HomeMy WebLinkAboutpitkin.planning.246717400027 (4)DOCUMENT LAYOUT
i IIIS FILE HOISTED BELOW IN THE FOLLOWING ORDER
INFORMATION
Summary Sbeet
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 (11%17)
PARCEL ID: 2461
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REP. Ted Guy Uo Theodore K. Gu
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ALLOCATED
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PLAT RECORDED 09(25/02
VRAPPROVAL DATE:---- -
11912002
CASE TI'P: 'ExpansionotallorrContorming
CASE TYP2:
CASE TYP3:
CASE TYP4:
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19—" DUE:I 10(1(2001
DATE OF FINAL ACTION:
9(4(2001
BOCC Resd: 000-2002 #465974
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITIGN
COUNTY, COLORADO, GRANTING APPROVAL OF THE SNOWMASS
CORPORATION EXPANSION OF A NON - CONFORMING USE /STRUCTURE WITH
MINOR BUILDING MODIFICATIONS
Resolution No. OF -2002
RECITALS
The Snowmass Corporation Incorporated ( "Applicant ") has applied to the Pitkin County
Board of County Commissioners ( "BOCC) to consider an Expansion of a Non-
conforming Use /Structure with Minor Building Modifications pursuant to Section 6-40-
030 of the Land Use Code.
2. The property is located at 24472 Highway 82 (Legal description, attached Exhibit A).
3. The property is zoned AFR -10 and contains 0.45 acres.
4. The BOCC heard this application at a duly noticed public hearing on October 24, 2001, and
January 9, 2002, at which time evidence and testimony were presented with respect to this
application.
5. The BOCC has determined that the proposed development meets the criteria established in
Sections 6-40 -030 of the Land Use Code, and therefore found the proposal to be
appropriate.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby approve the Roaring Fork Club Expansion of a Non- conforming
Use/Structure with Minor Building Modifications to replace a triplex with a duplex 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 application and in the
public meetings as represented in Exhibit B.
2. Prior to submission of any building permit applications, the applicant shall submit a
modified site plan complying with the provisions of Section 5 -70 -040 of the Land Use
Code. The site plan shall be submitted in digital format for integration into the County's
GIS system.
3. The current access to the triplex must be eliminated and all future access shall be
obtained from the Roaring Fork Club property. The Pitkin County Engineer shall verify
this condition prior to building permit issuance.
4. The replacement structure shall contain no more than one woodburning fireplace or stove.
04/04/2N2 04:23P
000001 �,5'Q
Resolution No. 4&-2002
Page 2
5. The building envelope for the replacement unit shall not extend more than five feet
beyond the footprint of the proposed structure. Community Development shall approve
the building envelope prior to recordation.
6. Prior to commencement of any earthmoving or construction activity, the Applicants shall
stake the corners of the building envelope and install construction fencing around the
perimeter of the building envelope. The fencing shall remain in place until issuance of
certificate of occupancy.
7. Floor area shall be limited to 5,750 square feet exempt from growth management for
replacement of the triplex structure. Floor area shall be calculated based on the definition
in effect at the time of building permit submittal.
8. Pursuant to Ordinance No. 022 -2000, the Applicant is subject to the Fair Share
Requirements and shall pay a road impact fee as calculated at the same time as building
permit issuance.
9. 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 the
Pitkin County Land Use Code § 4 -140 and C.R.S., § 24 -68 -105. The statutory vested
rights granted herein shall expire on January 9, 2005
IIIIIIIIIIIIIIIIIIIIIII '�IIIIIIIIIIIIIII�I�IIII IIIIII 65974 a
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000002
Resolution No. OW-2002
Page 3
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 22nd
DAY OF SEPTEMBER 2001.
APPROVED AND ADOPTED ON THE 9"t DAY JANUARY, 2002.
VESTED RIGHTS NOTICE PUBLISHED ON THE jLi�DAY W3A0V11AeV 2002.
ATTEST:
....Lvndee R Dean,
DeXty Clerk and Recorder
APPROVED AS TO FORM:
John Ely, .�
Co mey
Case #P 147 -01
PID# 246717400027
000003
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
-
Patti Kay-Cl per,
Chair
APPROVED AS TO CONTENT:
� `" \ �u �l I
Cindy Houben,
Community Development Director
465974
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlllllllea 2 64.xaa
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EXHIBIT A
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A tract of land situated in Tracts 55 and 57, Section 17, Township 8
South, Range 86 West of the Sixth Principal Meridian, lying Southerly
of the Southwesterly right of way line of State Highway No. 82 and
Northerly of the Northeasterly bank of the Roaring Fork River, said
parcel of land is described as follows:
Beginning at Angle Point No. 1 of said Tract 57, being the same as
Angle Point No. 8 of Tract 56, all in said Township and Range;
thence South 21 048'22" East 838.30 feet to a point on the
Southwesterly right of way line of said Highway;
thence North 44 030100" West along said Southwesterly right of way line
179.80 feet to the true point of beginning;
thence North 44 030100" West 221.65 feet along the Southwesterly right
of way line of said highway;
thence South 45 030'00" West 83.63 feet to a point on the Northeasterly
bank of said river;
thence South 43 046100" East along the Northeasterly bank of said river
143.27 feet;
thence South 32 023'00" East along the Northeasterly bank of said river
39.57 feet;
thence South 14 027'00" East along the Northeasterly bank of said river
45.87 feet;
thence North 45 030'00" East 116.73 feet to a point on the
Southwesterly line of said Highway No. 82, to the True point of
beginning.
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MEMORANDUM
TO: Board of County Commissioners
Regular Meeting - Ja'nuary 9, 2002
THRU: Cindy Houb��ot mumty Development Director
FROM: Brian McNellis, Planner
RE: Roaring Fork Club Expansion of a Non - Conforming Use with Minor Building
Modifications
SUMMARY OF REQUEST: The Applicant is requesting approval of an Expansion of a Non -
Conforming Use with Minor Building Modifications pursuant to Code Section 6 -40 -030 in order
to replace an existing triplex with a duplex that is larger in bulk and square footage.
APPLICANTS: Snowmass Corporation Incorporated
LOCATION: The property is located at 24398 Highway 82 near the Basalt town limits
ZONING/LOT SIZE: The property is zoned AFR -10 and contains 0.45 acres.
BACKGROUND: The existing structure is a legal non - conforming triplex. The County
Attorney's Office has verified that the owner reserves the right to demolish the existing triplex
and replace it with a duplex that is no larger in height and/or footprint than the existing structure.
The Applicant wishes to reserve this right and pursue an Expansion of a Non - conforming Use
with Minor Building Modifications pursuant to Code Section 6 -40 -030 to increase the size of the
structure.
This application was continued on October 24`h in order to allow the Board (in its entirety) to
decide upon the Applicant's request.
EXISTING CONDITIONS: This application was referred but no comments were received
from the County Attorney.
• Joanna Schaffner, the Pitkin County Zoning Officer, reviewed the application and had the
following concerns:
1) The proposed structure does not meet the definition of a duplex since the shared
element of the two units is a "shed" or accessory structure.
2) The proposed redevelopment is within the required 200 foot setback from Highway
82 and shall require Board of Adjustment approval.
00j00_?
• Carla Block of the Pitkin County Environmental Health Department reviewed the application
and indicated that the parcel is currently served by a public sewer system and that the property
receives its domestic water supply from a well located on the property.
Ms. Block noted that each of the units shall not have more than one wood burning fireplace and a
second device that can be either a gas log fireplace or a certified wood stove. The units may
contain unlimited decorative gas appliances.
• The Town of Basalt reviewed this application on two separate occasions and had three key
areas of concerns which are as follows:
1) As much care as possible should be taken into consideration when planning how this
proposal can best conform with river setbacks and generally how best to reduce
impacts on the Roaring Fork River and surrounding riparian environments.
2) This review should consider the status of the bank adjacent to the site and if any
maintenance or upgrades to the stabilization improvements are warranted, additional
riparian landscaping should be mandated.
3) The Applicant shall be required to provide adequate confirmation that a fisherman's
easement exists on the property.
