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COVENANTS
Janice K. Vos Caudill, Pitkin County, CO
WHEATLEY TRACTS SUBDIVISION EXEMPTION PLAT TRACT 1:
WHEATLEY SCHOOLHOUSE
COVENANT RESTRICTION AGREEMENT
FOR THE PRESERVATION OF HISTORIC RESOURCES
THIS COVENANT AGREEMENT FOR THE PRESERVATION AND
MAINTENANCE OF HISTORII '; RESOURCES (the "Agreement") is made and entered into
this IStl-day of A j -� ,-2-1AW by the Dart Family Partnership (hereinafter referred to
herein jointly as "Declarant"), and Pitkin County, Colorado ("the County"). This Agreement shall
run with the land described herein and be binding upon the successors and assigns of the parties
hereto, subject to the terms and conditions set forth herein.
RECITALS
A. Declarant owns the real property described as 964 Lower River Road or Tract ID #2476-
262-00-002 and is more specifically described in Attachment 1. The property has been
divided into two Tracts, Tract 1 with the historic Wheatley Schoolhouse (the "Property"
referred to in this Agreement) and Tract 2 with the historic Wheatley Homestead and
Arbany Farmhouse. This Agreement is for Tract 1 which contains 137 +1- acres and
encompasses a single family residence and the Historic Wheatley Schoolhouse. The
agreement for the preservation of the historic structures on Tract 2 is in a separate
document.
B. The historic resource located on the Property, Tract 1 is the Wheatley Schoolhouse,
commonly known as the Schoolhouse. Attachment 2 depicts the location of the
Schoolhouse structure on the Property and Attachment 3 depicts photos of the
Schoolhouse as it sits on the Property. Declarant is the owner of the Schoolhouse which
was designated and placed on the Pitkin County Historic Inventory pursuant to
Determination of the Hearing Officer of the Community Development Department of
Pitkin County, Colorado Approving the Dart Family Partnership 1041 Hazard Review,
Special Review and GMQS Exemption for Additional Floor Area and A CDU, GMQS
Exemption for a Replacement Unit and a Historic Incentive for an Additional Dwelling
Unit, Determination Number No. 42-2006, reception # 529605 (see Attachment 4)
which was approved on September 29, 2006.
C. The Schoolhouse will be converted to a Caretaker Dwelling Unit and a new home will be
developed pursuant to Section 9-110-041.0 and 9-110-052.D of the Code (Density Bonus
for CDUs and Exemption for Replacement Units).
D. This Covenant Agreement is intended by the parties to satisfy the condition of the
Hearing Officer Determination which requires this covenant at the time of the recording
of the 1041 site plan.
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NOW, THEREFORE, Declarant hereby represents, covenants and agrees as follows:
1. Restoration and Maintenance. Declarant agrees to assume the total costs of restoration
and continued maintenance, repair, and administration of the property, in a manner that
complies with the Pitkin County Preservation Handbook for Historic Properties as it may
be amended from time to time as interpreted by the Pitkin County Historic Preservation
Officer, so as to preserve the architectural, historical, archaeological, cultural, and/or
engineering integrity of its features, materials, appearance, and workmanship in order to
protect and enhance those significant characteristics which qualify it for historic
preservation treatment. Declarant shall complete any future restoration of the historic
Property in general compliance with the Hearing Officer Determination.
2. Exclusion. Declarant agrees that the County in no way assumes any obligation
whatsoever for restoring, maintaining, repairing, or administering the property covered by
.this Covenant Agreement. However, the County shall be entitled to enforce this Covenant
Agreement.
3. Inspection and Compliance. Declarant agrees that the County shall have the right to
request inspection of the exterior of the historic structure to assure compliance with this
Covenant Agreement, which request Declarant shall not unreasonably deny. Notice of any
inspection of the historic structures by the County shall be pursuant to section 12 of
this Covenant Agreement at such times and upon such notice to Declarant as
Declarant may reasonably require.
Any inspection carried out pursuant to this Paragraph shall be conducted in the presence
of Declarant, if it wishes to be present. The purpose of such inspection shall be to
ascertain whether the terms of this Covenant Agreement have been and are being met and
to insure compliance with the terms of this Covenant Agreement. The Declarant or its
representative shall have the right to be present at any inspection conducted by the
County pursuant to this Paragraph.
4. Alterations. Declarant agrees that any restoration of the Historic Wheatley Schoolhouse
shall be in accordance with the Hearing Officer Determination, and no significant
alterations shall be made to the exterior of the historic structure without the approval of
the Pitkin County Historic Preservation Officer.
5. Use Change. Declarant agrees that property shall be used for residential purposes only.
There shall be no change in the use of the historic structure without the prior written
consent of the County.
