HomeMy WebLinkAboutBocc Packet 10232013 Matthews Reinstatement Vested RightsMEMORANDUM
TO: Board of County Commissioners
Regular Meeting — October 23, 2013
a
THRU: Cindy Hduben, 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 CONDITIONS/BACKGROUND: 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.
noon o I
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:
1, 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.
3. 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.
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 of project
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.
4. 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 lake 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. 85-21.
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:
1. The Applicant shall adhere to all material representations made in public hearings and in the
application.
OOOJO'`
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 23rd 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,
Deputy Clerk and Recorder
APPROVED AS TO FORM:
John Ely,
County Attorney
Case #P099-12
PID 291112100019
George Newman, Chairman
Date:
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
000005
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 RURALIREMOTE ZONE DISTRICT
Resolution No.O%y-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) The 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
Resolution No. 071-2009
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 Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. 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,
00000J
Resolution No. ?9-2OO9
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 (1) 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.
I) 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 arca should be of primarily noncombustible hardscape
surfaces. Woody vegetation shall not be planted within this arca. 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
00u008
Resolution No my -2009
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 '/z times the height of the mature vegetation. The
diameter of a cluster should be limited to 2 1/2 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:
1. All roof coverings shall be constructed of non-combustible materials and installed on a Class
A roof assembly.
2. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
3. Protrusions above the roofline, such as parapets, shall be prohibited.
4. Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of 1:48.
5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshall prior to submittal of a building permit application
C) Roof Venting:
1. Soffit venting shall be located in the outer 1/3`d 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 518" 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
000009
Nwie
Resolution No. M_V, 2009
Page 5
F) Water Supply for Fire Safety
1. 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
1. Roofs and gutters shall be kept clear of debris.
2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/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 contoura 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 contoura 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.
I I . 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 he 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.
13) 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.
00010
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 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.
00001.1
Resolution No 094-2009
Page 7
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
4th day of October, 2009.
APPROVED this 4'h day of November, 2009.
PUBLISHED AFTER ADOPTION FORVESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the f ay of;) Witt- , 2009.
BOARD OF COUNTY COMMISSIONERS,
P1TK1N COUNTY, COLORADO
By , /2 .?1,/'%11 j )11 r�r
Patti Kay -Clapper, C air
ATTES
Jean; e Jones, Clerk to the ' OCC
APPROVED AS 'TO CO TENT: APPROVED AS TO FORM:
'Cin Houben
Community Development Director
P079-09;PID #291112100019
I
John Ely
County Attorney
ALTA OWNER 5 POLICY —Amended 10/
HH/KK
SCHEDULE A
Order No.:
13458
Date of Policy:
September 19, 1985 At 4:26 PM
1. Name of Insured:
Policy No.:
0 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. 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, 1962 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°56'55" 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 N42°47'47" E. 76.98 feet; thence N29°40'50" E.
22.90 feet; thence N04°13'16" W. 22.65 feet; thence N26°20'25"
W. 25.38 feet; thence N39°15°40" W. 68.79 feet; thence
N40°59'43" w. 74.23 feet; thence N53°41'10" 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°46'11" W.
156.00 feet; S63°59'50" W. 55.24 feet; S83°07'24" W. 170.12
See Continuation Page
4%-;2--Z;
4%)
AUTHORIZED COUNTERSIGNATURE
000313
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°53'49" W. 150.68 feet; S73°32'53" W. 132.25 feet;
578°41'06" W. 107.64 feet; S75°05'38" W. 74.07 feet; S68°50'24"
W. 57.00 feet; S57°28'12" W. 177.90 feet; 537°55'04" W. 96.40
feet; 508°12'23" W. 110.92 feet; S03°45'20" E. 120.46 feet;
S13°32'07" E. 278.18 feet; S24°22'03" W. 131.29 feet;
S10°35'21" E. 145.44 feet; 517°21'10" W. 139.54 feet;
S32°32'09" W. 91.51 feet; 574° 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
f 06"4ij 014
STENVART TITLE
GUARANTY COMPANY
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.
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 a new 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.
000016
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
000011
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UNIU IU ININNIYIVIIMIYIIMYVIImYIIYI%INfI INIIIYIIYIYIIVIVIIIIIYI11
September 19th, 2013
In care of Suzanne Wolff
Senior Planner
Pitkin County Community Development
130 5. Galena Street
Aspen, Colorado 81611
(970)920-5226
Suzanne.wolff@co.pitkin.co.us
To whom it may concern,
I John Matthews am writing this letter to request an extension of vested rights. (Case #P099-12)
Date
.0e-t--/ q-HI.Zoi 5
000001 o-' t 3
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 4`h, 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 a new 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.