The Town of Basalt also had concerns with the increase in size to the building footprint and it
was also indicated that the proposal would reduce the number of affordable housing units in the
Basalt area.
ANALYSIS OF PROPOSAL
RESTORATION OR EXPANSION OF A NON - CONFORMING USE OR STRUCTURE WITH MINOR
BUILDING MODIFICATIONS: The following is a review and analysis of the proposal relative to
the applicable standards of Section 6 -40 -030 of the Land Use Code. In reviewing a request for
an Expansion of a Non - conforming Use, the Board shall consider, but not be limited to, the
following criteria:
The Board of County Commissioners finds that any adverse impacts of the non-
conforming use or structure on the neighborhood or the County as a whole and any
inconsistencies with County Land Use Policies in Article 2 to be tolerable.
Response: Staff feels that the proposed expansion is not "minor" in nature when compared to
the existing triplex structure. The resulting duplex may have greater visual impacts on the
surrounding area.
2. The use or structure is generally consistent with adopted master plans for the area and
adjacent land uses.
000010
Response: The Down Valley Comprehensive Plan identifies the area as a highly visible resource
in a scenic foreground area. The Applicant has indicated that the proposal will enhance the
overall appearance of the site and improve scenic viewplanes. Staff does not concur.
3. The Applicant demonstrates that the purpose of the development is to:
a) Meet practical difficulties and hardships which arise from the existing restrictions
upon repair, alteration or restoration; or
b) Improve the function or the appearance of the use.
Response: The Applicant has indicated that the proposal will enhance the visual appearance of
the site by bringing the property further into conformity with surrounding properties. Staff would
argue that the proposal goes far beyond "practical difficulties and hardships ".
4. The Applicant makes all required dedications to the County in accordance with the
standards in Section 3 -130 for any additional development that is approved pursuant to
this Code Section.
Response: The Applicant has agreed to any required dedications.
RECOMMENDATION: Staff recommends that the BOCC adopt a motion to deny the Roaring
Fork Club Expansion of Non - conforming Use with Minor Building Modifications since the
proposed duplex does not meet the definition of a dwelling - duplex in Section 8 of the Land Use
Code and exceeds the BOCC interpretation of a "minor modification ".
ATTACHMENTS:
A. Draft Resolution
B. Theodore Guy letter
C. Zoning Officer memo
D. Environmental Health memo
E. Town of Basalt letter
F. Town of Basalt amended letter.
GUM
Joanna Schaffner, 12:57 PM 10/5/01 -0600, Roaring Fork Club Expansion of a Non - Conforming Sti
X- Sender: joannas @comdev
X- Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Fri, 05 Oct 2001 12:57:22 -0600
To: Brianm @co.pitkin.co.us
From: Joanna Schaffner <joannas @ci.aspen.co.us>
Subject: Roaring Fork Club Expansion of a Non- Conforming Structure with
Mnor Modifications
I have reviewed the above referenced application and offer the following comments.
1. The applicant wishes to demolish one structure containing three dwellings in 3,567 square
feet, and to construct a duplex containing 4,933 square feet. (Increase of 1,366 square feet.)
2. The Land Use Code defines Dwelling - Duplex as "a two-family dwelling with the units either
side -by -side or in an over -under configuration. In the side -by -side configuration, the units share
a common wall, while in the over -under configuration they are stacked. A minimum of twenty
percent (20 %) of the length of the two (2) walls in common shall be shared between the units,
regardless of whether the wall is shared by all floors of the units. The shared walls in common
shall not be the walls of a breezeway, or similar accessory structure, but may include the walls
of a garage" Based on this definition, it appears that the proposed structure does not constitute
a duplex because the shared element is a shed, (ie, accessory structure).
3. The proposed development requires approval from the Board of Adjustment. For approval to
be granted, the applicant must demonstrate a hardship.
4. This lot in non - conforming in size for the AFR -10 zone district.
5. Proposed floor area and net livable calculations have not been verified by this office, and
must comply with the regulations in effect at the time of building permit submittal.
6. Since the topography of the site has been disturbed by the construction of the existing
structure, the applicant may reconstruct an "historic grade" for purposes of height calculation. If
the height of the proposed structure is to be limited beyond the standard 28 feet, the grade from
which it will be measured should be clearly defined.
Printed for Brian McNellis <brianm @co.pitkin.co.us>
000012
THEODORE K GUY ,1SOCIATES PC
ARCHITECTS AND STRUCTURAL ENGINEERS
December 12, 2001
Lance Clarke, Community Development Planner
Brian McNellis, Community Development Planner
Aspen Pitkin County Community Development Department
130 S. Galena Street
Aspen, CO 81611
Re: 24472 State Hiway 82, Basalt, Colorado
Chaffin Light Duplex
Dear Lance and Brian;
We wish to have our original application considered as scheduled for the January 9, 2002
meeting with the BOCC.
We met with Joanna Schaffner regarding the storage garage areas between the two duplex
units which she called sheds. We found there is no definition as to what is or is not a
garage. Our feeling was that to reduce the visual impact of the building we would use these
storage garage areas (normally as part of a garage) as the connecting element. They are
lower in height and with landscaping can create an illusion of two buildings as opposed to
one long building.
Joanna suggested that a garage should contain a parking space and should therefore be at
least 8 and one half feet wide, eighteen feet long and seven feet high. Those dimensions
are the land use code minimums for a parking space.
Since the code does not define a garage we would like to have the BOCC approve our
original application or approve it with the condition that the connection between the two
units be a specific minimum dimension such as the one suggested by Joanna.
Please call if you have any questions.
Sincerely , ours;
Theodore K Guy, AIA, PE, President
THEODORE K GUY ASSOCIATES PC
TKG /tkg
01111 L4
0UU`613
23280 TWO RIVERS ROAD PO BOX 1640 BASALT COLORADO 81621 [9701 927 -3167
MEMORANDUM
To: Brian McNellis, Community Development Department
From: Carla Block, Pitkin County Environmental Health Department
Date: October 12, 2001
Re: Roaring Fork Club Expansion of a Non - Conforming Structure with Minor
Modifications
Parcel ID # 2467 - 174 -00 -027
-------------------------------------------------
-------------------------------------------------
The Pitkin County Environmental Health Department has reviewed details of the Roaring Fork
Club Expansion of a Non - Conforming Structure with Minor Modifications application under
the authority of the Pitkin County Land Use Code and has the following comments.
Our records show that an ISDS system was installed on the property in 1972 and inspected in
1990. That inspection showed the tank was "near failure'. The property is currently served by
public sewer and receives water from a private well.
ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2 -170 and 3 -70 -100: "It is the policy of the
County to insure the availability of a water supply of adequate quality, quantity, pressure and dependability for fire protection and support of
a proposed land use prior to approval of the use. The County shall require land uses to hook up to existing public systems if service is
available." (Prior code 2 -17)
This property is currently served by a private well.
SEWAGE TREATMENT AND COLLECTION: Sections 2 -180 and 3- 110 -050: "It is the policy of the
County to ensure that adequate sewage treatment facilities are available to serve existing and new developments. Any proposed system must
be shown to be financially feasible considering a reasonable tax base and other legal criteria prior to approval of any land use." (Prior code 2-
18)
This property is currently served by public sewer system.
WATER RESOURCES IMPACTS: Sections 2 -140 and 3 -70 -050 and 3- 70- 100: "It is the policy of the County
to preserve and protect its present water resources, recognizing the County's semi -arid character and that significant transmountain and
transbasin diversions and the vested rights of senior appropriators in the basin have materially curtailed the availability of an already scarce
water resource. To this end it is the policy of the County that no land use be mitiated which would adversely affect the quantity, quality, or
accessibility of the County's water resources; or which would occur at the expense of established water - dependent agricultural activities; or
which would result in increased salinization of water resources, loss of minimum stream flows, further destruction of wildlife habitat, or major
expenditures to reacquire or redistribute major water resources. It is also the policy of the County to maintain a natural vegetative buffer along
its surface waters such that the surface and groundwaters of the area are not encroached upon by land uses or other human activities which
could cause deterioration of water quality or impair the natural treatment processes provided by meadows and wetlands." (Prior code 2 -14)
The Environmental Health Department will be addressing impacts on down stream water
quality. This application should not impact down stream water quality if the setbacks between
the septic system and physical features comply with the Pitkin County Individual Sewage
Disposal Regulations.
t7 �J ij a 14 m W on s y,ke eawr
The Environmental Health Department's mission includes preserving and protecting the quality
of Pitkin County's water resources. Since a large percentage of the population is dependent
upon water from wells, elimination of groundwater pollution, and protection of aquifers and
their drainage areas are of utmost importance. Roofs and asphalt areas can be non -point sources
of water discharge that can contaminate water supplies. This Department recommends that
non -point sources of discharge be retained on the property of origin. To accomplish this, the
owner can use landscaping, drainage patterns, detention ponds, and/or dry wells for
containment of water runoff from buildings.
