HomeMy WebLinkAboutbocc.packet.12032014 - LikoverMEMORANDUM
TO: Board of County Commissioners
Regular Meeting – December 3, 2014
THRU: Cindy H� ououb� en, Community Development Director
FROM: Lance dk, Assistant Director
RE: Likover Restoration or Expansion of Non -Conforming Structure or Use with Significant
Changes, Site Plan, Caretaker Dwelling Unit—Public Hearing
REQUEST: The Applicant requests approval of change to a non -conforming structure/use to demolish an
existing building, construct a new CDU, and adjust a driveway. The existing legal floor area is over 5,750
sq. ft., necessitating this review. There will be no increase in floor area on the parcel.
OWNERIAPPLICANT: Bonnie Likover 2012 Trust
REPRESENTATIVE: Dave Rybak, Architect
LOCATION: 190 Letey Lane, Woody Creek
ZONING: The parcel is zoned RS -20, is 6.5 acres, making it a non -conforming parcel.
BACKGROUND/EXISTING CONDITIONS: The current owner, Likover, took ownership of the
property in 2013. The property historically contained a pole barn/horse shed. In 1995 the barn was legally
converted in to an office with a permit. Sometime after 1995 and before 2009, the office/barn was illegally
converted to a dwelling unit. A Notice of Violation was issued. The then owner made application for a
CDU, the application was approved, but the owner never completed the permitting process. The current
owner/applicant desires to complete the process. The barn is not sufficiently sound to warrant new
investment. The owner proposes to demolish the existing barn/office/CDU and to construct a new CDU of
the same size in a different location. The house, garage and barn/CDU total 8,098 sq. ft. The proposed
redevelopment of the CDU will be the same size as the structure to be demolished so there will be no
increase in floor area on the property.
REFERRALS: The application was referred to Pitkin Zoning and the Woody Creek Caucus. Comments
are attached.
PROCESS: A significant change to a non -conforming use or structure requires review and approval by the
BOCC at a public hearing. The floor area is non -conforming due to the reduction in the GM Exemption to
5,750 sq. ft. in 2000. There is no change in overall floor area as a result of this proposal, but floor area is
being repositioned.
STAFF COMMENTS:
RESTORATION OR EXPANSION OF NON -CONFORMING USE OR STRUCTURE WITH SIGNIFICANT CHANGES
The Applicants have applied under Section 9-50-30 of the 2006 Land Use Code. The BOCC may permit
modifications to a non -conforming use or structure, subject to compliance with the standards in this section.
000001 e -G' 15
A. Adverse Impacts and County Land Use Policies. The BOCC may find that any impacts on the
neighborhood or the County are "tolerable ":
Response: There are no foreseen adverse impacts as a result of this proposal. The new location of the
CDU will make the structure less obtrusive both from Highway 82 and River Road.
B. Consistency with Master Plans: The use or structure is generally consistent with adopted master
plans far the area and adjacent land use;
Response: CDUs are permitted in the zone district and Master Pian area. The development is consistent
with adjacent residences.
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 which arise from the existing restrictions upon
repair, alteration or restoration; OR
2. Improve the function and appearance of the use.
Response: The existing barn/CDU is clearly substandard and would require inordinate repairs just to
make it safe, efficient, and functional. A new CDU would improve the appearance of the entire
property.
D. Development Exactions:
Response: Any required development exactions will be applied at building permit.
CARETAKER DWELLING UNIT
A CDU was applied for and approved by Administrative Determination No. 107-2009. That approval is still
relevant and appropriate.
SITE PLAN
All site plan standards can be met. The proposed development areas are without constraints. The relocation
of the CDU and the additional looped link of the driveway can be constructed without any adverse effects.
RECOMMENDATION: Staff recommends the Board adopt a motion to approve the Likover Trust CDU,
Site Plan, Change to a Non -Conforming Structure as represented, subject to the attached draft BOCC
Resolution.
ATTACHMENTS
A.
Draft Resolution
B.
Schaffner comments
C.
Applicant Response
D.
Woody Creek Comments
E.
APCHA Comments
F.
CPW Comments
lancet/casesAikover non -conform expansion memo.doe
2
000002
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE LIKOVER 2012 TRUST RESTORATION OR EXPANSION
OF NON -CONFORMING STRUCTURE OR USE WITH SIGNIFICANT CHANGES,
CARETAKER DWELLING UNIT, AND SITE PLAN FOR 190 LETEY LANE
Resolution No. -2014
RECITALS
Bonnie Likover 2012 Trust ("Applicant") has applied to the Pitkin County Board of County
Commissioners for Expansion/Restoration of a Non -Conforming Structure with Significant Changes,
CDU, and Site Plan for a single family residence parcel.
2. 190 Letey Lane, PID# 2643-082-00-0011 (Legal Description, Attachment A).
3. The structure is non -conforming by virtue of lot size and existing floor area.
4. The Applicant proposes to demolish a non -permitted CDU in an old horse barn and build a new CDU
with a new driveway loop.
5. The BOCC considered this application at a duly noticed public hearing on December 3, 2014, at
which time evidence and testimony were presented with respect to this application.
6. The BOCC has determined that the proposed application adequately meets the criteria established in
the Land Use Code for CDUs, Site Plan, Change to Non -Conforming Use or Structure, and therefore
finds the proposal to be acceptable.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners
that they hereby approve the Likover 2012 Trust Expansion of a Non -Conforming Use with Significant
Changes, Site Plan, and CDU subject to the following conditions which shall run with the land and be
binding on all successors in interest:
The Applicants shall adhere to all material representations made in the application and at the
Public Hearing, and such representations are considered conditions of approval except where
inconsistent with this resolution.
2. Approval is granted for the approximate 881 sq. ft. relocated CDU and new driveway loop.
3. Prior to submission of any future building permit applications, the Applicant shall be required to submit
for approval by the County Attorney and Community Development a Site Plan with an Activity
Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Sections 2. 1.1
& 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation.
The Mylar copy of the plat shall be signed by the owner prior to submittal for recording.
Res. No. 2014
Page 6
4. No calculations for height, setback or other building or zoning requirements have been conducted.
These requirements will be considered at the time of building permit. Structures represented in the
application might not be permitted under building and zoning regulations. Variances from the
Board of Adjustment may be required for these improvements. This resolution does not assure
approval of any variance required from the Board of Adjustment.
No structural development in excess of 30" in height above natural or finished grade shall occur within
the setbacks of the lot. Landscaping in the form of berms shall not exceed four (4) feet from
most restrictive grade. Any external development located within setbacks mandated by County zoning
regulations shall require a variance from the Board of Adjustment. Approval of an activity envelope
within such setbacks does not assure approval of a variance.
6. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the
corners of the activity envelopes and install construction fencing around the perimeter of the envelopes.
The fencing shall remain in place until issuance of a Certificate of Occupancy.
7. The Applicants shall comply with all standards for development within Scenic View Protection Areas as
represented in the application and approved in this Determination:
i. Reflective materials shall not be used unless the materials are treated prior to
installation to eliminate reflection. This shall include materials associated with solar or
photovoltaic equipment.
ii. The exterior of all development shall be built or painted with indigenous earth tone
materials or colors.
iii. Driveway lighting is prohibited and all other lighting shall comply with the lighting
code at time of building permit approval.
iv. All new utilities located on or servicing the parcel shall be located underground.
v. All satellite dishes must be located to minimize visibility.
No development, including grading, excavation, fill placement, driveway, turnaround, berms,
landscaping, vegetation removal or disturbance, entry or ranch gates shall occur outside of the approved
development envelopes, with the exception of measures to comply with the wildfire mitigation required
herein. The activity envelopes as they extend beyond the building envelopes shall only be used for
approved landscaping, approved leach field areas, and required wildfire mitigation. Septic envelopes
shall be shown on the site plan.
9. The existing steps going down to the lower bench by the River and the deck and pedestrian bridge on
the lower bench shall not be enlarged, expanded, lighted, or enhanced in any way without further review
and approval.
10. Any applicable development exactions or impact fees will be assessed at building permit.
11. The shower in the existing bam/CDU shall be removed prior to submission of a building permit for
the new CDU or any other improvement on the property requiring a permit. The structure may be
used for construction storage/office during the construction of the new CDU. The structure shall be
00000.
Res. No. 2014
Page 6
demolished prior to the issuance of a certificate of occupancy for the new CDU. Appropriate financial
security for the demolition shall be approved by the County Attorney and submitted to the County prior
to issuance of the permit for the new CDU.
12. At submittal for building permit application for the CDU, the Applicant shall:
A) Complete a fireplace/woodstove permit application form with the Community Development
Department, if necessary.
B) Submit a site specific, detailed drainage and erosion control plan for review and approval by Planning
/Zoning. All historical drainage patterns shall be maintained. All Slopes steeper than 2:1 shall utilize
erosion control blankets. If the project disturbs more than one (1) acre, a State Stormwater Permit shall
be obtained prior to permit issuance.
C) Submit a construction management plan for review and approval by Planning /Zoning showing the
locations of staging, material storage including all retained soils and employee and construction traffic
parking all within the approved activity envelope(s).
D) Submit a landscape/revegetation plan for review and approval by Planning/Zoning. Any trees removed
exceeding 6" dbh shall be mitigated in kind.
E) Provide proof of adequate water supply for the CDU and the primary residence (two units) (in terms of
quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if
applicable.
13. Prior to issuance of a building permit the applicant shall:
A) Pay any applicable road and employee housing impact fees.
B) Obtain an OWTS permit, from the Environmental Health Department. The system shall be located
within the approved activity envelope and must comply with setback requirements from surface and
groundwater sources, wells and other septic systems.
C) Demonstrate that the floor area being added will not cause the total floor area on the parcel to
exceed the existing 8,098 sq. ft.
D) The proposed accessory structure shall be assigned a house number other than the number of the
main residence.
14. The Applicant shall adhere to the "low" wildfire mitigation standards as stated In the Pitkin County Land
Use Code Section 7-20-60. Roofs shall have Class A covering or Class A assembly. No wood shakes or
shingles are allowed. In addition, all access shall meet the following standards.
i. New access roads and driveways shall be built to County standards; however, these standards may be
increased to mitigate wildfire hazards based on comments provided by local fire protection districts
and/or a person approved by the County as an expert in wildfire area designation and mitigation.
ii. All new structures greater than five thousand (5,000) square feet in size shall be required to install in-
house sprinkler systems that meet the standards of the local fire protection district and the adopted
Building Code. At building permit submittal, the applicable Fire Protection District may require
0G0005
Res. No. 2014
Page 6
smaller structures to'be sprinkled due to hazard considerations, emergency access difficulties and lack
of proximity to fire protection services.
iii. The Applicant shall meet all of the codes and requirements of the Aspen Fire District.
15. The Applicant shall comply with the following general conditions regarding wildlife:
A) Manipulation of vegetation outside of the Activity Envelope is prohibited. Manipulation within the
Activity Envelope is subject to approved landscape and wildfire mitigation plans.
B) Mesh or woven wire fences are prohibited outside the Activity Envelope.
C) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed
fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and
shall have at least eighteen (18) inches between the lower two (2) rails.
D) Wire fencing must be three (3) strands or less. The top wire should be a twelve -point -five (12.5) gauge
twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be
barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing
entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the
ground.
E) Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five
(5) per acre whenever possible as nesting and perching habitat.
F) Fruit bearing trees and shrubs shall be prohibited. This does not preclude pre-existing native trees and
shrubs.
G) Development shall be clustered to the maximum extent possible to minimize impact on wildlife.
H) Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or
otherwise managing wildlife.
1) Trash/garbage shall be kept in an approved bear proof container or enclosure.
J) Bird Feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at
least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall
include a seed catchment pan to catch discarded seed.
K) Horse grains, pellets, and cookies shall be stored in bear resistant containers.
L) All outside doors shall utilize only solid round handled door knobs unless another type is required by
the applicable Building Code for disabled accessibility purposes.
M) Construction workers shall not bring dogs on site.
16. The parking/ access plan for the CDU must be reviewed and approved by the Aspen Fire District, and
Community Development Department prior to issuance of any permits for the CDU.
17. The caretaker dwelling unit:
a) Shall not exceed 881 net livable square feet.
b) The floor area will be included in the total allowed on the parcel.
c) Shall demonstrate two legal off-street parking spaces.
d) The applicant shall by deed restriction guarantee that the caretaker unit:
1. Shall not be required to be rented.
ON 006
Res. No. 2014
Page 6
2. Shall not be sold or otherwise conveyed or separated from the original parcel
regardless of the ultimate form of ownership of the CDU.
3. Shall be limited to occupancy by not more than two adults and related children,
who qualify as employees of the community under such guidelines as may be
from time to time established by the Housing Authority , or by the members of
the owner's immediate family even though they may not qualify as employees
of the community.
4. Shall be rented for terms not less than six months if rented.
e) The deed restriction may be removed by the property owner upon approval of the Community
Development Director, subject to the requirement that the dwelling is removed or modified by
proper permit.
f) The CDU shall not be used for mitigation of any employee housing requirements or fees as
established elsewhere in this code.
g) The CDU shall contain at a minimum two burner stove with oven, standard sink, and a
refrigerator plus freezer. The oven must be able to bake, broil and be at least 5 cubic feet; the
sink must measure at least 14'WX16"DX5.25"H. The refrigerator must be at least 5.3 cubic
feet and include at least a .73 cubic foot freezer.
h) The deed restriction shall be recorded prior to the issuance of the building permit for the CDU.
Prior to recordation, the floor plans shall be provided to the Housing Authority, and the floor
plans shall be attached to the deed restriction.
i) Upon completion of the unit, but prior to the C.O., Housing staff has the right to conduct an
inspection of the unit for compliance.
18. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses, to limit water
consumption and additional runoff, within one growing season after completion of construction.
19. 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.
20. 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 L, ,and Use
Code, Sec. 2-20-170 and C.R.S., Sec. 24-68-105. The statutory vested rights granted herein shall expire
on December 3, 2017.
000001
Res. No. 2014
Page 6
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on 30" day of
October, 2014.
APPROVED this 3rd day of December, 2014.
APPROVED AS TO FORM:
John Ely,
County Attorney
P087-14
264308200001
000,003
BOARD OF COUNTY COMMISISONERS
OF PITKIN COUNTY, COLORADO
By
Robert A. Inner, Jr. Chair
Date
APPROVED AS TO CONTENT
C
Indy Houben,
Community Development Director
� 11 1 c 1% 1
.d►c° * Lance Clarke <lance.clarke@pitkincounty.com>
Likover
1 message
Joanna Schaffner<joanna.schaffner@pitkincounty.com> Fri, Nov 7, 2014 at 9:09 AM
To: Lance Clarke <lance.clarke@pitkincounty.com>
I have reviewed the Likover 2012 Trust application for Activity Envelope and Site Plan, and Restoration or
Expansion of a Non -conforming Use and have the following comments.
1. Both the Assessor's Office and Building Department files indicate the existing floor area is approximately
7,000 sq ft, therefore any new floor area is subject to Growth Management.
2. The CDU was previously assigned the address 188 Letey Lane. It is unclear if the new location will trigger a
different house number.
3. A building permit was applied for in 2010 to legalize the caretaker dwelling unit, however, the permit
application expired without being issued because the owner failed to provide evidence of sufficient water to serve
the unit. The existing unit remains unpermitted and in violation of both the County's Land Use and Building
Codes as well as Administrative Decision 107-2009.
4. Condition #6 of Administrative Decision 107-2009 required an Electrical Affidavit and Building Permit to bring
the unit into compliance by January 15, 2010. This condition was not satisfied and the dwelling remains a
violation.
5. The dwelling unit should be avoid occupation and be removed or permitted regardless of any future
development plans, but definitely prior to issuance of any new development permits for the site. A Letter of
Credit should not be accepted to postpone demolition of the unit until after permit issuance because the dwelling
remains a violation.
6. Pursuant to the LUC's definition of dwelling unit, the structure is considered a dwelling if it contains a bathing
facility OR a kitchen. It need not contain both. It is assumed the structure contains an unpermitted bathing
facility, but I have not inspected the structure. If there is no stove AND no bathing facility, the county will not
consider the structure a dwelling unit.
6. A CDU Deed Restriction has been recorded.
7. 1 recall Carrington Brown did an enforcement action on this property a few years back and may offer
additional insights.
nv
" MEMORANDUM
TO: Lance Clark, Pitkin County Planner
FROM: Dave Rybak
DATE: November 21, 2014
RE: Bonnie Likover 2012 Trust Activity Envelope, Site Plan, Restoration or
Expansion of Non -Conforming Use or Structure with Significant
Changes, and Caretaker Dwelling Unit (CASE# P087-14; PID 2643-082-
00-001)
Thank you for forwarding the review comments from the County Zoning Officer.
Please see our responses to her comments below:
1. Both the Assessor's Office and Building Department files indicate the existing floor area is
approximately 7, 000 sq ft, therefore any new floor area is subject to Growth Management.
The Assessor's listed Floor Area and the Floor Area Calculations found within
the Building Department file for the Permit Application of the original
residence and C.D.U. are based upon previous LUC Floor Area definitions. Per
our documentation of the existing Residence and calculations of the Floor Area
under the current LUC, the existing Residence has an F.A.R. of 6,637 S.F.; the
existing C.D.U. has a floor area of 881 S.F., totaling 7,518 S.F. This application
requests no new floor area, the proposed C.D.U. will match the floor area of
the existing, and the language of Administrative Decision 107-2009, approving
the CDU.
2. The CDU was previously assigned the address 188 Letey Lane. It is unclear if the new
location will trigger a different house number.
Vehicular access to the proposed C.R.U. will come directly from the existing
driveway addressed as 190 Letey Lane. If the address for the C.D.U. needs to
be adjusted the applicant will comply.
3. A building permit was applied for in 201010 legalize the caretaker dwelling unit, however, the
permit application expired without being issued because the owner failed to provide evidence of
sufficient water to serve the unit. The existing unit remains unpermitted and in violation of both
the County's Land Use and Building Codes as well as Administrative Decision 107-2009.
The applicant was informed of this non -conformity after purchasing the
property. This application is their response to bring the property into
compliance with the County Land Use and Building Codes. A current well
permit is submitted within the application documenting the well is permitted
to serve 2 dwelling units.
604 East Hopkins Avenue, Suite 303
Aspen, Colorado 81611
PH / FX 970 925 1125
000010
00010 daverybak. com
4. Condition #6 of Administrative Decision 107.2009 required an Electrical Affidavit and
Building Permit to bring the unit into compliance by January 15, 2010. This condition was not
satisfied and the dwelling remains a violation.
This application is the current owners response to bring the property into
compliance with the County Land Use and Building Codes.
S. The dwelling unit should be avoid occupation and be removed or permitted regardless of any
future development plans, but definitely prior to issuance of any new development permits for the
site. A Letter of Credit should not be accepted to postpone demolition of the unit until after
permit issuance because the dwelling remains a violation.
Due to the condition of the existing C.D.U. structure, the applicant does not
utilize or occupy the building. We propose raising the structure prior to
requesting final inspections on the proposed C.D.U., utilizing it for storage
during the construction process.
6. Pursuant to the LUC's definition of dwelling unit, the structure is considered a dwelling if it
contains a bathing facility OR a kitchen. It need not contain both. It is assumed the structure
contains an unpermitted bathing facility, but I have not inspected the structure. If there is no
stove AND no bathing facility, the county will not consider the structure a dwelling unit,
To conform with the Land Use Code, the existing shower within the structure
will be removed prior to construction commencing. No cooking facilities exist
within the structure.
6. A CDU Deed Restriction has been recorded.
The applicant is aware of the existing C.D.U. Deed Restriction on the parcel
and will comply with the requirements.
7. I recall Carrington Brown did an enforcement action on this property a few years back and
may offer additional insights.
The applicant was notified by the County of the pending enforcement action
shortly after the purchase of the property, which initiated their research and
decision to make this Land Use Application.
000011
k
kki 'N'r s
Lance Clarke <lance.clarke@pitkincounty.com>
RE: Bonnie Likover 2012 Trust Activity Envelope, Site Plan, Restoration or
Expansion of Non -Conforming use or Structure with Significant Changes, and
Caretaker Dwelling Unit CASE P087-14; PID 2643-082-00-001)
1 message
W -C Caucus <caucus81656@gmail.com>
To: Lance Clarke <lance.clarke@pitkincounty.com>
Fri, Nov 7, 2014 at 2:37 PM
The Woody Creek Caucus District Planning Commission has no objections to the
subject application, assuming that all applicable land use regulations are complied
with, and that there are no adverse effects on the river corridor and neighbors.
Janet K. Schoeberlein
For the District Planning Commission
Janet K. Schoeberlein
7274 Upper River Rd.
PO Box 423
Woody Creek, CO 81656
970-923-0040, fx970-922-7295
000012
MEMORANDUM
TO: Lance Clarke Community Development Department
FROM: Cindy Christensen, Aspen/Pitkin County Housing Authority
DATE: November 10, 2014
RE: Bonnie Likover Special Review for a Caretaker Dwelling Unit (CDU)
Parcel ID No. 2643-082-00-001; P087-14
REQUEST: The applicant is seeking approval to convert an existing 881 square foot pole barn
into a detached caretaker dwelling unit (CDU).
APPLICANT:
APPLICANT'S REPRESENTATIVE
LOCATION:
ZONING:
LOT SIZE:
Bonnie Likover 2012 Trust
Dave Rybak
188 & 190 Letey Lane, Woody Creek
RS -20
6.4 acres
SUMMARY: According to Section 4-30-50(e)(1), CDU as Permitted Accessary Use, in the RS -
160, RS -35, RS -30, RS -20, AR -10, AR -2, R-30, R015, R -15A and R-6 zone districts one CDU
shall be a permitted accessory use provided that:
1. It is attached to a single-family home (the principal dwelling).
2. The caretaker dwelling unit shall not exceed 1000 net livable square feet on lots or parcels
that are 30,000 square feet or greater in lot area, and 700 net livable square feet on lots or
parcels that are less than 30,000 square feet in lot area.
3. The floor area of the caretaker unit shall be included in the total allowed floor area for the
lot or parcel of land.
