HomeMy WebLinkAboutpitkin.planning.273501403018Parcel ID: 2735- 01 -4 -03 -018 Application Date: 4/25/14 Case No: P041 -14
Planner: Lance Clarke
Description: Marcus Activity Envelope
Project Address: 144 MAGNIFICO RD, ASPEN, C081611
Property Owner: MARCUS
Owner's REP: KARY DEAVERS
REP's Email: Kary@10mhs.com
Address: 240 CLARKE AVE
PALM BEACH, FL 33480
Address: BOX 569
SNOWMASS, CO 81654
Referrals: FIRE DEPT - ASPEN Other Referrals: Pitkin Green HOA none
ZONING REFERRAL
ALL OTHER REFERRALS
Comments Due Date: 05116/2014
Meetings: 1st Meeting:
Meeting Date:
Review Body: admin
Public Hearing? no
Notice Date:
Meeting Notes:
2nd Meeting:
Approvals:
BOCC Resolution # P &Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #' 036-2014#670529
Other Information:
VR Approval Date: Plat Recorded Date:
VR Expires Date: Plat (Bk, PG):
Remarks: no vesting
Application Type: Activity Envelope
# Copies: 1
Allocated Hours: 10
% Over Hours: 12
Owner Phone:
REP's Phone:
3rd Meeting:
RECEPTION #: 610529, 05/22/2014 at
11:38:13 AM,
I of 2, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
ADMINISTRATIVE DECISION OF THE PITKIN COUNTY, COLORADO, COMMUNITY
DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE MARCUS ACTIVITY
ENVELOPE FOR TREE REMOVAL FOR WILDFIRE DEFENSIBLE SPACE PURPOSES
Administrative Decision Nodo--2014
RECITALS
Jeffrey Marcus (hereafter referred to as "Applicant ") has applied to the Community Development
Director of Pitkin County, Colorado ("Director ") for non - vested Activity Envelope approval to remove
trees and other vegetation for wildfire defensible space purposes.
1. The parcel is located at 144 Magnifico Road. Lot 17, Block 2, Pitkin Green Subdivision. PID #:
273501403018.
2. The parcel is approximately 32,000 sq. ft., is in the R -30 zone district, and is conforming in size.
3. The Application was referred to the Pitkin Green Homeowners Association. No comments were
received
4. The Director finds that the proposed vegetation removal is in compliance with the wildfire defensible
space provisions of the Land Use Code and is supportive of the fire safety for the home and the
surrounding neighborhood.
APPROVED by the Director, subject to the following conditions:
The Applicant shall adhere to all material representations made in the current application dated April
21, 2014, and at a staff site visit on May 15, 2014, and shall consider those representations to be
conditions of approval.
2. Submittal of an activity envelope drawing for recordation is not required and the application and
this determination shall constitute the Substance of the approval.
3. The approved defensible space mitigation shall consist of:
A. Removal of 5 previously topped small cottonwoods within 15' of the house.
B. In the area extending up to 30' from the house, 30% of the oak and servicebeny and other
vegetation may be removed and remaining clumps should be spaced 15' -20' apart.
C. Outside of the 30' perimeter up to 100' from the house, approximately 50% of the 29
cottonwoods may be removed.
D. All low limbs on remaining trees shall be raised to 4' -6', and all dead material over 2" in
diameter will be removed from trees.
4. No development other than vegetation removal, thinning, and clumping shall occur as a result of
this determination.
5. Any ground areas disturbed b} the vegetation removal /thinning shall be re- vegetated with native
vegetation within one growing season of the project's completion.
Page l of 2
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.
APPROVED by the Director, this e�Ot�.day of 4l L _ _, 2013.
,L kW tl � tt
Cindy Flouben,
Community Development Director
PID# 273501403018
Case: P041 -14
Pa
ge _' of 2
PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY
PROJECT: Marcus Activity Envelope for Vegetation Removal
LOCATION: 144 Magnifico Road PID# 273501403018
OWNER: Jeffrey Marcus
REPRESENTATIVE: Kary Deavers Phone: 927 -5000 E Mail: kary@10mhs.com
DATE: Julv 11, 2013 PLANNER: Lance Clarke 920 -5452
Type of Application: Activity Envelope — Non Vested
Description of Project/Development: The Applicant is requesting approval for an activity envelope to define
proposed vegetation removal and mitigation for wildfire defensible space and esthetic purposes.
Sec. 2- 30 -20(g) (1), (3): Activity Envelope Criteria for Approval;
Sec. 7- 10 -50: Site Plan and Activity Envelope;
Sec. 7 -20 -10 (b): Clearing, Grubbing, and Vegetation Removal;
Sec. 7 -20 -10 (c): Tree Removal and Mitigation;
Sec. 7 -20 -60 (b) (1): Wildfire Hazard Defensible Space;
Sec. 7 -20 -130 (b): Landscaping and Vegetation Protection.