AIR QUALITY: Sections 2 -130 and 3 -60- 020: "it is the policy of the County to permit only that development which will
not degrade air quality."
This project should not contribute significantly to degradation of air quality in Pitkin County if
it consists of only a single family home (with caretaker unit) or is a simple lot split. No
mitigation is necessary.
FIREPLACE
Residential property that is outside of the PMio Non - Attainment Area Boundary that includes
this site may have two devices per building. The owners can install no more than one wood
burning fireplace and a second device that can be either a gas log fireplace or a certified wood
stove. In addition, the owner can install unlimited numbers of decorative gas appliances.
Occupants may not burn coal in any device. Any remodeling that affects the firebox of a
fireplace will necessitate that the device meet current regulations.
The Building Department must receive the fireplace /wood stove registration document.
FUGITIVE DUST
A single family home is exempt from needing a Fugitive Dust Plan. However any more
extensive projects and activities such as building a large pond or a big landscaping project do
require a plan if it will impact adjoining neighbors and /or roads. The measures must prevent
windblown dust from blowing off the property or creating a nuisance. This plan must include,
but is not limited to; fencing, watering of haul roads and disturbed areas, daily cleaning of
adjacent paved roads to remove mud carried out by trucks, speed limits, or other measures.
The Environmental Health Department must approve the plan. When the application is turned
in for an Earthmoving Permit, the approved Fugitive Dust Plan must be attached.
ASBESTOS
Private Residential - Before demolition, we encourage the applicant to have the building tested
for asbestos, and if any asbestos is present, they should contact this Department regarding
proper removal.
NOISE
Construction work must comply with the Pitkin County Noise Abatement Ordinance. This includes the
provision that no construction noise is allowed in residential districts between the hours of 7pm and lam,
00J015 �.x,gW w�
and no noise is allowed on Sundays and federal holidays. (This is just a summary. Please refer to Pitkin
County, Code Title VIII for further details.)
r
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2 -70: -,it is the
policy of the County to consider whether approval of uses or development of lands within Pitkin County is consistent with applicable laws of
the United States of America and the State of Colorado." (Prior code 2 -7)
This Department is not aware of any issues of concern regarding other environmental health
laws.
t ojO16
p . R Iw Papa
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101 MIDLAND AVENUE • BASALT, CO 81621
(970) 927 -4701 • FAX (970) 927 -4703
October 3, 2001
Pitkin County Community Development
130 S. Galena St.
Aspen, CO 81611
ATTN: Brian McNellis, Community Development Planner
Mr. Brian McNellis:
wt N
The Basalt Planning and Zoning Commission met on Tuesday, October 2nd to discuss
your referral to the Town of the Snowmass Corporation application for redevelopment of
the non - conforming structure located at 24472 State Highway 82. Given the proximity to
the Town of Basalt most of the following comments reflect consistency issues with Town
regulations. In several cases the regulations in question deal with broader issues that
cross jurisdictional boundaries such as air quality, river stabilization, and affordable
housing. Further, the Commission wishes to go on the record that where new residential
units are being created that are designed or intended to be associated with existing
Basalt developments (e.g. the Roaring Fork Club) such units should be annexed to the
Town and included within the appropriate approvals.
Key Areas of Concern
The Town code requires a 50 ft. river setback. The proposed remodel appears to
increase the area of the building footprint located within 50 ft. of the high water line of
the Roaring Fork River. The Roaring Fork Club Administration building adjoining the
site was approved by the Town when the river setback requirement for the Town was
30 ft. The Commission strongly recommends that as much care as possible goes
into planning how this proposal can best conform with river setbacks and generally
reduce impacts on the river and riparian environment.
• The site is located within a reach of the Roaring Fork River that was studied as part
of the Roaring Fork Club development and which was stabilized and improved as
part of that development. This review should consider the status of the bank
adjacent to the site and if any maintenance or upgrades to the stabilization
improvements are warranted including additional riparian landscaping.
• Inspection of the existing sewage disposal systems should be undertaken to assure
it is properly operating and not negatively affecting water quality in the adjacent
Roaring Fork River. Given the extent of the remodel being considered it seems very
appropriate that consideration be given to infrastructure upgrades to the sewage
disposal system in order to protect both the environment and public health.
Additional Comments
• The proposed remodel appears to significantly increase the overall building footprint
including those areas with minimal setbacks both along the front yard (Highway 82
frontage) and rear property line along the Roaring Fork River.
JiJVJ? 1
Established in 1901
• The configuration of the units and their location adjacent to the Roaring Fork Club
PUD raises the question of their potential use in conjunction with club (rentals for
members, fractional ownership, occupancy by club employees, etc.) Given the rental
history of the triplex, will the remodel result in the elimination of residential units that
have a history of being more affordable?
The proposed structure appears to contain four solid fuel burning devices (fire
place /wood stoves). The Town prohibits wood burning fireplaces where natural gas
service is available, requires EPA certified appliances and limits duplexes to one
wood burning device per unit. The adjacent Roaring Fork Club PUD established
high standards for air quality by only allowing specially designed clean burning
fireplaces in cabin units.
Use of access easements across the Roaring Fork Club PUD administration building
site and the resultant combination of access points and improved safety for residents
and visitors to this site appears to be a significant benefit. The County and Town
should jointly confirm, prior to formal consideration of the application, that the use of
the easement is not in conflict with any PUD provisions for the Club as approved by
the Town.
Quick review of the application submittal and the County sign -off on the
nonconforming use raises the question of consistency of the application with the
County's determination in the September 28, 1998 letter which indicates that, "The
structure may be rebuilt to the existing height, footprint and floor area as a duplex....
The Town appreciates the opportunity to comment on this request and notes that careful
review of the application is consistent with the intent of our joint agreements regarding
referral of development review requests. As noted above, with this or other future
applications to the County that are intended to functionally operate as part of an existing
development approval within the Town, annexation should be considered. Please
contact me through the Planning Staff at the Basalt Town Hall (927 -4701) if you need
clarification or more information on any of the above items.
Sincerely
Gary Wheprg(
Chairman, -Basalt Planning and Zoning Commission
001 Ja 18
AT
101 MIDLAND AVENUE • BASALT, CO 81621
(970) 927 -4701 • FAX (970) 927 -4703
October 17, 2001
Pitkin County Community Development
130 S. Galena St.
Aspen, CO 81611
ATTN: Brian McNellis, Community Development Planner
Mr. Brian McNellis:
This letter is intended as a supplement to our October 3`d letter outlining a number of
comments and concerns relative to the Snowmass Corporation application for
redevelopment of the non - conforming structure located at 24472 State Highway 82.
The Planning and Zoning Commission met with the applicants in a work session on
October 17'" and were provided with additional information on river setbacks, the
existing sewage disposal connections to the Basalt Sanitation District system, and
landscaping plans including river bank restoration. At this time the Commission wishes
to note the following additional comments:
In response to questions from the applicant regarding annexation it should be noted
that the Basalt Board of Trustees sets policies on Annexations to the Town. The
sense of the Planning and Zoning Commission at last night's work session was that
there did not appear to be a compelling reason to pursue annexation to the Town at
this time.
The Commission asked that confirmation be provided that adequate fisherman's
easements exist on the Roaring Fork Club property adjacent to this site.
The Commission reviewed the new high water line information presented by the
applicant. Following discussion with both the applicant and staff, the Commission
noted that more research is appropriate on this issue of river setback.