4. Two off-street parking spaces shall be provided for each caretaker dwelling unit.
The applicant shall, by deed restriction or other permanent commitment running with the
land, guarantee that the caretaker unit:
a. shall not be required to be rented;
b. shall not be sold or otherwise conveyed or separated from the original parcel
regardless of the ultimate form of ownership of the caretaker unit;
c. shall be limited to occupancy by not more than two adults and related children, who
qualify as (and have been found by the Housing Authority to be) employees of the
000.013
community under such guidelines as may be from time to time established, or by
members of the owner's immediate family even though they may not qualify as
employees of the community;
d. shall be rented for terms not less than six months if rented.
6. The caretaker dwelling unit restriction may be removed by the property owner upon
approval of the Community Development Director, subject to the requirement that the
dwelling is removed or modified. If modified, the remaining improvements must no longer
be capable of occupancy as a dwelling unit and must meet otherwise applicable Code
requirements.
7. The provisions of this regulation are for the purpose of providing a voluntary caretaker
dwelling unit on a legally created lot or parcel in the County. Any unit approved under this
provision shall not be used for mitigation of employee housing requirements as established
elsewhere in the Land Use Code.
Section 4-30-50(e)(2)(c) allows a caretaker dwelling unit, as a special review, to be detached
from the principal single-family dwelling on the lot or parcel.
STAFF RECOMMENDATION: APCHA recommends approval of the caretaker dwelling unit
under the following conditions:
1. Conditions I through 5 stated above in the CDU section are met.
2. The kitchen contains at a minimum a two -burner stove with oven, standard sink, and a
refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic
feet; the sink must measure at least 14"VVX16"DX5.25"H; refrigerator must be at least 5.3
cubic feet and include at least a .73 cubic foot freezer.
A caretaker dwelling unit deed restriction shall be recorded prior to building permit; the
CDU deed restriction shall be provided by APCHA.
4. Floor plans of the CDU shall be provided to APCHA prior to Certificate of Occupancy.
2
000014
October 30, 2014
COLORADO
Parks and Wildlife
Department of Natural Resources
Glenwood Springs Area Office
0088 Wildlife Way
Glenwood Springs, CO 81601
Lance Clarke
Community Development
Pitkin County
130 South Galena Street
Aspen, CO 81611
RE: Bonnie Likover 2012 Trust Activity Envelope, Site Plan, etc.
Dear Lance,
Colorado Parks and Wildlife has reviewed the materials submitted for the proposed
activities at 190 Letey Lane. The property is located within a black bear fall
concentration area and human conflict area as determined by CPW's species activity
mapping (SAM) data.
CPW stresses that the applicant adhere to all Pitkin County land use code requirements
that relate to wildlife, and especially black bears. Important measures include:
1. Install round -handled door knobs on all exterior doorways.
2. Prohibit all berry, nut, and fruit producing trees or shrubs for landscaping.
3. Use only bear proof dumpsters and store trash securely until morning of pickup.
Additionally, CPW recommends that the applicant reclaim the area of disturbance after
removing the old pole barn using a native seed mix appropriate for this site. Contractors
for the project should not be allowed to bring pets onsite and must properly store all
garbage in bear -proof trash receptacles throughout the construction period.
Colorado Parks and Wildlife appreciates the opportunity to comment on this
project. If there are any questions or needs for additional information don't
hesitate to contact Land Use Specialist, Taylor Elm at (970) 947-2.971 or District
Wildlife Manager, Kevin Wright at (970) 947.2938.
Sincerely,
rerrryW;it�,A?rea Wildlife Manager
Cc. Kevin Wright, District Wildlife Manager
Taylor Elm, Land Use Specialist
File
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000015
NTKIN COUNTY PRE APPLICATION CONFERENCE SUMMARY
3ROJECT: Likover CDU
_OCATION: 190 Letey Lane&b 1 Z_._ PID* 2643-082-00-001
OWNER: Bonnie LikoverATrust
REPRESENTATIVE: Dave Rybak Phone: 925-1125 E Mail: dave@daverybak.com
DATE: June 20, 2014 PLANNER: Lance Clarke 920-5452
Type of Application: Activity Envelope, Site Plan, Restoration or Expansion of Non -Conforming Use or
Structure with Significant Changes, CDU
Description of ProjectlDevelopment: The Applicant is requesting approval for an Activity Envelope and Site
Plan with vesting to encompass potential future development of a CDU and new driveway. Property is over floor
area limitations, necessitating request for Expansion or Change of Non -conforming Structure.
Land Use Code Sections to be addressed in letter of request (application):
Sec. 2-30-20(g) (1), (3): Activity Envelope Criteria for Approval;
Sec. 7-10-50: Site Plan and Activity Envelope;
Sec. 7-20-10: Site Preparation and Grading;
Sec. 7-20-20: Steep and Potentially Unstable Slopes;
Sec. 7-20-30: Water Courses and Drainage;
Sec. 7-20-50: Geologic Hazards;
Sec. 7-20-60: Wildfire Hazard;
Sec. 7-20-70: Wildlife Habitat;
Sec. 7-20-120: Scenic;
Sec. 7-20-130: Landscaping and Vegetation Protection;
Sec. 4-30-50 (e): CDU
Sec. 9-50-30 (a) -(d): Restoration or Expansion of Non -Conforming Structure or Use with Significant Changes
Staff will refer the application to the following agencies: CDPW, Woody Creek Caucus, Aspen Fire, Zoning,
Housing
Review by: BOCC
Public Hearing: Yes, public notice is required. The Applicant shall post a public notice sign on the property
at least 15 days prior to the date specified for the Public Hearing pursuant to Sec. 2-20-100(a)(3) of the Land
Use Code. In addition, the Applicant shall mail notice (by certified mail) to all property owners within 300' of
the subject property and mineral estate owners with the return address of the Community Development
Department (form of notice to be obtained from the Community Development Department) 30 days prior to the
Public Hearing. The names and addresses shall be those on the current tax records of Pitkin County, as they
appear no more than 60 days prior to the data of the public hearing.
FEES: $3,104 (make check payable to "Pitkin County Treasurer")
■ Planning Office flat fee: $2,496 (Site Plan, CDU, and Non -Con.) (non-refundable; based on 10 hours of
staff time; if staff review time exceeds 12 hours, the Applicant will be charged for additional time above 12
hours at a rate of $312/hour)
■ $54 Publication Fee
■ $179 Housing Fee
000001 '0; vq
s $375 Clerk Fee
To apply, submit 5 copies of the following information, unless noted otherwise:
1. Summary letter explaining the request, explaining existing conditions, providing background on pnot
approvals and permits, and addressing compliance with the Code sections listed above.
2. Application requirements as designated in Section 2.1.12 (Site Plan) of the Pitkin County Land Use
Application Manual;
3. Proof of ownership of subject property;
4. Proof of access;
5. Proof of legal water supply for 2 units.
6. Copies of previous Land Use approvals;
7. Parcel description, including legal description and vicinity map;
8. Parcel creation history;
9. Total fee for review of the application;
10. Signed fee agreement (1 copy);
11. Consent from owner(s) to process application and authorizing the representative, if applicable (1 copy);
12. List of all property owners within 300' and mineral estate owners (1 copy);
13. Copy of this preapp form (1 copy)
NOTES:
PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION.
PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF
POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR
APPLICATION
➢ ALL MAPS SHALL BE FOLDED. Note: At least one copy shall have all materials at 81/2" x 11" or less.
This pre -application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and stales interpretations
based upon representations of the applicant. Additional information may be required upon a complete
review of the application.
000002
July 15, 2014
Pitkin County Community Development
Lance Clark, Assistant Director
130 South Galena Avenue
Aspen, CO 81611
RE 190 Let" Lane
Parcel I D 2613-082-00-001
Land Use Application
Dear Lance -
As owner of the property at 190 Letey Lane, Pitkin County, Colorado we are preparing an Application for rev iew of an Acnv ity Ctrrelope, Site Plan, Restoration or
Expansion of Non-Confotrritng Use or Structure with Significant Changes, and C D 11 To assist us through the application process, we have retained David Ryhak of
Ryhak Architecture & Development, P C , 600 Last Hopkins Avenue, Suite 303, Aspen C olorado, to he our representative
i
Sincerely. >/
Bonnie Likover
/ c
Bonnie Likover 2012 Trust
000003
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
Bonnie Likover 20111Trust
I . APPLICANT has submitted to COUNTY an application for Actirrity Envelope, Site Plan Restoration or Expansion
of Non -Conforming Use or Structure wrath Significant Changes, & C D.U. (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 A PPT T(' A TETT mr] (YIT TNTTV wrraa tlhgt face Ah Ir<rarl for the rirnrf-06" r of lana iicP �nnlrratinnc
WWII dLL;U111u11t011 U11 dPP11CdL10111111,11JuCh 1110110 1.11411 01110 tyPC U1 1d11u Wr, 1Cv1CW.
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 a base fee in the
amount of $ 3,104.00 which is based on 10 hours of staff time, and if actual time spent by staff to process the
application exceeds the average number of hours by more than 20%, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of
the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY APPLICANT
Cindy Houben
Community Development Director
Effective 01/26/2010
G:countyladmmlforms\agreement to pay
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BONNIE LIKOVER TRUST
ACTIVITY ENVELOPE SITE PLAN REVIEW Et C.D.U.
Parcel I.D.: 2643-082-00-001
TABLE OF CONTENTS
1. SUMMARY LETTER
2. APPLICATION REQUIREMENTS
A. IMPROVEMENT SURVEY
B. PARTIAL EXISTING CONDITIONS SURVEY
C. SLOPE ANALYIS
D. PROPOSED ACTIVITY ENVELOPE & SITE PLAN
E. CIVIL ENGINEERING REPORT - O.W.T.S REVIEW 3. PROOF OF OWNERSHIP
4. PROOF OF ACCESS
5. PROOF OF LEGAL WATER SUPPLY
6. PREVIOUS LAND USE APPROVALS
7. PARCEL DESCRIPTION
000006
1. SUMMARY LETTER
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October 2, 2014
Lance Clark
Pitkin County Planning Department
130 South Galena St.
Aspen, Colorado 81611
RE: Bonnie Likover Trust - Activity Envelope, Site Plan Review, C.D.U.
Parcel I.D.: 2643-082-00-001
Dear Lance:
On behalf of the Bonnie Likover Trust, we submit this application for Activity
Envelope, Site Plan, Expansion of Non -Conforming Use or Structure with Significant
Change and Caretaker Dwelling Unit approval.
.
The subject property is located at 190 Letey Lane, in the Woody Creek area of Pitkin
County. The parcel is consists of a flat bench above and the Roaring Fork River, and
extends down into the river. Previous development sited the primary residence on the
bench above the river. A pole barn structure was also erected on the bench above the
river just south of the residence. The development was sited within the required
'
setbacks of the zone district and County regulations in place at that time.
.�
The parcel is a 6.35 Acre property within the RS -20 zone district, created prior to the
implementation of these zone district regulations. The primary residence is a 6,637
,0-
S.F., 2 -story structure built to its current configuration in 1995. The pole barn was
Mk
converted to living space via a County approval for a C.D.U. in 2009. A building permit
application for the C.D.U. was filed by the previous owner, but final inspections and
Certificate of Occupancy were not completed or issued. The C.D.U. structure remains
unfinished, lacking a functioning kitchen. Due to the physical condition of the pole
barn structure, the applicant is requesting to raise the existing structure and construct
a new C.D.U. adjacent to the primary residence.
