357.00 feet along said right of way; thence N39'001W 193.00 feet along said right of way; thence N23'00'W 137.00 feet along said right of way; thence N40'00'W 317.00 feet along said right of way; thence N78'00'W 467.00 feet along said right of way; thence N71*001W 300.00 feet clung said right of way, thence N51'00'E 1929.75 feet to the point of beginning. AND ALSO EXCEPTING therefrom: A tract of land situated in the 11 /2SE1 /4 of Section 24, T. 8S, R. 87W., 6th P.M., more particularly described as follows: Beginning at the East 1/4 corner of said Section 24; thence S. 00'03'09° E. along the East line of the SE1 /4 of said Section 24, 570.20 feet: thence S. 81'40'00" W. 2099.25 feet to a point of the Easterly line of the existing County road; thence N. 0054150" W. and along said Easterly line 456.19 feet to a point of curve; - thence continuing along said East right of way lire on a curve to the left with a radius of 605.64 feet and a central angle 20'33'14" an arc distance of 217.26 feet to a point of mound curve; thence continuing along said East Right Of Way line on a curve to the left with a radius of 573.26 feet and a central angle of 16 012120" an arc distance of 162.14 feet to a point of tangent; thence continuing along said East right of way line N. 37'40'44" W. 79.20 feet to the intersection of said line with the North line of the SG1 /4 of said Section 24; thence'N. 89'55116" E. along said North line 2253.98 feet to the point of beginning. - TOGETHER with all and singular the hereditamants and appurtenances thereunto belonging, or in any wise appertaining, and tie reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained Premises, with the hereditaments and appurtenances. M NAVE ACS TO FIXD tho said Premises above bargained and described, with the appurtenances unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, ad administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, their neirs and assigns, that at the time of ensealing and delivery of these presents he is well,seized of the Premises above conveyed, as of good, suro, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner aid form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, EXCEPT; Any and all unpaid taxes for years after 1981 and their assessments The right of the Proprietor of a vein or lode to extract and remve his ore therefrom, should the same be found to penetrate or intersect the Premises, as reserved in United States Patent recorded December 31, 1935 in Book 162 at page 458. - Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded December 31, 1935 in Book 162 at paqe 458. _q k: x r' f? 4a � RY . !yam i- -_M _J0 M a => q aU �GZ le M IL aa oelm —m Paz B _m Imo —N —Za a =m to a* —v `= m o v� r • P ?tcr.435 ?632 The following mechanic's or other liens or claims of liens: the statement of mechanic's lien Piled in Book 453 at page 249. Restrictions which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion, or national origin, as contained in deed from Charles P. Smith, Jr, and Margaret Lewis Smith to John N. Stern recorder] in Book 260 at page 339. Terms, conditions and obligations of Easement Agreement at set forth in instrument recorded July 21, 1976 in Book 314 at paje 547. Terms, agreements, provisions, conditions and obligations as set forth in affidavits recorded July 30, 1981 in Book 411 at page 904 and in Book 411 at page 903. Easement and right Of way for purposes as_ granted to Holy Cross Electric Association, Inc. by John N. Stern in the instrument recorded March 8, 1982 in look 423 at page 263 as Reception Cto. 239779. Easement and right of way for,road purposes as granted to Christin^ C. Schwartz by John Stern, Charles F. Smith, Jr. and Margaret L. Smith by instrument recorded Way 22, 1968 in Book 234 at page 703 as Reception No. 131056.' - Restrictions •hich Contain a forfeiture or revc ter clause, but omitting restriction, !f any, based on race, color religion, or national origin, as contained in deed from -John Stern,LCharles Smith Jr.'and Marggret -L. - Smith to Christine C. Schwartz dated May 6, 1968 and 'recorded May 22, 1968 in Book 234 at page 703 as Reception No. 131056. Reservation and exception of all