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Home My WebLink Aboutpitkin.planning.291112100019 (2012)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF T11E INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P &Z Ordinance for the BOCC and/or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11117) Parcel ID: 2911- 12 -1 -00 -019 Application Date: 10/11/12 Case No: P099 -12 Planner: Suzanne Wolff Description: Matthews Extension of Vested Rights # Copies: 2 Allocated Hours: 4 % Over Hours. 4.8 Project Address: 0 LOWER HURRICANE RD, ASPEN, CO 81611 Property Owner: MATTHEWS JOHN CHARLES Owner's REP: ZAC MATTHEWS REP's Email: zactuck @yahoo.com Referrals: ALL OTHER REFERRALS Comments Due Date: 10/11/2013 Address: PO BOX 3724 ASPEN, CO 81612 Address: PO BOX 574 ASPEN, CO 81611 Other Referrals: Little Annie HOA none Meetings: 1st Meeting: 2nd Meeting: Meeting Date. 10/23/2013 Review Body: bocc Public Hearing? no Notice Date: Meeting Notes: Approvals: BOCC Resolution #: 085 -2013 #605487 P &Z Determination # BOCC Ordinance #: HO Determination #. Admin Determination #: Other Information: VR Approval Date: 10/23/2013 Plat Recorded Date: VR Expires Date: 10/23/2016 Plat (Bk, PG). Remarks: Application Type: Vested Rights - Extension /Reinstatement Owner Phone: REP's Phone: (970) 309 -1443 3rd Meeting: RECEPTION #: 605487,11/12/2013 at 03:27:18 PM, 1 OF 4, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE MATTHEWS REINSTATEMENT OF VESTED REAL PROPERTY RIGHTS Resolution No. 6� -2013 RECITALS I. John Matthews ( "Applicant') has applied to the Pitkin County Board of County Commissioners (BOCC ") to request a three year reinstatement of the vested right to construct an additional deed - restricted dwelling unit on the property. 2. The property is located at 250 Hurricane Road, and is more specifically described in Exhibit A. 3. The parcel contains 8.4 acres and is non - conforming in the Rural /Remote zone district. 4. The Planning Commission granted 1041 hazard review approval; pursuant to Resolution No. 85 -21. The existing cabin was constructed in 1987 and contains 1,038 square feet; associated development includes a well, water storage tank and septic system. The property was rezoned to Rural /Remote in 1994. 5. Pursuant to Resolution No. 074 -2009, the BOCC granted the following approvals: A. Activity Envelope to encompass the existing cabin and development, and a proposed additional dwelling unit. B. Site Plan Review for a buried water tank. C. Special Review and Site Plan Review to extend an electric service line to the property. D. Special Review and GMQS Exemption for a new 562 square foot deed restricted dwelling unit. E. Special Review to establish setbacks in the Rural /Remote zone district. 6. The Activity Envelope /Site Plan has not been recorded. The vested rights expired on November 4, 2012. 7. The BOCC heard this application at a regular meeting on October 23, 2013, at which time evidence and testimony were presented with respect to this application. 8. The BOCC finds that it is appropriate to grant a three year reinstatement of the vested rights for the additional deed- restricted dwelling unit to provide the Applicant additional time to obtain a legal water source for the unit and then proceed with the Site Plan Review application. 9. The BOCC further finds that the approved development continues to conform to the terms and provisions of the Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the Matthews Reinstatement of Vested Rights, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I. The Applicant shall adhere to all material representations made in public hearings and in the application. Resolution No. NJ -2013 Page 2 2. This vested right is granted in association with the approvals granted pursuant to BOCC Resolution No. 074 -2009. The conditions of Resolution No. 074 -2009 shall remain in full force and effect, except as amended herein. . Statutory vested rights for the approvals referenced 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 October 23. 2016. APPROVED AND ADOPTED on the 23'd day of October, 2013. PUBLISHED AFTER APOPTIQN FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the .4l'fday of J(Aj "Y, 2013. A Jones, Clerk and APPROVED AS TO FORM: John Ely, Co ty At y Case #P099-12 PID 291112100019 OF COUNTY COMMISSIONERS IN COUNT COLORADO George Date: p APPROVED AS TO CONTENT: Cindy 1-louben, Community Development Director ALTA OWNER'S POLICY — Amended 10/ HH /KK Order No.: 13458 SCHEDULE A Date of Policy: September 19, 1985 At '41:26 PM 1. Name of Insured: Policy No.: O 9902 Amount of Insurance Ell S 25,000.00 JOHN MATTHEWS 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: JOHN MATTHEWS 4. The land referred to in this policy is described as follows: GLOBE LODE, U.S.M.S. NO. 6987, as described in United States Patent recorded October 19, 1982 in Book 434 at.Page 228 being Reception No. 244870. Together with a perpetual non- exclusive easement and right of way for ingress and egress under terms and conditions as set forth in Easements Agreement recorded December 2, 1982 in Book 436 at Page 662 as Reception No. 246038. Said easement being 30 feet in width and more particularly described as follows: An easement situated in Sections 1 and 2, Township 11 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado. Said easement is 30.00 feet in width lying 15.00 feet on each side of the following described centerline: Beginning at a point whence Corner No. 3 of the Erie Lode, U.S.M.S. 3283 bears N 11 °49'00" E. 29.26 feet; thence S89 017'26" W. 106.05 feet; thence S87 056155" W. 33.93 feet; thence N63 057126" W. 25.43 feet; thence N38 °53'33" E. 65.49 feet; thence N38 °35'45" E. 36.09 feet; thence N42 047147" E. 76.98 feet; thence N29 °40'50" E. 22.90 feet; thence ND4 013'16" W. 22.65 feet; thence N28 020125" W. 25.38 feet; thence N39 015 °40" W. 68.79 feet; thence N40 059143" W. 74.23 feet; thence N53 041110" W. 32.88 feet; thence N83 °18'09" W. 34.08 feet to the centerline of the Little Annie's Road as now constructed and in use; thence the following courses and distances along said road: S 10146'11" W. 156.00 feet; S63 059'50" W. 55.24 feet; S83 107'24" W. 170.12 See Continuation Page AUTHORIZED COUNTERSIGNATURE STEWART TITLE GUARANTY COMPANY I ORDER NO.:13458 0 9902 080592 Attached to and made a part of Stewart Title Guaranty Company Policy No. A NO. 4 Continuation of Schedule feet; S67 °53'49" W. 150.68 feet; S73 °32'53" W. 132.25 feet; S78 041106" W. 107.64 feet; S75 °05'38" W. 74.07 feet; S68 050124" W. 57.00 feet; S57 028'12" W. 177.90 feet; S37 °55'04" W. 96.40 feet; S08 012123" W. 110.92 feet; S03 045'20" E. 120.46 feet; S13 032107" E. 278.18 feet; S24 022'03" W. 131.29 feet; S10 035121" E. 145.44 feet; S17 °21'10" W. 139.54 feet; S32 032109" W. 91.51 feet; S740 03'38" W. 16.65 feet more or less to the point of intersection with the easterly boundary line of Lime Creek Village Subdivision, First Filing. County of Pitkin, State of Colorado Page _ I STEWART TITLE ilium GUARANTY COMPANY MEMORANDUM TO: Board of County Commissioners Regular Meeting — October 23, 2013 a THRU: Cindy Hdulien, ommunity Development Director FROM: Suzanne Wolff, Senior Planner RE: Matthews Reinstatement of Vested Rights SUMMARY: Pursuant to Section 2 -20 -170, the Applicant is seeking a 3 year reinstatement of the vested right to construct a deed restricted dwelling unit in the Rural /Remote zone district. APPLICANT: John Matthews REPRESENTATIVE: Zac Matthews LOCATION: 250 Hurricane Road ZONING/LOT SIZE: The parcel contains 8.4 acres and is nonconforming parcel in the Rural /Remote zone district. EXISTING CONDITIONSBACKGROUND: The Planning Commission granted 1041 hazard review approval, pursuant to Resolution No. 85 -21. The existing cabin was constructed in 1987 and contains 1,038 square feet; associated development includes a well, water storage tank and septic system. The property was rezoned to Rural/Remote in 1994. Pursuant to Resolution No. 074 -2009, the BOCC granted the following approvals: • Activity Envelope to encompass the existing cabin and development, and a proposed additional dwelling unit. • Site Plan Review for a buried water tank • Special Review and Site Plan Review to extend an electric service line to the property. • Special Review and GMQS Exemption for a new 562 square foot deed restricted dwelling unit. • Special Review to establish setbacks in the Rural /Remote zone district. The vested rights expired on November 4, 2012. The application was submitted prior to that date, but was deemed incomplete at that time. Additional information was submitted in September, 2013 to complete the application. REFERRAL COMMENTS: The application was referred to the Little Annie Homeowners Association, but no comments were provided. 000001 4 fig' STAFF COMMENTS: VESTED RIGHTS EXTENSION /REINSTATEMENT: The Applicant is requesting a 3 year reinstatement for construction of the additional deed - restricted dwelling unit. The BOCC shall consider the following criteria in reviewing a request for a reinstatement of vested property rights: The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights. Response: None of the conditions of approval required performance prior to the date of application for the extension of vested rights. The conditions of approval are tied to performance (1) with a Site Plan Review application for the additional residence; (2) prior to issuance of an earthmoving permit to extend the electric line and replace the water tank; or (3) prior to issuance of a building permit for the additional dwelling unit. The Applicant has not submitted a Site Plan Review application or a building permit. The Applicant obtained a permit and extended the electric line. The Applicant has not yet obtained a permit to install the water tank. 2. The progress Made in pursuing the project to date, including the effort to obtain airy other permits, such as building permits, and the expenditures made by the applicant in pursuing the project. Response: The Applicant obtained an estimate of $28,280 for installation of the water tank with a hydrant for Fire Department access. The Applicant has invested over $30,000 in professional services to drill a new well to replace the original well; this well is limited to "ordinary household purposes inside one single family dwelling." The Applicant has not commenced the process with the State to obtain a water source for the additional dwelling unit. 3. The nature and extent of any benefits already received by the County as a result ofproject approval, such as impact fees or land dedications. Response: The Applicant states that the extension of electric power has allowed the Applicant to stop using a generator, which reduces noise. No impact fees or land dedications were required. d. The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. Response: The Applicant states that the deed restricted unit will benefit the County when it is built. The Applicant has started to work on plans for the additional dwelling unit, but has not had the time and resources to proceed with the Site Plan application for the additional dwelling unit (which includes establishing a water source for the additional dwelling unit). The approved development continues to conform to the terms and provisions of the Land Use Code. S. The Board shall also take into consideration the length of any appeal process or litigation and the subsequent effect of a lessened vesting period for property rights. Response: Not applicable. RECOMMENDATION: Staff recommends that the BOCC adopt a "motion to approve the Matthews Reinstatement of Vested Rights, subject to the attached Resolution." 