U�u303
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@yahoo.com
U000O4
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.DN-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) The 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
u0u005
Resolution No. 07Y-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 Land Use Code Section 2-30-20(g) and Application Manual Section 2 1.1. 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.
Resolution No. 09-2009
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)
B)
C)
D)
E)
F)
G) Obtain a permit from Environmental Health and Natural Resources to construct a
wastewater disposal system.
H) Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes.
specify the native seed mix to be used, the rate at which it will be applied and the
cover,
Submit a landscaping and tree removal/mitigation plan.
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.
I)
J)
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.
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.
Complete a fireplace/woodstove registration form with the Community Development
Department, if necessary
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.
Submit a construction management plan for review and approval by the Planning Engineer.
Pay the applicable road and employee housing impact fees.
new on -site
The plan shall
method of
8) 'l'he 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 arca should be of primarily noncombustible hardscape
surfaces. Woody vegetation shall not be planted within this arca. 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
L0o
Resolution No b`ly -2009
Page -1
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 1/2 times the height of the mature vegetation. The
diameter of a cluster should be limited to 2 1/2 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 Garcon 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:
1. All roof coverings shall be constructed of non-combustible materials and installed on a Class
A roof assembly
2. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
3. Protrusions above the roofline, such as parapets, shall be prohibited.
4. Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of 1:48,
5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshall prior to submittal of a building permit application.
C) Roof Venting:
1. Soffit venting shall be located in the outer 1/3"I portion of the overhang.
2, Attic, soffit and other roof venting shall be of non -corrosive metal mesh with maximum 1/4"
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.
O O'U O.3
H
Resolution No. 7/-2009
Page 5
F) Water Supply for Fire Safety
1. 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 CA)
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.
b. 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 ()lone 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,
00u00
Resolution No.b -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.
UUuO1O
Resolution No. 6V-2009
Page 7
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
4`h day of October, 2009.
APPROVED this el'h day of November, 2009,
PUBLISHED AFTER ADOPTION FO VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the'4ay of) (.�Gt� K, 2009.
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
By L' _�/%
Patti Kay-dlapper, C air
ATTES
Jean. e Jones, Clerk to the OCC
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Cindy Houben
Community Development Director
P079-09; PID#291112100019
UU iJi1
i`1,1'3
John Ely
County Attorney
f7
2
ALTA OWNER 5 POLICY — Amended 10/17
HH/KK SCHEDULE A
Order No.:
13458
Date of Policy:
September 19, 1985 At 4:26 PM
1. Name of Insured:
0 9902
Amount of Insurance: S
25,000.00
Policy No.:
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 thtis 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°17'26" W. 106.05 feet; thence
S87°56'55" W. 33.93 feet; thence N63°57126" W. 25.43 feet;
thence N38°53133" E. 65.49 feet; thence N38°35'45" E. 36.09
feet; thence N42°47'47" E. 76.98 feet; thence N29°40'50" E.
22.90 feet; thence N04°13'16" W. 22.65 feet; thence N28°20'25"
W. 25.36 feet; thence N39°15°40" W. 68.79 feet; thence
N40°59'43" W. 74.23 feet; thence N53°41110" 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°-46'11" W.
156.00 feet; S63°59'50" W. 55.24 feet; 583°07'24" W. 170.12
See Continuation Page
AUTHDRI2ED COUNTERSIGNATURE
uUu012 L"J., _ U ,3NG .i
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°53'49" W. 150.68 feet; 573°32'53" W. 132.25 feet;
578°41'06" W. 107.64 feet; 575°05'38" W. 74.07 feet; 568°50'24"
W. 57.00 feet; S57°26'12" W. 177.90 feet; 537°55'04" W. 96.40
feet; S08°12'23" W. 110.92 feet; S03°45'20" E. 120.46 feet;
513°32'07" E. 278.18 feet; S24°22'03" W. 131.29 feet;
S10°35'21" E. 145.44 feet; S17°21'10" W. 139.54 feet;
S32°32'09" 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 Filing.
County of Pitkin, State of Colorado
UUuO13
Page
y
203-A-T
(50M 6.651
J V 2
STEWART TITLE
GUARANTY COMPANY
NOW