Staff will refer the application to the following agencies: Aspen Fire, Zoning, applissole HOA F we
Review by: Community Development Director
Public Hearing: NO
FEES: $3,120.00 (make check payable to " Pitkin County Treasurer ")
• Planning Office flat fee: $3,120 (non - refundable; based on 10 hours of staff time; if staff review time
exceeds 12 hours, the Applicant will be charged for additional time above 12 hours at a rate of $312 /hour)
To apply, submit 2 copies of the following information, unless noted otherwise:
1. Summary letter explaining the request, explaining existing conditions, providing background on prior
approvals and permits, and addressing compliance with the Code Sections listed above.
2. Application requirements as designated in Section 2.1.1 (Activity Envelope) of the Pitkin County Land Use
Application Manual;
3. Proof of ownership of subject property;
4. Copies of previous Land Use approvals;
5. Parcel descriptions, including legal descriptions and vicinity map;
6. Total fee for review of the application;
7. Signed fee agreement (1 copy);
8. Consent from owner(s) to process application and authorizing the representative, if applicable (1 copy);
9. Copy of this preapp form (1 copy)
000001 0-C 3/
NOTES:
r PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION.
PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF
POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR
APPLICATION.
ALL MAPS SHALL BE FOLDED. Note: At least one copy shall have all materials at 8112' x 11 " or less.
➢ This pre - application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staffs interpretations
based upon representations of the applicant. Additional information may be required upon a complete
review of the application.
,,1:002
LUX
A S P E N
April 21, 2014
Mr. Lance Clarke
Pitkin County Community Development Dept.
130 South Galena
Aspen, CO 81611
RE: Jeffrey Marcus 144 Magnifico Road Request for Non Vested Activity Envelope for
Vegetation Removal - Pitkin Green Subdivision PID # 2735- 014 -03 -018
Dear Mr. Clarke,
The applicant, Jeffrey A. Marcus, is requesting a new approval for a Non Vested Activity
Envelope for the purpose of vegetation removal.
The following attachments are hereby included as part of this application:
Attachment 1: Pre - application Conference Summary
Attachment 2: Land Use Application dated April 18, 2014
Attachment 3: Land Use Approval # 1
Attachment 4: Land Use Approval # 2
Attachment 5: Proposed Marcus Non Vested Activity Envelope
Attachment 6: Certificate of Ownership
Attachment 7: Signed Fee Agreement
Attachment 8: Letter from Jeffrey Marcus authorizing LUX Aspen Ltd. To prepare,
process and submit this application on his behalf and to represent
Him in the land use review process for approval.
000003 9275000 @gmail.com 970 927 5550 fax 9709275000 225 North Mill Street Aspen, CO 81611
Mr. Lance Clarke, Assistant Director
Pitkin County Community Development Department
1330 South Galena Street
Aspen, Colorado 81611
RE: MARCUS AUXILLIARYACTTVnY ENVELOPE REVIEW
Dear Mr. Clarke,
Please be advised that I hereby authorize LUX Aspen Ltd. to act as our designated
representative with respect to the land use application being submitted to your office for our
property, located at 144 Magnifico Road in Aspen. LUX Aspen Ltd. /Mr. Kary Deavers is
authorized to submit applications, exhibits and any other materials necessary or in connection
with our property as well as to represent me /the property in meetings with Pitkin County staff
and the County's review agencies.
Should you have any need to contact me during the course of your review of this application,
please do so through Kary Deavers, whose address and telephone number are included in the
land use application, or you may contact me directly at the address below.
Respectfully,
Jeffrey A. Marcus
24o Clarke Avenue
Palm Beach, FL 33480
00004
Pitkin County Assessor
Parcel Detail Information
Assessor Property Search I Assessor Subset Ouery I Assessor Sales Search
Clerk & Recorder Reception Search I Treasurer Tax Search Search
GIS MaP I GISHelp
Basic Building Characteristic I Value Sunnnary
Parcel Detail Value Detail I Sales Detail I ResidentiaFConnnercial luroveinent Detail
Owner Deta I Land Deta I Photographs
Tax
Area I
Account
Number
Parcel
Number
Property Tyler
Levy
008
R003647
273501403018
RESIDENTIAL.
