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HomeMy WebLinkAboutpitkin.planning.291112100019 (2015)C� D&b-Pi L &dli R wr wil Far R &mj&t& (150 LawPir HwrrLc AwlR&ad/) AN APPLICATION FOR: MINOR AMENDMENT APPROVAL AND SITF PLAN REVIEW SuBMIrr£D aY HAAS LAND PLANNING, LLC 420 E. MAIN SrRF£r, Surrf 10-8 ASPEN, COLORADO 81611 (9 70) 925-7819 wvfkcrh@ hip a4p ern.. oum Ja wwawy 21, 2015 000001 6T `4 ' PID No. 2911-121-00-019 AN APPLICATION FOR MINOR AMENDMENT APPROVAL AND SITE PLAN REVIEW FOR THE GLOBE LODE (150 LOWER HURRICANE ROAD) Submitted by: Robert Andrew Williams Revocable Trust 16255 Ventura Blvd #800 Encino, CA 91436 (818)855-5317 Prepared by: HAAS LAND PLANNING, LLC 420 E. Main Street, Suite 10-B Aspen, CO 81611 Phone: (970) 925-7819 Email: mitch@hlpaspen.com 000002 PID No. 2911-121-00-019 Globe Lode Rural and Remote Minor Amendment and Site Plan Review Application TABLE OF CONTENTS Exhibits Exhibit 1: Proof of Ownership Exhibit 2: Letter of Authorization for Haas Land Planning, LLC and Jim Petrie (Architect) to Represent the Applicant Exhibit 3: Pre -Application Conference Summary Exhibit 4: Letter from Attorney Sarah M. Oates Regarding Non -Merger of Parcels and Chain of Title Exhibit 5: BOCC Resolution Nos. 074-2009,085-2013, and 070-2014 Exhibit 6: OWTS Letter from All Service Septic Exhibit 7: Letter from Attorney Anne Marie McPhee Regarding Domestic Water Supply Exhibit 8: Executed Agreement to Pay Form Exhibit 9: Property Owners Within 300' Mailing Addresses PID No. 2911-121-00-019 000003 PAGE 1. INTRODUCTION..........................................................................1 Il. EXISTING CONDITIONS................................................................3 1I1. THE PROPOSAL...........................................................................5 IV. REVIEW REQUIREMENTS...............................................................7 A. Minor Amendment....................................................................7 B. Site Plan Review.........................................................................8 C. Rural Character, Environmental Protection and Natural Hazards....... 10 1. Site Preparation and Grading...............................................10 2. Water Course and Drainage................................................10 3. Scenic View Protection/Rural Character Guidelines................11 4. Landscaping and Vegetation Protection................................12 D. Roads, Driveways and Parking....................................................12 E. Public Services and Utilities.......................................................12 Exhibits Exhibit 1: Proof of Ownership Exhibit 2: Letter of Authorization for Haas Land Planning, LLC and Jim Petrie (Architect) to Represent the Applicant Exhibit 3: Pre -Application Conference Summary Exhibit 4: Letter from Attorney Sarah M. Oates Regarding Non -Merger of Parcels and Chain of Title Exhibit 5: BOCC Resolution Nos. 074-2009,085-2013, and 070-2014 Exhibit 6: OWTS Letter from All Service Septic Exhibit 7: Letter from Attorney Anne Marie McPhee Regarding Domestic Water Supply Exhibit 8: Executed Agreement to Pay Form Exhibit 9: Property Owners Within 300' Mailing Addresses PID No. 2911-121-00-019 000003 I. INTRODUCTION This application seeks Site Plan Review for a previously approved 600 square foot dwelling unit in the Rural/Remote (RR) zone district. Minor Amendment approval is also needed to slightly change the boundaries of the Activity Envelope. The new cabin will be the second to be developed on the property and it will be deed restricted for Resident Occupancy, as required by the Code. The size of the already approved Activity Envelope will increase slightly from 0.53 to 0.55 of an acre. The previously approved envelope was permitted to exceed the Y2 -acre maximum Activity Envelope requirement of the RR zone. The RR zoning allows up to half an acre of Activity Envelope per principle use/dwelling unit; thus, the two cabins that will result from this application's approval are permitted a total activity envelope area of 1.0 acre. As such, special review approval is no longer necessary to accommodate the requested 0.55 -acre envelope. The subject property is an 8.4 acre mining claim known and described as the Globe Lode, U.S.M.S. No. 6987, Highland Mining District, County of Pitkin, State of Colorado. The property is located on the backside of Aspen Mountain, at 150 Lower Hurricane Road (though sometimes referenced as 250 Lower Hurricane Road). The Robert Andrew Williams Revocable Trust (hereinafter "the applicant") owns the property. Proof of the applicant's ownership is provided in Exhibit 1. Authorization for Haas Land Planning, LLC, and Jim Petrie (designer) to represent the property owner for this application is provided in Exhibit 2. A pre -application conference summary is included herewith as Exhibit 3. An opinion letter from attorney Sarah M. Oates regarding non -merger of parcels and chain of title is attached as Exhibit 4. BOCC Resolution Nos. 074-2009, 085-2013, and 070-2014 are attached as Exhibit 5. An OWTS letter from All Service Septic is attached as Exhibit 6. A letter from attorney Anne Marie McPhee explaining the applicants need and intent to haul in water to the site for domestic use in the new, deed -restricted cabin is attached as Exhibit 7. Finally, an executed fee agreement and a list of property owners within 300 feet of the subject property are attached as Exhibits 8 and 9, respectively. This application is being submitted pursuant to the following sections of the Pitkin County Land Use Code (the Code): Section 2-20-150(b), Minor Amendment to a Development Permit Section 2-30-20(g), Activity Envelope Criteria for Approval; Sections 7-10-50 and 7-10-60, Activity Envelope and Site Plan; Section 7-20-10, Site Preparation and Grading; Section 7-20-30, Water Courses and Drainage; 7-20-120(e), Rural Character Guidelines for Building Location; Section 7-20-130, Landscape and Vegetation Protection; Section 7-30, Roads, Driveways and Parking; and Section 750, Public Services and Utilities. Globe Lode Rural/R=.te Site Plan Application - Cabin #2 P-9° t 000604 This application is divided into four sections. This section provides a brief introduction, while Section II furnishes an overview of the existing conditions of the subject property and surrounding area. Section III summarizes the applicant's proposal. Finally, Section IV addresses the proposed development's compliance with the review criteria of the Code. For the reviewer's convenience, all pertinent supporting documents are provided in the various exhibits attached hereto. While the applicant has attempted to address all relevant provisions of the Code, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise which require further information and/or clarification. Upon request, Haas Land Planning, LLC, will gladly provide such additional information as may be required in the course of the applications review. Globe Lode Rtnal/Retnote Site Plan Application - Cabin #2 Page 2 000005 II. EXISTING CONDITIONS The subject property is an 8.4 acre mining claim known and described as the Globe Lode, U.S.M.S. 6987, Highland Mining District, Pitkin County, Colorado, as described in United States Patent recorded October 19, 1982 in Book 434 at Page 228 (Reception No. 244870). The Globe Lode is located in the area commonly referred to as Little Annie Basin. The property is accessed from an existing gravel driveway that originates at Lower Hurricane Road, via Little Annie and Castle Creek Roads. Said driveway is in compliance with county standards. Above the driveway and large parking area is an old jeep road that does not lead to any other property or connect with any other road. Lower Hurricane Road traverses several mining claims. The property benefits from access easements across these properties and there is also an underground utility easement. The predominant vegetation on the property is aspen trees and some scattered conifers. The entire area maintains a cover of native brush and grass, most of which is 4 -feet in height or less, other than the areas immediately around the cabin where groundcover is maintained at a height of 6 -inches or less for wildfire hazard mitigation/defensible space purposes. The property, in total, is considered to have a low -to -moderate wildfire hazard. There are no mapped Pitkin County -regulated wildlife habitat types affecting the Globe Lode. There are areas of the property mapped for geologic hazards in the form of potentially unstable slopes (slopes in excess of 30%) and avalanche areas, but these do not affect the approved Activity Envelope or proposed small additions thereto. In August of 1985, Dr. Nicholas Lampiris, a consulting geologist, visited the Globe Lode, and found that there were no geologic hazards that could affect the proposed structure as it was sited. Dr. Lampiris found that because the site was on a gently sloping ridge between two deeply incised gullies, there was no potential for flooding, debris flows or snow slides reaching the site. Additionally, no evidence of rockfall was noted on the ridge, and the topography is such that any infrequent rockfall would lead to the gullies rather than the ridge, which is where the existing and proposed cabins are sited. Therefore, contrary to the mapping, field -verification determined that there is no avalanche hazard affecting the subject property. Furthermore, Jeffrey L. Hynes, an Engineering Geologist with the State of Colorado Department of Natural Resources, found the site to be suitable for residential development in September of 1985. While 1985 was thirty years ago, the intervening time period equates to almost nothing in "geologic time," by which standard a thousand years ago is considered relatively recent. Globe Lode Rural/Remote Site Plan Application - Cabin 92 Page 3 000006 1041 Hazard Review approval was granted for the subject property pursuant to Resolution No. 85-21. All of the aforementioned recommendations were followed when the existing cabin and driveway were built, and the cabin was legally established, as demonstrated by the Building Permit issued by the Pitkin County Building Department on June 3,1987. There is also a well, water storage tank and a septic system. The property was later rezoned to Rural/Remote, in 1994. Pursuant to Resolution No. 074-2009, the BOCC granted the following approvals: • Activity Envelope approval to encompass the existing cabin and associated development, as well as the eventual development of an additional dwelling unit restricted to Resident Occupancy. • Site Plan review for a buried water tank. • Special Review and Site Plan Review to extend an electric service line to the property. • Special Review and GMQS Exemption for a new 562 square foot deed - restricted (R.O.) dwelling unit. • Special Review to establish setbacks in the Rural/ Remote zone district. BOCC Resolution No. 085-2013 granted an extension of the vested rights associated with the Resolution No. 074-2009 approvals until October 23, 2016. The electric service line has been trenched and buried under the driveway, but none of the other improvements allowed under the 2009 approval had commenced. BOCC Resolution No. 070-2014 approved an Activity Envelope Amendment that changed the location for the additional 600 square foot cabin that was approved in 2009. Additionally, Site Plan Review for the remodel of the existing cabin was granted, along with Special Review approval to exceed the 'h -acre Activity Envelope limit in the RR Zone District. Finally, this resolution approved expansion of the non -conforming structure (the existing cabin) and set a total of 2,258 square feet as the total allowable FAR for the existing and proposed cabins, combined. The existing cabin has been remodeled pursuant to this BOCC approval and a subsequent building permit. It now has a main floor (the old loft space above has been removed), unfinished basement mechanical space below, and exterior decks. Little Annie and Lower Hurricane Roads are plowed up to the property just below the Globe Lode. The two closest homes to the subject property are a 1,097 square foot cabin on 10 acres of land, and a 5,460 square foot home on 2 acres of land. Both of these properties are owned by the Javier Trust (actor Antonio Banderas) and were rezoned to the RR designation at the same time as was the subject property. Lode Rmal/Remote site Plan Application - Cabin #2 Page 4 000001 III. THE PROPOSAL The applicant is requesting Site Plan Review to construct the previously approved 600 square foot deed -restricted cabin and also requests a minor amendment to the approved Activity Envelope. The Activity Envelope will have a total area of 0.55 acre, where the previously approved Activity Envelope was 0.532 acre. The new cabin is still proposed in the same location as indicated during the 2014 approvals referenced above. The only changes to the previously approved Activity Envelope are the addition of a small area (80sf) for a transformer that Holy Cross Energy intends to install, a small area (128sf) between the new cabin and the existing driveway in order to install a walkway and some steps to the new dwelling, and an additional 294 square foot area just south of the new cabin for accommodation of necessary excavation and grading work associated with the new cabin construction (this area will be reseeded and restored after construction). It should be noted that although the Activity Envelope is more than t/z-acre, a good portion of the envelope is for the existing driveway. Furthermore, since two dwelling units are approved for the property, the applicant is entitled to two Activity Envelopes of '/s -acre in size each, for a total of one acre. This proposal still maintains an Activity Envelope of less than 0.6 of an acre, or less than 60% of that allowed under the RR zone district limitations. As mentioned above, the existing electric transformer will be upgraded and placed on an 8' x 10' pad located on a flat ground just off of the driveway. The new cabin will have electric service, and its own water storage, but will connect to the existing septic. The applicant intends to haul in domestic water for the new dwelling unit, which will be deed restricted in accordance with Resident Occupied requirements as applied to similar Rural