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HomeMy WebLinkAboutpitkin.planning.273707100040 (3)Parcel ID: 2737- 07 -1 -00 -040 Application Date: 1/28/14 Case No: P009 -14 Description: GOVT 33 LLC Extension of Vested Rights Planner: Suzanne Wolff WITHDRAWN # Copies: 4 Allocated Hours: 4 Project Address: 877 SPRUCE ST, ASPEN, CO 81611 % Over Hours: 4.8 Property Owner: GOVT 33 LLC Owner's REP: MITCH HAAS REP's Email: mitch @hlpaspen.com Referrals: ALL OTHER REFERRALS Comments Due Date: 02/21/2014 Meetings: 1st Meeting: Meeting Date: Review Body: Public Hearing? Notice Date: Meeting Notes: Approvals: BOCC Resolution #: BOCC Ordinance #: Admin Determination #: Other Information: VR Approval Date: VR Expires Date: Remarks: 03/12/2014 bocc no Address: 604W MAIN ASPEN, CO 81611 Address: 420E MAIN ST, SUITE 10 -B ASPEN, CO 81611 Other Referrals: North Spruce St HOA 2nd Meeting: 06/11/2014 bocc Plat Recorded Date: Plat (Bk, PG): Application Type: Vested Rights - Extension /Reinstatement P &Z Determination #: HO Determination #: Owner Phone: REP's Phone: (970) 925 -7819 3rd Meeting: 8/18/2014 PitNn County Mail - GOVT 33 CO 1V'f fius..anne Wolff �st3zanne,wolff pitkincounty.Ccm> GOVT 33 Mitch Haas <mitch @hlpaspen.com> Mon, Aug 18, 2014 at 1:05 PM To: Suzanne Wolff <suzanne.wolff @pitkincounty.com> Cc: 'Robert G. Sinclair (rob @rgsarchitecture.com)" <rob @rgsarchitecture.com> Hi Suzanne. I apologize it has taken so long for us to come to this decision, but my client would like to simply withdraw the request for an extension of his vested rights as he has determined that he will simply proceed with his construction under the current building permit. As such, we will not be pursuing the open space subdivision exemption or anything else that had been previously suggested. Please let me know if you need something more formal from me before you can close the file. Best regards, Mitch Mitch Haas Haas Land Planning, LLC 420 East Main Street, Suite 10 -B Aspen, CO 81611 Phone. (970) 925-7819 Email: mitch @hlpaspen.com ARease consider the environment before printing this email Confidentiality note: The above email and any attachments contain information that maybe confidential and /or privileged. The information is for the use of the individual or entity originally intended. If you are not the intended recipient, any disclosure, copying, distri bution or use of this information is prohibited. If this transmission is received in error, please immediately notify the sender and delete this message and its attachments, if any. [Quoted text hidden] 1 &r 1 https: // mail. google. corVmail / ?ui= 2 &ik= e34619bgba&�ie pt& search= inbox& msg= l47ea823a4b5338f &sim1= 147ea823a4b5338f. 1/1 July 11, 2014 Pitkin County Board of County Commissioners 530 E. Main Street Aspen, Colorado RE: Potential Open Space Donations in Relation to the requested Extension of Vested Property Rights for Government 33 LLC (Parcel ID 2737 - 071 -00 -040) Dear Commissioners; The Open Space Board supports the County's acquisition of the Lichtenstein parcels as Pitkin County Open Space provided that all transaction costs are bome by the applicant, including costs associated with changing the boundaries between Smuggler Open Space and the applicants property by subdivision or other means, as well as any costs deemed necessary by the County Attorney regarding the review of title or potential environmental hazards, and the owner creates no new restrictions or reservations on the dedicated property. By endorsing this acquisition, the Open Space Board takes no other position on the related land use application, and defers to the Board of County Commissioners to determine the overall public interest in that matter. Sincerely, Graeme Means, Chair Open Space & Trails Board of Trustees Lichtenstein donation 530 E. Main Street, 3d Floor. Aspen, CO 81611 • Phone: 970- 920 -5232 • Fax: 970 -920 -5198 i d-f (P HAAS LAND PLANNING, LLC July 8, 2014 Pitkin County Open Space & Trails Board c/o Matt Adeletti, Acquisition Manager 530 East Main Street, 3`d Floor Aspen, CO 81611 Via email to: matt.adelettipa pitkincoun .com RE: Potential Open Space Donations in Relation to the requested Extension of Vested Property Rights for Government 33 LLC (Parcel ID 2737- 071 -00 -040) Dear Matt and OST Commissioners: My client, Mr. Warren Lichtenstein, owns three parcels at the top of Spruce Street and above the Silverlode/Wilhams Ranch Subdivision, namely: 777 Spruce Street, Government 33 (at 877 Spruce Street), and Smuggler Parcel C (at 888 Spruce Street). Mr. Lichtenstein has a completed home at 777 Spruce Street and another home under construction on Parcel C. The Gov't 33 lot sits between these two properties and there is an active, approved building permit to develop a third home on Gov't 33. The attached map shows these parcels in relation to the surrounding area and the Smuggler Mountain Open Space boundaries. On behalf of Mr. Lichtenstein, I have been engaged in ongoing negotiations with the Board of County Commissioners (BOCC) for a requested extension of the vested rights associated with the Gov't 33 land use and building permit approvals. As is common practice, the BOCC desires that the applicant provide a significant or worthwhile "public benefit" in exchange for conferring such an extension. We believe that our latest proposal, as outlined below, should more than satisfy this desire. That said, the BOCC has made it clear that they want input and a recommendation from the OST Board on the desirability of the proposed open space donations and the significance of the public benefit the donations would represent. I am scheduled to next reappear before the BOCC on August 13, at which time my client needs a final decision on the proposal and vested rights matter. If the proposal is accepted, then my client need not proceed with development of the currently approved and vested residence. However, if the proposal is not accepted, then my client must immediately proceed with the full development so as to avoid losing his development rights, which cannot be re- attained under current regulations. Given my long -since established travel plans and the need for Community Development Department to have a staff memo for the BOCC by the week of August 4, it is necessary for us to obtain the OST Board's input and recommendation at your meeting of July 10. My client and I respect you and your time as volunteers, and we apologize in advance for the rush. 420 E. MAIN STREET, SUITE 10-B ASPEN, COLORADO • 81611 • PHONE: (970) 925 -7819 MITCH@HLPASPEN.COM Z The Proposal Take the 5,750sgft of Floor Area currently vested on Gov't 33 and move 2,500sgft of it to the residence on Parcel C; leave the 2,500sgft allowed under current TR -2 zoning available for use on Gov't 33, subject to Scenic Review only, to build a garage /storage facility that might also include a water storage tank (buried/inside) to serve fire protection needs of both Parcel C and Gov't 33 (Note: the structure would not be built as a dwelling unit; however, the ability for one to later convert to residential use at the 2,500sgft maximum would be maintained pursuant to whatever codes might be in effect at that time). The new Gov't 33 building will be buried other than exposure of the front/access to the garage doors. Applicant will install appropriate, native landscaping on Gov't 33 at the location immediately across the driveway /road from the garage doors so as to screen them from view, and the exposed portion of the structure will be of a color that will blend with the surroundings. In connection with development of the garage /storage facility, we desire an underground easement extending 25 feet to the east of the Gov't 33 property line (into County Open Space) to accommodate soil nail retention — there would be no affect at or above grade, or on existing vegetation. Furthermore, my client will complete an open space subdivision exemption to separate out the upper portions of 777 Spruce, Gov't 33 and Parcel C for donation to Pitkin County Open Space and Trails as passive use open space to be added to the Smuggler Mountain Open Spaces. This grant should now be able to include a bit more of the Gov't 33 land than shown on the attached map (i.e., someplace below the 8,240 foot contour) since the garage /storage facility development would consume less of the land area than would the currently approved and vested residence. The garage /storage facility, as envisioned and proposed herein, will be virtually invisible from above due to it being buried and the affected hillside being restored and revegetated. The lot lines for the open space parcels will be at least 30 feet from the rear of all existing (on 777 Spruce and Parcel C) and contemplated development (on Gov't 33) so as to assure continued consistency with rear setback requirements and avoid creation of nonconformities. The proposed Open Space Donations will not only add land area (2.6 or so acres, subject to more specific survey work) to the Smuggler Mountain Open Space, but it will also provide a "bridge" between the main portion of the Smuggler Open Space and the disconnected island of the Smuggler Open Space that is the Ballarat/General Jackson and Pride of Aspen parcels. That is, instead of the Smuggler Mountain Open Space being two pieces (a main body and an island surrounded on all sides by private holdings), this set of donations would make it one contiguous open space for access and management purposes. The donations contemplated herein would also provide a perpetual open space border above all potential Spruce Street development. While the acreages may not be huge, the positioning of the lands is important and should be highly desirable. Gopt 33 VB Extension (ParcellD 2737 - 071 -00 -040) 2 WJ • All remaining square footage from the 5,750sgft now vested on Gov't 33 would be "forfeited" amounting to a forfeiture of 750 square feet of floor area. • Development of the addition 2,500sgft on Parcel C and of the cut - and -cover garage /storage facility on Gov't 33 would be immediately undertaken and completed in as expeditious a manner as practicable (all through change orders to the existing building permits). Restoration and revegetation on top of the finished garage /storage facility would be completed as soon as practicable and in consultation with OST staff. • The existing vested rights and building permit on Gov't 33 will be forfeited in exchange for the above - described agreement. • Finally, Mr. Lichtenstein will still complete the up to $106,000 worth of previously proposed Spruce Street repairs /improvements upon completion of construction on Parcel C and Gov't 33. It is sincerely hoped that the foregoing, with the help of the accompanying map, is clearly described and explained. It is further hoped that the OST Board will see the value of acquiring these parcels, especially in light of the strategic location of the Gov't 33 land for access, management and the definition of a perpetual open space border above all potential Spruce Street development. If I can be of further assistance in any way, or if you should have any questions, please do not hesitate to contact me. I can be reached at the phone number provided, or by email at mitch(ar hlpaspen.com. Yours truly, Haas Land Planning, LLC Mitch Haas Owner /Manager Attachments: • Conceptual Map of Potential Open Space Donation Parcels • Existing Smuggler Mountain Open Space Boundaries Map Govt 33 VR Extension (ParceQD 2737 -071 -00 -040) 3 I/ Conceptual Map of Potential Open Space Donation Parcels (Larger copy provided separately) Govt 33 VAExtemion (Pareel7D 2737 -071 -00 -040) 4 S Existing Smuggler Mountain Open Space Boundaries Map Govt 33 VR Extension (PawllD 2737 - 071 -00 -040) y 0 0 gsY �' F %4p �iii3 S �ryk fit lit P i�$..i S � Epq rt c { y °e o n h y O U j„y„yvv,,a l 'u Z, yq G Q. LT U Existing Smuggler Mountain Open Space Boundaries Map Govt 33 VR Extension (PawllD 2737 - 071 -00 -040) y 0 MEMORANDUM TO: Board of County Commissioners Regular Me�etinnLiJJune`\11, 2014 THRU: Cindy HotYbe'>i Commu ity Development Director FROM: Suzanne Wolff, Senior Planner RE: GOVT 33 LLC Extension of Vested Rights SUMMARY: Pursuant to Section 2 -20 -170, the Applicant is seeking a three year (or longer) extension of the vested right to construct a single family residence. The Applicant has constructed residences on two adjacent parcels over the last seven years, and asserts that the extension would give the neighbors a reprieve from more construction. Staff recommended denial of the request. As noted at the March 12 meeting, the Applicant submitted a complete building permit on March 27, 2012, prior to the expiration of the vested rights. The building permit was issued on March 27, 2013, and was due to expire on March 27, 2014. The Applicant obtained a building inspection on March 12, therefore, the permit is active for 180 days from that date. The BOCC continued the hearing on March 12, 2014 (minutes attached). The Applicant submitted an amended proposal on June 2, 2014 (attached) that is discussed below. A letter submitted by neighbor Peter Fornell after the March 12 hearing is also attached. APPLICANT: GOVT 33 LLC REPRESENTATIVE: Mitch Haas LOCATION: 877 Spruce Street ZONING/LOT SIZE: The parcel contains 1.581 acres and is nonconforming in size in the TR -2 zone district. STAFF COMMENTS: UPDATED PROPOSAL: The Applicant has met with Open Space and Trails staff to discuss pursuing an open space subdivision exemption, in order to divide off the upper portions of the three parcels owned by the Applicant at the top of Spruce Street and convey those lands to the County for open space purposes. The properties are all adjacent to the Smuggler Mountain Open Space. Open Space staff is amenable to the proposal, and will be available at the meeting to respond to questions. The proposal has been forwarded to the neighbors for their review. If the BOCC is interested in the Applicant's proposal, then the Applicant is requesting that the BOCC give him two months to pursue the subdivision exemption. While the subdivision exemption would not be completed within two months (due to noticing requirements, etc.), mid - August would be the latest opportunity for the Applicant to re -start work to keep the permit alive, if necessary. Therefore, in August, the BOCC would either (1) deny the extension of vested rights (and the Applicant would act on of t0 the building permit); (2) approve the extension of vested rights, subject to final approval of the subdivision exemption, or (3) continue the extension of vested rights for final approval concurrent with approval of the subdivision exemption. RECOMMENDATION: If the BOCC is interested in the Applicant's proposal, staff recommends that the BOCC continue the request for an extension of vested rights to August 13, 2014. If the BOCC is not interested in the Applicant's proposal, staff recommends that the BOCC adopt a "motion to deny the GOVT 33 LLC Extension of Vested Rights, subject to the attached Resolution." Attachments A. 3/12/14 BOCC Minutes B. 6/2/14 Proposal from Applicant C. Peter Fornell letter Q RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING THE GOVT 33 LLC EXTENSION OF VESTED REAL PROPERTY RIGHTS Resolution No. -2014 RECITALS 1. GOVT 33 LLC ( "Applicant ") has applied to the Pitkin County Board of County Commissioners ('BOCC ") to request a three year (or more) extension of the vested rights to construct a single family residence on the property. The Applicant requests that the extension allow for the development to continue to be governed by the Land Use Code ( "Code ") that was in effect at the time of the original approval (the 2000 Code). 