coal and other minerals together with the right to remove, prospect for, and'mine:same as contained in Patent recorded December 21, 1938 in Book 162 on Page 458 as Reception No. 88192. Rights of the public in and to the County Road insofar as said road may affect the subject property. All applicable building, zoning and land use regulations. Any tax, assessment, fees, charges, or other effect of inclusion in any general or specific water conservancy, fire protection, soil conservation or oth-,r district or inclusion in any wa'_er service or street improvement area. . And the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part, shall and will RURANT AND FQIWER DEFEND. And further WITNESSETH, that, IN ADDITION to the above parcels of land conveyed with full warranty of title as provided above; the party of the first part, for additional valuable consideration received, has remised, released, sold, and conveyed and by these presents does.remise; release, sell, ard,convey unto the said parties of the second part, their heirs, successors and assigns, ll forever, athe right, title, interest, claim and demand which the said party of the:first part has in and to any and all minerals and mineral ,rights appurtenant to or in any way pertaining to the parcels of lard described first above. Except as stated below all warranties with respect to any minerals and mineral rights are disclaimed. TO HAVE AND TO HOLD the said minerals and mineral rights, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part) either in law oer equity, to the Only proper use, 0enefit and behoof of the the said parties of the second part, their heirs and assigns forever. F.. i. i e _i, z. i a :c r :000008 Y:u�.43'5 ..A34 And the said party of the first party, for himself, his heirs, executors and ad- inistrators, does Covenant, grant, bargain and agree to and with the ssid parties of the second part, their bnirs and assigns, the above said minerals and mineral rights in the quiet and peaceable possession of said nartlas of the second part, their heirs and assigns,-against all and every pew or Persons lawfully claiming or to claim the whole or any part thereof, by, thr"h,or under the said party of the first part to h71MW A'� tURL+VEF . DEPENn_ And further WITNMSEPH, That, IN ADDITION to the above parcels of land conveyed with full warranty of title as provided above, and in. addition to the minerals and mineral rights conveyed with special warranty as provided ;above, the party of the first part, for additional valuable cotisiaeration received, hereby sells and conveys to the parties of the second .Fart the following water and ditch rights situate in the County. of Pitkin and'State of Colorado, to -wit: all adjudicated or unadjudicated water rights and associated ditch rights, underground= (well) water rights and appurtenances and water rights for natural springs used upon and appurtenant to the parcels of land conveyed above,. with all appurtena uvs: IN WMNESS -fd MMP, The said party of the first part has hereunto set his hand NO seal the day and year first above written. SPATE oP fcctidvll calwy OF Lkev4 The foregoing instrument was acknowledged before me this 441 day of 1982 by John N. Stern. Witness my hand and seal. _ _ My address is: pir� CO�imIS:Iu� lx'IfCs i Tzl 15,'19 3 1 111111 11111 111111 111111 1111 11111 111111 III 11111111111 448045.10/18/2000 01:29P ADMIN DE DAVIS SILV 8 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO v; i:: •: MEMORANDUM E TO: Cindy Houben, County Community Development Director FROM: Brian McNellis, Planning Technician* RE: Beadleston Lot Line Adjustment DATE: October 11, 2000 REQUEST: The Applicants request approval of a subdivision exemption for a Lot Line Adjustment to modify the common boundaries between the Beadleston property and Pietrzak property located on opposite sides of East Sopris Creek Road. The adjustment will result in the transfer of 6,830 square feet of land from the Pietrzak property to the Beadleston property. The Beadlestons have been unable to yield uncontaminated water on their property and they wish to acquire land (across East Sopris Creek Road) from the Pietrzaks on which to drill a