Remote cabins. It is anticipated that a total of just five trees will need to be removed to develop the cabin in its approved location. The total DEH of the removed trees equals 59 inches, and at least this amount will be replaced on-site. Access to the site will continue to come from Lower Hurricane Road. Mr. Art Hougland, a Pitkin County approved wildfire expert, has previously rated the wildfire hazard on the subject property as "Medium." Other than the existence of slopes with grades in excess of 30% and the modest geologic hazards identified by Nick Lampiris in 1985, the subject site is not affected by any mapped hazards. Floodplain, wetlands, riparian areas, alluvial fans, talus slopes, Mancos shale, faults, expansive soil/rock, ground subsistence, or historical or archaeological resources are not known to affect the property. The proposed activity envelope does not contain any slopes of greater than 30%. Globe Lode RutaURemote Site Plan Application - Cabin #2 Page 5 000003 The 2009 Resolution states that the applicant must provide a title history for the parcel and proof of non -merger when submitting an application for Site Plan review for the new/second dwelling unit (see Condition 2.A -E of the approval). This information is provided in Exhibit 4. Another condition of the 2009 Resolution states that, prior to the issuance of a building permit to construct the additional dwelling unit, the applicant must provide proof of an adequate water supply for domestic and fire protection purposes, and for irrigation, if applicable (Condition 6-A). The applicant is intends to haul in water for the domestic water supply, as permitted by Pitkin County Community Development policy. The applicant has carefully researched other potential water options and has determined that hauling in water and storing it in the 5,000 gallon water tank in the crawl space beneath the new dwelling unit is the only viable option. This request is more clearly explained in the letter from attorney Anne Marie McPhee, attached to this application as Exhibit 7. Even though the property is not visible from Castle Creek Road, the Rural Character Guidelines of the Scenic View Protection Area (Code Section 7-20- 120(e)) are addressed in the Review Requirements section, below. Globe Lode RnraVRemote Site Plan Application - Cabin #2 Page 6 IV. REVIEW REQUIREMENTS The applicable review standards of the Code are addressed in this section of the application and in the following order: A) Minor Amendment to a Development Permit ((§2-20-150(b)); B) Site Plan Review (§230-20(g)(2), §7-10-50, and §7-10-60); C) Rural Character, Environmental Protection, and Natural Hazards (§ 7-20): 1. Site Preparation and Grading (§ 7-20-10); 2. Steep and Potentially Unstable Slopes (§ 7-20-20); 3. Water Course and Drainage (§ 7-20-30); 4. Scenic View Protection/Rural Character Guidelines (§ 7-20-120); 5. Landscaping and Vegetation Protection (§ 7-20-130); D) Roads, Driveways and Parking (§ 7-30); and E) Public Services and Utilities (§ 7-50). A. Minor Amendment to a Development Permit Section 2-20-150(b) The applicant is seeking a Minor Amendment to the previously approved Activity Envelope in order to include a new electric transformer, new walkway and stairs, and some additional area just south of the new cabin for construction and grading. Section 2-20-150(e) of the Pitkin County Land Use Code states that, after the issuance of a development permit, a minor amendment to any development permit intended to change an element or condition thereof may be approved administratively, pursuant to the standards and criteria in Section 2-30-20. In tum, Section 230-20 of the Code provides that Minor Amendments to Development permits may be approved administratively upon confirmation that the application meets the criteria of Section 2-20-150(b) of the Code. Said Section 2-20-150(b) requires that the Community Development Director find that the request: (1) Is consistent evith action(s) taken during previous development approvals for the property, and (2) Does not change the use of the proposed development behveen residential, commercial and tourist accommodation uses; and (3) Does not change the basic character of the approved use of land on tohich the activity occurs, including basic visual appearance and method of operation; and Globe Lode Ruml/Remote Site Plan Application - Cabin N2 Page 7 000010 (4) Does not constitute a new land development activity; and (5) Does not increase off-site impacts in the surrounding neighborhood; and (6) Does not endanger the public health, safety or welfare, and (7) Does not violate any Land Use Code standard; and (8) Does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and (9) Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent. The proposed amendments to the previously approved Activity Envelope and Site Plan are consistent with the actions taken by the BOCC as part of the previous approvals. The use of the property/development will remain residential. The proposed change does not alter the basic character of the approved use of land, including the basic visual appearance or method of operation, nor does it constitute a new land development activity as everything now proposed was contemplated during the previous review processes and associated approvals. The changes proposed do not increase off-site impacts in the surrounding neighborhood. Furthermore, the proposed changes will not endanger the public health, safety or welfare, and do not violate any Land Use Code standards. Finally, the proposed changes do not increase the need for on- site parking or utilities beyond that previously contemplated and understood, nor does the current proposal affect affordable housing generation, increase the approved floor area of the use, or decrease the anticipated open space on the site. B Site Plan, Sections 2-30-20(g)(2),7-10-50 and 7-10-60 Section 2-30-20(g)(2) of the Code provides the criteria for approval of a Site Plan as follows: A Site Plan shall be approved if it complies with (a) all applicable provisions of this Land Use Code, (b) any Activity Envelope previously approved for the property pursuant to Section 7-10-50, and (c) all prior development approvals applicable to the subject property. Where the property contains Constrained Areas, the Community Development Department staff shall follow those Priorities for Locating New Activity or Development listed in Section 7-10-60. If an Activity Envelope has not been previously established for the property pursuant to Section 7-10-50, one shall be established as part of the Site Plan Review process. The proposed Site Plan for the new cabin complies with all applicable provisions of the Code, as demonstrated throughout this application. This application is modifying the previously approved Activity Envelope to accommodate installation of an electric transformer, to construct a walkway and steps from the Globe Lode kml/Remote Site Plan Application - Cabin #2 Page 8 000011 driveway to the new cabin, and to allow for normal excavation and grading during the cabins construction. A minor amendment to the Activity Envelope approved pursuant to Resolution No. 070-2014 is similarly sought. As mentioned above, since there will be two dwelling units on the property, the applicant is entitled to two'hacre Activity Envelopes on the property, for a total activity envelope area of 1 -acre. The total proposed Activity Envelope is less than 0.6 of an acre, or less than 60% of that allowed. The Code defines "Constrained Areas" to include all areas in each of the following categories: (i) Areas of Statewide Interest, (ii) steep and potentially unstable slopes, (iii) water courses, drainage channels, and areas subject to erosion, (iv) floodplain hazard areas, (v) geological hazard areas, (vi) severe or low to moderate wildfire hazard areas, (vii) wildlife habitat areas, (viii) river and stream corridors and wetlands, (ix) irrigated lands for food or crop production, (x) historic preservation areas, and (xi) archaeological resource areas. Sub -section IV.B. of this application, below, addresses the proposal relative to the constraints found on the subject property, including steep slopes, geologic hazards, water courses, drainage channels, floodplams, geologic hazards, wildfire hazard, wildlife habitat, river and stream corridors and wetlands, and irrigated lands. All "Constrained Areas" on the subject property will be avoided, as addressed in Section III hereof, above, and again in greater detail later in this application. The amended Activity Envelope and proposed development minimizes impacts on surrounding properties, maximizes compliance with the requirements of the development standards in Chapter 7 of the Code, and maximizes compliance with Comprehensive Plan goals and objectives. After the Activity Envelope is defined and the Site Plan is approved, all applicable local, state and federal permits will be obtained prior to any clearing, grading, grubbing, or earthmoving that exceeds fifty (50) cubic yards, or changes the natural drainage of the site. The natural grade, topography, vegetation and drainage of areas outside the activity envelope will not be disturbed, except as specifically permitted by the Code. Prior to any development activity on the parcel, the boundaries of the activity envelope will be identified with construction fencing, and such fencing will remain in place until development has been completed and the Certificate of Occupancy is issued. Section 7-20-50 of the Code identifies development standards applicable to specific geologic hazard areas, including avalanche areas, landslide areas, rock fall areas, alluvial fans, talus slopes, Mancos shale, faults, expansive soil and rock, and ground subsistence. None of these geologic hazards have been found to affect the proposed activity envelope area on this property. D00012 Globe Lode Rml/Remote Site Plan Application - Cabin #2 Page 9 C Rural Character Environmental Protection and Natural Hazards (Sec. 7-20) 1. Site Preparation and Grading, Section 7-20-10 The proposed Site Plan and amendment of the Activity Envelope continues to ensure consistency with the requirements of Section 7-20-10. In accordance with Section 7-20-10(a), all grading and fill placement will take place within the defined Activity Envelope, and all grading and fill placement exceeding 50 cubic yards is/will (for future Site Plan review(s)) be indicated on the Site Plan. Pursuant to Code Section 7-20-10(b), all clearing or grubbing of land, or removal of vegetation will take place within the amended Activity Envelope, except for the removal of noxious weeds or requirements necessary for wildfire mitigation, both of which may occur outside of the Activity Envelope, if/as necessary. Section 7-20-10(c) governs tree removal and mitigation. The applicant understands that each tree with six (6) inches or larger diameter at breast height (D.B.H.) that is removed within the Activity Envelope shall be replaced with one (1) or more trees with total D.B.H. at least equal to the caliper(s) of the tree(s) removed, unless the tree(s) are diseased, or required to be removed pursuant to the provisions of Section 7-20-60. All revegetation shall also comply with the Pitkin County Revegetation Guidelines. The applicant further understands that any required trees that do not survive for at least one (1) year after installation will need to be replaced. It is anticipated that a total of just five trees will need to be removed to develop the cabin in its approved location, but this will be verified as part of the building permit application review. The total DBH of the five trees anticipated for removal equals 59 inches, and at least this amount will be replaced on-site. The applicant will use care to protect the natural terrain and other natural features of the landscape (there is no stream vegetation on the property) within the Activity Envelope, in accord with Section 7-20-10(d). 2. Water Course and Drainage, Section 7-20-30 A conceptual grading, drainage and erosion control plan for the construction of the new cabin has been prepared by SGM consulting engineers and is attached to this application (see Sheet C1 of the accompanying plans set). Final drainage and erosion control plans will be submitted with building permit applications. The proposed development of the site will demonstrate maintenance of historic drainage patterns to reasonably preserve the natural character of the site and prevent property damage. The flow of natural watercourses will not be impeded, and adequate drainage will be provided for all low points. On-site Globe Lode RwgRemote Site Plan Application - Cabin #2 Page IO 000013 treatment of storm water will be designed to detain and allow infiltration of runoff prior to discharge to any water body. All erosion related impacts associated with development of the property will be minimized and will be further addressed as part of the building permit applications for the new dwelling unit. Erosion control will be accomplished by minimizing disturbance to natural vegetation and soil cover, ensuring that all cuts and fills are adequately designed and revegetated, and providing provisions for protection of vegetation from fire. Runoff volumes and peaks within the development site and in areas affected by runoff from the development site will not exceed the levels attributable to the undeveloped site as determined by a professional engineer licensed in the State of Colorado. The drainage related improvements discussed above would also aid in minimizing erosion. The development will not affect irrigation of any agricultural lands, and it will not adversely affect the exercise of any existing and decreed irrigation water right. There is and will be no flood irrigation on the subject property. A permitted on-site wastewater treatment system already exists in a location where it is not impacted by flood irrigation or seepage from irrigation ditches. Sedimentation controls will be implemented before and throughout development, and there will be no runoff into any water body, wetlands, or riparian area. Finally, use and development of the property will comply with all state and federal statutes and regulations concerning the protection and enhancement of water quality, and will be consistent with maintenance of the Stream Classifications for the Roaring Fork River watershed, as identified in Section 208 of the Roaring Fork Watershed Management Plan, while emphasizing the most efficient use of water. This development shall not result in the introduction of any contaminants to groundwater, or interfere with any recharge area or aquifer. No building shall be constructed immediately downhill of a ditch. 