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6. Standards for Review. Review and approval of any proposed construction, alteration,
rehabilitation or relocation of the historic structure, shall be evaluated by the Pitkin
County Historic Preservation Officer through use of the Pitkin County Preservation
Handbook for Historic Properties. Declarant agrees to abide by the Handbook in
performing any restoration, construction, alteration, rehabilitation, or relocation of the
historic structure.
7. Public Purpose. Declarant agrees that all changes to the historic structure shall be in the
spirit of contributing to the public purpose of protecting and preserving the historic
structures in conformance with the Standards for Review.
8. Continuation. In the event that any component part or parts of the Historic Wheatley
Schoolhouse is destroyed or substantially damaged through no willful action or
negligence of the Declarant, and only if it is jointly determined by Declarant and the
County that the affected structure(s) or features are to be preserved and not removed, all
obligations contained in this Covenant Agreement shall continue unabated. In the event
that the historic structure is damaged or destroyed through the willful action or negligence
of Declarant, the County may initiate such administrative or judicial actions as it deems to
be legally available and appropriate.
9. Reserved Rights of Declarant. Declarant shall have all rights to utilize the historic
structure and the Property not specifically limited or restricted by this Covenant
Agreement. Notwithstanding the last sentence, Declarant shall take no action which is
materially detrimental to the purposes of this Covenant Agreement.
•
10. Binding on Successors to Declarant; Enforcement; Attorneys' Fees. This Covenant
Agreement shall be a binding servitude, and shall run with the land and be binding upon
Declarant, its successors, transferees, and assigns, in perpetuity, unless terminated by the
terms of this Covenant Agreement or by voluntarily relinquishment by the County. The
County has the ability to fix and repair the historic structure consistent with the standards
of this Covenant agreement and collect costs from the Declarant for such repairs.
It is explicitly agreed by the parties hereto that this Covenant Agreement shall be
enforceable in the courts of the State of Colorado; and that in the event an action to
enforce this Covenant Agreement is brought, that the party or parties which substantially
prevail in any such enforcement action shall be entitled to recover from the non-
prevailing party(ies) the full cost of such action (including reasonable attorneys' fees and
costs). The County may enforce the terms of this Agreement through actions for damages
or injunctive relief for both.
11. Exercise of Rights and Remedies. Failure of the County to exercise any right or remedy
granted under this Covenant Agreement shall not be a waiver of any breach of the
agreement or rights or remedies to enforce the agreement provided however, after notice
of a violation pursuant to Section 12, if the County fails to knowingly enforce a provision
of this agreement for five years it waives it's right to do so.
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•
12. Notices. Any inspection carried out pursuant to Section 3 of this agreement shall be at
such times and upon such notice to Declarant as Declarant may reasonably require. Any
notice allowed or required by this Paragraph shall be served on Declarant.
At the time of the execution of this Covenant Agreement, the Dart Family Partnership's
designated representative was Paul Dart. The Declarant may change its designated
representative at any time.
Any notice, consent or approval which is required to be given hereunder shall be given by
certified mail, return receipt requested, properly addressed and with postage fully prepaid,
to any address provided herein or to any subsequent mailing address of the party as long
as prior written notice of the change of address has been given to the other parties to this
Agreement; or by fax. In the case of faxed notice, there shall be duplicate mailed notice to
insure that faxed notice is received. All such notices shall be effective seven days
following the date the notice was deposited in the U.S. Mail or faxed.
Said notices, consents and approvals shall be sent or faxed to the parties hereto at the
following addresses unless otherwise notified in writing:
To Declarant: Paul Dart
Dart Family Partnership
1287 Caria Drive
Lafayette, Co. 80026
303 441-5643 phone
•
303 998-7643 fax
To County: Pitkin County
Community Development Director
530 E. Main Street
Aspen CO 81611
970 920-5526
970-920-9439 (Fax #)
13. Severability. Whenever possible, each provision of this agreement and any other related
document shall be interpreted in such a manner as to be valid under applicable law; but if
any provision of any of the foregoing shall be invalid or prohibited under said applicable
law, such provisions shall be ineffective to the extent of such invalidity or prohibition
without invaliding the remaining provisions of such document.
14. Choice of Law. This Agreement and each and every related document are to be governed
and construed in accordance with the laws of the State of Colorado.
15. Successors. Except as otherwise provided herein, the provisions and covenants contained
herein shall inure to and be binding upon the heirs, successors and assigns of the parties.
4
16. Section Headings. Paragraph or section headings within this Agreement 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.
17. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of
this Agreement shall be valid against any party hereto except on the basis of a written
instrument executed by the parties to this Agreement. However, the party for whose
benefit a condition is inserted herein shall have the unilateral right to waive such
condition
18. Gender and Number. 'Whenever the context so requires herein, the neuter gender shall
include any or all genders and vice versa and the use of the singular shall include the
plural and vice versa.
19. Further Actions. The parties to this Agreement 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 Agreement or any agreement or document relating hereto or entered into
in connection herewith.
20. Modifications. The parties to this Agreement agree that any modifications of this
Agreement shall be effective only when made by writings signed by both parties and
recorded with the Clerk and Recorder of Pitkin County, Colorado.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year
first above-written.
DECLARANT
N
BY:
Name: Dart Family Partnership, Ltd.
Paul Dart, General Partner
By: .\ u eiCCA
Name: Dart Family Partnership,Ltd.
Janneli C.Dart, General Partner
• 5
i
5
By; ••
Name: Dart amily Partnership, Ltd.
Peter J. Dart, General Partner
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT •
BY: & 9„p C9c0.AQ ;,)f-
\ c •
Name: Cindy Houben, Director
List of Attachments •
1. Legal Description
2. Historic Wheatley Homestead, Wheatley Schoolhouse and Arbany Farmhouse Existing
Conditions Map;
3. Photos of the Historic Properties;
4. Determination of the Hearing Officer of the Community Development Department of
Pitkin County, Colorado Approving the Dart Family Partnership 1041 Hazard Review,
Special Review and GMQS Exemption for Additional Floor Area and A CDU, GMQS
Exemption for a Replacement Unit and a Historic Incentive for an Additional Dwelling
Unit.
Saved as Dart Historic Covenant Tract I with Lance's Changes
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G
Attachment 1
Dart Family Partnership LTD .
Legal Description
A PARCEL OF LAND SITUATED IN SITUATED IN A PORTION OF TRACTS 72
AND 73, LOTS 15, & 16, SECTION 27 & LOT 16, SECTION 26, TOWNSHIP 8
SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID
PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT ANGLE POINT NO. 4 OF SAID TRACT NO. 73 ALSO BEING
ANGLE POINT NO. 3 OF TRACT NO. 72; THENCE
S 00°05'25" W, A DISTANCE OF 210.00 FEET TO A POINT IN THE CENTER OF
THE ROARING FORK RIVER; THENCE ALONG SAID CENTER THE
FOLLOWING TWO (2) COURSES:
1)N 43°54'35" W, 70.18 FEET;
2) N 73°06'35" W, 141.98 FEET TO A POINT ON THE BOUNDARY LINE OF SAID
TRACT 72; THENCE N 00°07'18" E ALONG SAID BOUNDARY LINE, A
DISTANCE OF 120.00 FEET TO ANGLE POINT 4 OF SAID TRACT 72; THENCE
ALONG THE SOUTHERLY BOUNDARY LINE OF SAID TRACT 73 N 89°39'35" W,
A DISTANCE OF 2,530.94 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-
WAY OF STATE HIGHWAY NO. 82; THENCE ALONG SAID RIGHT-OF-WAY
THE FOLLOWING FIFTEEN (15) COURSES:
1) N 73°37'20" W, 32.45 FEET;
2) N 56°48'32"W, 34.57 FEET;
3) A DISTANCE OF 231.06 FEET ALONG THE ARC OF A NON TANGENT CURVE
TO THE LEFT HAVING A RADIUS OF 766.30 FEET AND A CENTRAL ANGLE OF
17°16'35" (CHORD BEARS N 82°16'02" W, A DISTANCE OF 230.19 FEET);
4) S 89°05'40" W, 250.10 FEET;
5) A DISTANCE OF 200.28 FEET ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 1,382.57 FEET AND A CENTRAL ANGLE OF 08°17'59"
(CHORD BEARS N 86°45'21" W, A DISTANCE OF 200.10 FEET);
6) N 82°36'17" W, 376.60 FEET;
