HomeMy WebLinkAboutBOCC.packet 06112014 - Glob LodeMEMORANDUM
TO: Board of County Commissioners
Regular Meeting — June 11, 2014
THRU: Cindy Hou , (,o-mmunity Development Director
FROM: Suzanne Wolff, Senior Planner
RE: Globe Lode Minor Amendment, Activity Envelope and Site Plan Review, Special Review
for Development in the Rural /Remote Zone District, and Expansion of a Non - Conforming
Structure
REQUEST: The Applicant is requesting the following:
• Activity Envelope amendment to accommodate the remodel of the existing cabin and a new site for the
additional dwelling unit that was approved in 2009.
• Site Plan Review approval for the remodel of the cabin.
• Special Review approval to allow the Activity Envelope to exceed one -half acre (proposed to be 0.53
acre).
• Expansion of a non - conforming structure to allow a total of 2,258 square feet of floor area, including
the existing and proposed cabins.
APPLICANT: Robert Andrew Williams Revocable Trust
REPRESENTATIVE: Mitch Haas
LOCATION: 250 Lower Hurricane Road; Globe Lode, USMS 6987; Little Annie Basin
ZONYNG/LOT SIZE: Rural/Remote /8.4 acres
BACKGROUND AND EXISTING CONDITIONS:
The Planning Commission granted 1041 hazard review approval, pursuant to Resolution No. 85 -21. The
existing cabin was constructed in 1987 and contains a main floor with loft space above and unfinished
basement mechanical space below. Associated development includes a well, water storage tank and septic
system. The property was rezoned to Rural/Remote in 1994. The Applicant applied in 2001 for an
extension of utilities; the BOCC denied the request, pursuant to Resolution No. 074 -2001.
Pursuant to Resolution No. 0742009, the BOCC granted the following approvals:
• Activity Envelope to encompass the existing cabin and associated development, and the eventual
development of an additional dwelling unit restricted to Resident Occupancy.
• Site Plan Review for a buried water tank.
• Special Review and Site Plan Review to extend an electric service line to the property.
• Special Review and GMQS Exemption for a new 562 square foot deed - restricted dwelling unit.
• Special Review to establish setbacks in the Rural/Remote zone district.
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Pursuant to Resolution No. 085 -2013, the BOCC granted an extension of the vested rights associated with
Resolution No. 074 -2009 to October 23, 2016.
STAFF COMMENTS:
ACTIVI"T"Y ENVELOPE AMENDMENT: The Applicant proposes to amend the previously approved activity
envelope to accommodate an addition to the cabin and a new site for the additional dwelling unit that was
approved in 2009. The new site for the additional dwelling unit is closer to /directly east of the existing
cabin. The proposed amendments to the envelope are consistent with the prior approvals and do not
encroach on constrained areas, and are otherwise consistent with the minor amendment criteria in Sec. 2-20 -
150(b) of the Code.
SPECIAL REVIEW: Special Review approval is required to allow an Activity Envelope that exceeds one -
half acre in size. The Applicant is requesting approval of a 0.53 acre envelope that contains all
development, including the driveway. The proposed minor variation of the one -half acre limitation on the
envelope complies with the Special Review standards in Sec. 2- 30- 30(h)(2) of the Code. All development
on the property will be contained within the envelope. As noted previously, a large portion (7,500 square
feet) of the envelope is occupied by the existing driveway.
EXPANSION OF A NON - CONFORMING STRUCTURE: When the property received approval in 2009 for the
additional square foot dwelling unit, the existing cabin was thought to contain 1,038 square feet of floor
area. The additional dwelling unit was limited to 562 square feet in order to limit development on the
property to a maximum of 1,600 square feet (as allowed in Rural /Remote when two dwellings are
approved). The Applicant has since determined that the existing cabin actually contains 1,510 square feet of
floor area: 625 square feet on the main level, 658 square feet of unfinished basement space and 228 square
feet of loft space. These spaces were legally built in 1987.
As proposed, the remodel will eliminate the loft space and add 375 square feet to the main level for a total
of 1,658 square feet (1,000 square feet on the main level and 658 square feet on the lower level). The
additional dwelling unit is proposed to contain 600 square feet (subject to future Site Plan Review and other
conditions of Resolution No. 074 - 2009). This would make the total floor area on the property 2,258 square
feet. This exceeds the allowable floor area by 658 square feet, which is the amount contained in the existing
basement. The Applicant is requesting that the BOCC approve an expansion of a non - conforming structure
to exceed the allowable floor area to maintain the basement space at its existing height. The other
alternative for the Applicant to retain this space is to fill the basement with dirt/gravel to leave 5'6" or less
of height and to raise and re- install all of the mechanical equipment in the basement. The Applicant
commits to retain the space in its existing unfinished condition.
Sec. 9 -50 -30 of the Code allows the BOCC to permit expansion of a non - conforming structure, subject to
compliance with the following standards:
(a) Adverse Impacts and County Land Use Policies: The Board of County Commissioners finds that any
adverse impacts of the nonconforming use or structure on the neighborhood or the County as a whole
and any inconsistencies with County Land Use Policies in Chapter I to be tolerable.
Response: The proposed increase in floor area will not alter the final appearance of the cabin. The
basement already exists, and will remain if approval is not granted, though with a reduced interior height.
The structure will not cause any adverse impacts on the neighborhood or the County as a whole
(6) Consistency with Master Plans: The structure or use is generally consistent with adopted master
plans for the area and adjacent land uses.
Response: The Maroon /Castle Creek Land Use Master Plan states: "All future development in the
Castle /Maroon Valleys should be consistent with and complimentary to the rural character of the area.
The natural environment should dominate a person's experience of the valleys. To this end residential
development should be defined by extremely low density, single family residential housing of moderate
size and bulk." The existing and proposed structures are consistent with the Master Plan and adjacent
land uses. One of the other residences on Hurricane Road was also built prior to the rezoning of the area
to Rural/Remote and contains approximately 5,460 square feet, which exceeds the allowable floor area in
Rural/Remote.
(c) Building Code Standards, Hardships or Improvements to Function and Appearance: The applicant
demonstrates that the purpose of the development is to:
(1) Meet practical difficulties and hardships that arise from the existing restrictions upon repair,
alteration or restoration; or
(2) Improve the function and appearance of the structure.
Response: The Applicant states that the alternative — to reduce the height of the basement -- presents a
practical difficulty in that it would require that all of the mechanical equipment, lines and pipes be raised
and re- installed.
(d) Development Exactions and Impact Fees: The applicant "takes all required dedications to the
County in accordance with the standards in Chapter 8 for any additional development that is approved
pursuant to this Sec. 9- 50 -30.
Response: The Applicant agrees to comply.
SITE PLAN REVIEW FOR EXPANSION OF CABIN: The cabin will be extended to the south. As noted above,
the Activity Envelope is being adjusted to accommodate the expansion. Constrained areas are avoided.
Two low retaining walls will be installed to the south of the addition, and aspen and other native plants and
shrubs will be planted between and adjacent to the retaining walls. The property is not visible from Castle
Creek Road, and, therefore, is not subject to the Scenic View Protection standards in Sec. 7 -20 -120 of the
Code.
RECOMMENDATION: Staff recommends the BOCC approve the Globe Lode Minor Amendment,
Activity Envelope and Site Plan Review, Special Review, and Expansion of a Non - Conforming Structure,
subject to the attached Resolution.
Application provided separately
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE GLOBE LODE (ROBERT ANDREW WILLIAMS
REVOCABLE TRUST) MINOR AMENDMENT, ACTIVITY ENVELOPE, SITE PLAN REVIEW,
SPECIAL REVIEW FOR DEVELOPMENT IN THE RURAL/REMOTE ZONE DISTRICT, AND
EXPANSION OF A NON - CONFORMING STRUCTURE
Resolution No. -2014
RECITALS
1) Robert Andrew Williams Revocable Trust (hereafter "Applicant ") has applied to the Board of County
Commissioners of Pitkin County ( "BOCC ") for the following:
A) Activity Envelope amendment to accommodate the remodel of the existing cabin and a new site for
the additional dwelling unit that was approved in 2009.
B) Site Plan Review approval for the remodel of the cabin.
C) Special Review approval to allow the Activity Envelope to exceed one -half acre (proposed to be 0.53
acre).
D) Expansion of a non - conforming structure to exceed the allowable floor area to allow a total of 2,25 8
square feet of floor area, including the existing and proposed cabins.
2) The property is located at 250 Lower Hurricane Road, and is more described as the Globe Lode,
USMS No. 6987, Highland Mining District, County of Pitkin, State of Colorado.
3) The parcel contains 8.4 acres and is a nonconforming size parcel in the Rural/Remote zone district.
4) The Planning Commission granted 1041 hazard review approval, pursuant to Resolution No. 85 -21. The
existing cabin was constructed in 1987. The property was rezoned to Rural/Remote in 1994. The BOCC
denied a previous request to extend the electric line, pursuant to Resolution No. 074 -2001.
5) Pursuant to Resolution No. 074 -2009, the BOCC granted the following approvals:
A) Activity Envelope to encompass the existing cabin and associated development, and the eventual
development of an additional dwelling unit restricted to Resident Occupancy.
B) Site Plan Review for a buried water tank.
C) Special Review and Site Plan Review to extend an electric service line to the property.
D) Special Review and GMQS Exemption for a new 562 square foot deed - restricted dwelling unit.
E) Special Review to establish setbacks in the RuraVRemote zone district.
6) Pursuant to Resolution No. 085 -2013, the BOCC granted an extension of the vested rights associated
with Resolution No. 074 -2009 to October 23, 2016.
7) The BOCC heard this application at a duly noticed public hearing on June 11, 2014, at which time
evidence and testimony were presented with respect to this application.
8) The BOCC finds that the request complies with the applicable provisions of the Land Use Code
( "Code "), as follows:
y
Resolution No. _ -201 4
Page 2
A) The amendments to the Activity Envelope are consistent with the prior approvals and do not
encroach on constrained areas, and are otherwise consistent with the minor amendment criteria in
Sec. 2- 20- 150(b) of the Code.
B) The proposed minor variation of the one -half acre limitation on the activity envelope to 0.53 acres
complies with the Special Review standards in Sec. 2- 30- 30(h)(2) of the Code. All development
on the property will be contained within the envelope, and a large portion (7,500 square feet) of
the envelope is occupied by the existing driveway.
C) The property is not visible from Castle Creek Road, and, therefore, is not subject to the scenic
view protection review standards.
D) The proposed expansion of a non - conforming structure complies with the standards of Sec. 9 -50-
30 of the Code. It is appropriate to allow the existing basement of the cabin to remain at its
existing height and count as floor area, rather than to fill the basement with dirt/gravel to leave 5'6"
or less of height and to raise and re- install all of the mechanical equipment in the basement, as long
as the basement remains in an unfinished condition.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the
Matthews Activity Envelope, Site Plan Review and Special Review, subject to the following conditions,
which shall run with the land and be binding on all successors in interest:
l ) The Applicant shall adhere to all material representations made in the current and prior applications and
in public meetings or hearings. Those representations shall be conditions of approval, unless amended by
other conditions.
2) The conditions of BOCC Resolution Nos. 074 -2009 and 085 -2013 shall remain in full force and
effect, except as amended herein.
3) Prior to submission of any further development permit applications for the property, the Applicant
shall be required to submit for approval by the County Attorney and Community Development an
Activity Envelope and Site Plan in accordance with Land Use Code Section 2- 30 -20(g) and
Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to
finalization and recordation of them. The Applicant shall designate the approved setbacks on the
plan: 30' front yard setback (west property line); 35' rear yard setback (east property line); 5' side
yard setback to replace the water tank and 20' side yard setback for above - ground improvements
(north property line); and 100' side yard setback on the south side.