3. Scenic View Protection/Rural Character Guidelines, Section 7-20-120 Section 7-20-120(d) of the Code, Standards for Scenic View Protection, does not apply as the property is not visible from Castle Creek Road. However, Section 7- 20-120(e) of the Code provides guidelines for all development in the "Rural Area" and states that, All development in Rural Areas should be located so that activities and development occur in one or a combination of the following locations as they may apply to the particular property: (1) at the edge of an open meadow or pasture; (2) behind an existing stand of vegetation; (3) behind or built into a change in natural topography; or (4) within a pasture or Globe Lode Rural/Remote Site Plan Application - Cabin #2 Page 11 900014 meadow, clustered in the form of a ranch compound or adjacent to or integrated into an existing ranch compound The subject property does not include any open meadows or pastures. It is a forested area in the Rural/Remote zone district. Other than the existing driveway, the entire Activity Envelope is behind a stand of trees and the location of the new cabin is in the same place that was approved in 2014. 4. Landscaping and Vegetation Protection, Section 7-20-130 The proposed development will comply with the Pitkin County Landscape Guidelines in order to preserve existing vegetation, and to ensure that man-made improvements are screened from view, preserving the rural character of the County. Please see the attached Site/Landscape Plan, which demonstrates that only five trees will be removed and will be replaced with equal or greater total DBH. All disturbed areas will be revegetated to match existing grasses and wildflowers. New aspen trees and native plants will be added in front of the new site walls. The steps on the north side of the new cabin will be constructed with 6" landscape ties. D Roads Driveways and ParkinF, Section 7-30 All new road and driveway construction must receive a development permit from the County Engineer and Community Development Director. Outside of the Aspen UGB, roads and driveways must be designed and constructed in compliance with the Pitkin County Road Standards and Specifications and the Pitkin County Asset Management Plan. All off-street parking spaces must conform to the standards of Section 7-30-20(b). The applicant agrees to comply with all of the above standards. E Public Services and Utilities, Section 7-50 All development must comply with the provisions of Code Section 7-50 regarding the design and installation and/or extension of public services and utilities. The Code states that extensions of public utilities shall take place within a defined Activity Envelope, which may include separate designated areas, different from those portions of the Activity Envelope designated for primary structures, accessory structures, or driveways. Additionally, disturbed areas are required to be revegetated. The applicant will follow these standards. All necessary utility extensions have already been buried in the existing driveway. As mentioned above, the applicant intends to haul water to the property and store it in a 5,000 -gallon water tank that will be located in the crawl space beneath the cabin. After consideration of all other methods, water hauling has Globe Lode Rtual/Ren ote Site Plan Application - Cabin #2 Page 12 000015 been determined to provide the only viable option for domestic water supply, as explained more fully in Exhibit 7. All Service Septic visited the subject property to assess the existing onsite wastewater treatment system (OWTS). The applicant will replace the existing system with a new OWTS that will accommodate both the existing dwelling and the new cabin. As indicated in the report (see Exhibit 6), there is sufficient area on the property and within the Activity Envelope to accommodate the proposed OWTS. 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' a�flfO"aacw ai �"oscwa�w�.r�xl nOF r� c�nwi° :ose""a'owenrms°'vu ,un ne , s ttawxo wsniwuv murusxs srsrzr iowr)xn'mvca e. o`mms. ���cum"wn<� rerrcc�n�.w a�cxr cvsca`° eLN1Xw.++��ue'�'s,wr cw`�EenneWi�wnwer I , Hazer° ' nixes ax ro ec awo`m. I I , Preliminary �SGM a x..a�a, Not For Williams Deed Restricted Cabin 7u xen=a° ten, sn. vso Pitkin Comfy, CO Construction aalm�n%a' coe,sm H raysmm mmv I •� Schematic Grading,Cj Drainage and Erosion ,-__.__i ai__ u 1 EXHIBITS Exhibit 1: Proof of Ownership Exhibit 2: Letter of Authorization for Haas Land Planning, LLC and Jim Petrie (Architect) to Represent the Applicant Exhibit 3: Pre -Application Conference Summary Exhibit 4: Letter from Attorney Sarah M. Oates Regarding Non - Merger of Parcels and Chain of Title Exhibit 5: BOCC Resolution Nos. 074-2009,085-2013, and 070-2014 Exhibit 6: OWTS letter from All Service Septic Exhibit 7: Letter from Attorney Anne Marie McPhee Regarding Domestic Water Supply Exhibit 8: Executed Agreement to Pay Form Exhibit 9: Property Owners Within 300' Mailing Addresses 000023 PID No. 2911-121-00-019 EXHIBIT � 1 Owner's Policy of Title Insurance - Schedule A Issued by Name and Address of Title Insurance Company: Wastcor Land Tide Insurance Company, 201 N. New York Avenue, Suite 200, Winter Park, Florida, 32789 State: CO County: PTI'KN Address Reference: 150 LOWER HURRICANE RD, ASPEN, CO 81811 File No.: PCT23842W3 Policy No.: OP-8-CO1045-3371085 Amount of Insurance: Premium: Date of Policy: November 18, 2013 C 3:20 PM Simultaneous M. Reinsurance# 13-1451 1. Name of Insured: THE ROBERTANDREW WILLIAMS REVOCABLE TRUST UTAID JULY 8, 2013 2. The estate or interest in the Land that Is insured by this policy is: IN FEE SIMPLE 3. Title is vested in: THE ROBERT ANDREW WILLIAMS REVOCABLE TRUST U/AID JULY 8, 2013 4. The Land referred to in this policy is descdbed as follows: See Attached Exhibit "A" Issued By j -- Authorized Signatory OGa0L4 EXHIBIT "A" LEGAL DESCRIPTION GLOBE LODE, U.S.M.S. NO. 6987, as described in United States Patent recorded October 19, 1982 in Book 434 at Page 228. TOGETHER with a perpetual non-exclusive easement and dght-of-way for ingress and egress under terms and conditions as set forth in Easements Agreement recorded December 2, 1982 in Book 436 at Page 662. Said easement being 30 feet in width and more particularly described as follows: An easement situated in Sections 1 and 12, Township 11 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado. Said easement is 30.00 feet in width lying 15.00 feet on each side of the following described centerline: Beginning at a point whence Comer No. 3 of the Ede Lode, U. S.M. S. 3283 bears N 11'49'09" E 29.26 feet thence S 39'17'26'W 106.05 feet; thence S 87'56'55" W 33.93 feet; thence N 63'5T26" W 25.43 feet thence N 38°5333" E 65.49 feet thence N 38"3545' E 36.09 feet thence N 42'4T47' E 76.98 feet thence N 29'40150" E 22.90 feet; thence N 04'13'16" W 22.65 feet; thence N 28'20'26'W 25.38 feet thence N 39'15'40" W 68.79 feet; thence N 40'59'43" W 74.23 feet; thence N 53'41'10" W 32.88 feet thence N 83'18'09" W 34.08 feet to the centerline of the Little Annie's Road as now constructed and in use; thence the following courses and distances along said road: S 10'46'11" W 156.00 feet, S 63'59'50" W 55.24 feet S 83'OT24" W 170.12 feet S 67'53'49" W 150.68 feet S 73`32'53" W 132.25 feet; S 78'41'06" W 107.64 feet S 75'05"38" W 74.07 feet S 66'50124" W 57.00 feet; S 57'28'12" W 177.90 feet; S 37'55'04" W 96.40 feet S 08'12'23" W 110.92 feet; S 03'4620" W 120.46 feet S 13'32'07" E 278.18 feet S 24'22'03' W 131.29 feet S 10'35'21" E 145.44 feet; S 17'21'10"W 139.54 feet S 32'32'09" W 91.51 feet S 74'03'38' W 16.65 feet more or less to the point of intersection with the easterly boundary line of Lime Creek Village Subdivision, First Fling. AND TOGETHER WITH a perpetual non-exclusive easement and right-of-way thirty (30) feet in width as set forth in Grant of Access Easement recorded February 1, 1985 in Book 480 at Page 791 and as recorded In Grant of Access Easement recorded March 20, 1987 in Book 531 at Page 775. 000025 SCHEDULE B -OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT23842W3 November 18, 2013 @ 3:20 PM OP-6-COID45-3371085 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be in possession, thereof. 2. Easements, liens, encumbrances, or claims thereof, which are not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the public records. 4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter furnished, which lien, or right to a lien, is not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water(see additional information page regarding water rights), whether or not the matters excepted under (a), (b), (c) or (d) are shown for the public records. 6. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies tabes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records 7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal or other utilities unless shown as an existing lien by the public records. SPECIAL EXCEPTIONS: 8. Taxes and assessments (not Including condominium or homeowners association assessments or dues) for the year 2013 and subsequent years only, a lien not yet due end payable. 9. Reservations and exceptions as contained in the United States Patent recorded October 19, 1982 in Book 434 at Page 228, 10. Terms, conditions, provisions, obligations and all matters as set forth in the following Easement Agreements recorded December 2, 1982 in Book 436 at Page 662 and Covenant Agreement recorded October 27, 1983 in Book 454 at Page 206. 11. Terms, conditions, provisions and obligations as set forth in Grant of Access Easement recorded February 1, 1985 in Book 48D at Page 791. 12. Terms, conditiorrs, provisions and obligations as set forth in Grant of Underground Utility Easement recorded February 1, 1985 in Book 480 at Page 793. 13. Terms, conditions, provisions and obligations as set forth in Grant of Access Easement recorded March 20, 1987 in Book 531 at Page 775. 14. Terms, conditions, provisions and obligations as set forth in Grant of Underground Utility Easement recorded March 20, 1987 in Book 531 at Page 777. 15. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Planning and Zoning Commission recorded October 25, 1985 in Book 497 at Page 810 as Resolution No. 85-21. (Continued) 000026 POLICY NO. OP-6-CO1045-3371085 CASE NO. PCT23B42W3 SCHEDULE B -OWNERS —EXCEPTIONS—COMDWED- 16. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Pitkin County Board of County Commissioners recorded April 25, 2001 as Reception No. 453806 as Resolution No. 074-2001. 17. Terms, conditlons, provisions, obligations and all matters as set forth in Resolution of the Community Development recorded November 17, 2005 as Reception No. 517551 as Resolution No. 109-2005. 18. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Pitkin County Board of County Commissioners recorded November 19, 2009 as Reception No. 564647 as Resolution No. 074-2009. 19. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 007, Series of 2010 by Pitkin County Board of County Commissioners recorded June 16, 2010 as Reception No. 570604. 20. Terms, conditions, provisions and obligations as set forth in Administrative and Emergency Access Easement recorded June 16, 2010 as Reception No. 570605 21. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners of Pitkin County, Colorado recorded November 12, 2013 as Reception No. 605487 as Resolution No. 085-2013. EXCEPTIONS NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d) UNDER PARAGRAPH NUMBER 5 (WATER RIGHTS). OUD02-1 Obligatory Insurance Fraud Statement: We are obligated by Colorado Law (CRS 10-1-128) to provide the following statement: It is unlawful to knowingly provide false, incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. penalties may include imprisonment, fines, denial or insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete or misleading facts or information to a policy holder or claimant for the purpose of defrauding or attempting to defraud the policy holder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. - 000023 RECEPTION:: 606634, 111162013 a: 03:19:26 PM, 1 OF 3. R 621.00 OF $160.00 Doc Code SPEC WO Documentary Fee $ 160.00 Janice K. Vas Caudill, PKIdn County, CO SPECIAL WARRANTY DEED THIS DEED, Made November 12, 2013 between JOHN MATTHEWS of the County of PITKIN and State of COLORADO, of the first part, GRANTOR and THE ROBERT ANDREW WILLIAMS REVOCABLE TRUST U/AID JULY 8, 2013 whose legal address is: 16255 VENTURA BLVD., SUITE 800, ENCINO, CA 81436 of the County of LOS ANGELES State of CALIFORNIA, of the second part, GRANTEE WITNESSETH, That the said parties of Me first part for and In consideration of the sum of Ten dollars and other good and valuable considerations. to the said parties of the RM part, in hand paid by the said parties of the second part, the moelpt whereof is hereby confessed and admowledge 1, has granted, bargained. sold and conveyed and by Nese presents do grant bargain, sell, convey, and confirm unto the said paNes of the second part, Its successors and assigns forever, all the following tlescribed lots or parcel of land situate, lying and being In the County of PITKIN and State of COLORADO, to wit: See Attached Exhibit "A" Together with all and singular the hereditaments and appurtenances there -unto belonging, or in anywise appertaining, and the reverslon and reversions, remainder and remainders, rents, ieaues and profits thereof, and all the estate, right title. interest, claim and demand whatsoever, old, e said parties of the first part, elther in law or ,firy. of, m a,, to the above bargained premises, with the heredhaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances. unto the said parts. of the second part, its successors and assigns forever. And the said parties of the first pad for Mamsat" s,their hairs and assigns do covenant. grant bargain and agree to and with the said parties of the second part, their successors and assigns, to WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of said parties of the second part. Its successors and assigns, against all and every person or persons lawfully claiming or to claim the wholeor any ytpa singular, and through or under the said gender shall be applicable the, o o first pert. The singular shall include the plural, p all ganders. IN WITNESS WHEREOF, the said partes of Me first part have hereunto set their hand(s) and seal(%) SIGNATURES ON PAGE 2 000029 EXHIBIT 2 Pitkin County Community Development Dept. 130 S. Galena Street Aspen, C081611-1975 RE: 250 Lower Hurricane (an 8A acre mining claim known and described as the Globe Lode, U.S.MS. No. 6987, PID# 2911-121-00-019) — Application for Site Plan Review for a Resident Occupied, Deed -Restricted 2^a Cabin To whom it may concern: As owner of the above -referenced property, I hereby authorize Haas Land Planning. LLC (HLP) and Jim Petrie, architect, to act as our designated and authorized representatives for the approvals captioned above. HLP and Jim Petrie are authorized to submit an application for the approvals listed above and any incidental approvals that may be associated therewith. They am also authorized to represent me in meetings with Pitkin County staff, the Hearing Officer, the Planning and Zoning Commission, and the Board of County Commissioners. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose mailing and email addresses and telephone number are included in the application. Yours truly, Robert Williams Robert Andrew Williams Revocable Trust 16255 Ventura Blvd Encino, CA 91436 Phone: (818) 8555317 PIU# 2909183-01-001 000030 EXHIBIT � 3 PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: 11/25/14 PHONE: (970) 920-5093 E-MAIL: Suzanne wolff(alpitkincountv.com LOCATION: 250 Lower Hurricane Road, Globe Lode, USMS No. 6987 PARCEL ID #: 291112100019 ZONE DISTRICT: Rural/Remote LOT SIZE: 8.4 acres OWNERIAPPLICANT: Robert Andrew Williams Revocable Trust REPRESENTATIVES: Mitch Haas & Jim Petrie EMAIL: mdch(cilhlpaspen.com Dlpeatree0comcast. net Type of Application: Site Plan Review Description of Project/Development: Applicant is requesting Site Plan Review to construct a 600 square foot deed -restricted dwelling unit. Applicant is also requesting minor amendments to the Activity Envelope. The BOCC approved construction of the deed restricted dwelling unit, pursuant to Resolution No. 074-2009 and extended the vested rights for the approval, pursuant to Resolution No. 085-2013. The BOCC then approved certain amendments and an expansion of a non -conforming structure, pursuant to Resolution No. 070-2014. Land Use Code Sections to Address: 2-20-150(b): Minor Amendment to Development Permit 2-30-20(g): Site Plan Criteria for Approval • 4-30-50(h): Solar Energy Collectors (d applicable) 7-10-50 & 60: Site Plan 7-20-10: Site Preparation and Grading 7-20-30: Water Courses and Drainage 7-20-120: Scenic View Protection Areas (not visible from Castle Creek Road, so only Rural Character Guidelines are applicable) 7-20-130: Landscaping and Vegetation Protection 7-30: Roads, Driveways and Parking 7-50: Public Services and Utilities (Utilities, Water Supply and Sewage Treatment) Review by: Community Development Director Public Hearing: NO. However, notice is required via posting, mailing and publication. The Applicant shall post a public notice sign on the property at least 15 days prior to the commentlobjection deadline 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 owners within 300' of the 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). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. Staff will refer to: Aspen Fire, Planning Engineer, Environmental Health, Little Annie HOA 000031 FEES: $2,508 (make check payable to "Pitkin County Treasurer") • $1,560 Planning Office flat fee (non-refundable; based on 5 hours of staff time. If staff review time exceeds 6 hours, the Applicant will be charged for additional time above 5 hours at a rate of $312/hour) $624 Planning Engineer $270 Environmental Health $54 Public Notice To apply, submit 1 copy of the following information: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" and 11" x 17" Site Plan as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 3. Engineering report addressing road design, water supply, drainage, wastewater disposal and other utilities and public services (as applicable); 4. Provide a title history for the parcel and contiguous parcels demonstrating the chain of title or a letter confirming non -merger from an attorney or title company. 5. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes for the additional dwelling unit. 6. Demonstrate compliance with the rural character guidelines for building location in Sec. 7- 20-120(e) of the Code. 7. Demonstrate that the site can accommodate an on-site wastewater treatment system (OWTS) that complies with the current OWTS regulations. B. Submit a landscaping and tree removal/mitigation plan. An arborist shall address haw remaining trees will be protected from impacts associated with the construction. 9. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 10. Street address (if any) and parcel description, including legal description, and 8-12"x 11" vicinity map locating the subject property within Pitkin County; 11. Consent from the owner of the property for the representatives to process the application and represent the owner (if applicable); 12. List of all property owners within 300'. 13. Total fee for review of the application; 14. Signed fee agreement (form attached); 15. Copy of this Preapplication Conference Summary form. 000032 NOTES: ➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. THE PARCEL ID # SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED. ➢ This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. ➢ The Land Use Code is available on-line at County Code ➢ The Land Use Application manual Is available on-line at ➢ Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2-20-100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. 000033 OFcWNSEL' STEPHEN R CONNOR AmE MARIEM HEE SARAHM. WTEs NEg1ANIEM HOLDER ATTORNEY'S OPINION LETTER NON -MERGER OF PARCELS/CHAIN OF TITLE emo$W — By this letter, the undersigned, Sarah M. Oates, an attorney licensed to practice law in the State of Colorado hereby certifies the following with respect to the following parcel owned by The Robert Andrew Williams Revocable Trust ("Williams Trust"): 1. The Williams Trust owns the Globe Lode, USMS 46987 ("Property" or "Globe Lode'). The Property was purchased by the Williams Trust from John Matthews on November 18, 2013. The Property is surrounded by the following parcels: Quien Sabre, Rucker, Ewing, Dick, Tarifia and Etcetera Claims (collectively now known as the "Stirling Cooper Open Space'; Oronogo Claim ("Oronogo"); Magnet ("Magnet") and Greeley ("Greeley'D Claims and Gem Lode. There is an additional adjoining ownership by the United States Forest Service ("Forest Service") on which Mr. Matthews filed a location certificate under the Mining Act. The interest therein was conveyed to the Williams Trust as the "Yabba Dabba Doo" mining claim. It is unpatented and remains in Forest Service ownership. Mr. Matthews, the Williams Trust's predecessor -in -interest, obtained the Property via quit claim deed from two entities in 1982: Aspen -Western Corporation and Little Annie, Limited Partnership. I examined the records for the Pitkin County Clerk and Recorder's Office ("Records") from 1974 -present. Aspen -Western Corporation obtained a Quit Claim Deed from Maureen Jean DuBe' on May 24, 1982 recorded in the Records in Book 426 at Page 891. Ms. DuBe' obtained a quit claim deed from Lentala Irene DuBe' and Therese Joan DuBe' on May 21, 1982, said deed being recorded in the records in Book 426 at Page 756. The Dulle's obtained ownership of the Globe Lode through a Personal Representative's Deed from the Estate of Raphael E. DuBe' ("DuBe' Personal Representative's Deed") in which they were conveyed a 2/3 interest in the Globe Lode. The Personal Representative's Deed is recorded in the Records at Book 421 at Page 814! Presumably, Little Annie, Limited Partnership owned the other 1/3 of the Globe Lode as I reviewed the Records from 1974-1982 and found no conveyance to and/or from Little Annie, Limited Partnership during that period of time. Little Annie, Limited Partnership conveyed its sbare of the Globe Lode to the Williams Trust's predecessor -in -interest, Mr. Matthews, on December 2, 1982 as recorded in the Records at Book 436 at Page 674. 'The lade mining claims ovmcd by R.E Da6e'/his astae were also wnveycd to his heirs via xann y dad and quitclaim dei in 1980. EXHIBIT s uwoPPlcEs of OATES, KNEZEVICH, GARDENSWARTZ, KELLY iib MORROW, P.C. PROFESS00NALCCRPOWION 1 a no BOOR ASPEN 1. BUIIOIan SSS E. HOMNS AVENUE ASPEX,Ccs-mI x1011 LEONMDM OATES wiraca. co. NICHAMAKxEZEVIGI TEIEI.EmM.T]W TEDD. GMDENSWARR FAGBNgE 011gM112, DAVA S. KELLY OIRECTry]" X MARIAMDNROW OFcWNSEL' STEPHEN R CONNOR AmE MARIEM HEE SARAHM. WTEs NEg1ANIEM HOLDER ATTORNEY'S OPINION LETTER NON -MERGER OF PARCELS/CHAIN OF TITLE emo$W — By this letter, the undersigned, Sarah M. Oates, an attorney licensed to practice law in the State of Colorado hereby certifies the following with respect to the following parcel owned by The Robert Andrew Williams Revocable Trust ("Williams Trust"): 1. The Williams Trust owns the Globe Lode, USMS 46987 ("Property" or "Globe Lode'). The Property was purchased by the Williams Trust from John Matthews on November 18, 2013. The Property is surrounded by the following parcels: Quien Sabre, Rucker, Ewing, Dick, Tarifia and Etcetera Claims (collectively now known as the "Stirling Cooper Open Space'; Oronogo Claim ("Oronogo"); Magnet ("Magnet") and Greeley ("Greeley'D Claims and Gem Lode. There is an additional adjoining ownership by the United States Forest Service ("Forest Service") on which Mr. Matthews filed a location certificate under the Mining Act. The interest therein was conveyed to the Williams Trust as the "Yabba Dabba Doo" mining claim. It is unpatented and remains in Forest Service ownership. Mr. Matthews, the Williams Trust's predecessor -in -interest, obtained the Property via quit claim deed from two entities in 1982: Aspen -Western Corporation and Little Annie, Limited Partnership. I examined the records for the Pitkin County Clerk and Recorder's Office ("Records") from 1974 -present. Aspen -Western Corporation obtained a Quit Claim Deed from Maureen Jean DuBe' on May 24, 1982 recorded in the Records in Book 426 at Page 891. Ms. DuBe' obtained a quit claim deed from Lentala Irene DuBe' and Therese Joan DuBe' on May 21, 1982, said deed being recorded in the records in Book 426 at Page 756. The Dulle's obtained ownership of the Globe Lode through a Personal Representative's Deed from the Estate of Raphael E. DuBe' ("DuBe' Personal Representative's Deed") in which they were conveyed a 2/3 interest in the Globe Lode. The Personal Representative's Deed is recorded in the Records at Book 421 at Page 814! Presumably, Little Annie, Limited Partnership owned the other 1/3 of the Globe Lode as I reviewed the Records from 1974-1982 and found no conveyance to and/or from Little Annie, Limited Partnership during that period of time. Little Annie, Limited Partnership conveyed its sbare of the Globe Lode to the Williams Trust's predecessor -in -interest, Mr. Matthews, on December 2, 1982 as recorded in the Records at Book 436 at Page 674. 'The lade mining claims ovmcd by R.E Da6e'/his astae were also wnveycd to his heirs via xann y dad and quitclaim dei in 1980. OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. Globe Lode — Opinion of Non -Merger December 22, 2014 Page 2 As original lot merger provision from 1975 applied to lots in common ownership and common ownership in the Code in effect at the time applied only to parcels where an owner had one hundred percent (100%) ownership, the DuBe' interest would not have merged with adjacent patents owned and/or partially owned by the DuBe' estate in 1975. 2. The Stirling Cooper Open Space was purchased by Pitkin County in 2009, after an extensive history of attempts at development by the prior owner. At least a portion of the interests in the 6 patents that make up the Stirling Cooper Open Space were owned by the Cooper family as early as the 1940s. There was no common ownership between any of the 6 patents owned, at least in part, by Stirling Cooper and the Globe Lode on June 2, 1975. Pitkin County obtained 100% ownership of the Stirling Cooper Open Space in 2009. 3. The Omnogo is owned by Morton Donnelley. The Oronogo was conveyed to Lam Wheeler Donnelley via a warranty deed on June 1, 1982 by Aspen -Western Corporation, and said deed which was recorded in the Records in Book 427 at Page 240. Aspen-Westem Corporation obtained a warranty claim deed from Lentala Irene DuBe' on May 24, 1982, said deed being recorded in the Records in Book 429 at Page 894. As with the Globe Lode, Lentala Irene DuBe' obtain ownership of the Omnogo through the DuBe' Personal Representative Deed and was deeded sole ownership of the Oronogo via a quit claim deed form the other two DuBe' decendents. The DuBe' Personal Representative's Deed conveyed ownership in the Oronogo to the Dube' decendents. 4. The Magnet and Greeley we owned by Castle Creek Investors Inc ("Castle Creek Investors"). I searched the Records and found no conveyance from or to Castle Creek Investors from 1974 -present. Castle Creek Investors' ownership of the Magnet and Greeley Claims pre -dates June 2, 1975 and Magnet and Greeley were not in common ownership with the Globe Lode on June 2, 1975. 5. The Gem Lode is owned by Wayne Poulsen. Mr. Poulmn purchased the Gem Lode on February 4, 1985 from Doyle E. Workinger. Mr. Workinger purchased the Gem Lode from James C. Blaring on January 1, 1983. Therese Joan Dube obtained a Quit Claim Deed from Lentala Irene Dube' and Maureen Jean Dube' for the Gem Lode on May 21, 1982. The three DuBe' descendents acquired the Gem Lode via the DuBe' Personal Representative's Deed The other two DuBe decendents conveyed the Gem Lode to Therese Joan DuBe' via a quit claim deed on May 21, 1982 said deed being recorded in the Records in Book 426 at Page 759. 