well. The Beadlestons propose to channel water under East Sopris Creek Road to supply water to their residence. APPLICANTS: Marina Beadleston and Robert Pietrzak LOCATION: 1676 and 1796 E. Sopris Creek Road ZONING/LOT SIZE: RS -30 PUD, the properties are 35 acres and 278 acres respectively BACKGROUND: Marina Beadleston wishes to extend her property across East Sopris Creek Road and acquire a portion of Robert Pietrzak's property for the purposes of constructing a well. Mrs. Beadleston is currently unable to yield uncontaminated water on any portion of her property. REFERRAL COMMENTS: The application was referred but no comments were received from the County Attorney. Comments from the Zoning Officer are attached for reference. STAFF COMMENTS: Lot Line Adjustment: The Applicants propose to transfer 6,830 square feet of land from the Pietrzak property to the Beadleston property. Pursuant to Section 3- 190 -030 of the Land Use Code, a lot line adjustment is permitted provided that the following six criteria are met: The adjustment creates not more than the original number of lots. 00000:x'" 0 0 Staff Comment: No new lots will be created. The Applicant has agreed to indicate on the amended site plan that the lot line adjustment does notjustify the creation of a new lot, regardless of the current or future status /ownership of East Sopris Creek Road. The Applicant will further indicate that no development, other than the construction of a well, shall be permitted on the parcel extension. 2. The purpose or effect of the lot line adjustment is not the creation of a new lot or parcel, nor any increase in floor area ratio for a parcel which gains size, nor creation of a lot or parcel substantially different in size for development or resale purposes. Staff Comment: The purpose of the Lot Line Adjustment is not to create any new parcels. The purpose of the adjustment is solely for the construction of a well that will supply domestic water to the Beadleston property. 3. In the case of conforming lots and parcels, any resulting lot or parcel shall conform to the minimum requirements for area or width established by the provisions of the Code. Staff Comment: Both lots will remain conforming within the RS -30 zone district. 4. In the case of substandard size lots or parcels, the resulting lots or parcels may increase in nonconformity as to size, so long as the other standards of this code continue to be met. Staff Comment: Not applicable. 5. The applicant shall prepare a subdivision exemption lot line adjustment map in compliance with the standards in Section 5- 60.40. Staff Comment: A draft plat was submitted with the application. 6 A lot line adjustment shall not be used to increase floor area ratio for a parcel that increases in size due to the adjustment. The floor area ratio will be reduced on a parcel that decreases in size due to the adjustment. Applications to add floor area ratio to a lot or a parcel are considered to be major plat amendments and shall be reviewed pursuant to Section 3- 190.90. Staff Comment: The proposed lot line adjustment does not increase the allowable floor area ratio for either parcel. RECOMMENDATION: Staff recommends that the Director approve the Beadleston/Pietrzak Lot Line Adjustment based on compliance with the standards noted above and subject to the attached Administrative Decision, which shall be recorded. 001010 ATTACHMENTS: A. Zoning Officer Memo B. Draft Administrative Determination C. Attachment A D. Attachment B Mr. McNellis has received a Bachelors Degree in Environmental Design from the University of Colorado and has worked as a Planning professional for 5 years. Mr. McNellis has been an employee of Pitkin County for a total of 4 years. 000011 In Page 1 of I To: Brianm @co.pitkin.co.us Subject: Bead leston /Pietrzak Lot Line Adjustment I have reviewed the above referenced application and offer the following comments. 1. If building envelopes exist for either parcel, they should be indicated on this site plan. 2. A plat note should indicate the purpose of this lot line adjustment. 3. A vicinity map should be included on the site plan. 4. Old and new lots lines should be identified. 