2. The property is located at 877 Spruce Street, and is more specifically described in Exhibit A. 3. The property contains 1.581 acres and is nonconforming in the TR -2 zone district. 4. The Hearing Officer denied a request for 1041 Hazard Review and Conceptual Submission approval, pursuant to Determination No. 25 -2004, based on the finding that the entire parcel is encumbered by slopes in excess of 30 %, where development was prohibited by the Code. The BOCC then determined that the denial constituted a taking, and remediated the taking by granting approval for development of a single family residence, pursuant to Resolution No. 006 -2005. 5. The BOCC subsequently extended the vested rights for seven years until April 13, 2012, pursuant to Resolution No. 044 -2005. A seven year extension was found to be appropriate, given the Applicant's commitment to limit the house size to 5,750 square feet. The 1041 Hazard Review Site Plan is recorded in Plat Book 73 at Page 73. 6. The Hearing Officer granted Scenic Overlay Review approval for a driveway to serve the GOVT 33 LLC parcel and the adjacent Smuggler C LLC parcel (888 Spruce Street), pursuant to Determination No. 15 -2004. The owner subsequently obtained an access permit and constructed the driveway. 7. The Hearing Officer granted Scenic View Protection Review approval for the residence, pursuant to Determination No. 2 -2012. The Board of Adjustment granted variances to the front and side yard setbacks, pursuant to Resolution No. 03 -2012. 8. The Applicant submitted a complete building permit on March 27, 2012, prior to the expiration of the vested rights. The building permit was issued on March 27, 2013, and will expire on March 27, 2014 unless a building inspection is obtained prior to that date in order to keep the permit active. 9. The BOCC considered the application at regular meetings on March 12 and June 11, 2014, at which times evidence and testimony were presented with respect to this application. Resolution No. -2014 Page 2 10. The BOCC finds that the Applicant has had nine years to proceed with the development approved in 2005. During that time the property was rezoned from AR -10 to TR -1, which limits the intensity and scale of development to small sized buildings and structures. 11. The BOCC finds that the needs of the County would not be served by granting an extension of vested rights that would allow for the development to continue to be governed by the Code that was in effect at the time of the original approval (the 2000 Code), as requested by the Applicant, and that the needs of the County would only be served by an extension of the vested rights, if the Applicant was required to comply with the current TR -1 zoning of the property. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby deny the GOVT 33 LLC Extension of Vested Rights. DENIED on the I I 1 day of June, 2014. ATTEST: Jeanette Jones, Deputy Clerk and Recorder APPROVED AS TO FORM: John Ely, County Attorney Case #P009 -14 PID 273707100040 Ll BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Robert A. Itmer, Jr., Chair Date: APPROVED AS TO CONTENT: ndy Houben, Community Development Director The Board of County Commissioners shall be notified by their staff at the next scheduled Work Session or Regular Meeting of any violations that staff finds of these terms and conditions. N E: Commissioner Richards informed the applicant that the owner of this business has stantial investments already here and that he could lose the ability to operate the bus ss in the way it was intended if these stipulations and conditions are not lived up to. Commissioner wman seconded the motion. Motion passed 4 to 0 with Commissioners Itt r, Richards, Owsley and Newman voting aye and Commissioner Child not present. Reading and Public Hearva of Resolution No. 032 -2014 - Grantina Approval fol the Burkholder Investment TDNerizon Wireless Special Review for Building Mounted Cellular Tele hone Aittennae — MOTION TO APPROVE Staff: Mike Kraemer, Planner Applicant: Burkholder Investments L Nerizon Wireless Representative: Brad Johnson, Consult t for Verizon Wireless Action: Commissioner Newman moved to prove the Resolution Granting Approval for the Burkholder Investments LTDNerizon ireless Special Review for Building Mounted Cellular Telephone Antennae. Corn ' sioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioners Ittner, ichards, Owsley and Newman voting aye and Commissioner Child not present. LAND USE ACTIONS: F ding of Resolution Denying the perty Rights — MOTION TO CON ff: Suzanne Wolff, Senior Planner licant: GOVT 33 LLC Representative: Mitch Haas First Action: Commissioner Owsley moved to approve the Extension of Vested Real Property Rights for GOVT 33, LLC for three years (with the contribution of $106,000.00 towards the Spruce Street improvements). Commissioner Richards seconded the motion. Motion FAILED 2 -2 with Commissioners Richards and Ittner voting aye and Commissioners Owsley and Newman voting nay and Commissioner Child not present. Second Action: Commissioner Ittner moved to continue the Reading of Resolution Denying the GOVT 33 LLC Extension of Vested Real Property Rights for one year. MOTION FAILED FOR LACK OF A SECOND. Third Action: Commissioner Ittner moved to continue the Reading of Resolution Denying the GOVT 33 LLC to April 9, 2014. MOTION FAILED FOR LACK OF A SECOND. BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING MARCH 12, 2014 Fourth Action: Commissioner Richards moved to continue the Reading of Resolution Denying the GOVT 33, LLC to May 14, 2014. Commissioner Ittner seconded the motion. Motion passed 4 to 0 with Commissioners Ittner, Richards, Owsley and Newman voting aye and Commissioner Child not present. There was ADJOURNMENT: Discussion held today. Action: Commissioner Newm'dl Commissioner Richards second Commissioners Ittner, Richards, Child not present. BOARD OF COUNTY COMMISSIONERS Lo the Regular Meeting at 3:45 PM. n. Motion passed 4 to 0 with Newman voting aye and Commissioner REGULAR MEETING MARCH 12, 2014 Suzanne Wolff From: Mitch Haas Sent: Monday, June 02, 2014 4:26 PM To: Suzanne Wolff; Gary Tennenbaum (gary.tennenbaum @pitkincounty.com); Matt Adeletti; Dale Will Cc: Shaun Kennedy; Robert G. Sinclair (rob @rgsarchitecture.com); Warren Lichtenstein Subject: Gov't Lot 33 "Proposal" Relative to Vested Rights Extension Attachments: OS Donation Map- 11x17.pdf; Untitled attachment 00238.htm Dear Suzanne, Gary, Matt and Dale Please consider this email as an update to our proposal and request for an extension of the vested rights associated with Gov't Lot 33. As a follow -up to our conversations and site visit, I've spoken with my client, Warren Lichtenstein, and he is glad to pursue asking the BOCC for our Gov't Lot 33 vested rights extension (we're asking for a permanent vested right) in exchange for completing a subdivision exemption that would create three new open space parcels, in essence to enable our separating out all lands above his building envelopes on each of his three parcels for an unrestricted and permanent donation of these lands to Pitkin County OST for passive uses. To be clear, Warren has agreed to donate the lands for the vested rights with no other conditions or restrictions on how OST might use and manage the lands in the future provided such use and management is always carried out in accordance with OST's typical philosophy, rules, vision and management practices for passive use lands. In other words, these parcels would be treated no differently than would any other passive use OST parcel. The county would receive the open space land donations on a permanent basis and without restrictions, and Warren would preserve his existing development right permanently and subject only to the restrictions that are outlined in his previous approvals (Activity Envelope, Scenic Review, and Board of Adjustment) as well as any additional restrictions that might be duly adopted by the County as rules of general applicability. I envision going back to the BOCC on June 1 I to ask that they "bless" the concept and grant us a 2 -month stay on the vested rights associated with the active building permit to demonstrate that we are diligently pursuing the open space subdivision and donation. At the end of the two months, we would check back in with the BOCC to show that the Open Space and Trails Board supports the donations and that we are diligently pursuing the subdivision exemption to make it happen. Assuming the OST Board is supportive, at the time of the two month check -in with the BOCC, they would grant another stay on the building permit expiration to allow us time to complete the subdivision exemption process or, better yet, they would formally agree that simultaneous with final approval, plat recordation for the subdivision and completion of the donation of the lands to PitCo OST, we would start a new and permanent vested rights period. If, on the other hand, we learn during those 2 months that the OST Board is not supportive for whatever reason, and the BOCC no longer wants to pursue the open space donation, then the BOCC could simply deny the vested rights extension and we'd be forced to immediately act on the building permit and pursue completion of the approved development. Anything longer than this 2 -month timeframe would leave us at risk of losing the necessary amount of time to complete the next phase of construction before the ground freezes, thereby jeopardizing our active building permit and associated rights. Basically, we cannot afford to drag the process and any uncertainty out past the middle of August. That about outlines the basics of the plan/deal as I see it. Of course, we'd want you (Gary, Matt or Dale) at the BOCC on June I 1 to explain the "public benefit" and, hopefully, your desire for the BOCC to accept this deal — or at least a memo from you to this effect. I think it would also be prudent for Gary, Matt or Dale, as a PitCo 1 OST representative, to explain to the BOCC why you'd prefer the land donation to a conservation easement as I suspect they'd ask this question. Finally, I also suspect the BOCC would ask why the land donation provides an important public benefit given that the land areas to be donated are above /outside of the approved activity envelopes and cannot be developed anyway. I could provide responses to these questions, but I am certain the responses would carry a good deal more weight coming from you guys than they would coming from me. Lastly, I worked with Bridgette at the GIS Department to put together the attached map. Please have a look at it and let me know if you feel it conveys the concept well enough in relation to all of your other /surrounding open space parcels. If you think I should be showing something additional or differently, by all means, please let me know. The land areas shown are estimates and would be made more precise with surveying work to be done in association with a subdivision application. On all three parcels, I will build in adequate setbacks from the back of the developed area to the open space donation parcel. On Gov't 33, I'll need the subdivision to incorporate some rear yard setback variance provision to accommodate development in the envelope and also to accommodate the soil nails that would eventually extend into the open space donation parcel/hillside above (but underground). Otherwise, I could slide that boundary line 25 or so feet (horizontally) further up the hillside to provide the needed setback and soil nailing capability. If all this setback stuff seems too complicated, I could — as an alternative — simply ask as part of the subdivision process that the top of the donated open space pieces still be considered the rear yard/rear property line for each of 777, Gov't 33 and Smuggler C with respect to each's setback requirements. Please get back to me at your earliest convenience with any thoughts. Many thanks! Best regards, Mitch Mitch Haas Haas Land Planning, LLC 420 East Main Street, Suite 10 -B Aspen, CO 81611 Phone: (970) 925 -7819 Email: mitch @hlpaspen.com `Aj Please consider the environment before printing this email is 9 o K'\ C�T e Ova, v s cam\/ -e���G �Y / MEMORANDUM TO: Board of County Commissioners Regular Meeting ,— rMarch 12, 2014 THRU: Cindy Houbeil C,O mummy Development Director FROM: Suzanne Wolff, Senior Planner RE: GOVT 33 LLC Extension of Vested Rights SUMMARY: Pursuant to Section 2 -20 -170, the Applicant is seeking a three year (or longer) extension of the vested right to construct a single family residence. The Applicant has constructed residences on two adjacent parcels over the last seven years, and asserts that the extension would give the neighbors a reprieve from more construction. APPLICANT: GOVT 33 LLC REPRESENTATIVE: Mitch Haas LOCATION: 877 Spruce Street ZONING/LOT SIZE: The parcel contains 1.581 acres and is nonconforming in size in the TR -2 zone district. BACKGROUND: The Hearing Officer denied a request for 1041 Hazard Review and Conceptual Submission approval, pursuant to Determination No. 25 -2004, based on the finding that the entire parcel is encumbered by slopes in excess of 30 %, where development was prohibited by the Code. The BOCC then determined that the denial constituted a taking, and remediated the taking by granting approval for development of a single family residence, pursuant to Resolution No. 006 -2005. The BOCC subsequently extended the vested rights for seven years until April 13, 2012, pursuant to Resolution No. 044 -2005. A seven year extension was found to be appropriate, given the Applicant's commitment to limit the house size to 5,750 square feet. The 1041 Hazard Review Site Plan is recorded in Plat Book 73 at Page 73. The Hearing Officer granted Scenic Overlay Review approval for a driveway to serve the GOVT 33 LLC parcel and the adjacent Smuggler C LLC parcel (888 Spruce Street), pursuant to Determination No. 15- 2004. The owner subsequently obtained an access permit and constructed the driveway. The Hearing Officer granted Scenic View Protection Review approval for the residence, pursuant to Determination No. 2 -2012. The Board of Adjustment granted variances to the front and side yard setbacks, pursuant to Resolution No. 03 -2012. The Applicant submitted a complete building permit on March 27, 2012, prior to the expiration of the vested rights. The building permit was issued on March 27, 2013, and will expire on March 27, 2014 unless a building inspection is obtained prior to that date in order to keep the permit active. 