6. This Opinion is given solely for the purposes of the land use application of The Robert Andrew Williams Revocable Trust made with the Pitkin County Community Development Department to obtain development approvals in association with the Property from Pitkin County; and, may not be relied on for any other purpose. Based on my review as set forth above there has not been a merger of ownership to the Globe Lode within the 1975 Pitkin County Code lot merger provision. 000035 OATES, KNEZEVICH, GARDENS WARTZ, KELLY R MORROW, P.C. Globe Lode — Opinion of Non -Merger December 22, 2014 Page 3 Dated December R�2014. Very truly yours, OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. By: Sarah M. Oates MUG onm�- EXHIBIT RECEPTION#: 664647,11/1912009 at 12:29:47 PM, 1 OF 9, R $0.00 Doc Code RESOLUTI Janice K. Vos Caudill, Pitkin County, C1360 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE MATTHEWS ACTIVITY ENVELOPE, SITE PLAN REVIEW AND SPECIAL REVIEW FOR DEVELOPMENT IN THE RURAI/REMOTE ZONE DISTRICT Resolution No.& -2009 RECITALS I ) John Chutes Matthews (hereafter "Applicant") has applied to the Board of County Commissioners of Pitkin County ("BOCC") to obtain Activity Envelope, Site Plan Review, and Special Review for development in the Ruml(Remote zone district for the following development: A) Installation of a 10,000 gallon buried water tank to replace the existing 5,000 gallon tank and a fire hydrant; B) Construction of a new 562 square foot deed restricted dwelling unit; C) Extension of an electric service line approximately 700' up Lower Hurricane Road to the property; D) Establishing setbacks for the parcel. 2) The property is located on Lower Hurricane Road, and is more specifically described in Exhibit A. 3) The parcel contains 8.4 acres and is a nonconforming size parcel in the RumVRemote zone district. 4) The Planning Commission granted 1041 hazard review approval, pursuant to Resolution No. 85-21. The existing cabin was constructed in 1987 and contain 1,038 square feet; associated development included a well, water storage tank and septic system. The property was rezoned to Rural/Remote in 1994. The BOCC denied a previous request to extend the electric line, pursuant to Resolution No. 074-2001. 5) The BOCC heard this application at a duly noticed public hearing on November 4, 2009, at which time evidence and testimony were presented with respect to this application. 6) The BOCC finds that the request complies with the applicable provisions of the Land Use Code ("Code"), as follows: A) The Activity Envelope is located on slopes of less than 30%, and the areas of slopes in excess of 30% qualify as minor slope anomalies pursuant to Sec. 7-20-20(eX3) of the Code. B) The medium wildfire hazard can be mitigated. C) The Activity Envelope avoids rockfall, debris flow and avalanche hazard areas, and is not within any mapped wildlife habitat areas. D) The property is not visible from Castle Creek Road, and, therefore, is not subject to the scenic view protection review standards. E) The existing dwelling unit of 1,038 square feet may be retained and, provided additional approvals are obtained, a new dwelling unit of 562 square feel may be exempted from growth management, pursuant to Sec. 6-30-40(b) of the Code. The additional dwelling unit complies with the special review criteria, subject to demonstration of an adequate water supply and non - merger of the property with the Site Plan Review application. F) Extension of the electric line is appropriate, compatible with the character of the surrounding area and consistent with the intent of the Rural/Remote zone district, given that alternative energy sources are ineffective and impractical for this particular site and carry greater adverse impacts 000031 Resolution No. M-2009 Page 2 than would be the case with an extension of an electric service line; the extension will not create a significant visual change or impact to the land, as the extension will occur within the road and driveway; and the existing cabin was built prior to the rezoning of the area to Rural/Remote and the electric transformer was in place at that time and was intended to serve the property. G) The proposed setbacks are appropriate to accommodate the existing and proposed development, and comply with the special review criteria. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the Matthews Activity Envelope, Site Plan Review and Special Review, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1) The Applicant shall adhere to all material representations made in the current and prior applications and in public meetings or hearings. Those representations shall be conditions of approval, unless amended by other conditions. 2) This is not a final approval for the additional dwelling unit. The Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7-10-50 of the Code, prior to submission of building permit application. The Site Plan Review application shall address the following, in addition to the other requirements specified above: A) Provide atitle history for the parcel and contiguous parcels demonstrating the chain of title or a letter confirming non -merger from an attorney or title company. B) Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes for the additional dwelling unit. C) Demonstrate compliance with the rural character guidelines for building location in Sec. 7-20- 120.e of the Code. D) Demonstrate that the site can accommodate an on-site wastewater treatment system (OWTS) that complies with the then current OWTS regulations. E) Submit a landscaping and tree removal/mitigation plan. An arborist shall address how remaining trees will be protected from impacts associated with the construction. 3) Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for approval by the County Attorney and Community Development Director an Activity Envelope Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization and recordation. The Applicant shall designate the approved setbacks on the plan: 30' front yard setback (west property line); 35' rear yard setback (east property line); 5' side yard setback to replace the water tank and 20' side yard setback for above -ground improvements (north property line); and 100' side yard setback on the south side. 4) The parcel is exempt from Growth Management for up to 1,600 square feet of floor area, of which 1,038 square feet is contained in the existing dwelling unit, and 562 square feet may only be used to construct the additional deed -restricted dwelling unit. 5) Prior to issuance of an earthmoving permits) to extend the electric line and replace the water tank, the Applicant shall: A) Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If site disturbance exceeds one (1) acre, the Applicant shall obtain a stormwater permit from the State of Colorado. 000033. Resoiurion No. 07Y-2009 Page 3 B) Submit a construction management plan for review and approval by the Planning Engineer. C) Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall specify the native seed mix to be used, the rate at which it will be applied and the method of cover. D) Submit a tree removal/mitigation plan. 6) Prior to issuance of a building permit application to construct the additional dwelling unit, the Applicant shall: A) Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. B) Record a Deed Restriction to restrict the new dwelling unit to occupancy by qualified residents as defined in the Aspen/Pitkin County Housing Guidelines. Year-round occupancy of the unit shall not be required. Prior to recordation, the Applicant shall be required to submit the Deed Restriction for approval by the Housing (office and Community Development. C) Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. D) Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If site disturbance exceeds one (1) acre, the Applicant shall obtain a stormwater permit from the State of Colorado. E) Submit a construction management plan for review and approval by the Planning Engineer. F) Pay the applicable road and employee housing impact fees. G) Obtain a permit from Environmental Health and Natural Resources to construct a new on-site wastewater disposal system. H) Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall specify the native seed mix to be used, the rate at which it will be applied and the method of cover. 1) Submit a landscaping and tree removal/mitigation plan. 1) Submit for and obtain an access permit to improve the existing driveway to current County standards, if required. 7) Areas disturbed by construction shall be re -vegetated within one growing season of the project's completion. 8) The electric line shall be buried within the access road and driveway. 9) The Applicant shall comply with the following standards for Development in a Medium Wildfire limrd Area, unless varied based on recommendations made by a certified wildfire expert as part of the Site Plan Review. A) Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): 1) Within 15' of all structures, the area should be of primarily noncombustible hardscape surfaces. Woody vegetation shall not be planted within this area. Firewood or other combustible materials should not be stored within this area. Aspen trees may be maintained within 15' of structures, if the defensible space is extended outward from the furthest growth 000039 1 Resolulion No.M-1009 Page 4 expected from the mature trees. Crowns of vegetation within these clusters should be at least 10 feet from any portion of the structures. Limbs of trees within these clusters should be pruned to one half the height of the tree or 10', whichever is less. 2) The area under the deck and porch of the existing cabin shall be cleared of vegetation and gravel or other hardscape material should be maintained in this area. 3) Within 35' of all structures, maintain natural and/or irrigated grass at less than 6", and maintain existing trees and brush as individuals or clusters. The existing aspen trees are appropriately spaced. 4) Limbs of all trees shall be pruned to one half the height of the tree or 10', whichever is less. No brush or shrubs which when mature will be tall enough to act as ladder fuel should be provided or maintained around the trees. These clusters of bushes or trees should be separated from each other by a distance of 2 % times the height of the mature vegetation. The diameter of a cluster should be limited to 2'/: times the height of the mature vegetation. 5) Thin and remove lower branches of brush or shrubs within clusters or individual plants to eliminate ladder fuel. Treat the cut end of shrubs with Garlon or an equivalent herbicide to prevent resprouting. Cut material shall be removed or chipped and spread. 6) Within 100' of all structures or to the property line, remove all standing dead and deadfall. 7) The Applicant shall be responsible to maintain the defensible space. B) Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: I. All roof coverings shall be constructed of noncombustible materials and installed on a Class A roof assembly. 2. All roof coverings shal I have a surface that shall facilitate the natural process of clearing roof debris. 3. Protrusions above the roofiine, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of building permit application. C) Roof Venting: I. Soffit venting shall be located in the outer 1/3r' portion of the overhang. 2. Attic, soffit and other roof venting shall be of non -corrosive metal mesh with maximum'R' openings. D) Projections at the Roofline, including Soffits. Rafters, Porch or Deck Roofs, Fascias, or Other: I. Sheath with non-combustible materials, or 2. Combustible material underlain with 5/8" Type X gypboard or equal, or 3. Minimum 4x6 rafters with 2x T&G decking. E) Decks, Decking, Cantilevered Floors, or Other Projections below the Roofline: Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railing, or equivalent log construction. 000040 Y Resolution No.dV-2009 Page 5 F) Water Supply for Fire Safety I . Individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The lot shall have a minimum 20,000 gallon water storage tank (or alternative approved by the Fire District). 2. In-house sprinkler systems that meet the standards of the AFPD and the adopted Building Code shall be installed in all new buildings. G) Maintenance and Miscellaneous Requirements I . Roofs and gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/4) inch maximum. 3. Any outbuilding shall adhere to the same wildfire requirements. 4. Yards shall be kept clear of all litter, slash and Flammable debris. 5. All flammable materials shall be stored indoors or on a parallel contour a minimum of fifteen (15) feet away from any structure. 6. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 7. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8. Swimming pools and ponds shall be accessible by the local fire district. 9. Fences shall be kept clear of brush and debris. 10. Wood fences shall not connect to other structures. 11. Fuel tanks shall be installed underground with an approved container. 12. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire -resistive construction on the exterior side of the walls. 13. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 14. Addresses shall be clearly marked with two (2) inch noncombustible letters and shall be visible at the primary point of access from the public or common access road and installed on a noncombustible post. 10) The Applicant shall comply with the following conditions regarding wildlife: A) Fencing is outside of the Activity Envelope is prohibited. B) Fruit bearing trees and shrubs shall be prohibited. C) Trash/garbage shall he kept in an approved bear resistant container or enclosure, including during construction. D) Pets shall not be fed outside. Bird feeders shall be avoided from April through November. Lever style door handles shall be avoided on the exterior of the house. Composting shall be limited to yard waste. E) Contractors shall be prohibited from bringing dogs on-site during construction. F) No development shall occur outside of the approved activity envelope, including vegetation manipulation, with the exception of weed management or wildfire mitigation. 