000002 ATTACHMENTS: A. Resolution No. 074 -2009 B. Application C. Activity Envelope Plan 000003 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE MATTHEWS REINSTATEMENT OF VESTED REAL PROPERTY RIGHTS Resolution No. -2013 RECITALS 1. John Matthews ( "Applicant') has applied to the Pitkin County Board of County Commissioners ( "BOCC ") to request a three year reinstatement of the vested right to construct an additional deed - restricted dwelling unit on the property. 2. The property is located at 250 Hurricane Road, and is more specifically described in Exhibit A. 3. The parcel contains 8.4 acres and is non - conforming in the Rural /Remote zone district. 4. The Planning Commission granted 1041 hazard review approval, pursuant to Resolution No. 85-2 1. The existing cabin was constructed in 1987 and contains 1,038 square feet; associated development includes a well, water storage tank and septic system. The property was rezoned to Rural /Remote in 1994. 5. Pursuant to Resolution No. 074 -2009, the BOCC granted the following approvals: A. Activity Envelope to encompass the existing cabin and development, and a proposed additional dwelling unit. B. Site Plan Review for a buried water tank. C. Special Review and Site Plan Review to extend an electric service line to the property. D. Special Review and GMQS Exemption for a new 562 square foot deed restricted dwelling unit. E. Special Review to establish setbacks in the Rural /Remote zone district. 6. The Activity Envelope /Site Plan has not been recorded. The vested rights expired on November 4, 2012. 7. The BOCC heard this application at a regular meeting on October 23, 2013, at which time evidence and testimony were presented with respect to this application. 8. The BOCC finds that it is appropriate to grant a three year reinstatement of the vested rights for the additional deed - restricted dwelling unit to provide the Applicant additional time to obtain a legal water source for the unit and then proceed with the Site Plan Review application. 9. The BOCC further finds that the approved development continues to conform to the terms and provisions of the Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the Matthews Reinstatement of Vested Rights, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in public hearings and in the application. 00000 Resolution No -2013 Page 2 2. This vested right is granted in association with the approvals granted pursuant to BOCC Resolution No. 074 -2009. The conditions of Resolution No. 074 -2009 shall remain in full force and effect, except as amended herein. 3. Statutory vested rights for the approvals referenced 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 October 23. 2016. APPROVED AND ADOPTED on the 23`d day of October, 2013. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the day of 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jeanette Jones, George Newman, Chairman Deputy Clerk and Recorder Date: APPROVED AS TO FORM: John Ely, County Attorney Case 4P099 -12 PID 291112100019 00 , 00 S APPROVED AS TO CONTENT: � (Q- tL !'r v� Cindy Houben, Community Development Director RECEPTION #: 564647,11/19/2009 at 12:29:47 PM, 1 OF 9, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE MATTHEWS ACTIVITY ENVELOPE, SITE PLAN REVIEW AND SPECIAL REVIEW FOR DEVELOPMENT IN THE RURAUREMOTE ZONE DISTRICT Resolution No.0�-2009 RECITALS 1) John Charles Matthews (hereafter "Applicant ") has applied to the Board of County Commissioners of Pitkin County ( "BOCC ") to obtain Activity Envelope, Site Plan Review, and Special Review for development in the Rural /Remote zone district for the following development: A) Installation of a 10,000 gallon buried water tank to replace the existing 5,000 gallon tank and a fire hydrant; B) Construction of a new 562 square foot deed restricted dwelling unit; C) Extension of an electric service line approximately 700' up Lower Hurricane Road to the property; D) Establishing setbacks for the parcel. 2) The property is located on Lower Hurricane Road, and is more specifically described in Exhibit A. 3) fhe parcel contains 8.4 acres and is a nonconforming size parcel in the Rural /Remote zone district. 4) The Planning Commission granted 1041 hazard review approval, pursuant to Resolution No. 85 -21. 'The existing cabin was constructed in 1987 and contain 1,038 square feet; associated development included a well, water storage tank and septic system. The property was rezoned to Rural /Remote in 1994. The BOCC denied a previous request to extend the electric line, pursuant to Resolution No. 074 -2001, 5) The BOCC heard this application at a duly noticed public hearing on November 4, 2009, at which time evidence and testimony were presented with respect to this application. 6) The BOCC finds that the request complies with the applicable provisions of the Land Use Code ( "Code "), as follows: A) The Activity Envelope is located on slopes of less than 30 %, and the areas of slopes in excess of 30% qualify as minor slope anomalies pursuant to Sec. 7- 20- 20(c)(3) of the Code. B) The medium wildfire hazard can be mitigated C) The Activity Envelope avoids rockfall, debris flow and avalanche hazard areas, and is not within any mapped wildlife habitat areas. D) The property is not visible from Castle Creek Road, and, therefore, is not subject to the scenic view protection review standards. E) The existing dwelling unit of 1,038 square feet may be retained and, provided additional approvals are obtained, a new dwelling unit of 562 square feet may be exempted from growth management, pursuant to Sec. 6- 30 -40(b) of the Code. The additional dwelling unit complies with the special review criteria, subject to demonstration of an adequate water supply and non - merger of the property with the Site Plan Review application. F) Extension of the electric line is appropriate, compatible with the character of the surrounding area and consistent with the intent of the Rural /Remote zone district, given that alternative energy sources are ineffective and impractical for this particular site and carry greater adverse impacts 000006 I- - Resolution No. e" -2009 Page 2 0 than would be the case with an extension of an electric service line; the extension will not create a significant visual change or impact to the land, as the extension will occur within the road and driveway; and the existing cabin was built prior to the rezoning of the area to Rural /Remote and the electric transformer was in place at that time and was intended to serve the property. G) The proposed setbacks are appropriate to accommodate the existing and proposed development, and comply with the special review criteria. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the Matthews Activity Envelope, Site Plan Review and Special Review, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I ) The Applicant shall adhere to all material representations made in the current and prior applications and in public meetings or hearings. Those representations shall be conditions of approval, unless amended by other conditions. 2) This is not a final approval for the additional dwelling unit. The Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2 -30 -20 and 7 -10 -50 of the Code, prior to submission of a building permit application. The Site Plan Review application shall address the following, in addition to the other requirements specified above: A) Provide a title history for the parcel and contiguous parcels demonstrating the chain of title or a letter confirming non - merger from an attorney or title company. B) Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and Fire protection purposes for the additional dwelling unit. C) Demonstrate compliance with the rural character guidelines for building location in Sec. 7-20 - 120.e of the Code. D) Demonstrate that the site can accommodate an on -site wastewater treatment system (OWTS) that complies with the then current OWTS regulations. E) Submit a landscaping and tree removal /mitigation plan. An arborist shall address how remaining trees will be protected from impacts associated with the construction. 3) Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for approval by the County Attorney and Community Development Director an Activity Envelope Plan in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2. L L The above referenced approvals shall be a condition precedent to finalization and recordation. The Applicant shall designate the approved setbacks on the plan: 30' front yard setback (west property line); 35' rear yard setback (east property line); 5' side yard setback to replace the water tank and 20' side yard setback for above- ground improvements (north property line); and 100' side yard setback on the south side. 4) The parcel is exempt from Growth Management for up to 1,600 square feet of floor area, of which 1,038 square feet is contained in the existing dwelling unit, and 562 square feet may only be used to construct the additional deed - restricted dwelling unit 5) Prior to issuance of an earthmoving permit(s) to extend the electric line and replace the water tank, the Applicant shall: A) Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If site disturbance exceeds one (1) acre, the Applicant shall obtain a stormwater permit from the State of Colorado. 000003 Resolulion No. 07V-2009 Page 3 241111`3 B) Submit a construction management plan for review and approval by the Planning Engineer. C) Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall specify the native seed mix to be used, the rate at which it will be applied and the method of cover. D) Submit a tree removal /mitigation plan. 6) Prior to issuance of a building permit application to construct the additional dwelling unit, the Applicant shall: A) Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. B) Record a Deed Restriction to restrict the new dwelling unit to occupancy by qualified residents as defined in the Aspen /Pitkin County Housing Guidelines. Year -round occupancy of the unit shall not be required. Prior to recordation, the Applicant shall be required to submit the Deed Restriction for approval by the Housing Office and Community Development. C) Complete a fireplace /woodstove registration form with the Community Development Department, if necessary. D) Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If site disturbance exceeds one ( I ) acre, the Applicant shall obtain a stormwater permit from the State of Colorado. E) Submit a construction management plan for review and approval by the Planning Engineer. F) Pay the applicable road and employee housing impact fees. G) Obtain a permit from Environmental Health and Natural Resources to construct a new on -site wastewater disposal system. H) Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall specify the native seed mix to be used, the rate at which it will be applied and the method of cover. 1) Submit a landscaping and tree removal /mitigation plan. 1) Submit for and obtain an access permit to improve the existing driveway to current County standards, if required. 7) Areas disturbed by construction shall be re- vegetated within one growing season of the project's completion. 8) The electric line shall be buried within the access road and driveway. 9) The Applicant shall comply with the following standards for Development in a Medium Wildfire Hazard Area, unless varied based on recommendations made by a certified wildfire expert as part of the Site Plan Review. 