000001 0-� q The Applicant submitted a request for a one year extension of vested rights in 2012, due to concerns that the Scenic Review and Board of Adjustment review might not be completed prior to April 13, when the vested rights would expire. By the time the request went to the BOCC on April 11, 2012, those approvals had been obtained. The BOCC denied the extension, pursuant to Resolution No. 046 -2012. REFERRAL COMMENTS: The application was referred to the North Spruce Street Homeowners Association, but staff has been informed that the HOA is inactive. Neighbors Yvonne and Bill McCallum, Georgie and Austin Gleason, and Arnold Porath submitted comments (attached). STAFF COMMENTS: VESTED RIGHTS EXTENSION: The Applicant is requesting a three year (or more) extension for construction of the single family residence. The Applicant requests that the extension allow for the development to continue to be governed by the Land Use Code that was in effect at the time of the original approval (the 2000 Land Use Code). The property was rezoned from AR -10 to TR -2 in 2005 (after the original approval was granted). The Applicant states, "adherence to the TR -2 limitations would prohibit the Applicant from pursuing development of the plans already /currently approved and in process." The BOCC shall consider the following criteria in reviewing a request for an extension of vested property rights: The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights. Response: The Applicant obtained Scenic View Protection Review approval for the residence, as required by Condition #3 of BOCC Resolution No. 006 -2005. Other conditions of approval were met in conjunction with submission of a building permit application. The progress made in pursuing the project to date, including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project. Response: The Applicant obtained a permit and constructed the driveway that serves the property, and utilities have been stubbed in to the lot. The Applicant obtained the necessary variances and submitted a complete building permit application in March of 2012. The permit was approved and issued in March of 2013. As noted above, the permit will expire on March 27, 2014 unless a building inspection is obtained prior to that date in order to keep the permit active. 3. The nature and extent of any benefits already received by the County as a result of project approval, such as impact fees or land dedications. Response: The Applicant states that the house size was limited to 5,750 square feet (when 15,000 square feet would have been allowed), and that the neighboring properties have been insured to address potential off -site impacts during construction. The Applicant intended to construct this residence concurrent with the residence at 888 Spruce Street, but that plan did not work out and the residence at 888 Spruce Street is scheduled for completion this summer. U- U' If the extension is approved, the Applicant has offered to pay $100,000 towards improvements to Spruce Street (a private road). The specific improvements and cost estimates are detailed in Exhibit 5 of the application. The Applicant commits to commence the improvements on or before August 31, 2014, and to complete the improvements within a single construction season after commencement of work. As noted above, several neighbors have provided comments: • Yvonne and Bill McCallum support the extension of vested rights, with a condition of approval including the payment of $100,000 for improvements to Spruce Street. They request that the improvements be completed by the end of the 2014 building season or no later than June 30, 2015. They further support a longer extension "up to and including a permanent attachment of existing rights." • Georgie and Austin Gleason are concerned with the ongoing construction and state that they are "not sure that extending his vested rights is in the best interest of the neighborhoods that are around us or our immediate neighbors." • Arnold Porath questions if the offer of $100,000 is sufficient to address the damage caused to the road by Mr. Lichtenstein's construction on the two parcels adjacent to the GOVT 33 LLC parcel. He states, "I cannot rely on the representations made by Mr. Lichtenstein through Haas Land Planners and unless a more detailed and secured commitment is forthcoming I find that it is impossible to agree to an extension of vested rights for Lot 33. 4. The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. Response: The Applicant has asserted that the extension will serve the needs of the neighbors by providing a reprieve from construction and will further benefit the neighbors through the commitment to pay $100,000 for improvements to Spruce Street. The property was rezoned in 2005 to TR -1. The purpose of the TR -1 zone district "is to allow residential use that minimizes impacts of construction, servicing and occupation of the residences; to decrease employment generation that would occur with more intense development; to otherwise limit the demand for public services; and preserve the character of lands in this zone district. The zone district seeks to limit the intensity and scale of development to small sized buildings and structures, as a transition from high density and intensity within the Aspen Urban Growth Boundary (UGB) to the Rural and Remote (RR) area where zoning reflects a low intensity of use." The maximum floor area in the TR -I zone district is 1,000 square feet. Given the inconsistency of the approved development with the current zoning, staff cannot support the request to extend the vested rights under the Code that was in effect before the rezoning. The Applicant has extended the development to the greatest length possible — submitting a building permit application just before the vested rights expired (7 years after the approval was granted); obtaining the building permit at the end of the one year timeframe for issuance of the permit; and delaying construction until the end of the one year timeframe before the permit expires. This has given the Applicant a 9 year period within which to take advantage of the approval granted in 2004. It is staff's position that the needs of the County would only be served by an extension of the vested rights, if the Applicant was required to comply with the current Code /zoning of the property. RECOMMENDATION: Staff recommends that the BOCC adopt a "motion to deny the GOVT 33 LLC Extension of Vested Rights, subject to the attached Resolution." lJ'v Attachments A. Yvonne and Bill McCallum B. Georgie and Austin Gleason C. Arnold Porath Application provided separately uuuu64 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING THE GOVT 33 LLC EXTENSION OF VESTED REAL PROPERTY RIGHTS Resolution No. -2014 RECITALS 1. GOVT 33 LLC ( "Applicant ") has applied to the Pitkin County Board of County Commissioners ( "BOCC ") to request a three year (or more) extension of the vested rights to construct a single family residence on the property. The Applicant requests that the extension allow for the development to continue to be governed by the Land Use Code ( "Code ") that was in effect at the time of the original approval (the 2000 Code). 2. The property is located at 877 Spruce Street, and is more specifically described in Exhibit A. 3. The property contains 1.581 acres and is nonconforming in the TR -2 zone district. 4. The Hearing Officer denied a request for 1041 Hazard Review and Conceptual Submission approval, pursuant to Determination No. 25 -2004, based on the finding that the entire parcel is encumbered by slopes in excess of 30 %, where development was prohibited by the Code. The BOCC then determined that the denial constituted a taking, and remediated the taking by granting approval for development of a single family residence, pursuant to Resolution No. 006 -2005. 5. The BOCC subsequently extended the vested rights for seven years until April 13, 2012, pursuant to Resolution No. 044 -2005. A seven year extension was found to be appropriate, given the Applicant's commitment to limit the house size to 5,750 square feet. The 1041 Hazard Review Site Plan is recorded in Plat Book 73 at Page 73. 6. The Hearing Officer granted Scenic Overlay Review approval for a driveway to serve the GOVT 33 LLC parcel and the adjacent Smuggler C LLC parcel (888 Spruce Street), pursuant to Determination No. 15 -2004. The owner subsequently obtained an access permit and constructed the driveway. 7. The Hearing Officer granted Scenic View Protection Review approval for the residence, pursuant to Determination No. 2 -2012. The Board of Adjustment granted variances to the front and side yard setbacks, pursuant to Resolution No. 03 -2012. 8. The Applicant submitted a complete building permit on March 27, 2012, prior to the expiration of the vested rights. The building permit was issued on March 27, 2013, and will expire on March 27, 2014 unless a building inspection is obtained prior to that date in order to keep the permit active. 9. The BOCC considered the application at a regular meeting on March 12, 2014, at which time evidence and testimony were presented with respect to this application. %;VU�i05 Resolution No. -2014 Page 2 10. The BOCC finds that the Applicant has had nine years to proceed with the development approved in 2005. During that time the property was rezoned from AR -10 to TR -1, which limits the intensity and scale of development to small sized buildings and structures. 11. The BOCC finds that the needs of the County would not be served by granting an extension of vested rights that would allow for the development to continue to be governed by the Code that was in effect at the time of the original approval (the 2000 Code), as requested by the Applicant, and that the needs of the County would only be served by an extension of the vested rights, if the Applicant was required to comply with the current TR -1 zoning of the property. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby deny the GOVT 33 LLC Extension of Vested Rights. DENIED on the 12`h day of March, 2014. ATTEST: Jeanette Jones, Deputy Clerk and Recorder APPROVED AS TO FORM: John Ely, County Attorney Case #P009 -14 PID 273707100040 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Robert A. Ittner, Jr., Chair Date: APPROVED AS TO CONTENT: r u&4 Houben, Community Development Director Suzanne Wolff From: Yvonne McCallum Sent: Friday, February 21, 2014 3:49 PM To: Suzanne.wolff @pitkincounty.com Subject: GOVT 33 LLC Extension of Vested Rights (CASE P009 -14; PID 2737- 071 - 00-040) Hello Suzanne, Having read the above referenced application, we support the extension of vested rights as requested by Warren Lichtenstein for Government Lot 33 and would further support an extension for as long as possible up to and including a permanent attachment of existing rights. We support the condition of approval to include the payment of $100,000 for future road improvements to Spruce Street by Mr. Lichtenstein as outlined in his letter to the homeowners dated January 20, 2014 (see attached). We would further request the road improvements as outlined in the attached letter be completed by end of building season 2014 or no later than June 30, 2015. Kind regards, Yvonne and Bill McCallum 777 North Spruce Street U - 007 Suzanne Wolff From: Georgie Gleason Sent: Monday, February 17, 2014 12:27 PM To: Suzanne.wolff @pitkincounty.com Cc: Georgie Gleason; Arny Porath; Ymccallum @msn.com; austin Gleason Subject: Lichtenstein request Suzanne, This is in response to Warren Lichtenstein "s request for extension of his vested rights. Where it would be wonderful to have several years free from ALL of the annoyances that building above us for 7 long years' has presented. I am not sure that it is in everyones best interest. I would like to address a few issues that are important to us. My husbands health has been greatly affected from the stress that has been placed on him. He worries constantly that a boulder may roll down the hill and cause damage to our house. Every doctor that we have seen emphasizes how important it is for him to lessen his stress. Short of selling our home and moving it does not seem that we have any control over the building that has persisted above us for 7 long agonizing years. We have grown old as we wait for Mr. Lichtenstein to be able to enjoy his rights to build. They are offering to make improvements to the road . I believe that the road needs repairing due to the extreme heavy construction traffic that has been placed on it for 7 years. Improving the road is a different issue. I am sure that Mr. Lichtenstein must realize that it his responsibility to repair the damage that his construction vehicles have caused. And if he really wanted to be a good neighbor he would repair it without any negotiations. We all OWN the road so certainly we want and deserve a say in who repairs the road, how it repaired and when it is repaired. We are all effected. It appears to me that Mr. Lichtenstein has been awarded every request he has made. I think we would like Mr. Lichtenstein to consider our position and well being and do what is right. I am not sure that extending his vested rights is in the best interest of the neighborhoods that are around us or our immediate neighbors. Respectively, Austin and Georgie Gleason uLONOu Suzanne Wolff From: Arnold Porath Sent: Wednesday, February 05, 2014 6:33 PM To: Suzanne wolff @pitkincounty.com Subject: GOVT 33 LLC Estension of Vested Rights (CASE P009 -14; PID 2737- 071 -00 -040) Suzanne, I reside at 707 Spruce having received a notice of the pending application before The Board of County Commissioners. I am not in favor of granting an Extension of Vested Rights for the following reasons: 1) Mr. Lichtenstein has been involved in the construction of his primary residence and the current house under construction for the last 7 years severely disrupting the quiet enjoyment of the neighborhood. 