7) A DISTANCE OF 268.52 FEET ALONG THE ARC OF A NON TANGENT CURVE
TO THE RIGHT HAVING A RADIUS OF 905.00 FEET AND A CENTRAL ANGLE
OF 17°00'00" (CHORD BEARS N 74°06'19" W, A DISTANCE OF 267.54 FEET);
8) N 65°36'20" W, 236.00 FEET;
9) A DISTANCE OF 174.15 FEET ALONG THE ARC OF A NON TANGENT CURVE
TO THE LEFT HAVING A RADIUS OF 1,005.03 FEET AND A CENTRAL ANGLE
OF 09°55'42" (CHORD BEARS N 70°34'13" W, A DISTANCE OF 173.94 FEET)
10) N 12°16'10" E, 52.42 FEET;
11) N 84°52'32" W, 319.40 FEET;
12) S 01°57'14" E, 49.38 FEET;
13) A DISTANCE OF 19.58 FEET ALONG THE ARC OF A NON TANGENT CURVE
TO THE LEFT HAVING A RADIUS OF 1005.03 FEET AND A CENTRAL ANGLE
OF 01°06'59" (CHORD BEARS S 86°16'16" W, A DISTANCE OF 19.58 FEET);
14) S 85°41'50" W, 463.40 FEET;
15)N 78°58'38" W, 187.43 FEET; THENCE LEAVING SAID RIGHT-OF-WAY N
43°48'22" E, A DISTANCE OF 227.56 FEET TO A POINT IN THE CENTER OF SAID
RIVER; THENCE ALONG THE CENTER OF SAID RIVER THE FOLLOWING
THREE (3) COURSES:
1)N 22°18'33" W, 109.31 FEET;
2) N 41°01'39" W, 203.48 FEET;
3) N 59°37'04" W, 78.29 FEET TO A POINT ON THE BOUNDARY LINE OF SAID
TRACT LINE 73; THENCE ALONG SAID BOUNDARY LINE N 00°00'59" E, A
DISTANCE OF 532.58 FEET TO ANGLE POINT 2 OF SAID TRACT 73 ALSO
BEING THE SOUTHWEST CORNER OF GOVERNMENT LOT 16; THENCE
LEAVING SAID BOUNDARY LINE AND ALONG THE WESTERLY LINE OF
SAID GOVERNMENT LOT N 00°08'11" W, A DISTANCE OF 794.97 FEET TO THE
NORTHWEST CORNER OF SAID GOVERNMENT LOT; THENCE ALONG THE
NORTH LINE OF SAID GOVERNMENT LOT S 89°45'29" E, A DISTANCE OF 81.84
FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 27; THENCE ALONG THE
NORTH SECTION LINE OF SAID SECTION 27 S 89°17'46" E, A DISTANCE OF
2,644.04 FEET TO THE SECTION CORNER COMMON TO SECTIONS 22, 23, 26, &
27; THENCE N 89°21'13" E ALONG THE NORTH SECTION LINE OF SAID
SECTION 26, A DISTANCE OF 2628.97 FEET TO THE NORTH 1/4 CORNER OF
SAID SECTION 26; THENCE CONTINUING ALONG SAID NORTH SECTION
LINE OF SAID SECTION 26 N 89°44'08" E, A DISTANCE OF 1332.60 FEET TO A
POINT ON THE EASTERLY BOUNDARY LINE OF SAID TRACT 72; THENCE
&ALONG SAID EASTERLY BOUNDARY LINE 00°40'09" W, A DISTANCE OF
868.10 FEET TO ANGLE POINT 3 OF TRACT 71; THENCE LEAVING SAID
EASTERLY BOUNDARY LINE AND ALONG THE NORTHERLY BOUNDARY
LINE OF SAID TRACT N 88°1321" W, A DISTANCE OF 1,120.77 FEET TO ANGLE
POINT 1 OF SAID TRACT 73 AND ANGLE POINT 2 OF SAID TRACT 72; THENCE
LEAVING SAID NORTHERLY BOUNDARY LINE AND ALONG THE WESTERLY
LINE OF SAID TRACT 72 S 00°12'08" W, A DISTANCE OF 1,315.14 FEET TO THE
POINT OF BEGINNING.
EXCEPTING THAT PROPERTY DESCRIBED FOR THE WHEATLEY CEMETARY,
BOOK 189 AT PAGE 384
CONTAINING 12,045,677 SQUARE FEET OR 276.536 ACRES, MORE OR LESS.
AND AS SHOWN ON THE FINAL PLAT OF WHEATLEY TRACTS SUBDIVISION
EXEMPTION PLAT
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DETERMINATION OF THE HEARING OFFICER OF Till: COMMUNITY DEVELO1'11ENT
DEPARTMENT]. OF PITKIN COUNTY, COLORADO, APPROVING. TIIE DART FAMILY
PARTNERSHIP 1041 HAZARD REVIEW, SPECIAL REVIEW AND CMOS EXEMPTION FOR
ADDITIONAL FLOOR AREA AND A CDU, CMOS EXEMPTION FOR A REPLACEMENT
UNIT AND A HISTORIC INCENTIVE FOR AN ADDITIONAL DWELLING UNIT
• Determination No.H42006
RECITALS
1. Dart Family Partnership("Applicants") have applied to the Pitkin County Hearing Officer ("Hearing
Officer") for 1041 Hazard Review, Special Review & GMQS Exemption for Incentives for Preservation
of Historic Structures, Development Utilizing TDRs for Additional Floor Area & CDU approval to
establish two building rights on what will become two 141-acre parcels.