^Sec
2-30-20 1 3 - ACTIVITY ENFELOPE CRITERIA FOR APPROVAL:
(1) The application is in compliance with the Land Use Code and Land Use Policies as
enumerated below.
(3) The application is requesting review of an Activity Envelope and Site Plan. The
Activity Envelope encompasses those portions of the site which have been developed
by previous owners and that required for the proposed development.
a
Sec. 7-10-50 - SITE PLAN AND ACTIVITY ENVELOPE:
The proposed Site Pian and Activity Envelope encompasses the existing development
on the parcel, and limits the area of future development. The proposed Activity
Envelope avoids constrained areas on the site and adheres to the standards of the
Land Use Code.
600 East Hopkins Avenue, Suite 303
Aspen, Colorado 81611
PH/FX 970 9251125
0 � J � ®� daverybak,com
LIKOVER ACTIVITY ENVELOPE
OCT. 2, 2014
Sec. 7-20-60 - WILDFIRE HAZARD:
The parcel is not within mapped Wildfire Hazard areas.
DEFENSIBLE SPACE
The proposed CDU will be placed 40' from the existing residence, within an open area
on the site. The existing vegetation consists of clustered aspen trees, small conifers
lining the access driveway and decorative planting beds. Canopies of the existing
trees will not overhang the new structure and a defensible perimeter will be
maintained.
ACCESS
The parcel is accessed from Upper River Road via Letey Lane. The proposed
development includes additional driveway area to accommodate a turn -around area.
WATER SUPPLY FOR FIRE SAFETY
A water storage tank exists on the parcel, adjacent to the existing residence and
proposed CDU.
ROOFING MATERIALS
T The proposed CDU will have a Class A roof material.
Sec. 7-20-70 - WILDLIFE HABITAT:
The parcel is not within mapped Wildlife Habitat areas. The five general principals of
Wildlife Habitat protection apply to the proposed Activity Envelope and development.
Sec. 7-20-120 - SCENIC:
The parcel is not within mapped Scenic Overlay areas. The parcel is visible from
Highway 82, and the relocation demolition of the existing CDU structure and location
of the proposed CDU will cluster the structures, reducing the existing impact of the
development as viewed from the highway.
Sec. 7-20-130 - LANDSCAPING AND VEGETATION PROTECTION:
The existing landscape vegetation on the site consists of Aspen, Cottonwood and
evergreen trees, low growing planting areas adjacent to the residence, and an
irrigated meadow. The proposed development maintains the existing vegetation and
landscape design, removing several evergreen trees to create openings for the
additional driveway turning area.
A Sec. 4-30-50 e - CDU:
The parcel is within the RS -20 zone district in which CDU's are permitted Accessory
Uses. The parcel received approval for a CDU under Administrative Decision 107-2009
to convert an existing 881 SF pole barn into a CDU. A Building Permit application was
submitted and the permit issued for the renovation of that structure in 2010. The
previous owner allowed the permit to expire prior to completing the work.
3
0J0';
LIKOVER ACTIVITY ENVELOPE
OCT. 2, 2014
�. Sec. 7-20-10 - SITE PREPARATION AND GRADING:
" The proposed Activity Envelope keeps all construction within the existing meadow.
Construction of the CDU will be isolated to a small footprint preventing disturbance to
the majority of the site.
GRADING AND FILL PLACEMENT
The proposed development confines all grading to a small area at the CDU and drive
way. Less than 50 cubic yards shall be disturbed.
CLEARING, GRUBBING AND VEGETATION REMOVAL
The proposed development will require the removal of lawn area and a few evergreen
trees planted along the driveway by previous owners. No disturbance of native
vegetation will occur.
TREE REMOVAL AND MITIGATION
The trees required to be removed for the proposed development are limited to
evergreens planted by a previous owner. Mitigation in the form of new trees equaling
the D.B.H. of those removed will be planted around the new CDU.
PROTECTION OF NATRUAL TERRAIN
The proposed development will not adversely affect the natural terrain of the parcel.
Grading will be limited to the driveway and the CDU, tieing into the existing
topography of the immediate area. The existing utilities extending to the primary
- residence will be utilized to feed the proposed CDU, limiting disturbance on the parcel
A sedimentation fence will be placed around the area of disturbance during
r construction to control drainage. The completed topography will maintain the sheet
flow drainage across the parcel.
Sec. 7-20-20 - STEEP AND POTENTIALLY UNSTABLE SLOPES:
The majority of the parcel is relatively flat bench above the river corridor, with a
gentle slope from East to West toward the river. An embankment containing slopes in
excess of 30% separates the upper portion of the site and the river corridor. Previous
development placed structures away from the top of slope and the proposed Activity
Envelope maintains a buffer from the top of slope. Steep and potentially unstable
slopes are not included in the proposed Activity Envelope.
Sec. 7-20-30 - WATER COURSES AND DRAINAGE:
The existing development and the proposed Activity Envelope do not encroach upon
the Roaring Fork River or the 100 year flood plain within the parcel. The proposed
development will comply with all County regulations regarding drainage, groundwater,
irrigation areas, sediment control and water quality.
Sec. 7-20-50 - GEOLOGIC HAZARDS:
The parcel is not within mapped Geologic Hazard areas. The proposed Activity
Envelope avoids the steep slopes contained within the site.
2
00JJ 1(1-1)
. LIKOVER ACTIVITY ENVELOPE
OCT. 2, 2014
Because the existing structure was originally a pole barn, it lacks adequate foundation
and structural integrity for the current owners to complete the renovation into a
dwelling unit. The existing wood framed floor is warped and likely decaying. The
exterior envelope is lacking adequate insulation and weather proofing.
A new structure of 881 SF is proposed to be sited north of the primary residence.
Sec. 9-50-30 (a) -(d): - RESTORATION OR EXPANSION OF NON -CONFORMING STRUCTURE
OR USE WITH SIGNIFICANT CHANGES:
ADVERSE IMPACTS AND COUNTY LAND USE POLICIES
The floor area on the parcel is non -conforming due to Land Use Code regulation
changes over time, not as a direct result of the current owner or previous owners.
CONSISTENCY WITH MASTER PLANS
The Land Use Code recognizes this CDU's as a Permitted Use in this zone district.
Floor Areas exceeding the underlying zoning can be approved via the implementation
of a Transferable Development Right, therefore the additional floor area is accepted
in the zone district.
BUIDING CODE STANDARDS, HARDSHIPS OR IMPROVEMENTS TO FUNCTION AND
4
APPEARNCE
The existing Pole Barn structure has numerous deficiencies preventing investment into
the completion of the CDU in that building. Lack of a perimeter foundation, a framed
wood floor which is not level, and may be decaying, and roof framing which has
settled significantly would be costly to repair and bring up to current Building Codes.
Construction of a new structure for the CDU will improve the quality of the living unit,
relocate the accessory structure away from the edge of slope and cluster the
development internally on the site.
DEVELOPMENT EXACTIONS AND IMPACT FEES
The CDU will be meet all Code requirements for the creation of a voluntary CDU on
a
the parcel.
Sincerely,
Dave Rybak, A.I.A., LEED A.P.
President
4
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IMPROVEMENT SURVEY
A TRACT OF LAND SITUATED IN LOT 10. SECTION 5, AND LOT 3 SECTION B.
TOWNSHIP 8 SOUTH, RANGE 85 WEST OF THE OTH FM
COUNTY OF PITKIN, STATE OF COLORADO
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LIKOVER RESIDENCE�w-
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PROPOSED SITE PLAN AND ACTIVITY ENVELOPE .ab
AA L 33 Four Wheel Drive Rd
Carbondale, CO 81623
910.309.5259
August 22, 2014
Dave Rybak
dave@daverybak.com
Onsite Wastewater Treatment System Planning
Proposed Caretaker Dwelling Unit
Likover Residence
190 Letey Lane
Pitkin County, Colorado
Dave,
PWA&L I D xyy3-a��-aa•odr
Project No. C1091
ALL SERVICE septic, LLC has reviewed the desired development plan and visited the subject property to
assess onsite wastewater treatment system (OWTS) alternatives for a proposed caretaker dwelling unit
(CDU). The existing CDU will be demolished and a new CDU constructed. The existing residence,
served by an existing OWTS, will remain. The addresses of the residences on the property are 188 and
190 Letey Lane, Woody Creek, Colorado. The property is located in Woody Creek; an area where
OWTSs and wells are necessary.
EXISTING CONDITIONS
The existing main house will not be modified. It is served by an existing OWTS that was inspected by
CBO, Inc. on May 29, 2013. The complete OWTS Use Permit Packet and OWTS Use Permit are
enclosed. This system will remain.
PROPOSED DEVELOPMENT
The existing CDU will be demolished and associated OWTS properly abandoned.
A new, 2 -bedroom CDU is proposed. The CDU will be served by a new OWTS. There appears to be
adequate space on the property to accommodate a new OWTS. All minimum setbacks to pertinent
physical features such as wells, water courses, and dwellings can be maintained.
Using an assumed percolation rate of 20 minutes per inch, or Soil Type 2, sizing requirements for a 2 -
bedroom residence would include:
2008 OWTS Regulation (current r elation
Minimum 1000 -gallon septic tank
Minimum 394 square feet of infiltrative area (gravelless chamber trench/ gravity design)
40 'Quick 4' InfiltratorG gravelless chambers
Proposed OWTS Regulation (antigipated adoption October 2104
Minimum 1000 -gallon septic tank
Minimum 263 square feet of infiltrative area (gravelless chamber trench/ gravity design)
22 'Quick 4' Infiltrator@ gravelless chambers
000016
Other design and sizing alternatives are available.
Please call with questions.
Sincerely,
ALL SERVICE septic, LLC
Carla Ostberg, MPH, REHS
Reviewed
Richard H.
Page 2
Liability Clause: Under no circumstances whatsoever shall the liability of ALL SERVICE septic, LLC, in connection with
any contract, directly or indirectly, exceed the total amount paid by the client to ALL SERVICE septic, LLC for the services
and/or goods which are the subject of the contract in connection with which the liability arises.
000017
PARML EMSllNG
CONDITIONS SURVEY
A TRACT OF LAND SITUATED IN LOT 117„ SECTION 5,
AND LOT 3 SECTION 8, TOWNSHIP 9 SOUTH. RANGE 85 WEST
OF THE 6TH N.M.
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O
! 1% I Pitkin County Environmental Health Department
Onsite Wastewater Treatment System (OWTS) USE PERMIT
C# 1 Permit for Continued Use of on Existing OWTS
76 Service Center Road, Aspen, CO 81611
Phone: 970-920-5070 Fax: 970-920-5374
www.aspenpitkin.com/EHNR
Parcel ID #: 2643-082-00-001
OWTS Use Permit #: I 0023.2013.powu
Date Issued: 06/03/2013
Issued By: Kurt Dahl
Expiration hate: 06/03/2014
Owner(s): I Bay Tree Village LLC
Property Address: 190 Letey Ln
Legal Description:
licensed Inspector: Carla Ostberg
Inspection pate(s): 05/29/2013
SYSTEM INFORMATION
Components Type Capacity/Size
Primary Treatment Unit Concrete two-compartment tank 1500 gallons
Secondary Treatment Unit N/A N/A
Absorption Area Gravelless chambers (Standard) 48 Chambers (761 ft) in 4 rows
Other System Components N/A N/A
OWTS Use Status:
® In use at the time of the inspection. []Not in use at the time of the inspection.*
_.