2) During the construction period the road structure and road shoulders have been compromised by large construction vehicles, earth moving equipment, etc. He has not demonstrated any interest in repairing the damage. 3) Prior to the start of construction of the new house I attended a hearing to discuss the process. I was assured by Haas Land Planners that both houses would be under construction simultaneously to shorten the inconvenience to the neighbors. I agreed to the plan as presented. We now know that we were misled. 4) Several months ago I was contacted by Haas Land Planning to discuss under what conditions I might agree to the vesting extension. The conditions for my approval are noted below: a) After the construction on the current house is completed the road would need to be repaired. b) Mr Lichtenstein would put up a letter of credit or other bankable instrument, with no offsets or defenses, in the amount of the cost of repair. An additional amount would need to be secured for any damage caused by the construction of the house on Lot 33. c) Plans and specifications provided by a qualified engineer would need to be reviewed and approved by the homeowners. d) The Estimate provided by Savage Excavation LLC falls very short of a complete description of the repairs. More specifically the line item "Place 2" mat over existing road surface" is nothing more than a thin overlay that does not address the damages. It is impossible to know if the offer of $100,000 is sufficient without knowing the specifications bid out by a professional road contractor. e) I requested a copy of the scope/ specifications and was told specifically that Mr. Lichtenstein was unwillingly to disclose them. I cannot rely on the representations made by Mr. Lichtenstein through Haas Land Planners and unless a more detailed and secured commitment is forthcoming I find that it is impossible to agree to and extension of Vested Interests or Lot 33. Should you want to discuss this matter further I am available at 970 -920 -9926. Thank You, Arnold Porath UGUO F Warren G. Lichtenstein 777 Spruce Street Aspen, Colorado 81611 March 11, 2014 VIA EMAIL AND U.S. MAIL Raymond and Camilla Auger 709 N. Spruce St. Aspen, CO 81611 7 Come 11 LLC Attn: Peter Pomell PO Box 1747 Springfield, MO 65801 Mitchell H. Caplan 6910 Hillmead Road Bethesda, MD 20817 Porath Family Trust Attn: Arnold and Anne Porath 707 Spruce St. Aspen, CO 81611 William T. and Yvonne McCallum 8100 E. Union Ave., #2404 Denver, CO 80237 Austin and George Anna Gleason 3918 Sunset Shreveport, LA 71I09 Re: Spruce Street Improvements Ladies and Gentleman As you know, individually or through entities, I am the owner of the real properties located at 777 Spruce Street, 888 Spruce Street and 877 Spruce Street, Aspen, Colorado 81611. My home is at 777 Spruce Street and I have another house under construction at 888 Spruce Street. I also intend to construct a residence at 877 Spruce Street (the "Project "). Pursuant to Resolution No. 006 -2005, the Pitkin County Board of County Commissioners approved an Extension of Vested Rights for the Project until April 2012, I applied for and obtained a building permit for.the development of the Project prior to expiration of the vested rights associated with Resolution No. 006 -2005, which effectively stayed the expiration so long as the building permit remains active. I intend to submit an application to extend the vested rights for the Project for at least an additional three year vesting period (the "Application for Extension of Vested Rights "). 1 (�4 'S�- Spruce Street Improvements March 11, 2014 Page 2 This letter is to confirm my commitment that, within 30 days after final approval of the Application for Extension of Vested Rights, I will escrow the amount of $106,000.00 with a third party escrow agent, to secure completion of certain improvements to a portion of Spruce Street as described on Schedule A attached hereto (the "Road Improvements "). Progress payments from the escrowed funds will be released to the contractor as the Road Improvements are completed. We expect the foregoing commitment will be an express condition imposed by the County in connection with the approval of the Application for Extension of Vested Rights. Alt estimated cost of the Road Improvements is attached hereto as Schedule D (the "Costs"). In addition, I will cover any County permit costs related to the Road Improvements. I will not be obligated to pay any amounts in excess of the Costs and any associated County permit fees for the Road Improvements, rather if you (or any of you) wish to complete additional work or improvements to Spruce Street, such work or improvements will be at your expense. Ir the event Pitkin County denies the Application for Extension of Vested Rights, 1 shall have no obligation to commence or complete the Road Improvements and I will likely pursue completion of the Project immediately. Ilowever, if Pitkin County approves the Application for Extension of Vested Rights, 1 will direct my contractor to commence the Road Improvements upon, or just before, completion of construction at 888 Spruce Street, which is expected to be on or before August 31, 2014. In any event, the Road Improvements shall be substantially complete within a single construction season after commencement of work related to the Road Improvements. My contractor will take measures to ensure that access to your homes from Spruce Street is maintained during construction of the Road Improvements. Further, the Road Improvements will in no way damage the existing drainage improvements. Please let me know if you have any questions. Sincerely yours, — Warren G. Lichtenstein // enclosures Z |nmpCLisLr8t Inspection Check List Pmgm:1 3112t2014 7:25:03A&Y P|TM/NC<JUMTY |nmpocdonLine:920^5532 inspection Schedule for rayg Scheduled for March 12, 2014 Permit No: O0102V12,PRDK Typo: 120 INSPECT FOOTINGS Notes: POUR TIME 8am3114/14 Time: 08 00 inspection 1-Accepted 2'ArcoptedasNoh�d 3^R�ec�ed4' KNotCnn�p�te Comments: i! r^°^---- ---- � / Da ignature of Applicant Print Name Date / � ��� signature nfInspector, ' Print Name Address Contact Nane: David Miller Cnmtnctp (970) 379-93S-1 \ � 877 SPRUCE ST | �� HERITAGE BUILDERS, INC. Owner: GOVT 33LLC Pago:} swevaut- A All/ 00 00 0. Nk, PRIVATE RESIDENCE QUO L1 Savage Excavation LLC PO Box 247 Carbondale, CO 83.623 Carter Schlumberger 970- 379 -5421 Ray Simpson 970- 379 -8575 I Name /Address I Heritage Builders Inc 0204 ParkAvenuc Ste I H Basalt, CO 81621 Description ROAD CONSTRUCTION: Prep shoulders for new tear drop corners Pull ditches and rip rap where ditches are inadequate Place 2" mat over existing road surface 500 square feet of 3" asphalt patch at $15 per square foot SUBTOTAL ROAD CONSTRUCTION: °• ° Asphalt work requires 50% down before work starts, and 50% upon completion. S- Total SCHEME B Estimate Dale Estimate # 10/1/2013 340 Project Lichtenstein Total 7,350.00 12,250.00 78,279.00 7,500.00 105,379.00 $105,374.00 03- 06 -'14 19.93 FFM- T -970 P0001/0001 F -045 LYON CONSTRUCTION PROPOSAL PO Box 110 Silt, CO 81652 )970)$76.5944 FAX (970) 8745943 for: Sawea Gonstructian �� fly Sim son Attention: Caner Sehlumber er Phone: 970)9633404 Email: a er - save e"O.cam OATS: March 6,1014 Job Description: 2 inch asphalt overlay over a lock coat Aspen, CO We Propose hereby to furnish matenal and laber- complete In ecoordMN with tperinnboM belo, for rho sum of Payment to be made is follows: 50% down, balance uPOn Completion, no retalnage NOTE: This proposal maybe withdrawn by us if not accepted within _5 days. 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OWN,/Awt V r PRIVATE RESIDENCE ansmrxisrxur Suzanne Wolff From: Arnold Porath Sent: Tuesday, March 11, 2014 3:29 PM To: Suzanne.Wolff @pitkincounty.com Cc: mitch @hlpaspen.com; Arnold Porath Subject: Government Lot 33 Dear Suzanne, i have been in contact with the owner of Government Lot 33 who has assured me that he will undertake repairing the roadway on Spruce Street that was damaged as a result of the heavy equipment used in the construction of his two homes over the last seven to ten years. The construction bid has been reviewed and I am satisfied with the scope of the work as described. Therefore, I am withdrawing my objection and am in favor of extending the vesting rights for Government Lot 33 as requested with the understanding that the roadway will be repaired as represented by the owner. Thank you, ARNOLD PORATH CHARTER REALTY GROUP 707 Spruce Street Aspen, CO 81611 Tel. 970 - 925 -8331 CELL 310 - 612 -2252 a 1 HAAS January 28, 2014 LAND PLANNING, LLC Pitkin County Board of County Commissioners c/o Suzanne Wolff, Senior Planner Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 RE: Request for an Extension of Vested Property Rights for Government 33 LLC (Parcel ID 2737 - 071 -00 -040) Dear Suzanne and County Commissioners: The applicant, Government 33 LLC, owns a 1.58 -acre lot known as Government Lot 33 ("Gov't 33 "), which sits at the top of Spruce Street and above the Silverlode/ Williams Ranch Subdivision. The parcel is within Pitkin County's TR -2 Zone District, immediately outside of and bordering the Aspen Urban Growth Boundary (UGB). In 2004, the Pitkin County Hearing Officer denied an application for 1041 Hazard Review and Conceptual Submission pursuant to Determination No. 25 -2004 finding that the entire subject parcel was encumbered by slopes in excess of 30 %. At that time, development was flatly prohibited on slopes in excess of 30% pursuant to Section 3- 80 -50(c) of the 2000 Land Use Code. BOCC Resolution 006 -2005 found that the Hearing Officer's Determination amounted to a regulatory taking of private property without just compensation and granted remediation in the form of a 1041 approval, subject to certain conditions. Pursuant to BOCC Resolution No. 044 -2005, this property and the approvals granted pursuant to BOCC Resolution No. 006 -2005 were given seven (7) years of vested rights, which would have expired on April 13, 2012. At the time of the aforementioned approvals, the property was zoned AFR -10 and allowed for development of up to 15,000 square feet of floor area, but the applicant agreed to limit this potential to a maximum of 5,750 square feet. Around the same time that this parcel's takings was remediated, the applicant's adjacent parcel, known as Smuggler C, was also granted 1041 approval to remediate a takings on that property. Pursuant to the 1041 approvals granted as remediation of the regulatory takings, the Smuggler C parcel has been under construction for some time now. The residence on Smuggler C has been framed, • 201 N. MILL STREET, SUITE 108 • ASPEN. COLORADO • 8161 1 • PHONE: (970) 925-7819 • MITCH@HLPASPEN COM 000001 0' 33 but it is not yet close to completion. It is hoped that construction will be completed by the end of August 2014. The applicant originally wanted to develop both parcels concurrently, as opposed to consecutively, so as to lessen the duration of construction and related impacts to the neighbors but that plan simply did not work out. Now, since construction on the two properties cannot proceed concurrently and would have to occur in consecutive fashion, thereby continuing for several more years without interruption, several of the neighbors have expressed a strong desire for the applicant to hold off on beginning construction on the Gov't 33 parcel. In other words, a substantial reprieve is desired by the neighborhood. In 2011, the applicant applied to the County for Scenic Review approval of the proposed residence and landscaping on the Gov't 33 parcel, which approval was required before a building permit application could be submitted. Staff typically approves scenic Review administratively; however, due to objections submitted by neighbors during the public comment period, the application had to instead be scheduled for review by the Pitkin County Hearing Officer. On January 9, 2012, the applicant received a letter from attorney Thomas Fenton Smith on behalf of two of the property owners within 300 feet of the Gov't 33 property, requesting that the Scenic Review application be tabled pending the submittal of a more detailed building plan and landscaping plan. After a site visit, the continued hearing was held on January 19, 2012, but was again continued to February 16, 2012, for the applicant to provide additional information to the Hearing Officer so as to address and show all previous 1041 mitigation requirements on the plans. Around the same time, the applicant had also applied to the Pitkin County Board of Adjustment (BOA) for variances from the front and rear setback requirements to address issues with the extreme narrowness of the steep lot. The applicant was concerned that, due to the delays resulting from the neighbors' objections, the continued Scenic Review hearing, and the BOA hearing, the review process would drag on beyond the vested rights expiration date of April 13th or to a point where submittal of a complete building permit application prior to the expiration of the vested rights would become impracticable. Therefore, at that time, the applicant sought an extension of the vested rights to accommodate the delays in the ongoing review processes. The vested rights extension request finally came before the BOCC on April 111h of 2012, two days before the vested rights were set to expire. By that time, the applicant had recently received Scenic Review approval pursuant to Hearing Officer Determination No. 2 -2012, as well as approval of the variances requested from the BOA, pursuant to BOA Resolution No. 03 -2012. The applicant was then Gont 33 T B E.�7en.non (ParcellD ? ?3 ?