27.189
Primary Owner Name and Address
MARCUS JEFFREY A
240 CLARKE AV
PALM BEACH, FL 33480
Additional Owner Detail
Legal Description
Subdivision: PITKIN GREEN Block: 2 Lot: 17
Location
�— Physical Address:
144 MAGNIFICO RD ASPEN
�— Subdivision:
PITKIN GREEN
Land Acres
0.740
Land Sq Ft: 10
—
uuG005
2013 Property Value Summary
Sale Date: 4/7/2009
Sale Price: 9,500,000
Additional Sales Detail
Basic Building Characteristics
Number of Residential Buildings:
Actual Value
Assessed Value
Land:
5,750,000
457,700
Improvements :
4,7 5 2 , 600
3 7 8, 310
Total:
10,56001
— 836,010
Sale Date: 4/7/2009
Sale Price: 9,500,000
Additional Sales Detail
Basic Building Characteristics
Number of Residential Buildings:
I
Number of Comm/Ind Buildings:
OF
JJ6006
Residential Building Occurrence 0 Characteristics
GARDEN LEVEL BSMT:
13,525
FIRST FLOOR: 112,911
FINISHED GARAGE HEATED:
742
WOOD DECK:
618
2ND FLOOR:
452
Total Heated Area:
6,888
Property Class:
SINGLE FAM RES-
IMPROVEMEN
Actual Year Built: I
2008
Effective Year Built:
2008
Bedroorns:
15
Baths: 116.5
Quality of Construction:
EXCEL T13+
�— Exterior Wall:
WOOD SD GO —�
Exterior Wall:
JISTONE VEN
Interior Wall:
DRYWALL
JJ6006
Floor: IICARPET
Floor
WOOD
�— Floor: I
HARD TILE
Heat Type:
RAD WATER
Heating Fuel:
GAS
Roof Cover
SLATE
Roof Structure:
GABLE/HIP
�— Neighborhood:
RED MTN - LOWER
Super Nbad:
RED MOUNTAIN
Top of Page
Assessor Database Search Options
Pitkin County Home Paae
The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good
Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein
contained.
Copyright O 2003 - 2013 Good Turns Software. All Rights Reserved.
Database & Web Design by Good Turns Software.
Wildfire Mitigation Assessment
144 and 186 Magnifico Road, Aspen Colorado
June 7, 2013
PROVIDED BY:
Jason Jones
Consulting Arborist #RM -07348
Aspen Tree Service Inc.
Carbondale, CO 81623
(970) 963 -3070
mtnjones@gmaii.com
0 UU000
Sununary
There are two properties located at 144 and 166 Magnifico Road in Aspen Colorado that have been
assessed for wildfire risks. Both sites have numerous trees and shrubs in dense groupings. There is also
a significant stand of large Narrowleaf Cottonwood trees on the steep hillslope below both houses.
Upon review of the site, trees and the most recent Pitkin County defensible space recommendations, it
has been determined that numerous trees should be thinned and removed to reduce wildfire risks of
both homes.
Observations
Site Description
The two properties sit on the top of a steep hillslope between Magnifico Road and Willoughby Way in
Aspen. There Is a wide range of native vegetation on the slope with primary species consisting of Oak
(Quercus gambeiii) Serviceberry (Amelanchier ainfolia and Narrowleaf cottonwood (Populus
angustifolia). The cottonwood trees are very large and are in generally very poor condition. The steep
hillslope factor can significantly increase fire risk and generally dense tree canopies on a slope of over
30% can greatly increase fire danger. Slope affects fire behavior characteristics and the ability of
firefighters to suppress a fire. Fire typically burns faster up steeper slopes due to the arrangement of
fuels in relation to the flaming front and pre- heating of fuels by fire below. Steep slopes and difficult
terrain affect the ability to safely combat afire. Due to the slope factors, defensible space
recommendations for these sites have been deviated from the general to accommodate slope related
factors.
General Reccotnendations
1. For a distance of 15 feet around the proposed house areas should be of primarily noncombustible
hardscape surfaces, low growing perennials, flowerbeds, cut grass and deciduous well trimmed and
irrigated plants. Wood vegetation should not be placed within this area. If it is desired to retain
trees around the house, this may be done if the 15 -foot area is extended outward from the furthest
growth expected from the mature tree(s). In other words, these trees should have their own
defensible spacing.
2. Beyond the 15 foot area and up to 100 feet or to the property line where less than 100 feet natural
and /or irrigated grass should be maintained at less than 6 inches and existing trees and brush should
be thinned into individual clumps or clusters. Limbs of trees in this area should be pruned a
minimum of 4 feet. No tree or shrub should exist that when mature will be tail enough to act as
ladder fuel around the trees in the area between the 15 and 45 foot perimeter. Clusters of bushes
or shrubs should be separated from each other and from those beyond the 45 —foot area by a
distance of 2 Y, times the height of the mature vegetation. An example: If the expected mature
height of the vegetation is 10 feet then the diameter of the cluster should be greater than 25 feet
and the distance between clusters should be greater than 25 feet. Ideally the plant material
growing between clusters of bushes and shrubs is grass maintained at 6 inches or less.
vuU009
Site Specific Reicomendations
144 Magnifico- In the area up to 15 feet surrounding the house, 5 cottonwoods that have previously
been topped should be removed. These trees are in very poor condition with large amounts of
deadwood within the crown. The remaining low growing plantings in this area could remain as they are
primarily small- irrigated ornamentals.