2. The parcel is located at 0964 Lower River Road, and is more specifically described in Exhibit A.
3. The parcel contains approximately 282 acres and is a conforming size parcel in the AFR-10 zone
district.
4. The Hearing Officer considered this application at a duly noticed public hearing on August 29. 2006, at
which time evidence and testimony were presented with respect to this application. The application was
then continued to September 6,2006 for a site visit and further discussion. The application was
continued again to September 19,2006.
5. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is
being considered pursuant to the 1994 Land Use Code. as amended.
6. The Hearing Officer finds that the proposed building envelopes are located on slopes of less than 30%,
and that the wildfire hazard is rated,as low and can be mitigated.
7. The Hearing Officer further finds that the property is included on the Pitkin County Historic lnventon',
and, therefore, is eligible for one additional dwelling unit of up to 5,750 square feet of floor area
exempt from Growth Management as provided for in Pitkin County Land Use Code Section 9-110-
043.
NOW THEREFORE BE TI RESOLVED by the Hearing Officer that it does hereby approve
the Dart Family Partnership 1041 Hazard Review, Special Review & GMQS Exemption for Incentives for
Preservation of Historic Structures, Development Utilizing TDRs for Additional Floor Area & a CDU,.and a
GMQS Exemption for a Replacement Unit, subject to the following conditions, which shall run with the
land and he binding on all successors in interest.
1. Prior to submission of any future building permit applications, the Applicant shall he required to
submit for approval by the County Attorney and Community Development, a Site Plan in accordance
with Land Use Code Section 5-70-040, which shall depict the envelopes. The above referenced
approvals shall he a condition precedent to finalization and recordation.
2. Prior to issuance of any building permits for the new re',idence, the Applicant shall:
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111111 I I I I I i l!!!!I I I!I/Ill 11111 I l l l l l!I i!I l l l l l l l l l l l l P5 9 9 6 0 5
Hearing Officer Determination Na. -2006 ° • Z o0 a
Page JAN ICE K VOS CGUDILL PITK n� COUNTY CO ]0/09/2006 0;
R 0.00 D 0.00
A. Complete a fireplace/woodstove registration form with the Community Development
Department, if necessary.
B. Obtain a County access/driveway permit.
C. Submit a drainage and erosion control plan for review and approval by the County Engineer.
D. Submit a construction management plan for review and approval by the County Engineer
showing the locations of staging, material storage and employee and construction traffic parking.
E. Pay the applicable road and housing impact fees.
•
3. The Applicant shall comply with the following to mitigate impacts on wildlife:
A. Dogs shall be prohibited. Notwithstanding the prohibition set forth herein, the dog known as
Bacchus, that is presently owned by the applicant's caretaker, may remain on the property as
long as the applicant retains ownership of either Lot.
B. Prior to issuance of any building permits on either Lot, the Applicant shall provide a fencing plan
for areas to the north of the Rio Grande Trail. Any fencing outside of the building envelopes
shall comply with the wildlife fencing standards in the Land Use Code. Prior to the issuance of a
building permit, the Applicant shall upgrade existing fencing on the parcel to Pitkin County and
• CDOW standards.
C. Install and use approved bear-proof trash containers as required by the County.
D. Maintain native vegetation outside of the building envelope.
E. Avoid fruit-bearing trees and shrubs in any landscaping. Haystacks shall be fenced with 8' mesh
game-proof fencing.
F. No riparian or wetland vegetation shall be damaged or removed as per Section 3-80.80(G)(3) of
the Land Use Code.
4. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum of a 30 foot perimeter around all structures.
B. Spacing between clumps of brush and vegetation within the 30 foot perimeter shall be a minimum
of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height
of the fuel. All measurements shall he from the edges of the crowns of the fuel.
C. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet
above the ground and ladder fuels from around trees and brush shall be removed.
D. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the
edges of the crowns.
E. All branches that extend over the roof eaves shall he trimmed and all branches within 15 feet of the
chimneys shall be removed.
F. Low vegetation (less than 6 inches in height) shall he maintained within a 10 foot perimeter around
all structures.
G. The Applicant shall he responsible for the continued maintenance of the defensible space vegetation
requirements.
5. The Applicant shall comply with the following additional wildfire mitigation standards:
/3
Hearing Officer Determination No.14 r�-7006 IIII X1111 Mill 'MI 5 0 9605 e
/�Uf�C' 3 JPNICE K V05 CPUDILL PITKIN COUNTY CO R 0.00 10/03/20.0 0'
D 0.00
A. Roofs shall he constructed with a Class A roof covering or a Class A assembly as defined in the
International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are
prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the
following:
1) All roof coverings shall he noncombustible materials and installed on a Class A roof assembly.