- 0. %1- 00 -Od0) � UUi1002 able to submit a complete building permit application on March 27, 2012 (Building Permit No. 0010.2012), prior to expiration of the vested property rights. The applicant was fully aware that, due to the complete building permit submittal having already been accepted, staff was recommending denial of the vested rights extension request. That said, the applicant was not able to get any kind of written verification from the County that the building permit application acceptance would serve to maintain vested property rights status under the above- described approvals. As such, rather than withdraw the vested rights extension request, the applicant chose to accept the BOCC's denial pursuant to Resolution No. 046 -2012, simply because the Resolution included a finding stating that the extension was unnecessary since, "the acceptance of a complete building permit application prior to the nesting expiration date gives the applicant the right to undertake and complete the development under the terms and conditions of the site specific development plan..." In other words, the BOCC stated, in writing, that the submission of a complete building permit application extends the vested rights granted to a property, and allows for the development to take place under the terms and conditions of the original approvals. The denial was the only way of obtaining the needed verification in writing and, therefore, accomplished the applicant's goals. The building permit was not issued until March 27, 2013 and will expire in March of this year, 2014. The applicant could break ground on the Govt 33 parcel today, but would now like to hold off on that development in order to give his neighbors a reprieve from the seemingly never - ending construction on his properties (first, the home at 777 Spruce Street was built and took several years to complete; then the driveway to Gov't 33 and Parcel C was built; then the home on Parcel C was started and continues to be built; Gov't 33 remains undeveloped). Some of the neighbors have been vocal about their desire to have a break from the constant construction. The applicant will now likely have to begin excavation and development of slope stabilization structures and carry this work enough forward to obtain a first inspection so as to keep the building permit active. That said, with approval of the extension requested herein, said work could easily be covered back over and a substantial reprieve could be enjoyed until such time as the new vesting period dictates that construction need resume. In addition to the desired reprieve, the applicant has agreed that if the vested rights extension request is granted, he will put forth $100,000 of his own money towards much needed road improvements to Spruce Street. Spruce Street is a private road that is not maintained by the County but which serves as the only access to at least ten (10) separate residential lots. The applicant's commitment to fund and complete improvements to Spruce Street will benefit all of the neighbors on Spruce Street in terms of both daily and emergency access, which in turn serves to benefit the community as a whole. Gout 33 l -R Extension (PamlID 2737 - 071 -00 -040) 3 00003 Section 2- 20- 170(d) of the Code allows for the Board of County Commissioners to grant an extension of vested property rights or a reinstatement of forfeited or expired vested property rights, for up to three years. The applicant is requesting a three -year extension (if additional years are possible, that would be preferred) so that once the construction on the Smuggler C parcel is completed there will still be substantial downtime before construction must begin again on the Gov't 33 parcel. Additionally, the applicant requests that the BOCC explicitly state in the Resolution that this extension will allow for the approved development to continue to be governed by the Land Use Code that was in effect at the time of the original approval (the 2000 Pitkin County Land Use Code). Since receiving the development approvals in 2005, the property's zone district has changed from AR -10 to TR -2 and an extension of vested rights requiring adherence to TR- 2 limitations would prohibit the applicant from pursuing development of the plans already/ currently approved and in process. Subsection 1 of Code Section 2- 20- 170(d) provides the criteria for the Board to consider when a request is made for the extension of vested property rights. Each standard is enumerated below and followed by a response demonstrating compliance/ consistency therewith, as applicable. (a) The applicant's compliance zritli any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights; The applicant has complied with the condition of the 1041 approval requiring application and approval for Scenic Review prior to submission of a building permit. The applicant has also complied with all of the additional conditions in the 1041 approval and has submitted a complete building permit application, which was approved and issued in March of 2013. (b) The progress made in pursuing the project to date including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project, The applicant has already gone through Scenic Review for and constructed the driveway that serves the subject lot; utilities have been stubbed into the lot; Scenic Review for the home has also been approved, as has the necessary Board of Adjustment variance request; the home has been designed by a registered architect, engineering work has been completed; and, a building permit has been issued for the property. In short, the applicant has committed substantial investment in reliance on the standing approvals and could proceed with development but seeks to delay such in the interest of the neighborhood. Gout 33 i B Extension (PanelID 2 ?3'- 071 -00 -040) 4 000004 (c) The nature and extent of any benefits already received by the County as a result of project approval sucli as impact fees or land dedications; The applicant had agreed to limit the size of the home (to 5,750 square feet when 15,000 square feet was allowed) and has agreed to insure the four downhill property owners that could be most affected by the development. Originally, the applicant wanted to develop both of his parcels concurrently, as opposed to consecutively, so as to lessen the duration of construction and related impacts to the neighbors. However, this plan did not work out and construction on the Smuggler C parcel has been ongoing for the past few years but is not yet complete. Several of the neighbors have expressed a desire to have a substantial reprieve from several more years of continuous construction. The applicant can provide the desired reprieve only if the BOCC approves the extension request. As an additional community benefit, the applicant will agree as a condition of the extension approval to pay for and complete $100,000 worth of road improvements to Spruce Street as outlined in the accompanying agreement letter and its exhibits. (d) The needs of the County and tlw applicant that zoould be seined by approval of the extension or reinstatement request. The extension of vested rights is in both the applicant's and the County's best interest so that the neighbors and the applicant can all enjoy a break from what has become seemingly never - ending construction on the applicant's three properties. Additionally, the applicant will pay for certain road improvements to Spruce Street, which will benefit all of the property owners on that street, emergency responders and the community, as a whole. (e) The Board sliall also take into consideration the lengtli of any appeal process or litigation and the subsequent effect of a lessened nesting period for property riglits. The foregoing criterion is not applicable to this property as no appeals or litigation are taking place. As mentioned above, the applicant has been developing the adjacent property for the past few years and spent several more years before then developing his home at 777 Spruce Street. It was the applicant's intention to build the Parcel C and Gov't 33 homes concurrently to lessen the impacts to the neighbors. However, that plan did not work out and it has since come to the applicant's attention that several of the neighbors would like the construction activity to cease for at least a couple of years. As such, on behalf of the applicant, it is respectfully requested that an extension of vested rights be granted for at least three years, but more if possible. The Gaut 33 I'A E.vtenaion (Parce11D 2737- 071-00 -040) 5 0 ihU55 applicant has been, and will continue to, diligently pursue development (at substantial cost) in accordance with the previously granted approvals. If I can be of further assistance in any way, or if you should have any questions, please do not hesitate to contact me. I can be reached at the phone number provided, or by email at mitch @hlpaspen.com. Yours truly, Haas Land Planning, LLC Mitch Haas Owner/ Manager Attachments 1. Pre - Application Conference Summary 2. Proof of Ownership 3. Authorization for Haas Land Planning to Represent the Applicant 4. Prior Approvals a. BOCC Resolution No. 006 -2005 b. BOCC Resolution No. 044 -2005 c. Hearing Officer Determination No. 2 -2012 d. BOCC Resolution No. 046 -2012 5. Spruce Street Improvements Agreement 6. Executed Fee Agreement 7. Approved 1041 Hazard Site Plan Gout 33 [ R E.vtension (Parcel ID —°'3'- 0'1 -00 -040) 6 0J "i�06 EXHIBIT PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: 1/21/14 PHONE: (970) 920 -5093 E -MAIL: suzanne.wolffO- pitkincounty.com LOCATION: Top of Spruce St. ZONE: TR -2 PARCEL ID #: 273707100040 OWNERIAPPLICANT: GOVT 33 LLC REPRESENTATIVE: Mitch Haas EMAIL: mitch@hlpaspen.com Type of Application: Extension of Vested Rights Description of Project/Development: The Applicant is requesting an extension of vested rights for the approval granted pursuant to BOCC Resolution No. 044 -2005. The Hearing Officer denied a request for 1041 Hazard Review and Conceptual Submission approval, pursuant to Determination No. 25 -2004. The BOCC then determined that the denial constituted a taking, and remediated the taking by granting approval for development of a single family residence, pursuant to Resolution No. 006 -2005. The BOCC subsequently extended the vested rights for seven years until April 13, 2012, pursuant to Resolution No. 044 -2005. The 1041 Hazard Review Site Plan is recorded in Plat Book 73 at Page 73. The Hearing Officer granted Scenic View Protection Review approval for the residence, pursuant to Determination No. 2 -2012. The Applicant submitted a complete building permit application on March 27, 2012 (Building Permit No. 0010.2012); the permit was issued on March 27, 2013. The BOCC denied the applicant's request for an extension of the vested rights pursuant to Resolution No. 046 -2012, stating that the extension was unnecessary since "the acceptance of a complete building permit application prior to the vesting expiration date gives the applicant the right to undertake and complete the development under the terms and conditions of the site specific development plan..." Staff has determined that the vested rights remain intact while the building permit is "alive' and, therefore, that the Applicant may request an extension of vested rights before the building permit expires. Land Use Code Sections to address in letter of requestlapplication: ^r 2- 20- 170(d), Extension of Vested Rights Review by: BOCC Public Hearing? NO. Staff will refer to: North Spruce St. HOA FEES: $1,378 (make check payable to "Pitkin County Treasurer ") r $1,248 Planning flat fee (non - refundable; based on 4 hours of staff time; if staff review time exceeds 4.8 hours, the Applicant will be charged for additional time in excess of 4 hours at a rate of $312 /hour) i- $130 Clerk ODU007 To apply, submit 5 copies of the following information, unless noted otherwise: 1. Letter of request, summarizing prior approvals and addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; 2. Approved 1041 Hazard Review Site Plan (1 copy @ 24" x 36 "; 5 copies @ 11" x 17 ") 3. BOCC Resolution Nos. 006 -2005 & 044 -2005 4. Consent from the owner of the property for the representative to process the application and represent the owner (1 copy); 5. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 6. Street address and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County; 7. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (1 copy) (form attached); 8. This Pre - Application Conference Summary Sheet. NOTES: r PLEASE SUBMIT TWO UNBOUND AND ONE -SIDED COPIES OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). ➢ ALL MAPS SHALL BE FOLDED. 'r 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 staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that GOVT 33 LLC, A COLORADO LIMITED LIABILITY COMPANY is the owner in fee simple of the following described property: LOT 33, IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: SPRUCE ST., ASPEN, CO. 81611 ENCUMBRANCES: Iffej:I4 This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE, INC. M K#1 authorized signature CERTIFIED TO: December 18, 2007 at 8:00 A.M. Job No. 2348G UOU009 EXHIBIT Pitkin County Community Development Dept. 130 S. Galena Street Aspen, CO 81611 -1975 RE: Govt 33 LLC (PID# 2737 - 071 -00 -040) Application for Vested Rights Extension To whom it may concern: As owner of the above referenced property, I hereby authorize Haas Land Planning, LLC (HLP) to act as designated and authorized representative for the preparation, submittal and processing of an application for the approvals listed above, as well as, any incidental approvals associated therewith. HLP is also authorized to represent us in meetings with Pitkin County staff, the Hearing Officer, the Planning and Zoning Commission, and the Board of County Commissioners. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included in the application. Yours truly, r � Govt 33 LLC. By: Warren G. Lichtenstein 590 Madison Avenue, 32nd Floor New York, NY 10022 000010 SOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLORADO, FINDING A TAKING AND REMEDIATING THE TAIONG FOR THE THAROTH LLLP PROPERTY (GOVERNMENT LOT 33) Resolution No4_0&-2005 RECITALS I . Timroth LLLP ( "Applicant ") applied to the Pitkin County Hearing Officer ("Hearing Officer ") for 1041 Hazard Review and Conceptual Submission approval to establish a building envelope to construct' a single - family residence and accessory structures. 2. The parcel is located above the Silverlode/Williams Ranch Subdivision on Lower Smuggler Mountain at the top of Spruce Street; is referred to as Government Lot 33; and is more specifically described in Exhibit A. 3. The parcel contains 1.581 acres, is a nonconforming size parcel in the AFR 10 zone district, and is located outside of the Urban Growth Boundary. I . Government Lot 33 existed prior to June 12,1978 and has not merged with any adjacent parcels. 