In the area up to 30 feet of the house, remove approximately 30% of the oak and serviceberry trees to
space remaining plants 15 -20 apart.
In the area up to 100 feet of the house remove approximately 50% of the 24 cottonwoods ranging in
size from 4 " -12" in diameter.
Raise low limbs on all remaining trees to a height of 4 -6 feet and remove all dead material over 2 inches
in diameter from all trees.
186 Magnifico- This property has dense oak stands very close to and in some instances touching the
house. These trees should be thinned heavily with 80% -100% of plants removed in this location.
In the area extending from 15 to 45 feet from the house 40 % of the oak and serviceberry should be
removed and remaining clumps should be spaced 10-15 feet apart.
Removal of the majority of the 68 cottonwood stems should be removed as the trees are generally in
decline, have large decay pockets and could not be successfully limbed up to an adequate height as the
extreme slope remains close to the trees upper canopies on the uphill sides. Several of the healthiest
tree stems on the lower end of the slope could remain if spaced 20 ft.-30 ft. apart.
Summary
Due to the steep slope topography and high density of plant material on the two sites, I have
recommended significant thinning of numerous trees and understory brush. Due to the fact that the
stand of mature cottonwood trees that straddles both lots is in relatively poor condition as a whole and
trees are so dense in the group, heavy thinning would reduce fire risks significantly to the site. All
recommendations are conducive with those provided by Pitkin County in their Creating Defensible Space
Guidelines and tree removal should be allowed by the County without special permitting or mitigation
requirements as a result.
UUUOi0
144 Magnifico Road `jJ1111k '
Defensible Space Plan +
Remove 30 °0
serviceber,y. lint b trees 00 t.
minimum.. Space dtu,.,��5
1
k
i
a
I
N
a
•r
►18rE _Magn lico
*4 r. Mitigation PI
iF
4
Remove 80 Oo
largest and i
cottonwood
kest
1
Thin oak and
set vicebetryby 30 °o
and space 10 -15 ft.
apart
IINY-
P
e
1
t / I
J
Remove 80 0o of oak
eliminate contact with
house. space Clumps that
r
Sff ��S5
�?si
M
iftiMI
o
S
w
m
e
F C
a
Z
_.Bow
u6, mc
{
w
n �
r4
O
Rs
9F
�f
;x0013
_a3R�;pN D
4 n
a
�€I1 h o
IofR�
I
N \
\Z\
88A, � A v
\
Gi O m
X�3
z V
C 0 C
/Y as 0 G
o G m
rm-
s
�pa Au 3AA.s5�q P'q D E
L'dW
j�
P
2
F
m
O
F C
�6c
$0
:8 m
GI
1
O
4a
is
sa
,A
Y�
'a
ouU3014
��yp�yp
Y94
B¢�¢
.o$ o
¢F¢
d� PAA
N �\
N \
\H\
\ i\
\A
\
3
\ i e m m
W
C O C
a Tq G
�Nm
/
33 _yp33 °s ^� °s itytyty`9q pp0'p, gpg @6
djE.imeEi£iF3 2�g °3i�� Y $2 $Y o ® m
a 3533g�ss5s p; r� ppaQ���3iEi��S � i m �' C -gAg�3 D ""¢
5x Gg § Je8s'aag�99 g
:'fig= y "a "a {; aS " °[3 e Y s Y3 Hx
°B° 88 H 3Y 'a aa3C s7� 9 x
�ag;�o�f �Y z £6
� a
� 4£
60
Pitkin County and Wildfire Mitigation
CREATING "DEFENSIBLE SPACE" = BRUSH MANAGEMENT
Defensible Space is the landscape between your house and the potential fuel source (dense stands of
native or naturalized vegetation) it is your responsibility as a homeowner to maintain defensible space
and to reduce fire risk. The County's Land Use Code regulates Defensible Space and creates three
Defensible Space Zones with different requirements, for a total of 100 feet (but not to extend beyond
the property line) from the structure.
ZONE 1: Defensible Space -Zone i typically extends 10 feet out from any structure toward the
natural vegetation on the property.
• Brush, debris and non - ornamental vegetation shall be removed.
• This 30 perimeter around the structure can have native grasses, which should be continuously
cut to less than 6 inches in height.
• This 10 foot perimeter can be lightly irrigated to maintain succulent growth.
• Roof and rain gutters of any structure must be free of leaves, needles, or other dead vegetative
growth.
• Irrigation from Zone 1 can extend Into Zone 2 but must not run onto Zone 3 as it encourages
growth of flammable vegetation.