Please feel free to contact me through the Planning Staff at the Basalt Town Hall (927 -
470 i) if you need clarification or more information on any of the above items.
Sincerely, i
Gary Wheeler //
Chairman, Basalt Planning
ULjUU11)
and Zoning Commission
Established in 1901
K
LAW OFFICES
FREILICH, MYLER, LEITNER & CARLISLE
FACSIMILE
(970) 920 -4259
TELEPHONE
(970) 920 -1018
September 4, 2001
Lance Clarke, Community Development Director
Brian McNellis, Community Development Planner
Aspen/Pitkin County Community Development Department
130 S. Galena St.
Aspen, CO 81611
IN KANSAS CITY, MISSOURI
FREHACH, LEITNER & CARLISLE
SEP 0 5 2001
ASPEN) PIl KIN
COMMUNITY DEVELOPMENT
ATTORNEYS AT LAW
ROBERT H FREILICH, P C "'
MARTIN L LEITNER, P C '
RICHARD G CARLISLE, P C '
S MARK WHITE"
ROBIN A KRAMER —
TYSON SMCFII °
JASON DIVELBISS'
iNNIT1FI,M�1�Y L',NY NC'FL'
Hand Delivered
Re: Redevelopment of legal non - conforming structure with minor modifications
24472 State Highway 82, Basalt, Colorado dated August 16, 2001
Dear Lance and Brian:
This letter is intended to clarify and, to the extent necessary, modify the above referenced
application with regard to replacement of a garage structure which was demolished in July of 2000.
On May 31, 2001 the applicant requested approval to replace the garage structure with a new garage
in the same location. In reviewing that application, Joanna Schaffner requested a photograph or
other evidence establishing the size, location and configuration of the demolished structure. Such
information was not readily available. In the meantime, applicant decided to proceed with the above
referenced application which contemplates replacement of the garage in a location which was
different than that described in the May 31 application.
Based upon the foregoing, the applicant requests that the May 31 application be combined
with the new application thus preserving the ability to replace the previously demolished structure.
By virtue of Section 6 -40 -020 of the Pitkin County Code, the BOCC has the discretion to allow such
a replacement even if it will occur more than one year from the date of demolition.
0, �'u1J20
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
W ASPEN COLORADO
106 SOUTH MILL STREET
ATTORNEYS AT LAW
202
DAVID l MYLER, PC
E MICHAEL HOFFMAN'
/.SUITE
C O
ASPEN, OLORADO 81611
nwnmeomm'
FACSIMILE
(970) 920 -4259
TELEPHONE
(970) 920 -1018
September 4, 2001
Lance Clarke, Community Development Director
Brian McNellis, Community Development Planner
Aspen/Pitkin County Community Development Department
130 S. Galena St.
Aspen, CO 81611
IN KANSAS CITY, MISSOURI
FREHACH, LEITNER & CARLISLE
SEP 0 5 2001
ASPEN) PIl KIN
COMMUNITY DEVELOPMENT
ATTORNEYS AT LAW
ROBERT H FREILICH, P C "'
MARTIN L LEITNER, P C '
RICHARD G CARLISLE, P C '
S MARK WHITE"
ROBIN A KRAMER —
TYSON SMCFII °
JASON DIVELBISS'
iNNIT1FI,M�1�Y L',NY NC'FL'
Hand Delivered
Re: Redevelopment of legal non - conforming structure with minor modifications
24472 State Highway 82, Basalt, Colorado dated August 16, 2001
Dear Lance and Brian:
This letter is intended to clarify and, to the extent necessary, modify the above referenced
application with regard to replacement of a garage structure which was demolished in July of 2000.
On May 31, 2001 the applicant requested approval to replace the garage structure with a new garage
in the same location. In reviewing that application, Joanna Schaffner requested a photograph or
other evidence establishing the size, location and configuration of the demolished structure. Such
information was not readily available. In the meantime, applicant decided to proceed with the above
referenced application which contemplates replacement of the garage in a location which was
different than that described in the May 31 application.
Based upon the foregoing, the applicant requests that the May 31 application be combined
with the new application thus preserving the ability to replace the previously demolished structure.
By virtue of Section 6 -40 -020 of the Pitkin County Code, the BOCC has the discretion to allow such
a replacement even if it will occur more than one year from the date of demolition.
0, �'u1J20
FREILICH, MYLER, LEITNER & CARL'SLE
Lance Clarke
September 5, 2001
Page 2
We also wish to supplement the above referenced application by providing the enclosed
photographs which depict the demolished structure.
Very Truly Yours,
FREILICH, MYLER, LEITNER & CARLISLE
David J. Myler
DJM /dlm
Enclosures
cc: Jim Horn (via telefax)
Ted Guy (via telefax)
Joanna Schaffner (via telefax)
�sJilil2
q2�
Sens Triplex Expansion and Alterations into Chaffin Light Duplex
This application is not part of the Roaring Fork Club.
Legal non - conforming triplex unit with 3938 sf in house and detached garage (�
Proposed 4936 sf duplex with one attached and one detached garages
Single Family Residence of 5750 allowed by right.
Entire site within 200 foot Highway 82 setback, all structures within yard setbacks.
Repairs, Restoration and alterations to non - conforming uses and structures section.
1. Without changes described as "without significant changes" and "may include
insignificant modifications to the original design... necessary to ...meet basic life,
health, and safety standards of Bldg Code"
2. Minor modifications undefined but must be significant rather than insignificant.
And must comply with standards
a. Adverse Impacts and Land Use Policies
b. Consistency w/ Master Plans
C. Building Code Standards
d. Meet Practical difficulties and hardships
e. Improve the function and Appearance
f. Makes all required dedications to the County
Graphic Display
Site Plan w/ Existing Triplex Structure
Existing Triplex Structure- two story west section with one story west wing
Site Plan w/ Existing Triplex Structure and 1000 sf one story addition
Existing Triplex Structure with 1000 sf addition- max expansion with GMQS exemption
Site Plan w/ Existing Triplex Structure and New Duplex
Existing Triplex Structure w/ New Duplex unit
Site Plan w/ New Duplex
New Duplex unit w/o Existing Triplex Structure
Compare mass and scale of Existing Triplex and New Duplex units
Site Plan w/ Existing Triplex Structure and potential one level Single Family Residence
New Single Family Unit on One Level compared to Existing Triplex Structure.
Site Plan w/ potential one level Single Family Residence
000022
7 ( 1: 1.��� PI1'h 1'17 -.� �W it61 -11T
L
L.nrrrr . A Pn(na... It: .....u..
n,.,gnn u6iY1.7J
Septc:abcr23, 1998
>t,.xrHAC nCXE7T
t l6u)NY11 VHrt417
Re: Snowmass Corporation / Sens
Dear Debbie:
Via Facsimile
KAMIR 1. CUSTAlSON'
of a parcel of land located at 24472 H ghway 82 in Basalt. I = writing at the
rnlc I. rm�:s ••
Ms Deborah Quinn
AW> )v
Pitica County Assistant Attorney
Aspen. Colorado
Re: Snowmass Corporation / Sens
Dear Debbie:
0016023
This office represents the Snowmass Corporation, the contract purchaser
of a parcel of land located at 24472 H ghway 82 in Basalt. I = writing at the
su;gestion of Joanna SChaffiier, the zoning officer for the County. The Purpose of
this letter is to request a clarification on the land use status of this properry. Our
client wishes to replace the existing building with a new duplex . We believe that
+i ir: v mte IuwtHC
a duplex is a use by right based on the fact that the existing s=cmre is a legal
nm UrE Avwur, SUM I
nonconforming use. The relevant facts are as follows.
A511l.M 41691
The property is currently zoned AFR -10. Tae existi .- triplex building
was built as a triplex in 1973, according to the records in the County Assessor's
f °'99153°
office. The records do not indicate the exact date of the issuance of a certificate of
,.,,,; mv. .OTUIW.—
occupancy. The Community Development staff and I thoroughly searched for a
building permit but were unable to find any in the County records. A Resolution
....Ixw,ffl:.
which extended zoning into the area affecting this parcel was passed July 2, 1973.