4. The Hearing Officer denied the application at a duly noticed public hearing on October 19, 2004, pursuant to Determination No. 25 -2004. The Hearing Officer found that the entire parcel is encumbered by slopes in excess of 30 %, where development is prohibited pursuant to Section 3- 80- 050(C) of the Land Use Code ("Code"). 5. The Applicant submitted a request for a takings determination pursuant to Sections 3- 290, 4 -150 and 5 -220 of the Land Use Code on November 4, 2004 to determine whether the Hearing Officer's denial of the application constitutes a taking of private property without just compensation. 6. The BOCC considered the takings request at regular, meetings on November 17 and December 15, 2004, at which time further evidence and testimony were presented with respect to the taking. 7. The BOCC determined that a taking had occurred pursuant to Sections 3 -290 and 4-150 of the Code, based on the following findings: A. There are not any areas on the property that are not encumbered by slopes in excess of. 30 %; B. The proposed building envelope is the best possible location on the property for development; and C. The denial constitutes a taking of all reasonable use and economic return from the subject property. 8. The BOCC considered the remediation at a regular meeting on January 12, 2005, at which time the conditions of approval were accepted. NOW, THEREFORE, BE IT RESOLVED by the BOCC that the denial of the Timroth LLLP 1041 Hazard Review and Conceptual Submission constitutes a taking pursuant to Sections 3 -290 and 4- 150 of the Pitkin County Land Use Code. I VIII) I�III"�I� IIKII Illel IIIICII CO �II III�I (III �II 5 ©fi909 ea a7 V t11 U l 711 R 0.00 0 0.00 Resolution No.4 -2005 Page 2 T BE IT FURTHER RESOLVED by the BOCC that it does hereby remediate the taking by granting approval, 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 or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any earthmoving, access, or building permit applications, the Applicant shall submit a 1041 Hazard Review Site Plan that complies with the provisions of Section 5 -70 -040 of the Land Use Code 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. The Applicant shall amend the site plan submitted as part of the original application as follows, prior to submission for recordation: A. Add "Timroth LLLP" to the title. B. Amend the signature block for the Board of County Commissioners instead of the Hearing Officer. 3. Prior to submission of any building permit applications, the Applicant shall submit an application and gain approval for a Scenic Overlay Review, pursuant to Section 3- 60-040 of the Land Use Code, once plans for the proposed residence have been prepared. The application shall include a detailed landscaping plan. The Applicant shall erect story poles to represent the height of the proposed residence, prior to the hearing date for the scenic overlay review. 4. Prior to issuance of any building permit applications, the Applicant shall: A. Provide documentation to the Environmental Health Department of an adequate quantity and quality of water from the approved well. The well shall be located within the approved building envelopes. As an alternative, the applicant may obtain water from the City of Aspen. B. Pay the applicable road impact fee. C. Name the owners of the properties below the building envelope (identified by Parcel Identification Numbers 2737-074-00-045,2737-074-30-005,2737-074-30-006 and 2737 -074 -30- 007) as additional insured on their policy covering construction activity in the amount of the value of the improvement on each property, if deemed necessary by Community Development staff and the County Attorney, given the findings of the engineer or geologist with regard to the potential off -site impacts during construction. . D. Execute an indemnification of the County in a form approved by the County Attorney. E. ' Submit documentation to the Environmental Health Department that the Aspen Consolidated Sanitation District (ACSD) can serve the property. The Applicant shall comply with ACSD rules, regulations, and specifications. F. Provide a plan prepared and signed by a Professional Engineer or geologist to address mitigation of the geologic hazards on and off -site during and post-construction, for review and approval by the County Engineer, Chief Building Official and Community Development Department. The plan shall specifically include an analysis of potential off -site hazards created by construction and reasonable mitigation for those hazards. O. Obtain an access/driveway permit for the driveway, which shall comply with all applicable County access standards and shall be approved by the County Engineer, Fire Marshal and the Community 50690 %v 12 IIIIIII IIIAI I�IIIINIIN IIIIBII�IIINII III VIIIIIIIIMO 5 ea:47T. SILVIA Resolution No.& -2005 Page 3 Development Department. Obtain fireplace/woodstove permits from the Community Development Department, if necessary. H. Submit a drainage and erosion control plan for review and approval by the County Engineer. The plan shall address all construction activities and shall provide for erosion control for a minimum of two years after the issuance of a Certificate of Occupancy, which shall include details on the types of erosion control and the maintenance of those systems, and a detailed revegetation and planting plan. I. Submit a Construction Management Plan in accordance to the Asset Management Plan for review and approval by the County Engineer. The Construction Management Plan shall indicate that vehicles associated with construction (i.e. employee traffic, construction vehicles, staging and deliveries) shall not violate County Law, such as parking on County rights-of -way. 5. If the Applicant proposes to use City water to serve the residence, then prior to issuance of a building permit for the residence, the Applicant shall: A. Provide written confirmation to the Community Development Department and the City of Aspen Water Department from the North Spruce Street Homeowners'Association and the Silverlode Homeowners' Association that the water system infrastructure and pump station can accommodate the increased capacity required to serve the residence; and then B. Submit an application to the City of Aspen to amend the 1997 water service agreement for North Spruce Street. 6. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Fencing outside of the building envelope shall comply with the wildlife compatible fencing standards in the Land Use Code. B. Dogs shall be kenneled. C. Native vegetation shall be maintained outside of the building envelopes, except as necessary for the utility extension. Safety fencing shall be erected during construction to prevent inadvertent impacts to native vegetation. D. Install and use bear proof trash containers, as required by BOCC Ordinance No. 010 -2001. 7. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Within 20' of the residence, remove all brush (oak, serviceberry, chokecherry, sagebrush, etc.). B. Beyond 20' and within 45' of the residence, oak brush shall be thinned to 5x the height of the remaining plants, and remaining plants shall be limbed up to 10'. All sprouts and understory shrubs shall be removed. C. Beyond 45' and within 65' of the residence, bushes and shrubs shall be thinned to 3x the height of the remaining plants. D. A minimum of 10' spacing shall exist between tree crowns, except for aspen or cottonwood trees _ where ladder fuels have been removed. E. All other vegetation within 30' ofthe residence shall be kept to less than 1' in height, with a few scattered shrubs allowed beyond 25' from the residence. F. All branches from trees and brush within 30' of the residence shall be pruned to a height of 10' above the ground with removal of ladder fuels from around trees and brush. G. All deadfall within 70 feet of the residence shall be removed. Page: 3 of r1�l`, is I111111IIIIINInIBIIIIIII1111111III�III IN 11111111 50699 aa.47 02/10/2005 ae 3 Resolution N64 -2005 Page 4 H. Remaining oak brush, serviceberry or chokecherry stumps shall be painted with Garlon herbicide to prevent resprouting. 1. Installed or native landscaping within 20' of the residence shall not contain any brushy or coniferous species and shall be irrigated. Aspen trees may be planted, but not within 10' of the residence and shall be limbed to 10'. No trees shall be planted within 15' of any window. J. Shrubs shall be thinned to 3x the height of the remaining plants within 25' on both sides of the driveway. Within 10' of the driveway, shrubs and conifers are not allowed and aspen are allowed. K. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. L. These standards maybe varied by staff in consultation with a wildfire expert when a landscape plan is submitted for review. 8. The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall be constructed with a non - combustible roof covering on a Class A roof assembly as defined in the International Building Code (IBC) Section 1505.2. Non - combustible materials shall be one of the following: cement shingles or sheets; exposed concrete slab roof; ferrous or copper shingles or sheets; slate shingles; clay or concrete roofing tile; or an approved roof covering of non - combustible material. Wood shaketshingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: a) All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. b) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. c) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. d) Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. e) 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 1/4 inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials and firewood /wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Swimming pools or ponds shall be accessible to Fire Department vehicles. G. Fences shal l be kept clear of brush and debris. H. Wood fences shal l not connect to the structure. I. Fuel tanks shall be installed underground with an approved container. J. Propane tanks shat l 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. Utility lines shall be buried. �i?!ii�14 SIf1III11III �I111I VIII INI I�I�I�I��I� II�Illl) �l�lelll a 506 9090 9.47 Resolution No& -2005 Page 5 9. The Applicant shall submit alighting plan specifying the location, type and number of exterior fixtures and demonstrating compliance with the County's lighting regulations, for review and approval by the Community Development Department, prior to installation of exterior lighting fixtures. 10. No development, including grading, excavation, fill placement; berming, landscaping, vegetation removal or disturbance, shall occur outside of the approved building envelopes. Exceptions to this prohibition include utility extensions within a designated utility easement, required wildfire mitigation, and plantings found to be necessary to mitigate geologic hazards, subject to a landscape plan reviewed and approved by the Community Development Department. 11. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion. 12. The Applicant shal l use exterior materials that "blend in" with the surrounding natural landscape. Non - reflective exterior, roof and window materials shall be utilized. 13. The Applicant shall comply with the codes and requirements of the Aspen Fire Protection District. 14. The total allowable floor area shall be limited to a maximum of 5,750 square feet of floor area, as measured pursuant to the definition of "Floor Area" in effect at the time of building permit submittal. The Applicant shall not be eligible to obtain additional floor area in excess of 5,750 square feet 15. The Applicant shall comply with the following measures to mitigate geologic hazards: A. Site specific soils testing shall be conducted prior to foundation design to ensure stability. B. Excavations, including foundations, shall be adequately supported with or designed as retaining walls, with appropriate drainage on the upslope side. C. Cuts, fills and other excavations shall be minimized, steepening of existing slopes shall be avoided, and all disturbed areas not covered by construction shall be graded so that they can he revegetated. D. Final grading and landscaping shall prevent rolling rocks from striking the structure. E. The first three feet of the structure that extends above grade shall be reinforced and openings in this interval shall be limited. F. Adequate mechanical support shall be provided for cut slopes. G. Adding water, which may decrease slope stability, shall be avoided. H. Adding weight to the top of the slope shall be avoided. 1. Confine, cut, fills, grading and excavation to the minimum area needed for construction. 16. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property. 17. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County , Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4 -140 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on January 12, 2008_ APPROVED AND ADOPTED on the 12° day of January, 2005. 