000041 5' Resolution No.0Y_-2009 Page 6 11) Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the comers of the activity envelopes and install construction fencing around the construction site within the perimeter of the envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 12) No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 13) No calculations for height, bulk, setback, size, Floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 14) The Applicant shall make a payment equal to the amount paid by each property owner in the Little Annie Homeowners Association, if the County agrees to apply dust suppressant to Little Annie Road from Castle Creek Road to Lower hurricane Road and requests a contribution from the homeowners. 15) Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this properly, or vested rights associated with this Property. 16) Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on November 4, 2012, 0000.42 G Resolution No. &-2009 Page 7 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 0 day of October, 2009. APPROVED this 4a day of November, 2009. PUBLISHED AFTER AD FON FO. =VESTED REAL PROPERTY RIGHT'S in the Aspen Times Weekly on the ay of 11(, 2009. ATT11ES Jean Jones, Clerk to the OCC AP ROVED AS TO CO TENT: cwt 1 C' �1' L c 4 ,Cindy Houben Community Development Director P079-09; PID 0291112100019 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By Pati Kay tapper, Ci it APPROVED AS TO FORM: John Ely County Attorney ALTA OWNER'S POLICY—Amen@E IO/IT'�� HH/RK SCHEDULE A Order No.: 13458 Date of Policy: September 19, 1985 At 4:26 PM t. Name of Insured EXHIBIT Policy No.: O 9902 Amount of Insurance: $ 25, 000.00 JOHN MATTHEWS 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: JOHN MATTHEWS 4. The land referred to in this policy is described as follows: GLOBE LODE, U.S.M.S. NO. 6987, as described in United States Patent recorded October 19, 1982 in Book 434 at Page 228 being Reception No. 244870. Together with a perpetual non- exclusive easement and right of way for ingress and egress under terms and conditions as set forth in Easements Agreement recorded December 2, 1962 in Book 436 at Page 662 as Reception No. 246036. Said easement being 30 feet in width and more particularly described as follows: An easement situated in Sections 1 and 2, Township 11 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado. Said easement is 30.00 feet in width lying 15.00 feet on each side of the following described centerline:U. Beginni3283tba point 1whence '00" Corner No. 3 of the Erie Lode, E. 29.26 feet; thence S89617'26" W. 106.05 feed thence S87"56155" W. 33.93 feet; thence N63°57126" W. 25.43 feet; thence N38°53'33" E. 65.49 feet; thence N38°35'45" E. 36.09 feet; thence N42°47'47" E. 76.98 feet; thence N29940'50" E. 22.90 feet; thence N04°13'16" W. 22.65 feet; thence N28°20'25" W. 25.38 feet; thence N39°15040" W. 68.79 feet; thence N40°59'43" W. 74.23 feet; thence N53°41'10" W. 32.88 feet; thence N83°18'09" W. 34.08 feet to the centerline of the Little Annie's Road as now constructed and in use; thence the following courses and distances along saidroad: SW10170.12" W 156.00 feet; S63059'50" W. 55.24 feet; See Continuation Page ATJTHORI2ED COUNTERSIGNATURE =04i ( STEWART TITLE CUARANTT COMPANY ORDER NO.:13458 O 9902 080592 Attached to and made a part of Stewart Title Guaranty Company Policy No. A NO. 4 Continuation of Schedule feet; S67053149" W. 150.68 feet; S73032153" W. 132.25 feet; S78041106" W. 107.64 feet; S75°05'38" W. 74.07 feet; S68'50'24" W. 57.00 feet; S57028'12" W. 177.90 feet; 537'55104" W. 96.40 feet; SOS'12123" W. 110.92 feet; 503'45120" E. 120.46 feet; S13032107" E. 278.18 feet; S24'22'03" W. 131.29 feet; 510035121" E. 145.44 feet; S17021'10" W. 139.54 feet; S32 32 09 W. 91.51 feet; S74' 03'38" W. 16.65 feet more or less to the point of intersection with the easterly boundary line of Lime Creek Village Subdivision, First Filing. County of Pitkin, State of Colorado Page 203 000045 _ ISOM 6..., - - - - q STEWART TITLE GUARANTY COMPANY RECEPTION#: 605487,1111 2 /2 01 3 at 03:27:18 PM, 1 OF 4, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE MATTHEWS REINSTATEMENT OF VESTED REAL PROPERTY RIGHTS Resolution No. tai .2013 RECITALS I. John Matthews ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") to request a three year reinstatement of the vested right to construct an additional deed - restricted dwelling unit on the property. 2. The property is located at 250 Hurricane Road, and is more specifically described in Exhibit A. 3. The parcel contains 8.4 acres and is non -conforming in the Rural/Remote zone district. 4. The Planning Commission granted 1041 hazard review approval; pursuant to Resolution No. 85-21. The existing cabin was constructed in 1987 and contains 1,038 square feet; associated development includes a well, water storage tank and septic system. The property was rezoned to Rural/Remote in 1994. 5. Pursuant to Resolution No. 074-2009, the BOCC granted the following approvals: A. Activity Envelope to encompass the existing cabin and development, and a proposed additional dwelling unit. B. Site Plan Review for a buried water tank. C. Special Review and Site Plan Review to extend an electric service line to the property. D. Special Review and GMQS Exemption for a new 562 square foot deed restricted dwelling unit. E. Special Review to establish setbacks in the Ruml/Remole zone district. 6. The Activity Envelope/Site Plan has not been recorded. The vested rights expired an November 4, 2012. 7. The BOCC heard this application at a regular meeting on October 23, 2013, at which time evidence and testimony were presented with respect to this application. 8. The BOCC finds that it is appropriate to grant a three year reinstatement of the vested rights for the additional deed -restricted dwelling unit to provide the Applicant additional time to obtain a legal water source for the unit and then proceed with the Site Plan Review application. 9. The BOCC further finds that the approved development continues to conform to the terms and provisions of the Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the Matthews Reinstatement of Vested Rights, subject to the following conditions, which shall run with the land and be binding on all successors in interest: L The Applicant shall adhere to all material representations made in public hearings and in the application. 000046 Resohalon No.L-2013 Page 2. This vested right is granted in association with the approvals granted pursuant to BOCC Resolution No. 074-2009. The conditions of Resolution No. 074-2009 shall remain in full force and effect, except as amended herein. . 3. Statutory vested rights for the approvals referenced herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on October 23, 2016. APPROVED AND ADOPTED on the 23rd day of October, 2013. PUBLISHED AFTER ADOPTI FOR VESTED REAL PROPERTY RIGHTS in the Asoen Times Weekly on the$I'`+day of 2013. Jones, Clerk and APPROVED ASTO FORM: John Ely, Co A y Case N1`099-12 PID 291112100019 000047 B ARD OF COUNTY COMMISSIONERS • PITKIN COUNT4 COLORADO . George New 'tan, (5ai man Date: APPROVED AS TO CONTENT: ;� Cll Gordy Houben, Community Development Director AUA OWN" 5 POucr—nm,eam 101 HH/RR �+ /SCHEDULE A Order No.: CZi^+6%f 14 13458 Date of Policy: September 19, 1985 At '"4': 26 PH 1. Name of Insured: EXHIBIT Policy No.: —� O 9902 Amount of Insurance: 5 zs,00a.00 JOHN MATTHEWS 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: JOHN MATTHEWS 4. The land referred to in this policy is described as follows: GLOBE LODE, U.S.M.S. NO. 6987, as described in United States Patent recorded October 19, 1982 in Book 434 at. Page 228 being Reception No. 244870. Together with a perpetual non- exclusive easement and right of way for ingress and egress under terms and conditions as set forth in Easements Agreement recorded December 2, 1982 in Book 436 at Page 662 as Reception NO. 246038. said easement being 30 feet in width and more particularly described as follows: An easement situated in Sections 1 and 2, Township 11 South, Range 85 west of the Sixth Principal Meridian, Pitkin County, Colorado. Said easement is 30.00 feet in width lying 15.00 feet on each side of the following described centerline: Beginning at a point whence Corner No. 3 of the Erie Lode, U.S.M.S. 3283 bears N 11049'00" E. 29.26 feet; thence S89"17'26' W. 106.05 feet; thence S87°56155" W. 33.93 feet; thence N63"57126" W. 25.43 feet; thence N38"53'33" E. 65.49 feet; thence N38°35.45" E. 36.09 feet; thence N42"47'47" E. 76.98 feet; thence N29040150" E. 22.90 feet; thence ND4"13'16" W. 22.65 feet; thence N28"20'25" W. 25.38 feet; thence N39"15"40" W. 68.79 feet; thence N40°59'43" W. 74.23 feet; thence N53°41'10" W. 32.88 Eeet; thence N83"18'09" W. 34.08 feet to the centerline of the Little Annie's Road as now constructed and in use; thence the followingcourses and distances along said road: S 10"'46'11" W. 156.00 feet; S63"59'50" W. 55.24 feet; S83007'24" W. 170.12 See Continuation Page AUTHORIZED COUNTERSIGNATURE 000048 STEwART TITLE CVAaANTY COMPANY ORDER NO.:13458 O 9902 080592 Attached to and made a pan of Stewart Title Guaranty Company Policy No. A NO. 4 Continuation of Schedule feet; S67°53'49" W. 150.68 feett 573°32'53" W. 132.25 feet; - S78°41'06" W. 107.64 feet; S75005'38• W. 74.07 feet; S68°50'24" W. 57.00 feet; S57°28'12' W. 177.90 feet; S37°55'04" W. 96.40 feet; SOB -12'23" W. 110.92 feet; S03'45'20" E. 120.46 feet; 513'32'07" E. 278.18 feet, S24"22'03" W. 131.29 feet; S10935'21" E. 145.44 feet; S17°21'10" W. 139.54 feet; S32°32109" W. 91.51 feet; S74" 03'38" W. 16.65 feet more or less to the point of intersection with the easterly boundary line of Lime Creek Village Subdivision, First Filing. County of Pitkin, State of Colorado - Palle __ OUOE49 STEWART TITLE 1lUM e- GUARANTY COMPANY i0� RECEPTIONa: 611527, 0 7/01120 7 4 at 01:19:19 PM, 7 OF 5, R 90.00 Doc Code RESOLUTION Janice K. Voll Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PfTM COUNTY, COLORADO, APPROVING THE GLOBE LODE (ROBERT ANDREW WILLIAMS REVOCABLE TRUST) MINOR AMENDMENT, ACTIVITY ENVELOPE, SITE PLAN REVIEW, SPECIAL REVIEW FOR DEVELOPMENT IN THE RURAMUMOTE ZONE DISTRICT, AND EXPANSION OF A NON -CONFORMING STRUCTURE Resolution No. 67a014 RECITALS 1) Robert Andrew Williams Revocable Trust (hereafter "Applicant") has applied to the Board of County Commissioners of Pitkin County ("BOCC") for the following: A) Activity Envelope amendment to accommodate the remodel of the existing cabin and a new site for the additional dwelling unit that was approved in 2009. B) Site Plan Review approval for the remodel of the cabin. C) Special Review approval to allow the Activity Envelope to exceed one-half acre (proposed to be 0.53 acre). D) Expansion of a non -conforming structure to exceed the allowable floor area to allow a total of 2,258 square feel of floor area, including the existing and proposed cabins. 2) The property is located at 250 Lower Hurricane Road, and is more described its the Globe Lode, USMS No. 6987, Highland Mining District, County of Pitkin, State of Colorado. 3) The parcel contains 8.4 acres and is a nonconforming sin parcel in the Rural/Remote zone district. 4) The Planning Commission granted 1041 hazard review approval, pursuant to Resolution No. 85-21. The existing cabin was constmcted in 1987. The property was rezoned to Rural/Remote in 1994. The BOCC denied a previous request to extend the electric line, pursuant to Resolution No, 074-2001. 5) Pursuant to Resolution No. 074-2009, the BOCC granted the following approvals: A) ActivityEnvelope to encompass the existing cabin and associated development. and the eventual development of an addrtional dwelling unit restricted to Resident Occupancy. B) Site Plan Review for a buried water tank. C) Special Review and Site plan Review to extend an electric service line to the property. D) Special Review and GMQS Exemption for a new 562 square foal deed -restricted dwelling unit. E) Special Review to establish setbacks in the Rural/Remote zone district. 6) pursuant to Resolution No. 085-2013, the BOCC granted an extension of the vested rights associated with Resolution No. 074-2009 to October 23, 2016. 7) The BOCC heard this application at a duly noticed public hearing on June 11, 2014, at which time evidence and testimony were presented with respect to this application. 8) The BOCC finds that the request complies with the applicable provisions of the Land Use Code ("Code'j, as follows: 000050 Resolution No.010014 Page 2 A) The amendments to the Activity Envelope are consistent with the prior approvals and do not encroach on constrained areas, and are otherwise consistent with the minor amendment criteria in Sec. 2-20-150(6) of the Code. B) The proposed minor variation of the one-half acre limitation on the activity envelope to 0.53 acres complies with the Special Review standards in See. 2-30-30(h)(2) of the Code. All development on the property will be contained within the envelope, and a large portion (7,500 square feet) of the envelope is occupied by the existing driveway. C) The property is not visible from Castle Creek Road,and, therefore, is not subject to the scenic view protection review standards. D) The proposed expansion of non -conforming structure complies with the standards of Sec. 9-50- 30 of the Code. It is appropriate to allow the existing basement of the cabin to remain at its existing height and count as floor area, rather than to fill the basement with dirt/gravel to leave 5'6' or less of height and to mise and re -install all of the mechanical equipment in the basement, as long as the basement remains in an unfinished condition. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the Globe Lode Activity Envelope, Site Plan Review and Special Review, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I ) The Applicant shall adhere to all material representations made in the current and prior applications and in public meetings or hearings. Those representations shall be conditions of approval, unless amended by other conditions. 2) The conditions of BOCC Resolution Nos. 074-2009 and 085-2013 shall remain in full force and effect, except as amended herein. 