• if trees are left within this 10 foot area . All branches that extend over the roof eaves shall be
trimmed AND all branches within fifteen (15) feet of chimneys shall be removed AND all trees
adjacent to or near any building must be free of dead wood.
• No new conifer trees shall be planted within ten (10) feet of a residence.
• No flammable mulches shall be placed within 10 feet of a residence.
ZONE 2: Brush Management Zone 2 extends from 10 feet to 30 feet around the structure
• Shall consist primarily of low- growing plant material, with the exception of trees. Plants shall be
' low -fuel and fire - resistive.
• Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a
minimum of a thirty (30) foot perimeter around a structure. (For greater slopes, reference the
CSFS Safety Zone chart in Wildfire Guidelines for Rural Homeowners, which provides general
guidelines that may be modified by a wildfire expert acceptable to the County).
• Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a
minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be
equal to the height of the fuel. All measurements shall be from the edges of the crowns of the
fuel.
• All branches from trees and brush within the thirty (30) foot perimeter shall be pruned (up from
ground level) to a height of ten (10) feet above the ground with removal of ladder fuels from
around trees and brush.
• Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10)
feet between the edges of the crowns, except for mature stands of aspen trees where ladder
fuels have been removed. In areas of aspen regeneration, understory shrubs and down and
dead materials shall be removed.
ZONE 3: Brush Management Zone 3 extends from 30 feet to 100 feet around the structure and is
usually comprised of native and /or naturalized vegetation.
• All deadfall up to a one hundred (100) foot perimeter shall be removed.
• Should have no permanent Irrigation.
• The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced
where natural reduction has not already occurred.
1000'015
Must be thinned and pruned on a seasonal basis to reduce the fuel -load of vegetation greater
than 24 Inches in height without harming native plants, soil or habitats, as described on the
reverse side of this Bulletin.
• All requirements within Zone 2 can be extended into Zone 3.
Other suggestions to improve your Home's Survivability in the Event of a Wildfire
• Do not use the area under decks for storage
• Store firewood at least 15' away from the house and decks
• Plan and rehearse an escape plan
• Ensure your address is clearly marked and visible from the street
• t andsrape with fire resistive plants.
HOW TO MANAGE YOUR 100 FOOT PERIMETER
ALL ZONES:
Step 1: Remove as much dead wood /vegetation along with ANY WEED species as you can within all the
Brush Management Zone areas.
ZONE 1:
Step 1: Remove as much vegetation as possible — ornamental plantings can remain— trees and /or
ornamental plantings left within the 10 foot perimeter can be irrigated and kept moist.
Step 2: Mow all grasses to less than 6 inches in height.
ZONES-2 and-3-
Steo 1: Thin.... the entire Zone 2 and 3 areas Start by cutting down 50% of the plants over 2 feet in
height to a height of 6 inches Don't go any lower than 6 inches so the roots remain to control soil
erosion. The goal is to create a "mosaic" or more natural look, as shown below, so do your cutting in a
"staggered" pattern. A good rule of thumb is to leave uncut brush in groupings up to 400 square feet —
that's a 20x20 -foot area, or an area that can be encircled by an BO -Foot rope — separated by groupings
of plants cut down to b inches. All clumps should then be cut and shaped into "umbrellas." This means
pruning one half or up to 10 feet of the luwer branches to create umbrella- shaped canopies. This allows
you to see and deal with what is growing underneath. Upper branches may then be shortened to reduce
fuel load as long as the canopy is left intact. This keeps the plant healthy, and the shade from the plant
canopy reduces weed and plant growth underneath. Non -woody vegetation that is under 4 feet in
height, like sage scrub. can he rut hack to within 12 inches of the root crown.
Step 2: Dispose.... of the cuttings and dead wood by either hauling it to a landfill; or, by
chipping /mulching it on -site and spreading it out in the Zone 2 and 3 areas to a depth of not more than
5 inches.
Step 3: Thin & Prune annually.... because plants will grow back.
NOTE: Normal maintenance and treatment of a yard's landscape can be done without any county
approvals. Vegetation within 10' of the home may be removed without county review if necessary to
comply with wildfire risk management.
PLEASE:
DO NOT Clear Cut!
DO NOT TOP TREES!
G�0016
Spacing shall
be 2 times
the height of
the fuel.
All branches from trees
and brush shall be
pruned (up from ground
level) to a height of ten
(10) feet above the
ground.
Keep grasses and
shrubs cut low
between clumps of
trees and shrubs
OJO01.1
Maximum diameter of
the clumps shall be
equal to the height of
the fuel.
4
s
Cut lower vegetation
and grasses to 6
inches.
Before limbing and thinning
After limbing and thinning
More than 100
feet from the
structure and
to the property
line. Leave
area native and
natural. Zone 2 -10 feet to 30 feet around the structure.