Ala)cicmx Inr+at
A Resolution requiring building permits for all new construction was passed by
the Board of County Commissioners in August of 1973. It is 1i3 ely that the
sill e>Y 01M IIOAO
existing structure was built prior to zoning in the area and prior to the necessity of
1VIST nffK,-. Mr)3 61 57
a building pertnit and is therefore a legal nonconforming use-
4M+CM O VILLAGE CO 11613
The AF2 zone, including the subject property, was implemented in July of
vo9Y13L11
1973, and included duplex dwelling units as a use by right. For this reason, we
w 7r> Ili o -rte
belicvc it is appropriate that the County ac'.mowlcdee that the existing structure
could be replaced with a new duplex structure. This new s=cture would not
increase the nonconformity. We understand that the new structure would be
� �t •
limited to the height and footprint of the existing structure.
!ta MAIN 1NT, SUru l to
C UMOFI)AU M 1,9627
W 97%)191) WA
., "1636667
J
..: n.n�.,•vJ,Ict,wcn61
0016023
Septe=ba 28,1498
Pngc 2
Plan indicate by your signature below your aolmowledgmeat end
approval of the status of this pares] as se 'Ortb -uZ I � „
Thmk you far your considcador i : this mat*v.t�` `'` ° XJ
Sin--=!Y,
mcr-YN, T N ? ?CK & WT+TI=, P.0
By: - zj -L
zric J. Cass
Pitkia County hereby aeirtowJedge:s and as-- that 'x existing strocttue
on the above..mferanced property is a legal nonc --r3=ing ust Ti`!Mmtum
may be rebuilt to the cutting hcight, footprnt and f oor arra as a d=l= subject
to it a proviaiena of ?itk n Canty Load Use Ccdc Article 5
Dated this YJ day of /.rte , 1548.
By:
Wrj /ug
s=w
Deborah Qui=4 - .
?itidn County A:==ey
UUUJ24
TOTAL P.03
Sf?-30 -1958 1257 P. 03
THEODORE K GUY�,,,yaSOCIATES PC _
ARCHITECTS AND STF.JCTURAL ENGINEERS
July 30, 2001
Lance Clarke, Community Development Planner
Brian McNellis, Community Development Planner
Aspen Pitkin County Community Development Department
130 S.. Galena Street
Aspen, CO 81611
k
Re: 24472 State Hiway 82, Basalt, Colorado
Chaffin Light Duplex
Dear Lance and Brian;
Attached is our application for the expansion of the existing non - conforming triplex
reference above. The structure is immediately upstream from the Roaring Fork Club Office
Building.
Enclosed are eight (8) copies of our application including our letter of request, Site Plan, and
the plans and elevations of the proposed new development at 2406.
Enclosed are two (2) copies of the Proof of Ownership, Agreement for Payment form and
the Owner's letter of authorization for our representation.
We have included one (1) copy each of a list of adjacent property Owners and the pre -
application form.
Also enclosed in the Owner's check in the amount of $1,110.00 as their deposit for review
fees.
Please call if you have any questions
Sincerely Yours;
Theodore K Guy, AIA, PE, President
THEODORE K GUY ASSOCIATES PC
TKG /tkg
01111 L1
25
23280 TWO RIVERS ROAD PO BOX 1640 BASALT, COLORADO 81621 19701 927 -3167
r
August 16, 2001
Lance Clarice, Community Development Director
Brian McNellis, Community Development Planner
Aspen Pitkin County Community Development Department
130 S. Galena St.
Aspen, CO 81611
Re: Redevelopment of Legal Non - Conforming Structure With Minor Modifications
24472 State Highway 82, Basalt, Colorado
Dear Lance and Brian:
Attached is our application for the redevelopment and expansion of an existing non-
conforming triplex located near Basalt immediately upstream from the Roaring Fork
Club office building.
Pertinent Background Information:
Applicant /Owner Snowmass Corporation, Inc.
Address 24398 Highway 82
P.O. Box 620
Basalt, CO 81621
Authorized Representatives Ted Guy, Architect
Dave Myler, Attorney
Subject Property:
Acreage
Address
Location
Access
2. Existing Conditions.
Existing Triplex Building
Square Feet
Built
Description
0.45 acres
24472 State Highway 82
Basalt, CO 81621
Between the Roaring Fork River and Highway 82
immediately upstream from the Roaring Fork Club
office building.
Directly off Highway 82
3,567
1973
One story over a walk -out basement.
1
000n 0 �i - ;nI'uCVj,� NIr,15 c Ph�vie Ijrli,'_'S -tSnn
1%` P�.a, * nf0ir Bnl itu,
f'
Garage
Square Feet 370
Highway Hardship The recent four laning of Highway 82 encroached
further onto the site. The elevation of the highway
was also raised thereby steepening the access to the
property that was already a problem with no
acceleration or deceleration lanes for safe access.
The entire buildable lot is now entirely within the
County's 200' highway setback, a significant
hardship for any modifications or improvements.
3. Proposal. Please refer to the enclosed site plan and plans and elevations of the
proposed development.
New Construction: Applicant proposes to replace the existing triplex and garage with an
attached new duplex structure each with a single car garage. The square footage of the
new structure of 4,933 square feet is slightly less than the square footage of the existing
structures plus 1,000 square feet. The new structure will remain a one story over
walkout basement. The height is limited to that of the existing structure and is consistent
with the height of the adjacent Roaring Fork Office building. Bedrooms will be located
on the lower level in the quietest zone on the property next to the river and buffered from
the highway noise by the living spaces above.
New Access:
As indicated on the enclosed site plan, Applicant proposes to close the existing access to
Highway 82, which is steep and dangerous, and replace it with access through the
adjacent Roaring Fork Office building site. An easement is in place which accomplishes
this.
Highway Noise Buffer:
Applicant proposes to tastefully landscape its property and create a sound buffer within
the state highway easement to buffer the sound generated by the highway. Applicant is
working with the Colorado Department of Transportation ( "CDOT ") to design a sound
buffer within the highway right of way satisfactory to CDOT.
Landscaping:
The site will be landscaped as noted above to buffer the highway and in addition to bring
the quality of the site to a level comparable to other landscaping at the Roaring Fork Club
and consistent with a riparian environment.
Overall, the proposed development will maintain a low profile, open up the middle of the
site for views through the development to the golf course and river and improve the
function and overall appearance of the site. Reducing the use from a triplex to a duplex
and sharing the Roaring Fork Office access, which has a shallower grade and deceleration
lane the access, will improve the highway safety issues.
i1(JU0027 2
4. Approvals Required.
BOCC approval for the restoration and expansion of a non - conforming use and structure
with minor building modifications pursuant to Section 6 -40 -030.
GMQS Exemption for additional floor area up to 1,000 square feet pursuant to Section 9-
110-05 2.
In addition, Applicant will seek a variance from the Board of Adjustments following
completion of the foregoing reviews due to the site falling within the 200' highway
setback and for landscaping and sound buffering within the setback.
Please reference the letter dated September 28, 1998 signed by County Attorney Deborah
Quinn, which acknowledges and agrees that the existing structure is a legal
nonconforming use and that it could be rebuilt to the existing height, footprint and floor
area as a duplex subject to the provisions of Pitkin County Land Use Code Article 6.
Please also note that pursuant to the existing AFRI0 zoning for the site, Applicant has the
right to construct a single - family residence of up to 5,750 square feet on the site.
Approval of this application will result in an 813 square foot smaller structure containing
two moderately sized units rather than one larger home and the proposed use is consistent
with the direction approved in the September 28, 1998 letter.
5. Submission Requirements.
Section 6 -40 -030. Restoration or Expansion of Non - Conforming Use or Structure
with Minor Building Modifications.
A. Adverse Impacts and Count); Land Use Policies. Applicant's proposal does not
have adverse impacts on the neighborhood or the County as a whole. There will
one less dwelling unit, a safer access to Highway 82 and a structure and
landscaping that is more harmonious with its surrounding environment.