3) Prior to submission ofany further development permit applications for the property, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope and Site Plan in accordance with Land Use Code Section 2.30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. The Applicant shall designate the appmved setbacks on the plan; 30' fmnt yard setback (west property line); 35' rear yard setback (east property line); 5' side yard setback to replace the water tank and 20' side yard setback for above -ground improvements (north property line); and 100' side yard setback on the south side. 4) The parcel is exempt from Growth Management for up M2,258 square feet of floor area: 1,000 square feat on the main level and 658 square feet on the lower levet ofthe cabin; and 600 square fmt far the additional deed -restricted dwelling unit. The lower level of the cabin shall remain in an unfinished condition, as shown in Exhibit A, and shall not be finished or used as habitable space. 5) Concurrent with submission ofa building permit application to remodel the cabin, the Applicant shall: A) Provide proof of an adequate water supply (in terms of quamity and availability) far domestic and fire protection purposes, and for irrigation purposes, ifapplicable. B) Demonstrate that the existing on-site wastewater treatment system is adequate. C) Complete a fireplace/woodstove registration form with the Community Development Department, ifapplicable. D) Submit a drainage and erosion control plan for review and approval by the Planning Engineer. E) Submit a construction management plan for review and approval by the Planning Engineer. Reso1Whm Na.01O2014 Page 3 F) Submit adetailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall specify the native seed mix lobe used, the rate at which it will be applied and the method of cover. G) Submit a landscaping and tree removal/mitigation plan. 6) Prior to issuance of the building permit to remodel the cabin, the Applicant shall: A) Pay the applicable road and employee housing impact fees. B) Obtain an access permit to improve the existing driveway to current County standards, if required. C) Obtain the necessary permits to bring the basement space and systems into compliance with the current building code. The decommissioned wood -fired boiler shall be removed from the basement. 7) Condition No. 9F of Resolution No. 074-2009 shall be replaced with the following: Water Supply for Fire Safety: Individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a dry hydrant approved by the Aspen Fire Protection District. The lot shall have a minimum 5,000 gallon underground water storage tank. In-house sprinkler systems arc not required. 8) Areas disturbed by construction shall be re -vegetated within one growing season of the project's completion. 9) No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building analzoning regulations. 10) 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. 000052 Resolution No,0902014 Page 4 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the e day of May, 2014: APPROVED this 1 I a day of June, 20014. A EST: Jean) a Jones, Clerk to BOCC APP LVED -AS TO CONTENT: in y ouber Community Development Director P026-14; PID 0291112100019 000053 BOARD OF COUNTY COMMISSIONERS, PITKMNCOUNNTTY, COLORADO .y Robert A. Itmer, Jr., Chair APPROVED ASTO FORM: John EI ey 000054 =n� ALL 73974 093159081693 SfRVICf� December 14, 2014 Jim Petrie plpeatreeTip comcast.net Onsite Wastewater Treatment System Planning Proposed Additional Dwelling Unit 150 Lower Hurricane Pitkin County, Colorado Project No. C1114 EXHIBIT Jim, ALL SERVICE septic, LLC has reviewed the desired development plan and has visited the subject property to assess the existing onsite wastewater treatment system (OWTS). The property is located on the backside of Aspen Mountain where OWTSs and wells are necessary. The existing residence is currently served by an existing OWTS. Individual Sewage Disposal System (ISDS) Permit No. 85030 documents the existing system. The septic tank was replaced in approximately 2004 and no permit was obtained for the replacement. The OWTS consists of a 1000 -gallon, two- compartment plastic tank and pipe and gravel trenches, covering approximately 300 square feet. No inspection ports are present in the field area. An OWTS Use Permit Inspection was conducted on October 9, 2013 by CBO Inc. This report is enclosed. While the system appeared to be in good working condition, there is a desire to replace the existing system with one that will accommodate both the existing residenceand the proposed ADU. PROPOSED DEVELOPMENT The existing residence will remain and a new ADU will be constructed. Each residence will have one bedroom for a total of 2 -bedrooms. The soil type in the soil treatment area (STA) is assumed to be Type 1, Loamy Sand and a long term acceptance rate (LTAR) of 0.8 gallons per square feet will be used for purposes of estimating the required STA. A site speck soil evaluation will be conducted prior to completing an OWTS design for the subject property. The proposed OWTS will require a minimum 1000 -gallon, two-compartment septic tank and approximately 284 square feet of infiltrative area using gravity flow to gravelless chambers in a trench configuration. There is sufficient area on the property to accommodate the proposed OWTS. 000055 Page 2 Please call with questions. Sincerely, ALL SERVICE septic, LLC Reviewed By: j.''•• Ooh (a t t LL4C Richard H. Petz, Carla Ostberg, MPH, REHS FS ti SjONdI�EN Liability Clause: Under no circumstances whatsoevarshall the liability oIALL SERVICE septic, LLQ in connection with any contract, directly orindirectly, exceed the total amount paid by the client to ALL SERVICE septic, LLC /or the services and/orgoods which are the subject o/ the contract in connection with which bre liability arises. 000056 CBO Inc. 33 Four Wheel Drive Road Carbondale, CO 81623 cell) 970-309-5259 office) 970-7040484 carla.ostbern Damail.com October 10, 2013 John Matthews PO Box 3724 Aspen, CO 81612 Onsite Wastewater Treatment System (OWTS) Use Permit Inspection 150 Lower Hurricane Road Pitkin County, Colorado Mr. Matthews, As requested, CBO Inc. performed an Onsite Wastewater Treatment System (OWES) Use Permit inspection at 150 Lower Hurricane Road, Aspen, Colorado on October 9, 2013. The permit was provided by Pitkin County Environmental Health Department (Parcel ID # 2911-121- 00-009). The subject OWTS consists of one 1000 -gallon, two-compartment plastic septic tank (sizing should be confirmed by B&R pumping report), followed by pipe and gravel trenches. A drawing was not available from Pitkin County, so exact sizing and location of the absorption area is unknown. According to the owner, the existing septic tank was replaced in 2004 during a time he was out of the county. This installation was not documented by Phkin County. The septic lank appeared to be in good condition. Both the inlet and outlet sides of the tank were accessible from grade and both inlet and outlet tees were present. The mid -tank baffle was also visible. The tank had been pumped within the last week by B&R Septic. The absorption area showed no signs of saturation, and had no indication of failure. Observation ports were not present. This evaluation is not a guarantee of future system performance. This inspection is good for one year. Recommendations: • Bring manhole lids to grade for better accessibility. • Add effluent filter to outlet tee. This report should be submitted to the Pitkin County Environmental Health Department. The following links are the required application and application checklist. Checklist: 000057 Please call with questions. Sincerely, Cada Ostberg, MPH, REHS NAWT Certified Inspector Certification # ITC11042010 Exp. 2014 Inlet tee Outlet tee 00005'3 south) Permit Inspection Form Pitkin County Environmental Health Department 76 Service Center Rd, Aspen, CO 81611 Phone: 970-920-5070 Fax: 970-920-5374 Owner's Name: lV r Address: IF!1 I Use Parcel Number: Inspection Date: Irl t ti I Inspector's Name: fY Business Name: 'yC Phone Number Email: Pitkin County Systenn inspector License Number:` - '\ Aroo ft �hT =rd rt 1116 remitted to Pitkin Count environmental H alth Deponmentbv thel.icensed Systemsln p ct Rh" 60d /th 1 s ctism,dl f h ther the system posses or falls QUESTIONS FOR PROPERTY OWNER PRIOR TO INjeECmON: Is the home currently occupled? YES NO If NO, how long has the home been vacant? How many bedrooms are In the home? ci If secondary treatment is used, who Is the maintenance provider? N �- RECORDS: Were system records available from Pitkin County? YES NO If YES: Permit number: '6000-0 Date of Final Approval: �1J129°' g of bedrooms permitted: Was an as -built drawing available? YES NO Is the as -built drawing accurate? YES NO If NO: Complete a drowing ofthe system on lostPoge Ofthisform as accumtety as possible. Any question marked FAIL will require correction before an OWTS Use permit is issued. SITE CONDITIONS: Proper grading, no evidence of erosion?PASS FAIL Improper vegetativecover? YE5 Evidence of compaction such as heavy machinery or livestock? - NO YES Improper discharges such as straight pipes? PASS FAIL Evidence of high ground water? NO YES Snow cover present? NO -j YES Page 1 000059 cat TANK: Tankl Tank Tank Tank capacity IO01. gallons gallons gallons Tank material �orc' C TR -Compartment; Date of last pumping 10 o Uds/risers In good condition P FAIL PASS FAIL PASS FAIL Risers to grade YES NO,� YES NO YES NO Riser height ' Riser condition/watertightness ^Ott Inlet sanitary T/baffle CRASS FAIL PASS FAIL PAA FAIL Outlet sanitary T/baffle 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 llP SS' FAIL PASS FAIL PASS FAIL Tank was pumped for inspection YES NO YES NO YES NO If YES, Ilse the pumping company TA d _ If NO, when was the last pumping Scum level (1st compartment) Inches Inches inches 9udge level (19 compartment) Inches Inches inches Scum level (2nd compartment)inches Inches inches Sludge level (2nd compartment) Inches inches Inches Backflow(if pumped) PASS FAIL PASS FAIL PASS FAIL Midtank haffle PASS FAIL N/A PASS FAIL N/A PASS FAIL N/A Watertightiw<. PAss FAIL PASS FAIL PASS FAIL PUMPS/DOSING SIPHONS: Is a pump or dosing siphon present? YES `NO ) If YES, is the pump/dosing siphon functioning properly? PAA F IL Does the pump/wiring/dosing siphon appear to be in good condition? PAA FAIL is the high water alarm working, both visible and audible? PAA FAIL Is a secondary treatment unit present? YES r NO UNKNOWN If YES, does the unit appear to be in good working condition? YES O Does the owner have a current maintenance contract for the unit? YES NO UNKNOWN If there is no maintenance contract, a contract must be in pio. prior to occupancy of the home. A copy of the contract must be submitted! to PBkin County Environmental Health Department. ABSORBTION AREA: Effluent surfacing? Evidence of past surfacing? Surface dampness? Excessive odors? Field location verified by observation ports or probing: Liquid In observation Port? KYES, record depth: Distribution Box or ADV part of original design? If YES, is it accessible from grade? Is It level and in good condition? 000060 P FAIL N YES NO YES NO YES Ports Probing y ^ f -IE. Yo� NO YES -inches YES NO q KNOW YES NO PASS FAIL Page 2 Any problems with the system that were not addressed in the inspection checklist? slr Please list any recommendations for the continued use of the system: I Were any repairs done as a result of this inspection? NO YES N YES, please describe the repairs. To the pest of my knowledge and training, the Information collected in this Inspection Is accurate as of h 20. ❑censed Systems Inspector Signature: n, ( l Additional Notes: Clearlylabel ictures and attach them to this form. Page 3 000061 If no as -built drawings exist for this system or the as -built was Inaccurate, please diagram the system as accurately as possible. Be sure to document all system components and the location of any well on the property. Using markers such as corners of the house, exact measurements can be used totriangulate the location of the system components for future reference. Page 4 000062 .• r i b A� IV U) aCf11- saes— 00-0(7 ASPEN+PITKIN ENVIRONMENTAL HEALTH DEPARTMENT Q 'INDIVIDUAL SEWAOt DISPOSAL PEIRIIT NO. Q�l 30 TYPE OF PERMIT: Amir teal Conetrrettan ( Itworg.oW Use l M'e't Fbrk,(Pravloue Permit 1 .) t lAlemtlen or an aalsting system, Installation (Prerl.e. Forms. a .) 1 lute Permit as a reams! of sal. 1 )other. ISSUED TO: DATE OF ISSUE Phone 2.9 -8636 Business Agent ffA rAAln AAjn N'AR.T— RaeaAQABOr?.d15 Yhone yZJ� C Mailing n /f /'� - Address J ^00 r ". 1'• 1 A ST .PeN, '1111 J Sewage Disposal System Work to be performed by WLIJ '- this permit "Ills only far PProms... location by !tem -/allow ng legal do...I'tionti7AW,&mDr'(J.S.M.S• #69&7 LOT SISL fir h r ATEA SUPPLY ELL AVEMfC FCRCOGT[ON /�A�1ATr.- 91 MIFF /A/cH Tbs. IMlvidual a—". Disposal Permit is granted with regard ! umo the (ollowing met MnudTAfAI 1 lib/N Mor of. Dodroom. -J_ Wit. I Dnrbnge Disposal. Q Dishwmh.r.�0 Clothes Masher. 0 CALCULATED AVfN6L MILT WASTE WAD ZZ -/7 D"Ms. THE NATURE OF THE SYSTEM INCLUDED UNDER THIS PERMIT: Py" of T.N. or Treatment Uftits5 1(2- adthod at ria.. Disposal. SEEPS 'EAICttES w.nrpllat De.CrtptLen llia.ludlIing brand name, If any) of ,that egulpment o[ .p'.rtbm.Ru other Conditions or Spcelfi atlmn 1v0A1C Tank Capacity iS0` Dellen Mlnimw Are. ;3'3n Sguare rest Mlnimwa STAGES REQUIRING INSPECTION BY THE HEALTH DEPARTMENT: 1 )Nero.. r...vael.n Upon completion of excavation and prier to p1sliment of gravel X.yriau e[ —voting oorfield n rtler to backfill of army co.Pamnt 1 [other. Specify, _ Plan. sad specification of G. pr.pa.2d ....... dlap.a.l eyatam have been rsvleied and at. considered as[lsfnctory. Permission In hereby granted to the ov r..,ar him agent to pmfnm e —rk indicated amIn a rnrdancv Win the Pt Gin eountY Indivldml Sewage Disposal Re•mlatlon.ris effect an aM data of laaue. In addition ba C.eretl Provisions at forth an tie rave to. hart.f, this Permit is suhj*ct m the rollouto, a dd iti o nal fterms �J conditioner APPROVED POR ISSUE BY.iG/ / / JfGL�1..� . 'a••- (t1[le),C��A�L� roe.bore Wld idu.l ...... dl.pe..I .'am— Installed by J f/ h.s Men Innp.cted wcc .. by . rcOrc.ancuive ar he AapenA ndnn.lblltty in e... e1 .allure r lmdequaeV of /ppitt�l.��e vl1rr��p:: ' DATEMIAL ECTION"BY:PIB7^- 130 Sfxlth Galena Street Aspen, 000063 disposal system, complete .s -bulls dl—lq _ TITLC +-.a 51B11 303/525-2020 ASPEN*PITKIN ENVIRONMENTAL HEALTH OEPARTMENT APPLICATION l�FOR AN INDIVIDUAL SEWAGE DISPOSAL•PERMIIT Name ok OWNER PHONE Address of OWNER Name of APPLICANT J 0/Jn% 1)U /�� LU 5 PHONE %? �� ��•�� PSaNtT To BE. y,grirk¢d tip (il.il.d tol . TYPE OP Pourn, A. In+t+ll+[len I I .... I. Itow er 1 lappllesnt . 