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 (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): I ) Within 15' of all structures, the area should be of primarily noncombustible hardscape surfaces. Woody vegetation shall not be planted within this area. Firewood or other combustible materials should not be stored within this area. Aspen trees may be maintained within 15' of structures, if the defensible space is extended outward from the furthest growth cloaO Resolution No 011 -2009 Page 4 cm expected from the mature trees. Crowns of vegetation within these clusters should be at least 10 feet from any portion of the structures. Limbs of trees within these clusters should be pruned to one half the height of the tree or 10', whichever is less. 2) The area under the deck and porch of the existing cabin shall be cleared of vegetation and gravel or other hardscape material should be maintained in this area. 3) Within 35' of all structures, maintain natural and /or irrigated grass at less than 6 ", and maintain existing trees and brush as individuals or clusters. The existing aspen trees are appropriately spaced. 4) Limbs of all trees shall be pruned to one half the height of the tree or 10', whichever is less. No brush or shrubs which when mature will be tall enough to act as ladder fuel should be provided or maintained around the trees. These clusters of bushes or trees should be separated from each other by a distance of 2 '/l times the height of the mature vegetation. The diameter of a cluster should be limited to 2 '/2 times the height of the mature vegetation. 5) Thin and remove lower branches of brush or shrubs within clusters or individual plants to eliminate ladder fuel. "Treat the cut end of shrubs with Garlon or an equivalent herbicide to prevent resprouting. Cut material shall be removed or chipped and spread. 6) Within 100' of all structures or to the property line, remove all standing dead and deadfall. 7) The Applicant shall be responsible to maintain the defensible space. B) Roofing. Class A covering or Class A Assembly as defined by the currently adopted Building Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: I . 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 rootline, 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 C) Roof Venting: 1. Soffit venting shall be located in the outer 1 /3rd portion of the overhang. 2. Attic, soffit and other roof venting shall be of non - corrosive metal mesh with maximum '''A openings. D) Projections at the Roofline, including Soffits. Rafters, Porch or Deck Roofs, Fascias, or Other: 1. Sheath with non - combustible materials, or 2. Combustible material underlain with 5/8" Type X gypboard or equal, or 3. Minimum 4x6 rafters with 2x T &G decking. E) Decks, Decking, Cantilevered Floors, or Other Projections below the Roofline Minimum 6x6 posts, 6x10 beams, 3x8joists, 3x decking, and 2x railing, or equivalent log construction 0000F y 10011111 Resolution N4fV -3009 Page 5 F) Water Supply for Fire Safety I. Individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The lot shall have a minimum 20,000 gallon water storage tank (or alternative approved by the Fire District). 2. In -house sprinkler systems that meet the standards of the AFPD and the adopted Building Code shall be installed in all new buildings. G) Maintenance and Miscellaneous Requirements I . Roofs and gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one -fourth ('A) inch maximum. 3. Any outbuilding shall adhere to the same wildfire requirements. 4. Yards shall be kept clear of all litter, slash and flammable debris. 5. All flammable materials shall be stored indoors or on a parallel contour a minimum of fifteen (15) feet away from any structure. 6. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 7. Firewood /wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8. Swimming pools and ponds shall be accessible by the local fire district. 9. Fences shall be kept clear of brush and debris. 10. Wood fences shall not connect to other structures. 11. Fuel tanks shall be installed underground with an approved container. 12. 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. 13. Each structure shall have a minimum ofone ten (10) pound ABC fire extinguisher. 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. 10) The Applicant shall comply with the following conditions regarding wildlife: A) Fencing is outside of the Activity Envelope is prohibited. B) Fruit bearing trees and shrubs shall be prohibited. C) Trash /garbage shall be kept in an approved bear resistant container or enclosure, including during construction. D) Pets shall not be fed outside. Bird feeders shall be avoided from April through November. Lever style door handles shall be avoided on the exterior of the house. Composting shall be limited to yard waste. E) Contractors shall be prohibited from bringing dogs on -site during construction. F) No development shall occur outside of the approved activity envelope, including vegetation manipulation, with the exception of weed management or wildfire mitigation. Resolution No^ -2009 Page 6 11) Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelopes and install construction fencing around the construction site within the perimeter of the envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 12) No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 13) 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. 14) The Applicant shall make a payment equal to the amount paid by each property owner in the Little Annie Homeowners Association, if the County agrees to apply dust suppressant to Little Annie Road from Castle Creek Road to lower 1 lurricane Road and requests a contribution from the homeowners. 15) Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 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, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on November 4, 2012. O®UO11 Resolution No 6V -2009 Page 7 A NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 4" day of October, 2009. APPROVED this 4 °i day of November, 2009, PUBLISHED AFTER ADOPTION FO VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the ay of ttir- , 2009. Jones, Clerk to the ED AS TO BOARD OF COUNTY COMMISSIONERS, PITKIN ,COUNTY, COLORADO 1 By Patti Kay- lapper, C air APPROVED AS TO FORM: IiIVt ((` > L. Ito 'Cindy Houben John Ely Community Development Director County Attorney P079 -W PID #291112100019 oouO12 ALTA OWNERS POLICY — Amended 10/ ` HH /KK SCHEDULE A Order No.: 13458 Date of Policy: September 19, 1985 At 4:26 PM 1. Name of Insured: EXHIBIT Policy No.: O 9902 Amount of Insurance: S 25,000.00 JOHN MATTHEWS 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: JOHN MATTHEWS 4. The land referred to in this policy is described as follows: GLOBE LODE, U.S.M.S. N0. 6987, as described in United States Patent recorded October 19, 1982 in Book 434 at Page 228 being Reception No. 244870. Together with a perpetual non- exclusive easement and right of way for ingress and egress under terms and conditions as set forth in Easements Agreement recorded December 2, 1982 in Book 436 at Page 662 as Reception No. 246038. Said easement being 30 feet in width and more particularly described as follows: An easement situated in Sections 1 and 2, Township 11 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado. Said easement is 30.00 feet in width lying 15.00 feet on each side of the following described centerline: Beginning at a point whence Corner No. 3 of the Erie Lode, U.S.M.S. 3283 bears N 11°49'00" E. 29.26 feet; thence S89 °17'26" W. 106.05 feet; thence S87 056155" W. 33.93 feet; thence N63 957'26" W. 25.43 feet; thence N38 °53'33" E. 65.49 feet; thence N38 °35'45" E. 36.09 feet; thence N42 147'47" E. 76.98 feet; thence N29 °40'50" E. 22.90 feet; thence N04 °13'16" W. 22.65 feet; thence N28 020125" W. 25.38 feet; thence N39 015 040" W. 68.79 feet; thence N40059143" w. 74.23 feet; thence N53 041'10" W. 32.88 feet; thence N83 018'09" W. 34.08 feet to the centerline of the Little Annie's Road as now constructed and in use; thence the following courses and distances along said road: S 10 046'11" W. 156.00 feet; S63 °59'50" W. 55.24 feet; S83 "07'24" W. 170.12 See Continuation Page -Z AUTHORIZED COUNTERSIGNATURE J�� STEWART TITUE GUARANTY COMPANY ORDER NO. :13458 0 9902 080592 Attached to and made a part of Stewart Title Guaranty Company Policy No. A N0. 4 Continuation of Schedule feet; S67 053149" W. 150.68 feet; S73 °32'53" W. 132.25 feet; S78 041106" W. 107.64 feet; S75 °05'38" W. 74.07 feet; S68 050124" W. 57.00 feet; S57 028112" W. 177.90 feet; S37 °55'04" W. 96.40 feet; S08 012123" W. 110.92 feet; S03 145'20" E. 120.46 feet; S13 °32'07" E. 278.18 feet; S24 °22'03" W. 131.29 feet; S10 035121" E. 145.44 feet; S17 021'10" W. 139.54 feet; S32 032'09" W. 91.51 feet; S74° 03'38" W. 16.65 feet more or less to the point of intersection with the easterly boundary line of Lime Creek Village Subdivision. First Filinn_ County of Pitkin, State of Colorado Page 0000 �� q STEWART TITLE CUAHANTY COMPANY cm September 19th, 2013 In care of Suzanne Wolff Senior Planner Pitkin County Community Development 130 S. Galena Street Aspen, Colorado 81611 (970)920 -5226 Suzanne.wolff @co.pitkin.co.us Dear Suzanne, RE: EXTENSION OF VESTED RIGHTS FOR JOHN MATTHEWS LOWER HURRICANE RD (CASE# P099 -12) This is a letter requesting an extension of vested rights previously granted to the property owned by John Matthews on Lower hurricane Rd, also known as the Globe Lode, U.S.M.S. NO 6987. (Description of property, including Township and range is included in letter.) This application is being submitted by John Matthews, the owner of the property (hereinafter, "the applicant "). A legal description and proof of ownership of the property is attached, hereto as Exhibit #1. Staff has requested a document from the applicant that addresses the development review procedure established by the Pitkin County Land Use Code to accomplish the request of the extension of vested rights on behalf of the applicant. EXTENSION OR REINSTATMENT OF VESTED PROPERTY RIGHTS, pursuant to Section. 2- 20- 170(d) of the Pitkin County Land Use Code. The following section of this letter will address the provisions of the Land Use Code that are pertinent to the application, as well as provide staff with the additional information they requested to clarify the application for the Extension of Vested Rights. The subject property 8.4 acres and is zoned Rural /Remote. The property includes a cabin that was constructed in 1987, it is 1,038 square feet. The property was rezoned to Rural /Remote in 1994. The planning commission granted 1041 hazard review approval, pursuant to resolution No 85 -21. The BOCC heard the original application at a special reviews public hearing on November 4th, 2009. Based on the evidence provided at the aforementioned hearing the BOCC unanimously found that the original request complied with the provisions of the Land Use Code. C0uua� Page 2 iM During the BOCC Special Review the applicant obtained approval, provided additional approvals are obtained for a new dwelling unit of 562 square feet, to be exempted from growth management pursuant to Sec 6- 30 -40(b) of the code. This additional dwelling unit complies with the special review criteria, subject to demonstration of an adequate water supply and non- merger of property with the site plan review. The applicant has invested a considerable amount of labor and capital to obtain another well on the property which will satisfy the need to demonstrate the water supply concern. The applicant continues to work on plans that will advance the building of the additional dwelling. The applicant asserts that the Extension of Vested Rights would allow him the additional time needed to design a dwelling that conforms to the precise nature of the Rural /Remote Zoning. The applicant use the Extension Of Vested Rights to assess new green building techniques such as SIPS panel construction, that would allow the new dwelling to fire safe and more energy efficient then the existing Log dwelling. Standards for Extension or Reinstatement of Vested Rights. Section 