000012 Printed for Brian McNellis <brianm @ci.aspen.co.us> 10/3/00 AUG -08 -2000 TUE 03:28 F� DATE: PROJECT: LOCATION: APPLICANTS: PLANNER: FAY, y0, 0 PITKIN COUNTY PRE- APPLICATION CONFERENCE SUMMARY August B, 2000 Beadleston/Pletrzak Lot Line Adjustment 1676 E. Sopris Creek road PTD# 2465- 244 -00 -002 2465- 251 -00 -007 Marina Beadleston /Robert Pietrzak Brian McNellis Phone: 927 -6613 Phone: 920 -5099 P. 02 1, Type of Application: Lot Line Adjustment 2, Description of Projeet/Ilevelopment: Applicants propose a Lot Line Adjustment to relocate a lot line that will result in a equal land swap between the two parcels. 3, Areas in which Applicants have been requested to respond, types of reports: e Section 3- 190,30, Lot Line Adjustment .4 subdivision exemption to adjust a loi line between adjacent parcels or lots under separate ownership may be permitted subject to compliance with stondards in this seellon A. The adjustment creates rot more than the original number of lots or parcels. A The purpose or effacr of the lot line adjustment is nor the creation of a new lot or parcel nor any increase in floor area ratio for a parcel which gains size, nor creation of a lot or parcel substantially different to size for development or resale purposes. C In case of conforming lots and parcels any resulting lot or parcel shall to the nsintmum requirements for area or width established by the provisions oj' the Code. D. In the case of .substandard size lots or parcels; the resulting lots or parcels may increase in non - conformity as to lot size so long as the other standards of this code continue to be met. E. The applicant shall prepare a subdivision exemption lot line adjustment map in compliance ivith the standards in Section 5 -60 P! .4 lot line arltustment shall no be used to increase the floor area ratio for a parcel that increases in size due to adjustment. The floor area ratio will be reduced on a parcel that decreases in size due to the adjustment. ,IpVlicalions to add floor 000013 RUG -08 -2000 TUE 03:29 P. 000014 FAN N0, 0 area ratio to a lot or a parcel are considered to be major amendments and shall be reviewed purstfunt to Section 3- 190.90. 4. Review is before: Community Development Director 5. Public Hearing: No 6. Will be referred to: Attorney, Zoning, and FnlineeT, - 611 7. What fee was the applicant requested to submit: • Planning $460 (additional hours are billed at a rate of $185/hr and the County Engineer will be billed on the final bill at a rate of S65/hr) 8. Application fee and the Agreement to pay Form (2 copies) shall be submitted with the complete application. 9. Applicant shall submit four (4) copies of the following information unless otherwise noted: 1, Proof of ownership of subject properties; 2. Consent from both owners to process the application and authorizing the representative (1 copy); 3. Signed fee agreement (1 copy); 4. 'total deposit for review of this application. 5. Copy of this pre -app form (I copy). 6. Summary letter explaining the request and addressing the Code sections listed above. 7. 24" X 36" draft lot line adjustment site plan which complies with the requirements listed below: A. Title identifying type of review; B. Vicinity map showing relationship to proximate public roads; C. Date; D. Scale; E. North directional arrow; F. Legal description of parcel; G. Location and dimensions of building envelopes setbacks from property lines: 11. Community Development Director signature block; I. Legal Descriptions and sketches of. (1) Parcels prior to adjustment; (2) Parcel following adjustment; and (3) Parcels to be transferred. J. Signature block for owners, mortgagees, and licnholders. ?LEASE NOTE: This pre - application. corlference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's inteiPretations of the applicant. Additional information may be required upon a complete review of the application. P, 03 • • of l .D o °o WARRANTY DEED THIS DEED, made this December 30, 1899 Between JOEL R L EHRENKRANZ of the County of Pitkin, State of CO, GRANTOR, AND MARINA R. BEADLESTON, GRANTEE whose legal address is: 0200 YELLOW FOX LANE, ASPEN, CO, 81611 of the County of Pitkin, State of CO WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of Pitkin, State of COLORADO, described as follows: See Attached Exhibit "A" I— TRANSFER DECLARATION RECEIVED 06/2212000 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and n, the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and Ili-- 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 grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of the presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has 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 those matters as set forth o Exhibit "B" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER FEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, ainst all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall Include a plural, the plural the singular, and the use of gentler shall be applicable to all genders. IN WITNESS WHERI e rantor has executed this deed. JOEL R L E RENKRA Z STATE OF COLORADO ) ss COUNTY OF PITKIN ) err The foregoing instrument was acknowledged before me this Z69ay of JUNE, 2000, ,, by JOEL R L EHRENKRANZ. Qn'•. WITNESS my hand and official seal ,..� my commission expires: 1- Z.Z -oz t tary Public 111111111111111111 IIIII 1111111111111111111111111111 IS 444434 06/22/2000 11:03A NO DAVIS SILVI 1 of 3 R 13.00 D 120.00 N 0.00 PITKIN COUNTY CO :..Ot�0015 0 EXHIBIT "B" 0 1. Taxes for the year 2000 not yet due or payable. ' 2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded December 31, 1936 in Book 162 at Page 458. 3. Right of way and free flow of the following ditches: Tillison, Good Friend, Miller, Home Supply, Grace, Shehi, John Cerlsem Stockmen-Emma- 4. Right of way and easement for road, neighbor's ditches and utlity poles as set forth in Deed recorded in Book 202 at Page 96. 5. Right of way and easement for road, as shown on Map recorded in Book 220 at Page 234. 6. Terms, conditions, restrictions, reservations, provisions and obligations of Protective Covenants as set forth in Quit Claim Deeds recorded in Book 270 at Page 230 and in Book 292 at Page 364. 7 Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Planning and Zoning Commission, granting 1041 environmental hazard approval, recorded July 30, 1991 in Book 652 at Page 694 as Resolution No. PZ- 91 -18. 8. Easements, rights of way and all matters as disclosed on 1041 Hazard Review Plat of subject property recorded July 30, 1991 in Plat Book 27 at Page 8. 9. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners, granting caretaker unit approval, recorded July 31, 1991 in Book 652 at Page 908, re- recorded October 29. 1991 in Book 660 at Page 237 and recorded September 27, 1991 in Book 657 at Page 633, as Resolution No. 91 -68. 10. Terms, conditions, provisions and obligations as set forth in Occupancy Deed Restriction and Caretaker Agreement recorded April 14, 1992 in Book 674 at Page 514. 11. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded April 23, 1992 in Book 675 at Page 533. 12. Terms, conditions. provisions and obligations of Contract for Electric Service granted to Holy Cross Electric Association, Inc. recorded August 7, 1992 in Book 685 at Page 632. 1111111111111111111111111111111111111111111111111111111 444434 06/22/2000 11:03R WD DRVIS SILVI 3 of 3 R 16.00 D 120.00 N 0.00 PITKIN COUNTY CO 000016 YeYc�vv 4b C7Ya-'1teZ i 1 1 I� i f I� oOu0Pl -(CL 00001"A 0 0 To Whom it May Concern, My neighbors Robert and Susan Pietrzak have offered a land swap so that I can drill a well next to East Sopris Creek at the end of Mr. Pietrzak's property across the street from my house. The reason for this kindness is because the water quality in the existing well is poor. It is dangerously high in iron causing it to be brown and turbid. The house has an existing reverse osmosis system for internal use and for irrigation. But even then the iron content is still too high, according to Water Wise. Water Wise has been caring for this system since its inception eight years ago. The iron content has grown steadily higher. I am now concerned for our health as it is too high for ingestion purposes to be medically safe. I am applying for a drill permit with the help of Kevin Patrick. We are in compliance: a. No new lots created