4) The parcel is exempt from Growth Management for up to 2,258 square feet of floor area: 1,000 square
feet on the main level and 658 square feet on the lower level of the cabin; and 600 square feet for the
additional deed - restricted dwelling unit. The lower level of the cabin shall remain in an unfinished
condition, as shown in Exhibit A, and shall not finished or used as habitable space.
5) Concurrent with submission of a building permit application to remodel the cabin, the Applicant shall:
A) Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and
fire protection purposes, and for irrigation purposes, if applicable.
B) Demonstrate that the existing on -site wastewater treatment system is adequate.
C) Complete a fireplace /woodstove registration form with the Community Development
Department, if applicable.
D) Submit a drainage and erosion control plan for review and approval by the Planning Engineer.
E) Submit a construction management plan for review and approval by the Planning Engineer.
C
J
Resolution No. _ -2014
Page 3
F) Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall
specify the native seed mix to be used, the rate at which it will be applied and the method of
cover.
G) Submit a landscaping and tree removal /mitigation plan.
6) Prior to issuance of the building permit to remodel the cabin, the Applicant shall:
A) Pay the applicable road and employee housing impact fees.
B) Obtain an access permit to improve the existing driveway to current County standards, if
required.
7) Areas disturbed by construction shall be re- vegetated within one growing season of the project's
completion.
8) No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
9) Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
81" day of May, 2014.
APPROVED this I Ith day of June, 20014.
ATTEST:
Jeanette Jones, Clerk to the BOCC
APPROVED AS TO CONTENT:
Cindy Houben
Community Development Director
P026- 14;P1D #291112100019
V
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
:1
Robert A. Ittner, Jr., Chair
APPROVED AS TO FORM:
John Ely
County Attorney
Williams Cabin
existing lower /mechanical level conditions
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AN APPLICATION FOR:
MINOR AMENDMEN -r, SIC -rIVITY
ENVELOPE AND SI -rf PLAN REVIEWY
SPECIAL REVIEW TO VARY A
DIMENSIONAL RrQU IREMEN -r,
AND EXPANSION OF A
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HAAS LAND PLfINNIN0, LLC
420 f. Morn► srREEr, surrF 10-B
ASPEN, COLORADO 81611
(9 70) 925 -7819
nvit'ciLeti►dpa4pPirv. ce-M
M"dv 18, 2014
000001 vTc90
PID No. 2911- 121 -00 -019
AN APPLICATION FOR
MINOR AMENDMENT, ACTIVITY ENVELOPE
AND SITE PLAN REVIEW, SPECIAL REVIEW
APPROVAL TO VARY A DIMENSIONAL
REQUIREMENT, AND EXPANSION OF A
NON - CONFORMING STRUCTURE
FOR THE GLOBE LODE
(250 LOWER HURRICANE ROAD)
Submitted by:
Robert Andrew Williams Revocable Trust
16255 Ventura Blvd #800
Encino, CA 91436
(818) 855 -5317
Prepared by:
HAAS LAND PLANNING, LLC
420 E. Main Street, Suite 10 -B
Aspen, CO 81611
Phone: (970) 925 -7819
Email: mitch @hlpaspen.com
000002 PID No. 2911- 121 -00 -019
Globe Lode Rural and Remote Application
TABLE OF CONTENTS
PAGE
Exhibits
Exhibit 1'.
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
Exhibit 6:
Proof of Ownership Land Planning,
Letter of Authorization for Haas
Petrie (Architect) to Represent the Applicant
Pre-Application Conference Summary
BOCC Resolution Nos. 074-2009 and 085-2013
Executed Agreement to Pay Form
'Property Owners' Within 300' Mailing Addresses
LLC and Jim
000003 PID No. 2911-121-00-019
1. INTRODUCTION .................................... * .........
11. EXISTING CONDITIONS ................. ...............................
III. THE PROPOSAL ......................... * ................
IV. REVIEW REQ UIREMENTS..... ........................ ... - ......
A. Minor Amendment ..................
B. Site Plan and Activity Envelope ...... .......... ................. 8
C. special Review Approval to Vary a Dimensional Requirement ..........
10
D. Expansion of a Non-Conforming Structure .................. 6 4 ...............
12
E. Rural Character, Environmental Protection and Natural Hazards---.15
1. Site Preparation and Grading ..............................................
15
15
2. Steep and Potentially Unstable Slopes ........................ 4
........
-16
3. Water Course and Drainage ................... .........
Scenic View Protection/ Rural Character Guidelines ..............
4.
5. Landscaping and Vegetation Protection........ 4 ..............4
........ 17
F. Public Services and Utilities ..... 4 ...4 .............. 4 ........
Exhibits
Exhibit 1'.
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
Exhibit 6:
Proof of Ownership Land Planning,
Letter of Authorization for Haas
Petrie (Architect) to Represent the Applicant
Pre-Application Conference Summary
BOCC Resolution Nos. 074-2009 and 085-2013
Executed Agreement to Pay Form
'Property Owners' Within 300' Mailing Addresses
LLC and Jim
000003 PID No. 2911-121-00-019
I, INTRODUCTION
This application seeks a Minor Amendment to the already approved and vested
Activity Envelope and Site Plan Review that allows for an additional 600 square
foot dwelling unit in the Rural/Remote (RR)
Envelope to district. The
a applicant
proposes amending the approved Activity
of the existing cabin and to include a different location than previously approved
for the new dwelling unit. Special Review approval is also needed to vary a
dimensional requirement of the RR zone district, namely the one -half C12) acre
limit on the size of the Activity Envelope. Additionally, this application requests
Site Plan review approval for the remodel of the existing non - conforming
dwelling unit on the property.
The subject property is an 8.4 acre mining claim known and described as the
Globe Lode, U.S.M.S. No. 6987, Highland Mining District, County of Pitkin,
State
of Colorado. The property is located on the backside of
Andrew Williams Revocable Trust
5
Lowe Hurricane Road. The Robert
(hereinafter "the applicant ") recently purchased s transferred to John Matthews (the
Matthews. Ownership of the Globe Lode
previous owner) via the following three Quitclaim Deeds: (1) from Aspen -
Western Corporation on October 4, 1982, and recorded with the Pitkin County
Clerk and Recorder in Book 433 at Page (2) from Little Annie, Limited Pitkin County Clerk and
Partnership on December 1, 1982, recorded with of A
Recorder in Book 436 at Page 674; and (3) Book 454nat Page 205s and e recorded
on October 17, 1983, and recorded in
November 1, 1983 in Book 454 at Page 742.
Proof of the applicant's ownership is provided in Exhibit 1. Authorization for
Haas Land Planning, LLC, and Jim Petrie (architect) to represent the property
owner for this application is provided in Exhibit 2. A pre - application conference
summary is included herewith as Exhibit 3. BOC ��tedlfee agreemOnt and a lit
085 -2013 are attached as Exhibit 4. Finally, an
of property owners within 300 feet of the subject property are attached as
Exhibits 5 and 6, respectively.
This application is being submitted pursuant to the following sections of the
Pitkin County Land Use Code (the Code): Sectio 2- 20- 150(b), Minor
Amendment to a Development Permit; Section e e 2-30-20(g), Review Criteria for Approval;
Criteria for Approval; Section 2- 30- 30(h)(2), Sp
Sections 7 -10 -50 and 7- 10 -60, Activity Envelope and Site Plan; Section 7- 20 -10, Site
Preparation and Grading; Section 7- 20 -20, Steep and Potentially Unstable Slopes;
Section 7- 20 -30, Water Courses and Drainage; 7- 20-120(e), Rural Character
Guidelines for Building Location; Section 7 -20 -130, Landscape and Vegetation
Globe Lode Rural/Remote Activity Envelope & Site Plan Application
Page 1
Protection; Section 7 -50, Public Services and Utilities; and, Section 9- 50 -30,
Expansion of Non - Conforming Structure.
This application is divided into four sections. Section I provides a brief
introduction to the application, while Section lI furnishes an overview of the
existing conditions of the subject property and s surrounding Secti n IV addresses the
the application summarizes the applicant s proposal.
proposed development's compliance with the review criteria of the Code. For
the reviewer's convenience, all pertinent supporting documents are provided in
the various exhibits to the application.
While the applicant has attempted to address all relevant provisions of the Code,
and to provide sufficient information to enable a thorough evaluation of the
application, questions may arise which require further information and /or
clarification. Haas Land Planning,
LLC, will provide such additional
information as may be required in the course of the application's review.
lication Page 2
005 Globe Lode Rural/Remote Activity Envelope & Site Plan A p p
11. EXISTING CONDITIONS
The subject property is an 8.4 acre mining claim known and described as the
Globe Lode, U.S.M.S. 6987, Highland Mining District, Pitkin County, Colorado,
as described in United States Patent recorded October 19, 1982 in Book 434 at
Page 228 (Reception No. 244870). The Globe Lode is located in the area
commonly referred to as Little Annie Basin, and the existing cabin thereon has an
address of 250 Lower Hurricane Road.
The property is accessed from an existing gravel driveway that originates at
Lower Hurricane Road, via Little Annie and Castle Creek Roads. Said driveway
is in compliance with county standards. Above the driveway and large parking
area is an old jeep road that does not lead to any other property or connect with
any other road. Lower Hurricane Road traverses several mining claims. The
property benefits from access easements across these properties and there is also
an underground utility easement.
The predominant vegetation on the property is aspen trees and some scattered
conifers. The entire area maintains a cover of native brush and grass, most of
which is 4 -feet in height or less. The property is considered to have a low -to-
moderate wildfire hazard. There are no mapped Pitkin County - regulated
wildlife habitat types affecting the Globe Lode. The property contains areas
mapped for geologic hazards in the form of potentially unstable slopes (slopes in
excess of 30 %) and avalanche areas. the
In August of 1985, Dr. Nicholas La epios,O1�haza dgthat�could affect the
Globe Lode, and found that there we geologic
proposed structure as it was sited. Dr. Lampiris found that because the site was
on a gently sloping ridge between two deeply incised gullies, there was no
potential for flooding, debris flows or snow slides reaching the site.
Additionally, no evidence of rockfall was noted on the ridge, and the topography
is such that any infrequent rockfall would lead to the gullies rather than the
ridge. Therefore, contrary to the mapping, field - verification determined that
there is no avalanche hazard affecting the subject property. Furthermore, Jeffrey
L. Hynes, an Engineering Geologist with the State of Colorado Department of
Natural Resources, found the site to be suitable for residential development in
September of 1985. While 1985 was nearly twenty years ago the intervening time
period equates to almost nothing in "geologic time," where a thousand years ago
is considered relatively recent.
1041 Hazard Review approval was granted to the property pursuant to
Resolution No. 85 -21. All of the aforementioned recommendations were
followed when the existing cabin and driveway were built, and the cabin was
legally established, as demonstrated by the Building Permit issued by the Pitkin
000006 Globe Lade Rural /Remote Activity Envelope & site Plan Application
Page 3
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County Building Department on June 3, 1987. The cabin faces south and west
and has a wood deck along its front and side. There is a gable roof over the deck
on the cabin's west side. It has a main floor with loft space above and unfinished
basement mechanical space below. There is also a well, water storage tank and a
septic system. The property was later rezoned to Rural /Remote, in 1994.
When this property went through and received Activity Envelope approval in
2009, it was represented that the cabin contained 1,038 square feet of floor area.
It has since been determined that the cabin actually contains approximately 1,510
square feet (625sf on the main level, 658sf in the unfinished basement (measure
to the outside of the concrete walls), and 228sf in the loft area). At the time of its
1987 construction, the unfinished basement space was exempt from floor area
calculations but under the current code results in the structure being
nonconforming.