2- 20- 170(d) of the Land Use Code authorizes the Board to extend or reinstate vested property rights for a period of up to Three (3) years. This section provides that a development that is granted an extension or reinstatement of vested rights shall conform to the provisions of the Land Use Code. The applicant John Matthews hereby agrees that the development planned for the property will conform to the provisions in the Land Use Code now in effect, as well as the provisions spelled out in the BOCC special review resolution. Section 2- 20- 170(d) (a) The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights. Response: The applicant has provided a title history for the property as well as provided an addition water source for domestic and fire protection purposes, as well as the additional dwelling unit. The applicant has a building location that is in compliance with the rural character guidelines for building locations in section 7- 20 -120.e of the code. The applicant has installed anew wastewater treatment system (OWTS) that complies with current OWTS regulations. (b) The progress made in pursuing the project to date including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project. (,300016 iii �r Page 3 PI Response: The applicant has been earnestly diligent in his pursuit of this project. The applicant has invested over $30,000 in professional services to acquire an additional water source (well drilling and piping) to provide for the wildfire protection and additional dwelling unit. The applicant has also brought the wastewater treatment into compliance. (c) The nature and extent of any benefits already received by the county as a result of project approval such as impact fees or land dedications. Response: The county has already received benefit from this project by allowing the applicant to establish setbacks for the parcel as well as the extension of electric power which has allowed the applicant to stop using his generator for power, this in turn has implemented the character or the Rural /Remote zoning and has created a noise reduction that has allowed a large herd of elk to winter on the applicants property. (d) The needs of the county and the applicant that would be served by approval of the extension or reinstatement of vested rights. Response: The key benefit that the county will receive as a result of this project is an employee housing dwelling. During the special review in front of the BOCC the applicant agreed to categorize the new 562 square foot dwelling as an employee housing unit. (e) The board shall also take into consideration the length of any appeal processor litigation and the subsequent effect of a lessened vesting period for property rights. Response: The applicant does not believe that this is applicable to the current application. (2) COSTS Response: no response. Please address any questions about this application to, Zac Matthews (970)- 309 -1443 zactuck@vahoo.com 990011 w Me UN 7 D: n J wRNEnNw. I i°�ielvo- D.S.P.S YABBA DAEEA DO LOCATION CLAIM NOT PATENDED KOFITION NO. ASSOO S TO .IE HTATUI NUNIOSTRAN Jt�U�1� o- 0 z- 0 A, g O x. s f (VATTHEWS ACTIVITY ENVELOPE PLAN IF IIO WTIpIF RnX6E R9 AS" NA THE AN, YR INtIPnt' NNR1.IxM. amTr DF "III. ITAIF CE CMORMO tMUIRIW P. 11]l, R69 ARICA .a11NCNETI C AHERRPp. SARCD, ID RO- 'S'S1 W019 ' tN -I rECx. aNEn �'I NaAa IACT IVITV. Iv nR 91 -1 QIe GLOEE M.S. 6987 TAP I JICDxlrteslo' I. ESA .lE MORE WRIT. .K... s . Tux a R.2 .NN. n9 RI u.S.P.S. MAGNET M.S. 69$1 N VICINITY MAP SHEET i OF I LEGEND AND NOTES O FORTRAN NolMlN2 AH ONHanED 0 D21u" Sox A HARVEY CYITEDL 0 HIOK IOYFM mLE IIDORN.TISA aNxluw Pr: HMMT TITLE OF ttIMMO - nzNSA DIVIS1oN IRasn. T:� Mn FATESWEA 12, NASA ® AINaE • WELL Leh At DEtCRtPT'ION RdE<p OGIS.EX "io- ..]SIFSOO A. AA, ANNE .1. ASEOSECxEPWNTIi1nIlA ND AS 2..970. TrcITMA Si TN A IF.. R- EELKIIN FA9BBrt /MD 3o OG MV �EnsEI BlI9 n4E0£OTS IxELARL DC 6i E WE IN EOQ OHETM A, AR' Az AN zRexza. ii�s COAR. oNacuNUu IRNFS Il AN, II..OvDNNNSS FRSAN TE PAP AND COU NA, TIEREOG AIER SOARD OF COONTY C09tlHSSIONEE9 APELOVAL I. SBAAND K mYNTACON11 BIpQRH MISREV IESEOr nvvR MED Br OF ]000, nM 9 EOU., TO EIE CMDI TIOM9 NOTED WAIXSH. [ ITy LEVELOGHENE DI C'. CLSR[ AND JACOPOSE ACCEPTANC• TNNI9 A[TWIVIT .'U.T�1AAIl NA9 SEEM ACCEGTEO M GILIND N THE GICOnV CL ER SAN" WA x OF GLATNAOORNMRr ACOLOST A1N 19 RECEIII ON W. PREPARED EY ASPEN SURVEY ENGINEERS, INC 210 SOUTH GALENA STREET ASPEN, COLORADO EID11 PHONE/FAX MAO) 925 -3810 DATE .109 voa SLOPE LEGEND urER Iz01 "OPEE P-- H - -R- -c ❑ -O -bl POSTED OF MiFfi norea 20 -bN nn -N -o -m 9[AtE I'- ]O' ® fL0GE8 a W ITS.. 8.0.111 O ]O AO ] TOOT CONTOURS w Me UN 7 D: n J wRNEnNw. I i°�ielvo- D.S.P.S YABBA DAEEA DO LOCATION CLAIM NOT PATENDED KOFITION NO. ASSOO S TO .IE HTATUI NUNIOSTRAN Jt�U�1� o- 0 z- 0 A, g O x. s f (VATTHEWS ACTIVITY ENVELOPE PLAN IF IIO WTIpIF RnX6E R9 AS" NA THE AN, YR INtIPnt' NNR1.IxM. amTr DF "III. ITAIF CE CMORMO tMUIRIW P. 11]l, R69 ARICA .a11NCNETI C AHERRPp. SARCD, ID RO- 'S'S1 W019 ' tN -I rECx. aNEn �'I NaAa IACT IVITV. Iv nR 91 -1 QIe GLOEE M.S. 6987 TAP I JICDxlrteslo' I. ESA .lE MORE WRIT. .K... s . Tux a R.2 .NN. n9 RI u.S.P.S. MAGNET M.S. 69$1 N VICINITY MAP SHEET i OF I LEGEND AND NOTES O FORTRAN NolMlN2 AH ONHanED 0 D21u" Sox A HARVEY CYITEDL 0 HIOK IOYFM mLE IIDORN.TISA aNxluw Pr: HMMT TITLE OF ttIMMO - nzNSA DIVIS1oN IRasn. T:� Mn FATESWEA 12, NASA ® AINaE • WELL Leh At DEtCRtPT'ION RdE<p OGIS.EX "io- ..]SIFSOO A. AA, ANNE .1. ASEOSECxEPWNTIi1nIlA ND AS 2..970. TrcITMA Si TN A IF.. R- EELKIIN FA9BBrt /MD 3o OG MV �EnsEI BlI9 n4E0£OTS IxELARL DC 6i E WE IN EOQ OHETM A, AR' Az AN zRexza. ii�s COAR. oNacuNUu IRNFS Il AN, II..OvDNNNSS FRSAN TE PAP AND COU NA, TIEREOG AIER SOARD OF COONTY C09tlHSSIONEE9 APELOVAL I. SBAAND K mYNTACON11 BIpQRH MISREV IESEOr nvvR MED Br OF ]000, nM 9 EOU., TO EIE CMDI TIOM9 NOTED WAIXSH. [ ITy LEVELOGHENE DI C'. CLSR[ AND JACOPOSE ACCEPTANC• TNNI9 A[TWIVIT .'U.T�1AAIl NA9 SEEM ACCEGTEO M GILIND N THE GICOnV CL ER SAN" WA x OF GLATNAOORNMRr ACOLOST A1N 19 RECEIII ON W. PREPARED EY ASPEN SURVEY ENGINEERS, INC 210 SOUTH GALENA STREET ASPEN, COLORADO EID11 PHONE/FAX MAO) 925 -3810 DATE .109 voa September 19`h, 2013 In care of Suzanne Wolff Senior Planner Pitkin County Community Development 130 S. Galena Street Aspen, Colorado 81611 (970)920 -5226 Suza n n e.wo Iff @co.pitkin.co.us To whom it may concern, I John Matthews am writing this letter to request an extension of vested rights. (Case #13099 -12) Signature, Date 000001 0-� l3 September 19th, 2013 In care of Suzanne Wolff Senior Planner Pitkin County Community Development 130 S. Galena Street Aspen, Colorado 81611 (970)920 -5226 Suzanne.wolff@co.pitkin.co.us Dear Suzanne, RE: EXTENSION OF VESTED RIGHTS FOR JOHN MATTHEWS LOWER HURRICANE RD (CASE# P099 -12) This is a letter requesting an extension of vested rights previously granted to the property owned by John Matthews on Lower hurricane Rd, also known as the Globe Lode, U.S.M.S. NO 6987. (Description of property, including Township and range is included in letter.) This application is being submitted by John Matthews, the owner of the property (hereinafter, "the applicant'). A legal description and proof of ownership of the property is attached, hereto as Exhibit #1. Staff has requested a document from the applicant that addresses the development review procedure established by the Pitkin County Land Use Code to accomplish the request of the extension of vested rights on behalf of the applicant. EXTENSION OR REINSTATMENT OF VESTED PROPERTY RIGHTS, pursuant to Section. 2- 20- 170(d) of the Pitkin County Land Use Code. The following section of this letter will address the provisions of the Land Use Code that are pertinent to the application, as well as provide staff with the additional information they requested to clarify the application for the Extension of Vested Rights. The subject property 8.4 acres and is zoned Rural /Remote. The property includes a cabin that was constructed in 1987, it is 1,038 square feet. The property was rezoned to Rural /Remote in 1994. The planning commission granted 1041 hazard review approval, pursuant to resolution No 85 -21. The BOCC heard the original application at a special reviews public hearing on November 4t6, 2009. Based on the evidence provided at the aforementioned hearing the BOCC unanimously found that the original request complied with the provisions of the Land Use Code. 000002 Page 2 During the BOCC Special Review the applicant obtained approval, provided additional approvals are obtained for a new dwelling unit of 562 square feet, to be exempted from growth management pursuant to Sec 6- 30 -40(b) of the code. This additional dwelling unit complies with the special review criteria, subject to demonstration of an adequate water supply and non- merger of property with the site plan review. The applicant has invested a considerable amount of labor and capital to obtain another well on the property which will satisfy the need to demonstrate the water supply concern. The applicant continues to work on plans that will advance the building of the additional dwelling. The applicant asserts that the Extension of Vested Rights would allow him the additional time needed to design a dwelling that conforms to the precise nature of the Rural /Remote Zoning. The applicant use the Extension Of Vested Rights to assess new green building techniques such as SIPS panel construction, that would allow the new dwelling to fire safe and more energy efficient then the existing Log dwelling. Standards for Extension or Reinstatement of Vested Rights. Section 2- 20- 170(d) of the Land Use Code authorizes the Board to extend or reinstate vested property rights for a period of up to Three (3) years. This section provides that a development that is granted an extension or reinstatement of vested rights shall conform to the provisions of the Land Use Code. The applicant John Matthews hereby agrees that the development planned for the property will conform to the provisions in the Land Use Code now in effect, as well as the provisions spelled out in the BOCC special review resolution. Section 2- 20- 170(d) (a) The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights. Response: The applicant has provided a title history for the property as well as provided an addition water source for domestic and fire protection purposes, as well as the additional dwelling unit. The applicant has a building location that is in compliance with the rural character guidelines for building locations in section 7- 20 -120.e of the code. The applicant has installed anew wastewater treatment system (OWTS) that complies with current OWTS regulations. (b) The progress made in pursuing the project to date including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project. Uvt��J03 Page 3 Response: The applicant has been earnestly diligent in his pursuit of this project. The applicant has invested over $30,000 in professional services to acquire an additional water source (well drilling and piping) to provide for the wildfire protection and additional dwelling unit. The applicant has also brought the wastewater treatment into compliance. (c) The nature and extent of any benefits already received by the county as a result of project approval such as impact fees or land dedications. Response: The county has already received benefit from this project by allowing the applicant to establish setbacks for the parcel as well as the extension of electric power which has allowed the applicant to stop using his generator for power, this in turn has implemented the character or the Rural /Remote zoning and has created a noise reduction that has allowed a large herd of elk to winter on the applicants property. (d) The needs of the county and the applicant that would be served by approval of the extension or reinstatement of vested rights. Response: The key benefit that the county will receive as a result of this project is an employee housing dwelling. During the special review in front of the BOCC the applicant agreed to categorize the new 562 square foot dwelling as an employee housing unit. (e) The board shall also take into consideration the length of any appeal process or litigation and the subsequent effect of a lessened vesting period for property rights. Response: The applicant does not believe that this is applicable to the current application. (2) COSTS Response: no response. Please address any questions about this application to, Zac Matthews (970)- 309 -1443 zactuck @vahoo.com U00004 RECEPTION #: 564647,11/19/2009 at 12:29:47 PM, 1 OF 9, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE MATTHEWS ACTIVITY ENVELOPE, SITE PLAN REVIEW AND SPECIAL REVIEW FOR DEVELOPMENT IN THE RURAL/REMOTE ZONE DISTRICT Resolution No.0�-2009 RECITALS 1) John Charles Matthews (hereafter "Applicant ") has applied to the Board of County Commissioners of Pitkin County ( "BOCC ") to obtain Activity Envelope, Site Plan Review, and Special Review for development in the Rural/Remote zone district for the following development: A) Installation of a 10,000 gallon buried water tank to replace the existing 5,000 gallon tank and a fire hydrant; B) Construction of a new 562 square foot deed restricted dwelling unit; C) Extension of an electric service line approximately 700' up Lower Hurricane Road to the property; D) Establishing setbacks for the parcel. 