2) MI 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 he prohibited.
• 4) Roofs shall be installed as required by the adopted building code 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 ''A inch maximum.
C. Roofs and gutters shall be kept clear of debris.
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 parallel contour a minimum
of 15 feet away from any structure.
F. Swimming pools or ponds shall be accessible to Fire Department vehicles.
G. Fences shall be kept clear of brush and debris.
H. Wood fences shall not connect to the structure.
I. Fuel tanks shall be installed underground with an approved container.
J. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the
structure with standard defensible space vegetation mitigation around any above-ground tank. Any
wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-
resistive construction on the exterior side of the walls.
K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a
visible and accessible location.
L. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and
installed on a non-combustible post.
M. New utility lines shall be buried within the driveway.
6. •No development, including grading, excavation, fill placement, berming, landscaping, vegetation
removal or disturbance or septic system shall occur outside of the approved buildine/development
envelope, with the exception of required wildfire mitigation and the consistent uses allowed per the
conservation easement as outlined on paces 8 and 9 of the recorded easement (Reception No. 410590).
All structures must he located within the designated building envelopes, including hay barns.
7. Prior to commencement of any earthmovine or construction activity, the Applicant shall stake the
corners of the building and other envelopes and install construction fencing around the perimeter of
the envelopes. The fencing shall remain in place for the duration of the construction.
8. The Applicant shall comply with all codes and requirements of the Basalt Rural Fire Protection District.
A sprinkler system shall he installed in all residential structures if required by the District.
9. All areas disturbed by construction shall be reveeetated within one growing season of the project's
completion.
/`�
Bearing Officer Determination No. -2006 IIIIII Hil IIIIII IIII III I VIII I VIII I IIIIII III p!;2,716,002 ,3,3 5
Pag R 0.00 D
JANICE K VOS CAUDILL PITKIN COUNTY CO D0.
.00
ID. The caretaker dwelling unit on Lot 1 (Wheatley Schoolhouse) shall he limited to 1,000 net livable
square feet and the kitchen shall contain a minimum of a two burner stove with oven, standard sink, and
at least a 6 cubic foot refrigerator plus freezer. A minimum of one off-street parking space shall be
provided for the unit.
11. Prior to submission of any building permits for the caretaker unit, the Applicant shall obtain and the
Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit
shall he submitted to the Housing Office with the deed restriction.
12. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office shall
inspect the unit.
13. Prior to the issuance of a Certificate of Occupancy, the Applicant shall construct a minimum 5,000
gallon water storage tank(or other approved storage mechanism) within 100 feet of the principal
residences, and they shall be accessible through the use of a hydrant meeting the policies of the
Basalt and Rural Fire Protection District (B&RFPD). All structures shall be sprinkled.
•
14. The driveway access to the building envelope shall be a minimum width of 16 feet with an all
weather surface capable of handling the imposed loads of a 60,000 lb. fire apparatus.
15. The exterior of the residence shall be finished in the natural earth tones of the immediate vicinity, as
represented in the application. Roof and siding materials shall be non-reflective. Color and material
samples shall be provided to Community Development for approval prior to issuance of building
permits.
16. Lot 1 shall be granted the right to utilize a TDR to go to a maximum of 8,250 square feet, excluding
the existing historic structures, as defined by the Code at the time,per this approval, and with no
further review. If the Applicant requests to exceed the 8,250 sq. ft. limit on Lot 1, then the Applicant
shall be required to utilize an additional TDR or additional TDRs and to submit a Site Plan Review
pursuant to Sections 2-30-20.g.2 (Site Plan), 7-10-50(Site Plan), 7-20-20.e(Grading), 7-20-30 (Water
Courses and Drainage), 7-20-1200 & e) (Standards for Scenic View Protection Areas), 7-20-130
(Landscaping and Vegetation Protection) of the new Code adopted on July 5, 2006. Notwithstanding
the language in 7-20-30, the requirements of 7-20-40 and 7-20-80 and Table 5.1, as it relates to
stream set backs, shall not apply to this review. As part of the Review, the Applicant shall submit a
landscaping plan and architectural renderings. Under no circumstances shall the floor area on the Lot
exceed 13,250 square feet, not including exempt barns, but including existing historic structures.