Pursuant to Resolution No. 074 -2009, the BOCC granted the following approvals:
• Activity Envelope approval to encompass the existing cabin and
associated development, as well as the eventual development of an
additional dwelling unit restricted to Resident Occupancy.
• Site Plan review for a buried water tank.
• Special Review and Site Plan Review to extend an electric service line to
the property.
• Special Review and GMQS Exemption for a new 562 square foot deed -
restricted (R.O.) dwelling unit.
• Special Review to establish setbacks in the Rural/ Remo
zone district.
BOCC Resolution No. 085 -2013 granted an extension of the vested rights
associated with the Resolution No. 074 -2009 approvals until October 23, 2016.
The electric service line has been trenched and buried under the driveway, but
none of the other improvements allowed under the 2009 approval have
commenced.
At the time of the 1041 approval in 1985, the then applicant had every right to
develop significantly more square footage, and connect to electrical service.
Instead, he chose to build a small cabin and give alternative energy sources a try.
Some seven years after the home was built, in 1994, the property was
downzoned to its current Rural/ Remote (RR) designation.
Little Annie and Lower Hurricane Roads are plowed up to the property below
the Globe Lode. The two closest homes to this property are a 1,097 square foot
cabin on 10 acres of land, and a 5,460 square foot home on 2 acres of land. Both
of these properties are owned by the Javier Trust (actor Antonio Banderas) and
were rezoned to the RR designation at the same time as was the subject property.
Globe Lode Rural/Remote Activity Envelope & Site Plan Application Page 4
000013
III. THE PROPOSAL
The applicant proposes the designation of an Activity Envelope with an area of
approximately 23,090 square feet (0.53 acre) to accommodate the remodel of the
existing cabin and the eventual development of the new dwelling unit in a
different location than was approved in 2009. This requires a Minor Amendment
to the approved Activity Envelope and Special Review approval to vary a
dimensional requirement of the Rural /Remote Zone District, namely the one-
half (1/2) acre limit on Activity Envelopes. The Special Review request is only
1,310 square feet (or 0.03 acre) more than what is allowed by- right, and includes
over 7,500 square feet of existing driveway within the Activity Envelope. In
other words, without the envelope being made to encompass the existing
driveway, the total Activity Envelope would only be approximately 0.36 of an
acre.
The applicant is also seeking Site Plan review approval for the remodeling of the
existing cabin. As proposed, the remodel will entail elimination of the existing
loft space and the addition of 375sf to the main level for a total of 1,658 square
feet (1,000sf main level, and 658sf in the unfinished basement as measured to the
outside of concrete walls). The additional dwelling unit will be subject to future
Site Plan Review but is proposed herein to contain up to 600 square feet, making
the total floor area on the property 2,258 square feet (658sf of which is in the
unfinished basement space beneath the existing cabin). Since this exceeds the
allowable floor area in the RR zone by 658 square feet, approval is also needed
for expansion of a non - conforming structure, in essence exempting the existing,
unfinished basement space.
If the applicant has to include the existing, legally built nonconforming basement
space in the 1,600 square foot floor area limitation for this property, the outcome
will be forcing him to fill the basement with enough dirt/ gravel to leave only 5'-
6" of remaining head space. There is no public health, safety or welfare rationale
whatsoever to requiring as much. The only result would be a major cost and
hassle for the property owner as he would have to raise by three feet everything
shown below the red line drawn onto the photos provided in the accompanying
plans set to instead sit atop the new floor height. The equipment and lines that
would need to be raised and re- installed include the water softener, the water
service lines, several floor drains, the water heater, the gas boiler, the wood
boiler, septic and other plumbing lines, the sill height of the external cellar access
doors, and other mechanical equipment and lines /pipes. The existing basement
mechanical level has remained in an unfinished, concrete condition (see photos)
and the applicant is willing to commit to the space remaining in this unfinished
condition and subject to inspection if the Board will allow the space to be
maintained at its existing height.
Globe Lode Rural /Remote Activity Envelope & Site Plan Application
Page 5
000014
Even if the applicant must fill the basement mechanical space with enough
dirt/ gravel to qualify as an exempt crawl space, the cabin remodel will still occur
as designed and shown on the accompanying plans set and the appearance of the
structure from outside will not change. It will not appear to be any larger or
smaller regardless of the head height in the unfinished, lower level mechanical
space. As such, there is no benefit to be enjoyed or gained by anyone by making
the applicant fill the lower three feet of the basement mechanical area. Further,
there is no concern for precedent to be established by allowing this unfinished
mechanical space to remain in its current condition (but with only a floor hatch
and external access) and as space exempt from floor area limits since doing so
would be based on the above - described, case - specific circumstances. Finally, it is
noted that the nearest neighboring structure is a nonconforming 5,460 square
foot home on 2 acres of Rural/ Remote land. The subject property is 8.4 acres.
Access to the site will continue to come from Lower Hurricane Road. Mr. Art
Hougiand, a Pitkin County approved wildfire expert, has previously rated the
wildfire hazard on the subject property as "Medium." Other than the existence
of slopes with grades in excess of 30% and the modest geologic hazards
identified by Nick Lampiris in 1985, the subject site is not affected by any
mapped hazards. Floodplains, wetlands, riparian areas, alluvial fans, talus
slopes, Mancos shale, faults, expansive soil /rock, ground subsistence, or
historical or archaeological resources do not affect the property. The proposed
activity envelope does not contain any slopes of greater than 30 %.
Although the 2009 Resolution states that the applicant must provide a title
history for the parcel and proof of non - merger, as well as proof of adequate
water supply when submitting an application for Site Plan review for the new
dwelling unit (see Condition 2.A -E of the approval), at this time the applicant is
only seeking Site Plan review for the remodel of the existing cabin. When the
applicant submits a request for Site Plan review approval for the new dwelling
unit, these issues will be addressed.
Even though the property is not visible from Castle Creek Road, the Rural
Character Guidelines of the Scenic View Protection Area (Code Section 7-20 -
120(e)) are still addressed below.
Globe Lode Rural /Remote Activity Envelope & Site Plan Application Page b
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IV. REVIEW REQUIREMENTS
The applicable review standards of the Code are addressed in this section of the
application and in the following order:
A) Minor Amendment to a Development Permit ( §2- 20- 150(b);
B) Site Plan and Activity Envelope ( §2- 30- 20(g)(2)(3), §7- 10 -50, and §7- 10 -60);
C) Special Review Approval to Vary a Dimensional Requirement of the
Rural /Remote Zone District ( §2- 30- 30(h));
D) Expansion of a Non - Conforming Structure (§ 9- 50 -30);
E) Rural Character, Environmental Protection, and Natural Hazards (§ 7 -20):
1. Site Preparation and Grading (§ 7- 20 -10);
2. Steep and Potentially Unstable Slopes (§ 7- 20 -20);
3. Water Course and Drainage (§ 7- 20 -30);
4. Scenic View Protection/ Rural Character Guidelines (§ 7 -20 -120);
5. Landscaping and Vegetation Protection (§ 7 -20 -130); and,
F) Public Services and Utilities (§ 7 -50)
A. Minor Amendment to a Develo meet Permit, Section 2 -20 -150 b
As mentioned above, the property received Activity Envelope approval pursuant
to BOCC Resolution No. 074 -2009. The applicant would now like to amend the
approved Activity Envelope in order to accommodate the proposed remodel of
the existing cabin and to move the location of the future Resident Occupied
cabin. As a minor amendment to a development permit, this request may be
approved upon confirmation that the application meets the criteria of Section 2-
20-150(b) of the Code. Said Section of the Code requires a finding that the
request:
(1) Is consistent znith action(s) taken during previous development approvals for the
property; and
d development betz
(2) Does not change the use of the propose
neen residential, commercial
and tourist accommodation uses; and
(3) Does not change the basic character of the approved use of land on zohich the activity
occurs, including basic visual appearance and inethod of operation; and
(4) Does not constitute a ne7v land development activity; and
(5) Does not increase off -site impacts in the surrounding neighborhood; and
(6) Does not endanger the public health, safety or Welfare; and
(7) Does not violate any Land Use Code standard; and
000023 Globe Lode Rural/Remote Activity Envelope & site Plan Application
Page 7
(8) Does not substantially increase the need for oil -site parking or utilities, or affect
affordable housing generation; and
(9) Does not increase the floor area of the use by more than five (5) percent or decrease
the open space on the site by more than five (5) percent.
The proposed amendment to the previously approved Activity Envelope is
consistent with the actions taken during the 2009 approvals. The
property/ development will remain residential. The proposed change does not
alter the basic character of the approved use of land, including the basic visual
appearance or method of operation, nor does it constitute a new land
development activity. The change proposed does not increase off -site impacts in
the surrounding neighborhood. Furthermore, the proposed change will not
endanger the public health, safety or welfare, and does not violate any Land Use
Code standard. Finally, the proposed change to the Activity Envelope does not
increase the need for on -site parking or utilities, does not affect affordable
housing generation, and does not increase the floor area or decrease the open
space on the site. The future development of a detached, Resident Occupied
cabin will remain subject to Site Plan Review.
B. Site Plan and Activity Envelope, Sections 2-30-20(g)(3),7-10-50 and 7 -10 -60
Under Section 2- 30- 20(g)(3) of the Code,
An application for designation of an Activity Envelope shall be approved
if it complies with the standards and criteria established in Sec. 7- 10 -50. If
the applicant chooses to apply for definition of an Activity Envelope
separately from approval of a Site Plan, the Activity Envelope shall be
designed to accommodate the largest home and related septic field
possible on the site pursuant to Table 5 -1 after the use of TDRs or a
GMQS allocation to increase house size.
In this case, the applicant is re- applying for designation of an Activity Envelope
with an area of approximately 23,090 square feet (0.53 acre) to accommodate the
existing home and its remodeling, existing equipment on the site (i.e., propane
tank, satellite dish, buried water tank, etc.), a new dwelling unit in the future,
and the existing driveway. This 0.53 -acre Activity Envelope also requires Special
Review approval to slightly vary a dimensional requirement of the
Rural /Remote Zone District, namely the one -half 0/2) acre limit on Activity
Envelopes. The Special Review request is only 1,310 square feet (or 0.03 acre)
more than what is allowed by- right, and includes over 7,500 square feet of
existing driveway within the Activity Envelope. In other words, without the
envelope being made to encompass the existing driveway, the total Activity
Envelope would only be approximately 0.36 of an acre.
Globe Lode Rural/Remote Activity Envelope & Site Plan Application
Page $
0OU024
An application for Site Plan Review for the new Resident Occupied cabin will be
submitted at a later date. It is understood that prior to the issuance of a
Development Permit for the new cabin, the applicant will be required to submit
an application for and gain approval of a Site Plan confirming that the proposed
development is consistent with the defined Activity Envelope and with other
standards of the Land Use Code not being addressed at this time. Additionally,
BOCC Resolution No. 074 -2009 provides additional items that must be addressed
in the Site Plan application for the new cabin (See Condition 2 of the Resolution).
Those conditions will be satisfied at the time of Site Plan Review for the
additional cabin, as required.
In order for designation of an Activity Envelope to be approved, the standards
and criteria of Section 7 -10 -50 must be followed. The proposed Activity
Envelope assures avoidance of "Constrained Areas" which, according to Section
7- 10 -50, include:
(1) Areas of Statewide Interest listed in CR.S. 24 -65.1 -101 et. seq.), (ii)
steep and potentially unstable slopes, (iii) water courses, drainage
channels, and areas subject to erosion, (iv) floodplain hazard areas, (v)
geological hazard areas, (vi) severe or low to moderate wildfire hazard
areas, (vii) wildlife habitat areas, (viii) river and stream corridors and
wetlands (ix) irrigated lands for food or crop production, (x) historic
preservation areas, and (xi) archeological resource areas.