2) The property is located on Lower Hurricane Road, and is more specifically described in Exhibit A. 3) ]'he parcel contains 8.4 acres and is a nonconforming size parcel in the Rural /Remote zone district. 4) The Planning Commission granted 1041 hazard review approval, pursuant to Resolution No. 85 -21. The existing cabin was constructed in 1987 and contain 1,038 square feet; associated development included a well, water storage tank and septic system. The property was rezoned to Rural /Remote in 1994. The BOCC denied a previous request to extend the electric line, pursuant to Resolution No. 074 -2001. 5) The BOCC heard this application at a duly noticed public hearing on November 4, 2009, at which time evidence and testimony were presented with respect to this application. 6) The BOCC finds that the request complies with the applicable provisions of the Land Use Code ( "Code "), as follows: A) The Activity Envelope is located on slopes of less than 30 %, and the areas of slopes in excess of 30% qualify as minor slope anomalies pursuant to Sec. 7- 20- 20(c)(3) of the Code. B) The medium wildfire hazard can be mitigated. C) The Activity Envelope avoids rockfall, debris Flow and avalanche hazard areas, and is not within any mapped wildlife habitat areas. D) The property is not visible from Castle Creek Road, and, therefore, is not subject to the scenic view protection review standards. E) The existing dwelling unit of 1,038 square feet may be retained and, provided additional approvals are obtained, a new dwelling unit of 562 square feet may be exempted from growth management, pursuant to Sec. 6- 30 -40(b) of the Code. The additional dwelling unit complies with the special review criteria, subject to demonstration of an adequate water supply and non - merger of the property with the Site Plan Review application. F) Extension of the electric line is appropriate, compatible with the character of the surrounding area and consistent with the intent of the Rural /Remote zone district, given that alternative energy sources are ineffective and impractical for this particular site and carry greater adverse impacts n uu�u 5 Resolulion No. Qq -2009 Page 2 than would be the case with an extension of an electric service line; the extension will not create a significant visual change or impact to the land, as the extension will occur within the road and driveway; and the existing cabin was built prior to the rezoning of the area to Rural /Remote and the electric transformer was in place at that time and was intended to serve the property. G) The proposed setbacks are appropriate to accommodate the existing and proposed development, and comply with the special review criteria. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the Matthews Activity Envelope, Site Plan Review and Special Review, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1) The Applicant shall adhere to all material representations made in the current and prior applications and in public meetings or hearings. Those representations shall be conditions of approval, unless amended by other conditions. 2) This is not a final approval for the additional dwelling unit. The Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2 -30 -20 and 7 -10 -50 of the Code, prior to submission of a building permit application. The Site Plan Review application shall address the following, in addition to the other requirements specified above: A) Provide a title history for the parcel and contiguous parcels demonstrating the chain of title or a letter confirming non - merger from an attorney or title company. B) Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes for the additional dwelling unit. C) Demonstrate compliance with the rural character guidelines for building location in Sec. 7-20 - 120.e of the Code. D) Demonstrate that the site can accommodate an on -site wastewater treatment system (OWTS) that complies with the then current OWTS regulations. E) Submit a landscaping and tree removal /mitigation plan. An arborist shall address how remaining trees will be protected from impacts associated with the construction. 3) Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for approval by the County Attorney and Community Development Director an Activity Envelope Plan in accordance with I.and Use Code Section 2- 30 -20(g) and Application Manual Section 2 I.I. The above referenced approvals shall be a condition precedent to finalization and recordation. The Applicant shall designate the approved setbacks on the plan: 30' front yard setback (west property line); 35' rear yard setback (east property line); 5' side yard setback to replace the water tank and 20' side yard setback for above- ground improvements (north property line); and 100' side yard setback on the south side. 4) The parcel is exempt from Growth Management for up to 1,600 square feet of Floor area, of which 1,038 square feet is contained in the existing dwelling unit, and 562 square feet may only be used to construct the additional deed - restricted dwelling unit. 5) Prior to issuance of an earthmoving permit(s) to extend the electric line and replace the water tank, the Applicant shall: A) Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If site disturbance exceeds one (I) acre, the Applicant shall obtain a stormwater permit from the State of Colorado. 0.00006 Resolution No.OV -2009 Page 3 B) Submit a construction management plan for review and approval by the Planning Engineer. C) Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall specify the native seed mix to be used, the rate at which it will be applied and the method of cover. D) Submit a tree removal /mitigation plan. 6) Prior to issuance of a building permit application to construct the additional dwelling unit, the Applicant shall: A) Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. B) Record a Deed Restriction to restrict the new dwelling unit to occupancy by qualified residents as defined in the Aspen /Pitkin County Housing Guidelines. Year -round occupancy of the unit shall not be required. Prior to recordation, the Applicant shall be required to submit the Deed Restriction for approval by the Housing Office and Community Development. C) Complete a fireplace /woodstove registration form with the Community Development Department, if necessary D) Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If site disturbance exceeds one ( I) acre, the Applicant shall obtain a stormwater permit from the State of Colorado. E) Submit a construction management plan for review and approval by the Planning Engineer. F) Pay the applicable road and employee housing impact fees. G) Obtain a permit from Environmental Health and Natural Resources to construct a new on -site wastewater disposal system. H) Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall specify the native seed mix to be used, the rate at which it will be applied and the method of cover. 1) Submit a landscaping and tree removal /mitigation plan. J) Submit for and obtain an access permit to improve the existing driveway to current County standards, if required. 7) Areas disturbed by construction shall be re- vegetated within one growing season of the project's completion. 8) The electric line shall be buried within the access road and driveway. 9) The Applicant shall comply with the following standards for Development in a Medium Wildfire Hazard Area, unless varied based on recommendations made by a certified wildfire expert as part of the Site Plan Review. 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 (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): 1) Within 15' of all structures, the area should be of primarily noncombustible hardscape surfaces. Woody vegetation shall not be planted within this area. Firewood or other combustible materials should not be stored within this area. Aspen trees may be maintained within 15' of structures, if the defensible space is extended outward from the furthest growth 00 0 0 -I' 1 Resolution No M -?009 Page 4 expected from the mature trees. Crowns of vegetation within these clusters should be at least 10 feet from any portion of the structures. Limbs of trees within these clusters should be pruned to one half the height of the tree or 10', whichever is less. 2) The area under the deck and porch of the existing cabin shall be cleared of vegetation and gravel or other hardscape material should be maintained in this area. 3) Within 35' of all structures, maintain natural and /or irrigated grass at less than 6 ", and maintain existing trees and brush as individuals or clusters. The existing aspen trees are appropriately spaced. 4) Limbs of all trees shall be pruned to one half the height of the tree or 10', whichever is less. No brush or shrubs which when mature will be tall enough to act as ladder fuel should be provided or maintained around the trees. These clusters of bushes or trees should be separated from each other by a distance of 2 '/2 times the height of the mature vegetation. The diameter of a cluster should be limited to 2 '/z times the height of the mature vegetation. 5) Thin and remove lower branches of brush or shrubs within clusters or individual plants to eliminate ladder fuel. "Treat the cut end of shrubs with Garlon or an equivalent herbicide to prevent resprouting. Cut material shall be removed or chipped and spread. 6) Within 100' of all structures- or to the property line, remove all standing dead and deadfall. 7) The Applicant shall be responsible to maintain the defensible space. B) Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: I . 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 rootline, 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. C) Roof Venting: I. Soffit venting shall be located in the outer 1 /3rd portion of the overhang. 