b. Equal amounts of lands are being transferred which is not resulting in the creation of a new lot or increase of floor area ratio in either parcel. c. In the case of conforming lots and parcels, any resulting lot or parcel shall to the minimum requirements for area or widths established by the provision of the Code. d. Neither of these lots were substandard. e. Map is enclosed and is in compliance with the standards in section 5 -60. I. No increase in floor area will happen because equal amounts of land are being transferred. Thank you, ' I' I Marina Beadleston 8/ 29 / 00 000019 0 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5090 FAX (970) 920 -5439 MEMORANDUM TO: Attorney Zoning Engineer - hourly FROM: Brian McNellis, Community Development RE: Beadleston/Pietrzak Lot Line Adjustment 2465- 244 -00- 002/2465- 251 -00 -007 P115 -00 DATE: August 31, 2000 Attached for your review and comments are materials for an application by Marina Beadleston/Robert Pietrzak. This application will be reviewed by the Pitkin County Community Development Director Please return your comments to me October 2, 2000. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. 000020 AUG -08 -2000 TUE 02:00 PM EV. N0. P. 02/03 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT PITKIN COUNTY (hereinafter COUN n) and -n (hereinafter APPLICAlv'I) AGREE AS FOLLOWS: 1L APPLICANT has su�mitted tc COUNTY an application for (hereinafter, THE PROJECT). ?_ . ,APPLICANT understands and agrees that Pit.{in County Resolution No. 96 -52 establishes a fee structure for Planning applications and the payment of all processing fees is a condition precedent to a determination- of—application- - completeness. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the propesad project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and COUNTY further agree that it is in the interest of the parties to all APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash Iiquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICAN -,'s application. 4.' 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, 000021, AUG -08 -2000 TUE 02 :01 PM FAX N0. R 03/03 5. Therefore, APPLICANT agrees that in consideration Of the . COUNTY's waiver of its right to collect foil fees prior to a determination e application completeness, APPLICANT shall pay an initial deposit in the amount Of $A60—which is for hours of Planning staff time, and if aotual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the processing of the application mentioned above, including post approval review. 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. PITKEN COU11`I'Y APPLICANNT Cindy Houben t i ame A] �P at Name =„ �{ �� "`��tty_•Deve]optnent Director _ Signature Date: _1�r 0 Mailing Address: - i •! •� �► 0su ppo r6torms%38rpay,doe 211968 i+"'• 1 V . .. o i M OWMTY DEVELOPMENT DEPARIONT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5090 Pitkin County —110 U TOTAL p 46 d NAME: M&V1"Y%cg ya ADDRESS /PROJECT: PHONE: CHECK# CASE/PERMIT : Vol ` 0'0) # OF COPIE DATE:_ i 73 0 / e) Q INITIAL: :.. �. 000023 Land Use: 172 Board of Adjustment 159 County Land Use Code 173 Deposit 174 Flat Fee 162 Zoning and Sign 169 Public Notice 160 Planning Enforcement —110 U TOTAL p 46 d NAME: M&V1"Y%cg ya ADDRESS /PROJECT: PHONE: CHECK# CASE/PERMIT : Vol ` 0'0) # OF COPIE DATE:_ i 73 0 / e) Q INITIAL: :.. �. 000023 Referral Fees: RBI. 15 Access Permit LUC01 County Clerk 193 County Engineer 194 Environmental Health 198 Housing 190 Land Management 196 Wildlife Officer RB116 Building Fees: 170 Board of Appeals 135 Building Code Sales 105 Building Permit 100 Contractor License 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 151 Aspen Sanitation 152 AVFD Fire Marshal —110 U TOTAL p 46 d NAME: M&V1"Y%cg ya ADDRESS /PROJECT: PHONE: CHECK# CASE/PERMIT : Vol ` 0'0) # OF COPIE DATE:_ i 73 0 / e) Q INITIAL: :.. �. 000023 Other Fees: 155 Use Tax 165 Copy Performance Deposit 185 Park Dedication 186 Parking Cash in Lieu 166 GIS Maps IS GIS Requirements RB116 Road Impact Fees —110 U TOTAL p 46 d NAME: M&V1"Y%cg ya ADDRESS /PROJECT: PHONE: CHECK# CASE/PERMIT : Vol ` 0'0) # OF COPIE DATE:_ i 73 0 / e) Q INITIAL: :.. �. 000023