*If the OWTS was not in use at the time of the inspection, it is recommended that the system be re-evaluated when it is in use for a more accurate
evaluation of the system.
System Records:
Permit #: 94070 Date of Issuance: 02/22/1995 Date of final Approval: 18/28/1995
# of Bedrooms or fixtures served by OWTS: 5 bedrooms.
Operational Status: The inspector indicated the system appears to be functioning properly and not in failure. The
septic tank is in good condition and there is no evidence of saturation or surfacing effluent from the soil treatment area.
Manhole lids were eroding and replaced.
Inspector Recommendations: Add an effluent filter, limit irrigation over absorption area and replace broken cap on
observation port in southern -most trench.
Department Recommendations: Add an effluent filter and limit irrigation over soil absorption area and replace the
broken cap on the observation port in the southern -most trench.
a Issuance of this OWTS use Permit is based solely on the conditions observed and reported by the inspector to the Department on the date of the Inspection(s) and
on Department records at the time of permitting. The issuance of this permit does not constitute a guarantee, warranty, or representation by the Department
that the system will operate properly or will not fall or that the system will not be subject to future enforcement action to correct non-compliant conditions.
Estimated capacity of the system has been fisted on the permit and we recommend that you monitor and/or meter water use to prevent overuse and possible
failure.
0Q00l/'
i CBO Inc.
33 Four Wheel Drive Road
Carbondale, CO 81623
cell) 970-309-5259 office) 970-704-0484
carla.ostbergagmail.com
May 31, 2013
Tom Melberg
tmelbergCcDrof.net
Onsite Wastewater Treatment System (OWTS) Use Permit Inspection
190 Letey Lane
Pitkin County, Colorado
Mr. Melberg
As requested, CBO Inc. performed an Onsite Wastewater Treatment System (OWTS) Use Permit
inspection at 190 Letey Lane on May 29, 2013.
The permit and record drawing were provided by Pitkin County Environmental Health Department
(Parcel ID # 2643-082-00-001). The subject OWTS consists of one 1500 -gallon two-compartment
septic tank, A distribution box, not accessible from grade, distributes effluent to four gravelless
chamber trenches, each with 12 Standard InfiltratorsO.
The septic tank appeared to be in good condition. Both inlet and outlet tees were present. There
was a very mature scum accumulation in the tank. The tank was pumped by Excavation Services
on May 30, 2013. The manhole lids were eroded and replaced with new ones. The absorption area
showed no signs of saturation, and had no indication of failure. Observation ports were present.
These ports are cut to grade. One cap is broken.
Recommendations:
Replace broken cap in on observation port in southern most trench.
Minimize irrigation over absorption area.
Add an effluent filter to outlet tee of septic tank (Orenco Biotube® Junior). This retro -fit may
be difficult due to the depth burial and position of existing outlet tee.
This evaluation is not a guarantee of future system performance. This inspection is good for one
year.
This report should be submitted to the Pitkin County Environmental Health Department. The
following links are the required application and application checklist.
Application:
http://www.aspenpitkin.com/Portals/0/docs/county/C_om%20Dev/EHNR/OWTS%20Use%20Permit%
20Application.oddf
Application Checklist:
httg://www aspenpitkin.com/Portals/O/does/coun /Com%20Dev/EHNR/OWTS%2OUse%20Perimt%
20ApPIication%20CheckIist.Pdf
Please call with questions.
000020
Sincerely,
(a� (o os-tbt `s
Carla Ostberg, MPH, REHS
NAWi Certified Inspector
Certification # ITC11042010 Exp. 2014
View of tank looking toward house
Outlet tee (photo taken during pumping)
000021
Inlet tee
View of field area looking east
View of field area looking west
Observation ports (port on southern most trench is broken ano
be replaced.)
Photos of pumping
000022
Onsite Wastewater Treatment Systems (OWTS) Use
y�1 ' r Permit Inspection Form
C4jUNT�` Pitkin County Environmental Health Department
76 Service Center Rd, Aspen, CO 81614
Phone: 970-921:1-5070 Fax. 970-920-5374
Website: www as en itkin.com ehnr
Inspection form for continued use of an existing OWTS
Owner's Name: 1 LU
Address:
n�
Parcel Number:
Inspection Date:
Inspector's Name: I 1
Business Name: -^
Phone Dumber
Email: %.:.f Ot . nm
Pitkin County Systems Inspector License Numdrer: D
A away of d413 1"Pcctlan rcoys i will be term[led W Pltkln CUUMV tnVtrannientQl Mealth aartment 6V
the Licensed Systems !nsrector within ka days of the inyTctlon regardless of whether the system
posses or falls.
QUESTIONS FOR PROPERTY OWNER PRIOR TO INSPECTION:
Is the home currently occupied? YES' NO
If NO, how long has the home been vacant?
How many bedrooms are in the home? Ll
If secondary treatment is used, who is the
maintenance provider?
RECORDS.
Were system records available from Pitkin County? YE NO
If YES: Permit number: 'off
Date of Final Approval: Z8 9 r-.�
# of bedrooms permitted: -1112
Was an as -built drawing available? NO
is the as -built drawing accurate? YES NO
If NO: Complete a drawing of the system on lost page of this form as accurately as
possible.
ed FAIL will require correction before an OMITS Use permit is Issued.
SITE CONDITIONS:
Proper grading, no evidence of erosion? P FAIL
Improper vegetative cover? YES
Evidence of compaction such as heavy machinery or livestock?' IVB YES
Improper discharges such as straight pipes? FAIL
Evidence of high ground water? YES
Snow cover present? F YES
000023 Pagel
TANK:
Tank 1
Tank 2
Tank 3
Tank capacity
gallons
gallons
gallons
Tank material
# of compartments
Date of last pumping
CA." -Nn
Lids/risers in good condition
P FAIL
PASS
FAIL
PASS
FAIL
Risers to grade
NO
YES
NO
YES
NO
Riser height
Riser condition/watertightness
n�
Inlet sanitary T/baffle
PW FAIL
PASS
FAIL
PASS
FAIL
outlet sanitary T/baffleP
' FAIL
PASS
FAIL
PASS
FAIL
Effluent filter (if part of design)
PASS FAIL /
PASS FAIL
N/A
PASS FAIL
N/A
Condition of tank material
FAIL
PASS
FAIL
PASS
FAIL
Tank was pumped for inspection
S NO
YES
NO
YES
NO
If YES, first the pumping company
If NO, when was the last pumping
Scum level (1st compartment)
4, Fip�`{AIA(,Ulnches
inches
inches
Sludge level (1st compartment)
inches
inches
inches
Scum level (2nd compartment)
inches
inches
inches
Sludge level (2nd compartment)
inches
inches
inches
Backflow (if pumped)
FAIL I
PASS
FAIL
PASS
FAIL
Midtank baffle
FAIL N/A
PASS FAIL
N/A
PASS FAIL
N/A
Watertightness__&M7e
FAIL
PASS
FAIL
PASS
FAIL
Tr;l,� jig CiOL Ol;<4flr , r� pec +r►
PUMPS/DOSING SIPHONS:
Is a pump or dosing siphon present? YES
If YES, is the pump/dosing siphon functioning properly? PASS FAIL
Does the pump/wiring/dosing siphon appear to be in good condition? PASS FAIL
Is the high water alarm working, both visible and audible? PASS FAIL
SECONDARY TREATMENT:
Is a secondary treatment unit present? YES (1rV0 UNKNOWN
If YES, does the unit appear to be in good working condition? YES `— ?
Does the owner have a current maintenance contract for the unit? YES NO UNKNOWN
Maintenance Provider: Phone:
If there is no maintenance contract, a contract must be in place ,Prior to occupancy of the home. A
copy of the contract must be submitted to Pitkin County Environmental Health Department.
ASSORBTION AREA:
Effluent surfacing?
Evidence of past surfacing?
Surface dampness?
Excessive odors?
Reid location verified by observation ports or probing:
Liquid in observation port?
If YES, record depth:
Distribution Box or ADV part of original design?
If YES, is It accessible from grade?
Is it level and in good condition?
000024
FAIL
YES
YES
YES
C T""s Probing
No YES
inches
YE No
YES
PASS FAIL
Page 2
UNKNOWN
Any problems with the system ti
r'j :D
Please list any recommendations for the continued use of the system:
O't Yx.i n i
14, if f-rN CIL A
Were any repairs done as a result of this inspection?
NO
If YES, please describe the repaKs•
ection is accurate as of
To the best of my knowledge and training, the information collected in this inspO
20�"
Licensed Systems Inspector Signature: L
Additional Notes:
ci ori label an ictures and attac them to this form.
Page 3
000025
i ;•
P.
a - , ENVIRoNmENTAL'!- F TH aEP! T' ` -
A5f'E PERMIT
APPLICATION FOR AN iNDIVIDUAL SE!NAG7✓ DISPOSAL $1fS
Bus. Phone
Of oVVh:ER c.6 � 1 �
Name Horne PFIWe
. Marling Address .
. f3L5. PI'UQnf! n ------��. '
Name Of AGENT ~
Name Phone #�
Mailing Address
�f � I
, Gopy of Permit to be Sent It _h^411 'rL� Permit #'
1=RMIT IS FOR: �E'N INSTALLATION, { J•
REPAIR { J ALTERATION NOT DUE TO FAILURE, or (J EMERGENGY USE. -fa Pe --�
Wool
IRECr"T ADDFCSS of Property. and subdiv.
lot � bloat ..�, riling.
WEGAL DESCRIPTION of Properly.
fza of Lot .Cres - Typo of Structure Proposed
`IF SEDROOIvIS #LOFTS �. # GARBAG E DISPOSALS
# DISHWASHERS
# CLOTH 5 WASHFJ��
OIYatcr SuPPhr { )
Private Well, () 9pring, () Stream, or 0 Sysferrt (PubRo.or Private Name: YES or { J NO
YC-- o. (J No FIRS TF-iiS PROJECT 13faEfV APPROVED BY prTKIN COUtdTYY { )
•Glrttbwtad4� umt a e at>we {nlaemeuon is tow a a a ri Ids! Fera + ke
PROOF OF ADEODATE WATER ATTACHEDT () 'Wq k -M" undcart"
p[ k1�1ef p,,yatlt required ra ca trucUan pursuant to imid.n CounlY cGdeS Db C0 �' .
on r�r an Imdtuldual se"'a9c dlsf?°s'� ,rystanr permRts er y,lz system
subsequent pear t. Issuance or the rxrmli does not IM �gge ar failure m Inadequacy
wo an app—ais and parmifs have been oblalned• 'rho owner assumes ell res{rar
Date
i y f3 Ifled below,
lSICNATURE dl APPLICANT .
he application becomes invalid 120 days from the data signed This Permii is valid ani for the d
et!!!!r!!!!tr!ltt4*rtlee��ft�sR�QVY 1=013 OFFICE USE ONLY• >
INDIVIDUAL SEWAGEQISPQSAL SYSTEM PERMIT #
/Ycs, 1l
Receipt # /! 3 Received ley --
S150 fee paid IvJ Date r®ceived roved in writing.