2. Attic, soffit and other roof venting shall be of non - corrosive metal mesh with maximum '' /e" openings. D) Projections at the Roofline, including Soffits. Rafters, Porch or Deck Roofs, Fascias, or Other: 1. Sheath with non - combustible materials, or 2. Combustible material underlain with 5/8" Type X gypboard or equal, or 3. Minimum 4x6 rafters with 2x T &G decking. E) Decks, Decking, Cantilevered Floors, or Other Projections below the Roofline Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railing, or equivalent log construction. Resolution No.0i( -2009 Page 5 F) Water Supply for Fire Safety Individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The lot shall have a minimum 20,000 gallon water storage tank (or alternative approved by the Fire District). 2. In -house sprinkler systems that meet the standards of the AFPD and the adopted Building Code shall be installed in all new buildings. G) Maintenance and Miscellaneous Requirements I . Roofs and gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one -fourth ('/4) inch maximum. 3. Any outbuilding shall adhere to the same wildfire requirements. 4. Yards shall be kept clear of all litter, slash and flammable debris. 5. All flammable materials shall be stored indoors or on a parallel contour a minimum of fifteen (15) feet away from any structure. 6. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 7. Firewood /wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8. Swimming pools and ponds shall be accessible by the local fire district. 9. Fences shall be kept clear of brush and debris. 10. Wood fences shall not connect to other structures. 11. Fuel tanks shall be installed underground with an approved container. 12. 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. 13. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 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. 10) The Applicant shall comply with the following conditions regarding wildlife: A) Fencing is outside of the Activity Envelope is prohibited. B) Fruit bearing trees and shrubs shall be prohibited. C) Trash /garbage shall be kept in an approved bear resistant container or enclosure, including during construction. D) Pets shall not be fed outside. Bird feeders shall be avoided from April through November. Lever style door handles shall be avoided on the exterior of the house. Composting shall be limited to yard waste. E) Contractors shall be prohibited from bringing dogs on -site during construction. F) No development shall occur outside of the approved activity envelope, including vegetation manipulation, with the exception of weed management or wildfire mitigation. i_U�;JO� I Resolution No.OY -2009 Pagc 6 — 11) Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelopes and install construction fencing around the construction site within the perimeter of the envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 12) No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 13) 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 -coning regulations. 14) The Applicant shall make a payment equal to the amount paid by each property owner in the Little Annie Homeowners Association, if the County agrees to apply dust suppressant to Little Annie Road from Castle Creek Road to Lower I lurricane Road and requests a contribution from the homeowners. 15) Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 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, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on November 4, 2012. Resolution No. 6N -2009 Page 7 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 4ih day of October, 2009. APPROVED this 4 "' day of November, 2009, PUBLISHED AFTER ADOPTION FO VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on theme ay of lt4 , 2009. ATI'ES 1: Jea� e Jones, Clerk 1 AP ROVED AS TO i Cindy Houben Community Development Director P079- 09;PID 4291112100019 UU6011 0 '- ,'I,.1�3 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO l l / By L' - ✓% ? �' d t j - 1. /P P/ P r Patti Kay -dill pper, C air APPROVED AS TO FORM: John Ely County Attorney ALTA OWNERS POLICY — Amended 10/17 EXHIBIT HH /KK SCHEDULE A Order No.: Policy No.: 13458 O 9902 Date of Policy: Amount of Insurance: S September 19, 1985 At 4:26 PM 25,000.00 1. Name of Insured: JOHN MATTHEWS 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: JOHN MATTHEWS 4. The land referred to in this policy is described as follows: GLOBE LODE, U.S.M.S. N0. 6987, as described in United States Patent recorded October 19, 1982 in Book 434 at Page 228 being Reception No. 244870. Together with a perpetual non- exclusive easement and right of way for ingress and egress under terms and conditions as set forth in Easements Agreement recorded December 2, 1982 in Book 436 at Page 662 as Reception No. 246038. Said easement being 30 feet in width and more particularly described as follows: An easement situated in Sections 1 and 2, Township 11 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado. Said easement is 30.00 feet in width lying 15.00 feet on each side of the following described centerline: Beginning at a point whence Corner No. 3 of the Erie Lode, U.S.M.S. 3283 bears N 11 °49'00" E. 29.26 feet; thence S89 °17126" W. 106.05 feet; thence S87 °56155" W. 33.93 feet; thence N63 °57'26" W. 25.43 feet; thence N38 °53'33" E. 65.49 feet; thence N38 °35'45" E. 36.09 feet; thence N42d47'47" E. 76.98 feet; thence N29 °40'50" E. 22.90 feet; thence N04 013'16" W. 22.65 feet; thence N28 020'25" W. 25.38 feet; thence N39 015 "40" W. 68.79 feet; thence N40 059143" W. 74.23 feet; thence N53 041'10" W. 32.88 feet; thence N83 °18'09" W. 34.08 feet to the centerline of the Little Annie's Road as now constructed and in use; thence the following courses and distances along said road: S 10 146111" W. 156.00 feet; S63 059'50" W. 55.24 feet; S83 °07'24" W. 170.12 See Continuation Page AUTHORIZED COUNTERSIGNATURE ui�u�1.2.1 3.1 STEWART TITLE GUARANTY COMPANY ORDER NO.:13458 0 9902 080592 Attached to and made a part of Stewart Title Guaranty Company Policy No. A NO. 4 Continuation of Schedule feet; S67 053149" W. 150.68 S78 041106" W. 107.64 feet; W. 57.00 feet; S57 028'12" feet; S08 012123" W. 110.92 S13 032107" E. 278.18 feet; S10 035121" E. 145.44 feet; C , feet; S73 °32'53" W. 132.25 feet; S75 005138" W. 74.07 feet; S68 °50'24" R. 177.90 feet; S37 055'04" W. 96.40 feet; S03 045'20" E. 120.46 feet; S24 022103" W. 131.29 feet; S17 021'10" W. 139.54 feet; S32 32 09" W. 91.51 feet; 5740 03'38" W. 16.65 feet more or less to the point of intersection with the easterly boundary line of Lime Creek Village Subdivision, First Filing. County of Pitkin, State of Colorado U U 00 1 . 3 Page -- 203-A -T (50M 6851 `� " ('� " 2 q STEWART TITLE GUARANTY COMPANY Suzanne Wolff From: Suzanne Wolff Sent: Sunday, October 13, 2013 10:01 PM To: 'zactuck @yahoo.com' Subject: questions Hi Zac. Starting to work on my memo to BOCC and have a few questions: • Can you provide a copy of the permit for the extension of the electric line? Sounds like that has been completed. • Has the water tank been replaced? • Can you also provide a copy of the County OWTS permit? Has that also been completed? • It is unclear in your letter whether you have obtained a permit from the State for an additional water source for the additional unit? I didn't find anything in their online records. The only current well permit I found there is for household use only in one dwelling. Thanks. ire %cV- ' 1 Globe Excavating LLC 345 Colorado Ave, Suite 104 Carbondale, Colorado 81623 Matthews Residence 250 Hurricane Road Aspen ,CO 81612 970 -618 -0525 Cell Phone 970 - 963 -0199 Fax Number rick.Rlobe @hotmail.com 14 October 13 Re: Fire Protection System 1. Materials a. one Containment Systems Fiberglass 10,000 gallon tank w /Freight 2' Manway, 8" outlet $14,650 b. one 5.5' Kennedy Fire Hydrant, 6" gate valve as per Aspen Fire Protection Spec's $ 3,760 2.Equipment / Labor a. Move In 315 Cat Excavator $ 660 b. Excavate 10' x 36' x 9' for tank excess to fill site 140 yds $ 2070 c. Install tank on 1' 3/8" chips 14.72 Tns d. Inatall 50'/ 8" CL 900 reduce to 6" for gate valve and hydrant $ 2600 e. Backfill tank with 66 tns/ 3/8" chips plus c. 14 tns $ 3900 f. place select native for re- vegetation above chips $ 640 *Quote for non -snow months, tank and hydrant price for 2013 C- Total $28,280 Form No. OFFICE OF THE STATE ENGINEER GwS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 8M3581 APPLICANT JOHN MATTHEWS PO BOX 3724 ASPEN, CO 81612- (970) 544 -3723 1095 WELL PERMIT NUMBER 141306 A DIV. 5 WD 38 DES. BASIN MD Lot Block Filmc. Subdiv: GLOBE 1 OnF I Lcue Mn 9oa7 APPROVED WELL LOCATION PITKIN COUNTY SE 1/4 SE 1/4 Section 1 Township 11 S Range 85 W Sixth P.M. DISTANCES FROM SECTION LINES 393 Ft. from South Section Line 560 Ft from East Section Line UTM COORDINATES (Meterslone:13 NAnRSt -rKfAI I lU UUNSTRUCT A WELL Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a%ay as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402 -2, unless approval of a variance has been granted by the Stale Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37- 92- 602(3)(c) for the relocation of an existing well, permit no. 141306. The old well must be plugged in accordance with Rule 16 of the Water Well Construction Rules within ninety (90) days of completion of the new well. The enclosed Wei; Abandonment Report form must be completed and submitted to affirm that the old well was plugged. 4) Approved the only well on a residential site of 8 4 acre(s) described as that portion of the SE 1/4 of the SE 114, Sec. 1, Twp, i t South, Rng. 85 West, 6th P.M., further identified as Globe Lode USMS no. 6987, P&n County, more parliculady described on the attached exhibit A. 5) The use of groundwater from this well is limited to ordinary household purposes inside one single family dwelling. The groundwater shall not be used for irrigation or other purposes. 6) The pumping rate of this well shall not exceed 15 GPM. 7) The return flow from the use of this well must be through an individual waste water disposal system of the non - evaporative type where the water is returned to the same stream system in which the well is located. 8) This well shall be constructed not more than 200 feet from the location specified on this permit NOTICE: This permit has been approved subject to the following changes: The distances from section lines were calculated from UTM coordinate values provided with the permit application. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the Stale Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) NOTE: Parcel Identification Number (PIN). 49- 2911 - 121 -00 -019 NOTE: Assessor Tax Schedule Number. R010729 O DMW State — - - - -- r =Anrvt r iUN UAI UB -21 -2010 Shelton Drilling Corp P.O. Box 1059 Basalt, Co. 81621 (970) 927 -4182 Lic. # 1095 Name : John Matthews c/o Address : P.O. Box 3724 City, St, Zip : Aspen, Co 81612 Phone # Hole Size Depth Type Casing ID Casing OD From -To 9.0 58 Steel 6.5 7.0 0 -58 6.5 135 PVC 5.0 5.5 52 -135 Invoice # : C -2999 Date 9/16/2009 Permit #: 141306 -A Location :Little Annie Perforated Ft : 60 ft Estimated : 7 gpm Static Level: 57 ft Total Drilled : 135 ft Recommended Pump Set Depth 130 Ft. Pumping 7 GPM For Pump Installation We Recommend : Samuelson Pump 945 -6309 Raun J & M Pump Co 945 -6159 Rick Aqua Tec 945 -2703 Tom Instructions : Minimum Well Charge( 0 - 50 feet ) ........... • • • • .. • • • ... • $ 4,500.00 Price Per Foot 85 Feet @ $ 32.00 Per Foot = $ 2,720.00 50 - 135 feet Feet @ $ Per Foot = $ 0.00 Total Footage Charge $ 2,720.00 Conditions Of Payment E pay $ 7,220.00 1' 1 r 1 1 ♦ l► M 1►/U \_Iy 1\ 1. *WE STRONGLY RECOMMEND A VALID PUMP TEST BE CONDUCTED BY A LICENSED PUMP INSTALLER TO DETERMINE THE ACTUAL WELL PRODUCTION AND WATER QUALITY. THIS SHOULD ESTABLISH THE ACTUAL WELL PRODUCTION PARAMETERS WHICH CANNOT BE DETERMINED WHILE DRILLING 2 OUR GUARANTEE IS VALID ONLY IF A LICENSED PUMP INSTALLER INSTALLS THE PUMPING SYSTEM!! 3. The landowner is ultimately responsible for the plugging and abandonment of dry holes or replaced wells. according to State Rules and Regulations. Please contact us for details and /or prices. 