Vegetation shall be reduced to break up the vertical
and horizontal continuity of the fuels. Spacing between
clumps of brush and vegetation up to the thirty (30)
foot perimeter shall be a minimum of two (2) times the
height of the fuel.
Zone 3 — 30 feet to 100 feet from the structure. All deadfall up to a one
hundred (100) foot perimeter shall be removed. All requirements
within Zone 2 can be extended into Zone 3.
i
VIE
Cr
Structure
00001 -8
0
o
C
�
a
�a�v
n4
r-
r
K
� U
O
�
U
I
LL� �
r
, 1
/
J /
/ , I
, J
/
J J,
J f
/
/
/
\ ♦ LL
� � J
rl t 1 V
' ♦ I
O
f J
i
I
11
/ 1
I !
! J
^, J
� t ,
J J I
1
I f f l
l f
1 / w
/
J LL
JAa - !
1 I
1 1
J I
� I
li
I
I 1
I I /
I ' t
1
J
f
f
,
I/ f
\ \ 1
I
PROFORMA TITLE REPORT
SCHEDULE A
1. Effective Date: April 17, 2014 at 8:00 AM Case No. PCT24038P
2. Policy or Policies to be issued:
Proposed Insured:
PROFORMA
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
JEFFREY A. MARCUS
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
LOT 17,
BLOCK 2,
PITKIN GREEN SUBDIVISION, as shown on the Plat thereof recorded as Document No. 106387 in Ditch
Book 2A at Page 244.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, ASPEN, CO. 81611
970 -925 -1766 Phone /970- 925 -6527 Fax
877- 217 -3158 Toll Free
AUTHORIZED AGENT
Countersigned:
J J0020
SCHEDULE B - SECTION 1
REQUIREMENTS
THIS REPORT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE
INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE
COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND /OR EXCEPTIONS AS
DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE
COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY
FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO
ISSUE ANY POLICIES OF TITLE INSURANCE
OEM
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
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, encroachments, 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be
found to penetrate or intersect the premises hereby granted and right of way for ditches or canals
constructed by the authority of the United States as reserved in United States Patent recorded in Book 55
at Page 24.
8. Terms, conditions, provisions, obligations and all matters as contained in Declaration of Trust for the
Benefit of the Property Owners in the Pitkin Green Subdivision, recorded August 28, 1957 in Book 182 at
Page 220, in Agreement recorded April 14, 1958 in Book 183 at Page 427, in Agreement recorded July
25, 1958 in Book 184 at Page 367, in Amendment recorded January 21, 1969 in Book 239 at Page 116,
in Extension Agreement recorded April 27, 1982 in Book 425 at Page 685, instrument recorded April 28,
1982 in Book 425 at Page 745 and in instrument recorded August 23, 1983 in Book 450 at Page 790 and
Amendment thereto recorded July 15, 2002 as Reception No. 469843.
9. Easement and right of way as granted to The Mountain States Telephone and Telegraph Company in
instrument recorded August 9, 1973 in Book 278 at Page 797.
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 August 14, 1973 in Book 278 at Page 933.
11. Those terms, conditions, provisions, obligations, easement, restrictions, assessments and all matters as
set forth in Protective Covenants for Pitkin Green Subdivision recorded July 16, 1958 in Book 184 at
Page 289 and Amendment thereto recorded April 23, 1992 in Book 675 at Page 408.
12. Easements, rights of way and all matters as disclosed on Plat of subject property recorded in Plat Book
2A at Page 249 and in Plat Book 2A at Page 244.
13. Terms, conditions, provisions and obligations as set forth in Agreement recorded July 8, 1985 in Book
489 at Page 337.
14. Terms, conditions, provisions and obligations as set forth in the Articles of Incorporation for Pitkin Green
recorded July 15, 2002 as Reception No. 469841.
15. Terms, conditions, provisions, obligations and all matters as set forth in the By -Laws of Pitkin Green
recorded July 15, 2002 as Reception No. 469842.
(Continued)
U01U22
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
16. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Pitkin County,
Colorado Board of Adjustment Granting Variance for Lot 17, Block 2 recorded August 12, 2005 as Reception
No. 513513 as Resolution No. 12 -2005.