2 Rmmmorc, esa I )Alteration 90T Gas to I.11.i. ,NATION or POOPOSED SYYSTEN, Legal wseriptioo lot aloct riling 5she Ivl.lan sI.. of Lot e+ TYPE or STRUCTURE; y6Singb Family Duelling ( loth.,, W Tom plan ..Y further�{Mittens to the maLdameT ( )YES jxINO an. of bedmono�_ Ne• of Ltltsat W. of Garbage Disposal. "j of Aommatle Dishwasher+ No, of Autenatle cloth e. ... bar. O CATER sl'PPLY, I)4P[iv.0 all, C¢P,h [ 1 nublle, a.. of $I -[o 5t { Isia 1 19t respn or Creek " M[9 Or INDIVIWAL SE1Af.0 DISPOSAL SYSTEM PROPOSED, (ASeptle Tank/Absorption Field ( )Aeration Plan[/Ab... ptlen yield 1 IC..Pe6in9 toilet ( f[nelnantlen Toilet 1 'Wood 1 IRoeYcIl". potable us. 1 INCYellnq. or., .sa 1 IV..IC Prier ( )Other, __ TO e Initial site InaDeetloa mutt be arianged with the Aspen/Pitkin Environmental Nmaltk Department I1}5-20]0. B,10-SJO ..a.) tetere ..,.I. a+n be booed. The individual uv.ga elapoa+l permit nu.[ De L.ucd be Eer. + building permit sen be obWlmd. FINAL INSPECTION APPROVAL POST 9C GIVEN 91 INC ASPLN/PITXm a.w,RrannoTAL NPN.TN DEPARTMENT 111OR To BACYrILLIRG aNY PORTION or THE SYSTEM. Appll, a Per an Indlvl du .9 dlopooel permit I. hereby .uditted. The wNulgnad acknowledges that the above in[ocm+tlen Is fru¢ and that Yet.. i In tI.. Il invalid PPliratlen .no any subsequent Persia. sique tugs of Applicant s A � � DATE ✓� ISOfe spplle+tion ;crones. Inwlfd 13 - eN [[em Ue +Wve date.) NOTE: PLS T PLAN must be filed with this application. Please locate the following items by measured distances[ 1. Property lines and dimensions. 2. Proposed and existing water veils on subject Property and adjacent property. _ 7. Domestic water service lines• driveways, sgW ocher 6, Proposed and existing buildings, Y Structures. 5. Streams, lakes, ponds, irrigation ditches, and other water courses. 6. P.POsed and existing individual sewage systems on subject property. , SUBMIT A REVISED PLOT PLAN PRIOR TO CONSTRUCTION IF INSTALLATION IS TO BE CHANGED FROM ORIGINAL PLAN.' Sw undeuign4 bores, acknowledges nwlpt of . individual —wags divensal pa.mlt v I clan and r pargif Lee I. the ..at of 9 /SODS+ Wcelpt Number C� wee rte Weelved r by LSO t��lp•• � .. Adm/nbtrmtivo 0[[lcor 930 South Galena Street Aspen, Colorado 81819 1303/828-2020 000064 1- ................. I ....... 11-,............. ..::..:......................................... - 11oL.LAND e 11,1,lt-F N° 0843 . '.. //1 Opp// (30 ) E. J ow /l[c.1tIO��� /9J � NST NATIONAL BANK (3031 B2E '-0io ie ® AEv ' oo'OBA00 ASPEN, COLORADO 81611 82-M/1021 TO THE L4� o...R • HOLLAND &HART 11.00084 311, I:L02L0L6451: 006 222 011' -y HOLLAND&HART ^ s/sO"c N4 0843 - 000065 ASPEN*PITKIN ENVIRONMENTAL HEALTH DEPARTMENT / Field Test Data Sheet NAME OF SUBDIVISION A10AM 1 r /\"� (j�� LOCATION SECTION__: TOW14L RANO t NAME OF ADDRESS (ror.Mr l5m.r1 (Pl.ul ISMNI (Zip Csd.l SUBDIVISION WATER SUPPLY FROM: PUBLIC UTILITY COOPERATIVE PRIVATE WELLS SUBOIVISION DATA: AREA IN ACRES --6�4—NUMBER OF LOT(} LOT AREA, SQUARE FEET `gV� DISTANCE TO NEAREST SURFACE WATER L) FEET. NAME OF LANE OR STREAM 0Aj DATES OBSERVATIONS NAGE: SOIL BORINGS PERCOLATION TESTS 9121 PERCOLATION TESTS 1. F.L 1... eWu IA: 1 T•O T•FO >f l5'.o �'T TDP SOIL- 0.8 SAMOY GRAVEL ANO L'-OBBLEL. •. IW [LfgL V. Vf PERCOLATION TESTS BOB NELSON ASPENAPITKIN _ SANITARIAN " 130 S. GALENA ASPEN, CO 81611 1. THE WNERXWNCO. NDIPY CCRYWY TNLT TRE SOIL SWINGS AMB "SCOLATNIX TESTS PCPMBkO U TNIS Fp1M WEXC MISS !Y N4 J TH[ DJJR��OI1!/Cjl �D.LOCATIOM V NM[S MI TIEMX ARE C YQ"1Ni/Oi XHOW Lf➢44 .TCSIGNANAT 000066 p •. IW [LfgL V. Vf V[ 3 50 V" `s�8 � '/2- /23o -:iso i %/(e 9 1•3 NO Oiic— &T- N AT P. M BOB NELSON ASPENAPITKIN _ SANITARIAN " 130 S. GALENA ASPEN, CO 81611 1. THE WNERXWNCO. NDIPY CCRYWY TNLT TRE SOIL SWINGS AMB "SCOLATNIX TESTS PCPMBkO U TNIS Fp1M WEXC MISS !Y N4 J TH[ DJJR��OI1!/Cjl �D.LOCATIOM V NM[S MI TIEMX ARE C YQ"1Ni/Oi XHOW Lf➢44 .TCSIGNANAT 000066 EXHIBIT h e l -AW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. PROFESSIONAL CORPORATION MIRD FLOOR ASPEN PV 8NILUNG 533 E. HOFMINE AVENUE ASPEN, COLD. B1O11 LEDNARO M. GATES Nox¢xuwcou TELEPIgNE O1HT0�.@0.17M NICRAROAISNECEVICR DIRECT LI.o LINE SET TED o. GARCENSWARTE I FACSIMIL1 E�9]0)0.u1 MARIA MORROW OFLODNSEC IrAns.Q—, STEPHEN R. CONNOR ANNEINARIEMCPHEE .PAN M. GATES STEPHANIE M. HOTTER December 30, 2014 VIA HAND -DELIVERY Ms. Suzanne Wolff Pitkin County Community Development 130 S. Galena Street Aspen, CO 81611 Re: Request jorApprowd to Haul in Waterjor Domestic Water Supply Dear Suzanne: This letter is to discuss the legal and physical availability of water rights to serve a proposed deed -restricted dwelling unit at the property located at 150 Lower Hurricane Road. The property, owned by the Robert Andrew Williams Revocable Trust ("ApplicantI currently has an existing cabin that is served by an "exempt' well. The proposed dwelling unit would be constructed in addition to the existing cabin so that there will be two cabins located on the Globe Lode mining claim. The Board of County Commissioners first approved construction of the additional dwelling unit in 2009 and the vested rights were subsequently extended in 2013. Applicant proposes hauling in water to satisfy the domestic water demands of the deed - restricted dwelling unit, as permitted by Pitkin County Community Development policy. Potable water will be purchased, delivered to the property and stored in a 5,000 -gallon storage tank installed underneath the dwelling unit. Due to the small size of the proposed dwelling unit (600 square feet), Applicant does not anticipate a high level of water usage. Consequently, the number of trips required to fill and refill the storage tank should be infrequent and not have any significant impact on Little Annie or Lower Hurricane Road. In addition, because water will be obtained from a source outside the upper Roaring Fork valley, there will not be any negative impacts to the water supply within Pitkin County. 000067 OATEs, KNEZEVICH, GARDENSWARTz, KELLY & MORROW, P.0 Ms. Suzanne Wolff, Pitkin County Community Development December 30, 2014 Page 2 Applicant reached the decision to haul in water after considering other water options for the dwelling unit. The well permit for the existing "exempt" well (Permit No. 141306) limits use of the well to domestic use within one single-family dwelling. The well permit further provides that no other wells may be constructed on the property. In order for the well to some two units, Applicant would need to obtain a decree from the water court approving both the expanded use of the well and a plan for augmentation that would replace all of the well's out -of -priority depletions to ensure it is not curtailed by any calls from senior water rights. Applicant retained the services of Eric Mangeot, P.E, from Resource Engineering, Inc. in Glenwood Springs, to develop a plan of augmentation adequate to meet the property's needs. Mr. Mangeot's proposed a plan that would rely on releases of water from either Ruedi Reservoir or the Green Mountain Reservoir to satisfy any calls from senior water rights downstream of the confluence of the Roaring Fork and Fryingpan Rivers. To satisfy calls from senior water rights upstream of that confluence, however, Applicant would need to make physical releases of water to live streams tributary to Castle Creek that crossed Applicant's property. While Applicant was originally hopeful that this would be possible, monitoring of the streams crossing Applicant's property this past summer and fall has revealed that the streams only run on an intermittent basis and that Applicant cannot rely on these streams to make the releases required for an augmentation plan. Applicant has not been able to determine any other water supply plan that is workable based upon the property's location. Pitkin County does have a policy that allows property owners to haul in water to serve a property when the property was previously developed or has already received a development approval. Pitkin County's January 25, 2006 Memorandum regarding "Property Owners Hauling in Water" provides that "in cases where hook-up to a public water system is unavailable, or would place undue financial burden on an individual property owner, requests to haul in water may be approved if the property owner demonstrates to EH&NR that they have made a good faith and reasonable effort to obtain an adequate water supply from surface and/or groundwater sources on or proximate to their property, and have been unsuccessful." In the present case, Applicant has thoroughly researched possible ways of developing a legal water supply adequate to serve the deed -restricted dwelling unit but has determined that developing such a supply is not possible. There is no public water system available to the property, which is located in a Rural and Remote zone district, and Applicant is unable to devise a plan for augmentation that would adequately protect other water users and be acceptable to the water court. Consequently, Applicant requests that the County approve a plan wherein Applicant would haul in potable water to be stored on-site for subsequent in-house use within the proposed dwelling unit. 000063:• GATES. KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. Ms. Suzanne Wolff, Pitkin County Community Development December 30, 2014 Page 3 Thank you for your consideration of this request. Please let me know if you have any questions. Very Truly Yours, OATES, KNEZEVICR, GARDENSWARTZ, KELLY & MORROW, P.C. By /s/Anne Marie McPhee Anne Marie McPhee AMM Ip cc: Robert Williams Jim Petrie Mitch Haas Eric Mangeot 000063 EEXHIBIT 9:I PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF DEVELOPMENT APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Robert Andrew Williams Revocable Trust (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for: Sec9ad Caber oa Rosi Remora Parcel =Site Plan Reyiew (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 030.2109 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners m 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 COUN'TY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount ofL2,509- which is for 5" hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director APPLICAIy . Robe th Williams Date Phone: (818) 8555317 Mailingr Robert. Andrew am Willis Rev. Trust 16255 Ventura glvd�j)g00 Encino. CA 91436 'Includes Plooning Office Qat fee: $1.560 (eon-rofion ble; besod m 5 hours of srsff tune} Also included: $624 Planning Engineer fee; 5290 Envuaivnenul Hwlm Ter, act 554 Public Notice fee PID# 2909-183-01-001 000010 j EXHIBIT PROPERTY OWNERS WITHIN 300' Javier US Trust 9171 Wilshire Blvd, Suite 300 Beverly Hills, CA 90210-5515 Wayne Poulsen Trust PO Box 1506 Aspen, CO 81612 Castle Creek Investors, Inc. 1490 Silverking Drive Aspen, CO 81611-1047 Pitkin County 530 E. Main Street #302 Aspen, CO 81611 USFS White River National Forest 120 Midland Avenue, Suite 140 Glenwood Springs, CO 81601 Blanning James C JR 1615 California Street #601 Denver, CO 80202 Don McGill 715 W. Main St. #201 Aspen, CO 81611 000071 Pro# 2911-121-00-019 wgin PUBLIC NOTICE RE: Robert Andrew Williams Revocable Trust Site Plan Review (Case P004-15) NOTICE IS HEREBY GIVEN that an application has been submitted by Robert Andrew Williams Revocable Trust (16255 Ventura Boulevard, Suite #800, Encino, CA 91436) requesting Site Plan Review to construct a 600 square foot deed-restricted dwelling unit, and minor amendments to the Activity Envelope. The property is located at 250 Lower Hurricane Road and is legally described as Globe Lode, U.S.M.S. No. 6987. The State Parcel Identification Number for the property is 2911-121-00-019. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. Comments or objections are due by March 5, 2015. For further information, contact Suzanne Wolff at (970) 920-5093. Published in the Aspen Times Weekly on February 5, 2015. Attention All Property Owners within 300' of the subject property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street,Aspen, Colorado 81611, by March 5, 2015. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. http://www.aspenpitkin.com/Portals/0/docs/county/Com%20Dev/Planning/Land Use Applicatio ns/P004 15 app.pdf PITIQN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 January 22, 2015 Mitch Haas 201 North Mill Street, Suite #108 Aspen, CO 81611 mitch(a)hlnaspen.com 6yeatreea,comcast.net Re: Robert Andrew Williams Revocable Trust Site Plan Review (PID #2911-121-00-019; Case # P004-15) Dear Mr. Haas: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. 1. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300' of the subject property with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by February 5, 2015. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice who wishes to submit comments or objections to the Community Development by 5th day of March, 2015. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 18ih day of February, 2015, which is at least fifteen (15) days prior to March 5, 2015. This most be submitted prior to any approvals being granted. If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Bonnie Shiles Administrative Assistant Encl: Affidavit Code Section 2-20-100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Environmental Health Aspen Fire Protection Planning Engineer Little Annie Homeowners Association FROM: Suzanne Wolff, Community Development Department Suzanne.wolff(bitkincountv.com Re: Robert Andrew Williams Revocable Trust Site Plan Review (PID 2911-121-00-019; Case P004-15) DATE: January 22, 2015 Attached for your review and comments are materials for an application submitted by Robert Andrew Williams Revocable Trust. The Pitkin County Community Development Director will review the application. Please return your comments to me by Thursday, March 5, 2015. htto'//www gsMnoitkin com/Portals/0/docs/county/Com%20Dev/Planning/Land Use AD plications/P004 15 4pp.odf If you require a paper copy of this application contact Bonnie Shiles at bonnie.shiles@pitkincounty.com or 920-5109. Thank you. PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00037510 Name: Peter J Petrie Project Address: 250 LOWER HURRICANE Type: check # 2098 Permit Number Fee Description 0004.2015.PLAN PP- Flat Fee 0004.2015.PLAN PP- Public Notice Fee 0004.2015.PLAN PP- Planning Eng Referral Fee 0004.2015.PLAN PP- EH&NR Referral Fee Total: Date:1/21/2015 Amount 1,560.00 54.00 624.00 270.00 2,508.00