4 ALL INVOICES DUE AND PAYABLE WITHIN 10 DAYS OF INVOICE DATE UNLESS PRIOR ARRANGE- MENTS ARE MADE. A 1.5% HANDLING CHARGE PER MONTH MAY BE ADDED 15 DAYS FROM FIRST BILLING. Please call us if you have any questions. THANK YOU Z/ WRJ 5 -'Rev. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FOFtNI I X) A PERMIT 70 USE GROUND WAirEk ( X) A PERMIT TO CONSTRUCT A W�41't k ;3 FOR: I X) A PERMIT TO INSTALL A PUMP STATE • Erf, __,� ( ) REPLACEMENT FOR NO. ( )OTHER WATER COURT CASE NO. RECEIVED AUG — 61985 (1) APPLICANT - mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN 6--g �1 NAME,John Matthews Receipt No. i STREET P-0. Bolt 2886 Basin Dist. CITY Aanen Co 81612 CONDITIONS OF APPROVAL — Rtatel lzml TELEPHONE NO 303- 925 -8636 This well shall be used in such a way as to cause The no material injury to existing water rights. issuance of the permit does not assure the applicant l2) LOCATION OF PROPOSED WELL that no injury will occur to another vested water right or preclude another owner of a vested water County Pitkin right from seeking relief in a civil court action. SE ofthe SE Y., Section 1 1} APPROVED PURSUANT TO CRS . 37 -92 -602 (3)(b)(II) AS THE ONLY WELL ON A RESIDENTIAL Twp. 11 _ S , Rng. 85__ kt 6th P.M. IEX SITE OF'- &gACRES DESCRIBED AS .N'st Loa J S (3) WATER USE AND WELL DATA t 2) THE USE OF GROUNDWATER FROM THIS WELL IS LIMITED Proposed maximum pumping rate (gpm) 15 TO ORDINARY HOUSEHOLD PURPOSES INSIDE A SINGLE FAMILY DWELLING, AND SHALL NOT BE USED Average annual amount of ground water OUTSIDE THE HOUSE FOR ANY PURPOSE. to be appropriated (acre-feet17 9 Fi 3) THE RETURN FLOW FROM THE USE OF THE WELL Number of acres to be irrigated: �� MUST BE THRU AN INDIVIDUAL WASTE WATER DISPOSAL 110 SYSTEM OF THE NON - EVAPORATIVE TYPE WHERE THE Proposed total depth Ifeet): WATER IS RETURNED TO THE SAME STREAM SYSTEM IN Aquifer ground water is to be obtained from: Ralrian CF.alp WHICH THE WELL IS LOCATED. 7/1 h1 9- /L -8'S— Owner's well designation J a c qu i Well No. 1 GROUND WATER TO BE USED FOR: HOUSEHOLD USE ONLY - no irrigation (0) INDUSTRIAL (5) ( I LIVESTOCK (2) ( f IRRIGATION (61 ( )COMMERCIAL(4) ( 1 MUNICIPAL (8) ) OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) 141306 PERMIT NUMBER SEP 171985 (4) DRILLER yX0&0n DATE ISSUED SEP 17 1987 Name EXPIRATION DATE P.O. BOX 1059 Street City BASALT COLO. 81621 (STA E EN RI 15 t (state) IZm1 �— 927 -41139 1095 �., Telephone No. Lic. No. By J U —L-j L0. COUNTY (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram bellow.' Use the CENTER SECTION 0 section, 640 acres) for the well location. +- t -+ - +- 4-- -+- + 4- I 1.4 1 MILE, 5280 FEET -r-I + 4- T f 1 + + { + _ — NOp 7H SECTION LINE — .+ — 1 NORTH ' — + _ — ,� — w + 1 1 1 4- } V 4-- L 4- - -i- I �' -i-- 4- 4 I -4_ — I 1 4- -- - - -- - + - + - -1- - -+ - -I- - The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Fiqures) An acre-foot covers I acre of land 1 foot deep 1 cubic foot per second Ids) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre,foot of water per year 1 acre -toot ... 43,560 cubit feet ... 325,900 gallons 1,000 gpm pumped continuously for one day produces 442 acre feet. (6) 760 ft. from South sec. tine (north or south) - 650- ft.from East sec. line least or west) LOT_aLA__8LOCK FILING a SUBDIVISION n/a (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: _1$)„ Mx+"thnu* No. of acres B-669 acres . Will this be the only well on this tract? yes (8) PROPOSED CASING PROGRAM Plain Casing _2 —in. from 0 ft. to 27 ft. —in. from 25ft- to 60 ft. Perforated casing —_ 5 —in. from 60 ft. to 120 ft, in. from ft. to ft. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: n/a (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): totL n Matthews No. of acres: 8.669 acres Legal description: Globe Lode U S M S No 6987 Patent recorded in Book 434 at pace 221 (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal i system to be used. O-a'ty t' - - - -" - - ' ilashold LRA 1L'S th Ata+e AIMS rnnnty ATnrrnred septic A+nt 19-ch (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right none Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO TdE BEST OF HIS KNOWLEDGE. --I, SIGNAMOF DFAPPI ICANT(S) Use additional sheets of paper if more space is required. BUILDING PERMIT APPLICATION, Genera Aspasin- ASPRINOMTKUY :....Perm 30�VW15-5973 957 5, jurisdiction of A.OliWnt tO COMPletC numbered spaces 00'I l013 AID .... 9 USms L / q LEGAL LOT NO. BLOCK TRACT 2 Des CA. CA. Rt .IL AIDDRESS 7 ER LIP & c AC 4. ARCHITECT 5. W 'a AY ENGINEER 6. USE OF Ii EW ❑ ADDITION o ALTEF ci_z a 0— ENGINEER 6. Class of work:. 9. Change of use from Change of use to • a 1 O.Valuation of wo C2 0 REI By THIS PERMIT BECCIIIIES N AUTHORIZED IS NOT Coal TION OR'*OW19 eUOV DAYS AT ANY T IyAr_A_rff - — I HEREBY.CERTIFY THAT I AND KNOW THE SAME -TO a " AND ORDINANCES DOVER Al WHETHER SPECIFIED HERS) PRESUME TO GIVE AUTHOR TE OR LOC ZIP . 91� F�3 PLAN CHECK rt7E TOTAL FEE LICENSE NO. Alt Ja PARK DEDICATION zi WATER TAP END. DEFT. OTHIER(SPECIFY) 1 41 15 THIS FORM JS )LWHEN VALII WILL BE DOUBLE ANY OTHER STA ffjh� CONStwCyIdN.'_- ANCE OF r N 'M ?LAT� N RE OF COI RA TOR OR THOPIZED AGENT IDATEI OWNER 7 VALIDATION PERMIT VALIDATION ❑ M.O. 0 CASH ❑ PLAN CHECK VA0Qi�T_lqlY_ CK. 0 rt M.O. ❑ CASH ❑ WHITE INSPECTOR'S COPY YELLOW ASSESSOR'S COPY PINK - BUILDING DEPARTMENT FILE GOLD - CUSTOMER'S COPY 4 PLAN CHECK rt7E TOTAL FEE 5¢e � (TeLLI 01 W14101 No. .'st M... OK. L NDSEDE)p Ms Use Z.rro FII* Sp,kI.1 R.IUIII Y" E EKIS DDED ET PARKINOPA ISOF TR NO.Of WellkngUn't' ,I Approvals REQUIRED AUTHORtZIED6Y DATE PARK DEDICATION zi WATER TAP END. DEFT. OTHIER(SPECIFY) 1 41 15 THIS FORM JS )LWHEN VALII WILL BE DOUBLE ANY OTHER STA ffjh� CONStwCyIdN.'_- ANCE OF r N 'M ?LAT� N RE OF COI RA TOR OR THOPIZED AGENT IDATEI OWNER 7 VALIDATION PERMIT VALIDATION ❑ M.O. 0 CASH ❑ PLAN CHECK VA0Qi�T_lqlY_ CK. 0 rt M.O. ❑ CASH ❑ WHITE INSPECTOR'S COPY YELLOW ASSESSOR'S COPY PINK - BUILDING DEPARTMENT FILE GOLD - CUSTOMER'S COPY 4 - �, - y ASPEN *PITKIN ENVIRONMENTAL HEALTH DEPARTMENT INDIVIDUAL SEWAGE DISPOSAL PERMIT NO. 815(13- Q TYPE OF PERMIT: X I nSt1e1 Conatruc Lion ( )Emergency Una ( )Repair Work,(Pievious Permit 1 .) ( )Alteration of an existing system, [ Installation (Previous Permit 1 •) ( )Use Permit as a result of Sale ( ) Other, ISSUED T0: DATE OF ISSUE'. Owner_ D14tj /V(fl RIEUIS Home Phone 2.)'8636 Business Phone Mailing Address Agent 96 -UaLJ0 AfJIA� AifAkT — EiAP8AoeA Pt7eJ1 5%f /� Phone 6 Address �� C, /V'A,&j ST, AspewI l l J Sewage Disposal System Work to be performed by w)ts This permit valid only for promise promise lococlon by the following legal dcueription:eA,*EipE- �.S,M.S• #6987 LOT 51fE Q.�/J j) AM ES WATER SUPPLY WELL✓ AVERA/f�'.,E� PERCOLATION /�R/IATF. �` MI� �Cff This Individual Sewage Disposal re mit is granted with regard to the following use:' 0(1AJTA1A) ( /4 g f,) _ lhraber of: Dedicoms I Lofts I Garbage Di3posals_0 Dishwashers Clothes Washors CALCULATED AVERAGE DAILY WASTE LOAD 2 2-0 GALLONS. THE NATURE OF THE SYSTEM INCLUDED UNDER THIS PERMIT: k of Tank or Treatment Unit,�1C -- 1^4JK _ .hod of Final Diepoaala E /P�T EfV e{-�' Absorptlop cription (including brand name, if any) of other equipment or,appurtnancesr her Conditions or Specifications[ Tank capacity 7So` _Callon minimum Area 37�1r) Square Feat Minimum STAGES REQUIRING INSPECTION BY THE HEALTH DEPARTMENT: ,/ { )Before Excavation D'I Upon completion of excavation and prior to plapement of gravel fA7Before covering distribution /K / \system of absorption field Prior to beckfill of any component ( )Other, specify, Plans and apeciflcations of the proposed sewage disposal system have been revi owed and are ecnsidcrcd au lsfa[to ry, Permission ra he rc Ny granted to the owrcr or his agent to perCnrm the wort indicated above in accordance with the Pitkin County lndividual SewaTo Disposal Re- mlations in cffuct on the date of tissue. In addition to eneral this Permit is subject to the following additional terms and conditions: �. /� proves io ns set for [h on the reverse !:cte ef, APPROVED FOR ISSUE BY (title) ^.c above imilvldunl sewage disposal system installed by ..,� f�e sa been in,peetcd for use by a rcprescnutivc of the Aspen Ivt [n Envtron —Znta Health Dcpart;nint. The uwnur Man umos a -= ponsiblltty in cane of failure or inadequacy of thra sew Oa d[spo sal system. Complete as -built drawing attached. DATE 0 I AL_ IiI' ECTION �� 6 BY ' TITLE__ A wti 130 South Galena Street Aspen, Colorado 8'16'1'1 303/925 -2020 ASPEN+PITKIN ENVIRONMENTAL HEALTH DEPARTMENT Field Test Data Sheet NAME OF SUBDIVISION. A/0 V LOCATION SECTION—; TOWNJ S RANGEt NAME OF OWN ADDRESS (Nw.6., & S,,.a) �/ ,�L (PI...) (Slot.) (ZIP C.d.) SUBDIVISION DATA: SUPPLY FROM- ACRES PUBLIC /"1 UTILITY NUMBER OF LOT COOPERATIVE LOT AREA, SQUARE EFEET �3U� ci Ll DISTANCE TO NEAREST SURFACE WATER- FEET. NAME OF LAKE OR STREAM DATES OBSERVATIONS MADE: SOIL BORINGS _ V PERCOLATION TESTS Tut .En roTAL oor« rccT oar T+ ro a o.o W.T U -.En All c +Anu n. or EoiL an r +�c A +u. t+ rtn rSE..L° rnr 11_t u.... A, .y'ES Ev...LE a.. ]A ..z - ev nc. for noiv. e.l. R.r, AA.. 1.4 t..vu. Id ' • -o 7.0 T•v 15.0 13ACT TOP SolL_ 0.8 SAtjoy GRAVES f{A/0 eo88Lcb. 30 S 114 1/8 1/E 140 fuf «vecw ocrrw. «ctlu - t +u.ocn or >oR Tw1t S+[]] �+ ut «c >• «w.A Nx cc «otc I>T wn+Ee W.ru 1. ..IE t1.11.T rnr 11_t u.... A, .y'ES r onor u n tcwu. c «u «LAST u� «vfu T. rat ..K I «EN >ccowo roW LAST rEA1.R «uf fo EAST ICn100 rE. IOO • -o ]E or ...L. To; tt . 1e z] TES 30 S 114 1/8 1/E 140 • ( _-2 di " 2 31D 30 YES 1-3 N6 V 1f6 - (>i -EN UGO A- 1. P. m /a/ /1% fi A vfFk14cc_ I BOB NELSON ASPENAPITKIN SANITARIAN 130 S. GALENA ASFENj, CO 81611 1, THE ONDERSIGNEO, HEREBY CERTIFY THAT THE SOIL IORINGS AND PERCOLATION TESTS PEPORTED ON THIS FORM WERE MADE BY ME. J TNC Dy�TF�R[C ORgYO_ ANA-LOCATION IOX OF HOLES ON THE /LAN ARE CO}1¢ 711[x[ T OF Y NNNOWLCDOE. DATE (�Jj /27I�V3 -SIGNATURE- /7p 7L %r% 7 ELECTRICAL PERMIT APPLICATION 3 PITKIN COUNTY ❑ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ASPEN ❑ 970 /920-5526 130 South Galena 970 / 920 -5090 970 / 920 -5532 Inspection Line Aspen, CO 81611 970 / 920 -5448 Inspection Line PERMIT NO. ' JOB ADDRESS IN AND STEP , /r Y PHONE OWNER h I ELECT(rjiCAL CONTRACTOR 7- - '� MAILING ADDRESS IA D ZIP PHONE COLO UG N a 1- l e. =•J _ _t (CV.t i:. ✓; c'% .. . BUILDING PERMIT # OCCUPANCY GROUP $ ELECTRICAL VALUATION SQUARE FOOTAGE ' USE OF BUILDING COMMERCIAL ❑ RESIDENTIAL O= CLASS OF WORK ❑ ADDITION ❑ ALTERATION ❑ NEW C CONSTRUCTION SERVICE ❑ OTHER DESCRIBE WORK IN DETAIL (FOR ADDITIONS, ALTERATIONS, INDICATE TYPE, NUMBER AND LOCATION OF SOURCE OF CIRCUITS _ I OWNER/APPLICANT: The undersigned applicant to personally perform electrical work on the described property or residence hereby certifies, as a condition of Issuance of such permit, that the above described property or residence Is owned by the applicant: that the applicant Is not engaged In the business of construction or remodeling and such property Is not Intended for sale or resale, nor Is It rental property (occupied or to be occupied by tenants, whether transient or permanent), nor will it be generally open to the public. It is understood that compliance with these assurances Is a condition of the Issuance of an electrical permit to the applicant pur- suant to the provisions of C R.S. Section 12 -23 -111 (2) (as amended), and that failure to comply herewith will be grounds for revocation of the electrical permit or any certificate of occupancy Issued with respect to the property or residence described. Applicant. Date: PAYMENT OF PITKiN COUNTY USE TAX USE TAX PERMIT FEE DOUBLE - -1 MONTHLY OR QUARTERLY RETURNS WILL BE SUBMITTED Q $ — $ ❑DEPOSIT METHOD ''ho11% OF MATERIALS VALUATION PAID