17. Terms, conditions, provisions and obligations as set forth in Administrative Decision of the Community
Development Director of PitkinCounty, Colorado, approving the 144 Magnifico Road LLC 1041 Hazard
Review recorded August 31, 2005 as Reception No. 514222
18. Easements, rights of way and all matters as disclosed on the 144 Magnifico Road, LLC, 1041 Hazard Review
Site Plan of subject property recorded September 6, 2005 in Plat Book 74 at 98 as Reception No. 514376.
i; ji;023
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, THIRD FLOOR
ASPEN, CO 81611
970 - 925 - 17661970- 925 -6527 FAX
TOLL FREE 877 - 217 -3158
WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE
ARE AS FOLLOWS:
ALPINE BANK -ASPEN
600 E. HOPKINS AVE.
ASPEN, CO. 81611
ABA ROUTING NO. 102103407
FOR CREDIT TO:
PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT
ACCOUNT NO. 2021 012 333
REFERENCE: PCT24038P /PROFO RMA
.'M24
N
N
] ®a
M
T amO
Ln o
T Q�
Ina m
m
a
�U
Cg
�y
�a
a
�a
N
RESOLUTION OF THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING A VARIANCE FOR
LOT 17, BLOCK 2, PITKIN GREEN SUBDIVISION
Resolution No. 12 -2005
WHEREAS, Leonard and Peggy Riggs, owners of 144 Magnifico Road, are requesting a 20 foot
Front yard setback variance for the construction of a single - family residence; and
WHEREAS, 30 feet is required on this .74 acre parcel in the R -30 zone district; and
WHEREAS, the parcel is described as Lot 17, Block 2, Pitkin Green Subdivision; and
WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by
virtue of Title M Section 7- 10.30, Pitkin County Code (Land Use Code) and Colorado Revised
Statutes, 1973, 30- 28- 118(2) (C); and,
WHEREAS, based on the evidence presented, the Board of Adjustment makes the following
findings:
I. Proper notice procedures, including the notification of all adjoining property owners, has been
demonstrated.
2. The required hardship or practical difficulty has been established.
3. Granting such relief will not cause substantial detriment to the public welfare and will not
substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps.
NOW, THEREFORE, BE rf RESOLVED by the Board of Adjustment, that a 20 foot Front Yard
Setback Variance be granted for the construction of a single - family residence as shown on Exhibits
A and B, due to topographic hardships.
WARNING: Any violation of the terms of this resolution may result in rehearing and possible
revocation.
The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of
Colorado.
DATED: August 2, 2005
ATTEST:
The Board of Adjustment of
Pitkin County, Colorado
County Zoning Officer Chairperson
Parcel IDi273501403018
000025
N \
N
M O \
T 00eJ
N N 0 v
M_
sN
LA a ® n1 \
NCO- 6 tail
,
♦ , / / ,' / N rte. � "�`'
" Xx r�
lea
y it .
.L
RIGGS RESIDENCE 1 ij�
:al E
e X26
y
a
0
O�
a
a
2�
I
s t id ID
:o
LL'i; .s
oa
1■
RIGGS RESIDENCE I��€I I Ea pis G
I a 4• �i
Illfll III!! Ili�l III�I I� Illlll 111111 f II IIIII illl IIII 8g 4200 04:34F
SILVIA DAVIS PITKIN COUNTY CO R 0.ee D 0.00
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
PITKIN COUNTY, COLORADO, APPROVING THE 144 MAGNIFICO ROAD LLC 1041
HAZARD REVIEW
Administrative Decision No3>005
RECITALS
I . 144 Magnifico Road LLC ( "Applicant') has applied to the Pitkin County Community Development
Director ( "Director ") for 1041 Hazard Review approval to establish a building envelope within which to
replace the existing single - family residence.
2. The parcel is located at 144 Magnifico Road, and is more specifically described as Lot 17, Block 2,
Pitkin Green Subdivision.
3. The parcel is zoned R -30 and contains approximately +/-.77 acres.
4. The parcel is provided water by the City of Aspen and sewer service by the Aspen Consolidated
Sanitation District,
5. The Applicant provided notice of the application to the adjacent property owners, as required pursuant
to Section 3- 80-050(C)2b of the Land Use Code ( "Code "). No objections were received within 30 days
from the date the notice was postmarked (June 13, 2005).
6. The Director finds that the wildfire hazard within the envelopes can be mitigated, and that the
envelope is located on slopes of less than 30 %, with the exception of a minor anomaly in the
southern portion of the envelope created by the construction of the existing house.
THE DIRECTOR DOES HEREBY APPROVE the 144 Magnifico Road LLC 1041 Hazard
Review, subject to the following conditions, which shall run with the land and be binding on all successors
in interest:
I. Prior to submission of any building permit applications for new development, the Applicant shall
submit a 1041 Hazard Review Site Plan to the Community Development Department for approval and
recording. The mylar copy of the site plan must be signed by the owner prior to submittal for recording.
2. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the
comers of the building and other envelopes and install construction fencing around the perimeter of
the envelopes. The fencing shall remain in place for the duration of the construction.
3. Prior to issuance of any building permits for the new residence, the Applicant shall:
A. Complete a fireplace /woodstove registration form with the Community Development
Department, if necessary.
B. Obtain a County access /driveway permit.
C. Submit a drainage and erosion control plan for review and approval by the County Engineer.
D. Submit a construction management plan for review and approval by the County Engineer
showing the locations of staging, material storage and employee and construction traffic parking.