B. Consistency With Master Plan. Applicant's proposed use and structure are
generally consistent with the adopted master plans for the area and adjacent land
uses. The smaller units are exactly what the county has attempted to do with
recent changes to the land use code, the limits on FAR, and the TDR program.
C. 1. Changes to the neighborhood as the result of the widening of Highway 82
make it difficult to achieve the noise buffering of the living spaces within the
restrictions on alteration and restoration.
C. 2. Applicants proposed redevelopment of the site would maintain a low profile,
open up the middle of the structure for views through the development to the golf
course and wetlands across the river and improve the overall function and
appearance of the site.
OU0020 1
s
D. Development Exactions. Applicant agrees to make all required dedications to the
county in accordance with the standards in Section 3 -130 for any additional
development that is approved pursuant to Section 6 -40 -030.
Section 9- 110 -052. Exemption for Residential Remodels, Smaller Additions and
Replacement Units.
A. General Standards and Criteria.
1. Legally Created Structure. Please refer to the letter dated September 28,
1998. Applicant and the Community Development staff researched the
County records and were unable to find a building permit or certificate of
occupancy. County Assessor records indicated the building was built as a
triplex in 1973.
2. Non - Conforming Structures. The structure is a legal non - conforming
structure. Please refer to the letter dated September 28, 1998.
B. One -Time Exemption for Smaller Additions
1. Addition Exemption Limited to 1,000 Square Feet of Floor Area. The
proposed addition is limited to 996 square feet.
2. Delay in Eligibility, for Addition Exemption May Apply. N.A. The
property was not created through either of the exceptions for which a
delay could apply.
3. No Change in Use. The change in use from a triplex to a duplex
essentially fits the letter of intent here.
4. Total Floor Area Reserved. The requested addition is the only addition
applied for after June 19, 2000 and thus is within the cumulative total of
1,000 square feet.
5. 1041 Review May be Required. At the pre - application conference, it was
agreed that the 1041 environmental hazard review did not apply.
6. Additions Available to Certain Non - Conforming Structures. N.A.
Applicant is not seeking an addition related to an existing non - conforming
use created by virtue of the floor area definition adopted through
Ordinance #023 -2000.
7. Appendices. Submitted in eight copies unless otherwise noted.
• Letter dated September 28, 1998 between Applicant's attorney and Deborah
Quinn, Pitkin County Attorney.
• 24" x 36" Site Plan depicting location and size of proposed development.
• Proof of Ownership (Title Commitment) (2 copies).
• Plans and Elevations of proposed development.
• Access Easement Agreement.
• Agreement for payment form (2 copies).
000029 4
• List of adjacent property owners (1 copy).
• Check for $1,11 in payment of review fee.
• Copy of pre - application form (1 copy).
Please feel free to give us a call with any questions you may have.
Sincerely,
oL G/J--
James A. Horn,
Vice President
00 030
PUBLIC NOTICE
RE: ROARING FORK CLUB EXPANSION OF A NON - CONFORMING
STRUCTURE WITH MINOR MODIFICATIONS (P147 -01)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,
October 24, 2001 at a regular meeting to begin at 3:00 PM or as soon thereafter as the
conduct of business allows, before the Board of County Commissioners, Plaza One
Conference Room, 530 E. Main St., Aspen to consider an application submitted by
Snowmass Corporation, Inc., for expansion of a Non - conforming structure with Minor
Modifications. The property is located at 24472 Highway 82 and is described as a tract of
land situated in Tracts 55 and 57, Section 17, Township 8 South, Range 86 West of the
6th P.M. The application/resolution are available for public inspection in the Community
Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further
information, contact Brian McNellis at (970) 920 -5092.
Jeanette Jones, Deputy County Clerk
Board of County Commissioners
Published in the Aspen Times on September 22, 2001
Pitkin County Account 002.02
Public Private X
000031
'j�VD TO L i5A 3:45qn.L g q37-�I813
FNT'
c
SCHEDULE A- OWNER'S POLICY
CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER
PCT13266 12/11/98 B 11:58 A.M. $ 437,500.00 1312- 131379
1. NAME OF INSURED:
SNOWMASS CORPORATION INC., A COLORADO CORPORATION
2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:
SNOWMASS CORPORATION INC., A COLORADO CORPORATION
4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN,
STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS:
See Attached Exhibit "A"
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(970) 925 - 1766/(970)- 925 -6527 FAX
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET
OUo032
EXHIBIT A
A tract of land situated in Tracts 55 and 57, Section 17, Township 8
South, Range 86 West of the Sixth Principal Meridian, lying Southerly
of the Southwesterly right of way line of State Highway No. 82 and
Northerly of the Northeasterly bank of the Roaring Fork River, said
parcel of land is described as follows:
Beginning at Angle Point No. 1 of said Tract 57, being the same as
Angle Point No. 8 of Tract 56, all in said Township and Range;
thence South 21048122" East 838.30 feet to a point on the
Southwesterly right of way line of said Highway;
thence North 44030100" West along said Southwesterly right of way line
179.80 feet to the true point of beginning;
thence North 44o30'00" West 221.65 feet along the Southwesterly right
of way line of said highway;
thence South 45030100" West 83.63 feet to a point on the Northeasterly
bank of said river;
thence South 43046100" East along the Northeasterly bank of said river
143.27 feet;
thence South 32023100" East along the Northeasterly bank of said river
39.57 feet;
thence South 14027100" East along the Northeasterly bank of said river
45.87 feet;
thence North 45030'00" East 116.73 feet to a point on the
Southwesterly line of said Highway No. 82, to the True point of
beginning.
LUJU33
SCHEDULE B- OWNERS
CASE NUMBER DATE OF POLICY POLICY NUMBER
PCT13266 12/11/98 Q 11:58 A.M. 1312 - 131379
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments,
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
5. Water rights, claims or title to water.
6. Taxes for the year 1998 not yet due or payable.
7. Right of the proprietor of a vein or lode to extract or remove his
ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted as reserved in United States Patent recorded
in Book 189 at Page 63.
8. An undivided one -third of all oil, gas and other minerals in the
subject lands, together with the right to enter upon the same to
explore, drill, mine and remove the same upon payment of surface
damages, as set forth in instrument recorded in Book 187 at Page 94,
and any and all assignments thereof.
9. Right of way and right to use and maintain the Kester No. 82A Ditch
as reserved in Deed recorded September 11, 1968 in Book 236 at Page
311, as it may affect the subject property.
10. Easement and right of way for an electric transmission or
distribution line or system, as granted to Holy Cross Electric
Association, Inc., in instrument recorded in Book 230 at Page 358.
11. Easement and right of way for an electric transmission or
distribution line or system, as granted to Colorado -Ute Electric
Association, Inc., in instrument recorded in Book 204 at Page 543,
as it may affect the subject property.
12. Easement and right of way granted to Rocky Mountain Natural Gas
Company, Inc., in instrument recorded in Book 195 at Page 437, as it
may affect the subject property.
13. Right of way for Colorado State Highway No. 82.
(Continued)
3lu G334
POLICY NO. 1312- 131379
CASE NO. PCT13266
SCHEDULE B- OWNERS -- EXCEPTIONS -- CONTINUED --
14. Any question, dispute or adverse claim as to any loss or gain of land
as a result of any change in the river bed location by other than
natural causes, or alteration through accretion, reliction, erosion
or avulsion of the center thread, bank, channel or flow of waters in
the Roaring Fork River lying within subject land; and any question as
to the location of such center thread, bed, bank, bed or channel as a
legal description monument or marker for the purposes of describing
or locating subject lands.
NOTE: There are no documents in the land records of the Office of the
Clerk and Recorded of Pitkin County, Colorado accurately locating
past or present location(s) of the center thread, bank, bed, or
channel of the above River or indicating any alterations of the same
as from time to time may have occured.
Any rights, interest or easements in favor of the riparian owners,
the State of Colorado, The United States of America, or the general
public, which exist, have existed, or are claimed to exist in and
over the waters and present and past bed and banks of the Roaring
Fork River.
EXCEPTIONS NUMBERED 1, 2, 3 & 4 ARE HEREBY OMITTED.