DESIGN CRITERIA OF SYSTEM TO BE INSTALLED',Any changes must be submitted and Epp
nd the any
.��-7� gallons.
mP, Average Dally Waste Fkmr: ^Lr'sG sneer
# of Bedrooms: percolation naty: Any ch-nes must be applarrcd IM w set,y a
is an Engineer Designed system needed? ( J.Yos or (o 1p41 a>ans a'rd speGncatlons of Ole errvinelr shaft hO tori -wed'
ental HWIh p�tnrard In wd6ny1
itian c¢rliry the noel Fnstafeliaa to the fOO"t / , j �?,;L square feet minlmum
allorts Absorption Atae _�- Chamber. () Absorption Pit _-
9 % atom. {) Pump[nglDosing
f�linimurn Septic Tank CtjPacilrY Graval•less system. �r
(i Absofptlon Bed. { Absorption Field In TTencttes. (ty - t Irc,� s (5 / l' l j' ( 1) + f r Y
.�y,Lcart -fuer .m3.�,rr-lcc.n-1 � ;1��.-��l�s whrc.H - we absorption
(� be" c cl 5 lie "n Before covering distribution system o1 absorb
f 5 eA,j1V Ajt ci ter' J rani f le L�12T1 f Placement of grave}, {
Upon cotn�iotlon and poor to p al�rnan! Staff. .
Before excavation. () Po Environmental health l)ep do,s+fs�s wn><k
Sta.,les t ulring inspection- {) and any situation deemed necessary by o a a the owarer or his agent to °` -
Geld, ( Prior to backliii of any componentpermisslon is hereby yr in any
allachments, this Permh Is subject
arrd ora eonsldeted salisiaclaTY• NOn b yanerd pravisbrts set larlh r7
system Ila- tree" rorla+aaed the date of tssuez In °+�
tRoaBans or the proposed Irrdivldual 11" Il til la � p;equtaaeas In etled dr,
-rn4 aF>� n Ind
Fridud 5a raga
i:,dlcnh:d atrrvR In aecordarv_e with the Pa9dR Cou ly
lu U+e F rltow+n9 addhianN terms end can no I any: , 07� _ �/� - _
DATE OF ISSUE: � ac al this
.L+ assumes all resPoas�'litles In case sd (ailrna or inadcrl++ Y I
1=GF( ISSUE BY: �'' in Environmtnlal I%cahir Oa,,. tA—L Tile, eraser _
APP EOVEU ,eras been Iaspecled loT y by �
fire abwl rnd'nridvai savage dkf asw sY it
• nslee C4arprele as -bider duawing and err specldicaaons or 'buil) Included th oris Por'a't DATE OF FINAL VSPECT3ON: r�
ON B i : AS,pgd. COtonAQo 81611 PliC7NHl: ]0'3.92'0.587C! FA% ]e],1#O.St47
FINAL INSPECT • . -� tae s Plurr0 txt aEcrclea ptn
t -i AL'ENrt 5.
;gOStt:tlt7o:frCPCM1PP�Rt#i.E.t ,
:+.ri'E1'tL? 114
•
U- -U
3. PROOF OF OWNERSHIP
006J2o
)WftL %.D, 2.413 - a�2^ed-ocl
RECEPT10-0: 600030, 06/03/2013 at
02:40:21 PM,
1 OF 3, R $21.00 DF $415.00 Doc Code
WD
WARRANTY DEED Janice K. Vas Caudill, Pitkin County, CO
THIS DEED dated .lune 2013, is granted and made by and between
BAY TREE VILLAGE LLC, a Colorado limited liability company (the
"Grantor") and the BONNIE LIKOVER 2o12 TRUST, whose mailing
address is: 593 Piney Point, Houston, Texas 77024 (the "Grantee").
WITNESS, that the Grantor, for and in consideration of the stun of Ten and oo/zoo U.S. Dollars
($10.00) and other good or valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, hereby grant, bargain, sell, convey and confirm unto the Grantee and the Grantee's
successors and assigns forever, all the real property, together with any improvements thereon,
described as:
A tract of land situated in Lot io, Section 5, and Lot 3, Section 8, Township 9 South,
Range 86 West of the 6th P.M., described as follows:
Beginning at a point on the Southwesterly right of way line of the D & RGW RR
whence Witness Corner to Sections 4, 5, 8 and 9 of said Township and Range bears
North 86°3o' East 3330.42 feet;
Q
thence South 31°o6' East 350.41 feet along the right of way line;
thence South 38°54' West 849.89 feet to the center of the Roaring Fork River;
thence North West feet
44°04' 108.31 along the center of the Roaring Fork River;
-C
thence North S3°48' West 254.40 feet along the center of the Roaring Fork River;
thence North 38054' East 76o.97 feet to the Point of Beginning.
Except a strip of land being 25 feet in width and all points parallel with and adjacent
to the Southwesterly right of way of the D&RGW Railroad, for the use as a right of
way over, along and across said property;
and also known by street address as: 190 Letey Lane, Woody Creek, Colorado 81656.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in
anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate,
rights, titles, interests, claims and demands whatsoever of the Grantor, 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 Grantee and the Grantee's successors and assigns forever.
The Grantor, for itself and for its successors and assigns, does covenant, grant, bargain, and agree to
and with the Grantee, -and the Grantee's successors and assigns that at the time of the ensealing and
delivery of these presents, the Grantor is well seized of the premises above conveyed; has good, sure,
perfect, absolute and indefeasible estate of inheritance, in law and in fee simple; and has good right,
full power and lawful authority to grant, bargain, sell and convey the same in manner and form as
aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens,
taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except:
1. Taxes for 2013, not yet due and payable.
2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the
same be found to penetrate or intersect the premises hereby granted as reserved in United States
Patent dated July 1, 1889, and recorded March 17, 1896, in Book 55 at Page 65, as Reception No.
x58447•
PERSONAL REPRESENTATIVE'S DEED
RECEPTION#y 600027, 06/03/2013 at
02:40:18 PM,
1 OF 1, R $11.00 DF $0.00 Doc Code PER
REP DEED
Janice K. Vos Caudill, Pitkin County, CO
THIS DEED dated '3 June 2013, is made and grantea r)etween
ROBYN ANN HUDGENS, the "Grantor," as Personal
Representative of the ESTATE of MARK HUDGENS, and the
BAYTREE VILLAGE LLC, a Colorado limited liability company,
whose legal address is: 401 West Bleeker Street, Aspen, Colorado
8x611, the "Grantee."
WHEREAS, the decedent died on 09 August 2oo6, and thereafter Grantor was duly appointed
Personal Representative of said estate by the Probate Court in and for Pitkin County, Colorado, as
Pitkin County District Court, Case No. 2oo6 PR 27, on the date of 24 August 20o6, and is now
qualified and acting in said capacity;
NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate
Code, Grantor does hereby sell and convey unto Grantee for no consideration, the following
described real property situate in Pitkin County, Colorado, described as follows:
A tract of land situated in Lot 1o, Section 5, and Lot 3, Section 8, Township 9 South, Range 85
West of the 6th P.M., described as follows:
Beginning at a point on the Southwesterly right of way line of the D & RGW RR whence Witness
Corner to Sections 4, s, 8 and 9 of said Township and Range bears North 86°3o' East 3330.42
feet;
thence South VoC East 350.41 feet along the right of way line;
thence South 38°54' West 849.89 feet to the center of the Roaring Fork River;
thence North 44°04' West 108.31 feet along the center of the Roaring Fork River;
thence North 33°48' West 254.40 feet along the center of the Roaring Fork River;
thence North 38054' East 76o•97 feet to the Point of Beginning.
Except a strip of land being 25 feet in width and all points parallel with and adjacent to the
Southwesterly right of way of the D&RGW Railroad, for the use as a right of way over, along and
across said property;
Also known by the street address of. 190 Letey Lane, Woody Creek, Colorado 81656.
IN WITNESS WHEREOF, Robyn Ann Hudgens as Personal Representative of the Estate of
Mark R Hudgens, has executed this deed on the date set forth above.
P rs Representative of
e s a e of Mark R. Hudgens
By:
State of Colorado
Rol Ann Hudgens
)
)ss
County of'Pitkin }
The foregoing instrument was executed and acknowledged before me this 3 day of June
2013, by Robyn Ann Hudgens as Personal Representative of the Estate of Mark R Hudgens.
Witness my hand and official seal.
My commission expires: a t'0\2 -ow -0
ota Public
=Notary
100030
MVCOrnrnisslOn Fxnlrw¢ FahninrL� n:. :; i„
WARRANTY DEED
Bay Tree Village LLC
to:
Bonnie Likover 2oi2 Trust
3. Easement and right of way granted to Rock Mountain Natural Gas Company, Inc., in Right of
Way and Easement dated September 19, 1961, and recorded October 19,196x, in Book 195 at Page
435, as Reception No. 112282, and Right of Way Easement dated September 18,1986, and recorded
April 14,1987, in Book 533 at Page 511, as Reception No. 287721.
4. Easement and right of way for ingress and egress as set forth in the Warranty Deed dated
February 9, 1962, and recorded February 13, 1962, in Book 196 at Page 478, as Reception No. 112833.
S. Terms, conditions, provisions, agreements and obligations specified under the Warranty Deed
dated May 14, 1966, and recorded May 19, 1966, in Book 220 at Page 440, as Reception No. 124311.
6. Terms, conditions, provisions, agreements and obligations specified under the Warranty Deed
dated February 24, 1965, and recorded March 3, 1965, in Book 212 at Page 16, as Reception No,
12oo67.
7. Easement and right of way for an electric transmission or distribution line or system, as
granted to Holy Cross Electric Association, Inc., in Right -of -Way Easement dated July 25, 1979, and
recorded dune 16,198o, in Book 390 at Page 203, as Reception No. 224675.
8. Terms, conditions, provisions, agreements and obligations specified under the Easement
Agreement dated February 2,5, 1988, and recorded April 4,1988, in Book 56o at Page 257, as
Reception No. 298791.
9. Terms, conditions, provisions, agreements and obligations specified under the Private Way
License dated December 6,1994, and recorded December 16,1994, in Book 769 at Page 746, as
Reception No. 377310,
10. Terms, conditions, provisions, agreements and obligations specified under the Private Way
License dated December 13,1994, and recorded December 19, 1994, in Book 769 at Page 8io, as
Reception No. 377329•
11. Any and all notes, easements and recitals as disclosed on the recorded Minor 1041 Review
Map for Richard Wax recorded January io,1995, in Plat Book 35 at Page 93, as Reception No.
377936•
12. Terms, conditions, provisions, agreements and obligations specified under the Administrative
Decision of the Community Development Director of Pitkin County, Colorado Approving the Hudgens
Special Review for a Detached Caretaker Dwelling (Administrative Decision No.1o7-2oog) dated
December 9, 2oog, and recorded December 10, 2oog, as Reception No. 565200.
13. Terms, conditions, provisions, agreements and obligations specified under the Occupancy
Deed Restriction and Agreement for a Caretaker Dwelling Unit Approved Pursuant to Section 6-30-
40 (c) of the Pitkin County land Use Code, dated February 9, 2o1o, and recorded February 18, 2010,
as Reception No. 5671o6.