E. Pay the applicable road and housing impact fees.
b0u020
514222
am i strative Decision Note2005 g aP l a: oar
SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00
4. The Applicant shall comply with the following to mitigate impacts on wildlife:
A. Dogs shall be leashed or kenneled.
B. Fencing outside of the building envelope shall comply with the wildlife fencing standards in the
Land Use Code.
C. Instal I and use an approved bear -proof trash container as required by the County.
D. Maintain native vegetation outside of the building envelope.
E. Avoid fruit - bearing trees and shrubs in any landscaping.
5. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum of a 30 foot perimeter around all structures.
B. Spacing between clumps of brush and vegetation within the 30 foot perimeter shall be a minimum
of two times the height of the fuel. Maximum diameter of the clumps shat I be two times the height
of the fuel. All measurements shall be from the edges of the crowns of the fuel.
C. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet
above the ground and-ladder fuels from around trees and brush shall be removed.
D. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the
edges of the crowns.
E. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the
chimneys shall be removed.
F. Low vegetation (less than 6 inches in height) shall be maintained within a 10 foot perimeter around
al l structures.
G. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation
requirements.
6. The Applicant shall comply with the following additional wildfire mitigation standards:
A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the
International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are
prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the
following:
I ) All roof coverings shall be noncombustible 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 the
roof.
3) All roof designs shall facilitate the natural process of clearing roof debris. 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
slope of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire
Marshal prior to submittal of a building permit application.
B. Vents shall be screened with corrosive resistant wire mesh with mesh ''A inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash, and flammable debris.
u1L)UO2"'1
I II�III I�III I`u� II�III III II�III RI�I II I� IIII I II 514222
Page:
am instratrve Decision NoED-2005 4.341 P i 0 0 00
E. All flammable materials and firewood /wood piles shall be stored on a parallel contour a minimum
of 15 feet away from any structure.
F. Swimming pools or ponds shall be accessible to Fire Department vehicles.
G. Fences shall be kept clear of brush and debris.
H. Wood fences shall not connect to the structure.
1. Fuel tanks shall be installed underground with an approved container.
J. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the
structure with standard defensible space vegetation mitigation around any above -ground tank. Any
wood enclosure around the tank shall be constructed with materials approved for 2 hour fire -
resistive construction on the exterior side of the walls.
K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a
visible and accessible location.
L. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and
installed on a non - combustible post.
M. New utility lines shall be buried within the driveway.
7. No development, including grading, excavation, fill placement, berming, landscaping, vegetation
removal or disturbance or septic system shall occur outside of the approved building, wastewater or
access /landscaping envelopes.
8. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection
District.
9. All areas disturbed by construction shall be revegetated within one growing season of the project's
completion.
10. The Applicant shall adhere to all material representations made in the application and shall consider
those representations to be conditions of approval, unless amended by other conditions.
11. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Laird 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
2008.
APPROVED by the Director, this ltk day of �,A� 2005.
Cindy Houben, Community Development Director
P123 -05
PID# 273501403018
�--u � A3L
�
L I
I L L
1 L I I
is ,
IL
L-f
y.
41
N
CD
CD
CD
UQ
1 T.
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
April 30, 2014
Kary Deavers
PO Box #569
Snowmass, CO 81654
kary(. 10mhs.com
Re: Marcus Activity Envelope
(CASE P041 -14; PID 2735- 014 -03 -018)
Dear Mr. Deavers:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
If you have any questions, please call Lance Clarke, the planner assigned to your case, at 920 -5452.
Sincerely,
Bonnie Wacchtler
Administrative Assistant
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
MEMORANDUM
To: Aspen Fire Protection
Pitkin County Zoning
Pitkin Green Homeowners Association
FROM: Lance Clarke, Community Development Department
Lance. cl arkenpitkincount
Re: Marcus Activity Envelope
(PID 2735- 014 -03 -018; Case P041 -14)
DATE: April 30, 2014
Attached for your review and comments are materials for an application submitted by
Jeffrey A. Marcus. The Pitkin Count}, Community Development Director will review the
application.
Please return your comments to me by Friday, May 16, 2014.
http: / /w�vw aspenpitkin com /Portals /0 /does /county /Com %20Dev /Planning /Land Use AP
plications /P041 14 app.pdf
If you require a paper copy of this application contact Bonnie Shiles at
bonnie.shiles @pitkincounty.com or 920 -5109.
Thank you.
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00035895
Name: 10th Mountain Home Services LL Date:4/25/2014
Project Address: 144 MAGNIFICO RD
Type: check # 8655
Permit Number Fee Description Amount
0041.2014.PLAN PP- Flat Fee 3,120.00
Total 3,120 00