17. The new residence on Lot 2 may be constructed to 5,750 square feet, not including exempt barns or
the existing historic structures. Lot 2 shall he granted the right to utilize a TDR to go to a maximum
of 8,250 square feet, including the existing historic structures, as defined by the Code at the time, per
this approval, and with no further review. If the Applicant requests to exclude the historic structures
from the previous limitation or to exceed the 8,250 sq. ft. limit on Lot 2, then the Applicant shall be ,
required to utilize an additional TDR and to submit a Site Plan Review pursuant to Sections 2-30-
20.g.2 (Site Plan), 7-10-50 (Site Plan), 7-20-20.e (Grading), 7-20-30(Water Courses and Drainage), 7-
20-1200 & e) (Standards for Scenic View Protection Areas), 7-20-130 (Landscaping and Vegetation
Protection)of the new Code adopted on July 5, 2(106. Notwithstanding the language in 7-20-30, the /5
Hearing Officer Determination No. -2(1(16 1111 V1/ILIIIIY#/I/11IIIIHIIIII/ihIIIIIIih/II/ P 9 9605 8
LL PITKIN COUNTY CO .0 10Y09/200E 0351
Page 5
R ov,.c�a
requirements of 7-20-40 and 7-20-80 and Table 5.1, as it relates to stream setbacks, shall not apply to
this review. As part of the Review, the Applicant shall submit a landscaping plan and architectural
renderings. Under no circumstances shall the floor area on the Lot exceed 10,750 square feet, not
including exempt barns and historic structures.
18. At time of building permit submittal for either Lot, Applicant shall submit to Community
Development executed, irrevocable certificates of TDRs and a recorded deed evidencing the sale or
transfer of the certificates to the Lot owner.
19. Prior to the submission of a building permit the Applicant shall record a covenant in a form acceptable
to the County Attorney in which the Applicant agrees to maintain the historic structures and limits
future expansion of the historic structures.
20. Prior to the issuance of a building permit, the Historic Preservation Officer of Pitkin County shall
review the location of the new structures as they relate to the Historic buildings.
21. Prior to the submittal of a building permit, the Applicant shall amend the Conservation Easement
through the appropriate Board approvals to reflect the amended building envelope for Lot 2.
22. 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.
23. The Applicant shall adhere to all material representations made in the application and shall consider
those representations to be conditions of approval, unless amended by other conditions.
24. 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., § 2468-105. The statutory vested rights granted herein shall expire on
September 29, 2009.
•
•
•
•
•
.Iii !' :Y,.'.A*_3......
Hearing Officer Determination No.212-2006
/'age 6
II II II MI II I II II II it 099/ 06 03:51
JANICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
23rd day of July, 2006.
APPROVED AND ADOPTED this 19th day of September,2006.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the f5 day of , 2006
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
ATTEST: HEARING OFFICER OF PITKIN
COU , COLORADO
:onnie Waechtler, mes R. True,
Administrative Assistant Hearing Officer
Date: .0 VD (v
APPROVED AS TO FORM APPROVED AS TO CONTENT:
1uhnEly, �. A L/a C
Cou Att. y Cindy Houben,
Community Development Director
Case #P087-O6
PID# 246726200002
/ 1
1111111III II 11111111111111111111111111I11111111111111 0/9/2006 03:51
Pepe: 7 of 8
JANICE K VO6 OW101LL PITKIN COUNTY CO R 0.00 D 0.00 •
Our Order No: Q387183
LEGAL DESCRIPTION
PARCEL I:
TRACT 73 (ALSO KNOWN AS DESCRIBED AS LOTS 5 AND 6), LOTS 14, 15, 16, SECTION
26, AND TRACT 73 (ALSO DESCRIBED AS LOT 6) AND LOTS 15 AND 16, SECTION 27,
TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOGETHER WITH
ALL DITCHES, DITCH AND WATER RIGHTS APPURTENANT THERETO.
EXCEPTING THAT CERTAIN TRACT OF LAND LOCATED IN SECTION 26. BEING A PART OF
TRACT 73. IN TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE CORNER 4 OF TRACT 72, TOWNSHIP 8 SOUTH. RANGE 86
WEST(WHICH IS A BRASS CAP MARKED TR73; AP4 TR72; S26; 1928) BEARS SOUTH 76
DEGREES 36'30 EAST 1554.97 FEET;
THENCE SOUTH 89 DEGREES 44' WEST 207.15 FEET:
THENCE NORTH 6 DEGREES 10' EAST 129.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF A
ROAD;
THENCE SOUTH 87 DEGREES 27' EAST 190.15 FEET ALONG SAID RIGHT-OF-WAY
LINE:
THENCE SOUTH 1 DEGREES 36' EAST 118.86 FEET TO THE POINT OF
BEGINNING.