NOW AT ISSUANCE. A FINAL REPORT ON TOTAL ACTUAL MATERIALS COST MUST BE FILED WITHIN 90 DAYS OF SUBSTANTIAL COMPLETION -, OF WORK AND /OR ISSUANCE OF CERTIFICATE OF OCCUPANCY APPROVED BY FIRE MARSHAL DATE MATERIALS VALUATION $ EXEMPT EXEMPT ORGANIZATION RESALE STATE AND PFKIN THE DEPOSIT METHOD WILL BE ASSUMED ULESS OTHERWISE NOTED - APPROVED BY HPC DATE ANYONE WHO USES AND/OR CONSUMES MATERIALS AND FIXTURES IN PITKIN COUNTY IS SUBJECT TO THE 5% USE TAX. El LIENS MAY BE PLACED ON THE OWNER'S AND /OR THE CONTRACTOR'S PROPERTY WHEN THE USE TAX IS NOT PAID. NOTICE For all work done under this permit, the permlttee accepts full responsibility for compliance with BUILDING DEPARTMENT ACCEPTANCE the National Electric Code, the City of Aspen ordinances, and all other county resolutions, city ordi- APPROVED BY DATE nances, state laws, whichever applies. Penult subject to revocation or suspension for violation of any laws governing same. An accepted final electrical inspection shall be obtained prior to using -- , the electrical system. A final electrical shall be requested within 48 hours after complet- -inspection Ing an electrical installation - (/ ; �� - - - _ PERMIT VALIDATION DATE RECEIPT TOTAL SIGNATURE OF APPLICANT DATE 1 $ -' PRINT NAME WHITE —FILE COPY YELLOW— APPLICANT Rev 0647 U939 n O z D z D m S O z M z c co M PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00028568 Name: CARTER ELECTRIC INC Date: 11/1612009 Project Address: 250 LOWER HURRICANE Type: Permit Number 0262.2009. P ELE 0262.2009.PELE check # 6298 Fee Description PB- Other Electrical PB- Use Tax Deposit Total: Amount 115.00 3.00 118.00 InspCList.rpt 11/1912009 8:11:16AM Permit# 0262.2009. PE LE Type: 223 Comments: Inspection Check List COUNTY OF PITKIN Inspection Line:920 -5532 Inspection Schedule for tomp Scheduled for November 19, 2009 INSPECT PERMANENT SERVICE Notes: Pedestal 200 amp perm service 1 -Accepted 2 -Accepted as Noted 3-Rejected Reinspection Fee $ Time: 12:00 4 - Partial /Not Complete Pape: 13 Address Contact Name: Scott Contact # 970 ) 379-1146 250 LOWER HURRICANE Contractor: CARTER ELECTRIC, INC. Owner: MATTHEWS JOHN CHARL Page: 13 PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: 6/12/12 PHONE: (970) 920 -5093 E -MAIL: suzannew@co.pitkin.co.us LOCATION: VZONE: Rural Remote PARCEL ID #: 291112100019 OWNERIAPPLICANT: John Matthews EMAIL: globeexcavatino r msn.com .Z -AC ('la,flhet. Oq(�3c�q ILIN3 PHONE: 544- 3723/404 -0868 Type of Application: Extension of Vested Rights Description of Project/Development: The Applicant is requesting an extension of vested rights for the approval granted pursuant to BOCC Resolution No. 074 -2009, which includes establishment of an Activity Envelope, Site Plan Review, and Special Review for the following development in the Rural /Remote zone district: (a) Installation of a 10,000 gallon buried water tank to replace the existing 5,000 gallon tank and a fire hydrant; (b) Construction of a new 562 square foot deed restricted dwelling unit; (c) Extension of an electric service line approximately 700' up Lower Hurricane Road to the property; and (d) Establishing setbacks for the parcel. Land Use Code Sections to address in letter of request/application: ➢ 2- 20- 170(d), Extension of Vested Rights (attached) Review by: BOCC Public Hearing? NO. Staff will refer to: Little Annie HOA FEES: $1,403 (make check payable to " Pitkin County Treasurer ") ➢ $1,248 Planning flat fee (non - refundable; based on 4 hours of staff time; if staff review time exceeds 4.8 hours, the Applicant will be charged for additional time in excess of 4 hours at a rate of $312/hour) ➢ $130 Clerk ➢ $25 Web Technology Fee To apply, submit 7 copies of the following information, unless noted otherwise: 1. Letter of request, summarizing prior approvals and addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; 2. Activity Envelope Plan (1 copy @ 24" x 36 "; 7 copies @ 11" x 17 ") 3. BOCC Resolution No. 074 -2009 4. Consent from the owner of the property for the representative to process the application and represent the owner (1 copy); 5. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 6. Street address and parcel description, including legal description, and 8 -1/2 "x locating the subject property within Pitkin C ounty; 11 "Vicinity map 7. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (1 copy) (form attached); 8. This Pre- APPlication Conference Summary Sheet (1 copy). NOTES: ➢ PLEASE SUBMIT TWO UNBOUND AND ONE -SIDED COPIES OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). ALL MAPS SHALL BE FOLDED. This pre - application conference summary and staffs interpretations b is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards ased upon representations of the applicant Additional information may be required upon a complete review of the application. /' 7 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: submitted to COUNTY an application for x cNS t ti 4r . 2. APPLICANT establishes a fee structure for land use applications and the payment of ll Processing g fees is 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 Pitkin 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. and Proposed projectt,, d mLay not e possOible a the agree time oft application tohascerta n 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 COLINTY's waiver of its right to collect full fees pri r to determination of application completeness, APPLICANT shall pay a base fee in the amount of $�g� which is based on 'I hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben Community Development Director Effective 1/26/10 G:countyladminlformslagreement to pay ,:SJ Print Na4 u Sign re Date: G�o�`Jzc� l a Z 20 l Z Mailing Address: p, Sec. 2 -20 -170, Vested Property Rights (d) Extension or Reinstatement of Vested Property Rights; Reinstatement of Development Approval The Board may approve an extension of vested property rights or reinstatement of forfeited or expired vested property rights, for a period of up to three (3) years, in accordance with this section. Unless explicitly stated in the resolution or decision of the Board authorizing the extension or reinstatement, the vested right shall be modified at the time of the extension to require that the approved development conform to the terms and provisions of this Land Use Code on the date of the extension or reinstatement. No additional public hearing is required for the extension or reinstatement of a vested right. Any request for reinstatement of a vested right shall be made within one (1) year of the expiration of the development right. Reasonable conditions may be imposed by the Board when granting any such extension or reinstatement. A development right that has received a three (3) year extension, and has then expired, may not be reinstated. (1) Criteria In reviewing a request for the extension or reinstatement of vested property rights, the Board shall consider the following criteria: (a) The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights; (b) The progress made in pursuing the project to date including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project; (c) The nature and extent of any benefits already received by the County as a result of project approval such as impact fees or land dedications; (d) The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. (e) The Board shall also take into consideration the length of any appeal process or litigation and the subsequent effect of a lessened vesting period for property rights. Suzanne Wolff From: Zachary Matthews <zactuck @yahoo.com> Sent: Wednesday, October 16, 2013 6:25 PM To: Suzanne Wolff Subject: Re: question Suzanne, The total cost of the new well was about 9000$ and the total cost of extending the electric was about 5000$. Then the planned cost of adding the new water tank, which has not been done yet is about 15,000$. hope this helps, Zac Matthews On Wednesday, October 16, 2013 8:37 AM, Suzanne Wolff <Suzanne.Wolffaco.0tkin co.us> wrote. How much was total cost to extend the electric line (approximately)? Your letter mentions $30,000 for an additional water source — I assume that is total cost for the new well that was drilled? Thanks! l-V r �'��•.; try �. ��. Xu kN a. a t Rµyw � �. ra .'S y ♦. �,. a. •I ��,��+i iy r �s.l: FAri\5.��1u+, FF h�- �SF�is T._; ./'� y Y!`i.`•...1� '.y�� .K� .! is �a+•'r . ` • .. � 4;a, •it V ma+µ ♦ il,q PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 PHONE# (970) 920- 5526/FAX# (970) 920 -5439 September 25, 2013 Zac Matthews PO Box 574 Aspen, CO 81611 zactuck @yahoo.com Re: Matthews Extension of Vested Rights (PID 92911 - 121 -00 -019; CASE# P099 -12) Dear Mr. Matthews: 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 by the Board of County Commissioners on Wednesday, October 23. 2013, at a meeting to begin at 12:00 P.M. in the Rio Grande Conference Room. 455 Rio Grande Place, Aspen. 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 Community Development Department. If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093. Sincerely, Bonnie Shiles Administrative Assistant III 1 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920 -5526 December 27, 2012 Zac Matthews P.O. Box 574 Aspen, CO 81612 Re: Matthews Extension of Vested Rights (Case# P099 -12) Dear Zac, The Community Development Department has completed its preliminary review of the captioned application. We have determined that this application is incomplete. The application will not be scheduled for review by the BOCC until the following items are submitted: • Letter stating that you are requesting an extension. • Address the provisions of Sec. 2- 20- 170(d) of the Land Use Code (attached). I sent an email on November 7 (attached), but had not heard back so wanted to follow up with a letter. If you have any questions, please call me at 920 -5093 or email suzanne.woM2co.pitkin.co.us. Thank you. Sincerely, Suzanne Wolff Senior Planner 0 Suzanne Wolff From: Suzanne Wolff Sent: Wednesday, November 07, 2012 12:06 PM To: Izactuck @yahoo.com' Subject: Extension of Vested Rights Attachments: P018_10 app.pdf Hi Zac! Sorry I didn't get back to you sooner— not sure where October went! I do need a bit more information in order to bring your request to the BOCC. Can you write a letter stating that you are requesting an extension (you can use the language from the "Description" in the preapp), and then address the Land Use Code provisions. I attached an example that someone else submitted. Doesn't have to be so extensive, but do need responses to those criteria on the last two pages. Thanks. Let me know if you have any questions. J I Z Q) 4� L�. F� 7 ill !i - y5 y r. 1.- a x t sl 1 I (�rcI o � n � Q D ° o � o o° m_ P vt{ a o n°i UNIT pAU CCT � 9N TN a i 0 E� ma,a Vim O 0 6 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5526 FAX (970) 920 -5439 MEMORANDUM TO: Little Annie Homeowners Association FROM: Suzanne Wolff, Community Development Department Suzanne wolff(&o pitkin.co.us RE: Matthews Extension of Vested Rights (CASE P099- 12;PID 2911 - 121 -00 -019) DATE: September 25, 2013 Attached for your review are materials for an application submitted by John Matthews. The Board of County Commissioners will review the application on Wednesday, October 23, 2013. Please return your comments to me by Friday, October 11, 2013. http: / /www.aspenpitkin.com /Portals /0 /docs/ county /Com %2ODev /Planning /Land_ Use—Applications/ P099_12_app.pdf Thank you. PITKIN (,.,,UNTY COMMUNITY DEVEL4.,)MENT Permit Receipt RECEIPT NUMBER 00033083 Name: Globe Excavating, LLC Date:10/11/2012 Project Address: 0 LOWER HURRICANE RD Type: check # 3874 Permit Number Fee Description Amount 0099.2012.PLAN PP- Flat Fee 1,248.00 0099.2012.PLAN PP- Clerk Fee 130.00 0099.2012.PLAN PP- Clerk Tech Fee 25.00 Total: 1,403.00