0U_ 35
Report Date: 08/24/98 10:32AM
PITKIN COUNTY TREASURER
Page: 1
CERTIFICATE OF TAXES DUE CERT
#: 9802427
SCHEDULE NO: R007203
ORDER NO: 13266
ASSESSED TO:
VENDOR NO: 202
SENS WILLIAM H
PITKIN COUNTY TITLE, INC
0016 LUPINE DR
601 EAST HOPKINS
ASPEN, CO 81611
ASPEN, CO 81611
LEGAL DESCRIPTION:
DESC: A TRACT SITUATED IN TRACTS 55 AND 57 OF SECTION 17 -8 -86 W. OF THE 6TH. P. M., LYING
SOUTHERLY OF THE SOUTHWESTERLY RIGHT OF WAY LINE OF STATE HIGHWAY NO. 82 AND
NORTHERLY OF THE NORTHEASTERLY BANK OF THE ROARING FORK RIVER, SAID TRACT BEING
FULLY DESCRIBED BY METES AND
BOUNDS SEE DEED OF RECORD IN BOOK 530, PAGE PAGE 257
PITKIN COUNTY RECORDS. BK.0530
PG:0257 BK:0530 PG:0257
PARCEL: 246717400027
SITUS ADD: 24460 HWY 82 BASALT
TAX YEAR CHARGE
TAX AMOUNT INT AMOUNT ADV,PEN,MISC
TOTAL DUE
TOTAL TAXES
0.00
TAX YEAR ASSESSMENT
ASMT AMOUNT INT AMOUNT ADV,PEN,MISC
TOTAL DUE
TOTAL ASMT
0.00
TAX YEAR TAX LIEN SALE
_
TLS AMOUNT INT AMOUNT REDEMPT FEE
TOTAL DUE
TOTAL STATEMENT
0.00
GRAND TOTAL DUE GOOD THROUGH 08/24%1998
0.00
ORIGINAL TAX BILLING FOR 1997
TAX DISTRICT 016 - JT1 -WZ
Authority
Mill Levy Amount Values Actual
Assessed
PITKIN COUNTY
3.526 159.73 Land 175000
17050
OPEN SPACE & TRAILS
2.519 114.11 Exempt 0
0
COUNTY HOUSING DEBT
0.450 20.38 Improve 290000
28250
BASALT FIRE PROTECTION
6.094 276.06 ---- - - - - -- ---- - - - - --
---- - - - - --
ROARING FORK SCHOOL DIST
43.424 1,967.10 Total 465000
45300
COLORADO MTN COLLEGE
3.944 178.66
COLORADO RIVER WATER CO
0.307 13.91
BASALT WATER CONSERVAN
0.092 4.17
ASPEN VALLEY HOSPITAL
1.335 60.48
BASALT LIBRARY
1.151 52.14
FEE FOR THIS CERTIFICATE
62.842 2,846.74 - TAXES FOR 1997
10.00
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1,
REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under a separate schedule number, personal properly taxes,
transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or
mobile homes, unless specifically mentioned.
1, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and
all outstanding sales for unpaid taxes as shown by the records in my office from wh' h the same MPY still be redeemed with the
amount required for redemption areas noted herein. In witness whereof, I have here to set my I nd and seal lhi 08124/98.
TREASURER, PITKIN COUNTY, THOMAS CARL OKEN, �j� /f'�
0u j U 'jU
v
t1�
THIS DEED, made this 10th day of December, 1998, between WILLIAM H.
SENS of the County of Pitkin and Slate of Colorado, (Grantor), and SNOWMASS
CORPORA'T'ION, INC., a Colorado Corporation, whose legal address is P.O. Box 620,
Basalt, CO 81621, (Grantee):
WITNESS ET'I1, that the Grantor for and in consideration of the so in of Tell Dollars
and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant,
bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real properly together
with improvements, if any, situate lying and being in the County of Pitkin and Stale of Colorado described as follows:
A tract of land situated in Tracts 55 and 57, Section 17, Township 8 South, Range 86 West of the
Sixth Principal Meridian, tying Southerly of the southwesterly right of way line of State Highway
No. 82 and Northerly of the Noi lhcaslcrly batik of (lie Roaring cork River, said parcel of land is
described as follows:
Beginning at Angle Point No. I of said'rracl57, being the same as Angle Point No. 8 of Tract 56,
all in said Township and Range; thence South 21°48'22" East 838.30 feet to a point on the
Southwesterly right of way line of said highway; thence North 44 °30'00" West along said
Southwesterly right of way line 179.80 feel to the hue point of beginning; thence Nortl144 °30'00"
West 221,65 feel along the Southwesterly right of way line of said highway; thence South
45 °30'00" West 83.63 feet to a point on the Northeasterly bank of said river; thence Soullr
43 °46'00" East along the Northeasterly bank of said river 143.27 feet; thence South 32'23'00" East
along the Northeasterly batik of said river 39.57 feet; thence South 14 °27'00" East along the
Northeasterly bank of said river 45.87 feel; thence North 45 °30'00" East 116.73 feet to a point oil
the Southwesterly line of said Highway No. 82, to the true point of beginning.
Also known as: 24472 highway 82, Basalt, CO 31621
TOGETHER with all and singular the hercditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all
the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the
above bargained premises, with the lreredilaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto
tine Grantee, its successors and assigns forever. And .he vCrautor, for himself, his heirs and personal representatives,
does covenant, grant, bargain and agree to and with the Grantee, its successors and assigns, that at the time of the
ensealing and delivery of these presents, Ire is well seized of the premises above conveyed, has good, sure, perfect,
absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful
authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and
clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of
whatever kind or nature soever, except casements, restrictions, reservations, including mineral reservations, and rights
of way of record, or situate in and in use; rights, interests or casements in favor of riparian owners, the State of
Colorado, the United Slates of America, or the general public, which exist, have existed or are claimed to exist in and
over the waters and present and past bed and banks of (lie Roaring Fork River; and real property taxes for the year
1998, not yet due or payable.
The Granlor'shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the
quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons
lawfully claiming the whole or any part thereof
IN WITNESS WHEREOF, the Grantor has executed lhjti<deed on \he dale set forth above.
His
sTATE Or COLORADO )
) ss.
COUNTY Or GARFIELD )
H.
The foregoing instrument was acknowledged before nle this 10th day of December, 1998, by John A.
Tludscirm- A49rney In Fact for WILLIAM I1. SENS.
Witn'" 1111 .)land and official seal.
y colI mssion expires:
t 818 olorado Avenue L S
"f,, /r "e kooll Springs, CO 81601 Notary I t blic
q My omrni,ribn frxfiires May 1, 2001
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JUL -30 -2001 MON 04:10 PM FAX NO, P. 02
W -Oai
PITKIN COUNTY
PRE- APPLICATION CONFERENCE SUMMARY
DATE:
July 30, 2001
PROJECT:
Roaring Fork Club Expansion of a Non - conforming Structure with
Minor Modifications
LOCATION:
24472 Hwy. 82
OWNER/APPLICANT!
Snowmass Corporation Inc.
REPRESENTATIVE:
Ted Guy Tel: 927.3167
PLANNER:
Brian McNdlis Tel; 920 -5092
1. Type of Application: Expansion of a Non- conforming structure with Minor Modifications
2. Oes"111tion of Proieet/Development: Applicant proposes to replan. a legal non - conforming
triplex with a duplex that will be larger in bulk and square footage.
3. Areas in which the Applicant is requested to respond, types of reports: Land Use Code
Sections:
• Section 6 -40 -010, Restoration or Expansion of Non - conforming Use or Structure with
Minor Building Modifications
4. Review is before. BOCC
5. Public Heuring: Yes, at BOCC. The applicant shall post a public notice sign on the property at
least 15 days prior to the hearing and shall mail notice to all adjacent property owners at least 30
prior to the hearing with the return address of the Community Development Department (copy of
the notice to be obtained from the Community Development Department). The names and
addresses shall be those on the current tax records of Pitkin County as they appear no more than
60 days prior to the date of the public hearing.