1 I 1 jI IIn�' IHI I IJI I�u111 II I!I '�Ij/' 506909 l) A l� i 11, �IIII 'I�I tll� II� l,lllll �t0ll I�1 III, III 0 02/910/2000008.47 i Resolution NoAf�-2005 Page 6 Indy Houben Community Development Director P112.04 PID #273707100040 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By %0 - Patti Kay-Clap p&, Chair APPROVED AS TO FORM: John Ely County,Attorliey 506909 11111 hill1111111111111111111111111111�002 //10/ 0.00 8:47, SILVIA DAVIS PITKIN COUNTY 00 R i� J ���iirrnii rrirr� cirri ur►i mr„ uui ►u n►n ►►�► ►�„ 4F ((.w 45845 06/30/1997 01:38P DEED VIA DAVI 1 of 1 R 6.00 D 11.00 N 0.00 �IN CLERK d RE �. INTERCHANGE DEED _ THIS DEED, made this (v day of Tit , 19Q7, between the United States of. America, acting by and through the Forest - service, Department of Agriculture, hereinafter called Grantor, and 'Ga.Timrot-h; Donna -M. Timroth, and Grant: C. Timroth,.as tenants in- common, of P.O. Box 89, Town of Aspen, State of Colorado, - hereinafter called Grantees. I I i� nom, WITNESSETH: The Grantor is authorized to convey certain National Forest System lands by the ant of January 12, 1983 (96 Stat. 2535; i6 U.S.C. 521c).' NOW THEREFORE, the Grantor, for and in consideration of land-in Pitkin County, Colorado containing 27.845 acres,'more or less, the receipt whereof is hereby duly acknowledged, does hereby remise, release, and quitclaim unto the Grantees, 'its successors and assigns all it's right, title, and interest is and to'the real property situated in the County of Pitkin, State of Colorado, described as followse Township 10 e„uth Ranoe 84 West 6th P x. The Bait 1/2 Of Lot 33, Section 7 - - Containing 0.785 acres, more or less. SUBJECT TO: 1. All easements and rights -of -way of record.:. IN WITNESS WHEREOF, the Grantor by its duly authorised representative hag . rexecuted this deed Pursuant to the delegation of authority promulgated 'in Title 7 CFR 2.42 and 49 F.R. 34283, August 29, 1984. UNITED STATES OF AMERICA BEN L. DEL VILLAR _ p Acting Forest Supervisor White Rivei.national Forest .C'ol Poresi Service" . United 'States Department of Agriculture ACRN)WLEDGSMENT'OF INDIVIDUAL . STATE OF COLORADO ) . ) COUNTY OF GARFIELD ). On this _ & day of Towle 19Zj, before me., a Notary Public in and for said State, with principal office is Garfiel county, personally appeared Bea L. Dal Villar, Acting Forest Supervisor, White River National Forest; known to me to be the person vhoee name is subscrited to the within instrument, and acknowledged that he executed the same. WITNESS sy hand andofficial seal the day and.year first above written. Notary Public My commission expires 9 $ Public m o`a m we Cn . Do m 6 m� La as m m 0 U n' s� S J ■may i I � m W rig I. . l.a I w I i. vv . • a _ INTERCUMM DEED w s THIS DEED, made this Lk day of Tufts ' , 19?1, between the United States of O ° o \ America, acting by and through the Forest,Service, Department of 'Agriculture, (O m m hereinafter called Grantor, and Albert G. Timroth, Donna M. Timroth; and 0 Grant C. Timroth, as tenants in common, of P.O. Box 89, Town of Aspen, State of n m Colorado, hereinafter called Grantees. WITNESSETH: The Grantor is authorized to Convey certain National.Forest System lands by the act of January 12, 1983 (96 Stat. 2535; 16 U.S.C..521c). NOW THEREFORE; the Grantor, for and in consideration of land in pitkin. County, Colorado containing 27.845 acres, more or less, the receipt whereof ,is hereby duly acknowledged, does hereby remise, release,'and quitclaim unto the Grantees, its successors and assigns, all it's right, title;' and interest ,' in and to the real property situated in the County of Pitkin, State of Colorado, described.as follows.: Township 10 South. Rance 84 West. 6th R.N. s The West 1/2 of'Lot 33; Section-7 .' Containing 0.785 acres, .more or less. SUBJECT TO: 1. All easements and rights -of -way of record. IN WITNESS WHEREOF, the Grantor by its duly authorized representative hag executed this deed pursuant to the delegation-of authority promulgated in Title 7 CFR 2.42 and 49 F.R. 34283', August 29, 1984. UNITED STATES OF AMERICA WYMAN By: BWTRACIER - BEN L. DEL VI LAR o Acting Forest Supervisor fro White River National Forest Forest Service United States Department of Agriculture ACK:OWLEDGEDUM OF nwiviDIIAL STATE OF COLORADO ) COUNTY OF GARFIELD ) M e M a i a� O1 N� a� On this _& day of :J c(, e , 1911 before -me,. tt% AlACeAAA1. �, a Notary Public in and for said State,' wi h principal office_ in Garfield County, personally appeared Ben L. Del Villar, Acting Forest Supervisor, White River National Forest, known to me to be the person whose name is.subscribed to the within instrument, and acknowledged that he executed . the same. WITNESS my hand and official seal the, day and year first above written. 7000 1 " $ 1 D �J My commission expires Zrootary ublic Dat - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITIQN COUNTY, COLORADO, APPROVING AN EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR - TIMROTH LLLP Resolution No. OW -2005 RECITALS Timroth LLLP ( "Applicant") has applied to the Pitkin County Board of County Commissioners (`BOCC ") to consider a 15 year Extension of Vested Real Property Rights pursuant to Section 4 -140- 30 of the Land Use Code ( "Code "). 2. The parcel is located above the Silverlode/Williams Ranch Subdivision on Lower Smuggler Mountain at the top of Spruce Street; is referred to as Government Lot 33; and is more specifically described in Exhibit A. 3. The parcel contains 1.581 acres, is a non- conforming size parcel in the AFR -10 zone district, and is located outside of the Urban Growth Boundary. 4. Government Lot 33 existed prior to June 12, 1978 and has not merged with any adjacent parcels. The Applicant acquired the parcel in 1997 through a land exchange with the US Forest Service. 5. The Hearing Officer denied the 1041 hazard review and conceptual submission, pursuant to Determination No. 25 -2004. The BOCC found the denial to be a taking, and remediated the taking v m m pursuant to Resolution No. 006 -2005. A 3 year vested right was granted with the approval. N ; m °. 6. The BOCC heard this application at a duly noticed public hearing onApril 13, 2005 at which time m 0 m N evidence and testimony were presented with respect to this application. Ln a m 7. The BOCC finds that 7 year extension of vested rights is& appropriate, given the Applicant's e m m commitment to limit house size. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve an Extension of Vested Property Rights for Timroth LLLP. Statutory vested o rights for the approval granted pursuant to Resolution No. 006 -2005 are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land r Use Code, § 4 -140 and C.R.S., § 24-68 -105. The statutory vested rights granted herein shall expire on .�=� April 13, 2012. oa �g NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 13'h day of March, 2005. w APPROVED AND ADOPTED on the 13 "' day of April, 2005. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklv on the /IoLday of 2005. 111111IIIIIIIIIIIIII IIIIIII IIII lilllIII VIII IIII IIII 50g /20 3 01:00F SILVIA DAVISMITKIN COUNTY CD R 0.00 D 0.00 UUUv1 Resolution No. _(ft-2005 Page 2 APPROVED AS TO FORM: J John Ely Co omey Case #P033 -05 PID# 273707100040 BOARD OF COUNTY COMMISSIONERS 7 aa/TKKIIN COUNTY, COLORADO Patti Kay-ClapVer Chair Date: Q5 -V3.OS APPROVED AS TO CONTENT: Ci en, Community Development Director NIIII IIIII 111111 IIIII IIIiI IAN llllll 111 IIIII llll 11110 510442 Page: .0008' 511 IIIIIIIIIIIIIINIININIIIINIIIIIIIIIINIIIN111111111009/ 0501:00P SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 UUU020 � 45 �06/3a/1997 0pl �D(III111-11DRVI=ll fill �1 /•U[3 1 of I R 6.0e D 11.00 N 0.00 �IN CLERK d RE ' ixrERCHANGS assn . ' - THIS DEED; made thin Lladay of .T - America actin t� -' 1'f7� e, between the Unit Agriculture,' t ' g b7' and through. the Foreat_'$erviee, Department of A (culture hereinafter called Grantor, end A9.9sezt•'•S.4.3'imrotbi Donna, M. TlmrotK, and Grant:-C. Tinrotb,.as tenante in, cc mold, of P.O. Sox 89, Tons of Aspen, State of Colorado, - hereinafter called Grantees: WITNSSSSTHt The Grantor .1 authorized to e6nvey certain National Forest System lands by the act of January 12, 1983 (95 Stat. 2535; 16 II.S.C: 52ffcor ! . NOW THEREFORE, the Grantor, for and in canaideraticm of land. ia Piticia County, Colorado containing does acres, 'more or less, the receipt Whereof'is hereby r dulyaclmoWleflged, dose hereby remise, release, and quitclaim unto the Grante us, 'its successors and assigns all it's right,' title, and interest , in aed to the rani property situated in the County of Piticin, State of_Colorado, described as follows: T knshin Sa South (.. i The Eaet 112 of Lot 33, Section 7 Containing 0-785 acres, more or less, SUBJECT TO: . U-. :7 1. All ensemeatg and rights -of -way of record.:. IN WX=SS WHEREOF, .the Grantor by ita'dulyr authorised representative has executed this pursuant to the delegation of authority promulgated' 7 CFR 2.42 and 49 P.R. 34283, August 29, 1984. STATE of COLoRAno CO=W OF GARFIELII U$ITSD STATES OF AMERICA B81Q L• 1iEL VILLAR Acting Forest Supervisor Whits Riven_ National Forest . ''Fbres£'$eivice' . United 'Stated bermi:tment ot'Agriculture s a m � m ' ,y� o m '-/ 4 m O � �8 m a . i� �n On this r(- day lgjZ .before an, a Notary public in and for said State, 1 ncfpal off �a Garfield'Camty, personally appeared Hen I+. Dal Villar, Acting Forest !� Supervisor, White River National Forest; )mown 'to me to be the person rho. name is eubscribed-to the Within inetrvmeut,'and'a0morledged that he executed b • the same- WITNESS my bond and official seal the day and. year first above Written. 000021 �+' —`/ Public My commission expires � Notary Public N amm o N `om°- m � nemvm v v T qN U) a m �g �z -�X r �a o a J b J I i I � I Ii t0 tot l.n I � � 7 R IN • INTRRCHMGR DEED . '�.. .... W(►,vv THIS DERD, made this (k day of TuM t ' , 19 7, between the Baited States of America, acting by and through the Foree[ Service., Department of 'Agriculture, hereinafter called Grantor, and Albert G. Timroth, Donna M. Timroth; and Grant C. Timroth, as tenants in. common, of p,.0. Sox S9, Town .of Aspen, State of Colorado, hereinafter called Grantees. WMESSETH: The Grantor is authorized to convey certain National. Forest Systam lands by the act of dazivary 12, 1983 (96 Stnt. 2535, 16 U.S.C. .521c).. ' NOW THEREFORR; the Grantor, for and, in cdnaideration of load is Pitkin County, Colorado containing 27.843 ackes,.more or less, the receipt Thereof is hereby, duly aoknowledged, does hereby remise, releass,'and quitclaia unto the Grantees,' its succeeaora and assigns all it's right, title-' and interest ,' in and to the real property situated in the County of pitkin, State of Colorado, deaeribed•as follows: The West 1/2 of 'Lot 33, Section.7 Containing 6.785 acres, pore cr less. 1. All easements and rights -of -way of record. r om m P m .a n am m 4 CNp 0 "a lf7 a" m m w Y IN WIT2iESS WHSR80F, the Grantor by its* duly authorized representative has executed this deed pursuant to the delegation of authority promulgated in Title 7 CFR 2.12 and 49 F.R. 34283-, August 29, 1984. J aw N ee O Mom• Ld m m (D _ � ro 0 ° m al \ Ln a m m � m is U w 0 a N V I BEN L. DEL VILTAR . Acting Forest Supervisor .. White River National'FCrest Forest Satvice - United States Department of'Agriediture STATE OF COLORADO ) . CDVIM OF GARFIRLD ) . On this day of 4 crid2 , 19= before -me. - ✓:rl�Il/ ' ' Aff�26T G,. a Notary public in and for said State; wiEh principal office Garfield County, personally appeared Den L. Del Villsr, Acting Forest 'Supervisor, White River National Forest, known to me to be the person.whose ''name is.subscribed to the within instrument, and acknowledged that'he executed the same. . WITNESS my hand and official seal the day :and year first above written. J U U U 2 2 �(� /�_ "�` My cosmission expires $/ �% Notary I ualic Dat V Y —0 If R d 7; C 4 -t I NA RECEPTION #: 587524,03/1612012 at 03:21:58 PM, 1 OF 3, R $0.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE GOVT 33 LLC SCENIC VIEW PROTECTION REVIEW Determination No. r9 -2012 RECITALS 1. GOVT 33 LLC ("Applicant") has applied to the Pitkin County Community Development Director ( "Director") for scenic view protection review approval to construct a new single family residence. 2. Neighbors Austin and Georgie Gleason and Arnold Porath submitted objections to the application, therefore, the application was continued to a public hearing before the Hearing Officer. 3. The property is located above the Silverlode/Williams Ranch Subdivision on Lower Smuggler Mountain at the top of Spruce Street; and is more specifically described as Lot 33, in Section 7, Township 10 South, Range 84 West of the 6's P.M. 4. The parcel contains 1.581 acres and is a non - conforming size parcel in the TR -2 zone district. 5. The Hearing Officer denied a request for 1041 Hazard Review and Conceptual Submission approval; pursuant to Determination No. 25 -2004. The BOCC then determined that the denial constituted a taking, and remediated the taking by granting approval for development of a single family residence, pursuant to Resolution No. 006 -2005. The BOCC subsequently extended the vested rights for seven years until April 13, 2012, pursuant to Resolution No. 044 -2005. The 1041 Hazard Review Site Plan is recorded in Plat Book 73 at Page 73. Condition #3 of Resolution No. 006 -2005 requires scenic review prior to submission of any building permit applications. 6. The Hearing Officer granted Scenic Overlay Review approval for a driveway to serve the GOVT 33 LLC parcel and the adjacent Smuggler C LLC parcel, pursuant to Determination No. 15 -2004. The owner subsequently obtained an access permit and constructed the driveway. 7. The Hearing Officer considered the application at public hearings on January 19 and February 16, 2012. 8. The Hearing Officer finds that the proposed residence complies with the provisions of Sec. 7-20 - 120(d) of the Code, as it is not located on the most visible portion of the site as seen from Highway 82 and does not project above a ridgeline; the residence is broken up vertically by stepping up and back into the hillside with the upper two floors set back from the lower level; the hip gable roof has a low profile; the residence will be built into the hillside and earth - sheltered on three sides; and earth - toned and natural exterior building materials will be used. 9. The Hearing Officer further finds that the two alternatives proposed by the Applicant to mitigate for potential rockfall hazard and slope instability — (1) tiered Ground Nail Walls on the sides and rear of the residence, or (2) a combination of tiered Ground Nail Walls to the rear and Hybrid Micropile and Ground Nail Wall Systems on the sides of the residence — are feasible and will have negligible visual impacts as seen from Highway 82. With both alternatives the retaining walls will not be visible behind the structure of the residence and the architectural plans/renderings, site plan and landscape plan remain the same. The first alternative can only be accomplished if the Applicant obtains easements for soil O00v23 V « T A N 0 r' O N V � c N � Y o a a O 0 e00 0 Z > Q Hr�! tl W. y W y W N 0 1-c OW to X, r0" Determination No. 1 -2012 Page 2 nails to encroach onto the adjacent properties, and obtains activity envelopes on those properties for the encroachment. 10. The rockfall netting fence below the driveway will provide additional off -site mitigation during construction. THE HEARING OFFICER DOES HEREBY APPROVE the GOVT 33 LLC Scenic View Protection Review, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The conditions of BOCC Resolution No. 006 -2005 shall remain in full force and effect. 