Page 2 of 3
000031
WARRANTY DEED
Bay Tree Village LLC
to:
Bonnie Likover 2012 Trust
14. Terms, conditions, provisions, agreements and obligations specified under the Findings and
Order Concerning the Inclusion of Lands in the Basalt Water Conservancy District dated May 7, 2010,
and recorded May 17, 2010, as Reception No, 569405.
15. Any right, title or interest in an to the Quitclaim Deed dated March 15, 2010, and recorded
March 15, 2011, as Reception No. 578374
16, Single Story Apartment being outside of the building envelope as shown on the Hudgens
Improvement Survey provided by the Sexton Survey Company dated April 18, 2013, as Job No. 13o18.
17. Any rights, interests or easements in favor of the United States, the State of Colorado or the
public, which exists or are claimed to exist in and over the
The Roaring Fork River. present and past bed, banks or waters of
18. Any increase or decrease in the area of the land and any adverse claim to any portion of the
land which has been created by or caused by accretion or reliction, whether natural or artificial; and
the effect of the gain or loss of area by accretion or reliction upon marketability of the title of the land.
And the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises,
in the quiet and peaceable possession of the Grantee and the successors and assigns of the Grantee,
against all and every person or persons claiming the whole or any part thereof.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
JRTREE VILLAGE LLC,o ado limited liability company
udgens, Manager
State of Colorado )
} ss.
County of Pitkin )
The foregoing Warranty Deed was duly executed and acknowledged before me this day of
June 2013, by Robyn Hudgens, Manager of Bay Tree Village LLC, a Colorado limited liability
company.
Witness my hand and official seals.
My commission expires: D Ia1 nto
otary Public
NICOLE LEBBY
Notary Public
State of Colorado
My Commisslon Expires February 06, 2016
000032 Page 3 of 3
4. PROOF OF ACCESS
000033
1 0.: 24C t$ 6 f t -a►1
contract No. 31 C3 8 1
PRIVATE WAY LICE=
THIS AGREflKENT, Made and eatered into this -Achy of A - A.D. 1a9?!,
by and between THE DENVER AND RIO GRANDE WESTERN RAiLROO COMPANY. a corporation of
the State of Delaware, hereinafter called the "Licensor" party of the first part,
and Richard Wax, an individual, mailing address, 303 Uest Francis Street, Aspen,
Colorado, 81611
hereinafter called the "Licensee" party of the second part:
v1TNESSETH. That the Licensor, for and in consideration of the covenants and
agreements of the Licensee herein contained and upon the terns and conditions
hereinafter set forth* hereby licenses and permits the construction. maintenance and
use of the Private way or private wars hereinafter described (hereinafter called
"Private Way") across the right of wap and track or tracks of the Licensor as herein
specified, to vitt
A 16 Poor wide private road crossing at grade across the right o: way and main
track of the Licensor's Aspen Branch at Mile Post 392,40near Uoodv_ Creek, Pitkin
County, Colorado within Northeast quarter of Section 8 „9S, R651., 6th P.M.
This License is expressly conditioned upon the performance by the Licensee
Of all and singular the covenants and agreements hereinafter met forth to be by
said Licensee kept and performed, each of said covenants and agreements being hereby
made a condition. and it is also hereby stipulated that a waiver by the Licensor of
asy breach of any condition shall in no way impair the right of the Licensor to
avail itself of any subsequent breach of the some or any other condition.
PRIVATE WAY as and wherever said term is employed herein. shall wean a way
for travel for pedestrians. vehicles, Implements and live stock. Licensee agrees
said Private Way shall be used for the following purpose and for no other, to -wit:
Ingress and egress to residence.
And said term shall include such grading, approaches, planking, ditches,
drains, tiling, drain boxes, culverts, cattle guards, wing fences and fences, gates
with proper hinges and latches, raising of telegraph. telephone and signal wires for
proper clearance, and such signals. bells, sign post and signs and other safety
devices as shall In the particular instance be required by the Licensor, or which
may now or hereafter he prescribed and required by any law. State or Federal. or by
W order of any officer or regulatory board. State or Federal. having Jurisdiction
over Such matters.
The foregoing License Is subject to all outstanding superior right! (including
those in favor of telegraph and telephone companies, lessees of said right-of-way
and others) and the right of the Licensor to renew and extend the same,
I. If the Licensor shall elect to construct said Private Way or a
portion thereof, and shall so notify the Licensee, the Licensee agrees to pap to the
Licensor. is advance, such sum of mossy estimated to be S -0 -.as shall be necessary
to construct such portion or all of said Private Nay. including the cost of all
necessary material and the transportation thereof and the cost of all labor and
superintendence. If the Licensor shall elect not to construct said Private Way,
the Licensee shall ftaraish material for, and construct said Private Way at the sole
coat and cxpenae of the Licensee, :.4 such manner and according to Such plans at the
000034
U�t3i2
1%.. .✓
'Licensor may deed best for the safety and proper protection of the track. roadbed
and premises of the Licensor. If the amunt to be advanced by the Licensee as
hereinbefore provided should be fa excess of the amount required, the excess shall
be returned to the Licensee, if such amount should not be sufficient to cover the
expense of work done by the Licensor, the Licensee shall pay such additional amount
to the Licensor on demand.
2. The Licensee shall, at the sole cost and expense of the
Licensee, maintain, repair, and reconstruct, whenever necessary and when required
so to do by the Licensor. said Private Way and all its appurtenances in accordance
with plans and in a manner satisfactory to the Licensor; and at all times keep said
Private Way in a good state of repair; the Licensor, however. shall have the right,
If it so elects. at any time, though it shall be udder no obligation whatever to do
so, to make necessary or proper repairs or to reconstruct said Private Way,
notwithstanding the obligation of the Licensee to matatain. repair and reconstruct;
and 1t the event the Licensor at any time elects to repair or reconstruct said
Private Way, the Licensee shall, upon presentation of estimates, advance such sum
of money as the Licensor may deem necessary for such repair or reconstruction. or
Upon bill being rendered for work already done, the Licensee shall reimburse the
Licensor for the cost of such repair or construction. The optional right of the
Licensor to matte repairs or to reconstruct said Private Way shall in no manner or
degree relieve the Licensee from responsibility to the Licensor or to other persons
or corporations for the failure of the Licensee to properly maintain or reconstruct
said Private Way. or any structure which the Licensee agrees, as aforesaid to
maintain or reconstruct.
3. The Licensee Wean to pay to the Licensor. in advance, the sum
of S 250. 00 as consideration for license and permit herein granted.
4. If at any time after the installation of said Private Way, any
law, State or Federal. or any officer or regulatory board or commission. State or
Federal. having jurisdiction. shall require any alterations. changes or improvements
Of said Private Way and of its appurtenances, as herein defined, or any additional
safeguards, protection. signals or warnings, the same shall be constructed.
maintained and operated at the sole expense of the Licensee, as herein provided with
respect to maiptenmee, repair. reconstruction, etc., in paragraph 2 hereof,
` 5. The Licensee shall not enter upon the prexises for the purpose
Of constructing said Private Way nor for the purpose of repairing or renewing the
same. without special written license or permit first had and obtained from the
Licensor, or the Licensor's duly authorized agent, except in cases of emergency when
work is necessary to avert loss or damage to property. All work of construction.
maintenance. operation or reconstruction shall be done by the Licensee in such
amwer as to cause no interference with the constant, continuous and uninterrupted
q use of the tracts and property of the Licensor as to operation. maintenance,
renewals or possible new construction by the Licensor.
b. This License shall not be deemed to give the Licensee exclusive
passeasion of ant part of the premises described, but the Licensor shall have
unimpaired right to retain its track or tracks as now owned and operated at the
b place of construction of such Private Way, and nothing *hall be done or suffered to
be done by the Licensee at any time that shall in any manner imWr the usefulness
or safety of said track or tracks of the Licensor or of any track or improvement to
be hereafter constructed. The Licensor shall have the right at any and all tinea
hereafter to construct, maintain and operate such additional tracks, structure* and
g
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3Q o 3 5
1%..r -..i
Improvements where said Private way is to be constructed and across the same, as it
may from time to time elect; and in cue of any change at any time in the
arrangement. construction or plan of the Licensor'* tracks, or in case of the
construction of any buildirga or improvements by the Licensor, said Private way
shall be altered or entirely removed by the Licensee at the sole cost and expense
of the Licensee. in such manner as may be necessary to conform to the tracks.
building or improvements of the Licensor as so the ad, altered or improved, and If
the Licensee shall fail to do any of the things in this paragraph enumerated, the
Licensor nay do or cause the same to be done at the cost of the Licensee.
7. The Licensee shall at all times protect. indemnify and save
harmless the Licensor from any and all claims including claims of negligence against
Licensor. demands. judgments, cost, expenses, and all damage of every kind and
nature made, rendered or incurred by or in behalf of any person or corporation
whatsoever, in any manner due to or arising out of any injury to or death of any
person. or damage to property of any person or persons whomsoever, including the
parties hereto and their officers, families, servants and employees, in any wanner
arising from or growing out of the construction. maintenance, operation, repair,
extension. renewal, existence, use or removal of said Private Way, or the failure
to properly construct, operate, maintain, renew or remove She same, and from all
costs and expenses, including attorneys' fees connected in anywise with the matters
and things contained in this Agreement. Neither the right of supervision by the
Licensor of the location. installation. operation and the maintenance of said
Private Way, nor the exercise or failure to exercise said right. nor the approval
or failure to disapprove, by the Licensor of the location, installation, operation
and maintenance of said. Private Way. -nor the election of the Licensor to construct
or reconstruct the whole or any part or to repair said Private Way, shall be deemed
a waiver of the obligations of the Licensee contained in this paragraph or a release
therefrom, or from any other obligation of this agreement resting upon said Licensee
that is hereinbefore or hereinafter expressed or implied.
8. If the Licensee shall fail to locate, construct, operate,
repair. extend, renew or remove said Private Way in accordance with the terms of
this License and to the entire satisfaction of the Licensor, or shall fail to pay
to the Licensor any sun of money for the construction, repair, extension, renewal
or removal of said Private Bair, or shall fail to adjust the said Private War to any
changes made by the Licensor, or shall in any respect fail to keep and perform any
of the conditions, stipulations, covenants and provisions of this License to be kept
and performed by the said Licensee. this Agreement shall at the option of the
Licensor be void and of no effect; and this License shall cease and the Licensor
shall have the right to remove said Private Way and restore the right of way and
prewises of the Licensor at any time thereafter at the sole expense of the Licensee.
Any forfeiture hereunder may be claimed by the Licensor without notice to the
Licensee. kay notice herein provided for shall be sufficiently given and delivered
I
f mailed In an envelope properly stamped and addressed to the Licensee at the last
known post office address. or if no address is known, at the post office nearest to
the place where the said Private Way is located.
9. Non-use of such Private Way for the purpose for which it was
originally constructed. continuing at any time for the periost of one year, shall
Constitute an abandonment of this License. Galeas so abandoned or terminated, as
hereinabove or hereinafter provided, this License and Agreement shall remain in full
force and effect until terminated by written notice given by either party to the
other partT not less than sixty days in advance of the date of such teraination: but
It is understood %hat if at any time the maintenance and operation of said Private
Way shall be inconsistent with the use by the Licensor. of the right of way for
railroad purposes, this License shall immediately cease ipso facto.