6. Will be referred to: Attorney, Zoning, Environmental Health, Town of Basalt.
7, What fee was the applicant requested to submit:
• Planning Office (deposit): $1,110 (additional hrs. are billed at a rate of $1854ir)
Note: Environmental Health will be billed on the frnal bill at a rate of $63 per hour
8. To apply, submit eight (8) copies of the following information, unless otherwise note([:
• Letter of request (application), addressing Code Sections listed above, and giving background
information;
• Copies of previous land use approvals;
• 24" X 36" Site Plan (folded) depicting location and size of proposed development;
• Proof of ownership (from a title company or attorney licensed in the State of Colorado)
including legal description (2 copies);
• Plans and elevations of proposed development;
• Proof of legal access to the property
• Agreement for payment form (2 copies);
• A list of adjacent property owners (1 copy);
• Total deposit for review of the application;
• Copy of this pre - application form (1 copy);
PLEASE NOTE: This pre application conference summary is advisory in native and not binding on
the County. The information provided in this summary is based on current zoning standards and
staffs interpretations bared upon representations of the applicant. Additional info marion may be
required upon complete review of the application
JUL —;0 -2001 16:27 P.02
lJJ ✓�.it`
SNOWMASS CORPORATION
24398 Highway 82
P.O. Box 620
Basalt, CO 81621
July 19, 2001
Pitkin County Community Development Department
130 South Galena Street
Aspen, CO 81611
To Whom It May Concern:
By this letter we authorize Ted Guy and Theodore H. Guy Associates to represent us to
process the development application for the property located at 24472 Highway 82 and
sometimes referred to as the Sens Cabin.
Sincerely,
J,, 04,4--
James A. Horn,
Vice President
MOO-
Ye
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920 -5090 FAX (970) 920 -5439
MEMORANDUM
TO: County Attorney
Zoning
Environmental Health
Town of Basalt
FROM: Brian McNellis, Community Development Department
RE: Roaring Fork Club Expansion of a Non - Conforming Structure with Minor
Modifications
(PID 2467 - 174 -00 -027; CASE # P141 -01)
DATE: September 4, 2001
Attached for your review and comments are materials for an application submitted by Ted Guy for
Snowmass Corporation. The Pitkin County Board of County Commissioners will review the
application on Wednesday, October 24, 2001.
Please return your comments to by Monday, October 1, 2001.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU
HAVE NO FURTHER NEED OF THEM.
Thank you.
000044
JUL-30-2001 17:11 THEODORE K GUY ASSOC 9709274813 P.06
R
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of Pitkin County Development Application Fees
PITKIN COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for
2y4?2 «A ?2- �jaStQ l CJ glla LJ
(hereinafter, THE PROJECT),
2. APPLICANT understands and agrees that Pitkin County Ordinances
No. 98 -7 and 99 -37 establish a fee structure for Planning applications and the
payment of all processing fees is a condition precedent to a determination of
application completeness.
3. APPLICANT and COUNTY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
COUNTY further agree that it is in the interest of the parties for APPLICANT to
make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT. APPLICANT agrees he will be benefited by retaining
greater cash liquidity and will make additional payments upon notification by the
COUNTY when they are necessary as costs are incurred. COUNTY agrees it will
be benefited through the greater certainty of recovering its full costs to process
APPLICANT's application.
4. COUNTY and APPLICANT further agree that it is impracticable for
COUNTY staff to complete processing or present sufficient information to the
Planning Commission and/or 13oard 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.
JILL- 30- -20Q1 16:33 96: P.05
UUU045
P
JUL -30 -2001 17:12 THEODORE K GUY ASSOC
9709274813 P.07
S. Therefdre, APPLICANT agrees that in consideration of the
COUNTY's waiver of its right to collect full fees prior to a determination of
application completeness, APPLICANT shall pay an initial deposit in the amount
of Sj, /io which is for hours of staff time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
COUNTY to reimburse the COUNTY for the processing of the application
mentioned above, including post approval review. Such periodic payments shall be
made within 30 days of the billing date. APPLICANT further agrees that failure to
pay such accrued costs shall be grounds for suspension of processing.
PITKIN COUNTY
Cindy Houben
Community Development Director
r.Nsuppo"ww\*ZrPay pt, dx
01AMM
JLL- 30`2001 1634
APPLICANT
Sha �GSS C�� �Ow
Print Name
�"I' D�9 --
Signs re Ja, s /, Hor,,,.J
Date: G e y"=L cO , zoo
Mailing Address:
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TOTAL P.O?
U06046
APPLE -RIO MANAGEMENT COMPANY
INC
6620 MC GINNIS FERRY RD STE B
DULUTH, GA 30097
CAPARELLA TELEO J & ANGELINA F
24480 HWY 82
BASALT, CO 81621
BOOTHE NANCY
PO BOX 56
SNOWMASS, CO 81654
CERISE TELIO B
PO BOX 305
BASALT, CO 81621
MERRILL BRUCE DALTON & JANIS S REV MOORE RONALD W & NANETTE
TRUST 15950 MANCHESTER RD
6275 N 31ST PL ST LOUIS, MO 63011
PHOENIX, AZ 85016
ROARING FORK CLUB LP
PO BOX 1669
BASALT, CO 81621
TEMPLE INTERESTS LP
109 TEMPLE BLVD #200
LUFKIN, TX 75901
WINETROUB JERALD & SANDRA 1/4 JNT
515 CONGRESS AVE STE 110
AUSTIN, TX 78701
0100047
ROARING FORK OFFICE PARTNERSHIP
LLP
PO BOX 1669
BASALT, CO 81621
WARBURG STORAGEMART PARTNERS LP
2407 RANGELINE ST
COLUMBIA, MO 65202
J
BROOKSHER CABIN GRIT
3329 E BAYAUD APT #1404
DENVER, CO 80209
DE VRIES TIMOTHY C & GAYLE
2180 ABINGDON WY
LONG LAKE, MN 55356
PITKIN EXCHANGE HOLDINGS OF ASPEN
LLC
601 E HOPKINS 3RD FLOOR
ASPEN, CO 81611
SNOWMASS CORPORATION INC
PO BOX 620
BASALT. CO 81621
WILHELM DAVID A & MARY LINDA JT
165 SAGO PALM RD
VERO BEACH, FL 32963 -3702
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COMITY DEVELOPMENT DEPARTMENT"
130 South Galena Street
w Aspen, Colorado 81611
(970) 920 -5090
Pitkin County
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NAME. _ -
ADDRESS /PROJECT:
PHONE:
CASE /PERMITq! >�311 " #OFCOFIES:
r.." / r _INITIAL: 'C
Land Use:
172
Board of Adjustment
159
County land Use Code
173
Deposit
174
Flat Fee
162
Zoning and Sign
169
Public Notice
160
Planning Enforcement
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NAME. _ -
ADDRESS /PROJECT:
PHONE:
CASE /PERMITq! >�311 " #OFCOFIES:
r.." / r _INITIAL: 'C
Referral Fees:
RB115
Access Permit
LUC01
County Clerk
193
County Engineer
194
Environmental Health
198
Housing
190
Land Management
196
Wildlife Officer
/// Z) —
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NAME. _ -
ADDRESS /PROJECT:
PHONE:
CASE /PERMITq! >�311 " #OFCOFIES:
r.." / r _INITIAL: 'C
Building Fees:
170
Board of Appeals
135
Building Code Sales
105
Building Permit
100
Contractor License
120
Electrical Permit
195
Energy Code Review
115
Mechanical Permit
150
Plan Check
1 t0
Plumbing Permit
130
Reinspection
151
Aspen Sanitation
152
AVFD Fire Marshal
/// Z) —
� F iJ
NAME. _ -
ADDRESS /PROJECT:
PHONE:
CASE /PERMITq! >�311 " #OFCOFIES:
r.." / r _INITIAL: 'C
Other Fees:
155
Use Tax
165
Copy
Performance Deposit
185
Park Dedication
186
Parking Cash in Lieu
166
GIS Maps
IS
GIS Requirements
RB116
Road Impact Fees
B1202
Road Impact Fee
B1203
School Impact Fee
TOTAL.
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NAME. _ -
ADDRESS /PROJECT:
PHONE:
CASE /PERMITq! >�311 " #OFCOFIES:
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