All "Constrained Areas" on the subject property will be avoided, as addressed in
greater detail later in this application. The amended Activity Envelop and
proposed development minimizes impacts on surrounding properties,
maximizes compliance with the requirements of the development standards in
Chapter 7 of the Code, and maximizes compliance with Comprehensive Plan
goals and objectives.
After the Activity Envelope is defined and the Site Plan is approved, all
applicable local, state and federal permits will be obtained prior to any clearing,
grading, grubbing, or earthmoving that exceeds fifty (50) cubic yards, or changes
the natural drainage of the site. The natural grade, topography, vegetation and
drainage of areas outside the activity envelope will not be disturbed, except as
specifically permitted by the Code. Prior to any development activity on the
parcel, the boundaries of the activity envelope will be identified with
construction fencing, and such fencing will remain in place until development
has been completed.
Section 7 -20 -50 of the Code identifies development standards applicable to
specific geologic hazard areas, including avalanche areas, landslide areas, rock
fall areas, alluvial fans, talus slopes, Mancos shale, faults, expansive soil and
000025 Globe Lode Rural /Remote Activity Envelope & Site Plan Application Page 9
rock, and ground subsistence. None of these geologic hazards have been found
to affect the proposed activity envelope area on this property.
C. Special Review Approval to Vaq a Dimensional Requirement
Table 5 -1.A of the Pitkin County Land Use Code (the Code), at footnote number
1, provides that dimensional standards in the RR zone district may be varied by
special review pursuant to the provisions of Section 3- 40 -20, including the 1/2 -acre
limit on the size of the Activity Envelope.
Section 2- 30- 30(h)(2) of the Code provides a list of criteria that must be met in
order for the BOCC, the Hearing Officer and/or the Community Development
Director to approve a special review use. Outlined below in italicized print are
the criteria that must be met, followed by a description of the proposal's
compliance and/or consistency therewith, as applicable.
(a) The special revieW use shall be consistent zoith the applicable County Master
Plan.
(b) The special revieu1 use shall not conflict a4th any applicable sections of the
Pitkin Country Land Use Code, including the County Land Use Policies in
Chapter 1.
This special review request is not for a use but is instead for a minor variation to
a dimensional standard. The slight variation on the one -half acre limitation on
R/R Activity Envelopes requested herein is consistent with the County Master
Plan and does not conflict with the Land Use Policies in Chapter 1 of the Code.
All proposed and eventual development on the subject $.3 -acre property will be
clustered in the Activity Envelope. However, the length and configuration of the
existing driveway makes it necessary for the slight increase in the 1/2 -acre
limitation. As mentioned above, the driveway encompasses approximately 7,500
square feet of the overall 23,090 square feet of proposed Activity Envelope. In
other words, without the envelope being made to encompass the existing
driveway, the total Activity Envelope would only be approximately 0.36 of an
acre.
(c) The proposed development must not materially endanger the public health,
safety or zoelfare.
(d) The proposed development must not substantially injure the value of
adjoining or abutting property.
The slightly greater than 1/2 -acre Activity Envelope, of which more than 32%
merely encompasses and accommodates the existing driveway, will not
endanger the public health, safety, or welfare in any way. Similarly, it will not in
any way injure the value of adjoining or abutting properties-
0 0 0 02 =Globe Lode Rural/Remote Activity Envelope & Site Plan Application Page 10
(e) The special reviezc? use shall be consistent u7ith the intent of the zone district
in Which it is proposed to be located.
(0 The special reviezo use shall be compatible zoith the character of the immediate
vicinity of the parcel proposed for development and surrounding land uses, or
shall enhance the mixture of complimentary uses and activities in the
immediate vicinity of the parcel proposed for development.
Again, this special review request is not for a use but is instead for a minor
variation to a dimensional standard. The proposed Activity Envelope is
consistent with the Rural and Remote Zone District, and it is compatible with the
character of the immediate vicinity of the parcel.
(g) The location, size, design and operating characteristics of the proposed special
review use must be in harmony With the surrounding area and minimize
adverse effects, including visual impacts, impacts on pedestrian and vehicular
circulation, traffic generation, parking, trash, service delivery, air /water
pollution or other impacts on natural resources, noise, vibrations and odor on
surrounding properties.
The location, size, design and operating characteristics of the Activity Envelope
are in harmony with the surrounding area. The slight increase in its size will
have no adverse affect on the surrounding area.
(h) There must be adequate public facilities and services to serve the special
reviezn use, including but not limited to roads, potable mater, sewer, solid
zoaste, parks, police, fire protection, emergency medical services, hospital and
medical services, drainage systems, and schools.
Again, this special review request is not for a use but is instead for a minor
variation to a dimensional standard. Special review approval to increase the area
of the Activity Envelope by 1,310 square feet will not result in any additional
demand or needs with regard to public facilities or services.
(i) The proposed special revieWy use must comply with any additional standards
or requirements stated for such use in Sec. 4 -30 and/or Sec. 240 -20.
There are no additional standards or requirements stated in Sections 4 -30 and 2-
40-20 of the Code that are applicable to a slight increase in the size of the Activity
Envelope.
Globe Lode Rural/Remote Activity Envelope & Site Plan Application Page 11
000027
D. Expansion of a Non - Conforming Structure Section 9 -50 -30
When the property received its approvals in 2009 for the new dwelling unit, the
existing cabin on the property was thought to contain 1,038 square feet of floor
area. After the approvals were granted for the future development of an
additional 600 foot, resident - occupied dwelling unit on the property, it was
determined that the existing cabin actually contains approximately 1,510 square
feet of floor area (625sf on the main level, another 658sf of unfinished basement
mechanical space, and 228sf of loft space).
As proposed, the remodel will entail elimination of the existing 228 square foot
loft space and the addition of 375sf to the main level for a total of 1,658 square
feet (1,000sf main level, and 658sf in the unfinished basement as measured to the
outside of the concrete walls). The additional dwelling unit will be subject to
future Site Plan Review but is proposed herein to contain up to 600 square feet,
making the total floor area on the property 2,258 square feet split between two
detached cabins (658sf of which is in the unfinished basement space beneath the
existing cabin). Since this exceeds the allowable floor area in the Rural/ Remote
zone by exactly the area of the unfinished basement mechanical space, approval
is also needed for expansion of a non - conforming structure, in essence exempting
the existing, unfinished basement space.
If the applicant has to include the existing, legally built nonconforming basement
space in the 1,600 square f oot floor area limitation for this property, the outcome
will be forcing him to fill the basement with enough dirt/ gravel to leave only 5'-
6" of remaining head space. There is no public health, safety or welfare rationale
whatsoever to requiring as much. The only result would be a major cost and
hassle for the property owner as he would have to raise by three feet everything
shown below the red line drawn onto the photos provided in the accompanying
plans set to instead sit atop the new floor height. The equipment and lines that
would need to be raised and re- installed include the water softener, the water
service lines, several floor drains, the water heater, the gas boiler, the wood
boiler, septic and other plumbing lines, the sill height of the external cellar access
doors, and other mechanical equipment and lines /pipes. The existing basement
mechanical level has remained in an unfinished, concrete condition (see photos)
and the applicant is willing to commit to the space remaining in this unfinished
condition and subject to inspection if the Board will allow the space to be
maintained at its existing height.
Even if the applicant must fill the basement mechanical space with enough
dirt/ gravel to qualify as an exempt crawl space, the cabin remodel will still occur
as designed and shown on the accompanying plans set and the appearance of the
structure from outside will not change. It will not appear to be any larger or
smaller regardless of the head height in the unfinished, lower level mechanical
00002 Globe Lode Rural /Remote Activity Envelope & Site Plan Application Page 12
space. As such, there is no benefit to be enjoyed or gained by anyone by making
the applicant fill the lower three feet of the basement mechanical area. Further,
there is no concern for precedent to be established by allowing this unfinished
mechanical space to remain in its current condition and as space exempt from
floor area limits since doing so would be based on the above - described, case -
specific circumstances. Finally, it should be noted that the nearest neighboring
structure is a nonconforming 5,460 square foot home on 2 acres of Rural/ Remote
land. The subject property is 8.4 acres.
In order for the restoration to be considered insignificant under Section 9 -50 -20 of
the Code, the non - conformity may not be increased. This includes expansion of
the floor area where the floor area for the zone district has been exceeded. Since
the applicant is requesting 2,258 square feet of floor area where a maximum of
1,600 square feet is allowed in the R/R zone, this request must instead be viewed
under Code Section 9- 50 -30, which states that,
The Board of County Commissioners may permit modifications to a non-
conforming structure or use that does not meet the standards of Sec. 9 -50-
20, subject to compliance with the standards in this section.
The standards of Section 9 -50 -30 are enumerated below in italicized text, and each
is followed by a response indicating compliance, as applicable.
(a) Adverse Impacts and County Land Use Policies
The Board of County Commissioners finds that any adverse impacts of the
nonconforming use or structure on the neighborhood or the County as a whole and any
inconsistencies with County Land Use Policies in Chapter 1 to be tolerable.
Please also refer to the narratives provided above. The proposed increase in
floor area of the cabin will not alter the final appearance of the structure. If this
request is not approved, the applicant will still remodel the existing cabin as
currently proposed, only he will be forced to fill in the bottom three feet of the
existing basement space with dirt / gravel in order to be in compliance with the
1,600 square foot maximum floor area in the R/R zone. No difference in the
cabin's outward appearance would result. The unfinished basement, mechanical
space is not used as living area. The applicant is willing to commit to the space
remaining in this unfinished condition and subject to inspection.
Approval of this request will not cause any adverse impacts on the neighborhood
of the County as a whole. Further, no inconsistencies with County Land Use
Policies would result either. With regard to the neighborhood and the County
Land Use Policies, it is also noted that, when the existing cabin was built, the
property was not subject to the 1,600 square foot limit that has since been
imposed. Furthermore, the applicant's closest neighbor has a home with
approximately 5,460 square feet of floor area on a lot with an area of just 2 acres.
Globe Lode Rural /Remote Activity Envelope & Site Plan Application Page 13
000029
The applicant is seeking a total floor area of less than half of that, divided
between two detached cabins, on a lot that is more than four times larger than
the one with the 5,460 square foot home. Moreover, a denial of this very
reasonable and fair request will result in absolutely no difference to what will be
visible to anyone.
(h) Consistency with Master Plans
The structure or use is generally consistent with adopted master plans for the area and
adjacent land uses.
The existing cabin will continue to be consistent with both the master plan for the
area and the adjacent land uses. The cabin will still be less than half the square
footage of the nearest home, and it will still be the same size in terms of height,
bulk and mass regardless of whether the basement mechanical space gets filled
with dirt / gravel.
(c) Building Code Standards, Hardships or Improvements to Function and Appearance
The applicant demonstrates that the purpose of the development is to:
(1) Meet practical difficulties and hardships that arise from the existing restrictions upon
repair, alteration or restoration; or
(2) Improve the function and appearance of the structure.
The requested floor area exemption will improve the function and appearance of
the structure. Even with the additional square footage there will still be only
1,000 square feet of actual living space. The 658 square feet (measured to the
outside of the concrete walls) of mechanical space located in the lower level is
and will remain unfinished.
When the space was legally built, it was well below the applicable limits of the
then applicable zoning. The property and surrounding area was then
significantly downzoned such that the current restrictions impose a practical
difficulty on the remodel inasmuch as said restrictions would result a major cost
and hassle for the property owner as he would have to raise by three feet
everything shown below the red line ent and onto that photos
ould need to be raised
accompanying plans set. The equip
and re- installed include the water softener, the water service lines, several floor
drains, the water heater, the gas boiler, the wood boiler, septic and other
plumbing lines, the sill height of the external cellar access doors, and other
mechanical equipment and lines/ pipes.