EXCEPTING HEREFROM ALL EASEMENTS AND RIGHTS OF WAY OF RECORD AND THE TRACT OF
LAND ENCLOSED AND USED FOR CEMETERY PURPOSES KNOWN AS THE "WHEATLEY CEMETERY;"
TOGETHER WITH A STRIP OF LAND TEN FEET WIDE ON THE NORTH SIDE AND A STRIP OF
LAND TEN FEET WIDE ON THE SOUTH SIDE OF THE FENCES ENCLOSING SAID CEMETERY,
BEING A TRACT OF LAND APPROXIMATELY 50 FEET BY 35 FEET. AND A PRIVATE
RIGHT-OF-WAY 15 FEET IN WIDTH TO AND FROM SAID CEMETERY EXTENDING FROM THE
SOUTH SIDE OF SAID CEMETERY TO THE COUNTY ROAD.
EXCEPTING A RIGHT-OF-WAY AS MAY BE NECESSARY TO DRIVE CATTLE FROM THE COUNTY
ROAD NORTHERLY ALONG THE COURSE OF WHEATLEY GULCH TO THE U.S. FOREST LAND LYING
NORTHERLY OF SAID DESCRIBED PROPERTY. PROVIDING. HOWEVER. THE USE OF THIS
EASEMENT SHALL BE LIMITED TO THE DRIVING OF RANGE CATTLE ONTO SAID FOREST LAND.
AND TO USES INCIDENTAL THERETO. AND PERTAINING TO THE CARE OF SAID CATTLE
DURING THE TIME THEY MAY BE PASTURED ON SAID RANGE.
EXCEPTING THE MINERAL INTERESTS RESERVED BY FIERMAN ARBANEY ALEX F. ARBANEY
AND LAURENT ARBANEY, JR., IN THAT CERTAIN DEED OF CONVEYANCE OF SAID ABOVE
DESCRIBED PROPERTY DATED DECEMBER 12. 1959.
AND
A PARCEL OF LAND SITUATED IN TRACT NO. 72 OF SECTION 26. TOWNSHIP 8 SOUTH.
RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN. LYING SOUTHERLY AND EASTERLY OF
THE TRACT LINE AND NORTHERLY OF THE CENTER OF THE ROARING FORK RIVER, SAID
PARCEL OF LAND IS DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED
FOR ANGLE POINT NO. 3 OF SAID TRACT NO. 72 ALSO BEING ANGLE POINT NO 4 OF
TRACT NO. 73 IN SAID SECTION 26;
f0111 IN 111 1C!1111I .IlII illy P.,g S .. .1,:d1 r rife,
!n.
JANICE K OM CAUDILL PIMA COUNTY CO R 0.00 0 0.N Our Order No: Q387183 . ; -•'
LEGAL DESCRIPTION
THENCE SOUTH 210.00 FEET TO A POINT IN THE CENTER OF SAID RIVER; .
THENCE NORTH 44 DEGREES 00'00" WEST 70.18 FEET ALONG THE CENTER OF SAID
RIVER: •
THENCE NORTH 73 DEGREES 12'00' WEST 141.98 FEET ALONG THE CENTER OF SAID RIVER
TO A POINT ON SAID TRACT LINE:
THENCE NORTH ALONG SAID TRACT LINE, 120.00 FEET TO ANGLE POINT 4 OF SAID TRACT
72;
THENCE SOUTH 89 DEGREES 31144' EAST 184.68 FEET ALONG SAID TRACT LINE TO ANGLE
POINT NO. 3 OF SAID TRACT NO. 72, THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO.
PARCEL 2:
A TRACT OF LAND LOCATED IN SECTION 26, AND DEIGN A PART OF TRACT 73. IN
TOWNSHIP 8 SOUTH. RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE
FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE CORNER 4 OF TRACT 72.TOWNSHIP 8 SOUTH, RANGE 86
WEST(WHICH IS A BRASS CAP MARKED TR73:AP4TR72; S26: 1928) BEARS SOUTH 76
DEGREES 36'30' EAST 1554.97 FEET;
THENCE SOUTH 89 DEGREES 44' WEST 207. 15 FEET;
THENCE NORTH 6 DEGREES 10' EAST 129.00 FEET TO THE.SOUTH RIGHT-OF-WAY LINE OF A
ROAD; -
THENCE SOUTH 87 DEGREES 2T EAST 190.15 FEET ALONG SAID RIGHT-OF-WAY
LINE;
THENCE SOUTH 1 DEGREES 36' EAST 118.86 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO.
EXCEPTING FROM PARCELS I AND 2 THE PROPERTY DESCRIBED IN INSTRUMENTS:
RECORDED MAY 19, 1997 UNDER RECEPTION NO. 404569
RECORDED MAY 20, 1999 UNDER RECEPTION NO. 431355
RECORDED JANUARY 12, 2001 UNDER RECEPTION NO. 450525.
00
H� Ili II Ii I 04/27/207 02:40
JANICE K VOO CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
CORIUNITY DOVELCPRENT 537125
ATTN RONNIE
( 1