2. The Applicant shall submit a lighting plan specifying the location, type and number of exterior fixtures and demonstrating compliance with the County's lighting regulations, for review and approval by the Community Development Department, prior to issuance of a building permit. Exterior lighting shall be prohibited on the west facade, except the minimum required to comply with the building code. 3. The exterior of the residence shall be built or painted with indigenous earth tone materials or colors. All roofs shall have a non - reflective color or composition. Tinting or non - reflective coatings shall be applied to all west facing windows to minimize the reflectivity of these surfaces. 4. 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. The footprint shall be substantially consistent with the site plan attached as Exhibit B, and the west elevation shall be substantially consistent with the graphic representation attached as Exhibit C. 5. If additional structures are identified in the building permit application that cause additional scenic impacts as seen from Highway 82, the Applicant shall obtain scenic review approval for such improvements. 6. The maximum height of the residence's tallest elevation shall not exceed forty (40) feet measured from the natural or finished grade, whichever is more restrictive, to the highest part of the residence, excepting chimneys. 7. Prior to commencement of construction on Lot 33, the Applicant shall install a rockfall netting fence along the length of the downhill side of the driveway through the property, consistent with the fence installed on the adjacent Smuggler C parcel. The fencing shall be located within the Access or Accessory Envelopes. The fencing shall remain in place during construction and for one year after the Certificate of Occupancy is issued for the Lot 33 residence. 8. Soil nails shall only extend onto adjacent properties, if the Applicant obtains easements from the property owners and obtains approval for activity envelopes on those properties for the soil nail encroachments. 9. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. UUUJZ4 Determination No. P, -2012 Page 3 10. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4 -140 and C.R.S., § 24-68 -105. The statutory vested rights granted herein shall expire on Pb ucc /6, 2015. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 20 day of November, 2012. APPROVED AND ADOPTED this W4 day of February, 2012. PUBLISHED AFTER ADOPT FOR �V�E�STED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the A day of (��j , 2012. ATTEST: arInjE Lt 4',looldie, Bonnie Waechtler. Administrative Assistant APPROVED AS TO FORM: John Ely, County Attorney" , P088 -11 PM#273707100040 000025 COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO By.._� James R. True, Hearing Officer Date , t 2— APPROVED AS TO CONTENT: CA Cindy ouben, Community Development Director EXHIBIT RECEPTION #: 589125, 05116/20_ 02:38:47 PM, 1 OF 3, R $0.00 Doc Code RES Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING THE GOVT 33 LLC EXTENSION OF VESTED REAL PROPERTY RIGHTS Resolution No. O�6 -2012 RECITALS 1. GOVT 33 LLC ( "Applicant") has applied to the Pitkin County Board of County Commissioners CBOCC ") to request a one year extension of the vested right to construct a single family residence on the property. The vested rights expire on April 13, 2012. 2. The property is located at 877 Spruce Street, and is more specifically described in Exhibit A. 3. The parcel contains 1.581 acres and is nonconforming in the TR -2 zone district. 4. The Hearing Officer denied a request for 1041 Hazard Review and Conceptual Submission approval, pursuant to Determination No. 25 -2004. The BOCC then determined that the denial constituted a taking, and remediated the taking by granting approval for development of a single family residence, pursuant to Resolution No. 006 -2005. The BOCC subsequently extended the vested rights for seven years until April 13, 2012, pursuant to Resolution No. 044 -2005. The 1041 Hazard Review Site Plan is recorded in Plat Book 73 at Page 73. 5. The Hearing Officer granted Scenic Overlay Review approval for a driveway to serve the GOVT 33 LLC parcel and the adjacent Smuggler C LLC parcel, pursuant to Determination No. 15 -2004. The owner subsequently obtained an access permit and constructed the driveway. 6. The Hearing Officer granted Scenic View Protection Review approval for the residence, pursuant to Determination No. 2 -2012. 7. The Building Department accepted the Applicant's complete building permit application for the residence on March 27, 2012. S. The BOCC heard this application at a regular meeting on April 11, 2012 at which time evidence and testimony were presented with respect to this application. 9. The BOCC finds that the acceptance of a complete building permit application prior to the vesting expiration date gives the Applicant the right to undertake and complete the development under the terms and conditions of the site specific development plan, subject to compliance with the Building Code; and, therefore, that an extension of the vested rights is unnecessary. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does deny the GOVT 33 LLC Extension of Vested Rights. 3 OU0026 Resolution No. -2012 Page 2 DENIED on the I I" day of April, 2012. A T: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO JMichlkagd b J e Jones, ael M. Owsley, C airman Clerk and APPROVED AS TO FORM: John Ely , - t rs iiy ttomey Case #P005 -12 PID 273707100040 Y a 1027 Date: h APPROVED AS TO CONTENT: i r C44 Cindy Hou e , Community Development Director EXHIBIT Warren G. Lichtenstein 777 Spruce Street Aspen, Colorado 81611 January 20, 2014 VIA EMAIL AND U.S. MAIL Raymond and Camilla Auger 709 N. Spruce St. Aspen, CO 81611 7 Come I1 LLC Attn: Peter Fornell PO Box 1747 Springfield, MO 65801 Mitchell H. Caplan 6910 Hillmead Road Bethesda, MD 20817 Porath Family Trust Attn: Arnold and Anne Porath 707 Spruce St. Aspen, CO 81611 William T. and Yvonne McCallum 8100 E. Union Ave., #2404 Denver, CO 80237 Austin and George Anna Gleason 3918 Sunset Shreveport, LA 71109 Re: Spruce Street Improvements Ladies and Gentleman: As you know, individually or through entities, I am the owner of the real properties located at 777 Spruce Street, 888 Spruce Street and 877 Spruce Street, Aspen, Colorado 81611. My home is at 777 Spruce Street and I have another house under construction at 888 Spruce Street. I also intend to construct a residence at 877 Spruce Street (the "Project "). Pursuant to Resolution No. 006 -2005, the Pitkin County Board of County Commissioners approved an Extension of Vested Rights for the Project until April 2012. I applied for and obtained a building permit for the development of the Project prior to expiration of the vested rights associated with Resolution No. 006 -2005, which effectively stayed the expiration so long as the building permit remains active. I intend to submit an application to extend the vested rights for the Project for at least an additional three year vesting period (the "Application for Extension of Vested Rights "). This letter is to confirm my commitment that, upon final approval of the Application for Extension of Vested Rights, I will fund $100,000.00 to complete certain improvements to a portion of 000028 Spruce Street Improvements January 20, 2014 Page 2 Spruce Street as described on Schedule A attached hereto (the "Road Improvements "). We expect the foregoing commitment will be an express condition imposed by the County in connection with the approval of the Application for Extension of Vested Rights. An estimated cost of the Road Improvements is attached hereto as Schedule B (the "Costs "). In addition, I will cover any County permit costs related to the Road Improvements. I will not be obligated to pay any amounts in excess of the Costs and any associated County permit fees for the Road Improvements, rather if you (or any of you) wish to complete additional work or improvements to Spruce Street, such work or improvements will be at your expense. In the event Pitkin County denies the Application for Extension of Vested Rights, I shall have no obligation to commence or complete the Road Improvements and I will likely pursue completion of the Project immediately. However, if Pitkin County approves the Application for Extension of Vested Rights, I will direct my contractor to commence the Road Improvements upon, or just before, completion of construction at 888 Spruce Street, which is expected to be on or before August 31, 2014. In any event, the Road Improvements shall be substantially complete within a single construction season after commencement of work related to the Road Improvements. My contractor will take measures to ensure that access to your homes from Spruce Street is maintained during construction of the Road Improvements. Further, the Road Improvements will in no way damage the existing drainage improvements. Please let me know if you have any questions. Sincerely yours, �= Warren G. Lichtenstein // enclosures Uu�ltJ( I cSc �edu�e �t 00003 Savage Excavation LLC PO BOX 247 Carbondale, CO 81623 10100 Carter Schlumberger 970 - 379 -5421 Ray Simpson 970 - 379 -8575 Name / Address Heritage Builders Inc 0204 ParkAvenue Ste 1H Basalt, CO 81621 Description ROAD CONSTRUCTION Prep shoulders for new tear drop corners Pull ditches and rip rap where ditches are inadequate Place 2" mat over existing road surface SUBTOTAL ROAD CONSTRUCTION. ** *Asphalt work requires 50% down before work starts, and 50% upon completion. Total CiU0031 seheclu.►e b - Date Estimate # 10/1/2013 340 Project Lichtenstein Total 7,350.00 12,250.00 78,279.00 97,879.00 $97,879.00 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMEP AGREEMENT FOR PAYMENT OF DEVELOPMENT APPLICATION PITKIN COUNTY (hereinafter COUNTY) and Govt 33 LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Extension of Vested Riehts (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. APPLICANT and COUNTY agree fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 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 Board of County Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, 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 a base fee in the amount of $ 1,378* which is for 4* hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director APPLICANT: G vt 33 LLC by Warren G. Lichtenstein 1,2y Date *Includes Planning Office flat fee: $1,248 (non - refundable: based on 4 hours of staft'dme). Also included: Clerk fee of $130. U00032 NEW 0 OU033 1 TIMRO TH LLLP (GOVERNMENT LOT 33) 1041 HAZARD REVIEW SITE PLAN PAR. I.F.TIFI GiIDX .IWEA .... 01100'Oa0 1 amour PARCEL E PARCEL G %MER 1 A6a xME..O -ERA VICINITY MAP C13LEGrND ' %W01 A tG GDL1N SURVEY NEWHE.VT RED EXHIBIT O FDUp Op'NW$NT CMKR. 'WILD IM 1 CpYlli nFRMa 4Y, Pltt,N <WNi CASF NO. PCI MJ DnYGD. MONEY EFI ® SLME .10 -tlR amour PARCEL E PARCEL G %MER 1 A6a xME..O -ERA VICINITY MAP C13LEGrND ' %W01 ` 0 GDL1N SURVEY NEWHE.VT RED EXHIBIT 0 FDUp Op'NW$NT CMKR. 'WILD IM 1 CpYlli nFRMa 4Y, Pltt,N <WNi CASF NO. PCI MJ DnYGD. MONEY EFI ® SLME .10 -tlR BLOPEB OI6W ALL OTNM 9LSIEI QRATER THAN ON WILDFIRE HAZMD RATITE . 'SEVERE IMLMDMILGH' ON THE ENTIRE PROPERTY PoVERNENT LOT n A RE/.CT OF LANE RECORDED THE OFFICE OF TIE CLEM ARE RECORDED OF PIIRIN COU4TY CMO� F AF RECEPTION IppERE OEFEn AM MSfN NATFp IN IN MF I/a M THE EE I/A OR ilE E6 /A'fF THE HE I/A AND T* 14 ID DF THE IF 11C OF EFCTICN I, Tp{NW 11 10 RpUTN RAxpE 1. REEi OF iNE RIP 1. Vli ML IFFEDI AN. LWXIY ON 117 fATR OF = PERD WE . MAF Rn T NEARLY OFKRIFFD AS FOLLOFF'. .TM6CXpS /4 rHF C -F 1 /IF CANNER OF SAID SECTION I .1. A S.L.M, SMSI CAP LTTf1E E E J E 0S0 E O0''E E 1 E2. iPEGE Ei 6 41 oiED 03 R HE yE 1 41-35 41 THENCE 10-6 ISO. FiT BIT: E.. FEE yCSE'1• THENCE W ' . C.:IIRETTiD IHE POINT DD EE.INNINp. CONTA.1111. I.6R, ACNE. I. 60A10 OR �COYONTT CBOT issimoat f(pryy� EgEF REVOE WO AItRE TIFFim1W l�YCL&TTY w0;I10i CNNITYLM HAS P.I. �Y�� lII! `V�Vy VT LD FFINSiIOY W, II iFMIS� DWI. 0p1D EWRW � :fast IIEL NAL11D ARVI" AND W11NIN0 APILICAAVI R XYCNLEW. THAT .11. MR SEER NFMXED .f KKR llN IMO IDITTY ANEI1W 01D OF 4W iN 6G F� THAT tNr WNMMY INSIDER. THE PROVIIIOIP F i IE REODUTION. W NOT X AM MY IHE 1 THAT MW ON; 51 DESIGNATED HALUR WILL WE FEES H ML RR ON THAT AMOK. XIIIMI IOF FINENESS WILL MNEDAM TEAEMLIY IROIEFTV. ALL pY: R IALP11 111.11T. R0X iIOTH LLLF 1CC11TANC1 101 EFCO101N0 MIF ID11 MINED REVIEW Mt 1 ACCEPT p DOR FILING IN T FI[E R I DOEN OF IITRIN [pYy WLLpIAW iXll DAY R IN I SOON 11L Mafi S1� AS • Idl r�p' ii 1x T . LONADO 8 Fy+ Cole P oa3 -os PREPARED BY - ASPEN SURVEY ENGINEERS, INC. 710 $MTN GALENA STREET 'sB.wu11. PHONE/FAX DB]O�YS�LIb DATE JOB 210E w1EA PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 PHONE# (970) 920- 5526/FAX# (970) 920 -5439 January 30, 2014 Mitch Haas 420 East Main Street, Suite #10 -B Aspen, CO 81611 mitch@hlpaspen.com Re: GOVT 33 LLC Extension of Vested Rights (PID #2737 - 071 -00 -040; CASE# P009 -14) Dear Mr. Haas The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review by the Board of County Commissioners on Wednesday, March 12, 2014, at a meeting to begin at 12:00 P.M. in the Plaza One Meeting Room at 530 East Main St., Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Community Development Department. If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093 Sincerely, Bonnie Shiles Administrative Assistant PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5526 FAX (970) 920 -5439 MEMORANDUM TO: North Spruce Street Homeowners Association FROM: Suzanne Wolff, Community Development Department Suzanne.wolff a pitkincountLcom RE: GOVT 33 LLC Extension of Vested Rights (CASE P009 -14; PID 2737 - 071 -00 -040) DATE: January 30, 2014 Attached for your review are materials for an application submitted by GOVT 33 LLC. The Board of County Commissioners will review the application on Wednesday, March 12 2014. Please return your comments to me by Friday, February 21, 2014. http• / /www aspenpitkin com/ Portals /0 /docs /county /Com %2ODev /Plaiming /Land Use Applications/ P009 14 app.pdf Thank you. � I N�11M1 To: GOVT 33 LLC 604 West Main Street Aspen, Co 81611 Feed, Invoice Date: August 29, 2014 Case Number P009 -14 )ue upon receipt ..;Unit 12.00 2 %8.J0 Subtotal $ 1,248.00 Sales Tax Total $ 1,248.00 Make all checks payable to Pitkin County Treasurer Thank you ! 130 S Galena St Third Floor Aspen, CO 81611 PITKIN C,�,.,UNTY COMMUNITY DEVELC,0MENT Permit Receipt RECEIPT NUMBER 00035352 Name: January 2014 Date:1/28/2014 Project Address: 877 SPRUCE ST Type: check # 6424 Permit Number 0009.2014 PLAN 0009.2014. PLAN Fee Description PP- Flat Fee PP- Clerk Fee Total: Amount 1,248.00 130.00 1,378.00