Globe Lode RuraURemote Activity Envelope & Site Plan Application
Page 14
000030
(d) Development Exactions and Impact Fees
The applicant makes all required dedications to the County in accordance with the
standards in Chapter 8 for any additional development that is approved pursuant to this
Sec. 9- 50 -30.
The applicant will pay all applicable exactions and impact fees at the time of
building permit issuance for the remodel.
E. Rural Character Environmental Protection and Natural Hazards
(Section 7 -20
1. Site Preparation and Grading, Section 7 -20 -10
The proposed amendment of the Activity Envelope continues to ensure
consistency with the requirements of Section 7- 20 -10. In accordance with Section
7- 20- 10(a), all grading and fill placement will take place within the defined
Activity Envelope, and all grading and fill placement exceeding 50 cubic yards
is /will (for future Site Plan review(s)) be indicated on the Site Plan.
Pursuant to Code Section 7- 20- 10(b), all clearing or grubbing of land, or removal
of vegetation will take place within the amended Activity Envelope, except for
the removal of noxious weeds or requirements necessary for wildfire mitigation,
both of which may occur outside of the Activity Envelope, if/ as necessary.
Section 7- 20 -10(c) governs tree removal and mitigation. The applicant
understands that each tree with six (6) inches or larger diameter at breast height
(D.B.H.) that is removed within the Activity Envelope shall be replaced with one
(1) or more trees with total D.B.H. at least equal to the caliper(s) of the tree(s)
removed, unless the tree(s) are diseased, or required to be removed pursuant to
the provisions of Section 7- 20 -60. All revegetation shall also comply with the
Pitkin County Rvvegetation Guidelines. The applicant further understands that
any required trees that do not survive for at least one (1) year after installation
will need to be replaced. No regulated tree removals are currently anticipated
but this will be verified as part of the building permit application review.
The applicant will use care to protect the natural terrain and other natural
features of the landscape (there is no stream vegetation on the property) within
the Activity Envelope, in accord with Section 7- 20- 10(d).
2. Steep and Potentially Unstable Slopes, Section 7 -20 -20
Section 7 -20 -20 of the Code provides standards for the review of development
proposed on steep and potentially unstable slopes. Subsection (d) states that
development is permitted on slopes with less than a thirty (30) percent gradient.
000031 Globe Lode Rural/Remote Activity Envelope & Site Plan Application
Page 15
The slopes in the proposed Activity Envelope that are over thirty (30) percent are
all on previously disturbed ground. These slopes are the result of the driveway
construction and cuts, and the existing roadbed at the top of the site. Since these
slopes are the result of man -made disturbances they qualify under the Code as
minor slope anomalies. Dr. Nicholas Lampiris, a geologist licensed in the State
of Colorado, found that because the site is on a gently sloping ridge between two
deeply incised gullies, there is no potential for flooding, debris flows, or snow
slides reaching the site. The proposed development will not cause greater
instability or increase the potential for slope failure. Areas with naturally
occurring slopes in excess of thirty (30) percent have been avoided via exclusion
from the activity envelope.
3. Water Course and Drainage, Section 7 -20 -30
A conceptual grading, drainage and erosion control plan for the remodel of the
existing cabin has been prepared by SGM consulting engineers and is attached to
this application. An additional plan will be provided at the time of Site Plan
Review for the new dwelling unit, and final drainage and erosion control plans
will be submitted with building permit applications.
The proposed development of the site will demonstrate maintenance of historic
drainage patterns to reasonably preserve the natural character of the site and
prevent property damage. The flow of natural watercourses will not be
impeded, and adequate drainage will be provided for all low points. On -site
treatment of storm water will be designed to detain and allow infiltration of
runoff prior to discharge to any water body.
All erosion related impacts associated with development of the property will be
minimized and will be further addressed as part of the Site Plan Review and
building permit applications for the new dwelling unit. Erosion control will be
accomplished by minimizing disturbance to natural vegetation and soil cover,
ensuring that all cuts and fills are adequately designed and revegetated, and
providing provisions for protection of vegetation from fire.
Runoff volumes and peaks within the development site and in areas affected by
runoff from the development site will not exceed the levels attributable to the
undeveloped site as determined by a professional engineer licensed in the State
of Colorado. The drainage related improvements discussed above would also
aid in minimizing erosion. The development will not affect irrigation of any
agricultural lands, and it will not adversely affect the exercise of any existing and
decreed irrigation water right. There is and will be no flood irrigation on the
subject property. A permitted on -site wastewater treatment system already
exists in a location where it is not impacted by flood irrigation or seepage from
000032 Globe Lode Rural/Remote Activity Envelope & Site Plan Application Page 16
irrigation ditches. Sedimentation controls will be implemented before and
throughout development, and there will be no runoff into any water body,
wetlands, or riparian area.
Finally, use and development of the property will comply with all state and
federal statutes and regulations concerning the protection and enhancement of
water quality, and will be consistent with maintenance of the Stream
Classifications for the Roaring Fork River watershed, as identified in Section 208
of the Roaring Fork Watershed Management Plan, while emphasizing the most
efficient use of water. This development shall not result in the introduction of
any contaminants to groundwater, or interfere with any recharge area or aquifer.
No building shall be constructed immediately downhill of a ditch.
4. Scenic View Protection/Rural Character Guidelines, Section 7 -20 -120
Section 7- 20- 120(d) of the Code, Standards for Scenic View Protection, does not
apply as the property is not visible from Castle Creek Road. However, Section 7-
20-120(e) of the Code provides guidelines for all development in the "Rural
Area" and states that,
All development in Rural Areas should be located so that activities and
development occur in one or a combination of the following locations as
they may apply to the particular property: (I) at the edge of an open
meadow or pasture; (2) behind an existing stand of vegetation; (3) behind
or built into a change in natural topography; or (4) within a pasture or
meadow, clustered in the form of a ranch compound, or adjacent to or
integrated into an existing ranch compound.
The subject property does not include any open meadows or pastures. It is a
forested area in the Rural/ Remote zone district. Other than the existing
driveway, the entire Activity Envelope is behind a stand of trees and the remodel
of the existing cabin will not change the location or visibility of the structure.
Further compliance with the standards of this section will again be demonstrated
at the time of Site Plan Review for the new dwelling unit, as required.
5. Landscaping and Vegetation Protection, Section 7 -20 -130
The proposed development will comply with the Pitkin County Landscape
Guidelines in order to preserve existing vegetation, and to ensure that man -made
improvements are screened from view, preserving the rural character of the
County. Please see the attached Site /Landscape Plan, which demonstrates that
the aspen groves will not be affected by the development and that the additional
trees to be planted will further screen from view the proposed new retaining
000033 Globe Lode Rural/Remote Activity Envelope & Site Plan Application Page 17
walls. Compliance with this section of the Code will be further demonstrated at
the time of Site Plan Review for the new, Resident Occupied cabin.
F. Public Services and Utilities, Section 7 -50
All development must comply with the provisions of Code Section 7 -50
regarding the design and installation and/or extension of public services and
utilities. The Code states that extensions of public utilities shall take place within
a defined Activity Envelope, which may include separate designated areas,
different from those portions of the Activity Envelope designated for primary
structures, accessory structures, or driveways. Additionally, disturbed areas are
required to be revegetated. The applicant will follow these standards. All
necessary utility extensions have already been buried in the existing driveway.
Globe Lode Rural /Remote Activity Envelope & Site Plan Application Page 18
000 ,334
EXHIBITS
Exhibit 1: Proof of Ownership
Exhibit 2: Letter of Authorization for Haas Land Planning, LLC
and Jim Petrie (Architect) to Represent the Applicant
Exhibit 3: Pre - Application Conference Summary
Exhibit 4: BOCC Resolution Nos. 074 -2009 and 085 -2013
Exhibit 5 Executed Agreement to Pay Form
Exhibit 6: Property Owners Within 300' Mailing Addresses
000035
PID No. 2911 - 121 -00 -019
EXHIBIT
Issued by
Name and Address of Title Insurance Company: Westcor Land Title Insurance Company, 201 N. New York Avenue,
Suite 200, Winter Park, Florida, 32789
State: CO
County: PITKTN
Address Reference: 150 LOWER HURRICANE RD, ASPEN, CO 81611
File No.: PCT23842W3
Amount of Insurance:
Policy No.: OP- 6- CO1045- 3371085
Premium:
Date of Policy: November 18, 2013 @ 3:20 PM
Simultaneous #: ,elnsu i ance #: 13 -1451
1, Name of Insured: THE ROBERT ANDREW WILLIAMS REVOCABLE TRUST UTAID JULY 8, 2013
2. The estate or interest in the Land that is insured by this policy is: IN FEE SIMPLE
3. Title is vested in: THE ROBERT ANDREW WILLIAMS REVOCABLE TRUST U /AID JULY 8, 2013
4. The Land referred to in this policy is described as follows:
See Attached Exhibit "A"
issued By
Authorized Signatory
000036
EXHIBIT "A"
LEGAL DESCRIPTION
GLOBE LODE, U.S.M.S. NO. 6987, as described in United States Patent recorded October 19, 1982 in Book 434 at Page
228.
TOGETHER with a as set forth in Easements kAgree ent recorded December 2,
1982 in Book 436 at Page 662. Said easement being n30 feet
as
in width and more particularly described as follows:
An easement situated in Sections 1 and 12, Township 11 South, Range 65 West of the Sixth Principal Meridian, Pitkin
County, Colorado. Said easement is 30.00 feet in width lying 15.00 feet on each side of the following described centerline:
Beginning at a point whence Corner No. 3 of the Erie Lode, U.S.M.S. 3283
bears N 11 049'00" E 29.26 feet;
thence S 8911'26" W 106.05 feet;
thence S 87 056'55" W 33.93 feet;
thence N 63 °57'26" W 25.43 feet;
thence N 38 053'33" E 65.49 feet;
thence N 3B °3545" E 36.09 feet;
thence N 42047'47'E 76.98 feet',
thence N 29 040'50" E 22.90 feet;
thence N 04 013'16" W 22.65 feet,
thence N 28 020'25" W 25.38 feet;
thence N 39015'40" W 68.79 feet;
thence N 40 059'43" W 74.23 feet;
thence N 53 °41'10" W 32.66 feet;
thence N B3 018'09" W 34.08 feet to the centerline of the Little Annie's Road as now constructed and in use;
thence the following courses and distances along said road:
S 10'46'11" W 156.00 feet,
S 63 059'50" W 55.24 feet;
S 83 °07'24" W 170.12 feet;
S 67 053'49" W 150.68 feet;
S 73°32'53" W 132.25 feet;
S 78 041'06" W 107.64 feet;
S 750057'3&'W 74.07 feet;
S 68 °50'24" W 57.00 feet;
S 57028'i2" W 177.90 feet;
S 37 055'04" W 96.40 feet;
S 08 012'23" W 110.92 feet;
S 03°4520" W 120.46 feet;
S 13 032'07" E 278.18 feet;
S 24 022'03" W 131.29 feet,
S 10036211" E 145.44 feet;
S 17 021'10" W 139.54 feet,
S 32 032'09" W 91.51 feet;
S 74 003'38" W 16.65 feet more or less to the point of intersection with the easterly boundary line of Lime Creek Village
Subdivision, First Filing.
AND TOGETHER WITH a perpetuai non- exclusive easement and right -of -way thirty (30) feet in width as set forth in Grant
of Access Easement recorded February 1, 1985 in Book 480 at Page 791 and as recorded in Grant of Access Easement
recorded March 20, 1987 in Book 531 at Page 775.