3
J U Ji 4
0U0
10. Within thirty days after the termination of this License
howsoever. the Licensee at Licensees sole expense, shall. it the Licensor so
desires the Licensee to do, remove the said Private Vay (including all approaches,
Planking, sates, and all other structures constructed in connection with said
Private Wail and restore the premises of the Licensor, including all right-of-way
fences. to a condition which will be satisfactory to the Licensor. and if the
Licenses falls so to do. the Licensor may do such work of removal and restoration
at the expense of the Licensee. In the event of the removal of the Private Way as
In this section provided, the Licensor shall not be liable to the Licensee for the
damage suatalaed by Licensee for or on account of such removal. and such removal
shall not prejudice or impair any right of action for dem%pe or otherw1 a which the
Licensor may have against the Licensee.
11. (This Paragraph 11 left blank intentionally.)
12. The covenants, stipulations and conditions of this Agreement
shall extend to and he binding upon. the Licensor, its successors and assigns, and
shall extend to and be binding upon the Licensee and the heirs. admlaistrators.
executors. successors and assigns of the Licensee (as the context may admit), and
the term "Licensee" used herein shall be held to include such persons.
copartnerships or corporations as are mentioned herein as of the second part. The
Licensee shall not assign this License or any interest therein directly or
indirectly, nor encumber the same without the written consent of the Licensor first
had and obtained.
IN VITNM W EMP, the parties hereto have caused these presents to be
duly executed the day and year first hereinabove written.
ATTEST:
ATTEST:
u�UU5
3Ju i'al3�
Licensee
5. PROOF OF LEGAL WATER SUPPLY
000038
Q,gte of Colorado Water Resources - View Well Details: Receipt 9503389 http://www,dwr.state.co.us/WellPermitSearchNiew.aspx?receipt=9503389
L 1• n• � : - o =-ua •sot
a Color d D"rbra* or Natural nesou= C;0101 v.gov I conudd Us
'C'v1'9t:iJ!) Y)171:j1.0 a1
Colorado's well Permit Search
Well Constructed Help Last Refresh: 10/2/2014 12:01:50 AM
t Receipt: 9503389 Division: 5
Permit #: 74416-F - Water District: 38
Well Naive / #: County: PITICiN
Designated Basin: Management District:
Can Number:
WDID:
[-] Applicant/Owners History
Date Range Applk int/Owner Name Address City/State/Zip
Unlaio" - Presea LIKIM BONNIE 2012 TRUST CIO LARRY LIKOM 593 PINEY Pr HOUSTON, TX 77024-
[-] Location Information
- Approved Well Location:
Q40 Q160 Section Township Range PM Footage from Section Lines
NE NW 8 9.OS 85.OW Sixth 330 N 3575 E
Northing (UTM y): 4350810.0 Easting (UTM x): 335278.4
Location Accuracy: Spotted from section lines
Physical Address Subdivision Name
City/State/Zip Filing Block lot
Parcel ID: 49-2643-082-00-001 Acres In Tract: 6.53
[-] Permit Details
Dane issued: 08/17/2010 Date Expires:
Use(s): DOMESTIC Aquifer(s): ALL UNNAMED AQUIFERS
STOCK
Special Use:
Area which may be Irrigated: 4 ACRES
Maximum annual volume of appropriation:
Statute,
Permit Requirements: Totalixing Flow Meter Geophysical Log Abandonment Report
Yes No NO
Cross Reference Permit Number Receipt Desariptkm
Permit(s): 184314-- 3377226
Comments., Per 8WCD #578. Possible AU, 600 R spacing. Phy address: 0190 Letey Lane, Aspen,
CO 81611. Tax #R003140. Proposed use: 1 SFD, 1 ADU, 4 acres irrigation & waiter 5
head livestock. dmw 08/06/10
C-] Construction/Usage Detalis
A Well Construction Date: 02/06/1995 Pump Installation Date: 04/24/1995
Well Plugged: 1st Beneficial Use:
Elevation Depth Perforated Casing (Top) Perforated Casing (Bottom) Static water Level Pump Rate
140 60 135 46 15
Lk # Name Address Phone Number
- Pump 1050 SAMUELSON, FAUN BOX 297 GLENWOOD SPGS, CO 81602 970-945.6309
Installer
[-] Application/Pernilt History
Ownership Change 08/07/2014
Permit issued 08/17/2010
Application Received 06/16/2010
Pump Installation Report Received 05/11/1998
Pump Installed 04/24/1995
Well Construction Report Received 03/03/1995
Well Constructed 02/06/1995
[-] Imaged documents
00003"'y
�f 2 10/2/2014 11:38 AM
°4.ate of Colorado Water Resources - View Well Details: Receipt 9503389 http://www.dwr.state.co.us/WellPermitSearchNiew.aspx?receipt=9503389
Document Name Date Imaged Annotated
Change in Owner Name AddresslLacatron 08/18/2014 No
Ongmal File
09/27/2010 No
Copyright ® 2009 Colorado Division of Water Resources. All rights reserved.
Horne I Contad Us I Help I Water Links I Cdorado.gov I DNR I Privy Pollcy 1 Transparency Online project (TOP)
4fV)
f'2 10/2/2014 11:38 AM
6. PREVIOUS LAND USE APPROVALS
000041
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CARUKNNEL Oormime, lwc. k.Md -So- 9-9,1294
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RICHAM WAX
Plh Z44% -03Z cK
?Bh944 1•0.1 teys-ed'i.Igo .al
ADMINISTRATIVE DESCISION OF THE COMMUNITY DEVELOK;+TENT
DIRECTOR OF PITKIN COUNTY, COLORADO APPROVING THE HUDGENS
SPECIAL REVIEW FOR A DETACHED CARETAKER DWELLING
= Administrative Decision NoJDI 4009
RECITAL
i
1. Robyn Hudgens ("Applicant") has applied to the Community Development Director of Pitkin
County, Colorado, for approval of a detached Caretaker Dwelling Unit ("CDU") of up to 1,000
square feet of floor area..
2. The parcel is located at 190 Letey Lane. The lot is 6.4 acres and is non -conforming in the RS -20
zone district. PID#: 2643-082-00-001 (Legal Description, Attachment A).
3. The Applicant was issued a Notice of Violation by the Code Enforcement Officer because an
illegal dwelling existed on the parcel. The Applicant submitted this request to remedy the
violation and convert the dwelling into a CDU.
4. The legality and of the structure and applicability of GMQS carne into question during the
review. Staff' concludes that the structure is legal because it was constructed sometime in the
early 1960'x. The structure was then legally converted into an office in 1995 and considered
residential floor area pursuant to building permit no. 5-712. Sometime after 1995 the structure
was finally converted into an illegal dwelling.
5.
The Applicant provided notice of the application to adjacent property owners as required pursuant
to See. Sec. 2-20-100(A) of the Land Use Code on September 18, 2009. The public notice sign
e
was posted on the property on September 3, 2009. No objections were received within 30 days
from the date the notice was mailed.
6.
The Director finds that the Hudgens detached CDU complies with applicable standards of the
2006 Land Use Code as amended found at Subsections 4-30-50(e)(lx2), 2-30-30(h), 6-30-40(c),
and 240-20(f).
THE DIRECTOR DOES HEREBY APPROVE the Hudgens request for a detached CDU, subject to
-
e following conditions:
i 0
t. The detached CDU shall not exceed 1,000 net Iivable square feet of floor area, which shall count
V
toward the total allowable floor area for the lot. The kitchen contains the following, as defined in
the Aspen/Pitkin County Employee Housing Guidelines: a minimum of a two -burner stove with
a, Z
n
oven, standard sink, and a refrigerator plus freezer_ The oven must be able to bake and broil and be
at least 5 cubic feet, the sink must measure at least 14'"WX16"DX5.25"H; refrigerator must be at
r
least 5.3 cubic feet and include at least a .73 cubic foot freezer. The floor plan fnr the CDU shall be
a a
submitted to the County Housing Office for review.
o V
o 2
2. The Applicant shall, by covenant, guarantee that the caretaker unit:
S v
a. Shall not be required to be rented;
b. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of
O4 a z
he
the ultimate form of ownership of the caretaker unit;
c. Shall be limited to occupancy by not more than two adults and related children, who qualify
a W0
as and have been found by the Housing Office to be) employees of the community under
LL U
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21
U0U"043
such guidelines as may be from time to time established, or members of the owner's
immediate family, even though they may not qualify as employees of the community,
d. Shall be rented for terms not less than 6 months if rented.
A 3. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy, County
Housing Office staff shall be entitled to conduct an inspection of the CDU for compliance with
the above -referenced requirements.
4. The caretaker dwelling unit restriction may be removed by the property owner upon approval of the
- Community Development Director, subject to the requirement that the dwelling is removed or
modified. if modified, the remaining improvements must no longer be capable of occupancy as a
dwelling unit and must meet otherwise applicable Code requirements.
5. The provisions of this regulation are for the purpose of providing a voluntary CDU on a legally
created lot or parcel in the County. Any unit approved under this provision of the Pitkin County
land Use Code shall not be used for mitigation of employee housing requirements as established
elsewhere in said Code.
6. Applicant shall submit an electrical affidavit and for a building permit for the unit, The unit must
be brought into compliance by January 15, 2010.
7. Applicant shall adhere to all material representations made in the application.
_ 8. Failure to comply with the conditions of this approval may result in revocation of this approval,
or any subsequent permit(s) or approval(s) related to this property, or vested rights associated
with this property.
APPROVED:
G
Cindy ouben
Community Development Director
Date: �� . "� , 2009
P140-08
P1D#2643-082-04401
000044
7. PARCEL DESCRIPTION
000045
+- 1 • D.: ZL Y3 - i/t -dd -0J1
:ommitment Number: 13003088
First American Title Insurance Co
EXHUMT A
PROPERTY DESCRIPTIOA
The land referred to in this Commitment is described as foliows
A tract of land situated in Lot 10, Section 5, and Lot 3, Section 8, Township 9 South, Range 85 West of the 6th
PM., described as follows:
Beginning at a point on the Southwesterly right of way line of the D & RGW RR whence Witness Corner to
Sections 4, 5, 8 and 9 of said Township and Range bears North 86°30' East 3330.42 feet;
thence South 31 `06' East 350.41 fleet along the right of way line,
thence South 38054' West 849.89 feet to the center of the Roaring Fork River;
thence North 44°04' West 108.31 feet along the center of the Roaring Fork River;
thence North 33°48' West 254.40 feet along the center of the Roaring Fork River;
thence North 38°54' East 760.97 feet to the Point of Beginning.
Except a strip of land being 25 feet in width and all points parallel with and adjacent to the Southwesterly right
of way of the D&RGW Railroad, for the use as a right of way over, along and across said property, Pitkin
County, Colorado.
ALTA CommImment
E.AMA
0010046
(13003088. PPD/1300308811 B)
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IMPROVEMENT SURVEY
A TRACT OF LAND SITUATED IN LOT 10, SECTION 5, AND LOT 3 SECTION 8,
TOWNSHIP 8 SOUTH, RANGE 85 WEST OF THE 6TH P M
COUNTY OF PITKIN: STATE OF COLORADO
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MISCELLANEOUS
DOCUMENTS