0 00037
SCHEDULE S- OWNERS
CASE NUMBER DATE OF POLICY POLICY NUMBER
PCT23842W3 November 18, 2013 @ 3:20 PM OP- 6- CO1045- 3371085
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1. Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming
to be in possession, thereof.
2. Easements, liens, encumbrances, or claims thereof, which are not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the
public records.
4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter fumished,
which lien, or right to a lien, is not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable
servitudes; or, (d) water rights, claims or title to water(see additional information page regarding water
rights), whether or not the matters excepted under (a), (b), (c) or (d) are shown for the public records.
6. Taxes or assessments which are not now payable or which are not shown as existing liens by the records
of any taxing authority that levies taxes or assessments on real property or by the public records;
proceedings by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the public records
7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or
garbage collection or disposal or other utilities unless shown as an existing lien by the public records.
SPECIAL EXCEPTIONS:
B. Taxes and assessments (not including condominium or homeowners association assessments or dues)
for the year 2013 and subsequent years only, a lien not yet due and payable.
9. Reservations and exceptions as contained in the United States Patent recorded October 19, 1982 in Book
434 at Page 228.
10. Terms, conditions, provisions, obligations and all matters as set forth in the following Easement
Agreements recorded December 2, 1982 in Book 436 at Page 662 and Covenant Agreement recorded
October 27, 1983 in Book 454 at Page 206.
11. Terms, conditions, provisions and obligations as set forth in Grant of Access Easement recorded February
1, 1985 in Book 480 at Page 791.
12. Terms, conditions, provisions and obligations as set forth in Grant of Underground Utility Easement
recorded February 1, 1985 in Book 480 at Page 793.
13. Terms, conditions, provisions and obligations as set forth in Grant of Access Easement recorded March
20, 1987 in Book 531 at Page 775.
14. Terms, conditions, provisions and obligations as set forth in Grant of Underground Utility Easement
recorded March 20, 1987 in Book 531 at Page 777.
15. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Planning and
Zoning Commission recorded October 25, 1985 in Book 497 at Page 810 as Resolution No. 85 -21.
(Continued)
0 00038
POLICY NO. OP- 6- CO1045- 3371085
CASE NO. PCT23842W3
SCHEDULE B- OWNERS -- EXCEPTIONS -- CONTINUED --
16. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Pitkin County Board of
County Commissioners recorded April 25, 2001 as Reception No. 453806 as Resolution No. 074 -2001.
17. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Community
Development recorded November 17, 2005 as Reception No. 517551 as Resolution No. 109 -2005.
18. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Pitkin County Board of
County Commissioners recorded November 19, 2009 as Reception No. 564647 as Resolution No. 074 -2009.
19. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 007, Series of 2010 by
Pitkin County Board of County Commissioners recorded ,tune 16, 2010 as Reception No, 570604.
20. Terms, conditions, provisions and obligations as set forth in Administrative and Emergency Access Easement
recorded June 16, 2010 as Reception No. 570605
21. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County
Commissioners of Pitkin County, Colorado recorded November 12, 2013 as Reception No. 605487 as Resolution
No. 085 -2013.
EXCEPTIONS NUMBERED i THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d) UNDER
PARAGRAPH NUMBER 5 (WATER RIGHTS).
000039
Obligatory Insurance Fraud Statement:
We are obligated by Colorado Law (CRS 10 -1 -128) to provide the following statement:
It is unlawful to knowingly provide false, incomplete or misleading facts or information to an insurance
company for the purpose of defrauding or attempting to defraud the company. Penalties may include
imprisonment, fines, denial or insurance and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete or misleading facts or information to a policy holder or
claimant for the purpose of defrauding or attempting to defraud the policy holder or claimant with regard to a
settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance
within the Department of Regulatory Agencies.
000040
RECEPTION #: 605634, 1111 81201 3 at
03:19:26 PM,
i OF 3, R $21.00 OF $160.00 Dot Code
SPEC WD Documentary Fee $ 150.00
Janice K. vas Caudill, Pitkin County, CO
SPECIAL WARRANTY DEED
THIS DEED, Made November 12, 20'13
between JOHN MATTHEWS
of the County of PITKIN and State of COLORADO,
of the first part, GRANTOR and THE ROBERT ANDREW WILLIAMS REVOCABLE TRUST
U /AID JULY 8, 2013
whose legal address is: 16255 VENTURA BLVD., SUITE 800, ENCINO, CA 91436
of the County of LOS ANGELES state of CALIFORNIA,
of the second part, GRANTEE
WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Ten dollars and other
good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the
second part, the receipt whereof Is hereby confessed and acknowledged, has granted, bargained, sold and
conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second
part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being
in the County of PITKIN and State of COLORADO, to wit:
See Attached Exhibit "A"
Together with all and singular the hereditaments and appurtenances there -unto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest. claim and demand whatsoever, of the said parties of the first part, either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND
TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the
second part, its successors and assigns forever_ And the said parties of the first part for themselves, their heirs
and assigns do covenant, grant, bargain and agree to and with the said parties of the second part, their
successors and assigns, to WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and
peaceable possession of said parties of the second part, its successors and assigns, against all and every person
or persons lawfully claiming or to claim the whole or any part thereof, by through or under the said parties of the
first part. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to
all genders.
IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s).
SIGNATURES ON PAGE 2
000041
EXHIBIT
Pitkin County Community Development Dept.
130 S. Galena Street
Aspen, CO 81611 -1975
RE: 250 Lower Hurricane (an 8.4 acre mining claim known and described as the
Globe Lode, U.S.M.S. No. 6987, PID# 2911 - 121 -00 -019) -- Application for
Minor Amendment, Site Plan Review Special Review Approval to Vary a
Dimensional Requirement, and Expansion of a Non - Conforming Structure
To whom it may concern:
As owner of the above - referenced property, I hereby authorize Haas Land
Planning, LLC (HLP) and Jim Petrie, architect, to act as our designated and
authorized representatives for the approvals captioned above. HLP and Jim
Petrie are authorized to submit an application for the approvals listed above and
any incidental approvals that may be associated therewith. They are also
authorized to represent me 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 mailing and email
addresses and telephone number are included in the application.
Yours truly,
Robert Williams
Robert Andrew Williams Revocable Trust
16255 Ventura Blvd
Encino, CA 91436
Phone: (818) 855 -5317
000042 PID# 2909 - 183 -01 -001
EXHIBIT
3
PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff DATE: 1121114
PHONE: (970) 920 -5093 E -MAIL: suzanne.wolff itkincoun# .com
LOCATION: 250 Lower Hurricane Rd PARCEL ID #: 291112100019
ZONE: Rural/Remote LOT SIZE: 8.4 acres
OWNER/APPLICANT: Robert Andrew Williams Rev. Trust
REPRESENTATIVE: Mitch Haas EMAIL: mitch@hlpaspen.com
Type of Application: Expansion of Non - Conforming Structure, Activity Envelope Amendment and Site Plan
Review, Special Review in Rural/Remote
Description of ProjectlDevelopment:
The Planning Commission granted 1041 hazard review approval, pursuant to Resolution No. 85 -21. The existing
cabin was constructed in 1987; associated development includes a well, water storage tank and septic system.
The property was rezoned to Rural/Remote in 1994.
Pursuant to Resolution No. 074 -2009, the BOCC granted the following approvals:
➢ Activity Envelope to encompass the existing cabin and development, and a proposed additional dwelling
unit.
➢ Site Plan Review for a buried water tank.
➢ Special Review and Site Plan Review to extend an electric service line to the property.
Special Review and GMQS Exemption for a new 562 square foot deed restricted dwelling unit.
➢ Special Review to establish setbacks in the Rural/Remote zone district.
Pursuant to Resolution No. 085 -2013, the BOCC granted an extension of vested rights for Resolution No. 074-
2009 to October 23, 2016. The electric service line has been extended, but no other improvements have
occurred based on the approval.
While it was represented that the cabin contains 1,038 square feet, it has since been determined that the cabin
actually contains approximately 1,500 square feet: 625 sf main level + 625 sf basement + 228 sf loft. The
Applicant is proposing to eliminate the loft and add 375 sf to the main level of the cabin, for a total of 1,625 sf
(1,000 sf main level + 625 sf basement); the additional dwelling unit would contain 600 sf. Since the total floor
area (2,225 sf) would exceed the allowable floor area in Rural/Remote, approval of an Expansion of a Non -
Conforming Structure is required. In addition, the Applicant proposes to (1) amend the envelope to encompass
a different location for the additional dwelling unit, and (2) obtain Site Plan Review approval for the expansion
of the cabin.
Land Use Code Sections to address in letter of request/application:
➢ 2- 20- 150(b): Minor Amendment to Development Permit
➢ 2- 30- 30(h)(2): Special Review Criteria (to exceed'/ acre envelope in RIR)
➢ 7 -10 -50 & 60: Activity Envelope and Site Plan
➢ 7- 20 -10: Site Preparation and Grading
➢ 7- 20 -20: Steep and Potentially Unstable Slopes
➢ 7- 20 -30: Water Courses and Drainage
000043
Y 7 -20 -120: Scenic View Protection Areas (not visible from Castle Creek Road, so only Rural Character
Guidelines are applicable)
Y 7 -20 -130: Landscaping and Vegetation Protection
7 -50: Public Services and Utilities
r 9- 50 -30: Expansion of Non - Conforming Structure
Review by: BOCC
Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 days prior to
the hearing and shall mail notice to all property owners within 300' and mineral estate owners at least 30 days
prior to the hearing with the return address of the Community Development Department (copy of notice to be
obtained from the Community Development Department). The names and addresses shall be those on the
current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public
hearing.
Staff will refer to: Little Annie Homeowners Association
FEES: $2,550 (make check payable to "Pitkin County Treasurer ")
$2,496 Planning flat fee (non- refundable; based on 8 hours of staff time; if staff review time exceeds 9.6
hours, the Applicant will be charged for additional time in excess of 8 hours at a rate of $312/hour)
$54 Public notice
To apply, submit 5 copies of the following information, unless noted otherwise:
1. Letter of request, 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. 24" by 36" (1 copy) and 11" x 17" (5 copies) Amended Activity Envelope and Site Plan as designated in
Sections 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual.
3. Address Application Manual Section 2.2.8
4. Floor plans and elevations of cabin — existing and proposed
5. Consent from the owner of the property for the representative to process the application and represent the
owner (1 copy);
6. 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 (1 copy).
7. Street address and parcel description, including legal description, and 8 -112 "x 11" vicinity map locating the
subject property within Pitkin County;
8. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (1
copy) (form attached);
9. List of property owners within 300' and mineral estate owners (1 copy); and
10. This Pre - Application Conference Summary Sheet (1 copy).
0 00044
NOTES:
➢ PLEASE SUBMIT TWO UNBOUND AND ONE -SIDED COPIES OF YOUR COMPLETE APPLICATION.
PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF
POSSIBLE).
➢ ALL MAPS SHALL BE FOLDED.
This pre - application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staffs interpretations
based upon representations of the applicant. Additional information may be required upon a complete
review of the application.
Applicant will be responsible for mailed and posted notice. Public Notice requirements are
described in Section 2 -20 -100 of the Pitkin County Land Use Code. A signed, notarized copy of the
affidavit confirming notice must be received from Applicant prior to approval.
000045
EXHIBIT
4
RECEPTION #: 664647,11/19/2009 at
42.29:47 PM, to
I OF 9, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE MATTHEWS ACTIVITY ENVELOPE, SITE PLAN REVIEW
AND SPECIAL REVIEW FOR DEVELOPMENT IN THE RURAL/REMOTE ZONE DISTRICT
Resolution N4 -2009
RECITALS
1) John Charles Matthews (hereafter "Applicant ") has applied to the Board of County Commissioners of
Pitkin County ( "BOCC ") to obtain Activity Envelope, Site Plan Review, and Special Review for
development in the Rural/Remote zone district for the following development:
A) installation of a 10,000 gallon buried water tank to replace the existing 5,000 gallon tank and a fire
hydrant;
B) Construction ofanew 562 square foot deed restricted dwelling unit;
C) Extension of an electric service line approximately 700' up Lower Hurricane Road to the property;
D) Establishing setbacks for the parcel.
2) The property is located on Lower Hurricane Road, and is more specifically described in Exhibit A.
3) The parcel contains 8.4 acres and is a nonconforming size parcel in the Rural /Remote zone district.
4) The Planning Commission granted 1041 hazard review approval, pursuant to Resolution No. 85 -21. The
existing cabin was constructed in 1987 and contain 1,038 square feet; associated development included a
well, water storage tank and septic system. The property was rezoned to Rural/Remote in 1994. The
BOCC denied a previous request to extend the electric line, pursuant to Resolution No. 074 -2001.
5) The BOCC heard this application at a duly noticed public hearing on November 4, 2009, at which
time evidence and testimony were presented with respect to this application.
6) The BOCC finds that the request complies with the applicable provisions of the Land Use Code
( "Code "), as follows:
A) The Activity Envelope is located on slopes of less than 30 %, and the areas of slopes in excess of
30% qualify as minor slope anomalies pursuant to Sec. 7- 20- 20(c)(3) of the Code.
B) The medium wildfire hazard can be mitigated.
C) The Activity Envelope avoids rockfall, debris flow and avalanche hazard areas, and is not within
any mapped wildlife habitat areas.
D) The property is not visible from Castle Creek Road, and, therefore, is not subject to the scenic
view protection review standards,
E) The existing dwelling unit of 1,038 square feet may be retained and, provided additional
approvals are obtained, a new dwelling unit of 562 square feet may be exempted from growth
management, pursuant to Sec. 6- 30 -40(b) of the Code. The additional dwelling unit complies
with the special review criteria, subject to demonstration of an adequate water supply and non -
merger of the property with the Site Plan Review application.
F) Extension of the electric line is appropriate, compatible with the character of the surrounding area
and consistent with the intent of the Rural /Remote zone district, given that alternative energy
sources are ineffective and impractical for this particular site and carry greater adverse impacts
6i -6046
Resolution No. 07Y -2009
Page 2
than would be the case with an extension of an electric service line; the extension will not create a
significant visual change or impact to the land, as the extension will occur within the road and
driveway; and the existing cabin was built prior to the rezoning of the area to Rural /Remote and
the electric transformer was in place at that time and was intended to serve the property.
G) The proposed setbacks are appropriate to accommodate the existing and proposed development,
and comply with the special review criteria.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the
Matthews Activity Envelope, Site Plan Review and Special Review, subject to the following conditions,
which shall run with the land and be binding on all successors in interest:
1) The Applicant shall adhere to all material representations made in the current and prior applications and
in public meetings or hearings. Those representations shall be conditions of approval, unless amended by
other conditions.
2) This is not a final approval for the additional dwelling unit. The Applicant shall be required to submit
for approval an application for Site Plan Review, pursuant to Sees. 2 -30 -20 and 7 -10 -50 of the Code,
prior to submission of a building permit application. The Site Plan Review application shall address
the following, in addition to the other requirements specified above:
A) Provide a title history for the parcel and contiguous parcels demonstrating the chain of title or a
letter confirming non - merger from an attorney or title company.
13) Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and
lire protection purposes for the additional dwelling unit.
C) Demonstrate compliance with the rural character guidelines for building location in Sec. 7-20 -
120.e of the Code.
D) Demonstrate that the site can accommodate an on -site wastewater treatment system (OWTS) that
complies with the then current OWTS regulations.
E) Submit a landscaping and tree removal /mitigation plan. An arborist shall address how remaining
trees will be protected from impacts associated with the construction.
3) Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for
approval by the County Attorney and Community Development Director an Activity Envelope Plan
in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.1. The
above referenced approvals shall be a condition precedent to finalization and recordation. The
Applicant shall designate the approved setbacks on the plan: 30' front yard setback (west property
line); 35' rear yard setback (east property line); 5' side yard setback to replace the water tank and 20'
side yard setback for above- ground improvements (north property line); and 100' side yard setback
on the south side.
4) The parcel is exempt from Growth Management for up to 1,600 square feet of floor area, of which 1,038
square feet is contained in the existing dwelling unit, and 562 square feet may only be used to construct
the additional deed - restricted dwelling unit.
5) Prior to issuance of an earthmoving permit(s) to extend the electric line and replace the water tank,
the Applicant shall:
A) Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If site
disturbance exceeds one (1) acre, the Applicant shall obtain a stormwater permit from the State of
Colorado.
000047
Resolution No. ON -2009
Page ,3
B) Submit a construction management plan for review and approval by the Planning Engineer.
C) Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall
specify the native seed mix to be used, the rate at which it will be applied and the method of
cover.
D) Submit a tree removal /mitigation plan.
6) Prior to issuance of building permit application to construct the additional dwelling unit, the Applicant
shall:
A) Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and
fire protection purposes, and for irrigation purposes, if applicable.
B) Record a Deed Restriction to restrict the new dwelling unit to occupancy by qualified residents as
defined in the Aspen /Pitkin County Housing Guidelines. Year -round occupancy of the unit shall
not be required. Prior to recordation, the Applicant shall be required to submit the Deed
Restriction for approval by the Housing Office and Community Development.
C) Complete a fireplace /woodstove registration form with the Community Development
Department, if necessary.
D) Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If site
disturbance exceeds one (1) acre, the Applicant shall obtain a stormwater permit from the State of
Colorado.
E) Submit a construction management plan for review and approval by the Planning Engineer.
F) Pay the applicable road and employee housing impact fees.
G) Obtain a permit from Environmental Health and Natural Resources to construct a new on -site
wastewater disposal system.
H) Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall
specify the native seed mix to be used, the rate at which it will be applied and the method of
cover.
1) Submit a landscaping and tree removal /mitigation plan.
J) Submit for and obtain an access permit to improve the existing driveway to current County
standards, if required.
7) Areas disturbed by construction shall be re- vegetated within one growing season of the project's
completion.
8) The electric line shall be buried within the access road and driveway.
9) The Applicant shall comply with the following standards for Development in a Medium Wildfire
Hazard Area, unless varied based on recommendations made by a certified wildfire expert as part of
the Site Plan Review.
A) Defensible Space: The area around all buildings /structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows (note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions):
1) Within 15' of all structures, the area should be of primarily noncombustible hardscape
surfaces. Woody vegetation shall not be planted within this area. Firewood or other
combustible materials should not be stored within this area. Aspen trees may be maintained
within 15' of structures, if the defensible space is extended outward from the furthest growth
000043
Resolution No.(!'l� -2009
Page 4
expected from the mature trees. Crowns of vegetation within these clusters should be at least
10 feet from any portion of the structures. Limbs of trees within these clusters should be
pruned to one half the height of the tree or 10', whichever is less.
2) The area under the deck and porch of the existing cabin shall be cleared of vegetation and
gravel or other hardscape material should be maintained in this area.
3) Within 35' of all structures, maintain natural and /or irrigated grass at less than 6 ", and
maintain existing trees and brush as individuals or clusters. The existing aspen trees are
appropriately spaced.
4) Limbs of all trees shall be pruned to one half the height of the tree or 10', whichever is less.
No brush or shrubs which when mature will be tall enough to act as ladder fuel should be
provided or maintained around the trees. These clusters of bushes or trees should be
separated from each other by a distance of 2 '/z times the height of the mature vegetation. The
diameter of a cluster should be limited to 2 %z times the height of the mature vegetation.
5) Thin and remove lower branches of brush or shrubs within clusters or individual plants to
eliminate ladder fuel. Treat the cut end of shrubs with Garlon or an equivalent herbicide to
prevent resprouting. Cut material shall be removed or chipped and spread.
6) Within I00' of all structures or to the property line, remove all standing dead and deadfall.
7) The Applicant shall be responsible to maintain the defensible space,
B) Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building
Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not permitted unless
they comply with the following:
All roof coverings shall be constructed of non - combustible materials and installed on a Class
A roof assembly.
All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
Protrusions above the roofline, such as parapets, shall be prohibited.
Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of 1:48.
All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshall prior to submittal of a building permit application.
C) Roof Venting:
1. Soffit venting shall be located in the outer 1/3`d portion of the overhang.
2. Attic, soffit and other roof venting shall be of non - corrosive metal mesh with maximum t /4"
openings.
D) Projections at the Rooflirie, including Soffits_ Rafters, Porch or Deck Roofs, Fascias, or Other:
1. Sheath with non - combustible materials, or
2. Combustible material underlain with 5/8" Type X gypboard or equal, or
3. Minimum 4x6 rafters with 2x T &G decking.
E) Decks, Decking, Cantilevered Floors, or Other Projections below the Roofline: Minimum 6x6
posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railing, or equivalent log construction.
-00049
Resolution NoZy 3009
Page 5
F) Water Supply for Fire Safety
I . Individual structure water supply and storage shall be accessible to fire department vehicles
from the exterior of the structure through a fire department approved mechanism (such as a
fire hydrant). The lot shall have a minimum 20,000 gallon water storage tank (or alternative
approved by the Fire District).
2. In -house sprinkler systems that meet the standards of the AFPD and the adopted Building
Code shall be installed in all new buildings.
G) Maintenance and Miscellaneous Requirements
1. Roofs and gutters shall be kept clear of debris.
2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one - fourth (' /a)
inch maximum.
3. Any outbuilding shall adhere to the same wildfire requirements.
4. Yards shall be kept clear of all litter, slash and flammable debris.
5. All flammable materials shall be stored indoors or on a parallel contour a minimum of fifteen
(15) feet away from any structure.
6. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more
than six (6) inches.
7. Firewood /wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet
away from the structure.
8. Swimming pools and ponds shall be accessible by the local fire district.
9. Fences shall be kept clear of brush and debris.
10. Wood fences shall not connect to other structures.
11. Fuel tanks shall be installed underground with an approved container.
12. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on
a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be constructed with
materials approved for two (2) hour fire- resistive construction on the exterior side of the
walls.
13. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
14. Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be
visible at the primary point of access from the public or common access road and installed on
a non - combustible post.
10) The Applicant shall comply with the following conditions regarding wildlife:
A) Fencing is outside of the Activity Envelope is prohibited.
B) Fruit bearing trees and shrubs shall be prohibited.
C) Trash /garbage shall be kept in an approved bear resistant container or enclosure, including during
construction.
D) Pets shall not be fed outside. Bird feeders shall be avoided from April through November. Lever
style door handles shall be avoided on the exterior of the house. Composting shall be limited to
yard waste.
E) Contractors shall be prohibited from bringing dogs on -site during construction.
F) No development shall occur outside of the approved activity envelope, including vegetation
manipulation, with the exception of weed management or wildfire mitigation.
-005
Resolution No.01V -2009
Page 6
11) Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelopes and install construction fencing around the construction site
within the perimeter of the envelope. The fencing shall remain in place until issuance of a Certificate
of Occupancy.
12) No structural development in excess of 30" above or below natural grade shall occur within the
setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above
or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from
the most restrictive grade. Any development located within setbacks mandated by County zoning
regulations that does not comply with these restrictions shall require a variance from the Board of
Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a
variance.
13) No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
14) The Applicant shall make a payment equal to the amount paid by each property owner in the Little
Annie Homeowners Association, if the County agrees to apply dust suppressant to little Annie Road
from Castle Creek Road to Lower Hurricane Road and requests a contribution from the homeowners.
15) Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property.
16) Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 2 -20 -170 and C.R_S., § 24 -68 -105. The statutory vested rights granted herein shall expire on
November 4, 2012.
0001051
Resolution No. Ogq-2009
Page 7
0
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
4`4 day of October, 2009.
APPROVED this 4 "' day of November, 2009.
PUBLISHED AFTER ADOPTION FO VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on thel4 ay of f ii , 2009.
Jones, Cleric to the
APPROVED AS TO
I' �N
;Cin Houben
Community Development Director
P079 -09; PI 429111210 0019
u00052
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO -�
By
Patti Kay- dlapper, C air
APPROVED AS TO FORM:
John Ely
County Attorney
ALTA OWNERS POLICY— Amended 10117 -�
HH /kx SCHEDULE A
Order No.: Policy No.:
13458 O 9902
Date of Policy: Amount of Insurance: S
September 19, 1985 At 4:26 PM 25,000.00
1. Name of Insured:
JOHN MATTHEWS
2. The estate or interest in the land described herein and which is covered by this policy is:
FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
JOHN MATTHEWS
4. The land referred to in this policy is described as follows:
GLOBE LODE, U.S.M.S. NO. 6987, as described in United States
Patent recorded October 19, 1982 in Book 434 at Page 228 being
Reception No. 244870. Together with a perpetual non- exclusive
easement and right of way for ingress and egress under terms
and conditions as set forth in Easements Aareement recorded
December 2, 1982 in Book 436 at Page 662 as Reception No.
246038. Said easement being 30 feet in width and more
particularly described as follows: An easement situated in
Sections 1 and 2, Township 11 South, Range 85 West of the sixth
Principal Meridian, Pitkin County, Colorado. Said easement is
30.00 feet in width lying 15.00 feet on each side of the
following described centerline: Beginning at a point whence
Corner No. 3 of the Erie Lode, U.S.M.S. 3283 bears N 11 °49'00"
E. 29.26 feet; thence S89 017126" W. 106.05 feet; thence
S87 056'55" W. 33.93 feet; thence N63 157126" w. 25.43 feet;
thence N38 053'33" E. 65.49 feet; thence N38 135145" E;
feet; thence N42 147'47" E. 76.98 feet; thence N29 °40'50" E.
22.90 feet; thence N04 113'16" W. 22.65 feet; thence N28 °20'25"
W. 25.38 feet; thence N39 °15 °40" W. 68.79 feet; thence
N40 059143" W. 74.23 feet; thence N53 041'10" W. 32.88 feet;
thence N83 °18'09" W. 34.08 feet to the centerline of the Little
Annie's Road as now constructed and in use; thence the
following courses and distances along said road: S 10 146111" W.
156.00 feet; S63 059150" W. 55.24 feet; S83 °07'24" W. 170.12
See Continuation Page
J 00�z
v v
.r:�53 ` AUTHORIZED COUNTERSIGNATURE
1
STEwART TITLE
GuARANTY COMPANY
ORDER ND.:13458
O 9902 080592
Attached to and made a part of Stewart Title Guaranty Company Poky No.
A NO. 4
Continuation of Schedule
feet; S67'53'49" W. 150.68 feet; S73 032'53" W. 332.25 feet;
S78 041106" W. 107.64 feet; s75 005'38" W. 74.07 feet; S68 050124"
W. 57.00 feet; S57 028'12" W. 177.90 feet; S37 055'04" W. 96.40
feet; S08 012'23" W. 110.92 feet; S03 045'20" E. 120.46 feet;
S13 032'07" E. 278.18 feet; S24 °22103" W. 131.29 feet;
S10 035121" E. 145.44 feet; S17 021'10" W. 139.54 feet;
S32 032109" W. 91.51 feet; S740 03138" W. 16.65 feet more or
less to the point of intersection with the easterly boundary
line of Lime Creek Village Subdivision, First Filing.
County of Pitkin, State of Colorado
UJO054
Page
203 -A -T
50M 6.851
q
STEW,kRT TITLE
GUARANTY COMPANY
RECEPTION #: 606487,11112/2013 at
03:27:18 PM,
1 OF 4, R $0.00 Doc Code RESOLUTION
.Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE MATTHEWS
REINSTATEMENT OF VESTED REAL PROPERTY RIGHTS
Resolution No. 1W -2013
RECITALS
I. John Matthews ( "Applicant ") has applied to the Pitkih County Board of County Commissioners
( "BOCC ") to request a three year reinstatement of the vested right to construct an additional deed -
restricted dwelling unit on the property.
2. The property is located at 250 Hurricane Road, and is more specifically described in Exhibit A.
3. The parcel contains 8.4 acres and is non - conforming in the Rural /Remote zone district.
4. The Planning Commission granted 1041 hazard review approval; pursuant to Resolution No. 85 -21.
The existing cabin was constructed in 1987 and contains 1,038 square feet; associated development
includes a well, water storage tank and septic system. The property was rezoned to Rural /Remote in
1994.
5. Pursuant to Resolution No. 074 -2009, the BOCC granted the following approvals:
A. Activity Envelope to encompass the existing cabin and development, and a proposed additional
dwelling unit.
B. Site Plan Review for a buried water tank.
C. Special Review and Site Plan Review to extend an electric service line to the property.
D. Special Review and GMQS Exemption for a new 562 square foot deed restricted dwelling unit.
E.' Special Review to establish setbacks in the Rural /Remote zone district.
6. The Activity Envelope /Sitc Plan has not been recorded. The vested rights expired on November 4,
2012.
7. The BOCC heard this application at a regular meeting on October 23, 2013, at which time evidence and
testimony were presented with respect to this application.
8. The BOCC finds that it is appropriate to grant a three year reinstatement of the vested rights for the
additional deed- restricted dwelling unit to provide the Applicant additional time to obtain a legal
water source forthe unit and then proceed with the Site Plan Review application.
9. The BOCC further finds that the approved development continues to conform to the terms and
provisions of the Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby approve the Matthews Reinstatement of Vested Rights; subject to the following
conditions, which shall run with the land and be binding on all successors' in interest:
1. The Applicant shall adhere to all material representations made in public hearings and in the
application.
&U055
Resolution No. `! � -2013
Page 2
2. This vested right is granted in association with the approvals granted pursuant to BOCC Resolution No.
074 -2009. The conditions of Resolution No. 074 -2009 shall remain in full force and effect,'except as
amended herein. .
3. Statutory vested rights for the approvals referenced herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 4 -140 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on
October 23, 20I6.
APPROVED AND ADOPTED on the 23W day of October, 2013.
PUBLISHED AFTER ADOPTI FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the4114day of 0 2613,
A
Jones,
Clerk and
APPROVED AS TO FORM:
John I�ly,
Co At y
Case #P099 -12
PID 291112100019
BOARD OF COUN
George
Date: a D
COMMISSIONERS
COLORADO
APPROVED AS TO CONTENT:
J C
Cindy I-louben,
Community Development Director
ALTAOWNER'S PODGY — Amended 101
HH /KK
Order No._
13458
SCHEDULE Al
Date of Policy:
September 19, 1985 At '4':26 PM
1. Name of Insured:
Policy No.:
p 9902
Amount of Insurance: S
25,000.00
JOHN MATTHEWS
2. The estate or interest in the land described herein and which is covered by this policy is.
FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
JOHN MATTHEWS
4. The lard referred to in this policy is described as follows:
GLOBE LODE, U_S.M.S. NO. 6967, as described in United States
Patent recorded October. 19, 1982 in Book 434 at. Page 228-being
Reception No, 244870. Together with a perpetual non- exclusive
easement and right of way for ingress and egress under ter:-ms
and conditions as set-forth in Easements Agreement recorded
December 2, 1982 in Book 436 at Page 662 as Reception No.
246038. Said easement being 30 feet in width and more
particularly described as follows: An easement situated in
Sections I and 2, Township 11 South, Range 85 West of the Sixth
Principal Meridian, Pitkin County, Colorado. Said easement is
30.00 feet in width lying 15,00 feet on each side of the
following described centerline: Beginning at a point whence
Corner No. 3 of the Erie Lode, U.S.M.S. 3283 bears N 11049'00"
E. 29.26 feet; thence S89 117126" W. 106.05 feet; thence
S87056155" W. 33.93 feet; thence N63 057'26" W. 25.43 feet;
thence N38 °53'33" E. 65.49 feet; thence N38 °35145" E. 36.09
feet; thence N42 147147" E. 76.98 feet; thence N29 040150" E.
22.90 feet; thence N04 013116" W. 22,65 feet; thence N28 020'25"
W. 25.38 feet; thence N39 115 °40" W. 68.79 feet; thence
N40 °59143" W. 74.23 feet; thence N53 041'10" W. 32_88 feet;
thence N83 °18'09" W. 34.08 feet to the centerline of the Little
Annie's Road as now constructed and in use; thence the
following' courses and distances along said road: S 10 °46'11" W.
156.00 feet; S63959150" W. 55.24 feet; S83 °07'24" W. 170.12
See Continuation Page
rf
AUTHORIZED COUNTERSIGNATURE �[
OU57' - STEwAR'T' TITLE
CVARANTY COMPANI
ORDER NO_:13458
O 9902 080592
Attached to and made a part of Stewart Title Guaranty Company Policy No.
A NO. 4
Continuation of Schedule
feet; S67 °53`49" W. 150.68 feet; 573 °32'53" W. 132.25 feet;'
S78 041106" W. 107.64 feet; 575 905138" W. 74.07 feet; S68 °50124"
W. 57.00 feet.; S57 028'12" W. 177.90 feet; S37 °55'04" W. 96.40
feet; S08 012'23" W. 110.92 feet; S03 045120" E. 120.46 feet;
S13 032107" E. 278.18 feet; S24 °22103" W. 131.29 feet;
S10 035'21" E. 145.44 feet; S17 °21'10" W. 139.54 feet;
S32 1132109" W. 91.51 feet; 5740 03`38" W. 16.65 feet more or
less to the point of intersection with the easterly boundary
line of Lime Creels Village Subdivision, First Filing.
County of Pitkin, State of Colorado
Page
STrWAR.T TITLE
GUARANTY COMPANY
ttruM bA
EXHIBIT
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF DEVELOPMENT APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and Robert Andrew Williams Revocable Trust (hereinafter
APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for: Minor Amendment Site Plan
Review, Special Review, and Expansion of Non - Conforming Structure (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 030 -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.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to
complete processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit
in the amount of $ 2,550* which is for 8* hours of staff time, and if actual time spent by staff to process
the application exceeds the average numb 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
APPLICAN .;
Robert Williams
3 Ia tLl
Date
Phone: (818) 855 -5317
Mailing: Robert Andrew Williams Rev. Trust
16255 Ventura Blvd #800
Encino CA 91436
*Includes Planning Office flat fee: $936 (non - refundable; based on 3 hours of staff time). Also included: Zoning fee of $624.
000059
PID# 2909- 183 -01 -001
EXHIBIT
6-
PROPERTY OWNERS WITHIN 300'
Javier US Trust
c/o Deblois, Mejia, Bogart and Kaplan, LLP
9171 Wilshire Blvd, Suite 300
Beverly Hills, CA 90210 -5515
Wayne Poulsen Trust
PO Box 1506
Aspen, CO 81612
Castle Creek Investors, Inc.
1490 Silverking Drive
Aspen, CO 81611 -1047
Pitkin County
530 E. Main Street #302
Aspen, CO 81611
USFS
White River National Forest
120 Midland Avenue, Suite 140
Glenwood Springs, CO 81601
Blanning James C JR
1615 California Street #601
Denver, CO 80202
Don McGill
715 W. Main St. #201
Aspen, CO 81611
666066
PID# 2911 - 121 -00 -019
MISCELLANEOUS
DOCUMENTS